Body: Council Type: Agenda Meeting: Regular Date: April 14, 2020 Collection: Council Agendas Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC COUNCIL MEETING AGENDA
Online via Teleconference and Broadcast live to the South Frontenac’s Facebook Page https://www.facebook.com/SouthFrontenacTwp/ TIME: DATE: PLACE:
7:00 PM, Tuesday, April 14, 2020 Electronic Participation.
Roll Call
a)
Council Members and Staff
Call to Order
a)
Resolution
Declaration of pecuniary interest and the general nature thereof
Procedural By-law Changes
a)
By-law 2020-18
5-6
That Council approve By-law 2020-18, a by-law to amend By-law 2017-76 and approve the provision for electronic participation in Council meetings. 5.
Approval of Agenda
a)
Resolution
Scheduled Closed Session - not applicable
Recess - not applicable
Delegations - not applicable
Public Meeting - not applicable
Approval of Minutes
a)
March 17, 2020 Council Meeting
7 - 12
Be it resolved that Council approves the minutes of the March 17, 2020 Council meeting. 11.
Business Arising from the Minutes
a)
Lake Ecosystem Advisory Committee Be it resolved that Council approve Terms of Reference for a Lake Ecosystem Advisory Committee attached as Schedule A to the
13 - 19
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report dated April 14, 2020 from the Chief Administrative Officer. 12.
Reports Requiring Action
a)
Dispatch Agreement with the City of Kingston
20 - 35
Be it resolved that Council authorize the Mayor and Clerk to sign a new 2020 amended and restated fire dispatch agreement between the Township of South Frontenac and the City of Kingston. b)
Frontenac Community Arena Levy and Update on Loan
36 - 37
Be it resolved that Council support moving the due date of the arena loan from January 31, 2020 to December 31, 2020, and; That an increase to the 2020 arena levy in the amount of $67,981 be funded out of Working Funds should the overall operating financial position of the Township as of December 31, 2020 not provide a surplus to fund the variance. c)
2020 Tax Rate By-law and COVID-19 Financial Measures
38 - 40
That Council approve By-law 2020-22, to amend By-law 2020-15 to extend the due date for interim taxes to May 31st, 2020; and, That Council approve By-law 2020-21, being the final tax rate by-law, which also incorporates financial measures in relation to COVID-19; and, That Council support the deferrals as itemized in Appendix A to this report. d)
Site Plan Approval for Right-of-Way for the purpose of parking and docking access for properties on Kennedy Island, Sydenham Lake, 4420 Sills Bay Rd (See By-law 2020-19)
41 - 52
Be it resolved that By-law 2020-19 be approved. e)
Jefferies Deeming By-law (See By-law 2020-20)
53 - 55
Be it resolved that By-law 2020-20 be approved. f)
Cash-in-Lieu of Parkland for Shield Shores Plan of Condominium, 10CD-2016-001
56 164
Be it resolved that Council accept the amount of $20,000 as the cash-in-lieu parkland payment for the Shield shores Plan of Condominium, 10 CD-2016-001. g)
Cash- in-Lieu of Parkland for Johnston Point Plan of Condominium, 10T-2014-002
165 238
Be it resolved that Council accept the amount of $84,250 as the cash-in-lieu of parkland payment for the Johnston Point Plan of Condominium, 10CD-2014-002. h)
Multi- Purpose Pad - Centennial Park
239 245
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Be it resolved that Council support the motions of both the Recreation and Leisure Facilities Committee and the Community Programming and Events Committee and release the hold on the approved capital funding for a Centennial Park Multipurpose Facility. i)
Tender # PS-2020-03 - Sand/Salt Shed Fabric Replacement Hartington Patrol Yard
246
Be it resolved that council accept the bid from Barrett’s Farm and Family Centre in the amount of $83,152.54, excluding HST for the fabric membrane replacement on the Hartington Sand/Salt Shed. j)
Contract Extension - Cambium Consulting Services, Environmental Monitoring and Reporting
247 255
Be it resolved that Council approves an extension to the Township’s existing contract with Cambium Inc. for the monitoring and reporting of the Township’s existing contract with Cambium Inc. for the monitoring and reporting of the Township’s Waste Disposal Sites subject to the terms and conditions. k)
Replacement Tag Along Trailer
256
Be it resolved that Council authorize the purchase of a Tag Along trailer in the amount of $50,000. This trailer is to replace FT72, being a 2004 25 Ton Tag Along Trailer utilized for floating heavy equipment. l)
PS-2020-08 New Tires and Tire Repairs
257
Be it resolved that Council approve the tender submission from Black Dog Tirecraft for the supply and service of the Township’s tire and repair needs. m)
By-law Enforcement Contract Extension
258 303
Be it resolved that Council extend the contract with Frontenac Municipal Law Enforcement to April 30, 2021. 13.
Committee Meeting Minutes
a)
Verona Community Association Meetings from 2019
304 321
Be it resolved that Council receives for information the minutes of the 2019 meeting of the Verona Community Association. 14.
By-laws
a)
First and Second Reading of By-laws Be it resolved that By-laws 2020-19 to 2020-22 be given first and second reading.
b)
By-law 2020-19 - Execute a Site Plan Agreement with Michael McLachlan and Jane Farnan Be it resolved that By-law 2020-19 be given third reading, signed and
322 327
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sealed. c)
By-law 2020-20 - Deem part of Plan of Subdivision No. 43 not to be a Registered Plan of Subdivision
328
Be it resolved that By-law 2020-20, being a by-law to deem part of Plan of Subdivision No 43 not to be a Registered Plan of Subdivision; Lot 7, Plan 1937, District of Loughborough and Block 17, Plan 1938 District of Portland, be given third reading, signed and sealed. d)
By-law 2020-21 - Tax Rate By-law
329 336
Be it resolved that By-law 2020-21 be given third reading, signed and sealed. e)
By-law 2020-22 - Amendment to 2020-15 - Interim Tax Levy
337
Be it resolved that By-law 2020-22, being a by-law to amend By-law 2020-15, the Interim Tax Levy By-law, be given third reading signed and sealed. 15.
Reports for Information
a)
Sunbury Village Construction - Sidewalk
Information Items
a)
Verbal Update from Directors • Louise Fragnito, Director of Corporate Services and Treasurer • Claire Dodds, Director of Development Services • Darcy Knott, Director of Fire and Emergency Services • Mark Segsworth, Director of Public Service
Notice of Motions
Announcements/Statements by Councillors
Closed Session - not applicable
Confirmatory By-law
a)
By-law 2020-23 Be it resolved that By-law 2020-23, the Confirmatory By-law be approved.
Adjournment
a)
Resolution
338 339
340
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-18 BEING A BY-LAW TO AMEND SCHEDULE A OF BY-LAW 2017-76 TO ALLOW FOR ELECTRONIC PARTICIPATION BY COUNCIL MEMBERS AT COUNCIL MEETINGS. WHEREAS Bill 187, the Municipal Emergency Act amended the Municipal Act, 2001, provide that, during emergencies, should they choose to, members of councils, local boards and committees who participate electronically in open and closed meetings may be counted for purposes of quorum; AND WHEREAS the Council of the Township of South Frontenac deems it wise and expedient to allow for electronic participation in Council meetings; AND WHEREAS Bill 187 has provided that Section 238 of the Municipal Act, 2001 is amended by adding the following subsections: Electronic participation, emergencies (3.3) The applicable procedure by-law may provide that, during any period where an emergency has been declared to exist in all or part of the municipality under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act, (a) despite subsection (3.1), a member of a council, of a local board or of a committee of either of them who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time; and (b) despite subsection (3.2), a member of a council, of a local board or of a committee of either of them can participate electronically in a meeting that is closed to the public. Same, procedure by-law (3.4) A municipality or local board may hold a special meeting to amend an applicable procedure by-law for the purposes of subsection (3.3) during any period where an emergency has been declared to exist in all or part of the municipality under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act and despite subsection (3.1), a member participating electronically in such a special meeting may be counted in determining whether or not a quorum of members is present at any time during the meeting. NOW THEREFORE BE IT RESOLVED THAT Sections 1, 2 (a) and (e) 4 (a) and (b) and 6 (d) of Schedule A of By-law 2017-76 be amended to include the electronic participation of Council members for the purposes of being counted towards having quorum. This By-law shall come into force and take effect on the date of its passing. Read and first and second time this 14 day of April, 2020. Read a third time and finally sealed this 14 day of April, 2020. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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BY-LAW 2020-18 Amendment to Schedule A of By-law 2017-76 1 - DEFINITIONS v) ELECTRONIC PARTICIPATION - shall mean the participation in a meeting by means of telephone conferencing, or use of web based meeting program along with the use of iPads and the CivicWeb portal. 2 - MEETINGS a) MEETING LOCATION - All meetings of Council shall be held at the municipal complex, 4432 George Street, Sydenham, Ontario, unless otherwise stipulated as permitted under Bill 187, the Municipal Emergency Act allowing for electronic participation by Council members and staff. e) CONVENING MEETINGS - Unless otherwise stipulated, Council shall meet at 7:00 p.m.(or at a time deemed appropriate by the Mayor and the Clerk) on the first and third Tuesday in each month from January to December inclusive with the exception of the months of July and August when only one meeting will be held each month, on the first Tuesday of the month. In the case of meetings being convened under the authority of Bill 187, the Municipal Emergency Act, the Clerk will notify members of the public through the events calendar on the township website and through the CivicWeb Portal if there is a change in the date or time of any Committee of the Whole or Council meeting. 4 – QUORUM AND PRESIDING OFFICER a) REGULAR MEETINGS - As soon as there is a quorum, either in person or via electronic participation after the hour fixed for the meeting, the Presiding Officer will assume the role as Chair and call the members to order. The Clerk will then take note of attendance. b) TIME LIMIT - The time limit for a quorum is 30 minutes after the time appointed for the meeting. If no quorum is present after 30 minutes, the Council or Committee will stand adjourned until the next regular day of meeting or until a special meeting is called. The special meeting will deal with the matters intended to be addressed at the adjourned meeting. The Clerk will record the names of the members present at the expiration of the time limit and append this record to the next agenda. As permitted by Bill 187, the Municipal Emergency Act, Electronic participation will be permitted and counted as attendance by members of Council at Council and Committee meetings in order to participate under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act and despite subsection (3.1), a member participating electronically in such a special meeting may be counted in determining whether or not a quorum of members is present at any time during the meeting. 6 – MOTIONS d) VOTING – When electronic participation in a Council meeting is permitted, a recorded vote shall be conducted on all motions/resolutions so that the Clerk can accurately document the way in which each Councillor votes on each matter.
Page 7 of 340 Minutes of Council March, 17, 2020 Time: 7:00 PM Location: Council Chambers
Meeting # 8 Present: Mayor Ron Vandewal, Ray Leonard, Doug Morey, Alan Revill, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff: Neil Carbone - Chief Administrative Officer, Mark Segsworth - Director of Public Services, Louise Fragnito - Director of Corporate Services and Treasurer, Angela Maddocks - Clerk, Claire Dodds, Director of Development Services, Darcy Knott Director of Fire and Emergency Services 1.
Call to Order
a)
Mayor Vandewal provided a brief update on the status of the Emergency Control Group’s regular meetings, discussions and decisions regarding the COVID-19 pandemic, recognizing the importance of protecting the health of community members and staff. He indicated that the road side signage and extended tax due date has been well received by the community in light of the pandemic.
b)
Resolution Resolution No. 2020-8-01 Moved by Councillor Revill Seconded by Councillor Ruttan That the Council meeting of March 17, 2020 be called to order at 7:00 p.m. Carried
Declaration of pecuniary interest and the general nature thereof
a)
Councillor Leonard declared pecuniary interest with respect to Agenda Item 13 (e), the Accounts Payable and Payroll Listing.
Approval of Agenda
a)
Resolution
As the agenda indicated a Closed Session at the end of the meeting, the CAO clarified that discussions would be in open session unless there is a need to discuss identifiable individuals or other matters subject to closed meeting guidelines. Resolution No. 2020-8-02 Moved by Councillor Ruttan Seconded by Councillor Revill That the agenda for the March 17, 2020 Council meeting be approved as amended. Carried 4.
Scheduled Closed Session - not applicable
Page 8 of 340 Minutes of Council March, 17, 2020 5.
Recess - not applicable
Delegations
a)
James Patenaude, Philip Emon and Jim Miller, Utilities Kingston, re: 2019 Annual Compliance Report for the Sydenham Water Treatment Plant Due to COVID-19 restrictions it was pre-determined that the staff from utilities Kingston would not personally attend the meeting, however Council members were encouraged to submit any questions to them through the Clerk via email. Resolution No. 2020-8-03 Moved by Councillor Revill Seconded by Councillor Ruttan That Council receives the 2019 Annual Compliance Report for the Sydenham Water Treatment Plant, as required by the terms and conditions outlined in Schedule 22 of the Ontario Regulation 170/03. Carried
Public Meeting - not applicable
Approval of Minutes
a)
March 3, 2020 Council Meeting Resolution No. 2020-8-04 Moved by Councillor Ruttan Seconded by Councillor Revill That the minutes of the March 3, 2020 Council meeting be approved. Carried
b)
March 10, 2020 Committee of the Whole Meeting Resolution No. 2020-8-05 Moved by Councillor Ruttan Seconded by Councillor Revill That the minutes of the March 10, 2020 Committee of the Whole meeting be approved. Carried
Business Arising from the Minutes
a)
Notice of Motion - Tree Cutting along lake shorelines Resolution No. 2020-8-06 Moved by Councillor Revill Seconded by Councillor Ruttan That Council direct staff to provide a report on the most effective and expeditious way to control tree cutting on lake shore lines. Carried
Reports Requiring Action
a)
Approve Transfer Payment Agreement (TPA) with the Ontario Ministry of Municipal Affairs and Housing (MMAH) Resolution No. 2020-8-07 Moved by Councillor Sleeth Seconded by Councillor Morey That Council authorize the Mayor and Clerk to execute a Transfer Payment Agreement (TPA) with the Ontario Ministry of Municipal Affairs and Housing
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Page 9 of 340 Minutes of Council March, 17, 2020 (MMAH) for Municipal Modernization Program Funding for the Regional Service Delivery Review project Carried b)
SFFR Medical Rapid Response Vehicles Resolution No. 2020-8-08 Moved by Councillor Sleeth Seconded by Councillor Morey That Council authorize the release of unbudgeted funds totalling $15,750 + HST to be funded from the working fund reserve, for the retrofit of three (3) SFFR pickup truck units to accommodate new rapid response units to attend medical emergencies. Carried
c)
Lyons Landing - Rezoning of Lots 22 to 32, Plan 13M-56 See By-law 2020-13
d)
McGibbon Rezoning - Concession 13, Pt Lot 5, 4462 Wilmer Road See By-law 2020-14
e)
Extension of Due Date for Interim Taxes See By-law 2020-15 also. Resolution No. 2020-8-09 Moved by Councillor Sleeth Seconded by Councillor Morey That in addition to extending the due date for payment of the 2020 Interim Taxes to April 30, 2020, that Council approves the recommendation from the Director of Corporate Services and Treasurer not to charge the 1.25% penalty that on outstanding taxes for April 1, 2020. Carried
Committee Meeting Minutes - not applicable
By-laws
a)
By-law 2020-13 - Rezone Plan 13M-56, Lots 22 -to 32, to Residential Special Provision (R- 30) Zone Resolution No. 2020-8-10 Moved by Councillor Sleeth Seconded by Councillor Morey That the following by-laws be given first and second reading: • By-law 2020-13 • By-law 2020-14 • By-law 2020-15 Carried Resolution No. 2020-8-11 Moved by Deputy Mayor Sutherland Seconded by Councillor____________________ That By-law 2020-13 be amended to include an adjunct legal instrument on Lots 22 to 32 that provides an option to plant up to three trees on each lot at the cost of the developer.
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Page 10 of 340 Minutes of Council March, 17, 2020 Resolution No. 2020-8-12 Moved by Councillor Sleeth Seconded by Councillor Morey That By-law 2020-13, being a by-law to amend By-law 2003-75, as amended, to rezone Lots 22 to 32, Plan of Subdivision 13M -56 from Residential Special Provision Zone (R-10) to Residential Special Provision Zone (R-30), Kona Crescent, Lyons Landing, be given third reading signed and sealed. Carried b)
By-law 2020-14 - Rezone Conc 13 Part Lot 5, to Rural - Special Provision Zone (RU-5) 4462 Wilmer Road Resolution No. 2020-8-13 Moved by Councillor Morey Seconded by Councillor Sleeth That By-law 2020-14, being a by-law to amend By-law 2003-75, as amended, to rezone land from Rural - Temporary Zone - (RU-42) to Rural - Special Provision Zone (RU-58) on lands described as 4462 Wilmer Road, Lot 5, Concession 13, being part 1 on Plan 13R-7400, District of Loughborough, be given third reading, signed and sealed. Carried
c)
By-law 2020-15 - Amend 2020-04 - Interim Tax By-law Resolution No. 2020-8-14 Moved by Councillor Leonard Seconded by Deputy Mayor Sutherland That By-law 2020-15, being a by-law to amend By-law 2020-04, the Interim Tax levy By-law with respect to the date taxes are payable, be given third reading, signed and sealed. Carried
Reports for Information
a)
Notice of Motion - Resolution 2019-34-04 - Status of Johnston Point Plan of Condominium Deputy Mayor Sutherland asked that staff look into the possibility of viewing an unredacted version of the Benefit Permit in a Closed Session meeting.
b)
Tender No. FD-2020-01 - 2020 4 X 4 Mid Sized SUV
c)
Emergency Management Compliance 2019
d)
2019 Development Charges Reporting The Director of Corporate Services and Treasurer provided clarity on allocations from the previous Development Services By-law compared to what has been collected based on the updated By-law 2019-48.
e)
Accounts Payable and Payroll Listing
Information Items - not applicable
Notice of Motions - not applicable
Announcements/Statements by Councillors
a)
Mayor Vandewal announced that it was the Chief Administrative Officer’s birthday.
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Page 11 of 340 Minutes of Council March, 17, 2020 17.
Question of Clarity (from the public on outcome of agenda items) - not applicable
Closed Session - NOT Required
a)
Despite the inclusion of a Closed Session in the published agenda, Council amended the agenda to remove the requirement for a Closed Session.
b)
Verbal Update from the Chief Administrative Officer - COVID-19 Pandemic Neil Carbone provided an update to Council on the operational decisions made for health and safety precautions for the public and staff. All Township owned recreation facilities have been closed and not accessible to the public, this includes not committing to any bookings of these facilities in the near future. The Administration offices closed to the public effective at the end of today’s work day. Staff will continue to work remotely from home where possible and there will be limited staff working from the municipal offices. Continued public service announcements and updates will be published on the website and social media sites. A by-law has been prepared for Council’s consideration to delegate certain authority to staff in order to continue with the necessary business of the township.
By-law
a)
By-law 2020-16 - Delegation of Authority A recorded vote was requested for Resolution 2020-8-15, the third and final reading of By-law 2020-16. Councillors Leonard, Morey, Revill, Ruttan, Sleeth and Mayor Vandewal voted in favour of the motion, Deputy Mayor Sutherland voted against the motion. Resolution No. 2020-8-15 Moved by Deputy Mayor Sutherland Seconded by Councillor Leonard That By-law 2020-16 be given first and second reading. Carried Resolution No. 2020-8-16 Moved by Councillor Leonard Seconded by Councillor Sleeth That By-law 2020-16, being a by-law to temporarily delegate authority to the Chief Administrative Officer, the Director of Corporate Services and Treasurer, the Mayor and the Clerk, be given third reading, signed and sealed this 17 day of March 2020. Carried
Confirmatory By-law
a)
By-law 2020-17 Resolution No. 2020-8-17 Moved by Deputy Mayor Sutherland seconded by Councillor Leonard That By-law 2020-17, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given third reading, signed and sealed this 17 day of March 2020. Carried Resolution No. 2020-8-18
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Page 12 of 340 Minutes of Council March, 17, 2020 Moved by Councillor Ruttan Seconded by Councillor Revill That By-law 2020-17, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given first and second reading this 17 day of March, 2020. Carried 21.
Adjournment
a)
Resolution Resolution No. 2020-8-19 Moved by Councillor Revill Seconded by Councillor Ruttan That the Council meeting of March 17, 2020 be adjourned at 8:00 p.m. Carried
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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REPORT TO COMMITTEE OF THE WHOLE Office of the Chief Administrative Officer
AGENDA DATE:
April 14, 2020
SUBJECT:
Terms of Reference - Lake Ecosystem Advisory Committee
RECOMMENDATION: That Council approve Terms of Reference for a Lake Ecosystem Advisory Committee attached as Schedule A to this staff report. BACKGROUND: At the Council meeting of October 1, 2019, Council passed the following motion, as amended: Resolution No. 2019-26-07 Moved by: Councillor Ruttan Seconded by: Councillor Revill That Council direct staff to develop terms of reference for a Lake Association Committee of Council for consideration by Council. At the March 10, Committee of the Whole meeting, Council provided feedback on the draft terms of reference and requested some minor amendments. Those changes have been incorporated into the document, which is now before Council for Approval. ANALYSIS/DISCUSSION: Objectives Staff considered the following principles in drafting these terms of reference:
Place a emphasis on the health and sustainability of Lake ecosystems Recognize the representative role of Lake Associations while also acknowledging the value of non-member lakeshore residents and other community expertise Create a scope that promotes efficient use of volunteer and staff time and ensures focus on the mandate provided by Council Balance citizen input with technical expertise Ensure a size and structure that facilitates manageable meetings Mitigate the potential for unequal representation or influence (or perception thereof)
Mandate In addition to providing a new conduit through which Council and senior staff can receive feedback from Lake Associations annually, the Advisory Committee would also provide feedback to the Township as we develop a Lake Study Grant Program. Other Committee feedback would be as requested/referred by Council.
“Natural, Vibrant and Growing – a Progressive Rural Leader”
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REPORT TO COMMITTEE OF THE WHOLE Office of the Chief Administrative Officer Meetings and Membership Meetings of the Committee would be quarterly or more often if deemed necessary by the Committee to fulfill its mandate. The Committee is proposed to have a maximum of 10 members:
Two (2) Councillors The Mayor (1) (ex-officio – only votes in the absence of a Councillor) A maximum of six (6) Lake Association representatives A maximum of two (2) other citizen representatives who may reside on lakeshore property and/or bring other relevant expertise to the Committee (as determined by Council)
*Importantly, of the six official Lake Association representatives, there can be no more than one (1) representative from any Association. Staff Resources Staff resources for the Committee would be the Director of Public Services and the Director of Development Services or their designate(s). A representative from a local conservation authority will also be requested to serve as a support person for the Committee. STRATEGIC PLAN ALIGNMENT: The draft Committee Terms of Reference were developed with consideration for the following elements of the Strategic Plan, and closely aligns with Strategic Priority #2: Promote and support growth that meets the community’s needs while maintaining the integrity of our natural environment Mission
Engaging and collaborating with citizens and partners in an open and transparent manner;
Preserving and leveraging the community’s natural assets, history and rural lifestyle.
Recognizing the Township’s role in the stewardship of our environment; seeking and taking advantage of practical opportunities to improve and sustain it.
Values
Communication & Collaboration Environmental Sustainability
“Natural, Vibrant and Growing – a Progressive Rural Leader”
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REPORT TO COMMITTEE OF THE WHOLE Office of the Chief Administrative Officer FINANCIAL/STAFFING IMPLICATIONS: None at this time. Once established, the Committee would incur some costs related to committee member travel and/or expenses. Some degree of additional staff time will be required to support the new Committee. ATTACHMENTS:
- Final Lake Ecosystem Advisory Committee Terms of Reference
Submitted/Approved by: Neil Carbone, CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 16 of 340 Thursday, April 9, 2020Wednesday, March 4, 2020
South Frontenac
Lake Ecosystem Advisory Committee Terms of Reference
Purpose It shall be the goal of the Committee to support the health and welfare of the Township’s lake ecosystems and the enjoyment and use of those lakes by lake residents, visitors and future generations through specific duties and functions outlined within this terms of reference and other items that may be specifically referred to the Committee by Township Council from time to time.
Specific Duties and Functions a) 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; b) 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; c) 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; d) 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; e) To provide periodic advice or recommendations to the Township on items referred to it by Senior Staff or Township Council; f)
To foster meaningful, respectful and productive working relationships between local Lake Associations, their members, other lakeshore residents, and municipal elected officials and staff;
g) Members may conduct research, analyse information, participate in outreach activities, and undertake other tasks related to the Committee’s mandate;
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Page 17 of 340 Thursday, April 9, 2020Wednesday, March 4, 2020
- Membership and Appointments a) The Committee shall be comprised of the following voting members: i)
Two (2) members of Township Council;
ii)
A maximum of six (6) members from Lake Associations, the candidacy of which has been officially endorsed by their Lake Association, to a maximum of one (1) representative from any association;
iii) A maximum of two (2) citizen members who own and/or reside on Lakeshore property within the Township and/or that possess specific knowledge or expertise beneficial to the mandate of the Lake Ecosystem Advisory Committee; iv) Notwithstanding section 3a) sub ii) above, citizen members may hold membership in a Lake Association that also has an official representative on the Committee without limiting the latter’s official representation; v)
The Mayor shall sit on the Committee in an ex-officio capacity;
b) The following staff shall serve as non-voting resources to the Committee: i)
The Director of Development Services or their designate
ii)
The Director of Public Services or their designate
iii) One (1) representative from local Conservations Authorities or their designate, at the discretion of that Conservation Authority; c) Attendance by and input from representatives of other Township departments or outside agencies may be requested by the Committee;
Employees The Committee has no employees. All formal resource persons shall be employees of the Township and/or a local Conservation Authority, and are subject to the conditions of employment with their employer.
Term, Appointment & Vacancies a) Appointments shall be made by Council for the term of Council;
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Page 18 of 340 Thursday, April 9, 2020Wednesday, March 4, 2020 b) Notwithstanding 4) above, any member may be removed and/or vacancies filled at the discretion of Council, as provided for by Township policy;
Meetings a) Committee meetings shall adhere to the Township’s procedural by-law and any other applicable legislation or by-laws; b) The Committee shall meet quarterly, or more often as it deems necessary to fulfill its assigned duties and functions, on dates to be determined by resolution of the Committee, with notice provided in accordance with applicable by-laws; c) The Committee shall report to Council via regular meeting minutes and may elect to make a delegation to Council or Committee of the Whole from time to time; d) Township support staff or their designate shall serve as recording secretary for the purpose of preparing agendas and taking Committee meeting minutes;
Quorum A quorum of the Committee is required for a meeting to take place. Quorum shall mean a simple majority of voting members (50% +1).
Officers The officers of the Committee shall consist of a Chair and Vice-Chair elected from the voting members by the Committee and appointed by formal motion at its first meeting of each year;
Subcommittees a) The Committee shall have the discretion to strike subcommittees or working groups for specific purposes, provided those purposes fall within an approved mandate of the Committee; b) The Committee may only appoint members to a subcommittee from within its membership; c) Subcommittees and their member appointments must be made by resolution of the Committee; d) Subcommittees serve in an advisory capacity to the Committee only;
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Page 19 of 340 Thursday, April 9, 2020Wednesday, March 4, 2020
Governance and Guidance a) At all times the Committee shall be governed by: i) These Terms of Reference ii) The Township Procedural By-Law iii) Applicable Codes of Conduct iv) Any other applicable Legislation and by-laws b) At all times the Committee shall be guided by: i) The Township’s Strategic Plan ii) Applicable Official Plan(s) iii) Other Master Plans (Recreation, Transportation, etc.) iv) The Planning Act v) All other applicable policies or plans
Remuneration a) Committee members shall serve without remuneration and shall not directly or indirectly profit from their position. b) Notwithstanding section 11a), Committee members shall be paid reasonable expenses incurred in the performance of their duties in accordance with Township policy.
Financial a) The Committee is advisory in nature and shall have no delegated authority or discretion to expense Township or any other funds; b) Any financial matters relating to the Committee or to the activities or initiatives to which it is referred, shall be managed in accordance with the Township’s procurement policy and any other applicable legislation, by-laws or policies;
Periodic Review At the first meeting of the second year of the Committee’s existence, and in each year thereafter, the Committee will review these terms of reference. Any recommendations for changes to these Terms of Reference will be forwarded to Council for consideration.
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REPORT TO COUNCIL FIRE DEPARTMENT
AGENDA DATE:
April 14, 2020
SUBJECT:
Fire Department Dispatch Agreement with the City of Kingston
RECOMMENDATION: That Council authorize the Mayor and Clerk to sign a new 2020 amended and restated fire dispatch agreement between the Township of South Frontenac and the City of Kingston. BACKGROUND: The City of Kingston through Kingston Fire and Rescue (KFR) provide dispatching services to the Township of South Frontenac and South Frontenac Fire and Rescue. This agreement has been in place for many years and is functioning well. The KFR Communications Centre also dispatches for all fire services in Frontenac and Lennox and Addington Counties. This regional dispatch provides seamless interaction between fire departments when additional help and resources are activated through Mutual and Automatic Aid Agreements. The current agreement in place between South Frontenac and Kingston was last revised and updated in 2017. The new agreement includes provisions for a web based application, “Who’s Responding” which assists our fire service operation and personnel during emergency situations. The revised agreement states that the annual fee will be based on the 2019 fee and will be adjusted annually for inflation on January 1st as established by Statistics Canada’s Consumer Price Index for Ontario on the previous October 1st. This will allow KFR to keep up with the cost of operating their communication centre. STRATEGIC PLAN ALIGNMENT: The updated agreement aligns with our Strategic Priority #3 “Ensure the organizational capacity to deliver cost-effective services in a changing world”. This ongoing collaboration will ensure that we are able to continue our operational functions of responding to fire and life safety emergencies within the Township of South Frontenac. FINANCIAL/STAFFING IMPLICATIONS: Annual inflation increase to cost of third party dispatching services ATTACHMENTS:
2020 Amended and Restated Fire Dispatch Agreement South Frontenac
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 21 of 340
REPORT TO COUNCIL FIRE DEPARTMENT
Submitted by: Darcy W. Knott Director of Fire and Emergency Services Fire Chief / CEMC Approved by: Neil Carbone CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
AMENDED FIRE DISPATCH SERVICES AGREEMENT
Page 22 of 340
THIS AMENDED AND RESTATED AGREEMENT made this __ day of February, 2020. BETWEEN: THE CORPORATION OF THE CITY OF KINGSTON (hereinafter called “Kingston”) -andTHE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC (hereinafter called “South Frontenac”) THIS AMENDED AND RESTATED AGREEMENT (the “Amended and Restated Agreement”) amends, restates, and replaces in its entirety the Fire Protection Agreement between the Parties dated March 2nd, 2017. WHEREAS both Kingston and South Frontenac have established municipal fire departments. AND WHEREAS both Kingston and South Frontenac are authorized by subsection 2(5) of the Fire Protection and Prevention Act, S.O. 1997, c. 4 (the “Act”) to enter into agreements with other municipalities to provide and receive fire protection services (“Fire Protection Agreements”). AND WHEREAS Kingston, through its municipal fire department, maintains certain equipment, resources and personnel for receiving and dispatching emergency services calls. AND WHEREAS South Frontenac wishes to contract for the provision of certain dispatch and communications services from Kingston’s municipal fire department for South Frontenac’s municipal fire department; AND WHEREAS the provision of communications and dispatch services have specifically been identified by the Ontario Office of the Fire Marshal as elements that may be dealt with by way of Fire Protection Agreements in accordance with the authority granted both under the Act and section 20 of the Municipal Act, 2001, S.O. 2001, c. 25. AND WHEREAS both Kingston and South Frontenac have agreements with a vendor to use a third party volunteer firefighter response management application (the “Application”), AND WHEREAS South Frontenac wishes Kingston to facilitate South Frontenac’s use of the Application and Kingston is prepared to facilitate South Frontenac’s use of the 1 of 14
Page 23 of 340 Application at no cost to South Frontenac but on the terms and conditions contained herein; AND WHEREAS Kingston and South Frontenac entered into a Fire Protection Agreement on March 2nd, 2017, for Kingston to provide certain communications and dispatch services to South Frontenac (the “Original Agreement”). AND WHEREAS the Parties desire to amend and restate the Original Agreement. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged and intending to be legally bound, the Parties hereby agree as follows: 1.
RECITALS
1.1
The above recitals are true and the same are hereby incorporated into this Amended and Restated Agreement by reference.
DEFINITIONS
2.1
As used herein, the following definitions shall apply unless otherwise indicated: 2.1.1 “Amended and Restated Agreement” means this amended and restated agreement, including all Schedules attached hereto. 2.1.2 “Annual Fee” means the amount established under section 5 herein. 2.1.3 “Commencement Date” means January 1st, 2020. 2.1.4 “Dispatch Area” means the entire geographic boundary of South Frontenac and areas where South Frontenac is responsible for providing fire protection services under the Act. 2.1.5 “Parties” means Kingston and South Frontenac collectively and “Party” means one of them. 2.1.6 “Personal Information” means personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as in force at any given time. 2.1.7 “Services” means the dispatch and communication services provided by Kingston to South Frontenac pursuant to this Agreement as described in section 3. 2.1.8 “Term” means the period of time established under section 9 herein.
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Page 24 of 340 3.
PROVISION OF THE SERVICES
3.1
Kingston shall provide, except as hereinafter limited or excluded, the following Services to South Frontenac during the Term in accordance with the terms and conditions set forth herein: 3.1.1 accept all telephone calls directed to South Frontenac’s emergency services in response to emergency situations; 3.1.2 dispatch South Frontenac’s emergency personnel, as appropriate, in accordance with emergency calls received; 3.1.3 monitor the radio and respond to requests from South Frontenac’s fire department vehicles; 3.1.4 record all calls, dispatches and radio messages processed by Kingston under the terms of this Amended and Restated Agreement; 3.1.5 maintain all audio files of recorded emergency telephone and radio conversations relating to the provision of Services in accordance with the terms of this Amended and Restated Agreement for a period of not more than six (6) months; and 3.1.6 provide such recordings to South Frontenac within a reasonable time after receiving a written request from South Frontenac’s Fire Chief or his or her designate.
3.2
Provided that South Frontenac provides Kingston with sufficient information and sufficient cooperation, Kingston shall also provide the following Services during the Term in accordance with the terms set forth herein: 3.2.1 monitor at all times South Frontenac’s fire department’s radios; 3.2.2 utilize a Computer Aided Dispatch system to receive emergency calls and dispatch South Frontenac’s fire department vehicle(s) or station(s) as per South Frontenac’s fire department’s running assignments; 3.2.3 provide, upon request, dispatching for “Rip and Run” sheets to South Frontenac’s fire department; 3.2.4 record all incident information and provide South Frontenac’s fire department with such incident information for its Records Management System in a mutually agreed upon format; 3.2.5 contact other agencies, as requested, or relay information to other agencies, as requested, during an incident;
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3.2.6 relay any pertinent information such as pre-plans, closest hydrants or Page 25 of 340 water supply and hazard materials information, as appropriate and as provided by South Frontenac in the Mapping Information; 3.2.7 monitor “firefighter-down alarms” and initiate rapid intervention team protocols as per South Frontenac’s standard operating procedures; 3.2.8 provide voice or alphanumeric paging as requested by South Frontenac’s fire department; 3.2.9 provide wireless fire alarm monitoring; 3.2.10 provide regular radio and pager tests in accordance with a mutually agreed upon schedule; 3.2.11 receive and record calls from alarm technicians regarding fire alarm tests; 3.2.12 provide multi-channel radio frequency management; 3.2.13 provide radio user identification; and 3.2.14 maintain and contact key holder information. 3.3
Notwithstanding anything else in this Amended and Restated Agreement, Kingston may refuse to provide the Services to South Frontenac if the Services are not available due to emergency call volume associated with a declared state of emergency or due to mechanical failure. In such event, South Frontenac must implement its own contingency plan for activating fire protection services from its own response stations. 3.3.1 In the event that either situation occurs, Kingston shall promptly notify South Frontenac.
FACILITATION OF SOUTH FRONTENAC’S USE OF THE APPLICATION
4.1
South Frontenac acknowledges that it has requested that Kingston facilitate South Frontenac’s use of the Application as a gratuitous service and it voluntarily accepts same as a gratuitous service.
4.2
South Frontenac acknowledges that whenever and to whatever extent that Kingston facilitates South Frontenac’s use of the Application, Kingston is performing a gratuitous service.
4.3
South Frontenac acknowledges that Kingston’s facilitation of South Frontenac’s use of the Application is entirely separate and apart from the Services which Kingston provides to South Frontenac pursuant to section 3 of this Agreement.
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4.4
South Frontenac shall be solely responsible for providing Kingston with any Page 26 of 340 information which Kingston requires in order to facilitate South Frontenac’s use of the Application.
4.5
South Frontenac shall be solely responsible for any and all costs or fees related to South Frontenac’s use of the Application and Kingston’s facilitation of South Frontenac’s use of the Application, including but not limited to any costs or fees charged by the Application vendor for South Frontenac’s use of the Application or Kingston’s facilitation of South Frontenac’s use of the Application.
4.6
South Frontenac represents and warrants that it is entitled to use the Application, that it will use the Application in accordance with the terms and conditions of its agreement or license with the Application vendor, and that Kingston is entitled to facilitate South Frontenac’s use of the Application as provided for in this Agreement.
4.7
Subject to section 4.8, and provided that South Frontenac provides Kingston with sufficient information and sufficient cooperation, Kingston will provide the Application or the Application vendor with access to information regarding emergency calls directed to South Frontenac’s emergency services and received by Kingston (in accordance with this Agreement) as may be necessary to facilitate South Frontenac’s use of the Application.
4.8
South Frontenac acknowledges that Kingston may, at any time, in its sole discretion, refuse to facilitate or cease facilitating South Frontenac’s use of the Application without any penalty or liability whatsoever and South Frontenac hereby waives and releases any and all claims or causes of action against Kingston, its Mayor, any of its Councillors, officers, directors, employees, agents, representatives, trustees, insurers, successors and assigns (the “Releasees”) for costs, fees, claims, or expenses incurred by South Frontenac that arise out of or relate in any way to any refusal, cessation, disruption or failure to facilitate South Frontenac’s use of the Application.
4.9
South Frontenac hereby acknowledges that Kingston may provide the Application or the Application vendor with to access information, including but not limited to confidential information and Personal Information, regarding emergency calls directed to South Frontenac’s emergency services and received by Kingston (in accordance with this Agreement) as may be necessary to facilitate South Frontenac’s use of the Application.
4.10 South Frontenac hereby forever releases the Releasees from all liability or responsibility whatsoever for personal injury, property damage or wrongful death however caused, including, but not limited to, the gross negligence or negligence of the Releasees in facilitating South Frontenac’s use of the Application. The Releasees will not be liable to South Frontenac or anyone claiming by, through or under South Frontenac, or to any third party for any loss, cost, damages, injury, 5 of 14
liability, claim, penalty, fine, interest or cause of action whatsoever resulting Page 27 of 340 howsoever from any act or omission (including negligence, gross negligence, or misconduct) on the part of the Releasees in the facilitation of South Frontenac’s use of the Application. 4.11 South Frontenac shall indemnify and save harmless the Releasees from and against any loss, cost, damages, injury, liability, claim, penalty, fine, interest or cause of action whatsoever (including reasonable legal expenses) resulting howsoever from any act or omission (including negligence, gross negligence, or misconduct) on the part of the Releasees in the facilitation of South Frontenac’s use of the Application. 5.
PAYMENT
5.1 South Frontenac shall pay Kingston for the Services rendered during the Term as follows: 5.1.1 Subject to section 5.1.2, South Frontenac shall pay Kingston an annual fee of $35,600 (the “Annual Fee”) plus applicable HST. 5.1.2 The Annual Fee shall be adjusted annually for inflation on January 1st, commencing on January 1st, 2020, as established by Statistics Canada’s Consumer Price Index for Ontario on the previous October 1st. 5.1.3 South Frontenac shall pay the Annual Fee by four equal installments for Services rendered in the preceding calendar quarter (the “Quarterly Payment”) on or before the last day of March, June, September and December (the “Payment Dates”). 5.1.4 In the event that this Amended and Restated Agreement terminates on a date other than the end of a calendar quarter, then South Frontenac shall pay the Quarterly Payment for Services rendered during such partial calendar quarter but the Quarterly Payment shall be prorated based on the actual number of days remaining in the calendar quarter after the termination date and shall be payable on the next Payment Date. 5.2
South Frontenac shall pay the cost of all connections to Kingston’s radio or telephone services required in order for Kingston to provide the Services, including necessary business lines, utilizing Kingston’s emergency telephone numbers.
5.3
South Frontenac shall reimburse Kingston for all reasonable costs incurred in connection with the attendance by any of Kingston’s staff, agents, employees or contractors at a hearing of any court or tribunal as a witness or otherwise where such attendance is required due to his or her involvement in the provision of the Services hereunder.
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6.
OBLIGATIONS OF SOUTH FRONTENAC
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6.1 In addition to its payment obligations set out in section 5 above, South Frontenac shall also: 6.1.1 ensure that its staff, agents, employees or contractors at all times adhere to any radio procedures as may be established by Kingston from time to time. 6.1.2 provide Kingston on a continuous basis all mapping information required for Kingston to provide the Services to South Frontenac, including but not limited to maps, hydrant locations, water main information, assessment data, and any and all other pertinent data (the “Mapping Information”). South Frontenac shall provide Kingston with updated Mapping Information, at minimum, on a quarterly basis in the months of March, June, September and December. In addition to and without limiting the foregoing: 6.1.2.1South Frontenac shall provide the Mapping Information to Kingston in a format compliant with the standards requested by Kingston; 6.1.2.2South Frontenac shall provide the Mapping Information, including updates thereto, to Kingston in a timely manner and shall forthwith notify Kingston of any changes to the names of existing roads or mapping errors or inaccuracies which South Frontenac discovers; 6.1.2.3South Frontenac hereby releases, indemnifies and saves harmless Kingston, including its employees, officers, servants, agents and assigns from any and all claims, actions, suits or demands for any liability, including without limitation, personal injury (including injury causing death), property damage, economic and consequential losses (direct, indirect or incidental), exemplary or punitive damages whether in contract, tort or otherwise, or any other claims or expenses in any manner resulting directly or indirectly from any errors, modifications, or inaccuracies in the Mapping Information.
MUTUAL COVENANTS
7.1
The Parties mutually covenant and agree that: 7.1.1 Kingston is not required to provide any fire protection services to South Frontenac except as expressly specified in this Amended and Restated Agreement and in particular Kingston is not required to provide any initial or supplemental response to fires, rescues or emergencies in the Service Area.
LIMITATION OF LIABILITY, INDEMNITY & INSURANCE
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8.1
Page 29 of 340 In no event are the Releasees liable under any circumstances whatsoever for any loss or damage due to personal injury (including injury resulting in death) or property damage or other injury to any person for any claim, demand or action against one or more of Kingston or South Frontenac or any of their Mayors, Councillors, officers, directors, employees, agents, representatives, whether the liability, loss or damages arise in contract or tort or any other theory of liability, even if Kingston was expressly advised of the possibility of such damages, save and except for claims which arise from the negligence of Kingston in providing the Services. In no event is Kingston’s total liability for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) to exceed the amount specifically paid to Kingston hereunder.
8.2
South Frontenac hereby releases, indemnifies and completely saves harmless the Releasees from and against any and all claims, causes of action, demands, losses, costs, charges, fees, expenses, duties, dues, accounts, covenants, or other proceedings of every kind or nature whatsoever at law or in equity brought against, suffered by or imposed which arise out of or is related to the provision of the Services under this Amended and Restated Agreement or in respect of any loss, damage or injury to any person or property, including injury resulting in death, save and except for those caused by the negligence of Kingston.
8.3
South Frontenac shall, at its own expense, obtain and maintain during the Term and provide Kingston acceptable evidence of the following policies of insurance coverage: 8.3.1 Commercial General Liability Insurance (the “CGL”) on an occurrence basis insuring against damage or injury to persons or property with a limit of not less than $10 million dollars per occurrence or such greater amount that Kingston may from time to time request or reasonable require or both. The CGL shall: 8.3.1.1include Kingston as an additional insured; 8.3.1.2contain a cross-liability clause; 8.3.1.3contain a severability of interests clause endorsement; 8.3.1.4contain a provision that, if cancelled or changed in any manner that would affect the Parties as outlined in the coverage specified, the insurer shall provide thirty days prior written notice by mail or facsimile transmission to the Parties. 8.4.2 South Frontenac shall provide proof of insurance by way of certificate of insurance in a form satisfactory to Kingston each year or ten days prior to renewal of the policy.
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8.4.3 In addition to and without limiting any proof of insurance requirementsPage in 30 of 340 the Amended and Restated Agreement, at any time requested by Kingston, South Frontenac shall provide Kingston with proof of insurance. South Frontenac further agrees that it shall not change, amend or cancel the insurance policies required by this Amended and Restated Agreement without the prior written consent of Kingston. 9.
TERM AND TERMINATION
9.1
This Amended and Restated Agreement shall be ongoing and either Party may terminate this Amended and Restated Agreement at any time upon providing ninety days written notice to the other Party.
9.2
In the event of termination of this Amended and Restated Agreement, South Frontenac shall pay any monies owing to Kingston for Services rendered in accordance with section 3 of this Amended and Restated Agreement.
INFORMATION REQUEST
10.1 Any request for information under this Amended and Restated Agreement shall follow the following process: 10.1.1 The requesting Party shall use the form set out in Schedule A to this Amended and Restated Agreement and shall provide a copy of such form to South Frontenac’s Fire Chief or to Kingston’s Office of the Fire Chief in accordance with section 11. 10.1.2 Requests for information shall include, as appropriate, the date and time of the relevant incident, the address of the relevant incident, the incident number, and the details of the incident. 10.2 When South Frontenac or Kingston receives a request for information in accordance with this section, the receiving Party shall provide a letter of acknowledgement to the requesting Party within five business days. 10.3 Following receipt of a request for information in accordance with this section, South Frontenac’s Fire Chief and Kingston’s Office of the Fire Chief shall within seven business days convene a meeting to discuss and, where appropriate, attempt to resolve the issue. 10.4 Should the Parties resolve the issue, the requesting Party shall provide the receiving Party with a letter confirming that the issue has been resolved. 11.
NOTICE
11.1 Any notice, request, demand, consent, approval, correspondence, report or other communication required pursuant to or permitted under this Amended and 9 of 14
Page Restated Agreement must be in writing and must be given by personal delivery or 31 of 340 transmitted by fax, email or other electronic medium that provides a hard copy or be sent by first class mail, postage or charges prepaid, and addressed to the Party to whom it is intended at its address as set out below: To South Frontenac: The Corporation of The Township Of South Frontenac Attention: Fire Chief Township of South Frontenac P.O. Box 100 Sydenham, ON K0H 2T0 To Kingston: The Corporation of The City of Kingston Attention: Office of the Fire Chief Kingston Fire & Rescue 500 O’Connor Drive Kingston, ON K7P 1N3 11.2 Any such notice shall be deemed to be received, if personally delivered or sent by fax, email or other electronic medium, on the day it is sent and, if such notice is sent by first class mail, it shall be deemed to have been received five days after the date of mailing.
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Page 32 of 340 12.
FURTHER ASSURANCES
12.1 Kingston and South Frontenac agree to sign all such documents and do all such things as may be necessary or desirable to more completely and effectively carry out the terms and intention of this Amended and Restated Agreement. 13.
COMPLIANCE WITH LAW AND CONFIDENTIALITY
13.1 The Parties agree that they shall each perform their responsibilities hereunder in compliance with all applicable laws, including all laws pertaining to the protection of personal information about individuals and individuals’ access to personal information about themselves. 13.2 Without limiting the generality of the foregoing, the Parties acknowledge that the activities and deliverables resulting from this Amended and Restated Agreement must be undertaken and provided in accordance with the Human Rights Code, R.S.O. 1990, c. H.19 and other applicable human rights law. Accordingly, the Party contracting with Kingston through this Amended and Restated Agreement shall not refuse to employ or otherwise discriminate in any manner against any person because of that person’s race, ancestry, place of origin, colour, ethnic origin, religion, age, sex, sexual orientation, gender identity, gender expression, marital status, disability, conviction for which a pardon has been granted, family status, or the receipt of public assistance or otherwise infringe upon the protected human rights of any person on a prohibited ground. 14.
ENTIRE AGREEMENT
14.1 This Amended and Restated Agreement contains the entire agreement between the Parties and supersedes any previous agreement in writing or otherwise made between the Parties hereto with respect to the subject matter hereof. 14.2 The Parties acknowledge that there are no representations, warranties or other agreements between the Parties in connection with the subject matter of this Amended and Restated Agreement except as specifically set out in this Amended and Restated Agreement and that no Party has been induced to enter into this Amended and Restated Agreement in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent that it has been reduced to writing and included as a term of this Amended and Restated Agreement. 14.3 This Amended and Restated Agreement includes the provisions of this Amended and Restated Agreement and each of its Schedules, all of which shall be read together in the forming of this Amended and Restated Agreement. In the event 11 of 14
Page 33 of 340 there is a conflict between the provisions of this Amended and Restated Agreement and its Schedules, the provisions of this Amended and Restated Agreement shall prevail. 15.
TIME IS OF THE ESSENCE
15.1
Time shall be of the essence of this Amended and Restated Agreement.
SEVERABILITY
16.1 If any provision of this Amended and Restated Agreement is invalid or unenforceable, it shall be severed from the Amended and Restated Agreement without affecting the validity or enforceability of the remaining portions of this Amended and Restated Agreement. 17.
BINDING EFFECT
17.1 This Amended and Restated Agreement shall enure to the benefit of and be binding upon the respective successors and permitted assigns of the Parties hereto.
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Page 34 of 340 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals as duly attested to by the hands of their proper signing officers authorized in that behalf.
SIGNED, SEALED AND DELIVERED in the presence of:
THE CORPORATION OF THE CITY OF KINGSTON Per:
Bryan Paterson, Mayor
John Bolognone, City Clerk
I/we have the Authority to Bind the Corporation
THE CORPORATION OF OFSOUTH FRONTENAC Per:
THE
TOWNSHIP
Name: Position:
Name: Position:
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Page 35 of 340
Schedule “A” Frontenac, Lennox & Addington Kingston Regional Communications Center Information Request or Dispute Resolution Form
Please complete the form below. All fields are required to be filled out. Be specific when completing the Information Requested or Dispute. Email completed form to the City of Kingston’s Office of the Fire Chief
Date of Incident:
Time of Incident:
Incident No:
Address of Incident:________________________________________________ Type of Request Information Dispute Resolution
Person Making the Request: Date: Contact Email Address: Contact Phone Number Date Request was Received:___________________________________________
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Page 36 of 340
REPORT TO COUNCIL TREASURY DEPARTMENT
AGENDA DATE:
April 14th, 2020
SUBJECT:
Arena Financials Update
RECOMMENDATION: That Council support moving the due date of the arena loan from January 31, 2020 to December 31, 2020, and; That an increase to the 2020 arena levy in the amount of $67,981 be funded out of Working Funds should the overall operating financial position of the Township as of December 31, 2020 not provide a surplus to fund the variance. BACKGROUND: Arena loan In 2019, the Township provided a loan of $50,000 to the arena to bridge their cash flow as they purchased an ice resurfacer. The loan repayment was extended to January 31, 2020 as the arena had unexpected maintenance and repairs to major pieces of equipment. In conversation with the arena manager, it is recommended that this date be further extended to December 31, 2020 to help with their cash flow as the arena will be undertaking a significant capital project in 2020. Arena levy In the 2020 budget, an amount of $117,762 was included as the levy from the arena. This figure was a preliminary number provided by the arena at the time of our budgeting. The arena board has since approved the 2020 budget with an approved final levy of $180,743, an increase of $67,981 over the initial estimate. This increase is driven from a deficit in 2019 of $41,010 (SF share $24,196), adjustments to operating revenues and expenses, as well an increase in capital, due to unanticipated projects which required immediate attention in the first quarter of 2020. Those additional capital projects included an exterior roll up door and the replacement of hot water tanks. The revised levy amount anticipates a successful application to the ICIP grant program for the required refrigeration capital work. It is recommended that the source of funding for this increase be considered in the context of the Township’s year-end financial position, and be funded out of the Working Funds reserve in December 2020 if a surplus allocation is not available. Schedule and Capital Implications Typically, the arena bills the levy in one amount to the Township but this year it will separate operating and capital. The arena will bill the operating portion as usual in April or May but will wait until late summer to bill the capital component. This will allow them to determine if the ICIP application was successful and to levy both South and Central Frontenac accordingly. The levy amount provided is based on a successful ICIP application. Should the arena be unsuccessful, an additional amount of $145,640 would be required from the Township to fund the capital project. Once we have received confirmation from the ICIP program, a follow up report will be brought forward to Council.
“Natural, Vibrant and Growing – a Progressive Rural Leader”
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REPORT TO COUNCIL TREASURY DEPARTMENT
ATTACHMENTS: None
Prepared by: Louise Fragnito Director of Corporate Services & Treasurer Submitted/approved by: Neil Carbone CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 38 of 340
REPORT TO COUNCIL TREASURY DEPARTMENT
AGENDA DATE:
April 14th, 2020
SUBJECT:
2020 Tax Rate By-law and COVID-19 Financial Measures
RECOMMENDATION: That Council approve By-law 2020-22, to amend By-law 2020-15 to extend the due date for interim taxes to May 31st, 2020; and, That Council approve By-law 2020-21, being the final tax rate by-law, which also incorporates financial measures in relation to COVID-19; and, That Council support the deferrals as itemized in Appendix A to this report. BACKGROUND: Council approved the 2020 budget on December 17th, 2019. A tax rate by-law is included in the agenda and does not typically have a report attached to it but there are changes that have been included with the tax rate by-law to provide some payment deferral and financial support to residents. Typically, the Township processes its final tax bills on June 1st with due dates of June 30th and Sept 30th. The attached by-law provides that the due dates be August 31st and October 30TH instead. I would anticipate that the bills would be sent out in July but at latest they would go out the first week of August. Also within the by-law, language has been added to waive the processing of penalties for the months of May to August 2020. At the March 17th meeting, Council endorsed a revised interim tax rate by-law providing to move the March 31st due date to April 30th. Another by-law amendment is being brought forward to move this date to May 29th. Further, below are other recommended measures to be put in place for the year 2020:
Extend the due date of Community Grants submissions to May 31st with grants being reviewed and approved in June. The submission date is typically March 31st and had already been moved to April 30th. Delay the registration of any tax sale properties for 2020 and capture any properties with 2 or more years of arrears in January 2021 under the normal process under our tax sale policy Offer deferrals on the tax monthly pre-authorized payment plan. This plan typically takes withdrawals from January to October. We would offer that if anyone wants to skip May 1st and June 1st, we would take those deductions on November 1st and December 1st instead. We would request to have this be in writing by April 27th. Notification that if someone wants us to hold a post-dated cheque or wishes to have one returned, they must do so at least 2 days in advance of the cheque date. Offer deferrals for payments under the Community Improvement Plan loans for May and June and extend the end date on the agreements by a period of two months. Moved the due date on Sydenham Water bills from April 30th to May 29TH and July 31st to August 31st.
“Natural, Vibrant and Growing – a Progressive Rural Leader”
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REPORT TO COUNCIL TREASURY DEPARTMENT
Offer deferrals on the Sydenham Water monthly pre-authorized payment plan. This plan typically takes withdrawals over 3 months up to and including the due date. We would allow a one month deferral which would require plan members to pay their October instalment over September and October only. Due Date
Monthly Payments
May 29th (normally April 30th)
February 29th, March 31st and May 29th
August 31st (normally July 31st )
June 30, July 31st and August 31st
October 30th
September 30th and October 30th
Waive the processing of penalties on Sydenham water accounts and transfer of arrears to the tax account until September 1st.
If we do not receive a written request to defer a pre-authorized withdrawal or to hold a cheque, all payments will be processed based on the date of the cheque or the regular pre-authorized payment cycle. ATTACHMENTS:
By-law 2020-21 Tax Rate bylaw including Schedule A & B (under By-law section of Agenda) By-law 2020-22 Interim due date amendment (under By-law section of Agenda) Appendix A – Additional Deferrals
Prepared by: Louise Fragnito Director of Corporate Services & Treasurer Submitted/approved by: Neil Carbone CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 40 of 340 Council Agenda Item #
Township of South Frontenac AGENDA DATE: SUBJECT:
April 14th, 2020 2020 Tax Rate By-law and COVID-19 Financial Measures
Appendix A 2020 Finance Date Deferrals during COVID-19 Pandemic Program
New Date
Community Grants Application submissions
May 31st with grants being reviewed and approved in June.
Change of registration of any tax sale properties for 2020 and any properties with 2 or more years of arrears.
January 2021 under the normal process under our tax sale policy.
Options to defer tax monthly property tax pre-authorized payments
Option to skip May 1st and June 1st; Township would take those deductions on November 1st and December 1st instead
Request to hold a post-dated cheque or to have one returned
Must do so at least 2 days in advance of the cheque date
Options to defer payments under the Community Improvement Plan loans for May and June
Extend the end date on the agreements by a period of two months
Sydenham Water bills due date
Move due dates from April 30th to May 31st and July 31st to August 31st
Options for deferral of Sydenham Water monthly pre-authorized payment plan
Allow a one month deferral of each quarterly payment;
Waive the processing of penalties on Sydenham water accounts and transfer of arrears to the tax account
Until September 1st
Comments The submission date is typically March 31st and had already been moved to April 30th.
Plan typically takes withdrawals from January to October. Request required in writing from ratepayers by April 27th.
This plan typically takes withdrawals over 3 months up to and including the due date.
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Report to Council Development Services - Planning Staff Report to Council Report Date:
March 12, 2020
Application No:
Site Plan Control Application SP-06-19-L
Owner:
Michael McLachlan & Jane Farnan
Location of Property:
Part Lot 8, Concession 7, Being Part 2 on Plan 13R3682, District of Loughborough, Township of South Frontenac, municipally known as 4420 Sills Bay Road, Sydenham Lake Purpose of Application: Site Plan Application – Site Plan Approval for Right-of-Way for the Purpose of Parking and Docking Access for Properties on Kennedy Island, Sydenham Lake Date of Public Meeting: March 17, 2019
Recommendation It is recommended that By-law No. 2020-19 to authorize the Mayor and Clerk to enter into the Site Plan Control Agreement with the owners, Michael McLachlan and Jane Farnan, for a right-of-way for the purpose of providing parking and docking access to provide access to properties on Kennedy Island, Sydenham Lake, be passed.
Purpose of the Report The purpose of this report is to request that Council enter into a Site Plan Control Agreement with Michael McLachlan and Jane Farnan for the purpose of parking access and docking within a right-ofway to provide access to their property on Kennedy Island, Sydenham Lake. Attached to this report is a copy of the site plan control application, site plan drawings of the subject property, site plan control agreement and the by-law authorizing the Mayor and Clerk to enter into the site plan agreement.
Background Michael McLachlan and Jane Farnan submitted an application for consent (S-33-19-L) for the creation of a right-of-way over Part Lot 8, Concession 7, Being Part 2 on Plan 13R3682, District of Loughborough, municipally known as 4420 Sills Bay Road, which received provisional consent from the Committee of Adjustment on February 13, 2020. The proposed right-of-way extends from the existing driveway access on Sills Bay Road, around the north side of the existing cottage, and over an existing gravel driveway down to the waterfront. The site topography is a steep decline towards Sydenham Lake. The site is treed but the proposed right-of-way is clear and maintained as an existing gravel access to the waterfront, approximately 145 m (476 feet) away from the cottage. The proposed right-of-way varies in width from 4 metres (13.1 feet) over the existing driveway and then narrows to 3 metres (9.8 feet) for the remainder until it reaches the bottom of the slope and widens to provide a total of 4 vehicle parking spaces each of 6.0 x 3.1 metres (19.7 x 10.2 feet). The parking area is beyond 15 metres (49.2 feet) from the high water mark, as required by Section 5.25.2 of the Zoning By-law. The effect of the consent application is to create a right-of-way with access from Sills Bay Road that will provide legal deeded access to a parcel on Kennedy Island, which is also owned by the applicants. The site plan application was received on December 23, 2019 and has been reviewed by Township Planning Staff.
Discussion
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Report to Council Development Services - Planning The property on Kennedy Island is only accessible by water and has no formalized mainland access. The applicants, Michael McLachlan and Jane Farnan, are establishing a permanent mainland access for their water access property on Kennedy Island. The applicants also own the property on which the mainland parking and docking facilities are proposed on at 4420 Sills Bay Road. As per Section 5.7.7(iii)(d) of the Official Plan for Water Access Lots, there is the requirement that mooring facilities on the mainland are available to permit parking of automobiles and shall be owned and tied in perpetuity to the water access only lot and be zoned for parking and docking facilities only. Section 5.25.5 of Zoning By-law 2003-75 states that no building permit shall be issued for any lot whose only access is by means of a navigable waterway, unless adequate vehicular parking/boat docking is provided on the mainland. The reason the applicants are seeking the consent to pursue this right-of-way and this site plan approval is to satisfy the requirements of the Official Plan and Zoning By-law.
Agency Analysis and Comments The Cataraqui Region Conservation Authority (CRCA) reviewed Consent Application S-33-19-L and provided comments. The CRCA comments have been incorporated into the Site Plan Control Agreement and Site Plan Drawings. According to CRCA mapping, 4420 Sills Bay Road is adjacent to the Eel’s Bay Provincially Significant Wetland (PSW), however, it is noted that the proposed parking area appears to be over an area that has been previously disturbed at a distance of approximately 20 metres (65.6 feet) from the shoreline and therefore, CRCA was supportive of the application in principal. If further development is proposed beyond the scope of this application, CRCA is of the opinion that an Environmental Impact Assessment must be completed by a qualified environmental consultant. CRCA staff have no concerns with the application, but any future development within 120 metres (394 feet) of the shoreline/PSW a permit will be required under O.Reg. 148/06. The Planning Department is satisfied that the site plan drawings and agreement meet the requirements of the Zoning By-law for the property located in the Residential Limited Service Waterfront (RLSW) Zone. KFL&A Public Health were not required to be circulated this proposal as no dwelling is permitted to be constructed on the property and both the proposed right-of way over an existing gravel lane and the area for parking and docking are located away from the septic system on the subject property.
Attachments:
- Location Map
- Site Plan Application
- Site Plan Drawing
- Site Plan By-law 2020-19 (under By-law section of Agenda)
- Site Plan Control Agreement (under By-law section of Agenda)
Submitted by: Tess Gilchrist, MCIP RPP, Contract Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Approved by: Neil Carbone, CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader” 2
Inset Map Sydenham Lake
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S-33-19-L McLachlan & Farnan 4420 SILLS BAY RD
Legend
Subject Property Proposed Right of Way (ROW) Sydenham Lake
Parcel Fabric River / Stream Provincially Significant Wetlands
Waterbodies
Water Area, Permanent Wetland Area, Permanent
While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Scale 1:1,400
0 5 10
µ
20 Meters
30
UTM Projection NAD 83
40
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Sills Bay Rd
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.
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REPORT TO COUNCIL Development Services - Planning
Deeming By-law Report Date:
April 7, 2020
Application No: Owner:
D-01-20-P David and Gail Jefferies
Location of Property:
1020 Deer Park Lane, Lot 7, Plan 1937, District of Loughborough, and Block 17, Plan 1938, District of Portland, Fourteen Island Lake, Township of South Frontenac Purpose of Application: Deem Lot 7, Plan 1937 and Block 17, Plan 1938 not to be lots in a plan of subdivision for the purpose of applying 50(3) of the Planning Act.
Recommendation It is recommended that the by-law deeming properties described as Lot 7, Plan 1937, District of Loughborough, and Block 17, Plan 1938, District of Portland, Fourteen Island Lake, Township of South Frontenac not to be lots in a plan of subdivision, be passed.
Proposal The property owners are requesting Council pass a by-law to deem the 2 parcels that comprise their property addressed as 1020 Deer Park Lane not to be lots in a plan of subdivision, such that it results in having the two parcels join together to provide access for the waterfront parcel to the private lane. Currently, because the two parcels that comprise the property are lots in a plan of subdivision, part lot control (Section 50(3) of the Planning Act) prevents these parcels from merging, even when they are held in the same ownership. Passing a deeming by-law and registering it on the title of the two parcels that comprise 1020 Deer Park Lane means that they will no longer be treated as lots in a plan of subdivision and when registered in the same name, they will merge into one large property.
Background The property addressed as 1020 Deer Park Lane is comprised of 2 parcels (see attached map): Parcel 1:
Plan 1938 BLK 17, Fourteen Island Lake. It is 8.27 acres in size. This parcel is zoned Limited Services Residential (RLS). This parcel fronts onto Deer Park Lane but has no access to water. The only structure on this parcel is a garage accessory to the existing residential use on the waterfront parcel (Parcel 2).
Parcel 2:
Plan 1937, LOT 7, Fourteen Island Lake. It is 7.79 acres in size. This parcel is zoned Limited Services Residential - Waterfront (RLSW-27). This parcel has water access to Fourteen Island Lake. It contains a residence and garage. Parcel 2 parcel relies on Parcel 1 (Block 17, Plan 1938) for access to Deer Park Lane with the driveway accessing the residence on Parcel 2 extending over Parcel 1 to access the private lane.
The two parcels that comprise the subject property were both created by plans of subdivision. Plan 1938 was a plan of subdivision that was created in the Township of Loughborough prior to amalgamation. Plan 1937 was created in Portland Township at the same time as Plan 1938. The 2 parcels have separate roll numbers and have been assessed separately – but have historically operated as one property.
“Natural, Vibrant and Growing – a Progressive Rural Leader” 1
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REPORT TO COUNCIL Development Services - Planning
At present there is a zoning conformity issue with an accessory building in the absence of a main building located on Parcel 1. Parcel 2 also relies on a driveway that crosses Parcel 1 to obtain access to Deer Park Lane. In order to issue permits for the structures that have been constructed on Parcel 2 (the waterfront parcel), the owners have to demonstrate that they have legal access over Parcel 1 in order to obtain access to the private lane. While Parcel 2 does have a small portion of frontage on Deer Park Lane, there are topographical constraints that make putting a driveway over that portion of the lot not feasible. There are 2 ways to establish legal access for Parcel 2 to the lane. The first is to register a right of way over Parcel 1 in favour of Parcel 2. The second option, is to merge the two parcels together so the lands are treated as one large property. As the property is comprised of two lots in a plan of subdivision the way to merge these parcels is to have Council pass a deeming by-law. In discussion with the property owners, merging the lands is the best option because it not only resolves the access issue, but it also resolves the zoning conformity issue of the accessory building on Parcel 1 with no dwelling. The merging of the properties means that the accessory building on Parcel 1 would be accessory to the dwelling located on Parcel 2. Merging the 2 parcels, which have historically been used as one large property, give both water frontage and frontage onto Deer Park Lane.
Authority to Pass Deeming By-law Unlike many types of planning applications, the Planning Act gives Council the authority to pass a deeming by-law without the requirement to notify neighbours or to hold a public meeting. There is no appeal period that applies to a deeming by-law. Passing a by-law to deem the 2 parts that comprise the Jefferies’ property not to be part of a plan of subdivision effectively will cause the two portions of the property to merge upon registration of the bylaw. Once the property has been deemed, it can be treated as one large property for the application of the zoning by-law and for issuance of a building permit.
Summary Facilitating the merging of the two parcels resolves several outstanding zoning conformity and access issues for the current owners. It is recommended Council approve this application by passing the attached by-law. Submitted/Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: January 28, 2020 Attachments:
- Deeming By-law - 2020-20
- Location Map – 1020 Deer Park Lane Approved by: Neil Carbone CAO “Natural, Vibrant and Growing – a Progressive Rural Leader” 2
1020 Deer Park Lane - Comprised of 2 Parcels
Legend Assessment Parcels Citations
0.5
WGS_1984_Web_Mercator_Auxiliary_Sphere © Latitude Geographics Group Ltd.
0
0.23
0.5 Kilometers
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
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1: 9,028
Parcel 1 & 2 are addressed as 1020 Deer Park Lane. Parcel 1 is Block 17, Plan 1938 & Parcel 2 is Lot 7, Plan 1937
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REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE:
April 14, 2020
REPORT DATE:
April 06, 2020
SUBJECT:
Cash-in-Lieu of Parkland for Shield Shores Plan of Condominium, 10T-2016-001
RECOMMENDATION: THAT Council accept the amount of $20,000 as the cash-in-lieu of parkland payment for the Shield Shores Plan of Condominium, 10CD-2016-001. BACKGROUND: The Shield Shores Plan of Condominium was approved by the County of Frontenac on May 15, 2019. The developer, Mr. Barry Campbell, has been working with Township and County staff since 2019 to fulfill conditions of draft plan of condominium. Shield Shores plan of condominium proposes to create 18 residential units which are accessed by a private lane. Each dwelling is proposed to be serviced by a private well and septic system. The lands are described as Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac. A condition of draft plan approval is that the developer is to pay the Township 5% cash-in-lieu of parkland in accordance with the Township Cash-in-Lieu of Parkland Policy, By-law 2017-16. In accordance with the cash-in-lieu of parkland policy, the developer requested the Township to undertake an appraisal of the land which comprises the Shield Shores development. The Township had the property appraised by M.W Cotman & Associates, a Township selected certified appraiser. This appraisal has been submitted to the Township (see attachment 1) and has been reviewed by the developer, Mr. Barry Campbell. ANALYSIS/DISCUSSION: The valuation has been prepared in accordance with section 51.1 (4) of the Planning Act. This section of the Act establishes that the value of land considered for cash-inlieu of parkland calculations is based on the value on the day before the day approval was given to the draft plan of subdivision. As such, the date for valuation is May 14, 2019 for the Shield Shores Plan of Condominium. The value of the lands has been appraised at $400,000. Based on this valuation, the cash-in-lieu of parkland amount for the Shield Shores 18 residential unit Plan of Condominium is calculated at 5% of the value of the land. As such, the cash-in-lieu of parkland value for Shield Shores is established below: $400,000 *5% = $20,000 cash-in-lieu of parkland for Shield Shores Consistent with the Township Cash-in-Lieu of Parkland Policy, the valuation of cashin-lieu of parkland shall be brought to Council for a final determination of the value of the land. Natural, Vibrant and Growing – a Progressive Rural Leader 1
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REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT
The developer, Mr. Barry Campbell, has reviewed the appraisal and has agreed with the valuation of the property prepared by the Township appraiser and the payment of cash-in-lieu of parkland in the amount of $20,000 to be paid in accordance with terms that will be established in the condominium agreement with the Township. Once Council approves the final valuation of the land, the value of cash-in-lieu of parkland will be included in the updated condominium agreement for the development. FINANCIAL/STAFFING IMPLICATIONS: This cash-in-lieu of parkland payment will be deposited into the Township Parkland Reserve Fund. ATTACHMENTS: Attachment 1 - Appraisal of Shield Shores Plan of Condominium & Addendum Prepared by: Claire Dodds, Director of Development Services Submitted/approved by: Neil Carbone, CAO
Natural, Vibrant and Growing – a Progressive Rural Leader 2
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APPRAISAL REPORT As to the Market Value of the Property Situated at 1918 Wellington Street, Dog Lake, Battersea South Frontenac, Ontario 14 May 2019
Prepared By:
REAL ESTATE APPRAISERS & CONSULTANTS 1035 Len Birchall Way, Norman Rogers Airport Kingston, ON K7M 8Z9 Telephone: (613) 634-2223 Facsimile: (613) 634-2212
C-22191
M.W. COTMAN & ASSOCIATES Inc. REAL ESTATE APPRAISERS & CONSULTANTS
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1918 Wellington Street Battersea, Ontario Fil No. C-22091
AERIAL IMAGERY
M.W. COTMAN & ASSOCIATES Inc. REAL ESTATE APPRAISERS & CONSULTANTS
Page 60 of 340 Telephone: (613) 634-2223 Facsimile: (613) 634-2212
REAL ESTATE APPRAISERS & CONSULTANTS
1035 Len Birchall Way, Norman Rogers Airport, Kingston, Ontario, K7M 8Z9
25 February 2020 Township of South Frontenac Box 100 Sydenham, Ontario K0H 2T0 Attention:
Re:
Claire Dodds, Director of Development Services, MCIP, RPP
Appraisal Report as to the Market Value of the Property Situated at 1918 Wellington Street, Dog Lake, Battersea, South Frontenac, Ontario
In accordance with your request, we have completed the necessary investigations in order to provide you with an estimate as to the market value of the above referenced property. The purpose of this report is to estimate the Market Value of the subject property as at 14 May 2019, the day prior to Draft Plan Approval for a proposed land condominium development on the subject property. The subject property was inspected on 19 February 2020 for the purpose of this report. I have personally inspected the subject property and analyzed all available information considered pertinent to the valuation thereof. Based on this inspection and analysis, the Market Value of the subject property, as at the specified date, is estimated to be: FOUR HUNDRED THOUSAND DOLLARS ($400,000) “As At” 14 May 2019 – The Day Prior to Draft Plan Approval “As If” Vacant and Unimproved This appraisal contains a total of 107 pages, being 34 pages of the text of the report proper together with sketches, photographs and an Addenda of five Schedules comprising an additional 73 pages in support of my findings.
Respectfully Submitted, M.W. COTMAN & ASSOCIATES INC.
DRAFT MWC/cm
Michael W. Cotman, AACI, P.App
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TABLE OF CONTENTS Page Title Page
1
Aerial Imagery
2
Letter of Transmittal
3 PART 1 – PREFACE
Summary of Salient Facts and Important Conclusions
5
Definition of the Appraisal Assignment
6
Contingent or Limiting Conditions
12
Market Overview - General
15
Neighbourhood Description
17
Property Description
22
Assessment and Taxes
25
Official Plan
25
Zoning
25 PART II – ANALYSIS AND CONCLUSIONS
Highest and Best Use
26
Approaches to Value
28
Direct Comparison Approach
29
Reconciliation and Final Estimate of Value
33
Certification
34 PART III – ADDENDA
Schedule A – Plans, Sketches and Photographs of the Subject Property
35
Schedule B – Excerpts from Official Plan and Zoning By-Law
45
Schedule C – Mapping and Details of Adjacent Parcels
67
Schedule D – Comparable Market Data
77
Schedule E – Regional and Economic Analysis
100
M.W. COTMAN & ASSOCIATES Inc. REAL ESTATE APPRAISERS & CONSULTANTS
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SUMMARY OF SALIENT FACTS AND IMPORTANT CONCLUSIONS TYPE OF PROPERTY
Rural Waterfront Acreage Parcel
ADDRESS OF PROPERTY
1918 Wellington Street Battersea, Ontario
EFFECTIVE DATE OF APPRAISAL
14 May 2019
LEGAL DESCRIPTION
Part Lots 15 to 17 Concession 9 Former Township of Storrington Municipality of South Frontenac Township As detailed on page 7 Part of PIN 36288 1395
SITE DIMENSIONS
Frontage Depth
Dog Lake Wellington Street West North
Total Site Area
- East
- South
2415± ft. 390± ft. 2553± ft. 2575± ft. 82.68 Acres
OFFICIAL PLAN
“Rural”
ZONING
“RU” – Rural
HIGHEST AND BEST USE
As the Site for Development of a Land Condominium as Proposed or for Development Through a Conventional Plan of Subdivision
FINAL ESTIMATE OF MARKET VALUE
Day Prior to Draft Plan Approval “As If” Vacant and Unimproved
$400,000
M.W. COTMAN & ASSOCIATES Inc. REAL ESTATE APPRAISERS & CONSULTANTS
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DEFINITION OF THE APPRAISAL ASSIGNMENT Purpose of the Appraisal The purpose of this appraisal is to estimate the market value of the subject property as at 14 May 2019 the day prior to Draft Plan Approval as discussed below. The subject property was inspected on 19 February 2020 for the purpose of this report. Intended Use of the Appraisal The function of this report is to provide a narrative valuation in order to assist in deliberations with respect to the calculation of cash-in-lieu of parkland dedication for the development as proposed. Extraordinary Assumption and Limiting Conditions The subject of this report is an 82.68-acre vacant waterfront parcel. It currently exists as part of a larger 87.68-acre parcel identified as PIN 36288 1395. Draft Plan Approval for an 18 Lot land condominium development was achieved on 15 May 2019. This development will cover 82.68 acres of the larger 87.68 acre holding with the remaining 5 acres being retained lands which will not form part of the development. Furthermore, a house has recently been constructed and development of significant infrastructure of roadways under construction is underway on the subject property. Mapping illustrating various aspects of the proposed development are included in Schedule “A” in the Addenda of this report. NOTE:
All value estimates as set out herein are made as at 14 May 2019, the day prior to Draft Plan Approval and include no allowance for the retained 5 acres which do not form part of the proposed development, or for property improvements including the house and road infrastructures.
Effective Date of Appraisal The effective date of this appraisal, the date as of which the value estimates apply, is 14 May 2019. The subject property was inspected on 19 February 2020 for the purpose of this report.
M.W. COTMAN & ASSOCIATES Inc. REAL ESTATE APPRAISERS & CONSULTANTS
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Scope of the Appraisal The appraisal assignment has been discussed and defined with the client. Furthermore, the work required to solve the problem has been planned and the necessary market data acquired, analyzed, and reconciled into estimates of market value. The sales history of the subject property as presented is based on the Geowarehouse records and on details discussed below. A complete registry office search was not provided or completed for the purpose of this assignment. Accordingly, easements or encroachments which might affect the value estimates might be discovered if a complete title search was to be completed. Information with respect to the subject property was obtained through inspection of the property, on general details as provided by Claire Dodds of South Frontenac Township and on discussions with Barry Campbell, the owner of the subject property. Site dimensions are based on Survey Plans 13R 19294, and 13R 21309, excerpts of which are included in Schedule “A” in the Addenda of this report. We were requested by Claire Dodds of South Frontenac Township to complete this assignment. Ms. Dodds provided us with initial general information on the subject property. We were unaccompanied during our inspection of the subject property on 19 February 2020. Photography contained herein was taken during that inspection. Sources of information for sales comparables include real estate listing and sales information, registry office data, Teranet data, data from our appraisal files and discussions with municipal officials. Data on all of the comparables has not necessarily been personally verified. Legal Description
Municipal Address
Part Lots 15 to 17 Concession 9 Former Township of Storrington Municipality of South Frontenac Township Part of PIN 36288 1395
1918 Wellington Street Battersea, Ontario
Shown as Parts 1 to 6 on Plan 13R 19294 Save and Except Part 1 Plan 13R 21309 Subject to a Right-of-Way Over Parts 2 and 3 As Shown on Plan 13R 19294
M.W. COTMAN & ASSOCIATES Inc. REAL ESTATE APPRAISERS & CONSULTANTS
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Ownership and Present Use The subject property, together with other land, was transferred to the current registered owner, Barry Keith Campbell on 23 January 2015. This transaction was reflective of an 87.68 acre parcel identified as PIN 36288 1395. Consideration is shown to have been $330,000. A copy of the realtor listing of the larger parcel from 2015 is included as the following page of this report. As previously set out, the subject of this report is an 82.68-acre parcel which currently exists as part of the larger 87.68 acre holding. Draft Plan Approval for an 18-lot land condominium was achieved on 15 May 2019 on the 82.68-acre parcel. The remaining 5 acres will be retained by the owner and do not form part of the lands which are the subject of this report, or, of the proposed development. Subsequent to acquisition in 2015 a new house was constructed on the shoreline. Presumably the house is owner occupied. Also, significant road infrastructure has been developed to facilitate the condominium development as proposed. The contributory value of these improvements are not reflected in this report. Property Rights Appraised The property rights appraised in this report are those of the Fee Simple Estate, a freehold estate subject only to the limitations of expropriation, zoning and taxation. Encumbrances A complete title search of this property has not been completed nor provided and, except as otherwise noted, for the purpose of this appraisal, the property is considered to be free and clear of any easements, mortgages or other encumbrances which would have any significant effect on Market Value.
M.W. COTMAN & ASSOCIATES Inc. REAL ESTATE APPRAISERS & CONSULTANTS
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M.W. COTMAN & ASSOCIATES Inc. REAL ESTATE APPRAISERS & CONSULTANTS
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Easements / Rights-of-Way Several rights-of-way and easements have been established over the subject property. I)
Rights-of-Way in favour of two waterfront parcels adjacent to the east limit of the subject property which are improved with houses have been established over a driveway / lane which runs north-easterly across the site from Wellington Street. It is described as Parts 2 and 3 on Plan 13R 19294. An excerpt from Plan 13R 19294 illustrating the size and shape of the right-of-way area is included in Schedule “A” in the Addenda of this Report.
II)
A hydro pole line crosses several sections of the easterly portion of the subject property. The locations of these lines are illustrated on Plan 13R 19294 in Schedule “A”. It is presumed that easements have been established to support this pole line.
Definition of Market Value Market Value is currently defined by the Appraisal Institute of Canada as being: “The most probable price which a property should bring in a competitive market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus”. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1.
Buyer and seller are typically motivated;
Both parties are well informed or well advised, and acting in what they consider their best interests;
A reasonable time is allowed for exposure in the open market;
Payment is made in terms of cash in Canadian dollars or in terms of financial arrangements comparable thereto; and
The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.
M.W. COTMAN & ASSOCIATES Inc. REAL ESTATE APPRAISERS & CONSULTANTS
Page 68 of 340 11
Exposure Time Exposure time is defined as being: The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. It should be noted that exposure time is different for various types of real estate and under various market conditions and that it is always presumed to precede the effective date of the appraisal. The reasonable exposure period is a function of price, time and use, not an isolated estimate of time alone. As an example, a property could have been on the market for two years at a price of $1,000,000 that informed market participants considered unreasonable. Then, the owner lowers the price to $800,000 and starts to receive offers, culminating in a transaction at $600,000 six months later. While the actual exposure time was 2.5 years, the reasonable exposure time at a value range of $600,000 to $800,000 would be six months. Value estimates as set out in this report are considered to reflect an exposure period of approximately 2 to 4 months which is considered to have been typical and adequate in February 2018. Marketing Time Marketing time is defined as being: The amount of time it might take to sell a property interest in real estate at the concluded market value level during the period immediately “after” the effective date of an appraisal. If competitively marketed, it is concluded that a range of approximately 2 to 4 months exposure time, from the Effective Date of Valuation, would have been required to sell the Subject Property at the appraised Market Value. This is based upon activity of comparable properties and market conditions within the immediate area as at the Effective Date of Valuation in February 2018. It is predicated upon the assumption that Market Value for similar product did not decline within this timeframe and that a professional marketing program was adopted.
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Page 69 of 340 12
CONTINGENT OR LIMITING CONDITIONS This appraisal is made expressly subject to the conditions and assumptions as follows: 1.
This report is prepared at the request of Claire Dodds of South Frontenac Township, to provide a Narrative Appraisal Report to assist in deliberations with respect to the calculation of cash payable in lieu of parkland dedication for the development proposed on the subject property. It is not reasonable for any other party to rely upon this appraisal without first obtaining written authorization from South Frontenac Township, and from this appraiser. There may be qualifications, assumptions or limiting conditions in addition to those set out below relevant to that person’s identity or his intended use. The report is prepared on the assumption that no other person will rely on it for any other purpose and that all liability to all such persons is denied.
This report is prepared for the sole use of the client for whom it has been prepared and in that use the report must not be extracted but used in its entirety. It is possible that a reader of only portions of this report might misinterpret the information provided, especially if these contingent or limiting conditions were not included in the excerpted portions. The appraiser is not responsible for unauthorized use of this report.
This Report is intended to comply with the reporting requirements set forth under the Canadian Uniform Standards of Professional Appraisal Practice. The information contained in this report this report is specific to the needs of the clients and for the intended use stated in this report. Some additional supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser’s file.
This report does not constitute an opinion as to title or any other legal matters, including the interpretation of official plans, zoning by-laws or other similar matters.
Except as otherwise noted, for the purpose of this appraisal the property is considered to be free and clear of any easements, mortgages, or other encumbrances which would have any significant effect on Market Value.
The author assumes no responsibility for any plans of survey which have been supplied. Any sketch forming part of this report is simply included as an aid to comprehension and does not purport to be accurate.
In order to arrive at a supportable opinion of value, it was necessary to utilize both documented and hearsay evidence of market transactions. Information was gathered in accordance with procedures recognized by the Appraisal Institute of Canada. Except as noted herein, a reasonable attempt has been made to verify the accuracy of such information and while it is believed to be reliable and correct, no guarantee is made as to its accuracy.
Any estimates of construction costs, operating costs and other similar expenses, which have been supplied by others or based on published information are assumed to be correct.
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9.
Page 70 of 340 13 No responsibility is assumed for any condition of the property which could be discovered through technical or engineering techniques. This includes but is not limited to such items as soil contamination or soil bearing capabilities; the structural integrity of improvements; inadequate materials or construction techniques; or the presence of asbestos or Urea Formaldehyde Foam Insulation.
We are not aware of the content of any environmental reports, studies, or other investigations or soil surveys which may have been carried out on the property and which may have indicated the existence or possibility of contamination. In undertaking this assignment, we have been instructed to assume that no actual or potential contaminative uses have ever been carried out on the property. Further, we have not carried out any investigation into the past or present uses of either the subject property or of any adjacent properties to establish whether there is any potential for contamination from any uses on any sites adjacent to the subject and therefore assume that none exists. Should it be subsequently established that contamination exists either on the subject property or that it is affected from contamination on any adjacent property, this might alter or reduce this estimate or opinion of value. NOTE: All value estimates as set out herein are made as at 14 May 2019, the day prior to Draft Plan Approval and include no allowance for the retained 5 acres which do not form part of the proposed development, or for property improvements including the house and road infrastructures. 10.
The agreed upon compensation for services rendered in preparing this report does not include a fee for court preparation or court appearance. Should the author of this report be required to give testimony or appear in court or at any administrative proceeding relating to this appraisal, prior arrangements shall be made therefore, including provisions for additional compensation to permit adequate time for preparation and for any appearances which may be required. However, neither this nor any other of these assumptions and limiting conditions is an attempt to limit the use that might be made of this report should it properly become evidence in a judicial proceeding. In such a case, it is acknowledged that it is the judicial body which will decide the use of this report which best serves the administration of justice.
No part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media without the written consent and approval of the author, particularly as to valuation conclusions, the identity of the appraiser or his employers, or any reference to the Appraisal Institute of Canada or the AACI designation.
Neither possession of this report nor a copy of it carries with it the right of publication. All copyright is reserved to the author and it is considered confidential by the author and his client. It shall not be disclosed, quoted from or referred to, in whole or in part, or published in any manner without the express written consent of the appraiser. This is subject only to confidential review by the Appraisal Institute of Canada as provided in the Code of Ethics, Standards of Professional Conduct and Standards of Professional Practice of the Institute.
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13.
Page 71 of 340 14 All of the assumptions made, and all estimates, projections and forecasts presented in this report are based on economic conditions current at the date of appraisal. Because market conditions, including economic, social and political factors, change rapidly and, on occasion, without warning, the findings of this report cannot be relied upon to estimate market values as of any other date except with further advice of the appraiser.
- This report is only valid if it bears the original signature of the author.
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Page 72 of 340 15
MARKET OVERVIEW The subject property is situated in the southerly section of the Township of South Frontenac which forms the north limit of the City of Greater Kingston and forms an integral part of that regional economy. The amalgamated City of Kingston, comprising the former City of Kingston, the former Kingston Township, and the former Township of Pittsburgh, has a 2016 population of 123,798 (less than 1% increase from 2011). In addition, there are numerous temporary residents associated with CFB Kingston, Queen’s University, Royal Military College and St. Lawrence College. A map of the region is included below.
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Page 73 of 340 16 The local real estate market, however, includes the developed areas to the west in Ernestown Township known as Odessa and Amherstview. The population for this larger region of the market has increased steadily over recent years. Total estimated population Census population 2006 Census population 2011 Census population 2016
170,898 152,358 159,561 161,175
Source: Manifold Data Mining Inc.
Employment is diversified with approximately 20% employed in industry and the remainder in commercial, education, institutional and government occupations. While several of the industries in the region are subject to periodic layoffs or slowdowns, the continuity of employment offered in the educational, institutional and government fields has given the Kingston region great economic stability. Single family housing starts have been steady over the past five years. Commercial and institutional construction activity has also been strong. Demand for resale properties until recently, has been good. Market activity, however, is now much lower. Interest rates remain relatively low; however, broader economic concerns have caused both corporations and individuals to become cautious with respect to real estate investments. While mortgage lenders, including banks and trust companies, are still seeking to place loans in this area, there is now a more limited supply of money available and lenders remain cautious in their underwriting. In summary, the Kingston region has had and, with current and projected economic conditions, will likely maintain steady economic growth. As a consequence, most real estate prices are expected to vary at a rate generally similar to the overall rate of inflation. A detailed Regional and Economic Analysis is included in Schedule “E” in the Addenda of this report.
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Page 74 of 340 17
NEIGHBOURHOOD DESCRIPTION The subject property is located in the south-easterly section of South Frontenac Township. The immediate area is characterized by the rural Hamlets of Perth Road Village, Inverary and Battersea which are situated on Perth Road and Battersea Road respectively, approximately 10 and 15 miles north of the City of Kingston.
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Page 75 of 340 18 Additional maps showing the location of the subject property and photographs of the neighbourhood are included in the following pages of this report. Aerial imagery of the subject property and the area immediately surrounding the subject property is included in the Preface of this report. The subject property lies approximately ½ mile east of the rural Hamlet of Battersea. Property improvements in the Hamlet are predominately older modest houses. Commercial improvements in Battersea include a restaurant, a convenience store, and various home occupation uses. Most area residents shop and work in Kingston. Many summer residents are from outside the area and their presence is considered to be a great stimulus to the retail trade of the area during the summer months. Acreage holdings, however, remain predominant. Major roads in the area are paved, however, most side roads are gravel. Hydro and telephone service are available throughout the neighbourhood. Municipal water and sewer services, however, have not been developed with individual properties being serviced with private onsite wells and septic systems. More specifically, the subject property is located on the north side of Wellington Street and fronts onto the north-westerly section of Dog Lake. Dog Lake forms part of the Rideau Canal System linking Kingston to the south with Ottawa to the north. The Rideau Canal System was named a UNESCO World Heritage Site in 2007. Dog Lake is one of the larger area inland lakes with a surface area of 2382 acres and a perimeter of approximately 40 miles. It is popular for recreational boating and fishing. The deepest north-east section of the lake is up to 163 feet deep. Improvements in the immediately area range from modest seasonal cottages and century homes, to newer, large, good quality, custom-built, waterfront houses.
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Page 76 of 340 19
NEIGHBOURHOOD MAPPING
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Page 77 of 340 20
NEIGHBOURHOOD MAPPING
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Page 78 of 340 21
NEIGHBOURHOOD PHOTOGRAPHS
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Page 79 of 340 22
SITE DESCRIPTION The subject property lies just east of the rural Hamlet of Battersea on the westerly shore of Dog Lake, near the easterly termination of Wellington Street. Wellington Street is a paved municipal road. Numerous sketches, several surveys, photographs and an excerpt from marine navigation charts illustrating various aspects of the subject and surrounding lands are included in Schedule “A” in the Addenda of this report. An aerial photograph of the subject property is included in the Preface of this report. Site dimensions, based on Plans 13R 19294, 13R 21309, and, on the Draft Plan of Condominium, are as follows:
Frontage Depth
Dog Lake Wellington Street West North
Total Site Area
- East
- South
2415± ft. 390± ft. 2553± ft. 2575± ft. 82.68 Acres
The ‘effective’ waterfrontage along Dog Lake is shown to be approximately 2415 ft. in three separate sections. The waterfrontage along the majority of the site is shallow and marshlike. The general topography of the site is typical for the area being rugged with rock outcroppings, some lowlying areas, mature forest and small meadow areas. Most of the site is wooded. The two southerly sections of shoreline have gently sloped topography, with the northerly section having a steep slope up from Dog Lake. A hydro pole line crosses portions of the easterly section of the site from the south-west to the north-east. A gravel driveway accessing two waterfront parcels adjacent to the east limit of the subject property crosses the south-easterly section of the site as illustrated on the excerpt from Plan 13R 19294 included in Schedule “A” in the Addenda. A right-of-way in favour of two waterfront houses adjacent to the east limit of the subject property has been established over the driveway.
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Page 80 of 340 23 Draft Plan Approval for an 18 Lot land condominium development was achieved on 15 May 2019.
This development will cover 82.68 acres of the larger 87.68 acre holding with the remaining 5 acres being retained lands which will not form part of the development. Furthermore, a house has recently been constructed and development of significant infrastructure of roadways under construction is underway. Mapping illustrating various aspects of the proposed development are included in Schedule “A” in the Addenda of this report. NOTE:
All value estimates as set out herein are made as at 14 May 2019, the day prior to Draft Plan Approval and include no allowance for the retained 5 acres which do not form part of the proposed development, or for property improvements including the house and road infrastructures.
ADJACENT PARCELS The subject property is adjacent to various parcels A summarized list of these parcels is included below. A map illustrating their respective location, sizes and shapes is included on the following page. Further details are included in Schedule “C” in the addenda of this report.
Adjacent Property
P.I.N.
Address / Location
Direction Relative to Subject
Size
Use
“A”
36288 0381
–
North
5.876± ac
Part of Undeveloped Road Allowance
“B”
36288 0137
1920 Ormsbee Road
West
71.221± ac
Farm Without Residence
“C”
36288 0140
1978 Wellington Street
Southwest
4.183± ac
Single Family Detached
“D”
36288 0171
–
South
5.107± ac
Part of Wellington Street
“E”
36288 1392
–
East
2.791± ac
Vacant Residential / Recreational Land on Water
“F”
36288 0154
1896 Wellington Street
East
0.757± ac
Seasonal / Recreational Dwelling
“G”
36288 0155
1920 Wellington Street
East
3.109± ac
Single Family Detached on Water
“H”
36288 0175
1916 Wellington Street
East
1.496± ac
Seasonal / Recreational Dwelling
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Page 81 of 340 24
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Page 82 of 340 25
OFFICIAL PLAN The Official Plan for South Frontenac Township, which was consolidated in 2003 and amended in May 2013, designates the subject property as “Rural Area”. Relevant excerpts and mapping from the Official Plan and the Draft Official Plan are included in Schedule “B” in the Addenda of this report.
ZONING According to the Zoning By-law for South Frontenac Township, which was passed in September 2003 and most recently revised in June 2018, the subject property is zoned “RU” (Rural). Relevant excerpts and mapping from the Zoning By-Law is included in Schedule “B” in the Addenda of this report.
ASSESSMENT All Ontario properties have been reassessed for the 2017 to 2020 tax years at their estimated market value as at 01 January 2016. Additionally, new categories of tax rates were implemented for 1998. These factors, together with results of the recent amalgamation of the City and the surrounding Townships have resulted in significant tax changes for some properties. Some increases and decreases are still being phased in. The subject property is assessed under Roll Number 1029-060-060-05930. The 2016 base year assessment is $752,000.
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Page 83 of 340 26
HIGHEST AND BEST USE The foundation of market value rests on the optimum or “Highest and Best Use” of a property. The Appraisal Institute of Canada defines Highest and Best Use as: “The reasonably probable and legal use of vacant land or of an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value."” The four criteria that the optimum or “Highest and Best Use” must meet are: 1.
The use must be physically possible.
The use must be legally permissible.
The use must be financially feasible.
The use must be maximally productive.
The Highest and Best Use of a property is dependent on many factors as stated above. Included in these are the physical restrictions of the site (servicing, access and topography), government regulations such as building codes, land-use controls (Official Plan and Zoning By-law), contractual or legal implications such as rights-of-way or deed restrictions, and market factors such as affordability, and supply and demand. Financial feasibility may be the net income stream derived from an investment property or the amenities and satisfaction of owning a residential or recreational property. Maximally productive can also equate to amenities and satisfaction of owning a residential or recreational property, although it usually equates to an investment property. For this property type of the subject property the primary concern is the most profitable use sustained over the longest period of time. For the subject property, the primary concern is the amenities and satisfaction of owning a recreational property sustained over the longest period of time.
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Page 84 of 340 27
Highest and Best Use of the Subject Property “As If” Draft Plan Approval Was Not Achieved, and, Property was Unimproved The subject property lies in a generally attractive rural neighbourhood with most properties having reasonably good access to amenities as associated with Battersea and the surrounding areas. While still generally sparsely developed, recent years have seen the construction of numerous waterfront homes/cottages. Given the location, size and topography of the subject property it is considered that it provides a generally attractive rural residential setting. The subject is a sizeable parcel with frontage on a paved municipal road and extensive waterfrontage. It is located in an area which has experienced demand for both existing houses and for building lots. Given the size and frontage of the site, it is likely that any potential purchasers would consider the subject as having good potential to create one or more waterfront building lots through severance. However, several lots appear to have been severed from the subject property in the past, and severance potential may possibly be exhausted. The proposed 18 lot condominium land development however is considered to be a viable use of the subject property. The site is well suited to such a use and market demand for lots should be strong in this location. In summary then, the Highest and Best Use of the subject property “As If” Site Plan Approval was not achieved is considered to be as a rural holding with potential for development through a land condominium or conventional plan of subdivision.
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Page 85 of 340 28
APPROACHES TO VALUE There are three generally recognized approaches to value used in the appraisal of real property. These are the Cost Approach, the Income Approach and the Direct Comparison Approach. (1)
The Cost Approach to Value This involves estimating the value of the land as if vacant and adding the cost of reproducing the improvements less any accrued depreciation.
(2)
The Income Approach to Value This approach is concerned with the present worth of future benefits which can be derived from a property. After comparison with investments of a similar nature, the net income of a property is capitalized at an appropriate rate to provide an estimate of value.
(3)
The Direct Comparison Approach to Value In this approach the market value of a property is estimated through a comparison of the subject property with other similar properties recently sold or offered for sale with adjustments being made for the various points of difference.
These three approaches to value are considerably inter-related since they are founded on the same basic principles and use common factors from the market. Each method, however, has its advantages and limitations in different types of appraisals The Income Approach and Cost Approach are not relevant due to Terms of Reference which reflect the subject property as being unimproved. The Direct Comparison Approach is discussed in greater detail in the following pages of this report.
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Page 86 of 340 29
DIRECT COMPARISON APPROACH TO VALUE This approach to value involves the examination of the details of recent transactions involving properties similar to the subject property. Through a series of adjustments to compensate for various points of difference, an indicated value can be obtained for the subject property. This approach is based upon the assumption known as the Principle of Substitution defined by the Appraisal Institute of Canada as follows: Principle of Substitution “a prudent purchaser is not likely to pay more for a property than one that is equally desirable with similar utility, providing no time delay is evident”. This approach is considered to be very relevant to the appraisal of all properties except for those special purpose types such as modern schools or churches for which there is not usually sufficient market data available. Its main strengths are that it is solidly based on the actions of buyers and sellers in the marketplace, that it is widely used and understood and that it is the approach generally most relied upon by courts and other judicial bodies. Typically, adjustments can be made for differences pertaining to property rights, motivation, financing, time/market conditions, lot or building size, age and quality of improvements, location, access, servicing, topography, etc., to produce an indication of value for a subject property. This comparative analysis using the adjustment process can be done by using either a quantitative technique or qualitative technique, or sometimes even a combination. Quantitative techniques involve making adjustments on a percentage or dollar amount basis derived from specific marketplace transactions (re-sales of properties or paired sales of similar properties), general or regional economic trends, cost related analyses, etc. Qualitative techniques involve a relative comparison and ranking analysis. With this technique, if the comparable is considered superior to a subject, a negative or downward adjustment is applied, and where the comparable is considered inferior, a positive or upward adjustment is applied. Finally, the market information is reconciled into a final value estimate for the subject. The reliability of the value indicated, however, is dependent on the quality of market data available, with the validity of an indication of value considered to vary in inverse proportion to the number and size of the adjustments made in the derivation of that indication.
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Page 87 of 340 30 This method is utilized in this report although it is noted that there is limited highly comparable data
available. While the various comparable properties employed are considered to be in the same general market as relevant portions of the subject property to varying degrees, all are considered to require significant adjustments. A search was made for recent sales of rural waterfront acreage parcels in the subject neighbourhood and in other neighbouring areas. The sales described in the following pages were selected from the available market data as those which would require the least adjustment and, accordingly, would give the most reliable indications as to the value of the subject site. Several potential areas of difference have been investigated. These include the time frame of the sales, location, zoning, motivation, size, shape and other physical factors. Seven comparable sales considered relevant to the valuation of the subject parcel are summarized on the chart as set out on the following page. A map showing their respective locations and further details on each comparable are included in Schedule “D” in the Addenda of the report. Index 1 is a larger 214.47-acre parcel with only 10± ft. roadfrontage. It has similar rugged and marshy topography. It has a generally similar location with similar road access. However, access to the waterfrontage is difficult due to topography and distance from roadway. Index 2 has a similar rugged topography to the subject property and is slightly smaller. It has an inferior location on Fishing Lake. Furthermore, it has only 410± ft. waterfrontage in a shallow and marshy area with poor access. Index 3 is a smaller parcel with superior topography. While it has a similar location with good road access, it has superior quality waterfrontage but only 500 ft. on Dog Lake. Index 4 at $405,000, or $3998 per acre, is a slightly larger 101.3-acre site with an inferior remote location and access, but superior quality waterfrontage. Although it has only limited waterfrontage in relation to site area. Index 5 at $4738 per acre is a similarly sized 80-acre parcel with an inferior location and much less waterfrontage per acre, but, superior quality waterfront.
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31 COMPARABLE SALES CHART Index
1
2
3
4
5
6
7
Subject
Location
Ramparts Rd. South Frontenac
North Shore Rd. South Frontenac
Carrying Place Rd. South Frontenac
Canoe Lake Road
McEwen Lane Bob’s Lake
Whitefish Lake
Wellington Street South Frontenac
Wellington Street South Frontenac
Sale Price
$195,000
$150,000
$200,000
$405,000
$379,000
$725,000
$330,000
–
Sale Date
Aug. 2016
Apr. 2017
June 2018
Sep. 2019
Aug. 2019
Dec. 2017
Jan. 2015
–
Lot Size
214.47 ac
66.4 ac
28.05 ac
101.30 ac
80 ac
120 ac
87.68 ac
82.68 ac
Road Frontage
10± ft.
1023± ft.
1641± ft.
2045 ft.
574 ft.
2400± ft.
578 ft.
390 ft.
Waterfront
1304± ft.
410± ft.
500± ft.
778 ft.
508 ft.
5500± ft.
2415± ft.
2415 ft.
Zoning
“RU”
“RU”
“RU”
“RU”
“RU”
“RU”
“RU”
“RU”
Topography
Rugged/Marsh
Rugged/Marsh
Open Field / Treed
Bush
Bush
Field / Bush
Mixed
Mixed
Price Per Acre
$909/ac
$2259/ac
$7130/ac
$3998/ac
$4738/ac
$6042/ac
$3764/ac
–
Road Front Feet Per Acre
0.05 ft.
15.4 ft
58.5 ft.
20 ft.
6 ft.
20 ft.
6.6 ft.
4.7 ft.
Waterfront Feet Per Acre
6.1 wf.f./ac
6.2 wf.f./ac
17.8 wf.f./ac
8 wf.f./ac
6 wf.f./ac
46 wf.f./ac
27.5 wf.f./ac
29.2 wf.f./ac
ADJUSTMENTS Motivation
–
–
–
–
–
–
–
–
Time
Inferior
Inferior
Inferior
–
–
Inferior
Inferior
–
Location / Access
Inferior
–
–
Inferior
Inferior
Inferior
–
–
Topography
Inferior
–
–
–
–
–
–
–
Waterfront Quality
Superior
Superior
Superior
Superior
Superior
Superior
–
–
Page 88 of 340
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Page 89 of 340 32 Index 6 at $6042 per acre is superior on a price per acre basis having significantly superior waterfrontage and superior topography. Index 7 at $330,000, or, $3764 per acre is the 2015 sale of the larger 87.68-acre parcel which supports the subject property. This sale price requires an upward adjustment for Time in order to reflect improving market conditions since the time of its sale.
The comparables sold at the following rates: Comparable
Sale Price
Waterfront Feet Per Acre
Price Per Acre
Price Per Waterfront Foot
Index 1
214.47 acres
6.1 ft
$909
$150
Index 2
66.4 acres
6.2 ft
$2259
$366
Index 3
28.05 acres
17.8 ft
$7130
$400
Index 4
101.3 acres
8 ft
$3998
$521
Index 5
80 acres
6 ft
$4738
$746
Index 6
120 acres
46 ft
$6042
$132
Index 7 (Subject)
87.68 acres
27.5 ft
$3764
$137
Subject
82.68 acres
29.2 ft
–
–
The indices reflect a range of unadjusted unit rates from $909 to over $7000 per acre. Index 1 at the bottom of the range is much larger and has very limited waterfrontage and inferior topography. Conversely, Index 6 at $6042 has extensive, good quality waterfrontage. Index 3 at $7130 per acre is the smallest comparable at only 28.05 acres. While this aspect is partially offset by having less waterfrontage in relation to site area, the waterfront and topography are both of superior quality than the subject. The remaining comparables range from $2259 to $4738 per acre. Index 7 at $3764 is the 2015 sale of the larger holding which supports the subject property. It requires a sizeable upward Time adjustment.
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Page 90 of 340 33 On the basis of the preceding, the market value of the subject site “as if” Draft Plan Approval was not
achieved, as at 14 May 2019, is estimated to have been similar to Index 5, above Indices 4 and 7, and well below Indices 3 and 6. A range from $4750 to $5000 per acre is considered to be appropriated. 82.68 acres @ $4750/acre = $392,730 82.68 acres @ $5000/acre = $413,400 Since sizeable and of necessity objective adjustments were required for a number of factors, the above value range can be reviewed on the basis of price per waterfront foot. A value of $400,000, near the middle of the above range with appropriate rounding is reflective of a rate of $166 per waterfront foot, as follows: $400,000 ÷ 2415 wf.f. = $165.63/wf.f. The comparables range from $137 to $746 in this regard. Given the extensive amount of subject frontage in relation to site area, and the shallow nature of the subject frontage, a rate toward the bottom of the range is considered to be appropriate. In summary, the final estimate of market value of the subject property by the Direct Comparison Approach is $400,000. Final Estimate of Value - “As At” 14 May 2019, Prior to Draft Plan Approval “As If” Vacant and Unimproved
$400,000
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Page 91 of 340 34 1918 Wellington Street Battersea, Ontario File No. C-22191
CERTIFICATION I certify that, to the best of my knowledge and belief that: (a)
The statements of fact contained in this report are true and correct.
(b)
All factors affecting the value of the subject property were considered and the information reported has been verified where possible.
(c)
The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, unbiased professional analyses, opinions, and conclusions.
(d)
I have no past, present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved.
(e)
Neither the employment to make this appraisal nor my compensation is contingent upon the reporting of a predetermined value or direction in value that favours the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.
(f)
The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Canadian Uniform Standards of Professional Appraisal Practice as required by the Appraisal Institute of Canada. It should be noted that any duly constituted committee of the Appraisal Institute has the right to review a copy of this report and any related file material.
(g)
I personally inspected the subject property on 19 February 2020, for the purpose of this report.
(h)
My compensation is not contingent on any action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report.
(i)
The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan.
(j)
I have the knowledge and experience to complete the assignment competently and, where applicable, this report is cosigned in compliance with CUSPAP.
(k)
Except as herein disclosed, no individual provided me with significant professional assistance in the preparation of this report.
(l)
I am accredited with an AACI designation by the Appraisal Institute of Canada. Certificate No. 700627.
(m)
The Appraisal Institute of Canada has a Mandatory Recertification Program for designated members. As of the date of this report I have fulfilled the requirements of the program. Based upon the data, analyses and conclusions contained herein, the Market Values of the interest in the property described, as at 14 May 2019, the effective date of this appraisal, is:
FOUR HUNDRED THOUSAND DOLLARS ($400,000) “As At” 14 May 2019 – The Day Prior to Draft Plan Approval “As If” Vacant and Unimproved Property Address:
1918 Wellington Street, Dog Lake, Battersea, South Frontenac, Ontario
Legal Description:
Part Lots 15 to 17 Concession 9 Former Township of Storrington Municipality of South Frontenac Township Part of PIN 36288 1395
Dated at Kingston, this 25th day of February 2020. M.W. COTMAN & ASSOCIATES INC
DRAFT Michael W. Cotman, AACI, P.App
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SCHEDULE “A” SITE MAPPING, AERIAL IMAGERY, PLANS AND PHOTOGRAPHS OF THE SUBJECT PROPERTY
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Shield Shores Land Condominium South Frontenac, Ontario Page 93 of 340 File No. C-22191
FRONTENAC MAPS – TOPOGRAPHIC MAPPING
Dog Lake
Retained Parcel
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Shield Shores Land Condominium South Frontenac, Ontario Page 94 of 340 File No. C-22191
EXCERPT FROM MARINE NAVIGATION CHARTS
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EXCERPT FROM PLAN 13R 19294
Shield Shores Land Condominium South Frontenac, Ontario Page 95 of 340 File No. C-22191
Survey Deposited on 16 July, 2008
Retained Parcel Not Reflected in this Appraisal
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Shield Shores Land Condominium South Frontenac, Ontario Page 96 of 340 File No. C-22191
EXCERPT FROM DRAFT PLAN OF CONDOMINIUM
Retained Parcel Not Reflected in this Appraisal
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Shield Shores Land Condominium South Frontenac, Ontario Page 97 of 340 File No. C-22191
EXCERPT FROM PLAN 13R 2130Showing the Southwest Section of the Subject and of the Retained Parcel Survey Deposited on 10 May, 2016
Retained Parcel Not Reflected in this Appraisal
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Shield Shores Land Condominium South Frontenac, Ontario Page 98 of 340 File No. C-22191
EXCERPT FROM DRAFT PLAN OF CONDOMINIUM
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SUBJECT PHOTOGRAPHS
Shield Shores Land Condominium South Frontenac, Ontario Page 99 of 340 File No. C-22191
View looing easterly along Wellington Street with the subject frontage shown on the left
View looing north-easterly from Wellington Street toward the subject driveway entrance
View looing northerly from Wellington Street along the west limit of the subject property
Typical excavated are to support new roadway for proposed condominium development- contributory value excavations not reflected in this report
Looking southerly along the driveway crossing the subject property
Looking northerly along the driveway crossing the subject property
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SUBJECT PHOTOGRAPHS
Shield Shores Land Condominium South Frontenac, Ontario Page 100 of 340 File No. C-22191
Typical excavated are to support new roadway for proposed condominium development- contributory value excavations not reflected in this report
Typical excavated are to support new roadway for proposed condominium development- contributory value excavations not reflected in this report
View looking southerly along the central section of subject waterfrontage
View looking southerly along the northerly section of subject waterfrontage
View looking northerly along the northerly section of subject waterfrontage
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SUBJECT PHOTOGRAPHS
Shield Shores Land Condominium South Frontenac, Ontario Page 101 of 340 File No. C-22191
Looking north-westerly toward the central section of subject waterfrontage
Looking north-westerly toward the northerly section of subject waterfrontage
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Shield Shores Land Condominium South Frontenac, Ontario Page 102 of 340 File No. C-22191
SCHEDULE “B” EXCERPTS FROM THE OFFICIAL PLAN AND ZONING BY-LAW
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EXCERPTS FROM THE OFFICIAL PLAN Page 1 of 17
Shield Shores Land Condominium South Frontenac, Ontario Page 103 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 2 of 17
Shield Shores Land Condominium South Frontenac, Ontario Page 104 of 340 File No. C-22191
Schedule ‘A’ – Land Use Plan
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EXCERPTS FROM THE OFFICIAL PLAN Page 3 of 17
Shield Shores Land Condominium South Frontenac, Ontario Page 105 of 340 File No. C-22191
Schedule ‘A’ – Land Use Plan
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EXCERPTS FROM THE OFFICIAL PLAN Page 4 of 17
Shield Shores Land Condominium South Frontenac, Ontario Page 106 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 5 of 17
Shield Shores Land Condominium South Frontenac, Ontario Page 107 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 6 of 17
Shield Shores Land Condominium South Frontenac, Ontario Page 108 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 7 of 17
Shield Shores Land Condominium South Frontenac, Ontario Page 109 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 8 of 17
Shield Shores Land Condominium South Ontario PageFrontenac, 110 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 9 of 17
Shield Shores Land Condominium South Ontario PageFrontenac, 111 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 10 of 17
Shield Shores Land Condominium South Ontario PageFrontenac, 112 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 11 of 17
Shield Shores Land Condominium South Ontario PageFrontenac, 113 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 12 of 17
Shield Shores Land Condominium South Ontario PageFrontenac, 114 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 13 of 17
Shield Shores Land Condominium South Ontario PageFrontenac, 115 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 14 of 17
Shield Shores Land Condominium South Ontario PageFrontenac, 116 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 15 of 17
Shield Shores Land Condominium South Ontario PageFrontenac, 117 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 16 of 17
Shield Shores Land Condominium South Ontario PageFrontenac, 118 of 340 File No. C-22191
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EXCERPTS FROM THE OFFICIAL PLAN Page 17 of 17
Shield Shores Land Condominium South Ontario PageFrontenac, 119 of 340 File No. C-22191
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EXCERPTS FROM THE ZONING BY-LAW Page 1 of 4
Shield Shores Land Condominium South Frontenac, Ontario Page 120 of 340 File No. C-22191
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EXCERPTS FROM THE ZONING BY-LAW Page 2 of 4
Shield Shores Land Condominium South Frontenac, Ontario Page 121 of 340 File No. C-22191
Zoning Map
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EXCERPTS FROM THE ZONING BY-LAW Page 3 of 4
Shield Shores Land Condominium South Frontenac, Ontario Page 122 of 340 File No. C-22191
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EXCERPTS FROM THE ZONING BY-LAW Page 4 of 4
Shield Shores Land Condominium South Frontenac, Ontario Page 123 of 340 File No. C-22191
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Shield Shores Land Condominium South Frontenac, Ontario Page 124 of 340 File No. C-22191
SCHEDULE “C” AERIAL IMAGERY, GEOWAREHOUSE EXCERPTS AND MAPPING OF PARCELS ADJACENT TO AND NEARBY THE SUBJECT PROPERTY
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ADJACENT PARCELS MAPPING
Shield Shores Land Condominium South Frontenac, Ontario Page 125 of 340 File No. C-22191
Parcels A to H Parcel ‘A’
Parcel ‘B’
Parcel ‘H’
Parcel ‘G’
Parcel ‘F’
Retained Parcel
Parcel ‘E’
Parcel ‘D’ Parcel ‘C’
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Shield Shores Land Condominium South Frontenac, Ontario ADJACENT PARCEL “A” Page 126 of 340 File No. C-22191 Part of Undeveloped Road Allowance Between Con 9 and 10 5.876± Acres
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ADJACENT PARCEL “B” 1920 Ormsbee Road – Farm Without Residence 71.221± Acres
Shield Shores Land Condominium South Frontenac, Ontario Page 127 of 340 File No. C-22191
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ADJACENT PARCEL “C” 1978 Wellington Street – Single Family Detached 4.183± Acres
Shield Shores Land Condominium South Frontenac, Ontario Page 128 of 340 File No. C-22191
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ADJACENT PARCEL “D” Part of Wellington Street, South Frontenac 5.107± Acres
Shield Shores Land Condominium South Frontenac, Ontario Page 129 of 340 File No. C-22191
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Shield Shores Land Condominium
ADJACENT PARCEL “E” South Frontenac, Ontario Page 130 of 340 File No. C-22191 Battersea Road – Vacant Residential / Recreational Land on Water 2.791± Acres
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Shield Shores Land Condominium South Frontenac, Ontario Page 131 of 340 File No. C-22191
ADJACENT PARCEL “F” 1896 Wellington Street – Seasonal/Recreational Dwelling 0.757 Acres
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Shield Shores Land Condominium
ADJACENT PARCEL “G” South Frontenac, Ontario Page 132 of 340 File No. C-22191 1920 Wellington Street – Single Family Detached on Water 3.109± Acres
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Shield Shores Land Condominium South Frontenac, Ontario Page 133 of 340 File No. C-22191
ADJACENT PARCEL “H” 1916 Wellington Street – Seasonal / Recreational Dwelling 1.496± Acres
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Shield Shores Land Condominium South Frontenac, Ontario Page 134 of 340 File No. C-22191
SCHEDULE “D” COMPARABLE MARKET DATA
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COMPARABLE SALES MAPPING
Shield Shores Land Condominium South Frontenac, Ontario Page 135 of 340 File No. C-22191
Indices 1 to 7 Rural Waterfront Acreage Properties
4
6
5
1 2
3 7
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COMPARABLE SALE INDEX NUMBER ONE
Shield Shores Land Condominium South Frontenac, Ontario Page 136 of 340 File No. C-22191
Rampart’s Road, Loughborough Lake, South Frontenac, Ontario
1
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COMPARABLE SALE INDEX NUMBER ONE
Shield Shores Land Condominium South Frontenac, Ontario Page 137 of 340 File No. C-22191
Rampart’s Road, Loughborough Lake, South Frontenac, Ontario
1
Aerial Imagery Illustrating Roadfrontage
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COMPARABLE SALE INDEX NUMBER ONE
Shield Shores Land Condominium South Frontenac, Ontario Page 138 of 340 File No. C-22191
Rampart’s Road, Loughborough Lake, South Frontenac, Ontario
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Shield Shores Land Condominium South Frontenac, Ontario Page 139 of 340 COMPARABLE SALE INDEX NUMBER TWO File No. C-22191
North Shore Road, Fishing Lake, South Frontenac, Ontario
2
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Shield Shores Land Condominium South Frontenac, Ontario Page 140 of 340 COMPARABLE SALE INDEX NUMBER TWO File No. C-22191
North Shore Road, Fishing Lake, South Frontenac, Ontario
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Shield Shores Land Condominium South Frontenac, Ontario Page 141 of 340 COMPARABLE SALE INDEX NUMBER THREE File No. C-22191
Carrying Place Road, Dog Lake, South Frontenac, Ontario
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Shield Shores Land Condominium South Frontenac, Ontario Page 142 of 340 COMPARABLE SALE INDEX NUMBER THREE File No. C-22191
Carrying Place Road, Dog Lake, South Frontenac, Ontario
3
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Shield Shores Land Condominium South Frontenac, Ontario Page 143 of 340 COMPARABLE SALE INDEX NUMBER THREE File No. C-22191
Carrying Place Road, Dog Lake, South Frontenac, Ontario
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Shield Shores Land Condominium South Frontenac, Ontario Page 144 of 340 File No. C-22191
COMPARABLE SALE – INDEX NUMBER THREE Dog Lake
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Shield Shores Land Condominium South Frontenac, Ontario Page 145 of 340 File No. C-22191
COMPARABLE SALE INDEX NUMBER FOUR Canoe Lake Road, Canoe Lake, South Frontenac
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Shield Shores Land Condominium South Frontenac, Ontario Page 146 of 340 File No. C-22191
COMPARABLE SALE INDEX NUMBER FOUR Canoe Lake Road, Canoe Lake, South Frontenac
4
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Shield Shores Land Condominium COMPARABLE SALE South Frontenac, Ontario Page 147 of 340 INDEX NUMBER FOUR File No. C-22191 Canoe Lake Road, Canoe Lake, South Frontenac
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COMPARABLE SALE – INDEX NUMBER FIVE McEwen Lane, Bob’s Lake South Frontenac, Ontario
Shield Shores Land Condominium South Frontenac, Ontario Page 148 of 340 File No. C-22191
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COMPARABLE SALE – INDEX NUMBER FIVE McEwen Lane, Bob’s Lake South Frontenac, Ontario
Shield Shores Land Condominium South Frontenac, Ontario Page 149 of 340 File No. C-22191
5
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COMPARABLE SALE – INDEX NUMBER FIVE McEwen Lane, Bob’s Lake South Frontenac, Ontario
Shield Shores Land Condominium South Frontenac, Ontario Page 150 of 340 File No. C-22191
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COMPARABLE SALE – INDEX NUMBER SIX Whitefish Lake
Shield Shores Land Condominium South Frontenac, Ontario Page 151 of 340 File No. C-22191
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COMPARABLE SALE – INDEX NUMBER SIX Whitefish Lake
Shield Shores Land Condominium South Frontenac, Ontario Page 152 of 340 File No. C-22191
6
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COMPARABLE SALE – INDEX NUMBER SIX Whitefish Lake
Shield Shores Land Condominium South Frontenac, Ontario Page 153 of 340 File No. C-22191
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COMPARABLE SALE INDEX NUMBER SEVEN Shield Shores Land Condominium South Frontenac, Ontario Page 154 of 340 Wellington Street, Dog Lake, South Frontenac, Ontario File No. C-22191
Subject Property
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COMPARABLE SALE INDEX NUMBER SEVEN Shield Shores Land Condominium South Frontenac, Ontario Page 155 of 340 Wellington Street, Dog Lake, South Frontenac, Ontario File No. C-22191
Subject Property
7
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COMPARABLE SALE INDEX NUMBER SEVENShield Shores Land Condominium South Frontenac, Ontario Wellington Street, Dog Lake, South Frontenac, Ontario Page 156 of 340 File No. C-22191
Subject Property
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Shield Shores Land Condominium South Frontenac, Ontario Page 157 of 340 File No. C-22191
SCHEDULE “E” REGIONAL AND ECONOMIC ANALYSIS
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Shield Shores Land Condominium South Frontenac, Ontario Page 158 of 340 File No. C-22191
REGIONAL ANALYSIS The amalgamated City of Greater Kingston, comprising the former City of Kingston, the former Kingston Township, and the former Township of Pittsburgh, has a 2016 population of 123,798 (less than 1% increase from 2011). In addition, there are numerous temporary residents associated with CFB Kingston, Queen’s University, Royal Military College and St. Lawrence College. Hwy. No. 401 is a highly-travelled east-west transportation corridor providing the municipality access to
Canada’s largest cities being Toronto, 260 km. to the west, and Montreal, 290 km. to the east. Kingston also has good access to the City of Ottawa located 160 km. to the northeast via Hwy. #15. Rail service is available for both passenger and freight along with commuter air service, while international air service is available in Toronto and Ottawa. The City of Kingston regional airport provides daily commuter service to Toronto and Montreal. Economic Base Employment is diversified with approximately 20% employed in industry and the remainder in commercial, education, institutional and government occupations. While several of the industries in the region are subject to periodic layoffs or slowdowns, the continuity of employment offered in the educational, institutional and government sectors has given the Kingston Region great economic stability. The major public sector employers include CFB Kingston, Queen’s University, Correctional Service of Canada, Kingston General and Hotel Dieu Hospitals, Royal Military and St. Lawrence Colleges, the City of Kingston and the Limestone District School Board. The major private employers include a variety of transportation/logistics, business outsourcing, manufacturing, warehousing/distribution, health sciences, food services, Call Centres and financial service businesses including: Startek; Invista Canada; Bell Canada; Assurant Group; Novelis; Agnew Food Services; Bombardier; Empire Financial; Frulact Group; and Feihe International. Most professional and commercial services are available in Kingston, while all specialized services can be located in the Greater Toronto Area and Ottawa.
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Shield Shores Land Condominium South Frontenac, Ontario Page 159 of 340 File No. C-22191
Statistics Canada reports an unemployment rate of 4.9% for the Kingston Census Metropolitan Area in May 2019 compared to 5.8% for both Canada and Ontario (January 2019). Historically, Kingston’s rate was 6.3% in 2013, 6.8% in 2014 and 2015, and 6.0% in 2016. The higher rate in both the provincial and federal levels also increases the risk that a higher rate may return at the local level. Statistics Canada forecasts that the rates for Kingston are to remain at approximately 5% to 6% through 2019. While both Federal and Provincial governments periodically reduce/increase the number of civil service positions, it is considered that the percentage of government employees in the Kingston Region will continue to be much greater than in most other areas. Real Estate CMHC’s publications Fall 2017 Housing Market Outlook” and “Housing Now 2018 & 2019” as summarized below indicates that total housing starts declined from approximately 900 units in 2007 to below 700 in 2010. Starts rebounded to just under 1000 units in 2011, then declined again to below 400 in 2016. The reports forecast that starts will rise to over 600 units in 2017, and range between 510 to 610 starts through 2019. Single starts declined steadily from a high of 600 in 2007 to 321 in 2018. Semi-detached starts are declining and row housing starts are expected to increase through 2019. Apartment starts have been quite erratic since 2006, however, starts have increased significantly to over 300 from 2011 to 2013, then declined to 239 in 2017, and increased to 387 in 2018. It is predicted these starts will fluctuate between 200 to 300 starts through 2019.
Total Housing Starts – All Types
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Shield Shores Land Condominium South Frontenac, Ontario Page 160 of 340 File No. C-22191
Demand for existing homes has declined overall from over 3500 units in 2007 to 3000 in 2014. However, market activity has been slightly higher since 2014 as illustrated by the following CMHC chart utilizing MLS data. Sales climbed to over 3,500 units in 2016 and CMHC forecasts that existing sales will range between 3760 to 3840 in 2018, and between 3700 to 3800 in 2019.
The following chart published in 2016 predicted a steady increase in the average sale price of all types of housing to approximately $310,000 in 2016, an increase from $225,000 in 2007, or approximately 3.75% per annum. CMHC predicted that prices will increase at a slightly higher rate to approximately $350,000 by 2019. However, for new units, CMHC’s Housing Now in Spring 2019 reports much sharper increases for single- detached units with average sale prices of at $364,746 in 2016, $416,028 in 2017, and $474,398 in 2018.
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Shield Shores Land Condominium South Frontenac, Ontario Page 161 of 340 File No. C-22191
The City of Kingston reports the following statistics for commercial, institutional and industrial building permits, including alterations, for 2011 to 2018: 2011
2012
2013
2014
2015
2016
2017
2018
$134,426,591
$141,035,164
$94,580,578
$346,000,000
$160,000,000
$218,600,000
$268,815,000
$120,985,000
In general, institutional and commercial activity makes up the majority of these numbers mainly due to the presence of CFB Kingston, federal prisons, two hospitals and Queen’s University although, the City of Kingston has been quite active with the construction of new buildings for police, public works and a fire training centre. For 2014, the institutional segment comprises the vast majority of the permit values. The construction of a 618,000 s.f. Providence Care Hospital on the Kingston Psychiatric site at 752 King Street West being one of the main contributors to this considerable increase in permit values. For 2017, the industrial sector comprised a significant portion of the permit values with the commencement of construction of two food manufacturing facilities in the western suburbs (Frulact Group and Feihe International). The commercial aspect of the Kingston economy is expected to remain strong and represents a considerable segment of the growth from 2015 through 2017, however, 2018 experienced a significant decline. Continued expansion of “big box” developments in and around the Division Street and Hwy. No.401 interchange, and also along the Gardiners Road corridor from Princess Street north to the Highway No. 401 interchange is anticipated. On the negative side, is the recent closures of the Target and Sears stores at the Cataraqui Centre, Kingston’s regional mall located at Princess Street and Gardiners Road. Some of this space has been
filled by Chapters/Indigo and Marshalls. Sears also closed the furniture outlet at Rio-Can Centre on Gardiners Road with the space now occupied by Giant Tiger and Bad Boy. Additional in-fill or smaller commercial developments are currently underway or proposed on Gardiners Road between Bath Road and Princess Street, along Princess Street from Sydenham Road to Midland Drive, along Midland Drive towards Highway No. 401, and along former Highway No. 15 between former Highway No. 2 and Highway No. 401.
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Following are some of the major developments that have been recently completed, that are ongoing or, that are proposed in the City of Kingston:
Capital Projects
Historic Market Square re-development adjacent to City Hall in 2004 that included an outdoor skating rink at a cost $6.2 million and a 5,500 seat arena in the “North Block” at Place D’Armes and King Street in the downtown at a cost of $45 million.
Further re-development of “North Block” is planned by the City with proposals currently being reviewed for development of a St. Lawrence College campus.
Development of a brownfield site on the downtown waterfront known as Block “D” in 2010 including three apartment/condominium towers, a hotel and waterfront park.
Queen’s University’s has completed construction of a Student Centre being the first phase of a sports complex on its main campus at a cost of $230 million. Recent expansions of the School of Business and School of Medicine are also complete.
Queen’s constructed two new dormitories (500+ beds) on its main campus in 2015 at a cost of $70 million.
The reconstruction of “Richardson Stadium” at Queen’s University’s West Campus was completed in 2016.
Kingston and Queen’s have jointly re-developed/constructed a 550 seat concert hall/art gallery (J. K. Tett and Bader Performing Arts Centre) on the waterfront at 370 King Street West at a cost in excess of $75 million.
St. Lawrence College 80,000 s.f, expansion: double gymnasium, offices, pub, and venue space was completed in 2019.
Kingston’s Artillery Park Aquatic Centre redevelopment in the downtown was completed at a cost of $13.5 million.
A 56,000 s.f. building for the KFLA Health Unit on Portsmouth Avenue and a 71,000 s.f. building for Children’s Aid Society on Division Street both recently completed.
A $28 million (118,000 s.f.) City Police Headquarters completed in 2007 on Division Street.
A $7 million (26,000 s.f.) Public Works building on Division Street in 2011 and a $20 million (45,000 s.f.) Utilities Kingston office on John Counter Boulevard in 2015.
Construction of a new 270 bed Providence Care Hospital on the 121 acre site at 752 King Street W., the former site of the Kingston Psychiatric Hospital, at a cost of $350 million was completed in 2017. Also proposed on this parcel of Institutional land is 365 residential units on 22 acres of the site and a 184 unit mixed use residential/commercial development on a 7 acre section of the site.
Extensive upgrades to water and wastewater treatment facilities and distribution systems in various locations throughout the city including the downtown core.
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Residential Projects
A total of 549 units, a small percentage of which are commercial, are proposed on the redevelopment site at 752 King Street West.
Development of the 29.33 acre former “Davis Tannery” with over 1500 residential units is in the approval stages. This brownfield site is located on Rideau Street on the inner harbour.
The “Williamsville Main Street Study” has set guidelines for the transition of the midtown Princess Street corridor to facilitate the intensification of development and the creation of additional residential units and commercial spaces. There has been significant recent development in this area.
Construction of a 145 unit apartment building in midtown at Victoria and Princess Streets, initially scheduled for 2014-2015 occupancy, but delayed due to a construction site fire, was completed in 2016.
Proposed development of two 10-storey apartment/condominium buildings housing 190 and 222 units at Princess Street and University Avenue.
Proposed re-development of a former theatre at 223 Princess Street into an 15-storey condominium building known as the Capital Building housing 223 units. Final approvals have not yet been achieved for this development.
Proposed development of 194 unit high-rise condominium at 555 Princess Street and Alfred Street.
A total of 1075 single-family, town home and apartment units proposed on the former “Nortel Plant” on Gardiners Road.
A total of 541 of mostly high-rise condominium units approved at Centennial and Cataraqui Woods Drive. Development of some row housing units are underway on this site.
Construction of a 7-storey seniors building housing 164 units at Princess Street and Centennial Drive has recently been completed.
Proposed construction of 13-storey apartment building housing 99 units on Newcourt Place in Calvin Park area off upper Johnson Street.
A total of 1575 high-rise apartment units proposed in Cataraqui Mills off John Counter Boulevard at Sydenham Road beside Cataraqui Cemetary, with 184 units completed and a second building now underway.
Construction of a 14-storey apartment building housing 116 units on former Highway No. 15 in Pittsburg Ward currently underway, being the last of 5 residential high-rises constructed on this former motel site.
Proposed construction of an 8-storey apartment building housing 95 units in Pittsburgh Ward along the Cataraqui River on a former marina site.
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Transportation Projects
The expansion of the section of Highway No. 401 to 6 lanes across the central and westerly section of Kingston has been completed with the easterly portion extending to Highway No. 15. Expansion of the former Highway 38 interchange in the and the Highway No. 15 interchange in the east are underway.
The 4-laning of John Counter Boulevard between Montreal Street and Sir John A MacDonald Boulevard completed with further expansion to Princess Street and Taylor-Kidd Boulevard planned for 2019 to 2020.
Construction of a “Third Crossing” of the Cataraqui River linking John Counter Boulevard east of Montreal Street to Gore Road in the City’s eastern section (Pittsburgh ward) is in the initial stages. This project with a proposed completion date of 2022 has an estimated cost of $180,000,000 which is the largest transportation infrastructure project to date in the area.
Summary Interest rates remain historically low, however, broader economic concerns, including rising unemployment rates, static housing starts and slow employment growth, have caused both corporations and individuals to become more cautious with respect to real estate investments. While mortgage lenders, including banks and trust companies, are still seeking to place loans in this area, there is now a more limited supply of money available and lenders are being very cautious in their underwriting. Although there have been slowdowns in some local industries and cutbacks in the public sector, the
Kingston region has still managed to experience slow but steady economic growth since the 2008 financial downturn. Furthermore, with a sustained return of favourable economic conditions, this growth will likely remain steady. As a consequence, most real estate prices are expected to vary at a rate generally similar to the overall rate of inflation.
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Page 165 of 340
REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE:
April 14, 2020
REPORT DATE:
April 06, 2020
SUBJECT:
Cash-in-Lieu of Parkland for Johnston Point Plan of Condominium, 10T-2014-002
RECOMMENDATION: THAT Council accept the amount of $84,250 as the cash-in-lieu of parkland payment for the Johnston Point Plan of Condominium, 10CD-2014-002. BACKGROUND: The Johnston Point Plan of Condominium was approved by the Ontario Municipal Board on June 28, 2016. Draft Plan approval was extended by the County of Frontenac in June 2019. The developer, Magenta Waterfront Development Corporation, has been working with Township and County staff since 2019 to fulfill conditions of draft plan of condominium. Johnston Point plan of condominium proposes to create 15 residential units. The 15 units that are accessed by a private lane, Hinterland Lane. The proposed residential units range in size from 1.37 to 3.9 ha, and have a minimum road frontage of 50 m. Each dwelling would be serviced by a private well and septic system. The lands are described as Part of Lots 23 & 24, Concession 6 & 7, geographic Township of Loughborough, South Frontenac. A condition of draft plan approval is that the developer is to pay the Township 5% cash-in-lieu of parkland in accordance with the Township Cash-in-Lieu of Parkland Policy, By-law 2017-16. In accordance with the cash-in-lieu of parkland policy, the developer requested the Township to undertake an appraisal of the land which comprises the Johnston Point development. The Township had the property appraised by S. Rayner & Associates, a Township selected certified appraiser. This appraisal has been submitted to the Township (see attachment 1) and has been reviewed by the developer, Magenta Waterfront Development Corporation. ANALYSIS/DISCUSSION: The valuation has been prepared in accordance with section 51.1 (4) of the Planning Act. This section of the Act establishes that the value of land considered for cash-inlieu of parkland calculations is based on the value on the day before the day approval was given to the draft plan of subdivision. Assessed value is determined based on the value of the land the day prior to obtaining draft plan approval. As such, the date for valuation is June 27, 2016 for the Johnston Point Plan of Condominium. The value of the lands has been appraised at $1,685,000.00. Based on this valuation, the cash-in-lieu of parkland amount for the Johnston Point 15 residential unit Plan of Condominium is calculated at 5% of the value of the land. As such, the cash-in-lieu of parkland value for Johnston Point is established below: $1,685,000 *5% = $84,250 cash-in-lieu of parkland for Johnston Point Natural, Vibrant and Growing – a Progressive Rural Leader 1
Page 166 of 340
REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT
Consistent with the Township Cash-in-Lieu of Parkland Policy, the valuation of cashin-lieu of parkland shall be brought to Council for a final determination of the value of the land. The developer, Magenta Waterfront Development Corporation, has reviewed the appraisal and has agreed with the valuation of the property prepared by the Township appraiser and the payment of cash-in-lieu of parkland in the amount of $84,250 to be paid in accordance with terms that will be established in the condominium agreement with the Township. Once Council approves the final valuation of the land, the value of cash-in-lieu of parkland will be included in the updated condominium agreement for the development. FINANCIAL/STAFFING IMPLICATIONS: This cash-in-lieu of parkland payment will be deposited into the Township Parkland Reserve Fund. ATTACHMENTS: Attachment 1 - Appraisal of Johnston Point Plan of Condominium Prepared by: Claire Dodds, Director of Development Services Submitted/approved by: Neil Carbone, CAO
Natural, Vibrant and Growing – a Progressive Rural Leader 2
Page 167 of 340
APPRAISAL REPORT OF
JOHNSTON POINT CONDOMINIUM DEVELOPMENT JOHNSTON POINT LANE SOUTH FRONTENAC, ONTARIO FOR THE TOWNSHIP OF SOUTH FRONTENAC ATTN: MS. CLAIRE DODDS BY S. RAYNER & ASSOCIATES LTD. JUNE 27TH, 2016
Page 168 of 340 Real Estate Appraisals & Consulting Marketing & Feasibility Studies Business Valuations, Assessment Appeals Insurance Replacement Costs FILE #: C-8039 November 5th, 2019 The Township of South Frontenac 4432 George Street, Box 100 Sydenham, Ontario K0H 2T0 Attention: Ms. Claire Dodds Re:
Johnston Point Condominium Development Johnston Point Lane South Frontenac, Ontario
As per your instructions, we have carried out an investigation and completed an appraisal for the above noted property. The purpose of this appraisal is to estimate a hypothetical market value of the fee simple interest of the subject property, as at June 27th, 2016, the day before draft plan approval, for the purpose of cash-in-lieu of parkland dedication. Based on our investigation, the estimated hypothetical Market Value as of the date of appraisal, subject to the Assumptions and Limiting Conditions, and Scope of Appraisal is:
ONE MILLION SIX HUNDRED AND EIGHTY-FIVE THOUSAND DOLLARS ($1,685,000) The report is to be completed for the purpose of cash-in-lieu of parkland dedication. As such, it must adhere to Section 51.1 (4) of the Planning Act: Determination of Value “For the purpose of determining the amount of any payment required under subsection (3) or (3.1), the value of the land shall be determined as of the day before the day of the approval of the draft plan of subdivision. 1994, c. 23, s. 31; 2015, c. 26, s. 32 (3).” As such, the subject is to be appraised under the zoning classification as of June 27th, 2016. We were notified the zoning was RU – Rural and EP – Environmental Protection. This is a hypothetical value making the extraordinary assumption that the subject does not have Draft Plan approval. Draft Plan approval was issued by the Ontario Municipal Board on June 28th, 2016. As such, this is also considered to be a retrospective value with the effective date of June 27th, 2016. The property was inspected on October 24th, 2019.
Page 169 of 340 The Township of South Frontenac
Attn: Ms. Claire Dodds
-2-
November 5th, 2019
If we can be of any further assistance to you in this or any other matter, please feel free to contact us. Respectfully submitted, S. RAYNER & ASSOCIATES LTD.
Stephen Rayner, AACI General Manager
SR/AC
Alexander Cameron, AIC Candidate Member Associate Appraiser
Page 170 of 340
TABLE OF CONTENTS
Table of Contents Page No. Summary of Salient Facts and Important Conclusions ……………………………………………………………………………….. 1. Definition of the Appraisal Problem ……………………………………………………………………………………………………………….. 4. Assumptions and Limiting Conditions……………………………………………………………………………………………………………. 7. Scope of Appraisal ………………………………………………………………………………………………………………………………………………. 9. Regional and Neighbourhood Data ………………………………………………………………………………………………………………. 10. Description and Analysis of Site ……………………………………………………………………………………………………………………. 18. Zoning…………………………………………………………………………………………………………………………………………………………………. 29. Official Plan Designation…………………………………………………………………………………………………………………………………. 36. Highest and Best Use ……………………………………………………………………………………………………………………………………….. 46. Valuation ……………………………………………………………………………………………………………………………………………………………. 47. Direct Comparison Approach ………………………………………………………………………………………………………………………… 48. Certification ………………………………………………………………………………………………………………………………………………………. 66. Qualifications…………………………………………………………………………………………………………………………………………………….. 67. Partial List of Clients ……………………………………………………………………………………………………………………………………….. 69.
Page 171 of 340 1. SUMMARY OF SALIENT FACTS & IMPORTANT CONCLUSIONS Address of Property
Johnston Point Lane, South Frontenac, Ontario
Legal Description:
Firstly: Part Lot 24 Concession 7 Loughborough Designated as Parts 1 and 2, Plan 13R-21493; Subject to an Easement over Part 2, Plan 13R-21493 in Favour of Part of Lots 23 & 24 Concession 6 Loughborough Designated as Parts 1 & 2, Plan 13R20626 as in FC177568; Subject to an Easement over Part 2, plan 13R-21493 in Favour of Part of Lots 23 & 24 Concession 6 Loughborough Designated as Parts 3, 4, 5, Plan 13R-20626 as in FC177569; Subject to an Easement over Part 2, Plan 13R-21493 in Favour of Part of Lot 23 Concession 6 Loughborough Designated as Parts 12,13 and 14, Plan 13R-21493 as in FC177570; Secondly: Part of Lot 23 Concession 6 Loughborough Designated as Parts 12,13 and 14, Plan 13R-21493; Subject to an Easement over Parts 12 and 13, Plan 13R-21493 in Favour of Part Lots 23 & 24 Concession 6 Loughborough Designated as Parts 5,6,7,8,9,10 and 11, Plan 13R-21493 as in FC177570; Together with an Easement over Part of Lot 24 Concession 6 Loughborough Designated as Parts 6 and 7, Plan 13R-21493 as in FC177570; Together with an Easement over Part of Lot 24 Concession 7 Loughborough Designated as Part 2, Plan 13R-21493 as in FC177570; Together with an Easement over Part of Lots 23 and 24 Concession 6 Loughborough Designated as Part 16, Plan 13R21493 as in FC177568; Together with an Easement over Part of Lot 23 Concession 6 Loughborough Designated as Part 5, Plan 13R-21493 as in FC177569; Subject to an Easement in Gross over
Page 172 of 340 2. SUMMARY OF SALIENT FACTS & IMPORTANT CONCLUSIONS:
Cont’d
Parts 12 and 13, Plan 13R-21493 as in FC230245; Thirdly: Part of Lots 23 & 24 Concession 6 Loughborough Designated as Parts 5,6,7,8,9,10 and 11, Plan 13R-21493; Together with an Easement over Parts of Lots 23 and 24 Concession 6 Loughborough Designated as Part 16, Plan 13R-21493 as in FC177568; Together with an Easement over Part of Lot 23 Concession 6 Loughborough Designated as Part 15, Plan 13R-21493 as in FC177569; Together with an Easement over Part of Lot 23 Concession 6 Loughborough Designated as Parts 12 and 13, Plan 13R-21493 as in FC177570; Subject to an Easement over Parts 6 and 7, Plan 13R-21493 in Favour of Part of Lots 23 and 24 Concession 6 Loughborough Designated as Parts 1 and 2, Plan 13r20626 as in FC177568; Subject to an Easement over Parts 6 and 7, Plan 13r21493 in Favour of Part of Lots 23 and 24 Concession 6 Loughborough Designated as Parts 3, 4 & 5, Plan 13R-20626 as in FC177569; Subject to an Easement over Parts 6 and 7, Plan 13R-21493 in Favour of Part of Lot 23 Concession 6 Loughborough Designated as Parts 12,13 and 14, Plan 13R-21493 as in FC177570; Subject to an Easement in Gross over Parts 7,9 and 11, Plan 13R-21493 as in FC230245; Fourthly: Part of the Road Allowance between concessions 6 and con 7 Loughborough, Designated as Parts 3 and 4, Plan 13R-21493, Stopped Up and Closed by By-Law no. 2016-28 as in FC222953 Township of South Frontenac, County of Frontenac PIN#
36283-0627
Page 173 of 340 3. SUMMARY OF SALIENT FACTS & IMPORTANT CONCLUSIONS: Lot Area
91.03 Acres±
Waterfrontage
9,465 Feet±
2019 Assessment
$ 1,065,220
Zoning
RU – Rural
Cont’d
EP – Environmental Protection
Official Plan
Rural Environmental Protection
Highest & Best Use
Development in accordance with the zoning bylaw classification and official plan designation
Estimate of Value by the Cost Approach
N/A
Estimate of Value by the Income Approach
N/A
Estimate of Value by the Direct Comparison Approach
$1,685,000
Page 174 of 340 4. SUMMARY OF SALIENT FACTS & IMPORTANT CONCLUSIONS: Final Estimate of Value
$1,685,000
Cont’d
Page 175 of 340 5. DEFINITION OF THE APPRAISAL PROBLEM Purpose of the Appraisal The purpose of this appraisal is to estimate the hypothetical Market Value of the fee simple interest in the Subject Property as of June 27th, 2016, the date of inspection, for the purpose of cash-in-lieu of parkland dedication. Civic Address Johnston Point Lane, South Frontenac, Ontario Legal Description Firstly: Part Lot 24 Concession 7 Loughborough Designated as Parts 1 and 2, Plan 13R-21493; Subject to an Easement over Part 2, Plan 13R-21493 in Favour of Part of Lots 23 & 24 Concession 6 Loughborough Designated as Parts 1 & 2, Plan 13R-20626 as in FC177568; Subject to an Easement over Part 2, plan 13R-21493 in Favour of Part of Lots 23 & 24 Concession 6 Loughborough Designated as Parts 3, 4, 5, Plan 13R-20626 as in FC177569; Subject to an Easement over Part 2, Plan 13R-21493 in Favour of Part of Lot 23 Concession 6 Loughborough Designated as Parts 12,13 and 14, Plan 13R-21493 as in FC177570; Secondly: Part of Lot 23 Concession 6 Loughborough Designated as Parts 12,13 and 14, Plan 13R-21493; Subject to an Easement over Parts 12 and 13, Plan 13R-21493 in Favour of Part Lots 23 & 24 Concession 6 Loughborough Designated as Parts 5,6,7,8,9,10 and 11, Plan 13R-21493 as in FC177570; Together with an Easement over Part of Lot 24 Concession 6 Loughborough Designated as Parts 6 and 7, Plan 13R21493 as in FC177570; Together with an Easement over Part of Lot 24 Concession 7 Loughborough Designated as Part 2, Plan 13R-21493 as in FC177570; Together with an Easement over Part of Lots 23 and 24 Concession 6 Loughborough Designated as Part 16, Plan 13R-21493 as in FC177568; Together with an Easement over Part of Lot 23 Concession 6 Loughborough Designated as Part 5, Plan 13R-21493 as in FC177569; Subject to an Easement in Gross over Parts 12 and 13, Plan 13R21493 as in FC230245; Thirdly: Part of Lots 23 & 24 Concession 6 Loughborough Designated as Parts 5,6,7,8,9,10 and 11, Plan 13R-21493; Together with an Easement over Parts of Lots 23 and 24 Concession 6 Loughborough Designated as Part 16, Plan 13R-21493 as in FC177568; Together with an Easement over Part of Lot 23 Concession 6 Loughborough Designated as Part 15, Plan 13R21493 as in FC177569; Together with an Easement over Part of Lot 23 Concession 6 Loughborough Designated as Parts 12 and 13, Plan 13R-21493 as in FC177570; Subject to an Easement over Parts 6 and 7, Plan 13R-21493 in Favour of Part of Lots 23 and 24 Concession 6 Loughborough Designated as Parts 1 and 2, Plan 13r20626 as in FC177568; Subject to an Easement over Parts 6
Page 176 of 340 6. DEFINITION OF THE APPRAISAL PROBLEM:
Cont’d
and 7, Plan 13r21493 in Favour of Part of Lots 23 and 24 Concession 6 Loughborough Designated as Parts 3, 4 & 5, Plan 13R-20626 as in FC177569; Subject to an Easement over Parts 6 and 7, Plan 13R-21493 in Favour of Part of Lot 23 Concession 6 Loughborough Designated as Parts 12,13 and 14, Plan 13R-21493 as in FC177570; Subject to an Easement in Gross over Parts 7,9 and 11, Plan 13R-21493 as in FC230245; Fourthly: Part of the Road Allowance between concessions 6 and con 7 Loughborough, Designated as Parts 3 and 4, Plan 13R-21493, Stopped Up and Closed by By-Law no. 2016-28 as in FC222953 Township of South Frontenac, County of Frontenac Property Rights Appraised The “Fee Simple” rights are the property rights that are being appraised herein. Fee Simple Rights are defined as “An absolute fee which is without limitation to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power and taxation. It is an inheritable estate.” Effective Date of Appraisal The subject appraisal is effective as of June 27th, 2016. The property was inspected on October 24th, 2019. All work on this appraisal was carried out during October & November, 2019. Definition of Market Value The Appraisal Institute of Canada Text “Introduction to Real Estate Appraising”, defines Market Value as: “…the most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress.” Definition of Highest and Best Use: The Appraisal Institute of Canada Text “Introduction to Real Estate Appraising”, defines Highest and Best Use as: “That reasonable and probable use that will support the highest present value, as defined, as of the effective date of the appraisal.
Page 177 of 340 7. DEFINITION OF THE APPRAISAL PROBLEM:
Alternatively, that use, from among reasonably probable and legal alternative uses, found to be physically possible, appropriately supported, financially feasible, and which results in highest land value. The definition immediately above applies specifically to the highest and best use of land. It is to be recognized that in cases where a site has existing improvements on it, the highest and best use may very well be determined to be different from the existing use. The existing use will continue, however, unless and until land value in its highest and best use exceeds that total value of the property in its existing use. Implied within these definitions is recognition of the contribution of that specific use to community environment or to community development goals in addition to wealth maximization of individual property owners. Also implied is that the determination of Highest and Best Use results from the appraiser’s judgment and analytical skill, i.e., that the use determined from analysis represents an opinion, not a fact to be found. In appraisal practice, the concept of Highest and Best Use represents the premise upon which value is based. In the context of most probable selling price (market value) another appropriate term to reflect highest and best use would be most probable use. In the context of investment value an alternative term would be “most profitable use.”
Cont’d
Page 178 of 340 ASSUMPTIONS AND LIMITING CONDITIONS
This report is prepared at the request of Ms. Claire Dodds at the Township of South Frontenac to complete an appraisal to estimate hypothetical Market Value, for cash in Lieu of Parkland purposes. It is not reasonable for any persons other than the above to rely upon this appraisal without first obtaining written authorization from the appraiser. There may be qualifications, assumptions or limiting conditions in addition to those set out below relevant to that person’s identity or his intended use. The report is prepared on the assumption that no other persons will rely on it for any other purpose and that all liability to all such persons is denied.
While expert in appraisal matters and having reviewed title to the property, the author is not qualified and does not purport to give legal advice. It is assumed that: a) b) c) d) e)
the legal description is correct; title to the property is good and marketable; there are no encroachments, encumbrances, restrictions, leases or covenants that would in any way affect the valuation, except as expressly noted herein; the existing use is a legal conforming use which may be continued by any purchaser from the existing owner; rights of way, easements or encroachments over other real property and leases or other covenants noted herein are legally enforceable.
The author is not a qualified surveyor. Any legal survey supplied to us and utilized in the report is assumed to be correct. Sketches, drawings, diagrams, photographs, etc. are presented in this report for the limited purpose of illustration and are not to be relied upon in themselves.
The author is not qualified to give engineering advice. It is assumed that there are no patent or latent defects in the subject improvements, that no objectionable materials such as Urea Formaldehyde foam are present, that they are structurally sound and in need of no immediate repairs, unless expressly noted within this report. No tests have been done of the heating, plumbing, electrical, air-conditioning or other systems and, for the purpose of this opinion, they are assumed to be in good working order, except as otherwise noted. The term “inspection” refers to our observation and reporting of the general material finishing and conditions seen for the purposes of a standard appraisal inspection .
No investigation has been undertaken with the local zoning office, the fire department, the building inspector, the health department or any other government regulatory agency unless such investigations are expressly represented to have been made in this report. The subject property must comply with such government regulations and, if it does not comply, its non-compliance may affect market value. To be certain of compliance, further investigations may be necessary.
Neither possession of this report nor a copy of it carries with it the right of publication. All copyright is reserved to the author and is considered confidential by the author and his client. It shall not be disclosed, quoted from or referred to, in whole or in part, or published in any manner, without the express written consent of the appraiser. This is subject only to confidential review by the Appraisal Institute of Canada as provided in the Code of Ethics, Standards of Professional Conduct and Standards of Professional Practice of the Institute.
Market data has been obtained, in part, from documents at the land registry office, or as reported by the real estate board. As well as using such documented and generally reliable evidence of market transactions, it was also necessary to rely on hearsay evidence. Except as noted herein, a reasonable attempt has been made to verify all such information.
Page 179 of 340 9. ASSUMPTIONS AND LIMITING CONDITIONS:
Cont’d
Because market conditions, including economic, social and political factors, can change rapidly and, on occasion, without warning, the market value expressed as of the date of this appraisal cannot be relied upon to estimate the market value as of any other date except with further advice of the appraiser.
The compensation for services rendered in this report does not include a fee for court preparation or court appearance, which must be negotiated separately. However, neither this nor any other of these limiting conditions is an attempt to limit the use that might be made of this report should it properly become evidence in a judicial proceeding. In such a case, it is acknowledged that it is the judicial body which will decide the use of the report which best serves the administration of justice.
- The appraiser is not qualified to comment on environmental issues that may affect the market value of the property appraised, including but not limited to pollution or contamination of land, buildings, water, groundwater or air. Unless expressly stated, the property is assumed to be free and clear of pollutants and contaminants, including but not limited to moulds or mildews or the conditions that might give rise to either, and in compliance with all regulatory environmental requirements, government or otherwise, and free of any environmental condition, past, present or future, that might affect the market value of the property appraised. If the party relying on this report requires information about environmental issues, then that party is cautioned to retain an expert qualified in such issues. We expressly deny any legal liability relating to the effect of environmental issues on the market value of the subject property.
- The report is to be completed for the purpose of cash-in-lieu of parkland dedication. As such, it must adhere to Section 51.1 (4) of the Planning Act: Determination of Value “For the purpose of determining the amount of any payment required under subsection (3) or (3.1), the value of the land shall be determined as of the day before the day of the approval of the draft plan of subdivision. 1994, c. 23, s. 31; 2015, c. 26, s. 32 (3).” As such, the subject is to be appraised under the zoning classification as of June 27 th, 2016. We were notified the zoning was RU – Rural and EP – Environmental Protection.
- As such, this is a hypothetical value making the extraordinary assumption that the subject does not have Draft Plan approval. Draft Plan approval was issued by the Ontario Municipal Board on June 28 th, 2016. As such, this is also considered to be a retrospective value with the effective date of June 27th, 2016. The property was inspected on October 24th, 2019.
Page 180 of 340 10. SCOPE OF ASSIGNMENT
APPRAISER Title Search & Sales History (3 Years)
Yes
Inspection of Properties
Yes
Neighbourhood/Market Review
Yes
Review of Building Plans
N/A
Review of Survey
Yes
Verified Zoning
Yes
Reviewed Leases/ Offers to Lease
N/A
Researched Comparables
Yes
Data Verified for Comparables
Yes
Comparables Inspected
Yes
Exceptions: Land Sales # Rent Comparables # Direct Comparables #
OTHER
N/A N/A Remainder via aerial photographs
Wrote Report Exceptions
Yes Nil
Major Assistance from Others
None
Marketing Period
3 to 12 Months
Exposure Period
3 to 12 Months
Sales/Listings/Offers over Past 3 Years
None to our knowledge.
The subject was purchased in December 2013 for the consideration of $1,600,000, however it is unclear of what parcels were included in this purchase.
Page 181 of 340 11. REGIONAL AND NEIGHBOURHOOD DATA
COUNTY OF FRONTENAC MAP
Page 182 of 340 12. REGIONAL AND NEIGHBOURHOOD DATA:
Cont’d
The subject site is situated on northern shores of Loughborough Lake’s eastern basin, in the Township of South Frontenac. It is located south of North Shore Road approximately 7.6 kilometer north west of Village of Inverary, 14.9 kilometers east of the Village of Sydenham, 20.1 kilometers east of the Village of Harrowsmith, and 27 kilometers north west of downtown Kingston. The municipality of the Township of South Frontenac was created in 1998 by amalgamation of the former Townships (now referred to as Districts) of Bedford, Loughborough, Portland, and Storrington. Total population of the municipality is 18,646 (Stats Canada 2016) spread over an area of 972 km². This is a slight increase of 2.9% from 2011. The municipal offices are located in Sydenham, one of the largest communities in the Township. Inverary is an older community in Storrington District, which is primarily a rural Township in the southeast quadrant of South Frontenac. Residents are employed predominantly in centres outside the township, such as Kingston, Napanee, and Gananoque. Some are employed in farming and by various tourist operations. Inverary itself has day-to-day services including local commercial properties, including a convenience store, a restaurant, a service station, hardware and farm implement store, and a dryland marina. The Village of Sydenham, situated on County Road 5, an east/west corridor through the Township, is the largest urban centre in the Township. It has a variety of retail/commercial ventures, including a Foodland (grocery store), and an LCBO, Home Hardware, bank, doctors’ offices, a drugstore, library, a funeral home, churches, and various other small businesses. It is also home to Sydenham High School, Loughborough Public School, a fire hall, and a library. The municipal offices are also located in Sydenham. The Village also has a waterfront park and beach on Sydenham Lake, near the high school. The population of Sydenham is approximately 1,000. Harrowsmith, a community of approximately 500 people is located approximately 20.1 kilometers east of the subject property. The village provides day-to-day conveniences of the Pizza Place, Gino’s Pizza and Spaghetti, Gilmour’s Meats, a mechanic, one church, the South
Page 183 of 340 13. REGIONAL AND NEIGHBOURHOOD DATA:
Cont’d
Frontenac Rental Centre, and a real estate office. There is also a public and Catholic elementary school. The former United Church closed and the property has been sold. The Frontenac Farmers Market is also located in Harrowsmith. The market is only opened on Saturdays from May 12th to October 27th. Other communities/towns in the area include Hartingston and Verona The Village of Hartington is located just north of Harrowsmith on County Road 38. The village has a Shell Gas Station, Home Hardware, Evangelical Church, and a public library. The village also houses a fire hall and an Ontario Provincial Police station. Further north (12.5km) on Highway 38 is the Village of Verona and it provides additional day to day amenities. The village provides conveniences such as ServiceOntario, BMO, Ford Dealership, Pharmawell, Rona, Canada Post, Methodist Church, Esso Gas Station, Convenience Store, Auto Repair Shop, and several restaurants. The town also provide an elementary school, medical clinic and a Fire Rescue station. The village is located approximately 12.5 kilometers north east of the subject and has about 1,800 residents. Within the Township, there is a large concentration of lakes, and as such, it is a major summer cottage and resort area. The summer population increases substantially. Some of the major lakes include Devil Lake, Big Clear Lake, Loughborough Lake (subject’s lake), Dog Lake, Cranberry Lake, Collins Lake, Inverary Lake, and the Rideau Canal, which includes Rock Lake, and Opinicon Lake which is located in both South Frontenac and Rideau Lakes Township. Frontenac Provincial Park, 26 kilometers north east, is a semi-wilderness park, in the Canadian Shield, containing 5,214 ha, numerous lakes (22), and hiking trails, etc. It is situated northeast of the subject between County Roads 9 and 10, approximately 14.4 kilometers north of Sydenham. With its numerous lakes, campgrounds, conservation areas, etc., the Provincial Park, etc., also supports a large tourism industry.
Page 184 of 340 14. REGIONAL AND NEIGHBOURHOOD DATA:
Cont’d
Landfill facilities are located in Portland, Loughborough and Bedford Districts. The Township primarily a farming area, but many residents commute to major employment in the City of Kingston. County Road 38, located 15 kilometers west of the subject, is a heavily travelled artery, running north/south from Kingston to Sharbot Lake, providing access to various communities along its route, including Harrowsmith, Hartington, Verona, Godfrey, Parham and Tichbourne. Perth Road (County Road 10) located east of the subject, is one of four rural arterials that run north from the City of Kingston to service the rural areas of the Township of South Frontenac. Perth Road has a Highway 401 interchange. It runs north through the township, into the Township of Rideau Lakes and terminates just south of the Village of Westport. It is a paved, 2lane road that experiences low volumes of traffic. Access to the subject is granted off Perth Road to North Shore Road. Sydenham Road (County Road 9), west of the subject, commences within the City of Kingston limits at Princess Street. It continues north, past Highway 401 where there is a full interchange. Sydenham Road concludes at County Road 5. It experiences average amounts of traffic, primarily from rural commuters coming into the city. North Shore Road extends east off Perth Road and runs adjacent to Loughborough Lake for approximately 14 kilometers. The road is a 2-lane paved road which provides access to dwellings along Loughborough Lake. The road concludes in a dead-end manner, however there are several residential roadways extending north off North Shore Road. The road experiences typical rural residential traffic. Loughborough Lake is one of the most desirable lakes in the County of Frontenac. The lake is divided by Perth Road/County Road 10 into two sections; the east basin and the western basin. Loughborough Lake is part of the Great Lakes Basin and primary outflows include Loughborough Lake Creek & Millburn Creek. The lake is approximately 18 square kilometers with over 160 kilometers of shoreline and many islands. There is a total of five boat launches.
Page 185 of 340 15. REGIONAL AND NEIGHBOURHOOD DATA:
Cont’d
The area is a mix of rolling land, typical Canadian Shield topography, with granite outcroppings, treed areas, and some open field and marshland areas. Overall the subject is considered to be a good location for residential development, being situated on a good quality lake and being relatively close to the City of Kingston and major arterial routes.
Page 186 of 340 16. REGIONAL AND NEIGHBOURHOOD DATA:
TOWNSHIP OF SOUTH FRONTENAC MAP
Cont’d
Page 187 of 340 17. REGIONAL AND NEIGHBOURHOOD DATA:
NEIGHBOURHOOD MAP
IMMEDIATE VICINITY AERIAL PHOTO
Cont’d
Page 188 of 340 18. REGIONAL AND NEIGHBOURHOOD DATA:
LOOKING WEST ALONG NORTH SHORE ROAD
LOOKING EAST ALONG NORTH SHORE ROAD
Cont’d
Page 189 of 340 19. DESCRIPTION AND ANALYSIS OF SITE The subject is a peninsula property of approximately 91.03 acres and has 9,465± feet of waterfront along Loughborough Lake. The lot has 477.42 ± feet of road frontage along North Shore Road. The shoreline appears to be level and rocky. The water depths appear to be suitable for swimming and docking light watercraft. It should be noted, due to the densely wooded areas towards the shoreline, the appraiser was only able to inspect the shoreline at the south eastern section of the peninsula. The west side of the peninsula is a relatively narrow section of Loughborough Lake which serves as main boat traffic route. The east side is known as “Long Bay” and does experience low level of boating traffic. Majority of Long Bay is designated as Provincially Significant Wetland (PSW). The lot is heavily wooded and rocky, which is typical of Canadian Shield topography. The topography of the lot is more gradual sloping with some bare rock outcrops and some lowlying wet area/marshlands. In addition to this, there is a relatively steep ridge which runs through the middle of the peninsula. There appear to be several sites that would be suitable for building. There are no improvements to the site. There is a private gravel roadway “Hinterland Lane”, which extend south off North Shore Road for approximately 1.1 kilometre in length. The roadway runs through the middle of the property and concludes in a cul-de-sac manner. The subject site encompasses three existing lots of record towards the eastern side of the peninsula (refer to survey below). The private roadway provides direct access to these lots. Hydro and telephone are available at the lot line. Development of dwellings would require servicing by a well and septic system. The lot is subject to an easement, by way of the gravel driveway, to provide access to the aforementioned lots. The easement runs through-out the middle of the property. In addition to this, there is a road allowance (Shown as Parts 3 & 4 on 13R-21493) towards the northern section of the property. In our opinion the easement and road allowance will not affect the subject’s value.
Page 190 of 340 20. DESCRIPTION AND ANALYSIS OF SITE Overall the subject is an attractive site with good quality waterfront on a good quality lake. It would be considered a good location for residential development.
Page 191 of 340 21. DESCRIPTION AND ANALYSIS OF SITE:
Cont’d
PROPERTY IDENTIFICATION NUMBER (PIN) MAP
AERIAL VIEW
Page 192 of 340 22. DESCRIPTION AND ANALYSIS OF SITE:
Cont’d
PLAN 13R-21493
Page 193 of 340 23. Cont’d
ABSTRACT (PAGE 1/2)
DESCRIPTION AND ANALYSIS OF SITE:
Page 194 of 340 24. Cont’d
ABSTRACT (PAGE 2/2)
DESCRIPTION AND ANALYSIS OF SITE:
Page 195 of 340 25. DESCRIPTION AND ANALYSIS OF SITE:
Cont’d
LOT VIEWS
Page 196 of 340 26. DESCRIPTION AND ANALYSIS OF SITE:
Cont’d
LOT VIEWS
Page 197 of 340 27. DESCRIPTION AND ANALYSIS OF SITE:
Cont’d
LOT VIEWS
Page 198 of 340 28. DESCRIPTION AND ANALYSIS OF SITE:
Cont’d
LOT VIEWS
Page 199 of 340 29. DESCRIPTION AND ANALYSIS OF SITE:
Cont’d
WATERFRONT VIEWS
Page 200 of 340 30. ZONING:
Cont’d The subject is zoned RU – Rural and EP – Environmental Protection under the
Township of South Frontenac. SECTION 7 - RU - RURAL ZONE 7.1 Within an RU- Rural Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 7.2 PERMITTED USES
agricultural uses, including a livestock facility and intensive agricultural uses,
conservation uses, including reforestation and other activities connected with the conservation of soil or wildlife,
wood lots,
wayside pits and wayside quarries,
open space use,
a kennel,
an apiary,
a riding club,
a greenhouse,
a cold storage warehouse,
a grain drying facility,
a hobby farm,
a livestock assembly area or a livestock exchange,
an agricultural sales barn,
a veterinary clinic,
a research facility,
a single detached dwelling,
a dock, subject to approval from the appropriate authority,
accessory buildings or uses to the above uses, including a single detached dwelling as an accessory use to agriculture,
a home occupation, in accordance with the provisions of Section 5.28 of this By-law,
a home industry, in accordance with the provisions of Section 5.29 of this By-law,
Page 201 of 340 31. ZONING:
Cont’d an agricultural produce sales outlet.
7.3 ZONE REGULATIONS 7.3.2 For Single Detached Residential Uses:
Lot Area (Minimum)
8000 sq. metres (86,114.1 sq. ft.)
Lot Frontage (Minimum)
76 metres (250 ft.)
Front Yard (Minimum)
20 metres (65.6 ft.)
Rear Yard (Minimum)
10 metres (32.8 ft.)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
Exterior Side Yard (Minimum)
10 metres (32.8 ft.)
Gross Floor Area (Minimum)
59 sq. metres (635.1 sq. ft.)
Lot Coverage (Maximum)
20 percent
Building Height (Maximum)
11 metres (36.1 ft.)
Off-street parking shall be provided in accordance with Section 5.30.
Rear Yard (Minimum) for Accessory Buildings
Interior Side Yard (Minimum) for Accessory Buildings
3 metres (9.8 ft.) 3 metres (9.8 ft.)
Exterior Side Yard (Minimum) for Accessory Buildings 20 metres (65.6 ft.)
Building Height for Accessory Buildings
6 metres (19.7 ft.)
Setback from Highwater Mark (Minimum)
30 metres (98.4 ft.)
SECTION 32 - EP - ENVIRONMENTAL PROTECTION ZONE 32.1 Within an EP - Environmental Protection Zone, no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. Only lands which have been identified as provincially significant wetlands or where an engineered floodline has been established have been zoned Environmental Protection. All other lands which should be protected for their environmental value shall be developed in accordance with Section 5.37 of this bylaw. 32.3 PERMITTED USES
existing agricultural uses,
a conservation use excluding any buildings,
Page 202 of 340 32. ZONING:
Cont’d
a use that was in existence on or before the date of passage of the Official Plan,
a building or structure required by a public authority for flood or erosion control or for conservation or wildlife management purposes,
accessory uses to the above uses, excluding any buildings,
docks, subject to approval of the appropriate authority.
32.3 ZONE REGULATIONS
All applications for development adjacent to EP lands shall be dealt with on a site-bysite basis, at the time of application.
Additional zone regulations shall be established by Council at the time of application in consultation with the Conservation Authority, the Ministry of Natural Resources and/or the Canadian Parks Service.
The minimum separation distance between uses and EP lands shall be 30 metres (98.4 ft.).
The appropriate setbacks from the high water mark of any lake, river, creek, stream or wetland shall be established by Council at the time of application, in consultation with the Conservation Authority, the Ministry of Natural Resources, and/or the Canadian Parks Service.
SECTION 5.37 - ENVIRONMENTALLY SENSITIVE OVERLAY Environmentally Sensitive Lands identified on the schedules to this by-law include all lands that have significant biological, geological, zoological or other unique natural features such as sensitive groundwater recharge and discharge areas, natural connections between natural heritage features, fish habitat, significant wildlife habitat, significant woodlands, significant valleylands and areas of natural and scientific interest, as well as all lands within 300 metres of the highwater mark of highly sensitive lake trout lakes and 90 metres of the highwater mark of any other waterbody, 50 metres from Significant Areas of Natural and Scientific Interest and significant portions of the habitat of an endangered or threatened species, 30 metres from fish habitat and 120 metres of land zoned Environmental Protection. Development or site alteration in these areas shall take place in accordance with the underlying zone requirements but shall be accompanied by the written approval and technical recommendations of the Conservation Authority having jurisdiction.
Page 203 of 340 33. ZONING:
Cont’d
An Environmental Impact Assessment shall accompany all development or site alteration applications. An Environmental Impact Assessment will consist of:
a description of the proposed development, its purpose including site planning details, a general locational map, proposed buildings, existing land uses and details showing the existing vegetation, site topography, drainage, soils and fish and wildlife habitat areas.
a description of the negative impacts that will be caused or which might reasonably be expected to be caused to the environment and the ecological functions and features associated with the feature;
description of the negative impacts the proposed development will have on fish habitat including water quality requirements or effect on other features and functions;
a statement indicating whether negative impacts will result from the proposal and a description of the actions necessary or which might be expected to be necessary to prevent change or to mitigate or remedy the negative impacts which might be expected to occur upon the environment and/or ecological functions and features as a result of the proposed development;
a description of how the mitigative measures will be implemented and/or enforced;
any measures, where deemed appropriate, to monitor the mitigation measures and to assess the long term impacts associated with the proposal.
In areas that are permanently inundated with water, the only permitted uses shall be water oriented recreational activities and docks, provided they do not interfere with conditions necessary for safe boating and navigation and they receive all necessary approval from but not limited to the Conservation Authority, Ministry of Natural Resources or Parks Canada. In addition, riparian habitat, fish habitat and public lands should be considered for all water oriented recreational activities and docks. Landowners are advised to contact the Rideau Canal Office for permission to construct on or over the bed of the Canal or the relevant Conservation Authority and Ministry of Natural Resources for all other waterbodies in the Township. The subject property is considered to be legal conforming under the current zoning classification. The Rural zoning classification permits residential development along with greenhouses, hobby farms, and riding clubs. No improvements are permitted on the Environmental Protection lands.
Page 204 of 340 34. ZONING:
Cont’d
ZONING MAP
Page 205 of 340 35. OFFICIAL PLAN The subject is designated Rural, with areas of Environmental Protection under the Township of South Frontenac Official Plan. 5.7
RURAL Lands designated Rural are characterized by a rural landscape which reinforces the historical relationship between the Settlement Areas and the surrounding farm, rural and seasonal residential communities to which the Settlement Areas provide basic services. The amount and type of development in the Rural area shall be consistent with maintaining its rural, natural heritage and cultural landscape. Development within the Rural designation shall be serviced in accordance with Section 6.10 of this Plan. In areas which are not serviced with municipal water and/or sewer services, lot creation will only be permitted if the proposed development can be supported by the type of servicing being proposed. The predominant use of land in the Rural designation shall be for agricultural; aquaculture; open space; conservation; limited service residential; recreational; community facility and rurally oriented non-farm residential; group homes established in accordance with the provisions of Section 6.5; commercial and industrial and bed and breakfast and home occupation uses. The policies directing the development of these uses set out in the Addendum to this report.
Rural Open Space Policies i.
Permitted Uses The uses permitted include conservation and passive recreational uses including public and private parks, picnic areas, recreational trails, hunting camps and similar open space activities.
Page 206 of 340 36. OFFICIAL PLAN: ii.
Cont’d
Rural Open Space Development Policies a) Open space uses shall occur on lots of an appropriate size for a specific open space use and where applicable, the lot shall be of sufficient size to support private water and sanitary sewage disposal systems. b) Adequate off-street parking areas shall be established in a manner complementary to the landscape features of the area. Access points to parking areas and open space areas generally shall be located in such a way that the external and internal road pattern provides for the adequate and safe movement of vehicular and pedestrian traffic. c) Severances for open space uses may be permitted in accordance with Section 7, Lot Creation policies of this Plan and provided the size and shape of the property is appropriate for the proposed open space use. iii.
Zoning Open Space uses shall be zoned in a separate category in the implementing zoning by-law.
Rural Residential Policies (excluding Limited Service Residential) It is the general intent of this Plan that the majority of permanent non-agricultural residential development be encouraged to locate in the Township’s Settlement Areas. However, limited non-agricultural residential development may also be permitted within the Rural area so as to provide a variety of living accommodation for the residents of the Township. Subdivisions and severances to permit new residential uses shall be appropriately separated from incompatible agricultural areas, existing and proposed waste disposal, mineral extraction site and resource areas, natural heritage features and areas and natural hazards. i.
Permitted Uses Rural residential development including group homes established in accordance with the provisions of Section 6.5, home occupations and home industries may be permitted in the form of single detached dwellings developed on lots created by plan of subdivision or severance by the Committee of Adjustment in accordance with the policies of this Plan.
Page 207 of 340 37. OFFICIAL PLAN: ii.
Cont’d
Development Policies a. The frontage, size and shape of any lot for rural residential purposes created through the severance approval process shall be appropriate for the proposed use and shall conform with the provisions of the zoning by-law. As a rule, the minimum lot size shall be 0.8 hectares (2 acres) with 76 metres (250 ft.) of frontage on a public road for non-waterfront lots and I hectare (2.5 acres) with 76 metres (250 ft.) of frontage on a public road and 91 metres (300 ft.) of water frontage for waterfront lots. The municipality may consider reductions to the minimum lot size and frontage requirements provided the overall intent of the Plan is maintained. b. Rural residential development shall be serviced by private water and sanitary sewage disposal systems approved by the appropriate authority. c. New lots for rural residential purposes should be created by plan of subdivision in accordance with lot creation policies included in Section 7 of this Plan. However, a maximum of three rural residential severances may be permitted from a lot existing on the day of adoption of this Plan by Council in accordance with the lot creation policies of Section 7 of this Plan when the consent approval authority is satisfied that a plan of subdivision is not warranted. Any proposal which would create more than three new lots (three plus a retained) from a lot existing on the day of adoption of this Plan shall only be considered by plan of subdivision. d. All new rural residential lots shall have public road frontage.
5.2
ENVIRONMENTAL PROTECTION The Environmental Protection designation applies to lands which play an important role in the preservation of the Township’s natural heritage systems including wetlands, watercourses and lakes and significant portions of the habitat of threatened or endangered species. This designation includes natural hazard lands which may pose a threat to life and property because of inherent physiographic characteristics such as floodplains, erosion hazards, poor drainage, organic soil, steep slopes or other similar physical limitations.
Page 208 of 340 38. OFFICIAL PLAN:
Cont’d
An Environmentally Sensitive Areas overlay identifies lands which should be developed in an environmentally sensitive manner and/or protected and preserved in the long term. Such lands are described as Environmentally Sensitive Areas and include lands identified to have significant biological, geological, zoological or other unique natural features such as sensitive groundwater recharge and discharge areas, natural connections between natural heritage features, fish habitat, significant wildlife habitat, significant woodlands, significant valleylands and areas of natural and scientific interest. The Environmentally Sensitive Areas also include all lands adjacent to all Township lakes because of the potential impact development may have on water quality and fish habitat. With respect to fish habitat, adjacent lands will be 30 metres (98.4 feet), for Areas of Natural and Scientific Interest, adjacent lands will be 50 metres (164 feet). For other natural Heritage features and areas, an appropriate adjacent lands width will be incorporated into the Plan once these features have been identified. Development of Environmentally Sensitive Areas may be permitted in accordance with the underlying land use designation while having regard to the policies of this Plan including Section 5.2.7. i. Uses Permitted The uses permitted on lands designated Environmental Protection are limited to agriculture, conservation, wildlife management, research, education, appropriate passive recreational uses and public or private open space. Buildings, structures or works associated with agriculture, excluding residences, flood or erosion control, water course protection or bank stabilization may be permitted. However, no development or site alterations shall be permitted within significant portions of threatened or endangered species or within a Provincially Significant Wetland although existing agricultural uses will be permitted and allowed to continue. ii. Environmental Protection Boundaries The boundaries of the Environmental Protection designation have been established by air photo interpretation, site inspections, input from the Conservation Authorities and the Ministry of Natural Resources, evaluated wetland mapping and by reference to the engineered flood plain mapping for portions of the Napanee Region and Cataraqui Region watersheds (the Rideau Valley Conservation Authority has no engineered floodline
Page 209 of 340 39. OFFICIAL PLAN:
Cont’d
mapping in the Township). When additional information on the natural heritage or natural hazard features, wetland mapping or floodline mapping becomes available, this Official Plan and the Zoning By-law shall be amended accordingly. The boundaries of the Environmental Protection designation will serve as the basis for the implementing Zoning By-law. Minor changes to the boundaries of these designations may be considered by Council in consultation with the relevant Conservation Authority and the Ministry of Natural Resources without an amendment to the Official Plan provided the proposed use would be permitted in the adjacent designation and the overall intent of the Plan is maintained. An amendment to the Zoning By-law may be required. In reviewing such changes, consideration will be given to the following matters: a. the potential impacts of the proposed development on the environmental feature or adjacent land; b. a description of the potential negative impacts of the proposed development or site alteration or the environmental feature and its ecological functions; c. the proposed methods by which the environmental feature may be protected in a manner consistent with accepted resource management practices; and d. the costs and benefits of any works or resource management practices needed to protect the environmental feature. There is no obligation, however, to change the designation or zoning of any areas shown as Environmental Protection, if there would be negative impacts on the environmental feature or if the environmental constraint would be difficult or costly to overcome. iii. Flood Plains Development and site alterations will not be permitted within defined portions of the one in one hundred year floodplain. Engineered Flood Plain mapping has been completed for portions of the Township. Where Engineered Flood Plain mapping is approved by the appropriate authority and the necessary regulations have been adopted, the following requirements shall apply.
Page 210 of 340 40. OFFICIAL PLAN:
Cont’d
a. The erection of new buildings or structures, the removal or placing of fill and/or alterations to waterways in areas regulated will not be permitted without the prior approval of the appropriate authority. b. Where a major alteration is necessary to overcome the hazards within an engineered Flood Plain, an amendment to this Plan will be required. c. An amendment to this Plan will not be required for minor filling within the Flood Plain, provided the appropriate authority approves of such alteration. d. In the absence of detailed floodplain mapping or flood elevations, the boundaries of the lands within the engineered floodplain and designated as Environmental Protection on the Land Use Schedules shall be used as guides for the preparation of the zoning by-law provisions which will implement the policies of this section. e. In the absence of detailed floodplain mapping, and where a flooding hazard is suspected, Council, in consultation with the local Conservation Authority, will require that a proponent detail the extent of any hazard lands and the measures that would be required to address the following requirements: i.
that vehicles and people have a way of safely entering and exiting the area during times of flooding, erosion and other emergencies;
ii.
that new hazards are not created and existing hazards are not aggravated and that no adverse environmental impacts result;
iii.
that the hazards can be safely addressed and carried out using established standards and procedures and the Conservation Authority has approved any floodproofing measures which are proposed;
iv.
that a site plan and site plan agreement, if necessary, have been completed to the satisfaction of the Municipality in consultation with the appropriate Conservation Authority; and
v.
that an amendment to the Zoning By-law setting out any applicable provisions has been obtained where required.
vi. Erosion Hazards The Township will direct development or site alterations away from lands identified by the municipality which may be subject to shoreline erosion hazards. The Township
Page 211 of 340 41. OFFICIAL PLAN:
Cont’d
should consult with the appropriate Conservation Authority with respect to lands that may constitute an erosion hazard. vii. Significant Wetlands ‘W’ Several wetland areas in the Township have been evaluated through the provincial Wetland Evaluation System as being Provincially Significant. Evaluated wetlands that have been classified as provincially significant are designated Environmental Protection and identified by the symbol ‘W’ on the Land Use Schedule. The Township will promote the continued protection of all significant wetlands to maintain and improve water quality, assist in flood control, provide important fish and wildlife habitat and contribute to substantial social and economic benefits which include selected outdoor recreational and tourism related activities. Notwithstanding Section 5.2.1, no development or site alterations shall be permitted within any of the significant wetlands. The Township will zone all provincially significant wetlands as areas for environmental protection and conservation and will encourage protection and conservation of all other wetlands in order to maintain their hydrologic, social, wildlife habitat features and recreational benefits. No new development or site alteration within 120 metres (394 feet) of a provincially significant wetland, nor the expansion or redevelopment of existing development within or adjacent to a provincially significant wetland is permitted unless it has been determined through an Environmental Impact Assessment, completed in accordance with Section 5.2.11 of this plan, that there will be no negative impacts on the natural features or ecological functions of the wetland. Development on existing lots of record which are located within or adjacent to a provincially significant wetland will be permitted, subject to the requirements of Section 5.2.11.
Page 212 of 340 42. OFFICIAL PLAN:
Cont’d
Notwithstanding the above, established agricultural activities are permitted within and adjacent to a provincially significant wetland without an Environmental Impact Assessment. viii. Zoning Environmental Protection areas shall be zoned in a separate classification in the implementing Zoning By-law. ix. Environmentally Sensitive Areas Lands within South Frontenac which abut or are adjacent to the Township’s many lakes and rivers have historically attracted tremendous interest as areas for summer recreation. The obvious appeal of these areas is the beautiful shorelines with their natural aesthetic qualities as well as the superb leisure and recreational opportunities they offer. Over the years, this attraction has led to development of low density seasonal dwellings whose location has evolved in a linear fashion at the shores of the lakes. These dwellings or cottages traditionally functioned solely as secondary residences used on a seasonal basis by their owners, whose principal place or residence was elsewhere. In recent years, there has been pressure in the Township to use waterfront residential properties on a more intensive, multi-season basis. The reasons for this are broad and relate largely to the general population growth experienced in the Township but it may also be attributed to changing lifestyles and better roads and accessibility throughout the municipality. This trend has translated into proposals to enlarge existing lakefront cottages, to create new waterfront lots through the consent process, and to construct increasingly large new dwellings on existing vacant lots and newly-created lots. This has, correspondingly, led to changes in occupancy from secondary or seasonal use to principal or permanent use. As undeveloped waterfront property becomes increasingly scarce; as existing properties become more intensively used; and as pressures mount to permit higher density development; there is a need to ensure that appropriate Official Plan policies are
Page 213 of 340 43. OFFICIAL PLAN:
Cont’d
in place that emphasize the importance of protecting the Township’s waterfront areas’ unique physical, aesthetic, natural and environmental character. Lands in South Frontenac which have unique natural or scientific features and upon which development and site alterations may negatively impact on the natural ecosystem or the aesthetic and natural appeal of the Township’s waterfront are identified as Environmentally Sensitive Areas. These lands include significant wildlife habitat, fish habitat, significant areas of natural and scientific interest, significant woodlands and valleylands as well as all lands within 90 metres (295 feet) of the highwater mark of lakes and rivers and the adjacent land widths identified in Section 5.2 of this Plan. The official plan designation permits a wide variety of land uses, including residential development.
Page 214 of 340 44. OFFICIAL PLAN:
Cont’d
OFFICIAL PLAN MAP
Page 215 of 340 45. HIGHEST AND BEST USE Highest and Best Use is defined as that use which is most likely to produce the greatest net return over a given period of time. Net return may involve net income as from an investment property, or satisfaction and amenities, as from a house. When considering the Highest and Best Use for any property, various factors such as: zoning, official plan, location, size, access, topography, and anticipated demand for the subject are taken into consideration. The subject is located in a rural area approximately 27 km north of Kingston. It is a fairly popular area in the summer months, as Loughborough Lake, and the surrounding lakes, are good quality inland lakes with good recreational utility. The subject site is in close proximately to the City of Kingston and Highway 401. It is an attractive site with good quality waterfront on a popular lake. The subject site’s various zoning classifications permits and the official plan promotes the development of single detached dwellings. Overall, it is our opinion that the Highest and Best Use of the subject, is residential development in accordance with the current zoning by-law. Exposure Period Exposure Period is defined as the estimated length of time a property would have been offered on the market in order to achieve the estimated market value. It is a retrospective analysis. Based on a review of the sales considered in our Direct Comparison Approach and other sales, it is our opinion that the exposure period would be 3 to 12 months. Marketing Period Marketing Period is defined as the period of time from the effective date of the appraisal that would be necessary in order to achieve the estimated market value. It is a prospective analysis. Given current sales and market trends, the anticipated marketing period of the subject would be 3 to 12 months.
Page 216 of 340 46. VALUATION Traditionally, there are three approaches to value:
- The Cost Approach;
- The Income Approach; and
- The Direct Comparison Approach. Wherever possible, all three approaches should be utilized to arrive at a final estimate of market value. The Cost Approach and the Income Approach have not been applied as the subject is vacant land. In our opinion, the only appropriate method of valuation in this case is the Direct Comparison Approach to value, as that is the basis on which vacant land normally properties sell.
Page 217 of 340 47. DIRECT COMPARISON APPROACH The Direct Comparison Approach is a means of valuing a property by comparing the property being appraised to other similar properties which have been sold recently, are listed for sale or have had offers made on them. Listings or offers are not as reliable as actual sales as these are not actual consummated transactions. Listings do, however, indicate an upper limit of value. The underlying premise here is that if the subject property had been offered for sale, it would be competing with those properties to which it is being compared, and being similar in nature would be in the same market. This premise involves the Principle of Substitution which maintains that a prudent buyer will not pay more for a property than it would cost to buy an equally desirable substitute property, provided there is no undue delay in making the acquisition. The reliability of value indications by the Direct Comparison Approach depends largely on the quality of the sales information available and how well the appraiser interprets the information. With good relevant sales comparables, interpreted well, the Direct Comparison Approach is an excellent indication as it reflects the actions of buyers and sellers in the market place. The main weakness of the method is that it is sometimes difficult to find market sales, listings or offers that can logically be compared to the property being appraised. There are five steps in the Direct Comparison Approach. They are: 1)
Survey the area to locate comparable properties (a) that have sold recently; (b) that are currently offered for sale; (c) on which offers have been made recently.
Locate and check pertinent data on each.
Analyze the market data with regard to date of sale, terms of sale, length of time offered, and motivation of buyer and seller, (if any).
Page 218 of 340 48. DIRECT COMPARISON APPROACH: 4)
Cont’d
Compare subject property in detail with each comparable property making adjustments as considered applicable to equate differences.
Correlate the market data and develop an indication of the value of the property by the Direct Comparison Approach. In determining values for the subject property, we have reviewed seven sales of
waterfront lots from the County of Frontenac, Prince Edward County, County of Lennox and Addington and Municipality of Highlands East. Our valuation is based on comparing sales of reasonably similar properties to the subject. In the case of the subject, we have utilized a per acre basis and a per waterfront foot basis. Sale 1 ($1,550,000 / $11,263 per acre / $388 per waterfront foot) Located south of Cherry Valley on the northern shores of Soup Harbour on Lake Ontario. This is considered to be a superior location, being in close proximity to Sandbanks Provincial Park. The site is approximately 132.62 acres with 4,000 feet of waterfront. The lot is zoned A2 – Agricultural and hold an Official Plan designation of Rural & Agricultural. The land is predominately good agricultural land and the shoreline is level and mostly clear. On a per acre basis the sale requires upwards adjustment to reflect the larger site size, and lesser waterfrontage. This is tempered by a downward adjustment to reflect the superior location, being located in Prince Edward County. An additional downwards adjustment is required to reflect the superior waterfront quality Overall the sale requires an upward adjustment on a per acre basis and on an absolute basis. Adjustments Required -
Upwards -
Site Size; Waterfront Quantity
Downwards -
Location; Waterfront Quality
Overall -
Upwards
Page 219 of 340 49. DIRECT COMPARISON APPROACH:
Cont’d
Sale 2 ($1,101,100 / $11,067 per acre / $586 per waterfront foot) Situated in the east basin on the northern shores of Dog Lake. It is located northeast of Battersea off Burnt Hills Road. The 99.49 acre lot is primarily heavily treed with some interior cleared fields. The lot is zoned RU - Rural and has an Official Plan designation of Rural Lands. There is an also single detached family house on site, circa 1900±. On a per acre basis the sale requires upwards adjustments to reflect the slightly larger site size and smaller waterfront size. An additional minor upwards adjustment must be applied to reflect the change in market conditions since the date of sale. This is tempered by a downward adjustment to reflect the on-site improvements. Overall the sale requires an upward adjustment on a per acre basis and on an absolute basis. Adjustments Required -
Upwards -
Site Size (Minor); Waterfront Quantity; Time
Downwards -
Improvements
Overall -
Upwards
Sale 3 ($1,277,000 / $8,949 per acre / $85 per waterfront foot) Located east of Highlands East in Haliburton, on the north side of County Road 118 East. The lot has approximately 15,000 feet of waterfront on Center Lake, however most of the shoreline is difficult to access. The lot is approximately 142.70 acres, zoned RU – Rural & EP – Environmental Protection and has Official Plan designations of Rural and Environmental Protection. The land is a mixture of heavily wooded areas with some cleared space. On a per acre basis the sale requires upwards adjustments to reflect the inferior location, being well north of the subject in the Haliburton area. Additional upwards adjustments are required to reflect the larger site size and inferior waterfront quality. An additional upwards adjustment must be applied to reflect the change in market conditions since the date of sale. This is tempered by a downwards adjustment to reflect greater waterfront quantity.
Page 220 of 340 50. DIRECT COMPARISON APPROACH:
Cont’d
Overall the sale requires an upwards adjustment on a per acre basis and on an absolute basis. Adjustments Required -
Upwards -
Location; Site Size; Waterfront Quality; Time
Downwards -
Waterfront Quantity
Overall -
Upwards
Sale 4 ($2,200,000 / $21,605 per acre / $562 per waterfront foot) Located between Kingston and Gananoque on the south side of County Road 2 with approximately 1,850 feet of waterfront on the St. Lawrence River. It is a 101.83 acre lot that is generally level to gently rolling with mostly open field and trees along the waterfront. It is improved with three single detached dwellings and one detached garage, all of which are in average to good condition. Zoning is A1 – Agricultural & LSR-H – Limited Service Residential and Official Plan is Rural & Environmental Protection. Well and septic system is on-site. On a per acre basis the sale requires upwards adjustments to reflect the larger site size, smaller waterfront size and inferior zoning classification. An additional minor upwards adjustment must be applied to reflect the change in market conditions since the date of sale. This is offset by a downwards adjustment to reflect the superior location, being located within the City of Kingston limits. Additional downwards adjustments are required to reflect the on-site improvements and services (well/septic system). Overall the sale requires a downward adjustment on a per acre basis and an absolute basis. Adjustments Required -
Upwards -
Site Size; Waterfront Quantity; Time; Zoning
Downwards -
Location; Improvements; Services
Overall -
Downwards
Page 221 of 340 51. DIRECT COMPARISON APPROACH:
Cont’d
Sale 5 ($900,000 / $23,898 per acre / $188 per waterfront foot) Situated on the eastern shores of Dog Lake, approximately 25 kilometers north east of Kingston. The site is accessed from Carrying Place. It is smaller than the subject in terms of total site area and waterfrontage, at approximately 37.66 acres and 4,780 feet. Also, It is zoned RU – Rural and RLSW – Limited Service Residential and holds an Official Plan Designation of Rural. The lot is a mixture of treed and cleared areas. Lot improvements include a modest cottage and two slip boathouses. On a per acre basis the sale requires upwards adjustments to reflect the larger site size, smaller waterfront size and inferior zoning classification. An additional upwards adjustment must be applied to reflect the change in market conditions since the date of sale. This is offset by a downward adjustment to reflect the on-site improvements. Overall the sale requires a downward adjustment on a per acre basis. On an absolute basis the sale requires an upward adjustment. Adjustments Required -
Upwards -
Site Size; Waterfront Quantity; Time; Zoning
Downwards -
Improvements
Overall -
Downwards
Sale 6 ($1,850,000 / $24,549 per acre / $338 per waterfront foot) Located north of Kingston, on the south shores of Loughborough Lake in the east basin. The site is approximately 75.36 acres with 5,480 feet of waterfrontage. Included in the total site size is a 0.36 acre, non-buildable island. Approximately 3,000 feet of the shoreline is of good condition, while the remaining is weedy. There is a 500 sq.ft. wharf with a diving boards and an open boat slip. The lands are a mixture of wooded area, apple orchards and pastureland. Zoning is RU1- General Rural and the Official Plan Designation is Rural & Provincially Significant Wetlands. It is improved with a several buildings includes a single detached building, 3-car garage with living quarters, small sleeping cabin, storage barn, horse barn, and boat house. The site is serviced with a well and septic system. The buildings are considered to be of average to good condition.
Page 222 of 340 52. DIRECT COMPARISON APPROACH:
Cont’d
On a per acre basis the sale requires upwards adjustments to reflect the larger site size and the smaller waterfront size. An additional minor upwards adjustment must be applied to reflect the change in market conditions since the date of sale. This is offset by downwards adjustments to reflect the many on-site improvements and the services (well/septic) Overall the sale requires downwards adjustments on a per acre basis. On an absolute basis the sale requires a lesser downwards adjustment. Adjustments Required -
Upwards -
Site Size; Waterfront Quantity; Time
Downwards -
Improvements (Major); Services
Overall -
Downwards
Sale 7 ($2,280,000 / $23,970 per acre / $232 per waterfront foot) Situated on the northern shores of the Bay of Quinte approximately 20 kilometers southwest of Napanee. The lot is approximately 95.12 acres with 9,840 feet of good quality rocky shoreline. The land is a open lands in the interior and wooded areas along the shoreline and some environmentally sensitive wetlands. It is zoned RU – Rural & EP – Environmental Protection and holds and Official Plan designation of Rural. On a per acre basis the sale requires an upwards adjustment for its inferior location, being located south of Napanee. An additional upwards adjustment is required to reflect the change in market conditions since the date of sale. This is offset by a downwards adjustment to reflect the quality of waterfront. Overall the sale requires downwards adjustments on a per acre basis and on an absolute basis. Adjustments Required -
Upwards -
Time; Location
Downwards -
Waterfront Quality
Overall -
Downwards
Page 223 of 340 53. DIRECT COMPARISON APPROACH:
Cont’d
The following chart summarizes the adjustments to the comparable sales on a per acre basis: U = Upwards = Inferior to Subject ADJUSTMENT CHART
D = Downwards = Superior to Subject N = Nil = Equal to Subject
Sale #
1
2
3
4
5
6
7
Time
N
U
U
U
U
U
U
Location
D
N
U
D
N
N
U
Size
U
U (Minor)
U
U
U
U
N
Waterfront Quality
D
N
U
N
N
N
D
Waterfront Quantity
U
U
D
U
U
U
N
Configuration
N
N
N
N
N
N
N
Improvements
N
D
N
D
D
D (Major)
N
Services
N
N
N
D
N
D
N
Zoning
N
N
N
U
U
N
N
Official Plan
N
N
N
N
N
N
N
Motivational
N
N
N
N
N
N
N
OVERALL
U
U
U
D
D
D
D
Sale Price
$1,550,000
$1,101,100
$1,277,000
$2,200,000
$900,000
$1,850,000
$2,280,000
Sale Price / Acre
$11,263
$11,067
$8,949
$21,605
$23,898
$24,549
$23,970
Sale Price/ WF FT.
$388
$586
$85
$561
$188
$338
$232
Site
The sales range in price from $900,000 (Sale 5) to $2,280,000 (Sale 7) and in price per acre from $8,949 (Sale 3) to $24,549 (Sale 6). Sales 2 – 7 require upwards time adjustments to reflect the change in market conditions since the dates of sale. Sales 4 and 5 require upwards adjustments to reflect the inferior zoning classifications. Sales 1 to 3 provide a range of $8,949 to $11,263 per acre. These sales require various upwards adjustment for value influencing characterisers including location, site size and waterfront quantity. These upwards adjustments offset any required downwards adjustments. As such, the per acre value for the subject will fall above Sales 1 and 3’s value per acre.
Page 224 of 340 54. DIRECT COMPARISON APPROACH:
Cont’d
The remaining sales, 4 – 7 provide a fairly close range of $21,605 to $24,549 per acre. All of which are considered to be superior to that of the subject. Furthermore, a value per acre for the subject will fall below Sales 4, 5, 6 & 7’s value per acre. After considering the sales and their various points of difference, it is our opinion that the subject would have a per acre value near well above Sale 1 value of $11,263 and only slightly below Sale 4’s value of $21,605. A per acre value of $18,500 is felt to be well supported as follows: 91.03 Acres x $18,500 = $1,684,055, say ONE MILLION SIX HUNDRED AND EIGHTY-FIVE THOUSAND DOLLARS ($1,685,000) This equates to a per waterfront foot value of $174, which is supported by the comparable sales after the points of difference have been considered.
Page 225 of 340 55. DIRECT COMPARISON APPROACH:
Cont’d
DIRECT COMPARISON SUMMARY CHART Direct Comparable
1
2
3
4
MLS#
10611
10145
11365
9980
PIN#
550780076
362880725;0603;05 71
392480377; 0458; 392430239; 0236
363080211/0212
Date of Sale
April 07,2016
May 27,2015
February 27,2015
December 22,2014
Address
Welbanks Road, Cherry Valley, Ontario
61 Osborne Lane, Battersea, Ontario
Highway 118 East, Haliburton, Ontario
3719 - 3759 County Road 2, Kingston, Ontario
Lot Area
137.62 Acres
99.49 Acres
142.70 Acres
101.83 Acres
Waterfront (Ft.)
4,000 Feet±
1,879 Feet±
15,000 Feet±
1,850 Feet±
Zoning
A2 - Agricultural
RU - Rural
RU, EP - Rural, Environmental Protection
A1, LSR-H Agricultural, Limited Service Residential
Sale Price
$1,550,000
$1,101,100
$1,277,000
$2,200,000
Sale Price/Acre
$11,263
$11,067
$8,949
$21,605
Sale Price/Wf ft.
$288
$586
$85
$562
Direct Comparable
5
6
7
SUBJECT
MLS#
9751
9736
9348
PIN#
362960084/0116; 362880461
362910877/0234
451020839
Date of Sale
July 10,2014
May 14,2014
August 29,2013
Address
1546 Pine Point Road, Battersea, Ontario
3371 Lakeside Road, Inverary, Ontario
Staples Lane, Napanee, Ontario
Johnston Point Lane, South Frontenac Township, Ontario
Lot Area
37.66 Acres
75.36 Acres
95.12 Acres
91.03 Acres±
Waterfront (Ft.)
4,781 Feet±
3,000 Feet±
9,840 Feet±
9,465 Feet±
Zoning
RU and RLSW - Rural and Limited Service Residential Waterfrontage
RU1 - General Rural
RU, EP - Rural, Environmental Protection
RLS, RLSW, OPS & EP- Limited Service Residential, Limited Service Residential Waterfrontage, Open Space – Private Zone, Environmental Protection
Sale Price
$900,000
$1,850,000
$2,280,000
Sale Price/Acre
$23,898
$24,549
$23,970
Sale Price/Wf ft.
$188
$388
$232
Page 226 of 340 56. Cont’d
DIRECT COMPARISON SALES MAP
DIRECT COMPARISON APPROACH:
Page 227 of 340 57. DIRECT COMPARISON APPROACH:
Cont’d
Page 228 of 340 58. DIRECT COMPARISON APPROACH:
Cont’d
Direct Comparable
1
MLS#
10611
PIN#
550780076
Date of Sale
April 07, 2016
Address
Welbanks Road, Cherry Valley, Ontario
Legal Description Lot Dimensions
Part Lots 18-20, Concession 2, South Side of East Lake, Athol as in PE77347 (Parcel 2), Hallowell, Prince Edward County 4,000.00 WF Ft x Irregular
Lot Area
137.62 Acres
Waterfrontage
4,000 Feet
Zoning
A2 - Agricultural
Vendor
ESTATE OF DOUGLAS WELBANKS
Purchaser
FOURWARD HOLDINGS INC.
Sale Price
$1,550,000
Sale Price/ Acre
$11,263
Sale Price / Waterfront Foot
$388
Comments
Located south of Cherry Valley on the north shore of Soup Harbour, Lake Ontario, at the foot of Welbanks Road, near the Sandbanks Provincial Park. Site is generally rectangular in shape, and has considerable frontage on the bay. It is accessed via County Road 18 and Welbanks Road. Land is level to the shoreline, mostly clear, and is good agricultural land, planted in crops at time of sale. Cash sale.
Page 229 of 340 59. DIRECT COMPARISON APPROACH:
Cont’d
Direct Comparable
2
MLS#
10145
PIN#
362880725;0603;0571
Date of Sale
May 27, 2015
Address
61 Osborne Lane, Battersea, Ontario
Legal Description
Lot Dimensions
Part Lots 18 to 21, Part road allowance between Lots 18 and 19, Concession 10; Part Lots 19 and 20, Concession 9; Storrington District; Township of South Frontenac; Frontenac County (Parts 1,2,7, 20, 21 and 22, 13R-12351; Parts 1 to 3, 13R-14959; Part 2, 13R-15896; Part 2, 13R-17492; subject to easements; see deed) 1,880.00 WF Ft x Irregular
Lot Area
99.49 Acres
Waterfrontage
1,879 Feet
Zoning
RU - Rural
Vendor
RICHARD PAUKSTATIS
Purchaser
2290998 ONTARIO INC.
Sale Price
$1,101,100
Sale Price/ Acre
$11,067
Sale Price/ Waterfront Foot
$586
Comments
Located northeast of Battersea via the Burnt Hills Road, on a point of land on the north side of the east basin of Dog Lake. Site is a large irregular shaped parcel with frontage on 2 bays of the lake - one on the north side of the point and the other on the south side. The lot also has frontage along the south side of Burnt Hills Road. In addition to Osborne Lane (1,880 feet frontage), there is also Anncliff Lane and Christel Lane within the parcel, which are developed with some year round waterfront homes. There is also an older (1900) single family detached house on the site. Heavily treed parcel for the most part, with some interior, clear field areas as well. Waterfront frontage as per MPAC.
Page 230 of 340 60. DIRECT COMPARISON APPROACH:
Cont’d
Direct Comparable
3
MLS#
11365
PIN#
392480377; 0458; 392430239; 0236
Date of Sale
February 27, 2015
Address
Highway 118 East, Haliburton, Ontario
Legal Description
Lot Dimensions
Part Lot 27-30, Concession 12, Cardiff, As in H270238, SRO Municipality of Highlands East, Lot 29-30, Concession 13, Cardiff, Lot 30-32, Concession 14, Cardiff, Part Lot 27-28 and 31, Concession 13, Cardiff, Part Lot 26-29, Concession 14, Cardiff, Municipality of Highlands East Ft x Irregular
Lot Area
142.70 Acres
Waterfrontage
15,000 Feet
Zoning
RU, EP - Rural, Environmental Protection
Vendor
2078824 ONTARIO INC
Purchaser
9184384 CANADA INC.
Sale Price
$1,277,000
Sale Price/ Acre
$8,949
Sale Price/ Waterfront Foot
$85
Comments
Located on the north side of County Road 118 East in the Municipality of Highlands East in Haliburton. It is the sale of four PIN’s that total approximately 142.70 acres with approximately 15,000 feet of waterfront on Centre Lake. Most of the waterfront is difficult to access, being set back far from the road. Vendor is proposing to develop the land with a subdivision of cottages.
Page 231 of 340 61. DIRECT COMPARISON APPROACH:
Cont’d
Direct Comparable
4
MLS#
9980
PIN#
363080211/0212
Date of Sale
December 22, 2014
Address
3719 - 3759 County Road 2, Kingston, Ontario
Legal Description Lot Dimensions
Part Lots 29 and 30, Concession 2; Part Lots 29 and 30, Concession 3, Pittsburgh District; City of Kingston; Frontenac County 1,850.00 Ft x Irregular
Lot Area
101.83 Acres
Waterfrontage
1,850 Feet
Zoning
A1, LSR-H - Agricultural, Limited Service Residential
Vendor
LAFARGE CANADA INC.
Purchaser
GRIZZLY HOLDINGS (ASHTON) INC.
Sale Price
$2,200,000
Sale Price/ Acre
$21,605
Sale Price/ Waterfront Foot
$562
Comments
Located approximately 10 miles east of Kingston, east of Grass Creek Park on Bateau Channel, along the south side of County Road 2 between Turcott Road and Sandy Beach Lane. Site is comprised of 2 PINs. PIN 36308-0211 is a near rectangular parcel, with width throughout, generally level to gently rolling, with mostly open fields and trees along the waterfront. PIN 36308-0212 is a triangular shaped parcel of 5.094 acres along the south side of County Road 2, improved with three houses: 1) a 1938 1,250 sq.ft. bungalow in average condition; 2) an older 1,552 sq.ft. 1.5 storey single family with detached double garage, renovated and restored; 3) a 1.5 storey 1,113 sq.ft. house in good condition. Each has a well and septic system as well as hydro etc. The parcels are separated by an unopened road allowance. A driveway from the road to the waterfront (west end of site) provides access to an improved property along the waterfront that is not part of the subject property. Cash sale. Vendor owns an active quarry property along the north side of County Road 2.
Page 232 of 340 62. DIRECT COMPARISON APPROACH:
Cont’d
Direct Comparable
5
MLS#
9751
PIN#
362960084/0116; 362880461
Date of Sale
July 10, 2014
Address
1546 Pine Point Road, Battersea, Ontario
Legal Description Lot Dimensions
Part Lots 18-19, Concession 8, Part Lots 19-20, Concession 9, Storrington, Township of South Frontenac, Frontenac County 4,780.00 WF Ft x Irregular
Lot Area
37.66 Acres
Waterfrontage
4,750 Feet
Zoning
RU AND RLSW - Rural and Limited Service Residential
Vendor
STEVEN LOUIS NICKMAN
Purchaser Sale Price
1324789 ONTARIO INC. AND MAGENTA WATERFRONT DEVELOPMENT CORPORATION $900,000
Sale Price/ Acre
$23,898
Sale Price/ Waterfront Foot
$188
Comments
Located approximately 25 miles northeast of Kingston, along the east shore of Dog Lake. Site can be accessed via Battersea Road or County Road 15, Burnt Hills Road and Carrying Place Road, via a right of way from the township road. Dog Lake is a popular recreational lake for boating, swimming and fishing etc., and is linked to the Rideau system. This location is on Long Reach, where the lake narrows somewhat between its north and south basins. Melody Lodge, a long established fishing lodge, is in to the east on Cranberry Lake. The property consists of 3 PINs naturally severed by unopened road allowances and encompasses an entire point, resulting in considerable shoreline on 3 sides. The bay area to the south and east of point is known as Fiddlers Elbow. Pin 36296-0116 is a vacant waterfront parcel of 25.4 acres; Pin 36296-0084 is 10.4 acre waterfront lot a long distance in from the road, and is improved with a modest cottage and two slip boathouse with guest accommodation. Pin 36288-0461 is a vacant 2.43 acre lot. Condition of the cottage was unknown at the time of sale, which was a private, cash sale. A $1,200,000 mortgage was taken out with Magenta Capital Corporation for a one year term at an interest rate of 7.99%; and a second $300,000 mortgage with Heiotrope Investment Corporation at an interest rate of 14.99% also for a one year term.
Page 233 of 340 63. DIRECT COMPARISON APPROACH:
Cont’d
Direct Comparable
6
MLS#
9736
PIN#
362910877/0234
Date of Sale
May 14, 2014
Address
3371 Lakeside Road, Inverary, Ontario
Legal Description
Lot Dimensions
Part Lots 22-24, Concession 5, Storrington District, Township of South Frontenac, Frontenac County (Part 1, 13R-13242; Part 1, 13R-18844 except Part 1, 13R-20012) 5,480.00 WF Ft x Irregular
Lot Area
75.36 Acres
Waterfrontage
3,000 Feet
Zoning
RU1 - General Rural
Vendor
ALEXANDER SELLERS
Purchaser
STELLA HIEMSTRA
Sale Price
$1,850,000
Sale Price/ Acre
$24,549
Sale Price/ Waterfront Foot
$388
Comments
Located north of Kingston on the south shore of Loughborough Lake towards its eastern end. Site is comprised of a 75 acre mainland parcel with 5,480 feet of shoreline, and a .36 acre island, a non-buildable lot. Approximately 3,000 feet of the waterfrontage is good, while the eastern end is shallow and weedy. Land is gently rolling and has wooded area, apple orchards and pastureland. Nicely landscaped around improvements. Access is good throughout with several laneways. Services include hydro, telephone, well and septic system. The mainland parcel is improved as a waterfront estate with a 3,685 sq.ft. single family residence, a studio building/3 car garage with a 1,712 sq.ft. second floor guest quarters, a small sleeping cabin, a 2,575 sq.ft. storage barn, a 1,373 sq.ft. horse barn with fenced paddock, a 967 sq.ft. boathouse, and a pumphouse. Main house has had recent upgrades that include all new windows, new insulation and wood siding, new roof, new screened-in porch, and new furnaces with back-up wood-fired boiler. The studio building has been winterized and renovated on the second floor, new board and batten siding was installed, a new septic bed was installed, and in-floor heating was added to a portion of the ground floor. In the boathouse, a new concrete floor was installed. Other waterfront improvements include a 512 sq.ft. wharf, diving boards, and an open boat slip with concrete plank roof. Buildings are well constructed and maintained.
Page 234 of 340 64. DIRECT COMPARISON APPROACH:
Cont’d
Direct Comparable
7
MLS#
9348
PIN#
451020839
Date of Sale
August 29, 2013
Address
Staples Lane, Napanee, Ontario
Legal Description Lot Dimensions
Lot B, Concession 3, Adolphustown, Town of Greater Napanee, County of Lennox and Addington 9,840.00 WF Ft x Irregular
Lot Area
95.12 Acres
Waterfrontage
9,840 Feet
Zoning
RU, EP - Rural, Environmental Protection
Vendor
CHRISTINA CHARLTON
Purchaser
STEWART ALLEN
Sale Price
$2,280,000
Sale Price/ Acre
$23,970
Sale Price/ Waterfront Foot
$232
Comments
Located on the Bay of Quinte, at the end of Staples Lane approximately 20 km southwest of Napanee via the South Shore Road and Thompson Point Road. Access is somewhat difficult due to physical characteristics of gravelled roads Thompson Point Road (along the south shore of Hay Bay), and Staples Lane. Immediate vicinity is a mixture of wooded areas and marginal farmland, with sparse development of year round homes, seasonal residences, and farms. Site is a point of land projecting into Hay Bay, and is a mixture of open lands in the interior along with wooded areas along the shoreline. It had been farmed by a tenant farmer. Site has extensive good quality, rocky shoreline that is fairly level and accessible. Along the northern shoreline at the very western tip, there are areas of environmentally sensitive wetlands (approximately 700-800 feet of shoreline). Site is not serviced hydro runs down Staples Lane. The parcel is an ideal development site, with minimal road construction required for maximizing the number of waterfront lots. Sold under Power of Sale.
Page 235 of 340 65. CERTIFICATION We hereby certify that, to the best of our knowledge and belief, 1.
The statements of fact contained in this report are true and correct and have been verified, where possible and that all matters affecting value have been considered.
The analyses, opinions and conclusions reported herein are our personal and unbiased views and are limited only by the Assumptions and Limited Conditions contained herein.
We have no past, present or contemplated future interest in the real estate which is the object of this report and that we have no personal interest or bias with respect to the parties involved.
Our compensation is not contingent upon any action or event resulting from the analyses, opinions or conclusions in, or the use of this report.
Our analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Canadian Uniform Standards of Professional Appraisal Practice and with the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute of Canada.
The Appraisal Institute of Canada has a Mandatory Recertification Program for designated members. As of the date of this report, we have fulfilled the requirements of the program.
We have the knowledge and experience to complete the assignment competently.
The property was personally inspected on October 24st, 2019 (as well as at other times during the course of our investigations and analysis).
This report sets forth all of the Assumptions and Limiting Conditions affecting the analyses, opinions and conclusions contained herein.
In our considered and professional opinion, the hypothetical market value of the subject lands on Johnston Point Lane, South Frontenac, Ontario, as of June 27th, 2016 is $1,685,000. S. RAYNER & ASSOCIATES LTD.
Stephen Rayner, AACI General Manager Date: November 5th, 2019
Alec Cameron, AIC Candidate Member Associate Appraiser
Page 236 of 340 66. QUALIFICATIONS STEPHEN RAYNER, AACI President & General Manager
.
S. Rayner & Associates Ltd.
Designations
.
AACI - Appraisal Institute of Canada
.
The Appraisal Institute of Canada has a mandatory recertification program, under which I am currently recertified.
.
Appraisal Institute of Canada (former Kingston Chapter Chairman) Ontario Real Estate Association Chamber of Commerce Environment Canada Ecogift Program ad hoc Reviewer
Member
. . .
Real Estate Experience
.
1972-1980 - The Great West Life Assurance Company - various positions with mortgage and real estate division across Canada. Most recent position was as Manager B.C. Property Investments, responsible for all mortgage and real estate investments in B.C. Experience included appraisals on all types of properties, feasibility studies and real estate development.
.
1980-present - General Research & Evaluation/S. Rayner & Associates Ltd. Experience includes all types of Appraisal Assignments, feasibility studies and court work.
.
Testified as Expert Witness before: Ontario Municipal Board; Supreme Court of Ontario; Divisional Court; Assessment Review Board; Bureau de Revision (Quebec); Arbitration Hearings; Land Compensation Board.
Page 237 of 340 67. QUALIFICATIONS ALEXANDER CAMERON, AIC CANDIDATE MEMBER Associate Appraiser
S. Rayner & Associates Ltd.
Designation
AIC Candidate Member
Member
Appraisal Institute of Canada
Real Estate Experience
October, 2018 to Present S. Rayner & Associates Ltd. – Kingston Inspection and analysis of commercial properties and completion of Short Narrative and Narrative reports
June, 2015 to August, 2018 S.W Irvine and Associates – Guelph Inspection and analysis of residential properties and completion of Form reports
August, 2015 to Present Enrolled in University of British Columbia and the Appraisal Institute of Canada’s Real Property Valuation Program (Post-Graduate Certificate)
April, 2015 Obtained a Bachelor of Commerce at The University of Guelph specializing in Real Estate and Housing
Education/Recent Courses
Major Assignments Assisted On
Apartment buildings featuring solar panels, Kingston
Waterlot, Kingston Harbour
OPP Station, Kingston Area
Mixed Use properties, Kingston & Area
Campgrounds and Resorts, Kingston Area
Page 238 of 340 68. PARTIAL LIST OF CLIENTS GOVERNMENT
Canada Mortgage & Housing Corporation Corporation of the Town of Perth City of Kingston County of Peterborough Hydro Quebec Indian and Northern Affairs Canada
FINANCIAL INSTITUTIONS
Bank of Montreal BDC TD/Canada Trust Canadian Imperial Bank of Commerce Crown Life Assurance Company Household Realty Corporation Ltd. HSBC Interbay Funding Corp. Laurentian Bank of Canada Scotia Trust Company Manulife Mutual Life Assurance Company National Trust National Bank of Canada Royal Trust Company Royal Bank of Canada RoyNat Inc. Scotia Bank Standard Life Insurance Company The Great-West Life Assurance Company; Toronto Dominion Bank Trans Canada Credit Genworth
Township of South Frontenac Ontario Realty Corporation Ministry of Transportation Ontario Ministry of Natural Resources National Capital Commission Hydro One Public Works & Government Services Canada Regional Municipality of Ottawa Carleton Loyalist Township OTHERS
Bell Canada Belson’s Properties Brown’s Fine Foods Central Airways Cornerstone Builders Dacon Corporation Limited Extendicare Limited Greiner-Pacaud Management I.B.M. Canada Limited Kingston General Hospital Kingston Terminal Properties Ltd. Legal, Accounting Firms & Individuals Marathon Realty Company Limited Mort Enterprises Northern Telecom Limited PCA Adjusters Peat, Marwick, Thorne PHH HomEquity Limited Pannell Kerr Forster Queen’s University ReMax Relocation Services Royal Insurance Canada Royal LePage Springer Investments Taylor Chev Olds Cadillac The Equity Centre Belmont Rose Quarry Ducks Unlimited Thousand Islands Heritage Conservatory Rideau Waterway Land Trust Foundation Inc. Heritage Conservancy of Canada Rideau Valley Conservation Authority The Nature Conservancy of Canada Canadian Hydro Developers Waste Management
STAFF REPORT
Page 239 of 340
RECREATION DEPARTMENT
Prepared for Council:
March 3, 2020
Agenda Date:
April 14, 2020
SUBJECT:
2020 Capital Expenditures for Centennial Park Multipurpose Facility
RECOMMENDATION That Council support the motions of both the Recreation and Leisure Facilities Committee and the Community Programming and Events Committee and release the hold on the approved capital funding for a Centennial park Multipurpose Facility. THAT the Recreation and Leisure Facilities Committee support the staff recommendation that that Council release the hold on $100,000 budgeted for the construction of a Multi-Purpose Surface at Centennial Park subject to the South Frontenac Stocksport Club providing a minimum contribution of $15,000 towards the project. And that staff be directed to work on project design specs in preparation to release an RFP with the work commencing spring of 2020. AND THAT the Programming and Events Committee support the staff recommendation that Council release the hold on $100,000 budgeted for the construction of a Multi-Purpose Surface at Centennial Park subject to the South Frontenac Stocksport Club providing a minimum contribution of $15,000 towards the project. And that staff be directed to work on project design specs in preparation to release an RFP with the work commencing spring of 2020. UPDATES: As directed by Council, staff reviewed the proposed Centennial Park Multipurpose Facility with both recreation committees and obtained motions from each recommending to Council that the project move forward. Those motions are listed above and attached. Further, at the request of Council, staff have prepared a design concept of the Centennial Park Multipurpose Facility. In addition to this, Staff can confirm that the South Frontenac Stocksport Club has reached the $15,000 goal and the Township has received the Contribution. Lastly, further uses of the Multipurpose Facility are as follows:
Year-round use by the South Frontenac Stocksport Club Potential site for a Farmer’s Market Vendor space for Canada Day, Dog Agility show, car shows and more Road hockey Basketball Shuffleboard Four square Group yoga or other exercise / fitness activities Potential future site for an outdoor skating rink, which has been on the Community wish list for many years.
“Natural, Vibrant and Growing – a Progressive Rural Leader”
STAFF REPORT
Page 240 of 340
RECREATION DEPARTMENT
BACKGROUND: The Township has received a great deal of interest from the Community for the development of a multipurpose surface that could act as a dedicated space to support the growth of Stockport while providing a multipurpose space for other activities. This was demonstrated through delegations to committees/Council and the results of the 2016 recreation survey. Currently the South Frontenac Stocksport Club is sharing the Net/sport surface at Centennial Park with the local Pickleball Club, drop in basketball and tennis. As part of the 2020 Budget process, Council approved $40,000 for the resurfacing of the Centennial Courts to support the continued use of that space for net sports. The continued shared usage of the Centennial Courts between nets sports and Stocksport is no longer feasible and any resurfacing work on the Centennial Court would have to be put on hold to prevent damage to the new surface until Stocksport is able to utilize a surface that is more appropriate for their sport. ANALYSIS/DISCUSSION: The sport of Stocksport is not only growing locally within South Frontenac but also globally across Canada. This sport is fully accessible to all ages and abilities and will debut in the 2026 Winter Olympics. The South Frontenac Stocksport Club includes a member with Special Needs who has been representing our Community by competing both locally and internationally. The South Frontenac Stocksport Club, which is comprised of many South Frontenac Residents, recently competed at the Americas Cup in Paraguay and some will go on to be members of the 2026 Olympic team. Moreover, having a world-class Stockport facility comes the opportunities for putting the Township on the world stage by the hosting of international competitions. In March the rights to host the next America’s Cup (2021) were determined with Canada being selected as the host Country and an opportunmity for South Frontenac to host the event if the facilities are available. Hosting an event of this magnitude would bring well over 100 athletes and family members to our area and can create financial and recreational boosts within the community. Currently, the South Frontenac Stocksport Club practices in Centennial Park and must share a surface with the Pickleball club. Unfortunately, conflicts often arise surrounding usage and scheduling. As we have heard from both the Pickleball and Stocksport participants, the sports don’t co-exist well on the same space/surface. Both sports are seeing growth from resident and non-resident participation which is creating more need for separate and unique surfaces. While the “stock” or stone used in Stocksport functions on a Pickleball court, it is not the correct surface and is much better suited for use on paver stones. Furthermore, the stocks can damage the pickleball surface, reducing its longevity and increasing the maintenance costs over time. Dedicated Stocksport lanes are low maintenance and can be repurposed for other uses that benefit the Community. A dedicated surface for Stockport would also free up the Centennial nets sport courts for more nets sports (no more booking conflicts). Being a multi-purpose facility, anything from road hockey, basketball, shuffleboard to four square or even a place for folks to come to meet to do group yoga or other exercise / fitness activities could take place there. Vendor space for Canada Day, Dog Agility show, car shows and more are also possible. “Natural, Vibrant and Growing – a Progressive Rural Leader”
STAFF REPORT
Page 241 of 340
RECREATION DEPARTMENT
In future years the surface could be turned into an outdoor skating rink, which has been on the Community wish list for many years. FINANCIAL IMPACTS: Although the South Frontenac Stocksport Club indicated that they hope to raise between $20,000 - $25,000 towards the project, staff felt that their commitment of fundraising $15,000 by the spring of 2020 was an equitable minimum requirement so that the project can be initiated this spring. Staff also feels that this contribution is appropriate given the multipurpose nature of the facility, the economic benefits of hosting National tournaments and the fact that other recreation facility upgrades will take place in 2020 without the need for donations from benefitting groups. Update: The South Frontenac Stocksport Club has reached its $15,000 goal and the Township has received the Contribution.
Attachments:
Motion of the Recreation and Leisure Facilities Committee Motion of the Community Programming and Events Committee Concept design of Centennial Park Multipurpose Facility
Submitted/approved by:
Prepared by:
Mark Segsworth Director of Public Services
Tim Laprade Arena/Recreation Supervisor
Approved by: Neil Carbone CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
POSSIBLE LOCATION FOR CONCESSIONS
14 M ( 46 FT )
STOCKSPORT PLAYING FACILITY
PLAN SHOWING 3 PLAYING
32 M ( 105 FT )
SURFACES FOR STOCKSPORT
SIDE ELEVATION
END ELEVATION
MIKAELA HUGHES ARCHITECT
CONCEPT DRAWING
CENTENNIAL PARK MULTIPURPOSE PAVILLION
Feb 9, 2020
Page 242 of 340
TOWNSHIP OF SOUTH FRONTENAC
STOCK SPORT
PUBLIC SKATING
TOWNSHIP OF SOUTH FRONTENAC MIKAELA HUGHES ARCHITECT
CONCEPT DRAWING
CENTENNIAL PARK MULTIPURPOSE PAVILLION
Page 243 of 340
SOCIAL EVENTS SUCH AS CONCERTS,, MARKETS, AND CELEBRATIONS
Feb 9, 2020
Page 244 of 340
Page 245 of 340
Page 246 of 340
REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT
AGENDA DATE:
April 14, 2020
SUBJECT:
PS-2020-03 Sand/Salt Shed Replacement Fabric
- Hartington Patrol Yard
RECOMMENDATION: That Council accept the bid from Barrett’s Farm & Family Centre in the amount of $83,152.54, excluding HST, for the fabric membrane replacement on the Hartington Sand/Salt Shed. BACKGROUND This Tender was issued on February 25, 2020 on Biddingo as well as advertised on the Township website and in the local paper. The Tender closed on April 1st with the following two bids received: CONTRACTOR
Price excluding HST
Barrett’s Farm & Family Centre
$83,152.54
The Razecon Group
$104,500.00
Barrett’s Farm & Family Centre is a reputable contractor and has provided excellent services to the Township in the past. For this reasons and since the price is within the amount budgeted for this capital purchase in 2020, staff is recommending acceptance of the bid from Barrett’s Farm & Family Centre. FINANCIAL IMPLICATIONS The replacement roof covering project was budgeted at $100,000 in 2020 so there is sufficient funds in the 2020 Capital budget for this project.
Submitted/approved by:
Prepared by:
Mark Segsworth, P. Eng. Public Works Manager
Jamie Brash Supervisor, Facilities/Solid Waste
Approve by: Neil Carbone CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 247 of 340
REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT
AGENDA DATE:
March 3, 2020
SUBJECT:
Contract Extension of RFP FT 2015-01, Consulting Services, Environmental Monitoring and Reporting
RECOMMENDATION: That Council approves an extension to the Township’s existing contract with Cambium Inc. for the monitoring and reporting of the Township’s Waste Disposal Sites (WDS) subject to the terms and conditions contained in the attachment to this report. BACKGROUND: The Township is at the end of its second option year in its contract with Cambium Inc. Staff continues to be very satisfied with the service provided by Cambium and remains confident that extending the contract with will be an asset to the Municipality in the implementation of any changes involving monitoring, reporting and future landfill closures. The company has worked diligently to bring the monitoring of all the WDS to a consistent level of reporting that is compliant with MOECC regulations. The original RFP involved both North and Central Frontenac. North and Central Frontenac’s Councils have already approved an extension with Cambium Inc. FINANCIAL/STAFFING IMPLICATIONS: In addition to the groundwater and surface water monitoring at all five WDS, Cambium’s fees include Annual Reports, meeting attendance, inspections and Council presentations. The yearly price fluctuates with the amount of post-closure monitoring and reporting required for some of the Township’s sites. The table below shows past and future base costs, with the attachment providing more detailed costing.
Year
Base Costs
Year
Base Costs
2015 2016 2017 2018 2019
$75,012 $67,945 $68,145 $79,121 $68,081
2020 2021 2022 2023 2024
$68,150 $73,620 $68,150 $70,518 $76,017
ATTACHMENTS:
2020-24 Cambium Proposal RFP RT 2015-01 Council Report
Submitted/approved by:
Prepared by:
Mark Segsworth PEng. Director of Public Services
Jamie Brash, Supervisor Facilities & Solid Waste
Approved by: Neil Carbone CAO “Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 248 of 340 February 11, 2020 The Corporation of the Township of South Frontenac 2490 Keeley Road, Box 100 Sydenham, Ontario K0H 2T0 via email: msegsworth@southfrontenac.net Environmental Geotechnical Building Sciences Construction Monitoring
Attn: Mr. Mark Segsworth Public Works Manager Re: Consulting Services, Environmental Monitoring and Reporting Cambium Reference No. 8652-001 Dear Mark,
Telephone (866) 217.7900 (705) 742.7900 Facsimile
Cambium Inc. (Cambium) understands that the Township of South Frontenac (Township) requires environmental monitoring for their waste disposal sites (open and closed). This work is essential in maintaining compliance with
(705) 742.7907
Environmental Compliance Approvals for each of the nine waste disposal sites
Website
operated by the Township.
cambium-inc.com Mailing Address P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5
Locations Peterborough Kingston Barrie Oshawa
Laboratory Peterborough
Cambium has been working for the Township since 2015 when the Townships of North, Central, and South Frontenac were looking for efficiencies with respect to their waste disposal site operations, particularly when it came to the costs related to monitoring and reporting for all sites. By having one consultant complete the monitoring and reporting at each of the Township’s sites, efficiencies were able to be recognized. Cambium looks forward to continuing their relationship with the Township and are pleased to provide our proposal for the environmental monitoring and reporting for the Township waste disposal sites.
8652-001
Page 1
Page 249 of 340 February 11, 2020 APPROACH AND METHODOLOGY Cambium will execute the project in a logical and transparent manner within the allocated schedule and budget. All activities will be traceable and understandable and allow Council, staff members, and the public to clearly understand the Environmental
necessity for and status of project activities.
Geotechnical
ENVIRONMENTAL MONITORING
Building Sciences
Cambium has based our proposed work program for the annual monitoring and
Construction Monitoring
reporting on the currently approved and implemented work programs for each site. The environmental monitoring work program will be completed consistent with:
Telephone (866) 217.7900 (705) 742.7900 Facsimile (705) 742.7907 Website cambium-inc.com Mailing Address P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5
Locations Peterborough Kingston Barrie Oshawa
Cambium Standard Operating Procedures Monitoring and Reporting for Waste Disposal Sites Groundwater and Surface Water Technical Guidance Document (MOE, November 2010) Guidance Manual for Landfill Sites Receiving Municipal Waste (MOEE, 1993) Landfill Standards: A Guideline on the Regulatory and Approval Requirements for New or Expanding Landfilling Sites (MOE, January 2012)
All samples will be submitted to an analytical laboratory accredited by CALA and analyzed for the parameters as per site specific requirements. ANNUAL TOPOGRAPHIC SURVEY Our team has extensive experience in surveying and performing volumetric calculations. Once annually, to be completed late in the year, all active sites will be surveyed in order to determine an accurate annual volume change. In
Laboratory Peterborough
addition, this data will be used to update the Site Plan for each site. As part of the surveys, all new or repaired monitoring wells installations will be surveyed to obtain accurate horizontal and vertical locations to update each Site Plan and groundwater flow data for the sites. DATA ANALYSIS Throughout the year, analysis will be reviewed upon receipt following each sampling event, particularly in reference to Site specific triggers. The Township
8652-001
Page 2
Page 250 of 340 February 11, 2020 representative will be contacted to discuss the preliminary results that require immediate attention. REPORTING The results of the monitoring tasks identified in the work program will be Environmental
presented in a comprehensive report as per Ministry requirements. In addition to
Geotechnical
the comprehensive report, Cambium will prepare the Monitoring Screening
Building Sciences
Checklist, as required by the Ministry Monitoring and Reporting for Waste Disposal Sites, Groundwater and Surface Water, Technical Guidance Document
Construction Monitoring
(MOE, 2010). The Report will contain annual environmental monitoring information similar to previous Annual Reports and as required by each respective ECA. Reports will
Telephone (866) 217.7900 (705) 742.7900
include collated data from previous annual reports so that each annual report provides a historical perspective on the operation of the site.
Facsimile (705) 742.7907
A draft version of the Report and Ministry Screening Checklist will be prepared by
Website
the Project Team and submitted to the Township for appropriate review and
cambium-inc.com Mailing Address P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5
Locations Peterborough Kingston Barrie Oshawa
Laboratory Peterborough
comment, prior to the finalization of the report and submission to the Ministry as per the required submission date of each year. A hard copy and an electronic copy on USB of the final report will be provided to the Township. The Annual Report and Ministry Screening Checklists will be stamped and signed by a qualified person (Competent Environmental Practitioner (CEP) as defined in the Guidance Manual). PRESENTATIONS Cambium will attend and present a review of the findings of the annual monitoring program to Township staff and Council. One presentation per year has been assumed. OTHER WASTE MANAGEMENT COMPLIANCE TASKS Cambium, as part of its complete waste management service to the Township, will assist the Township as requested, with any regulatory agency or external organization consultation as necessary. This would include response to Public 8652-001
Page 3
Page 251 of 340 February 11, 2020 Liaison Committee (PLC) inquiries related to waste management, by-law review and recommendations, technical assistance with waste disposal site matters, and any other waste management matters that the Township may request of Cambium’s expertise. Environmental
Cambium would provide the above related services on an as-needed basis, with scope of service and payment terms to be confirmed respective of particular
Geotechnical Building Sciences Construction Monitoring
circumstances, and the Township needs. Cambium has varied experience with several municipalities, Ministry jurisdictions, and waste management practices throughout Ontario and will use that knowledge to advise the each Township on any recommendations to assist with Ministry compliance or better operations. Best Management Practices for
Telephone
maximizing landfill life expectancy and/or changes in the waste management
(866) 217.7900 (705) 742.7900
industry that would improve operations will be reviewed and any opportunities to
Facsimile
potentially increase the efficacy of waste management operations will be
(705) 742.7907
discussed with the Township.
Website cambium-inc.com Mailing Address P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5
Locations Peterborough Kingston Barrie Oshawa
ESTIMATED COSTS The following estimated costs are expected for the provision of the services proposed above. Please note that all costs are based on the identified scope of work to be completed and are exclusive of taxes and external fees. Professional services costs include professional fees, laboratory analysis, consumables, communication, travel, and printing. Although costs may vary between parts of the work program, the total collective costs for the items presented will not be
Laboratory Peterborough
exceeded without authorization from the Township. For all approved additional person hours required to execute the project, the Township would be invoiced in accordance with the approved additional time and expenses. In addition, as part of our complete waste management services to the Township, we suggest that the Township set aside an additional 10% to 15% of the annual monitoring and reporting costs to cover additional waste management
8652-001
Page 4
Page 252 of 340 February 11, 2020 compliance tasks that arise throughout the year. To provide some insight into some of these costs, we have included proposed costs herein for the following:
Any additional meetings, assumed to be held on-site with one Cambium team member
Environmental
Ministry technical support comments or Site inspections, the preparation of
Geotechnical
minor ECA amendment applications, etc.
Building Sciences Construction Monitoring
Telephone (866) 217.7900 (705) 742.7900 Facsimile
Preparation of typical documentation that may be required to respond to
Well Repairs that often are observed during sampling events (casing replacements, pipe extensions or reductions, etc.)
Closure/Post-closure Costing
Landfill Attendant Training
Support and/or review of Data Call submission
(705) 742.7907
Typical costs for these items are included for information purposes only. As
Website
noted, Cambium would provide the above related services on an as-needed
cambium-inc.com Mailing Address P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5
basis, with scope of service and payment terms to be confirmed respective of particular circumstances, and the Township’s needs.
Locations Peterborough Kingston Barrie Oshawa
Laboratory Peterborough
8652-001
Page 5
Page 253 of 340 February 11, 2020 Site Portland WDS
Environmental Geotechnical Building Sciences Construction Monitoring
Telephone (866) 217.7900 (705) 742.7900 Facsimile (705) 742.7907 Website cambium-inc.com Mailing Address P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5
Locations Peterborough Kingston Barrie Oshawa
Laboratory Peterborough
Cost Item Spring Sample Summer Sample (low flow) Autumn Sample Survey Report Total Loughborough Spring Sample WDS Autumn Sample Survey Report Total Bradshaw Spring Sample WDS Summer Sample Autumn Sample Survey Report Total Salem WDS Spring Sample Summer Sample Autumn Sample Survey Report Total Green Bay Spring Sample WDS Summer Sample Autumn Sample Survey Report Total Fish Creek Spring Sample Closed WDS Report Total Crow Lake Spring Sample Closed WDS Summer Sample Autumn Sample Report Total Massassauga Spring Sample Closed WDS Autumn Sample Report Total Burridge Spring Sample Closed WDS Summer Sample Autumn Sample Report Total Total Annual Monitoring & Reporting Costs
8652-001
2020 $3,825 $1,300 $3,240 $845 $3,005 $12,215 $5,055 $6,345 $845 $3,730 $15,975 $2,715 $1,835 $2,550 $385 $2,845 $10,330 $3,105 $1,150 $2,890 $385 $2,845 $10,375 $2,185 $810 $2,090 $385 $2,845 $8,315 $1,470 $1,470 $1,310 $1,440 $2,750 $2,030 $2,005 $2,685 $6,720 $0
2021 $3,825 $1,300 $3,240 $845 $3,005 $12,215 $5,160 $6,345 $845 $3,730 $16,080 $2,715 $1,835 $2,550 $385 $2,845 $10,330 $3,105 $1,150 $2,890 $385 $2,845 $10,375 $2,185 $810 $2,090 $385 $2,845 $8,315 $1,470 $1,470 $1,310 $1,440 $2,750 $2,030 $2,005 $2,685 $6,720 $1,175 $510 $995 $2,685 $5,365
2022 $3,825 $1,300 $3,240 $845 $3,005 $12,215 $5,055 $6,345 $845 $3,730 $15,975 $2,715 $1,835 $2,550 $385 $2,845 $10,330 $3,105 $1,150 $2,890 $385 $2,845 $10,375 $2,185 $810 $2,090 $385 $2,845 $8,315 $1,470 $1,470 $1,310 $1,440 $2,750 $2,030 $2,005 $2,685 $6,720 $0
2023 $4,016 $1,365 $3,402 $845 $3,005 $12,633 $5,308 $6,662 $845 $3,730 $16,545 $2,851 $1,927 $2,678 $385 $2,845 $10,685 $3,260 $1,208 $3,035 $385 $2,845 $10,732 $2,294 $851 $2,195 $385 $2,845 $8,569 $1,544 $2,845 $1,544 $1,376 $1,512 $2,845 $2,888 $2,132 $2,105 $2,685 $6,922 $0
2024 $4,016 $1,365 $3,402 $845 $3,005 $12,633 $5,308 $6,662 $845 $3,730 $16,545 $2,851 $1,927 $2,678 $385 $2,845 $10,685 $3,260 $1,208 $3,035 $385 $2,845 $10,732 $2,294 $851 $2,195 $385 $2,845 $8,569 $1,544 $1,544 $1,376 $1,512 $2,888 $2,132 $2,105 $2,685 $6,922 $1,234 $536 $1,045 $2,685 $5,499
$68,150
$73,620
$68,150
$70,518
$76,017
Page 6
Page 254 of 340 February 11, 2020
Environmental Geotechnical Building Sciences Construction Monitoring
Optional Tasks Council Presentation Training Workshop Closure/Post-closure Costs Additional on-site meetings, if required Misc. well repairs, if required ($300/site) ECA Amendment (minor)/MECP Correspondence Data Call Support and Review Data Call Full Submission (incl. site visit) Data Call Full Submission (no site visit)
Cost per Event $ 1,600 $ 1,650 $ 1,500 $ 1,595 $ 2,700 $ 1,650 $ 1,200 $ 3,725 $ 2,300
SUMMARY OF ASSUMPTIONS Cambium has prepared this work program based on discussion and direction
Telephone (866) 217.7900 (705) 742.7900 Facsimile (705) 742.7907 Website
from the Township, Cambium’s understanding of the current regulatory status of the waste disposal sites, Cambium’s experience from similar projects, and the following assumptions.
- Cambium has assumed that the Township will provide electronic copies of Site
cambium-inc.com
Plans, Drawings, and other related information in AutoCAD format, where
Mailing Address
available. Cambium has also assumed that the Township will provide full
P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5
Locations Peterborough Kingston Barrie Oshawa
Laboratory Peterborough
access to any and/or all relevant technical reports, information, and similar documentation. 2. Cambium has assumed that full, unrestricted access to all areas of the waste disposal sites and adjacent land areas, watercourses, et cetera will be available during sampling, monitoring, and site visits. 3. Cambium has developed this work plan based on the current environmental compliance status of the waste disposal sites. Any proposed change in the current work program would result in an amended scope and associated costs to those presented in this work plan. 4. Cambium has assumed all on-site wells are currently in compliance with Ontario Regulation 903 and are equipped with dedicated sample tubing and footvalves.
8652-001
Page 7
Page 255 of 340 February 11, 2020 It is possible that unforeseen or unknown conditions or occurrences will be encountered, which could alter the services described above. If it is anticipated that the Estimated Cost will be exceeded as a result of a change in the program scope or additional services, Cambium will promptly notify and consult with the Township. Environmental
When reviewing the scope of work in this proposal, we trust you will recognize Geotechnical Building Sciences Construction Monitoring
the quality, attention to detail, and client support associated with Cambium’s services. If you have any questions or require clarification of any aspect of this submission, please do not hesitate to contact the undersigned at (705) 742-7900, extension 204. Cambium appreciates the opportunity to provide services for this project.
Telephone (866) 217.7900 (705) 742.7900 Facsimile
Respectfully submitted, Cambium Inc.
(705) 742.7907 Website cambium-inc.com Mailing Address P.O. Box 325 52 Hunter Street East Peterborough, ON K9H 1G5
Stephanie Reeder, P.Geo., C.E.T. Project Manager
P:\8600 to 8699\8652-001 TSF - General Landfill AMP 2019\Proposal\2020-02-11 PRO TSF AMP.docx
Locations Peterborough Kingston Barrie Oshawa
Laboratory Peterborough
8652-001
Page 8
Page 256 of 340
REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT
AGENDA DATE:
April 14th, 2020
SUBJECT:
Replacement Tag Along Trailer
RECOMMENDATION: That Council authorize the purchase of a Tag Along trailer in the amount of $50,000. This trailer is to replace FT72, being a 2004 25 Ton Tag Along Trailer utilized for floating heavy equipment. BACKGROUND: In the fall of 2019 Public Services noted that the tag along trailer used in the Bedford District for floating the backhoe and dozer was in need of body work due topieces of metal delaminating from the frame. As a result staff sent the float to Darran Green Sandblasting and Body Shop in Deseronto which has performed body work on several pieces of heavy equipment for the Township over the years. Following an inspection, Township staff were contacted by the body shop about the condition of the float. As a result of the sandblasting operation, large holes directly through the frame had appeared where the metal had flaked off making the float unsafe for use. A repair estimate was provided to bring the float back into a safe condition which would involve plating additional metal against the existing frame at a cost of between $15,000 to $20,000 and an additional $5,000 for repainting, for a total cost of up to $25,000. While this cost estimate is less than the anticipated amount of a new trailer ($50,000), the trailer is currently 16 years old and was slated for replacement in 2024. Staff are proposing that the replacement trailer be accelerated to 2020 and a new trailer be purchased now for $50,000 instead of repairing the existing trailer. FINANCIAL/STAFFING IMPLICATIONS: This purchase has been discussed with the Director of Corporate Services and Treasurer. Sufficient Funds exist in the Equipment Replacement Reserve Fund for this purchase. ATTACHMENTS:
None
Submitted/approved by:
Prepared by:
Mark Segsworth, P. Eng. Public Works Manager
David Holliday, CET Technical Supervisor
Approved by: Neil Carbone CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 257 of 340
REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT
AGENDA DATE:
April 14th, 2020
SUBJECT:
PS-2020-08 New Tires and Tire Repairs
RECOMMENDATION: That Council approve the tender submission from Black Dog Tirecraft for the supply and service of the Township’s tire and repair needs. BACKGROUND: A Tender was advertised for New Tires and Repairs for Public Services, Fire, and Building Inspection for one (1) year period with an optional one (1) year extension. The Tender closed on March 25th, 2020 and one bid was received. The Tender was evaluated compared to the previous 2016 and 2018 submissions for service calls and new tires purchased. Black Dog Tirecraft has provided similar pricing to what the Township has been charged in previous years for services including changeovers, flat repairs, and service calls in and outside of working hours. Tire pricing and discounts are now standard through national pricing that staff has established with both Goodyear and Michelin. Black Dog Tirecraft is a reputable supplier with many years of experience providing the municipality with tire supply and repair. For these reasons, and because the submission was the only one received for this service, it is recommended that the tender from Black Dog Tirecraft be accepted. FINANCIAL/STAFFING IMPLICATIONS: Sufficient Funds exist in the approved 2020 Operating budget for this purpose.
ATTACHMENTS:
None.
Submitted/approved by:
Prepared by:
Mark Segsworth, P. Eng. Public Works Manager
David Holliday, CET Technical Supervisor
Approved by: Neil Carbone CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
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REPORT TO COUNCIL CLERKS DEPARTMENT
AGENDA DATE: April 14, 2020 SUBJECT:
By-law Enforcement Contract Extension
RECOMMENDATION That Council extend the contract with Frontenac Municipal Law Enforcement (FMLE) to April 30, 2021.
BACKGROUND A report was presented to Council on February 18, 2020 requesting that Council approve the extension of the contract with FMLE to April 30, 2020. Council approved the extension by Resolution #2020-5-06. That extension was to allow for the transitioning of By-law Enforcement to the Clerks Department as there was a need to review and identify by-law enforcement needs and implement improved reporting mechanisms. Service Delivery Review However, by-law enforcement has recently been identified in the ongoing regional service delivery review (SDR) as an area that the Townships wish to investigate collectively for potential updates and synergies. Rather than proposing any changes in South Frontenac’s contract with FMLE now, staff feels it is prudent to wait for the outcomes of the SDR to ensure consistency of contracts and reporting with other Townships if FMBE is identified to continue providing services at the end of current contract terms. Provincial State of Emergency Also, the Solicitor General and the Minister of Municipal Affairs and Housing have advised municipalities of the signed ministerial designation under the Provincial Offences Act that authorizes municipal by-law enforcement officers to enforce orders under the Emergency Management and Civil Protection Act as police resources are being stretched and police services have made requests to have other enforcement personnel assist with enforcing the emergency orders being made by the province. At this time we do not know to what extent and for how long the assistance of local by-law enforcement officers will be required. We do not know how much longer the COVID-19 pandemic will restrict residents in the community and how the restrictions put in place by both the Township and the province will ultimately effect the well-being of residents. It is important that we ensure the continuity of by-law services in our day to day work, but there is now a further need to have a system in place for the enforcement under the EMCPA. The future is uncertain; however staff are recommending that for consistency and continuity, and to ensure that by-law enforcement services continue to be available within the Township during this time, that Council support a one year extension to the contract with FMLE until April 30, 2021.
ATTACHMENTS
Current contract with FMLE Natural, Vibrant and Growing – a Progressive Rural Leader
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REPORT TO COUNCIL CLERKS DEPARTMENT
Prepared by: Angela Maddocks Clerk Submitted/approved by: Neil Carbone CAO
Natural, Vibrant and Growing – a Progressive Rural Leader
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VCA Meeting 09 Jan 2019 Directors Present: Chet Babcock, Don Coleman, Wayne Conway, Tabitha Morton, Rhonda Storring Regrets: Linda Bates, Debbie Lingen, Ally Williams Township Rep: Doug Morey Visitor: Joyce Casement November Minutes: (Rhonda Storring): Minutes approved as amended. Financial Report: Don Coleman moved for the adoption of the report. Seconded by Tabitha Morton Wayne Conway will talk to BMO about waving fees for our Electronic Sign Fund. Citizen of the Year: One suggestion, Greg and Kelly Allport from Harrowsmith, very community minded people, supporting hockey and sports activities. We are looking for other suggestions. Committee Reports: Christmas Dinner: (Joyce Casement) Joyce Casement has pondered over a solution for extra funds remaining after the Christmas Dinner. It was never meant to make a profit but sometimes there are more than enough donations to cover the cost of the food for the event. This year $110.00 remained after the dinner. She suggests that any remaining money could be split evenly between the VCA and the Verona Lion’s. The Lion’s voted unanimously to accept that idea. In the past this event was never recognized as a shared event between the two organizations. Motion: Motion made by Tabitha Morton that the Christmas Dinner will be a shared event between the VCA and The Verona Lion’s with equal profit and equal expense. Seconded by Chet Babcock. Motion carried. Christmas in the Village: The Lion’s haven’t decided it they are doing a 2nd Christmas kick-off. Linda Bates will communicate with the Lion’s concerning this event. The VCA took a one-year sabbatical which we can review this year. We would like to run it with a sub committee from both groups. We feel we would still like to do it but we may wish to make it a shared event with the Lion’s. We could ask Linda Bates to take it to the Lion’s for discussion. We would have to rent the hall if we were to do it on our own.
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Cemetery Ceremony: Joyce Casement brought up the state of the cemetery. It isn’t being looked after well and the gate has been left. She suggested having an annual cemetery service which could be done in conjunction with the Historical Society rather than the churches. It may draw attention to the cemetery and some people may get interested in tidying up the stones. Tabitha Morton suggested that it could follow after an opening of the Historical Society. Pending Business: • Prince Charles Public School update: The Christmas Market was a huge success and the school made a good profit. • Winter Breakfast Trinity; (Don Coleman): We are still looking for some help and we will send the sign-up sheet out to the Car Show Membership in hopes of getting more volunteers. • Update Verona Trail Head (Kiosk): The kiosk was decorated for Christmas and in the spring we will lay the memorial bricks again. We want to get the flag pole and benches in place. • Storage space (Linda Bates): Linda has made arrangements to move things in the spring. • Movie in the Park (Linda Bates): Linda Bates is submitting a screen for the car show and for movie in the park…alternate venues could be the Free Methodist Church or parking lot Committee Reports: • Free Skate Report (Rhonda Storring): We would like to continue this next year. We need to do more advertising for next year including the tv screen in the rink area, contact Kim Laprade New Business: • Video screen purchase (Linda Bates): There is a cost of $101.89 purchase of a movie screen moved by Don Coleman, seconded by Tabitha Morton. • Christmas in the Village 2019: Talk to the Lion’s about to sharing this event. The Municipal Grant for 2019…which project would we like to take on to benefit the town. Trail sign or posts for the prayer flags? • Township Representative: Welcome to Doug Morey our new Township Representative. He mentioned someone would like to open a dental office in the area and is looking for a space. Meeting adjourned: 7:46 PM Next VCA Meeting: February 13th 2019, 6:30 PM Mom’s Restaurant
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VCA Meeting 13 Feb 2019 Directors Present: Linda Bates, Don Coleman, Wayne Conway, Rhonda Storring, Ali Williams, Township Rep: Doug Morey Regrets: Debbie Lingen, Tabitha Morton Jan Minutes: Approved as amended Tim Laprade not Kim. Items arising from the minutes: BMO service charge: Wayne Conway investigated and found they can’t remove the service charge until the year end. In Jan 2020 we will get a bank fee credit back to us for this year. Explornet wants to increase their monthly fee and Wayne Conway asked for a reduced rate. We changed to a different service plan with the same monthly price which we now pay. Cemetery Ceremony: We need to start planning this event soon and then have the Historic Society assist us. The Historical Society is willing to help if we have the ceremony will be in the fall. Christmas Dinner: The VCA will take on all the bills and book the venue then figure the expenses and present it to the Lions for a 50/50 split. Financial Report: Don Coleman presented the financial report and moved for the adoption of the report, seconded by Linda Bates. Correspondence: Thanks from John McDougall for the parting gift Pending Business: Prince Charles Public School update: Nothing to report for this month. Movie in the Park: (Linda Bates) We have a screen which can also be used for the Car Show. Movies will be on Fri or Sun night. We just need to decide:
- When would we like to do it, 2. What to show, 3. How much will it cost? Swapping receiver at Lions: Andrew Asselstine is aware of which one we want and we will swap it and remove it from the building. Christmas in the Village: Same format as the Christmas Dinner we will buy and book everything and they will share the cost.. If we did it on a Sun the rental fees will be less. If we have it on the last weekend in Nov Linda Bates will not be able to chair it due to a previous commitment. Ali Williams would like to be on the committee for this. The proposed date is Dec 1.
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Citizen of the Year: Suggestions are due at the end of March. VEB review policy: We reviewed the VEB policy and discussed changes for NS business or political ads on the VEB. Township Grant: The end of March is the deadline to apply for the grant. We would like a concrete sidewalk at the cenotaph for wheelchair access. Wayne Conway will write up a proposal and email it to us for our approval. Committee Report: Village Ambassador: Linda Bates took a fruit basket to Marilyn Orser following her accident hen she broke her wrist. Linda will visit the new hair dresser and offer her the opportunity to advertise on VEB. Winter Breakfast Trinity Report: Approximately $850.00 was earned. New Business Cenotaph sidewalk: Linda Bates asked; Do we want to have another pad poured for the 2nd bench while the workers are there? Perhaps the Lions could apply for a grant as well. If they don’t we will do it next year. Rivendell Golf Club proposal: Rivendell asked if we would like a corporate sponsor. For a four month block it should be a bit extra suggested $250.00 Mid May to Mid Sep. We will add no more that 2 corporate sponsors to our policy. We will adjust the policy to include corporate sponsors. Verona Car Show: We haven’t had a meeting yet. Trail Head: We have money to move over to Trail head reserve fund. Motion made by Don Coleman and seconded by Rhonda Storring to transfer $5000.00 into the Trail Head reserve fund so we can complete the work at the trailhead such as the garbage can, bench and flag pole. Township Rep: Doug Morey remarks meeting for the draft budget canceled due to weather but the amount of grants available has been doubled He brought up the cemetery issues and we will see if the maintenance will improve this year. If we have any concerns we will call Doug about them. Linda Bates, Don Coleman are up for re-election at the AGM meeting and Ali Williams is up election to the VCA at the March meeting. Meeting adjourned 8:11 PM Next meeting: March 13, 6:30 PM
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VCA Meeting 13 March 2019 Directors: Chet Babcock, Linda Bates, Don Coleman, Wayne Conway, Rhonda Storring, Debbie Lingen Chair of the Trail Head Committee: Judy Conway Member of the public: Joyce Casement Township Rep: Doug Morey
Items arising from the minutes: Concerning the Christmas Dinner, the Verona Lions will provide the facilities, the VCA will advance $300.00. Any profit is shared between both organizations and any advertising and thank you notes will state that the event is co-sponsored by both organizations. Motion made by Linda Bates, seconded by Don Coleman. Motion passed. Financial Report: Don Coleman moved for the adoption of the report, seconded by Chet Babcock. Correspondence: Resignation letters from Tabitha Morton and Ali Williams Pending Business: Prince Charles Public School: Linda Bates gave a short report on the students and school activities. Swapping receiver with the Lion’s: This has been done and all parties are happy. Christmas in the Village: The suggested date is Sun Dec 1 we need to book the hall and must take it to the Lion’s. Linda Bates will present the idea to the Lion’s and book the hall. Motion was made to hold the Christmas in the Village event on Sun Dec 01 from 2 PM to 6 PM made by Don Coleman, seconded by Debbie Lingen. VEB Review Policy: The policy was reviewed and approved. Motion to accept the most recent changes to the policy made by Debbie Lingen , seconded by Don Coleman Township Grant/Centotaph: Linda Bates presented her research on the proposed cost of preparing a pad and pouring the concrete so disabled veterans and others will have access to the cenotaph.
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Mark Segsworth will come out to view the site. Ken Harper is interested in helping with the preparation of the site. Motion made in principal by Linda Bates to approve the cenotaph sidewalk plan contingent upon the funds. Rivendell Golf Club Proposal: They liked our proposal for advertising on the VEB for 4 months and would like to proceed. Debbie Lingen suggested doing a mail out to inform the local businesses about the price of renting the VEB. Cemetery Ceremony: The suggested date for the ceremony is Sun Sep 8: From 2 to 3 in the afternoon The historical society will add to it we will do refreshments and sound and promotion. We can add it ot our budget meeting. We may strike a committee and chairman Committee Reports: Village Ambassador: The hairdresser was given a gift certificate to advertise on the VEB for any business with in our boundaries. New Business: Trailhead: We considered the placement of the flags benches, etc. Judy Conway read a report from her meeting with Richard Allen. They would like the VCA to be part of their ambassador program. Verona Car Show: Chet Babcock will chair the first meeting for 2019 at the Free Methodist Church at 7 PM 3rd Tues of each month. Movies in the Park: Linda Bates reported that fees must be paid on any movies we show, an approximate cost of $300.00 per movie. District Rep: Linda Batesis our representative at the Central ane District Recreation Committee. Remembrance Day: This year it falls on a Mon. The Free Methodist Church is available again. Do we want the ministers involved.? Yes, all our local ministers. Township Representative(Doug Morey): South Frontenac Museum is searching for more artifacts. The County is looking for input from everyone and we are invited to complete a online survey. Meeting adjourned at 7:55 PM VCA Meeting: April 10
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AGM Meeting 13 March 2019 Directors: Chet Babcock, Linda Bates, Don Coleman, Wayne Conway, Debbie Lingen, Rhonda Storring, Twp Rep: Doug Morey Members of the Public: Joyce Casement, Judy Conway Minutes from the last meeting Event Reports: The committee reports for the year were reviewed. Linda Bates moved for the adoption of the 2019 Committee Reports, seconded by Chet Babcock. Letters of resignation from Tabitha Morton and Ali Williams Election of Officers: Wayne Conway, Linda Bates, Don Coleman agreed to remain in their current positions. Debbie Lingen presided over the elections. Wayne Conway moved for an adjournment, seconded by Linda Bates. Meeting Adjourned at 6:45 PM.
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VCA Meeting April 10th 2019, Directors present: Chet Babcock, Linda Bates, Don Coleman, Wayne Conway, Debbie Lingen, Rhonda Storring Township Rep: Regrets Items to add to the agenda: New Director, Verona Lions, moving equipment, Kiosk roof, Summer Flyer, Flower Barrels Director: Motion by Linda Bates to accept Ron Bruyns as a VCA Director for 2 years, seconded by Chet Babcock. Minutes from the March meeting: (Rhonda) Approved as presented. Elections of Officers: The officers are remaining in their current positions Motion by Debbie Lingen, seconded by Ron Bryuns. Financial Report: Don Coleman moved for the adoption of the financial report, seconded by Debbie Lingen. Pending Business: • Prince Charles Public School update: No update • Christmas in the Village: The suggested date, Sunday Dec. 1st, still pending. • VEB review policy another update: The policy for the website has been updated again. Motion to approve the policy as presented today by Linda Bates and seconded by Don Coleman • Township Grant / Cenotaph sidewalk (Linda Bates): The VCA delegation made a presentation to the council on Apr 16 and we are waiting for an answer. • Rivendell Golf Club: They are happy with the results from advertising on the VEB so far. • Cemetery Ceremony suggested Sunday Sept. 8th. A committee is being formed with Judy Conway, Joyce Casement, Doug Lovegrove and Wayne Conway as Chair. •Verona Car Show (Chet Babcock) Upcoming Steering Meeting next week.
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• Movie in the Park (Linda Bates): Linda Bates picked up the projector The VCA must pay royalty fees starting at $300.00 upwards. Linda Bates thinks we should try one movie and see how it goes. Lion’s moving the equipment: We made a date the following week to clear garbage out of the buildings and move the things we want to keep to the Township barns. Shingles: The shingles on the Verona welcome sign (north) need to be replaced. Don Coleman will contact Norm Brucette and have him look at the shingles and roof on the kiosk as well. Flower Barrels: Rhonda Storring will take over the flower barrel portfolio. Summer Flyer: To advertise movie night, car show, Lion’s garlic festival, Atv run and Boot Committee Reports: • Village Ambassador: NTR New Business: • Budget: Don Coleman moved for the adoption of the budget, seconded by Linda Bates. • Mini golf upgrade: Frank York wants to do some updates to the equipment and some parts need to be replaced • Township Representative: (Doug Morey) Not available for the meeting. Adjourned at 8 PM Next Meeting: May 8th 2019, 6:30 PM Mom’s Restaurant (Back, back room)
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VCA Meeting 08 May 2019 Directors Present: Chet Babcock, Linda Bates, Ron Bruyns, Don Coleman, Wayne Conway, Debbie Lingen, Rhonda Storring Minutes from the April Meeting: Approved as presented. Financial Report: Don Coleman moved for the adoption of the report, seconded by Ron Bruyns. Pending Business: Prince Charles Public School Update: We will remove this from our agenda in the upcoming minutes. Christmas in the Village: The date and arrangements to be confirmed with the Lion’s at an upcoming meeting. Township Grant: The VCA Delegation did a presentation last month to the council. We have confirmation of permission to proceed, thanks to Linda Bates for clearing up several issues about the ownership of the land. Linda Bates showed an example of the poppy decorations that will be displayed at the cenotaph. She asked for approval for a plaque with the inscription “We will remember them”. Chet Babcock will look after the possibility of getting the plaques donated. Motion made by Linda Bates that we purchase a plaque for the poppy display and budget $200.00. Seconded by Don Coleman. Motion passed. Cemetery Ceremony Committee: Wayne Conway will chair the committee and is looking for a few more bodies to join the committee. Rhonda Storring joined. Car Show: Chet Babcock updated the directors.
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Movie in the Park: For this event to happen Linda Bates will need a committee of 5 people to assist with obtaining permits, reviewing movie choices plus some reliable helpers to set-up and take down. Wayne Conway suggests that we hold off for this year and plan for this next summer. Summer Flyer: Shipped out on May 22…and the Lion’s are dividing the bill with us. Pending Business: We’re under pressure to move the shingles for the kiosk roof out of the canteen. It is being acted upon. Village Ambassador: Linda Bates updated the directors concerning Village Auto, it is not being purchased by Revell’s. Kiosk Bricks: We want them out by the last weekend in May. Wayne Conway has some ideas about how to set them in the ground so they will be secure . Flags: Bell has given approval to put the flags up throughout the village and take them down in the fall. Township Representative: Doug Morey reported on the council meeting held on the previous night when the community grants were passed. The VCA has been approved for $2500. 00 and the Lion’s also received approval for their part of the project. Motion made Linda Bates that the cenotaph project proceed as planned, seconded by Don Coleman. Motion carried.
Next Meeting: June 19
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VCA Meeting Wednesday June 19th 2019
Directors: Chet Babcock, Linda Bates, Ron Bruyns, Don Coleman, Wayne Conway, Rhonda Storring, Township Rep: Doug Morey Guest: Tabitha Morton Regrets: Debbie Lingen Minutes from the May meeting: (Rhonda Storring) The Minutes approved as presented. Financial Report: Don Coleman moved for the adoption of the report, seconded by Chet Babcock Donation from Janice Milligan of $100.00 to the VCA will be transferred to the Christmas for Kids program. Correspondence: The Sydenham Women’s Institute invited the VCA to their tea to celebrate their 100th anniversary. Wayne Conway drafted a congratulatory letter from the VCA. Pending Business:
Christmas in the Village: Nothing to Report Township Grant / Cenotaph sidewalk (Linda Bates) $2500.00 grant received and will be used for the benches etc. We have looked into the flagpole and flags as Atkinsons Home Supply quoted on a price for fiberglass pole. The township will be doing the cement work but we will purchase the materials. Cemetery Ceremony Committee A committee has been formed. Verona Car Show: Chet Babcock updated the Directors about the recent meeting. John & Julie Nizman have purchased a soft ice cream machine and will loan it to the VCA for free for the day of the Car Show. Kiosk bricks: We have a contact who will do install the bricks around the Kiosk for $280.00 in the near future. The mural will be cut in half and mounted at the kiosk. Find the enclosed Trailhead Report presented by Judy Conway Canada Day: The Fri before the holiday the vendor area will be marked then we will move the tents etc out on Mon, July 1. Motion made by Ron Bruyns that the VCA donate the profit from the train and pace car to the Harrowsmith S&A committee, seconded by Rhonda Storring Wayne Orr: Wayne will be retiring this summer and Linda Bates will represent the VCA at his retirement party. We will include a $50.00 donation. Linda made a motion for a $50.00 gift donation from Mom Restaurant, seconded by Don Coleman
Committee Reports:
Village Ambassador: Brown’s Vending is the new owner of Village Auto. Toppers Convenience Store is now being run by 2 new men.
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Kevin from Verona Carpet is heading toward retirement and slowly winding down his business. New Business:
Softball League: Tabitha Morton spoke on behalf of the Softball League Helmets and Masks were deemed necessary starting this year and they don’t have the funds to purchase the equipment. They would be out of pocket $480.00 this year. Don Coleman moved for a $500.00, one time only donation to cover their shortfall this year. It will be discussed at the next budget meeting. The VCA will commit $500.00 a year to the Verona/Hartington Baseball teams for bats ball, chalk and bases. As mentioned above it will be discussed during the budget meeting next spring. Don Coleman moved for the motion and seconded by Linda Bates. Food Handling Course: September 11th $50.00 at Verona Free Methodist Church. Wayne Conway proposes that the VCA cover the $50.00 cost for a director or someone associated with the VCA. Motion made by Linda Bates seconded by Chet Babcock. VCA will cover the cost of the coffee and muffins. Township Representative (Doug Morey): Updated the Directors on a few local items
Next VCA Meeting: September 11th 6:30 PM at Mom’s Restaurant (Back, back room) VCA BBQ: Thanks to Wayne and Judy Conway for hosting the VCA BBQ. It was a great evening and a nice chance to socialize with the directors and their spouses.
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VCA Meeting 11 Sep 2019
Directors: Chet Babcock, Linda Bates, Ron Bruyns, Don Coleman, Wayne Conway, Debbie Lingen, Rhonda Storring New Member: Laurie Meier Twsp Rep: Doug Morey New member on the committee: Motion made by Don Coleman, seconded by Chet Babcock for Laurie Meier to be a director for the remaining term. Minutes from June Meeting: Approved as presented. Financial Report: Don Coleman presented the report and moved for the adoption of the report, seconded by Linda Bates. The Community Caring Centre has donated $1000.00 to the VCA and $1000.00 to Christmas for Kids. Rhonda Storring will send a thank you note to Community Caring Centre Correspondence: A note from Wayne Orr thanking the VCA for the kind parting words and a gift certificate to Mom Restaurant. Letter from Richard Proulx thanking us for our work in the community. Harrowsmith S& A Club sent a Certificate of Appreciation for the donation of $465.00 cash from the train rides on Canada Day. Letter from Community Caring Centre with a note of thanks and a donation to the VCA. Camino through Verona: We have had an email from Nancy Mucklow. She would like to do a presentation about doing the Camino walk through Verona along the Trail. She hopes to attend one of the upcoming meetings this fall. Pending Business: Christmas at the Village: 01 Dec 2019 is the tentative date but we need a chair to form a committee and to arrange some music. A decision must be made by the Oct meeting. Township Grant/Cenotaph sidewalk status: This project has been redesigned to a 6ft wide path from the sidewalk to the cenotaph and benches. The pole has been donated and the flags have been purchased
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Committee Reports: Kiosk Bricks: The laying of the memorial bricks has been completed. Full report from Chair Judy Conway included. Verona Car Show: Report by Chet Babcock 2400.00 in 50/50 proceeds It was a very successful car show this year and we had 303 cars on site. Wayne Conway extended his thanks to the Car Show Committee and Volunteers Cemetery Visit: Postponed until spring Food Handling course: The course took place today and was attended by 30 people. Village Ambassador: New people are running the Esso Station/Toppers. Linda Bates will take the paperwork so they can get a week of free advertising on the VEB. A volunteer for the VCA has been ill and Linda will deliver a fruit basket as he recovers from surgery. New Business Quilt: Linda Bates purchased a memorial quilt for Canadian Veterans. It will be on display at the upcoming Remembrance Day. Motion made by Don Coleman for the purchase Remembrance Day Quilt for $120.00, seconded by Laurie Meier. Stage: This year during the Car Show we used the stage for the larger band that performed at the show. Wayne Conway would like to sell the stage since the people who used to set it up aren’t able to do it anymore. Instructions have been compiled so John Nizman and his employees can do the setup with supervision by VCA directors. Doug Morey suggested using hardhats, steel- toed boots and gloves while setting it up in the future. We decided to keep it for one more year and discuss it next year. Winter Warm‐up Breakfast: The Trinity United Church would like to partner up with the VCA again and present the breakfast. Four VCA Members will be needed on each of the mornings. Motion made by Linda Bates that we do the Winter Warm-up Breakfast with Trinity again, seconded by Ron Bruyns. The dates will be Jan 11, 18, 25 and possibly 1 Feb. Family in Need: Ron Bruyns mentioned a man who is looking after 3 granddaughters on his own without hydro etc. Linda Bates will pass her connections on to Ron so they can help the family. Doug Morey: The council is back to their meetings and there will be quite a few things coming up this fall. Budget planning is coming up. Adjourned at 8:45 pm. Next meeting: Oct 9
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VCA Meeting October 9th 2019
Directors: Chet Babcock, Linda Bates, Ron Bruyns, Don Coleman, Laurie Meier, Rhonda Storring Regrets: Debbie Lingen, Doug Morey, Wayne Conway Minutes from the last meeting: Minutes were accepted as presented. Financial Report: The Financial Report was presented by Don Coleman and he moved for the adoption of the report, seconded by Ron Bruyns. Correspondence: Note from Joan Shepherd thanking the VCA for posting the Bedford Jam on the VEB. Pending Business: Township Grant / Cenotaph sidewalk status update (Linda Bates): The base of the cenotaph is crumbling and we hope to do a small fix with a local mason and observe the damage after winter. Mom’s Restaurant will make some soup for a small gathering that will be held in the Free Methodist Church following the service. Ron Bruyns is in charge of hanging the new Remembrance quilt in the Free Methodist Church. Committee Reports: Verona Trailhead: The flags are up, the bench is in, the kiosk and bricks are done. Cemetery Visit Wayne report Food Handling Course results lowest mark was 96%, and there were many 100% Village Ambassador Linda Bates updated us on the latest news in the village. New Business: Christmas in the Village: We agreed to have a shared event with the Verona Lion’s, chili and hotdogs 1 to 5 pm VCA will book the entertainment. Melissa Elliot will handle the Kid’s Zone. PA Skate Day: Ron Bruyns will approach Revells about being sponsors. Hours from 1 to 3 pm. Contact Vicki England about collecting for the food bank and bring a 6 pack of water for the volunteers. Sue Kobus and Chet Babcock will volunteer on the ice. Rhonda Storring will pick up treats from South Frontenac and signs for the Food Bank donations. Next VCA Meeting: November 13th 6:30 PM, Mom’s Restaurant (Back/back room)
Meeting adjourned at 7:36
Page 320 of 340
VCA Meeting Nov 13 2019 Directors: Chet Babcock, Linda Bates, Ron Bruyns, Don Coleman, Laurie Meier, Rhonda Storring Regrets: Debbie Lingen Township Rep: Doug Morey Minutes: Oct Minutes accepted as presented. Financial Report: Don Coleman presented the financial report. The budget for Christmas for Kids was submitted to the directors. Don Coleman moved for the adoption of the report, seconded by Linda Bates Pending Business/Items arising from the last minutes: Christmas in the Village: The event will be held on 01 Dec. A committee meeting was held and the minutes have been distributed. Winter breakfast schedule/volunteers: A list of volunteers is being drawn up and a schedule is being drafted. Findlays Food will donate the ham and the sausage with any leftover going to the Lion’s for their winter breakfast in Feb. Township Grant/Cenotaph side walk status update: The grant money is has been used to purchase: flags (4), bench and concrete. Motion made by Linda Bates to pay the cenotaph project expenditures second by Don Coleman. Linda Bates would like to get an estimate to repair the stone under the monument. Mark Segsworth wants to complete the project and put the flag up this fall. Committee Reports: Verona Trailhead: NTR Remembrance Day Report: This Remembrance Day had a large military presence at the ceremony. Lunch was served to 115 people at the Verona Free Methodist Church. A motion was made by Linda Bates to give $125.00 to the Free Methodist Church for the use of the hall as well as providing the tea and coffee and manpower to assist with the day. Seconded by Chet Babcock. The Remembrance Day Quilt could be hung at the council chambers just before Remembrance Day. It will also be displayed at the Car Show at the back of the stage. The Road 38 bypass should be used next year so vehicles won’t be passing during the service.
Page 321 of 340
New Business: Township appreciation: The Township does a lot of extra work for us and supports us in a lot of our endeavors. We would like to put $200.00 in the budget to provide Christmas cheer to express our thanks. Motion made by Linda Bates, seconded by Ron Bruyns. Mom Restaurant appreciation: Linda Bates spoke about the chili we received to from the restaurant for our reception lunch. She would like to put a message on the VEB saying Thanks to Mom Restaurant and the Verona Free Methodist Church for their continued support on Remembrance Day. The VCA would like to place a plaque at the flagpole to recognize the work done by the VCA so that people know what we do in the area. Don Coleman moved to spend approx $200.00 on plaques for the VCA. Seconded by Laurie Meier. Township Rep: Doug Morey updated us on Township news. Next meeting 11 Dec for our annual Potluck
Page 322 of 340
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-19 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND MICHAEL MCLACHLAN & JANE FARNAN WHEREAS a Site Plan and Site Plan Control Agreement have been prepared to the satisfaction of the Township of South Frontenac; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
THAT the Mayor and the Clerk are hereby authorized to execute a Site Plan Control Agreement between the Corporation of the Township of South Frontenac and Michael McLachlan & Jane Farnan, a copy of which is attached hereto forming part of this By-law.
THAT this By-law and Agreement shall be registered on title of the property described as Part Lot 8, Concession 7, Being Part 2 on Plan 13R3682, District of Loughborough, Township of South Frontenac, municipally known as 4420 Sills Bay Road, Sydenham Lake.
THIS BY-LAW shall come into force and effect in accordance with Section 41 of the Planning Act 1990, either upon the date of passage or as otherwise provided by the said Section 41.
Dated at the Township of South Frontenac this 14th day of April, 2020. Read a first and second time this 14th day of April, 2020. Read a third time and finally passed this 14th day of April, 2020. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 323 of 340
SITE PLAN AGREEMENT Made this ___________ day of ___________________, 2020 BETWEEN: MICHAEL MCLACHLAN & JANE FARNAN Hereinafter called the “Owner” OF THE FIRST PART -andTHE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC Hereinafter called the “Municipality” OF THE SECOND PART WHEREAS the Owner is the registered owner in fee simple of certain lands located in the Township of South Frontenac (the “Lands”); AND WHEREAS it was a condition of consent that the Owner enter into this site plan agreement with the Municipality on the terms set out; AND WHEREAS the Municipality is authorized to enter into this agreement and register it against the title to the Lands pursuant to section 41 of the Planning Act; NOW THEREFORE WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties agree each with the other as follows: 1.
The Owner covenants that the Owner is the Owner in fee simple of the Owner’s lands Described in Schedule “A” attached hereto.
The Owner covenants and agrees with the Municipality as follows: 2.1
General 2.1.1
That development shall be in accordance with the Site Plan Sketch prepared by Leslie M. Higginson Surveying Ltd., attached hereto as Schedule “B”.
2.1.2
That the uses on the subject property are limited to private vehicle parking, access gravel driveway and an existing boat dock for shoreline access to property located on Kennedy Island.
2.1.3
The parking area shall be constructed and maintained at a minimum of 20 metres from the highwater mark.
2.1.4
The existing access gravel driveway is maintained to a maximum width of 3.0 metres wide. The Owner shall ensure that no trees are removed in order to maintain the driveway.
2.1.5
The four parking spaces identified on the Site Plan Sketch prepared by Leslie M. Higginson Surveying Ltd. are constructed with the dimensions of 3.1 metres by 6.0 metres and are maintained in the location as shown on the drawing listed on Schedule B.
Page 324 of 340
2.2
Environmental Protection 2.2.1
That sediment and erosion controls be installed should any construction take place between the parking area and Sydenham Lake/Eel’s Bay prior to the initiation of the work and is to remain in place until the site has been allowed to regenerate and vegetation has been re-established to the satisfaction of the Cataraqui Region Conservation Authority.
2.2.2
That all materials from construction (including excess soil) will be disposed of 30 metres or more from the normal high water mark of Sydenham Lake and Eel’s Bay at a proper disposal site.
2.2.3
The Owner shall apply for a permit in the event that any work is to be undertaken along the shoreline of Sydenham Lake or Eel’s Bay or within the 120 metre adjacent lands of Eel’s Bay. Permits are required from the Cataraqui Region Conservation Authority in accordance with Ontario Regulation 148/06 (Development, Interference with Wetlands and Alteration to Shorelines and Watercourses) prior to any development on the property.
3.0
This agreement shall be registered against the title to the Lands and the Municipality shall be entitled to enforce its provisions against the Owner and any or all subsequent owners of the Lands.
4.0
If the Owner fails or refuses for any reason to comply with any requirements of this agreement, the Owner shall be in default and the Municipality may, on seven (7) days’ notice, require the Owner to remedy the default, failing which the Municipality may, without further notice and without prejudice to any other rights and remedies available to it, do such things and perform such work as is necessary to rectify the default.
5.0
Any account rendered by the Municipality for work done shall be paid by the Owner within thirty (30) days of the day of billing, and, if the Owner fails to pay, interest shall be charged on the amount outstanding at the rate of one and one quarter (1.25%) per months (15% per annum) on the first day of each calendar month following the date the account was due. Any payments received on accounts rendered shall be applied first to any outstanding interest, which may have accrued, and the balance shall be applied to reduce the principal amount outstanding.
6.0
If the Municipality incurs any expense arising out of the terms of this Agreement, the Municipality may recover the amount in like manner as municipal taxes or by action, pursuant to Section 42.7 of the Municipal Act.
7.0
All costs necessary to fulfill any condition of this agreement, and all costs incurred by the Municipality in connection with the preparation, execution, registration or enforcement of this Agreement shall be paid by the Owners.
8.0
This Agreement shall ensure to the benefit of and be binding upon the personal representatives, successors and assigns of the parties
Page 325 of 340
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals as of the day and year first written above.
SIGNED, SEALED AND DELIVERED In the presence of:
WITNESSS
MICHAEL MCLACHLAN
JANE FARNAN
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC Per:
RON VANDEWAL – MAYOR
ANGELA MADDOCKS – CLERK
Page 326 of 340
SCHEDULE “A” THE LANDS PART LOT 8, CONCESSION 7, BEING PART 2 ON PLAN 13R3682, DISTRICT OF LOUGHBOROUGH, TOWNSHIP OF SOUTH FRONTENAC, COUNTY OF FRONTENAC MUNICIPAL ADDRESS 4420 SILLS BAY ROAD
Page 327 of 340
SCHEDULE “B” DRAWING LIST SITE PLAN DRAWING
PART LOT 8, CONCESSION 7, BEING PART 2 ON PLAN 13R3682, DISTRICT OF LOUGHBOROUGH, TOWNSHIP OF SOUTH FRONTENAC, PREPARED BY LESLIE M. HIGGINSON SURVEYING LTD., DATED NOVEMBER 22, 2019, REVISED DECEMBER 2, 2019
Page 328 of 340 TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-20 BEING A BY-LAW TO DEEM PART OF PLAN OF SUBDIVISION NO. 43 NOT TO BE A REGISTERED PLAN OF SUBDIVISION: LOT 7, PLAN 1937, DISTRICT OF LOUGHBOROUGH AND BLOCK 17, PLAN 1938, DISTRICT OF PORTLAND WHEREAS, section 50(4) of the Planning Act R.S.O. 1990, c. P.13, authorizes Council to pass a by-law to designate any plan of subdivision, or part thereof that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for purposes of the part lot control provisions of section 50(3) of the Planning Act. AND WHEREAS Plan of Subdivisions 1937 and 1938 has been registered for more than eight (8) years; AND WHEREAS Council considers it appropriate and necessary that those parts of Plans 1937 and 1938 described in this by-law be deemed not to be a registered plan of subdivision to facilitate the merging of lands that have been used and developed as a single property for a period greater than eight years. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC HEREBY ENACTS AS FOLLOWS: 1.
THAT Lot 7, Plan of Subdivision 1937, District of Loughborough, and Block 17, Plan 1938, District of Portland are hereby deemed not to be a registered plan of subdivision for purposes of the part lot control provisions of subsection (3) of the Planning Act.
That the Owner(s) of the lands as of the date of by-law passage shall pay all costs associated with the development, passage and registration of this By-law.
That this By-law shall be registered in the proper Land Registry Office and the Municipality shall be provided with appropriate documentation that the registration has been completed within ten (10) business days of the date of registration;
That passage of this By-law shall be deemed to include authorization to legal counsel to register same in the appropriate Land Registry Office without further written authorization;
That this By-law shall come into effect when registered in the proper Land Registry Office.
Read a first and second time this 14th day of April, 2020. Read a third time and finally passed this 14th day of April, 2020. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 329 of 340
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-21 A BY-LAW TO LEVY TAXES IN THE TOWNSHIP OF SOUTH FRONTENAC FOR THE YEAR 2020
WHEREAS it is necessary for the Council of the Corporation of the Township of South Frontenac, pursuant to the Municipal Act, 2001, the Fair Municipal Finance Act, 1997, the Fair Municipal Finance Act, 1997 (No.2) and the Small Business and Charities Protection Act, 1998 to establish tax rates for 2020; and, WHEREAS the tax ratios and tax rate reductions for prescribed property subclasses have been established by the County of Frontenac, by its By-law 2020-0022 and, WHEREAS it is necessary for the Council of the Corporation of the Township of South Frontenac, pursuant to the Municipal Act, 2001 to levy on the whole rateable property according to the last revised assessment roll for the Corporation of the Township of South Frontenac the sums set forth for various purposes in Schedule “B” hereto attached for the current year; and WHEREAS an interim levy was made before the adoption of the estimates for the current year; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
The 2020 estimates for the current year as set forth in Schedule “B” attached hereto and forming part of this by-law are hereby adopted.
For the year 2020, the Corporation of the Township of South Frontenac shall levy upon the Residential and Farm Residential Assessment, MultiResidential Assessment, Commercial Assessment including new construction, Industrial Assessment including new construction, Parking Lot Assessment, Farmland Assessment and Managed Forest Assessment the rates of taxation per current value assessment as set out in Schedule “A” attached hereto and forming part of this by-law.
The levy provided for in Schedule “A” attached to this by-law shall be reduced by the amount of the interim levy for 2020.
For payments-in-lieu of taxes due to the Corporation of the Township of South Frontenac, the actual amount due to the Corporation of the Township of South Frontenac shall be based on the assessment roll and the tax rates for the year 2020.
For railway rights of way taxes due to the Corporation of the Township of South Frontenac in accordance with the Regulations as established by the Minister of Finance, pursuant to the Municipal Act, the actual amount due to the Corporation of the Township of South Frontenac shall be based on the assessment roll and the tax rates for the year 2020.
The levy for municipal, county, education and special area charges shall become due and payable as follows: All Classes 50% of the final bill and any outstanding arrears shall be due on August 31st, 2020 The balance of the final bill shall be due on October 30th, 2020.
Page 330 of 340
As provided under Section 345(2) of the Municipal Act 2001, there shall be imposed a penalty of one and one-quarter percent (1.25%) per month on the first day of each month following default of payment on all taxes of the current year remaining unpaid after the due date of said taxes. For 2020, no penalty shall be calculated on the first day of May, June, July or August.
There shall be imposed additional interest of one and one-quarter percent (1.25%) per month on all taxes outstanding at the end of the year for which the taxes were levied as provided in Section 345(3) of the Municipal Act, 2001. For 2020, no penalty shall be calculated on the first day of May, June, July or August.
Penalty and interest charges at the prevailing rate will be added in the same manner as taxes to those non-levy items added to the Collector’s Roll for collection.
- All supplementary taxes levied under the Assessment Act will be due in two installments with the second installment due one month after the first installment due date., and penalties and interest will be added in the same manner as the ordinary tax bills.
- The Treasurer of the Corporation of the Township of South Frontenac is hereby empowered to accept part payment from time to time on account of any taxes due.
- Pursuant to the provisions of the 2020 Municipal Budget, transfers budgeted as a “Contribution from Revenue Fund to Reserves” shall be implemented by the Treasurer in the amount budgeted. Transfers budgeted as a “Contribution from Reserves and/or Reserve Funds to Revenue Fund and/ or Capital Fund” shall be implemented by the Treasurer in the exact amount required to finance the actual expenditures of the particular project net of other applicable revenues, even should said amount exceed the transfer/ contribution from Reserves and/or Reserve Fund originally budgeted for.
- Any surplus/deficit resulting from the 2020 operations of the General Revenue Fund as of December 31, 2020 shall be transferred to/financed from the reserve for Working Funds except for Winter Control, Building, Volunteer Firefighters wages, Water and Recycling which have dedicated reserves for stabilization.
- Notwithstanding any of the foregoing, the Treasurer is hereby authorized to accept payments made on the current Pre-Authorized Payment Plan on the first day of the month following the due date for payment of taxes without adding penalty and/ or interest charges to the outstanding taxes and tax arrears.
- If any section or portion of this by-law or the schedules attached hereto is found by a court of competent jurisdiction to be invalid, it is the intent of the Council of the Corporation of the Township of South Frontenac that all remaining sections and portions of this by-law and the schedules continue in force and effect.
- This by-law shall come into force and take effect on the date of its passage. Dated at the Township of South Frontenac this 14th day of April 2020. Read a first and second time this 14th day of April 2020. Read a third time and finally passed this 14th day of April 2020.
Page 331 of 340
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Schedule “A” to By-Law No. 2020-21
TOWNSHIP OF SOUTH FRONTENAC - 2020 TAX RATE SCHEDULE
South Frontenac
Current Value
South Frontenac
Assessment
Levy
RTC
Tax Rate
Residential and Farm Residential Multi-Residential Commercial-Full, Shared PIL Commercial Occupied Commercial Vacant Land Commercial Excess Land New Const-Full-No Support New Const-Excess Land-No Support Parking Lot Industrial -Full, Shared PIL Industrial -Excess Land, Shared PIL Industrial Occupied Industrial Excess Land Industrial Vacant Land Industrial-New Construction-Small Scale Industrial-New Construction-Taxable Industrial-New Construction-Excess Farmlands Managed Forest Total
RT MT CH CT CX CU XT XU GT IH IK IT IU IX J7 JT JU FT TT
0.601812% 0.601812% 0.601812% 0.601812% 0.421268% 0.421268% 0.601812% 0.421268% 0.601812% 0.601812% 0.391178% 0.601812% 0.391178% 0.391178% 0.150453% 0.601812% 0.391178% 0.150453% 0.150453%
3,296,967,706 5,681,900 0 23,885,026 233,000 485,300 6,831,800 38,300 43,000 558,000 114,000 1,009,800 0 429,000 50,000 2,192,000 14,100 113,328,575 12,610,400 3,464,471,907
19,841,547.00 34,195.00 0.00 143,744.00 982.00 2,044.00 41,115.00 161.00 259.00 3,358.00 446.00 6,077.00 0.00 1,678.00 75.00 13,192.00 57.00 170,506.50 18,973.00 20,278,410
Page 332 of 340
Assessment Class
Page 333 of 340
Schedule “B” to By-Law 2020-21
1
TOWNSHIP OF SOUTH FRONTENAC 2020 Budget - December 17, 2019 Summary of Revenue and Expense
Actuals
2019-2020 Budget
2019Budget
15-Oct-19
2020 Budget
Variance
$
$
$
190,740
178,500
195,000
1,085,043
702,509
1,125,370
40,327
3.72%
741,134
756,587
890,007
148,873
20.09%
$
%
REVENUE
Property Taxation- Supplementary & PIL
User Charges
Licenses, Permits and Rents
Government Grants
2,258,928
2,253,347
2,596,321
337,393
14.94%
Grants from Other Municipalities
523,537
9,253
543,919
20,382
3.89%
Investment Income
282,500
457,604
341,500
59,000
20.88%
Penalties and interest on taxes
372,300
268,550
370,000
-2,300
-0.62%
Donations
31,500
70,137
6,000
-25,500
-80.95%
Other
10,000
17,001
5,219
-4,781
-47.81%
Transfers From Reserves/Reserve Funds
7,690,812
411,352
3,948,503
-3,742,309
-48.66%
TOTAL Revenue
13,186,494
5,124,840
10,021,839
-3,164,655
-24.00%
OPERATING EXPENSE 4,873,801
4,151,086
5,007,827
134,026
2.75%
General Government
Protection to Persons and Property
4,260
2.23%
Fire
2,523,373
1,551,288
2,088,890
-434,483
-17.22%
Police
3,069,022
2,308,790
3,063,522
-5,500
-0.18%
Conservation Authorities
242,017
231,103
240,875
-1,142
-0.47%
Protective Inspections and Control
102,679
57,565
116,872
14,193
13.82%
Emergency Measures
1,550
581
1,559
9
0.58%
Building Department
524,099
376,519
887,321
363,221
69.30%
Transportation Services
Roadway Maintenance
13,464,477
6,717,748
11,487,055
-1,977,422
-14.69%
Winter Control
2,148,603
2,038,273
2,298,078
149,475
6.96%
Environmental Services 614,328
86,293
437,700
-176,628
-28.75%
Water System
Solid Waste Management
2,977,914
2,099,338
2,549,962
-427,952
-14.37%
Parks, Recreation and Cemeteries
1,857,589
864,948
1,416,361
-441,228
-23.75%
Planning and Development
528,731
301,750
700,430
171,699
32.47%
TOTAL Expense
32,928,183
20,785,283
30,296,451
-2,631,732
-7.99%
TO BE RAISED BY TAXATION
19,741,689
15,660,443
20,274,612
532,923
2.70%
IMPACT ON TAXPAYER: BASED ON AVERAGE PHASE-IN ASSESSMENT THE TOWNSHIP’S SHARE OF THE TAX BILL ON A $267,286 PROPERTY WILL INCREASE 2.0% WHICH EQUALS $31.62
Page 334 of 340
Schedule “B” to By-Law 2020-21 1 2020 CAPITAL BUDGET 2
PROJECT
TOTAL
2020
3
YEAR(S)
PROJECT
BUDGET
PROPOSED FINANCING TAX LEVY
RESERVES
OTHER
4 GENERAL GOVERNMENT 5 Corporate Services 6 New Projects
Council Projectors Budgeting software incl reporting, self serve and metrics 8 Town Hall - Upgrade Electronic Sign 9 Branding Strategy and Implementation 10 11 Service Delivery Review 12 Total - Corporate Services 7
2020
7,500
7,500
7,500
Working Funds
2020
50,000
50,000
50,000
Working Funds
2020 2020/21 2020
45,000 40,000 50,000 192,500
45,000 25,000 50,000 177,500
45,000 25,000 50,000 177,500
Infrastructure Reserve Working Funds Working Funds re: Modernization Fund
0
0
13 14 PROTECTIVE SERVICES 15 Building 16 New Projects 17
Inspection Truck - convert to SUV (replace 2011 Chev Colorado 152,000 kms)
2020
50,000
50,000
18
Planning/Building Software & Support
2020/21
340,416
275,416
390,416
325,416
19 Sub-total
50,000
0
Building Equipment Reserve
31,354
244,062 Building Reserve/ RED & RIIEO Funding
81,354
244,062
20 Fire 21 New Projects
SUV - Assistant Fire Chief Volunteer Firefighters Standardized Uniforms & Safety Boots (125) 24 Radio Repeaters - 1st Run Pumpers (8) Bunker Gear (10) 25 Hoses and Appliances - Replacement 26 Forceable Entry - Training Prop 27 28 Drone - DJI Enterprise Breathing Apparatus Bench Tester 29 30 Sub-total
48,000
Fire Equipment Reserve
25,000 18,000
Fire Equipment Reserve Fire Equipment Reserve
22
2020
48,000
48,000
23
2020
63,000
63,000
63,000
2020 2020 2020 2020 2020 2020
28,800 25,000 18,000 10,000 7,200 12,000 212,000
28,800 25,000 18,000 10,000 7,200 12,000 212,000
28,800
109,000
12,000 103,000
0
602,416
537,416
109,000
184,354
244,062
40,000 65,000 290,000 50,000 370,000 500,000 50,000
40,000 65,000 290,000 50,000 30,000 50,000 50,000
40,000 65,000 290,000 50,000 30,000 50,000
PW - Equipment Reserve PW - Equipment Reserve PW - Equipment Reserve Infrastructure Reserve Infrastructure Reserve Infrastructure Reserve 50,000 Main Street Funding
31 Total - Protection Services 32
10,000 7,200 Infrastructure
33 TRANSPORTATION DEPARTMENT 34 New Projects 35 36 37 38 39 40 41
42
New Truck/SUV - replace Truck 13-56 3/4 Ton Truck - replace Truck 12-52 Tandem Truck - Replace Tandem 01-14 Electronic Sign - Sydenham Road & Keeley Streetlights - New Guiderail Upgrades Village(s) Revitalization
2020 2020 2020 2020 2018-2029 2020-29 2021
Linear Asset Construction-Villages/Local Roads/Arterial Roads (separate Listing)
43 Total
10,420,800 6,375,000 3,386,669 1,950,000
1,038,331
11,785,800 6,950,000 3,386,669 2,475,000
1,088,331
AIR 900,000 DCF 550,000 FGT 500,000 OCIF 508,412 County FGT 529,919
44 SYDENHAM WATER
Mechanical, instrumentation and eletrical upgrades (Utilites Kington recommended) 46 Total 47 ENVIRONMENTAL SERVICES 48 Sanitation-Disposal 49 Salem WDS- Vegetation & Benthic Monitoring 50 Green Bay WDS - Additional Monitoring Wells 51 Sub-total 52 Total 45
2020
2020 2020
50,000
50,000
50,000
50,000
8,500 20,000 28,500 78,500
8,500 20,000 28,500 78,500
50,000 0
50,000
0 0
8,500 20,000 28,500 78,500
Water Reserve 0
Infrastucture Reserve Infrastucture Reserve 0 0
53 54 TOWNSHIP FACILITIES MANAGEMENT 55 New Projects 56
Townhall - Charging Station for Electric Vehicles
57
Townhall - Accessible Entrance Ramp & Front Step
Townhall - Lower Floor renovations/reconfiguration & furnace Verona Medical Clinic - Design 2nd floor accessible 59 entrance 60 Glendower Hall- Gravel Parking Lot Extension 61 Keeley Admin Office - Window Replacement 62 Radon Abatement - various facilities 63 Verona Fire Hall - Repairs to Septic System 64 Keeley Road Improvements 65 Total 58
2020
30,000
30,000
30,000
Federal Gas Tax
2019-20
125,000
115,000
115,000
Facilities Reserve
2020
50,000
50,000
50,000
Facilities Reserve
2020
5,000
5,000
5,000
2020 2020 2020 2020 2019-2020
15,000 12,000 100,000 10,000 450,000 797,000
15,000 12,000 100,000 10,000 100,000 437,000
15,000 12,000 100,000 10,000 100,000 437,000
2020
100,000
100,000
100,000
2020
40,000
40,000
40,000
2019-2020
40,000
10,000
10,000
2020
10,000
10,000
10,000
0
Facilities Reserve Facilities Reserve Facilities Reserve Facilities Reserve Facilities Reserve Infrastructure Reserve 0
66 67 RECREATION 68 New Projects 69 70 71 72 73 74 75 76 77 78 79 80
Centennial Park - Ice Stock Dedicated Lanes Centennial Park - Resurface & Paint - Pickle Ball & Tennis Courts Gerald Ball Park - Resurface & Paint - Pickle Ball & Tennis Courts Point Park - Paint - Pickle Ball Point Park - Pedestrian Access to Tennis Court & Pickle Ball Point Park - Additional Dock for paddle sports Davidson Beach - Access Road to swim area Inverary Ball Park - Field Lighting Requirements Playground Rubberized Surfaces & Equipment various sites Bowes/Centennial/Point Ball Diamonds- Design of accessible washrooms Bowes/Centennial/Inverary/Point Ball DiamondsLighting key switches & timers - Safety concern Boat Launch Upgrades - Shipyards
Recreation Master Plan 82 Total - Recreation 81
Dev Charges Parkland Parkland Parkland
2020
25,000
25,000
25,000
2020 2020 2020
6,000 50,000 6,000
6,000 50,000 6,000
6,000 50,000 6,000
Infrastructure Reserve Parkland Infrastructure Reserve Parkland
2020
40,000
40,000
40,000
Parkland
2020
5,000
5,000
5,000
Parkland
2020
10,000
10,000
10,000
Parkland
2019-20
30,000
25,000
25,000
Parkland
2020
30,000 392,000
30,000 357,000
0
30,000 357,000
176,000 15,000 191,000
140,000 15,000 155,000
0
140,000 15,000 155,000
0
14,039,216 8,692,416 3,495,669 3,864,354
1,332,393
Dev Charges 0
83
PLANNING New Projects Official Plan 86 Community Benefit Charge Strategy 87 88 Total - Planning 84 85
2019-2021 2020
Federal Gas Tax Federal Gas Tax
89 90
TOTALS Item on hold - requiring follow up report to Council for release
Page 335 of 340
Schedule “B” to By-Law 2020-21 1 2020 CAPITAL BUDGET 2
PROJECT
TOTAL
2020
3
YEAR(S)
PROJECT
BUDGET
8
ARENA - based on grant submission to ICIP - separate report & presentation 2020 Condenser Unit replacement/Tower upgrades 120,000 2020 Plate Heat Exchanger (Chiller System) 150,000 2020 Brine Pump Package 25,000 2020 Floor Flushing and glycol charge 10,000 2020 Contingency 76,250
120,000 150,000 25,000 10,000 76,250
9
Total 2020
381,250
10
Arena floor/boards replacement Contingency Total 2021 Total 2020/2021
4 5 6 7
11 12 13
381,250 2021 2021 2020/2021
770,000 192,500 962,500 1,343,750
PROPOSED FINANCING TAX LEVY
RESERVES
OTHER
SF share
CF & Grant
59,991
151,452 211,443
321,259 Grant 73.33%/Central 10.93%/SF 15.74%
811,048 1,132,307
Page 336 of 340
Schedule “B” to By-Law 2020-21
1 Year 2020 2 Linear Asset Construction Schedule
Project
3 New Projects 4 Buck Bay Road Bridge 5 Bunker Hill Road Bridge 6 Carrying Place Road 7 Deyos Road 8 Fish Creek Road Bridge 9 Hinchinbrooke Road 10 Hinchinbrooke Road Culvert 11 Northshore Road 12 Perth Road at Buck Lake - Design 13 Petworth Road 14 Road 38 at Portland WDS 15 Sunbury Village 16 Yarker Road and Wilton Road Intersection 17 Hard Surface Preservation 18 Arterial Reserve 19 Total
Replace and widen for two lanes Removal, Close Road at Structure Complete Ditching and Surface Road, End to Fire Hall Complete Ditching Design 2019 - 2020, Replace 2020 Design in 2020, Relocate Poles, Complete 2021 Replace 2020 Reconstruction from North Shore Crescent to Leland Rd Design for culvert replacement, Widen, Boat Launch Kerr Road to Road 38, Reconstruction Mill asphalt, Profile surface, Pave with Fibres Start 2019, Complete July 2020 Design Various Roads
Total
2020
Year(s) 2020 2020 2018 - 2020 2020 - 2021 2019-2020 2020 - 2021 2020
Project 550,000 110,000 867,300 400,000 795,900 846,200 345,000
Budget 550,000 110,000 165,000 110,000 770,000 440,000 345,000
2020 2020 2020 2020 2019 - 2020 2020 - 2021 2020 2019-2022
660,000 50,000 660,000 86,000 2,115,600 705,800 1,129,000 1,100,000
660,000 50,000 660,000 86,000 1,150,000 50,000 1,129,000 100,000
10,420,800
6,375,000
Page 337 of 340
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-22 BEING A BY-LAW TO AMEND BY-LAW 2020-15, THE INTERIM TAX LEVY BY-LAW WITH RESPECT TO THE DATE TAXES ARE PAYABLE
WHEREAS Section 317(1) and (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that:
- 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 bylaw 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 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 due to the COVID-19 – Corona Virus global concern and the provincial closure of programming, facilities and extended school breaks, Council deems it necessary to extend the due date for the Interim Tax Levy to ensure the health and safety of all residents and staff, NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: THAT:
The said interim tax levy shall become due and payable on the 29th day of May, 2020.
This by-law shall come into force and take effect on the date of its final passing
Dated at the Township of South Frontenac this 14th day of April 2020. Read a first and second time this 14th day of April 2020. Read a third time and finally passed this 14th day of April 2020. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 338 of 340
INFORMATION REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT
AGENDA DATE:
April 14, 2020
SUBJECT:
Sunbury Village Construction - Sidewalk
RECOMMENDATION: For information only BACKGROUND: In 2019, the project for Sunbury Village Rehabilitation was awarded to R.W. Tomlinson. Works began on the storm sewer before Christmas to remove contaminated material before the project was closed for the season. As part of this project there was much discussion between staff and Council about including concrete sidewalks in the project. However, the anticipated cost difference at the time resulted in a 1.5m paved (asphalt) boulevard in place of the more expensive concrete. With the spring start up well underway the topic of sidewalks has arisen again. New information about the Township’s growth projections, and increased development pressures in the Sunbury area prompted staff to revisit the costing for sidewalks. A detailed cost break down has been completed. Based on calculations that have been confirmed with the contractor the cost for a concrete sidewalk in place of the asphalt pathway represents a net increase of only $10,000 to the project cost. Given that the amortization of concrete sidewalks is 50 years compared to 25 years for asphalt, the annual capital investment cost for sidewalks is $1,870.44/yr where the asphalt pathway is $3,340.50/yr. This information is provided below: Increased Quantities for idewalk 858m2 Sidewalk $109/m2 Includes granular Total Increase= $93,522 / 50 years = $1,870.44 / year Decreased Quantities with removal of asphalt path Item A7 – Granular A = $6,792 Item A11 – Surface Asphalt = $15,802.50 Item A13 – Miscellaneous Hot Mix = $60,918 Total Reduction = $83,512.50 / 25 years = $3,340.50 / year As a result of the life cycle costing of the concrete sidewalk compared to the asphalt pathway the Public Services Department, through delegated authority, has authorized R.W. Tomlinson to install the concrete sidewalk as quoted. FINANCIAL/STAFFING IMPLICATIONS: An amount of $2,115,600 was approved between the 2019 and 2020 Capital Budgets for this project. Sufficient funds exist within this Capital Budget to support the additional $10,000 cost for the concrete sidewalk.
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 339 of 340
INFORMATION REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT Submitted/approved by:
Prepared by:
Mark Segsworth, P. Eng. Public Works Manager
David Holliday, CET Technical Supervisor
Approved by: Neil Carbone CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 340 of 340
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-23 A BY-LAW TO CONFIRM GENERALLY PREVIOUS ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC. THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
The actions of the Council of the Corporation of the Township of South Frontenac at its Council Meeting of April 14, 2020 be confirmed.
Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.
This By-law shall come into force and take effect on the date of its passage.
Dated at the Township of South Frontenac this 14 day of April, 2020. Read a first and second time this 14 day of April, 2020. Read a third time and finally passed this 14 day of April, 2020.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
