Body: Council Type: Agenda Meeting: Regular Date: March 17, 2020 Collection: Council Agendas Municipality: South Frontenac
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Page 1 of 124
TOWNSHIP OF SOUTH FRONTENAC COUNCIL MEETING AGENDA
TIME: DATE: PLACE:
7:00 PM, Tuesday, March 17, 2020 Council Chambers.
Call to Order
a)
Resolution
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
a)
Resolution
Scheduled Closed Session - not applicable
Recess - not applicable
Delegations
a)
James Patenaude, Philip Emon and Jim Miller, Utilities Kingston, re: 2019 Annual Compliance Report for the Sydenham Water Treatment Plant
Public Meeting - not applicable
Approval of Minutes
a)
March 3, 2020 Council Meeting
12 - 19
b)
March 10, 2020 Committee of the Whole Meeting
20 - 24
Business Arising from the Minutes
a)
Notice of Motion - Tree Cutting along lake shorelines
Reports Requiring Action
a)
Approve Transfer Payment Agreement (TPA) with the Ontario Ministry of Municipal Affairs and Housing (MMAH)
26 - 50
b)
SFFR Medical Rapid Response Vehicles
51 - 52
c)
Lyons Landing - Rezoning of Lots 22 to 32, Plan 13M-56 (See Bylaw 2020-13)
53 - 55
4 - 11
25
Page 2 of 124
d)
McGibbon Rezoning - Concession 13, Pt Lot 5, 4462 Wilmer Road (See By-law 2020-14)
56 - 57
e)
Extension of Due Date for Interim Taxes (See By-law 2020-15)
Committee Meeting Minutes - not applicable
By-laws
a)
By-law 2020-13 - Rezone Plan 13M-56, Lots 22 -to 32, to Residential Special Provision (R- 30) Zone
59 - 61
b)
By-law 2020-14 - Rezone Conc 13 Part Lot 5, to Rural - Special Provision Zone (RU-5) 4462 Wilmer Road
62 - 64
c)
By-law 2020-15 - Amend 2020-04 - Interim Tax By-law
Reports for Information
a)
Notice of Motion - Resolution 2019-34-04 - Status of Johnston Point Plan of Condominium
66 105
b)
Tender No. FD-2020-01 - 2020 4 X 4 Mid Sized SUV
106 107
c)
Emergency Management Compliance 2019
108 109
d)
2019 Development Charges Reporting
110 111
e)
Accounts Payable and Payroll Listing
112 122
Information Items - not applicable
Notice of Motions
Announcements/Statements by Councillors
Question of Clarity (from the public on outcome of agenda items)
Closed Session
a)
As permitted by Section 239 (3.1) of the Municipal Act, Council will move into closed session for the purpose of educating or training Council members.
b)
Verbal Update from the Chief Administrative Officer
c)
Move out of Closed Session
By-law
a)
By-law 2020-16 - Delegation of Authority
Confirmatory By-law
a)
By-law 2020-17
58
65
123
124
Page 3 of 124
Adjournment
a)
Resolution
Natural, Vibrant and Growing - A Progressive Rural Leader.
Page 4 of 124
ANNUAL SUMMARY REPORT 2019 SYDENHAM WATER TREATMENT PLANT WATERWORKS NUMBER: 260069290 Reporting Period January 1, 2019 – December 31, 2019
Submitted by: Jim Keech, Professional Engineer President & C.E.O.
Page 5 of 124
ANNUAL SUMMARY REPORT 2019 SYDENHAM WATER TREATMENT PLANT WATERWORKS NUMBER: 260069290
This annual summary report has been prepared as required under Ontario Regulation 170 03 of the Safe Drinking Water Act to acknowledge compliance with the terms and conditions of the Drinking Water Works Permit (DWWP)and Municipal Drinking Water Licence (MDWL) issued for the Sydenham Water Treatment Plant, to comment on any incidents of non-compliance during the reporting period, to summarize the quantities of the water supplied and to compare the summaries to the rated capacity and flow rates approved in the system’s permits and approvals during the reporting period. This report is specific to the Sydenham Water Treatment Plant (WTP) located at Point Rd. in Sydenham, and its associated distribution system which serves Sydenham’s municipal water customers in the village of Sydenham. The WTP and its associated distribution system are owned by the Township of South Frontenac, with Utilities Kingston acting as the operating authority.
Non-Compliance with Terms and Conditions of the DWWP and MDWL There were no incidences of non-compliance during this reporting period.
Compliance with the Terms and Conditions of the DWWP and MDWL The Treatment Group of Utilities Kingston, for the Township of South Frontenac, operates and maintains the Sydenham Water Treatment Plant (WTP) and complies with the terms and conditions of the Drinking Water Works Permit (DWWP) and Municipal Drinking Water Licence (MDWL) issued for the WTP. The Underground Infrastructure Department and the Treatment Group of Utilities Kingston operate and maintain the associated distribution system and storage facilities. Staffing is maintained at levels to ensure adequate numbers of trained and licensed personnel are available for proper operations during emergency or upset conditions, vacation/sick relief, or to deal with equipment breakdown.
1 2019 Summary Report
Page 6 of 124
Quality management systems, contingency plans and operations manuals are established and are located in the appropriate facilities and available to appropriate staff. A quality management system (QMS) for the Township of South Frontenac’s drinking water supply systems has been developed and implemented by Utilities Kingston management and staff to ensure the continued safety and security of the community’s drinking water by meeting or exceeding the requirements of all relevant legislation and regulations, and the Drinking Water Quality Management Standard. Operations manuals include information necessary for the day to day operations and maintenance of the WTP and distribution system as well as information that may not be regularly used but that might be required to be accessed quickly for various purposes. Contingency plans include information that may be required for proper operation of the WTP or distribution system during emergency or upset conditions, and contain items such as emergency plans and contact lists, alternate materials supply sources and notification lists. The operations strategy of Utilities Kingston includes: ensuring that permits and approvals are in place, that efficient maintenance and operations ensures the quality of water supplied to its customers meets or exceeds the minimum requirements as set out in the Safe Drinking Water act, and that permissible flow rates are not exceeded. The Township of South Frontenac, as a means of source water protection, considers the impact of decisions made within its authority on the drinking water supply source for the WTP. Flow measuring devices for measuring the amount of water taken from Sydenham Lake, and the amount of water supplied to the distribution system are calibrated annually by a third party. Accuracy in these measurements ensures that treatment chemicals are precisely applied and that flows do not exceed the capacity at which the WTP is designed to be effective. These flows are recorded to provide current and historical information which is used for operational decision making, and to allow both the public and the Ministry of the Environment, Conservation and Parks (MECP) the ability to review WTP operations. Water quality analyzers that monitor parameters such as chlorine residual and turbidity of critical process streams and of the water directed to the distribution system are alarm equipped and are maintained in accordance with the manufacturer’s recommendations as well as the conditions of the DWWP and MDWL. Water sampling is conducted to the minimum requirements of schedule 13 of Ontario Regulation 170 03 of the Safe Drinking water Act. Raw water sampling is conducted to give operational staff information required to determine the level of treatment to make the water potable. In-plant process stream samples provide monitoring of treatment processes. Treated and distribution system sampling provides information regarding the quality of water delivered to customers. All of these samples are analyzed by either licensed staff or by laboratories accredited by the Standards Council of Canada through the Canadian Association for Environmental Analytical Laboratories.
2 2019 Summary Report
Page 7 of 124
All sampling information, annual reports, and all other documentation required by the DWWP, DWML and regulations are available for public viewing on the Utilities Kingston website as well as at the Utilities Kingston and Township of South Frontenac offices. Residents of the village of Sydenham are encouraged to review this information, the availability of which is advertised through various local media.
Notifications of Adverse Water Quality Results Under Ontario Regulation 170 03, notifications are required for any instances where a sample result indicates that a parameter used to measure water quality exceeds a Maximum Acceptable Concentration (MAC). Once a notification is received from a laboratory, corrective action as dictated by the regulations is initiated in an effort to confirm the initial result. If confirmed, further action may be recommended by the Medical Officer of Health. If not confirmed, sampling will typically return to the normal schedule or depending on the parameter, Utilities Kingston may choose to increase the sampling frequency to more closely monitor the parameter for a period of time.
Summary of the Quantity of Water Supplied During the Reporting Period Listed in Table 3 following this report are the treated water flows for the Sydenham Water Treatment Plant for the year 2019. The typical Canadian average water usage per person is 220 litres per person per day (source: Stats Canada 2017). Once all services to the water distribution system are completed, an accurate calculation of water usage per person for the village of Sydenham can be calculated.
Summary of Flow Rate Exceedances There were no instances during this reporting period where daily total flows exceeded the maximum allowable flow rate of 1290 m3/d. Listed in Tables 1 & 2 following this report are the raw water flows (water taken from Sydenham Lake) for the Sydenham Water Treatment Plant for the year 2019.
3 2019 Summary Report
Page 8 of 124
Summary of Treatment Chemicals Used There are three treatment chemicals in use at this treatment plant. Sodium Hypochlorite is used for primary disinfection, XL1900 (Polyaluminum Chloride) used as the coagulant and Ammonium Sulphate combined with Sodium Hypochlorite to form chloramines for secondary chlorination for the WTP. Sodium Hypochlorite is dosed at the treatment plant at a rate which ensures that an adequate chlorine Contact Time (CT) value is maintained for the rate of flow. Average chlorine dosages for this treatment plant are approximately 4.21 mg/l. Ammonium Sulphate is added at an approximate rate of 3.5:1 ratio (chlorine/ammonia) to react with the free chlorine to form chloramines for secondary chlorination. An adequate chloramines residual is maintained at those points in the distribution system that are farthest from the point of entry of treated water to the system. Residuals are routinely measured in the distribution system and the treatment plant chlorine dosages are adjusted as required to meet the distribution system target residuals and the required CT values. Typically XL1900 (Polyaluminum Chloride) dosages for this treatment plant were in the range of 15 – 20 mg/l. This dosage is also adjusted to ensure efficiency in the coagulation process as various changes occur in the raw water. Changes are based on things such as filter head loss, pH, temperature, turbidity, and the aluminum residual in the treated water.
Summary The Sydenham Water treatment Plant supplied water to residents of Sydenham at rates which allowed adequate treatment while not exceeding permitted flows. Water of good quality which is safe to drink was produced by the treatment plant during this reporting period. Further information is available for this system and is included in the annual reports which can be accessed from the Utilities Kingston Website at www.utilitieskingston.com or is available at the Township of South Frontenac offices. For further information about this report or any questions regarding accessibility contact Megan Lockwood at mlockwood@utilitieskingston.com , or call 613-546-1181 Ext 2 2 9 1.
4 2019 Summary Report
Page 9 of 124
85 Lappan’s Ln P.O. Box 790 Kingston, Ontario K7L 4X7 (613) 546-1181
Sydenham Water Treatment Plant - Raw Water Flows 2019 Cubic meters per day Day
Jan
Feb
Mar
Apr
198
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
270 234
230 143 193 270 172 252 147 250 211 139 251
284 211 1 284 342
302 238 10 60 388
229 173
172 261 3
231 138
293 191
190 199
239 294 62
177 244 5 238 144
304 95 274 10 459
234 270 307 133
272 75
283 93
271 126
Total
Avg. Day Production
Average Min Max
290 318 119 161 408
135 348 4 288 283 196
278 208
172 479 91 1
294 316
282 139 2 307 330
292 406
314 265
92 441 3
303 401
258 463 133 232 243 1 217 364
Dec
185 303 2
307 239 1
299 247
325 252
248 326
284 159
337 360
252 359 189 427
328 207
211 350
322 338
256 206
306 507 56
1 190 439
316 146
187 381 1 180 341
249
91 482 6 1 267 488 163
297 206
296 263
201 331
212 178
76 478 1
113 477 162 162 175
Nov
293
294 220
258 165
295
Oct
42 213 347
293 418
310 370
Sep
389 2 248 305
347 313
288 229
272 150
Aug
340 297 3
264 288 149 276 302
269 202
208
Jul
265 191 1 315 133 142 217 214
321 282
137 101 152 125 164 218 181 216 144 176 253 194 193 198 201 201 183
284 52
Jun
238 167 297 547 523 315 24
286 186
119 184
229 221 1 223 134
May
313 237
278 176 1 268 227
185 341
312 239
301 295 186 268
4,016
4,418
3,947
4,552
6,090
5,545
5,527
4,739
4,950
5,594
4,770
4,677
201 130
192 158
208 127
182 152
244 196
241 185
240 178
237 158
275 165
254 180
239 159
234 151
388
272
459
294
547
408
477
507
439
488
381
325
PTTW Amount
1,290 m 3 /day
Yearly Average Average Day Production Yearly Min Yearly Max
Page 1 of 3
162 228 547
Yearly Total
58,825
Page 10 of 124
85 Lappan’s Ln P.O. Box 790 Kingston, Ontario K7L 4X7 (613) 546-1181
Sydenham Water Treatment Plant - Peak (Raw) Flows 2019 Litres per minute Day
Jan
Mar
Apr
392
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Max
Feb
474 431
473 358 488 389 463 395 468 394 478 390 482
480 431 470 478 439
473 447 457 453 427
462 391
481 385 468
474 443
472 384
455 396
483 457 375
473 385 477 475 385
467 386 489 468 391
465 430 469 376
479 398
467 427
445 378
469 387
480
PTTW Amount or
488
489
1,344 litres/ minute 1,290 m 3 /day
490
476 375
519
Yearly Average Average Day Production Yearly Min Yearly Max
Page 2 of 3
487
603
450 506 451
465 429
468 454 459
460 499
472 532
454 542
448 424 387
470 603 441 453
468 470 444
469 443 466 464 456
486 495 392
483 410
483 410
480 413
468 415 476 402
467 494 468 433 447 444
468
506
480 416 476 472 404
475 417
468 441 3 488 460 444 441 473 471 455
448 449 465
603
455 431 448
470 443
486 409
532
Dec
456
435 452
458 450 455 449 392
472
Nov
507 464
472 399 166 480 405
475 460
484 440 410 436
501
470 400
Oct
481 455
528 531
451 399 462
481 394
Sep
461 505
474 385 479 476 434
479 454 489 515 519
453 383
Aug
430 468 487 446
453 390 459 482 387
442 430 353 438 420 389
470
Jul
488 380 474 480 391 443 195 388
446 405
451 462 490 464 475 451 439 451 463 459 437 435 456 467 451 461 457
464 387
Jun
479 399 437 444 501 493 356
471 382
469 408
465 445 469 477 427
May
457 414
481 418
473 417 440 495 461
453 423 458 412
495
495
Page 11 of 124
85 Lappan’s Ln P.O. Box 790 Kingston, Ontario K7L 4X7 (613) 546-1181
Sydenham Water Treatment Plant - Treated Water Flows 2019 Cubic meters per day Day
Jan
Total
Average Min Max
Mar
Apr
151
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Avg. Day Production
Feb
270 198
283 161
289 281
285 173 2 53 353
225 116
217 268 38
283 21 311 51 241
245 101
27 401
225 245
230 101
305 82
260 55
310 33
258 100
Dec
229 293 256
281 331
253 416 95
9 18 227
236 179
186 248
347 212
294 186
313 198
149 351
327 223
293 172
215 110
259 164
319 270
85 415
239 17 188 631
306 164
202 297
315 241
232 147
92 399
174 266
3 266 418 116
168 294
261 101
233 413 18
95 417 74 150 134
271
211
265 324
236 244
210 289
198 292 322 312
298 132
275 320
297 296 346
166 400 35
Nov
88 380
297 156
282 96
Oct
308 263
245 255
264 156
225 277
258 108
192 272
260 158
Sep
254 215
228 150
279 234 153
Aug
330
297 104
141 271 109 104 130 137 154 175 178 172 162 175 173 168 170 165 167 172 169
Jul
264 134
231 241
281 148
179 188
Jun
172 167 321 506 458 263 81
289 156
182 173
115 155
236 169
167 203
224 142
246 104 205 212 190 179 157 208 222 103 224
May
198 362
293 109 243
309 202 282 108
298 168
277 136
178 235
261 176
295 193
287 252 182 186
3,638
3,969
3,571
4,018
5,335
4,727
4,702
4,043
4,094
4,861
4,044
4,216
202 117
180 142
188 115
167 134
232 172
236 158
235 152
238 135
227 136
243 157
225 135
353
260
401
289
506
415
631
418
298
234 234 108 347
CoA Amount
1,290 m 3 /day
351 Yearly Average Average Day Production Yearly Min Yearly Max
Page 3 of 3
417 149 216 631
Yearly Total
51,218
Page 12 of 124 Minutes of Council March, 3, 2020 Time: 7:00 PM Location: Council Chambers
Meeting # 6 Present: Mayor Ron Vandewal, Pat Barr, Ray Leonard, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff: Neil Carbone - Chief Administrative Officer, Angela Maddocks - Clerk, Claire Dodds - Director of Development Services, Tom Berriault - Chief Building Official 1.
Call to Order
a)
Resolution Resolution No. 2020-6-01 Moved by Councillor Sleeth Seconded by Councillor Morey That the Council meeting of March 3, 2020 be called to order at 7:00 p.m. Carried
Declaration of pecuniary interest and the general nature thereof
a)
Councillor Barr declared a pecuniary interest with respect to Agenda Item 13 a) Accounts Payable and Payroll Listing.
b)
Councillor Leonard declared a pecuniary interest with respect to Agenda Item 13 a) Accounts Payable and Payroll Listing.
Approval of Agenda
a)
Resolution Resolution No. 2020-6-02 Moved by Councillor Sleeth Seconded by Councillor Morey That the agenda for the March 3, 2020 Council meeting be approved as presented. Carried
Scheduled Closed Session - n/a
Recess - not applicable
Delegations - not applicable
Public Meeting
a)
Statement and Resolution The Clerk provided direction to those in attendance about the process to make written submissions before the by-law is passed, how to request to be added to the notification list and the process to appeal the decision of Council to the Local Planning Appeal Tribunal. Resolution No. 2020-6-03
Page 13 of 124 Minutes of Council March, 3, 2020 Moved by Councillor Morey Seconded by Councillor Sleeth That a public meeting be held to provide an opportunity for input on planning matters related to: • Rezoning Application Z-19/11 - Plan 13M-56, Lots 22- 32, Lyons Landing, Storrington District • Rezoning Application Z-20/01 - Concession 13, Pt Lot 5, 4462 Wilmer Rd, Loughborough District Carried b)
Z-19/11-Zoning By-law Amendment for Plan 13M-56 Lots 22-32 - Lyons Landing - (Garrison & Card) Claire Dodds explained that the developer is requesting the front yard setback be reduced to 10m (33 feet) to allow for the construction of a dwelling and septic system closer to the street than the existing R-10 zoning permits. This change would allow a house to be built on the more level portion of these lots and avoid the need to excavate into the toe of the slope that separates the rear of Lots 22-32 (inclusive) on Kona Crescent from the lots they back onto on Kahala Court. She noted that when the lots were rezoned to R-10 in 2004, the significant topographic constraints on these lots were not considered when the 20m front yard setback was applied to Phase 2 of Lyons Landing Plan of Subdivision. Applying the existing R-10 zone provisions to Lots 22-32 makes these lots significantly more difficult and costly to develop. The site plan prepared by Josselyn Engineering (dated January 21, 2020) illustrates how the placement of the building envelope including septic and private well will be accommodated relative to the toe of the slope with the reduced 10m front yard setback. The proposed Residential Special Provision Zone (R-30) will establish a minimum front yard setback of 10m (33 feet). All other setbacks (10m side & rear yard) and frontage (55m) for Lots 22 to 32 (inclusive) will be the same as the distances that apply to lots zoned R-10 on the south of Kona Crescent. This application is supported by the regulation and guidelines set out in Provincial Policy Statement. The County of Frontenac Official plan and the Township of South Frontenac’s Official Plan and Zoning By-law. There were no objections received from agency circulation and no formal comments received from the public at the time the report was prepared. Deputy Mayor Sutherland wondered about the possibility of communal servicing given the proximity to other development. Claire Dodds noted that communal servicing would be outside the scope of this application as these lots infill this subdivision. Councillor Sleeth was concerned about run-off due to the reduced setback. Ms. Dodds indicated that the developer is able to demonstrate adequate separation distance. Councillor Revill asked if the Director had been to the site. Ms. Dodds indicated that she had attended the site and found some variation in topography on these lots but that the drawing provided an accurate portray of the toe of the slope. Mayor Vandewal asked if some of the lots could be built on without the rezoning and Ms. Dodds confirmed that development could occur however the building envelope would not be ideal to have a septic system so close to the slope at the rear of these lots. John Williamson, owner of property to the north of Lyons Landing had no objection to the rezoning but wished to note the drainage ditch near the tree
Page 2 of 8
Page 14 of 124 Minutes of Council March, 3, 2020 line. He was concerned about the lot sizes and run-off. He stated that there are already well problems in the area and the lots to the east will drain to the lake. Claire Dodds confirmed Mayor Vandewal observation that the lot lines cannot be changed now, the lots exist in an approved subdivision. She noted that the zoning would be approached differently if this was a brand new application, however this scenario provides minimal impact. John Mills, 1068 Kona Crescent noted that he understand the reason for the rezoning and the financial aspect of developing the lots and the need to limit blasting. It makes sense to build on a flatter surface. He moved to the area in December 2019 and likes the rural setting. While he felt it should have been considered back in 2004, in order to maintain the rural character he suggested a visual buffer (trees) be required between Kona and Kahala. He felt that the reduced setback will result in two storey dwellings being constructed on these lots and expressed concern about light pollution. Don Lawrence, living on Kam Avenue, was concerned about adequate parking with the reduced front yard setback. He felt it was typical in rural areas to have “toys” and there is a need to ensure there is parking space available for other types of vehicles. Michael Lessard, 1029 Kam Avenue, noted that his own house is setback farther and he wants to make sure the rural character is maintained. He felt the reduced setback would necessitate 2 storey homes which he felt are not rural. He expressed concern about run off between the ditches and septic. He noted that the developer has already drilled wells on most of these lots. He wondered about the drainage of the lots on the southeast part as they are close to the lake and there is an existing drop off. Claire Dodds noted that the lots on the east side of Kona Crescent encroached within the 120 metre buffer. of the provincially significant wetland. She explained that this change to the front yard moves the building envelope a little further away from the wetland. Councillor Ruttan asked for clarity as he felt these lots were being developed this way to be more feasible and cheaper for the developer. Ms. Dodds explained that it is not the township’s role to assess the costs to the developer, but to evaluate the proposal put forward based on good planning principles. The 10 metres gives a viable building envelope and consideration to the overall impact on existing lots. Councillor Ruttan asked about the run off concerns and if there is a drainage plan. He asked if neighbours would be able to comment at the building permit application stage. Claire Dodds explained that building permit applications are not subject to public comment and are not required to be circulated. There is nothing that prohibits a two storey dwelling currently, and the septic grading will be addressed at the time the building permit is applied for. Mayor Vandewal agreed that this approach has the least amount of impact; there will not be any blasting required. Councillor Sleeth asked if any of the lots could accommodate the house to be constructed further back. Claire Dodds suggested that more analysis of the lots could be required and that the feedback from the public comments will be considered. There is still a need to meet side lot setbacks. She indicated that she can’t speak to why this was not asked for in 2004 but is looking for a workable solution at this time to facilitate these lots to be built on.
Page 3 of 8
Page 15 of 124 Minutes of Council March, 3, 2020 c)
Z-20/01- Zoning By-law Amendment for Concession 13, Lot 5 - 4462 Wilmer Rd (McGibbon) Claire Dodds explained that the property at 4462 Wilmer Road is currently zoned Rural – Special Provisions (RU-42), this zoning was put in place in 2010 to permit a second residential unit in an accessory building for a temporary period of 3 years. The owners would like to continue to keep the existing second residential unit on the property and have now submitted an application requesting the zoning change on the property from the existing Rural – Temporary Zone (RU-42) to a new Rural – Special Provision zone (RU-58) to allow them to permanently keep this second residential unit on the property. The property is a 17 acre rural residential property that includes a single detached dwelling, barn, shed and garage. The second residential dwelling is located within the existing garage on the property and shares water, hydro and septic services with the primary residential unit and is accessed with the same driveway as the existing single detached dwelling on the property. Ms. Dodds spoke to the changes the Province made in 2016 to the Planning Act to allow second units in designations or zones that permit detached, semi-detached or row houses, as well as in accessory structures provided there is not already a second unit in the primary dwelling. South Frontenac will be establishing a policy to permit second units in both the Official Plan Update and Zoning Bylaw but presently this is the process in place to address the secondary unit. There were no objections to this application from either KFL& A Public Health or CRCA. Mayor Vandewal noted his concern about trying to separate the two units in the future. Claire Dodds indicated in this scenario the second unit shared the same driveway, septic systems and well and the buildings are clustered together. This layout is unlikely to put future pressure for a consent to separate the 2 units. There were no comments from the public.
d)
Resolution Resolution No. 2020-6-04 Moved by Councillor Morey Seconded by Councillor Sleeth That having provided an opportunity for input on planning matters, the public meeting be closed. Carried
Approval of Minutes
a)
February 18, 2020 Council Meeting Resolution No. 2020-6-05 Moved by Deputy Mayor Sutherland Seconded by Councillor Barr That the minutes of the February 18, 2020 Council meeting be approved. Carried
Business Arising from the Minutes
a)
Notice of Motion - Ontario Building Code - Part 8 - In-house Capacity Resolution No. 2020-6-06 Moved by Deputy Mayor Sutherland Seconded by Councillor Barr Whereas KFL & A Public Health have provided notification of their intent to terminate the agreement to carry out the municipality’s responsibility for sewage
Page 4 of 8
Page 16 of 124 Minutes of Council March, 3, 2020 systems under the Ontario Building Code Act and attendant regulations effective January 1, 2021; And whereas the Township of South Frontenac recognizes the importance of protecting the environment and the installation and monitoring of septic systems; And whereas the Township of South Frontenac recognizes the requirement to provide this service; And whereas the overarching priorities in the Township’s Strategic Plan include
- Promote and support growth that meets the community’s needs while maintaining the integrity of the natural environment; 2) Ensure the organizational capacity to deliver cost-effective services in a changing world; and, 3) Position South Frontenac as a regional leader; Be it resolved that the Council of the Township of South Frontenac request that staff provide a report that considers the Township’s capacity to administer Part 8 of the Building Code (septic inspections) in-house, with consideration for associated costs, including training, physical space, data from KFL&A Public Health and other implications. Carried
Reports Requiring Action
a)
Assumption of Road Widenings See By-law 2020-10
b)
Development Services - Land Management Software Resolution No. 2020-6-07 Moved by Councillor Barr Seconded by Deputy Mayor Sutherland That Council award the contract for the Municipal Land Management Software to Harris/CityView in the amount of $216,377 exclusive of HST. That Council approve the updated project budget for 2020/21. And that the 2020 Township portion of the project be funded from the Building Reserve in the amount of $31,354 and from the Working Funds Reserve (Modernization Grant) in the amount of $47,257. Carried
c)
Rural Economic Development Fund - RED5-09115 See By-law 2020-11
Committee Meeting Minutes
a)
Public Services Committee meeting held January 16, 2020 Resolution No. 2020-6-08 Moved by Councillor Barr Seconded by Deputy Mayor Sutherland That Council receives for information the minutes of the January 16, 2020 Public Services Committee meeting. Carried
By-laws
Page 5 of 8
Page 17 of 124 Minutes of Council March, 3, 2020 a)
By-law 2020-10 - Assumption of Road Widenings Resolution No. 2020-6-09 Moved by Councillor Leonard Seconded by Councillor Roberts That the following by-laws be given first and second reading: • By-law 2020-10 • By-law 2020-11 Carried Resolution No. 2020-6-10 Moved by Councillor Roberts Seconded by Councillor Leonard That By-law 2020-10, being a by-law to assume as common and public highway certain lands in the Township of South Frontenac, pursuant to Section 31 (6) of the Municipal Act, 2001, be given third reading, signed and sealed. Carried
b)
By-law 2020-11 - RED Funding Agreement Resolution No. 2020-6-11 Moved by Councillor Leonard Seconded by Councillor Roberts That By-law 2020-11, being a by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs under the Rural Economic Development (RED) program - “Open for Business South Frontenac: Streamlining Development Approvals for Rural Economic Growth", be given third reading signed and sealed. Carried
Reports for Information
a)
Accounts Payable and Payroll Listing
Information Items
a)
Proposed Regulatory Changes under the Aggregate Resources Act
b)
Letter of Thanks from Duncan Sinclair
c)
Honourable Steve Clark, Minister of Municipal Affairs and Housing, re: Provincial Policy Statement 2020 Claire Dodds indicated that she is reviewing the changes and will bring a report back to Council on the highlights and changes to the PPS.
Notice of Motions
a)
While not a formal notice of motion, Deputy Mayor Sutherland asked that cautionary signage regarding handwashing and coughing be posted at municipal buildings in light of the corona virus concerns. Staff will reach out to the local health unit for some public information material.
Announcements/Statements by Councillors
a)
Neil Carbone commended Claire Dodds and Tom Berriault and all the Development Services staff for their patience during their departmental transitions that include remodeling and re-configuring work spaces while handling day to day operations and assessing candidates for new positions.
b)
Deputy Mayor Sutherland voiced his concern about a property owner on Sydenham Lake who has clear cut all trees on their lot with no consideration to
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Page 18 of 124 Minutes of Council March, 3, 2020 protecting the shoreline. He encouraged staff and fellow Council members to take a look as it is visible from the Cataraqui Trail and The Point. 17.
Question of Clarity (from the public on outcome of agenda items) - not applicable
Closed Session
a)
As permitted by the Municipal Act, Section 239.2 (b) personal matters about an identifiable individual, including municipal or local board employees and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board and to approve minutes of the February 28, 2020 closed session. Resolution No. 2020-6-12 Moved by Councillor Roberts Seconded by Councillor Leonard That Council move into closed session as permitted by the Municipal Act, Section 239.2 (b) and (k) and to approve the minutes of the February 18, 2020 Closed Session. Carried
b)
Minutes of February 18, 2020 Closed Session
c)
Verbal Report - Identifiable Individual
d)
Verbal Report - Contract Negotiation
e)
Resolution - Move out of Closed Session Resolution No. 2020-6-14 Moved by Councillor Ruttan Seconded by Councillor Revill That Council move out of closed session. Carried
Confirmatory By-law
a)
By-law 2020-12 Resolution No. 2020-6-15 Moved by Councillor Revill Seconded by Councillor Ruttan That By-law 2020-12, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given first and second reading this 3 day of March, 2020. Carried Resolution No. 2020-6-16 Moved by Councillor Ruttan Seconded by Councillor Revill That By-law 2020-12, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given third reading, signed and sealed this 3rd day of March 2020. Carried
Adjournment
a)
Resolution Resolution No. 2020-6-17 Moved by Councillor Revill Seconded by Councillor Ruttan That the Council meeting of March 3, 2020 be adjourned at 8:26 p.m. Carried
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Page 19 of 124 Minutes of Council March, 3, 2020
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 8 of 8
Page 20 of 124
Minutes of Committee of the Whole March 10, 2020 Time: 7:00 p.m. Location: Council Chambers
Meeting # 7 Present: Mayor Ron Vandewal, Pat Barr, Ray Leonard, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff: Neil Carbone - Chief Administrative Officer, Claire Dodds - Director of Development Services, Angela Maddocks - Clerk, Darcy Knott - Director of Fire and Emergency Services, Louise Fragnito - Director of Corporate Services and Treasurer 1.
Call to Order
a)
Mayor Vandewal called the meeting to order at 7:00 p.m.
Declaration of pecuniary interest and the general nature thereof
a)
There were no declarations.
Approval of Agenda
a)
The agenda was amended to include the provision for a “Closed Session” at the end of the meeting. The purpose of the Closed Session as permitted by the Municipal Act, Section 239.2 (i) is to discuss a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
Scheduled Closed Session - not applicable
Recess - not applicable
Public Meeting - not applicable
Delegations
a)
Joe Gallivan - Director of Planning and Economic Development, County of Frontenac, re: Communal Services Joe Gallivan reviewed his presentation with Council outlining the advantages to communal services that includes better environmental protection and public health than private on-site services. Mr. Gallivan noted that it is good timing with the ongoing Official Plan review to consider communal servicing. He noted that the Provincial Policy Statement is more reflective of what is happening in rural communities. Mayor Vandewal noted that the wind turbines in Marysville on Wolfe Island have impacted the expansion of the hamlet and has cut off growth. He suggested that the township could hold some liability for the first five years until a reserve gets built up.
Page 21 of 124 Committee of the Whole March 10, 2020 Deputy Mayor Sutherland questioned how the private communal systems helps with infilling in hamlets. He noted a system in Gatineau that accommodates 100 houses has capacity to be hooked into when further developed occurs in the area. Mr Gallivan indicated that there may be benefits in doing a “utility” and suggested that the developer could be asked to oversize the system to accommodate poor septic areas. Councillor Morey wondered about setback changes to accommodate a communal system and felt this could discourage growth in South Frontenac. Mr. Gallivan noted that he is only presenting the background work done for communal systems and that it would be up to Council to change hamlet boundaries. Councillor Sleeth questioned the effect on wells if a communal system was put in place. Mr. Gallivan explained that this had not been considered in this study but that engineering will solve this. Councillor Revill questioned the financing model and compared it to development charges being paid by development. The condominium approach requires owners to pay for the communal system. There is no broad public responsibility in a condominium plan. Councillor Ruttan recognized that a communal system could allow for greater building density however he felt South Frontenac is a rural community and people don’t want to live side by side in this township. Mayor Vandewal spoke to the Matias Development in Inverary where there could have been potentially 42 lots on a communal system and as such the homes would have been more affordable. He noted that the Meadowwood Trailer Park on Bellrock Road has had communal servicing for many decades. Claire Dodds explained that the Official Plan will set the parameters for density; currently there is no alternative to 2 acre development. South Frontenac needs to consider affordability and seniors housing and she encouraged Council to keep an open mind to explore communal servicing. Councillor Morey felt that having greater density in hamlets will allow for better servicing from internet and cell companies providers. Mayor Vandewal thanked Mr. Gallivan for his presentation. b)
Megan Rueckwald - Manager of Community Planning, County of Frontenac, re: Population Projections Megan Rueckwald reviewed her presentation that outlined the population, housing and employment projections based on a study conducted by Watson and Associates. Her presentation indicated that 40% of the new permanent housing development is expected to occur in rural areas outside of the designated settlement areas. The demand for new seasonal housing development is expected to be relatively low in South Frontenac, averaging approximately 7 new units per year. The potential for seasonal housing conversions to permanent use is anticipated to be fairly strong, averaging approximately 7 net conversions per year. The total permanent population is forecast to reach approximately 23,800 persons by 2046 which is an increase of 4,700 persons in the reporting period of 2016 to 2046. The population by age forecast for the 55 plus age group increases significantly in the same time frame which equates to a need for seniors and affordable housing. Deputy Mayor Sutherland felt that the population projections were entirely
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Page 22 of 124 Committee of the Whole March 10, 2020 anecdotal and that there are lots of kids in the area. He recognized that there are lots of seniors too. Ms. Rueckwald clarified that the numbers were not reflective of just South Frontenac but the County as a whole; overall there is evidence of an aging population in Ontario. Claire Dodds reported that she is working with Watson and Associates to get a breakdown of South Frontenac data. In response to Deputy Mayor Sutherland’s question about consideration of climate change and transportation costs, Ms. Reuckwald noted that the consultant considered larger trends overall in their review, however the study does not speak specifically to climate change. Councillor Barr commented that younger people do transition out of the community and population levels can not be maintained. Mayor Vandewal noted the increased interest in granny suites and apartments and affordable housing are important considerations in the Official Plan update. 8.
Reports Requiring Direction
a)
Draft Terms of Reference for a Lake Ecosystem Advisory Committee Deputy Mayor Sutherland suggested that “lake residents” be changed to just “residents” in 1) Purpose. With respect to Section 8) Officers, he wondered why there was not a “recording secretary” identified. Neil Carbone suggested that clerical support would come from the existing staff complement and noted the challenge of trying to manage staff time and resources. He also noted the importance of having proper agendas, minutes and resolutions for the committee. Council was supportive of the change in the “Purpose” section. This will come back to Council on March 17 for final approval.
b)
Strategic Plan Action Items Council was generally supportive of the action items as presented. Deputy Mayor Sutherland felt that the licensing of docks should have a higher priority and he suggested that a water quality/quantity study should be included in the “Major Planning Activities” section. The modifications will come back to Council on March 17 for final approval.
c)
Ad Bags (included with newspaper distribution) Deputy Mayor Sutherland spoke to the report prepared by the Clerk. Staff were directed to bring back a report outlining options or other mechanisms there may be to address the ad bags and newspapers being left alongside township roads. It was suggested that staff look at how other municipalities are dealing with this issue or if there is the same issue in other municipalities.
Reports for Information - not applicable
Rise & Report from Committees of Council
Page 3 of 5
Page 23 of 124 Committee of the Whole March 10, 2020 a)
County Council Councillor Revill reported that the County Planing Department is very busy with developing the new zoning by-law for North Frontenac and the Official Plan for Central Frontenac. The Economic Development staff continue to support the businesses in the “ambassador” program. He noted that the County received a national award for the “Open Farms” event. Improved cell and internet service continues to be promoted at the Eastern Ontario Warden’s Caucus. The County is to finalize their 2020 budget in April.
b)
Arena Board Councillor Leonard reported that the Peewee Division has made it to their 7th game, however the season is completed and the ice will be coming out in the upcoming weekend.
c)
Police Services Board Councillor Sleeth provided an update on the meeting held last week. The review of stats has indicated a significant reduction in breaking and entering of cottages. He confirmed that the recent blockades of train tracks does not affect the local police budget, this cost is picked up by the province. There is a need to review the remuneration for board members as this criteria was developed shortly after amalgamation and is not reflective of current practices and member participation.
Information Items
a)
Sommer Casgrain-Robertson, General Manager/Secretary Treasurer, Rideau Valley Conservation Authority, re: RVCA 2020 Work Plan and Budget Comment Window Extended
Notice of Motions
a)
Mayor Vandewal circulated printed photos of a property on Sydenham Lake where the property owner has clear cut trees along the shoreline. Deputy Mayor Sutherland served a notice of motion that staff provide a report on the alternatives to protecting lake shorelines.
Announcements/Statements by Councillors
a)
Councillor Sleeth requested that Council send a letter of appreciation to Ann Babcock, Harriet Corkey and Ruth Shannon who have each committed many years to volunteering in 4-H Clubs. Council was supportive of recognizing this achievement.
b)
Mayor Vandewal announced that he will be attending the Police Gala sponsored by the City of Kingston.
Question of Clarity (from the public on outcome of agenda items)
a)
Wilma Kenny referred to the “Notice of Motion” regarding the cutting and clearing of trees along the water on Sydenham Lake. The owner had also burned branches directly on the ice and this would be in violation of the Ministry of Natural Resources regulations. The Conservation Authority had been contacted about this but they are unable to address this matter as it does not lie within a wetland area.
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Page 24 of 124 Committee of the Whole March 10, 2020
Closed Session
a)
Council moved into “closed session” to discuss a matter related to a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
b)
Motion
d)
Motion
Adjournment
a)
The meeting was adjourned at 9:10 pm.
Natural, Vibrant and Growing - a Progressive Rural Leader.
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Page 25 of 124
REPORT TO COUNCIL CLERK’S DEPARTMENT
AGENDA DATE:
March 17, 2020
SUBJECT:
Notice of Motion – Tree Cutting on Lake Shore Lines
RECOMMENDATION: That Council direct staff to provide a report on the most effective and expeditious way to control tree cutting on lake shore lines. BACKGROUND: Council’s Procedural By-law 2017-76 establishes the process for Notice of Motion. At the Committee of the Whole Meeting of March 10, 2020, Deputy Mayor Sutherland served a notice of motion that staff provides a report on the most effective and expeditious way to control tree cutting on lake shore lines. A notice of motion requires a seconder at the next regular Council meeting. If seconded, the motion is debated and voted on. FINANCIAL/STAFFING IMPLICATIONS: Not at this time. ATTACHMENTS: Not applicable. Submitted/approved by: Angela Maddocks, Clerk
Approved by: Neil Carbone, CAO
Natural, Vibrant and Growing – A Progressive Rural Leader
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REPORT TO COUNCIL TREASURY DEPARTMENT
AGENDA DATE:
March 17, 2020
SUBJECT:
Approve Transfer Payment Agreement (TPA) with the Ontario Ministry of Municipal Affairs and Housing (MMAH)
RECOMMENDATION: That Council authorize the Mayor and Clerk to execute a Transfer Payment Agreement (TPA) with the Ontario Ministry of Municipal Affairs and Housing (MMAH) for Municipal Modernization Program Funding for the Regional Service Delivery Review project. BACKGROUND: In November of 2019, a new Municipal Modernization Program was announced by the Minister of Municipal Affairs and Housing. The program is to be available until 2023 to the 405 small and rural municipalities that received a Municipal Modernization payment in March 2019. The first intake of the program is focused on municipal service delivery expenditures by independent third-party reviewers. The work on the first intake needs to be completed by June 30, 2020. Future intakes of the program will provide an opportunity to implement projects aimed at service delivery efficiencies and cost savings. With Council support from all Frontenac Municipalities, a joint application was submitted for a Regional Service Delivery Review and was approved in the amount of $150,000. On February 18th, Strategy Corp was awarded the contract for the Regional Service Delivery review. The goal of the review is to help modernize service delivery, reduce future costs and make the best use of limited resources including staffing. DISCUSSION/ANALYSIS: The Township of South Frontenac is the designated Lead on this project with the other municipalities within the Frontenacs as joint applicants. All funding will flow through the Township and the Township will be responsible for all aspects of the project including grant reporting and procurement. Council’s authorization of the attached TPA is required in order to execute the Agreement with MMAH for this funding. FINANCIAL IMPLICATIONS: The project was included in the 2020 budget under Service Delivery Review with an amount of $50,000. The total project cost is estimated at $204,581and due to be completed by June 15th, 2020. $150,000 of the project costs is funded by the Municipal Modernization program grant with the remaining being funded equally by the five Frontenac Municipalities in the amount of $10,916 each. Executing this transfer payment agreement allows the Township to submit grant claims to MMAH for 100% of eligible expenses up to the $150,000 maximum funding amount. “Natural, Vibrant and Growing – a Progressive Rural Leader” 1
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REPORT TO COUNCIL TREASURY DEPARTMENT
ATTACHMENTS:
Municipal Modernization Program Transfer Payment Agreement
Prepared by: Louise Fragnito, Director of Corporate Services & Treasurer Submitted/approved by: Neil Carbone, CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader” 2
Page 28 of 124 ONTARIO TRANSFER PAYMENT AGREEMENT
The Agreement is effective as of the ___ day of _______, 20 BETWEEN Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”)
- and The Corporation of the Township of South Frontenac (the “Recipient”)
CONSIDERATION In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0
ENTIRE AGREEMENT
1.1
The agreement, together with: Schedule “A” General Terms and Conditions Schedule “B” Project Specific Information and Additional Provisions Schedule “C” Project Summary Schedule “D” Budget Schedule “E” Payment Plan Schedule “F” Reports any amending agreement entered into as provided for in section 4.1 constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements.
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Page 29 of 124 2.0
CONFLICT OR INCONSISTENCY
2.1
Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a)
the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and
(b)
where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency.
3.0
COUNTERPARTS
3.1
The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
4.0
AMENDING THE AGREEMENT
4.1
The Agreement may only be amended by a written agreement duly executed by the Parties.
5.0
ACKNOWLEDGEMENT
5.1
The Recipient acknowledges that: (a) by receiving Funds, it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b) Her Majesty the Queen in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c) the Funds are: (i)
to assist the Recipient to carry out the Project and not to provide goods or services to the Province;
(ii)
funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario);
(d) the Province is not responsible for carrying out the Project; and
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Page 30 of 124 (e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. The Parties have executed the Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and Housing
Date
Name: The Honourable Steve Clark Title: Minister of Municipal Affairs and Housing
The Corporation of the Township of South Frontenac
Date
Name: Title: I have authority to bind the Recipient.
Date
Name: Title: I have authority to bind the Recipient.
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Page 31 of 124 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0
INTERPRETATION AND DEFINITIONS
A1.1
Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive.
A1.2
Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all the schedules listed in section 1.1, and any amending agreement entered pursuant to section 4.1. “Budget” means the budget attached to the Agreement as Schedule “D”. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Effective Date” means the date set out at the top of the Agreement. “Event of Default” has the meaning ascribed to it in section A13.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and
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Page 32 of 124 (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees, and employees. “Maximum Funds” means the maximum Funds set out in Schedule “B”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A13.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A13.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Project” means the undertaking described in Schedule “C”. “Reports” means the reports described in Schedule “F”. A2.0
REPRESENTATIONS, WARRANTIES, AND COVENANTS
A2.1
General. The Recipient represents, warrants, and covenants that: (a) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (b) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete.
A2.2
Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and
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(b) taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3
Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) procedures to enable the Recipient to manage Funds prudently and effectively; (b) procedures to enable the Recipient to complete the Project successfully; (c)
procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner;
(d) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4
Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0.
A3.0
TERM OF THE AGREEMENT
A3.1
Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0, Article A12.0, or Article A13.0.
A4.0
FUNDS AND CARRYING OUT THE PROJECT
A4.1
Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule “E”; and (c)
deposit the Funds into an account designated by the Recipient provided that the account: (i)
resides at a Canadian financial institution; and
(ii)
is in the name of the Recipient.
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Page 34 of 124 A4.2
Limitation on Payment of Funds. Despite section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of this Agreement by the Recipient by municipal by-law; (b) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2; (c) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; (d) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.1; or (e) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may:
A4.3
(i)
reduce the amount of Funds and, in consultation with the Recipient, change the Project; or
(ii)
terminate the Agreement pursuant to section A12.1.
Use of Funds and Carry Out the Project. The Recipient will do all the following: (a) carry out the Project in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario.
A4.4
Interest Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account in the name of the Recipient at a Canadian financial institution.
A4.5
Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds;
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Page 35 of 124 or (b) demand from the Recipient the payment of an amount equal to the interest. A4.6
Rebates, Credits, and Refunds. The Ministry will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund.
A5.0
RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS
A5.1
Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money.
A5.2
Disposal. The Recipient will not, without the Province’s prior written consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as provided for in Schedule “B” at the time of purchase.
A6.0
CONFLICT OF INTEREST
A6.1
No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest.
A6.2
Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of interest includes any circumstances where: (a) the Recipient; or (b) any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both.
A6.3
Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure.
A7.0
REPORTS, ACCOUNTING, AND REVIEW
A7.1
Preparation and Submission. The Recipient will:
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Page 36 of 124 (a) submit to the Province at the address referred to in section A17.1, all Reports in accordance with the timelines and content requirements as provided for in Schedule “F”, or in a form as specified by the Province from time to time; (b) submit to the Province at the address referred to in section A17.1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction of the Province; and (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. A7.2
Record Maintenance. The Recipient will keep and maintain: (a) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project.
A7.3
Inspection. The Province, any authorized representative, or any independent auditor identified by the Province may, at the Province’s expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to review the progress of the Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province, any authorized representative, or any independent auditor identified by the Province may take one or more of the following actions: (a) inspect and copy the records and documents referred to in section A7.2; (b) remove any copies made pursuant to section A7.3(a) from the Recipient’s premises; and (c) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project, or both.
A7.4
Disclosure. To assist in respect of the rights provided for in section A7.3, the Recipient will disclose any information requested by the Province, any authorized representatives, or any independent auditor identified by the Province, and will do so in the form requested by the Province, any authorized representative, or any independent auditor identified by the Province, as the case may be.
A7.5
No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records.
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Auditor General. The Province’s rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario).
A8.0
COMMUNICATIONS REQUIREMENTS
A8.1
Acknowledge Support. Unless otherwise directed by the Province, the Recipient will: (a) acknowledge the support of the Province for the Project; and (b) ensure that the acknowledgement referred to in section A8.1(a) is in a form and manner as directed by the Province.
A8.2
Publication. The Recipient will indicate, in any of its Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province.
A9.0
INDEMNITY
A9.1
Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages, and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits, or other proceedings, by whomever made, sustained, incurred, brought, or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties.
A10.0
INSURANCE
A10.1
Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount provided for in Schedule “B” per occurrence. The insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and
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Page 38 of 124 (d) a 30-day written notice of cancellation. A10.2
Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section A10.1; or (ii) other proof that confirms the insurance coverage as provided for in section A10.1; and (b) upon the request of the Province, provide to the Province a copy of any insurance policy.
A11.0
TERMINATION ON NOTICE
A11.1
Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient.
A11.2
Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i)
permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and
(ii)
subject to section A4.1(a), provide Funds to the Recipient to cover such costs.
A12.0
TERMINATION WHERE NO APPROPRIATION
A12.1
Termination Where No Appropriation. If, as provided for in section A4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately without liability, penalty, or costs by giving Notice to the Recipient.
A12.2
Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section A12.1, the Province may take
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Page 39 of 124 one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section A12.2(b). A12.3
No Additional Funds. If, pursuant to section A12.2(c), the Province determines that the costs to wind down the Project exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient.
A13.0
EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT
A13.1
Events of Default. Each of the following events will constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; or (iii) provide, in accordance with section A7.1, Reports or such other reports as may have been requested pursuant to section A7.1(b); (b) the Recipient’s operations, its financial condition, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) the Recipient ceases to operate.
A13.2
Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions:
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Page 40 of 124 (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A13.3
Opportunity to Remedy. If, in accordance with section A13.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period.
A13.4
Recipient not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A13.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A13.2(a), (c), (d), (e), (f), (g), (h), and (i).
A13.5
When Termination Effective. Termination under Article will take effect as provided for in the Notice.
A14.0
FUNDS AT THE END OF A FUNDING YEAR
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A14.1
Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A13.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly.
A15.0
FUNDS UPON EXPIRY
A15.1
Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession or under its control.
A16.0
DEBT DUE AND PAYMENT
A16.1
Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province
A16.2
Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amount to the Province immediately, unless the Province directs otherwise.
A16.3
Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable.
A16.4
Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province as provided for in Schedule “B”.
A16.5
Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing
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Page 42 of 124 under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A17.0
NOTICE
A17.1
Notice in Writing and Addressed. Notice will be in writing and will be delivered by email, postage-prepaid mail, personal delivery, or fax, and will be addressed to the Province and the Recipient respectively as provided for Schedule “B”, or as either Party later designates to the other by Notice.
A17.2
Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of email, personal delivery, or fax, one Business Day after the Notice is delivered.
A17.3
Postal Disruption. disruption:
Despite section A17.2(a), in the event of a postal
(a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will give Notice by email, personal delivery, or fax. A18.0
CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
A18.1
Consent. When the Province provides its consent pursuant to the Agreement it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions.
A19.0
SEVERABILITY OF PROVISIONS
A19.1
Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed.
A20.0
WAIVER
A20.1
Waiver Request. Either Party may, in accordance with the Notice provision set out in Article A17.0, ask the other Party to waive an obligation under the Agreement.
A20.2
Waiver Applies. Any waiver a Party grants in response to a request made pursuant to section A20.1 will: (a) be valid only if the Party granting the waiver provides it in writing; and
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(b) apply only to the specific obligation referred to in the waiver. A21.0
INDEPENDENT PARTIES
A21.1
Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship.
A22.0
ASSIGNMENT OF AGREEMENT OR FUNDS
A22.1
No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement.
A22.2
Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on the Parties’ respective heirs, executors, administrators, successors, and permitted assigns.
A23.0
GOVERNING LAW
A23.1
Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings.
A24.0
FURTHER ASSURANCES
A24.1
Agreement into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent.
A25.0
JOINT AND SEVERAL LIABILITY
A25.1
Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement.
A26.0
RIGHTS AND REMEDIES CUMULATIVE
A26.1
Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity.
A27.0
FAILURE TO COMPLY WITH OTHER AGREEMENTS
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A27.1
Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate.
A28.0
SURVIVAL
A28.1
Survival. The following Articles and sections, and all applicable crossreferenced sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 3.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.2(e), A4.5, section A5.2, section A7.1 (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), sections A7.2, A7.3, A7.4, A7.5, A7.6, Article A8.0, Article A9.0, section A11.2, sections A12.2, A12.3, sections A13.1, A13.2(d), (e), (f), (g) and (h), Article A15.0, Article A16.0, Article A17.0, Article A19.0, section A22.2, Article A23.0, Article A25.0, Article A26.0, Article A27.0 and Article A28.0.
- END OF GENERAL TERMS AND CONDITIONS –
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Page 45 of 124 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds
$150,000.00
Expiry Date
December 31, 2020
Amount for the purposes of $5,000.00 section A5.2 (Disposal) of Schedule “A” Insurance
$2,000,000.00
Contact information for the purposes of Notice to the Province
Name: Helen Collins Position: Manager, Municipal Programs and Outreach Unit Address: 777 Bay Street, Toronto, Ontario M7A 2J3, 16th Floor Fax: 416-585-7292 Email: helen.collins@ontario.ca
Contact information for the purposes of Notice to the Recipient
Name: Position: Address: Fax: Email:
Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement
Name: Position: Address: Fax: Email:
Additional Provisions: B1
Section 4.3 of Schedule “A” is amended by adding the following subsection: (e) use the Funds only for the purpose of reimbursement for the actual amount
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Page 46 of 124 paid to the independent third-party reviewer in accordance with the Project; and, (f) Not use the Funds for the purpose of paying the salaries of the Recipient’s employees.
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Page 47 of 124 SCHEDULE “C” PROJECT SUMMARY Objectives The objective of the Project is to perform a service delivery review to reduce future costs and make the best use of resources, for the Recipient, the County of Frontenac, the Township of Central Frontenac, the Township of North Frontenac, and the Township of Frontenac Islands (“the Municipalities”). Description The Recipient will retain an independent third-party to conduct a joint service delivery and modernization review of the municipal services of the Municipalities. The Project will review municipal services and best practices within the Municipalities to find efficiencies, cost effectiveness and sharing of services without compromising customer and tax payer services. As a critical component, all key stakeholders for each municipality will be consulted to provide a thorough understanding of services, risks and opportunities. Independent Third-Party Reviewer’s Report The Recipient will retain the independent third-party reviewer to compile the findings and recommendations in the Independent Third-Party Reviewer’s Report. The Recipient will submit a draft of the Independent Third-Party Reviewer’s Report to the Province by August 31, 2020. The draft will summarize the reviewer’s preliminary findings and recommendations for cost savings and improved efficiencies. The Recipient will submit the Independent Third-Party Reviewer’s Report to the Province and publish the report on their publicly accessible website by September 18, 2020. The report will summarize the reviewer’s findings and identify specific, actionable recommendations based on the analysis and findings that aim to identify cost savings and improved efficiencies. Background The Project is intended to identify creative and innovative solutions to regional service delivery and to provide recommendations and cost savings. Potential services that could be reviewed include: shared IT services, shared procurement, as well as a regional roads study. Further, the review will also consider other regional municipal neighbors for opportunities due to proximity, geography or availability of most effective services. The review will not consider exclusively shared services where all the Municipalities can participate but rather an approach where any can collaborate with another.
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Page 48 of 124 SCHEDULE “D” BUDGET ITEM
AMOUNT
Reimbursement for payments to independent third-party reviewer
Up to $150,000.00
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Page 49 of 124 SCHEDULE “E” PAYMENT PLAN Milestone
•
Execution of the Agreement
•
Submission of Interim Progress Report to the Province
•
Submission of draft Independent Third-Party Reviewer’s Report to the Province
•
Submission of Independent ThirdParty Reviewer’s Report to the Province
•
Publishing of Independent ThirdParty Reviewer’s Report on the Recipient’s publicly accessible website
•
Submission of Final Report to the Province
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Scheduled Payment Initial payment of $112,500.00 made to Recipient no more than thirty (30) days after the execution of the Agreement
Final payment of up to $37,500.00 made to Recipient no more than thirty (30) days after the Province’s approval of the Final Report
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Page 50 of 124 SCHEDULE “F” REPORTS Name of Report
Reporting Due Date
- Interim Progress Report
June 15th, 2020
- Final Report
September 18th, 2020
Report Details
- Interim Progress Report The Recipient will submit an Interim Progress Report to the Province by June 15th, 2020 using the reporting template provided by the Province. The Interim Progress Report will include: •
An update to the estimated cost of the Project, and
•
A statement indicating whether the Recipient has retained the independent thirdparty reviewer.
- Final Report The Recipient will submit a Final Report to the Province by September 18th, 2020 using the reporting template provided by the Province. The Final Report will include: •
A hyperlink to the Independent Third-Party Reviewer’s Report on the Recipient’s publicly accessible website,
•
A 250-word abstract of the Project and its findings,
•
The actual amount paid by the Recipient to the independent third-party reviewer in accordance with the Project with supporting documentation, such as invoices or receipts, showing actual costs incurred, and
•
A statement indicating the percentage of the total amount of service delivery expenditures reviewed that are identified as potential cost savings in the Independent Third-Party Reviewer’s Report, which will be the performance measure for the Project.
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REPORT TO COUNCIL FIRE DEPARTMENT
AGENDA DATE:
March 17, 2020
SUBJECT:
SFFR Medical Rapid Response Vehicles
RECOMMENDATION: That Council authorize the release of unbudgeted funds totalling $15,750 + HST to be funded from the working fund reserve, for the retrofit of three (3) SFFR pickup truck units to accommodate new rapid response units to attend medical emergencies. BACKGROUND: Staff have been working on and finalizing a SFFR plan for the COVID-19 pandemic. SFFR currently has a multi-phase level of protection plan that will be rolled out to crews in stages as the pandemic evolves and medical calls increase. Phase 1 is a very high level protocol describing proper hygiene practices, increased levels of PPE during FREI-positive medical responses, and some basic operational criteria. Phase 2 will be delivered and implemented once SFFR has confirmation of cases of COVID-19 within Frontenac County including Kingston. Phase 2 also includes an increased level of first responder protection and isolation from the virus. ANALYSIS/DISCUSSION: In support of the Phase 2 protocol, staff has obtained three (3) quotes for pickup truck cabs and rollout trays for three (3) of our current pickup truck units. The lowest quote was $5250 per unit and has been vetted by staff and will meet our current and future needs. These units would become Rapid Response Units (RRU) and would attend all medical calls which would eliminate the need for Pumpers to respond. These units would respond with a maximum of three (3) firefighters and be fully equipped with all available medical PPE. This type of unit would greatly reduce the exposure to hazards associated with medical calls including those associated with the current COVID-19 pandemic situation. Prior to the COVID-19 pandemic situation, council was made aware of the potential of SFFR staff creating and updating our current fleet replacement cycle based on the evolving needs and circumstances of the fire service. These considerations included moving to smaller vehicles for rapid response to the increasing number of medical calls SFFR is receiving, which would greatly reduce the need for the total number of large apparatus in the fleet while also reducing the wear and tear and maintenance costs associated with the larger vehicles. Given the current COVID-19 outbreak, staff is recommending that this change be accelerated. The initial investment for these units will be incorporated into SFFR’s fleet management plan and equipment replacement capital plan later in the year to be approved by council.
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REPORT TO COUNCIL FIRE DEPARTMENT
It is expected that the current COVID-19 situation will increase in severity over the next couple months. The need to be prepared for an elevated response for our first responders is critical. While the timing of these vehicles is earlier than anticipated, they will fit into the overall strategy moving forward and will continue to be utilized after the risk associated with COVID-19 has diminished so that SFFR can more effectively and efficiently respond to medical calls. Based on a 3-4 week turnaround time from the supplier for installation, staff is recommending that the Township proceed with this purchase now. STRATEGIC PLAN ALIGNMENT: The retrofit of the current pickup units as an alternative to larger apparatus meets the current and future needs of the fire department and aligns with the Township’s Strategic Priority #3 “Ensure the organizational capacity to deliver costeffective services in a changing world”. It also aligns with our corporate mission which includes:
Setting exemplary service and infrastructure standards that the community can be proud of;
Managing our operations and assets in a financially sustainable manner;
Planning for the future, being proactive and having the capacity to adapt to change;
FINANCIAL/STAFFING IMPLICATIONS: One time approval of funds totalling $15,750.00 + HST, which will be incorporated into SFFR’s long range capital fleet replacement schedule. The move to specialized medical response units will result in future savings in operations and maintenance of larger pumper and squad apparatus. ATTACHMENTS: None Submitted by: Darcy W. Knott Director of Fire and Emergency Services Fire Chief / CEMC Approved by: Neil Carbone CAO
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Report to Council Development Services - Planning Zoning By-law Amendment Report Date:
March 9, 2020
Application No: Owner: Agent:
Z-19/11 1974658 Ontario Limited Treena Garrison & William Card
Location of Property:
Lots 22-32, Plan of Subdivision 13M-56, Kona Crescent, Lyons Landing, Storrington District, Township of South Frontenac
Purpose of Application: Rezone Lots 22-32 (inclusive) from Residential Special Provision Zone (R10) to Residential Special Provision Zone (R-30) to establish a front yard setback of 10m. Date of Public Meeting: March 3, 2020
Recommendation It is recommended that the by-law rezoning Lots 22-32, Plan of Subdivision 13M-56, Kona Crescent, Lyons Landing, Storrington District from Residential Special Provision Zone (R-10) to Residential Special Provision Zone (R-30) to permit the construction of a dwelling and septic system at a setback of 10m from the front lot line be passed.
Proposal The proposal is to rezone 11 lots (Lots 22 to 32 inclusive) on the north and east side of Kona Crescent to permit these lots to be developed with a front yard setback of 10m. The current zoning on these lots is Residential Special Provision Zone (R-10) which establishes a minimum front yard setback of 20m (66 feet).
Background The developer is requesting the front yard setback be reduced to 10m (33 feet) to allow for the construction of a dwelling and septic system closer to the street than the existing R-10 zoning permits. This change would allow a house to be built on the more level portion of these lots and avoid the need to excavate into the toe of the slope that separates the rear of Lots 22-32 (inclusive) on Kona Crescent from the lots they back onto on Kahala Court. When the lots were rezoned to R-10 in 2004, the significant topographic constraints on these lots were not considered when the 20m front yard setback was applied to Phase 2 of Lyons Landing Plan of Subdivision. Applying the existing R-10 zone provisions to Lots 22-32 makes these lots significantly more difficult and costly to develop. The applicant has submitted a site plan prepared by Josselyn Engineering (dated January 21, 2020) to illustrate how the placement of the building envelope including septic and private well will be accommodated relative to the toe of the slope with the reduced 10m front yard setback. The proposed Residential Special Provision Zone (R-30) will establish a minimum front yard setback of 10m (33 feet). All other setbacks (10m side & rear yard) and frontage (55m) for Lots 22 to 32 (inclusive) will be the same as the distances that apply to lots zoned R-10 on the south of Kona Crescent.
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Report to Council Development Services - Planning Agency Analysis and Comments Public Services Department – The Director of Public Services reviewed the zoning by-law amendment application and has no concerns with the proposal to reduce the front yard setback to 10m. KFL&A Public Health – Public Health has no objection to the proposed zoning by-law amendment, as shown on the new plan dated January 21, 2020 prepared by Josselyn Engineering Inc. Cataraqui Region Conservation Authority – CRCA staff have reviewed this application and have confirmed that they have no objection to the approval of application Z-19-11 based on their consideration for natural hazards, natural heritage and water quality and quantity protection policies.
Public Comments A public meeting was held under the Planning Act on March 3, 2020. Comments and questions were received from both Council members and the public. Public comments were received from several residents of the Lyons Landing plan of subdivision. Issues Raised at the March 3, 2020 Public Meeting:
- The reduced front yard setback may lead to a reduced area for parking cars and recreational vehicles in the driveway. Concerns about possible parking on the road. Response:
The Developer indicated that most houses within the last phases of Lyon’s Landing have been built with a minimum 2 car garage + double driveway. It is anticipated that even with the reduced front yard setback there would be space to accommodate the parking of 2 vehicles in the garage + parking for 4 vehicles in the driveway. The Developer anticipates that there may be some instances where a driveway could be extended alongside the garage to provide an opportunity for storage of seasonal recreational vehicles in the side yard or rear yard of the houses on Kona Crescent. Kona Crescent has not yet been assumed as a Township road. Following assumption the Township will monitor Kona Crescent to determine if any parking restrictions need to be put in place.
- Concerns about light pollution from other dwellings across the street. Response:
It is not anticipated that bringing a house closer to the street by 10m (33 feet) would have a significant impact on light pollution for the existing residents on the south and west side of Kona Crescent. In-keeping with a rural plan of subdivision, there are no streetlights proposed on Kona Crescent. The only source of light in this portion of the subdivision will be from the houses themselves.
- An interest in having plantings of trees/shrubs on the lots on the north and east side of Kona Crescent to reduce visual impact of moving houses closer to the street. Response:
The visual impact of moving a house forward up to 10m is not anticipated to create a significant visual difference in streetscape. The Developer indicated that the builder felt that moving the dwelling forward would create the benefit of larger usable rear yard areas for Lots 22-32 allowing for activity to occur on these lots in the rear yard. This would provide a greater sense of privacy for the owners of Lots 22-32 and surrounding lots. The “Natural, Vibrant and Growing – a Progressive Rural Leader” 2
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Report to Council Development Services - Planning Developer is happy to have a conversation with existing residents who are concerned about the need for additional plantings and make appropriate arrangements. The plan of subdivision is not subject to site plan control and tree planting was not a requirement of the plan of subdivision. Home owners also have the flexibility to install tree plantings within the boundaries of their own lots. 4. Concerns about moving septic systems closer to the street Response:
KFL&A Public Health reviewed the proposal to reduce the front yard setback for Lots 22-32. No concerns were raised by Public Health about the septic systems moving closer to the street. It is preferable for the septic bed to be on level ground closer to the front of these lots.
- The impact of stormwater from the hill at the rear of the lots passing over the septic bed and the septic bed being moved closer to the street. Response:
A condition of the subdivision agreement for Lyon’s Landing is that a lot grading and drainage plan be prepared and reviewed by the Township engineer prior to the issuance of a building permit. The topography of the lot, the placement of the proposed dwelling, driveway and location of the proposed septic system will be required to be shown on the lot grading and drainage plans. A detailed review of lot grading and drainage plans for Lots 2232 will be required to consider the impact of stormwater from the hill at the rear of these lots on the septic bed.
Summary A comprehensive report reviewing this zoning by-law amendment against the policies of the Provincial Policy Statement, 2014, the County of Frontenac Official Plan and the South Frontenac Official Plan was provided to Council in advance of the March 3, 2020 public meeting. The issues raised by members of the public and by Council can be addressed as outlined above. As this rezoning is consistent and conforms to the Provincial Policy Statement, 2014, the County of Frontenac Official Plan, the South Frontenac Official Plan and represents good planning for the subject property, it is recommended Council approve this application by passing the attached by-law. Submitted by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: February 11, 2020 Attachments:
- Zoning By-law 2020-13 Approved by: Neil Carbone, CAO
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Zoning By-law Amendment Report Date:
March 9, 2020
Application No: Owner: Location of Property:
Z-20-01 Steve and Maria McGibbon 4462 Wilmer Road, Lot 5, Concession 13 being part 1 on Plan 13R17400, District of Loughborough, Township of South Frontenac Purpose of Application: Rezone from Rural (RU-42) to Rural Site Specific Zone (RU-58) Date of Public Meeting: March 3, 2020
Recommendation It is recommended that the by-law rezoning 4462 Wilmer Road, Lot 5, Concession 13 being Part 1 on Plan 13R17400, District of Loughborough from Rural - Temporary Zone (RU-42) to Rural - Special Provision Zone (RU-58) to permit the existing second residential unit to be permitted permanently on the subject property be passed.
Proposal The property at 4462 Wilmer Road is currently zoned Rural – Special Provisions (RU-42). This zoning was put in place in 2010 to permit a second residential unit in an accessory building for a temporary period of 3 years. The owners would like to continue to keep the existing second residential unit on the property. The owners have now submitted an application requesting the zoning change on the property from the existing Rural – Temporary Zone (RU-42) to a new Rural – Special Provision zone (RU-58) to allow them to permanently keep this second residential unit on the property. The property is a 17 acre rural residential property that includes a single detached dwelling, barn, shed and garage. The second residential dwelling is located within the existing garage on the property.
Background The applicants, Steve and Maria McGibbon are applying to Council to permit the second residential unit on their property to be permanently permitted. The McGibbons went through the process of obtaining a temporary rezoning to permit a second temporary residential unit in 2010. At that time, the McGibbons entered into a Development Agreement that established the terms and conditions under which they were permitted to have the temporary residential unit. In 2010, the temporary rezoning was permitted for a maximum period of three years. In 2010, three years was the maximum timeframe that was permitted under the Planning Act for a temporary rezoning. Temporary rezonings are often sought when a proposal does not conform to the Official Plan or Zoning By-law because under the Planning Act a temporary rezoning is not subject to the same policy review as a permanent rezoning. It recently came to the attention of the McGibbons that their temporary rezoning expired on March 10, 2013. As the temporary rezoning has expired, the second residential unit is currently in violation of the uses permitted on the property.
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Second units are self-contained residential units with a private kitchen, bathroom facilities and sleeping areas within dwellings or within structures ancillary (e.g. a garage) to a dwelling. Locating a second unit in a garage on a property on a rural property where it can be adequately serviced with private water and septic is consistent with the direction established in 2016 by the Planning Act. The McGibbons have undertaken significant investment in the second residential unit on the property. The residential unit is attached to the garage and is clustered with the existing single detached dwelling on the property. The subject property is a 17 acre rural residential property that is accessed with a year-round Township maintained road. The existing single detached dwelling shares water, hydro and septic services with the second residential unit and is accessed with the same driveway as the existing single detached dwelling on the property. The residential unit is in the centre of a wooded area on the property and has been established a significant distance away from the neighbouring residential properties.
Public Meeting A public meeting was held under the Planning Act on March 3, 2020. No comments were provided from Council or from any members of the public.
Summary A comprehensive report reviewing this zoning by-law amendment against the policies of the Provincial Policy Statement, 2014, the County of Frontenac Official Plan and the South Frontenac Official Plan was provided to Council in advance of the March 3, 2020 public meeting. As this rezoning is consistent and conforms to the Provincial Policy Statement, 2014, the County of Frontenac Official Plan, the South Frontenac Official Plan and represents good planning for the subject property, it is recommended Council approve this application by passing the attached by-law. Submitted/Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: February 11, 2020 Attachments:
- Zoning By-law 2020-14 Approved by: Neil Carbone CAO
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REPORT TO COUNCIL Clerk’s Office
AGENDA DATE:
March 17, 2020
SUBJECT:
Extension of the Due Date for Interim Taxes
RECOMMENDATION: That Council approve By-law 2020-15, to amend By-law 2020-04 and extend the due date for interim taxes to April 30, 2020 for the year 2020 only and that the penalty of 1.25% be waived for April 1, 2020. BACKGROUND: Council is aware of the global impact of the COVID-19, Corona Virus and the efforts made to protect Canadians, Ontarians and the community at large. Staff have worked diligently to provide a strategy that protects both the residents and staff of South Frontenac in order to do our part in ensuring this virus is contained. As the Premier of Ontario has extended the March Break for all publicly funded school boards and all gatherings of large groups is discouraged, it is important for the township to extend the tax due date so that the impact o and protocols put in place will address some of the concerns about residents staying in place, with little travel and to minimize the spread of the virus. FINANCIAL/STAFFING IMPLICATIONS: The Senior Management Team along with the Director of Corporate services and Treasurer supports the extension to protect staff and residents of the community. ATTACHMENTS: Submitted by: Angela Maddocks, Clerk
Approved by: Neil Carbone, CAO
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-13 Being a by-law to amend By-law 2003-75, as amended, to rezone Lots 22-32, Plan of Subdivision 13M-56, from Residential Special Provision Zone (R-10) to Residential Special Provision Zone (R-30), Kona Crescent, Lyons Landing, District of Storrington, Township of South Frontenac: 1974658 Ontario Limited WHEREAS pursuant to the provisions of the 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 by its Council, hereby enacts as follows: This by-law shall apply to Lots 22-32, Plan of Subdivision 13M-56, Kona Crescent, Lyons Landing, Storrington District 1.
THAT Schedule “C”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning for Lots 22-32, Plan of Subdivision 13M-56, Kona Crescent, Lyons Landing, Storrington District from Residential Special Provision Zone (R-10) to Residential Special Provision Zone (R-30) for those lands shown on the attached map designated as Schedule “1”.
THAT Zoning By-law Number 2003-75 as amended, is hereby further amended by adding a new section R-30 (Lots 22-32, Plan of Subdivision 13M-56, Kona Crescent, Lyons Landing, Storrington District), to read as follows: R-30 (Lots 22-32, Plan of Subdivision 13M-56, Lyons Landing, District of Storrington) – 1974658 Ontario Limited Notwithstanding any provision of this by-law to the contrary, the lands zoned Special Residential (R-30) Zone shall be used only in accordance with the following: Zone Provisions a. lot frontage (minimum) 55 metres (180.4 ft.) b. front yard setback (minimum) 10 metres (65.6 ft.) c. rear yard setback (minimum) 10 metres (32.8 ft.) d. side yard setback (minimum) 10 metres (32.8 ft.) Determination of Lot Frontage a. Despite the definition of ‘Lot Frontage’ in section 3.111, on the lands zoned R-30, ‘Lot Frontage’ shall mean the distance being measured along a line which is parallel to the front lot line measured at a point equal to the minimum required front yard setback. All other provisions of this By-law shall apply. All other provisions of this by-law shall apply.
Page 60 of 124 Dated at the Township of South Frontenac this 17th day of March, 2020. Read a first and second time this 17th day of March, 2020. Read a third time and finally passed this 17th day of March, 2020. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 61 of 124 Schedule 1
This is Schedule “1” to By-law No. 2020-13 Passed this 17th day of March, 2020
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-14 Being a by-law to amend By-law 2003-75, as amended, to rezone land from Rural – Temporary Zone (RU-42) to Rural – Special Provision Zone (RU-58) on lands described as 4462 Wilmer Road, Lot 5, Concession 13 being part 1 on Plan 13R17400, District of Loughborough: McGibbon WHEREAS pursuant to the provisions of the 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 by its Council, hereby enacts as follows: 1.
THAT Schedule “B”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural Exception Zone (RU-42) to Rural Exception Zone (RU-58) for the lands shown on Schedule “1”.
THAT Rural Exception Zone (RU-42) be hereby deleted
THAT Zoning By-law Number 2003-75 as amended, is hereby further amended by adding a new section RU-58 (Lot 5, Concession 13 being part 1 on Plan 13R17400, District of Loughborough), to read as follows: RU-58 (Lot 5, Concession 13 being part 1 on Plan 13R17400, District of Loughborough – McGibbon) Notwithstanding any provision of this by-law to the contrary, the lands zoned Special Rural Commercial (RU-58) shall be permitted a second residential unit with a maximum gross floor area of 59 square metres (640 sq.feet) in a detached accessory structure. For the purpose of this subsection a second residential 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 second dwelling unit or second dwelling shall share the driveway entrance to the lot with the principal dwelling. The second residential unit shall share a well and septic system with the principal dwelling. The detached accessory structure containing the second residential unit shall be setback a minimum of 54m from the front lot line and a minimum of 16m from the side lot line.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said section 34.
Page 63 of 124 Dated at the Township of South Frontenac this 17th day of March, 2020. Read a first and second time this 17th day of March, 2020. Read a third time and finally passed this 17th day of March, 2020. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 64 of 124 Schedule 1
This is Schedule “1” to By-law No. 2020-14 Passed this 17th DAY OF MARCH, 2020
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-15 BEING A BY-LAW TO AMEND BY-LAW 2020-04, THE INTERIM TAX LEVY BY-LAW WITH RESPECT TO THE DATE TAXES ARE PAYABLE WHEREAS Section 317(1) and (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that: 1.
The Council of a local municipality, before the adoption of the estimates for the year under section 290 of the Municipal Act, 2001, may pass a by-law levying amounts on the assessment of the property in the local municipality rateable for local municipality purposes.
A by-law for levying amounts under subsection (1) shall be passed in the year that the amounts are to be levied or may be passed in December of the previous year if it provides that it does not come into force until a specified day in the following year.
AND WHEREAS due to the COVID-19 – Corona Virus global concern and the provincial closure of programming, facilities and extended school breaks, Council deems it necessary to extend the due date for the Interim Tax Levy to ensure the health and safety of all residents and staff, NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: THAT: 1)
The said interim tax levy shall become due and payable on the 30th day of April, 2020.
This by-law shall come into force and take effect on the date of its final passing.
Dated at the Township of South Frontenac this 17th day of March 2020. Read a first and second time this 17th day of March 2020. Read a third time and finally passed this 17th day of March 2020. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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REPORT TO COUNCIL Development Services - Planning
Report Date: Agenda Date:
March 12, 2020 March 17, 2020
Subject:
Notice of Motion – Resolution 2019-34-04 Status of Johnston Point Plan of Condominium
Recommendation This report is for information only. Background On December 17, 2019, Council passed the following resolution: That Council request the Director of Development Services to bring forward a report in the first quarter of 2020 that provides an update on the Johnston Point Condominium Agreement, Site Plan Control Agreement(s) process and availability of the unredacted copy of the environmental benefit permit, and that provides clarity on the Johnston Point 0MB Ruling line [56] and to the implementation of Conditions 5 (a), 5 (c), 5 (d), 5 (e) that addresses environment and natural heritage, Condition 8 (c) dock and deck access, Condition 12 utilities and on-site works, Condition 13 Site Plan Control and Condition 16 CRCA and MNRF Clearance letters. This report provides an update to Council about the status of the Johnston Point Vacant Land Plan of Condominium and Site Plan process, comments on the availability of the unredacted copy of the environmental benefit permit, provide clarity on the OMB Ruling line [56] and addresses the implementation of several conditions of draft plan approval. This report uses the term “Developer” throughout the discussion. While the property is owned by two parties (Magenta Waterfront Development Corporation and 1324789 Ontario Inc.), the term “Developer” generally references Magenta Waterfront Development Corporation as Township and County staff have been solely working with Magenta Waterfront Development Corporation and their Planner, Tracy Zander, to fulfill conditions of draft approval since the extension of draft plan approval in June 2019. Analysis Environmental Benefit Permit One of the conditions of draft plan approval for Johnston Point requires that the owners consult with the Ministry of Natural Resources and Forestry on species at risk and incorporate all recommendations of a benefit permit, if required. The condition reads as follows: D. The owner shall confirm that MNRF have been consulted on all species at risk issues and that the Declaration and the Vacant Land Condominium Agreement shall incorporate all recommendations from the MNRF included in any Benefit Permit, if issued, related to Gray Rat Snakes and Blandings Turtles or any other species at risk identified. The Environmental Benefit Permit for the draft approved plan of condominium was issued by the Ministry of Natural Resources and Forestry on October 28, 2018 (Permit # PT-C-001-16).
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In order to obtain a copy of the Environmental Benefit Permit, the County of Frontenac filed a Freedom of Information Act request with the Ministry of Natural Resources/Ministry of Environment, Conservation and Parks in January 2019. The County received a copy of the Environmental Benefit Permit from the Ministry on October 29, 2019. The County Planning Director prepared a report for County Council releasing the redacted Environmental Benefit Permit on November 20, 2019. The same report and redacted permit was shared with South Frontenac Council on the same date. The permit provided to the County is a redacted version of the complete permit. The County was informed by the Ministry that redacted sections in the permit are a combination of those redacted by the Ministry and by a third party with an interest in the permit. It is planning staff’s understanding that the Ministry redacted information that could indicate the placement of species at risk or their habitat. Since the approval of the Benefit Permit in 2018, the approval authority for permits has shifted from the Ministry of Natural Resources and Forestry to the Ministry of the Environment, Conservation and Parks. It is the responsibility of the developer to ensure that the conditions of Benefit Permit #PT-C001-16 are met and that the conditions of draft plan approval are fulfilled. The Ministry of the Environment, Conservation and Parks is the Ministry responsible for the enforcement of the permit. In June 2019, Court action was taken between Magenta and the Permit holder (1324789 Ontario Inc.) to obtain a copy of the Environmental Benefit Permit. In the court order, the judge also required a copy of the full Environmental Benefit Permit (1324789 Ontario Inc.) be released to County and Township planning staff and our legal counsel for the purpose of clearing draft plan conditions. The Court order stated that copies of the benefit permit were not permitted to be shared with any member of the public without further court order. Concerns about the public release of the Environmental Benefit Permit were grounded in concern about the sensitivity of information about Species at Risk. Township and County planning staff have completed specialized training delivered by the Ministry of Natural Resources (MNR) and are authorized by MNR to receive a higher level of sensitive information about species at risk than is released to the general public. Following the December 17, 2019 resolution of Council, Township staff communicated with the Species at Risk staff of the Ministry of Environment, Conservation and Parks (MECP) staff about the possibility of including the unredacted benefit permit in the condominium agreement. MECP did not provide their agreement to include the unredacted permit as part of the condominium agreement. Instead they directed Township staff to speak with our own lawyer to seek advice on this matter. On review with our own legal counsel, the Township was advised that the best way to make this information available to the future owners of the residential units within Johnston Point was to include clauses in the condominium agreement requiring the developer to share the full Environmental Benefit Permit with potential purchasers through a purchase and sale agreement and to require that the Permit be included in the condominium declaration. This is the preferred approach rather than publically releasing sensitive species at risk information by including it as a schedule to the condominium agreement. Status of Plan of Condominium Agreement South Frontenac Council approved by-law 2018-34 on June 5, 2018 to enter into a condominium agreement with Magenta Waterfront Development Corporation & 1324789 Ontario Inc. for development at Johnston Point. This agreement was prepared by the Township, and to date has not been signed by either Magenta Waterfront Development Corporation or 1324789 Ontario Inc.
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The agreement that Council entered into by by-law in June 2018 was prepared prior to the issuance of the Environmental Benefit Permit for Johnston Point by the Ministry of Environment, Conservation and Parks in October 28, 2018. Upon review of the Environmental Benefit Permit, the Township Director of Development Services advised Magenta and their planner, Tracy Zander, that in order to clear the conditions of draft plan approval, the plan of condominium agreement would need to be updated to include a number of new conditions in order to effectively integrate the terms of the Benefit Permit with the development of the plan of condominium. From the version of the agreement that Council entered into by by-law in June 2018, the condominium agreement has been updated to require an unredacted version of the Environmental Benefit Permit (#PT-C-001-16) to be provided to potential purchasers as part of the purchase and sale agreement. The agreement now includes the reference to the issued permit number (#PT-C001-16). It also includes a clause requiring the condominium declaration include an unredacted version for the Environmental Benefit Permit. The condominium declaration is the document that establishes the rules that govern and obligate the condominium corporation and the unit owners of the condominium. A further update has been included in the agreement that now requires the developer to prepare and undertake the preparation of a Master Site Plan prior to the preparation of separate site plans for the individual residential units within the plan of condominium. The Master Site Plan and individual site plans would be required to incorporate the Township environmental standards and the conditions of the Environmental Benefit Permit. This requirement is incorporated into the updated condominium agreement in Schedule “E”, clause 34. Further discussion of this approach is included below. While the addition of the two-stage site plan agreement is the biggest change to the agreement, there are additional changes including listing the amount of securities to be paid to the Township, specific clauses about the timing of certain road improvements, and the requirements for the developer to upgrade the intersection of Hinterland Lane and North Shore Road. As the Township is undertaking the rehabilitation of North Shore Road in 2020, it is the preference of the Director of Public Services to incorporate this roadwork as part of the larger North Shore Road project. The agreement includes a capital contribution that would be paid by the developer to the Township for undertaking this work. The updated draft condominium agreement was shared with Magenta Waterfront Development Corporation on February 24, 2020 by the Township solicitor. At the time of writing of this report, Township staff have not received a response from the developer as to whether they are agreeable to the terms of this updated condominium agreement. Once the developer has reviewed the agreement, staff will bring the condominium agreement back before Council for consideration. The attached condominium agreement is in draft form until it has been approved and entered into by Council and the developer. Site Plan Control Applications To date, no site plan control applications have been submitted for Johnston Point Plan of Condominium. It is anticipated that the Developer will not submit a site plan application until after the condominium is final approved. The updated condominium agreement includes provisions establishing that site plan control applies to all units within the Johnston Point Plan of Condominium. The updated agreement establishes a two stage site plan process. There is a requirement for the Developer to establish a Master Site Plan that
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deals with the implementation of the requirements of draft plan approval and the Environmental Benefit Permit across the whole plan of condominium. At time of construction on an individual unit, the unit owner will have to go through the site plan process for their individual unit. At that time staff will confirm that the development of their unit is consistent with the overall Master Site Plan for Johnston Point. Schedule E, Section 34 of the updated Johnston Point Condominium Agreement outlines the twostep site plan control process. This section establishes that site plan control applications shall be circulated to the Cataraqui Region Conservation Authority for review and comment prior to Municipal approval. Prior to applying for a building permit for any Unit, the Developer shall obtain site plan approval for the entire site (Master Site Plan). Among the items to be addressed in the Master Site Plan is the allocation of the maximum area of disturbance (2.32 hectares/5.7 acres) permitted by the Environmental Benefit Permit across the 15 residential lots (units) and the commonly held condominium lands (common elements) within the Condominium. The Benefit Permit (PT-C001-16) has allocated that 2.32 hectares of land across the entire Johnston Point Plan of Condominium can be disturbed for the purpose of development. The Master Site Plan shall incorporate all recommendations from the approved studies referenced in the Condominium Agreement. Schedule E, Section 34 a) includes the full range of items expected to be included in the Master Site Plan. Schedule E, Section 34 b) outlines the information expected to be addressed in the Individual Unit Site Plans. The Master Site Plan must be approved by Council prior to the approval of any Individual Unit Site Plans. Both the Master and Individual Unit Site Plans must be approved prior to the issuance of a building permit. While the Environmental Benefit Permit will expire in 20 years, site plan approval will be permanently registered on the title of the properties within the Johnston Point Plan of Condominium. Township staff feel this two-stage site plan process is the best approach to ensure the requirements of the studies that supported the creation of the condominium can be integrated with the Environmental Benefit Permit as well as the Township’s environmental policies. It also requires the developer, to have a key responsibility with implementing recommendations outlined in the supporting studies. This two stage site plan also provides the developer the opportunity to allocate the area of disturbance across the 15 residential units, rather than leave it to individual residential unit owners. It has been communicated to the developer on several occasions that the Township’s lawyer and Director of Development Services require the developer to undertake this approach in order for staff to clear conditions of draft plan approval. As such, the condominium agreement has been updated to incorporate this approach. OMB Ruling Line [56] Paragraph 56 of the OMB decision reads: Pursuant to section 51 (56.1) of the Planning Act, RSO 1990, c. P. 13, as amended, the County of Frontenac shall have the authority to clear the conditions of draft plan approval and to administer the final approval of the plan of condominium for the purposes of S. 51(58). In the event there are difficulties implementing any of the conditions of draft plan approval, or if any changes to the draft plan are required, the Board may be spoken to further. Section 51(56.1) is authority for the Tribunal to order that final approval of the condominium may be granted by the approval authority (in this case the County). Section 51(58) is simply the section of the Act that states that where the approval authority is satisfied that the plan conforms with the draft plan
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conditions and that the conditions, “have been or will be fulfilled” the approval authority may grant final approval. Therefore, the County remains charged with determining if the conditions have been satisfied, and where they are satisfied, with granting final approval. The sentence within paragraph 56 of the decision that states that the Board may be spoken to is a standard provision included in most decisions of this type. Including this sentence within the decision simply means that if the conditions cannot be satisfied, or if changes to the conditions are required, the Board (now Tribunal) can be spoken to by way of a motion. If Magenta wanted to alter any of the conditions of approval it could bring a motion to the Tribunal and seek an alteration from the Tribunal. The County and the Township would have the ability to participate in and possibly oppose any request made by Magenta. Township and County Planning staff see no need to bring a motion forward to the Tribunal to seek changes to any conditions of draft plan approval. The conditions are in the process of being satisfied through the actions of County, Township, partner Agencies and the Developer. Fulfillment of Conditions The notice of motion requested an update on the implementation on several conditions of draft plan approval. These conditions include: Conditions 5 (a), 5 (c), 5 (d), 5 (e), that addresses environment and natural heritage, Condition 8(c) dock and deck access, Condition 12, utilities and on-site works, Condition 13 Site Plan Control and Condition 16 CRCA and MNRF Clearance letters. Draft Plan Condition Condition # 5 a) Condo agreement shall include Twp limited service policies to recognize no commitment to assume private lane.
5 c)
5 d)
Condo agreement shall require 30 metres of the highwater mark shall be maintained as natural vegetation Conditions of CRCA November 12, 2014 letter to the County of Frontenac be included in the condo agreement Owner confirm MNRF has been consulted on species at risk and the Declaration and Vacant Land
Implementation
Status
Included in condo agreement
Updated condo agreement provided to developer. Waiting for response from developer.
Included in condo agreement
Updated condo agreement provided to developer. Waiting for response from developer.
Condominium agreement has been updated to include reference to specific benefit permit. Includes language requiring the developer to provide a copy of the benefit
The updated condominium agreement has been provided to the Developer. Waiting for response.
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Condominium Agreement shall incorporate all recommendations of MNRF
5 e)
8 c)
12 (A-H)
Owner shall complete Whip Poor Will surveys and submit information to MNRF A walking bridge be installed under the supervision of the CRCA to provide access to Long Bay. Such walking bridge must be installed to the satisfaction of CRCA and the Twp prior to registration of the Description and vacant land condo agreement. Series of conditions regarding implementation of on-site utilities and services. 12A – series of signage, education and fencing requirements;
permit to purchasers
Developer shall prepare a Master Site plan for condo that includes the implementation of specific requirements of the Benefit Permit. Owner has completed Whip Poor Will surveys and submitted info to MNRF
The walking bridge has been constructed under the supervision of CRCA and the Twp CBO.
Waiting to receive draft condo declaration from developer.
Complete
Complete
A joint site visit by CRCA and the Twp occurred on March 5th, 2020 to confirm construction has been completed.
Updated condominium agreement addresses the implementation of condition 12 A-H.
Updated condominium agreement provided to the Developer. Waiting for a response from the Developer.
Unopened road allowance has been transferred to the Owner.
The Township is scheduled to reconstruct North Shore Road in 2020. Improvements required to intersection of North Shore Road have been incorporated into the updated Prior to final approval a number agreement + requirement for of be made to the payment of an additional intersection of $70,000 in securities to have North Shore Rd Twp undertake these and improvements on behalf of the developer.
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Street signage has been installed at the intersection of North Shore Rd & Hinterland Lane.
Proposed 2 stage site plan approval in the updated condominium agreement addresses the requirement for installation of signage and fencing. 13
Site Plan Control
The updated condominium agreement includes provisions Development of all establishing that site plan Units shall be control applies to all units subject to site plan within the Johnston Point Plan control. of Condominium. The updated agreement establishes a 2 stage site plan process. There is a requirement for the Developer to establish a Master Site Plan that deals with the implementation of the requirements of condition 13 and addresses any development on the common elements within the condominium. It also establishes that the Developer address the requirements of the Environmental Benefit Permit in the Master Site Plan.
Updated condominium agreement provided to the Developer. Waiting for a response from the Developer.
At time of construction on an individual unit, the unit owner will have to go through the site plan process to ensure the development of their unit is consistent with the overall Master site plan for Johnston Point. 16
Clearance Letters Clearance letters are required to be prepared by the Township, CRCA
No clearance letters have been issued by agencies or the Township for the Johnston Point Plan of Condominium to date.
Draft plan of condominium conditions must be fulfilled (primarily through the updated condominium agreement) prior to the Township and Agencies
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and KFL&A Public Health advising the County of Frontenac that the conditions of draft plan approval have been satisfied.
A clearance letter is not required from MNRF.
being able to issue a clearance letter to the County.
Submitted by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Approved by: Neil Carbone, CAO Attachments:
- Draft Plan Conditions for Johnston Point Vacant Land Plan of Condominium
- Draft Updated Plan of Condominium Agreement for Johnston Point Vacant Land Plan of Condominium shared with Magenta on February 24, 2020
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Page 74 of 124 CONDITIONS TO APPROVAL
The conditions of approval for the draft plan of condominium are as follows:
- Approved Draft Plan: That this conditional approval applies to the Draft Plan of Vacant Land Condominium, dated February 26, 2016, last revised March 31, 2016, prepared by FOTENN Consultants Inc. and certified by Ronald Clancy, Ontario Land Surveyor comprising a total of 15 Residential Units and 4 blocks subject to the following: I.
II.
The locations of proposed dwellings and septic locations on Unit 7 and 15 shall be evaluated by a qualified environmental consultant and an addendum to the EIS prepared to confirm the locations and any conditions necessary for construction. The boundaries of the common element open space shall ensure that a 5m buffer between any units and the wetland boundary within the common element open space is established, consistent with the drawing attached as Attachment “A”.
- Condominium Agreement: A. That the owners of the subject land enter into a vacant land condominium agreement with the municipality, prepared to the satisfaction of the municipality, to be registered on title of the subject land. B. That the Vacant Land Condominium Agreement include a clause stating that 911 civic addressing and locations of all entrances to the units, including the construction and locations of any entrance culverts, shall be shown on a plan prepared to the Townships satisfaction prior to any development of the property.
- Financial Requirements: A. That the owner agree in writing to satisfy all the requirements, financial and otherwise of the municipality concerning the provision of private lanes and upgrading of roads, installation of services and drainage, in accordance with the municipality’s standards and procedures. B. That the Owner shall reimburse the Township of South Frontenac and County of Frontenac for all legal, engineering, planning, administrative expenses and permit fees including the cost of any peer review that the Township of South Frontenac or County of Frontenac may require in relation to the condominium.
- Access A. That the private roads included in this draft plan identified as ‘Blocks 16 and 17 shall be constructed to Township standards for new private lanes. Final approval of the constructed road will be required by the Township Public Works Manager. B. That the private roads included in this draft plan identified as ‘Blocks 16 and 17 shall be located a minimum of 30 metres from the nearest point of any wetland or waterbody. C. All driveway construction for each Unit shall require Site Plan approval. All driveways shall require engineering design by a qualified Engineer to ensure mitigative measures are applied to direct stormwater runoff and reduce erosion. Following construction, inspection and approval of the Township Public Works Manager shall be required.
Page 75 of 124 D. That traffic counts be undertaken at North Shore Road and that the entrance location at the road be constructed to a standard acceptable to the Township, particularly in regards to safe sight lines and any requirements of the municipality related to traffic counts. E. That the private roads identified as ‘Blocks 16 and 17 to be created as ‘Common Element’, including the “Existing Roadway Easement Over Private Lands”, be named to the satisfaction of the municipality. F. That a 0.3 metre reserve be identified by survey along the road allowance of North Shore Road where it abuts proposed Unit 12, which 0.3 metre reserve shall be conveyed to and held in trust by the municipality for the purpose of denying additional access onto North Shore Road. G. That legal access to proposed Units 1, 2, 3, 4, 5 and 14 be obtained over the abutting portion of the existing lane that is on other private lands, and that the vacant land condominium agreement contain wording to permit this access. This wording must also acknowledge that the existing residential lots’ access over the lane will be maintained all the way back to the public road. 5. Environment and Natural Heritage A. That the vacant land condominium agreement contains wording applying to all of the proposed units setting out the municipality’s limited service policies to recognize that there is no commitment or requirement by the municipality to assume responsibility for ownership or maintenance of the private lane within the plan. In addition, the vacant land condominium agreement applying to all the waterfront units shall set out the municipality’s environmental protection policies requiring that the area within 30 metres of the highwater mark of a waterbody or wetland shall be maintained in a natural state for soil and vegetation. This 30 metre environmental protection area is identified as Attachment “B”. B. That the wetland area within the boundary of proposed Unit 14 be surveyed by the Owner prior to construction of any driveway within the Unit. The driveway shall be surveyed prior to construction to ensure that the driveway is constructed a minimum of 30m from the boundary of the surveyed wetland. The driveway shall be constructed by the Owner as a condition of sale of the Unit. This condition shall be included in the condominium agreement with the Township and the agreement of purchase and sale for Unit 14. C. That all conditions outlined in the letter dated November 12, 2014 from the Cataraqui Region Conservation Authority to the County of Frontenac, be included in the vacant land condominium Agreement with the Township, including that all driveways be placed a minimum of 30 metres from any waterbody and that all recommendations of the stormwater management plan be implemented. D. The owner shall confirm that MNRF have been consulted on all species at risk issues and that the Declaration and the Vacant Land Condominium Agreement shall incorporate all recommendations from the MNRF included in any Benefit Permit, if issued, related to Gray Rat Snakes and Blandings Turtles or any other species at risk identified. E. That the Owner shall complete Whip Poor Will surveys to determine if they are present at the site and submit this information to the MNRF. 6. Declaration, Easements and Joint Use Agreement That the Declaration contain, at a minimum, clauses addressing the following to the satisfaction of the municipality, which clauses shall also form part of the Vacant Land Condominium Agreement: i. all access roads and driveways shall be set back a minimum of 30 m from all wetlands and water bodies; ii. silt barriers between all construction areas and wetlands or other water bodies shall be installed and maintained throughout the construction process until all disturbed areas have been revegetated;
Conditions of Approval Johnston Point Plan of Condominium
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Page 76 of 124 iii. all building envelopes and septic beds shall be located at the top of slope, complying with the setback distances established in Attachment “C” to these Draft Plan Conditions; iv. subject only to condition 6 (v), (vii), all living trees greater than 4 inches diameter at breast height within 40 m of any water body shall not be removed, with the exception of trees knocked over naturally; v. subject only to condition 6 and (vii), all vegetation, with the exception of invasive species, shall be retained and maintained in their natural state within 30 m of all water bodies; vi. An Ecological Committee shall be set up as part of the Condominium Board whose mandate would be to promote environmental stewardship initiatives on Johnston Point. vii. Notwithstanding sub-paragraphs 6(iv) and (v) above, the owner of a Unit, with the exception of Units 7, 9, 12, 13 and 15, may construct a walkway to the water provided that the walkway is no wider than 1.5m and provided that the walkway is constructed in the locations set out in the drawing attached to these Conditions of Draft Approval as Attachment ‘A’. Any deviation from these prescribed locations may only be considered if in consultation with a qualified environmental professional to the satisfaction of the Township; viii. The Owner shall construct the walkways to the water as a condition of sale of the Units where a walkway is permitted. This condition shall be included in the condominium agreement with the Township and the agreement of purchase and sale for all Units where a walkway is permitted; ix. The existing Butternut tree at Unit 8 shall be retained and no development shall be permitted within 25 m of the tree; x. Signage shall be installed at the PSW boundary to ensure residents do not alter, fill or negatively impact the PSW, which signage shall be worded to the satisfaction of the municipality and the CRCA; xi. Docks may only be constructed on units 1, 2, 3, 4, 5, 6 (Unit 6 is subject to obtaining access in accordance with these conditions), 8, 10, 11 and 14 provided that the following restrictions are complied with:
- docks may only be constructed at the general locations identified on Attachment “A” to these Conditions of Draft Plan Approval;
- The joint use docks may only be constructed in accordance with all applicable approvals issued by the Cataraqui Region Conservation Authority and/or the Ministry of Natural Resources and Forestry;
- docks must be floating or pole docks;
- no aquatic vegetation shall be removed during construction, use or maintenance of any dock;
- the surface area of any dock located in Long Bay shall not exceed 15 m² and its length shall not exceed 8 m;
- subject to 6(xii), the surface area of any dock not located in Long Bay may not exceed 20 m² and its length shall not exceed 8 m;
- the Owner shall work with any purchaser of any Unit to determine their preference and docking needs and shall construct all docks as a condition of sale of the Units where a dock is permitted. As per condition 6 xi.(2), dock location and construction shall only occur following CRCA and/or MNRF permit issuance. This condition shall be included in the condominium agreement with the Township and the agreement of purchase and sale for all Units where a dock is permitted. xii. Joint use docks may be constructed on Unit 10 to provide shared docking for the owners of Units 7, 9, 12, 13 and 15, subject to the following restrictions:
- The Owner’s qualified environmental professional, in cooperation with the Cataraqui Region Conservation Authority, will identify a low/no impact 1.5 metre walkway to the joint use docking facility through the vegetated buffer on lot 10 generally in the location identified on Attachment “A” to the water’s edge. The walkway shall be constructed a minimum of 3m from the adjacent wetland Conditions of Approval Johnston Point Plan of Condominium
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Page 77 of 124 boundary and be delineated by a page wire fence. The Owner shall construct the joint use docks as a condition of sale of the first Unit that is permitted to use the joint use docks. This condition shall be included in the condominium agreement with the Township and the agreement of purchase and sale for all Units that are permitted to use the joint use dock; 2. The joint use docks may only be constructed in accordance with an approval provider; 3. The joint use docks must be floating, cantilever, or pole docks; 4. No aquatic vegetation shall be removed during construction, use or maintenance of any dock; 5. The owners of Units 7, 9, 12, 13 and 15 will have exclusive use of the 0.31 ha small island located south of and between units 8 & 9 , and held in ownership by the Condominium Corporation; 6. Development on this small island will comply with Clause 6(v). The old corduroy road/path to the island shall be removed in accordance with the recommendations of a qualified environmental professional. The location of the dock shall be limited to the east side of the island. Permanent exclusionary fencing and signage shall be installed limiting access to the west side of the island. Signage will explain why no access to the west side of the island is permitted. Any deviation from these prescribed locations on Attachment ‘A’ may only be considered if in consultation with a qualified environmental professional to the satisfaction of the Township; 7. The owners of Units 7, 9, 12, 13 and 15 will be permitted additional shared docking on this small island. All joint use docking on the island shall conform to the requirements of this condition; 8. The joint use docks shall be constructed so that they do not interfere with navigation and shall conform with the applicable zoning for docks. B. The Common Element Open Space shall be governed by Condominium Rules to, at a minimum and without limitation, prohibit the removal of any vegetation within this area and to prohibit the creation of walkways and structures. Use of the Common Element Open Space shall be restricted to “passive recreational uses” as defined in Condition 9A.
- On-Site Sewage Disposal and Water Systems: A. That the recommendations outlined in the letter dated September 3, 2014 from KFL&A Public Health to the County of Frontenac, be addressed to the satisfaction of the municipality.
- Dock and Deck Access A. Subject to Condition 6(xi),that any dock that is placed at Unit 2 shall be located on the western shore of Unit 2 so that the dock is not located in Long Bay, but is on the open water of Loughborough Lake. Only one (1) dock shall be permitted to service Unit 2, all other existing docks shall be removed as a condition of site plan approval for the Unit. B. Subject to Condition 6(xi), only one (1) dock shall be permitted to service Unit 1, all other existing docks shall be removed as a condition of site plan approval for the Unit. C. That, in recognition that access to the open water of Long Bay from proposed Unit 6 is by way of an island within a wetland, a walking bridge be installed under the supervision of the Cataraqui Region Conservation Authority to provide this access to Long Bay. Such walking bridge must be installed to the satisfaction of the CRCA and the Township prior to registration of the Description and vacant land condominium Agreement. Conditions of Approval Johnston Point Plan of Condominium
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Page 78 of 124 9. Parkland Dedication: A. That Block 18, Common Element Parkland, be renamed a Common Element Open Space. The Common Element Open Space shall be governed by Condominium Rules to, at a minimum and without limitation, prohibit the removal of any vegetation within this area and to prohibit the creation of walkways and structures. Use of the Common Element Open Space shall be restricted to passive recreational uses and all motorized vehicles shall be prohibited. For the purposes of this section, “passive recreational uses” shall not include trails, hunting, motor boating, or use of any motorized vehicle. An overlook/viewing area shall be permitted in this Block; such overlook to be located adjacent to the private road and be subject to Site Plan Approval. B. That the owner convey up to five percent of the land included in the plan to the municipality for public park purposes. Alternatively, the municipality may require cash-in-lieu for all or a portion of the conveyance. 10. Stormwater A. That the recommendations contained in the ‘Stormwater Management Brief for the Johnston Point Condominium Development’, undated, by Asterisk Engineering Corporation and associated drawings related to site drainage design, construction and maintenance, including construction of ditches and culverts, be included in the Vacant Land Condominium Agreement and that they be complied with to the satisfaction of the municipality. B. That all requirements and recommendations specified in the ‘Hydrogeological Assessment at Johnston’s Point’ report, dated June 2014 from WESA, and all associated drawings be included in the Vacant Land Condominium Agreement and that they be complied with to the satisfaction of the municipality. Human Remains: The condominium agreement shall contain a clause providing that any Owner(s) be advised, and also that a notice be placed in the purchase and sale agreement alerting any prospective purchasers that in the event that human remains are discovered during construction or site development of a lot, that the property owner shall immediately contact the OPP, the Ministry of Tourism, Culture and Sport and the Registrar or Deputy Registrar of the Cemeteries Unit of the Ministry of Consumer Services (or the applicable agencies at the time of final approval). 11. Archaeological Resources: A. That all recommendations of the Archaeological Assessment (Stage 1-4) Report by Abacus Archaeological Services be implemented to the satisfaction of the Township. B. That the applicant provide clearance letters for the Stage 1-4 Archaeological Assessments from the Ministry of Tourism, Culture, and Sport. C. That if during the process of development any archaeological resources or human remains of Aboriginal interest are encountered, the Algonquins of Ontario Consultation Office will be contacted immediately at: Algonquins of Ontario Consultation Office 31 Riverside Drive, Suite 101 Pembroke, Ontario K8A 8R6 Telephone: (613) 735-3759 Fax: (613) 735-6307 email: algonquins@nrtco.net 12. Utilities and On-Site Works A. The following mitigation measures shall be implemented: Conditions of Approval Johnston Point Plan of Condominium
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Page 79 of 124 i. The private road shall be posted with a 30 km/h speed limit placed to the satisfaction of the municipality; ii. a turtle crossing and education sign developed to the satisfaction of the municipality shall be installed on the private road near the southern end of lot 13; iii. the private road shall be maintained as a gravel surface only; for clarity, no future hard surface paving shall be permitted without additional environmental impact analysis; iv. a land owner education program and environmental sensitivity information package shall be developed and provided to every owner of a Unit and the clause shall be included in all agreements of purchase and sale for any unit enclosing the education information package; and v. a permanent exclusion fence shall be constructed on both sides of the private road along the frontage of lots 6 and 8, to the satisfaction of the municipality. B. That, prior to final approval, the portion of the unopened road allowance identified on the Plan through Units 12 and 13 and Block 17, be closed and the ownership transferred to the owner of the subject lands. C. That, prior to final approval, a garbage collection facility be installed at the entrance to the development near North Shore Road to the satisfaction of the Township. D. That, prior to final approval, any required Canada Post box be installed on the right-of-way for the lane near the entrance to the development at North Shore Road. E. That, prior to final approval, street lighting shall be installed to the Township’s satisfaction at the location for the Canada Post boxes and garbage collection area near North Shore Road. F. That, prior to final approval, street signage shall be installed according to Township standards and to the satisfaction of the municipality. G. Speed limit signs shall be erected at the water at the entrance to Long Bay advising that all watercraft shall adhere to a maximum 10 km/h speed limit H. That, prior to final approval, the municipality be satisfied that all servicing issues are resolved such as private lane construction and any required upgrades to North Shore Road. 13. Site Plan Control That the development of all Units shall be subject to site plan control approval. Site Plan Control applications shall be circulated to Cataraqui Region Conservation Authority for review and comment prior to Township approval. Prior to applying for any building permit the owner of any Unit shall obtain site plan control approval and enter into a site plan control agreement with the Township, which agreement shall include, but not be limited to, the following: i. An approved site plan showing the location of all structures, including the septic disposal system and well, consistent with the recommendations of the EIS; ii. A location for the alternate septic disposal system location, which location shall not be developed; iii. The location of any walkway to the water, where such walkway is permitted; iv. The location of any dock, where a dock is permitted; v. The location of any driveway; and vi. Notwithstanding condition 6 (iv), all living trees on each Unit greater than 4 inches diameter at breast height shall be maintained unless approved for removal as part of Site Plan review. 14. Revisions to Draft Plan:
Conditions of Approval Johnston Point Plan of Condominium
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Page 80 of 124 A. That Prior to Final Condominium Approval, the Owner shall submit a revised Block Plan, if required, to reflect any significant alterations caused from this Draft Plan Approval. B. That where final engineering design(s) result in minor variations to the Plan (e.g., in the configuration of lots, etc.), these may be reflected in the Final Plan subject to the satisfaction of the Township of South Frontenac and the County of Frontenac. 15. General conditions: A. That when requesting final Approval from the County of Frontenac, the Owner shall accompany such request with the required number of originals and copies of the Final Plan, together with a surveyor’s certificate stating that the lots/blocks thereon conform to the frontage and area requirements of the Zoning By-Law. B. That prior to final approval, the County of Frontenac is to be advised by the municipality that this proposed subdivision conforms to the Zoning By-law in effect of the Township of South Frontenac including that the zoning is satisfactory to the Cataraqui Region Conservation Authority. C. That the Owner submit a draft Vacant Land Condominium Declaration for approval by the Township and County to ensure all conditions of approval will be satisfied 16. Clearance Letters: A. That prior to final approval, the County of Frontenac is to be advised by the municipality that this proposed development conforms to the Zoning By-law in effect of the Township of South Frontenac including that the zoning is satisfactory to the Cataraqui Region Conservation Authority. B. That Prior to Final Condominium Approval, the County is to be advised in writing by the Township of South Frontenac the method by which conditions 1 to 14 have been satisfied. C. That Prior to Final Condominium Approval, the County is to be advised in writing by KFL&A Public Health the method by which condition 6A has been satisfied. D. That Prior to Final Condominium Approval, the County is to be advised in writing by the Cataraqui Region Conservation Authority the method by which conditions 7 and 8 have been satisfied. 17. Lapsing Provisions: A. That pursuant to Section 51(32) of the Planning Act, this Draft Plan Approval shall lapse at the expiration of three (3) years from the date of issuance of Draft Plan Approval if final approval has not been given, unless an extension is requested by the Owner and, subject to review, granted by the approval authority. B. That pursuant to Section 51(33) of the Planning Act, the Owner may submit a request to the approval authority for an extension of the Draft Plan Approval. The extension period shall be for a maximum of three (3) years and must be submitted prior to the lapsing of Draft Plan Approval. Further extensions may be considered at the discretion of the Township and the County.
Conditions of Approval Johnston Point Plan of Condominium
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Page 81 of 124 Attachment “A” Conceptual Site Plan Unit, Path and Dock Locations
Conditions of Approval Johnston Point Plan of Condominium
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-
6.00
TOTAL SITE AREA
3m
6m
3m
8m
3
.5m
DOCKING AT SHARED ISLAND (BLOCK 19)
3m
23
m
COMMUNAL DOCK AT UNIT 9/10 BOUNDARY
m 7.5
1
JPTP13
P
P
A
A
JPTP12
JPTP11
36.84
0.31
Block 19
EXCLUSIVE USE
Part of PROVINCIALLY SIGNIFICANT Units/Blocks 1, 6, WETLAND 9, 14 and 18
2.72
Part of Block 18
OPEN SPACE/PARKLAND
2.50
Blocks 16-17
TW5
JPTP01
P
JPTP02
A
35m
JPTP04
ack
Setb
JPTP03
JPTP15
P A
P
JPTP05
JPTP06
A
7m 10
m 118
TW4
23
300mm CULVERT
9m
A
JPTP23
76 m
TW1
1m 15
P
P
8
TW3
A
JPTP10
JPTP09
A JPTP07 JPTP08
600mm CULVERT
JPTP25
BLOCK 18
JPTP24
ack Setb 60m
m 115
5m 10
JPTP16
50
m
k
m
K
77
k
tbac
JPTP19
Se 60m
bac
Set
C
BL O 17
12
A
ROADS/STREETS
P JPTP22
6m
117 ack
JPTP18
60m Setb
P
Units 1-15
A
TW2
P
10
A
JPTP20
450mm CULVERT
92
JPTP21
S
AREA +/DENSITY (ha) 25.31 0.59
1010 PEBBLE
11
k
RESIDENTIAL
13m
k ac
UNITS/BLOCKS
3m
m 60
m
ac
LAND USE TABLE
0m
etb
EMERALD
tb
LAND USE
17
4m P
A P
P
A
Se m
A P
45 m 40 Se m tba Se c tb k ac k
40
1101EMERALD
SUBJECT SITE
N
Shown on Draft Plan Shown on Draft Plan All adjacent lands owned, or in which the applicants have an interest are shown on the Key Plan Residential: Single Dwelling Units Residential: Rural / Single Dwelling Units Shown on Draft Plan Shown on Existing Conditions and Proposed Condominium Plan Private Wells Loam - shallow phase, loam, rock outcrop, shallow monteagle sandy loam, muck and peat Shown on Draft Plan Garbage collection, Telephone, Cable, Electricity Restrictive Covenants, Utility Easements
DATE
BY
O.L.S
DRAWN BY REVIEWED BY DATE SCALE
YL MK 2016.02.29 1:1400
108-6 Cataraqui Street Kingston ON K7K 1Z7 Tel: 613 542 5454 Fax: 613 730 1136 www.fotenn.com N
CONCEPTUAL SITE PLAN
DRAWING
JOHNSTON POINT PLAN OF CONDOMINIUM
PROJECT
MAGENTA WATERFRONT DEVELOPMENT LIMITED
CLIENT
No. REVISION
1
2
3
DATE: JUNE 12, 2014
I CERTIFY THAT: PROPERTY PERIMETER IS BASED ON THE FOLLOWING UNDERLYING SURVEY: 13R-13844
SURVEYOR’S CERTIFICATE
SIGNED:_____________ DATE: ________________
I, ______________ HERBY AUTHORIZE ________________________ TO PREPARE AND SUBMIT THIS PLAN TO THE COUNTY OF FRONTENAC FOR REVIEW AND APPROVAL.
OWNER’S CERTIFICATE
j) k) l)
d) e) f) g) h) i)
a) b) c)
ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51.17 (A-L) OF THE PLANNING ACT:
KEY PLAN
Page 82 of 124
A P
50m
Page 83 of 124 Attachment “B” 30 Metre Environmental Protection Area
Conditions of Approval Johnston Point Plan of Condominium
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688
Page 84 of 124
no yes yes yes yes yes no no no no no no no no no
Conditions of Approval Johnston Point Plan of Condominium
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Unit No. waterfrontage long bay
yes yes no no no no no yes no yes yes no no yes no
waterfrontage main lake
Johnston Point Site Plan Matrix
yes yes yes yes yes yes no yes no yes yes no no yes no
individual dock permitted
20m2 20m2 15m2 15m2 15m2 15m2 n/a 20m2 n/a 20m2 20m2 n/a n/a 20m2 n/a
no no no no no no yes no yes no no yes yes no yes
Page 10 of 11
no no no no no no yes no yes no no yes yes no yes
yes yes yes yes yes yes no yes no yes yes no no yes no
no no no no no yes no no no no no no no no no
40 40 50 50 50 50 50 40 60 40 40 60 60 35 50
maximum shared shared 3 meter 1.5 m building dock size dock w/ 0.31 ha path to bridge to setback from easement island water island wetland/lake on unit 10
Attachment “C” Site Plan Matrix
45 50 50 60 60 60 60 45 60 60 60 60 60 35 60
yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes
yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes
septic Site details in setback Plan APS from Control wetland/lake
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Page 86 of 124
11
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CONDOMINIUM AGREEMENT Johnston Point
THIS AGREEMENT made in triplicate this __ day of __________, 2020. BETWEEN: MAGENTA WATERFRONT DEVELOPMENT CORPORATION And 1324789 ONTARIO INC. hereinafter collectively referred to as the “OWNER” OF THE FIRST PART
- and THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC hereinafter referred to as the “Municipality” OF THE SECOND PART WHEREAS the Owner appealed to the Ontario Municipal Board resulting from a lack of decision within the requisite 180 day period regarding approval of a Draft Plan of Condominium for lands more particularly described on Schedule “A” attached hereto (the “Owner’s Lands”); AND WHEREAS the Owner, the Municipality, and the County of Frontenac reached a settlement with respect to the Draft Plan of Condominium; AND WHEREAS the Ontario Municipal Board approved the Draft Plan of Condominium for the Owner’s Lands and imposed draft plan conditions, pursuant to the Planning Act, as amended; AND WHEREAS the Plan of Condominium creates 15 Residential Units, a common access road, and a common waterfront passive recreational area, with the common elements (as such term is defined below) governed by the Condominium Act, 1998 (the “Act”) the Declaration and the By-laws of the Condominium Corporation, with each Unit owner being an owner of the common elements as tenants in common in the proportions specified in the Declaration; AND WHEREAS it is a condition to draft plan approval that the Owner enter into a Condominium Agreement with the Municipality and register this Agreement on title to the Owner’s Lands in accordance with section 51(26) of the Planning Act; AND WHEREAS the Owner shall register a Declaration and Description under the Act in order to create a Vacant Land Condominium Corporation upon the Lands described in Schedule “A” attached hereto, and upon creation of the Vacant Land Condominium Corporation (the “Condominium Corporation”), the Condominium Corporation shall assume all of the obligations of the Owner pursuant to this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the approval of the Plan of Condominium and other good and valuable consideration, the Owner hereby agrees with the Municipality as follows:
- All capitalized terms shall have the meaning prescribed in the Condominium Act S.O. 1998, c. 19.
- The Owner shall, at its sole risk and expense and to the satisfaction of the Municipality, construct, use, operate and maintain those facilities and works set out in the Draft Plan of 00058576.DOC:
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2 Condominium in accordance with the terms of this Agreement. The Draft Plan of Condominium listed in Schedule “C” are hereby incorporated by reference into this Agreement. Without limiting the generality of the foregoing, the Owner agrees that it shall build all private lanes to the Municipal standard for private lanes. The originals of the Draft Plan of Condominium are on file in the offices of the Municipality and shall govern in the event of any dispute. 3. As a condition of this agreement and without which this agreement shall have no effect, the Owner shall: a. execute and deliver this Agreement to the Municipality; b. obtain a consent to registration of this Agreement in a form satisfactory to the Municipality from the holder of any mortgage or other encumbrance of the Owner’s Lands that will be outstanding on the date of registration of the Plan; c. pay in full all outstanding taxes, drainage and unamortized local improvement charges on the Owner’s Lands; d. pay in full all outstanding invoices issued by the Municipality with respect to the Plan; e. deliver to the Municipality an original copy and an 8½" X 14" reduced copy of the final Plan forwarded to the County for registration; f. deliver: i.
to the County of Frontenac, eight (8) mylars and four (4) paper prints of the completed Plan;
ii. to the Township of South Frontenac, four (4) copies of all reference plans and four (4) copies of all conveyance documents for all easements and lands being conveyed to the Municipality, if any; iii. to the Township of South Frontenac, a surveyor’s Certificate to confirm that the units on the Plan conform to the permitted minimum area requirements for each unit and the maximum density requirements in the Zoning By-law of the Municipality; and iv.
to the Township of South Frontenac and the County of Frontenac, a digital file in AutoCAD format of all required drawings;
g. provide certification from the Owner’s Professional Engineer that the facilities and services have been installed and are sufficient to ensure the independent operation of the Condominium Corporation. Alternatively, if any facilities or services have not been installed such that the Condominium Corporation can operate independently, then the Owner will be required to engage the services of a qualified quantity surveyor or professional engineer to provide a calculated amount of the required security for one hundred percent (100%) of the required works. The security shall be provided in a form satisfactory to the Municipality in its sole discretion and shall be in compliance with the Act. 4. The following Schedules are attached to and form part of this Agreement: Schedule “A” -
Description of Lands
Schedule “B” -
Security
Schedule “C” -
Draft Plan of Condominium
Schedule “D” -
Grants of Easement and Other Public Lands
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3 Schedule “E” -
Municipal Conditions
- The Owner shall comply with any amendments, additions or deletions to the Plan of Condominium that the Municipality may reasonably require after the date of this Agreement in order to better ensure the proper and orderly development of the Owner’s Lands.
- Without limiting the generality of the Owner’s obligations set out in clause 1 of this Agreement, the Owner covenants and agrees that it shall comply with those municipal conditions set out in Schedule “E” to this Agreement.
- The Owner shall deliver to the Municipality those deeds or grants of easement or rights-ofway set out on Schedule “D”.
- If required by the Municipality, the Owner shall employ an engineer licensed and in good standing with the Association of Professional Engineers of Ontario to supervise all engineering functions including but not limited to: a. the preparation of calculations, contours, designs, plans and specifications; b. the preparation and furnishing of all required drawings; c. the preparation of the necessary contracts; d. the obtaining of all required federal, provincial and municipal approvals; e. the provision of the field layout, contract administration and construction supervision; f. the maintenance of all records of construction and upon completion to advise the Municipality of all construction changes and to prepare all final and “as constructed” plans and drawings as may be required by the Municipality; and g. acting as the Owner’s representative in all matters pertaining to the construction.
- The Owner shall furnish all plans, specifications, designs, calculations, contours, or other information pertaining to the Owner’s Lands as the Municipality may require. No contract shall be awarded and no work shall commence or be continued without the prior written approval of the design and inspection of the work by the Municipality.
- All required inspections shall be performed by the Municipality whose determination of whether any work has been constructed to its satisfaction shall be final.
- The Owner shall not transfer title to any Unit within the Plan until after this agreement, all deeds, grants of easement and 0.3 metre reserves in favour of the Municipality and related reference plans of survey have been registered, as required.
- All civic addresses and 911 numbers for use within the Plan shall be allocated by the Municipality. The Owner shall advise each purchaser of a Unit of its correct number.
- The Owner shall submit proposed lane names to the Municipality for approval. The naming and installation of civic addresses and lane signs shall be in accordance with the Municipal Standards for 911 and Emergency Preparedness, at the Owner’s expense. Street signs shall be installed prior to registration of this Agreement. The location of all entrances to all Units, including the location of culverts and 911 civic address signage shall be shown on a plan approved by the Municipality prior to issuing a building permit for development within the Lands.
- The Owner covenants and agrees that nothing in this Agreement releases the Owner from the obligation to comply with the provisions of all other by-laws of the Municipality that may now or in future be in effect.
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4 15. All construction within the Owner’s Lands shall be carried out in accordance with any noise by-law of the Municipality which may be in effect from time to time. 16. Time shall be of the essence of this Agreement and of any extension of time that may be agreed upon by the parties. 17. The Owner hereby grants to the Municipality, its servants and contractors, a licence to enter the Owner’s Lands during normal operating hours for the purpose of inspecting the real property within the Plan of Condominium and to perform any work arising from or the result of any default by the Owner under this Agreement. 18. It is the intent of this Agreement that the Municipality shall not incur any expense for the development of the Owner’s Lands and every obligation of the Owner under this Agreement shall be deemed to include the words “at the expense of the Owner”, unless specifically stated otherwise. 19. In the event the Owner is in default in the performance of any obligation under this Agreement and such default continues more than fifteen (15) days after the Municipality delivers written notice to the Owner requiring the Owner to remedy the default, the Municipality may, without further notice to the Owner, do such thing at the Municipality’s expense as it may reasonably deem necessary to remedy the default, and the Municipality may recover the expense incurred in doing such thing by action or the same may be recovered in like manner as municipal taxes in accordance with the provisions of Section 446 of the Municipal Act, 2001, S.O., 2001, C. 25, as amended. 20. The Owner agrees to reimburse the Township of South Frontenac and County of Frontenac for all legal, engineering, planning, administrative expenses and permit fees including the cost of any peer review that the Township of South Frontenac or County of Frontenac may require in relation to the condominium. 21. All invoices, costs and expenses received or incurred by the Municipality and payable by the Owner shall be paid within thirty (30) days of the Municipality’s invoice or demand for payment to the Owner, failing which the Owner shall be in default under this Agreement and shall continue in default until payment plus all accrued interest is made in full. 22. Interest shall be paid by the Owner on all overdue amounts at the same rate per annum and calculated in the same manner as the Municipality charges on overdue municipal taxes and any payments received shall be applied first on account of accumulated interest and then on the outstanding amount. 23. The Municipality shall undertake the registration, at the Owner’s expense, of this Agreement against the title to the Owner’s Lands and, in accordance with s. 51(26) of the Planning Act, all of the terms and conditions of this Agreement may be enforced against the Owner and any and all subsequent owners of the Owner’s Lands. 24. The Owner shall ensure that the requirements of this Agreement are brought to the attention of its contractors, employees and workers prior to the start of any construction. 25. All covenants in this Agreement shall be construed as being joint and several and that, when the context so requires or permits, the singular number shall be read as if the plural were expressed, and the masculine gender as if the feminine or neuter gender, as the case may be, were expressed. 26. Pursuant to s. 51(32) of the Planning Act, the Draft Plan of Condominium Approval shall lapse on June 28, 2020 if the final approval has not been given, notwithstanding the entering into of this Agreement, unless an extension is requested by the Owner and, subject to review, granted by the approval authority. Pursuant to s. 51(33) of the Planning Act, the owner may submit a request to the approval authority for an extension of the Draft Plan of Condominium Approval. The extension period shall be for a maximum period of three (3) years and must be submitted prior to the lapsing of Draft Plan Condominium Approval. Further extensions
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5 may be considered at the discretion of the Municipality and the County of Frontenac. 27. Any dispute between the parties with respect to this Agreement shall, at the request of a party, be submitted to arbitration pursuant to the Arbitrations Act 1991 and the decision of the arbitrator or, if more than one, the decision of a majority shall be final and binding on the parties. 28. Each party shall pay its own costs of the arbitration and shall share equally the costs of the arbitrator(s). 29. Any notice required to be given by the parties to this Agreement shall be given by registered mail at the last known address for service of the parties, or at such other addresses as the parties may specify from time to time, (provided that in the event of a postal disruption, notice shall only be given by hand) and shall be deemed to have been delivered on the third day after the date of deposit in the post office. 30. The Owner agrees that if any section, clause or provision of this Agreement is for any reason declared by a Court of competent jurisdiction to be invalid the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the section, clause, or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this Agreement shall remain in full force and effect, notwithstanding that one or more provisions thereof shall be declared to be invalid. 31. The parties shall, upon reasonable request of the other, execute any further documents as may be required for the more perfect and absolute performance of the terms and conditions. 32. In addition, the Owner and each and every subsequent owner of the Lands or a part thereof acknowledges notice of and agrees to be bound by all of the provisions of this agreement and, in particular, those provisions set out in Schedule “E”. 33. This Agreement shall ensure to and be binding upon the parties hereto, and their respective successors and assigns.
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6 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
Ronald Vandewal - Mayor Neil Carbone – CAO MAGENTA WATERFORNT DEVELOPMENT CORPORATION
Name: Office: I/We have authority to bind the corporation 1324789 ONTARIO INC.
Name: Office: I/We have authority to bind the corporation
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7 SCHEDULE “A” LEGAL DESCRIPTION
Part of Lots 23 & 24, Concessions 6 & 7, Geographic Township of Loughborough, Township of South Frontenac, County of Frontenac, more particularly described as Units 1-15 and Blocks 16-19 inclusive, all as shown on a draft Plan of Condominium dated February 26, 2016, last revised March 31, 2016, prepared by FOTENN Consultants Inc. and certified by Ronald Clancy, Ontario Land Surveyor.
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8 SCHEDULE “B” SECURITY The Owner shall deposit with the Municipality prior to registration of this Agreement the amount of twenty four thousand two hundred eight dollars and fifty cents ($24,238.50) in cash or certified cheque or acceptable letter of credit, to construct all required facilities and services, to the satisfaction of the Municipality. Without limiting the generality of the foregoing, the Owner agrees to provide to the Municipality a certified cheque in the amount of seventy thousand dollars ($70,000.00) for purposes of its contribution towards road improvements at the intersection of North Shore Road and Hinterland Lane. The Owner further acknowledges and agrees that this amount shall not form part of the Security, but shall be utilized by the Municipality for the road works contemplated by the Draft Plan of Condominium conditions at its sole discretion. Upon completion to the satisfaction of the Municipality of the works and facilities to be constructed in accordance with this agreement, if any, and upon receipt of the certificate of the consulting engineer required by clause 2(g) of this Agreement, the security or any balance thereof remaining shall be returned to the Owner.
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9 SCHEDULE “C” PLAN OF CONDOMINIUM DRAWINGS 1.
Draft Plan of Vacant Land Condominium, dated February 26, 2016, last revised March 31, 2016, prepared by FOTENN Consultants Inc. and certified by Ronald Clancy, Ontario Land Surveyor comprising a total of 15 Residential Units and 4 common element blocks.
THE ORIGINAL PLANS ARE NOW ON FILE IN THE MUNICIPAL OFFICES AND SHALL BE REFERRED TO IN THE EVENT OF ANY DISPUTE.
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10 SCHEDULE “D”
GRANTS OF EASEMENT AND OTHER PUBLIC LANDS
The Owner shall convey to the Municipality in fee simple, free of any encumbrances, those lands described as _________________________on Plan _______________ for purposes of a 0.3m reserve. Such 0.3 metre reserve shall be held in trust by the municipality for the purpose of denying additional access to North Shore Road.
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11 SCHEDULE “E” MUNICIPAL CONDITIONS The Owner further covenants and agrees as follows: 1.
In this Schedule “Plan” shall mean the Plan of Condominium, as finally approved.
The drainage of surface water within the Plan is the sole responsibility of the Owner and all subsequent purchasers of Units, who shall provide and maintain adequate drainage of surface water in accordance with the Draft Plan of Condominium.
The Owner shall include in each agreement for the purchase and sale of any Unit, notice that the Purchaser will be bound by the following provisions which shall, without limiting the generality of the foregoing, also form part of this Agreement, binding on the Owner: (a) That every owner of a Unit shall be responsible for ensuring that all wastes are disposed of in compliance with the Municipality’s waste management by-laws and all other applicable laws. (b) The purchasers acknowledge receiving the following and hereby agree to comply with the recommendations contained therein: (i) Environmental Impact Statement, dated March 1, 2014 prepared by Ecological Services; (ii)Environmental Impact Statement, dated June 12, 2014 prepared by Ecological Services; (iii) ‘Hydrogeological Assessment at Johnston Point’, dated June 2014 prepared by WESA; (iv) ‘Stormwater Management Brief for the Johnston Point Condominium’, undated, prepared by Asterisk Engineering Corporation and associated drawings (v)Letter from the Cataraqui Region Conservation Authority to the County of Frontenac dated November 12, 2014; (vi) Archaeological Assessment (Stage 1-4) Report by Abacus Archaeological Services; (c) Purchasers are advised that the owner of each Unit is responsible for the maintenance and repair of all services contained within the individual Unit, which are owned by the individual Unit owner. (d) Purchasers acknowledge receiving Permit PT-C-001-16 issued on October 28, 2018 and hereby agree to the conditions of this Permit. (e) Subject to any specific direction contained in Permit PT-C-001-16, Purchasers acknowledge and agree that all vegetation, with the exception of invasive species, shall be retained and maintained in their natural state within 30 metres of the shoreline. Within this 30 metre buffer area, no structures shall be built and the area shall remain in its natural state with respect to soil and vegetation, with the exception of a permitted pathway to the water. Any site disturbance shall be subject to specific direction within Permit PT-C-001-16. (f) Subject to any specific direction contained in Permit PT-C-001-16, Purchasers acknowledge and agree that no development (including without limitation wells, structures, buildings or sewage disposal systems) or site alteration shall be permitted within 50 m of the shoreline of Loughborough Lake and within 120 metres of the edge of the Provincially
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12 Significant Wetlands without first obtaining written permission from the Conservation Authority. (g)Purchasers acknowledge and agree that within the Provincially Significant Wetlands there shall be no construction of any structures, including without limitation, docks, marine facilities and pathways and the shoreline shall not be altered in any way, subject only to removal of invasive species. Within Long Bay docks may be approved in accordance with this Agreement. (h)All purchasers acknowledge and agree that all wells and septic systems shall be operated and maintained in accordance with all applicable laws, or decommissioned in accordance with all applicable laws. (i)All purchasers acknowledge and agree that all development on the Lands within 120 metres of the Provincially Significant Wetlands and within 50 metres of the shoreline of Loughborough Lake is subject to the “Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation” (Ontario Regulation 148/06). The regulation requires that the purchaser obtain the written approval of the Conservation Authority prior to any altering, straightening, changing, diverting or interfering in any way with the channel of such watercourses. (j)All purchasers acknowledge and agree that should deeply buried archaeological remains be found on the property during its development, that the Ministry of Tourism and Culture shall be notified immediately. The purchasers further agree that any discovery of an aboriginal or archaeological artefact or resource is subject to controls under the Ontario Heritage Act and those archaeological resources shall not be removed without the approval of the Ministry of Tourism and Culture. In the event that any human remains are discovered, the purchasers agree to immediately contact the Ontario Provincial Police, the Ministry of Tourism and Culture, the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations ((416) 326-8404) and the Municipality. (k) All purchasers agree that if during the process of development any archaeological resources or human remains of aboriginal origins are encountered, the Algonquins of Ontario Consultation Office will be contacted immediately at: Algonquins of Ontario Consultation Office 31 Riverside Drive, Suite 101 Pembroke, Ontario K8A 8R6 Tel. 613-735-3759 fax 613-735-6307 e-mail: algonquins@nrtco.net 4.
The Owner shall provide to every purchaser of any Unit a copy of the master site plan and a site servicing plan showing the location of the building envelope, including the house, well, primary and alternate sewage locations for the Unit.
The identified primary and alternate sewage system locations shall be reserved and maintained solely for that purpose. No construction of wells, homes, driveways, pools, garages or any other structure is to take place in the primary or alternate sewage system location.
The primary and alternate sewage disposal locations were selected due to the suitability of those areas to provide an ideal area to treat sewage. No deviation will be permitted in the sewage disposal system locations unless, if it becomes necessary to deviate from the approved location, an engineering report and system design as well as a terrain analysis is provided to the satisfaction of the approval authority. The alternative location must also include an impact assessment on adjoining properties.
Proposal for sewage disposal systems which produce a higher quality of effluent will be
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13 considered and encouraged by the approval authority in situations where protection of human health or the quality of surface water or groundwater is an issue. 8.
The Owner acknowledges and agrees that the Municipality will not be assuming or maintaining the roads within the Plan and will have no obligation to undertake any works to improve, widen or upgrade the aforesaid roads at public expense at any time. The operation and maintenance of all roads and driveways within the Plan are the sole cost and responsibility of the Owner.
The Owner acknowledges and agrees that the Municipality shall not be responsible for providing fire, ambulance and other emergency services to any unit if the operator of the emergency vehicle, having made reasonable efforts in the circumstances, determines that the condition of the roads or driveways as constructed or maintained at the time, prevents the vehicle from being operated properly or safely in order to access or exit any given unit.
The Owner acknowledges and agrees that the Municipality shall not provide curbside waste disposal services to any unit within the Plan. Waste pickup will be available at the Township Road.
The Owner acknowledges and agrees that any development or redevelopment is subject to land use planning controls and Ontario Building Code permits and approvals, intended to, among other things, conserve shorelines, wetlands and woodland areas in their natural state.
The Owner acknowledges and agrees that every owner of a Unit shall be responsible for operation and maintenance of their water system in accordance with all applicable laws.
It is the responsibility of the Owner and each subsequent owner of a Unit within the Plan of Condominium to make whatever arrangements with Hydro One and such other utility provider as are necessary for the installation of hydro-electric, telephone and other utility services for the Unit.
The Owner shall confirm that sufficient wire-line communication/ telecommunication service to the proposed development exists. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Owner is required to demonstrate to the Municipality that sufficient alternative communication/ telecommunication facilities are available within the proposed development, such facilities must be sufficient to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services).
The Owner shall endeavour to maintain all existing grades along the edge of the boundary of the Plan.
The Owner hereby agrees to indemnify and save harmless the Municipality against all actions, causes of action, suits, claims, demands and costs whatsoever arising by reason of any matter under this Agreement, including without limitation any actions, causes of action, suits, claims, demands or costs directly or indirectly related to the construction, use, operation or maintenance of the roads within the Plan, including the inability to operate an emergency vehicle properly or safely in order to access or exit any given unit due in whole or in part to the condition of the roads or driveways within the Plan at the time.
The Owner shall agree in writing to satisfy all requirements, financial and otherwise of the Municipality concerning the provision of private lanes and upgrading of roads, installation of services and drainage, in accordance with the Municipality’s standards and procedures.
The locations of proposed dwellings and septic locations on Units 7 and 15 shall be evaluated by a qualified environmental consultant and an addendum to the Environmental Impact Statement and terrain analysis reports shall be prepared to confirm the locations and any conditions necessary for construction.
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14 19.
The boundaries of the common element open space shall ensure that a 5m buffer between any Units and the wetland boundary within the common element open space is established, to the satisfaction of the Municipality.
Private roads included in the Plan identified as Blocks 16 and 17 shall be constructed to the Municipality’s standards for new private lanes and final approval of the constructed roads shall be obtained by the Owner from the Municipality’s Public Works Manager. Private roads must be completed prior to registration of the condominium agreement.
Private roads included in the Plan identified as Blocks 16 and 17 shall be located a minimum of 30 metres from the nearest point of any wetland or waterbody.
All driveway construction for each Unit shall require Site Plan Approval. All driveways shall be located a minimum of 30m from any waterbody and shall be designed by a qualified Engineer to ensure mitigative measures are applied to direct stormwater runoff and reduce erosion. The Driveway shall be constructed to the satisfaction of the Municipality.
The Owner agrees to provide to the Municipality a certified cheque in the amount of seventy thousand dollars ($70,000.00) to satisfy its obligations to undertake improvements to North Shore Road.
Private roads identified as Blocks 16 and 17 to be created as “Common Elements”, including the “Existing Roadway Easement over Private Lands”, shall be named to the satisfaction of the Municipality.
The Owner agrees to survey the wetland boundary of Unit 14 prior to construction of any driveway within the Unit. The driveway shall be located a minimum of 30 metres from the boundary of the surveyed wetland and said location shall be confirmed by an Ontario Land Surveyor. The driveway shall be constructed by the Owner as a condition of sale of the Unit. This condition shall be included in the agreement of purchase and sale for Unit 14.
The Owner acknowledges the letter dated September 3, 2014 from KFL&A Public Health to the County of Frontenac and agrees that the recommendations contained therein shall be implemented.
Subject to Condition 38(xi) the Owner agrees that any dock that is placed at Unit 2 shall be located on the western shore of Unit 2 so that the dock is not located along Long Bay, but is on the open water of Loughborough Lake. Only one (1) dock shall be permitted to service Unit 2, and all other existing docks shall be removed as a condition of Site Plan Approval for Unit 2.
Subject to Condition 38(xi), the Owner agrees that only one (1) dock shall be permitted to service Unit 1, and all other existing docks shall be removed as a condition of Site Plan approval for Unit 1.
In recognition that access to the open water of Long Bay from proposed Unit 6 is by way of an island within a wetland, the Owner agrees that a walking bridge will be installed under the supervision of the Cataraqui Region Conservation Authority and the Municipality to provide this access to Long Bay. Such walking bridge must be installed to the satisfaction of the Cataraqui Region Conservation Authority and the Municipality prior to registration of the Description and this Agreement.
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15 30.
The Owner agrees that Block 18, Common Element Open Space, shall be governed by the Declaration and the Condominium Rules to, at a minimum and without limitation, prohibit the removal of any vegetation within this area and to prohibit the creation of walkways and structures. Use of the Common Element Open Space shall be restricted to passive recreational uses and all motorized vehicles shall be prohibited. For the purposes of this section, “passive recreational uses” shall not include trails, hunting, motor boating, or use of any motorized vehicle. An overlook/viewing area shall be permitted in this Block; such overlook to be located adjacent to the private road and to be subject to Site Plan Approval.
The Owner shall convey up to five percent of the land included in the Plan to the Municipality for public park purposes. Alternatively, the Municipality may require cash-inlieu for all or a portion of the conveyance. The conveyance of land or the payment of cash in lieu shall be completed to the satisfaction of the Municipality prior to registration of this Agreement.
The Owner agrees to implement the following mitigation measures with respect to utilities and on-site works: i. The private road shall be posted with a 30 km/h speed limit sign placed to the satisfaction of the Municipality; ii. A turtle crossing and education sign developed to the satisfaction of the Municipality shall be installed on the private road near the southern end of Unit 13; iii. The private road shall be maintained as a gravel surface only; for clarity, no future hard surface paving shall be permitted without additional environmental impact analysis; iv. A land owner education program and environmental sensitivity information package shall be developed and provided to every owner of a Unit and the clause shall be included in all agreements of purchase and sale for any unit enclosing the education information package; and v. A permanent exclusion fence shall be constructed on both sides of the private road along the frontage of Units 6 and 8, to the satisfaction of the Municipality, and subject to any necessary approvals from the Cataraqui region Conservation Authority.
Speed limit signs shall be erected at the water at the entrance to Long Bay advising that all watercraft shall adhere to a maximum 10 km/h speed limit
The Owner acknowledges that the development of all Units shall be subject to Site Plan Control Approval.
(a)
Site Plan Control applications shall be circulated to the Cataraqui Region Conservation Authority for review and comment prior to Municipality approval. Prior to applying for any building permit for any Unit, the Owner shall obtain site plan approval for the entire site (Master Site Plan). The Master Site Plan for the entire site shall identify generally the following features and shall assign the total area of disturbance for each Unit and the Common Elements consistent with the area of disturbance permitted by Permit PT-C-001-16. The master site plan shall incorporate all recommendations from the approved studies incorporated by reference into this Condominium Agreement. Without limiting the generality of the foregoing, the master site plan shall include the following:
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16 (i) An approved Site Plan showing the approximate location of all structures, including the septic disposal system and well, consistent with the recommendations of the Environmental Impact Statement, including without limitation the footprint of proposed structures and the relationship of that footprint to the maximum disturbed area contained in the Benefit Permit PT-C-001-16 and confirmation that each building envelope for each Unit shall not exceed 6400 sq ft (595 sq m); ii) An approximate location for the alternate septic disposal system; iii) The approximate location and width of any walkway to the water, where such walkway is permitted; iv) The approximate location of any dock, where a dock is permitted; v) The location of any driveway and conformation it is located a minimum of 30m from any wetland; vi) the location of the Butternut tree on Unit 8 and the required 25m setback from the tree; vii) The location of the private road and conformation it is located a minimum of 30m from any wetland; viii) Compliance with Conditions 12A (i, ii, iii and v) in the Draft Plan Conditions to illustrate the signage and fencing provisions, including any signage required by the Environmental Benefit Permit PT-C-001-16; ix) the location of all common element blocks and common facilities including location of Canada Post mail box & garbage/recycling containers, and street lights; x) Comment Element Open Space blocks identifying that only passive recreational uses shall be permitted and prohibiting removal of vegetation. This should include any overlook/viewing area located adjacent to the private road; and xi) Provisions to ensure that all living trees on each unit greater than 4 inches in diameter at breast height shall be maintained unless approved for removal as part of a site plan control application for a specific unit. (b)
The owner of any Unit shall obtain Site Plan Control Approval and enter into a Site Plan Control agreement with the Municipality for their specific Unit in advance of obtaining any building permit, which agreement shall include, but not be limited to, the following. i) An approved Site Plan showing the location of all structures, including the septic disposal system and well, consistent with the recommendations of the Environmental Impact Statement and the approved Master Site Plan; ii) A location for the alternate septic disposal system location, which location shall not be developed; iii) The location of any walkway to the water, where such walkway is permitted iv) The location and size of any dock, where a dock is permitted; v) The location and material of any driveway;
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17 vi) Confirmation that all living trees on each Unit greater than 4 inches in diameter at breast height shall be maintained unless approved for removal as part of the Unit specific site plan review; and vii) Confirmation that the total area of disturbance for all structures, driveways and pathways conforms with Permit PT-C-001-16, including all development existing and proposed within Unit specific site plan. 35.
The Owner shall comply with Permit PT-C-001-16 issued to 1324789 Ontario Inc. under Clause 17(2)(c) of the Endangered Species Act, 2007 and dated October 28, 2018. Permit PT-C-001-16 is hereby incorporated by reference into this Agreement and the version of the permit on file with the Ministry of Environment Conservation and Parks shall govern in the event of any dispute.
The Owner agrees that access to Units 1, 2, 3, 4, 5 and 14 shall be obtained over the abutting portion of the existing lane that is located on adjacent private lands. This access shall be formalized by easement and contained within a joint use and maintenance agreement between the Owner and the owners of the adjacent lots acknowledging that the existing residential lots’ access over the lane will be maintained back to North Shore Road. The joint use and maintenance agreement for access shall be registered on title between the Condominium Corporation and the owners of the adjacent properties. The joint use and maintenance agreement shall be to the satisfaction of the Municipality and shall be established prior to the registration of the Plan.
The Owner acknowledges and agrees that until such time as the North Shore Road is reconstructed by the Municipality, the Owner shall not be obligated to construct garbage receptacles or a Community Mail Box. Notwithstanding the foregoing, where the first occupancy certificate is issued by the Municipality for any of the Units in the Plan, the Owner shall construct an interim garbage receptacle and Community Mail Box within thirty (30) days of issuance of the occupancy certificate, all to the satisfaction of the Municipality. The location of the garbage receptacle and Community Mail Box shall generally be at the intersection of the North Shore Road and Hinterland Lane, to be confirmed with the Municipality prior to construction. The Owner further agrees to construct a permanent garbage receptacle and Community Mail Box within 30 days of receiving notice from the Municipality that the reconstruction of the North Shore Road is complete. All construction shall be at a location and to a standard satisfactory to the Municipality in its sole discretion and shall include street lighting to the satisfaction of the Municipality.
The Owner shall include in the Declaration the following provisions which shall, without limiting the generality of the foregoing, also form part of this Agreement, binding on the Owner: i. all access roads and driveways shall be set back a minimum of 30 m from all wetlands and water bodies; ii. silt barriers between all construction areas and wetlands or other water bodies shall be installed and maintained throughout the construction process until all disturbed areas have been revegetated; iii. all building envelopes and septic beds shall be located at the top of slope, complying with the setback distances established in Attachment C to the Conditions of Draft Approval; iv. subject only to condition 38 (v), (vii), all living trees greater than 4 inches diameter at breast height within 40 m of any water body shall not be removed, with the exception of trees knocked over naturally;
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18 v. subject only to condition 38 (vii), all vegetation, with the exception of invasive species, shall be retained and maintained in their natural state within 30 m of all water bodies; vi. An Ecological Committee shall be set up as part of the Condominium Board whose mandate shall be to promote environmental stewardship initiatives on Johnston Point; vii. Notwithstanding sub-paragraphs 38 (iv) and (v) above, the owner of a Unit, with the exception of Units 7, 9, 12, 13 and 15, may construct a walkway to the water provided that the walkway is no wider than 1.5m and provided that the walkway is constructed in the locations set out in the drawing attached to the Conditions of Draft Approval as Attachment A. Any deviation from these prescribed locations may only be considered if in consultation with a qualified environmental professional to the satisfaction of the Municipality; viii. The Owner shall construct the walkways to the water as a condition of sale of the Units where a walkway is permitted. This condition shall be included in the agreement of purchase and sale for all Units where a walkway is permitted; ix. The existing Butternut tree at Unit 8 shall be retained and no development shall be permitted within 25 m of the tree; x. Signage shall be installed at the PSW boundary to ensure residents do not alter, fill or negatively impact the PSW, which signage shall be worded to the satisfaction of the Municipality and the CRCA; xi. Docks may only be constructed on units 1, 2, 3, 4, 5, 6 (Unit 6 is subject to obtaining access in accordance with these conditions), 8, 10, 11 and 14 provided that the following restrictions are complied with:
- docks may only be constructed at the general locations identified on Attachment A to the Conditions of Draft Approval;
- The joint use docks may only be constructed in accordance with all applicable approvals issued by the Cataraqui Region Conservation Authority and/or the Ministry of Natural Resources and Forestry;
- docks must be floating or pole docks;
- no aquatic vegetation shall be removed during construction, use or maintenance of any dock;
- the surface area of any dock located in Long Bay shall not exceed 15 m² and its length shall not exceed 8 m;
- subject to 38 (xii), the surface area of any dock not located in Long Bay may not exceed 20 m² and its length shall not exceed 8 m;
- the Owner shall work with any purchaser of any Unit to determine their preference and docking needs and shall facilitate the installation and permitting of all docks as a condition of sale of the Units where a dock is permitted. As per condition 38 (xi) 2, dock location and construction shall only occur following CRCA and/or MNRF permit issuance. This condition shall be included in the agreement of purchase and sale for all Units where a dock is permitted. xii. Joint use docks may be constructed on Unit 10 to provide shared docking for the owners of Units 7, 9, 12, 13 and 15, subject to the following restrictions:
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19
- The Owner’s qualified environmental professional, in cooperation with the Cataraqui Region Conservation Authority, will identify a low/no impact 1.5 metre walkway to the joint use docking facility through the vegetated buffer on lot 10 generally in the location identified on Attachment A to the Conditions of Draft Approval to the water’s edge. The walkway shall be constructed a minimum of 3m from the adjacent wetland boundary and be delineated by a page wire fence. The Owner shall construct the joint use docks as a condition of sale of the first Unit that is permitted to use the joint use docks. This condition shall be included in the agreement of purchase and sale for all Units that are permitted to use the joint use dock;
- The owners of Units 7, 9, 12, 13 and 15 shall have the benefit of a legal right of way over that part of Unit 10 where the walkway is constructed in accordance with this condition;
- The joint use docks may only be constructed in accordance with conditions of approval issued by the applicable approval provider;
- The joint use docks must be floating, cantilever, or pole docks;
- No aquatic vegetation shall be removed during construction, use or maintenance of any dock;
- The owners of Units 7, 9, 12, 13 and 15 will have exclusive use of the 0.31 ha common element small island located south of and between units 8 & 9;
- Development on this common element small island will comply with Condition 38(v). The old corduroy road/path to the island shall be removed in accordance with the recommendations of a qualified environmental professional. The location of the dock shall be limited to the east side of the island. Permanent exclusionary fencing and signage shall be installed limiting access to the west side of the island. Signage will explain why no access to the west side of the island is permitted. Any deviation from these prescribed locations on Attachment A to the Conditions of Draft Approval may only be considered if in consultation with a qualified environmental professional to the satisfaction of the Township;
- The owners of Units 7, 9, 12, 13 and 15 will be permitted additional shared docking on this common element small island. All joint use docking on the island shall conform to the requirements of this condition (xii);
- The joint use docks shall be constructed so that they do not interfere with navigation and shall conform with the applicable zoning for docks.
xii. The Owner shall comply with Permit PT-C-001-16 issued to 1324789 Ontario Inc. under Clause 17(2)(c) of the Endangered Species Act, 2007 and dated October 28, 2018.
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INFORMATION REPORT TO COUNCIL FIRE DEPARTMENT
AGENDA DATE:
March 17, 2020
SUBJECT:
Tender No. FD-2020-01
RECOMMENDATION: For information only. BACKGROUND: South Frontenac Fire and Rescue staff budgeted for a new 2020 4x4 Mid-Sized SUV in the approved 2020 budget. This purchase is to accommodate the need for an additional vehicle with the hiring of the Assistant Fire Chief position. A tender was advertised on the internet, and in the local paper. This tender closed on February 5th, 2020 and one bid was received. The results are as follows: Supplier
Total (excluding HST)
Town and Country Chrysler
$42,439.00
(Jeep Cherokee)
The submission of the bidder has been evaluated and was found to be accurate and complete. Town and Country is a reputable supplier of vehicles and has provided a vehicle meeting the specifications and requirements of the Tender. Their submission is for One (1) 2020 Model Jeep Cherokee Trailhawk 4x4 in White. For these reasons and because their tendered price was within budget, South Frontenac Fire and Rescue staff has awarded the tender, through delegated authority to Town and Country Chrysler, for $42,439 plus HST. STRATEGIC PLAN ALIGNMENT: This vehicle will have a 2.0L engine which is significantly smaller and more fuel efficient than typical 6 cylinder engine options available on off-road capable midsized SUVs. This was specified in part because reducing vehicle carbon emissions aligns with the Township’s Strategic Priority #2 “Promote and support growth that meets the community’s needs while maintaining the integrity of our natural environment”, and with our corporate mission which includes:
- Recognizing the Township’s role in the stewardship of our environment; seeking and taking advantage of practical opportunities to improve and sustain it.
And our value of Environmental Sustainability.
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 107 of 124
INFORMATION REPORT TO COUNCIL FIRE DEPARTMENT
FINANCIAL/STAFFING IMPLICATIONS: An amount of $48,000.00 was approved in the 2020 Capital Budget for this purchase. The remaining funds will be used to outfit the vehicle with the necessary emergency lights, sirens, radios, and fire department decals. The total cost will be within approved budget. Submitted by: Darcy W. Knott Director of Fire and Emergency Services Fire Chief / CEMC Approved by: Neil Carbone, CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 108 of 124
INFORMATION REPORT TO COUNCIL FIRE DEPARTMENT
AGENDA DATE:
March 17, 2020
SUBJECT:
Emergency Management and Civil Protection Act Compliance
RECOMMENDATION: This report is for information only. BACKGROUND: The Township of South Frontenac is legislatively required to submit its annual compliance with the Emergency Management and Civil Protection Act (EMCPA) related to our emergency planning operations and functions. This submission is required to be completed by the designated Community Emergency Management Coordinator (CEMC). The submission requirements include the following:
Comprehensive review and update (if required) of the Township of South Frontenac Emergency Plan Review and update (if required) the community Hazard Identification Risk Assessment (HIRA) Review and update (if required) the community Critical Infrastructure (CI) Provide public education and information related to emergency preparedness Provide annual training to the Municipal Emergency Control Group (MECG) Complete an annual exercise of the emergency plan through a table top exercise, simulated exercise, or full scale exercise.
Emergency Management Ontario has reviewed our submission for 2019 and the identified components that were achieved throughout the year and have granted the Township with 2019 compliance with the requirements of the EMCPA. STRATEGIC PLAN ALIGNMENT: The 2019 compliance with the EMCPA, aligns with our Strategic Priority #3 “Ensure the organizational capacity to deliver cost-effective services in a changing world”. This compliance ensure that we are exercising our operational and planning capacity to respond and mitigate the effects of an emergency within the Township of South Frontenac. FINANCIAL/STAFFING IMPLICATIONS: None ATTACHMENTS: Letter of 2019 EMCPA Compliance Submitted by:
Approved by:
Darcy W. Knott Director of Fire and Emergency Services Fire Chief / CEMC
Neil Carbone CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Page 109 of 124 Ministry of the Solicitor General
Ministère du Solliciteur général
Office of the Fire Marshal and Emergency Management
Bureau du commissaire des incendies et de la gestion des situations d’urgence
25 Morton Shulman Avenue Toronto ON M3M 0B1 Tel: 647-329-1100 Fax: 647-329-1143
25 Morton Shulman Avenue Toronto ON M3M 0B1 Tél. : 647-329-1100 Téléc. : 647-329-1143
February 15, 2020
Your Worship Ron Vandewal Township of South Frontenac P.O. Box 100, 4432 George St. Sydenham, ON K0H2T0 Dear Mayor: As the Chief of Emergency Management for Ontario, it is incumbent on me to monitor, coordinate and assist municipalities with their respective municipal emergency management programs in accordance with the Emergency Management and Civil Protection Act (EMCPA). To confirm municipalities are in compliance with the EMCPA, every municipality in Ontario submits a compliance package to Emergency Management Ontario on a yearly basis. The Office of the Fire Marshal and Emergency Management (OFMEM) has reviewed the documentation submitted by your Community Emergency Management Coordinator (CEMC) and has determined that your municipality was compliant with the EMCPA in 2019. The safety of your citizens is important, and one way to ensure that safety is to ensure that your municipality is prepared in case of an emergency. You are to be congratulated on your municipality’s efforts in achieving compliance in 2019. I look forward to continuing to work with you to ensure your continued compliance in 2020. If you have any questions or concerns about this letter, please contact your Emergency Management Field Officer; their contact information is below.
Name: TeresaAlonzi Email: teresa.alonzi2@ontario.ca Phone: 613-329-0807 Sincerely,
Douglas Browne Chief of Emergency Management cc:
Darcy Knott - CEMC Teresa Alonzi - Field Officer - Loyalist Sector
Page 110 of 124
REPORT TO COUNCIL TREASURY DEPARTMENT
AGENDA DATE:
March 17th, 2020
SUBJECT:
2019 Development Charges Reporting
RECOMMENDATION: This report is for information only. BACKGROUND: Bill 73 (Smart Growth for our Communities Act, 2015) amendments to the Development Charges Act (DCA), 1997 came into force on January 1, 2016. The Ministry of Municipal Affairs and Housing (MMAH) states that the legislation aims to “help municipalities recover more costs for growth-related infrastructure and enhance transparency and accountability”. The changes incorporate several requirements including additional reporting to Council in relation to the year-end development charges reserve. Attached is 2019 Development Charges reporting which meets these legislated reporting requirements. ANALYSIS/DISCUSSION: The 2019 development charges reserves had an opening balance of $2,412,700.09. Revenues from residential development charges were $524,994.60 and commercial/industrial revenues were –$14,989.52 (due to refunds/cancellation of permits). The percentage allocation of these revenues is based on by-law 2014-54 up to August 31st and by-law 2019-48 for September 1st to December 31st. Interest of $113,971.39 was allocated to the reserve and $335,535.01 was spent on Capital projects bringing the year-end balance to 2,701,141.55. The Capital projects where Development charges were allocated were: Green Bay Road Round Lake Road Carrying Place Road Development Charges Study Growth Study Official Plan
$ 87,871 $ 93,855 $ 118,274 $ 30,346 $ 4,421 $ 768
ATTACHMENTS: 2019 Development Charges reporting Prepared by: Louise Fragnito Director of Corporate Services & Treasurer Submitted/approved by: Neil Carbone, CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
Development Charge Reserve Fund - 2019 allocated per provisions of former & current by-laws BALANCE AT BEGINNING OF YEAR
By-Law Developer Contributions %
New By-Law Developer Contributions %
346,717.60
General Government 39,402.44 Fire Services 5,399.63 Recreation 216,286.74 Engineering Services - Studies Community Based Studies Landfill 6,547.82 Public Works-Roads, Bridges and Equipment 1,934,664.45 Library 64,332.13 Police 146,066.88 Sub-total 2,412,700.09
2.160% 8.100% 1.400%
7,489.11 28,084.13 4,854.05
82.020% 0.780% 5.540% 100.000%
Commercial & Industrial Developer Contributions %
178,277.00
Subtotal
-14,989.52
Interest
Transfers to Revenue & Capital Fund
113,971.39
-335,535.01
BALANCE AT END OF YEAR
0.00 19,417.93 18,829.62 1,595.58 4,160.99
2.28% 8.810%
-341.76 -1,320.58 0.00
46,549.79 51,581.11 239,970.41 1,595.58 4,160.99 6,547.82
1,815.22 2,011.41 9,357.69 62.22 162.26 255.33
-35,535.01
10.892% 10.562% 0.895% 2.334%
12,830.00 53,592.52 249,328.10 1,657.80 4,323.25 6,803.15
284,377.75 2,704.40 19,208.16 346,717.60
73.068% 0.757% 1.492% 100.000%
130,263.43 1,349.56 2,659.89 178,277.00
83.550%
-12,523.74 2,336,781.89 0.00 68,386.09 -803.44 167,131.49 -14,989.52 2,922,705.17
91,123.21 2,666.73 6,517.32 113,971.39
-300,000.00
2,127,905.10 71,052.82 173,648.81 2,701,141.55
2019 Project Development Federal Gas Cost Charges Tax 175,742 87,871 0 544,233 93,855 405,000 282,589 118,274 0 30,346 30,346 0 4,421 4,421 0 768 768 0
Taxation 87,871 45,378 164,315 0 0 0
5.360% 100.000%
-335,535.01
Breakdown of asset(s) funded from Development Charges
Green Bay Road Round Lake Road Carrying Place Development Charges Study Growth Study Official Plan
Page 111 of 124
Page 112 of 124
Payment Listing For the period of March 4, 2020 to March 17, 2020
Accounts Payable Payment Listing:
$
1,798,352.74
$
99,268.23
$
101,733.50
$
1,999,354.47
For the period of March 4, 2020 to March 17, 2020 Payroll Payment Listing: Pay Period #20-05
Pay date March 11 2020 For the period of February 23, 2020 to March 7, 2020
Volunteer Firefighters
Pay date March 13, 2019 For the period of December 1 2019 to February 29, 2020
Total Payments
RECOMMENDATION:
It is recommended that Council receive for information the listing of the Accounts Payable and Payroll for the period ending March 17, 2020 in the amount of
$
1,999,354.47
Submitted by: Mark Foster - Accounting Clerk Approved by: Tracey Pritchard - Acting Deputy Treasurer
System:
2020-03-12
User ID:
mfoster
Ranges: Cheque Date:
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
11:38:22 AM
From: 2020-03-04
To: 2020-03-17
Page:
1
Page 113 of 124
Distribution Types Included: PURCH, MISC
10 GG 0000 Gen Cheque EFT000000013033
Date
Inv #
2020-03-17
Vendor
Description
271630
DIAMOND SOFTWARE INC GP Annual Fees
44827 44765
INDEPENDENT TELEPHONE SERVICES Backed up Phone System Holiday Table
Total EFT000000013033 EFT000000013049 2020-03-17
Total EFT000000013049
Total Gen
Amount $31,416.60 $31,416.60 $305.28 $86.50 $391.78
$31,808.38
0020 TaxC Cheque EFT000000013027
Date
Inv #
2020-03-17 58344
Vendor
Description
COUNTY OF FRONTENAC Q1 Levy
Total EFT000000013027
Total TaxC
Amount $1,497,128.25 $1,497,128.25
$1,497,128.25
1000 Cheque 070825 Total 070825 070836 Total 070836 070837 Total 070837 EFT000000013027
Date 2020-03-04
Inv #
Vendor
Description
SABRA GIBBENS MPC 2019 YE RECON. 2019 YE Recon.
2020-03-17 1000219475
TROY LIFE & FIRE SAFETY LTD. 3X Extinguisher Wall Brackets
1242
VERONA CARPET SALES 753.48X Sq Feet Carpet Tile
58285 58284
COUNTY OF FRONTENAC Projector Lamp Firewall Appliances
2020-03-17
2020-03-17
Total EFT000000013027 EFT000000013029 2020-03-17
Amount $983.31 $983.31 $20.35 $20.35 $2,683.59 $2,683.59 $191.70 $227.13 $418.83
CULLIGAN 2684347 80163TJ
Total EFT000000013029 EFT000000013032 2020-03-17
20/03 Water Cooler Rental Water
1088
DAHM PAINTING & DECORATING LTD Priming+ Painting
0279-104219
EARL ROSEBUSH FUELS 392.0L @1.099
44822
INDEPENDENT TELEPHONE SERVICES Network Cable Install
20/02-OFFICE 20/02-OFFICE
R&D NELSON GENERAL MAINTENANCE 20/01+20/02 General Maint. 20/01+20/02 General Maint.
SI000504 SI000557
SELECT DOOR AND FRAME 2X Level Lockset Passages Service Call + Exit Device
101516 101664 101628
TROUSDALE’S HOME HARDWARE Salt Screws, Door Caps + Spackle Screws, Door Caps + Spackle
19-014-5
UBCON CONSTRUCTION LTD Basement Renos
18866 18865
UNITY SOD FARM LTD. Snow Plowing Snow Plowing
Total EFT000000013032 EFT000000013036 2020-03-17 Total EFT000000013036 EFT000000013049 2020-03-17 Total EFT000000013049 EFT000000013071 2020-03-17
Total EFT000000013071 EFT000000013077 2020-03-17
Total EFT000000013077 EFT000000013086 2020-03-17
Total EFT000000013086 EFT000000013087 2020-03-17 Total EFT000000013087 EFT000000013088 2020-03-17
Total EFT000000013088
Total
$10.12 $52.56 $62.68 $1,305.07 $1,305.07 $459.81 $459.81 $985.14 $985.14 $2,121.70 $384.35 $2,506.05 $123.68 $1,055.95 $1,179.63 $17.28 $21.34 $11.89 $50.51 $5,842.49 $5,842.49 $1,212.98 $1,758.41 $2,971.39
$19,468.85
1250 Clk Cheque EFT000000013031
Date
Inv #
2020-03-17
Total EFT000000013085
Description
BUSKIIN7204
D2 WIRELESS - TELUS AUTHORIZED DEALER Galaxy A50 E.C.
7572 7319
TROUSDALE’S FOODLAND Coffee+ Milk+Cream+Sweetner RSDR Meeting Food
Total EFT000000013031 EFT000000013085 2020-03-17
Total Clk
Vendor
Amount $61.05 $61.05 $46.03 $15.00 $61.03
$122.08
System:
2020-03-12
User ID:
mfoster
11:38:22 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
Page:
2
Page 114 of 124
1275 Fin Cheque 070834 Total 070834 070840 Total 070840 EFT000000013015
Date
Inv #
2020-03-17
Vendor
Description
8100977445
SHRED-IT INTERNATIONAL ULC 20/02 Shredding Services
2019 NSF FEE
BAYSIDE WOODS CO-OP CAMP NSF Fee
24200 24200
BAYRIDGE PRINTER PROS Serv. Call- Maint. Kit T.P. Toner T.P.
2077
TROUSDALE’S FOODLAND RSDR Interview Food
2020-03-17
2020-03-17
Total EFT000000013015 EFT000000013085 2020-03-17 Total EFT000000013085
Total Fin
Amount $75.20 $75.20 $45.00 $45.00 $463.01 $650.25 $1,113.26 $53.27 $53.27
$1,286.73
1280 HR Cheque 070831
Date
Inv #
2020-03-17
Vendor
Description
HIBERNUM FARMS INC. HR Consulting Services
Amount
Total 070831
$202.61 $202.61
Total HR
$202.61
Total GG
$1,550,016.90
1
20 PP&P 2100 Fire Cheque 070831 Total 070831 070839 Total 070839 EFT000000013009
Date
Inv #
2020-03-17
Vendor
Description
1
HIBERNUM FARMS INC. HR Consulting Services
2020-1805
WESTENDORP DEMOLITION Demo- Fire Hall
31713 31714 31715
BOULTON SEPTIC/LARMON’S Snow Plowing Snow Plowing Snow Plowing
A2623572 A2641353
ABELL PEST CONTROL INC. 20/02 Pest Control 20/02 Pest Control
INV65667
ARMSTRONG MONITORING Calibrate Exhaust Sensor
1-254472
BELL MOBILITY (RADIO DIVISION) 20/03 Site Rental
58284
COUNTY OF FRONTENAC Firewall Appliances
4896-104944 4896-104475 4896-103071 4896-100707 0646-105017 0646-102976 0647-104930 0647-102969 1060-105007 2706-104905 2706-104183 2706-101677 1057-104889 1057-104174 1057-101668 1057-101033 3935-104943 3935-103072 1057-100677 1057-98404 3935-99625 3935-97120 1057-97079 2706-97091 2706-98422 2706-99602 0647-99620 0646-98528 0646-100745 4896-98460
EARL ROSEBUSH FUELS 194.80L @.776 266.50L @.832 365.20L @.847 349.90L @.887 580.10L @.792 401.30L @.858 712.40L @.792 1025.60L @.858 550.90L @1.049 169.80L @.792 342.50L @.825 388.00L @.894 524.70L @.787 739.70L @.825 363.20L @.869 415.10L @.887 37.20L @.787 400.00L @.838 326.40L@.902 424.90L @.893 314L @.901 453L @.882 464.70L @.882 417.70L @.874 198.60L @.886 207.00L @.897 674.00L @.897 281.50L @.886 485.20L @.902 343.60L @.893
20066
IMPACT PROPERTY SOLUTIONS Facia Board + Cap Circuits
2020-03-17
2020-03-17
Total EFT000000013009 EFT000000013010 2020-03-17
Total EFT000000013010 EFT000000013013 2020-03-17 Total EFT000000013013 EFT000000013017 2020-03-17 Total EFT000000013017 EFT000000013027 2020-03-17 Total EFT000000013027 EFT000000013036 2020-03-17
Total EFT000000013036 EFT000000013048 2020-03-17
Amount $207.48 $207.48 $13,259.33 $13,259.33 $610.56 $503.71 $279.84 $1,394.11 $41.18 $50.80 $91.98 $310.37 $310.37 $328.00 $328.00 $227.14 $227.14 $164.47 $240.23 $334.72 $334.94 $499.22 $372.31 $613.08 $951.51 $618.17 $146.13 $306.24 $374.17 $448.88 $661.41 $341.02 $397.35 $31.83 $362.97 $317.42 $409.33 $305.06 $431.33 $442.47 $394.32 $189.90 $200.25 $652.05 $269.18 $471.86 $331.02 $11,612.84 $621.34
System:
2020-03-12
User ID:
mfoster
11:38:22 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT 20069
Total EFT000000013048 EFT000000013058 2020-03-17
15X Fixtures
Page:
3
Page 115 of 124 $1,729.20 $2,350.54
LEONARD FUELS 1060-61691C
Total EFT000000013058 EFT000000013059 2020-03-17 20/02/18-09 Total EFT000000013059 EFT000000013062 2020-03-17
Service Furnace LEONARD, ELIZABETH Cleaning
$266.87 $266.87 $60.00 $60.00
LONDRY ALARMS 202210
Total EFT000000013062 EFT000000013071 2020-03-17
New Wire + New Transformer
20/02-PRFH 20/02-PRFH
R&D NELSON GENERAL MAINTENANCE 20/01+20/02 General Maint. 20/01+20/02 General Maint.
SCO92700726 SCO92739358
RICOH CANADA INC. 20/01 Copier Usage + Rental 20/02 Copier Usage + Rental
18868
UNITY SOD FARM LTD. Snow Plowing
Total EFT000000013071 EFT000000013072 2020-03-17
Total EFT000000013072 EFT000000013088 2020-03-17 Total EFT000000013088
Total Fire
$306.30 $306.30 $219.80 $173.39 $393.19 $134.77 $134.62 $269.39 $740.81 $740.81
$31,818.35
2110 Cvc# Cheque EFT000000013078
Date
Inv #
2020-03-17
Vendor
Description
Amount
SIGNS PLUS
Total EFT000000013078
$9.16 $9.16
Total Cvc#
$9.16
3182
Civic
2605 Build Cheque EFT000000013083
Date
Inv #
2020-03-17 6083-586265
Vendor
Description
TOWN AND COUNTRY AUTO SUPPLY 2X Beam Blades
Total EFT000000013083
Amount $35.92 $35.92
Total Build
$35.92
Total PP&P
$31,863.43
30 Trans 3000 PW OH Cheque EFT000000013012
Date
Inv #
2020-03-17
Vendor
Description
C14258-030120
ALLIANCE WIRELESS COMMUNICATIONS 20/03 Answering Service
BUSKIIN7166
D2 WIRELESS - TELUS AUTHORIZED DEALER Blackberry Key2 M.S.
44773
INDEPENDENT TELEPHONE SERVICES PW Phone Recording
SCO92700726 SCO92739358
RICOH CANADA INC. 20/01 Copier Usage + Rental 20/02 Copier Usage + Rental
Total EFT000000013012 EFT000000013031 2020-03-17 Total EFT000000013031 EFT000000013049 2020-03-17 Total EFT000000013049 EFT000000013072 2020-03-17
Total EFT000000013072
Total PW OH
Amount $381.13 $381.13 $264.58 $264.58 $86.50 $86.50 $101.93 $116.39 $218.32
$950.53
3005 RdAdmOH Cheque EFT000000013017
Date
Inv #
2020-03-17
Vendor
Description
1-254472
BELL MOBILITY (RADIO DIVISION) 20/03 Site Rental
44801
INDEPENDENT TELEPHONE SERVICES Mailbox 4329
Total EFT000000013017 EFT000000013049 2020-03-17 Total EFT000000013049
Total RdAdmOH
Amount $295.38 $295.38 $86.50 $86.50
$381.88
3010 Cheque 070829 Total 070829 070830 Total 070830 EFT000000013011
Date
Inv #
2020-03-17
Description
2020.101
AMBASHI ENGINEERING & MANAGEMENT INC. Topo. Survey
020/40132993
GROENEVELD LUBRICATION SOLUTIONS Cable Press Solenoid
71174939
AIR LIQUIDE CANADA INC. Oxygen
AL4894-030120
ALLIANCE WIRELESS COMMUNICATIONS Equip + Install Video Addition
2020-03-17
2020-03-17
Total EFT000000013011 EFT000000013012 2020-03-17 Total EFT000000013012 EFT000000013013 2020-03-17
Vendor
ARMSTRONG MONITORING
Amount $6,996.00 $6,996.00 $206.60 $206.60 $33.05 $33.05 $943.92 $943.92
System:
2020-03-12
User ID:
mfoster
11:38:22 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT INV65669 INV65668
Total EFT000000013013 EFT000000013018 2020-03-17 40378 Total EFT000000013018 EFT000000013022 2020-03-17
Calibrate Exhaust Sensor Calibrate Exhaust Sensor BLACK DOG TIRE & LUBRICANTS Tire Change
Page:
4
Page 116 of 124 $534.24 $366.34 $900.58 $36.52 $36.52
CINTAS 4044449055 4044449055 4044449057 4044449057
Total EFT000000013022 EFT000000013024 2020-03-17
Uniform Cleaning Supplies Uniform Cleaning Supplies
KIN/102206
CITY ELECTRIC SUPPLY 4’ LED Wrap
W 1976
CROSSIRON TRUCK & EQUIPMENT Oil Leak
15691
D.M. WILLS ASSOCIATES LIMITED Consulting Services
3160-103070 1058-101667 1058-104175 4185-103106 4185-97179 1058-98403 1058-99589 3160-98457
EARL ROSEBUSH FUELS 389.70L @.838 999.50L @.888 827.00L @.832 527.50L @1.099 484.70L @1.099 816.60L @.891 544.50L @.897 346.80L @.893
Total EFT000000013024 EFT000000013028 2020-03-17 Total EFT000000013028 EFT000000013035 2020-03-17 Total EFT000000013035 EFT000000013036 2020-03-17
Total EFT000000013036 EFT000000013037 2020-03-17
$10.16 $70.21 $40.00 $198.38 $318.75 $96.67 $96.67 $609.48 $609.48 $1,228.87 $1,228.87 $353.62 $957.80 $745.36 $618.76 $568.53 $785.02 $526.78 $334.09 $4,889.96
ECO TREE CARE 3349
Total EFT000000013037 EFT000000013038 2020-03-17 83060 83061 Total EFT000000013038 EFT000000013040 2020-03-17
Remove 2X Sugar Maples EQUIPEMENTS LOURDS PAPINEAU INC 2XConvoyer Spreader+2X Bearing 3XConvoyer Spreaders
$1,526.40 $1,526.40 $210.05 $159.36 $369.41
FISH, DOROTHY 43175
Cleaning
59637 59794 59771 59771 59771 59771 59709 60034
GIN-COR INDUSTRIES INC Tailgate Air Valve Shaft + Sprocket + Bearing 2X Chain Pins & Cotter 2X Chain Pins & Cotter 2X Chain Pins & Cotter 19X Chain Pins & Cotter Trouble Shoot Lift Axle Chain + Rebuild Kit
P787241
GRAND & TOY LIMITED Office Supplies
INV-1684
HARTINGTON EQUIPMENT LIMITED 20/02 Loader Rental
Total EFT000000013040 EFT000000013042 2020-03-17
Total EFT000000013042 EFT000000013043 2020-03-17 Total EFT000000013043 EFT000000013045 2020-03-17 Total EFT000000013045 EFT000000013047 2020-03-17
$410.00 $410.00 $202.87 $576.96 $1.82 $1.82 $1.82 $17.22 $1,623.07 $1,976.13 $4,401.71 $72.24 $72.24 $4,579.20 $4,579.20
HYDRO ONE 3000289338
Total EFT000000013047 EFT000000013050 2020-03-17
Relocate- Scanlan Rd
91830
J.L. RICHARDS & ASSOCIATES LIMITED Professional Services
9307405341 9307405340 9307434515 9307434516 9307431120 9307431121
KENT AUTOMOTIVE Couplers+Tips+ Bolts Nuts+Screws+Bolts+ Fittings Spring Link Plow Bolts+ Parts Cleaner Assorted Parts Plow Bolts + Parts Cleaner
703913
KINGSTON DODGE CHRYSLER LTD Nozzle
20/02/29-10
LEONARD, ELIZABETH Cleaning
2101980147 2102026564 2101996871 2102002724 2101996862 2102030248
MESSER CANADA INC. Oxygen Cylinder Utilization Fee Gases Gases Gases Cylinder Uitlization Fees
Total EFT000000013050 EFT000000013053 2020-03-17
Total EFT000000013053 EFT000000013055 2020-03-17 Total EFT000000013055 EFT000000013059 2020-03-17 Total EFT000000013059 EFT000000013061 2020-03-17
Total EFT000000013061 EFT000000013065 2020-03-17
$5,692.86 $5,692.86 $877.01 $877.01 $261.59 $568.26 $45.59 $154.58 $305.51 $154.58 $1,490.11 $60.99 $60.99 $375.00 $375.00 $71.64 $8.14 $25.01 $251.91 $521.62 $41.72 $920.04
BRANDT 8003797
Total EFT000000013065 EFT000000013067 2020-03-17 145539
Chipper Repair PAT’S RADIATOR SERVICE LTD. Rubber Deflector
$777.50 $777.50 $530.17
System:
2020-03-12
User ID:
mfoster
11:38:22 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
Total EFT000000013067 EFT000000013068 2020-03-17
Page:
5
Page 117 of 124 $530.17
PETRIE FORD 283902 283902 284115 284115 284115 284428 284423 284487 284487 284727
Total EFT000000013068 EFT000000013069 2020-03-17 864142466 864142687 864142467 Total EFT000000013069 EFT000000013070 2020-03-17
Oil Oil Red Coolant Red Coolant Red Coolant Mirror Fuel Cap + Wiper + Jet kit Blue Lite Glass &Oil Cleaner Lens PREMIER TRUCK GROUP Tank-Surge Repair Kit Muffler + Flex Hose
$26.99 $26.99 $87.31 $29.10 $232.84 $17.81 $58.83 $112.50 $116.01 $13.25 $721.63 $209.97 $645.34 $1,175.74 $2,031.05
PUROLATOR INC. 443990427
Shipping from Equip. Lourds
20/02-G,B,P 20/02-G,B,P 20/02-G,B,P 20/02-G,B,P
R&D NELSON GENERAL MAINTENANCE 20/01+20/02 General Maint. 20/01+20/02 General Maint. 20/01+20/02 General Maint. 20/01+20/02 General Maint.
1058-12638 1058-12639
ROSESON DISTRIBUTORS INC. 4X Lubes 4X Lubes
32228209
RUSSEL METALS INC Hot Rolled Round Bar
183823KP 182681KP 182243KP 184211KP
SURGENOR TRUCK CENTRE 2X Steering Sp-ord Assorted Parts Bracket + Wiper Blades Lube Spin
358903KI 359062KI 359099KI 359055KI
RUSH TRUCK CENTRES Tank Rad EGR Valve Kit Tank Rad Gear ASM
PS040671505
TOROMONT INDUSTRIES LTD. Radio
6083-585445 6083-585446 6083-584564 6083-584064 6083-585614 6083-586455 6083-586455 6083-586455 6083-586455 6083-586243 6083-584350 6083-584350 6083-584350 6083-584350 6083-584350
TOWN AND COUNTRY AUTO SUPPLY Bulb 6X Beam Blades Brake Pad Set + 2X Rotors Rad Tester+ Torque Wrench Plow Oil Filter Filters Oil Oil Hub Assembly Filter Filter Oil Oil Oil
101484
TROUSDALE’S HOME HARDWARE Cleaning Supplies+ Screws
511-324297 173-263003 173-263002 173-262802 173-262685 173-263134 173-262410 173-260939 173-261485 173-262036 173-262034 173-261995 173-261995
UNIVERSAL SUPPLY GROUP Starter + Core Deposit 4X Mud Flaps Air Spring 2X DEF Drums Silicone Elbow Silicone Elbow Alcohol Evaporator Aluminum Elbow Strobe Heated LED Light Strobe 2X Performed ALZ SEA 7X Performed ALZ SEA
Total EFT000000013070 EFT000000013071 2020-03-17
Total EFT000000013071 EFT000000013074 2020-03-17
Total EFT000000013074 EFT000000013075 2020-03-17 Total EFT000000013075 EFT000000013080 2020-03-17
Total EFT000000013080 EFT000000013081 2020-03-17
Total EFT000000013081 EFT000000013082 2020-03-17 Total EFT000000013082 EFT000000013083 2020-03-17
Total EFT000000013083 EFT000000013086 2020-03-17 Total EFT000000013086 EFT000000013089 2020-03-17
Total EFT000000013089
Total
$126.25 $126.25 $109.90 $128.22 $32.65 $32.65 $303.42 $84.13 $84.13 $168.26 $88.53 $88.53 $2,113.86 $1,080.54 $406.21 $13.80 $3,614.41 $694.57 $2,476.27 $694.57 $2,965.02 $6,830.43 $320.44 $320.44 $10.51 $113.92 $254.97 $806.89 $63.50 $6.17 $18.47 $51.60 $103.23 $335.38 $6.17 $6.17 $49.91 $37.43 $178.50 $2,042.82 $139.43 $139.43 $358.77 $70.74 $159.95 $384.65 $122.08 $98.68 $62.04 $97.67 $195.37 $496.57 $157.67 $30.60 $105.27 $2,340.06
$57,069.77
3210 Brushing Cheque EFT000000013037
Date
Inv #
2020-03-17
Vendor
Description
Amount
ECO TREE CARE 3350
5X Tree Removal
$1,780.80
System:
2020-03-12
User ID:
mfoster
11:38:22 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
Total EFT000000013037
Page:
6
Page 118 of 124 $1,780.80
Total Brushing
$1,780.80
3310 Hardtop Patching Cheque 070835
Date
Inv #
2020-03-17
Vendor
Amount
SNIDER, PERCY 20/01/31-21
Total 070835 EFT000000013066
Description
2020-03-17
Patching
$525.47 $525.47
Cold Patch Cold Patch
$1,753.94 $2,957.41 $4,711.35
O. BETTSCHEN 44351 44263
Total EFT000000013066
Total Hardtop Patching
$5,236.82
3320 should maint Cheque EFT000000013093
Date
Inv #
2020-03-17
Vendor
Description
WHITE’S WEARPARTS LTD 7X Grader Blades
Amount
Total EFT000000013093
$997.02 $997.02
Total should maint
$997.02
131402
3325 Pavmnt Preserv Cheque EFT000000013070
Date
Inv #
2020-03-17
Vendor
Description
Amount
PUROLATOR INC.
Total EFT000000013070
$32.50 $32.50
Total Pavmnt Preserv
$32.50
444050572
Shipping to Road Last Asphalt
3405 Washout Cheque EFT000000013066
Date
Inv #
2020-03-17
Vendor
Description
Amount
O. BETTSCHEN 44352
Washed Tile Bed Stone
Total EFT000000013066
Total Washout
$324.43 $324.43
$324.43
3505 Snw Plwng Cheque 070835
Date
Inv #
2020-03-17
Description
Amount
SNIDER, PERCY 20/02/13-27 20/02/07-26-2 20/02/06-25 20/02/02-23 20/02/13-14 20/02/13-13 20/02/13-12 20/02/13-11 20/02/10-10 20/02/10-09 20/02/10-07 20/02/08-06 20/02/08-05 20/02/08-04 20/02/07-03 20/02/07-02 20/02/07-01 20/02/06-47 20/02/06-46 20/02/06-45 20/02/02-44 20/02/02-43 20/02/02-42 20/02/18-38 20/02/18-39 20/02/19-50 20/02/19-49 20/02/19-48 20/02/18-47 20/02/18-46 20/02/16-44 20/02/16-43 20/02/16-42 20/02/08-10
Total 070835 EFT000000013009
Vendor
2020-03-17
Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing
31709 31708 31707 31711
BOULTON SEPTIC/LARMON’S Snow Plowing Snow Plowing Snow Plowing Snow Plowing
2019-27416 2019-27418 2019-27419 2019-27433 2019-27436 2019-27420
K MULROONEY TRUCKING LIMITED Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing
Total EFT000000013009 EFT000000013056 2020-03-17
$184.19 $184.19 $184.19 $184.19 $244.22 $195.38 $146.53 $318.51 $195.38 $146.53 $318.51 $195.38 $146.53 $318.51 $390.76 $293.07 $637.02 $195.38 $146.53 $318.51 $195.38 $146.53 $318.51 $184.19 $488.45 $195.38 $146.53 $318.51 $390.76 $293.07 $195.38 $146.53 $318.51 $184.19 $8,465.43 $3,358.08 $3,358.08 $3,561.60 $1,668.86 $11,946.62 $9,077.91 $3,196.69 $6,314.67 $3,117.37 $2,461.78 $3,800.43
System:
2020-03-12
User ID:
mfoster
11:38:22 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT 2019-27434 2019-27417
Total EFT000000013056 EFT000000013063 2020-03-17
Snow Plowing Snow Plowing
MCNICHOLS CONSTRUCTION LTD 20/02/29-ROUTE 11 Snow Plowing 20/02/29-ROUTE 12 Snow Plowing
Total EFT000000013063
Total Snw Plwng
Page:
7
Page 119 of 124 $1,980.66 $6,865.37 $36,814.88 $6,309.12 $2,849.28 $9,158.40
$66,385.33
3506 Snow Clearing Sidewalks Cheque 070835
Date
Inv #
2020-03-17
Vendor
Amount
SNIDER, PERCY 20/02/18-09 20/02/18-09 20/02/18-08 20/02/18-08 20/02/18-07 20/02/18-07 20/02/16-06 20/02/16-06 20/02/16-05 20/02/16-05 20/02/16-04 20/02/16-04 20/02/13-36 20/02/13-36
Total 070835 EFT000000013009
Description
2020-03-17 31710 31710
Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing BOULTON SEPTIC/LARMON’S Snow Plowing Snow Plowing
Total EFT000000013009
Total Snow Clearing Sidewalks
$203.52 $69.20 $101.76 $93.62 $193.34 $101.76 $193.34 $101.76 $203.52 $69.20 $101.76 $93.62 $203.52 $69.20 $1,799.12 $1,780.80 $1,780.80 $3,561.60
$5,360.72
3515 Stock Snd&Slt Cheque EFT000000013045
Date
Inv #
2020-03-17
Vendor
Description
INV-1730
HARTINGTON EQUIPMENT LIMITED 20/03 Loader Rental
5300488081
K+S WINDSOR SALT LTD Winter Salt
Total EFT000000013045 EFT000000013052 2020-03-17
Amount $4,579.20 $4,579.20
Total EFT000000013052
$3,453.17 $3,453.17
Total Stock Snd&Slt
$8,032.37
3525 Snw Remvl Cheque 070835
Date
Inv #
2020-03-17
Vendor
Description
Amount
SNIDER, PERCY 20/02/11-22
Flagging
Total 070835
Total Snw Remvl
$151.11 $151.11
$151.11
3535 Surface Fldng Cheque EFT000000013026
Date
Inv #
2020-03-17
Vendor
Description
COMPTON PROPANE SOLUTIONS 100lb Cylinder
Amount
Total EFT000000013026
$264.77 $264.77
Total Surface Fldng
$264.77
6453
3601 Barricds & Sfty Matls Cheque EFT000000013086
Date
Inv #
2020-03-17 101493
Vendor
Description
TROUSDALE’S HOME HARDWARE Lumber for Sign Stands
Total EFT000000013086
Total Barricds & Sfty Matls
Amount $89.34 $89.34
$89.34
3615 Street signs Cheque EFT000000013039
Date
Inv #
2020-03-17
Vendor
Description
Amount
ESKEROD SIGNS 28780
Total EFT000000013039 EFT000000013078 2020-03-17
12X Hamlet Signs
$7,769.38 $7,769.38
6X Street Signs
$215.43 $215.43
SIGNS PLUS 3182
Total EFT000000013078
Total Street signs
$7,984.81
3650 Street Lights Cheque EFT000000013076
Date
Inv #
2020-03-17
Vendor
Description
Amount
R.W. ELECTRIC
Total EFT000000013076
$4,670.78 $4,670.78
Total Street Lights
$4,670.78
37875
Supply + Install Light Fixture
System:
2020-03-12
User ID:
mfoster
11:38:22 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
Page:
8
Page 120 of 124
3800 Crssng Guards Cheque EFT000000013025
Date
Inv #
2020-03-17 91571
Vendor
Description
COMMISSIONAIRES SECURITY SOLUTIONS Crossing Guards
Amount
Total EFT000000013025
$944.60 $944.60
Total Crssng Guards
$944.60
Total Trans
$160,657.58
40 Env 4110 Water Treat Cheque EFT000000013016
Date 2020-03-17
Inv #
Vendor
Description
BELL CANADA-WATER TOWER PHONE LINE N6027631-20/02 20/02-Telephone
Amount
Total EFT000000013016
$89.61 $89.61
Total Water Treat
$89.61
5005 SW & Fac OH Cheque EFT000000013060
Date
Inv #
2020-03-17
Vendor
Description
LIGHTING…FX INC. 8X Sensors Lighting Parts
Amount
Total EFT000000013060
$626.03 $3,362.35 $3,988.38
Total SW & Fac OH
$3,988.38
61205 61207
5105 Garb coll Cheque 070835
Date
Inv #
2020-03-17
Vendor
Description
Amount
SNIDER, PERCY 20/02/04-28
Garbage Clean Up
Total 070835
Total Garb coll
$101.76 $101.76
$101.76
5110 Gab disp Cheque 070835
Date
Inv #
2020-03-17
Vendor
Total 070838 EFT000000013010
Amount
SNIDER, PERCY 20/02/12-31 20/02/14-33 20/02/13-20 20/02/20-41 20/02/18-37
Total 070835 070838
Description
2020-03-17
Portland Dump/Dozer Portland Dump/Excavator Portland Dump/Waste Truck Rental Portland Dump/Waste
30005-0639-8 30005-0639-8
WASTE MANAGEMENT OF CANADA CORP ICI Waste ICI Waste
A2700963 1061155 1061155 1061155
ABELL PEST CONTROL INC. 20/03 Pest Control 20/01 Pest Control 20/01 Pest Control 20/01 Pest Control
16477 16477
JODY CAMPBELL’S SEPTIC SERVICE 20/03 Portable Toilet Rental 20/03 Portable Toilet Rental
812374
WHALEY, GEORGE 20/02 Landfill Maintenance
2020-03-17
Total EFT000000013010 EFT000000013051 2020-03-17
Total EFT000000013051 EFT000000013092 2020-03-17 Total EFT000000013092
Total Gab disp
$447.74 $244.22 $890.40 $152.64 $356.16 $2,091.16 $3,251.54 $2,313.83 $5,565.37 $111.21 $58.81 $58.81 $58.81 $287.64 $117.02 $117.02 $234.04 $3,917.76 $3,917.76
$12,095.97
5305 HHW Cheque EFT000000013019
Date
Inv #
2020-03-17 2020040
Vendor
Description
BRENDAR ENVIRONMENTAL INC. 20/02 HHW Services
Total EFT000000013019
Amount $987.07 $987.07
Total HHW
$987.07
Total Env
$17,262.79
70 Cem 7000 Health Cheque 070828
Date
Inv #
2020-03-04 191231BAO 191231BAO 191231BAO
Vendor
Description
BEREAVEMENT AUTHORITY OF ONTARIO 2019 Annual Fee 2019 Annual Fee 2019 Annual Fee
Amount
Total 070828
$233.00 $305.00 $245.00 $783.00
Total Health
$783.00
Total Cem
$783.00
System:
2020-03-12
User ID:
mfoster
11:38:22 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
Page:
9
Page 121 of 124
80 Rec 8000 Rec Cheque 070839 Total 070839 EFT000000013009
Date
Inv #
2020-03-17
Total EFT000000013014 EFT000000013020 2020-03-17
Total EFT000000013020 EFT000000013021 2020-03-17
WESTENDORP DEMOLITION Demo- Storage Shed
31715
BOULTON SEPTIC/LARMON’S Snow Plowing
BRYSON, ANDY 20/03/02-SF REC 20/03/02-SF REC
20/03/02-SF REC 20/03/02-SF REC
$33.12 $18.33 $51.45
CAMPBELL, ANNIE 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC DAHM PAINTING & DECORATING LTD Painting
DILLABOUGH, LEE 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC
0838-104176 0838-101669 1361-104983 1361-101718 1361-110609 1361-98496 0838-99588
EARL ROSEBUSH FUELS 424.10L @.352.86 379.90L @.888 387.60l @.792 396.10L @.900 411.10L @.7515 456.00L @.886 379.10L @.897
HAMMER, KARL G. 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC HOLLAND, TRACY 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC
Total EFT000000013046 EFT000000013048 2020-03-17 20067 Total EFT000000013048 EFT000000013057 2020-03-17
IMPACT PROPERTY SOLUTIONS Install Vanity Lights
KOT, JOHN 20/03/02-SF REC 20/03/02-SF REC
Total EFT000000013057 EFT000000013060 2020-03-17 61201 Total EFT000000013060 EFT000000013062 2020-03-17
R&D NELSON GENERAL MAINTENANCE 20/01+20/02 General Maint. 20/01+20/02 General Maint. 20/01+20/02 General Maint. 20/01+20/02 General Maint.
SI000557
SELECT DOOR AND FRAME Service Call+ Door Parts
SMITH, ROBERTA 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC TRAULSEN, HEIDI 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC 20/03/02-SF REC
Total EFT000000013084 EFT000000013086 2020-03-17 101516 101516 101516
TROUSDALE’S HOME HARDWARE Salt Salt Salt
18867
UNITY SOD FARM LTD. Snow Plowing
Total EFT000000013086 EFT000000013088 2020-03-17
Total EFT000000013090
20/03 Monitoring & Rental 20/03 Monitoring & Rental
20/02-LIB 20/02-LIB 20/02-G,B,P 20/02-G,B,P Total EFT000000013071 EFT000000013077 2020-03-17
Total EFT000000013088 EFT000000013090 2020-03-17
$33.12 $19.81 $52.93 $12,775.97 $12,775.97 $33.12 $36.65 $69.77 $382.24 $364.05 $333.56 $384.41 $336.85 $436.04 $366.75 $2,603.90 $33.12 $14.36 $47.48 $33.12 $4.46 $37.58 $142.46 $142.46 $33.12 $15.84 $48.96 $197.08 $197.08
LONDRY ALARMS
Total EFT000000013062 EFT000000013071 2020-03-17
Total EFT000000013079 EFT000000013084 2020-03-17
20/03/02-SF REC 20/03/02-SF REC
LIGHTING…FX INC. LED Fixture
201943 201943
Total EFT000000013077 EFT000000013079 2020-03-17
$279.84 $279.84 $33.12 $15.36 $48.48
Total EFT000000013034 EFT000000013036 2020-03-17
Total EFT000000013044 EFT000000013046 2020-03-17
$1,221.12 $1,221.12
20/03/02-SF REC 20/03/02-SF REC
1090
Total EFT000000013036 EFT000000013044 2020-03-17
Amount
BATES, LINDA 20/03/02-SF REC 20/03/02-SF REC
Total EFT000000013021 EFT000000013032 2020-03-17 Total EFT000000013032 EFT000000013034 2020-03-17
Description
2020-1804 2020-03-17
Total EFT000000013009 EFT000000013014 2020-03-17
Vendor
WASH, PAUL 20/03/02-SF REC 20/03/02-SF REC
20/03/02-SF REC 20/03/02-SF REC
$28.49 $28.49 $56.98 $1,490.18 $217.80 $311.39 $32.66 $2,052.03 $1,008.79 $1,008.79 $33.12 $20.80 $53.92 $33.12 $1.10 $34.22 $8.64 $8.64 $17.28 $34.56 $819.17 $819.17 $33.12 $8.42 $41.54
System:
2020-03-12
User ID:
mfoster
11:38:22 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
Total Rec
Page:
10
Page 122 of 124 $21,678.23
8036 Family Day Cheque EFT000000013054
Date 2020-03-17
Inv #
Vendor
KILGOUR, JILL 2020-FAMILY DAY
Total EFT000000013054 EFT000000013064 2020-03-17 1555 Total EFT000000013064 EFT000000013090 2020-03-17
Description Family Day Supplies
FRONTENAC COMMUNITY ARENA 2020 Family Day
Amount $125.01 $125.01 $3,951.62 $3,951.62
WASH, PAUL 291
Family Day Photography
Total EFT000000013090
Total Family Day
$300.00 $300.00
$4,376.63
8405 Ver&Dis Hist Cheque EFT000000013041
Date
Inv #
2020-03-17
Vendor
Description
THE FRONTENAC NEWS Ad- Visitor Guide
Amount
Total EFT000000013041
$203.52 $203.52
Total Ver&Dis Hist
$203.52
72016
Total Rec
$26,258.38
90 Plan 9000 Plan Cheque 070832
Date
Inv #
2020-03-17
Vendor
Total 070833 EFT000000013091
Amount
IBI GROUP 10055402
Total 070832 070833
Description
2020-03-17
20/01 Planning Services
56144-3009
ONTARIO PROFESSIONAL PLANNERS INSTITUTE Multiple Job Postings
26081
WATSON & ASSOCIATES ECONOMISTS LTD Growth Analysis
2020-03-17
Total EFT000000013091
$5,009.03 $5,009.03 $966.72 $966.72 $2,590.30 $2,590.30
Total Plan
$8,566.05
Total Plan
$8,566.05
99 9999 Cheque EFT000000013073
Date
Inv #
2020-03-17 642154 642153 642152
Total EFT000000013073
Vendor
Description
ROSEN ENERGY GROUP F351.1L MKD @.7617 F 855.8L CLR @.8947 F 2087.7L GAS @.8912
Amount $272.15 $779.16 $1,893.30 $2,944.61
Total
$2,944.61
Total
$2,944.61
Total
$1,798,352.74
Page 123 of 124
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-16 BEING A BY-LAW TO TEMPORARILY DELEGATE AUTHORITY TO THE CHIEF ADMINISTRATIVE OFFICER, DIRECTOR OF CORPORATE SERVICES AND TREASURER, THE MAYOR AND THE CLERK WHEREAS Section 23.1 of the Municipal Act, 2001, S.O. 2001, c.25 as amended (the Act) provides that without l i m i t i n g sections 9, 10 and 11 of the Act, those sections authorize a municipality to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part; AND WHEREAS The Council of the Township of South Frontenac adopted By-law 2007-81 on the 20th day of November 2007, being a by-law to adopt a delegation of authority policy as per Section 270(1) of the Act; AND WHEREAS Section 5(i) of By-law 2007-81 states that all delegations of Council powers, duties or functions shall be by by-law; AND WHEREAS the global outbreak of the COVID-19 virus threat has impacted the ability to conduct regular Council and Committee of the Whole meetings due to self isolating and concern about the spread of the virus; AND WHEREAS the Council of the Township of South Frontenac may be restricted from meeting regularly as provided for in the Procedural By-law 2017-76 due to regulations put in place by the provincial government with respect to the gathering of people in public places;
AND WHEREAS South Frontenac Council does not wish the operations of the municipality to be limited by these restrictions; NOW THEREFORE the Council of the Corporation of the Township of South Frontenac deems it expedient to enact as follows: 1.
That the Chief Administrative Officer, Director of Corporate Services and Treasurer be delegated the following authority from Council: • To expend or incur liability, in the best interests of the Municipality, which may exceed the threshold of $50,000 for budgeted items to a maximum of 20% and to notify the Mayor and Council prior to these decisions being jointly approved by the CAO and Director • The Chief Administrative Officer and the Clerk to execute contracts in the best interests of the municipality • The Mayor and the Clerk with respect to the cancelling and calling to order of Council meetings and Committee of the Whole as they deem necessary.
That this by-law shall come into force on March 18, 2020 and remain in effect until such time as Council is reconvened.
Read a first and second time this 17 day of March 2020. Read a third time, signed and sealed this 17 day of March 2020.
CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 124 of 124
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-17 A BY-LAW TO CONFIRM GENERALLY PREVIOUS ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC. THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
The actions of the Council of the Corporation of the Township of South Frontenac at its Council Meeting of March 17, 2020 be confirmed.
Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.
This By-law shall come into force and take effect on the date of its passage.
Dated at the Township of South Frontenac this 17 day of March, 2020. Read a first and second time this 17 day of March, 2020. Read a third time and finally passed this 17 day of March, 2020.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
