Body: Council Type: Agenda Meeting: Regular Date: August 17, 2021 Collection: Council Agendas Municipality: South Frontenac

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TOWNSHIP OF SOUTH FRONTENAC COUNCIL MEETING AGENDA

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

7:00 PM, Tuesday, August 17, 2021 Electronic Participation/Council

Call to Order and Roll Call

a)

Resolution

Declaration of pecuniary interest and the general nature thereof

Approval of Agenda

a)

Resolution

Scheduled Closed Session ( at end of meeting)

Delegations - none

Public Meeting

a)

Resolution and Public Meeting Statement

4 - 35

b)

Z-21-14 - Rezoning application for 2965 Battersea Road (K. Mulrooney Trucking Ltd)

36 - 40

c)

Z-21-15 - Rezoning application for 56 Nighthawk Lane (Jason & Laura Quesnel)

41 - 45

d)

Z-21-18 - Rezoning application for 4057 Milburn Road (Township Initiated)

46 - 56

e)

Resolution - Close Public Meeting

Approval of Minutes

a)

June 15, 2021 Council Meeting

57 - 69

b)

June 17, 2021 Committee of the Whole Meeting

70 - 71

Business Arising from the Minutes - not applicable

Reports Requiring Action

a)

Keeley Road Administration Office Windows

72

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b)

Sydenham Fire Hall - Oil Tank Replacement

73

c)

Large Format Scanner

74

d)

OPP Station Lease Renewal

75

e)

Star Corners - Intersection Design Update (RFP P02-2017)

76 - 78

f)

PS-2021-21 - Snow Removal at Facilities and Fire Halls

79 - 80

g)

Zoning By-law Amendment Z-20-17 - Concession 3, Part of Lot 3, Deyos Road (south of Bunker Hill & James Wilson Roads) Caden Craig (See By-law 2021-40)

81 - 89

h)

Site Plan Control Application - Con 3 Part Lot 3, Deyos Road (south of Bunker Hill Rd) - Caden Craig (See By-law 2021-41)

90 - 97

i)

Correcting By-law 2021-30 - Road Widening - Rideau Road (See Bylaw 2021-42)

98 101

j)

RC-20-01- Part of Road Allowance between Con 9 and 10, Lot 20 Christel Lane (See By-law 2021-43)

102 107

k)

RC-21-05 - Request for Road Closing between Concessions 10 and 11 Storrington (De Groot)

108 119

l)

Administrative Monetary Penalties (See By-law 2021-44)

120 122

m)

ICIP-COVID-19 Grant

123 124

n)

Open Farms 2021 – Sale and Service of Alcohol

125 126

Committee Meeting Minutes - not applicable

By-laws

a)

First and Second Readings

b)

By-law 2021-40 - Rezone Concession 3, Part Lot 3 to RU-63 (Craig)

127 129

c)

By-law 2021-41 - Site Plan Agreement with Caden Craig

130 135

d)

By-law 2021-42 - Amend By-law 2021-30 - Rideau Road Road Closing

136

e)

By-law 2021-43 - Stop up, close and transfer ownership of Parts 13 and 15, Plan 13R22455 - Christel Lane

137

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f)

By-law 2020-44 - Being a by-law to establish Administrative Monetary Penalties

Reports for Information

a)

Quarterly Financial Review

144 148

b)

Investment Update

149 151

c)

Automatic Aid Agreement with Central Frontenac Township

152 160

d)

Award of Tender #PS-2021-20 - Two Tandem Plow Trucks

161 162

Information Items

a)

County of Lennox and Addington - Council Resolution - Education Development Charges

163 164

b)

David R. Donnelly, Donnelly Law, re: Development in Johnston Point - Application for Investigation under the Environmental Bill of Rights, 1993

165 167

c)

Official Plan Open House - Virtual Consultation Sessions

168

Notice of Motions

Announcements/Statements by Councillors

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

Closed Session

a)

Council will move into a Closed Session as permitted by the Municipal Act Section 239,2 to discuss item (b) personal matters about an identifiable individual, including municipal or local board employees related to the Chief Administrative Officers performance appraisal and a verbal update on recruitment in Public Services and item (c) a proposed or pending acquisition or disposition of land by the municipality or local board related to property on Bunker Hill Road, and Battersea Road in the hamlet of Battersea.

b)

Public Services Department Recruitment (Verbal update from the CAO)

c)

Property Acquisition - Battersea Road (in the hamlet of Battersea)

d)

CAO Performance Appraisal

e)

Resolution - Move out of Closed Session

Confirmatory By-law

a)

By-law 2021-45

Adjournment

a)

Resolution Natural, Vibrant and Growing - A Progressive Rural Leader

138 143

169

Public Meeting under Planning Act Z-21-14 Z-21-15 Z-21-18 Tuesday, August 17, 2021 7:00 p.m. Virtual Public Meeting South Frontenac Council Page 4 of 169

Public Meeting Statement • The purpose of this public meeting is to hear Zoning By-Law Amendment Applications Z-21-14, Z21-15 and Z-21-18. • If a person or public body does not make oral or written submissions at this public meeting, or make written submissions to South Frontenac Township before any by-law is passed, the person or public body may not be added to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. • If you wish to be notified of the decision of Council in respect to one or more of the applications, you must submit a written request to the Clerk via email at amaddocks@southfrontenac.net. This will also entitle you to be advised of an Ontario Lane Tribunal appeal. • Anyone may appeal the decision to the Ontario Land Tribunal. The appeal 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

2

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2021-08-17

Agenda for Public Meeting • Planner reviews proposal and delivers report • Questions from Council • Comments from Applicant/Owner, Agent and the Public • Comments/Questions from Council • Close Public Meeting

Public Meeting

3

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2021-08-17

Z-21-14 Applicant: Agent: Property:

K. Mulrooney Trucking Ltd. Gary Beach 2965 Battersea Road Storrington District

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Location

Public Meeting Z-21-14

5

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2021-08-17

Proposal • Rezone from RU-3 to RU • RU-3 Special Provision Zone cannot be applied to new lots

Public Meeting Z-21-14

6

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2021-08-17

2021-08-17

Public Meeting Z-21-14

7

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Retained Parcel and Stone Building

2021-08-17

Public Meeting Z-21-14

8

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Severed Parcels

Department, Agency and Public Comments • Public Services, the Building Department (Sewage System Review), and Cataraqui Conservation • •

Not circulated the rezoning application No objection to the approval of the consent applications

• Public Comments •

None to date

Public Meeting Z-21-14

9

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2021-08-17

Policy Framework Provincial Policy Statement

Consistent with the applicable policies on rural residential lot creation and development

Frontenac County Official Plan Township of South Frontenac Official Plan

Public Meeting Z-21-14

10

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2021-08-17

Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting

Public Meeting Z-21-14

11

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2021-08-17

Questions and Comments • Questions from Council • Comments from Applicant/Owner, Agent and the Public • Comments/Questions from Council

Public Meeting Z-21-14

12

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2021-08-17

Z-21-15 Applicant: Agent: Property:

Jason and Laura Quesnel The Boulevard Group 56 Nighthawk Lane, Bedford District

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Location

Public Meeting Z-21-15

14

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2021-08-17

Proposal • Rezone from RW to RU • New parcels will not be waterfront properties

Public Meeting Z-21-15

15

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2021-08-17

2021-08-17

Public Meeting Z-21-15

16

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Severed Parcels

2021-08-17

Public Meeting Z-21-15

17

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Retained Parcel

Department, Agency and Public Comments • Public Services, the Building Department (Sewage System Review), and Cataraqui Conservation • •

Not circulated the rezoning application No objection to the approval of the consent applications

• Public Comments •

None to date

Public Meeting Z-21-15

18

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2021-08-17

Policy Framework Provincial Policy Statement

Consistent with the applicable policies on rural residential lot creation and development

Frontenac County Official Plan Township of South Frontenac Official Plan

Public Meeting Z-21-15

19

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2021-08-17

Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting

Public Meeting Z-21-15

20

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2021-08-17

Questions and Comments • Questions from Council • Comments from Applicant/Owner, Agent and the Public • Comments/Questions from Council

Public Meeting Z-21-15

21

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2021-08-17

Z-21-18 Applicant: Property:

Township of South Frontenac 4057 Milburn Road Storrington District

Page 25 of 169

Location

Battersea

2021-08-17

Public Meeting Z-21-18

23

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Sunbury

Proposal • Rezone from QB-2 to CF • Municipal fire hall

Public Meeting Z-21-18

24

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2021-08-17

2021-08-17

Public Meeting Z-21-18

25

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View of Subject Lands from Battersea Road

2021-08-17

Public Meeting Z-21-18

26

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View of Subject Lands from Cemetery

Surrounding Land Uses

School Quarry

House

Cemetery

Quarry

Pit and Quarry

2021-08-17

Public Meeting Z-21-18

27

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Houses

Quarry

Berm

Excerpt from Landscape Plan (Source: Ronald Awde Architect) 2021-08-17

Public Meeting Z-21-18

28

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Cemetery

Department and Public Comments • Public Services • • •

By-law 2000-01 (Roads By-law) specifies minimum sight distances for entrances to roads Entrances will need to be adjusted to more closely comply with By-law Flashing beacons and reduced speed limit may need to be considered

• Building Department (Sewage System Review) •

No objection – there is flexibility in siting a sewage disposal system

• Public Comments •

2021-08-17

Public Meeting Z-21-18

29

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G. Tackaberry & Sons Construction Co. Ltd. raised initial concerns about the potential impact of the proposed fire hall on their quarry operations and vice versa

Policy Framework Provincial Policy Statement Sustaining communities Protecting mineral aggregates

Frontenac County Official Plan Township of South Frontenac Official Plan

Public Meeting Z-21-18

30

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2021-08-17

Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting

Public Meeting Z-21-18

31

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2021-08-17

Questions and Comments • Questions from Council • Comments from Applicant/Owner, Agent and the Public • Comments/Questions from Council

Public Meeting Z-21-18

32

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2021-08-17

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REPORT TO COUNCIL DEVELOPMENT SERVICES

Public Meeting Report – Zoning By-law Amendment Report Date: Application No: Owner: Agent: Location of Property: Purpose of Application: Date of Public Meeting:

August 9, 2021 Z-21-14 K. Mulrooney Trucking Ltd. Gary Beach 2965 Battersea Road, Storrington District Rezone from Rural – Special Provision (RU-3) to Rural (RU) August 17, 2021 (Virtual Public Meeting)

Recommendation This report is for information only. Consistent with Council’s Procedural By-law, Council will receive comments from the public on application Z-21-14 and staff will bring a more detailed report considering public comments and making a recommendation to a future meeting. Proposal An application was submitted to amend Zoning By-law No. 2003-75 to rezone a portion of the subject property from Rural – Special Provision (RU-3) to Rural (RU). Background The subject property is located on the north side of Battersea Road, east of McGarvey Road and south of Princess Road. The northern portion of the subject property contains a pit and quarry and is zoned Special Quarry ‘A’ Zone 1 (QA-1). The southern portion of the subject property contains fields, an existing stone dwelling, a storage shed and a water tower. There is residential development on properties along McGarvey Road, Battersea Road and Princess Road in the area of the subject lands. Attachment 1 to this report is a map showing the location of the property relative to local landmarks. The subject property is subject to consent applications S-12-20-S, S-13-20-S and S-1420-S to create three new residential lots. Provisional approval of the consent applications was granted subject to conditions by the Director of Development Services on April 6, 2021, as the consent applications met the criteria of undisputed consents based on Delegation By-law 2020-27. A condition of approval is that the new lots be rezoned from Rural – Special Provision (RU-3) to Rural (RU). The new zoning would bring the new lots into conformity with the Zoning By-law and establish suitable provisions for development of the severed lots with a single detached dwelling. The three new, vacant residential lots would each be at least 1.0 hectares in area, and have at least 76 metres of frontage on McGarvey Road. The parcels need to be rezoned from RU-3 to RU because the RU-3 special provision zone speaks to uses permitted in the existing residential stone building on the retained lands (permits a

Natural, Vibrant and Growing – a Progressive Rural Leader 1

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REPORT TO COUNCIL DEVELOPMENT SERVICES

maximum of four multiple unit dwelling units) and so the zone cannot be applied to the new lots. Attachment 2 to this report is a draft by-law. Department, Agency and Public Comments Public Services, the Building Department (Sewage System Review), and Cataraqui Conservation were not circulated the rezoning application, as they had no objection to the approval of consent applications S-12-20-S, S-13-20-S and S-14-20-S when they reviewed them earlier last year. Under the Planning Act, a public meeting is required to be held to receive comments from citizens on the proposed rezoning. The province has provided direction that public meetings are able to be held virtually using technology such as Zoom to obtain public input on planning applications. The public meeting for application Z-21-14 will be a virtual public meeting. Further public comments may be provided through the virtual public meeting. Preliminary Planning Analysis Consideration for the Provincial Policy Statement, County of Frontenac Official Plan, Township of South Frontenac Official Plan, and Zoning By-law 2003-75, was had in the decision to grant provisional approval to the consent applications. The zoning by-law amendment is consistent with the applicable policies on rural residential lot creation and development. The RU zone is applicable to rural properties that have frontage on a public road. Further detail will be provided in a subsequent report to Council.

Prepared by: Anna Geladi, Planner Reviewed by: Claire Dodds, MCIP, RPP, Director of Development Services Approved by: Louise Fragnito, Acting CAO Date of Site Visit: October 20, 2020 Attachments:

  1. Location Map
  2. Draft By-law 2021-XX

Natural, Vibrant and Growing – a Progressive Rural Leader 2

Attachment 1. Location Map - 2965 Battersea Road

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Settlement Area Citations

1.8

0

0.92

WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.

1.8 Kilometers

Notes Z-21-14

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

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1: 36,112

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-## BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL – SPECIAL PROVISION (RU-3) TO RURAL (RU) ON LANDS DESCRIBED AS 2965 BATTERSEA ROAD, PART OF LOT 38, CONCESSION 7, DISTRICT OF STORRINGTON, TOWNSHIP OF SOUTH FRONTENAC: K. MULROONEY TRUCKING 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; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.

THAT Schedule “C”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural – Special Provision (RU-3) to Rural (RU) for the lands shown on Schedule “1”.

THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this ##th day of MONTH, 2021. Read a first and second time this ##th day of MONTH, 2021. Read a third time and finally passed this ##th day of MONTH, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

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Schedule 1 This is Schedule “1” to By-law No. 2021- XX.

Passed this ##th day of MONTH, 2021


Ron Vandewal, Mayor


Angela Maddocks, Clerk

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REPORT TO COUNCIL DEVELOPMENT SERVICES

Public Meeting Report – Zoning By-law Amendment Report Date: Application No: Owner: Agent: Location of Property: Purpose of Application: Date of Public Meeting:

August 9, 2021 Z-21-15 Jason and Laura Quesnel The Boulevard Group 56 Nighthawk Lane, Bedford District Rezone from Waterfront Residential (RW) to Rural (RU) August 17, 2021 (Virtual Public Meeting)

Recommendation This report is for information only. Consistent with Council’s Procedural By-law, Council will receive comments from the public on application Z-21-15 and staff will bring a more detailed report considering public comments and making a recommendation to a future meeting.

Proposal An application was submitted to amend Zoning By-law No. 2003-75 to rezone a portion of the subject property from Residential Waterfront (RW) to Rural (RU). Background The subject property is located between Deyos Road and Thirteen Island Lake. The dwelling on the property is accessed by Nighthawk Lane, which runs through the western half of the property. The subject lands slope from Deyos Road towards Thirteen Island Lake and consist predominantly of forest and rock outcrops. There is residential development on properties along Deyos Road and Nighthawk Lane in the area of the subject lands. Attachment 1 to this report is a map showing the location of the property relative to local landmarks. The subject property is subject to consent applications S-48-20-B, S-49-20-B and S-5020-B to create three new residential lots. Provisional approval of the consent applications was granted subject to conditions by the Director of Development Services on June 1, 2021, as the consent applications met the criteria of undisputed consents based on Delegation By-law 2020-27. A condition of approval is that the new lots be rezoned from Waterfront Residential (RW) to Rural (RU). The new zoning would bring the parcels into conformity with the Zoning By-law and would establish the most appropriate zoning for development of a single detached dwelling on the severed lots. The three new, vacant residential lots would each be at least 1.0 hectares in area, and have at least 76 metres of frontage on Deyos Road. The parcels need to be rezoned from RW to RU because the parcels will not be waterfront properties. Attachment 2 to this report is a draft by-law Natural, Vibrant and Growing – a Progressive Rural Leader 1

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REPORT TO COUNCIL DEVELOPMENT SERVICES

Department, Agency and Public Comments Public Services, the Building Department (Septic System Review), and Quinte Conservation were not circulated the rezoning application, as they had no objection to the approval of consent applications S-48-20-B, S-49-20-B and S-50-20-B when they reviewed them earlier this year. Under the Planning Act, a public meeting is required to be held to receive comments from citizens on the proposed rezoning. The province has provided direction that public meetings are able to be held virtually using technology such as Zoom to obtain public input on planning applications. The public meeting for application Z-21-15 will be a virtual public meeting. Further public comments may be provided through the virtual public meeting. Preliminary Planning Analysis Consideration for the Provincial Policy Statement, County of Frontenac Official Plan, Township of South Frontenac Official Plan, and Zoning By-law 2003-75, was taken in the decision to grant provisional approval to the consent applications. The zoning by-law amendment is consistent with the applicable policies on rural residential lot creation and development. The RU zone is applicable to rural properties that have frontage on a public road and that do not have water frontage. Further detail will be provided in a subsequent report to Council.

Prepared by: Anna Geladi, Planner Reviewed by: Claire Dodds, MCIP, RPP, Director of Development Services Approved by: Louise Fragnito, CAO Date of Site Visit: April 21, 2021 Attachments:

  1. Location Map
  2. Draft By-law 2021-XX

Natural, Vibrant and Growing – a Progressive Rural Leader 2

Attachment 1. Location Map - 56 Nighthawk Lane and Deyos Road

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Citations

1.8

0

0.92

WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.

1.8 Kilometers

Notes Z-21-15

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-## BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RESIDENTIAL WATERFRONT (RW) TO RURAL (RU) ON LANDS DESCRIBED AS 56 NIGHTHAWK LANE, PART LOT 1 AND 2, CONCESSION 2, DISTRICT OF BEDFORD, TOWNSHIP OF SOUTH FRONTENAC: QUESNEL 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; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.

THAT Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Residential Waterfront (RW) to Rural (RU) for the lands shown on Schedule “1”.

THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this ##th day of MONTH, 2021. Read a first and second time this ##th day of MONTH, 2021. Read a third time and finally passed this ##th day of MONTH, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

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Schedule 1 This is Schedule “1” to By-law No. 2021- XX.

Passed this ##th day of MONTH, 2021


Ron Vandewal, Mayor


Angela Maddocks, Clerk

Page 46 of 169

REPORT TO COUNCIL DEVELOPMENT SERVICES

Public Meeting Report – Zoning By-law Amendment Report Date:

August 11, 2021

Application No: Applicant: Location of Property: Purpose of Application:

Z-21-18 Corporation of the Township of South Frontenac 4057 Milburn Road, Storrington District Rezone from Quarry ‘B’ – Special Provision (QB-2) to Community Facility (CF) Date of Public Meeting: August 17, 2021 (Virtual Public Meeting)

Recommendation This report is for information only. Consistent with Council’s Procedural By-law, Council will receive comments from the public on application Z-21-18 and staff will bring a more detailed report considering public comments and making a recommendation to a future meeting. Proposal A municipally-initiated application was submitted to amend Zoning By-law No. 2003-75 to rezone a portion of the subject property from Quarry ‘B’ – Special Provision (QB-2) to Community Facility (CF). Background The subject property is located between Sunbury and Battersea. It has frontage on Milburn Road and Battersea Road, and surrounds the Sandhill Cemetery. The property is a licensed pit and quarry. The licensed area covers a portion of the lands to be rezoned Community Facility (CF) for the fire hall. The subject property is currently designated Mineral Aggregate in the Township of South Frontenac Official Plan. The property is currently zoned Quarry ‘B’ – Special Provision (QB-2). The QB-2 zone permits a quarry which produces greater than 20,000 tonnes per year, a pit, and related uses including processing of mineral aggregates (crushing, screening and washing). There is also a licensed quarry located on the privately owned property to the north. Storrington Public School is located north of that quarry. There is a third quarry, as well as a residential property, on the west side of Battersea Road. Approximately 1.5 hectares (3.7 acres) of the subject property is proposed to be rezoned to CF. These lands are in a greenfield condition, meaning they have not been subject to any quarry or pit operation, including stripping or stockpiling. The rezoning would facilitate using the lands for a municipal fire hall. The fire hall would be accessed from Battersea Road, north of the cemetery.

Natural, Vibrant and Growing – a Progressive Rural Leader 1

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REPORT TO COUNCIL DEVELOPMENT SERVICES

In February 2021, the Township requested the Ministry of Natural Resources and Forestry (MNRF) to allow a partial surrender of the Aggregate Resources Act licence and to amend the site plan on the Township-owned pit and quarry licence. The purpose of the amendment is to remove a portion of the subject lands (0.9 hectares) from the licence in order to facilitate a fire hall and any future easterly expansion of the cemetery. Attachment 1 to this report shows the location of the subject property relative to local landmarks. Attachment 2 is a landscape plan showing the conceptual layout of the site. The purpose of the conceptual landscape plan is to demonstrate that the proposed fire hall can meet the regulations of the CF zone. The final layout of the development is anticipated to be refined based on any comments received. Department and Agency Comments Comments from departments and agencies are summarized in this section. Public Services – By-law 2000-01 (“Roads By-law”) specifies that the minimum sight distance for entrances should be 230 metres on roads with an 80km/hr posted speed limit. On the subject property, the southbound site distances exceed 230 metres and the northbound sight distances are well below the minimum standard. The entrances shown on the conceptual Landscape Plan will need to be adjusted to more closely comply with the minimum sight distances specified in the Roads By-law. Mitigation measures, such as flashing beacons to warn of emergency vehicles entering the road and a reduced speed limit, may also need to be considered in this location. Staff will work together to ensure safe access is able to be achieved on the site. Building Services – The lands are capable of providing flexibility in siting a sewage disposal system. Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system; specific requirements for additional soil will need to be addressed prior to site development. Public Comments G. Tackaberry & Sons Construction Co. Ltd., the owner of the licenced quarries to the north and the west of the proposed fire hall location, contacted the Township to raise initial concerns about the potential impact of the proposed fire hall on their quarry operations (especially the one to the north) and vice versa. It is anticipated that detailed written comments will be provided to the Township following the public meeting. Under the Planning Act, a public meeting is required to be held to receive comments from citizens on the proposed rezoning. The public meeting for application Z-21-18 will be a virtual public meeting using Zoom and telephone. Further public comments may be provided through the virtual public meeting.

Natural, Vibrant and Growing – a Progressive Rural Leader 2

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REPORT TO COUNCIL DEVELOPMENT SERVICES

Preliminary Planning Analysis The proposed rezoning needs to be assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. There are two main policy themes that apply to the proposed rezoning. These themes are (1) sustaining communities by providing necessary public service facilities (e.g. fire hall), and (2) protecting mineral aggregate resources for long-term use. A detailed policy analysis will be provided in a subsequent report to Council following the public meeting. Public Uses Public uses, such as a fire hall, are permitted uses in the Mineral Aggregate designation provided that the site design and the design of any buildings and structures are in keeping with the character of the surrounding area (section 6.7 of Township Official Plan). Further to this, section 5.17.1 of the Zoning By-law would permit a public use in the QB-2 zone provided the use and any buildings comply with the regulations of the zone. The QB zone requires a minimum 30 metre setback from the road allowance, and a minimum 90 metre setback from any Community Facility (CF) zone or use (e.g. a cemetery). It also requires a minimum 15 metre wide strip of land between the QB zone and any adjacent community facility zone or use, and along adjacent streetlines. This strip of land is to be kept in an open space condition with grass, trees and shrubs. The required 90 metre setback from the CF zone or use (e.g. the cemetery) would exclude the subject lands from being used for the proposed use. The Township applied to have the subject lands rezoned to CF to accommodate a municipal fire hall. The Conceptual Landscape Plan demonstrates that the proposed fire hall would exceed all regulations of the CF zone, including minimum yards and parking space requirements. Considerations have been made in the design and layout of the fire hall on the site to ensure the use will be compatible with the adjacent cemetery and respectful of users of the cemetery. The proposal includes a sizeable landscaped buffer area between the boundaries of the fire hall and the cemetery. The emergency vehicle entrance and garage is proposed on the north side of the site, away from the cemetery. Sandhill Cemetery is owned and maintained by the Township. Township burial records clearly indicate that burials have only taken place south of the northerly lane that separates the cemetery from the subject lands. An archaeological assessment was not required in support of the rezoning application for this reason. The appropriate

Natural, Vibrant and Growing – a Progressive Rural Leader 3

Page 49 of 169

REPORT TO COUNCIL DEVELOPMENT SERVICES

authorities will need to be contacted if human remains and/or deeply buried archaeological remains are discovered during construction or site development. Attachment 3 to this report is a draft by-law. Summary A report with a recommendation will be brought to a future Council meeting. The report will include any department, agency and public comments, a response to those comments, and a detailed policy analysis.

Prepared by: Christine Woods, MCIP, RPP, Senior Planner Submitted/approved by: Claire Dodds, MCIP, RPP, Director of Development Services Approved by: Louise Fragnito, Acting CAO Date of Site Visit: July 28, 2021 Attachments:

  1. Location Map
  2. Conceptual Landscape Plan
  3. Draft By-law 2021-XX

Natural, Vibrant and Growing – a Progressive Rural Leader 4

Attachment 1. Location Map - 4057 Milburn Road

Legend Assessment Parcels Settlement Area Citations

1.8

0

0.92

WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.

1.8 Kilometers

Notes Z-21-18

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

Page 50 of 169

1: 36,112

PLANTING SCHEDULE Botanical Name

Symbol

Common Name

Size

Spacing

Condition

Planting Soil & Fertilizer as per specification

QTY.

PERENNIALS COMMON TIGER DAYLILY

2 YR

0.2 m

POT

180

Varies

HEMEROCALLIS ‘FULVA’

CTL

3" shredded bark mulch

DECIDUOUS SHRUBS ROD

CORNUS SERICEA

RED OSIER DOGWOOD

0.6 m

0.9 m

POT

3

CUR

RIBES AUREUM

FLOWERING CURRANT

0.6 m

1.1 m

POT

20

BET

BETULA PAPYRIFERA

PAPER BIRCH - M/S

1.5 m

B&B

21

MA

SORBUS AMERICANA

AMERICAN MOUNTAIN-ASH

3m

1

JUNIPERUS SABINA ‘CALGARY CARPET’

Cut & remove top 1/3 of burlap and cut open burlap at base and around the sides of the shrub just prior to placement w/o damaging root ball

Deciduous Shrub Planting

CONIFEROUS SHRUBS CAL

6" Saucer

6"

DECIDUOUS TREES

1’-4"

CALGARY CARPET JUNIPER

0.6 m

0.9 m

POT

17

Compacted sub grade (typ.)

Notes: Base data for this plan taken from the grading and site plan provided by the Township of South Frontenac.

This Plan is to be read in conjunction with Landscape Details & with all related Engineering and Architectural Site Plan Information. Make good any damages resulting from construction, areas not noted for modification

CONIFEROUS TREES WTP

PINUS STROBUS ‘Fastigiata’

WHITE PINE

1.8 m

B&B

9

SPR

PICEA GLAUCA

WHITE SPRUCE

1.8 m

B&B

6

General Landscaping Notes:

Provide a 6" thickness of approved bark mulch free of decomposed colloidal residue and roots over planting beds. Shredded material not to exceed 6" in length.

Install and support all plantings to ensure adequate growing conditions for the duration of the warranty period.

Maintain all plant materials from the time of planting until date of Final Completion Certificate.

148.00

36.8

6m

Provide a written guarantee stating that all plant materials are guaranteed against defects for a period of one (1) year from end of the first full growing season following installation. If at the end of the warranty period the leaf development and growth are not sufficient to ensure future survival, the guarantee period will be extended by one (1) full year.

4m

Planting beds to be 1’-6" deep, excavated below finished grade elevation. Filled with Friable, sand loam topsoil, free of subsoil, large roots, vegetation, debris, toxic materials, stones over 2" diameter and reasonable free of Rhizomes.

6

Quality & Source: Nursery grown, No.1 Grade Stock, complying with Canadian Standards For Nursery Stock, most recent edition of Canadian Nursery Trades Association referring to size and development of plant material and root ball. Measure plants when branches are in natural position. Height and spread dimensions refer to main body of plant and not from branch tip to branch tip.

Rock Quantity Symbol

R

12m

Drawing Legend:

Upland Meadow Seed Mix Native Priarie Meadow Mix (0SC #6672) New England Aster, Beach Eyed Susan, Common Milkweed, Spike Blazing Star, Wild Bergamot, Evening Primrose, & Little Bluestem

23.7 4m

Planting Soil & Fertilizer as per specification 147.00

Proposed New Fire Hall Building

FIRE HALL BUILDING

Staff Parking

Container or root ball

1’-4"

0m

6" Saucer

33.1

Varies

3" shredded bark mulch

4"

loosened sub grade soil (typ.)

36.22m

Bare Root Shrub/ Potted Shrub

NOTES

  1. DRAWINGS AND SPECIFICATIONS ARE PROVIDED AS AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RONALD A. AWDE ARCHITECT. ALL COPYRIGHT CONDITIONS ARE RESERVED BY THE ARCHITECT WITH RESPECT TO THESE DOCUMENTS. THESE DOCUMENTS SHALL NOT BE DUPLICATED OR USED FOR OTHER THAN THE PURPOSE FOR WHICH THEY WERE ISSUED.

S

GA

S

GA

S

S

GA

GA

S

S

GA

GA

S

  1. THE CONTRACTOR WILL VERIFY ALL DIMENSIONS FOR THE WORK AND SHALL REPORT ANY DISCREPANCIES TO THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK.

S

GA

S GA

GA S GA

GA

GA S

146.00

S

GAS

GAS

  1. DRAWINGS ARE NOT TO BE SCALED FOR CONSTRUCTION PURPOSES.
  2. THE ARCHITECT IS NOT RESPONSIBLE FOR THE ACCURACY OF SURVEY, STRUCTURAL, MECHANICAL, ELECTRICAL, ETC. INFORMATION SHOWN ON THIS DRAWING. REFER TO THE APPROPRIATE CONSULTANT’S DRAWINGS BEFORE PROCEEDING WITH THE WORK.

Do not install any tree with a damaged or deformed leader without prior consent of the architect, remove all nursey tags

  1. CONSTRUCTION MUST CONFORM TO ALL APPLICABLE CODES AND REQUIREMENTS OF AUTHORITIES HAVING JURISDICTION.
  2. THE CONTRACTOR WORKING FROM DRAWINGS NOT SPECIFICALLY MARKED “FOR CONSTRUCTION” MUST ASSUME FULL RESPONSIBILITY AND BEAR COSTS FOR ANY CORRECTIONS OR DAMAGES RESULTING FROM THIS WORK.

Steel ‘T’ bar with #11 gauge galvanized wire encased in 1" rubber hose with turnbuckle D EL

6" Tree Saucer

Varies

Scarify pit wall Planting Soil & Fertilizer as per specs.

g

C

I PT

FI

  1. NO CHANGES SHALL BE MADE TO THE WORK DESCRIBED IN THESE DRAWINGS OR SPECIFICATIONS WITHOUT THE EXPRESS WRITTEN AUTHORIZATION OF THE ARCHITECT.

SE ng rki

f

er Ov

low

Pa

39.42m

Cut & remove top 1/3 of burlap cut open burlap just prior to placement in at least two locations per section without damaging root ball

6"

ng rki

a

fP

af St

Pa

1’-4"

145.00

rkin

3" shredded bark mulch

Vis itor

5’-0" min

Wrap trunk with approved burlap from top of ball to top of second branch

Compact sub grade and plant on raised pit centre

PROJECT

Deciduous Tree Planting

Fire Station No. 8 New Construction

Do not install any tree with a damaged or deformed leader without prior consent of the architect, remove all nursey tags

7.1 7.0

2017-10-10 2017-09-14

RFI # 030 RFI # 014

Steel ‘T’ bar with #11 gauge galvanized wire encased with rubber garden hose @ point of contact with tree c/w 2"x2" langer tightener or approved equivalent

5’-0" min

Coniferous Tree shall bear same relation to fin. grade as previous of planting

1.0 2021-07-20 Design Review MARK DATE ISSUE

3" shredded bark mulch 1’-4"

6" Tree Saucer

6"

Varies

Scarify pit wall Cut & remove top 1/3 of burlap and cut open burlap in at least two locations per section at bottom and side of root ball just prior to placement without damaging root ball Compact sub grade and plant on raised pit centre

Existing tree (typ.)

SHEET TITLE

Landscape Plan & Details

DRAWING NO.

L101

Page 51 of 169

Coniferous Tree Planting

Planting Soil & Fertilizer as per specification

146.00

PROJECT NO: 2021-11 DRAWN BY: C.C. CHK’D BY: R.A.

Page 52 of 169

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-## BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM QUARRY ‘B’ – SPECIAL PROVISION (QB-2) TO COMMUNITY FACILITY (CF) ON LANDS DESCRIBED AS 4057 MILBURN ROAD, PART OF LOT 5, CONCESSION 8, PART 2 ON 13R5326, GEOGRAPHIC TOWNSHIP OF PITTSBURGH, DISTRICT OF STORRINGTON: CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC 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; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.

THAT Schedule “C”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Quarry ‘B’ – Special Provision (QB-2) to Community Facility (CF) for the lands shown on Schedule “1”.

THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this ##th day of MONTH, 2021. Read a first and second time this ##th day of MONTH, 2021. Read a third time and finally passed this ##th day of MONTH, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

Page 53 of 169

Schedule 1 This is Schedule “1” to By-law No. 2021- XX.

Passed this ##th day of MONTH, 2021


Ron Vandewal, Mayor


Angela Maddocks, Clerk

Page 54 of 169

Page 55 of 169

G. TACKABERRY & SONS CONSTRUCTION COMPANY LIMITED


TEL. (613) 924-2634 FAX (613) 924-2742

Established 1957

P.O. Box 70 . 109 Washburn Road Athens . Ontario . K0E 1B0

August 17, 2021

Claire Dodds Director of Development Service Township of South Frontenac 4432 George Street, Box 100 Sydenham, Ontario K0H 2T0 Subject:

File No. Z-21-18 - Application for rezoning of 3.7 acres from Quarry ‘B’ to Community Facility at 4057 Milburn Road, Storrington District

Ms. Dodds, G. Tackaberry and Sons Construction Company Limited (Tackaberry) was recently provided the application for the above rezoning application from your office. Following a review of the information, a site visit with yourself and other Township personnel and members of Tackaberry was completed on August 13, 2021 to discuss Tackaberry’s existing quarries in relation to the proposed rezoning. Tackaberry is the owner and operator of two licensed quarries within 100 meters of the subject property, Battersea Quarry – ARA licence # 3134 and Gilbert Quarry - ARA Licence # 2994. During the site visit a number of issues were discussed including the Townships responsibility to protect aggregate material from sterilization through the establishment of not compatible land uses. Tackaberry feels that the current quarry operations and the proposed rezoning and fire hall construction are compatible, provided that the Township issue a letter signed by the CAO and the Director of Development Services acknowledging Tackaberry’s operations and ensures they will not be adversely impacted by the establishment of the fire hall in the future. Tackaberry requires said letter to acknowledge the existence of the two quarries and that extraction from both will occur within 90 meters of the subject property; that operations on both

Page 56 of 169

sites will include the blasting, crushing/processing and hauling of aggregate material that may produce vibration, noise and dust perceivable at the fire hall location. In addition, Tackaberry requires that the Township recognize the forthcoming application to increase the extraction area of Gilbert Quarry through a major amendment application to the Ministry of Northern Development, Mines, Natural Resources and Forestry that will see the extraction area increased to the existing licence limits with standard ARA setbacks. Finally, Tackaberry requires details related to the use of this site as discussed at the site meeting be included in the letter, including that no permanent offices or staff will be located at the site, no programming or community events will be held at the location during quarry operation hours, and that the existing quarries will not be subject to sensitive receptor policies under the Townships Official Plan or Zoning By-Law. Given the proximity of the two quarries to the subject lands it is important to note that this location and structure will experience vibration and overpressure as a result of blasting. While these effects will be within the Ministry of Environment, Conservation and Parks (MECP) regulations, it is important that during the construction of the fire hall Tackaberry be advised of construction scheduling and activities that could be affect by blasting. Tackaberry completes a notification of blasting on each day blasting is to occur and will include the Township in this process. Is summary, Tackaberry does not object to the rezoning and construction of the proposed fire hall on the subject lands with receipt and acceptance of the above noted letter by Tackaberry’s legal and planning consultants. Tackaberry takes pride in their status as an astute corporate citizen and good neighbor and respects the Township’s intentions and asks that the same courtesy be afforded to them in the future.

Best Regards.

Benjamin C. Dopson (MEP, EP, A.Ag) Property/Environmental Coordinator G. Tackaberry & Sons Construction Company Limited

Page 57 of 169 Minutes of Council June, 15, 2021 Time: 7:00 PM Location: Electronic Participation/Council Chambers

Meeting # 22 Council (Present in Council Chambers): Mayor Ron Vandewal, Pat Barr, Ray Leonard, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff (Present in Council Chambers): Neil Carbone - Chief Administrative Officer, Angela Maddocks - Clerk, Jamie Brash - Manager of Facilities and Solid Waste, Claire Dodds - Director of Development Services, Troy Dunlop - Manager of Technical Services and Infrastructure, Louise Fragnito, - Director of Corporate Services and Treasurer, Darcy Knott - Director of Fire and Emergency Servcies Staff (Present via Electronic Participation): Anna Geladi - Planner, Christine Woods Senior Planner

Call to Order and Roll Call

a)

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

b)

Resolution Resolution No. 2021-22-01 Moved by Councillor Roberts Seconded by Councillor Leonard That the Council meeting of June 15, 2021 be called to order at 7:00 p.m. Carried

Declaration of pecuniary interest and the general nature thereof

a)

Councillor Leonard declared a pecuniary interest with respect to Agenda Item 12 a) Accounts Payable and Payroll Listing

b)

Councillor Sleeth declared a pecuniary interest with respect to Agenda Item 6 b) Public Meeting on Zoning By-law Amendment Z-21-05.

Approval of Agenda

a)

Resolution Resolution No. 2021-22-02 Moved by Councillor Sutherland Seconded by Deputy Mayor Barr That Council suspend the rules of the Procedural By-law 2017-76 to allow for delegations prior to the public meeting portion and approve the agenda as presented. Carried

Scheduled Closed Session - not applicable

Page 58 of 169 Minutes of Council June, 15, 2021 5.

Delegations

a)

Allan and Partners - Audit Findings Report for the Year Ended December 31, 2020 Howard Allan attended the meeting “virtually” and presented the audit findings for 2020. Resolution No. 2021-22-03 Moved by Councillor Ruttan Seconded by Councillor Revill That the 2020 Audit Financial Statement be accepted as presented. Carried

Public Meeting

a)

Resolution - Open Public Meeting and Statement The Clerk provided direction on how to make oral or written submissions on the Zoning By-law Amendments being heard, how to request notification of the decision and the process to appeal the decision of council and the manner in which to file the appeal. Resolution No. 2021-22-04 Moved by Councillor Revill Seconded by Councillor Ruttan That a public meeting be held to allow for input on planning matters related to Zoning By-law Amendments, Z-21-05 - 5056 Battersea Road (Catherine Reynolds) and Z-21-07 - 1127 Cliffside Drive (Scott and Dulande Joaquin). Carried

b)

Z-21-05 - Zoning By-law Amendment - 5056 Battersea Road (Storrington) Councillor Sleeth left the Council Chambers during this public meeting and discussions on this application. Christine Woods, Senior Planner presented the report. The subject property is located within the Battersea Settlement Area, and has frontage on Battersea Road. The lands are developed with a single detached dwelling and a barn. The lands are currently zoned Urban Residential First Density (UR1). The subject lands are subject to consent application S-08-20-S to create one residential lot. Provisional approval of the consent application was granted subject to conditions by the Committee of Adjustment on November 12, 2020. Conditions 9 and 10 require these lands to be rezoned. The new residential lot (severed parcel) consists of approximately 0.8 hectares (2 acres) of land with 61 metres of frontage on Battersea Road. The dwelling and barn are located on the severed parcel. The zone on the severed parcel needs to be changed to a UR1 Special Provision to recognize that the parcel would have less than the required minimum 76 metres of frontage on Battersea Road. The retained parcel consists of approximately 12.7 hectares (31.5 acres) of vacant land with 20 metres of frontage on Battersea Road. The lands consist primarily of farmland and forest. The retained parcel is intended to be used to assemble lands for future development. The zone on the retained parcel needs to be changed to UR1 Special Provision to recognize that the parcel would have less than the required minimum 76 metres of frontage on Battersea Road. The frontage of the retained parcel is sufficient to accommodate a future road that can provide access to the retained lands and has the potential to connect to other lands proposed for development in this area of Battersea. A future road would be required to be established via a plan

Page 2 of 13

Page 59 of 169 Minutes of Council June, 15, 2021 of subdivision. A holding symbol must be placed on the zone in order to prohibit any building or development until such time as a subdivision agreement is entered between the owner of the lands and South Frontenac Council. Ms. Woods reported that the Building Department (Sewage System Review), Public Services Department and Cataraqui Conservation because they all had no objection to the consent application and therefore were not circulated the Zoning By-law Amendment application. Verbal comments were received from Chris Chesbro, 5088 Battersea Road. He does not have any objection to the severance but does not support a proposal for a future subdivision on the retained parcel. With respect to the policy framework that this application was assessed against, the proposal is consistent with the 2020 PPS. Specifically, section 1.1.3 which indicates that appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form in settlement areas, while avoiding or mitigating risks to public health and safety. The proposal is consistent with the direction of the County Official Plan. The Township of South Frontenac Official Plan intends for a majority of new growth to be directed to existing settlement areas where it can be supported by appropriate servicing. The reduced road frontage for the severed parcel is appropriate as the parcel is located in a settlement area where growth is encouraged, and is in keeping with the character of Battersea. A 20 metre road frontage is appropriate for the retained parcel given the intent for this frontage to become a road that would be developed through a future plan of subdivision. The Township requires a standard 20 metre wide road allowance, as per the Road and Lane Standard Cross-Section Policy. Any future lot creation from the retained parcel must occur by plan of subdivision to ensure the orderly development of the land. The purpose of the Holding (H) symbol is to prohibit building or development on the retained parcel until such time as a subdivision agreement between the property owner and the Township has been executed and registered on title. Councillor Sutherland clarified that there are no buildings on the retained portion and questioned the holding symbol when it is placed in the zoning and if it clearly state what the holding provision is for. Christine Woods confirmed that the “H” holding symbol is to prohibit building and development until there is an application for a plan of subdivision and what is required to remove this provision. This provision assists with avoiding past situations where an owner would obtain a building permit before the approval process was completed. Councillor Morey referred to the map and noted that this parcel appears to go all the way to Sands Road. He wondered if the zoning follows the entire parcel of UR1 zone. Ms. Woods clarified that this property does not go all the way to Sands road, it only touches onto properties that front on Sands Road. Gary Beach, the agent, was on the line and offered to answer any questions that Council may have. There were no other comments from the public. At this time Councillor Sleeth returned to the Council Chambers. c)

Z-21-07 - Zoning By-law Amendment - 1127 Cliffside Drive (Loughborough)

Page 3 of 13

Page 60 of 169 Minutes of Council June, 15, 2021 Christine Woods, Senior Planner, presented this application and indicated that the subject property is 0.7 hectares (1.74 acres) in area. The lands are developed with a single detached dwelling and two small sheds. The existing sewage system is located near the dwelling, between the dwelling and Cliffside Drive. The lands consist of lawn with wooded areas to the south and north. The Owner proposes to establish an additional residential unit in an ancillary (accessory, detached) building for a family member. The approximately 887 square foot ancillary building would be located to the south of the existing dwelling, between the dwelling and Cliffside Drive. It would be setback approximately 25 metres from the front lot line (Cliffside Drive). The ancillary building would be located approximately 6 metres from the southern property line. The dwelling and the additional residential unit in an ancillary building would share the existing driveway, well and hydro connection. The additional dwelling unit would have its own sewage system, south of the building, due to the building’s location relative to the existing sewage system and the cost associated with upgrading the existing system. The submitted sketch showed an alternative location for the ancillary building on the north side of the dwelling. The Owner has requested a zoning by-law amendment to change the Rural (RU) zone on the subject lands to Rural – Special Provision (RU-XX). The special provision is requested to permit an additional dwelling unit in an ancillary building on the property and in the front yard. Comments have been received from Xavier and Eathamma Parayankuzhiyil (1110 Cliffside Drive) who expressed objection to the rezoning for three reasons. First, that it would set a precedent for other properties on the street which could lead to changing the population density of the area. Second, allowing an additional residential unit compromises the consistency and desirability of the neighbourhood and could negatively affect property values. And third, they noted the area may not be suitable for an additional septic system as the property is prone to surface flooding in the spring. They suggested that a granny suite attached to the dwelling is a more suitable solution. Ms. Woods reported that the Planning Act was amended in September 2019 by Bill 108 to permit additional residential units on a property which contains a detached house, semi-detached house or rowhouse. A second residential unit may be permitted within these structures, and an additional residential unit may be permitted in a building or structure ancillary to the house on the same property. This amendment to the Planning Act, once implemented in an official plan and zoning by-law, supports the accommodation of affordable housing in local municipalities. She further explained that the Township Official Plan does not provide specific direction on how many dwellings or dwelling units may be permitted on a property. In this situation, one must look to the Planning Act and the Provincial Policy Statement for direction. As indicated above, the accommodation of affordable housing through additional residential units is required under the provisions of the Planning Act. In the absence of Official Plan policies, the Township looks to the information published by the Province in the Second Unit Info Sheet (Ministry of Municipal Affairs, Spring 2017) and to recent amendments to the Planning Act. The Info Sheet describes what an additional residential unit is, and provides considerations for where it may be appropriate to permit these units. These considerations include locations that are not prone to flooding or other natural hazards, locations on roads that are maintained year-round and accessible by Emergency Services, as well as demonstrating that on-site water and sewage services have sufficient capacity for the additional dwelling unit. Ensuring residential uses are not located in areas that are prone to flooding is an important consideration. Based on the observations of seasonal flooding raised by members of the public, and a further review of aerial photography, Planning staff will consult further with the Public Services and Building Services to determine whether the proposed location for the additional dwelling unit and the required sewage system is appropriate for the proposed use. There is an

Page 4 of 13

Page 61 of 169 Minutes of Council June, 15, 2021 identified alternative location for the ancillary building on the north side of the dwelling. Planning staff are not supportive of the alternative location as it is not in proximity to the actively used portion of the property. The alternative location is not practical nor accessible given its distance from the existing driveway (approximately 30 metres) and the need to cross the existing sewage system. The land also appears to be a low-lying area. The proposed placement of the additional dwelling unit in an ancillary building on the south side of the property within the front yard is contrary to the Zoning By-law, which requires accessory buildings to be located behind the principal building. However, this appears to be the most appropriate location on the property, barring any flooding hazards. If appropriate, a site-specific zone permitting an additional dwelling unit in an ancillary building on the property would also permit the building’s location in the front yard. Staff recommend that this property be subject to site plan control to regulate the specific placement of the ancillary building on the property. Site plan control may also help to address concerns raised by members of the public. For example, by requiring vegetation to be maintained or established between the front lot line and the sewage system to provide visual screening from the road, and regulating the design and placement of the ancillary building. Site plan control would be required as the Planning Act does not permit conditions to be attached to a decision on a zoning by-law amendment application. Township of South Frontenac Site Plan Control By-law No. 200325 may be applied to the subject property, as it contains lands within 300 metres of a Sensitive Lake Trout Lake. Ms. Woods addressed the preliminary policy framework but noted that she has not made a recommendation. Councillor Revill asked if there is any opportunity to limit the use of ancillary buildings to prohibit short term rentals. Ms. Woods explained that the Zoning By-law can specify what the use is but zoning cannot regulate who lives in the building or the type or the tenure that they have. (family member living there for free or someone paying to live there) She acknowledges the concern about short term rentals and she indicated this matter will be looked into as part to of the Official Plan update. Councillor Sutherland appreciated the drainage issue being acknowledged. He also suggested that the township needs to require a site for a secondary septic system site. Ms. Woods explained that Development Services staff would typically look at shared systems such as a well, a driveway and the septic system but that there is not always space to allow for all these considerations. She further explained that only in a plan of subdivision or condominium is there a requirement to have two spaces allocated for a primary and alternate site. Councillor Sutherland suggested the requirement for an additional/alternate system be considered when during the Official Plan review. He noted that he is generally supportive of this type of additional dwelling units as a way to create affordable and diverse housing. With respect to the AirbNb issue, Councillor Sutherland felt this is becoming more of an issue on our lakes and in the community and it should be addressed sooner than later. Councillor Morey asked why the applicant had not explored the option of a granny suite had not been considered or explored. He also noted that the proposal for site (b) is in the back and near the existing well and wondered about potential problems for the future. Ms. Woods responded that there are no regulations that specify where exactly or how close a driveway can be to a well. She noted that the well is located within the fenced area behind the house and it is her understanding that the applicant wishes to reduce the fenced area so that the driveway would go around the outside of the fenced area and be a distance from the well. Ms.

Page 5 of 13

Page 62 of 169 Minutes of Council June, 15, 2021 Woods suggested that the applicants confirm why they are proposing an ancillary building as opposed to a granny suite. Mayor Vandewal stated that his preference would be a granny suite as it creates less issues with the short term rental aspect. He recognized it may require an update to the septic system but would be more beneficial than having to find space for a secondary site. He noted that a sketch indicating site (a) for the septic system would have been helpful. He questioned the top of slope and the potential run off towards the lake. Ms. Woods responded that whether or not it is a granny suite or a separate building, the applicants will need to upgrade their sewage system. This property is not a waterfront property so the potential run off would not be a concern. The rezoning process will permit a building in the front yard. Mayor Vandewal appreciated the clarification and was not as concerned about his previous comments. Councillor Ruttan referred to communal systems and felt that two septic systems on one lot was contradictory. Are they putting in another system or upgrading the existing? He was concerned about multiple sewage systems on one small piece of land. Ms. Woods noted that site (a) would have required a separate system as the applicant thought this would be needed, however the Chief Building Official has indicated that this location is not suitable which means the option for the applicant is to find another location or to connect to the existing. It is known that the existing would not be sized properly for an additional dwelling and Ms. Woods indicated that In all likelihood there would only be one system. Councillor Ruttan asked if there is no requirement to have a proposed secondary site for septic system. Ms. Woods noted that they a have seen a number of applications recently to allow additional dwelling units in fairly rural areas. Applications for additional dwelling in a settlement area where lots are smaller, are required to demonstrate they have sufficient sewage system capacity or the area to add or to replace a septic system. Servicing is always a consideration regardless of where the property is in the township. Scott Joaquin, the applicant, noted that the application is being made to allow for his father-in- law to live closer but to also allow for his independence and having a stand alone meets that need. With regard to the septic system proposed locations, both sites were reviewed and site (a) soil was too shallow. Site (b) would allow for connecting to the existing site with upgrades to it. Cam Munroe, commented in the “chat” portal of the zoom meeting that this area floods regularly in the spring and it makes no sense to create a new structure as a granny suite and there should not be two septic systems on the same lot. Greg Millard, owner of the house to the north of the proposal, stated that if proposal site (b) is being put forward this would be in his backyard and he is not necessarily in favour. He noted the changes in Ontario Regulations and the ability to allow additional dwellings. Mayor Vandewal agreed that it was somewhat confusing that there are two options presented. He noted this would have to come back to Council with specific details. Judy and John Myers were connected virtually but had not comments.

Page 6 of 13

Page 63 of 169 Minutes of Council June, 15, 2021 Xavier and Eathamma Parayankuzhiyil provided written concerns about setting a precedent for other properties on the street which could lead to changing the population density in the area. They felt that allowing an additional residential unit compromises the consistency and desirability of the neighbourhood and could negatively affect property values. They felt the area may not be suitable for an additional septic system as the property is prone to surface flooding in the spring. They suggested that a granny suite attached to the dwelling is a more suitable solution. Xavier Parayankuzhiyil reiterated his concern about this becoming a rental unit in the future. Christine Woods indicated that these concerns were also expressed by others and in addition they expressed concerns about the additional dwelling being used for short term rentals. Based on the comments received about flooding, Public Services and Building Services staff have had additional conversations about this proposal. Public Services staff have confirmed that there are drainage issues. Building Services staff have assessed the location for the sewage system and have indicated that the location is not appropriate due to shallow soil depth and they recommended an alternative site. d)

Resolution - Close Public Meeting Resolution No. 2021-22-05 Moved by Councillor Leonard Seconded by Councillor Roberts That having provided an opportunity for input, the public meeting be closed. Carried

Approval of Minutes - none

Business Arising from the Minutes - not applicable

Reports Requiring Action

a)

Official Plan Road Map & Engagement Claire Dodds, Director of Development Services and Monica Belliveau, Dillon Consulting presented the proposed engagement road map. Resolution No. 2021-22-06 Moved by Councillor Ruttan Seconded by Councillor Sleeth That Council endorse the Official Plan Road Map, Stakeholder Engagement and Consultation Strategy, and the Indigenous Engagement Strategy prepared by Dillon Consulting, dated June 9, 2021. Carried

b)

Request for Conservation Authority Review of Ministerial Zoning Order Applications Resolution No. 2021-22-07 Moved by Councillor Sutherland Seconded by Deputy Mayor Barr That Council endorse the following resolution: That prior to tabling requests to endorse a Ministerial Zoning Order which affects lands regulated under Section 28 of the Conservation Authorities Act, municipal staff shall: •Notify the Conservation Authority of the request; •Provide a copy of the request to the Conservation Authority;

Page 7 of 13

Page 64 of 169 Minutes of Council June, 15, 2021 •Request the conservation authority provide comments to the municipality regarding any issues or concerns related to natural hazards or natural heritage; and; •Request the Conservation Authority to delineate the extent of the regulated land on the site such that the development project can be directed outside of any regulated features. And direct the Clerk to notify Quinte Conservation, Rideau Valley Conservation Authority and Cataraqui Conservation Authority of the passing of this resolution. Carried c)

Resurfacing of Verona/McMullen Netsport Courts Resolution No. 2021-22-08 Moved by Councillor Leonard Seconded by Councillor Morey That Council authorize the cancellation of Capital project 21-21 being the Resurfacing of the McMullen Park Netsports Courts, and reconsider the project in 2022 in the context of the Recreation, Parks and Leisure Master Plan Carried

d)

Support for application to the Canadian Health Communities Initiative funding for Multi Use Facility roof construction Resolution No. 2021-22-09 Moved by Councillor Morey Seconded by Councillor Sleeth That Council approve staff to submit a grant application to the federal infrastructure fund – Canada Healthy Communities Initiative (CHCI) – in the amount of $250,000 to construct a roof on the Multi-Use Facility at Centennial Park in Harrowsmith. Carried

e)

Tender # PS-2021-23- Stafford Lane Culvert Rehabilitation Resolution No. 2021-22-10 Moved by Councillor Roberts Seconded by Councillor Sleeth That Council accept the bid from Crains Construction Ltd. in the amount of $289,027.40 (Including Non-Refundable HST) for the Stafford Lane culvert rehabilitation project; And That Council award the third stage of the engineering assignment with Ainley Group for contract administration services at the bid rate of $2,800 per week (RFP PW-P02-2019); and That the estimated budget shortfall of $64,211.84 be funded from the Asset Investment Reserve. Carried

f)

Fire Hall Supplemental Report Councillor Sutherland proposed an amendment to the original motion. See Resolution 2021-22-12. Resolution No. 2021-22-11 Moved by Councillor Ruttan Seconded by Councillor Revill

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Page 65 of 169 Minutes of Council June, 15, 2021 That Council support the use of an air-source heat pump with electric backup for the office portion of the new Station 8 Fire Hall and maintain the use of a highefficiency propane boiler system for the remainder of the heating requirements; and, That Council support further investigation of a net-metering solar option concurrent to the construction of Station 8; and That Council direct staff to continue to assess alternatives for possible implementation provided it does not delay the design or tendering process for the new Station 8 Fire Hall.

Resolution No. 2021-22-12 Moved by Councillor Sutherland Seconded by Councillor Morey Amendment (after the first paragraph the following be included) That Council supports the construction of a minimum 10 kilowatt per hour netmetered solar power installation on the Station 8 firehall site and; Carried Resolution No. 2021-22-13 Moved by Councillor Ruttan Seconded by Councillor Revill That Council support the use of an air-source heat pump with electric backup for the office portion of the new Station 8 Fire Hall and maintain the use of a highefficiency propane boiler system for the remainder of the heating requirements; and That Council supports the construction of a minimum 10 kilowatt per hour netmetered solar power installation on the Station 8 firehall site and; That Council support further investigation of a net-metering solar option concurrent to the construction of Station 8; and That Council direct staff to continue to assess alternatives for possible implementation provided it does not delay the design or tendering process for the new Station 8 Fire Hall. Carried - as amended g)

Community Safety and Wellbeing Plan Resolution No. 2021-22-14 Moved by Councillor Sleeth Seconded by Councillor Morey That South Frontenac Council adopts the joint Community Safety and Well Being Plan for the Townships of Central Frontenac, North Frontenac, South Frontenac and Frontenac Islands; and, That Council directs the Clerk to post a copy on the Township’s website and have a copy available in the Township office within 30 days of this approval. Carried

h)

CAO Performance Evaluation Committee Resolution No. 2021-22-15 Moved by Deputy Mayor Barr Seconded by Councillor Morey

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Page 66 of 169 Minutes of Council June, 15, 2021 That Council appoints Mayor Vandewal, Councillor Roberts and Councillor Leonard to a CAO performance review committee for 2021. Carried i)

2020 Project Closures Resolution No. 2021-22-16 Moved by Councillor Sleeth Seconded by Councillor Morey That Council approve the cancellation/closure of projects as listed in the staff report. Carried

j)

Zoning By-law Amendment Z-21-03 - 4826 North Shore Road - Kapler/LuceKapler See By-law 2021-33

k)

Heritage Designation: 3981 Harrowsmith Road - The Stewart House See By-law 2021-34 also. Resolution No. 2021-22-17 Moved by Deputy Mayor Barr Seconded by Councillor Sutherland That Council receive the Statement of Cultural Heritage Value and Designation of Heritage Attributes for 3981 Harrowsmith Road - The Stewart House, and that this Statement be used as the basis for staff to prepare the Notice of Designation and Designation by-law for the property; and That Council approve a by-law designating 3981 Harrowsmith Road under Part IV of the Ontario Heritage Act and That Council direct staff to serve a Notice of Designation for the property located at 3981 Harrowsmith Road being called The Stewart House, as a property of cultural heritage value or interest pursuant to Part IV of the Ontario Heritage Act, R.S.O. 1990, c. O.18,; and carry out the requirements as prescribed under Section 29(6) of the Ontario Heritage Act. Carried

l)

Communal Services - Approval to Conduct Business Case Resolution No. 2021-22-18 Moved by Councillor Ruttan Seconded by Councillor Revill That Council endorse the recommendations of the Communal Service Governance/Operations Committee to create a Municipal Service Corporation (MSC) to manage communal service development across the Frontenac’s, with initial municipal ownership based on a weighted assessment model; and, That Council agree to participate in the next step in the Communal Services initiative being the development of a business case based on the recommendations of the WSP report. Carried

Committee Meeting Minutes

a)

Lakes and Trails Committee Meeting held June 7, 2021 Resolution No. 2021-22-19 Moved by Councillor Ruttan Seconded by Councillor Revill

Page 10 of 13

Page 67 of 169 Minutes of Council June, 15, 2021 That Council receives for information the minutes of the Lakes and Trails Committee meeting held June 7, 2021. Carried 11.

By-laws

a)

First and Second Readings of By-laws Resolution No. 2021-22-20 Moved by Councillor Leonard Seconded by Councillor Roberts That By-law 2021-33 and By-law 2021-34 be given first and second reading. Carried

b)

By-law 2021-33 - Rezone Concession 6, Part Lot 21, Loughborough (Kapler and Luce-Kapler) - Third Reading Resolution No. 2021-22-21 Moved by Councillor Sutherland Seconded by Councillor Ruttan That By-law 2012-33, being a by-law to amend By-law 2003-75, as amended, to rezone land from (RLSW) to RLSW - Special provision (RLSW-59) and Waterfront Residential, Concession 6, Part Lot 21, Loughborough, be given third reading signed and sealed. Carried

c)

By-law 2021-34 - Designate Stewart House to be of Cultural Heritage Value and Interest - Third Reading Resolution No. 2021-22-22 Moved by Councillor Leonard Seconded by Councillor Morey That By-law 2021-34, being a by-law to designate the Stewart House at 3981 Harrowsmith Road to be of Cultural Heritage Value and Interest pursuant to the Provisions of the Ontario Heritage Act (R.S.O. 1990 c. 0.18) be given third reading, signed and sealed. Carried

Reports for Information

a)

Accounts Payable and Payroll Listing

b)

27th Annual Battersea Bumpkin Festival

c)

2021 New Funding

Information Items

a)

Thank you from the “Save the Bellrock Mill Committee”

b)

County of Frontenac - Destination Steering Committee Invitation

Notice of Motions

a)

Mayor Vandewal served two notices of motion. The first one is with amending the parking by-law to include restricting the parking of vehicles along roads with no shoulders. The second one is an environmental assessment for the Wilton Road and Yarker Road intersection to determine whether a four way stop or a round-about would be best suited for this intersection.

Page 11 of 13

Page 68 of 169 Minutes of Council June, 15, 2021 15.

Announcements/Statements by Councillors

a)

Councillor Sutherland referenced the pesticide spraying program and noted that organic farmers have requested not to have the road allowances next to their property sprayed. Jamie Brash asked for a listing of the organic farms that would be affected and confirm that the spraying takes place where there are guardrails.

b)

Councillor Ruttan asked about deep ditching along Perth Road and installation of guard rails. He inquired about this being the “standard” going forward. Neil Carbone responded that the guard rails are required in this area based on engineering standards. There had been a vehicle that went off the road. Moving forward with capital projects there will be more consideration for drainage and ditching implications. He cautioned Council on the intent for this portion of the announcements and encouraged Council to contact staff in advance for clarity on any matter.

c)

The CAO provided an update on vacancies in the Public Services Department and the recruitment process. The Director of Public Services position is posted and open for recruitment and interviews have been conducted for the “Construction and Technical Services Supervisor” position.

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

a)

There were no members of the public still connected virtually at this time.

Closed Session - not applicable

Confirmatory By-law

a)

By-law 2021-35 Resolution No. 2021-22-23 Moved by Councillor Revill Seconded by Councillor Ruttan That By-law 2021-35, being a by-law to confirm generally all actions and proceedings of the Council of the Corporation of the Township of South Frontenac be given first and second reading. Carried Resolution No. 2021-22-24 Moved by Councillor Sutherland Seconded by Deputy Mayor Barr That By-law 2021-35, being a by-law to confirm generally all actions and proceedings of the Council of the Corporation of the Township of South Frontenac, be given first and second reading this 15 day of June 2021. Carried

Adjournment

a)

Resolution Resolution No. 2021-22-25 Moved by Councillor Roberts Seconded by Councillor Leonard That the Council meeting of June 15, 2021 be adjourned at 9:20 p.m. Carried

Page 12 of 13

Page 69 of 169 Minutes of Council June, 15, 2021

Ron Vandewal, Mayor

Angela Maddocks, Clerk

Page 13 of 13

Page 70 of 169

Minutes of Committee of the Whole June 17, 2021

Meeting #23 Time: 9:00 am Location: Council Chambers/Public Electronic Participation Council (Present in Council Chambers): Deputy Mayor Barr, Councillor Ray Leonard, Councillor Doug Morey, Councillor Alan Revill, Councillor Norm Roberts, Councillor Randy Ruttan, Councillor Ron Sleeth, Councillor Ross Sutherland, Mayor Ron Vandewal. Staff (Present in Council Chambers): Neil Carbone - Chief Administrative Officer, Angela Maddocks - Clerk, Jamie Brash - Manager of Facilities and Waste, Claire Dodds - Director of Development Services, Darcy Knott - Director of Fire and Emergency Services/Fire Chief, Brian Kirk - Manager of Fleet and Operations, Louise Fragnito - Director of Corporate Services, Troy Dunlop - Manager of Technical Services and Infrastructure, Tim Laprade - Manager of Recreation and Arena, Emily Caird Executive Assistant and Communications Officer, 1.

Call to Order and Roll Call

a)

Motion The Clerk conducted the roll call as outlined in the attendance noted above. Moved by Councillor Roberts Seconded by Councillor Leonard That the Special Committee of the Whole meeting of June 17, 2021 be called to order at 9:02 a.m. Carried

Declaration of pecuniary interest and the general nature thereof

a)

There were no declaration of pecuniary interest reported.

Approval of Agenda

a)

Motion Moved by Councillor Sleeth Seconded by Councillor Morey That the agenda for the Special Committee of the Whole meeting of June 17, 2021 be approved. Carried

Reports Requiring Direction

a)

Strategic Plan Review - Facilitated Session with the CAO The Chair then turned the floor over to the CAO for the duration of the Strategic Plan Review and facilitated session.

Page 71 of 169 Committee of the Whole June 17, 2021 The CAO provided an overview of how the 2019-2022 Strategic Plan was developed, actioned, and some of the challenges faced over the past year during the pandemic. He explained that the session today was designed to reassess priorities and set new ones for the coming year. Council and staff reviewed a number of broad indicators that have an impact on Township residents and operations, as well as the high level priorities previously set out in the Strategic Plan. Council also discussed how these broad indicators have changed since 2019 and what the Township can do to ensure these factors are considered in Council decisions, policy development and future priorities. Council and staff took a refreshment break at 12:15 pm and resumed the meeting at 12:52 pm. Solidifying the Township’s commitment to the environment, ensuring excellent customer service, increased bylaw enforcement, efficient staffing capacity, increased focus on roads asset management planning and economic development were all topics that emerged as key priorities for Council during the facilitated session. The CAO explained that the feedback collected today would be used to develop new action items and priorities for the remainder of the Strategic Plan. He noted that staff would come back with a report to Council in the coming months in regards to plan updates. 5.

Notice of Motions - n/a

Announcements/Statements by Councillors

a)

Councillor Leonard thanked the CAO and staff for putting on this session, and noted that it was nice to have so many staff and Councillors together safely once again.

Adjournment

a)

Motion Moved by Councillor Revill Seconded by Councillor Ruttan That the Special Committee of the Whole meeting be adjourned at 1:42 p.m. Carried

Page 2 of 2

Page 72 of 169

REPORT TO COUNCIL TREASURY DEPARTMENT

AGENDA DATE:

August 17, 2021

SUBJECT:

Keeley Road Admin Office Windows

RECOMMENDATION: That Council authorize funding an additional $7,384 from the Facilities Reserve in relation to the Keeley Road Admin Office Windows. BACKGROUND: The 2020 budget included an amount of $12,000 for the replacement of windows at the Administrative Office building located on Keeley Road. The windows were ordered in October 2020 knowing that their market price had gone up since the budget amount had been put together. Staff anticipated a small variance to budget based on this. However, during the installation of the windows, some remedial work also had to be done in relation to asbestos which also added additional costs to the project. The final actuals on the project is $19,384 making the project $7,384 over budget. The original budget is being funded from the Facilities reserve. Staff is requesting that this overage be funded also from the Facilities reserve. ATTACHMENTS: •

None

Prepared by: Jamie Brash Facilities and Solid Waste Manager Submitted/approved by: Louise Fragnito Director of Corporate Services & Treasurer

“Natural, Vibrant and Growing – a Progressive Rural Leader”

Page 73 of 169

REPORT TO COUNCIL TREASURY DEPARTMENT

AGENDA DATE:

August 17, 2021

SUBJECT:

Sydenham Fire Hall – Oil Tank Replacement

RECOMMENDATION: That Council authorize the replacement of the Sydenham Fire Hall Oil Tank at a cost of $5,276.74 to be funded from the Facilities Reserve. BACKGROUND: Through our regular maintenance cycle, the oil tank at the Sydenham Fire Hall has been identified as requiring a replacement in 2021. The tank has been tagged by the service provider and the current tank can’t be refilled. The quoted cost to replace the tank is $5,276.74. ATTACHMENTS: •

None

Prepared by: Jamie Brash Facilities and Solid Waste Manager Submitted/approved by: Louise Fragnito Director of Corporate Services & Treasurer

“Natural, Vibrant and Growing – a Progressive Rural Leader”

Page 74 of 169

REPORT TO COUNCIL TREASURY DEPARTMENT

AGENDA DATE:

August 17, 2021

SUBJECT:

Large Format Scanner

RECOMMENDATION: That Council authorize an additional amount of $1,500 to be funded from the Building Fund Reserve. BACKGROUND: The 2021 budget included approval for a large format scanner in the amount of $15,000. Quotes received through Frontenac Municipal Information Services, our contracted IT, reflects that the total cost excluding the rebatable HST will be $16,500. Quotes were received for models offering various scanning qualities but the model selected will ensure that both new and old documents can be scanned to a digital format. It will also be able to accommodate various sizes up to 42” wide. ATTACHMENTS: •

None

Submitted/approved by: Louise Fragnito Director of Corporate Services & Treasurer

“Natural, Vibrant and Growing – a Progressive Rural Leader”

Page 75 of 169

REPORT TO COUNCIL TREASURY DEPARTMENT

AGENDA DATE:

August 17, 2021

SUBJECT:

OPP building lease renewal

RECOMMENDATION: That Council authorize the Mayor and the Clerk to execute the lease agreement for the OPP building with the Province. BACKGROUND: The Township has been contacted by CBRE Limited who is the broker on behalf of the Province for the renewal of the lease of the OPP building located at 5282 Hinchinbrooke Road in Hartington. The chart below reflects the details of the expiring lease and the negotiated terms of the extension: Existing Lease

Lease Renewal

Square Footage

9,660

9,660

Base Rent-per sq foot

$11.55

$12.00

Base Operating Costs-per sq foot

$7.76

$7.76

Brokerage Fee –per sq foot

$1.50

$1.50

Feb 1, 2018-Jan 31, 2022

Feb 1, 2022-Jan 31, 2027

2 - 5 year extensions

2 - 5 year extensions

$557,865

$579,600

Duration Options to extend Net Revenue over 5 years

The base operating costs are reconciled annually and are reported based on a cost recovery. Any variance from the amount per square foot received is fully reconciled between the parties. The brokerage fee is an amount paid at the beginning of the lease term in relation to the lease negotiations. Staff had communications with the province to establish a negotiated base rent per square foot including a baseline assessment of area market rates. ATTACHMENTS: •

None

Submitted/approved by: Louise Fragnito Director of Corporate Services & Treasurer “Natural, Vibrant and Growing – a Progressive Rural Leader”

Page 76 of 169

REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT

AGENDA DATE: August 17, 2021 SUBJECT:

Stars Corners – Intersection Design Update (RFP P02-2017)

RECOMMENDATION: That Council direct staff to bring forward a report outlining the screening of Options considered for the upgrades to the Stars Corners intersection along with recommendations on the preferred alternative for detailed design and construction. BACKGROUND: In 2017 the Public Services Department issued Request for Proposal # P02-2017 seeking engineering services which included the design of Stars Corners (Wilton Road and Yarker Road). The review of Stars Corners was prompted by its history of motor vehicle collisions along with its unique geometric configuration. The assignment was awarded to G. D. Jewell Engineering (GDJE) which included preliminary and detailed design. Key activities within the contract included: a) Data Collection and Review – Review of legal survey plans, accident reports, topographic mapping, engineering drawings, servicing maps and utilities. Environmental reviews and consultations with the conservation authority and other provincial agencies. b) Project Screening – Municipal Class Environmental Assessment screening to determine the applicable schedules (and consultation) that would be triggered under the various construction alternatives. c) Site and Topographical Information – Topographic surveys to capture all existing above and below ground features along with the associated horizontal and vertical alignments. Review of legal survey information showing property limits for the study areas. d) Preliminary Design – Development of alternative rehabilitation options and screening of solutions for social, environmental and financial impacts (capital and lifecycle costs). e) Through recent discussions with Jewell Engineering it was confirmed that various traffic study work was carried out in May of 2018. Accident records were also received from the OPP later that year covering the period of January 1st, 2013 to July 8th, 2018. Jewell Engineering carried out various traffic modelling activities for the intersection and modelled scenarios for the existing (2018) and future build-out conditions (2038). In all cases the turning movements were reviewed to determine the corresponding Level of Service (LOS). Options that were considered included the four alternatives listed below.

  1. Existing Conditions with Geometric Improvements

Natural, Vibrant and Growing – a Progressive Rural Leader

Page 77 of 169

  1. Multiway Stop Control (All Way Stop)
  2. Installation of Traffic Signals
  3. Roundabout On August 21st, 2019, the first draft report was supplied for the project however Jewell Engineering reported that no formal written comments were received. Jewell Engineering was later directed in 2020 to proceed with geotechnical investigations and to initiate utility relocation work specific to the intersection of Stars Corners. At that time, these activities were primarily focused on a roundabout design solution. The geotechnical report has since been completed under subcontract by Malroz Engineering and the draft report is dated March 25th, 2021. Although primarily focused on the roundabout design option, the report includes critical base information informing other design alternatives. During the spring of 2021, Jewell Engineering was requested to suspend work on the initiation of utility relocation work pending further staff review and direction on the project.

ANAYLSIS AND OPTIONS: Jewell Engineering has completed significant engineering analysis on the Stars Corners Intersection however details within the draft study report do suggest that additional work is still needed. Staff have reviewed the screening of alternatives presented in the draft report (August 2019) and have determined that some key preliminary design investigations remain outstanding. Collision data was received on the number and type of vehicle accidents at the intersection however detailed police reports were not obtained at this stage. In total there were twenty (20) accidents at the intersection from January 1, 2013 to July 8th of 2018 however four (4) of those accidents as an example were car/deer collisions. Despite the review of accident statistics, there were no individual reports obtained from the OPP for review. Individual police reports can provide additional data that can provide critical information toward the problem definition phase of the study. Details such as time of day, time of year, single vehicle accidents, multi-vehicle accidents, weather conditions, and driver error can otherwise further inform design interventions. Although there is recognition in the transportation industry that roundabouts can significantly reduce the probability and severity of motor vehicle collisions, it is important to also acknowledge that these solutions can carry significant costs. Roundabouts can also consume significant property requirements especially on corridors that support high volumes of heavy truck traffic. For those reasons staff are recommending that further investigations be carried out before advancing with any further detailed design work on the project. If further investigations should point to significant capital upgrades, the Township should also engage the general public in the review and comment on these proposals. All four of the alternatives identified in the Consultants review are considered Schedule A or A+ projects under the Municipal Class Environmental Assessment process and therefore public consultation is not mandatory. With that said, it does not prevent the municipality from consulting the public on some of the more significant capital upgrades such as traffic signals or a roundabout facility. At this time, staff is recommending that further detailed design work be suspended pending further project review and the presentation of screened alternatives for the consideration of Council. FINANCIAL/STAFFING IMPLICATIONS: The total combined budgets approved for the 2017 and 2020 project total $75,000 and the expenditures to date on the project is currently $40,245.08.

Page 78 of 169

REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT

ATTACHMENTS: None

Prepared by: W. Troy Dunlop, C.E.T. Manager of Technical Services and Infrastructure Approved by: Louise Fragnito Director of Corporate Services and Treasurer Acting CAO

Natural, Vibrant and Growing – a Progressive Rural Leader

Page 79 of 169

REPORT TO COUNCIL PUBLIC SERVICES

AGENDA DATE: August 17, 2021 SUBJECT: PS-2021-21 - 2021-22 Snow Removal, Facilities & Fire Halls RECOMMENDATION That Council approve the award of snow removal contracts for Municipal Facilities and water access locations as recommended in the report for Tender PS-2021-21 Snow Removal -Facilities & Fire Halls. And further that the contracts be awarded for the winter season of 2021-22 with an option for two one year extensions.

BACKGROUND Public Services issued a Tender for the 2021-22 snow removal of all Facilities, Fire Halls and certain water access points for Fire Services. Due to the unpredictable winter weather, Public Services tenders these services on price per event rather than a monthly rate to achieve cost efficiencies. This Tender is for a 1 year period with an option for 2 one year extensions. Bids were received from various proponents and the list below provides the successful bidders, location of services along with the pricing for 2021-22 and two one year extensions.

CONTRACTOR

P. Snider

J&J Landscaping

LOCATION Township Office & Library Parking Lot Princess Anne & Museum Verona Medical Centre O.P.P. Detachment Sydenham Fire Hall Hartington Fire Hall Verona Fire Hall Dry Hydrant (Quarry Road) Dry Hydrant (Murvale Creek)

Harris Park Hall Perth Road Fire Hall Latimer Fire Hall Dry Hydrant (Lough Lake Bridge)

2023-24 2022-23 2021-22 OPTIONAL OPTIONAL Price per event: HST excluded 150

150

150

60 80 70 150 150 60 50 70

60 80 70 150 150 60 50 70

60 80 70 150 150 60 50 70

100

100

125 65 80

125 65 80

100 125 65 80

Brian Larmon

Storrington Centre

110

110

110

TW Patching

Dry Hydrant (Desert Lake Road)

60

60

60

125

130

135

125

130

135

McNichols Const. Ltd.

Burridge Fire Hall Bradshaw Fire Hall

Our strength is our community.

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REPORT TO COUNCIL PUBLIC SERVICES

The Township advertised and solicited bids on behalf of the Frontenac Arena. Only one bid was received. TW Patching

Frontenac Arena; Parking Lot & Entrance

325

325

350

The Arena Board will need to review and award this bid independently.

FINANCIAL CONSIDERATIONS Prices in the current tender have been favorable as none of the rates have increased over the prior contracts. There are sufficient funds in the 2021 Operating Budget for these contracts.

ATTACHMENTS: None Prepared by: Jamie Brash Facilities & Solid Waste Manager Consulted: Tim Laprade Recreation and Arena Manager Darcy Knott Director of Emergency Services & Fire Chief

Our strength is our community.

Page 81 of 169

REPORT TO COUNCIL DEVELOPMENT SERVICES

Zoning By-law Amendment Report Date:

August 11, 2021

Application No: Owner: Location of Property:

Z-20-17 Caden Craig 0 Deyos Road, south of Bunker Hill Road/James Wilson Road Description of Property: Part 3 on Reference Plan 13R-1068, Part of Lot 3, Concession 3, Bedford District Purpose of Application: Rezone from Rural (RU) to Rural – Special Provision (RU63) Date of Public Meeting: April 20, 2021 (Virtual Public Meeting)

Recommendation THAT By-law 2021-40 to amend the zone on Part 3 on Reference Plan 13R-1068, in Part of Lot 3, Concession 3, District of Bedford, Township of South Frontenac be passed.

Proposal An application was submitted to amend Zoning By-law No. 2003-75 to rezone the subject property from Rural (RU) to Rural – Special Provision (RU-63). By-law 2021-40 is listed on the Council agenda under By-laws.

Background The subject property is 2.2 hectares (5.5 acres) in area. The lands consist of a forested slope toward the southwest (Deyos Road). The property has approximately 290 metres of frontage on Deyos Road. A majority of the frontage is a rock outcrop. The property is currently vacant. The Owner proposes to construct a single detached dwelling and a second dwelling unit in a detached accessory building. The single detached dwelling would be approximately 1400 square feet in floor area and the second dwelling unit would be approximately 800 square feet in floor area. The dwelling and the second dwelling unit would share a driveway, well and sewage system. A reduced front yard setback is required for the dwelling and the second dwelling unit in order to facilitate the construction of the two buildings in a practical and accessible location on the property.

Department Comments Comments from Township departments are summarized in this section of this report.

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REPORT TO COUNCIL DEVELOPMENT SERVICES

Building Department (Sewage System Review) – Building Department staff indicated that there is a location on the property that would meet the minimum Ontario Building Code requirements for a sewage system. As such, they have no objection to the proposed zoning by-law amendment. Public Services – Public Services staff indicated that they have no objection to the proposed driveway location off Deyos Road. An entrance permit will be required for the driveway.

Public Comments Catherine Nash (7684 Deyos Road) provided written comments in a letter dated April 6, 2021. She raised concerns that the property is not appropriate for the proposed use as a residential site with an ancillary residential use, as the property is awkward, making provision of proper siting of a septic and well a problem. Also, that requiring an almost 50% decrease in setbacks from the front lot line due to topography indicates the unsuitability of the property for this type of development. Ms. Nash also indicated that there is an unopened road allowance (Part 4 on Reference Plan 13R1068) between the subject property and her property. She is seeking assurances that Part 4 on Reference Plan 13R1068 is an unopened road allowance and that it is only for pedestrian use, that it will not be used for access to the subject property, that it will not be used for any temporary use associated with construction on the site, and that it may not be used for temporary parking of vehicles and equipment. She also raised concerns about the current use of the property and ensuring that all appropriate health and property standard requirements are met. Lynn Ottenhof (7701 Deyos Road) provided verbal indication to the Senior Planner on April 16, 2021, that she was not in favour of the application. She raised concerns about the application opening up the door to having two houses on other properties, as well as the potential for one or both of the houses to be used as short-term and vacation rentals. She was also concerned with the location of the driveway on a curve.

Public Meeting A virtual public meeting was held under the Planning Act on April 20, 2021. No comments were received from members of the public at the meeting. Councillor Sleeth questioned whether there were any standards that would allow the type of building, which is typically associated with farm storage, to be used as a residential building. Staff confirmed that the building will need to meet the Ontario Building Code standards for a residential building. Councillor Revill asked whether a report on the road allowance should be brought to Council prior to a by-law report. Staff indicated the road allowance was not part of the rezoning application. The road allowance cannot be used for construction or personal uses without prior permission of the Township.

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REPORT TO COUNCIL DEVELOPMENT SERVICES

Councillor Morey asked whether there was any other locations for a building envelope on this 5.5 ha property. Staff confirmed that the majority of the property is a high, steep rock outcrop, as can be seen from Deyos Road. The proposed building envelope is the most accessible area on the property, and would require the least amount of site alteration. Councillor Ruttan asked to clarify for constituents that Council is bound by the changes to the Planning Act to allow second dwelling units, and that Council has no control over short term rentals until a new Official Plan is adopted. Staff clarified that the Planning Act requires the Official Plan to allow second dwelling units. However, the Official Plan and the Zoning By-law have yet to be updated. The Zoning By-law only permits one dwelling on a property; it does not allow a second dwelling unit as-of-right. The new Official Plan is expected to set criteria for where second dwelling units are appropriate, per provincial guidance. In the meantime, Council can make this determination through the rezoning application process.

Planning Analysis Provincial Policy Statement, 2020 The Provincial Policy Statement, 2020 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 3 of the Planning Act requires that Council decisions be “consistent with” the PPS. The PPS encourages efficient land use and development patterns to create and maintain strong communities and a healthy environment while encouraging economic growth over the long-term. It recognizes that rural areas are important to the economic success of the Province and our quality of life. To this end, section 1.1.4 states, among other things, that we should build on the rural character of the Township and leverage rural amenities and assets, and encourage the conservation and redevelopment of existing rural housing stock on rural lands. The PPS also encourages municipalities to accommodate an appropriate affordable and market-based range and mix of housing (section 1.1.1 b). This can be achieved by permitting additional residential units in houses or in ancillary (detached accessory) buildings. The Planning Act was amended in September 2019 by Bill 108 to permit additional residential units on a property which contains a detached house, semi-detached house or rowhouse. A second dwelling unit may be permitted within these structures, and an additional dwelling unit may be permitted in a building or structure ancillary to the house (i.e. a detached accessory building) on the same property. This amendment to the Planning Act, once implemented in an official plan and zoning by-law, supports the accommodation of affordable housing in local municipalities. It is noted that a second dwelling unit in an accessory building referenced in Zoning Bylaw No. 2003-75 is comparable to an additional residential unit in an ancillary building are referred to in the Planning Act.

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REPORT TO COUNCIL DEVELOPMENT SERVICES

The application is consistent with this direction of the PPS and the amendments to the Planning Act. County of Frontenac Official Plan, 2016 The accommodation of affordable housing through additional residential units is required by the Planning Act. The Planning Act requires official plans and zoning bylaw to authorize the use of additional residential units by authorizing the use of two residential units in a detached house, semi-detached house or rowhouse; and the use of a residential unit in a building or structure ancillary to a detached house, semidetached house or rowhouse. Accordingly, section 5.6.2 of the County of Frontenac Official Plan requires the Township Official Plan to permit additional residential units. While required to permit additional units, the Township retains control over the location, access and servicing required for these units. The proposed development is consistent with the intent of this direction of the County Official Plan. Township of South Frontenac Official Plan, 2003 The subject lands are designated Rural in the Official Plan on Schedule A. The type and amount of development on Rural lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The Official Plan does not provide specific direction on how many dwellings or dwelling units may be permitted on a property. In this situation, one must look to the Planning Act and the PPS for direction. As indicated above, the accommodation of affordable housing through additional residential units is required by the Planning Act. In the absence of Official Plan policies, the Township looks to the information published by the Province in the Second Unit Info Sheet (Ministry of Municipal Affairs, Spring 2017) and to recent amendments to the Planning Act. The Info Sheet describes what an additional residential unit is, and provides considerations for where it may be appropriate to permit these units. These considerations include locations on roads that are maintained year-round and accessible by Emergency Services, as well as demonstrating that on-site water and sewage services have sufficient capacity for the additional dwelling unit. Staff support the application because the proposal meets or will meet the intent of the above considerations by sharing a driveway, well and sewage system. The driveway is accessed from a public road that is maintained year round. The location of the driveway is acceptable to the Public Services Department. The Owner will be responsible for ensuring the well produces an adequate volume of water for both the primary dwelling and the second dwelling unit. Drinking water quality (potable water) will need to be confirmed as part of the required permit under the Ontario Building Code. A sewage system that complies with the Ontario Building Code is required to service both the single detached dwelling and the second dwelling unit. The Building Department was

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Page 85 of 169

REPORT TO COUNCIL DEVELOPMENT SERVICES

satisfied that there is a location on the property that would meet the minimum Code requirements for a sewage system. In addition to the request to permit a second dwelling unit on the property, the application requests that both the primary dwelling and the second dwelling unit be permitted within the minimum 20 metre front yard required in the Rural zone. The single detached dwelling would establish a minimum 14.9 metre front yard. The second dwelling unit in an accessory building would be located within the front yard established by the single detached dwelling, set back a minimum of 11.7 metres from the front lot line. Although the subject property is large (2.2 hectares or 5.5 acres), the majority of the property is a high, steep rock outcrop, as can be seen from Deyos Road. The land at the south end of the property, where the development is proposed, has a gentle rise for about the first 20 metres from Deyos Road and then a long, moderate rise to the north and east. The proposed building envelopes would facilitate the construction of the two buildings in a practical and accessible location on the property. It would require the least amount of site alteration (e.g. filling and grading) and on-site drainage works (e.g. to control the flow of water down the driveway), compared to locating the buildings midway up or at the top of the hill. Following the initial site development, the proposed location would also allow a majority of the property to remain undisturbed over the long term. The single detached dwelling would be located behind a rock outcrop along Deyos Road. The rock outcrop would visually and functionally separate the single detached dwelling from the road. The second dwelling unit would be located south of the single detached dwelling in a more open area up against where the slope begins to rise on the property. The site plan agreement includes a provision about maintaining the land between the buildings and the road in a vegetated state to establish a natural buffer that helps to visually screen the dwellings from the road. It is anticipated that these building locations would be less visually intrusive than if they were midway up or at the top of the hill. Public concerns were raised regarding the possible rental of the second dwelling unit. The Township has a responsibility to promote housing that is free from discrimination under the Ontario Human Rights Code. The Township cannot regulate to occupancy of dwelling units through its planning documents. There are currently no policies or bylaws in place that would stop the property from being used as a long term or short-term rental property. The Township does not currently regulate short-term rentals but this is a matter that will be considered through the development of the new Official Plan. The proposed zoning by-law amendment would help the Township to achieve its goal to encourage residential development which is affordable, of high quality and capable of meeting the changing and diverse needs of the rural community. It is also consistent with the Planning Act and the direction provided from the PPS.

Natural, Vibrant and Growing – a Progressive Rural Leader 5

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REPORT TO COUNCIL DEVELOPMENT SERVICES

Site Plan Control An application for site plan control for this development was submitted to the Township to ensure the property is developed as shown on the site plan drawing that was submitted with the rezoning application. Site plan control would be required as the Planning Act does not permit conditions to be attached to a decision on a zoning by-law amendment application. Township of South Frontenac Site Plan Control By-law No. 2003-25 may be applied to the subject property, as it contains lands within 90 metres of a waterbody (Thirteen Island Lake). Unopened Road Allowance The subject property abuts a strip of land to the east that is described as Part 4 on Reference Plan 13R1068. This strip of land is an unopened road allowance owned by the Township. The origin and purpose of this road allowance could not be determined by staff. There is to be no use of the Township unopened road allowance by the owner for any temporary use associated with construction on the site without prior permission of the Township, and that it may not be used for temporary parking of vehicles and equipment. Property Standards Members of the public raised concerns about the current use of the property and ensuring that all appropriate health and property standard requirements are met. The Township does not have a property standards by-law. Township staff shared these concerns with the Owner. The tarps and latrine would be removed when the property is developed.

Summary As this rezoning is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject property, it is recommended Council approve this application by passing By-law 2021-40.

Prepared by: Christine Woods, MCIP, RPP, Senior Planner Submitted/approved: Claire Dodds, MCIP, RPP, Director of Development Services Approved by: Louise Fragnito, Acting CAO Date of Site Visit: March 26, 2021

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-40 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO RURAL – SPECIAL PROVISION (RU-63) ON LANDS DESCRIBED AS DEYOS ROAD, PART 3 ON REFERENCE PLAN 13R-1068, PART OF LOT 3, CONCESSION 3, DISTRICT OF BEDFORD: CRAIG 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; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.

THAT Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural – Special Provision (RU-63) for the lands shown on Schedule “1”.

THAT Zoning By-law number 2003-75 as amended is hereby further amended by adding a new section RU-63 (Deyos Road, Part 3 on Reference Plan 13R1068, Part of Lot 3, Concession 3, District of Bedford – Craig) immediately after Section RU-62 (984 Leland Road, Part of Lot 22, Concession 9, District of Loughborough – Green) to read as follows: RU-63 (Deyos Road, Part 3 on Reference Plan 13R-1068, Part of Lot 3, Concession 3, District of Bedford – Craig) Notwithstanding the provisions of Section 7 or any other provision of this By-law to the contrary, on the lands zoned Special Rural (RU-63), the following provisions apply: • •

• •

A second dwelling unit in an accessory building shall be permitted. A second dwelling unit shall mean an accessory building which contains one or more habitable rooms designed and occupied as an independent dwelling in which living, kitchen, and bathroom facilities are provided and which is located on the same lot as a single detached dwelling. The single detached dwelling and the second dwelling unit in an accessory building shall be established in close proximity to each other and shall be accessed by a shared driveway, and be serviced by a shared sewage system and well. The minimum setback from the front lot line for a single detached dwelling shall be 14.9 Metres (48.8 ft.) The minimum setback from the front lot line for a second dwelling unit in an accessory building shall be 11.7 Metres (38.3 ft.).

All other provisions of this by-law shall apply. 3.

THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this 17th day of August, 2021. Read a first and second time this 17th day of August, 2021.

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Read a third time and finally passed this 17th day of August, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

Page 89 of 169

Schedule 1 This is Schedule “1” to By-law No. 2021-40.

Passed this 17th day of August, 2021


Ron Vandewal, Mayor


Angela Maddocks, Clerk

Page 90 of 169

REPORT TO COUNCIL DEVELOPMENT SERVICES

Report Date:

August 11, 2021

Application No: Owner: Location of Property:

SP-02-21-B Caden Craig 0 Deyos Road, south of Bunker Hill Road/James Wilson Road Description of Property: Part 3 on Reference Plan 13R-1068, Part of Lot 3, Concession 3, Bedford District Purpose of Application: Review of Application for Site Plan Control – Single Detached Dwelling and Second Dwelling Unit in Accessory Building

Recommendation THAT By-law 2021-41 to authorize the Mayor and Clerk to enter into the Site Plan Agreement with the Owner, Caden Craig, for Part 3 on Reference Plan 13R-1068, in Part of Lot 3, Concession 3, District of Bedford, Township of South Frontenac be passed.

Proposal An application was submitted for site plan control on the subject property, subsequent to an application for zoning by-law amendment (Z-20-17). Site plan control is required by Township of South Frontenac Site Plan Control By-law No. 2003-25 to ensure the property is developed as shown on the site plan drawing that was submitted with the rezoning application. The Planning Act does not permit conditions to be attached to a decision on a zoning by-law amendment application. The proposed development includes the construction of a 127.5 square metre (1373 square foot) single detached dwelling and a 73.48 square metre (791 square foot) second dwelling unit in an accessory building. The dwelling and the second dwelling unit will share a driveway, well and sewage system. The buildings would have reduced front yard setback in order to facilitate the construction of the two buildings in a practical and accessible location on the property. Attachment 1 to this report is the site plan drawing that shows the proposed development on the property.

Background The subject property is 2.2 hectares (5.5 acres) in area. The lands consist of a forested slope toward the southwest (Deyos Road). The property has approximately 290 metres of frontage on Deyos Road. A majority of the frontage is a rock outcrop. The property is currently vacant.

Natural, Vibrant and Growing – a Progressive Rural Leader 1

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REPORT TO COUNCIL DEVELOPMENT SERVICES

The Owner has requested a zoning by-law amendment to change the Rural (RU) zone on the subject lands to Rural – Special Provision (RU-63). The special provision is requested to permit a second dwelling unit in an accessory building on the property. The special provision would also permit a reduced front yard setback for both of the buildings. By-law 2021-41 is listed on the Council agenda under By-laws. The conditions included in the site plan agreement identify the permitted use of the property, and require a natural vegetated buffer between the front lot line and the buildings to help visually screen the buildings from the road. The site plan agreement binds current and future owners of the subject property and will be registered on the title of the lands by the Owner’s solicitor.

Department Comments Public Services and the Building Department were circulated the site plan application for review. Public Services confirmed that the proposed driveway entrance is acceptable. The site plan identifies the location of the sewage system that was accepted as part of the Building Department review of the application for zoning by-law amendment Z-2017.

Summary Planning staff are satisfied that the site plan drawing and agreement meet the requirements of the Special Rural RU-63 zone. The Owner has reviewed the site plan agreement and indicated their concurrence. Signed copies of the agreement have been provided to the Township. Prepared by: Christine Woods, MCIP, RPP, Senior Planner Submitted/approved: Claire Dodds, MCIP, RPP, Director of Development Services Approved by: Louise Fragnito, Acting CAO Date of Site Visit: March 26, 2021 Attachments:

  1. Site Plan Drawing
  2. Site Plan Agreement
  3. Site Plan By-law (under By-law section of agenda)

Natural, Vibrant and Growing – a Progressive Rural Leader 2

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Page 93 of 169 1

SITE PLAN CONTROL AGREEMENT THIS AGREEMENT made in triplicate this _____ day of

, 2021.

BETWEEN: CADEN CRAIG hereinafter referred to as the “Owner” OF THE FIRST PART

AND WHEREAS the Municipality is authorized to enter into this agreement and register it against the title to the Lands pursuant to section 41 of the Planning Act;

NOW THEREFORE WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties agree each with the other as follows: 1.

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

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

General 2.1.1

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

2.1.2

That the uses on the subject property are limited to a single detached dwelling, a second dwelling unit in an accessory building (labeled “Proposed Ancillary Building” on the Site Plan Drawing), and accessory buildings and structures.

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2.1.3

2.2

That a building permit for the single detached dwelling shall be applied for in advance of, or at the same time, as a building permit application for the second dwelling unit.

Environmental Protection 2.2.1

That the land between the front lot line and the single detached dwelling, and between the front lot line and the second dwelling unit, must remain in a vegetated state to establish a natural buffer that helps to visually screen the dwellings from the road. There shall be no cutting of trees within the natural buffer area except for safety reasons or for the removal of dead trees.

2.2.2

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

2.2.3

That stormwater management best practices shall be employed to reduce the energy of runoff from the property, including roof runoff from the single detached dwelling, the additional dwelling unit in an ancillary building and any accessory buildings and structures.

2.2.4

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

3.0

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

4.0

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

5.0

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

6.0

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

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7.0

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

8.0

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

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal - Mayor


Angela Maddocks - Clerk We have authority to bind the Corporation


Caden Craig

Page 96 of 169 4

SCHEDULE “A” OWNER’S LANDS Legal Description: Lot 3, Reference Plan 13R1068, Part Lot 3, Concession 3, District of Bedford, Township of South Frontenac, County of Frontenac Assessment Roll Number: 102902004001202

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SCHEDULE “B” DRAWING AND REPORT LIST Site Plan Drawing

Site Plan/Grading Plan of Part 3, Plan 13R-1068, Township of South Frontenac, Prepared by IBW Surveyors, Dated May 19, 2021, Scale 1:250.

THE ORIGINAL OF ALL PLANS LISTED IN THIS SCHEDULE AND INCORPORATED BY REFERENCE INTO THIS AGREEMENT ARE ON FILE IN THE OFFICE OF THE SOUTH FRONTENC

DEVELOPMENT SERVICES DEPARTMENT AND SHALL GOVERN IN THE EVENT OF ANY DISPUTE.

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Report to Council Development Services - Planning

Correcting By-Law – Road Widening Agenda Date:

August 17, 2021

Report Date:

August 5, 2021

Location of Property:

Lot 21, Plan 1316, Block C, Part 1 on Plan 13R13136, Rideau Canal, District of Storrington, municipally known as 5508 Rideau Road, being all of PIN No. 36287-0306.

Purpose of Application: To correct the original By-Law 2021-30, being a By-Law to Stop up, close and sell a portion of an unopened road allowance being Part 1 Plan 13R22405, part of Rideau Crescent, Plan 1316.

Recommendation It is recommended correcting By-law 2021-42 amending By-Law 2021-30, be passed.

Background It was brought to the attention of staff that the By-Law to stop up, close and sell a portion of an unopened road allowance noted in paragraph number 2 that the address of the property being enlarged was incorrectly described as 30 Rideau Crescent Lane. The correct municipal address for this property is 5508 Rideau Road.

Summary It is recommended Council pass this correcting by-law to update the by-law with the accurate address and register the by-law on the title 5508 Rideau Road along with the original By-law 2021-30 to stop up, close and sell a portion of an unopened road allowance. Prepared by: Michelle Hannah, Planning Assistant Submitted by: Claire Dodds, MCIP, RPP, Director of Development Services Approved by: Louise Fragnito, Acting CAO Attachments:

  1. Location Map
  2. By-Law 2021-42 – Correcting By-law (under the By-law section of the agenda)
  3. By-Law 2021-30 – Original Road Closing By-law
  4. Registered Reference Plan 13R22405

“Natural, Vibrant and Growing – a Progressive Rural Leader” 1

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

Scale 1:1,230 0

5 10

20

30

40

Meters UTM Projection NAD 83

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5383 RIDEAU RD

18 RIDEAU CRES LANE

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-30 BEING A BY-LAW TO STOP UP, CLOSE AND -SELL A PORTION OF AN UNOPENED ROAD ALLOWANCE BEING PART 1 PLAN 13R22405, PART OF RIDEAU CRESCENT, PLAN 1316: Prunster WHEREAS, the Municipal Council of the Township of South Frontenac may pass a by-law to stop up, close and sell any highway or part thereof pursuant to the Municipal Act, section 34(1): AND WHEREAS pursuant to the Township of South Frontenac’s Notice By-law No. 2016-73, the Corporation of the Township of South Frontenac caused to be advertised the proposal to close portions of the said road allowance: AND WHEREAS the said road allowance is not used as a publically travelled road: AND WHEREAS no objections have been received to the road closing: NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.

THAT theportion of road allowance being Part 1 Plan 13R22405, Part of Rideau Crescent, GeographicTownship of Storrington, Township of South Frontenac, shall be stopped up and closed and ownership transferred to the abutting property owner of Lot 21, Plan 1316, Block C, Part 1 on Plan 13R13136, Rideau Canal, District of Storrington, municipally known as 5508 Rideau Road, being all of PIN No. 36287-0306;

THAT the lawyer registering the transfer make Application to Consolidate Parcels for the portion of road allowance being Part 1, Plan 13R22405, Part of Rideau Crescent, Geographic Township of Storrington, Township of South Frontenac to be consolidated with the PIN for the abutting property that it is enlarging, being Lot 21, Plan 1316, Block C, Part 1 on Plan 13R13136, District of Storrington, municipally known as 30 Rideau Crescent Lane, being all of PIN No. 36287-0306; and

THAT the Mayor and Clerk are hereby authorized and directed to execute such documents as are required; and

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

Dated at the Township of South Frontenac this 15‘day of June, 2021. Read a ?rst and second time this 15‘day of June, 2021. Read a third time and ?nally passed

certify I, that …… this is a true copy that has not been altered in any way. Dated this …… day of I

this 15‘day of June, 2021.

THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC

Angela Maddocks, Clerk

PLAN 13R-22405 Received and deposited April 21st, 2021 Joanne Mason Representative for the Land Registrar for the Land Titles Division of Frontenac (No.13)

Page 101 of 169

Page 102 of 169

Report to Council Development Services Department

Report Date:

August 9, 2021

Agenda Date:

August 17, 2021

Subject:

By-law to Stop Up, Close and Transfer Ownership of a Portion of a Road Allowance

File Number:

RC-20-01

Applicant:

2290998 Ontario Inc.

Location:

Christel Lane

Legal Description:

Part Road Allowance between Concession 9 & 10, Lot 20, known as a portion of Christel Lane, District of Storrington, Dog Lake


RECOMMENDATION That Council pass By-law 2021-43 to stop up, close and transfer ownership of Parts 13 and 15, Plan 13R22455 being a portion of an unopened road allowance adjacent to the property at located at Christel Lane owned by the numbered company, location map Attachment #1.

BACKGROUND An application was submitted to the Development Services Department to stop up and close a portion of unopened road allowance that is aligned from east to west, running across a large peninsula in Dog Lake. The portion to be stopped up, closed and transferred is shown on Attachment #2 as Parts 13, 14 and 15, Plan 13R2455. The proposal came before Council for consideration at the July 14, 2020 Council Meeting and a second proposal was brought forward at the October 6, 2020 Council Meeting and to a public Council Meeting on January 12, 2021. The initial proposal that was brought forward to Council at the July 14, 2020 meeting was to close a small portion of the road allowance over which the current Christel Lane runs, approximately 20 feet in width by 58 feet in length for a total of 1,160 square feet. Based on staff recommendations the applicant modified the proposal to include more of the road allowance to ensure a minimum surveyed width of 20 metres (66 feet) for Christel Lane. Council deferred making a decision on this original proposal and recommended the applicant bring forward a revised proposal to ensure a logical division of remaining portions of the road allowance could be addressed. On October 6, 2020 a second proposal was brought to Council for the entire length and width of road allowance that abuts the property owned by the numbered company, known as Christel Lane which is also subject to severance file S-02-20-S. The transfer of the unopened road allowance (Part 13 on plan 13R22455) will ensure that Christel Lane is wholly situated over private property and does not run across a Township owned portion of unopened road allowance. The acquisition of this road allowance is necessary to clear conditions of severance application S-02-20-S. It will be a requirement that Part 13 is merged with the subject property at Christel Lane, being all of PIN 36288“Natural, Vibrant and Growing – a Progressive Rural Leader” 1

Page 103 of 169

0771 and Part 15 is merged with the subject property at Christine Lane, being all of PIN 36288-1400. Part 14 is intended to be closed and transferred to an abutting property not owned by 2290998 Ontario Inc. Consent application S-30-20-S is an application for a lot addition to which a portion, being Part 3 on Plan 13R22455 is to be added to the abutting property, municipally known as 130 Christel Lane. The applicant has advised that he does not wish to proceed with the by-law for the purchase and transfer of Part 14 until the Certificate of Official for application S-30-20-S has been signed. Based on the survey sketch provided by the surveyor, Attachment #3, the unopened road allowance subject to this application is broken up into three parts, the east portion being Part 15, the middle portion being Part 13 which is the 20 metre portion for the extension of Christel Lane and the west portion being Part 14. Part of Part 15 is within 300 feet of the waterbody and will be considered as per the apportionment for a purchase price of $2.41per square foot. The remainder of Part 15 that is outside 300 feet of the waterbody and all of Part 13 will have a purchase price of $0.21 per square foot, consistent with Township policy. Part 13:

337 m2 (3,627 ft2) @ $0.21 per ft2 = $761.67

Part 15:

Total area: 1,019 m2 (10,968 ft2) Within 300 feet: 265 m2 (2,852 ft2) @ $2.41 per ft2 = $6,873.32 Outside 300 feet: 754m2 (8,116 ft2) @ $0.21 per ft2 = $1,704.36

Total Purchase Price: $9,339.35 + HST ($1,214.16) = $10,553.47 The by-law 2021-43 to stop up, close and transfer ownership of the unopened road allowance to 2290998 Ontario Inc. has been drafted consistent with the direction of Council and is recommended to be approved. Prior to the transfer of the portion of the unopened road allowance the Applicant, 2290998 Ontario Inc. is required to pay to The Township of South Frontenac $10,553.47 in the form of certified funds, consistent with the Township policy. 2290998 Ontario Inc, has had the survey (13R22455) prepared at their cost. The survey was deposited with the Land Registry Office on June 16, 2021.

NOTICE & PUBLIC COMMENTS Consistent with the requirements of the Municipal Act, a Notice of Road Closing was posted on the Township website on November 25, 2020 and advertised in the Frontenac News for 4 weeks beginning November 25, 2020. Notice was also sent by mail to all other land owners abutting the relevant portion of the road allowance. A public meeting was held on January 12, 2021.

CONCLUSION It is recommended Council pass By-law 2021-43 to stop up, close and transfer ownership of the unopened road allowance identified as Parts 13 and 15 on Registered Plan 13R22455, and approve the purchase price of $10,553.47 (inclusive of HST).

ATTACHMENTS Attachment #1 – Location map Attachment #2 – Survey 13R22455 Attachment #3 – Survey Sketch - apportionment Attachment #4 – By-law 2021-43 to Stop Up and Close Road Allowance (under By-law section of the agenda) “Natural, Vibrant and Growing – a Progressive Rural Leader” 2

Page 104 of 169

Prepared by:

Michelle Hannah, Planning Assistant

Submitted by:

Claire Dodds, MCIP, RPP, Director of Development Services

Approved by:

Louise Fragnito, Acting CAO

“Natural, Vibrant and Growing – a Progressive Rural Leader” 3

2290998 Ontario Inc. Road Allowance Closing

Legend Assessment Parcels Location Labels Citations

Portion of road allowance to be stopped up, closed and transferred

0.2

0

0.11

WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.

0.2 Kilometers

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

Notes Portion of Road Allowance proposed to be stopped up, closed and transferred.

Page 105 of 169

1: 4,514

C & H REF. No. 1579-04-

PART

UNDER THE LAND TITLESACT

73R

PLAN

RECEIVED AND DEPOSITED DATE

LOT CORNER

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REPRESENTATIVEFOR THE LAND REGISTRAR FOR THE LAND TITLES OF FRONTENAC (No. 13)

DIVISION

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50 8734 I

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DISTANCES Ond COORDINATES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048

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Road Closing By—Law)

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W. RONALD CLANCY

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APRIL 19, 2021

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BEARINGSARE GRID, RELATEDTO CONTROL POINTS SHOWN ON PLAN 13R-21647, BETWEENSURVEY MONUMENTSSHOWN HEREON AND DENOTED AS “REFERENCE BEARING”

J. Reynolds

PLAN DRAWN BY :

W.R.C.

I

BEARINGS ARE UTM GRID, DERIVED FROM OBSERVED REFERENCE POINTS A and B BY REAL (per PLAN 13R—2164—7) 11MENETWORK(RTN) OBSERVATIONS, UTM ZONE 18, NADs3(csRs)(I997.o)

FOR BEARING COMPARISON, A ROTATION OF 0'56'20” COUNTER—CLOCKWISE MUST BE APPLIED TO CONVERTBEARINGS FROM GRID TO ASTRONOMIC.(perPLAN 13R-2164-7)

SURVEYOR’SCERTIFICATE I

Planted Monument

I:I,

Found Monument Cut Cross Iron Bar Plastic Bar Rock Bar

DISTANCES ARE GROUND AND CAN BE CONVERTED TO GRID BY MULTIPLYING BY

CC

THE COMBINEDSCALE FACTOR OF 0.999722

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OBSERVED REFERENCE POINTS (0RP’s). UTM ZONE 18. NAD83 (CSRS) (19970) COORDINATES TO URBAN ACCURACYPER SEC. 14 (2) OF O.REG. 216/10 ORP A ORP B '

NORTHING I

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RP SSIEI SIB

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COORDINATES CANNOT, IN THEMSELVES, BE USED TO RE—ESTABLISI-I ’

CORNERS OR BOUNDARIES SHOWN ON THIS PLAN.

Rock Plug Rock Post

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Short Standard Iran EIcIr Standard Iron Bar (Wit) Witness (Meas) Measured (13R—1234-)—Dimension of corresponding plan (P1) PLAN 13-22179 (P2) PLAN 13-21647 (1338) Clancy & Hopkins Surveying Ltd.

THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT, THE SURVEYORS ACT AND THE LAND TITLES ACT AND THE REGULATIONS MADE UNDER THEM.

THE SURVEY WAS COMPLETED ON THE 1st DAY OF APRIL, 2021

CLANCY Sc HOPKINS

I

LTD. SURVEYING

APRIL 19, 2021

-/diff’ CLANCY W. RONALD

ONTARIO LAND SURVEYOR C & HI REF. NO. 1579-04-

Page 106 of 169

POINT ID

THAT I CERHFY

L_e_9@d=

Within 300ft (West)

Total area (West)

Outside 300ft (West)

Outside 300 ft (Christel Ln.)

Total Area (East)

Within 300 ft

Page 107 of 169

Outside 300ft

Page 108 of 169

Report to Council Development Services Department

AGENDA DATE:

August 17, 2021

REPORT DATE:

August 5, 2021

SUBJECT:

De Groot Closing Application – RC-21-05 Jasper & Lana De Groot Closure and transfer of a portion of an Unopened Road Allowance between Concessions 10 & 11 District of Storrington, Township of South Frontenac



RECOMMENDATION That Council consider the closing and transferring of ownership of a 10 metre (33 foot) by approximately 57 metre (186.5 foot) portion of unopened road allowance to enlarge adjacent parcels of land municipally known as 572 Burnt Hills Road.

PURPOSE The purpose of this report is to provide background information necessary to enable Council to provide direction to staff regarding the closing of a portion of an unopened road allowance in the Township.

BACKGROUND The road allowance is aligned east to west, running over the lands between Cranes Nest Lake and Little Cranberry Lake. The Road allowance is situated between Concessions 10 and 11, District of Storrington. The most westerly portion of the road allowance has previously been stopped up, closed and transferred to properties addressed on Hogans Point Lane. The middle portion of the road allowance encompasses Burnt Point Road. Some portions of the road allowance have been widened to more than 20 metres to accommodate the travelled portion of Burnt Hills Road. Approximately 380 metres before Little Cranberry Lake, Burnt Hills Road curves to the south and no longer follows the subject road allowance, at the same point Rideau Road begins and follows the road allowance for approximately 200 metres before it curves to the north and no longer follows the subject road allowance. The most easterly portion of the road allowance is unopened and measures approximately 160 metres in length, this portion appears to be 10 metres in width. Attachment #1 illustrates the road allowance from Cranes Nest Lake to Little Cranberry Lake, Attachment #2 illustrates the most easterly portion of the road allowance. The benefiting property, municipally know as 572 Burnt Hills Road is undersized, approximately 0.3 acres in size, and is comprised of two parcels split by the road allowance. The house and attached garage are located on the northern parcel, a portion of the sewage disposal system and driveway are located on a portion of the road allowance and the remaining portion of the sewage system is located on the southerly parcel, illustrated in Attachment #3 In 1999 the owner of the property municipally known as 572 Burnt Hills Road, Frances E. Scott applied to have the road allowance stopped up, closed and transferred. The minutes from the Council meeting of December 7, 1999, attachment #4, indicate that it was the consensus of Council that it would not proceed with the road closing as Council noted that it was their policy to not close road allowances that lead to water, and that by doing so, it would impede public access to the water.

Page 109 of 169 Following the denied road closing request, in 1999 The Corporation of the Township of South Frontenac passed By-Law 1999-111, Attachment #5, to permit the occupation of a road allowance by a septic system. The by-law was for a term of 20 years and was registered on title to 572 Burnt Hills Road. The current owners of the property, Jasper and Anna de Groot purchased 572 Burnt Hills Road in June of 2001. At the time of purchase it was brought to their attention that the sewage disposal system, including the tile bed was constructed over a portion of the unopened road allowance between Concessions 10 & 11. The by-law to permit the occupation of the lands by the sewage system was also brought to their attention at this time. The applicants have recognized that by-law 1999-111 would no longer be in effect following April of 2021, and therefore have been working with staff reviewing their options to ensure the permitted and continued use of the road allowance with respect to the location of the septic system. The owners of 572 Burnt Hills Road have advised that they do not wish to pursue another 20 year encroachment agreement, they would like a permanent solution to this matter and have submitted an application to request the portion of the road allowance abutting their property be stopped up, closed and transferred. Planning staff have reviewed the by-law from 1999 and have reviewed all available title documents as well as documents contained in the property file records. Kingston, Frontenac, Lennox and Addington Public Health Unit issued a permit in 1997 for the sewage system, the earliest survey on record for the property is dated June 30, 1989. As a condition of by-law 1999-111, the owner was required to obtain approval from the Kingston, Frontenac, Lennox and Addington Public Health Unit for the continued use of the septic system. This approval was obtained on April 10, 2001. The owners of the lands municipally known as 572 Burnt Hills Road, Jasper and Lana de Groot, have filed a road closing application requesting Council stop up, close and transfer an approximately 10 metre (33 foot) x 57 metre (186.5 foot) portion being approximately 570 square metres (6,154.5 sq. ft.) of the unopened road allowance between Concessions 10 & 11, district of Storrington. 10 metres is the full width of this portion of the road allowance. The intention of the owners at 572 Burnt Hills Road is to purchase the unopened road allowance and consolidate all three parcels to negate the need of future occupation permits or encroachment agreements which can be obtained for a maximum of 21 years less a day without the approval of the Committee of Adjustment. The aerial image of the property, Attachment #6 shows that there is inadequate room on the property for a sewage system in the absence of being able to utilize the road allowance. Planning staff and Public Services staff visited the site on June 1, 2021. Public Services staff advised that they have no issues with selling the road allowance as there is very little chance that a public road or boat launch will ever be feasible at this location, and because the sewage disposal system has been constructed in this location with no other viable option on the lands. The entire subject portion of the road allowance is within 300 feet of Little Cranberry Lake. Based on Township policy, the entire portion of the road allowance would be charged at a rate of $2.41 per square foot (33 ft x 186.5 ft = 6,145.5 square feet @ $2.41 = $14,810.65), the sale price of the road allowance would be approximately $14,810.65 plus HST. It is staffs opinion that renewing an occupancy by-law over and over (40+ years) for a situation where approvals were granted dating back to 1976, represents a long term approval. Sewage systems located on Township property presents liability to the Township and insecurity to current and future property owners. It is believed that the Township is better served from a liability perspective to make a permanent decision, being the sale of the lands on which the sewage system was developed to clear up the legal title to the property and resolve this outstanding matter permanently. Staff is seeking direction as to whether Council has any objections to the closure and transfer of this unopened portion of road allowance to facilitate the enlargement of lands and to incorporate the sewage system on the property, and not property owned by the Township, for the property described as Part Lot 32, Concessions 10 & 11, district of Storrington, Township of South Frontenac, municipally known as 572 Burnt Hills Road, Little Cranberry Lake. If

Page 110 of 169 Council has no objections, staff can begin the process to stop up and close the portion of the unopened road allowance between Concessions 10 & 11, District of Storrington.

FINANCIAL and STAFFING CONSIDERATIONS The application fee and legal deposit has been paid by the applicant to process this road closing application. It is not recommended that Council waive any of the purchase price and the final purchase price will be determined once the surveyor has completed a survey of the pertinent section of the road allowance. Fees to survey the portion to be transferred will be paid by the applicant.

ATTACHMENTS Attachment #1 – Location map – entire road allowance Attachment #2 – Location map – pertinent easterly section of road allowance Attachment #3 – Sketch provided by applicant Attachment #4 – Minutes of Council meeting December 7, 1999 Attachment #5 – By-Law 1999-111 Attachment #6 – Aerial view of benefitting lands

Submitted by:

Michelle Hannah, Planning Assistant

Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Louise Fragnito, Acting CAO

Map Title

Legend Assessment Parcels Citations

1.2

0

0.60

WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.

1.2 Kilometers

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

Notes

Page 111 of 169

1: 23,513

Map Title

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Citations

0.2

0

0.10

WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.

0.2 Kilometers

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

Notes

Page 112 of 169

1: 3,916

Page 113 of 169

Page 114 of 169

\

Page 115 of 169

Page 116 of 169

Page 117 of 169

mi

2.2.-.14

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PJ32/E12 Page 118 of 169

TD 916139542424

-OF SOUTH, FRONTENAC TOWNSHIP

BY—LAW1999-111 OCCUPATION OF A ROAD ALLOWANCE BY A PERMIT ‘THE SEPTIC SYSTEM.

A BY-LAW’ T0

-to the asythe result of nproposed road closing and land sale, it has come" WHIEREAS that :1 septic system occupiesa road attention oi" the Township of South Frontenac

allowance between I’nrt.Lo_t 32, Concession 10 and Part Lot 32, Concession11 in the Township of South Frontenac, Storrington District, nnd located more or less 105 feet distant from the westhlgh waiter mark of the Rideau Canal; and,

Chapter M45, asiiniinfled, AeE;“n.s.o.‘.1990,’ in me;Mnnici?nl wnnniizis se’cTa6H"1”(’?’ to allow any person owning or occupying any providestlmt Council may pass 2’: by—lmv building or other erectlonfhat by inadvertence has been wholly or partially erected upon any highway to maintain and use such erection thereon and for the fixing of such annual fee or cluirges that the Council considers reasonable for such an owner or occnpantto pay for such privilege;

“OF SOUTH _OFTHE TO‘vVNS.HIl” THE CORPORATION F’OLLO’WS: HEREBYF.l“lACTi’iAS ETS Ef?iliifii, E-3'1"

THEREFORE l‘*_TO‘W

if

Hie septicsystem occupying the lands defined as part of the road allowancebetween 11 in the Township of port of Lot 32’, Concession10 and Part of Lot 32, Concession than 105 feet west of the lying noymore Somh Frontenac, Storrington District and high water of the Ridean Canal be maintained and used’as the ongoing location of the septic system to serve the abutting residential.unit- For a period of twenty years [firm the (late of passage of this by—lnw_

~

The annual fee for this privilege is one dollar. \

———-

,3-_¢,

“L1. slmll-eeH;1e—i£1t6—l’0rcerancl—tal<e=elI’cct-on the certiliicat-ion by the Iiijstrilt-tt —_-.—Tl2_11’.s.by-—.l$1-w Health as to the adequacy of the existing sewage system

Unit

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:1

’99.

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

'

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9

Map Title

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels

0.0

0

0.01

WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.

0.0 Kilometers

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

Notes

Page 119 of 169

1: 564

Page 120 of 169

REPORT TO COUNCIL CLERKS DEPARTMENT

AGENDA DATE: August 17, 2021 SUBJECT: Administrative Monetary Penalties RECOMMENDATION That Council approve By-law 2021- 44, being a by-law to impose administrative monetary penalties on violations of municipal by-laws.

BACKGROUND Council has indicated to staff that they have a desire to increase the enforcement of municipal by-laws going forward as one of their Strategic Plan initiatives. A significant portion of the Clerk’s time is allocated to by-law enforcement from the initial receipt of complaints, ensuring that complaints are directed to the associated departments and agencies processing orders to comply, the tracking of compliance and working with Frontenac Municipal Law Enforcement to achieve compliance. The municipality has relied on a By-law Enforcement Officer to follow through with non-compliance and to represent the municipality at court. Currently, enforcement of by-laws by way of fines or other prosecution can only be performed under the Provincial Offences Act which limits the amount that can be set for fines, and which involves such a lengthy and costly process for appeals and prosecutions that the Township often will not fully enforce many infractions and/or the fines provide an insufficient deterrent to those contravening the Township’s by-laws. This report provides information on the current process under Provincial Offences as well as the recommended alternative process using Administrative Monetary Penalties.

DISCUSSION/ANALYSIS Enforcement Options

  1. Provincial Offences Act Offences prosecuted and enforced by a municipality typically are administered through the Provincial Offences Act. The Provincial Offences Act sets out the method for enforcement and adjudication of regulatory offences and by-laws in the province. The POA sets out three different types of offences: •

• •

Part 1 Offences which are offences where tickets can be issued for infractions such as speeding, animal control and noise violations. These are general offences for which a Municipality has received consent to issue a Certificate of Offence: Part II Offences which are specific to parking offences; or Part III which are issued for more serious offences or by-law offences.

Section 1(1) of the POA defines an offence as “…an office under an Act of the Legislature or under a regulation or by-law made under the authority of an Act of the Legislature.” A municipal By-law can create an offence for the purposes of Section 1(1) of the Provincial Offences Act.

Natural, Vibrant and Growing – a Progressive Rural Leader

Page 121 of 169

REPORT TO COUNCIL CLERKS DEPARTMENT

Violations under the (Roads and) Parking By-law are enforced through the issuance of a Part II Offences (parking ticket). A By-law Enforcement Officer serves the defendant with the offence notice, or parking ticket, and then files a copy of the ticket with the municipal office. Payment may be made at the township office or mailed. South Frontenac has an agreement with the Ministry of Transportation to access their database for Part II infractions related to outstanding parking tickets and are in the process of obtaining extension to this agreement to address vehicle owners in violation of other municipal by-laws such as illegal dumping of garbage and standing or loitering on township roads where posted and the safe properties by-law. Under the Provincial Offences Act, the maximum fine is $500.00. Any appeals or prosecutions must be taken to POA court which typically results in a much higher costs to the Township than the fine received. 2.

Administrative Monetary Penalties

Section 434.1 of the Municipal Act authorizes “administrative monetary penalties” as a civil mechanism for enforcing compliance with regulatory requirements. AMP – Administrative Monetary Penalties are becoming increasingly more popular in municipalities as they are administered by municipal staff and independent hearing officers which results in a more efficient process than traditional prosecutions as court systems continue to face challenges and delays related to the pandemic. AMP penalties are imposed on persons who fail to comply with municipal by-laws and are administered by municipal staff rather than the court system. Many municipalities are finding the AMP process much more efficient than traditional prosecutions when enforcing by-law infractions. Unpaid AMPS (Administrative Monetary Penalties) can also be assigned to property taxes whereas POA offences cannot, which further promotes compliance. Unfortunately AMP By-laws cannot be applied to Zoning By-law infractions which can only be enforced through Provincial Offences. Previous Use of AMPS The proposed blanket AMPS by-law is not the Township’s first use of Administrative Monetary Penalties. Council will recall that By-law 2020-25 that prohibits pedestrians from standing and/or loitering at all times along the Devil Lake Causeway was passed last year and included the provision for imposing an administrative monetary penalty. This by-law provides for a screening officer, a hearings officer and outlines the penalty notice process. Anyone who contravenes the by-law shall be given an “Administrative Monetary Penalty Notice” in an amount not to exceed $500.00 for each day or part of a day. Summary Staff are seeking Council approval of the attached AMPS By-law prior to establishing penalties under the by-law associated with that Township’s various by-laws. Once passed, penalties would be identified for existing or future by-laws in the form of schedules to the By-law. Those penalties could mirror existing set fines or could be updated to better promote compliance.

Natural, Vibrant and Growing – a Progressive Rural Leader

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REPORT TO COUNCIL CLERKS DEPARTMENT

This by-law was initially drafted with the assistance of legal counsel when the Devil Lake Causeway By-law was established. It is being considered for used as a template for the other Frontenac’s as well. Example Application By-law 2004-93, being the “trailer” by-law has an associated fine of $300.00 for non-compliance that would be required to be processed through POA court. When the AMP By-law is in passed, a schedule will be attached that would fine the property owner $500.00 initially and then an additional per day charge would be applied for each day the property remains in non-compliance (illegal trailer has not been removed) with the initial fine and associated penalties being added to the tax roll if not paid by the date specified.

FINANCIAL IMPLICATIONS: Use of AMPS may initially result in higher penalty revenues but are expected to promote greater compliance and act as a deterrent to recurring infractions. Court costs would be substantially reduced for appellants and the Township.

ATTACHMENTS By-law 2021-44 (under the by-law section of the agenda) Prepared by: Angela Maddocks Clerk Submitted/approved by: Neil Carbone Chief Administrative Officer

Natural, Vibrant and Growing – a Progressive Rural Leader

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REPORT TO COUNCIL TREASURY DEPARTMENT

AGENDA DATE:

August 17th, 2021

SUBJECT:

ICIP-COVID-19 grant

RECOMMENDATION: That Council authorize the Mayor and the Clerk to execute a transfer payment agreement with the Province of Ontario for an ICIP COVID-19 grant in the amount of $100,000 for accessibility improvements to the Township Hall at 4432 George Street in Sydenham. BACKGROUND: The 2021 capital budget includes a project for Town Hall upgrades including an accessible entrance ramp and front step. The project was initially approved in 2020 for an amount of $125,000, then in 2021 the budget was increased to $300,000 based on updated cost estimates and a need to address additional front entrance issues. Of this budget amount, $100,000 was to be funded from Government sources in anticipation of a grant. ANALYSIS/DISCUSSION: In March 2021, staff submitted a grant application under the ICIP COVID-19 stream in the amount of $100,000, which was the maximum available grant allocation. The Township received notification it was successful in its application and is now required to sign a transfer payment agreement with the Province to access the grant funding. The transfer payment agreement needs to be executed by Council and sent to the Province by Friday September 3rd. FINANCIAL IMPLICATIONS: The $100,000 grant was an anticipated revenue source for the project so no changes to the project scope, budgets or the amounts to be funded from reserves will result from this grant. ATTACHMENTS:

“Natural, Vibrant and Growing – a Progressive Rural Leader”

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zOE ..Som

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REPORT TO COUNCIL RECREATION DEPARTMENT

AGENDA DATE:

August 17th, 2021

SUBJECT:

Open Farms 2021 – Sale and Service of Alcohol

RECOMMENDATION: That Council approve the sale and service of alcoholic beverages at Centennial Park in Harrowsmith from 11:00 am – 4:00 pm on September 11th & 12th, 2021 as per ByLaw 2003 – 90 10(c), subject to a suitable agreement being entered into with Harrowsmith Brewing Company. BACKGROUND: Open Farms is set to take place in-person throughout the Frontenac County and Kingston region on September 11th and 12th, and virtually the week after. Open Farms has been welcoming visitors to this region to celebrate local agriculture, food producers, the land, and each other since 2018. The event has grown quickly, and as organizers work through the pandemic, opportunities are being explored to provide safe programming to add to the offerings. New this year will be the Community Hub at Centennial Park in Harrowsmith. Organizers will welcome visitors to the park for both days of the event where they will be encouraged to make community connections and learn about local food topics and issues within the centrepiece of the Community Hub – The Frontenac Farmers Market, which will feature local farmers, producers and artisans. DISCUSSION/ANALYSIS: Township staff, in partnership with Harrowsmith Brewing Company wishes to host a small ‘beer garden’ as a trial activity this year during the event to be operated by the Harrowsmith Brewing Company. Due to the timeframe for approvals, the Township has applied for a Special Occasion Permit (SOP) through the Alcohol and Gaming Commission of Ontario; however, Council approval is required to permit the sale of Alcohol within a Township Park as per By-law 2003-90 which regulates the use of parks. The Harrowsmith Brewing Company are required to be certified through Ontario Smart Serve and the sales and service of alcohol would be in accordance with all legal requirements mandated by Ontario Smart Serve and the Alcohol and Gaming Commission of Ontario. If supported by Council, the operation of the beer garden would be subject to an additional agreement between the Township of South Frontenac and Harrowsmith Brewing Company to address matters such as insurance, adherence to the requirements of the SOP and other requirements to ensure public safety and mitigate risk. FINANCIAL/STAFFING IMPLICATIONS: None ATTACHMENTS: None

Natural, Vibrant and Growing – a Progressive Rural Leader

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REPORT TO COUNCIL RECREATION DEPARTMENT

Prepared by: Amanda Pantrey Program, Events & Education Coordinator Submitted/approved by: Tim Laprade Arena & Recreation Manager Approved by: Neil Carbone Chief Administrative Officer

Natural, Vibrant and Growing – a Progressive Rural Leader

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-40 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO RURAL – SPECIAL PROVISION (RU-63) ON LANDS DESCRIBED AS DEYOS ROAD, PART 3 ON REFERENCE PLAN 13R-1068, PART OF LOT 3, CONCESSION 3, DISTRICT OF BEDFORD: CRAIG 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; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.

THAT Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural – Special Provision (RU-63) for the lands shown on Schedule “1”.

THAT Zoning By-law number 2003-75 as amended is hereby further amended by adding a new section RU-63 (Deyos Road, Part 3 on Reference Plan 13R1068, Part of Lot 3, Concession 3, District of Bedford – Craig) immediately after Section RU-62 (984 Leland Road, Part of Lot 22, Concession 9, District of Loughborough – Green) to read as follows: RU-63 (Deyos Road, Part 3 on Reference Plan 13R-1068, Part of Lot 3, Concession 3, District of Bedford – Craig) Notwithstanding the provisions of Section 7 or any other provision of this By-law to the contrary, on the lands zoned Special Rural (RU-63), the following provisions apply: • •

• •

A second dwelling unit in an accessory building shall be permitted. A second dwelling unit shall mean an accessory building which contains one or more habitable rooms designed and occupied as an independent dwelling in which living, kitchen, and bathroom facilities are provided and which is located on the same lot as a single detached dwelling. The single detached dwelling and the second dwelling unit in an accessory building shall be established in close proximity to each other and shall be accessed by a shared driveway, and be serviced by a shared sewage system and well. The minimum setback from the front lot line for a single detached dwelling shall be 14.9 Metres (48.8 ft.) The minimum setback from the front lot line for a second dwelling unit in an accessory building shall be 11.7 Metres (38.3 ft.).

All other provisions of this by-law shall apply. 3.

THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this 17th day of August, 2021. Read a first and second time this 17th day of August, 2021.

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Read a third time and finally passed this 17th day of August, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

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Schedule 1 This is Schedule “1” to By-law No. 2021-40.

Passed this 17th day of August, 2021


Ron Vandewal, Mayor


Angela Maddocks, Clerk

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-41 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND CADEN CRAIG. WHEREAS a Site Plan and Site Plan Agreement have been prepared to the satisfaction of the Township of South Frontenac; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.

THAT the Mayor and the Clerk are hereby authorized to execute a Site Plan Agreement between the Corporation of the Township of South Frontenac and Caden Craig, a copy of which is attached hereto forming part of this By-law.

THAT the Agreement shall be registered on title of the property described as Lot 3, Reference Plan 13R1068, Part Lot 3, Concession 3, District of Bedford, Township of South Frontenac.

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

Dated at the Township of South Frontenac this 17th day of August, 2021. Read a first and second time this 17th day of August, 2021. Read a third time and finally passed this 17th day of August, 2021.

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

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SITE PLAN CONTROL AGREEMENT THIS AGREEMENT made in triplicate this _____ day of

, 2021.

BETWEEN: CADEN CRAIG hereinafter referred to as the “Owner” OF THE FIRST PART

AND WHEREAS the Municipality is authorized to enter into this agreement and register it against the title to the Lands pursuant to section 41 of the Planning Act;

NOW THEREFORE WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties agree each with the other as follows: 1.

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

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

General 2.1.1

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

2.1.2

That the uses on the subject property are limited to a single detached dwelling, a second dwelling unit in an accessory building (labeled “Proposed Ancillary Building” on the Site Plan Drawing), and accessory buildings and structures.

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2.1.3

2.2

That a building permit for the single detached dwelling shall be applied for in advance of, or at the same time, as a building permit application for the second dwelling unit.

Environmental Protection 2.2.1

That the land between the front lot line and the single detached dwelling, and between the front lot line and the second dwelling unit, must remain in a vegetated state to establish a natural buffer that helps to visually screen the dwellings from the road. There shall be no cutting of trees within the natural buffer area except for safety reasons or for the removal of dead trees.

2.2.2

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

2.2.3

That stormwater management best practices shall be employed to reduce the energy of runoff from the property, including roof runoff from the single detached dwelling, the additional dwelling unit in an ancillary building and any accessory buildings and structures.

2.2.4

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

3.0

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

4.0

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

5.0

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

6.0

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

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7.0

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

8.0

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

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal - Mayor


Angela Maddocks - Clerk We have authority to bind the Corporation


Caden Craig

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SCHEDULE “A” OWNER’S LANDS Legal Description: Lot 3, Reference Plan 13R1068, Part Lot 3, Concession 3, District of Bedford, Township of South Frontenac, County of Frontenac Assessment Roll Number: 102902004001202

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SCHEDULE “B” DRAWING AND REPORT LIST Site Plan Drawing

Site Plan/Grading Plan of Part 3, Plan 13R-1068, Township of South Frontenac, Prepared by IBW Surveyors, Dated May 19, 2021, Scale 1:250.

THE ORIGINAL OF ALL PLANS LISTED IN THIS SCHEDULE AND INCORPORATED BY REFERENCE INTO THIS AGREEMENT ARE ON FILE IN THE OFFICE OF THE SOUTH FRONTENC

DEVELOPMENT SERVICES DEPARTMENT AND SHALL GOVERN IN THE EVENT OF ANY DISPUTE.

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-42 BEING A BY-LAW TO CORRECT THE ORIGINAL BY-LAW 2021-30 PERTAINING TO THE LANDS BEING PART 1 PLAN 13R22405, PART OF RIDEAU CRESCENT, PLAN 1316,

WHEREAS the previous by-law to stop up close and sell a portion of an unopened road allowance incorrectly described the subject property as 30 Rideau Crescent Lane AND WHEREAS Council wishes to amend the previous by-law 2021-30 to correctly reference 5508 Rideau Road and remove the reference to 30 Rideau Crescent Lane, NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.

By-Law 2021-30 shall be amended as such that paragraph #2 shall read “THAT the lawyer registering the transfer make Application to Consolidate Parcels for the portion of road allowance being Part 1, Plan 13R22405, Part of Rideau Crescent, Geographic Township of Storrington, Township of South Frontenac to be consolidated with the PIN for the abutting property that it is enlarging, being Lot 21, Plan 1316, Block C, Part 1 on Plan 13R13136, District of Storrington, municipally known as 5508 Rideau Road, being all of PIN No. 362870306; and”

This by-law shall come into force and take effect on the date of registration of this by-law.

Dated at the Township of South Frontenac this 17th day of August, 2021. Read a first and second time this 17th day of August, 2021. Read a third time and finally passed this 17th day of August, 2021.

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

Page 137 of 169 TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-43 BEING A BY-LAW TO STOP UP, CLOSE AND SELL A PORTION OF AN UNOPENED ROAD ALLOWANCE BEING PARTS 13 and 15, PLAN 13R22455, PART OF ROAD ALLOWANCE BETWEEN CONCESSION 9 & 10, LOT 20, DISTRICT OF STORRINGTON; 2290998 Ontario Inc.

WHEREAS, the Municipal Council of the Township of South Frontenac may pass a by-law to stop up, close and sell any highway or part thereof pursuant to the Municipal Act, section 34(1): AND WHEREAS pursuant to the Township of South Frontenac’s Notice By-law No. 2016-73, the Corporation of the Township of South Frontenac caused to be advertised the proposal to close portions of the said road allowance: AND WHEREAS the said road allowance is not used as a publically travelled road: AND WHEREAS no objections have been received to the road closing: NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.

THAT the portion of road allowance in Part 13 on Plan 13R22455, Part of the Road Allowance between Concession 9 & 10, Lot 20 Geographic Township of Storrington, Township of South Frontenac, shall be stopped up and closed and ownership transferred to the abutting property owner of Part Lot 20 Concession 9, District of Storrington, being all of PIN No. 36288-0771;

THAT the portion of road allowance in Part 15 on Plan 13R22455, Part of the Road Allowance between Concession 9 & 10, Lot 20 Geographic Township of Storrington, Township of South Frontenac, shall be stopped up and closed and ownership transferred to the abutting property owner of Part Lots 20 & 21 Concession 10, District of Storrington, being all of PIN No. 36288-1400;

THAT the Mayor and Clerk are hereby authorized and directed to execute such documents as are required; and

THAT this By-law shall come into force and take effect upon registration of this By-law. Dated at the Township of South Frontenac this 17th day of August, 2021. Read a first and second time this 17th day of August, 2021. Read a third time and finally passed this 17th day of August, 2021.

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-44 BEING A BY-LAW TO IMPOSE ADMINISTRATIVE MONETARY PENALTIES ON VIOLATIONS OF MUNICIPAL BY-LAWS


WHEREAS the Municipal Act, 2001, as amended, permits municipalities to enact bylaws under the category of “broad powers’ relating to the health, safety and well-being of residents of South Frontenac, and under the category of “spheres of jurisdiction” namely highways, including parking and traffic on municipal highways, AND WHEREAS the Council of the Corporation of the Township of South Frontenac considers it desirable and necessary to provide for a system of administrative penalties and administrative fees for the designated township by-laws or portions of a designated township bylaw, AND WHEREAS Section 434.1 (1) of the Municipal Act, 2001, provides that without limiting sections 9, 10 and 11, a municipality may require a person to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any by-laws respecting the parking, standing or stopping of vehicles. 2006, c. 32, Sched. A, s. 45. DEFINITIONS: CAO - shall mean the Chief Administrative Officer or their designate. Screening Officer - shall mean the “Clerk” Hearing Officer - shall be an impartial person outside of the organization and shall be appointed by the CAO when required

NOW THEREFORE BE IT RESOLVED THAT

  1. By-laws subject to Administrative Monetary Penalty 1.1. Any and all schedules attached and forming part of this by-law shall be subject to fines as outlined in Sections 1.2 and 1.3 below 1.2. Any person who contravenes this By-law is guilty of an offence under the Provincial Offences Act and upon conviction is liable to a minimum fine of $300 and a maximum fine of $5,000. 1.3. Any person who contravenes this By-law is liable to pay an Administrative Monetary Penalty in an amount as outlined in the relevant schedule(s) to this by-law, in accordance with this By-law, provided that an offence notice has not been issued for the same person for the same offence on the same day.
  2. Administrative Monetary Penalty Notice 2.1. Subject to section 3, each Person who contravenes this By-law shall, if given an Administrative Monetary Penalty Notice (hereinafter referred to as “Penalty Notice”), be liable to pay to the Township of South Frontenac (hereinafter the “Township”) an Administrative Penalty as outlined in the relevant schedule(s) to this by-law, any person designated to enforce this By-law (hereinafter an “Officer”) who has reasonable grounds to believe that a person has

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contravened any provision of this By-law may give to the person a Penalty Notice. 2.2. The Penalty Notice shall be given to the person as soon as is reasonably practicable after the contravention has occurred and shall include the following information: a. the date the Penalty Notice is given; b. a reference number that is unique to that Penalty Notice; c. particulars of the contravention, including the date and location of the contravention, and the person(s) to whom the Penalty Notice is being given; d. the monetary amount of the Administrative Penalty; e. such information as the CAO determines is appropriate respecting the process by which the Person may exercise the Person’s right to request a review of the Administrative Penalty; and f. a statement advising that an Administrative Penalty will, unless cancelled or reduced pursuant to the review and appeal processes, constitute a debt of the Person to the Township. 2.3. A person who is given a Penalty Notice may request that the Administrative Penalty be reviewed by a Screening Officer pursuant to section 3. 3. Review by Screening Officer 3.1. Section 3 applies to reviews of an Administrative Penalty by a Screening Officer. 3.2. A person’s right to request a review expires if it has not been exercised in the manner prescribed in section 3.5 before 4:30 p.m. on the fifteenth (15th) day after the Penalty Notice is deemed to have been received pursuant to section 5. 3.3. A person’s right to request an extension of the time to request a review expires if it has not been exercised in the manner prescribed in section 3.5 before 4:30 p.m. on the tenth (10th) day after the date the Penalty Notice is deemed to have been received pursuant to section 5: 3.4. If a review has not been requested on or before the 15th day after the Penalty Notice is deemed to have been received pursuant to Section 5 a. the person shall be deemed to have waived the right to request a review; b. the Administrative Penalty shall be deemed to be affirmed; and c. the Administrative Penalty shall not be subject to review, including review by any Court. No extension granted under this section will extend beyond the thirtieth (30th) day after the date receipt of the Penalty Notice is deemed to have occurred pursuant to section 5. 3.5. A person’s rights to request a review and/or to request an extension of time to request a review are exercised by giving to the Township written notice of such request(s) that includes:

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a. the Penalty Notice Number; b. the person’s mailing address and, if applicable, facsimile transmission number and/or e-mail address; c. in the case of a request to extend the time to request a review, the reasons, if any, for having failed to exercise the right to request a review within the time limited by section 3.2; and d. in the case of a request to review, the particulars of all grounds upon which the request to review is based. 3.6. The Screening Officer shall undertake the review upon receipt of the request for review and may request further information from the person requesting the review as needed, and any time limit for the review may be adjusted in the Screening Officer’s sole discretion. 3.7. The Screening Officer may a. receive submissions from the Officer who issued the Penalty Notice under review; and b. cancel, reduce or extend the time for payment of the Administrative Penalty where the Screening Officer is satisfied that doing so would maintain the general intent and purpose of this By-law and that: (i) there is reason to doubt that the person contravened this Bylaw; or that (ii) the person took all reasonable steps to prevent the contravention; or that (iii) the cancellation, reduction or extension of the time for payment is necessary to relieve undue financial hardship. 3.8. The Screening Decision shall be given to the person in writing as soon as is reasonably practicable. 3.9. The person may appeal to a Hearings Officer against the Screening Decision pursuant to section 4. 4. Appeal to Hearings Officer 4.1. Section 4 applies to appeals to a Hearings Officer against Screening Decisions: 4.2. The right to appeal is limited to the following: a. a person who has been given a Screening Decision; or b. the CAO. 4.3. A Person’s right to appeal expires if it has not been exercised in the manner prescribed in section 4.6 before 4:30 p.m. on the fifteenth (15th) day after the Screening Decision Date. 4.4. A person’s right to request an extension of the time to appeal expires if it has not been exercised in the manner prescribed in section 4.5 before 4:30 p.m. on the tenth (10th) day after the Screening Decision Date. 4.5. If a notice of appeal has not been received on or before the 15th day after the Penalty Notice is deemed to have been received pursuant to section 5;

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a. the person shall be deemed to have waived the right to appeal; b. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall be deemed to be affirmed; and c. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall not be subject to review, including review by any Court. No extension granted under this section will extend beyond the Thirtieth (30th) day after the Screening date. 4.6. A right to appeal is exercised by giving to the Township written notice of the appeal that includes: a. the Penalty Notice Number; b. the person’s mailing address and, if applicable, facsimile transmission number and/or e-mail address; c. in the case of a request to extend the time to appeal, the reasons, if any, for having failed to exercise the right to appeal within the time limited by section 4.3; and d. particulars of all grounds upon which the appeal is made. 4.7. The person shall be given no fewer than seven (7) days’ notice of the date, time and place of the hearing of the appeal. 4.8. Where the Person fails to appear at the time and place scheduled for a hearing of the appeal: a. the Person shall be deemed to have abandoned the appeal; b. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall be deemed to be affirmed; c. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall not be subject to review, including review by any Court; and d. the person shall pay to the Township an additional Fee for failure to appear in the amount of $100. 4.9. Except in the case of a person who is deemed to have abandoned their appeal, a Hearings Officer shall not make any decision respecting an appeal unless the Hearings Officer has given each of the person, the CAO and the Officer who gave the Penalty Notice an opportunity to be heard at the time and place scheduled for the hearing of the appeal. 4.10. Subject to sections 4.4, 4.7 and 4.8, a Hearings Officer may: a. extend the time to request an appeal; and may b. make any decision that the Screening Officer could have made pursuant to this By-law. 4.11. The decision of a Hearings Officer is final and not subject to review including review by any Court.

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  1. Notice 5.1. Subject to section 5.3, any notice or document respecting this By-law, including the Penalty Notice, may be given in writing in any of the following ways and is effective: a. when a copy is placed on or affixed in any manner to a Person’s vehicle; b. when a copy is delivered to the person to whom it is addressed; c. on the third (3rd) day after a copy is sent by registered mail or by regular lettermail to the person’s last known address; d. upon the conclusion of the transmission of a copy by facsimile transmission to the person’s last known facsimile transmission number; or e. upon the sending of the notice or document or a copy thereof by e-mail transmission to the person’s last known e-mail address. 5.2. For the purpose of section 5.1, a person’s last known address, last known facsimile transmission number and last known e-mail address are deemed to include those provided by the person pursuant to paragraphs 3.4(b) and 4.5(b). 5.3. Any notice or document respecting this By-law to be given to the Township shall be in writing, shall be given in any of the following ways, and is effective: a. when a copy is delivered to the Clerk of the Township during regular business hours at its reception area, at 4432 George Street, Sydenham, Ontario; b. on the third (3rd) day after a copy is sent by registered mail or by regular lettermail to “Administrative Penalties, Township of South Frontenac, c/o Township Clerk, 4432 George Street, Sydenham, Ontario, K0H 2T0”; or c. upon the conclusion of the transmission of a copy by facsimile transmission to 613-376-6657.
  2. Financial Administration 6.1. No Officer who gives a Penalty Notice may accept payment of the Administrative Penalty respecting that Penalty Notice. 6.2. An Administrative Penalty that is affirmed or reduced or in respect of which the time for payment has been extended pursuant to this By-law is due and payable and constitutes a debt to the Township of each person to whom or to which the Penalty Notice was given. 6.3. The Township may add to the Tax roll of any person who fails to pay an Administrative Penalty the amount of the Administrative Penalty, including any additional penalties imposed under section 6.5, and collect all amounts in the same manner as municipal taxes. 6.4. Where a person has paid an Administrative Penalty or an administrative fee that is then cancelled or reduced pursuant to this By-law, the Township shall refund the amount cancelled or reduced. 6.5. Where an Administrative Penalty or any administrative fees respecting that Administrative Penalty are not paid within fifteen (15) days after the date that they become due and payable, each person to whom the Penalty Notice was

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given shall pay to the Township an additional Fee for late payment in an amount of $25. 7. General 7.1. The CAO may appoint as Screening Officers and Hearings Officers such individuals and on such terms as the CAO considers appropriate. 7.2. Nothing in this By-law limits the Township’s right to enforce this By-law by any other legal means or to use any other process of enforcement available under law. That this by-law shall come into force and take effect on the date of its passing. Read a first and second time this 17 day of August, 2021. Read a third time, signed and sealed this 17 day of August, 2021.

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

Page 144 of 169

INFORMATION REPORT TO COUNCIL TREASURY DEPARTMENT AGENDA DATE:

August 17th, 2021

SUBJECT:

Quarterly Financials

RECOMMENDATION: This report is for information only. ANALYSIS/DISCUSSION: Attached are the year to date financials with a comparison to year to date budget as well as a column which reflects the total 2021 budget. The first attachment provides variances for operations and the second attachment provides a summary of the variances for the Capital budget. Operations Year to date revenues totalling $23,262,704 are $617,895 under budget while year to date expenses total $11,270,619 and are $2,752,186 under budget. The comparison to budget is based on the year to date budget to June 30th. Some of the variances within the operating expenses can be attributed to: • Quinte Conservation Authority levy being $3,670 more than budgeted • The remaining can be attributed to timing. Capital Capital expenses are under budget by $18,156,362. This is largely attributed to the anticipated start date of projects into the summer and fall. The comparison to budget is based on the yearly budget and is based on actuals to July 12th. ATTACHMENTS: Council - Quarterly Financials to June 30 - Operating Council - Financials - Capital to July 12 Prepared by: Kyle Griese Financial Analyst Submitted/approved by: Louise Fragnito Director of Corporate Services & Treasurer

“Natural, Vibrant and Growing – a Progressive Rural Leader”

TOWNSHIP OF SOUTH FRONTENAC For the Six Months Ending June 30, 2021

INC STATEMENT BvA-Council

Operating

2021 Year Budget

2021 YTD Budget

2021 YTD Actuals

YTD Actual vs YTD Budget Variance

20,821,043 1,167,219 1,316,301 1,834,924 14,000 353,000 370,000 6,000 0 531,980 26,414,467

20,821,043 568,584 670,030 917,462 7,000 176,500 185,000 3,000 0 531,980 23,880,599

20,700,536 512,699 839,028 948,140 0 23,803 93,220 34,264 111,014 0 23,262,704

(120,507) (55,885) 168,998 30,678 (7,000) (152,697) (91,780) 31,264 111,014 (531,980) (617,895)

5,343,455

4,065,861

3,657,135

(408,726)

1,850,514 3,063,362 244,380 118,212 1,668 1,002,250

1,139,516 1,531,681 243,380 61,685 834 558,312

994,481 1,471,110 246,821 43,103 36 435,304

(145,035) (60,571) 3,441 (18,582) (798) (123,008)

4,363,973 2,476,430

2,496,038 1,485,858

1,511,335 891,307

(984,703) (594,551)

395,350 2,801,353 942,476 546,342 23,149,766 (3,264,701)

280,517 1,441,695 441,127 276,301 14,022,805 (9,857,794)

66,753 1,301,378 391,680 260,177 11,270,619 (11,992,084)

(213,764) (140,317) (49,447) (16,124) (2,752,186) (2,134,290)

REVENUE Property Taxation User Charges Licenses, Permits and Rents Government Grants Grants from Other Municipalities Investment Income Penalties and Interest on taxes Donations Other Transfer from Reserves/Reserve Funds Total Revenues

OPERATING EXPENSE General Government Protection to Persons and Property Fire Police Conservation Authorities Protective Inspections and Control Emergency Measures Building Department Transportation Services Roadway Maintenance Winter Control Environmental Services Water System Solid Waste Management Parks, Recreation and Cemeteries Planning and Development Total Expenses TOTAL

Page 145 of 169

2021-06-30 1 of 1

Page 146 of 169 13

2021 South Frontenac Capital Budget with Carryovers

GENERAL GOVERNMENT Corporate Services Carryovers Server Upgrade

PROJECT

TOTAL

2021

2021

YEAR(S)

PROJECT

BUDGET

ACTUALS

(REVISED WITH CARRYOVERS)

TO July 12TH

VARIANCE

2019

27,000

27,000

1,181

Asset Management Software & Document Update

2019

72,500

72,500

0

Budgeting software incl reporting, self serve and metrics

2020

50,000

13,773

1,030

2020 2020/21

45,000 25,000

45,000 15,765

21,461 6,029

-12,743 -23,539 -9,736

2021 2021

15,000 25,000 259,500

15,000 25,000 214,039

0 1,242 30,944

-15,000 -23,758 -183,095

Building/Planning Software & Support

2020-2021

344,050

83,194

41,949

-41,245

Large Format Scanner Inspection Truck- SUV (Part 8 Specialist) Sub-total Fire

2021 2021

15,000 50,000 409,050

15,000 50,000 148,194

0 45,862 87,811

-15,000 -4,138 -60,383

2019

15,000

15,000

0

-15,000

2020

63,000

63,000

24,148

-38,852

2020

12,000

12,000

0

-12,000 0

2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021

432,477 375,000 114,500 21,600 55,000 25,000 18,000 38,000 11,200 6,800 5,000 5,700 1,198,277

432,477 150,000 114,500 21,600 55,000 25,000 18,000 38,000 11,200 6,800 5,000 5,700 973,277

0

-432,477

0 87,086 20,852 33,616 20,542 17,148 0 6,813 6,310 1,299 5,039 222,854

-150,000 -27,414 -748 -21,384 -4,458 -852 -38,000 -4,387 -490 -3,701 -661 -750,423

1,607,327

1,121,471

310,665

-810,806

2019 2019

40,000 40,000

40,000 38,778

0 206

-40,000 -38,572

2021 2021 2021 2021 2021 2021 2021 2022

300,000 40,000 450,000 40,000 35,000 460,000 400,000 600,000

300,000 40,000 450,000 40,000 35,000 460,000 400,000 600,000

0 0 0 0 0 0 0 0

-300,000 -40,000 -450,000 -40,000 -35,000 -460,000 -400,000 -600,000

14,415,920

10,662,151

1,350,149

-9,312,002

16,820,920

13,065,929

1,350,355

-11,715,574

2018

95,000

91,512

0

-91,512

2020

50,000

50,000

0

-50,000

145,000

141,512

0

-141,512

2019

45,000

6,400

0

-6,400

Salem WDS- Vegetation & Benthic Monitoring

2020

8,500

8,500

0

-8,500

Green Bay WDS - Additional Monitoring Wells Sub-total Total

2020

20,000 73,500 218,500

20,000 34,900 176,412

0 0 0

-20,000 -34,900 -176,412

Town Hall - Upgrade Electronic Sign Branding Strategy and Implementation New Projects Council Chambers Furniture Upgrades Verona Master Plan Total - Corporate Services

-25,819 -72,500

PROTECTIVE SERVICES Building New Projects

Carryovers Firehall Study Volunteer Firefighters - Standardized Uniforms & Safety Boots (125) Breathing Apparatus Bench Tester New Projects Tanker - Station 4 Rapid Response Unit x 5 -2021(2) & 2022(3) Volunteer Recruitment (20) Handheld Radios (36) Extractor/Dryer - Station 4 Hartington Bunker Gear Replacement (10) Hoses and Appliances Wildland Firefighting Suits (100) Blowers (8) Holley Tubes (8) Accountability Equipment (2) Ice Water Rescue Suits (6) Sub-total Total - Protection Services TRANSPORTATION DEPARTMENT Carryovers Storrington Pit Fencing Hartington Fuel System - Addition of gas (PW & Fire) New Projects Tandem Dump Truck Half Ton Truck Motor Grader Two Portable Hoists Water Tank for Tandem Tractors - Mowers x 2 (for 2022 delivery) Tri-axle Preorder Two Tandems Linear Asset Construction-Villages/Local Roads/Arterial Roads (separate Listing) Total SYDENHAM WATER Carryovers Water Hauling Station & Mill Pond Drinking Station Mechanical, instrumentation and eletrical upgrades (Utilites Kington recommended) Total ENVIRONMENTAL SERVICES Sanitation-Disposal Carryovers Loughborough Waste Site - Ground Penetrating radar Required for MOE approval

Page 147 of 169 14

2021 South Frontenac Capital Budget with Carryovers

TOWNSHIP FACILITIES MANAGEMENT Carryovers Energy Retrofits Sydenham Library - Replace plastic fencing on roof Town Hall - Main Floor washroom upgrades

PROJECT

TOTAL

2021

2021

YEAR(S)

PROJECT

BUDGET

ACTUALS

VARIANCE

2018-2020 2019

75,000 5,000

10,036 5,000

0 0

2019

5,000

5,000

0

-5,000 -13,741

-10,036 -5,000

Verona Medical Centre - Stretcher accessibility

2019

15,000

13,741

0

Sydenham - Station 5 - Front Eavesthrough/ asbestos tile removal and replacement

2019

8,500

8,500

0

-8,500

Verona Medical Clinic - Design 2nd floor accessible entrance

2020

5,000

5,000

0

-5,000

Keeley Admin Office - Window Replacement

2020

12,000

12,000

19,384

7,384

2019-2020

450,000

61,179

27,491

-33,688

2019-2021

250,000

239,018

47,800

-191,218

Town Hall - Accessible Entrance Ramp & Front Step

2020-2021

300,000

299,822

1,087

-298,735

New Firehall - replacing Station 8

2021-2022

2,220,000

2,200,000

35,855

-2,164,145

Burridge Fire Hall - Siteworks Portland Garage - Door Operators OPP Building - HVAC/Garage Doors Bedford Sand Dome

2021 2021 2021 2021

20,000 20,000 27,000 35,000

20,000 20,000 27,000 35,000

0 0 0 0

-20,000 -20,000 -27,000 -35,000

Bradshaw Fire Hall - Lighting Retrofit/ Interior Wall

2021

15,000

15,000

5,262

-9,738

Storrington Fire Hall - Lighting Retrofit Admin Office Location Expansion Feasibility Study Total

2021 2021

6,000 20,000 3,488,500

6,000 20,000 3,002,295

0 0 136,878

-6,000 -20,000 -2,865,418

2019

35,000

17,566

3,888

-13,678

Keeley Road Improvements (including office/washroom/lunchroom upgrades) New Projects Keeley Road Garage - Communications Tower Relocation & Emergency Repairs

RECREATION Carryovers Gerald Ball Park - Playground structure near soccer field Boat Launch Fencing

2019

5,000

5,000

0

-5,000

Centennial Park - Multi-purpose Lanes

2020

142,464

142,464

75,861

-66,603

Point Park - Pedestrian Access to Tennis Court & Pickle Ball

2020

25,000

25,000

0

-25,000

Point Park - Additional Dock for paddle sports

2020

6,000

1,709

-680

-2,389

Davidson Beach - Access Road to swim area Boat Launch Upgrades - Shipyards Recreation Master Plan New Projects Wilmer Park Pumphouse Repairs Storrington Centre Upgrades Playground Rubberized Surfaces Bowes Park - Accessible Washrooms

2020 2019-20 2020

50,000 25,000 58,545

50,000 8,272 44,512

0 0 19,726

-50,000 -8,272 -24,786

2019-2021 2019-2021 2020-2021 2020-2021

16,000 400,000 80,000 80,000

16,000 400,000 64,741 80,000

0 0 0 0

-16,000 -400,000 -64,741 -80,000

2020-2021

35,000

35,000

0

-35,000

2021 2021 2021 2021 2021 2021

55,000 30,000 10,000 10,000 20,000 0

0 30,000 10,000 10,000 20,000 0

0 0 0 0 0 79,695

0 -30,000 -10,000 -10,000 -20,000 79,695

1,083,009 1,680,375

960,264 1,343,750

178,491 0

-781,774 -1,343,750

176,000 15,000 100,000 291,000

175,232 15,000 100,000 290,232

10,698 0 0 10,698

-164,534 -15,000 -100,000 -279,534

25,449,131

20,174,392

2,018,030

-18,156,362

Bowes/Centennial/Inverary/Point Ball Diamonds McMullen Park Court Boat Launch Upgrades-Deyos/Bunker Hill Battersea Park Gates Sunbury/Gerald Ball Park Bleachers Petworth Mill Improvements* Bellrock Mill Total - Recreation Total - Arena PLANNING New Projects Official Plan Development of Subdivision /Condo Standards Servicing Options Study Total - Planning TOTALS

2019-2021 2021 2021

2021 South Frontenac Capital Budget - with Carryovers Year 2021 with carryovers Linear Asset Construction Schedule

Carryovers

Perth Road Intersection Design work - @ Northway Hardware Perth Road Preservation Replace and widen for two lanes Buck Bay Road Bridge Removal, Close Road at Structure Bunker Hill Road Bridge Design 2019 - 2020, Replace 2020 Fish Creek Road Bridge Replace 2020 Hinchinbrooke Road North Culvert Widen, Boat Launch Perth Road at Buck Lake - Design Stars Corner/Yarker Road and Wilton Road Intersection Design

Project Year(s) 2019 2019 2020 2020 2019-2020 2020 2020 2020 - 2021

Total Project 2021 Budget 50,000 38,242 620,000 56,227 550,000 550,000 110,000 93,232 795,000 754,725 361,000 163,902 50,000 49,562 705,800 69,447

2021 Actuals to July 12th 0 72,466 0 6,848 0 4,067 0 9,692

Variance -38,242 16,239 -550,000 -86,384 -754,725 -159,835 -49,562 -59,755

New Projects

Carrying Place Road Bunker Hill/Deyos Road Hinchinbrooke Road Hinchinbrooke Emergency Repairs Battersea Road Stafford Lane Culvert North Shore Road Culvert Hard Surface Preservation Hard Surface Preservation Battersea - New Sidewalks Guiderail Upgrades Streetlights (includes 18-17/19-14/20-20) Arterial Reserve (Road 38) Total

Micro-surfacing Single Surface Treatment

2018-2021 2018-2021 2020-2021

1,451,708 1,556,800 1,793,100

847,529 1,201,250 1,414,968

383,783 43,806 327,325

-463,746 -1,157,444 -1,087,643

2021 2021 2021 2021 2021 2021 2021 2018-2029 2019-2022

2,800,000 392,212 340,300 500,000 800,000 50,000 50,000 340,000 1,100,000 14,415,920

2,800,000 373,111 340,300 500,000 800,000 50,000 50,000 109,655 400,000 10,662,151

15,191 3,246 5,060 47,884 5,951 0 0 24,830 400,000 1,350,149

-2,784,809 -369,865 -335,240 -452,116 -794,049 -50,000 -50,000 -84,826 0 -9,312,002

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Page 149 of 169

REPORT TO COUNCIL TREASURY DEPARTMENT

AGENDA DATE:

August 17, 2021

SUBJECT:

Investment update

RECOMMENDATION: This report is for information only. BACKGROUND: Legislative Requirements Ontario Regulation 373/11 requires a municipality to report to Council at least annually if it has invested in securities prescribed under the Regulation. The main requirements of the annual report are outlined below: •

A statement of performance of the portfolio in the period covered in the report.

Details of the proportion of total investments held in the municipality’s own securities.

A statement by the Treasurer that investments made were consistent with the Township’s investment policy.

Investment Policy The Township’s Investment Policy specifies the types of investments the Township can make to balance the optimal utilization of cash resources while balancing the need to maintain liquidity and reduce risk. The basic objectives of the investment policy are, in order of priority, as follows: a) Security of principal; b) Liquidity requirements; c) Rate of return; Under the policy, Council is to receive a report on the Township’s investments twice annually. This is the first such report for 2021. ANALYSIS/DISCUSSION: As of June 30th, the net change in investment value for 2021 was $211,888.61 compared to an estimated RBC interest calculation of $61,975.48. The net change in our investments is above the interest that would have been received if the funds would have been in our RBC bank account. Through 2021, investments totalling just over $900,000 came to their redemption date. Currently the market is offering very low rates of return on investments in a time horizon as far out as five years. For this reason, the funds were initially kept within the CIBC high interest savings account but were then transferred to the Township’s general bank account with RBC as the interest rate provided was higher than the CIBC or ONE fund high interest savings account through Local Administration Services (LAS). Staff will continue to monitor the market for opportunities to reinvest these funds.

“Natural, Vibrant and Growing – a Progressive Rural Leader”

Page 150 of 169

REPORT TO COUNCIL TREASURY DEPARTMENT

ATTACHMENTS: •

Investments as of June 30th, 2021

Prepared by: Kyle Griese Financial Analyst Submitted/approved by: Louise Fragnito Director of Corporate Services & Treasurer Approved by: Neil Carbone Chief Administrative Officer

“Natural, Vibrant and Growing – a Progressive Rural Leader”

Year 2021 only

Equity HISA JJM Total

Deposit Amended July 2018 893,750.00 0.00 4,764,250.00 5,658,000.00

Deposit Deposit Deposit Amended Amended Amended Jan-19 May-20 Jun-21 893,750.00 893,750.00 893,750.00 5,000,000.00 0.00 0.00 4,764,250.00 14,044,700.00 13,135,471.49 10,658,000.00 14,938,450.00 14,029,221.49

Interest 0.00 1.14 95,663.71 95,664.85

Market Value Adj 201,470.96 0.00 -85,247.20 116,223.76

Redemption/ Purchase 0.00 0.00 -909,228.51 -909,228.51

Net Balance % Change June 30/2021 201,470.96 1,476,163.34 22.54% 1.14 778.72 0.00% -898,812.00 13,354,471.00 0.08% -697,339.90 14,831,413.06 1.42%

Net of Deposit/Purchase

211,888.61

Royal Bank Interest Calculation (Est)

61,975.48

Life- to-date August 2016 to June 2021

Bond UCB Equity HISA JJM Total

Deposit Amended July 2018 0.00 0.00 893,750.00 0.00 4,764,250.00 5,658,000.00

Deposit Deposit Deposit Amended Amended Amended Jan-19 May-20 Jun-21 0.00 0.00 0.00 0.00 0.00 0.00 893,750.00 893,750.00 893,750.00 5,000,000.00 0.00 0.00 4,764,250.00 13,764,250.00 13,135,471.49 10,658,000.00 14,658,000.00 14,029,221.49

Interest

Market Value Adj 135,171.03 -156,868.89 53,121.56 -71,706.82 862.34 600,359.73 162,113.35 0.00 459,528.62 140,040.80 810,796.90 511,824.82

Redemption/ Purchase -3,373,102.14 -1,239,264.74 -130,408.73 -161,334.63 12,754,901.58 7,850,791.34

Net Balance % Change June 30/2021 -3,394,800.00 0.00 -0.64% -1,257,850.00 0.00 -1.48% 470,813.34 1,476,163.34 67.27% 778.72 778.72 0.00% 13,354,471.00 13,354,471.00 4.56% 9,173,413.06 14,831,413.06 9.02%

Net of Deposit/Purchase

802,191.57

Royal Bank Interest Calculation (Est)

456,830.89

In 2021, our investments have had a net increase of $211,888.61 compared to interest that would have been earned in our bank account at $61,975.48. A difference of +149,913.13 Overall, to date our investments have had a net increase of $802,191.57 compared to interest that would have been earned in our bank account at $456,830.89. A difference of +$345,360.68

Page 151 of 169

Page 152 of 169

INFORMATION REPORT TO COUNCIL FIRE DEPARTMENT

AGENDA DATE:

August 17, 2021

SUBJECT:

Terminate Automatic Aid, in favour of Mutual Aid Agreement with Central Frontenac

RECOMMENDATION: This report is for information only. BACKGROUND: On December 11, 2018, SFFR staff presented a Comprehensive Operational Review of the fire protection services in South Frontenac. That report generated 27 staff recommendations that Council could consider over the term of the current council. Recommendation 3.1 stated: Fire Chief to continue to explore beneficial opportunities related to Mutual Aid and Automatic Aid Agreements with other fire departments. SFFR staff has completed a review of all current Mutual Aid and Automatic Aid Agreements. BACKGROUND: The Fire Protection and Prevention Act, R.S.O 1997 (FPPA) provides for the establishment of both automatic and mutual aid agreements between fire services in order to supplement services, provide local coverage through a neighbouring fire department where capacity or geography warrant it, or as a backup for incidents where the local response time or fire fighter complement may be insufficient. Excerpts from the FPPA are below: Part I Definitions Section 1 Automatic aid agreements

(4) For the purposes of this Act, an automatic aid agreement means any agreement under which, (a) a municipality agrees to ensure the provision of an initial response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department in the municipality is capable of responding more quickly than any fire department situated in the other municipality; or (b) a municipality agrees to ensure the provision of a supplemental response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department situated in the municipality is capable of providing the quickest supplemental response to fires, rescues and emergencies occurring in the part of the other municipality. 1997, c. 4, s. 1 (4). Part II Responsibility for Fire Protection Services Section 7 Fire co-ordinators

7 (1) The Fire Marshal may appoint fire co-ordinators for such areas as may be designated in the appointment. 1997, c. 4, s. 7 (1). Natural, Vibrant and Growing – a Progressive Rural Leader

Page 153 of 169

INFORMATION REPORT TO COUNCIL FIRE DEPARTMENT

Duties

(2) A fire co-ordinator shall, subject to the instructions of the Fire Marshal, (a) establish and maintain a mutual aid plan under which the fire departments that serve the designated area agree to assist each other in the event of an emergency; and (b) perform such other duties as may be assigned by the Fire Marshal. 1997, c. 4, s. 7 (2); 2002, c. 18, Sched. N, s. 1. Currently, SFFR is part of a mutual aid plan with all neighbouring fire departments in Kingston, Frontenac, Lennox and Addington. There are two fire co-ordinators, Kingston Fire Chief Shawn Armstrong and Loyalist Fire Chief Fred Stephenson. The area’s mutual aid plan is reviewed annually and is activated when a neighbouring fire service is in need of assistance due to a large incident and/or if their in house resources have been exhausted. This function serves all the area fire departments well. ANALYSIS/DISCUSSION: During the review of all agreements, SFFR staff determined that one Automatic Aid Agreement was still active between the Township of Central Frontenac and Township of South Frontenac. This agreement is dated from 2002. As a result of this agreement, CFFR has been dispatching to SFFR incidents, and vice versa, automatically regardless of need and at an unnecessary cost to both Townships. Following discussion with Central Frontenac Fire and Rescue and Administration personnel, SF staff determined that the agreement is no longer relevant or warranted given South Frontenac’s current staffing complements, resources and the existence of the regional mutual aid agreement. SFFR staff will be initiating the process of terminating the current automatic aid agreement with the Township of Central Frontenac. SFFR will still continue to provide mutual aid assistance to Central Frontenac under the area Mutual Aid Plan defined above in Part II Section 7 of the FPPA, RSO 1997 as will CFFR to South Frontenac, when necessary. The termination of the separate automatic aid agreement with CFFR will not have any impact on service levels in South Frontenac. STRATEGIC PLAN ALIGNMENT: Strategic Priority #3 “Ensure the organizational capacity to deliver cost-effective services in a changing world”. The current needs and circumstances of the Township of South Frontenac require only mutual aid assistance when required from our neighbouring municipal fire services. FINANCIAL/STAFFING IMPLICATIONS: None

Natural, Vibrant and Growing – a Progressive Rural Leader

Page 154 of 169

INFORMATION REPORT TO COUNCIL FIRE DEPARTMENT

ATTACHMENTS: •

2002 Automatic Aid Agreement – SFFR and CFFR

Submitted by: Darcy W. Knott Director of Fire and Emergency Services Fire Chief / CEMC Approved by: Neil Carbone Chief Administrative Officer

Natural, Vibrant and Growing – a Progressive Rural Leader

Page 155 of 169

FIRE PROTECTION SERVICES AGREEMENT

AN AGREEMENT TO PROVIDEMUTUAL AND AUTOMATIC ASSISTANCE FOR FIRE PROTECTION SERVICES BETWEEN: THE CORPORATION OF THE TOWNSHIP OF CENTRAL FRONTENAC, HEREAFTER KNOWN AS THE TOWNSHIP OF CENTRAL FRONTENAC AND: THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BEDFORD DISTRICT, l-TEREAFTER IOIOWN AS THE TOWNSHIP OF SOUTH FRONTENAC WITNESS that the parties hereto mutually convenant and agree as follows:

SECTION 1 MUTUAL AID —

THAT the Township of Central Frontenac Fire and Emergency Services and the Township of South Frontenac, Bedford Districtwill mutually assist each other by supplying equipment and/or human resources on a reciprocal basis at the request of the District Chief or Officer in Charge of a ?re or other emergency. If all the Fire Department resources of the District requesting assistancehave been committed to the incident there will be no charge to the Township requesting assistance. THAT while giving mutual aid assistance the outside department shall be free to return to their own ?re district if the need arises without incurring any liability against the Fire Department or Municipality. THAT the first arriving Officer shall be in command of the ?re or emergency situationuntil relieved by a more senior Officer or by an Officer of the municipality having jurisdiction therein. THAT the Township of Central Frontenac Fire and Emergency Services or the Township of South Frontenac Fire Department shall assume no responsibility or incur any liability whatsoever for any loss, damage, or injury sustained at any ?re or other emergency which might result from the use of ?re ?ghting equipment or other equipment or from the ?re itself.

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SECTIONII AUTOMATIC AID —

THAT the Township of South Frontenac agrees to pay the Township of Central Frontenac the rates set out in Schedule “A” of this agreement for the delivery of ?re protection services in the geographic area set out in Schedule “B” of this agreement. For the purposes of this agreement ?re protection services means and includes the following: i) ?re suppression ii) emergency medical first response iii) rescue and emergency services including vehicle extrication, hazardous material incidents, and ice rescue.

THAT ?re protection services provided under this portion of the Agreement shall be on an automatic aid basis. The Township of Central Frontenac Fire and Emergency Services shall be dispatched as first responders to any incident within the geographic area set out in Schedule “B”. The Township of South Frontenac Fire Department, Bedford District will be dispatched to the said geographic area unless aid is not requested by the Township of Central Frontenac Fire and Emergency Services. The Township of Central Frontenac Fire and Emergency Services shall have command and control of the emergency scene and are authorizedto undertake any and all actions they deem necessary to alleviatethe hazard.

The Fire Chief of each municipality shall determine which equipment shall respond to the said call.

Upon arrival at an emergency incident or as soon as practical, the officer in charge will establish commandand assess the severity and nature of the situation and begin emergency procedures, until the home department (being the Fire Department in which jurisdiction the emergency actually is situated) arrives.

When the incident is within the boundaries of the other municipality, the outside department has the right not to attend because of a commitmentto another emergency incident that is in progress or the right to leave the incident to attend another emergency incident occurring in their home municipality.

Both parties agree and acknowledge that this agreement does not come under the County of Frontenac, Lennox and Addington Mutual Aid Plan.

The department having jurisdiction will be responsible for all investigations and reports for any incidents which occur.

NOTWITHSTANDINGanything herein, if the Township of Central Frontenac

Fire and Emergency Services is unable to respond to the geographic area set out in Schedule “B” for any reason they will notify the Dispatch Centre so that the Township of South Frontenac Fire Department, Bedford District may be made aware. The Township of Central Frontenac shall assume no responsibility or incur any liability whatsoever for any loss, damage or injury caused by any ?re or other emergency in the geographic area set out in Schedule “B”, based on their ability to respond. 9)

No liability shall attach or accrue to the Township of Central Frontenac by reason of any injury or damage sustained by personnel, apparatus, or equipment of the Township of Central Frontenac while engaged in the provision of fire protection services in the geographic area set out in Schedule “B“.

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THE parties agree that this Agreement may be amended at anytime by the mutual consent of the parties, a?er the party desiring the amendment(s) give the other party a minimurn of thirty days written notice of the proposed amendment(s).

THAT this Agreement maybe cancelledby either party upon sixmonthswritten notice delivered to the other party in the Agreement.

THAT this agreement comes into e?ect when signed by both parties and rescinds and replaces all existing ?re services agreements.

IN WITNESS WHEREOF the parties have hereunto set their hands and seals.

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Page 158 of 169

SCHEDULE “A” $350.00 per responding apparatus for up to two (2) apparatus for the first hour and will be paid from the moment a call is dispatched even if cancelled. Upon arrival, which is the pointin time the department having jurisdiction is on scene they may release the assistingdepartment or will request assistance,which will then revert to a mutual aid response ii-omthe assisting department after the first hour.

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SCHEDULE “B”

This agreement appliesto the geographicarea describedas followsand illustratedon the accompanying map, which forms part of the scheduler From Central FrontenacTownship boundary nonh along Bob’s Lake, along the Crow Lake Road to and including Anderson Road, Badour Road, Brash Lane, and Alf Patterson Road. As well as along Road #38 between civic address #11923 to civic address #12477.

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Page 161 of 169

REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT

AGENDA DATE: August 17, 2021 SUBJECT:

Award of Tender # PS-2021-20 – Two Tandem Plow Trucks

RECOMMENDATION: This report is for information. BACKGROUND: On May 18th, 2021, the Public Services Department presented a report to Council with a request to advance with pre-budget approval to allow the tender for two (2) tandem snow plow units. Plow unit 29 (2005) and plow unit 36 (2006) were otherwise forecasted for replacement in the fleet plan for 2022. At the time, staff expressed concerns that supply chains affected by the pandemic were impacting delivery timelines. Staff investigations at that time identified that lead times of up to 14 months could be expected for delivery for similar types of vehicles. During the meeting, the following resolution was passed: Resolution N. 2021-19-05 Moved by Councillor Revill Seconded by Councillor Sleeth That Council provide pre-budget approval for two (2) tandem/snow plow dump trucks in the amount of $300,000 each, in order to obtain delivery in 2022 as scheduled in the Public Services Fleet Replacement Plan. On June 6th, 2021 the Township released tenders for the two units and advertised on the Township’s website. On July 7th, 2021, the bid period for the tender closed with a total of two (2) tender submissions received. The results of the tender bids were as follows:

Supplier Rush Truck Centres of Canada Ltd. (2022 International Model HV613 c/w Viking-Cives Body and Plow Gear) Rush Truck Centres of Canada Ltd. (2022 International Model HV613 c/w ELP Body and Plow Gear)

Total Cost Per Unit (Inc. Non-Refundable HST) $301,948.86

$260,223.38

All of the tender submissions were reviewed for accuracy and found to be compliant with the Township’s procurement bylaw. ANALYSIS AND OPTIONS: The low bid tender submission has been evaluated and found to be in general compliance with the tender specifications. Rush Truck Centres of Canada (formerly Tallman Truck Centre) is a reputable local supplier and has supplied equipment to the Township in the past. Their low bid submission under tender PS-2021-20 includes the supply of two (2) 2022 International Model HV613 tandem units c/w ELP fit ups for snow plows, wing and spreader controls.

Natural, Vibrant and Growing – a Progressive Rural Leader

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REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT The municipality currently has a mix of both ELP and Viking-Cives snow plow equipment in our fleet and staff are satisfied with both providers. FINANCIAL/STAFFING IMPLICATIONS: Pre-budget approval in the amount of $600,000 was granted toward the replacement of the 2005 and 2006 tandem plow units in 2022. The tender results for contract # PS-2021-20 are within budget and under Delegated Authority. The contract has been awarded to Rush Truck Centres of Canada in the amount of $520,446.76 (net HST). These funds are committed upon placing orders, however it should be noted that full payment for these units would not take place until 2022 when the units are ultimately delivered. ATTACHMENTS: None Prepared by: Brian Kirk, CRS-1 Manager of Operations and Fleet Approved by: Louise Fragnito Director of Corporate Services & Treasurer Acting CAO

Natural, Vibrant and Growing – a Progressive Rural Leader

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Office of the Clerk

RESOLUTION OF THE COUNCIL OF THE CORPORATION OF THE COUNTY OF LENNOX AND ADDINGTON Meeting held – July 28, 2021 CC-21-209

WHEREAS the French Public School Board for our region (Conseil des écoles publiques de l’Est de l’Ontario) is proposing to impose a Development Charge of $300$333 per new Residential Unit built in the Town of Greater Napanee, Loyalist and Stone Mills Townships; AND WHEREAS, the Board imposes an education development charge against land undergoing Residential Development or redevelopment in the southern portion of Lennox and Addington County if the Residential Development or redevelopment requires any one of those actions set out below and described in section 257.54 of the Education Act: • the passing of a zoning by-law or an amendment to a zoning by-law • the approval of a minor variance • a conveyance of land to which a by-law passed under the Planning Act applies • the approval of a plan of subdivision • a consent under section 53 of the Planning Act • the approval of a description under the Condominium Act, 1998 • the issuing of a building permit under the Building Code Act, 1992, in relation to a building or structure AND WHEREAS, An Education Development Charge will be collected once in respect of a particular development, but does not prevent the application of the board’s by-law to future development of the same property; AND WHEREAS the Councils of the County of Lennox and Addington, Greater Napanee, Stone Mills and Loyalist have expressed concerns with this charge and its negative impact on the issue of alleviating the affordable housing crisis; AND WHEREAS Greater Napanee, Stone Mills and Loyalist have a very minimal number of eligible electors that support this Board; AND WHEREAS the Board has failed to adequately communicate its intentions locally;

97 Thomas St. E., Napanee, Ontario K7R 4B9

tel: 613-354-4883

fax: 613-354-3112 www.lennox-addington.on.ca

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AND WHEREAS there are no schools from this Board in all of Lennox and Addington County and these funds are designed to pay for a school in the City of Kingston; NOW THEREFORE the Council of The Corporation of the County of Lennox and Addington call on the Minister of Education, the Honourable Steve Lecce, to rescind approval of the proposed Development Charges as they drastically overreach the principle of local growth paying for local services; AND FURTHER that the Minister initiate a review of the Legislation that allows School Boards this opportunity to tax those that receive limited or no benefit; AND FURTHER that this Resolution be shared with ROMA, the other unfairly impacted municipalities in Lennox and Addington County and our Member of Provincial Parliament Daryl Kramp.

CARRIED (signed) Warden Ric Bresee

Tracey McKenzie Clerk tmckenzie@lennox-addington.on.ca

97 Thomas St. E., Napanee, Ontario K7R 4B9

tel: 613-354-4883

fax: 613-354-3112 www.lennox-addington.on.ca

Page 165 of 169

David R. Donnelly, MES LLB david@donnellylaw.ca August 9, 2021 Sent via online submissions form Angela Maddocks, Clerk Township of South Frontenac 4432 George Street, P.O. Box 100 Sydenham, ON K0H 2T0 Dear Ms. Maddocks, Re:

Development in Johnston Point Application for Investigation under the Environmental Bill of Rights, 1993

Concerned residents of South Frontenac Township and clients of Donnelly Law (“we” or the “Firm”) recently submitted an Application for Investigation to the Ministry of the Environment, Conservation and Parks (the “MECP”). The application concerns the proposed development of 15 single-family residential dwellings along the shoreline of Loughborough Lake in the Township of South Frontenac (“South Frontenac” or the “Township”) in Frontenac County (the “County”) by Magenta Waterfront Development Corporation (“Magenta”). The development is set to be constructed on Johnston Point, an environmentally important area for Ontario. The development is within the Frontenac Arch Biosphere where a provincially significant wetland (“PSW”) complex overlaps with an Area of Natural and Scientific Interest identified by the then Ministry of Natural Resources and Forestry (“MNRF”) for protection in 1993. Loughborough Lake and the surrounding area is designated as a UNESCO Biosphere Reserve. Johnston Point has further been identified and recognized as a site of Provincially Significant Woodland and Provincially Significant Wildlife and Fish Habitat. In 2014, the Cataraqui Region Conservation Authority (“CRCA”) recommended deferral on the development proposal over concerns for the property’s natural features and ecological functions. Particularly, the PSW and adjacent lands are a habitat for several threatened and endangered species. Six species at risk on the Ontario list, including Butternut, Myotis Bat and Blanding’s Turtle, have since been documented by independent expert study. The Township’s independent expert peer review noted t. 416 572 0464 × f. 416 572 0465 × 276 Carlaw Ave × Suite 203 × Toronto × Ontario × M4M 3L1

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suitable habitats for nine other species at risk including the Cerulean Warbler, Least Bittern, Eastern Wood-PeWee. Our clients are committed to the protection of, and advocacy for, endangered species in South Frontenac. As such, they are concerned with the proposed development by Magenta at Johnston Point and its impact on the environment and endangered species. The 2016 Ontario Municipal Board (“OMB”) ruling on Johnston Point acknowledged the ongoing public concerns about the risks that this development posed to endangered species and the natural heritage environment. The OMB also noted that the Conditions of Draft Plan Approval would ensure that matters of Provincial and public interest would be appropriately addressed and duly safeguarded. In 2019, as the OMB settlement agreement was set to expire for the first time, this Township’s Council strongly recommended that any extension for the development be denied to Magenta. Chief among Township Council’s concerns was the developer’s unwillingness to sign back the Condominium Agreement that would allow the Township and County to monitor and enforce environmental conditions. Magenta has continuously failed to establish that there will be no negative impacts to the natural features of Johnston Point. Frontenac County has since granted three extensions to Magenta in continued disregard of the will and rationale of the Township Council and residents. In granting the extensions, the County has relied on the internal legal disputes of Magenta or the COVID-19 emergency but failed to acknowledge the fundamental species at risk implications of the development. There has been a lack of due diligence on the part of the developer in obtaining the Overall Benefit Authorization or a s. 17 (2)(c) Permit under the Endangered Species Act prior to initiating development and site alteration activities. The failure to address mandates of environmental protection in the granting of these extensions could result in serious and irreversible negative impacts to Johnston Point. The Township’s Council has also expressed concerns over multiple reports of Magenta conducting site work in this sensitive environment without their knowledge and without an Overall Benefit Permit including: • • •

Undertaking heavy road construction activity and blasting without approval immediately following an OMB hearing on April 4, 2016; Conducting unauthorized vegetation removal in the thirty-metre “Environmental Protection Buffer” around the shoreline in March 2018; and Installing a walking bridge structure in the PSW without permits.

Given our clients’ concerns over Magenta’s apparent violations of various acts and permits, our clients have filed an Application for Investigation with the MECP under the Environmental Bill of Rights, 1993. This Application requests that the MECP investigates whether Magenta has contravened or violated the Endangered Species Act and

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regulations to the Conservation Authorities Act, and or any other acts, regulations or permits that apply to or were issued to Magenta. This Application for Investigation seeks to ensure that the environmental implications of Magenta’s development on Johnston Point are adequately considered before the developers are given a “green light” to proceed with construction and before every avenue of environmental protection has been explored. It seeks to ensure that the planning process and the authorities provided by the Conservation Authorities Act and the Endangered Species Act are respected and carried out. We ask that you share this letter with Council, and that the Township move to provide its support for this Application for Investigation and urge the province to carry out a thorough investigation in determining whether Magenta is or has contravened Ontario’s environmental laws. Your support is crucial to ensuring that Ontario does not lose one of its remaining natural heritage systems. Please do not hesitate to contact me at 416-572-0464, or by email at david@donnellylaw.ca, copying denisa@donnellylaw.ca and justine@donnellylaw.ca should you have any questions or comments concerning this correspondence.

Yours Truly,

David R. Donnelly cc.

Client

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South Frontenac wants your input on Policy Directions for the New Official Plan South Frontenac 2040 Our Community Our Vision Our Plan

The new Official Plan is a key document that guides growth and development within the Township. It will include policies to facilitate housing and economic development and protect important assets such as lakes, natural environment and agricultural lands within the Township. Your input is critical to inform policy direction for the Official Plan. Join us at one of our virtual consultation events to learn more about the process and share your opinions on important planning matters: • • • •

Saturday, August 14, 2021, 10:00 AM - 11:30 AM Thursday, August 19, 2021, 5:00 PM - 6:30 PM Wednesday, August 25, 2021, 10:00 AM - 11:30 AM Tuesday, August 31, 2021, 4:00 PM - 5:30 PM

Each session will use the same format and ask the same questions. Links to attend one of the virtual open houses, as well as information on project background and updates are available on the South Frontenac page at https://engagefrontenac.ca If you are unable to attend one of these virtual sessions – information will be posted on Engage South Frontenac following the open houses so you can provide your input through the website. For any questions about the virtual Open Houses, please contact: Claire Dodds, MCIP, RPP Director of Development Services 613-376-3027x2235 │ officialplan@southfrontenac.net

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-45 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON AUGUST 17, 2021 Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act of any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act S.O. 2001, c. 25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of the jurisdiction described in the Table to Subsection 2,subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O 2001 c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise, and Whereas the Council of the Township of South Frontenac deems it expedient to confirm its actions and proceedings; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, HEREBY ENACTS AS FOLLOWS: 1.

The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on August 17, 2021 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.

That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held August 17, 2021 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.

That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on August 17, 2021 except those taken by by-law and those required by bylaw to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.

Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.

This By-law shall come into force and take effect on the date of its passage.

Read a first and second time this 17 day of August, 2021. Read a third time and finally passed this 17 day of August, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC


Ron Vandewal, Mayor


Angela Maddocks, Clerk

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