Body: Council Type: Agenda Meeting: Regular Date: May 16, 2023 Collection: Council Agendas Municipality: South Frontenac
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Township of South Frontenac Council Meeting Agenda
TIME: DATE: PLACE:
7:00 PM, Tuesday, May 16, 2023 Council Chambers/Virtual Via Zoom .
Call to Order and Roll Call
a)
Resolution
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
a)
Resolution
Scheduled Closed Session
Recess
Public Meeting
a)
Notice of Collection
b)
Resolution - Call Public Meeting to Order
c)
Public Meeting: The Council of the Township of South Frontenac will host a public meeting at 7 pm on May 16, 2023 regarding proposed amendments to By-law 2017-76. The proposed amendments are related to select sections of the Council Procedure By-law primarily related to the administration of Council, Committee of the Whole, Delegations as well as Public Meetings Related to Planning Matters. (See Agenda Item 12. A.)
d)
Resolution - Close Public Meeting
e)
Resolution - Call Public Meeting to Order
f)
Public Meeting Introduction
g)
Public Meeting: Zoning By-law Amendment Application - PL-ZBA2023-0040, 5006610 Ontario Ltd (Tchegus, Way, Babcock), 2496 Rutledge Road
h)
Resolution - Close Public Meeting
Delegations
a)
Jerri Jerreat will be present to speak to Council regarding a Climate Action Plan.
Approval of Minutes
a)
Resolution
Business Arising
5
6 7 - 22
23 - 48
49 - 57
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Reports Requiring Action
a)
2023 Community Grants
58 - 64
Recommendation: That Council approve the twelve (12) Community Grant applications included in this Staff Report totalling $ 34,395; and, That any remaining funds be allocated to a second intake under the Community Grant Program with a deadline for applications July 31, 2023. b)
Award of Contract – Tanker
65 - 67
Recommendation: That Council approve the award of contract to Dependable Emergency Vehicles Ltd. for $604,500.19 (Net of HST Rebate) for the purchase of one tanker; and That Council authorize the additional funds required, in the amount of $46,500, to be funded from the Fire Services Equipment reserve.
c)
Award of Tender PS-2023-13 McMullen Net Sport Court Upgrades
68 - 75
Recommendation: That Council approved the bid submission from Crains Construction Limited in the amount of $245,546.22 (including HST Rebate) for tender PS-2023-13 - McMullen Net sport Court Upgrade; and That Council authorize a project budget increase in the amount of $126,323 be funded from the Asset Investment Reserve.
d)
Award of RFP # PS-P01-2023 - Preliminary Design Services for Reconstruction of Road 38
76 - 80
Recommendation: That Council award RFP # PS-P01-2023 Preliminary Design Services for the Reconstruction of Road 38 (Murton Road to Kingston Road) to Safe Roads Engineering for the successful bid of $98,055.94 (net of rebatable HST). e)
Award of RFP – Winter Road Salt
81 - 84
Recommendation: That Council approve the award of contract for RFP F18-TPW-PW-2023-02 to Cargill Salt, Road Safety for the purchase of coarse crushed rock salt with an annual upset limit of $523,200. 11.
Advisory Committee Reports or Minutes
By-laws
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a)
Amendments to Council Procedure By-law
85 129
Recommendation: That By-law 2023-44, attached as Exhibit A, being “A By-law To Amend By-law 201776, As Amended, “A By-law to Provide for Governing The Proceedings of the Council, The Conduct of Members and the Calling of Meetings” be given first and second reading; and That By-law 2023-44 be given third reading, signed and sealed; and That notwithstanding the current Council remuneration framework, remuneration for the Deputy Mayor and members of Council be increased annually by $750.00 to offset the loss of remuneration traditionally provided for the attendance of regularly scheduled Committee of the Whole meetings; it being understood that for 2023, annual remuneration for the Deputy Mayor will increase to $24,321.70 while remuneration for members of Council will increase to $17,240.68. 13.
Reports for Information
a)
By-law Enforcement and Short-Term Rental Survey Summary • The purpose of the report is to provide Council with a summary of the By-law Enforcement and Short-Term Rental Survey results. The Report also provides information regarding proposed next steps in relation to By-law Enforcement and short-term rental accommodation concerns.
130 165
b)
1st Quarter 2023 – Building Services Report • This report documents the delivery of Building Services within the Development Services Department between January 1, 2023, and March 31, 2023.
166 168
c)
1st Quarter 2023 – Planning Services Report • This report documents the delivery of Planning Services within the Development Services Department between January 1, 2023, and March 31, 2023 (1st Quarter, 2023).
169 172
d)
Award of Tender # PS-2023-16 – 1-Ton Pick Up Trucks • This report provides background on the budget and award of contract for the purchase of two (2) 1-Ton extended cab pick up trucks.
173 175
Information Items
a)
Cataraqui Conservation - 2022 Annual Report
176 188
b)
Correspondence received from National Chronic Pain Society
189
Notice of Motions
a)
Appointment of a Councillor as a representative of the Friends of the Cataraqui Trail Board of Directors
190 191
b)
Notice of Motion – Proposed support for the reconsideration of the current wording of Bill 23 with respect to Conservation Authority Review
192 194
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Announcements/Statements by Councillors
Question of Clarity (from the public on outcome of agenda items)
Closed Session (if requested)
a)
Resolution - That Council resolve itself into the Committee of the Whole “Closed Meeting” to consider the following items:
b)
Approval of March 21, 2023 and April 18, 2023 Committee of the Whole “Closed Meeting” Minutes
c)
A proposed or pending acquisition or disposition of land by the municipality or local board; and
d)
Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
e)
Resolution - That Council rise from the Committee of the Whole “Closed Meeting” without reporting.
Confirmatory By-law
a)
Resolution
Adjournment
a)
Resolution Natural, Vibrant and Growing - A Progressive Rural Leader
195
Notice of Collection • Personal information, as defined by the Municipal Freedom of Information and protection of Privacy Act (MFIPPA), including (but not limited to names, addresses, opinions and comments, is collected under the authority of the Municipal Act, 2001, Planning Act and in accordance with MFIPPA. • All personal information may form part of the meeting agendas and minutes, and therefore will be made available to members of the public at the meetings, through requests, and through the website of the Corporation of the Township of South Frontenac. • Questions regarding the collection, use and disclosure of this personal information may be directed to the Township Clerk. Page 5 of 195
Public Meeting Statement • If a person or public body would otherwise have an ability to appeal the decision of Council of the Township of South Frontenac to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Township before the by-law is passed, the person or public body is not entitled to appeal the decision. • If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Township before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal. • If you wish to be notified of the Township’s decision on the Zoning By-law Amendment submit a request to the Township Clerk by email care of planning@southfrontenac.net. Page 6 of 195
• Appeals must be filed with the Clerk within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal.
Public Meeting under the Planning Act Tuesday, May 16, 2023 7:00 p.m. Council Meeting
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Meeting Format • Planner reviews proposal and delivers report • Public questions and comments • Council questions and comments • Close public meeting
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PL-ZBA-2023-0040
Applicant: 5006610 Ontario Ltd. Agents: Robert Tchegus, Allan Way, Scott Babcock Property: 2496 Rutledge Road
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Location
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Proposal • Seven lot additions to residential properties approved in February 2023 • Existing Zone – RU • Proposed Zone – RLSW • To permit the intended residential uses of the enlarged lots Page 11 of 195
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Department, Agency and Public Comments • Public Services, Building Services, Cataraqui Conservation – application did not meet criteria for circulation • Public comments – none received to date
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Policy Framework Provincial Policy Statement Frontenac County Official Plan Township of South Frontenac Official Plan
Limited Service Residential Development
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Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting
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Public Questions and Comments If you are joining virtually and would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Council Questions and Comments Page 16 of 195
Adjourn Public Meeting
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To: Council Prepared by: Development Services Department Date of Meeting: May 16, 2023 Public Meeting for Zoning By-law Amendment Application Subject: PL-ZBA-2023-0040, 5006610 Ontario Ltd (Tchegus, Way, Babcock), 2496 Rutledge Road
Summary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0040 for a property municipally known as 2496 Rutledge Road. If approved, the zone on a portion of the subject lands would be changed from Rural (RU) to Limited Service Residential – Waterfront (RLSW). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application through the public meeting. Staff will bring a more detailed report considering applicable policy and public comments, as well as providing a recommendation to Council on this application at a future meeting.
Recommendation This report is for information only.
Background The application is related to seven consent applications for lot additions (PL-BDJ-20220144 to PL-BDJ-2022-0149 and PL-BDJ-2022-0164). The lot additions ranged in area from 0.8 acres to 12.6 acres. These consent applications were approved by the Director of Development Services in February 2023. The purpose of the rezoning application is to implement conditions that require these lands to be rezoned. The zone on the lot additions would be changed from Rural (RU) to Limited Service Residential – Waterfront (RLSW) in order to match the zone on the properties that are being enlarged. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 19 of 195 Township of South Frontenac Staff Report - PL-ZBA-2023-0040, 5006610 Ontario Ltd (Tchegus, Way, Babcock), 2496 Rutledge Road
Property Description The subject property is a large rural property located east of Sydenham, between Rutledge Road and Sydenham Lake. It is developed with a dwelling and accessory buildings near Rutledge Road. Sheila Lane runs through the centre of the subject property. There are several other rightsof-way off Sheila Lane including Carslake Lane, Boon Lane, Sparrow Ridge Lane, Sally Lane, and Fred Lane. These are all private roads, which serve as access to waterfront residential properties. Related Applications The property is subject to consent applications PL-BDJ-2022-0144 to PL-BDJ-2022-0149 and PL-BDJ-2022-0164 for lot additions. Agency Comments The subject application, as well as the consent applications, did not require comment from any Township departments nor Cataraqui Conservation. Public Services was not circulated because the applications are to facilitate lot additions and no new entrance on a public road is proposed as a part of the lot additions. Building Services was not circulated because no development is proposed related to a sewage system for the lot additions. Cataraqui Conservation was not circulated because the lots to be enlarged are already developed, and no additional development is proposed at this time. Public Comments No comments were received from the public at the time of writing this report.
Financial Implications Not applicable.
Relationship to Strategic Plans ☒ Not applicable to this report.
☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item (if applicable): N/A www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 20 of 195 Township of South Frontenac Staff Report - PL-ZBA-2023-0040, 5006610 Ontario Ltd (Tchegus, Way, Babcock), 2496 Rutledge Road
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Attachments
- Draft By-law
Approvals Report Prepared By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:
Brad Wright Director of Development Services
Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-XX BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LANDS FROM RURAL (RU) TO LIMITED SERVICE RESIDENTIAL – WATERFRONT (RLSW) ON LANDS DESCRIBED AS 2496 RUTLEDGE ROAD, PART LOT 7 CONCESSION 5, DISTRICT OF LOUGHBOROUGH: 5006610 ONTARIO LTD. WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “B” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Limited Service Residential – Waterfront (RLSW) for the lands shown on Schedule “1”. All other provisions of this By-law shall apply.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this ___ day of May, 2023. Read a first and second time this ___ day of May, 2023. Read a third time and finally passed this ___ day of May, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 22 of 195 Schedule 1 This is Schedule “1” to By-law No. 2023-XX.
Passed this ___ day of May, 2023
Ron Vandewal, Mayor
James Thompson, Clerk
South Frontenac Climate Action
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• The Climate Crisis is not “over there.” Climate Change makes all events, everywhere, worse.
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Frontenac Citizens for Climate Action
6
Suggestions to include in South Frontenac’s Climate Adaptation and Mitigation Plan
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1. Public Transportation
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2. E.V. charging stations
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3. South Frontenac could invest in a small electrical generating station for blackouts
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…
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4. Retrofit all our municipal buildings. One per year.
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5. Create a Climate Action Plan page on the South Frontenac website. Asap.
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6. Carpool areas
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Finally, to return to our first question… Has a consultant been hired for SF ( if needed) and will a first draft of our SF Climate Action Adaptation Mitigation Plan be ready for Council to discuss by the end of summer or early fall 2023? Page 46 of 195
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Page 49 of 195 Minutes of Council May, 2, 2023
Township of South Frontenac Council Meeting Minutes
Meeting #20 Time: 7:00 p.m. Location: Council Chambers / virtual via Zoom Present: Mayor Ron Vandewal, Ray Leonard, Steve Pegrum, Doug Morey, Charlene Godfrey, Norm Roberts, Randy Ruttan, Ron Sleeth, Scott Trueman Staff: Louise Fragnito - Chief Administrative Officer, James Thompson - Clerk, Michelle Hannah - Deputy Clerk, Brad Wright - Director of Development Services, Kyle Bolton Director of Public Services, Shelley Stedall - Director of Corporate Services and Treasurer, Troy Dunlop - Manager of Technical Services and Infrastructure. 1 a)
Call to Order and Roll Call The Deputy-Clerk conducted Roll Call Resolution No. 2023-20-01 Moved by Councillor Roberts Seconded by Councillor Leonard That the Council meeting of May 2, 2023 be called to order at 7:00 p.m.
2
Declaration of pecuniary interest and the general nature thereof
a)
None were declared.
3
Approval of Agenda
Carried
a) Resolution No. 2023-20-02 Moved by Councillor Morey Seconded by Councillor Godfrey That the agenda be approved, as presented. 4
Scheduled Closed Session
a)
There was none
5
Recess
a)
Not applicable
6
Public Meeting
a)
There was none
7
Delegations
a)
There were none
Carried
Page 50 of 195 Minutes of Council May, 2, 2023 8
Approval of Minutes
a) Resolution No. 2023-20-03 Moved by Councillor Pegrum Seconded by Councillor Trueman That the minutes of the April 18, 2023 Council meeting be approved. 9
Business Arising
a)
There was none.
10
Reports Requiring Action
a)
Amalgamation – 25 years
Carried
Resolution No. 2023-20-04 Moved by Councillor Roberts Seconded by Councillor Ruttan That Council support the wording “Stronger Together” and proposed logo designs to recognize the 25th anniversary of the January 1st 1998 amalgamation which created South Frontenac as a Township. Carried b)
Municipal Modernization Fund Reallocation Resolution No. 2023-20-05 Moved by Councillor Morey Seconded by Councillor Trueman That digitization of Development Services Records in the amount of $51,623 be completed by Image Advantage and that the project be funded from the Municipal Modernization Funds; and That a new Fuel Management System be implemented with additional costs of up to $48,603 to be funded from the balance of the Municipal Modernization funds. Carried
c)
Noise By-law Exemption Application In response to a question from Council, the Clerk advised that in his review of previous years’ by-law exemptions for Desert Lake Campground, Council was comfortable with a 10:30 instead of 11:00 for the exemption. Councillor Roberts moved a motion to amend the original motion from 11:00 to 10:30, Councillor Sleeth seconded the motion. The amendment carried. Resolution No. 2023-20-06 Moved by Councillor Ruttan Seconded by Councillor Morey That the Desert Lake Family Resort be granted an exemption from Section 3. Clause F. of By-law Number 2015-41, As Amended, “A By-Law To Prohibit And Regulate Noise Within The Township Of South Frontenac”, to permit musical events on May 21, July 1, August 6 and September 3 between 7:30 p.m. and 10:30 p.m..
Page 51 of 195 Minutes of Council May, 2, 2023 Carried d)
Draft Five Year Plan - Hard Surfaced Roads and Bridges (2023 to 2027) Resolution No. 2023-20-07 Moved by Councillor Leonard Seconded by Councillor Roberts That Council receive the Five-Year Plan - Hard Surfaced Roads and Bridges (2023 to 2027) for information; That Council direct staff to advance the preliminary design work for the hard surfaced roads forecasted for the 2024 year as approved in the 2023 budget ($45,000); and That Council consider the Five-Year Plan – Hard Surfaced Roads and Bridges (2023 to 2027) when reviewing capital budget priorities in future years. Carried
e)
Award of Tender # PS-2023-12 – Surface Treatment Program Resolution No. 2023-20-08 Moved by Councillor Ruttan Seconded by Councillor Pegrum That Council accept the bid from Miller Paving Ltd. In the amount of $1,138,955.21 (net of HST credits) for the 2023 Surface Treatment Program; and That Council authorize a project budget increase in the amount of $172,417.85 be funded from the Asset Investment Reserve. Carried
f)
Proposed Bylaw Amendments - Bulk Water Rates Resolution No. 2023-20-09 Moved by Councillor Trueman Seconded by Councillor Leonard That Council approve the updated Bulk Water Rates for 2023 in principle; and That Council direct staff to hold a Public Meeting on June 6, 2023, in accordance with By-law 2016-73, regarding the proposed amendments to the Schedule of Miscellaneous Water Service Charges. Carried
g)
Bylaw Exemption Request for Camping at Centennial Park for the America’s Cup Stocksport Tournament Resolution No. 2023-20-10 Moved by Councillor Godfrey Seconded by Councillor Roberts That Council approve a by-law exemption to permit overnight camping at members of the America’s Cup Stocksport Tournament at Centennial Park in Harrowsmith as per By-Law 2003-90 from July 21st – July 27th, 2023. Carried
h)
Award of Contract – Half Ton Trucks Resolution No. 2023-20-11 Moved by Councillor Roberts Seconded by Councillor Morey
Page 52 of 195 Minutes of Council May, 2, 2023 That Council approve the award of contract PS-2023-17 to Petrie Ford Sales Ltd for $189,591.09 (Inc. Net HST Rebate) for the purchase of three (3) half ton trucks; and That Council authorize the additional funds required, in the amount of $57,091.09, to be funded from the Public Services Equipment reserve. i)
Carried
Municipally Significant Event Designation for the Harrowsmith Canada Day Event Council directed staff to review the event to ensure that proper security measures are in place. Resolution No. 2023-20-12 Moved by Councillor Morey Seconded by Councillor Leonard That Council designate the Harrowsmith Canada Day event as municipally significant in support of an Alcohol & Gaming Commission of Ontario Special Occasion Permit Application. Carried
j)
Reconsideration of Harmonize Service Levels for Centerline Painting – PS-2023-11 Pavement Marking Program Resolution No. 2023-20-13 Moved by Councillor Roberts Seconded by Councillor Leonard That Council decline to proceed with Option 3 as outlined in PS-2023-11 Pavement Marking Program; and That Council approve Option 2 as outlined in PS-2023-11 Pavement Marking Program; it being understood that the Director of Public Services has the authority to determine whether line painting on urban roads or roads with estate residential subdivisions roads is required; and That $82, 507 be allocated from the Asset Investment Reserve to provide the additional funds required. Carried
11 a)
Advisory Committee Reports or Minutes There were none.
12
By-laws
a)
Devil Lake Causeway Loitering By-law – Process Harmonization Resolution No. 2023-20-14 Moved by Councillor Leonard Seconded by Councillor Godfrey That By-law 2023-35 attached as Exhibit A, being ‘A By-Law To Prohibit Pedestrians From Standing And/Or Loitering At All Times Along Municipal Highways Within The Confines Of The Devil Lake Causeway On Perth Road’, be given first and second reading. Carried
Page 53 of 195 Minutes of Council May, 2, 2023 Resolution No. 2023-20-15 Moved by Councillor Trueman Seconded by Councillor Pegrum That By-law 2023-35 be given third reading, signed and sealed.
Carried
Resolution No. 2023-20-16 Moved by Councillor Godfrey Seconded by Councillor Roberts That By-law 2023-36 attached as Exhibit B, being ‘A By-law to Amend By-law 2022-70, As Amended, A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’, be given first and second reading. Carried Resolution No. 2023-20-17 Moved by Councillor Pegrum Seconded by Councillor Ruttan That By-law 2023-36 be given third reading, signed and sealed. b)
Carried
Township Initiated Zoning By-law Amendment Application PL-ZBA-2023-0031 on Matters Excluding Additional Dwelling Units Resolution No. 2023-20-18 Moved by Councillor Pegrum Seconded by Deputy Mayor Leonard That By-law 2023-37 being a By-law to amend By-law 2003-075, as amended, to undertake Township-initiated general amendments to Zoning By-law No. 200375, as amended, to change the title of the Zoning By-law administrator, to update provisions related to accessory buildings and structures, and to add provisions relating to model homes and seasonal dwellings in the Rural zone, be given first and second reading. Carried Resolution No. 2023-20-19 Moved by Councillor Leonard Seconded by Councillor Morey That By-law 2023-37 be given third reading, signed and sealed.
c)
Carried
Zoning By-law Amendment Application - PL-ZBA-2023-0035, Lee Dillabough, 151 Barr Lane (1793 Green Bay Road) Resolution No. 2023-20-20 Moved by Deputy Mayor Sleeth Seconded by Councillor Leonard That By-law 2023-38 to amend the zoning on lands known as 1793 Green Bay Road, Part Lot 16 and 17, Concession 3 and 4, District of Bedford, Township of South Frontenac be given first and second reading. Carried Resolution No. 2023-20-21 Moved by Councillor Roberts Seconded by Councillor Leonard That By-law 2023-38 be given third reading, signed and sealed.
Carried
Page 54 of 195 Minutes of Council May, 2, 2023 d)
Implementation of Administrative Monetary Penalties – Waste Management By-law Deputy Mayor Sleeth assumed the role of Chair. Resolution No. 2023-20-22 Moved by Councillor Roberts Seconded by Councillor Ruttan That By-law 2023-39 attached as Exhibit A, being ‘By-law to Amend By-law 2022-70, ‘A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws”, as amended to include an Administrative Monetary Penalty ($200.00) related to Clause 25 of the Waste Management By-Law which reads as follows: “25. Any waste which the Municipality declines to collect, and all reusable Garbage Containers, Blue Boxes, garbage bins and recycling receptacles, shall be removed from the curbside or collection site by the owner, operator, or Occupant of the Dwelling Unit, Multi-Residential Building, or commercial, institutional, or industrial establishment by or on whose behalf same was placed for collection, before 8:00 p.m. on the day on which the collection was scheduled to be made.”, be given first and second reading. Carried As Amended See Motion to Amend Which Carried Resolution No. 2023-20-23 Moved by Mayor Vandewal Seconded by Councillor Roberts That by-law 2023-39 be amended to include an Administrative Monetary Penalty ($200.00) related to Clause 25 of the Waste Management by which reads as follows “25. Any waste which the Municipality declines to collect, and all reusable Garbage Containers, Blue Boxes, garbage bins and recycling receptacles, shall be removed from the curbside or collection site by the owner, operator, or Occupant of the Dwelling Unit, Multi-Residential Building, or commercial, institutional, or industrial establishment by or on whose behalf same was placed for collection, before 8:00 p.m. on the day on which the collection was scheduled to be made.” Carried Resolution No. 2023-20-24 Moved by Councillor Pegrum Seconded by Councillor Morey That By-law 2023-39, as amended, be given third reading, signed and sealed. Carried Mayor Vandewal resumed the role of Chair. Resolution No. 2023-20-25 Moved by Councillor Leonard Seconded by Deputy Mayor Sleeth That By-law 2023-40 attached as Exhibit B, being “A By-Law to Amend By-Law 2005-98, ‘‘A By-Law For Providing And Maintaining A System For The Collection, Removal And Disposal Of Garbage And Recyclable Materials, And To Repeal Certain By-Laws From The Former Municipalities That Deal With The Same Subject Matter”, be given first and second reading. Carried
Page 55 of 195 Minutes of Council May, 2, 2023
Resolution No. 2023-20-26 Moved by Councillor Morey Seconded by Councillor Trueman That By-law 2023-40 be given third reading, signed and sealed. e)
Carried
Appointment of Interim Director of Emergency Services & Fire Chief and Community Emergency Management Coordinator Resolution No. 2023-20-27 Moved by Deputy Mayor Sleeth Seconded by Councillor Roberts That By-law 2023-41 being a By-law to appoint Alex Bennett as Interim Director of Emergency Services & Fire Chief be given first and second reading. Carried Resolution No. 2023-20-28 Moved by Councillor Trueman Seconded by Councillor Pegrum That By-law 2023-41 be given third reading, signed and sealed.
Carried
Resolution No. 2023-20-29 Moved by Councillor Roberts Seconded by Councillor Godfrey That By-law 2023-42 being a By-law to appoint James Thompson as Community Emergency Management Coordinator be given first and second reading. Carried Resolution No. 2023-20-30 Moved by Councillor Pegrum Seconded by Councillor Trueman That By-law 2023-42 be given third reading, signed and sealed.
Carried
13
Reports for Information
a)
Award of Tender # PS-2023-10 – Crack Sealing Program • The report provided background on the budget and award of contract for the annual crack sealing program for paved roadways.
b)
Award of Tender # PS-2023-03 – Sunbury Road Phase 1 • The report provided background on the budget and award of contract for the reconstruction of a 4.0km long section of Sunbury Road from Battersea Road to Factory Road.
14
Information Items
a)
Correspondence received from Friends of the Cataraqui Trail, Board of Directors Councillor Roberts requested that staff to bring the matter back to Council as a Notice of Motion for consideration.
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Notice of Motions
a)
Notice of Motion – Proposed support for Bill 5, Stopping Harassment and Abuse by Local Leaders Act, 2022 Resolution No. 2023-20-31 Moved by Councillor Godfrey Seconded by Councillor Pegrum That the members of the South Frontenac Council support Bill 5, Stopping Harassment and Abuse by Local Leaders Act, 2022. Carried
b)
Mayor Vandewal advised he is serving a Notice of Motion at the next Council meeting, with respect to asking the Province to be able to comment on Natural Heritage in response to Bill 23.
16
Announcements/Statements by Councillors
a)
Mayor Vandewal spoke to the Touch the Truck event scheduled for May 5, 2023.
17
Question of Clarity (from the public on outcome of agenda items)
a)
There was none.
18
Closed Session (if requested)
a)
There was none.
19
Confirmatory By-law
a)
Resolution Resolution No. 2023-20-32 Moved by Councillor Ruttan Seconded by Councillor Leonard That By-law 2023-43, being a by-law to confirm generally all actions and proceedings of the Council of the Township of South Frontenac, be given first and second reading. Carried Resolution No. 2023-20-33 Moved by Deputy Mayor Sleeth Seconded by Councillor Morey That By-law 2023-43, being the confirmatory by-law, be given third reading, signed and sealed. Carried
20
Adjournment
a)
Resolution Resolution No. 2023-20-34 Moved by Councillor Morey Seconded by Councillor Godfrey That the Council meeting of May 2, 2023 be adjourned at 8:33 p.m.
Carried
Page 57 of 195 Minutes of Council May, 2, 2023
Ron Vandewal, Mayor
James Thompson, Clerk
Page 58 of 195
To: Council Prepared by: Corporate Services Department Date of Meeting: May 16, 2023 Subject: 2023 Community Grants
Summary
The report provides a summary of Community Grants submissions received and the staff recommended allocation for Council approval.
Recommendation
That Council approve the twelve (12) Community Grant applications included in this Staff Report totalling $ 34,395; and, That any remaining funds be allocated to a second intake under the Community Grant Program with a deadline for applications July 31, 2023.
Background
2023 is the tenth year that the Township has accepted applications to its Community Project Grant program. Website and newspaper ads were placed soliciting applications. The 2023 budget included an amount of $35,000 in new funding. There was also carryover from 2022 from unallocated funding in the amount of $31,792. The total available to allocate is $66,792.
Discussion/Analysis
Applications were accepted for the Community Project Grant program up to March 31, 2023. Twenty (20) applications were received in response to the Township’s advertisements. The Chief Administrative Officer, Treasurer and Financial Analyst reviewed and evaluated the applications against the Community Project Grant Policy. Eleven (11) of the twenty (20) applications, meet the requirements of the grant program and are recommended for funding under various streams, as noted in the table below. One (1) of these applications is also flagged as pending where if approved, funds won’t be released until missing quotes are provided.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 59 of 195 Township of South Frontenac Staff Report - 2023 Community Grants
Recommended for Approval Applicant
Grant Stream
Battersea United Church
Capital
Bellrock Community Hall (Application #1)
Capital
Frontenac County Plowmen’s Association
Sponsorship
Frontenac Farmers Sponsorship Market Frontenac Society of Model Engineers Loughborough Firefighters Association New Leaf Link (NeLL) South Frontenac Museum Society South Frontenac Stocksport Club Storrington Lions Club
Purpose Purchase of lightweight collapsible tables Building Upgrades (Eavestrough & Downpipes, Sand & Paint Bathroom, Install Hose Bib Connection, Install Existing Patio Door)
Total Project
Eligible Amount
Staff
Recommended
$3,000
$1,500
$1,500
$12,326
$5,000
Pending – $5,000
2023 Frontenac County Plowing Match
$1,500
$1,500
$1,500
Market Revitalization
$2,500
$2,500
$2,500
Capital
Additional passenger car, improvements to storage facility.
$7,560
$3,780
$3,780
Sponsorship
2023 Sydenham Santa Claus Parade
$2,450
$2,000
$2,000
Sponsorship NeLL Open Houses
$2,500
$2,197
$2,197
Operating (Expanded Programs)
$3,000
$2,500
$2,500
$3,093
$2,500
$2,500
$11,681
$5,000
$5,000
Cataloguing Assistant
America’s Cup Stocksport Event Sponsorship flags, podium, sound system rental Accessible Door and Capital ramp installation.
Sydenham Lake Canoe Club
Capital
Shelter Tents
$1,836
$918
$918
Wintergreen Studios
Capital
Building Sustainable Cabin Demonstration Site
$35,000
$5,000
$5,000
$86,446
$34,395
$34,395
Total Eligible and Recommended
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 60 of 195 Township of South Frontenac Staff Report - 2023 Community Grants
Applications not being Recommended Applicant
Grant Stream
Battersea Pumpkin Sponsorship Festival Bellrock Community Capital Hall (Application #2) Frontenac 4-H Association
Operating (Expanded Program)
Frontenac 4-H Swine Club
Operating (Expanded Program)
Harrowsmith and District Social and Athletic Club
Operating (Expanded Program)
Loughborough Lake Association
Sponsorship
South Frontenac Community Services
Operating (Expanded Program)
Sydenham High School
Sponsorship
Purpose
Total Project
Eligible Amount
Reason
Battersea Pumpkin Festival
$2,500
$0
Does not meet funding criteria
Building Maintenance Requirements (Frig, Stove, BBQ)
$2,500
Only one $0 application for each intake year
4-H Activities: life skills clubs, Pork BBQ, Regional Judging
$1,500
$0
Not an expanded Program
Purchase animal, feed.
$1,000
$0
Not an expanded Program
$2,500
Not an expanded Program and Dog $0 Therapy has limited public reach
$2,500
Not $0 broad/Township wide reach
$2,500
$0
CPR certification & Therapy Dog Training 60th Year Celebrations Loughborough Lake Association Immersive Frontenac Support - AV equipment, Development of social media/website Sydenham High School 150th Reunion
$2,500
Does not match criteria
Not broad/Township $0 wide reach
Financial Implications
The recommendations of this report will result in the distribution of community grant funding to twelve (12) eligible applicants totalling $34,395. The remaining funds available for future community grant funding will be $32,397. It is recommended that there be a second intake for Community Grant Projects with a deadline for application of July 31, 2023.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 61 of 195 Township of South Frontenac Staff Report - 2023 Community Grants
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: Choose an item.
Notice/Consultation
Kyle Griese, Financial Analyst
Attachments
Community Grants Policy
Approvals Submitted By:
Shelley Stedall Director of Corporate Services & Treasurer Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 62 of 195 Township of South Frontenac 4432 George St, Box 100 Sydenham ON, K0H 2T0 613-376-3027 Ext 4354 communications@southfrontenac.net
Community Grants Policy
- Purpose This policy is to establish a grant process that supports and encourages community organizations and events that enrich the quality of life within the Township. 2 . Policy The Township on a yearly basis will solicit applications from community organizations for projects or events supporting community initiatives. The total amount available within a calendar year will be based on what has been set within the year’s operating budget. Individual allocations to organizations will be based on a pre-determined structure. Being approved in one year does not guarantee funding in the following year. Definitions & Guideline: Community organizations: Not for profit including unincorporated groups or registered charitable organizations who: o operate a business, provide a service or event within the geographic boundaries of the Township of South Frontenac o have the ability to show the stability or sustainability of the organization/group o in the previous calendar year, received less than 75% of its operating budget from government grants. o Submitted financial statements from the previous calendar year with your Letter of Intent along with a list of current officers. Criteria for All Grant Recipients:
- Submissions must have a well-defined purpose and take place / be completed within the calendar year of receiving the grant.
- Submissions must meet the requirements of the application process.
- The Grant request may be for: • a new, improved or expanded community service (including necessary supplies) • a community event • an acquisition, improvement or expansion of a facility or its related equipment • the acquisition and installation of community assets
- Final reports from any previous year’s funding must have been received in order to be considered for the current year.
- Unspent funds must be returned to the Township following completion of the project. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive Rural Leader.
Page 63 of 195 Township of South Frontenac 4432 George St, Box 100 Sydenham ON, K0H 2T0 613-376-3027 Ext 4354 communications@southfrontenac.net 6. Applicants cannot be in receipt of other program specific Township funding Grant Streams:
- Operating • Grant up to $2,500 • Grants will not be given: o to cover deficit or retire debt o to respond to annual fundraising drives to sustain support o to support recurring operating expenses of established organizations or programs
- Sponsorship • Grant up to $2,500 • Sponsorship funds provided must be for a specific purpose of the event (i.e. music, food, sleigh rides, etc.) • Township sponsorship must be clearly acknowledged and promoted at the event and in all materials • The event must be open to the community and must be free to attend, or as an alternative the proceeds are provided to a local charity
- Capital • Grant up to $5,000 • The applying organization must match the grant dollar for dollar • Can be used for the acquisition, improvement or expansion of equipment or facility owned by the applicant • Written quotes for the work must be submitted with the application • 50% of the approved grant will be released upon approval and the remaining 50% of the grant will be paid out upon submission of paid receipts
- Community Asset • Grant up to $2,500 • Applicant must be providing further funding or in kind services associated with the project • Examples include benches, signs, planter boxes • These assets ultimately become property of the Township Preference will be given to new projects/new groups however previously approved projects/groups may also reapply and be approved for further funding if there is evidence that the program or event is developing successfully.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive Rural Leader.
Page 64 of 195 Township of South Frontenac 4432 George St, Box 100 Sydenham ON, K0H 2T0 613-376-3027 Ext 4354 communications@southfrontenac.net
Schedule 1: Application Process How to Apply:
- the Township will advertise on their website and in the local paper to announce the application process. Applications will be received until Friday, March 31, 2023.
- Download and complete the Letter of Intent form from our website.
- Deliver or email your Letter of Intent, along with necessary financial statements, in person or by mail to: Township of South Frontenac P.O. Box 100 4432 George Street Sydenham, ON K0H 2T0 Re: Community Grants
- All Letter of Intents will be reviewed by staff and presented for Council approval. Grant decisions are anticipated to be announced by mid-May. Evaluation: Once all applications have been received, staff will review them and rate them on their impact to the community and the ability to support or improve the quality of life for residents. A pre-determined scoring system will be used by the Township prior to beginning the review process. Should multiple applicants meet the application requirements and goals of the funding, a fixed amount will be granted to each organization with any remaining funding allocated based on the percentage applied for and the total funding available. Submissions beyond the scope of this grant process may be presented for separate consideration to council in advance of the next operating budget review. If you are selected for a grant, you will be asked to sign a grant agreement. Upon completion of your project or event, you are required to submit a Final report. The final report is intended to help you evaluate the initiative and help us evaluate the effectiveness of our grants in supporting and improving the quality of life in our community. Contact: For further assistance, please contact communications@southfrontenac.net www.southfrontenac.net Natural, Vibrant and Growing – a Progressive Rural Leader.
Page 65 of 195
s
To: Council Prepared by: Fire & Emergency Services Department Date of Meeting: May 16, 2023 Subject: Award of Contract – Tanker
Summary The purpose of this report is to seek Council approval to execute a contract for the purchase of a replacement tanker with Dependable Emergency Vehicles Ltd.
Recommendation That Council approve the award of contract to Dependable Emergency Vehicles Ltd. for $604,500.19 (Net of HST Rebate) for the purchase of one tanker; and That Council authorize the additional funds required, in the amount of $46,500, to be funded from the Fire Services Equipment reserve.
Background On July 12, 2022, Council approved the purchase of a replacement tanker which was scheduled for replacement in 2024. The budget pre-approval was requested due to delays in delivery times up to 24 months.
Discussion/Analysis The Interim Director of Emergency Services/Fire Chief and CAO investigated options in the procurement of the tanker. To expedite the procurement process, the Township researched using the Canoe Procurement Group of Canada (Canoe) program which is offered through LAS, a subsidiary of the Association of Municipalities of Ontario (AMO) offering business services for Ontario Municipalities. The Canoe program is a mechanism for group purchasing for over 5,000 organizations throughout not only Ontario but Canada. It operates under a competitive bid process for suppliers which save municipalities the time from doing a tender or RFP. Further, it meets all municipal procurement requirements along with being fully compliant with trade agreements. Through the Canoe program, a bid was received from e-One in the amount of $691,550.78, net of HST rebate with a 22-26 months delivery timeline.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 66 of 195 Township of South Frontenac Staff Report - Award of Contract – Tanker
The Director of Emergency Services/Fire Chief attended the Ontario Association of Fire Chiefs (OAFC) conference the week of May 1st which included a vendor Trade Show. At that trade show, he was advised by Dependable Emergency Vehicles Ltd, that they had one tanker available going into production with a summer 2023 delivery date. The Director requested a formal quote and reviewed all the specifications and confirmed that the tanker meet all Township requirements. A third quote was also requested from a vendor of record, Fort Garry Trucks. Below is a summary of pricing and delivery timelines: Total (Inc. Net HST Rebate)
Delivery estimate
Dependable Emergency Vehicles Ltd
$604,500.19
Summer 2023
e-One
$691,550.78
22-26 months
Fort Garry
$620,648.50
24 months
Vendor
Staff are recommending the award of the tanker contract to Dependable Emergency Vehicles. The Township has not purchased from this vendor in the past but has reached out to several other Municipal Fire services who have regularly used them and have advised that they have had no issues or concerns and confirmed the vendor’s reputable customer service and warranty standards. The following is a breakdown of the total cost of the tanker: Item Tanker Communications (radios) Decaling Equipment (tools, firehose, etc) Total
Cost (net of HST rebate) $604,500 $2,000 $5,000 $10,000 $621,500
Financial Implications The 2023 budget includes an amount of $575,000 for the purchase of the tanker. An additional amount of $46,500 is required to fund the shortfall. It is recommended that the shortfall be funded from the Fire Services Equipment Reserve. The fleet replacement schedule will also be updated to reflect current market prices.
Relationship to Strategic Plans ☒ Not applicable to this report. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 67 of 195 Township of South Frontenac Staff Report - Award of Contract – Tanker
☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item:
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation •
Shelley Stedall, Director of Corporate Services & Treasurer
Attachments None.
Approvals Submitted By: Alex Bennett Director of Emergency Services/Fire Chief Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 68 of 195
To: Council Prepared by: Public Services Deparment Date of Meeting: May 16, 2023 Subject:
Award of Tender PS-2023-13 McMullen Net Sport Court Upgrades
Summary This report provides a recommendation for the award of contract PS-2023-013 for the asphalt surface and fencing portion of the McMullen Net Sport Courts in Verona.
Recommendation That Council approved the bid submission from Crains Construction Limited in the amount of $245,546.22 (including HST Rebate) for tender PS-2023-13 - McMullen Net sport Court Upgrade; and That Council authorize a project budget increase in the amount of $126,323 be funded from the Asset Investment Reserve.
Background Council approved the reconstruction and resurfacing of the McMullen net sport courts in Verona as part of the 2022 Capital budget process. Complete reconstruction of the McMullen net sport courts will provide an opportunity to create a safe and vibrant space that offers tennis, basketball and shuffleboard. The footprint of the previous tennis courts did not meet the official size requirements for recreational tennis play. The new footprint would exceed these requirements and meet the specifications for tournament tennis providing greater opportunity to continue to grow the sport locally and improving player safety. The Township doesn’t currently have a two court Tennis facility in our net sport court inventory to support group/club or Tournament play. The space will also include a small basketball area and a space for shuffleboard. The McMullen net sport court project was planned to be completed in three phases: Phase 1 – Demolition of Existing Courts Phase 2 – Asphalt Surface and Fencing Work Phase 3 – Resurfacing and Equipment Installation
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 69 of 195 Township of South Frontenac Staff Report - Award of Tender PS-2023-13 McMullen Net Sport Court Upgrades
On June 7, 2022 the contract for Phase 3 – Resurfacing and Equipment Installation was awarded to Jeff Wallen’s Construction for the amount of $184,800. The June 7, 2022 Council Report is attached as Appendix A for reference. The Phase 1 – Demolition of Existing Courts has already been completed in-house with staff.
Discussion/Analysis The Township worked with Jewell Engineering and Trophic Design, an Ontario landscape architect, to design the court layout that meets industry standards and the pavement structure required to support the new court surface. The scope of the project was increased to address concerns with site drainage, site access, and the proximity of the facility to the surrounding Verona Cemetery. The specifications also changed to address accessibility requirements, concrete pads for benches, and higher quality fence equipment. The site plan layout for the courts is attached as Appendix B to provide a visual of the court configuration. A tender for the Phase 2 – Asphalt Surface and Fencing Work portion of the project was advertised and closed on April 12, 2023 with five (5) complete submissions. The results of the tender bids are in the table below: COMPANY NAME (BIDDER)
BID PRICE (NET OF HST REBATE)
AWD CONTRACTORS
$295,093.52
CRAINS CONSTRUCTION LTD
$245,546.22
JEFFREY G. WALLANS CONSTRUCTION
$462,132.86
KILEY PAVING LTD
$288,679.38
WEMP & SMITH CONSTRUCTION
$325,555.91
Staff completed a detailed review of the Crains Construction bid submission and found their tender bid to be balanced. Crains Construction is a very reputable company that has experience in overseeing construction projects of varying complexity and the experience and expertise to meet the project specifications and create a solid foundation for the next phase of this exciting project. The combination of the two contacts for Phase 2 and 3 will put the project over budget with an estimated shortfall of $126,323. A detailed breakdown can be found in the financial implications below. The two contracts were compared to the budget that was created in the fall of 2021 and the following items contributed to the shortfall: •
Engineering and landscape architect costs for site plan and pavement design www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 70 of 195 Township of South Frontenac Staff Report - Award of Tender PS-2023-13 McMullen Net Sport Court Upgrades
• • •
Increase to the cost and amount of asphalt paving Increase to the cost and amount of fencing material Increase in scope to improve site access and accessibility
It is therefore recommended that the low bid from Crains Construction be accepted and that the Township proceed with the award of contract.
Financial Implications Capital project 22-38 has a budget of $350,000 which is insufficient to complete the project. The additional $126,323 will be funded from the Asset Investment Reserve. A detailed breakdown of the revised project budget is provided below: ACTIVITY
COST ($)
Engineering Design
$19,477
Crains Construction Contract
$245,546
Jeff Wallen’s Construction Contract
$184,800
Contract Administration & Quality Assurance
$5,000
Subtotal
$454,823
Contingency Allowance - 5% of Phase 2 & 3 only
$21,500
Revised Project Budget (Inc. Non-Refundable HST)
$476,323
Approved Budget (2022)
$350,000
Estimated Shortfall
$126,323
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. Priority: 2. Promote and support growth than meets the community’s needs while maintaining the integrity of our natural environment.
Climate Considerations ☒ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 71 of 195 Township of South Frontenac Staff Report - Award of Tender PS-2023-13 McMullen Net Sport Court Upgrades
By replacing the current black asphalt surface with a coloured surface using acrylic, waterbased materials there is a positive mitigative result. In addition to the materials having low levels of volatile organic compounds, the colour rubberized material reduces the ‘heat island’ effect typically experienced with the black top asphalt. The result is a safer more enjoyable playing surface that reduces impact on the users and environment.
Notice/Consultation • • •
Director of Corporate Services & Treasurer Manager of Recreation and Facilities Manager of Engineering and Capital Projects
Attachments Appendix A – June 7, 2022 Council Report Appendix B – Net Sport Court Layout
Approvals Submitted By:
Kyle Bolton Director of Public Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 72 of 195
To: Council Prepared by: Public Services Deparment Date of Meeting: June 7, 2022 Subject:
Project Award: Resurfacing of Verona/McMullen Netsport Courts
Summary This report provides information on awarding the contract for the Resurfacing of Verona/McMullen Netsport Courts.
Recommendation That Council approved the bid submission from Jeff Wallen’s Construction in the amount of $184,800 in relation to request for proposal for PS-2022-13 - Resurfacing of McMullen Netsports Courts; AND That Council authorize the Public Services Department to enter into an agreement with Jeff Wallen’s Construction with a change order to reflect the new project start date of spring 2023; AND That Council authorize staff to negotiate any required considerations and pricing adjustments for the phase three work in relation to material costs to an upset limit of the approved 2022 budget for the overall project.
Background Council approved the reconstruction and resurfacing of the McMullen/Verona net sport courts as part of the 2022 Capital budget process. Complete reconstruction of the McMullen net sport courts in Verona will provide an opportunity to create a safe and vibrant space that offers tennis, basketball and shuffleboard. The current footprint of the tennis courts does not meet the official size requirements for recreational tennis play. The new footprint would exceed these requirements and meet the specifications for tournament tennis providing greater opportunity to continue to grow the sport locally and improving player safety. The space will also include a small basketball area and a space for shuffleboard. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 73 of 195 Township of South Frontenac Staff Report - Project Award: Resurfacing of Verona/McMullen Netsport Courts
Discussion/Analysis The reconstruction and resurfacing project will occur in three phases: Phase one: demolition of existing court to occur late summer of 2022 Phase two: asphalt surface and fencing work to occur late fall of 2022 Phase three: resurfacing and equipment installation to occur spring of 2023 A detailed project Tender for the third phase of the project (resurfacing and equipment installation) was issued and closed on April 27, 2022. Jeff Wallen’s Construction with the support of Court Contractors Ltd was the sole bidder for this phase of the project. Jeff Wallen’s Construction is a very reputable company that has experience in overseeing construction projects of varying complexity. Court Contractors Ltd is an Ontario Tennis Association approved company that has specialized in this type of work since 1973. Township Staff has full confidence in the experience and expertise of these companies to meet the project specifications and create a premiere facility for South Frontenac residents. They have met all the Request for Proposal requirements and references provided have been contacted. The submission in the amount of $184,800 is competitive and falls within the approved budget of $350,000. Originally, the tender was issued with a September 15th deadline for completion of the work. Due to requiring further information and time to check references, along with the other components requiring completion prior to resurfacing, Staff and the Court Contractors were concerned that original timelines were too restrictive to complete the project by the September 15th (colour application deadline). Sourcing of required materials is also a challenge due to supply chain demands. With all these considerations Staff and Jeff Wallen’s Construction feel that a spring 2023 start date is the best possible solution to keep the project moving forward.
Financial Implications The 2022 budget of $350,000 is sufficient for the required three phases of the project. Considerations and pricing adjustments will be negotiated for the phase three work in relation to material costs that may have a market increase in 2023.
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 74 of 195 Township of South Frontenac Staff Report - Project Award: Resurfacing of Verona/McMullen Netsport Courts
Priority: 2. Promote and support growth than meets the community’s needs while maintaining the integrity of our natural environment.
Climate Considerations ☐ Not applicable to this report. ☒ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. By replacing the current black asphalt surface with a coloured surface using acrylic, waterbased materials there is a positive mitigative result. In addition to the materials having low levels of volatile organic compounds, the colour rubberized material reduces the ‘heat island’ effect typically experienced with the black top asphalt. The result is a safer more enjoyable playing surface that reduces impact on the users and environment.
Notice/Consultation
Louise Fragnito, CAO. Troy Dunlop, Manager of Technical Services and Infrastructure
Approvals Submitted By:
Tim Laprade Recreation and Arena Manager
Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
McMullen Net Sport Courts Layout
Page 75 of 195
Page 76 of 195
s
To: Council Prepared by: Public Services Department Date of Meeting: May 16, 2023 Subject:
Award of RFP # PS-P01-2023 Preliminary Design Services for Reconstruction of Road 38
Summary This report provides a summary of the Request for Proposal # PS-P01-2023 evaluation and recommends the award of contract for the Preliminary Design Services for the Reconstruction of Road 38 (Murton Road to Kingston Road) be awarded to the highest ranking proponent.
Recommendation That Council award RFP # PS-P01-2023 Preliminary Design Services for the Reconstruction of Road 38 (Murton Road to Kingston Road) to Safe Roads Engineering for the successful bid of $98,055.94 (net of rebatable HST).
Background On March 2nd, 2023, the Township released Request for Proposal # PS-P01-2023 to provide professional services for the preliminary design for the reconstruction of Road 38 (Murton Road to Kingston Road). This study focuses on determining the preferred option for reconstruction of a 5.8km section of Road 38 following Phases 1 and 2 of the Municipal Class EA process. Recommendations coming out of this study will confirm the applicable EA Schedule and will inform a future assignment involving detailed design and preparation of tender documents. A copy of the March 2023 MCEA process is included as Appendix - A for reference. Key activities and deliverables in the assignment include: a) Collection and review of background information relating to the study area including topographic surveys, land use and legal boundaries b) Implementation of a stakeholder engagement plan including two public meetings c) Initiation of the mandatory Municipal Class Environmental Assessment notice d) Identifying the Problem or Opportunity statement e) Preparation of supporting studies including: cultural and natural heritage, geotechnical, archaeological, structure assessments, hydrological assessments, traffic studies, road safety reviews and utility reviews www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 77 of 195 Township of South Frontenac Staff Report - Preliminary Design Services for Reconstruction of Road 38
f) Identification and evaluation of alternative solutions g) Recommendation of the preferred reconstruction option h) Initiating final public consultation plan to gain public and stakeholder buy in on proposed solutions; and i) Preparation of the final Master Plan report (or Phase 2 Report) This mandatory study process will determine the preferred road reconstruction option and will serve as the foundation of future steps of the Municipal EA process which will advance detailed design and eventual construction. Terms within the original Request for Proposal request that the municipal servicing options study be completed on or before October 31st, 2023.
Discussion/Analysis On April 5th, 2023, eight Request for Proposal submissions were received for RFP # PSP01-2023. All of these submissions were subject to detailed review and scored according to a 100 point merit based point system with the following criteria: Experience and Team Qualifications Understanding of Objectives Quality of Approach Proposed Work Plan / Level of Effort Financial Proposal
• • • • •
15 points 10 points 25 points 20 points 30 points
A breakout of the individual scoring and financial results are included in the table below: Rank
Company
Score (Max 100)
Total Bid (Net rebatable HST)
1
Safe Roads Engineering
98
$98,055.94
2
GHD Limited
97
$165,353.89
3
Ainley Group
95
$145,331.98
4
Greer Galloway Group
92
$110,236.61
5
Jewell Engineering
90
$179,461.09
6
Arcadis IBI Group
89
$194,669.73
7
Aecom Canada Ltd.
88
$197,062.89
8
J L Richards & Associates
75
$231,931.39
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 78 of 195 Township of South Frontenac Staff Report - Preliminary Design Services for Reconstruction of Road 38
Key highlights of the Safe Roads Engineering proposal include: • •
• • • •
Aurora Ontario (company established in 2013) Project Team – 9 staff and three sub consultants – Hopkins Chitty (survey/legal), Cambium (geotechnical, natural heritage), Parslow Heritage Consultancy (cultural heritage, archaeological) Project Manager – Mark McIntosh, P. Eng. – over 10 years experience in project management, transportation and traffic design and Municipal Class EA’s Extensive depth within the team on related study work including MTO highway projects Proven work history with approval agencies and federal and provincial government authorities; and Highly competitive bid price
Safe Roads Engineering presented the strongest overall proposal (technical/financial) and provided a comprehensive workplan that answered all of the deliverables of the RFP. The award of the RFP # PS-P01-2023 to provide professional services for the preliminary design for the reconstruction of Road 38 (Murton Road to Kingston Road) exceeds the threshold for delegated authority limit of $50,000 and as such the contract must be awarded through resolution of Council.
Financial Implications A budget of $120,000 was included within the 2023 Capital Budget under Planning for the Servicing Options Study (# 23-56). The bid of 98,055.94 (net rebatable HST) from Safe Roads Engineering therefore falls within the prescribed budget for the project.
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: 2. Promote and support growth than meets the community’s needs while maintaining the integrity of our natural environment.
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
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Page 79 of 195 Township of South Frontenac Staff Report - Preliminary Design Services for Reconstruction of Road 38
Notice/Consultation •
Kyle Bolton, Director of Public Services
Attachments •
Appendix A – Municipal Class EA Planning and Design Process
Approvals Submitted By:
Reviewed By:
W. Troy Dunlop, C.E.T. Manager of Technical Services and Infrastructure
Kyle Bolton, C.E.T. Director of Public Services
Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Page 80 of 195
Page 81 of 195
s
To: Council Prepared by: Public Services Department Date of Meeting: May 16, 2023 Subject: Award of RFP – Winter Road Salt
Summary The purpose of this report is to seek Council approval to execute a five year contract for the purchase of coarse crushed rock salt with Cargill Salt, Road Safety.
Recommendation That Council approve the award of contract for RFP F18-TPW-PW-2023-02 to Cargill Salt, Road Safety for the purchase of coarse crushed rock salt with an annual upset limit of $523,200.
Background The Township participates in a joint procurement with the City of Kingston for the purchase of coarse crushed rock salt that is used for winter maintenance operations. On average the Public Services uses 4,000-4,500 metric tonnes of road salt annually for winter maintenance operations.
Discussion/Analysis The City of Kingston issued Request for Proposal (RFP) F18-TPW-PW-2023-02 on March 23, 2023. On April 25, 2023 two request for proposal submissions were received for RFP F18-TPWPW-2023-02 supply of coarse crushed rock salt. The submissions were reviewed and ranked as per the evaluation criteria set out in the RFP by both the City of Kingston and the Township of South Frontenac. The table below provides the RFP evaluation score and 2023-2024 season price per tonne excluding HST:
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Page 82 of 195 Township of South Frontenac Staff Report - Award of RFP – Winter Road Salt
Rank
Vendor
Score (Max 100)
Price per Metric Tonne Delivered
1
Cargill Salt, Road Safety
92
$104.64
2
Compass Minerals Canada Corp.
88
$118.26
Cargill Salt just completed a three year contract with the Township meeting delivery on all orders through the pandemic with no request for price adjustment due to fuel, labour, or material increases. Staff therefore recommend that Cargill Salt, Road Safety be awarded the contract for the Supply of Coarse Crushed Rock Salt for a five (year) term.
Financial Implications There are sufficient funds in the 2023 operating budget for this procurement. The annual upset limit for the contract will be based on 5,000 MT of salt per season. Any quantity of material required above this threshold will need to be approved and added to the contract through a change order.
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item:
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation • •
Brian Kirk, Manager of Operations & Fleet Troy Dunlop, Manager of Engineering and Capital Projects
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Page 83 of 195 Township of South Frontenac Staff Report - Award of RFP – Winter Road Salt
Attachments Appendix A – Price Submissions
Approvals Submitted By:
Kyle Bolton, C.E.T. Director of Public Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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RFP Price Chart Item Number
2026 Pricing
2027 Pricing
COMPASS 2023 2024 2025 Quantity Pricing Pricing Pricing
2026 Pricing
2027 Pricing
Unit
Quantity
3
Coarse Crushed Rock Salt for Township of South Frontenac, for ice control purposes. Bulk truck Tonne deliveries to specified sites. To conform to the herein Specifications. (F.O.B. Mine)
8,000.00
$83.46
$87.01
$89.51
$91.81
$94.10
8,000.00
$91.36
$94.91
$98.56
$102.33
$106.26
4
Freight & Handling Tonne
8,000.00
$21.18
$21.82
$22.47
$23.14
$23.84
8,000.00
$26.90
$26.90
$26.90
$26.90
$26.90
$104.64
$108.83
$111.98
$114.95
$117.94
$118.26 $121.81 $125.46
$129.23
$133.16
3.85%
2.81%
2.58%
2.54%
Table 1 Schedule of Prices - South Frontenac Annual Increase
Item Name
CARGILL 2025 2023 Pricing 2024 Pricing Pricing
Total Price Delivered
Page 84 of 195
Page 85 of 195
To:
Council
Prepared by:
Office of the Clerk
Date of Meeting:
May 16, 2023
Subject:
Amendments to Council Procedure By-law
Summary The purpose of the Report is to provide Council with additional information and recommend approval of proposed amendments to By-law 2017-76, As Amended, ‘A By-Law to Provide for Governing The Proceedings Of The Council, The Conduct Of Members And The Calling Of Meetings’, attached as Exhibit A of the Report. Recommendation That By-law 2023-44, attached as Exhibit A, being “A By-law To Amend By-law 2017-76, As Amended, “A By-law to Provide for Governing The Proceedings of the Council, The Conduct of Members and the Calling of Meetings” be given first and second reading; and That By-law 2023-44 be given third reading, signed and sealed; and That notwithstanding the current Council remuneration framework, remuneration for the Deputy Mayor and members of Council be increased annually by $750.00 to offset the loss of remuneration traditionally provided for the attendance of regularly scheduled Committee of the Whole meetings; it being understood that for 2023, annual remuneration for the Deputy Mayor will increase to $24,321.70 while remuneration for members of Council will increase to $17,240.68. Background At the April 11, 2023 meeting of Council, staff presented a report to provide background information regarding proposed amendments to the Council Procedure By-law. The report offered a detailed explanation of proposed amendments to sections of By-law 2017-76 primarily related to the administration of Council-Committee of the Whole, Delegations as well as Public Meetings related to Planning Matters. The report also provided context regarding additional administrative amendments. A copy of the (April 11, 2023) report is attached to this Report as Exhibit B. Following consideration of the (April 11, 2023) report, Council approved the following resolution: “Moved by Councillor Godfrey Seconded by Deputy Mayor Sleeth
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Page 86 of 195 Township of South Frontenac Staff Report - Amendments to Council Procedure By-law
That the Committee of the Whole approve Exhibit “A” in principle to permit the proposed amendments outlined in the draft by-law (Exhibit “A”) to be circulated in advance of the public meeting; and That Council direct staff to provide notice with respect to a public meeting to be held on May 16, 2023, in accordance with By-law 2016-73, regarding proposed amendments to the Council Procedure By-law, (By-law 2017-76).” Discussion/Analysis The proposed amendments as outlined in By-law 2023-44, attached as Exhibit A reflect the proposed amendments presented to Council on April 11, 2023. Additionally, Exhibit C incorporates the proposed amendments to the Council Procedural By-law in a final consolidated format. During deliberation of this matter on April 11, 2023, Council determined that meetings of Council and the Committee of the Whole would continue to commence at 7:00 p.m. Council noted that further consideration of altering the time in which meetings commence may occur in advance of the next municipal election. The proposed amendments to the Council Procedure By-law recommend that the regularly scheduled Committee of the Whole meetings (traditionally held on the second Tuesday of the month with the exception of July and August) be replaced with an additional Council meeting. Currently, the Council remuneration framework outlines that the Deputy Mayor and members of Council receive fifty dollars in addition to compensation for mileage for attending a Committee of the Whole meeting. In order to maintain the current level of remuneration provided to the Deputy Mayor and Councillors, staff have recommended that Council remuneration be increased by $750.00 annually to offset the reduction in compensation associated with the cancelation of routinely scheduled Committee of the Whole meetings ($50.00 per meeting + mileage compensation). It is inherent to note that members of Council will be attending the approximate same number of meetings and as such ensuring that total remuneration remains status quo is practical. Notice Requirements: As directed by Council on April 11, 2023, staff provided notice to allow for Council to hold a public meeting on May 16, 2023 in order to seek comment from the public regarding amendments to the Council Procedure By-law, (By-law 2017-76). By-law 2016-73, A By-Law to Prescribe The Form And Manner And Times For The Provision Of Notice outlines the notice requirements to amend the Council Procedure Bylaw. Specifically, a full notice shall be published at least four weeks in advance of the meeting on the Township website. Additionally, a summary of the Notice shall be published in the weekly banner advertising directing readers to the website four weeks in advance of the meeting. A subsequent notice shall be published one week in advance of the meeting. The following notice was published in the Frontenac News on April 20 and 27, 2023 and on May 4 and 11, 2023.
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Page 87 of 195 Township of South Frontenac Staff Report - Amendments to Council Procedure By-law
“Public Meeting Notice The Council of the Township of South Frontenac will host a public meeting at 7 pm on May 16, 2023 regarding proposed amendments to By-law 2017-76. The proposed amendments are related to select sections of the Council Procedure By-law primarily related to the administration of Council, Committee of the Whole, Delegations as well as Public Meetings Related to Planning Matters. Members of the public can review the agenda and register to participate in the Public Meeting using the link posted on our Events calendar. Residents can submit written comments to the Clerk at jthompson@southfrontenac.net until noon on May 16, 2023. For more information please contact James Thompson, 613-376-3027 ext. 2239 or email jthompson@southfrontenac.net.” The following notice was published on the Township of South Frontenac website on April 13, 2023: “The Council of The Corporation of the Township of South Frontenac will host a public meeting on proposed amendments to By-law 2017-76, being a By-Law To Provide For Governing The Proceedings Of The Council, The Conduct Of Members And The Calling Of Meetings. Date: Tuesday, May 16, 2023 Time: 7:00 pm Location: Virtual Meeting (Zoom) Purpose and Effect of the Proposed By-Law The proposed amendments are related to select sections of the Council Procedure By-law primarily related to the administration of Council, Committee of the Whole, Delegations as well as Public Meetings Related to Planning Matters. Members of the public can review the agenda and register to participate in the Public Meeting via Zoom using this link. Residents may submit written comments to the Clerk at jthompson@southfrontenac.net until noon on May 16, 2023. For more information, please contact James Thompson, 613-376-3027 ext. 2239 or jthompson@southfrontenac.net.” Members of the public have yet to submit comments to the Clerk’s Department regarding this matter. As such, staff are recommending approval of the proposed amendments to the Council Procedure By-law at the May 16, 2023 Council meeting provided that significant concerns are not raised during the public meeting.
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Page 88 of 195 Township of South Frontenac Staff Report - Amendments to Council Procedure By-law
Financial Implications Staff are recommending that Council remuneration be increased by 750.00 should regularly scheduled Committee of the Whole meetings be replaced by the Council meetings on the second Tuesday of each month (with the exception of July and August). It being understood that for 2023, annual remuneration for the Deputy Mayor will increase to $24,321.70 while remuneration for members of Council will increase to $17,240.68. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: Choose an item.
Climate Considerations
☒ Not applicable to this report. Attachments Exhibit A – By-law 2023-44 - A By-Law to Amend By-Law 2017-76, As Amended, ‘A ByLaw To Provide For Governing The Proceedings Of The Council, The Conduct Of Members And The Calling Of Meetings’ Exhibit B – April 11, 2023, Report to Council regarding Update to Council Procedure Bylaw. Exhibit C – Draft Council Procedure By-law (As Amended) Approvals Submitted By:
James Thompson Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Page 89 of 195
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-44 A BY-LAW TO AMEND BY-LAW 2017-76, AS AMENDED, “A BY-LAW TO PROVIDE FOR GOVERNING THE PROCEEDINGS OF THE COUNCIL, THE CONDUCT OF MEMBERS AND THE CALLING OF MEETINGS”
WHEREAS Council desires to update By-law 2017-76, As Amended; NOW THEREFORE the Corporation of the Township of South Frontenac enacts as follows: 1.
By-law 2017-76, As Amended “A By-Law To Provide For Governing The Proceedings Of The Council, The Conduct Of Members And The Calling Of Meetings” is hereby amended as follows: Schedule A, Section 1. is amended by adding clause v. to read as follows: “Delegation means an address to Council made at the request of a person wishing to speak.”; Schedule A, Section 1. is amended by adding clause w. to read as follows: “BRIEFING means a verbal update to Council or the Committee of the Whole by Township Staff or consultants to the Township or someone with expertise who has been invited by Council or the Committee of the Whole.”; Schedule A, Section 2. e., paragraph 2, is amended by adding the word “second” following the word “first” to read as follows: “Unless otherwise stipulated, Council shall meet at 7:00 p.m. on the first, second 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.”; Schedule A, Section 2. i., paragraph 1, is amended by deleting the word “COUNCIL” following the phrase “COMMITTEE OF THE WHOLE”, by replacing the phrase “on the 2nd Tuesday of each month” with the phrase “at the Call of the Mayor or Clerk” and by deleting the phrase “except during July and August” to read as follows: “COMMITTEE OF THE WHOLE - Committee of the Whole meetings will be held at the Call of the Mayor or Clerk, as required, and shall follow similar rules of procedure as Regular Meetings of Council, except that discussions may be less formal. As appropriate, direction provided to staff will be incorporated into reports and will be brought forward for formal approval at Council. Resolutions adopted by Committee of the Whole shall not be binding on Council.” Schedule A is amended by deleting the agenda formats outlined Section 3. a., in their entirety; and
Page 90 of 195
Schedule A is amended by adding revised agenda formats in Section 3. a., to read as follows: “COUNCIL Agenda:
- Call to Order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Briefings
- Approval of Minutes
- Reports Requiring Action
- Advisory Committee Reports or Minutes
- Reports Requiring Approval of By-laws
- Reports for Information
- Committee of the Whole
- Information Items
- Notice of Motions
- Rise and Report regarding County Council and External Boards
- Announcements/Statement by Councillors
- Closed Session (if requested)
- Confirmatory By-law
- Adjournment COMMITTEE OF THE WHOLE Agenda:
- Call to Order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Briefings
- Reports Requiring Direction
- Reports for Information
- Information Items
- Notice of Motions
- Announcements/Statements by Councillors
- Closed Session {if requested)
- Adjournment” Schedule A is amended by deleting Section 3. b., in its entirety; and Schedule A is amended by adding a revised Section 3. b., to read as follows: i.
“Any person desiring to present information orally on matters of fact or to make a request of Council shall give notice and disclose the subject matter to the Clerk not less than ten days preceding the Council Meeting or Committee of the Whole Meeting at which such person desires to be heard
ii.
In order to be scheduled as a delegation before Council or the Committee of the Whole, a person shall submit to the Clerk written and/or electronic documentation concerning the presentation not less than seven days preceding the meeting The Clerk, in consultation with the Mayor, shall have the authority to deem a delegation inappropriate or outside the scope of Council authority and deny the item a place on the agenda Except as required by law, any person appearing before Council or a
iii. iv.
Page 91 of 195
Committee who has previously appeared before Council or the same Committee on the same subject matter shall be limited to providing only new information in their second and subsequent appearances v. Under extenuating circumstances, exceptions to the ten days’ notice required in 16.1 may be approved by the Clerk vi. Each delegate shall be limited to not more than a total of ten (10) minutes. Extensions to these limits will be at the discretion of the Mayor vii. A maximum of three (3) delegations may address Council per Meeting viii. The number of speakers for one delegation shall be limited to two, unless authorized by Council resolution ix. Members may only address a Delegation to ask a maximum of two (2) questions for clarification and shall not express opinions or enter into debate or discussion with a Delegation x. Members shall not pose questions to staff during a Delegation xi. All delegates shall address the Mayor, shall state their name and whom they represent xii. No delegate shall: a) Speak disrespectfully of any person; b) Use offensive language; c) Speak on any subject other than the subject for which he has received approval to address Council; d) Disobey the rules of procedure or a decision of the Mayor or Council xiii. The Mayor may curtail any deputation, any questions of a deputant or debate during a deputation for disorder or any other breach of this by-law, and, if the Mayor rules that the deputation is concluded, the person or persons appearing shall withdraw xiv. No Delegations shall be permitted on the following topics: (a) labour relations or staff negotiations; (b) an application submitted under the Planning Act; (c) a Notice of Motion; (d) litigation or administrative tribunal proceedings that are either expected to proceed, that are currently proceeding, or that have already been decided by a court or tribunal; (e) tenders, requests for proposals or other procurement issues; (f) any matter that is not within the jurisdiction of Council or the Committee of the Whole, as determined by the Mayor in consultation with the Clerk; and (g) any matter that is properly the subject of a Closed Session” Schedule A is amended by deleting Section 3. c., paragraph 2. in its entirety; and Schedule A, Section 3. c., is amended by adding a new paragraphs 2. and 3., to read as follows: “
Council will not make a decision or pass a corresponding by-law until a subsequent Council meeting to provide Council sufficient time to consider public input and any additional information required of the applicant.
ii.
Notwithstanding Section 3. c. Clause i., Council may pass a by-law during the Council meeting in which the statutory public meeting was held, if the planning matter is deemed to be technical in nature and no concerns were raised prior to or during the public meeting. It being understood that the public meeting report would articulate that staff are proposing that the application be considered via the streamlined process.”;
Schedule A, Section 3. is amended to add Section 3. paragraph d. to read as follows: “BRIEFINGS – Briefings are allowed at the beginning of the Meeting or when the issue arises on the agenda.”
Page 92 of 195
This By-law will come into force and take effect on the date of its passing.
Given First and Second Readings: May 16, 2023 Given Third Reading signed and sealed May 16, 2023 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 93 of 195
To:
Council
Prepared by: Office of the Clerk Date of Meeting: April 11, 2023 Subject: Update to Council Procedure By-law Summary The purpose of the Report is to provide Council with background information regarding proposed amendments to By-law 2017-76, As Amended, A By-Law to Provide for Governing The Proceedings Of The Council, The Conduct Of Members And The Calling Of Meetings. The Clerk’s Department intends to complete a wholistic review of the Council Procedure By-law prior to the conclusion of 2024. In the interim, the proposed amendments are intended to update select aspects of the Council Procedure By-law from a process administration and clarity standpoint. Recommendation That the Committee of the Whole approve Exhibit “A” in principle to permit the proposed amendments outlined in the draft by-law (Exhibit “A”) to be circulated in advance of the public meeting; and That Council direct staff to provide notice with respect to a public meeting to be held on May 16, 2023, in accordance with By-law 2016-73, regarding proposed amendments to the Council Procedure By-law, (By-law 2017-76). Background Section 238 (2) of the Municipal Act, 2001 requires that every municipality and local board pass a procedure by-law for governing the calling, place and proceedings of meetings. Additionally, the procedure by-law must provide for public notice of meetings. The current Township of South Frontenac Council Procedure By-law was enacted on December 5, 2017. Recently, the Council Procedure By-law was amended on January 31, 2023 to account for administrative amendments related to the implementation of the Committee Bylaw. Discussion/Analysis The intention of this portion of the Report is to provide detailed explanation of proposed amendments to select sections of the Council Procedure By-law primarily related to the administration of Council-Committee of the Whole, Delegations as well as Public Meetings Related to Planning Matters. The Report will also provide context regarding additional www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 94 of 195 Township of South Frontenac Staff Report - Update to Council Procedure By-law
administrative amendments. Finally, staff are seeking direction from Council regarding whether consideration be given to commencing meetings of Council earlier. Summary of Proposed Amendments to “Section 2 - Meetings” Currently, Township of South Frontenac Council meetings are typically held on the first and third Tuesday of each month, except for July and August when customarily only one Council meeting per month is scheduled. Additionally, Committee of the Whole meetings are routinely held on the second Tuesday of every month except for July and August as outlined above. It is proposed that the regularly scheduled Committee of the Whole meeting (typically held on the second Tuesday of the month with the exception of July and August) be replaced as a Council meeting. It is proposed that the structure of the Council agenda be amended to include a “Committee of the Whole” section which would allow Council to resolve into Committee of the Whole to consider a matter requiring significant discussion. Notwithstanding the proposed amendment, a Committee of the Whole meeting could still be called when required. Annual budget deliberations would continue to occur during a meeting of the Committee of the Whole. The proposed amendment would not alter the standard meeting schedule for July and August. Should the proposed amendment be approved, Council remuneration would be adjusted to account for the variance in remuneration associated with participation in Committee of the Whole meetings. In order to implement the proposed adjustment to the format of the meeting schedule, the following amendments (outlined in red) would be required: Amendment to Section 2. e) Clause 2.: Unless otherwise stipulated, Council shall meet at 7:00 p.m. on the first, second 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. Amendment to Section 2. i) Clause 1.: COMMITTEE OF THE WHOLE COUNCIL - Committee of the Whole Council meetings will be held at the Call of the Mayor or Clerk on the 2nd Tuesday of each month, as required, except during July and August, and shall follow similar rules of procedure as Regular Meetings of Council, except that discussions may be less formal. As appropriate, direction provided to staff will be incorporated into reports and will be brought forward for formal approval at Council. Resolutions adopted by Committee of the Whole shall not be binding on Council.
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Page 95 of 195 Township of South Frontenac Staff Report - Update to Council Procedure By-law
Further administrative amendments related to this matter will be outlined in the Summary of Proposed Amendments to “Section 3 – Agendas”. Summary of Proposed Amendments to “Section 3 - Agendas” The current process associated with the administration of Delegations is outlined in Section 3. d. of the Council Procedure By-law. To provide clarity, it is recommended that the Council Procedure By-law be amended to provide for delineation between a “delegation” and “briefing”. It is proposed that the Council Procedure By-law be amended to define a “delegation” as follows: ““Delegation” means an address to Council made at the request of a person wishing to speak.” Note: Should the proposed amendment be approved, the definition of “delegations” would be included in Section 1 – Definitions of the Procedure By-law. Similarly, it is proposed that the Council Procedure By-law be amended to define a “briefing” as follows: ““Briefing” means a verbal update to Council or the Committee of the Whole by Township Staff or consultants to the Township or someone with expertise who has been invited by Council or the Committee of the Whole.” Note: Should the proposed amendment be approved, the definition of “briefing” would be included in Section 1 – Definitions of the Procedure By-law. The proposed administration of Delegations and Briefings will be further outlined in the sections of the Report related to the proposed amendment to Section 3. b and Section 3. d. Amendment to Section 3. b): To provide procedural clarity with respect to the administration of delegations it is proposed that Section 3. b. as outlined in the Council Procedure By-law be deleted in its entirety and replaced with the following: “3. b) Delegations i.
Any person desiring to present information orally on matters of fact or to make a request of Council shall give notice and disclose the subject matter to the Clerk not less than ten days preceding the Council Meeting or Committee of the Whole Meeting at which such person desires to be heard
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Page 96 of 195 Township of South Frontenac Staff Report - Update to Council Procedure By-law
ii.
In order to be scheduled as a delegation before Council or the Committee of the Whole, a person shall submit to the Clerk written and/or electronic documentation concerning the presentation not less than seven days preceding the meeting
iii.
The Clerk, in consultation with the Mayor, shall have the authority to deem a delegation inappropriate or outside the scope of Council authority and deny the item a place on the agenda
iv.
Except as required by law, any person appearing before Council or a Committee who has previously appeared before Council or the same Committee on the same subject matter shall be limited to providing only new information in their second and subsequent appearances
v.
Under extenuating circumstances, exceptions to the ten days’ notice required in 16.1 may be approved by the Clerk
vi.
Each delegate shall be limited to not more than a total of ten (10) minutes. Extensions to these limits will be at the discretion of the Mayor
vii.
A maximum of three (3) delegations may address Council per Meeting
viii. The number of speakers for one delegation shall be limited to two, unless authorized by Council resolution ix.
Members may only address a Delegation to ask a maximum of two (2) questions for clarification and shall not express opinions or enter into debate or discussion with a Delegation
x.
Members shall not pose questions to staff during a Delegation
xi.
All delegates shall address the Mayor, shall state their name and whom they represent
xii.
No delegate shall: a) Speak disrespectfully of any person; b) Use offensive language; c) Speak on any subject other than the subject for which he has received approval to address Council; d) Disobey the rules of procedure or a decision of the Mayor or Council
xiii. The Mayor may curtail any deputation, any questions of a deputant or debate during a deputation for disorder or any other breach of this by-law, and, if the Mayor rules that the deputation is concluded, the person or persons appearing shall withdraw xiv. No Delegations shall be permitted on the following topics: (a) labour relations or staff negotiations; (b) an application submitted under the Planning Act; (c) a Notice of Motion; (d) litigation or administrative tribunal proceedings that are either expected to proceed, that are currently proceeding, or that have already been decided by a court or tribunal; (e) tenders, requests for proposals or other procurement issues; (f) any matter that is not within the jurisdiction of Council or the Committee of the Whole, as determined by the Mayor in consultation with the Clerk; and (g) any matter that is properly the subject of a Closed Session www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 97 of 195 Township of South Frontenac Staff Report - Update to Council Procedure By-law
Amendment to Section 3. d): To differentiate between a delegation and briefing it is proposed that the Council Procedure By-law be amended to add Section 3. d. regarding “Briefings” and read as follows: “3. d) Briefings – Briefings are allowed at the beginning of the Meeting or when the issue arises on the agenda. Amendment to Section 3. c): Currently, the Procedural By-law requires that a statutory public meeting under the Planning Act be held separately from the meeting in which Council is requested to make a decision on the application. This requirement is in place to ensure that public input can be gathered and duly considered by the applicant, staff and Council before a decision on the application is made. Council regularly hears applications for zoning by-law amendments that are required as a condition of a consent approval. (Common examples of this scenario include; when the zone on a lot addition needs to be changed to match the zone on the benefitting lands, or to change the zone on a new waterfront lot to restrict the permitted uses.) In granting the consent, either the Committee of Adjustment or the Director of Development Services gave consideration to all applicable policies and any public input and determined that the proposal represented good land use planning. This type of zoning application is generally considered to be technical in nature, and it would be expedient for Council to pass a by-law immediately following a public meeting provided that legitimate concerns were not identified during the statutory public meeting. This action would enable applicants to finalize consent applications with greater efficiency. It is proposed that in instances where staff make an initial determination that an application is technical or straightforward in nature prior to a public meeting, the staff report would recommend that Council hold a public meeting and make a decision during the same meeting. However, Council would not be bound to make a decision on the application at the same meeting in which the public meeting was held if there were unanticipated concerns raised during the public meeting that should be addressed. It is inherent to note that staff would continue to recommend that Council maintain the status quo of making a decision at a subsequent meeting for any application that is not technical and that may be contentious. It is proposed that section 3. c. be amended to read as follows:
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Page 98 of 195 Township of South Frontenac Staff Report - Update to Council Procedure By-law
c) PUBLIC INPUT RELATED TO PLANNING MATTERS i.
During a statutory public meeting under the Planning Act, members of the public wishing to speak to the matter will be limited to 10 minutes and will be encouraged to provide their comments in writing to be put on record and limit their presentation to information that has not already been provided or addressed by another individual. Council will be given sufficient time to consider public input and as such any corresponding Bylaw will not be passed until the next Council meeting. Council will not make a decision or pass a corresponding by-law until a subsequent Council meeting to provide Council sufficient time to consider public input and any additional information required of the applicant.
ii.
Notwithstanding Section 3. c. Clause i., Council may pass a by-law during the Council meeting in which the statutory public meeting was held, if the planning matter is deemed to be technical in nature and no concerns were raised prior to or during the public meeting. It being understood that the public meeting report would articulate that staff are proposing that the application be considered via the streamlined process.
Summary of Proposed Administrative Amendments regarding Section 3. a – Agenda Section 3. a. of the Council Procedure By-law defines the format of the Council and Committee of the Whole agendas. The following administrative amendments to the Council agenda are proposed to either implement the amendments previously outlined in the Report or are proposed to provide clarity and process effectiveness. Proposed Amendment: Add “8. Briefings” Delete “9. Business Arising” Rename “12. By-laws” as “12. Reports Requiring Approval of By-laws” Add “14. Committee of the Whole”
Rationale: Process clarity; as outlined in the Report. Process clarity; redundant as preferred process mechanism are in place. (Staff Reports/Notice of Motion) Provide clarity. Process Effectiveness; as outlined in the Report.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 99 of 195 Township of South Frontenac Staff Report - Update to Council Procedure By-law
Proposed Amendment: Add “17. Rise and Report regarding County Council and External Boards” Delete “18. Questions of clarity”
Rationale: Process clarity; agenda item formerly included only on Committee of the Whole agenda Process Effectiveness; agenda to include note advising residents to contact Clerk’s Department with procedural questions.
Should the proposed administrative amendments be approved the revised format of the Council agenda will reflect the following: COUNCIL Agenda:
- Call to Order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Briefings
- Approval of Minutes
- Business Arising
- Reports Requiring Action
- Advisory Committee Reports or Minutes
- Reports Requiring Approval of By-laws
- Reports for Information
- Committee of the Whole
- Information Items
- Notice of Motions
- Rise and Report regarding County Council and External Boards
- Announcements/Statement by Councillors
- Question of clarity (from the public on outcome of agenda items)
- Closed Session (if requested)
- Confirmatory By-law
- Adjournment As previously outlined in the Report, Committee of the Whole meetings can be scheduled as necessary. The following amendments to the format of the Committee of the Whole agenda have been proposed to ensure consistency with the proposed Council agenda: Proposed Amendment: Add “8. Briefings” Delete “10. Rise and Report regarding County Council and External Boards”
Rationale: Process clarity; as outlined in the Report. Process clarity; agenda item now included on Council agenda.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 100 of 195 Township of South Frontenac Staff Report - Update to Council Procedure By-law
Delete “14. Questions of clarity”
Process Effectiveness; agenda to include note advising residents to contact Clerk’s Department with procedural questions.
Should the proposed administrative amendments be approved the revised format of the Committee of the Whole agenda will reflect the following: COMMITTEE OF THE WHOLE Agenda:
- Call to Order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Briefings
- Reports Requiring Direction
- Reports for Information
- Rise and Report regarding County Council and External Boards
- Information Items
- Notice of Motions
- Announcements/Statements by Councillors
- Question of clarity (from the public on outcome of agenda items)
- Closed Session {if requested)
- Adjournment Consideration of Amendment to Meeting Start Time Township of South Frontenac, Council and Committee of the Whole meetings routinely begin at 7:00 p.m. Staff are requesting that Council confirm whether meetings are to continue to start at 7:00 p.m. or whether there is desire to give consideration to commencing meetings earlier at 6:00 p.m. or 6:30 p.m. These proposed times are based on an email sent to Council seeking their preliminary feedback on meeting start times for Council and Committee of the Whole. Next Steps: As per By-law 2016-73, A By-Law to Prescribe The Form And Manner And Times For The Provision Of Notice, staff are requesting that Council direct staff to provide notice in order for Council to hold a public meeting regarding the proposed amendments to the Council Procedure By-law on May 16, 2023.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 101 of 195 Township of South Frontenac Staff Report - Update to Council Procedure By-law
Financial Implications Staff are recommending that Council remuneration be increased by 750.00 should regularly scheduled Committee of the Whole meetings be replaced by the Council meetings on the second Tuesday of each month (with the exception of July and August). Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Choose an item.
Climate Considerations ☒ Not applicable to this report. Notice/Consultation
Louise Fragnito, Chief Administrative Officer Michelle Hannah, Deputy Clerk Christine Woods, Senior Planner Brad Wright, Director, Development Services
Attachments Exhibit A – Draft By-law 2023-XX - A By-Law to Amend By-Law 2017-76, As Amended, ‘A By-Law To Provide For Governing The Proceedings Of The Council, The Conduct Of Members And The Calling Of Meetings’. Approvals Submitted By:
James Thompson Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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SCHEDULE “A” TO BY-LAW 2017-76, As Amended 1 - DEFINITIONS Listed below are definitions of common procedural terms: a)
AGENDA and Orders of the Day are synonymous.
b)
AMENDMENT means a change in the form of a Motion. An amendment is designed to alter or vary the terms of the main Motion without materially changing the meaning. It may propose that certain words be left out, that certain words be omitted and replaced by others, or that certain words be inserted or added. Every amendment must be strictly relevant to the question being considered.
c)
CLERK means the Clerk or the Deputy Clerk acting In the Clerk’s absence or in the absence of both the Clerk and the Deputy Clerk, another person appointed by Council resolution.
d)
CLOSED SESSION means a meeting or a part of a meeting of Council or a Committee which is closed to the public. All meetings shall be open to the public except as provided for in the Municipal Act. 2001, Ch. 25, Section 239.
e)
COMMITTEE means any advisory or other committee, subcommittee or similar entity of Council.
f)
COMMITTEE CHAIR is the person presiding at meetings of Committees of Council. Elected by the Committee from its members and may be removed only by vote of a majority of the Committee.
g)
COMMITTEE OF THE WHOLE means Council sitting in Committee.
h)
COUNCIL means the Council of The Corporation of the Township of South Frontenac.
i)
HOLIDAY means A Holiday with Pay (Or Statutory Holiday) as identified in the current C. U. P.E., Local 4336, Collective Agreement.
j)
IN-CAMERA SESSION shall have the same meaning as closed session (see item #d)
k)
MEETING means any regular, special or other meetings of council, or of certain local boards or committees, where a quorum is present and where members discuss or otherwise deal with matters in a way that materially advances the business or decision making of the relevant body.
I)
MEMBER means a member of Council and a member of a Committee;
m)
MINUTES In strict accordance with the Municipal Act, 2001, Ch. 25, Sect 228, record, without note or comment, of all resolutions, decisions and other proceedings of Council;
n)
MOTION and resolution shall be considered synonymous and will include an original motion or an amendment to a motion;
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o)
POINT OF ORDER The purpose of raising a point of order is to bring to the attention of the presiding officer that a rule has been broken or an error in procedure has been made as follows: i) Breaches of the rules of order of Council; ii) Difficulty in continuation of the meeting; iii) Improper, offensive or abusive language; iv) Notice that the discussion is outside the scope of the motion or the notice of motion; v) Irregularities in the proceedings.
p)
PRESIDING OFFICER is the Mayor or in his/her absence, Deputy Mayor or in his/her absence the acting head of Council who presides at meetings of Council or the Chair of a Committee meeting;
q)
QUORUM means a majority of the whole number of members required to constitute Council or a Committee.
r)
QUESTION means that the vote now be taken.
s)
RECORDED VOTE means the calling for the yeas and nays of all members of Council by any member of Council and the yeas and nays of each individual member of Council shall be so noted in the minutes.
t)
RULES OF ORDER The rules of order established by this by law shall govern Council meetings and all Committees of Council. Where this by law is silent on an issue Robert’s Rules of Order shall apply.
u)
WEBSITE means the Official Website of the Corporation of the Township of South Frontenac - www.southfrontenac.net
v)
DELEGATION means an address to Council made at the request of a person wishing to speak.
w)
BRIEFING means a verbal update to Council or the Committee of the Whole by Township Staff or consultants to the Township or someone with expertise who has been invited by Council or the Committee of the Whole.
2-MEETINGS a)
MEETING LOCATION - All meetings of Council shall be held at the municipal complex, 4432 George Street, Sydenham, Ontario, unless otherwise stipulated in a resolution of Council
b)
RULES OF ORDER - The rules of order established by this by law shall govern Council meetings and all Committees of Council. Where this by law is silent on an issue Robert’s Rules of Order shall apply.
c)
SEATING - During a meeting no person is permitted to come within the enclosure formed by the members’ chairs or to address Council unless that person: • Is a member of Council • Is the CAO, the Clerk or Recording Secretary • Has been given permission from the Presiding Officer
d)
CHAIR - The presiding officer of the Council shall be the Mayor. In his or her absence the Deputy Mayor shall preside. The Deputy Mayor will have the powers and duties of the Mayor when performing in that capacity. If neither the Mayor nor the Deputy Mayor is present to open the meeting, the Council shall elect a presiding officer. 2
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e)
CONVENING MEETINGS -The inaugural meeting of Council shall be held on the first Tuesday, at 7:00 p.m., following commencement of the term of office as defined by the Municipal Elections Act, but shall not be later than 31 days after Council term commences. Unless otherwise stipulated, Council shall meet at 7:00 p.m. on the first, second 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. Should Council be scheduled for a closed session, the Clerk shall establish a start time that reflects the nature of the agenda. Council would then return to open session at 7:00 p.m. Council will not meet on a statutory holiday nor will it meet between Christmas and New Years. Should a Council meeting conflict with any committee meeting, such committee meeting shall be rescheduled after consultation with the Committee Chair. The Clerk will advertise any meeting date changes caused by this policy. Council reserves the right to dispense with or alter the time, day or place of any meeting by resolution.
f)
NOTICE REQUIREMENTS Notice to Members of Council and Staff The Clerk, Deputy Clerk or Secretary Treasurer will give notice of all Council and advisory or legislated committee meetings to members of Council and to all Department Heads. The notice will be accompanied by an agenda and any other matter to be addressed at the meeting. (As Amended by By-law 2023-05 passed January 31, 2023) The Clerk will send the notice by posting the agenda to AgendaNotes. In the event of a system problem notice may be sent by alternate means including; delivery, facsimile, electronic mail to the residence or place of business of each member or by telephone alert. Generally members will receive notice at least three days before the day of meeting. However failure to receive the notice will not affect the meeting itself, including the timing of or any actions taken there at. Notice to the Public The Clerk shall give notice to the public of all regular Council and Committee meetings by posting a schedule of meeting dates on the Township’s official web site at the beginning of each calendar year. The agenda shall be posted on the website and in the office on the Friday preceding the date of the meeting. The Clerk shall give notice to the public of all special meetings of Council by posting a notice on the Township’s website as soon as possible after the date of the special meeting has been confirmed.
g)
SPECIAL MEETINGS -A special meeting may be called under the following circumstances: • The Mayor may at any time summon a special meeting. • An advisory or legislated committee chair may at any time summon a special meeting upon receiving permission from the Clerk; 3
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•
Upon receipt of a petition of the majority of the members of Council, the Clerk shall call a special meeting for the purpose and at the time mentioned in the petition. Notice may be given by telephone, e-mail or facsimile transmission or posting to Agenda Notes.
The agenda for a special meeting will be prepared by the Clerk, Deputy Clerk or Secretary Treasurer in consultation with the Mayor or committee chair and will be approved at the meeting. Delegations may be scheduled by the Clerk or Deputy Clerk to be heard by Council or committee during a special meeting as appropriate. Closed session (if requested) will be a standing item on every special meeting agenda. If there is no by-law or petition fixing the place of a special meeting, that meeting shall be held at the place where the last regular meeting was held. (As Amended by By-law 2023-05 passed January 31, 2023) h) CLOSED SESSION - As per Subsection 239(2) of the Municipal Act, 2001, as amended, a meeting or part of a meeting may be closed to the public if the subject matter being considered is: i) the security of property of the municipality ii) personal matters about an identifiable individual, including municipal employees iii) a proposed or pending acquisition or disposition of land by the municipality; iv) labour relations or employee negotiations v) litigation or potential litigation including matters before administrative tribunals effecting the municipality vi) advice that is subject to solicitor client privilege including communications necessary for that purpose; vii) a matter in respect of which a council, board, committee or other body has authorized a meeting to be closed under another Act; viii) Information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them ix) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization x) a trade secret or scientific, technical, commercial or financial information that belongs to the Township or local board and has monetary value or potential monetary value; or xi) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the City or local board. xii) if the meeting is held for the purpose of educating or training the members: and at the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, xiii) local board or committee; A meeting shall be closed to the public if the subject matter relates to: • •
a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by; the Ombudsman appointed
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under the Ombudsman Act, an Ombudsman appointed by Council, or the Closed Meeting Investigator appointed by Council. Prior to holding a meeting or part of a meeting that is to be closed to the public, Council shall state by resolution the fact that a closed meeting is being held and the general nature of the matter to be considered at the closed meeting. A meeting may only be closed to the public during a vote, if: • the subject matter is as defined above; and • the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under contract with the municipality Other policies regarding closed sessions Include: i)
All information, documentation or deliberations received, reviewed or taken into a closed meeting is confidential.
ii)
The response of Members to enquiries about any matter dealt with by Council or a Committee of Council at a closed meeting, prior to it being reported publicly, shall be “no comment", or words to that effect. No member shall release or make public any information considered at a closed meeting or discuss the content of such a meeting with persons other than members of Council or relevant senior staff members included in the Closed Session.
iii)
Any violation of this regulation may result in exclusion of the offending Member from future closed meetings of Council or a Committee of Council and that Member no longer being provided with correspondence, material or information proposed to be dealt with by Council at a closed meeting.
iv)
The determination of whether or not a violation of the closed meeting _ provision of this By-law and the length of the exclusion from closed meetings if so determined, shall be made by Council, and Council in Closed Session shall consider the issue. Prior to this determination by Council, the offending Member shall have the allegation explained to him/her, and he/she shall have the opportunity to provide his/her explanation regarding the matter. The results of Council’s deliberations shall be reported publicly.
v)
Despite clause (iv), the Member affected shall not be permitted to vote on a motion respecting his/her purported violation of the closed meeting provision of the procedural by-law, his or her exclusion from closed meetings, or the length of any such exclusion.
vi)
The release of any information about any matters dealt with by Council at a closed meeting shall be by the Mayor or his delegate only. Once the Mayor or his delegate has released the information, it shall be considered to be public information and a Member may discuss the matter without being considered to be in violation of this By-law.
vii) Agendas, minutes or any items thereon for consideration by Council at a closed meeting shall not be released to the public. i}
COMMITTEE OF THE WHOLE COUNCIL - Committee of the Whole Council meetings will be held at the Call of the Mayor or Clerk on the 2nd Tuesday of each month, as required, except during July and August, and shall follow similar rules of 5
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procedure as Regular Meetings of Council, except that discussions may be less formal. As appropriate, direction provided to staff will be incorporated into reports and will be brought forward for formal approval at Council. Resolutions adopted by Committee of the Whole shall not be binding on Council. Committee of the Whole meetings of Council shall be open to the public except as otherwise provided by The Municipal Act. (See Closed Session Section). 3-AGENDAS a)
REGULAR MEETINGS - The Clerk will prepare an agenda for the use of members at regular meetings. The Agenda shall be posted in the Municipal Building, Sydenham and delivered to each member of Council by posting to AgendaNotes not less than two days (48 hours) prior to the meeting date. The Clerk will attach copies of all relevant correspondence to the agenda package for Council information. All items of business for the agenda will be received by the Clerk by 12:00 noon on the Thursday prior to the meeting date. The business of each meeting follows the order in which it stands on the agenda. The agenda for a meeting may only be amended at that meeting by a motion supported by a majority of the members present. Any undisposed matters will be placed on the agenda for the next meeting. COUNCIL Agenda:
- Call to Order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Briefings
- Approval of Minutes
- Business Arising
- Reports Requiring Action
- Advisory Committee Reports or Minutes
- Reports Requiring Approval of By-laws
- Reports for Information
- Committee of the Whole
- Information Items
- Notice of Motions
- Rise and Report regarding County Council and External Boards
- Announcements/Statement by Councillors
- Question of clarity (from the public on outcome of agenda items)
- Closed Session (if requested)
- Confirmatory By-law
- Adjournment
COMMITTEE OF THE WHOLE Agenda:
- Call to Order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Briefings
- Reports Requiring Direction
- Reports for Information
- Rise and Report regarding County Council and External Boards
- Information Items
- Notice of Motions
- Announcements/Statements by Councillors
- Question of clarity (from the public on outcome of agenda items)
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- Closed Session {if requested)
- Adjournment
During July and August a blended meeting agenda will be used incorporating both delegations and public meetings. b)
DELEGATIONS
i.
Any person desiring to present information orally on matters of fact or to make a request of Council shall give notice and disclose the subject matter to the Clerk not less than ten days preceding the Council Meeting or Committee of the Whole Meeting at which such person desires to be heard ii. In order to be scheduled as a delegation before Council or the Committee of the Whole, a person shall submit to the Clerk written and/or electronic documentation concerning the presentation not less than seven days preceding the meeting iii. The Clerk, in consultation with the Mayor, shall have the authority to deem a delegation inappropriate or outside the scope of Council authority and deny the item a place on the agenda iv. Except as required by law, any person appearing before Council or a Committee who has previously appeared before Council or the same Committee on the same subject matter shall be limited to providing only new information in their second and subsequent appearances v. Under extenuating circumstances, exceptions to the ten days’ notice required in 16.1 may be approved by the Clerk vi. Each delegate shall be limited to not more than a total of ten (10) minutes. Extensions to these limits will be at the discretion of the Mayor vii. A maximum of three (3) delegations may address Council per Meeting viii. The number of speakers for one delegation shall be limited to two, unless authorized by Council resolution ix. Members may only address a Delegation to ask a maximum of two (2) questions for clarification and shall not express opinions or enter into debate or discussion with a Delegation x. Members shall not pose questions to staff during a Delegation xi. All delegates shall address the Mayor, shall state their name and whom they represent xii. No delegate shall: a) Speak disrespectfully of any person; b) Use offensive language; c) Speak on any subject other than the subject for which he has received approval to address Council; d) Disobey the rules of procedure or a decision of the Mayor or Council xiii. The Mayor may curtail any deputation, any questions of a deputant or debate during a deputation for disorder or any other breach of this by-law, and, if the Mayor rules that the deputation is concluded, the person or persons appearing shall withdraw xiv. No Delegations shall be permitted on the following topics: (a) labour relations or staff negotiations; (b) an application submitted under the Planning Act; (c) a Notice of Motion; (d) litigation or administrative tribunal proceedings that are either expected to proceed, that are currently proceeding, or that have already been decided by a court or tribunal; (e) tenders, requests for proposals or other 7
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procurement issues; (f) any matter that is not within the jurisdiction of Council or the Committee of the Whole, as determined by the Mayor in consultation with the Clerk; and (g) any matter that is properly the subject of a Closed Session c)
PUBLIC INPUT RELATED TO PLANNING MATTERS i.
During a statutory public meeting under the Planning Act, members of the public wishing to speak to the matter will be limited to 10 minutes and will be encouraged to provide their comments in writing to be put on record and limit their presentation to information that has not already been provided or addressed by another individual. Council will be given sufficient time to consider public input and as such any corresponding Bylaw will not be passed until the next Council meeting. Council will not make a decision or pass a corresponding by-law until a subsequent Council meeting to provide Council sufficient time to consider public input and any additional information required of the applicant.
ii.
d)
Notwithstanding Section 3. c. Clause i., Council may pass a by-law during the Council meeting in which the statutory public meeting was held, if the planning matter is deemed to be technical in nature and no concerns were raised prior to or during the public meeting. It being understood that the public meeting report would articulate that staff are proposing that the application be considered via the streamlined process.
BRIEFINGS Briefings are allowed at the beginning of the Meeting or when the issue arises on the agenda.
4 - QUORUM and PRESIDING OFFICER a)
REGULAR MEETINGS -As soon as there is a quorum 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. Physical attendance by members of Council is required at Council and Committee meetings in order to participate; no means of electronic participation is permitted.
c)
PRESIDING OFFICER - The Presiding Officer shall oversee the conduct of the meeting including: i) Call the meeting to order ii) Introduce the items listed on the Agenda in the order presented unless otherwise determined by Council iii) Call on the CAO or Department Head to address questions from Council or provide additional information should it have become available since the report was written. iv) Call on the Clerk to read the motion or by-law as requested by the Presiding Officer v) Designate the Council Member or Staff Member as to who has the floor to speak vi) To put to a vote all questions which are properly moved and seconded and after full discussion has been provided, and announce the results of the vote 8
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vii) Ensure the preservation of good order and decorum viii) Ruling on points of order and privilege ix) Deciding all questions relating to the orderly procedure of the meeting subject to an appeal by any member of Council from any ruling of the Presiding Officer
The Presiding Officer may expel any person for improper conduct at a meeting. At Committee of the Whole or Council the Presiding Officer may state his or her position on any matter before Council following the discussion by other members of Council. This will not require the Presiding Officer to relinquish the chair. The Presiding Officer will vacate the chair prior to; make a motion or serve a notice of motion. If making a motion, the presiding officer shall remain out of the chair during the debate and vote on the subject. d)
VACANCIES - If the office of a member of council becomes vacant under section 259 of the Municipal Act, the Council shall at its next meeting declare the office to be vacant, except if a vacancy occurs as a result of the death of a member, the declaration may be made at either of its next two meetings. Rules pertaining to vacancies shall not apply to a member of council of a municipality who is absent for 20 consecutive weeks or less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member. If a vacancy occurs in the office of a member of council, the municipality shall, subject to the Municipal Act, •
fill the vacancy by appointing a person who has consented to accept the office if appointed; or
•
require a by-election to be held to fill the vacancy
5-CONDUCT a)
SPEAKING - Each member must be recognized by the Presiding Officer before speaking on any matter or motion. A member may not speak more than once on a matter without leave of the Presiding Officer, except: • In explanation of a material part of the speech which may have been misunderstood; or • In reply after everyone else wishing to speak has spoken Generally no member may speak to the same matter or in reply for longer than 5 minutes. Through the Presiding Officer, a member may ask for an explanation of any part of the previous speaker’s remarks. A member may also, through the Presiding Officer, ask questions to obtain information relating to the report or minutes presented to Council or any clause contained therein. However this must be done prior to the commencement of the debate on the report, minute or clause. Following the reading of a motion and during debate, all questions to staff are to be addressed through the Presiding Officer.
b)
CONDUCT - Members shall not: i) Speak disrespectfully of the Reigning Sovereign, any member of the Royal Family, the Governor-General or a Lieutenant-Governor; ii) Use offensive words or unparliamentarily language in Council; iii) Disobey the rules of the Council or decision of the Presiding Officer or of Council on questions of order or practice; iv) Leave his or her seat or make any noise or disturbance while a vote is 9
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being taken and the result is declared; v) Enter the Council Chamber while a vote is being taken; vi) Interrupt a member while speaking, except to raise a point of order; vii) Pass between a member who is speaking and the Chair. viii) Engage in private conversation while in the Council Meeting or use electronic/mobile devices in a manner which interrupts the proceeding of the Council, or attempts to coordinate voting. c) d)
ix)
DRESS CODE - Each member of Council is personally accountable for presenting themselves in a professional manner at all Council meeting. DECLARATIONS OF CONFLICT OF INTEREST- Members shall at all times conduct themselves in accordance with the requirements of the Municipal Conflict of Interest Act, including any subsequent amendments, revisions and regulations thereto. All declarations and disclosures made in accordance with the Act shall be made in writing by the member in accordance with the Act, and a copy shall be submitted to the Clerk. If, after making such a declaration, the member determines that he/she does not have a Conflict of Interest, then a public statement to that effect shall be made by the member. Such public statement may be in the same form and substance as the original declaration.
e)
DISCIPLINARY ACTION - It is not the intention of discipline in a meeting to punish a member but to change the behavior of the member. If a member commits a breach of conduct, the escalation of remedies is as follows: • The Presiding Officer requests that the member refrain from breaking the rules and specifies the infraction or rule being broken. • If this fails, the Presiding Officer provides a sterner warning by calling the member to order. • If, after this instruction, the member continues with the action or refuses to be seated the Presiding Officer may, if the breach of conduct is serious enough, request that the offending member to apologize or failing an apology to be expelled from the meeting. If expulsion from the meeting is ordered, the Presiding Officer may establish and appoint individuals to escort the member from the meeting room. If the member refuses to leave, the appropriate civil authorities should be called.
f)
EARLY DEPARTURE FROM MEETINGS - A member who wishes to leave a meeting prior to the adjournment must so advise the Presiding Officer. The recording officer will note the member’s time of departure.
g)
NOTICE OF ABSENCE FROM MEETING - If a member cannot be in attendance at a meeting, they should notify the Clerk or the Deputy Clerk of their absence at their earliest opportunity.
h)
CHAIN OF OFFICE - The Mayor shall wear or display the Chain of Office at each Council meeting. The Mayor may at his or her discretion wear the Chain of Office on ceremonial occasions.
i)
CONDUCT OF PUBLIC AND MEDIA • Members of the public, including accredited and other representatives of any news media, may use cameras, recording equipment, television cameras, and any other devices of a mechanical, electronic, or similar nature to transcribe or record Council Meetings. These devices may not be used in such a way as to obstruct the proceedings 10
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of the Meeting. •
Members of the public who constitute the audience at a Meeting, shall not: • Address Council or Committee without permission; • Applaud, shout, boo, hiss or otherwise express their pleasure or displeasure with the proceedings in such a manner as to interfere with the meeting ■ Bring signage, placards or banners into such Meetings or engage in any activity or behavior that would affect the Council deliberations
6-MOTIONS a)
NOTICE OF MOTION - Notice of motions will preferably be received during the scheduled time as allocated under Section 2.0 (a), however the Clerk may receive a notice of motion at any time during a Council meeting. A notice of motion will become part of the agenda for the subsequent Council meeting unless otherwise approved by Council. A notice of motion requires a seconder only at the time of debate. If a motion is not moved and seconded on the day and at the meeting for which notice was given, it cannot be moved at any subsequent meeting without notice being given on the agenda for that meeting.
b)
GENERAL - Every motion, once presented to the Presiding Officer, becomes the property of Council. The presiding officer may call on the Clerk to read the motion. A member can withdraw a motion only with the consent of the majority of Council. Motions shall be debated in the order of presentation to the Presiding Officer. Any member may request that the Clerk read the motion under discussion at any time during the debate, except when another member is speaking. Any member may request separation of a motion. Each section of the motion will be voted on separately. When a matter is under debate, no motions can be made other than a motion: • • • •
To refer I defer To amend To adjourn the meeting To vote on the matter
c)
REFER/DEFER - A motion to refer or defer takes precedence over any motion or amendment, except a motion to adjourn. A motion to refer requires direction as to the body to which it is being referred. A motion to defer must include a reason for deferral. Neither motion is debatable.
d)
VOTING - When a member makes a motion that the vote now be taken, it shall be put to a vote without debate. If a majority of the members agree to put a motion to a vote, the motion and any amendments thereto will be submitted to a vote immediately without further notice. No members may speak or present another motion once the Presiding Officer commences the vote on that motion. Each member present at a Council meeting will vote when the vote is taken on a matter, unless prohibited from so doing by statute. Any member who is present but refuses to vote or abstains to vote, their vote will be deemed to be a vote in the negative. 11
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A recorded vote on a motion before Council may be requested at any time by any Council member before the vote is taken or after the vote has been taken unless Council has commenced discussion on a new matter on the agenda. When a member requests a recorded vote, all members will vote in alphabetical order of Council finishing with the Mayor, when polled by the Clerk. The Clerk will note the names of those who voted for and against in the minutes, and will announce the results. If a member disagrees with the results of the vote, he or she may object to the declaration and ask that the Clerk retake the vote. An objection to any resolution shall not be recorded unless a recorded vote is requested. e)
AMENDMENT - A member may present only one amendment to the main motion at a time. Another amendment may be introduced only after the previous one has been disposed of. An amendment that has been seconded may not be withdrawn and must be dealt with.
f)
NEW MATTER -A member may not introduce a new matter without notice, unless Council without debate dispenses with the notice requirements by two thirds vote.
g)
RECONSIDERATION - A member who voted with the prevailing side may move for reconsideration at the same meeting as follows: If the motion to reconsider receives a seconder, the motion for reconsideration shall be open to debate and voted upon. The motion will require the votes of two thirds of members present to pass. If adopted, the motion to reconsider temporarily nullifies the previous decision. The main motion originally voted on is again pending. The motion may now be amended or considered as moved and voted upon. Example: 1. 2. 3.
Original Motion -> Vote Motion to Reconsider-> Vote Reconsideration of main motion (it may now be amended)-> Vote
If a member who voted on the prevailing side presents a motion for reconsideration at a subsequent meeting, the motion must be preceded by a notice of motion. At the subsequent meeting, the motion to reconsider follows the same process, as noted above. It will require a two thirds majority vote of the members present to carry. Example:
Meeting #1 Meeting #2 Meeting #3 Meeting #3
Vote on original motion Notice of Motion to be received Motion to Reconsider to be voted on Matter for Reconsideration to be voted on
No matter may be reconsidered more than once in a twelve-month period. A notice of motion for reconsideration will not stop or delay action on the decided matter unless Council agrees otherwise. In this case. Council must approve the injunction by a two-thirds majority vote of the members present. If Council approves a motion to reconsider, the reconsideration will become the next order of business, unless the motion calls for a future definite date. Debate on the matter shall proceed as though it had not been previously voted upon. The debate must be confined to reasons for or against reconsideration only. 12
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h)
ADJOURNMENT - A motion to adjourn a meeting will be in order except: • When a member is in possession of the floor. • When it has been decided that the vote now be taken. • During the taking of a vote. • If determined in the negative the vote shall not be taken again until some intermediate proceedings have been taken by Council. Members may not leave their places on adjournment until the Presiding Officer vacates the role as Chair. Council will adjourn at 10:00 p.m. if in session at that hour, unless determined otherwise by a majority vote of the members present.
i)
BYLAWS -The agenda may contain a summary of the contents of each bylaw. If a majority of Council requests, the Clerk will read the by-law in its entirety. All by-laws must be passed in meetings that are open to the public. A Confirmatory By-law, to confirm the proceedings of Council during the meeting, will be placed before Council each meeting.
j)
SUSPENSION OF THE RULES - Any Member may request that the rules of procedure be temporarily suspended. An example of a motion to suspend the rules would be to extend the meeting past 10:00 p.m.
k)
ULTRA VIRES - No motion shall be put on a matter which is Ultra Vires the jurisdiction of Council
I)
CHANGES TO COUNCIL COMPOSITION - Where Council wishes to consider changes to the composition of council: • 5 votes shall be required to support the change, • At least one Councillor from each district shall support the change, • There shall be widespread consultation with voters before any proposal is adopted including at least one public meeting in advance of day of the meeting where the resolution is decided. Normal municipal procedures for public notice shall apply.
7 – COMMITTEES a) APPLICATION OF THIS BY-LAW TO COMMITTEES - The rules governing the procedures of Council and the conduct of Members as set out in this ByLaw shall be observed in all Committees in so far as they are applicable or as otherwise provided for in the Committee By-Law. b)
EXTERNAL COMMITTEES/BOARDS - Council may from time to time appoint, by resolution, individuals to external committees or boards. The term of office for community members shall be two terms, the length of which will be decided by Council. Terms are to be staggered such that there is always a productive mix of experienced and new volunteer members.
c)
QUORUM - A quorum shall be a majority of those appointed to a Committee by Council. A majority is more than half of the total number of those appointed to the Committee.
d)
COMMENCEMENT OF MEETINGS - If a Committee Chair or Committee ViceChair is not present within fifteen minutes from the time of the opening of the Committee meeting, the members present will elect another member of the Committee to preside. That member will discharge the duties of the Presiding Officer for that meeting, or until the arrival of the Committee Chair or Vice-Chair. 13
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e)
VOTING - Any member, including the Committee Chair, may propose or second a motion. When the Committee Chair proposes a motion, he or she must vacate the chair to the Vice-Chair of the Committee during the debate on the motion and resume the chair following the vote. All members will vote on all motions except when disqualified by reasons of pecuniary interest or otherwise.
f)
DUTIES - Council may discharge from responsibility any Committee, which refuses or neglects to give due consideration to any matter before it. Council may then allot such responsibility to another Committee.
g)
CLERK, DEPUTY CLERK OR SECRETARY TREASURER TO PRESIDE AT FIRST MEETING - The Clerk, Deputy Clerk or Secretary Treasurer shall preside at the first Meeting of each Committee or Board in each calendar year for the purpose of electing the Chair of that Committee. Upon election, the Chair shall preside at the Meeting.
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SCHEDULE “A” TO BY-LAW 2017-76, As Amended 1 - DEFINITIONS Listed below are definitions of common procedural terms: a)
AGENDA and Orders of the Day are synonymous.
b)
AMENDMENT means a change in the form of a Motion. An amendment is designed to alter or vary the terms of the main Motion without materially changing the meaning. It may propose that certain words be left out, that certain words be omitted and replaced by others, or that certain words be inserted or added. Every amendment must be strictly relevant to the question being considered.
c)
CLERK means the Clerk or the Deputy Clerk acting In the Clerk’s absence or in the absence of both the Clerk and the Deputy Clerk, another person appointed by Council resolution.
d)
CLOSED SESSION means a meeting or a part of a meeting of Council or a Committee which is closed to the public. All meetings shall be open to the public except as provided for in the Municipal Act. 2001, Ch. 25, Section 239.
e)
COMMITTEE means any advisory or other committee, subcommittee or similar entity of Council.
f)
COMMITTEE CHAIR is the person presiding at meetings of Committees of Council. Elected by the Committee from its members and may be removed only by vote of a majority of the Committee.
g)
COMMITTEE OF THE WHOLE means Council sitting in Committee.
h)
COUNCIL means the Council of The Corporation of the Township of South Frontenac.
i)
HOLIDAY means A Holiday with Pay (Or Statutory Holiday) as identified in the current C. U. P.E., Local 4336, Collective Agreement.
j)
IN-CAMERA SESSION shall have the same meaning as closed session (see item #d)
k)
MEETING means any regular, special or other meetings of council, or of certain local boards or committees, where a quorum is present and where members discuss or otherwise deal with matters in a way that materially advances the business or decision making of the relevant body.
I)
MEMBER means a member of Council and a member of a Committee;
m)
MINUTES In strict accordance with the Municipal Act, 2001, Ch. 25, Sect 228, record, without note or comment, of all resolutions, decisions and other proceedings of Council;
n)
MOTION and resolution shall be considered synonymous and will include an original motion or an amendment to a motion;
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o)
POINT OF ORDER The purpose of raising a point of order is to bring to the attention of the presiding officer that a rule has been broken or an error in procedure has been made as follows: i) Breaches of the rules of order of Council; ii) Difficulty in continuation of the meeting; iii) Improper, offensive or abusive language; iv) Notice that the discussion is outside the scope of the motion or the notice of motion; v) Irregularities in the proceedings.
p)
PRESIDING OFFICER is the Mayor or in his/her absence, Deputy Mayor or in his/her absence the acting head of Council who presides at meetings of Council or the Chair of a Committee meeting;
q)
QUORUM means a majority of the whole number of members required to constitute Council or a Committee.
r)
QUESTION means that the vote now be taken.
s)
RECORDED VOTE means the calling for the yeas and nays of all members of Council by any member of Council and the yeas and nays of each individual member of Council shall be so noted in the minutes.
t)
RULES OF ORDER The rules of order established by this by law shall govern Council meetings and all Committees of Council. Where this by law is silent on an issue Robert’s Rules of Order shall apply.
u)
WEBSITE means the Official Website of the Corporation of the Township of South Frontenac - www.southfrontenac.net
v)
DELEGATION means an address to Council made at the request of a person wishing to speak.
w)
BRIEFING means a verbal update to Council or the Committee of the Whole by Township Staff or consultants to the Township or someone with expertise who has been invited by Council or the Committee of the Whole.
2-MEETINGS a)
MEETING LOCATION - All meetings of Council shall be held at the municipal complex, 4432 George Street, Sydenham, Ontario, unless otherwise stipulated in a resolution of Council
b)
RULES OF ORDER - The rules of order established by this by law shall govern Council meetings and all Committees of Council. Where this by law is silent on an issue Robert’s Rules of Order shall apply.
c)
SEATING - During a meeting no person is permitted to come within the enclosure formed by the members’ chairs or to address Council unless that person: • Is a member of Council • Is the CAO, the Clerk or Recording Secretary • Has been given permission from the Presiding Officer
d)
CHAIR - The presiding officer of the Council shall be the Mayor. In his or her absence the Deputy Mayor shall preside. The Deputy Mayor will have the powers and duties of the Mayor when performing in that capacity. If neither the Mayor nor the Deputy Mayor is present to open the meeting, the Council shall elect a presiding officer. 2
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e)
CONVENING MEETINGS -The inaugural meeting of Council shall be held on the first Tuesday, at 7:00 p.m., following commencement of the term of office as defined by the Municipal Elections Act, but shall not be later than 31 days after Council term commences. Unless otherwise stipulated, Council shall meet at 7:00 p.m. on the first, second 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. Should Council be scheduled for a closed session, the Clerk shall establish a start time that reflects the nature of the agenda. Council would then return to open session at 7:00 p.m. Council will not meet on a statutory holiday nor will it meet between Christmas and New Years. Should a Council meeting conflict with any committee meeting, such committee meeting shall be rescheduled after consultation with the Committee Chair. The Clerk will advertise any meeting date changes caused by this policy. Council reserves the right to dispense with or alter the time, day or place of any meeting by resolution.
f)
NOTICE REQUIREMENTS Notice to Members of Council and Staff The Clerk, Deputy Clerk or Secretary Treasurer will give notice of all Council and advisory or legislated committee meetings to members of Council and to all Department Heads. The notice will be accompanied by an agenda and any other matter to be addressed at the meeting. (As Amended by By-law 2023-05 passed January 31, 2023) The Clerk will send the notice by posting the agenda to AgendaNotes. In the event of a system problem notice may be sent by alternate means including; delivery, facsimile, electronic mail to the residence or place of business of each member or by telephone alert. Generally members will receive notice at least three days before the day of meeting. However failure to receive the notice will not affect the meeting itself, including the timing of or any actions taken there at. Notice to the Public The Clerk shall give notice to the public of all regular Council and Committee meetings by posting a schedule of meeting dates on the Township’s official web site at the beginning of each calendar year. The agenda shall be posted on the website and in the office on the Friday preceding the date of the meeting. The Clerk shall give notice to the public of all special meetings of Council by posting a notice on the Township’s website as soon as possible after the date of the special meeting has been confirmed.
g)
SPECIAL MEETINGS -A special meeting may be called under the following circumstances: • The Mayor may at any time summon a special meeting. • An advisory or legislated committee chair may at any time summon a special meeting upon receiving permission from the Clerk; 3
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•
Upon receipt of a petition of the majority of the members of Council, the Clerk shall call a special meeting for the purpose and at the time mentioned in the petition. Notice may be given by telephone, e-mail or facsimile transmission or posting to Agenda Notes.
The agenda for a special meeting will be prepared by the Clerk, Deputy Clerk or Secretary Treasurer in consultation with the Mayor or committee chair and will be approved at the meeting. Delegations may be scheduled by the Clerk or Deputy Clerk to be heard by Council or committee during a special meeting as appropriate. Closed session (if requested) will be a standing item on every special meeting agenda. If there is no by-law or petition fixing the place of a special meeting, that meeting shall be held at the place where the last regular meeting was held. (As Amended by By-law 2023-05 passed January 31, 2023) h) CLOSED SESSION - As per Subsection 239(2) of the Municipal Act, 2001, as amended, a meeting or part of a meeting may be closed to the public if the subject matter being considered is: i) the security of property of the municipality ii) personal matters about an identifiable individual, including municipal employees iii) a proposed or pending acquisition or disposition of land by the municipality; iv) labour relations or employee negotiations v) litigation or potential litigation including matters before administrative tribunals effecting the municipality vi) advice that is subject to solicitor client privilege including communications necessary for that purpose; vii) a matter in respect of which a council, board, committee or other body has authorized a meeting to be closed under another Act; viii) Information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them ix) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization x) a trade secret or scientific, technical, commercial or financial information that belongs to the Township or local board and has monetary value or potential monetary value; or xi) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the City or local board. xii) if the meeting is held for the purpose of educating or training the members: and at the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, xiii) local board or committee; A meeting shall be closed to the public if the subject matter relates to: • •
a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by; the Ombudsman appointed
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under the Ombudsman Act, an Ombudsman appointed by Council, or the Closed Meeting Investigator appointed by Council. Prior to holding a meeting or part of a meeting that is to be closed to the public, Council shall state by resolution the fact that a closed meeting is being held and the general nature of the matter to be considered at the closed meeting. A meeting may only be closed to the public during a vote, if: • the subject matter is as defined above; and • the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under contract with the municipality Other policies regarding closed sessions Include: i)
All information, documentation or deliberations received, reviewed or taken into a closed meeting is confidential.
ii)
The response of Members to enquiries about any matter dealt with by Council or a Committee of Council at a closed meeting, prior to it being reported publicly, shall be “no comment", or words to that effect. No member shall release or make public any information considered at a closed meeting or discuss the content of such a meeting with persons other than members of Council or relevant senior staff members included in the Closed Session.
iii)
Any violation of this regulation may result in exclusion of the offending Member from future closed meetings of Council or a Committee of Council and that Member no longer being provided with correspondence, material or information proposed to be dealt with by Council at a closed meeting.
iv)
The determination of whether or not a violation of the closed meeting _ provision of this By-law and the length of the exclusion from closed meetings if so determined, shall be made by Council, and Council in Closed Session shall consider the issue. Prior to this determination by Council, the offending Member shall have the allegation explained to him/her, and he/she shall have the opportunity to provide his/her explanation regarding the matter. The results of Council’s deliberations shall be reported publicly.
v)
Despite clause (iv), the Member affected shall not be permitted to vote on a motion respecting his/her purported violation of the closed meeting provision of the procedural by-law, his or her exclusion from closed meetings, or the length of any such exclusion.
vi)
The release of any information about any matters dealt with by Council at a closed meeting shall be by the Mayor or his delegate only. Once the Mayor or his delegate has released the information, it shall be considered to be public information and a Member may discuss the matter without being considered to be in violation of this By-law.
vii) Agendas, minutes or any items thereon for consideration by Council at a closed meeting shall not be released to the public. i}
COMMITTEE OF THE WHOLE COUNCIL - Committee of the Whole Council meetings will be held at the Call of the Mayor or Clerk on the 2nd Tuesday of each month, as required, except during July and August, and shall follow similar rules of 5
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procedure as Regular Meetings of Council, except that discussions may be less formal. As appropriate, direction provided to staff will be incorporated into reports and will be brought forward for formal approval at Council. Resolutions adopted by Committee of the Whole shall not be binding on Council. Committee of the Whole meetings of Council shall be open to the public except as otherwise provided by The Municipal Act. (See Closed Session Section). 3-AGENDAS a)
REGULAR MEETINGS - The Clerk will prepare an agenda for the use of members at regular meetings. The Agenda shall be posted in the Municipal Building, Sydenham and delivered to each member of Council by posting to AgendaNotes not less than two days (48 hours) prior to the meeting date. The Clerk will attach copies of all relevant correspondence to the agenda package for Council information. All items of business for the agenda will be received by the Clerk by 12:00 noon on the Thursday prior to the meeting date. The business of each meeting follows the order in which it stands on the agenda. The agenda for a meeting may only be amended at that meeting by a motion supported by a majority of the members present. Any undisposed matters will be placed on the agenda for the next meeting. COUNCIL Agenda:
- Call to Order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Briefings
- Approval of Minutes
- Business Arising
- Reports Requiring Action
- Advisory Committee Reports or Minutes
- Reports Requiring Approval of By-laws
- Reports for Information
- Committee of the Whole
- Information Items
- Notice of Motions
- Rise and Report regarding County Council and External Boards
- Announcements/Statement by Councillors
- Question of clarity (from the public on outcome of agenda items)
- Closed Session (if requested)
- Confirmatory By-law
- Adjournment
COMMITTEE OF THE WHOLE Agenda:
- Call to Order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Briefings
- Reports Requiring Direction
- Reports for Information
- Rise and Report regarding County Council and External Boards
- Information Items
- Notice of Motions
- Announcements/Statements by Councillors
- Question of clarity (from the public on outcome of agenda items)
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- Closed Session {if requested)
- Adjournment
During July and August a blended meeting agenda will be used incorporating both delegations and public meetings. b)
DELEGATIONS
i.
Any person desiring to present information orally on matters of fact or to make a request of Council shall give notice and disclose the subject matter to the Clerk not less than ten days preceding the Council Meeting or Committee of the Whole Meeting at which such person desires to be heard ii. In order to be scheduled as a delegation before Council or the Committee of the Whole, a person shall submit to the Clerk written and/or electronic documentation concerning the presentation not less than seven days preceding the meeting iii. The Clerk, in consultation with the Mayor, shall have the authority to deem a delegation inappropriate or outside the scope of Council authority and deny the item a place on the agenda iv. Except as required by law, any person appearing before Council or a Committee who has previously appeared before Council or the same Committee on the same subject matter shall be limited to providing only new information in their second and subsequent appearances v. Under extenuating circumstances, exceptions to the ten days’ notice required in 16.1 may be approved by the Clerk vi. Each delegate shall be limited to not more than a total of ten (10) minutes. Extensions to these limits will be at the discretion of the Mayor vii. A maximum of three (3) delegations may address Council per Meeting viii. The number of speakers for one delegation shall be limited to two, unless authorized by Council resolution ix. Members may only address a Delegation to ask a maximum of two (2) questions for clarification and shall not express opinions or enter into debate or discussion with a Delegation x. Members shall not pose questions to staff during a Delegation xi. All delegates shall address the Mayor, shall state their name and whom they represent xii. No delegate shall: a) Speak disrespectfully of any person; b) Use offensive language; c) Speak on any subject other than the subject for which he has received approval to address Council; d) Disobey the rules of procedure or a decision of the Mayor or Council xiii. The Mayor may curtail any deputation, any questions of a deputant or debate during a deputation for disorder or any other breach of this by-law, and, if the Mayor rules that the deputation is concluded, the person or persons appearing shall withdraw xiv. No Delegations shall be permitted on the following topics: (a) labour relations or staff negotiations; (b) an application submitted under the Planning Act; (c) a Notice of Motion; (d) litigation or administrative tribunal proceedings that are either expected to proceed, that are currently proceeding, or that have already been decided by a court or tribunal; (e) tenders, requests for proposals or other 7
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procurement issues; (f) any matter that is not within the jurisdiction of Council or the Committee of the Whole, as determined by the Mayor in consultation with the Clerk; and (g) any matter that is properly the subject of a Closed Session c)
PUBLIC INPUT RELATED TO PLANNING MATTERS i.
During a statutory public meeting under the Planning Act, members of the public wishing to speak to the matter will be limited to 10 minutes and will be encouraged to provide their comments in writing to be put on record and limit their presentation to information that has not already been provided or addressed by another individual. Council will be given sufficient time to consider public input and as such any corresponding Bylaw will not be passed until the next Council meeting. Council will not make a decision or pass a corresponding by-law until a subsequent Council meeting to provide Council sufficient time to consider public input and any additional information required of the applicant.
ii.
d)
Notwithstanding Section 3. c. Clause i., Council may pass a by-law during the Council meeting in which the statutory public meeting was held, if the planning matter is deemed to be technical in nature and no concerns were raised prior to or during the public meeting. It being understood that the public meeting report would articulate that staff are proposing that the application be considered via the streamlined process.
BRIEFINGS Briefings are allowed at the beginning of the Meeting or when the issue arises on the agenda.
4 - QUORUM and PRESIDING OFFICER a)
REGULAR MEETINGS -As soon as there is a quorum 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. Physical attendance by members of Council is required at Council and Committee meetings in order to participate; no means of electronic participation is permitted.
c)
PRESIDING OFFICER - The Presiding Officer shall oversee the conduct of the meeting including: i) Call the meeting to order ii) Introduce the items listed on the Agenda in the order presented unless otherwise determined by Council iii) Call on the CAO or Department Head to address questions from Council or provide additional information should it have become available since the report was written. iv) Call on the Clerk to read the motion or by-law as requested by the Presiding Officer v) Designate the Council Member or Staff Member as to who has the floor to speak vi) To put to a vote all questions which are properly moved and seconded and after full discussion has been provided, and announce the results of the vote 8
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vii) Ensure the preservation of good order and decorum viii) Ruling on points of order and privilege ix) Deciding all questions relating to the orderly procedure of the meeting subject to an appeal by any member of Council from any ruling of the Presiding Officer
The Presiding Officer may expel any person for improper conduct at a meeting. At Committee of the Whole or Council the Presiding Officer may state his or her position on any matter before Council following the discussion by other members of Council. This will not require the Presiding Officer to relinquish the chair. The Presiding Officer will vacate the chair prior to; make a motion or serve a notice of motion. If making a motion, the presiding officer shall remain out of the chair during the debate and vote on the subject. d)
VACANCIES - If the office of a member of council becomes vacant under section 259 of the Municipal Act, the Council shall at its next meeting declare the office to be vacant, except if a vacancy occurs as a result of the death of a member, the declaration may be made at either of its next two meetings. Rules pertaining to vacancies shall not apply to a member of council of a municipality who is absent for 20 consecutive weeks or less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member. If a vacancy occurs in the office of a member of council, the municipality shall, subject to the Municipal Act, •
fill the vacancy by appointing a person who has consented to accept the office if appointed; or
•
require a by-election to be held to fill the vacancy
5-CONDUCT a)
SPEAKING - Each member must be recognized by the Presiding Officer before speaking on any matter or motion. A member may not speak more than once on a matter without leave of the Presiding Officer, except: • In explanation of a material part of the speech which may have been misunderstood; or • In reply after everyone else wishing to speak has spoken Generally no member may speak to the same matter or in reply for longer than 5 minutes. Through the Presiding Officer, a member may ask for an explanation of any part of the previous speaker’s remarks. A member may also, through the Presiding Officer, ask questions to obtain information relating to the report or minutes presented to Council or any clause contained therein. However this must be done prior to the commencement of the debate on the report, minute or clause. Following the reading of a motion and during debate, all questions to staff are to be addressed through the Presiding Officer.
b)
CONDUCT - Members shall not: i) Speak disrespectfully of the Reigning Sovereign, any member of the Royal Family, the Governor-General or a Lieutenant-Governor; ii) Use offensive words or unparliamentarily language in Council; iii) Disobey the rules of the Council or decision of the Presiding Officer or of Council on questions of order or practice; iv) Leave his or her seat or make any noise or disturbance while a vote is 9
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being taken and the result is declared; v) Enter the Council Chamber while a vote is being taken; vi) Interrupt a member while speaking, except to raise a point of order; vii) Pass between a member who is speaking and the Chair. viii) Engage in private conversation while in the Council Meeting or use electronic/mobile devices in a manner which interrupts the proceeding of the Council, or attempts to coordinate voting. c) d)
ix)
DRESS CODE - Each member of Council is personally accountable for presenting themselves in a professional manner at all Council meeting. DECLARATIONS OF CONFLICT OF INTEREST- Members shall at all times conduct themselves in accordance with the requirements of the Municipal Conflict of Interest Act, including any subsequent amendments, revisions and regulations thereto. All declarations and disclosures made in accordance with the Act shall be made in writing by the member in accordance with the Act, and a copy shall be submitted to the Clerk. If, after making such a declaration, the member determines that he/she does not have a Conflict of Interest, then a public statement to that effect shall be made by the member. Such public statement may be in the same form and substance as the original declaration.
e)
DISCIPLINARY ACTION - It is not the intention of discipline in a meeting to punish a member but to change the behavior of the member. If a member commits a breach of conduct, the escalation of remedies is as follows: • The Presiding Officer requests that the member refrain from breaking the rules and specifies the infraction or rule being broken. • If this fails, the Presiding Officer provides a sterner warning by calling the member to order. • If, after this instruction, the member continues with the action or refuses to be seated the Presiding Officer may, if the breach of conduct is serious enough, request that the offending member to apologize or failing an apology to be expelled from the meeting. If expulsion from the meeting is ordered, the Presiding Officer may establish and appoint individuals to escort the member from the meeting room. If the member refuses to leave, the appropriate civil authorities should be called.
f)
EARLY DEPARTURE FROM MEETINGS - A member who wishes to leave a meeting prior to the adjournment must so advise the Presiding Officer. The recording officer will note the member’s time of departure.
g)
NOTICE OF ABSENCE FROM MEETING - If a member cannot be in attendance at a meeting, they should notify the Clerk or the Deputy Clerk of their absence at their earliest opportunity.
h)
CHAIN OF OFFICE - The Mayor shall wear or display the Chain of Office at each Council meeting. The Mayor may at his or her discretion wear the Chain of Office on ceremonial occasions.
i)
CONDUCT OF PUBLIC AND MEDIA • Members of the public, including accredited and other representatives of any news media, may use cameras, recording equipment, television cameras, and any other devices of a mechanical, electronic, or similar nature to transcribe or record Council Meetings. These devices may not be used in such a way as to obstruct the proceedings 10
Page 126 of 195
of the Meeting. •
Members of the public who constitute the audience at a Meeting, shall not: • Address Council or Committee without permission; • Applaud, shout, boo, hiss or otherwise express their pleasure or displeasure with the proceedings in such a manner as to interfere with the meeting ■ Bring signage, placards or banners into such Meetings or engage in any activity or behavior that would affect the Council deliberations
6-MOTIONS a)
NOTICE OF MOTION - Notice of motions will preferably be received during the scheduled time as allocated under Section 2.0 (a), however the Clerk may receive a notice of motion at any time during a Council meeting. A notice of motion will become part of the agenda for the subsequent Council meeting unless otherwise approved by Council. A notice of motion requires a seconder only at the time of debate. If a motion is not moved and seconded on the day and at the meeting for which notice was given, it cannot be moved at any subsequent meeting without notice being given on the agenda for that meeting.
b)
GENERAL - Every motion, once presented to the Presiding Officer, becomes the property of Council. The presiding officer may call on the Clerk to read the motion. A member can withdraw a motion only with the consent of the majority of Council. Motions shall be debated in the order of presentation to the Presiding Officer. Any member may request that the Clerk read the motion under discussion at any time during the debate, except when another member is speaking. Any member may request separation of a motion. Each section of the motion will be voted on separately. When a matter is under debate, no motions can be made other than a motion: • • • •
To refer I defer To amend To adjourn the meeting To vote on the matter
c)
REFER/DEFER - A motion to refer or defer takes precedence over any motion or amendment, except a motion to adjourn. A motion to refer requires direction as to the body to which it is being referred. A motion to defer must include a reason for deferral. Neither motion is debatable.
d)
VOTING - When a member makes a motion that the vote now be taken, it shall be put to a vote without debate. If a majority of the members agree to put a motion to a vote, the motion and any amendments thereto will be submitted to a vote immediately without further notice. No members may speak or present another motion once the Presiding Officer commences the vote on that motion. Each member present at a Council meeting will vote when the vote is taken on a matter, unless prohibited from so doing by statute. Any member who is present but refuses to vote or abstains to vote, their vote will be deemed to be a vote in the negative. 11
Page 127 of 195
A recorded vote on a motion before Council may be requested at any time by any Council member before the vote is taken or after the vote has been taken unless Council has commenced discussion on a new matter on the agenda. When a member requests a recorded vote, all members will vote in alphabetical order of Council finishing with the Mayor, when polled by the Clerk. The Clerk will note the names of those who voted for and against in the minutes, and will announce the results. If a member disagrees with the results of the vote, he or she may object to the declaration and ask that the Clerk retake the vote. An objection to any resolution shall not be recorded unless a recorded vote is requested. e)
AMENDMENT - A member may present only one amendment to the main motion at a time. Another amendment may be introduced only after the previous one has been disposed of. An amendment that has been seconded may not be withdrawn and must be dealt with.
f)
NEW MATTER -A member may not introduce a new matter without notice, unless Council without debate dispenses with the notice requirements by two thirds vote.
g)
RECONSIDERATION - A member who voted with the prevailing side may move for reconsideration at the same meeting as follows: If the motion to reconsider receives a seconder, the motion for reconsideration shall be open to debate and voted upon. The motion will require the votes of two thirds of members present to pass. If adopted, the motion to reconsider temporarily nullifies the previous decision. The main motion originally voted on is again pending. The motion may now be amended or considered as moved and voted upon. Example: 1. 2. 3.
Original Motion -> Vote Motion to Reconsider-> Vote Reconsideration of main motion (it may now be amended)-> Vote
If a member who voted on the prevailing side presents a motion for reconsideration at a subsequent meeting, the motion must be preceded by a notice of motion. At the subsequent meeting, the motion to reconsider follows the same process, as noted above. It will require a two thirds majority vote of the members present to carry. Example:
Meeting #1 Meeting #2 Meeting #3 Meeting #3
Vote on original motion Notice of Motion to be received Motion to Reconsider to be voted on Matter for Reconsideration to be voted on
No matter may be reconsidered more than once in a twelve-month period. A notice of motion for reconsideration will not stop or delay action on the decided matter unless Council agrees otherwise. In this case. Council must approve the injunction by a two-thirds majority vote of the members present. If Council approves a motion to reconsider, the reconsideration will become the next order of business, unless the motion calls for a future definite date. Debate on the matter shall proceed as though it had not been previously voted upon. The debate must be confined to reasons for or against reconsideration only. 12
Page 128 of 195
h)
ADJOURNMENT - A motion to adjourn a meeting will be in order except: • When a member is in possession of the floor. • When it has been decided that the vote now be taken. • During the taking of a vote. • If determined in the negative the vote shall not be taken again until some intermediate proceedings have been taken by Council. Members may not leave their places on adjournment until the Presiding Officer vacates the role as Chair. Council will adjourn at 10:00 p.m. if in session at that hour, unless determined otherwise by a majority vote of the members present.
i)
BYLAWS -The agenda may contain a summary of the contents of each bylaw. If a majority of Council requests, the Clerk will read the by-law in its entirety. All by-laws must be passed in meetings that are open to the public. A Confirmatory By-law, to confirm the proceedings of Council during the meeting, will be placed before Council each meeting.
j)
SUSPENSION OF THE RULES - Any Member may request that the rules of procedure be temporarily suspended. An example of a motion to suspend the rules would be to extend the meeting past 10:00 p.m.
k)
ULTRA VIRES - No motion shall be put on a matter which is Ultra Vires the jurisdiction of Council
I)
CHANGES TO COUNCIL COMPOSITION - Where Council wishes to consider changes to the composition of council: • 5 votes shall be required to support the change, • At least one Councillor from each district shall support the change, • There shall be widespread consultation with voters before any proposal is adopted including at least one public meeting in advance of day of the meeting where the resolution is decided. Normal municipal procedures for public notice shall apply.
7 – COMMITTEES a) APPLICATION OF THIS BY-LAW TO COMMITTEES - The rules governing the procedures of Council and the conduct of Members as set out in this ByLaw shall be observed in all Committees in so far as they are applicable or as otherwise provided for in the Committee By-Law. b)
EXTERNAL COMMITTEES/BOARDS - Council may from time to time appoint, by resolution, individuals to external committees or boards. The term of office for community members shall be two terms, the length of which will be decided by Council. Terms are to be staggered such that there is always a productive mix of experienced and new volunteer members.
c)
QUORUM - A quorum shall be a majority of those appointed to a Committee by Council. A majority is more than half of the total number of those appointed to the Committee.
d)
COMMENCEMENT OF MEETINGS - If a Committee Chair or Committee ViceChair is not present within fifteen minutes from the time of the opening of the Committee meeting, the members present will elect another member of the Committee to preside. That member will discharge the duties of the Presiding Officer for that meeting, or until the arrival of the Committee Chair or Vice-Chair. 13
Page 129 of 195
e)
VOTING - Any member, including the Committee Chair, may propose or second a motion. When the Committee Chair proposes a motion, he or she must vacate the chair to the Vice-Chair of the Committee during the debate on the motion and resume the chair following the vote. All members will vote on all motions except when disqualified by reasons of pecuniary interest or otherwise.
f)
DUTIES - Council may discharge from responsibility any Committee, which refuses or neglects to give due consideration to any matter before it. Council may then allot such responsibility to another Committee.
g)
CLERK, DEPUTY CLERK OR SECRETARY TREASURER TO PRESIDE AT FIRST MEETING - The Clerk, Deputy Clerk or Secretary Treasurer shall preside at the first Meeting of each Committee or Board in each calendar year for the purpose of electing the Chair of that Committee. Upon election, the Chair shall preside at the Meeting.
14
Page 130 of 195
To: Council Prepared by: Office of the Clerk Date of Meeting: May 16, 2023 Subject: By-law Enforcement and Short-Term Rental Survey Summary
Summary The purpose of the report is to provide Council with a summary of the By-law Enforcement and Short-Term Rental Survey results. The Report also provides information regarding proposed next steps in relation to By-law Enforcement and short-term rental accommodation concerns.
Recommendation This report is for information.
Background At the June 21, 2022 Council meeting, a report regarding Noise By-law Background Information was presented which proposed public consultation in the form of a survey to receive additional information regarding by-law enforcement concerns.
Discussion/Analysis Between February 15, 2023 and March 31, 2023, there was an opportunity for those interested to complete the By-law Enforcement and Short-Term Rental Survey. Advertisement regarding the survey occurred via a notice included as part of the tax bill package, roadside signage, social media posts and the Township website. The survey was hosted on the SurveyMonkey platform. A total of 1,345 responses to the survey were received. A summary of the survey results are attached to the Report as Exhibit A. Summary of Survey Questions 1., 2. and 3.: The results of survey questions 1., 2., and 3. provided information regarding survey respondents residency status, the district in which the respondent resides as well as the length of time in which the respondent has lived in the Township of South Frontenac. Nearly seventy percent of survey respondents indicated that they are permanent (yearround) residents of the Township. Additionally, close to eighty percent of survey respondents have lived in the Township for more than five years.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 131 of 195 Township of South Frontenac Staff Report - By-law Enforcement and Short-Term Rental Survey Summary
Summary of Survey Question 4.: The results of survey question 4. provided an overview of the level of satisfaction regarding the By-law Enforcement program in the Township. In general terms, fourteen percent of the survey respondents were dissatisfied with By-law Enforcement services while approximately sixty-five percent of survey respondents indicated that they viewed the Bylaw Enforcement program in a neutral or satisfactory light. It is worthy to note that approximately twenty percent of survey respondents indicated that they did not have adequate knowledge of By-law Enforcement services in the Township to provide an opinion on the matter. This could suggest that there is an opportunity to further promote or reinforce the By-law Enforcement services or programs available to residents. Summary of Survey Question 5.: The results of survey question 5. provided information regarding the ranking of enforcement areas in terms of importance. Question 5. demonstrated that approximately fifty-two percent of survey respondents ranked noise complaints as either their primary or secondary area of importance. Similarly, seventy-nine percent of survey respondents ranked property standards as one of their top-three areas of importance. Finally, it is evident that Zoning By-law compliance and Illegal construction was of importance to survey respondents.
Please note that while the Township does not have a Property Standards By-law in place, the term “property standards” was utilized in the survey rather than referencing the Township – Safe Property By-law as the term “property standards” is recognizable. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 132 of 195 Township of South Frontenac Staff Report - By-law Enforcement and Short-Term Rental Survey Summary
Summary of Survey Question 6.: In regard to the results of survey question 6., Thirty five (35) to forty three (43) percent of survey respondents believe that enhanced enforcement is required to address noise, property standards, zoning compliance and illegal construction concerns. Further, forty-six percent of survey respondents felt that enhanced enforcement regarding tree cutting and shoreline protection is required. Development Services is currently in the process of collaborating on a Community Planning Permit System which would assist in addressing these concerns. It is important to note that it is not surprising to see the percentages that reflect from fiftythree (53) up to eighty five (85) percent of survey respondents that did not feel that enhanced enforcement was required.
Summary of Survey Question 7.: The results of survey question 7. provided information regarding whether a violation of a bylaw impacted the quality of life of the survey respondent. Just over one-third of survey respondents indicated that a by-law issue impacted their quality of life. Summary of Survey Question 8.: The results of survey question 8. provided data regarding whether a survey respondent submitted a by-law complaint to the Township regarding issue impacting their quality of life. Approximately eighty percent of survey respondents indicated that they did not submit a complaint to the Township regarding a by-law concern.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 133 of 195 Township of South Frontenac Staff Report - By-law Enforcement and Short-Term Rental Survey Summary
The data could further suggest that additional outreach is required to raise awareness regarding the current Township By-law Enforcement programs as only 266 of the 480 respondents who noted that a by-law issue impacted their quality of life submitted a formal complaint. Summary of Survey Question 9.: The results of survey question 9. provided information regarding the nature of the submitted by-law complaints. 465 survey respondents responded to question 9 (or 35% (thirty five percent) of those who completed the survey). And provided 638 responses as multiple choices could be selected. The number of respondents is consistent with the data stemming from question 7. It is worthy to note that seventy-five percent of complaints were related to either noise or property standards concerns which reinforces the data provided by question 5.
Summary of Survey Question 10.: The results of survey question 10. provide further clarification regarding the frequency in which survey respondents were impacted by a by-law issue. A review of question 10. can indicate the need to increase awareness of current Township By-law Enforcement programs or a low occurrence of infractions within the Township. Additionally, it is important to remember that not all complaints received are necessarily a legitimate by-law violation.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 134 of 195 Township of South Frontenac Staff Report - By-law Enforcement and Short-Term Rental Survey Summary
Summary of Survey Question 11.: Survey question 11. sought to gauge whether survey respondents believe that short-term rental accommodations should be permitted in the Township. Nearly eighty percent of survey respondents noted that they were supportive of short-term rental accommodations being permitted. Summary of Survey Question 12.: The results of survey question 12. provided information regarding whether survey respondents felt that short-term rental accommodations in the Township should be regulated by a licensing program. Upon review of the data, the results of question 12. demonstrate a 50-50 split between those in support of short-term rental accommodation licensing and those who are either opposed or undecided. Summary of Survey Question 13.: The data stemming from question 13. illustrates what survey respondents believe are key components to a short-term rental licensing program. It is evident that survey respondents believe that owner responsibility and establishing a code of conduct for renters were of upmost importance. Additionally, addressing noise complaints and solid waste issues were also of high importance.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 135 of 195 Township of South Frontenac Staff Report - By-law Enforcement and Short-Term Rental Survey Summary
Current Status and Next Steps: Over the course of the past year, the Township has allocated considerable resources to its By-law Enforcement program. The Township is in a position to effectively investigate and address By-law Enforcement concerns. The Township now has the ability to issue administrative monetary penalties in relation to violation of the following By-laws: Dog Control By-law, Noise By-law, Safe Property By-law, Trailer Licensing By-law and the Waste Management By-law. Furthermore, provisions within the Noise By-law and Waste Management By-law permit administrative monetary penalties to be issued directly to the property owner or director of the corporation in an effort to increase owner responsibility. Township staff have worked very closely with Frontenac Municipal Law Enforcement to ensure that the necessary processes are in place to effectively investigate by-law complaints. In light of the survey results, staff are also taking steps to raise awareness regarding the By-law Enforcement programs and services currently in place. Recently, the Township has included information in the Frontenac News and on social media regarding adherence to the Noise By-law. The following represents an example of the advertising campaign:
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 136 of 195 Township of South Frontenac Staff Report - By-law Enforcement and Short-Term Rental Survey Summary
“Noise By-law Enforcement This May long weekend, be a good neighbour. While you’re outdoors having fun with family and friends, please keep noise levels reasonable. To report a noise violation, call 613-5413213 and leave a message with details and a call back number.”
Staff believe that the tools currently available to the Township will better position the municipality to be able to address by-law concerns in general. Further, the initial feedback received in relation to short-term rental accommodations points to enforcement enabled through existing by-laws. Staff are recommending that information continue to be gathered over the upcoming summer which will provide an opportunity to determine if additional bylaw enforcement tools are required including consideration of short-term accommodations licensing to support the quality of life for residents. The Township requests that residents submit By-law complaints by calling 613-541-3213.
Financial Implications None.
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 137 of 195 Township of South Frontenac Staff Report - By-law Enforcement and Short-Term Rental Survey Summary
•
Priority: Choose an item.
Notice/Consultation
Chief Administrative Officer Deputy Clerk Executive Assistant/Communications Officer
Attachments Exhibit A – By-law Enforcement and Short-Term Rental Survey Summary
Approvals Submitted By:
James Thompson Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
By-law Enforcement and Short-term Rental Survey Page 138 of 195
Thursday, April 20, 2023
1345 Total Responses
Complete Responses: 1345
Page 139 of 195
Date Created: Tuesday, January 31, 2023
Q1: Are you a permanent or seasonal resident? Answered: 1345 ,: 0
Permanent
Seasonal
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Page 140 of 195
Other
Q1: Are you a permanent or seasonal resident? Answered: 1345 ,: 0
ANSWER CHOICES
RESPONSES
Permanent
68.92%
927
Seasonal
29.29%
394
Other
1.78%
24
TOTAL
1345
Page 141 of 195
Q2: In which district do you live? Answered: 1345 ,: 0
Bedford
Loughborough
Storrington
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Page 142 of 195
Portland
Q2: In which district do you live? Answered: 1345 ,: 0
ANSWER CHOICES
RESPONSES
Bedford
37.55%
505
Loughborough
27.36%
368
Storrington
19.03%
256
Portland
16.06%
216
TOTAL
1345 Page 143 of 195
Q3: How long have you lived in South Frontenac? Answered: 1345 ,: 0
Less than 3 years
Between 3 and 5 years
Between 5 and 10 years
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Page 144 of 195
More than 10 years
Q3: How long have you lived in South Frontenac? Answered: 1345 ,: 0
ANSWER CHOICES
RESPONSES
Less than 3 years
11.82%
159
Between 3 and 5 years
9.29%
125
Between 5 and 10 years
13.75%
185
More than 10 years
65.13%
876
TOTAL
1345 Page 145 of 195
Q4: How satisfied are you with by-law enforcement in South Frontenac? Answered: 1345 ,: 0
Very satisfied
Satisfied
Neutral
Dissatisfied
Very dissatisfied
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Page 146 of 195
I have no knowledge of by-law enforcement here
Q4: How satisfied are you with by-law enforcement in South Frontenac? Answered: 1345 ,: 0
ANSWER CHOICES
RESPONSES 11.23%
151
Satisfied
22.60%
304
Neutral
31.67%
426
Dissatisfied
8.92%
120
Very dissatisfied
4.39%
59
I have no knowledge of by-law enforcement here
21.19%
285
TOTAL
1345
Page 147 of 195
Very satisfied
Q5: Please rank in order of importance the following enforcement areas, 1 being the most important Answered: 1279 ,: 66
Page 148 of 195
Q5: Please rank in order of importance the following enforcement areas, 1 being the most important Answered: 1279 ,: 66
Page 149 of 195
Q6: Do you believe that enhanced enforcement is required in the following areas? Answered: 1311 ,: 34
Noise Complaints Property Standards Zoning Compliance Illegal Construction Dog Control Animal Control Parking Violations
0%
10%
20%
30%
40%
Yes
No
50%
60%
70%
80%
90%
100%
Page 150 of 195
Tree Cutting/Shoreline Protection
Q6: Do you believe that enhanced enforcement is required in the following areas? Answered: 1311 ,: 34
NO
TOTAL
WEIGHTED AVERAGE
Noise Complaints
35.03% 434
64.97% 805
1239
1
Property Standards
43.55% 533
56.45% 691
1224
1
Zoning Compliance
39.44% 480
60.56% 737
1217
1
Illegal Construction
40.38% 487
59.62% 719
1206
1
Dog Control
24.68% 290
75.32% 885
1175
1
Animal Control
21.64% 251
78.36% 909
1160
1
Parking Violations
14.98% 173
85.02% 982
1155
1
Tree Cutting/Shoreline Protection
46.75% 576
53.25% 656
1232
1
Page 151 of 195
YES
Q7: Has an issue related to one of our by-laws impacted your ability to enjoy your quality of life? Answered: 1345 ,: 0
Yes
No
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Page 152 of 195
0%
Q7: Has an issue related to one of our by-laws impacted your ability to enjoy your quality of life? Answered: 1345 ,: 0
ANSWER CHOICES
RESPONSES
Yes
35.69%
480
No
64.31%
865
TOTAL
1345
Page 153 of 195
Q8: Did you report your issue to South Frontenac? Answered: 1345 ,: 0
Yes
No
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Page 154 of 195
0%
Q8: Did you report your issue to South Frontenac? Answered: 1345 ,: 0
ANSWER CHOICES
RESPONSES
Yes
19.78%
266
No
80.22%
1079
TOTAL
1345
Page 155 of 195
Q9: What was the issue in relation to? Select all that apply. Answered: 465 Skipped: 880
Noise Complaint
Property Standards
Dog Control
Parking Violations
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Page 156 of 195
Other
Q9: What was the issue in relation to? Select all that apply. Answered: 465 Skipped: 880
ANSWER CHOICES
RESPONSES
Noise Complaint
47.10%
219
Property Standards
27.96%
130
Dog Control
18.92%
88
Parking Violations
5.81%
27
Other
37.42%
174
638
Page 157 of 195
TOTAL
Q10: How many issues have you experienced over the last three years? Answered: 465 Skipped: 880
1
Between 2 and 5
Between 6 and 10
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Page 158 of 195
More than 10
Q10: How many issues have you experienced over the last three years? Answered: 465 Skipped: 880
ANSWER CHOICES
RESPONSES
1
21.51%
100
Between 2 and 5
44.95%
209
Between 6 and 10
15.91%
74
More than 10
17.63%
82
TOTAL
465 Page 159 of 195
Township? (typically includes rentals less than 30 days such as cottage rentals, etc.) Answered: 1305 ,: 40
Yes
No
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Page 160 of 195
0%
Township? (typically includes rentals less than 30 days such as cottage rentals, etc.) Answered: 1305 ,: 40
ANSWER CHOICES
RESPONSES
Yes
78.77%
1028
No
21.23%
277
TOTAL
1305
Page 161 of 195
Q12: Do you believe that short-term rental properties in South Frontenac should be regulated through a licensing program? Answered: 1305 ,: 40
Yes
No
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Page 162 of 195
Not sure
Q12: Do you believe that short-term rental properties in South Frontenac should be regulated through a licensing program? Answered: 1305 ,: 40
ANSWER CHOICES
RESPONSES
Yes
50.65%
661
No
32.49%
424
Not sure
16.86%
220
TOTAL
1305
Page 163 of 195
Q13: What do you see as the main benefits to licensing short-term rentals? (Check all that apply) Answered: 1065 ,: 280
Address noise complaints Address property standards issues Promote fire protection Address building code concerns Ensure proper garbage and recycling collection Ensure owner responsibility
Ensure a property is not rented year-round 0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Page 164 of 195
Establish a Code of Conduct for Renters
Q13: What do you see as the main benefits to licensing short-term rentals? (Check all that apply) Answered: 1065 ,: 280
ANSWER CHOICES
RESPONSES 67.04%
714
Address property standards issues
48.83%
520
Promote fire protection
45.92%
489
Address building code concerns
32.39%
345
Ensure proper garbage and recycling collection
57.75%
615
Ensure owner responsibility
83.38%
888
Establish a Code of Conduct for Renters
69.58%
741
Ensure a property is not rented year-round
27.04%
288
TOTAL
4600
Page 165 of 195
Address noise complaints
Page 166 of 195
To:
Council
Prepared by:
Development Services Department
Date of Meeting:
May 16, 2023
Subject:
1st Quarter 2023 – Building Services Report
Summary This report documents the delivery of Building Services within the Development Services Department between January 1, 2023, and March 31, 2023. Recommendation This report is for information only. Background Each quarter, Building Services reports publicly on the number of permit applications being received and processed by the Township. This also includes the delivery of Part 8 services on behalf of all four (4) of the Frontenac Townships. This report details quarterly construction values from 2020 to 2023, building permits that have been issued, closed, and Part 8 Sewage System services that were delivered for all four Townships in 2023. Discussion/Analysis During Q1 of 2023, Building Services received 135 files. Of those files, 79 were for South Frontenac building applications and 56 were for Part 8 applications across the four Frontenac Townships. These files include building and sewage system applications, civic number applications, pool enclosures, address assignments, zoning compliance letters, investigation files as well as other applications related to Part 8 services including the review of planning applications in all four Frontenac Townships. South Frontenac Building Permits Issued: The following chart provides a breakdown by permit type for the 1st quarter of 2023 exclusively for South Frontenac. Type of Construction Accessory Building Deck/Covered Porch
Q1 9 4
Demolition
5
New Multi-Unit Residential
0
New Non-Residential
0
Single Detached Dwelling
7
Pool Enclosure
1
Renovation/Repair/Addition
6
Seasonal Dwelling
1
Secondary Dwelling Unit
0
Sewage System
7
Sign, Solar, Tent…
2
Woodstove/Fireplace
9 Totals
51
Q1 2023 – Building Services Page 167 of 195 The following chart illustrates the total construction value in South Frontenac for the 1st quarter of 2023. Quarterly Construction Values for all issued permits (including Part 8) for South Frontenac: Quarterly Construction Values
Q1
Q2
Q3
$2,127,530
$8,131,300
$10,645,958
37
101
145
$5,533,201
$16,856,695
$10,129,267
78
149
113
$15,122,652
$22,910,670
$20,188,974
86
149
121
2020
of permits
2021
of permits
2022
of permits
2023
Q4
Total
$9,438,047 $30,342,835 83
366
$8,203,592 $40,722,755 71
411
$15,959,458 $74,181,754 80
436
$7,101,555
of permits
51
The total construction value for all Q1 building permits (for all Townships) is over $7.1 million dollars. Q1 revenue collected for South Frontenac building permits totaled $142,151. Delivery of Part 8 Services (Q1 - Fees): The following chart illustrates Part 8 Services across four (4) Townships for the 1st quarter of 2023. The total revenue collected for Part 8 services in Q1 was $18,244 from a total of 28 chargeable Part 8-related services across all Townships.
Part 8 Services
Consent Review
Permits
Minor Performance Variance Review Review 1 1
North Frontenac
0
0
Total fees
$0
$0
$463
Central Frontenac Total fees
4
0
$3,912
Record Search
Total
0
2
$515
$
$978
1
0
0
5
$0
$463
$0
$0
$4,375
Frontenac Islands Total fees
0
1
0
1
0
2
$0
$515
$0
$515
$0
$1,030
South Frontenac
7
4
2
3
3
19
Total fees
$6,846
$2,060
$926
$1,720
$309
$11,861
Total Files
11
5
4
5
3
28
$10,758
$2,575
$1,852
$2,750
$309
$18,244
Total Revenue
In Q1, Building Services issued a total of 11 Part 8 sewage system permits and commented on 9 planning applications from a Part 8 perspective across Frontenac County. Building Files Closed: In Q1, Building Services closed 42 files. Relationship to Strategic Plans ☒ Not applicable to this report.
☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan.
Q1 2023 – Building Services Page 168 of 195 •
Priority: 3. Ensure the organizational capacity to deliver cost-effective services in a changing world.
Notice/Consultation
Rebecca Roy, Deputy Chief Building Official Tom Berriault, Chief Building Official
Approvals Prepared by: Peggy Spafford, Permit Intake Coordinator Submitted by:
Brad Wright Director of Development Services
Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
Page 169 of 195
And To:
Committee of the Whole
Prepared by:
Development Services Department
Date of Meeting:
May 16, 2023
Subject:
1st Quarter 2023 – Planning Services Report
Summary This report documents the delivery of Planning Services within the Development Services Department between January 1, 2023, and March 31, 2023 (1st Quarter, 2023).
Recommendation This report is for information only.
Background The charts below break out planning activities by application type for Q1 2023 and compares the number to 2022 quarterly totals. The activities outlined below were completed by the Planner, Senior Planner, and Director of Development Services. Pre-consultation Meetings
Number of Meetings
2022 – 4th Quarter Total
55
2022 – 3rd Quarter Total
55
2022 – 2nd Quarter Total 2022 – 1st Quarter Total
78 95
2023 – 1st Quarter Total
25
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 170 of 195 Township of South Frontenac Staff Report – Q1 - 2023 Report – Planning Services Consent Applications Complete Applications Submitted 2022 – 4th Quarter Total
16
2022 – 3rd Quarter Total
9
2022 – 2nd Quarter Total 2022 – 1st Quarter Total
17 15
2023 – 1st Quarter Total
10
Consent Applications – Approvals by Delegated Approval versus Applications Heard by Committee of Adjustment Undisputed Consents Disputed Consents Approved by Heard by Committee Director of Development of Adjustment Services 2022 – 4th Quarter Total 5 2 rd 2022 – 3 Quarter Total 17 6 2022 – 2nd Quarter Total 4 19 2022 – 1st Quarter Total 17 0 2023 – 1st Quarter Total Minor Variance Applications
15
2
2022 – 3rd Quarter Total 2022 – 2nd Quarter Total 2022 – 1st Quarter Total
Complete Applications Submitted 13 9 11 19
2023 – 1st Quarter Total
14
2022 – 4th Quarter Total
Zoning By-law Amendment Applications Complete Applications Submitted 2022 – 4th Quarter Total
2022 – 2nd Quarter Total 2022 – 1st Quarter Total
1 5 9 2
2023 – 1st Quarter Total
5
2022 – 3rd Quarter Total
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 171 of 195 Township of South Frontenac Staff Report – Q1 - 2023 Report – Planning Services Site Plan Control Applications Applications Submitted 2022 – 4th Quarter Total 2022 – 3rd Quarter Total 2022 – 2nd Quarter Total 2022 – 1st Quarter Total
1 3 7 3
2023 – 1st Quarter Total
2
Development Agreements Agreements Prepared 2022 – 4th Quarter Total
21
2022 – 3rd Quarter Total
8
2022 – 2nd Quarter Total
31
2022 – 1st Quarter Total
22
2023 – 1st Quarter Total
24
Certificates of Official Issued (Finalizing Consent Applications) Certificates Issued 2022 – 4th Quarter Total 2022 – 3rd Quarter Total 2022 – 2nd Quarter Total 2022 – 1st Quarter Total
19 16 9 11
2023 – 1st Quarter Total
3
Other In Q1 of 2023: • 5 Minimum Distance Separation Calculation was completed. Plans of Subdivision & Condominiums •
A 31-lot residential plan of subdivision in Sunbury was submitted to the County in April 2020. The County held a statutory public meeting in Fall 2022. Township and County staff are working with the applicant regarding a response to public comments, specifically stormwater management.
•
A 13-lot residential plan of subdivision (Hartington Subdivision). The developer continues to work towards fulfilling conditions of draft plan approval. Staff has
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 172 of 195 Township of South Frontenac Staff Report – Q1 - 2023 Report – Planning Services completed drafting of a subdivision agreement. It will now be circulated for review by Township staff, Conservation Authority, and the Township’s solicitor.
Discussion/Analysis The application numbers and demand for planning services in the 1st quarter of 2023 are down slightly compared to the 1st quarter of 2022. There has been an increase in planning inquiries, applications and pre-consultation meetings in the past couple of weeks in step with the warmer weather. It is anticipated that the Q2 planning numbers will be higher relative to the Q1 2023 numbers.
Financial Implications None.
Relationship to Strategic Plans ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: 3. Ensure the organizational capacity to deliver cost-effective services in a changing world.
Notice/Consultation
Michelle Hannah, Deputy Clerk
Attachments None
Approvals Submitted by:
Brad Wright Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 173 of 195
To: Council Prepared by: Public Services Department Date of Meeting: May 16, 2023 Subject: Award of Tender # PS-2023-16 – 1-Ton Pick Up Trucks
Summary This report provides background on the budget and award of contract for the purchase of two (2) 1-Ton extended cab pick up trucks.
Recommendation This report is for information only.
Background The Public Services Department had a 2022 carryover capital project for the purchase of a ¾ Ton truck that was combined with the 2023 ¾ Ton truck capital project and tendered in one procurement. Previous procurements specified a ¾ Ton pick up trucks with a minimum gross vehicle weight rating (GVWR) of 8,800lbs which can be underrated when equipped with a plow and sander for winter maintenance operations. The vehicle specification was increased to a 1Ton truck with a minimum GVWR of 11,000lbs for operational requirements.
Discussion/Analysis Public Services Department issued Request for Tender PS-2023-16 for the purchase of two (2) 1-Ton trucks that closed on April 12, 2023 and four (4) submissions were received. The results of the tender bids were as follows:
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Page 174 of 195 Township of South Frontenac Staff Report -
Supplier Gananoque Motors Ltd James Braden Ford Ltd Petrie Ford Sales Inc Revell Ford Lincoln
Total (Inc. Net HST Rebate) $145,380.44 $161,778.05 $153,169.15 $155,133.12
The total price for the two combined projects is within budget including the specification increase to a 1-Ton truck with a GVWR of 11,000lbs and can be awarded under delegated authority. Estimated delivery date for the trucks is the end of October 2023.
Financial Implications The budget for this procurement is funded from two approved capital projects: Project 22-16 – $69,000 Project 23-74 – $75,000
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item (if applicable):
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation • •
Brian Kirk, Manager of Operations & Fleet Shelley Stedall, Director of Corporate Services & Treasurer
Attachments None.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 175 of 195 Township of South Frontenac Staff Report - Project 23-74 – $75,000
Approvals Submitted By:
Kyle Bolton, C.E.T. Director of Public Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
2022 Annual Report Supporting Healthy & Resilient Communities
Page 176 of 195
Cataraqui Conservation About Cataraqui Region Conservation Authority (Cataraqui Conservation) is a community based environmental protection and advisory agency, established in 1964 by the Province of Ontario at the request of municipalities within the Cataraqui watershed. Its role is to provide expertise and resources to aid in the protection of life and property from the growing risk of flooding and erosion of shorelines and waterways.
Cataraqui Conservation also provides opportunities for nature appreciation and recreation for residents at our eight Conservation Areas and the Cataraqui Trail. Our staff work towards the goal of supporting healthy local watersheds, protecting public health, reducing the impact of natural hazards, and ensuring resilient communities.
Our jurisdiction is over 3,800 sq km of land from the Town of Greater Napanee in the west to the City of Brockville in the east, encompassing 11 watersheds. Municipalities represented include the Cities of Kingston and Brockville, the Towns of Gananoque and Greater Napanee, and the Townships of Rideau Lakes, Leeds & the Thousand Islands, Athens, Loyalist, South Frontenac, Front of Yonge, and Elizabethtown-Kitley. When acting as the Cataraqui Source Protection Authority, Frontenac Islands Township is included in the membership. Cataraqui Conservation’s mandate is to provide programs and services with partner municipalities to further the conservation, restoration, development, and management of natural resources in the Cataraqui Region watershed. Along with these programs and services we strive to promote sustainable living in our communities and work with our partners to ensure development actions upstream do not have detrimental impacts downstream.
Matt Harper Town of Gananoque
Garry Hewett (Jan-Apr) City of Brockville
Terry Richardson Town of Greater Napanee
Cameron Wales (May-Dec) City of Brockville
Wayne Hill (Jan-Nov) City of Kingston
Gordon Ohlke Leeds & the Thousand islands
Joan Delaney (Nov) Township of Rideau Lakes
David Beatty (Jan-Dec) City of Brockville
Jim Neill (Jan-Nov) City of Kingston
Paul McAuley - Chair Loyalist Township
Alan Revill Township of South Frontenac
Katherine Hobbs (Dec) City of Brockville
Gary Oosterhof - Vice-Chair (Aug-Dec) City of Kingston
Nathan Townend (Jan-Nov) Loyalist Township
Ross Sutherland Township of South Frontenac
Jim Earle (Dec) City of Brockville
Lisa Osanic City of Kingston
Paul Proderick (Dec) Loyalist Township
Al Hanes Township of Elizabethtown-Kitley
Don Amos (Dec) City of Kingston
Claire Smith - Vice-Chair (Jan-July) Township of Rideau Lakes
Al Barton Township of Front of Yonge
Wendy Stephen (Dec) City of Kingston
Jeff Banks (Aug-Oct) Township of Rideau Lakes
Page 177 of 195
Matt Smith Athens
Message from Board Chair Paul McAuley “May you live in interesting times.” The above comment is attributed by some as an ancient Chinese curse – I see it as a reflection of what Cataraqui Conservation has been living through over the last few years. We’ve been hit by three significant changes that have challenged our staff and board. The past year staff and leadership have begun to understand what it means to provide service in a post-pandemic world where we have to deal with increased citizen expectations, high inflation, and supply and resource shortages. We are truly in a different environment as we try to build back from the pandemic and continue to offer services in a safe, cost-effective manner.
Finally, the last year was also one where we continued to see the impacts of what seems to be increasing climate changes. Significant weather events
Relating back to the aforementioned quote, I would add a corollary “If you must live in interesting times, may you be surrounded by able partners and move forward with optimism”. We are fortunate to have dedicated and highly-qualified management and staff at Cataraqui Conservation and I want to recognize Katrina and the team for all the support they have provided to me as Chair, to the board, and to our municipalities. They have approached every change with a positive attitude and the goal of supporting Cataraqui Conservation.
I thank the board for the opportunity to be your Chair. We are in interesting times, and I remain optimistic that Cataraqui Conservation will continue to thrive and provide high-quality support to our communities.
Paul McAuley Cataraqui Conservation Board Chair Loyalist Township
Page 178 of 195
We were also faced with significant political change, in the form of both Provincial and Municipal elections, and significant legislative changes around Bill 23, More Homes Build Faster Act. Management and staff have spent significant time providing comment on legislative changes and planning for how those will impact the Authority and our partner municipalities going forward. This Act came on the heels of changes to the Conservation Authorities Act that are still being implemented. Combined, changes to these Acts will impact the role and expected deliverables for Conservation Authorities over the next few years.
and increasing variability have impacted workloads for staff and heightened the need for good watershed planning. Unfortunately, I suspect we have only seen the beginning of this trend and it will be a topic of discussion well into the future. Despite the need to deal with all of these “interesting times”, Cataraqui Conservation has continued to provide excellent services to our citizens and communities. Management and staff continue to work to find creative and innovative solutions. They have established excellent partnerships with our local municipalities, our Conservation Authority neighbors, Conservation Ontario, and ministry staff. Services have largely returned to normal after the pandemic and we continue to move ahead with our needed projects and capital planning. Of particular note is the work on the new Cataraqui Conservation administration offices in conjunction with Frontenac County. Renovations are well underway and hopefully will be available for staff in the next year.
Cataraqui Conservation Staff - 2022
Message From General Manager Katrina Furlanetto In 2022, staff once again continued to adapt to changes in the community, legislation, and working in a hybrid environment. It was year prioritized to advance internal professional development, initiatives in the watershed, and partnerships with local municipalities. Cataraqui Conservation’s team moved forward on modernizing internal workflows through implementing a new financial software supporting timesheet management, updating databases to track development review metrics, streamlining website reporting for merchandise and registration purchases, purchasing new hardware to support in-field reporting, and updating health & safety and cyber security programming. Staff continued to engage municipalities during the turnover of Council and improved Cataraqui Conservation’s presence in the community through regional sign development, public consultation and notices for trail improvements and policy reviews, along with the launch of a Lake Reporting Dashboard.
Katrina Furlanetto General Manager, Cataraqui Conservation
Administration Clerk Coordinator, Communications Manager, Conservation Lands Assistant, Chair & General Manager Supervisor, Development Review Financial Analyst Coordinator, Little Cataraqui Creek Development Officer Coordinator, Watershed Planning Technologist, Water Resources Supervisor, Communications & Education Development Officer Coordinator, Source Protection Coordinator, Forestry Coordintaor, Operations Planning Assistant, Source Protection Senior Conservation Educator GIS and Data Technician Supervisor, Finance Resource Planning Clerk Manager, Watershed Planning & Engineering Resource Planner Lead Hand, Conservation Operations Conservation Operations Conservation Operations Resource Planner Resource Planner Technologist, Water Resources GIS & Corporate Technology Analyst
Page 179 of 195
Cataraqui Conservation will focus on strategic priority setting moving into 2023 and looks forward to working closely with our community partners to better understand the needs of the watershed.
Devan Anderson Jim Barber Tom Beaubiah Donna Campbell Michael Dakin Laura Dietrich Dianne Doyle Hailey Esdon Holly Evans Shawn Fairbank Krista Fazackerley Eric Gallaway Kelsey Guerette Rick Knapton Steve Knapton Tessa Latchmore Stana Luxford Oddie Chelsea Penlington Cheryl Rider Rhonda Roantree Andrew Schmidt Emily Su Brock Sheen Cole Spence Joey Stephenson Janelle Treash Kristen Wozniak Mallory Wright Travis York
Corporate Services & Administration Dedicated to governance accountability, transparency & customer service
Corporate Services and Administration is an inter-departmental team within Cataraqui Conservation that supports the business, financial, communication, information management and internal operational infrastructure of the organization. This includes, but is not limited to, finance and accounting (budgets, payroll, accounts payable/receivable), human resources, internal and external communications and marketing, information management and GIS (Geographical Information Systems) mapping support, as well as acting as a resource for the General Manager and Full Authority Board. Staff are also responsible for document management, establishing and publishing corporate policies and regulations, customer service, and ensuring the overall sustainability of Cataraqui Conservation as a corporate entity. They also coordinate and provide administrative support for the Full Authority Board and its various Committees.
16 2 15 434
2022 Projects & Initiatives • •
• • • •
Full Authority Board Meetings with 96 staff reports Source Protection Authority Meetings with 5 staff reports Committee Meetings with 38 staff reports
• • • • •
Private donors in 2022 raising a total of $38,071.00
Press releases distributed Blog posts and 20 events Website visitors Facebook likes/followers Twitter followers Instagram followers
Page 180 of 195
40 35 121,415 4,089 3,847 1,400
• •
Continued to provide a safe workplace through policy updates, health and safety audit, weekly discussions, and joining WSIB’s Excellence Program. Continued to review, implement, and report on requirements for the Conservation Authorities Act such as the development of a Programs and Services Inventory. Increased capacity through two internal leadership promotions and hiring of three contract positions and one maternity leave backfill. Commenced construction on our new office building - Joint Administration Facility with Frontenac County. Installed new computer servers and implemented hardware and network replacements. Provided training on cyber security and created two new policies for risk management. Completed website updates and educational material to improve the user and customer experience. Implemented a new payroll, absence management, and timesheet platform to modernize internal workflows. New signage design and development for all properties through a partnership with regional tourism organizations. Partnered with the City of Kingston to modernize development application processing, online customer service, and update educational resources. Created three new policies for the organization along with updating two existing corporate policies. Completed a Compensation Review update for the organization. Increased engagement through social media and news stories on the website.
4 3 2 10 5 45
Bridges on the Cataraqui Trail had new decking installed Bridges on the Cataraqui Trail had new safety barriers installed New SUVs and one truck were purchased through the Fleet Program Annual inspections conducted on managed water control structures. Year review on Fleet Rationalization project.
Conservation Area use booking permits
Conservation Lands & Operations Protecting lands and enhancing the ecosystem for generations to come
Cataraqui Conservation Lands and Operations staff play an integral part in the management and maintenance of all Cataraqui Conservation properties, including both public spaces and environmentally significant/sensitive lands through all four seasons. The Operations Team carry out tasks at all Conservation Areas (trail maintenance, building maintenance, garbage pick up, stocking privies, grooming trails, clearing snow, etc.), support the operation and management of water control structures, and support all departments to help them fulfill their work objectives. Staff have been focused on meeting Provincial Objectives through implementation of the Conservation Authorities Act and regulation changes, ensuring a positive use experience and supporting the needs of our neighbours, partners, friends groups, and visitors.
Page 181 of 195
2022 Projects & Initiatives • Created new shoreline trail at Lemoine Point Conservation Area to replace eroded sections. • Resurfaced a section of the service road at Lemoine Point. • Restored and resurfaced a section of the Cataraqui Trail from Perth Road to Opinicon via a partnership with Trans Canada Trail. • Conducted trail improvements at Little Cataraqui Creek Conservation Area that included culverts and drainage work. • Continued to install/replace gates on the Cataraqui Trail. • Installed new signage at various properties across the watershed. • Created a new rest stop at Chaffey’s Lock on the Cataraqui Trail in partnership with Rideau Lakes Township, Chaffey’s Historical Society, and Rideau Lakes Economic Development Committee. • Concrete repairs were contracted and completed on the Wilton Road Dam. • Performed Phase 1 rehabilitation of the south laneway entrance at Lemoine Point Conservation Area. • Conducted emergency repairs to the septic system at the Outdoor Centre.
Education & Public Programs Cultivating a culture of conservation for today and tomorrow Cataraqui Conservation’s Education and Public Programs strive to connect learners of all ages to the environment through their head, heart, and hands. Instilling a sense of awe and respect for the natural world with watershed residents helps them become stewards for the environment in their own communities today, tomorrow and in the future. Our staff offer a wide range of quality outdoor and environmental education programs for all ages from pre-school to seniors. The curated conservation-focused program offerings take place around the Cataraqui Region watershed: in-person at conservation areas, special events, local greenspaces, school yards, and online to serve watershed residents wherever they reside.
•
•
Annual Passes sold Students from the Limestone and Algonquin & Lakeshore Boards* Forest School sessions taught at Little Cataraqui Creek Conservation Area Public Forest Therapy sessions hosted for 95 participants Sets of skis (poles, boots & skis) rented during Jan. and Feb.** Pairs of snowshoes rented during Jan. and Feb.***
- COVID-19 restrictions and school restrictions were still felt in program area during 2022 ** Rented skis on 9 days out of a possible 17 due to lack of snow or icy conditions *** Rented snowshoes on 11 days out of a possible 17 due to lack of snow or icy conditions
•
Continued to evolve education and public programs due to the COVID-19 pandemic to ensure safe and engaging programming for the community. Hosted 56 online programs with two school boards and were regular contributors to the Limestone District School Board’s Virtual School. Welcomed back students to outdoor field trips in late spring and fall of 2022. Staff visited school yards, nearby parks/greenspaces and hosted classes at Little Cataraqui Creek Conservation Area.
•
Education Program mentored four Teacher Candidates from Queen’s University.
•
Continued to grow community partnerships by piloting a new program with Sandy Pines Wildlife Centre, Education staff co-chaired the Limestone District School Board’s Environmental Sustainability Advisory Committee, continued offering partner programs with Pathways to Youth for after school
programs, and collaborated with the Kingston Indigenous Languages Nest (KILN). •
Public Programs balanced COVID-19 restrictions with health and safety measures to deliver family friendly programs on the weekends.
•
Worked with Public Health to offer Maple Madness to the community in a safe way. Implemented new online registration and number capping per COVID-19 guidelines while still offering a safe space for the community to enjoy the festivities.
•
Public Program staff provided support to other departments by assisting with document management, policy and standard operating procedure development, permits, and providing administration support for Education bookings.
•
Staff continued to update website, point of sale, and payment technology to streamline workflow and provide enhanced customer service options for the community.
Page 182 of 195
808 3,472 40 20 719 131
2022 Projects & Initiatives
Stewardship
2022 Projects & Initiatives
Demonstrated leadership in tree planting, rural forestry management and shoreline protection Cataraqui Conservation works with landowners and various forestry management partners to encourage stewardship of land and water. Staff provide information about tree planting, shoreline naturalization and invasive species. The program’s main focus is on afforestation (new forests) and contributing to the overall forest cover in the Cataraqui Region to provide wind and water erosion protection, make poor land more productive and create/enhance wildlife habitat.
•
Signed a new planting partner contract with Tree Canada
•
217,750 trees planted in the Cataraqui Conservation watershed as part of Forest Ontario’s 50 Million Tree Program, Highway of Heroes planting program, and Tree Canada’s National Greening Program.
•
6,350 seedlings sold over the counter to 15 landowners and groups.
•
Survival assessment completed on 376,150 trees on 58 properties. This includes assessments for 2022 (1st year), 2021 (2nd year), and 2018 (5th year).
•
Installed new identification markers on the Assisted Migration Project plots. Forest Gene staff visited the project to collect data on how the plots are doing.
•
Initiated a Hazard Tree Policy for the Authority.
•
Natural Resources Canada staff collected samples from the Emerald Ash Borer parisitoid wasp research site at Lemoine Point Conservation Area.
Number of Trees Planted by Municipality in 2022 2,250 (2.8 acres) 50,550 (63.2 acres) 26,750 (33.4 acres) 14,700 (18.4 acres) 19,550 (24.4 acres)
103,950 (129.9 acres)
Greater Napanee Loyalist City of Kingston South Frontenac Rideau Lakes Other*
Total: 217,750 trees (272.2 acres)
- Other: includes Wolfe, Simcoe and Howe Islands and a small section of Stone Mills.
Page 183 of 195
Development Review
Protecting people and property from natural hazards Following the mandate outlined in provincial legislation and in accordance with service agreements with each of our member municipalities, Cataraqui Conservation’s planning and permitting duties (collectively called Development Review) are focused on avoidance of natural hazards (e.g. flooding and erosion), protection of natural heritage resources (e.g. wetlands, woodlands, wildlife habitat) and protection of the water quality and ecological integrity of the region’s waterbodies and shorelines. Development Review responsibilities include providing comments on policy documents (e.g. Official Plans and comprehensive Zoning By-laws) and applications submitted under the Planning Act. In addition, Cataraqui Conservation is mandated to implement Ontario Regulation 148/06: Development Interference with Wetlands and Alterations to Shorelines and Watercourses.* Our planning and regulation services complement other Cataraqui Conservation resource management activities by directing development to areas that are not hazardous, maintaining natural features and ecological functions, and protecting water quality and quantity. 2022 Projects & Initiatives •
Initiated a five year update to the Guidelines for Implementing Ontario Regulation 148/06, the second of two key policy documents used for development review.
•
Undertook several program improvements including development of electronic permit and plan review inspection forms, updates to key visual references, and a new application payments system with support from the City of Kingston through the Streamlining Development Approvals Fund. Staff provided input on a variety of new municipal planning documents including various Official Plans and Zoning By-laws. Most notably for 2022, South Frontenac Official Plan update and the County of Lennox & Addington Natural Heritage Strategy.
•
Completed a research project in partnership with Queen’s University School of Urban and Regional Planning for Ecological Offsetting in the Cataraqui Region that will form the basis for policy development.
•
Held a Section 28 Permit Hearing for a large-scale, complex development file on the St. Lawrence River.
•
Responded to a record number of formal and informal development inquiries, totaling 745.
- Reflects Cataraqui Conservation’s development role responsibilities for 2022, prior to Bill 23 changes that came into effect January 1, 2023.
Planning & Permit applications reviewed by staff of applications were met within municipal plan review targets of applications were met within Conservation Ontario service targets
2022 Plan Review and Permitting Activity Number of Plan Review Files:
Number of Permit Application Files:
Athens …………………………………………. 13 Brockville ……………………………………. 12 Elizabethtown-Kitley ………………. 26 Front of Yonge ………………………….. 11 Gananoque ……………………………….. 17 Greater Napanee ……………………. 28 Kingston …………………………………….. 45 Leeds & the Thousand Islands …………………….. 90 Loyalist ……………………………………….. 34 Rideau Lakes …………………………….. 39 South Frontenac ………………………. 52 Frontenac Islands ……………………. 5
Athens …………………………………………. 13 Brockville ……………………………………. 10 Elizabethtown-Kitley ………………. 25 Front of Yonge ………………………….. 3 Gananoque ……………………………….. 7 Greater Napanee ……………………. 25 Kingston …………………………………….. 65 Leeds & the Thousand Islands …………………….. 128 Loyalist ……………………………………….. 21 Rideau Lakes …………………………….. 33 South Frontenac ………………………. 68 Frontenac Islands ……………………. N/A
Total of 372 applications
Total of 398 applications
85.5% met municipal review targets
95.5% met guideline review targets
Page 184 of 195
•
826 85.5% 95.5%
Watershed Science & Engineering
Maintaining the viability and sustainability of our most precious resources Monitoring the health of our watersheds allows Conservation Authorities and their partners to better target programs and measure environmental change for the overall health and sustainability of our communities and their inhabitants. This includes an understanding of local flood, drought, and erosion hazards, conditions of local lakes and streams, forest and wetland cover, groundwater, and the health of fish and aquatic communities. Cataraqui Conservation owns and/or operates 10 water control structures and uses data gathered from stream gauges, weather stations, snow survey sites, meteorologic forecasts, and computer models to forecast potential floods and drought conditions. As part of our responsibility to make the public aware of water levels, flood warning and drought condition messages are issued regularly to local municipalities, partner agencies, and the public.
2022 Projects & Initiatives •
•
•
•
•
Monthly review of low water thresholds and organization of the Low Water Response Team. No low water thresholds were indicated in 2022. Staff continued to support the planning and delivery of the annual Lake Links Workshop. Participated on a Sustainable Drainage Working Group to identify options to improve runoff quality in village settings. Assisted lake and watershed associations with technical advice and information. Staff dealt with high-water levels and flows on inland lakes and
•
•
• •
Completed Operation Maintenance Safety and Surveillance (OMSS) Manual for the Buell’s Creek Detention Basin. Staff led four spring freshet meetings with the four major water manager groups (Parks Canada, Portage Power, MNRF, Cataraqui Conservation) to discuss watershed conditions, water levels, dam safety, coordination of operations, and inform flood messaging. Work began on the Wilton Road Dam Safety Study. Staff developed floodplain compensation guidelines to support the 2022 Regulations Update.
Locations monitored by staff and stream temperatures classified. Watershed statements/flood messages issued Annual inspections conducted on managed water control structures.
Page 185 of 195
•
Launched the Lake Reporting Dashboard to provide information on all lakes for the Cataraqui Region.
streams resulting from rainfall and wind events which were more frequent in 2022 than a “typical” year.
6 5 14 10
New remote water level sensors installed via watershed partnership
Drinking Water Source Protection Dedicated to the quality of our municipal drinking water at its source Clean, sustainable and abundant drinking water is important to us all. Under the Drinking Water Source Protection Program, Cataraqui Conservation staff work with local municipalities and stakeholders to implement the Cataraqui Source Protection Plan to ensure clean, safe and sustainable municipal drinking water sources (rivers, lakes, aquifers) are protected. The Cataraqui Source Protection Plan is a locally developed plan of action to keep municipal sources of drinking water clean and plentiful. Implementation of the Plan is being carried out cooperatively amongst implementing bodies, through the Source Protection Committee, including municipalities, local health units, provincial ministries, Cataraqui Conservation, and others.
Policies addressing drinking water threats in the Cataraqui Region Risk management offices in the Cataraqui Source Protection Area Intake Protection Zones Wellhead Protection Areas
•
Hosted a virtual municipal forum on Source Water Protection and Climate Change (impacts and mitigation) with speakers from Health Canada, Conservation Ontario, Lake Huron and Elgin Area Water Systems, and Loyalist Township.
•
Hosted three Cataraqui Source Protection Committee meetings with eleven staff reports. Presented five staff reports at two Cataraqui Source Protection Authority meetings.
•
Provided municipalities with information on the newly developed Climate Change Vulnerability Assessment Tool through the Municipal Forum.
•
Developed a municipal newsletter highlighting Source Protection efforts and information.
•
Hosted working group meetings with Risk Management Officials and Municipalities to assist in the development of the ongoing amendment to the Cataraqui Source Protection Plan.
•
Continued to provide resources such as the Groundwater Protection Workbook to the pubic and Cataraqui Source Protection Committee members and staff also took part in education and outreach at two fall fairs in eastern Ontario.
In 2022, staff worked to updated the Cataraqui Source Protection Plan and Assessment Report to include new provincial technical rules. The Plan and Assessment Report are undergoing a multi-year update process required under the Clean Water Act to refine policies, provide clarity, and include new data where applicable. Consultation for the amended Plan and Assessment Report will occur in 2023. Part of this work includes amendments regarding transportation corridors, salt management plans, handling and storage of fuel, and liquid hydrocarbon pipelines.
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80 68 4 9 3
Per cent of Cataraqui Region residents that rely on municipal drinking water systems
2022 Projects & Initiatives
Conservation By the Numbers Cataraqui Conservation was formed at the request of watershed municipalities and we rely on our partners to successfully implement our programs and services in the community. The foundation of Cataraqui Conservation’s budget is a levy on partner municipalities. Staff strive each year to reduce costs, drive operational efficiencies and maximize other sources of revenue to supplement levy dollars and provide comprehensive and robust services to municipalities and watershed residents. Other sources that contribute to Cataraqui Conservation’s budget include: • • • • •
2022 Revenues $5,370,572
Authority generated fees for education programs, rentals, conservation areas, permits and planning applications. Fundraising and support through the Cataraqui Conservation Foundation. Special levies to specific municipalities for projects and services. Grant dollars for students, projects, and infrastructure. Partnering with other Conservation Authorities on joint programming and grant opportunities for projects.
52%
Municipal Levy
$2,788,752 General M) 1%Levy ($2.2 Federal Government Special Levies ($334k) Federal ($8k) $39,000 Provincial ($283k) 4% Provincial Government Authority Generated ($2.4 M) $208,701 43% Authority Generated $2,334,119
19%
2022 Expenditures $5,370,572
Page 187 of 195
Administration $1,008,330 18% Corporate Services $961,633 10% Education & Public Programs - $544,715 Corporate Services ($1.5 M) 24% Conservation Lands & Public Programs & Education (482k) Operations - $1,277,619 Conservation Lands ($1.5 M) 12% Development Review Planning & Development Review ($447k) $646,605 Forestry ($254k) 5% Stewardship $277,765 9% Watershed Science & Engineering - $501,905 3% Drinking Water Source Protection - $152,000
CataraquiConservation.ca
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1641 Perth Rd. Glenburnie ON K0H 1S0 613-546-4228 - info@crca.ca
Page 189 of 195
May 2023 Your Worship, Whether you live in a large, cosmopolitan city or a small hamlet, you have been faced with the opioid crisis facing Canadians. The National Chronic Pain Society is asking for your assistance to help patients suffering from chronic pain from becoming addicted to opioids. Recently, the Ontario College of Physicians and Surgeons has made a decision that will lead more people who suffer from chronic pain to turn to opioids to alleviate their pain. The College is targeting community pain clinics by requiring the use of ultrasound technology in the administration of nerve block injections by licensed physicians. They are not mandating this requirement for physicians in any other capacity, such as epidurals in hospitals. This requirement will increase the time it takes to administer the nerve block and, therefore, reduce the number of patients a physician can see in a day. Also, the Ontario Health Insurance Plan (OHIP) is proposing to reduce coverage for several vital healthcare services, including a drastic reduction in the number and frequency of nerve block injections a patient can receive. These changes have been proposed without any consultation with pain management medical professionals or with their patients. This cut will force chronic pain clinics to shut down, putting a greater strain on family physicians and emergency rooms. With the reduction in the number of nerve bocks being administered, many patients, looking for pain relief, will turn to overcrowded emergency rooms, opioid prescriptions from doctors or opioid street drugs. We are asking that your Council pass a motion requesting that the Government of Ontario maintain OHIP coverage for chronic pain treatments and continue to provide much-needed care for the people of Ontario. Further if you can please communicate that motion to the Premier, Minister of Health, Associate Minister of Mental Health and Addictions and your local MPP(s), Thank you for your kind consideration of this matter. If you have any question, please do not hesitate to contact me at 1-800-252-1837, or by email at info@nationalchronicpainsociety.org. You may also contact me through Elias Diamantopoulos of GTA Strategies at (416) 499-4588 ext. 6, or at elias@gtastrategies.com. Sincerely,
Leeann Corbeil, Executive Director National Chronic Pain Society
Page 190 of 195
To: Council Prepared by: Office of the Clerk Date of Meeting: May 16, 2023 Notice of Motion – Appointment of a Councillor as a Subject: representative of the Friends of the Cataraqui Trail Board of Directors.
Summary At the May 2, 2023 Council meeting, Councillor Roberts filed a notice of motion requesting that staff bring back a report containing background information to allow Council to give consideration to the appointment of a member of Council as a representative of the Friends of the Cataraqui Trail Board of Directors.
Recommendation That ________________________ be appointment to the Friend of the Cataraqui Trail Board of Directors as the representative of South Frontenac Council for the term of Council.
Background At the May 2, 2023, Council meeting, Councillor Roberts served a notice of motion requesting that staff bring back a formal report to allow Council to consider the appointment of a member of Council to the Friends of the Cataraqui Trail Board of Directors.
Discussion/Analysis The Friends of the Cataraqui Trial is a volunteer organization that supports the Trail. The group organizes cleanups, encourages discussion among all the users, raises issues of common concern, work with Cataraqui Conservation staff on improving the Trail and advocate for the Trail in the community. The Friends of the Cataraqui Trial Board of Directors is made up of 16 representatives of the two snowmobile clubs, the Townships bordering the Trail and community members. The Friends of the Cataraqui Trail by their Chair, Ross Sutherland wrote to South Frontenac Township Council inviting Council to appoint a representative of South Frontenac Township to the Friends of the Cataraqui Trail Board of Directors.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 191 of 195 Township of South Frontenac Staff Report - Notice of Motion – Appointment of a Councillor as a representative of the Friends of the Cataraqui Trail Board of Directors.
The Friends of the Cataraqui Trail hold virtual meetings on the 4th Thursday of the month starting at 7:00 pm. The Friends of the Cataraqui Trail Board of Directors is not a committee of council and is therefore not subject to the South Frontenac Committee by-law and would be considered arms length from the committee Township governance model.
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item (if applicable): N/A
Attachments Attachment #1 – Letter from the Friends of Cataraqui Trial March 7, 2023
Approvals Prepared by:
Michelle Hannah, Deputy Clerk Submitted By:
James Thompson Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 192 of 195
To: Council Prepared by: Office of the Clerk Date of Meeting: May 16, 2023 Notice of Motion – Proposed support for the reconsideration of Subject: the current wording of Bill 23 with respect to Conservation Authority review.
Summary At the May 2, 2023 Council meeting Mayor Vandewal filed a notice of motion requesting that Council support the reconsideration of the current wording of Bill 23 with respect to the Conservation Authority ability to provide natural heritage and water-related plan review services.
Recommendation Whereas Bill 23 – More Homes Built Faster Act under Ontario Regulation 596/22 has removed the ability for Conservation Authorities to provide municipalities with review and commenting services as part of the planning approval process on natural heritage and water-related policies. Whereas the Township of South Frontenac and Council are committed to providing reliable and timely planning application process support for applicants. Whereas the Township of South Frontenac and Council feels strongly that this current legislation change is not in the best interest of rural municipalities or its residents. Whereas the Township of South Frontenac and Council feel that these services are best provided by the local conservation authority due to the existing working relationship, historical knowledge of the covered geographic area, and technical expertise provided by Conservation Authority staff on matters related to natural heritage and water-related plan review services; and Whereas the Township of South Frontenac and Council feel that municipalities benefit from leveraging the expertise of their local conservation authority. The current wording in Bill 23 forces municipalities to contract this work out to the private sector where there is already limited expertise and capacity to take on this expanded role. Therefore Be It Resolved That the Council of the Corporation of the Township of South Frontenac request that the province reconsider the current wording in Bill 23; and www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 193 of 195 Township of South Frontenac Staff Report - Discussion/Analysis
That the ability to provide review and commenting services as part of the planning approval process on natural heritage and water-related policies be reinstated with the addition of language that would require Conservation Authorities to process applications within a legislated time frame; and That the Council of the Corporation of the Township of South Frontenac direct the Clerk to send this motion to the Premier of Ontario; the Ontario Minister of Municipal Affairs and Housing; the Association of Municipalities of Ontario (AMO), the local Members of Provincial Parliament (MPP’s);
Background At the May 2, 2023, Council meeting, Mayor Vandewal served a notice of motion requesting that Council support the re-wording of Bill 23, specifically to allow the Conservation Authority to provide support with respect to matters related to natural heritage and waterrelated plan review services. Discussion/Analysis Bill 23, More Homes Built Faster Act, 2022 was introduced at the Provincial Legislature for First Reading on October 25, 2022. The Bill was passed on November 28, 2022 and received Royal Assent the same day. As a result, Bill 23 is now in effect. The legislation is part of the Provincial Government’s plan to build 1.5 million homes by 2032. Bill 23 has implemented recommendations from the Ontario Housing Affordability Task Force Report. One major change that is affecting many rural municipalities is that the role of the Conservation Authorities has been limited to focus on natural hazards such as flooding and erosion, and wetlands as they pertain to unstable soils. A Conservation Authority currently is unable provide their expertise to planning staff on matters related to natural heritage and water-related plan review with respect to responsible development within or near forests, wetlands as they pertain to wildlife, and other fish and wildlife habitat. Historically, planning staff have relied on Conservation Authorities to provide their expertise with respect to commenting on development application for natural heritage and natural hazards, with the current wording of Bill 23 planning staff will be required to find expertise services from a private entity. The resources of private companies are already limited and as such, it would be in the best interest to allow the Conservation Authorities to remain as commenting agencies on development applications and to provide them with a timeline for providing comments.
Relationship to Strategic Plans ☒ Not applicable to this report.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 194 of 195 Township of South Frontenac Staff Report -
☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item (if applicable): N/A
Attachments None.
Approvals Prepared by:
Michelle Hannah, Deputy Clerk Submitted By:
James Thompson Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 195 of 195
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-45 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE SPECIAL COUNCIL MEETING OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON MAY 16, 2023 Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act of any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act S.O. 2001, c. 25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of the jurisdiction described in the Table to Subsection 2, subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O 2001 c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise, and Whereas the Council of the Township of South Frontenac deems it expedient to confirm its actions and proceedings; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, HEREBY ENACTS AS FOLLOWS: 1.
The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on May 16, 2023 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held May 16, 2023 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on May 16, 2023 except those taken by by-law and those required by bylaw to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.
Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.
This By-law shall come into force and take effect on the date of its passage.
Read a first and second time this 16 day of May 2023. Read a third time and finally passed this 16 day of May, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
