Council - 18 Apr 2023 - Agenda — North Frontenac News Media

Published April 18, 2023

Word Count 23856 words

Reading Time 112 min read

Body: Council Type: Agenda Meeting: Regular Date: April 18, 2023 Collection: Council Agendas Municipality: South Frontenac

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Document Text

Page 1 of 102

Township of South Frontenac Council Meeting Agenda

TIME: DATE: PLACE:

7:00 PM, Tuesday, April 18, 2023 Council Chambers/Virtual Via Zoom .

Call to Order and Roll Call

Resolution

Declaration of pecuniary interest and the general nature thereof

Approval of Agenda

Resolution

Scheduled Closed Session

Recess

Public Meeting

Resolution - Public Meeting to Order

Notice of Collection

4-5

Zoning By-law Amendment Application - PL-ZBA-2023-0035, Lee Dillabough, 1793 Green Bay Road (151 Barr Lane)

6 - 25

Resolution - Close Public Meeting

Delegations

Approval of Minutes

Resolution

Business Arising

Reports Requiring Action

Strategic Plan RFP

26 - 37

38 - 39

Recommendation: That Council support awarding the Strategic Plan consulting services contract in the amount of $25,438.98 including non-rebatable HST to Strategy Corp, and That the required additional funding for the project be funded from the Working Funds Reserve. 11.

Advisory Committee Reports or Minutes

By-laws

2023 Final Tax Rate By-law

40 - 48

Page 2 of 102

Recommendation: That By-law 2023-31, being the 2023 Final Tax Rate By-law be given first and second reading; and That By-law 2023-31 be given third reading signed and sealed. b)

Zoning By-law Amendment Application PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road

49 - 67

Recommendation: That By-law 2023-32 being a By-law to amend By-law 2003-075, as amended, to rezone land from Rural (RU) to Rural – Special Provision (RU-70 and RU-71) on lands described as Part Lots 36 and 37, Concession 7, District of Storrington be given first and second reading; and That By-law 2023-32 be given third reading, signed and sealed. c)

Proposed Planning Fee Structure

68 - 87

Recommendation: That By-law 2023-33 Being A By-Law to Prescribe a Tariff of Fees for the Processing of Applications Made in Respect of Planning Matters be given first and second reading; and That By-law 2023-33 be given third reading signed and sealed. 13.

Reports for Information

2022 Development Charges Reporting • The report provides a summary of the 2022 Development Charges Reserve including the allocation of funds collected and spent.

Information Items

Support for Bill 5

Notice of Motions

Notice of Motion – Proposed Reconsideration of Award of Tender # PS-2023-11 – Pavement Marking Program

Announcements/Statements by Councillors

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

Closed Session (if requested)

Resolution - That Council resolve itself into the Committee of the Whole “Closed Meeting” to consider the following item:

Personal matters about an identifiable individual, including municipal or local board employees.

Resolution - That Council rise from the Committee of the Whole “Closed Meeting” without reporting.

88 - 90

91 - 93

94 101

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Confirmatory By-law

Resolution

Adjournment

Resolution Natural, Vibrant and Growing - A Progressive Rural Leader

102

Notice of Collection • Personal information, as defined by the Municipal Freedom of Information and protection of Privacy Act (MFIPPA), including (but not limited to names, addresses, opinions and comments, is collected under the authority of the Municipal Act, 2001, Planning Act and in accordance with MFIPPA. • All personal information may form part of the meeting agendas and minutes, and therefore will be made available to members of the public at the meetings, through requests, and through the website of the Corporation of the Township of South Frontenac. • Questions regarding the collection, use and disclosure of this personal information may be directed to the Township Clerk. Page 4 of 102

Public Meeting Statement • If a person or public body would otherwise have an ability to appeal the decision of Council of the Township of South Frontenac to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Township before the by-law is passed, the person or public body is not entitled to appeal the decision. • If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Township before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal. • If you wish to be notified of the Township’s decision on the Zoning By-law Amendment submit a request to the Township Clerk by email care of planning@southfrontenac.net. Page 5 of 102

• Appeals must be filed with the Clerk within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal.

Public Meeting under the Planning Act Tuesday, April 18, 2023 7:00 p.m. Council Meeting

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Meeting Format • Planner reviews proposal and delivers report • Public questions and comments • Council questions and comments • Close public meeting

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PL-ZBA-2023-0035

Applicant: Lee Dillabough Property: 151 Barr Lane (1793 Green Bay Road)

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Location

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Proposal

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• PL-BDJ-2022-0152 approved by Committee of Adjustment in February 2023 • Sever existing pit • Align pit zone and zone area with pit license • Rezone proposed lot to prevent a septic system within 300 m of Green Bay Wetland • Existing Zones – PA and RU • Proposed Zones – PB-1 and RU-XX

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Clockwise from bottom left: entrance to pit off Barr Lane, east end of active pit, west end of active pit

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Pit viewed from Passchendaele Lane Page 13 of 102

Agency and Public Comments • MECP had no objection to the severance provided sewage systems prohibited within 300 m of Green Bay Wetland Complex • Rideau Valley Conservation had no objection to the severance • Public comments – none received to date

Page 14 of 102

Policy Framework Provincial Policy Statement Frontenac County Official Plan Township of South Frontenac Official Plan

Mineral Aggregate Resources At Capacity Lake Trout Lakes

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

Page 16 of 102

Public Questions and Comments If you are joining virtually and would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Council Questions and Comments Page 17 of 102

Adjourn Public Meeting

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To: Council Prepared by: Development Services Department Date of Meeting: April 18, 2023 Public Meeting for Zoning By-law Amendment Application Subject: PL-ZBA-2023-0035, Lee Dillabough, 1793 Green Bay Road (151 Barr Lane)

Summary This report provides Council with information about Zoning By-law Amendment Application PL-ZBA-2023-0035 for a property municipally known as 1793 Green Bay Road. If approved, the zone on a portion of the subject lands would be changed from Rural (RU) and Pit A (PA) to Rural Special Exception (RU-XX) and Pit ‘B’ Special Exception 1 (PB-1). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application through the public meeting. Staff will bring a more detailed report considering applicable policy and public comments, as well as providing a recommendation to Council on this application at a future meeting.

Recommendation This report is for information only.

Background The application is related to consent application PL-BDJ-2022-0152 which was approved by the Committee of Adjustment on February 9, 2023. The consent application severed a 12.2 hectare parcel containing an existing licensed mineral resource pit. The purpose of the application is to implement condition 7 of the decision on that application. The subject application will rezone the severed parcel from Rural (RU) and Pit ‘A’ (PA) to a Rural Special Provision (RU-XX) zone and a Pit ‘B’ Special Provision (PB-1) zone. The severed parcel is within 300 metres of the Green Bay Wetland Complex. The wetland is hydrologically connected to Green Bay, which is an at-capacity lake trout lake. New lot creation is generally prohibited within 300 metres of an at-capacity lake trout lake. The Committee of Adjustment granted the consent because the lands are and will continue to be used as a licensed pit.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 20 of 102 Township of South Frontenac Staff Report - PL-ZBA-2023-0035, Lee Dillabough, 1793 Green Bay Road (151 Barr Lane)

The special provision of the RU-XX and PB-1 zones will prohibit any future sewage system from being located within 300 metres of the Green Bay Wetland Complex. This prohibition is required because the RU and PB zones permit uses that require a sewage system such as a single detached dwelling that is accessory to an agricultural use. The proposed by-law would also amend the zoning of the pit lands from a Pit ‘A’ (PA) zone to a Pit ‘B’ (PB) zone to reflect the annual extraction limit of the pit license being greater than 20,000 tonnes. The current PA zone is for pits that have an annual extraction limit of less than 20,000 tonnes. Finally, the proposed by-law would also adjust the zone boundaries to accurately correspond to the licensed area of the pit. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. Property Description The subject property is a large rural property located between Buck Bay and Green Bay. To the east of the property is Green Bay Road, Green Bay, and some residential properties. Predominantly vacant land borders the property to the south. Barr Lane extends across the southern portion of the property from Green Bay Road to the west side of the property on Buck Bay. Waterfront residential properties border the property on the west, and are accessed over Barr Lane and also over Passchendaele Lane. The property is bordered on the north by predominantly vacant land. The subject property is primarily forested with some old farm fields. A wetland connected to Green Bay is located in the southeast corner of the property. The existing dwelling and accessory buildings are located in the northeast area of the property near Green Bay Road. An existing sand and gravel pit is located south of Barr Lane, at the south end of the property. The pit is licensed by the Ministry of Natural Resources and Forestry (MNRF) under the Aggregate Resources Act. Related Applications The property is subject to consent application PL-BDJ-2022-0152 to sever the existing sand and gravel pit, and to establish a right-of-way over Barr Lane to the pit. Agency Comments Rideau Valley Conservation Authority had no objection to the consent application. The Ministry of Environment, Conservation, and Parks (MECP) had no objection to the consent application provided that the zone on the severed parcel was amended to prevent a sewage system from being located within 300 metres of Green Bay and the Green Bay Wetland Complex. This prohibition would maintain the intent of the lot creation policies for lands within 300 metres of an at-capacity lake trout lake. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 21 of 102 Township of South Frontenac Staff Report - PL-ZBA-2023-0035, Lee Dillabough, 1793 Green Bay Road (151 Barr Lane)

Public Comments No comments were received from the public at the time of writing this report.

Financial Implications Not applicable.

Relationship to Strategic Plans ☒ Not applicable to this report.

☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •

Priority: Choose an item. Action Item (if applicable): N/A

Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.

Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • • •

by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Attachments

Draft By-law

Approvals Report Prepared By: Tom Fehr, Planner and Christine Woods, MCIP, RPP, Senior Planner

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 22 of 102 Township of South Frontenac Staff Report - PL-ZBA-2023-0035, Lee Dillabough, 1793 Green Bay Road (151 Barr Lane)

Submitted By:

Brad Wright Director of Development Services

Approved By:

Louise Fragnito, CPA, CGA Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 23 of 102

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-XX BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LANDS FROM RURAL (RU) AND PIT ‘A’ (PA) TO RURAL SPECIAL EXCEPTION (RU-XX) AND PIT ‘B’ SPECIAL EXCEPTION (PB-1) ON LANDS DESCRIBED AS 1793 GREEN BAY ROAD, PART LOT 16 AND 17 CONCESSION 3 AND 4, DISTRICT OF BEDFORD: DILLABOUGH WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.

THAT Schedule “D” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) and Pit ‘A’ (PA) to Rural Special Exception (RU-XX) and Pit ‘B’ Special Exception (PB-1) for the lands shown on Schedule “1”.

THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new sections RU-XX (Part Lot 16 and 17 Concession 3 and 4, District of Bedford: Dillabough) immediately after the last Rural Special Exception section to read as follows: RU-XX (Part Lots 16 and 7, Concession 3 and 4, District of Bedford – Dillabough) Notwithstanding the provisions of Section 7 or any other position of this By-law to the contrary, on lands zoned Rural Special Exception (RU-XX), the following provisions apply:

No sewage system shall be located within 300 metres of the Green Bay Wetland Complex.

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

THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section PB-1 (Part Lot 16 and 17 Concession 3 and 4, District of Bedford: Dillabough) at the beginning of Section 23.5 to read as follows: PB-1 (Part Lots 16 and 7, Concession 3 and 4, District of Bedford – Dillabough) Notwithstanding the provisions of Section 23 or any other position of this By-law to the contrary, on lands zoned Pit ‘B’ Special Exception (PB-1), the following provisions apply:

No sewage system shall be located within 300 metres of the Green Bay Wetland Complex.

All other provisions of this By-law shall apply.

Page 24 of 102 4.

THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this ___ day of May, 2023. Read a first and second time this ___ day of May, 2023. Read a third time and finally passed this ___ day of May, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

James Thompson, Clerk

Page 25 of 102 Schedule 1 This is Schedule “1” to By-law No. 2023-XX.

Passed this ___ day of May, 2023

Ron Vandewal, Mayor

James Thompson, Clerk

Page 26 of 102 Minutes of Council April, 4, 2023

Township of South Frontenac Council Meeting Minutes

Meeting # 17 Time: 7:00pm Location: Council Chambers / Virtual Via Zoom Present: Mayor Ron Vandewal, Ray Leonard, Steve Pegrum, Doug Morey, Charlene Godfrey, Norm Roberts, Randy Ruttan, Ron Sleeth, Scott Trueman Staff: Louise Fragnito - Chief Administrative Officer, James Thompson - Clerk, Michelle Hannah - Deputy Clerk, Brad Wright - Director of Development Services, Kyle Bolton Director of Public Services, Shelley Stedall - Director of Corporate Services and Treasurer (virtual), Troy Dunlop - Manager of Technical Services and Infrastructure, Christine Woods - Senior Planner

Call to Order and Roll Call

Resolution Resolution No. 2023-17-01 Moved by Councillor Pegrum Seconded by Councillor Roberts That the Council meeting of April 4, 2023 be called to order at 7:00 p.m. Carried

b) The Deputy-Clerk conducted Roll Call. 2

Declaration of pecuniary interest and the general nature thereof

There were none.

Approval of Agenda

Resolution Resolution No. 2023-17-02 Moved by Councillor Godfrey Seconded by Councillor Leonard That the agenda be approved, as presented. Carried

Scheduled Closed Session

There was none.

Recess

Not applicable

Public Meeting

Page 27 of 102 Minutes of Council April, 4, 2023 a)

Notice of Collection

The Deputy Clerk spoke to the Notice of Collection. b)

Resolution - Public Meeting to Order Resolution No. 2023-17-03 Moved by Councillor Trueman Seconded by Councillor Godfrey That the public meeting regarding the Planning Fees By-law be called to order. Carried

Public Meeting - Planning Fees By-law (By-law 2019-74) Mr. Wright provided an introduction of the Report. In response to questions from Deputy Mayor Sleeth, Mr. Wright provided clarification regarding the proposed fee increases. Mayor Vandewal requested that staff provide further explanation regarding Table 4. Mr. Wright spoke further to Table 4. Mayor Vandewal inquired about the sign posting fee. Mr. Wright responded that on occasion planning staff are required to post public notice signage for applicants and indicated that a fee has been proposed associated with this service. Mayor Vandewal provided members of the public with an opportunity to provide comment. Members of the public did not provide comment.

Resolution - Close Public Meeting Resolution No. 2023-17-04 Moved by Councillor Morey Seconded by Councillor Roberts That the public meeting regarding Planning Fees By-law be closed. Carried

Resolution - Public Meeting to Order Resolution No. 2023-17-05 Moved by Councillor Pegrum Seconded by Councillor Morey That the public meeting regarding Township-Initiated Official Plan and Zoning Bylaw Amendments on Additional Dwelling Units and PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road be called to order. Carried

Public Meeting Introduction The Deputy Clerk provided an overview of the pubic meeting information as per the Planning Act.

Page 2 of 8

Page 28 of 102 Minutes of Council April, 4, 2023 g)

Public Meeting - Township-Initiated Official Plan and Zoning By-law Amendments on Additional Dwelling Units Ms. Woods, Senior Planner provided an overview of the report for Township initiated Zoning By-Law amendment and Official Plan amendment. Councillor Morey sought clarification regarding whether the proposed maximum height provisions applied to the accessory buildings and additional dwelling units. Ms. Woods advised that the proposed maximum height provisions apply to all accessory buildings. Councillor Pegrum sought further explanation regarding the impact of reassigning the role of Zoning By-law Administrator to the Planning Department rather than the Chief Building Official. Ms. Woods responded that staff are recommending this change as the Planning Department specializes in land use planning. Councillor Ruttan questioned whether the majority of the proposed amendments are mandated by the provincial government. Ms. Woods responded that none of the proposed changes are mandated by the Provincial Government at this time. She commented that it is important to consider our community and the need for housing options. She advised that the County of Frontenac Official Plan speaks to additional dwelling units and stated that it is important for the Township of South Frontenac Official Plan and Zoning By-law to permit additional dwelling units. Councillor Ruttan sought further clarification regarding the permitted number of additional dwelling units. Ms. Woods replied that Council has the ability to determine the number of dwelling units permitted per property. She elaborated that the number of permitted units could be dependent on the size of the property. Deputy Mayor Sleeth questioned whether additional dwelling units impact severance applications. Ms. Woods advised that there are provisions built into the amendment to prohibit severing additional dwelling units. She noted that the amendment requires a shared driveway, servicing as well as a maximum distance of 40 metres between the dwelling and dwelling units to ensure that the dwelling and associated dwelling units remain tied together. Mayor Vandewal inquired about additional dwelling unit setbacks from lakes. Ms. Woods noted that waterfront properties that are large in size with room outside the 90 metre setback could have an addition dwelling unit. She commented that the intention is to keep additional dwelling units and intensification away from the lakes. Mayor Vandewal inquired about whether a garage can now be located in the front yard and sought further information regarding the approval process. Ms. Woods advised that staff are proposing to the remove the requirement for the garage to be located behind the house. She indicated that staff have proposed to add a setback requirement specifically for accessory buildings. She explained that a property owner could apply for a building permit as long as all zoning by-law requirements are met. She noted that the look of a garage is not something that can be regulated through the Zoning By-law.

Page 3 of 8

Page 29 of 102 Minutes of Council April, 4, 2023 In response to a comment from Mayor Vandewal, Ms. Woods spoke to the proposed maximum height provision. The Mayor afforded members of the public with an opportunity to provide comment. Ms. Kapusta advised that she has several questions including the hydrogeological study requirements. She noted that if there is a 4-acre property and someone severs the property in half a drilled well and pump test of 3.5 gallons per minute over six hours is the only requirement other than sufficient area for sewage, what is the different between that and adding a dwelling unit on the same property. She stated she believes that the proposal makes sense in settlement areas but does not understand the requirement for the whole township. She acknowledged that the Terms of Reference is being worked on and noted that a hydrogeological study will cost approximately $4,500 with a peer review fee of $500, the costs are increased, and it seems more challenging than the current system that just requires a zoning by-law amendment and demonstration of water and sewage capacity. She stated that it seems more onerous with this change with the added studies and the -H symbol removal. Ms. Kapusta spoke to certain areas of the Township that are known areas of concern and suggested that the requirement for a full hydrogeological study is appropriate but to not for the whole Township, it maybe could be dependent on lot size or in specific areas. She advised she does not think that is makes sense for it to be a requirement for an additional dwelling unit when it is not a requirement to sever. She noted that the proposal especially does not make sense when there is a need for affordable housing and these additional costs may be more than the cost to create the second dwelling unit in the existing home. Ms. Kapusta stated that she would like to see more information with respect to the basis for requirements in all different scenarios and why that requirement is there. Ms. Kapusta asked why an ADU would not be allowed to be severed from a parcel of land that has not reached its maximum severances. Requiring the dwelling units to be in close proximity and questioned only having one driveway, why does the additional dwelling unit have to be so close to the main house, especially if it is a large property. Ms. Kapusta agreed that on undersized lots certain stipulations to ensure there would be no case for a severance should be implemented. She inquired about the requirement for the ADUs to be tied into the same sewage system when there is nothing that says you cannot have two sewage systems on one property. She added that she does not feel like this change is making anything better and it seems like the process more difficult compared to the current process. She inquired if the currently approved additional dwelling units met the requirements proposed or was there other requirements in place. In response to a comment from Mayor Vandewal, Ms. Woods provided further explanation regarding the proposed hydrogeological study requirements and the associated proposed use of a holding symbol. Ms. Kapusta advised that she is supportive of the setbacks for additional dwelling units located nearby lakes, and also for the accessory buildings in the front yard provision. Councillor Trueman advised that he is supportive the terms of reference and suggested that a checklist be utilized to determine whether a hydrogeological study is required. He inquired about the requirement for 90 metres setback from waterbodies and mentioned than an application that was approved recently was within that setback from a stream. He noted he believes there is still work to be done. Councillor Godfrey asked for an explanation regarding the difference between a multi-residential unit and additional dwelling units.

Page 4 of 8

Page 30 of 102 Minutes of Council April, 4, 2023 Ms. Woods advised that a multiple-residential unit is typically a building with more than three units, and it is purposely built as an apartment for example whereas additional dwelling units refer to a detached dwelling, semi-detached dwelling, townhouse and the associated additional dwelling units. h)

Public Meeting - PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road Ms. Woods, Senior Planner provided Council with a summary of the Application. Councillor Pegrum noted there is an existing residence on the east side of the road and inquired about the distance from the existing development compared to the proposed development. Ms. Woods advised that there are three or four existing residential developments that are located closer to the quarry than the proposed residential development. She indicated that this matter was considered as part of the study and explained that the other houses were established decades ago and because of those houses the quarry is restricted to ensure that there is no impact on the development. She stated that staff determined that adding two more houses in the area would have no impact on the quarry operations. Councillor Morey noted that it looks like everything has been done by the applicant to ensure they are as far away from the quarry as possible given all of the restrictions in the area. Mayor Vandewal inquired if future property owners would be advised of the agreement regarding the quarry. Ms. Woods advised that it would be up to the purchaser to do their due diligence. In response to a question from Mayor Vandewal, Ms. Woods provided clarification regarding the consent application process as well as the technical review of the zoning by-law application. Councillor Trueman sought further explanation regarding whether it is possible for the quarry to expand. Ms. Woods advised that because there are already houses in the area, the expansion of the quarry has already been restricted. She provided further information regarding the quarry license and operations.

Resolution - Close Public Meeting Resolution No. 2023-17-06 Moved by Councillor Ruttan Seconded by Councillor Deputy Mayor Sleeth That the public meeting regarding Township-Initiated Official Plan and Zoning Bylaw Amendments on Additional Dwelling Units and PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road be closed. Carried

Delegations

Representatives from Cambium Consulting & Engineering were present to speak to Council regarding Annual Update (2022) - Township of South Frontenac Waste Disposal Sites.

Page 5 of 8

Page 31 of 102 Minutes of Council April, 4, 2023 Stephanie Reeder from Cambium Consulting & Engineering provided an update on the annual monitoring reports with respect to the Township of South Frontenac Waste Disposal Sites. 8

Approval of Minutes

Resolution Resolution No. 2023-17-07 Moved by Councillor Roberts Seconded by Councillor Leonard That the minutes of the March 21, 2023 Council meeting be approved. Carried

Business Arising

a) There was none 10

Reports Requiring Action

Waste Disposal Sites 2022 Annual Update Resolution No. 2023-17-08 Moved by Councillor Leonard Seconded by Deputy Mayor Sleeth That Council receive the Waste Disposal Sites 2022 Annual Update presentation from Cambium Consulting & Engineering for information. Carried

Application for Draft Plan of Subdivision 10T-2020/001 (Sunbury Subdivision), 3863 Battersea Road Resolution No. 2023-17-09 Moved by Councillor Roberts Seconded by Councillor Morey That South Frontenac Council recommend the County of Frontenac approve plan of subdivision application 10T-2020/001 subject to the conditions outlined in the Planning Report prepared by the Senior Planner and dated April 4, 2023. Carried

Award of Tender # PS-2023-11 – Pavement Marking Program Resolution No. 2023-17-10 Moved by Councillor Roberts Seconded by Councillor Ruttan That Council accept the bid from Provincial Road Markings Inc. in the amount of $260,507.63 (net of HST credits) for the 2023 Pavement Marking Program; and That Council direct staff to harmonize service levels for centerline painting on low volume urban and low volume rural roads consistent with the provincial guideline. Carried

Municipally Significant Event Designation for the Frontenac Farmers Market Kickoff Event

Page 6 of 8

Page 32 of 102 Minutes of Council April, 4, 2023 Resolution No. 2023-17-11 Moved by Councillor Leonard Seconded by Councillor Godfrey That Council designate the Frontenac Farmers Market Kickoff Event as municipally significant in support of the Alcohol & Gaming Commission of Ontario Special Events Permit Application. Carried e)

Building Services Delivery Review Update Resolution No. 2023-17-12 Moved by Councillor Ruttan Seconded by Councillor Trueman That Council approves the release of one (1) Building Inspector position as identified within the 2023 Budget; and That Council support the proposed improvement ideas included in the Staff Report. Carried

Advisory Committee Reports or Minutes

a) There were none 12

By-laws

Cash-in-Lieu of Parkland, Subdivision Agreement for Willowbrook Estates Phase 2 Plan of Subdivision (10T-2020-002), 1059823 Ontario Limited Resolution No. 2023-17-13 Moved by Councillor Trueman Seconded by Councillor Leonard That Council accept the amount of $22,000 as the cash-in-lieu payment for the Willowbrook Phase 2 Plan of Subdivision 10T-2020-002; and That By-law 2023-26 authorizing the Mayor and Clerk to enter into a subdivision agreement with 1059823 Ontario Limited for the Willowbrook Estates Phase 2 Plan of Subdivision 10T-2020-002 be given first and second reading. Carried Resolution No. 2023-17-14 Moved by Councillor Godfrey Seconded by Councillor Pegrum That By-law 2023-26 be given third reading, signed and sealed. Carried

Reports for Information

Information Items

Letter to Heads of Council - Enbridge Gas, Mar 24 2023

South Frontenac Museum Newsletter - Spring 2023

Page 7 of 8

Page 33 of 102 Minutes of Council April, 4, 2023 15

Notice of Motions

a) There were none 16

Announcements/Statements by Councillors

Councillor Morey inquired with respect to the signage at the Quinte Conservation park site in Portland.

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

a) There were none 18

Closed Session (if requested)

a) There was none 19

Confirmatory By-law

Resolution Resolution No. 2023-17-15 Moved by Councillor Morey Seconded by Councillor Ruttan That By-law 2023-27, being a by-law to confirm generally all actions and proceedings of the Council of the Township of South Frontenac, be given first and second reading. Carried Resolution No. 2023-17-16 Moved by Deputy Mayor Sleeth Seconded by Councillor Roberts That By-law 2023-27, being the confirmatory by-law, be given third reading, signed and sealed. Carried

Adjournment

Resolution Resolution No. 2023-17-17 Moved by Councillor Godfrey Seconded by Councillor Leonard That the Council meeting of April 4, 2023 be adjourned at 9:41p.m. Carried

Ron Vandewal, Mayor

James Thompson, Clerk

Page 8 of 8

Page 34 of 102 Minutes of Council April, 11, 2023

Township of South Frontenac Joint Committee of the Whole / Council Meeting Minutes Meeting # 18 Time:7:00 pm Location: Council Chambers /Virtual Via Zoom Present: Mayor Ron Vandewal, Ray Leonard, Steve Pegrum, Doug Morey, Charlene Godfrey, Norm Roberts, Randy Ruttan, Ron Sleeth, Scott Trueman Staff: Louise Fragnito - Chief Administrative Officer, James Thompson - Clerk, Michelle Hannah - Deputy Clerk, Brad Wright - Director of Development Services, Kyle Bolton Director of Public Services, Shelley Stedall - Director of Corporate Services and Treasurer (virtually), Christine Woods - Senior Planner

Call to Order and Roll Call

Resolution The Deputy Clerk conducted the Roll Call. Resolution No. 2023-18-01 Moved by Councillor Roberts Seconded by Councillor Pegrum That the Joint Committee of the Whole / Council meeting of April 11, 2023 be called to order at 7:00 p.m. Carried

Declaration of pecuniary interest and the general nature thereof

There were none.

Approval of Agenda

Resolution Resolution No. 2023-18-02 Moved by Deputy Mayor Sleeth Seconded by Councillor Leonard That Council waive the rules of By-law 2017-76 in order to conduct the April 11, 2023 meeting as a Council Meeting rather than a Committee of the Whole meeting. Carried

Scheduled Closed Session

There was none.

Recess

Not Applicable.

Public Meeting

Page 35 of 102 Minutes of Council April, 11, 2023 There were none. 7

Delegations

There were none.

Approval of Minutes

There were none.

Business Arising

There was none.

Reports Requiring Action

Roof fabric replacement on the Keeley and Storrington sand domes Resolution No. 2023-18-03 Moved by Councillor Trueman Seconded by Councillor Ruttan That the projects be awarded to Barrett’s Farm and Family Centre who are the Contractor of Record that provides installation and service to maintain warranty of Calhoun design dome structures. Carried

Update to Council Procedure By-law Resolution No. 2023-18-04 Moved by Councillor Godfrey Seconded by Deputy Mayor Sleeth That the Committee of the Whole approve Exhibit “A” in principle to permit the proposed amendments outlined in the draft by-law (Exhibit “A”) to be circulated in advance of the public meeting; and That Council direct staff to provide notice with respect to a public meeting to be held on May 16, 2023, in accordance with By-law 2016-73, regarding proposed amendments to the Council Procedure By-law, (By-law 2017-76). Carried

Advisory Committee Reports or Minutes

There were none.

By-laws

Zoning By-law Amendment Application PL-ZBA-2023-0038, Southern Frontenac Community Services Corporation, 4295 Stage Coach Road Resolution No. 2023-18-05 Moved by Councillor Pegrum Seconded by Councillor Trueman That By-law 2023-28 being a By-law to remove the Holding “H” Symbol from the Schedules of Zoning By-law No. 2003-75, as amended, from 4295 Stage Coach Road, Part Lot 3, Concession 4, District of Loughborough, Township of South Frontenac be given first and second reading. Carried Resolution No. 2023-18-06

Page 2 of 4

Page 36 of 102 Minutes of Council April, 11, 2023 Moved by Councillor Roberts Seconded by Councillor Leonard That By-law 2023-28 be given third reading, signed and sealed. Carried b)

Noise By-law Amendments Resolution No. 2023-18-07 Moved by Councillor Roberts Seconded by Councillor Pegrum That By-law 2023-29 attached as Exhibit A, being “A By-Law to Amend By-Law 2015-41, As Amended, ‘A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac’, be given first and second reading. Carried Resolution No. 2023-18-08 Moved by Councillor Godfrey Seconded by Councillor Trueman That By-law 2023-29 attached as Exhibit A, being “A By-Law to Amend By-Law 2015-41, As Amended, ‘A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac’, be given third reading, signed and sealed. Carried

Reports for Information

Day Camp Registration Summary Report • This report provided Council information about registration statistics with regards to camps, as well as the new service delivery options of before/after care and the bus transportation.

Open House Discussion of the New South Frontenac Official Plan • Staff provided an opportunity for Council to view the Open House presentation and display boards in advance the first Official Plan Open House scheduled for April 25, 2023. This report provided additional details on Official Plan policy direction as requested by Council.

Information Items

There were none.

Notice of Motions

Deputy Mayor Sleeth submitted a notice of motion requesting that Council give consideration to a motion of reconsideration regarding the second clause of Resolution 2023-17-10 in relation to the 2023 Pavement Marking Program.

Announcements/Statements by Councillors

Deputy Mayor Sleeth noted that he received a positive comment from his constituents with respect to a demolition permit received and how impressed the individual was with the building inspector on the file. He also noted that he received very positive comments about the public works staff working at the Storrington Centre. Mayor Vandewal also noted that he received information that the issue of the rental at the Storrington Centre was resolved in a positive manner.

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

There were none.

Page 3 of 4

Page 37 of 102 Minutes of Council April, 11, 2023 18

Closed Session (if requested)

There was none.

Confirmatory By-law

Resolution Resolution No. 2023-18-09 Moved by Councillor Pegrum Seconded by Councillor Morey That By-law 2023-30, being a by-law to confirm generally all actions and proceedings of the Council of the Township of South Frontenac, be given first and second reading. Carried Resolution No. 2023-18-10 Moved by Councillor Leonard Seconded by Councillor Godfrey That By-law 2023-30, being the confirmatory by-law, be given third reading, signed and sealed. Carried

Adjournment

Resolution Resolution No. 2023-18-11 Moved by Councillor Ruttan Seconded by Councillor Trueman That the Joint Committee of the Whole / Council meeting of April 11, 2023 be adjourned at 7:55 p.m. Carried

Ron Vandewal, Mayor

James Thompson, Clerk

Page 4 of 4

Page 38 of 102

To: Council Prepared by: Office of the Chief Administrative Officer Date of Meeting: April 18, 2023 Subject: Strategic Plan RFP

Summary This report provides information on the results of the procurement process for the Strategic Plan Request for Proposal (RFP) and request support in the award of the contract.

Recommendation That Council support awarding the Strategic Plan consulting services contract in the amount of $25,438.98 including non-rebatable HST to Strategy Corp, and That the required additional funding for the project be funded from the Working Funds Reserve

Background Council is responsible for determining the strategic direction and priorities of the Township. A strategic plan is a key document that becomes the roadmap for staff and the community. It defines the strategy or direction in setting goals and determining actions to achieve these goals. Further, it provides the decision-making direction from Council in allocating resources to pursue it’s vision. It contains Council’s vision for the future of our community and defines how we are going to get there. The current strategic plan was developed at the beginning of the last term of Council with a 2019-2022 timeline and can be found on our website under Home/Town Hall/Strategic Plan

Discussion/Analysis On March 1, 2023, an RFP was issued to solicit interest in providing consulting services to update our Strategic Plan. The RFP closed on March 22, 2023. Five submissions were received and evaluated by the CAO and the Executive Assistant/Communications Officer. The results were as follows:

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 39 of 102 Township of South Frontenac Staff Report - Strategic Plan RFP

Name

Score

Strategy Corp Capital Park Stiletto Explorer Whitesell

79.2 70.5 61.1 56.2 33.6

Price (incl. non-rebatable HST) 25,438.98 47,360.12 64,668.48 15,243.65 57,774.24

Strategy Corp provided the strongest proposal and demonstrated their experience both in the municipal sector and within a rural environment. The Township has worked with Strategy Corp in the past where they demonstrated their experience and expertise in managing timelines, facilitation discussion while documenting and summarizing information to provide a useful final product.

Financial Implications The 2023 budget includes $15,000 for this project. An additional amount of $10,438.98 is required to fund the project and is proposed to be funded from Working Funds.

Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •

Priority: Choose an item. This document focuses on reviewing and updating Council’s strategic direction to provide a roadmap for the future.

Climate Considerations ☒ Not applicable to this report.

Approvals Approved By:

Louise Fragnito, CPA, CGA Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 40 of 102

To: Council Prepared by: Corporate Services Department Date of Meeting: April 18, 2023 Subject: 2023 Final Tax Rate By-law

Summary This report provides information on the Township’s 2023 Final Tax Rate By-law.

Recommendation That By-law 2023-31, being the 2023 Final Tax Rate By-law be given first and second reading; and That By-law 2023-31 be given third reading signed and sealed.

Background The Municipal Act, 2001 requires municipalities to pass a by-law to enable the levying and collecting of property taxes. The 2023 operating budget, passed by Council resolution on March 7, 2023, included an amount of $21,641,190 to be raised by taxation.

Discussion/Analysis The recommendation in this report serves to formalize the appropriate by-law to enable the levying of taxation from the finalized budget to our final tax billing. The due dates within the 2023 tax rate by-law provide for an installment on June 30th and a second installment due September 29th.

Financial Implications The passing of by-law 2023-31 allows the municipality to levy and collect the $21,641,190 to be raised by taxation based on the approved 2023 budget.

Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 41 of 102 Township of South Frontenac Staff Report - 2023 Final Tax Rate By-law

•

Priority: N/A

Attachments •

By-law 2023-31 Tax Rate bylaw including Schedule A & B

Approvals Submitted By:

Shelley Stedall, Dipl. B. Admin. AMCT Director of Corporate Services & Treasurer Approved By:

Louise Fragnito, CPA, CGA Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 42 of 102

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-31 A BY-LAW TO LEVY TAXES IN THE TOWNSHIP OF SOUTH FRONTENAC FOR THE YEAR 2023 WHEREAS the Ontario Municipal Act, 2001, c25 section 312, as amended, provides that the Council of a local municipality shall, after the adoption of the estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class; and WHEREAS the Ontario Municipal Act, 2001, S.O. 2001, c25 section 290, as amended, provides that the Council of a local municipality shall in each year prepare and adopt a budget including estimates of all sums required during the year for the purposes of the municipality; and WHEREAS the tax ratios and tax rate reductions for prescribed property subclasses have been established by the County of Frontenac, by its By-law 2023-012 and, WHEREAS the Province approved Ontario Regulation 576/22 under the Education Act, amending Ontario Regulation 400/98 to prescribe the education rates for the assessment in each property class for 2023; WHEREAS it is necessary for the Council of the Corporation of the Township of South Frontenac, pursuant to the Municipal Act, 2001 to levy on the whole rateable property according to the last revised assessment roll for the Corporation of the Township of South Frontenac the sums set forth for various purposes in Schedule “B” hereto attached for the current year; and NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.

The 2023 estimates for the current year as set forth in Schedule “B” attached hereto and forming part of this by-law are hereby adopted.

For the year 2023, the Corporation of the Township of South Frontenac shall levy upon the Residential and Farm Residential Assessment, MultiResidential Assessment, Commercial Assessment including new construction, Industrial Assessment including new construction, Parking Lot Assessment, Farmland Assessment and Managed Forest Assessment the rates of taxation per current value assessment as set out in Schedule “A” attached hereto and forming part of this by-law.

The levy provided for in Schedule “A” attached to this by-law shall be reduced by the amount of the interim levy for 2023.

For payments-in-lieu of taxes due to the Corporation of the Township of South Frontenac, the actual amount due to the Corporation of the Township of South Frontenac shall be based on the assessment roll and the tax rates for the year 2023.

For railway rights of way taxes due to the Corporation of the Township of South Frontenac in accordance with the Regulations as established by the Minister of Finance, pursuant to the Municipal Act, the actual amount due to the Corporation of the Township of South Frontenac shall be based on the assessment roll and the tax rates for the year 2023.

The levy for municipal, county, education and special area charges shall become due and payable as follows:

Page 43 of 102

All Classes • 50% of the final bill and any outstanding arrears shall be due on Friday, June 29th, 2023 • The balance of the final bill shall be due on Thursday, September 28th, 2023. 7.

As provided under Section 345(2) of the Municipal Act 2001, there shall be imposed a penalty of one and one-quarter percent (1.25%) per month on the first day of each month following default of payment on all taxes of the current year remaining unpaid after the due date of said taxes.

There shall be imposed additional interest of one and one-quarter percent (1.25%) per month on all taxes outstanding at the end of the year for which the taxes were levied as provided in Section 345(3) of the Municipal Act, 2001.

Penalty and interest charges at the prevailing rate will be added in the same manner as taxes to those non-levy items added to the Collector’s Roll for collection.

All supplementary taxes levied under the Assessment Act will be due in two installments with the second installment due one month after the first installment due date, and penalties and interest will be added in the same manner as the ordinary tax bills.
The Treasurer of the Corporation of the Township of South Frontenac is hereby empowered to accept part payment from time to time on account of any taxes due.
Pursuant to the provisions of the 2023 Municipal Budget, transfers budgeted as a “Contribution from Revenue Fund to Reserves” shall be implemented by the Treasurer in the amount budgeted. Transfers budgeted as a “Contribution from Reserves and/or Reserve Funds to Revenue Fund and/ or Capital Fund” shall be implemented by the Treasurer in the exact amount required to finance the actual expenditures of the particular project net of other applicable revenues, even should said amount exceed the transfer/ contribution from Reserves and/or Reserve Fund originally budgeted for.
Any surplus/deficit resulting from the 2023 operations of the General Revenue Fund as of December 31, 2023 shall be transferred to/financed from the reserve for Working Funds except for Winter Control, Building, Volunteer Firefighters wages, Water and Recycling which have dedicated reserves for stabilization.
Notwithstanding any of the foregoing, the Treasurer is hereby authorized to accept payments made on the Current Pre-Authorized Payment Plan on the first day of the month following the due date for payment of taxes without adding penalty and/ or interest charges to the outstanding taxes and tax arrears.
If any section or portion of this by-law or the schedules attached hereto is found by a court of competent jurisdiction to be invalid, it is the intent of the Council of the Corporation of the Township of South Frontenac that all remaining sections and portions of this by-law and the schedules continue in force and effect.
This by-law shall come into force and take effect on the date of its passage. Dated at the Township of South Frontenac this 18th day of April 2023.

Page 44 of 102

Read a first and second time this 18th day of April 2023. Read a third time and finally passed this 18th day of April 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

James Thompson, Clerk

Schedule “A” to By-Law No. 2023-31

TOWNSHIP OF SOUTH FRONTENAC - 2023 TAX RATE SCHEDULE

Assessment Class

RTC

South Frontenac Tax Rate

Residential and Farm Residential Multi-Residential Commercial-Full, Shared PIL Commercial Occupied Commercial Vacant Land Commercial Excess Land New Const-Full-No Support New Const-Excess Land-No Support Parking Lot Industrial -Full, Shared PIL Industrial -Excess Land, Shared PIL Industrial Occupied Industrial Excess Land Industrial Vacant Land Industrial–Small Scale on Farm Bus2 Industrial.-Small Scale on Farm Bus1 Farmlands Managed Forest Total

RT MT CH CT CX CU XT XU GT IH IK IT IU IX I0 I7 FT TT

0.616904% 0.616904% 0.616904% 0.616904% 0.431833% 0.431833% 0.616904% 0.431833% 0.616904% 0.616904% 0.400988% 0.616904% 0.400988% 0.400988% 0.154226% 0.154226% 0.154226% 0.154226%

Current Value Assessment

3,437,247,554 4,045,000 0 31,058,626 323,000 523,600 0 0 43,000 558,000 114,000 3,256,100 14,100 429,000 50,000 50,000 110,613,828 15,295,300 3,603,621,108

South Frontenac Levy

21,204,518.00 24,955.00 0.00 191,603.00 1,395.00 2,261.00 0.00 0.00 265.00 3,442.00 457.00 20,087.00 57.00 1,720.00 77.00 77.00 170,595.50 23,589.00 21,645,099 Page 45 of 102

Page 46 of 102

Schedule B - By-Law 2023-31

TOWNSHIP OF SOUTH FRONTENAC 2023 Budget Summary of Revenue and Expense

Actuals

2022-2023 Budget

2022 Budget

31-Dec-22

2023 Budget

Variance

249,500

228,883

249,500

REVENUE

Property Taxation- Supplementary & PIL

User Charges

1,216,510

1,199,455

1,252,744

36,234

2.98%

Licenses, Permits and Rents

1,491,070

1,983,331

1,702,635

211,565

14.19%

Government Grants

3,237,941

3,395,284

3,185,516

-52,425

-1.62%

Grants from Other Municipalities

494,605

7,860

495,252

647

0.13%

Investment Income

353,000

360,579

359,000

6,000

1.70%

Penalties and interest on taxes

370,000

341,791

370,000

0.00%

Donations

13,000

31,824

-13,000

-100.00%

Other

9,445

122,637

82,000

72,555

768.18%

Transfers From Reserves/Reserve Funds

5,432,929

1,466,838

8,069,584

2,636,655

48.53%

TOTAL Revenue

12,868,000

9,138,482

15,766,231

2,898,231

22.52%

6,125,800

6,126,791

6,404,584

278,784

4.55%

OPERATING EXPENSE

General Government

Protection to Persons and Property

0.00%

Fire

2,343,439

5,646,508

3,003,241

659,802

28.16%

Police

2,931,316

2,914,699

2,865,302

-66,014

-2.25%

Conservation Authorities

258,872

275,003

271,271

12,399

4.79%

Protective Inspections and Control

132,752

107,331

133,173

421

0.32%

Emergency Measures

2,730

430

2,750

0.73%

Building Department

1,165,650

1,034,584

1,431,660

266,010

22.82%

Transportation Services Roadway Maintenance

12,716,328

9,690,874

14,746,727

2,030,400

15.97%

Winter Control

2,318,868

2,290,232

2,369,180

50,312

2.17%

Environmental Services

Water System

403,353

207,014

411,312

7,959

1.97%

Solid Waste Management

3,088,196

3,010,235

3,140,655

52,460

1.70%

1,888,841

2,028,355

1,659,707

-229,133

-12.13%

684,705

665,805

967,858

283,153

41.35%

Parks, Recreation and Cemeteries

Planning and Development

TOTAL Expense

34,060,849

33,997,860

37,407,421

3,346,572

9.83%

TO BE RAISED BY TAXATION

21,192,849

21,641,190

448,341

2.12%

IMPACT ON TAXPAYER: BASED ON AVERAGE PHASE-IN ASSESSMENT THE TOWNSHIP’S SHARE OF THE TAX BILL ON A 278,387 PROPERTY WILL INCREASE 2.62% WHICH EQUALS $43.91

Schedule B - By-law 2023-31

2023 Capital Budget Detailed Project Sheet Project *

Page #

2 3 4 5 6

23-03 23-05 23-08 23-09 23-10

Obligatory Reserves

2023 Budget

CORPORATE SERVICES Climate Change Adaption / Mitigation Strategy Strategic plan Update Town Hall Expansion Design Digitization Records Project Audio Visual System - Council Chambers and Backup subtotal FIRE

25,000 15,000 300,000 75,000 30,000 445,000

VFF Recruitment

137,000

9 10 11 12 13 14

23-02 23-22 23-23 23-24 23-25 23-26

New 2500gal Tanker Community Risk Assessment / Master Fire Plan Hose and Appliances Bunker Gear Replacement - 8 Suits Ice Water Rescue Equipment Renewal Firefighting Particulate Balaclava - 130 subtotal PUBLIC SERVICES FLEET Bulldozer Tandem Dump Truck/Plow 72-Asphalt Hot Box 1/2 Ton Truck 3/4 Ton Truck Tandem Axle Utility Trailer Sweeper Attachment Snow Blower Attachment Light Duty SUVs (2) Light Duty Vehicle Hoist Automatic Vehicle Location System (AVL) subtotal ROADS INFRASTRUCTURE Sunbury Road (Battersea Rd to Factory Rd) Alton Road West (Road 38 to Loughborough Portland Boundary Road) North Shore Road (Hewlett Packard Road to Convery Lane) Surface Treatment (LCB) Preservation Culvert Replacement Wilmer Road Opinicon Culvert Replacement Design - Various OSIM Structures Transportation Master Plan Pre-Engineering Roads 2024 Pleasant Valley Municipal Drain - Drainage Act Maintenance Gravel Road Granular Renewal Sydenham Drinking Water System Traffic Counter Units Road 38 Preliminary Design Arterial Reserve (Road 38) Electronic Portable Message Boards Speed Monitoring Radar Sensor (OPP) Sidewalk Construction Guiderail Program Streetlight Program subtotal

575,000 55,000 20,000 25,000 54,000 19,500 885,500

28 29 30 31 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

23-40 23-41 23-42 23-43 23-44 23-45 23-46 23-49 23-50 23-51 23-52 23-53 23-55 23-56 21-R09 23-30 23-33 21-R06 21-R07 21-R08

225,000 350,000 48,000 50,000 75,000 6,500 0 30,000 85,000 40,000 50,000 959,500 3,800,000 929,400 636,700 800,000 375,000 706,500 100,000 50,000 45,000 16,500 300,000 22,000 13,500 120,000 270,000 50,000 7,000 50,000 50,000 30,000 8,371,600

Asset Invesment Infrastructure Reserve

Fire Equipment

Facilities

Public Services Equipment

Building Equipment

Building

Landfill Closure

Climate Change Reserve

Sydenham Water Reserve

OPP Reserve

Taxation

Other

Notes

25,000 15,000 150,000

150,000

150,000 75,000 0

30,000 45,000

225,000

25,000

Preapproved in 2022

137,000 575,000

137,000

445,000

20,000 25,000 54,000 19,500 693,500

Preapproved in 2022

0 55,000

55,000

885,500

959,500

225,000 350,000 48,000 50,000 75,000 6,500 0 30,000 85,000 40,000 0

1,140,000

155,000

50,000 804,500

990,586

609,000 1,060,414 Ont. Comm. Infrastructure Fund (OCIF)

929,400 141,448

495,252 County CCBF (Federal Gas Taz) 500,000

300,000

375,000 170,000

536,500 100,000

50,000 45,000 16,500 Tile Drainage Act 45,000

255,000 22,000 13,500 120,000 270,000 50,000 7,000

1,190,000

1,474,400

1,322,034

500,000

22,000

7,000

50,000 50,000 30,000 2,284,000 1,572,166

8,371,600

Page 47 of 102

23-01

23-70 23-71 23-72 23-73 23-74 23-75 23-76 23-77 23-78 23-31 23-34

Community Building Working Development Fund (formerly Parkland Funds Charges Federal Gas Tax)

16 17 18 19 20 21 22 23 24 25 26

Reserves

Schedule B - By-law 2023-31

2023 Capital Budget Detailed Project Sheet Project *

Page #

50 51 52 53 54 55 56

58 59 60 61 62 63 64 65 66 67 68 69 70

72 73 74 75

22-32 22-33 22-51 23-60 23-63 23-65 23-66

23-80 23-83 23-84 23-85 23-86 23-87 23-88 23-89 23-100 23-101 23-103 23-104 23-104

23-04 23-06 23-07 22-60

FACILITIES New Monitoring Wells and Land/Water Rights Purchase - Loughborough Storrington Yard - Fabric Replacement on Salt Dome Fabric Roof Panels (3) - Keeley Road Sand/Salt Dome Verona Medical Clinic - Construction 2nd floor accessible entrance Sydenham - Station 5 - Renovations/Repairs Storrigton Yard Fuel System Building Condition Assesment Update subtotal RECREATION Boat Launch/Water Access Review Glendower Heritage Garden Storrington Centre Audio Equipment Storrington Centre Exterior Renovations Centennial Park Accessible Washrooms - Design work Glendower Park: Removal of old Equipment Purchase of materials for Picnic Tables Glendower Community Court Renewal Centennial Park Playground Renewal Inverary Playground Equipment Replacement Princess Anne Repairs Cenntennial Park Diamond and Soccer Bleacher Replace. McMullen Park Building Remediation subtotal DEVELOPMENT SERVICES New Building Vehicle Zoning Bylaw Update Community Planning Permit System Napanee River Lakes Study Updated Floodplain Mapping subtotal Total

Obligatory Reserves

2023 Budget

Reserves

Community Building Working Development Fund (formerly Parkland Funds Charges Federal Gas Tax)

115,000 80,000 80,000 60,000 120,000 50,750 70,000 575,750 25,000 20,000 10,000 40,000 5,000 10,000 20,000 120,000 91,000 33,000 15,000 52,500 25,000 466,500 45,000 125,000 25,000 79,900 274,900 11,978,750

Asset Invesment Infrastructure Reserve

Fire Equipment

Facilities

Public Services Equipment

Building Equipment

Building

Landfill Closure

Climate Change Reserve

Sydenham Water Reserve

OPP Reserve

Taxation

Other

Notes

115,000 80,000 80,000 60,000 120,000 50,750 0

70,000 70,000

Asset Mgmt - funded thoru CCBF 0

390,750

115,000

575,750

25,000 20,000 10,000 COVID Funds 40,000 5,000 10,000 20,000 120,000 91,000 33,000 15,000 52,500 0

87,500

0 87,500

75,000 25,000 79,900 179,900 361,900

55,000

211,000

0 0

0 115,000

0 25,000

0 22,000

0 7,000

25,000 103,000

10,000

466,500

0 0 2,442,000 1,582,166

274,900 11,978,750

45,000 50,000

50,000 1,390,000

0 1,544,400

0 1,532,034

0 711,000

0 615,750

0 693,500

0 804,500

45,000 45,000

Page 48 of 102

Page 49 of 102

To: Council Prepared by: Development Services Department Date of Meeting: April 18, 2023 Subject:

Zoning By-law Amendment Application PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road

Summary This report recommends that Council pass a by-law to change the zone on a portion of the subject property from Rural (RU) to Rural Special Exception 70 and 71 (RU-70 and RU-71) zones. The effect of the amendment would be to facilitate the creation of two residential lots by permitting residential land uses that would be 300 metres and 236 metres from an existing quarry.

Recommendation That By-law 2023-32 being a By-law to amend By-law 2003-075, as amended, to rezone land from Rural (RU) to Rural – Special Provision (RU-70 and RU-71) on lands described as Part Lots 36 and 37, Concession 7, District of Storrington be given first and second reading; and That By-law 2023-32 be given third reading, signed and sealed.

Background Council held a public meeting under the Planning Act on April 4, 2023, on the proposed amendment to Zoning By-law No. 2003-75. This application is being brought forward to Council for a decision.

Property Description The subject property is a total of 44.7 hectares located on the southwest corner of the intersection of McGarvey Road and Princess Road and is municipally known as 3185 McGarvey Road. The total frontage on Princess Road is 380.5 metres and 908.2 metres on McGarvey Road. The subject property contains an existing horse farm, including two barns, indoor riding ring, office, and open fields. The terrain of the property consists mostly of field, with some www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 50 of 102 Township of South Frontenac Staff Report - Zoning By-law Amendment Application PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road

mature trees scattered through the lot. A wooded area runs along the west property line. The subject property was at one time used as a licensed pit – the area of extraction was located in the southern half of the property. Use of the pit on the property ceased in the 1990’s and the pit license surrendered due to the resources on the site being exhausted. There is a pit/quarry to the east of the subject property that is licensed under the Aggregate Resources Act (ARA) and is located within 500 metres of the proposed lots. There is also a licensed pit located to the west of the subject property. The proposed lots comply with the required setback from this pit.

Summary of Application The application is related to consent applications PL-BDJ-2022-0131 and PL-BDJ-20220132 which propose to create two new 0.8 ha residential lots with frontage on Princess Road. The subject property is near an active quarry. The quarry is located to the east of the subject property on the east side of McGarvey Road. A zoning amendment is required as the Zoning By-law does not allow new residential land uses within 300 metres of a quarry. The Zoning By-law also only permits new residential land uses to be established between 300 metres and 500 metres from a quarry if a zoning by-law amendment is approved by Council. The purpose of the subject application is to permit Lot 1 (PL-BDJ-2022-0131) to be located a minimum of 300 metres from the existing quarry, and also to permit Lot 2 (PL-BDJ-20220132) to be located a minimum of 236 metres from the existing quarry. Each proposed lot will be placed in a Rural – Special Exception zone which will establish the minimum separation distance of each lot from the quarry. The effect of the application is to provide relief for the two proposed lots from the required separation distance from the quarry. The zoning amendment is required in order to advance the consent applications as the consent applications currently do not comply with the zoning by-law. A decision will not be made on the consent applications until a decision is made on the subject zoning amendment.

Supporting Documentation A Mineral Aggregate Land Use Compatibility Report (Pro-Inspect, November 7, 2022) was submitted in support of consent applications PL-BDJ-2022-0131 and PL-BDJ-2022-0132. The report is Attachment 1. The report reviewed the proposed lots in relation to the existing pits and quarries, and mineral aggregate resources in the area. The report concluded that the proposed lots would not result in any compatibility issues with the existing pits and quarries in the area.

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Page 51 of 102 Township of South Frontenac Staff Report - Zoning By-law Amendment Application PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road

Discussion/Analysis Department and Agency Comments The related consent applications were circulated to agencies. Building Services, Public Services, and Cataraqui Conservation all stated that they had no objection to approval of the related consent applications from their perspectives. Specifically, the proposed lots have suitable site conditions for sewage systems, there are safe entrance locations, and they are outside any nearby natural heritage features. Planning staff note that the development of the lots could meet or exceed Minimum Distance Separation I (MDS I) setbacks from all nearby livestock facilities. Public Comments A public meeting was held under the Planning Act on April 4, 2023. No members of the public spoke to this application at the meeting, and no comments have been received to date. The Mayor and several Councilors spoke in favour of the application. Planning Analysis The proposed zoning by-law amendment was assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The Provincial Policy Statement (PPS) 2020 indicates that mineral aggregate resources shall be protected for long-term use, and where provincial information is available, deposits of mineral aggregate resources shall be identified. It also states that within or adjacent to known deposits of mineral aggregate resources, development and activities which may preclude or hinder the establishment of new operations or access to the resources may only be permitted if: •

Resource use would not be feasible; or

•

The proposed land use or development serves a greater long-term public interest; and

•

Issues of public health, public safety and environmental impact are addressed.

The County of Frontenac Official Plan contains policies that are consistent with the PPS. The Official Plan also identifies known deposits of mineral aggregate resources. The Township of South Frontenac Official Plan intends to protect, wherever possible and practical, sand and gravel resources and a reasonable amount of bedrock resources for aggregate extraction and to ensure that the resources are utilized in accordance with www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 52 of 102 Township of South Frontenac Staff Report - Zoning By-law Amendment Application PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road

property controls. Existing licensed pits and quarries are designated “Mineral Aggregate” and are placed in either a Pit or Quarry zone depending on the type of operation and its annual production (tonnage). The Township Official Plan recognizes the concept of an influence area as a means of protecting mineral aggregates and existing quarries from incompatible land uses. For this reason, the Official Plan prohibits residential land uses within 300 metres of an existing or proposed quarry, within 150 metres of an existing or proposed pit above the water table, and 300 metres of an existing or proposed pit below the water table. The Zoning By-law intends to prevent incompatible lands uses less than 500 metres but more than 300 metres from an existing quarry. The 500 metres is an influence area, which is not meant to be a strict buffer or setback area in which development is prohibited, but rather, it is an area where impacts may occur or may be experienced, and development may occur subject to form of technical assessment. Section 5.34.1 of the Zoning By-law prohibits residential land uses within 300 metres of an existing quarry, within 150 metres of an existing or proposed pit above the water table, and 300 metres of an existing or proposed pit below the water table. Section 5.34.2 of the Zoning By-law specifies that residential land uses may be permitted on lands between 300 metres and 500 metres of an existing quarry provided a minor variance or rezoning application is approved by the Township. The proposed lots would be at least 236 metres and 300 metres from the licensed pit/quarry site to the east. It is noted that the Mineral Aggregate designation and QA-1 zone does not correspond to the licenced area because the northern boundary of the pit/quarry was reduced by 300 metres in June 2022. The severed parcel would be 150 metres from the sand and gravel pit to the west. The severed parcel is also on an identified secondary sand and gravel resource (i.e. known deposit of mineral aggregate resources). The Mineral Aggregate Land Use Compatibility Report (Pro-Inspect, November 7, 2022) concluded that approval of the severance applications will not result in any incompatibility that is not able to be addressed by the operational characteristics, controls and regulatory framework that currently exist with respect to the Aggregate Resources Act (ARA) licensed sites (ID 3132 and 3145). Specifically, the proposed dwelling location on each of the lots would be more than 300 metres from the pit/quarry, and any negative land use compatibility outcomes would be mitigated by virtue of the minimum separation distances, the characteristics of the pit/quarry operation, pre-existing regulatory controls, and proximal existing residential development. The Mineral Aggregate Land Use Compatibility Report did not speak directly to the severed parcel’s position in the secondary sand and gravel resource. However, it did identify that www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 53 of 102 Township of South Frontenac Staff Report - Zoning By-law Amendment Application PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road

the subject property was at one time under an ARA licence for a sand and gravel pit. The report indicated that the operation was terminated in the 1990s and it would be reasonable to assume that the aggregate resource in the pit area was depleted through the pit operation. The Township has a copy of the ARA licence and site plan for the site. The site plan shows that the northwest corner of the subject property, adjacent to the proposed lots, was an extraction site. The Township also has a copy of the Ministry of Natural Resources letter from 1997 which cancelled the licence, acknowledged that the site was rehabilitated, and specified that the aggregate resource on the property is no longer of interest to the Province. The Township also has a copy of the 2021 letter from the Ministry of Natural Resources letter that cancelled the licence for the property to the southwest (ID 3135). This demonstrates that a large portion of the known secondary sand and gravel resource area has been depleted. Therefore, the proposed lots would not be contrary to the applicable mineral aggregate policies. It was determined that an Official Plan Amendment was not required as numbers in the Official Plan are not fixed or rigid, particularly related to mineral aggregate resource influence areas. It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject property.

Financial Implications Not applicable.

Relationship to Strategic Plans ☒ Not applicable to this report.

☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •

Priority: Choose an item. Action Item (if applicable): N/A

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Page 54 of 102 Township of South Frontenac Staff Report - Zoning By-law Amendment Application PL-ZBA-2023-0026, Carol Bisaillon and Daryl Martin, 3185 McGarvey Road

Notice/Consultation Notice of the Statutory Public Meeting that was held on April 4, 2023, was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • •

by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Attachments

Mineral Aggregate Land Use Compatibility Report
By-law 2023-32

Approvals Report Prepared By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:

Brad Wright Director of Development Services Approved By:

Louise Fragnito, CPA, CGA Chief Administrative Officer

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T:613 7067 . E:promspect@cogeco.ca

Prepared by: Amarjit S. Sandhu, BSc. Pro-In ctv

Prepared for: Carol Bisaillon& DarylMartin (’App|icant’)

Nov. 7, 2022

Township of South Frontenac County of Frontenac

HIP OF ONTEN

MG EPRT

TO UTH

NOV0 9 2022 T

RECEBVED

Severance Applications 3185 McGarvey Road Pt. Lots 36 & 37, Conc. 7 (Storrington)

Mineral Aggregate Land Use Compatibility Report

COPY FILE

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at 3185 McGarvey Road,

2.1.2.2, Part5 (in part):

2.1.2.2, Part4 (in part): The Townships shall identify and protect all existing mineral aggregate operations from incompatible uses and activities that would preclude or hinder their expansion or continued use, or which would be incompatible for reasons of public health, public safety, or environmental impact.

County Official Plan 2.1.2 Mining and Mineral Aggregate Resources 2.1.2.1, Part3: Area’ shall be used in order to protect existing /and uses in the vicinity of a proposed mineral An ’Inf/uence mining operation. This ’InfIuence Area’ shall also be applied to protect mineral mining operations fromthe encroachment of incompatible /and uses. Local Official Plans shall establish the extent of an influence area in consultation with the Ministry of Northern Development and Mines and the Ministry of the Environment and Climate Change (MOECC).Development may be permitted in an ‘Influence Area’ as set out in Local Official Plans and only where the impacts of a mining operation can be properly mitigated.

Planning Policy Considerations Township Of?cial Plan 5.5 MINERALAGGREGATE 5.5.2 Influence Area The concept of an influencearea is recognized as a means ofprotecting against incompatible land uses in the vicinity ofMineral Aggregate designations and to protect existing pits and quarries fromencroachment from other incompatible /and uses. In accordance with this concept, it shall be the policy of Council to prohibit residential land uses 300 metres (984.3 feet) of an existing or proposed quarry, within 150 metres (492 feet) of an existing or proposed pit above the water table, and within 300 metres (984.3 feet) of an existing or proposed pit below the water table. In addition, Council will prevent any other incompatible land uses from locating within this setback area and within a 200 metre (656.2 foot) influence area adjacent to this setback for all existing or proposed quarries.

Mineral Aggregate Land Use Interest Two pit and/orquarry sites licensed under the Aggregate Resources Act (ARA)are located within 500 m of the proposed severances.

lnverary ON.

Application Two proposed residential severances fronting on Princess Road, on property

3185 McGarvey Road Severances (Dream Catcher Farm)

MINERALAGGREGATELANDUSE COMPATIBILITYREPORT -SUMMARY

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5.5.2 In?uenceArea The concept ofan in?uencearea is recognized as a means ofprotecting against incompatible land uses in the vicinity ofMineral Aggregate designations and to protect existing pits and quarries fromencroachmentfromother incompatible land uses. In accordance with this concept, it shall be the policy ofCouncil to prohibit residential land uses 300 metres (984.3 feet) ofan existing or proposed quarry, within 150 metres (492

5.5 MINERAL AGGREGATE

5.0 LAND USE POLICIES

The proposed severances are located on lands that are designated in the Township of South Frontenac Official Plan (approved May 2013) as ‘Rural’, within which residential development is permitted. The presence of pit/quarry sites within 500 m of the proposed severances triggers a determination of whether a specialized type of land use compatibility assessment is required, as part of the severance review and approval process. Applicable Township Official Plan (OP) policies relating to this type of assessment are as follows:

Planning Policy Framework

Pit and quarry sites licensed under the Aggregate Resources Act (ARA)are located to the west and southeast of the proposed severances. At these pit and quarry operations, the extraction, processing, stockpiling and shipment of mineral aggregates is permitted, to provide for the supply ofmaterials for use in the construction and landscaping sector.

The two severances are rectangular in shape and referred to as S1 and S2, with each being 2.4 acres in area and having frontage on Princess Road. The applications have been filed with the Township of South Frontenac and assigned File No. PL-BDJ—2022-0131, for S1, and File No. PL—BDJ-2022-0132for S2.

Pro-Inspect has been retained by Carol Bisaillon & Daryl Martin, landowners/applicants, to prepare a Mineral Aggregate Land Use Compatibility Report as part of an application for two severances on a property at 3185 McGarvey Road, lnverary ON, geographically described as Part Lots 36 and 37, Concession 7, Storrington District. Each severance has frontage on Princess Road.

Introduction

3185 McGarvey Road Severances

MINERALAGGREGATELANDUSE COMPATIBILITYREPORT

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of the County of Frontenac

Official Plan

The Townships shall identify and protect all existing mineral aggregate operations from incompatible uses and activities that would preclude or hinder their expansion or continued use, or which would be incompatible for reasons of public health, public safety, or environmental impact.

2.1.2.2, Part 4, states (in part):

An ‘In?uence Area’ shall be used in order to protect existing land uses in the vicinity of a proposed mineral mining operation. This ‘Influence Area’ shall also be applied to protect mineral mining operations from the encroachment of incompatible land uses. Local Official Plans shall establish the extent of an influence area in consultation with the Ministry of Northern Development and Mines and the Ministry of the Environment and Climate Change (MOECC). Development may be permitted in an ‘Influence Area’ as set out in Local Official Plans and only where the impacts of a mining operation can be property mitigated.

2.1.2.1, Part 3, states:

—

SECTION 2 ECONOMIC SUSTAINABILITY 2.1 Natural Resources 2.1.2 Mining and Mineral Aggregate Resources

The Township OP policies correspond with the requirements (approved January 2016), as follows:

The concept ofan in?uencearea is recognized as a means ofprotecting against incompatible land uses being located in close proximity to each other. This concept applies when a sensitive [and use 0’orexample, residential) is being proposed in close proximity to mining or mineral aggregate lands, certain commercial and industrial uses, etc., and conversely when one ofthese uses are proposed within close proximity to a sensitive land use. In?uence areas are speci?c to the designation or type ofproposed use and will be detailed in the appropriate section ofthis Plan. Wherepossible, in?uenceareas will be based on Provincial guidelines. Council, through the review ofdevelopmentapplications within in?uenceareas will ensure that land use compatibility issues are addressed

6.20 INFLUENCE AREAS

6.0 GENERAL POLICIES

Related to the above is Section 6.20, which states:

Page 58 of 102

150 metres ofan existing pit above the water table; and, 300 metres of an existing pit below the water table.

300 metres of an existing quarry;

uses; and, when the converse situation applies.

required to demonstrate the proposed use is consistent with Township and County OP policies for development proposals in areas of pit/quarry uses.

part 3, stipulates that development may be permitted in a local OP described ‘influence area’ where the impacts of the pit or quarry can be mitigated. Policy 2.1.2.2, Part 5, states a professional study by may be

More clearly, this understanding is fully recognized in the County of Frontenac Official Plan. Section 2.1.2.1,

Notwithstanding the Township OP’s policy framework, a commonly accepted understanding ofthe ‘influence area’ concept is n_o’tthat it is a strict buffer or setback area in which development is prohibited, but rather, it is an area where impacts may occur or may be experienced, and development may occur subject to some form of technical assessment. With this in mind, it can be appropriate to consider the ‘influence area’ to be the entire 500 m distance from a quarry site, as opposed to strictly being the 200 m wide distance between the 300 m and 500 m distances. There is some reference to this understanding in OP Section 6.20 which describes that Council will review development applications within pit/quarry influence areas to ensure that land use compatibility issues are addressed.

proximity to aggregate

Township OP policy 6.20 describes the ‘influence area’ as a land use planning concept to protect from incompatible land uses occurring in close proximity to each other. The concept is supported by distances specified in OP policy 5.5.2, and is applied when a sensitive land use such as residential, is proposed in

Existing quarry sites have an additional policy stipulation. This is that Council will ”prevent any other incompatible land uses” from locating within a 200 m “influence area” adjacent to the above—described setback distance of3OO m. This equates to a combined “setback” and ‘’influence area” distance of 500 m for quarry sites.

—

Township OPpolicy 5.5.2 establishes separation distances on the basis ofthe broad type of incompatible land use and the type of pit or quarry operation. The policy states Council will “prohibit” residential land uses within the following “setback” distances:

Official Plan policies at the Township and County level require the protection of pit and quarry operations from encroachment by incompatible land uses, on the basis of the ‘influence area’ concept and prescribed separation distances.

Planning Policy Analysis

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operation, or not result in issues of public health, public safety, or environmental impact. These are policies which are carried-over from the Provincial Policy Statement (PPS).

Figure 1

severance boundaries are located within 300 m of the pit/quarry site located to the southeast. However, the sketch also details that the dwelling proposed in S1 and S2 will be located 336 m and 302 m away from the pit/quarry use, respectively. Accordingly, with location of both dwellings being greater than 300 m from any type of pit or quarry, OP policy 5.5.2 which prohibits residential land uses within 300 m of a quarry and 150 m of a pit does not apply.

It is noted that Township OP policy includes the use of specific terminology such as “prohibit”, ”prevent”, “setback”, “influence area”, “residential land use” and “otherincompatible land uses”; and, includes differing applicability criteria. The sketch plan submitted with the applications (Figure 1, below) depict how the

aggregate

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ARA Licensed Site

Type

Operation

Table 1 —ARALicensed Site Characteristics Permitted Final Annual Min. Distance Between Proposed Extraction Depth Production Limit Dwelling and Licensed Boundary

The ARA licensed pit and quarry sites, subject to consideration through the Township and County OP’s, and their relevant general characteristics and minimum separation distances are summarized in Table 1 below:

Relevant Pit and Quarry Technical Details

including the proposed severances, was at one time under ARA Licence as a sand pit. The sand pit operation was terminated in the early 1990’s and it would be reasonable to assume that the aggregate resource in the pit area was depleted through the pit operation. The required rehabilitation was undertaken such that the ARA licence was surrendered (i.e. cancelled) sometime in the mid—1990’s.A review of Aggregate Resources Inventory Paper 187 for Frontenac County (published in 2012 by the Ontario Geological Survey), indicates there to be no mapped aggregate resource on the subject area apart from a thin fringe that extends across the property line from ARA Licence ID 3132.

In addition, the Applicant’s property,

Licencel.

The northern 300 m of the Licence ID 3145 pit/quarry site was recently removed from the licensed area by the Ministry of Natural Resources and Forestry (MNRF),after their review of a request by the ARA Licensee for same. This was achieved on the basis of the subject area having undergone some extraction in the past but there not being the discovery of viable aggregate, in the form of building stone, in the subject area. The area disturbed for extraction was subsequently rehabilitated and the area requested to be removed from the

There is also considered to be no likelihood ofa new extraction operation on or in the vicinity ofthe proposed severances by virtue of the lack of availability of aggregate resource and thehistory of extractive land uses in the area and the resultant depletion of aggregate resource, as explained below.

Of the applicable County OP preclude/hinder policy provisions, i.e. expansion, continued use, public health, public safety, environmental impact, the ”expansion” aspect requiresspecific consideration.‘ For an existing pit or quarry site to undergo an expansion, it means an enlargement in area onto adjacent lands. It is noted that there is no mapped ’MineraI Aggregate’ land use designation in the Township Official Plan around the subject sites and more importantly, between the subject sites and the proposed severances. This OP designation applies to both ARA licensed sites and non-licensed areas where a pit/quarry operation is permitted, subject to issuance of an ARAlicence and a Re-Zoning. Accordingly, there is no formal prioritization or policy planning status of lands adjacent to the subject pit/quarry sites for future pit/quarry use, whether by expansion of the existing ARA licensed sites or an unrelated application for a new extraction site.

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_g/“I

._-a

I “T-”’

‘_‘~__’

V‘

‘m

‘ '

r-—l

I _

-gs

combined “setback” and “influence area” distances.

As indicated in Table 1, the ID 3132 site is an above-water pit operation, and therefore only subject to the Township OP’s 150 m setback distance. The ID 3145 pit/quarry site is subject to the Township OP’s 500 m

‘—

,PL’i3cg5S»R<1__.._—|——

Land Use Compatibility Assessment

Figure 2

Figure 2 below (base—mapfrom MNRF Pits and Quarries Online) shows the two ARA licensed sites (red solid line) within 500 m ofthe S1 and S2 severances (red dashed line).

Page 62 of 102

sides of Princess Road in the immediate vicinity of the proposed severances. The subject homes are within

As indicated on Figure 1 by yellow circles, there is a cluster of several existing homes on the north and south

Land uses between and around the proposed severances and the ARA licensed site are a consideration when assessing the impacts of the extractive use on the proposed residential use, and vice versa.

Effect of Local Land Uses

Accordingly, building stone quarries are considered a niche type of industry and the type of market for building stone products is limited, with the result that production is also limited. Unlike the more common sand pit and crushed stone quarries, which produce high bulk (volume), low unit value materials, building stone quarries produce high unit value, low bulk (volume) materials. The use of hands—onmanual labour is high, and mechanical equipment is relatively limited. No blast related drilling or blasting is required, and no processing in the form of crushing or screening is undertaken. Depth is also limited as the most preferred type of rock is the weathered rock that occurs close to, within a few metres, ofthe surface. As such, a building stone quarry is generally less impactful than a sand/gravel pit operation.

The ID 3145 site is licensed under the ARAas a combined pit/quarry operation, with the licensed area on both sides of Battersea Road. For that part of the site to the north, which is proximal to proposed Severances S1 and 52, both pit and quarry operations are permitted. However, the ARA licence includes a relatively unique condition that specifies no blasting is permitted in this area of the licensed site. With this condition in effect, the quarry operation in the northern part of the site consists ofthe production of building stone. This specific type ofquarry operation produces stone in small blocks or thin slabs, generally used in landscaping, shoreline erosion control, and restoration of historic limestone buildings and structures.

Effect of Site-Specific Operational Factors

For the above reasons, a crushed stone quarry operation is generally more impactful than a sand/gravel pit.

processed in this manner produces crushed stone in a range of sizes as required by the construction sector.

Loaders and/orshovels are used to transfer blast rock from the recently blasted quarry face to portable crushing and screening plants for processing. Blast rock

time ofa blast but this, as for vibrations, is momentary.

bedrock must first be blasted into smaller fragments of rock. This occurs using specialized explosives placed into a grid of holes drilled into the bedrock. Accordingly, with the use of drills and the detonation of blasts, quarry operations result in noise from drilling, and ground vibrations from blasting. There is also noise at the

from the ground itself. Being consolidated material that ishard, heavy, dense andthickly-bedded, limestone

A ’quarry’ operation is commonly one where bedrock, primarily limestone in the Kingston area, is extracted

Page 63 of 102

Amarjit S. Sandhu, BSc.

Pro-Inspect

Date

November 7, 2022

Identi?ed proposed dwelling locations within the proposed severances are located beyond the Township Official Plan prescribed setback distances where proposed residential development is prohibited; Land use compatibility outcomes, negative in nature, are mitigated by virtue of the minimum separation distances, the characteristics of the subject quarry operation, pre—existing regulatory controls, and proximal existing residential development.

Respectfully submitted,

—

The conclusion develops from the following summary considerations:

This professional opinion of the Report author has been reached on the basis of an evaluation of applicable planning policy, knowledge of the subject pit/quarry sites and other local land uses; and, the planning and technical assessments undertaken in accordance with accepted practise and the author’s professional experience and expertise.

This finding is subject to the stipulation that the proposed dwelling locations are as indicated in the application materials submitted to the Township under File No. PL—BDJ-2022-0131and File No. PL-BDJ—20220132. Dwelling locations in the areas identified in the applications will be in accordance with Township Official Plan policy that prohibits residential land uses within 300 metres of an existing quarry and 150 metres of an existing pit above the water table.

ARA licensed sites.

It is the finding of this Mineral Aggregate Land Use Compatibility Report that Township approval of the severance applications will not result in any incompatibility that is not be able to be addressed by the operational characteristics, controls and regulatory framework that currently exist with respect to the subject

Opinion on Compatibility

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-32 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LANDS FROM RURAL (RU) TO RURAL SPECIAL EXCEPTION (RU-70) AND RURAL SPECIAL EXCEPTION (RU-71) ON LANDS DESCRIBED AS 3185 MCGARVEY ROAD PARTS 1 TO 3, PLAN 13R15569, PART LOT 36 AND 37 CONCESSION 7, DISTRICT OF STORRINGTON: BISAILLON AND MARTIN WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.

THAT Schedule “C” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural Special Exception (RU-70) and Rural Special Exception (RU-71) for the lands shown on Schedule “1”.

THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new sections RU-70 (Part Lots 36 and 37, Concession 7, District of Storrington – Bisaillon and Martin) and RU-71 (Part Lots 36 and 37, Concession 7, District of Storrington – Bisaillon and Martin) immediately after the last Rural Special Exception section to read as follows: RU-70 (Part Lots 36 and 37, Concession 7, District of Storrington – Bisaillon and Martin) Notwithstanding the provisions of Section 7 or any other position of this By-law to the contrary, on lands zoned Rural Special Exception (RU-70), the following provisions apply:

Residential land uses shall be permitted to be located a minimum of 300 metres from the existing quarry located in Lot 38, Concession 7, District of Storrington.

All other provisions of this By-law shall apply. RU-71 (Part Lots 36 and 37, Concession 7, District of Storrington – Bisaillon and Martin) Notwithstanding the provisions of Section 7 or any other position of this By-law to the contrary, on lands zoned Rural Special Exception (RU-71), the following provisions apply:

Residential land uses shall be permitted to be located a minimum of 236 metres from the existing quarry located in Lot 38, Concession 7, District of Storrington.

All other provisions of this By-law shall apply.

Page 66 of 102 3.

THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this 18th day of April, 2023. Read a first and second time this 18th day of April, 2023. Read a third time and finally passed this 18th day of April, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

James Thompson, Clerk

Page 67 of 102 Schedule 1 This is Schedule “1” to By-law No. 2023-32

Passed this 18th day of April, 2023

Ron Vandewal, Mayor

James Thompson, Clerk

Proposed Amendment to the Planning Fees By-law (By-law 2019-74)

Tuesday, April 18, 2023 Page 68 of 102

7:00 p.m. Council Meeting

Municipal Comparators

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Municipal Comparators

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Proposed New Planning Fees • Zoning Compliance Review • Natural Heritage Review

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Potential Cost Recovery of Development-Related User Fees

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Questions?

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To: Council Prepared by: Development Services Department Date of Meeting: April 18, 2023 Subject: Proposed Planning Fee Structure

Summary Planning staff completed a review of existing planning fees in effect in South Frontenac. As part of the fees review, research was undertaken to determine fees being charged by both comparable and regional municipalities. Staff recommend amending the current Planning Fees By-law (By-law 2019-74) to better align planning fees with comparable municipalities.

Recommendation That By-law 2023-33 Being A By-Law to Prescribe a Tariff of Fees for the Processing of Applications Made in Respect Of Planning Matters be given first and second reading; and That By-law 2023-33 be given third reading signed and sealed.

Background At the February 21, 2023, meeting of Council, staff presented an initial report regarding the proposed amendment to the current Planning Fees By-law. Council provided comments and questions to staff. As per the Township’s Notice Provision By-law No. 2016-73, Schedule “10” states that before passing a by-law imposing a fee or charge, the municipality shall hold at least one public meeting at which any person who attends has an opportunity to make representation with respect to the matter. A public meeting was held on April 4, 2023, as part of a regular meeting of Council. No public comments were received during the public meeting. No comments have been received from the public or the development community at the time of writing of this report.

Discussion A comparison was completed to assess the impacts of Planning Services on the tax levy compared to other municipalities. A review of Ontario municipalities was completed to determine appropriately sized municipalities with similar population densities. Table 1 provides a comparison of population, area, population density, and staff levels of nine (9) Ontario municipalities including South Frontenac. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 75 of 102 Township of South Frontenac Staff Report - Proposed Planning Fee Structure

Table 1: Comparison table of nine (9) Ontario municipalities. Municipality Bracebridge Huntsville Oro-Medonte Prince Edward Loyalist Township Springwater Township of King Scucog South Frontenac

County District Municipality of Muskoka District Municipality of Muskoka Simcoe County Prince Edward County Lennox & Addington County Simcoe County York Region Durham Region Frontenac County

Population

Area (km2)

Population Density

Development Services Staff

Planning Staff

17,000

615

27.6

21,000

705

29.8

23,000

585

39.3

26,000

1,052

24.7

17,000

352

29*

22,000

535

27,000

332

27**

22,000

474

20,000

950

21.1

5.5

*Includes engineering staff. **Includes By-law Enforcement staff. A comparison of revenues and expenses is provided in Table 2 below. Overall, when compared to similar municipalities, South Frontenac has the lowest revenue. South Frontenac also has a low cost recovery percentage compared to the average of the other municipalities.

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Page 76 of 102 Township of South Frontenac Staff Report - Proposed Planning Fee Structure

Table 2: Comparison of Planning Services data across nine (9) municipalities. Wages

Tax Levy Required

$921,000

$641,000

$581,000

37%

$456,000

$627,000

$502,000

$171,000

73%

2022 Budget

$166,000

$1,174,000

$993,000

$827,000

14%

2022 Budget

$372,000

$950,000

$806,000

$578,000

39%

Loyalist Township

2021 Financial Statement

$320,000

$1,268,000

$933,000

$948,000

25%

Township of King

2022 Budget

$694,000

$1,407,000

$1,194,000

$713,000

49%

Springwater

2022 Budget

$183,000

$476,000

$407,000

$293,000

38%

Scugog

2022 Budget

$791,000

$1,500,000

$1,080,000

$718,000

53%

2022 Actual

$161,000

$612,000

$473,000

$451,000

26%

$415,000

$1,040,000

$820,000

$604,000

41%

Municipality

Bracebridge Huntsville Oro-Medonte Prince Edward

South Frontenac Average (Excluding South Frontenac)

Assumptions

Revenue

Expenses (includes wages)

2022 Budget

$340,000

2022 Budget

Cost Recovery

Review of Planning Fees Planning fee schedules from the above municipalities were reviewed and average fees were calculated for the application types identified in Table 3 below. The average fees calculated between the comparable municipalities are the proposed 2023 planning fees for South Frontenac in Table 3. In general, it was determined that current South Frontenac planning fees are notably lower compared to the average fee calculated for similar sized municipalities.

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Page 77 of 102 Township of South Frontenac Staff Report - Proposed Planning Fee Structure

Table 3: Current and Proposed Planning Fees. Application Type

2023 Planning Fees

Consent Application Zoning By-law Amendment Minor Variance Application Official Plan Amendment Plans of subdivision/Condo Plans of subdivision/Condo – 20 or more units Removal of ‘H’ Symbol Removal of ‘H’ Symbol (Additional Dwelling Units) Site Plan – Commercial, industrial, institutional developments less than 4000 square feet + Site Engineering / Legal Deposit Site Plan – Commercial, industrial, institutional developments equal to or greater than 4000 square feet + Site Engineering / Legal Deposit Road Closing Fee + Legal Deposit Pre-consultation fee

$1,043 $1,964 $1,096 $2,335 $2,123 $3,185 $744

Proposed 2023 Planning Fees $1,347 $1,964 $1,230 $2,806 $2,978 $3,583 $965 $110

$1,328 + $1,000

$2,506 + $2,000

$1,992 + $1,000

$3,300 + $2,000

$532+ $3,000 $108 *Waived currently due to pandemic

$962 + $3,500 $150 (minor variances and consents) $400 (for other planning applications as per preconsultation by-law) $373 $431 $982 $123 ($252 within 48 hours) $1,775 $1,775 $373

Licence Agreement Deeming By-law Part Lot Control By-law Zoning Compliance Letter

$373 $426 $765 $97

Preparation of Condominium agreement Preparation of Subdivision agreement Preparation of Development agreement

$532 $532 $267

Reinstatement of Pre-consultation Fees Due to the COVID-19 pandemic, pre-consultation meetings were held virtually. The only payment collection method was cheque, so staff waived this $108 fee requirement. The preconsultation fee could be applied to a future planning application received within 6 months. Therefore, there was no direct revenue impact from this administrative change. Since the pandemic, Development Services has diversified payment collection methods, including online payment. Staff recommend reinstatement of pre-consultation fees, however, recommend a non-refundable fee based on a review of comparable municipalities. A tiered approach is recommended with a pre-consultation fee of $150 for consents and minor www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 78 of 102 Township of South Frontenac Staff Report - Proposed Planning Fee Structure

variances, and $400. for official plan amendments, zoning by-law amendments, and plans of condominium/subdivision. The non-refundable fee provides cost recovery of staff time. It is proposed that a higher pre-consultation fee be charged for official plan amendments, zoning by-law amendments, and plans of subdivisions/condominiums as this is in-line with similar municipalities due to the complexity and increased staff time required. Staff will bring an amended pre-consultation by-law to Council for consideration in early 2023 to address Bill 109, OPA No. 24, and to better describe the process and requirements for applicants. Proposed New Planning Application Fees Zoning Compliance Review for Building Permit Applications To streamline the building permit approval process, it is recommended that a zoning compliance review be completed by planning staff instead of the building inspectors. One planning staff would be responsible for zoning compliance review, which would reduce errors in zoning interpretation. Staff recommend that a zoning compliance review fee be added to building permit applications to cover the cost of this service. Currently, each building inspector completes a zoning review as part of the approval process. If any issues are identified, the building inspector notifies the applicant that a planning application is required. However, at this stage, the building permit has been submitted and the applicant often assumes that a building permit will be issued shortly. Requiring a zoning compliance review reduces confusion and identifies planning application requirements early in the building permit application process. The zoning compliance review would need to occur before the building permit application is submitted. Currently, the zoning compliance review does not occur until after the building permit application is deemed complete and is passed on to the building inspector. The zoning review would result in zoning approval and a zoning certificate that would be issued for the development proposal. Other municipalities that have adopted a “Planning First” process charge a fee and provide a zoning certificate. If a site plan that was reviewed and approved for zoning purposes is brought back and submitted with a building permit application within the 12 months, it would then form part of a complete application as per the Ontario Building Code and applicable law compliance. Other municipalities that have adopted a “Planning First” process include Aurora, Guelph, East Gwillimbury, and Hamilton. A separate fee would be charged for this review at $110 based on comparators. As this review was already taking place through the building permit process and was incorporated within those fees, the $110 would be offset from the calculated building permit fee however this revenue would now reside under planning fees rather than building fees. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 79 of 102 Township of South Frontenac Staff Report - Proposed Planning Fee Structure

With a proposed zoning compliance review fee of $110, and an estimated 550 building permit applications per year, it is estimated that the zoning compliance review fees would result in revenues of $60,500. Natural Heritage Policy Review Under Bill 23, conservation authorities will no longer be able to review applications regarding natural heritage and water resource impacts even though they have service agreements with the Township. The Township will need to assume the lead role for these reviews. As part of the planning approval process, conservation authorities have set fee schedules that are billed directly to applicants. With approximately 110 planning applications per year requiring conservation authority review, and a flat fee of $425 per application, this results in a total revenue stream of $46,750 per year that is currently billed directly to the applicant. It is estimated that the fees for service of natural heritage review only would be approximately $15,000 - $20,000 per year. This is only one component of the several services that conservation authorities provide under the $425 flat fee. Currently, staff is recommending adding a natural heritage policy review fee of $175 to cover staff time to undertake a review of natural heritage policies. It should be noted that this does not cover the technical review of Environmental Impact Assessments, which was a service provided by conservation authorities before Bill 23. This is an additional technical review provided by conservation authorities. At this time, staff recommend outsourcing this requirement to an environmental consultant, at the expense of the applicant (e.g. peer review). The proposed natural heritage planning review fee has been determined based on discussions with conservation authority partners. Currently, staff is recommending internal natural heritage review due to the subject matter expertise of current staff and potential to train junior staff. Otherwise, the natural heritage review would need to be outsourced either through the County or through a consultant. A separate staff report is included within tonight’s agenda which provides for the staffing capacity to take on the natural heritage and zoning compliance review. Other New 2023 Planning Fees A review of other comparable municipalities indicates several work items that municipalities list as set fees that are not currently listed on the South Frontenac fee schedule. Examples include: • • •

Lifting of 0.3 metre Reserve Draft plan approval extension Preparation of Pre-Servicing Agreement www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 80 of 102 Township of South Frontenac Staff Report - Proposed Planning Fee Structure

• • • • • • • • • • •

Preparation of Model Home Agreement Final Design Review – Condominium/Subdivision Telecommunications Tower Review Public Sign posting on behalf of applicant Property Information Search File Search Fee MDS Re-Calculation Temporary Use By-law Site Plan Agreement Modification Public Notice Recirculation Request for Security Reduction/Release

Staff recommend adding the above items to the fees schedule (as shown in Table 4 below). Most work items listed above are infrequent, but without listing in the fees schedule, staff are unable to recover costs. Some fees such as Property Information Search were waived during the pandemic, and it is recommended that these fees be reinstated. Table 4. Proposed New 2023 Planning Fees.

Application Type

2023 Fees

Preliminary Zoning Review Natural Heritage review Lifting of 0.3 m Reserve Draft plan approval extension Preparation of Pre-servicing agreement Preparation of Model Home agreement Final Design Review – Condo/Subdivision Telecommunications Tower review Sign Posting Property Information Search File Search Fee MDS Re-Calculation Temporary Use By-Law Site Plan Agreement Modification Public notice re-circulation (due to amended application, etc.) Request for Security Reduction/Release

No set fee No set fee No set fee No set fee No set fee No set fee No set fee No set fee No set fee No set fee No set fee No set fee No set fee No set fee No set fee No set fee

Proposed 2023 Planning Fees $110 $175 $1,223 $1,311 $1,775 $1,775 $235 $1,886 $157 $87 $87 $140 $1,200 $1,000 $100 $400

Discussion Staff conducted a review of all development-related user fees. Based on current user fees, the Township recovers 24% of costs related to the processing of development-related applications (see Table 5 below). The resulting shortfall is currently absorbed by the Township’s property tax base. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 81 of 102 Township of South Frontenac Staff Report - Proposed Planning Fee Structure

Table 5. Existing and Potential Cost Recovery of Development-Related User Fees. Annual Costs

Annual Revenue

Estimated Cost Recovery

Impact on Property Tax Base

Current Planning Fees/Costs

$737,958

$175,000

24%

$562,958

Revised Proposed Planning Fees Change in Costs – Staffing*

+$79,300

+128,000

Net

$817,258*

$303,000

37%

$514,258

2023 Budget

*Adjusted Planning Assistant to Planning Coordinator and one additional planning staff (1.0 FTE – Planning Clerk) budgeted due to addition of zoning compliance review and natural heritage planning review. Fee changes are recommended for many planning fee application categories. Additional categories are proposed to cover other processes that staff may undertake. These changes improve the Township’s cost recovery from user fees up to 37% and would result in a net reduction in costs on the property tax base by $48,700. This is broken down as $128,000 from new fees less anticipated staffing changes. As described above, potential new fees contribute to an estimated annual revenue of $303,000. This is a result of the following fees: • • • •

Pre-consultation fees are estimated to increase revenue by $23,000. Zoning compliance review fees are estimated to increase revenue by $60,500. Natural heritage review fees are estimated to increase revenue by $20,000. Increasing most planning fees are estimated to increase revenue by $24,500.

Fee Recommendations Analysis: Development Impact Scenarios An important aspect of the fees review is understanding how the proposed fee changes impact the overall costs of a development project and to confirm that there would not be negative impacts to development in the Township. A trusted approach to analyze impacts on development is using samples of development application types and analyzing all the municipal fees these applications would be subject to (i.e. planning, building permit, and development charges fees). This method is the preferred www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 82 of 102 Township of South Frontenac Staff Report - Proposed Planning Fee Structure

approach to understanding the relative market position of the proposed fees. Scenarios 1, 2, and 3 are provided below to illustrate the potential financial impacts of the proposed update to the fees schedule. Scenario 1: A building permit of a new single-family residence. The development application fees applied in this scenario would include the following listed in Table 6. Table 6. Analysis of impact of zoning compliance review fee on total project costs. Municipal fees Estimated 2022 fees Estimated 2023 fees with proposed preliminary zoning review fee Zoning Compliance review fee Building permit fees Development Charges Fees Total development application fees Total fee change (%)

No fee

$110

$8,941 $13,529 $22,470

$8,831 $13,529 $22,470

0.0 %

Scenario 2: A consent application (severance) to permit new residential construction. The development application fees applied in this scenario would include the following listed in Table 7. Table 7. Analysis of impact of proposed planning fees on total project costs. Municipal fees Estimated 2022 fees Estimated 2023 fees with proposed new fees Pre-consultation fee Waived due to pandemic $150 Consent application $1,043 $1,347 Natural heritage review $175* $175 Development agreement $267 $373 Zoning Compliance review $110 fee Building permit fees $8,941 $8,831 Development Charges fees $13,529 $13,529 Total development $24,030 $24,515 application fees Total fee change (%) 2.0% **No net change to applicant as fees are shifted from being received by the conservation authority to the Township.

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Page 83 of 102 Township of South Frontenac Staff Report - Proposed Planning Fee Structure

Scenario 3: A plan of subdivision application to permit twenty (20) new residential singlefamily homes. The development application fees applied in this scenario would include the following listed in Table 8. Table 8. Analysis of impact of proposed planning fees on total project costs (subdivision). Municipal fees Estimated 2022 fees Estimated 2023 fees with proposed new fees Pre-consultation fee Waived due to pandemic $400 Plan of subdivision fee $3,185 $3,583 Natural heritage review $175* $175 Subdivision agreement $532 $1,775 Zoning compliance review $2,200 Building permit fees $178,820 $176,620 Development Charges fees $270,580 $270,580 Total development $453,292 $455,333 application fees Total fee change (%) 0.45% **No net change to applicant as fees are shifted from being received by the conservation authority to the Township. Based on Scenarios 1, 2, and 3 above, the proposed planning fees result in an overall increase of 0%, 2.0% and 0.45% for the entire development approval process. The 0%, 2.0%, and 0.45% increases are not anticipated to cause a negative financial impact to the development community.

Notice Requirements As directed by Council on February 21, 2023, staff provided notice to allow for Council to hold a public meeting on April 4, 2023, in order to seek comment from the public regarding amendments to By-law 2019-74 Being a By-law To Prescribe A Tariff Of Fees For The Processing Of Applications Made In Respect Of Planning Matters. By-law 2016-73, a By-law to Prescribe The Form And Manner And Times For The Provision Of Notice outlines the notice requirement to amend the current Planning Fees By-law (Bylaw 2019-74). Specifically, a full notice shall be published at least four weeks in advance of the meeting on the Township website. Additionally, a summary of the Notice shall be published in the weekly banner advertising directing readers to the website four weeks in advance of the meeting. A subsequent notice shall be published one week in advance of the meeting. Public notice was published in the Frontenac News during the weeks of March 6th, 2023, to March 27th, 2023.

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Page 84 of 102 Township of South Frontenac Staff Report - Proposed Planning Fee Structure

Public Comments A public meeting was held on April 4, 2023, as part of a regular meeting of Council. No public comments were received during the public meeting. No comments have been received from the public or the development community at the time of writing of this report.

Financial Implications Adjusting planning fees to be more in-line with comparable municipalities and adding new fees to cover activities undertaken by planning staff in response to public/developer demands means a greater proportion of the cost of staff time can be recovered from the user of these services. Increasing planning fees takes the burden off of the average tax payer in order to provide these services.

Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •

Priority: 3. Ensure the organizational capacity to deliver cost-effective services in a changing world.

Action Item: Reviewing planning fees ensures that where possible that staff time and resources are being recovered on a cost recovery basis.

Notice/Consultation • • • • •

Michelle Hannah, Planning Assistant Tom Fehr, Planner Christine Woods, Senior Planner Rebecca Roy, Deputy Chief Building Official Tom Berriault, Chief Building Official

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Page 85 of 102 Township of South Frontenac Staff Report - Proposed Planning Fee Structure

Attachments 1.

By-law 2023-33 Being A By-Law to Prescribe a Tariff of Fees for the Processing of Applications Made in Respect of Planning Matters

Approvals Prepared and Submitted By:

Brad Wright Director of Development Services Approved By:

Louise Fragnito, CPA, CGA Chief Administrative Officer

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Page 86 of 102

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-33 BEING A BY-LAW TO PRESCRIBE A TARIFF OF FEES FOR THE PROCESSING OF APPLICATIONS MADE IN RESPECT OF PLANNING MATTERS WHEREAS, section 69.1(1) of the Planning Act, R.S.O. 1990, provides that the council of a municipality, by by-law, may establish a tariff of fees for the processing of applications made in respect of planning matters, which tariff shall be designed to meet only the anticipated costs to the municipality or to a Committee of Adjustment constituted by the council of the municipality in respect of the processing of each type of application provided for in the application. AND WHEREAS the Council of the Corporation of the Township of South Frontenac deems it expedient to ensure that staff time involved in reviewing and processing development applications is properly accounted for in the tariff of fees associated with the processing of planning applications; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.

THAT Schedule “A”, attached hereto, and by this reference, shall form part of By-law 2023-33.

THAT all other by-laws establishing fees for the processing of planning applications are hereby repealed.

THIS BY-LAW shall come into force in accordance with section 69.1 of the Planning Act, R.S.O. 1990, either upon the date of passage or as otherwise provided by said section 69.1. Dated at the Township of South Frontenac this 18th day of April, 2023. Read a first and second time this 18th day of April, 2023. Read a third time and finally passed this 18th day of April, 2023. The Corporation of the Township of South Frontenac

Ron Vandewal, Mayor

James Thompson, Clerk

Page 87 of 102

SCHEDULE “A” TO BY-LAW 2023-33 PLANNING FEE STRUCTURE Application Type

Fee Schedule

Pre-consultation fee: Minor variances and Consents (pre-consultation fee) Zoning By-law amendments, Official Plan Amendments, Plan of subdivision/condominium (pre-consultation fee) Consent Application: Change of conditions - minor Change of conditions – major (requiring recirculation) Zoning By-law Amendment: After building without a permit Minor Variance Application: Applications requiring extra work (4+ variances) After building without a permit Site Plan Agreement: Site Plan – Commercial, industrial, institutional developments less than 4000 square feet + Site Engineering / Legal Deposit Site Plan – Commercial, industrial, institutional developments equal to or greater than 4000 square feet + Site Engineering / Legal Deposit Official Plan Amendment Plan of subdivision/condominium: Plan of subdivision/condominium – less than 20 units Plan of subdivision/condominium – more than 20 units Change of condition following Draft Plan Approval Draft Plan Extension Final Design Review Removal of ‘H’ Symbol Removal of ‘H’ Symbol (Additional Dwelling Units) Road Allowance Closing Licence Agreement Lifting of 0.3 metre reserve Deeming By-law Part Lot Control By-law Preparation of Condominium agreement Preparation of Subdivision agreement Preparation of Pre-servicing agreement Preparation of Model Home agreement Preparation of Development agreement Calculation of MDS Calculation of MDS (recalculation) Zoning: Zoning Compliance Review Zoning Compliance Review – Drawing revisions Zoning Compliance Letter Zoning Compliance Letter (within 48 hours) Natural Heritage Review Telecommunications Tower review Sign Posting Property Information Search File Search Fee Temporary Use By-Law Site Plan Modification Public notice re-circulation (due to amended application, etc.) Request for Security Reduction/Release

Fee

Engineering and Legal Deposit $150 $400 $1,347 $320 $560 $1,964 $3,700 $1,230 $1,445 $2,206 $2,506

$2,000

$3,300

$2,000

$2,806 $2,978 $3,583 $1,200 $1,311 $235 $965 $110 $962 $373 $1,223 $431 $982 $1,775 $1,775 $1,775 $1,775 $373 $275 $140 $110 $55 $123 $252 $175 $1,886 $157 $87 $87 $1,200 $1,000 $100 $400

$3,500 $5,000

$3,500

Page 88 of 102

To: Council Prepared by: Corporate Services Department Date of Meeting: April 18, 2023 Subject: 2022 Development Charges Reporting

Summary The report provides a summary of the 2022 Development Charges Reserve including the allocation of funds collected and spent.

Recommendation

This report is for information.

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. The attached 2022 Development Charges report meets all legislated reporting requirements.

Discussion/Analysis The 2022 development charges reserves had an opening balance of $2,907,787.58. Revenues from residential development charges were $874,059.14 and commercial/ industrial revenues were $179,378.70. The percentage allocation of these revenues is based on by-law 2019-48. Interest of $7,428.96 was allocated to the reserve and $788,193.76 was spent on Capital projects bringing the year-end balance to $3,180,460.62. The Capital projects where Development charges were allocated were: Verona Master Plan Recreation Master Plan Station 8-New Firehall Westport Road

$ 10,302 $ 6,289 $ 397,800 $ 373,803

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Page 89 of 102 Township of South Frontenac Staff Report - 2022 Development Charges Reporting

Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •

Priority: Choose an item.

Attachments 2022 Development Charges Annual Report

Approvals Submitted By:

Shelley Stedall, AMCT Director of Corporate Services & Treasurer Approved By:

Louise Fragnito, CPA, CGA Chief Administrative Officer

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SOUTH FRONTENAC TOWNSHIP DECEMBER 31 2022

Development Charge Reserve Fund - 2022 allocated per provisions of former & current by-laws BALANCE AT BEGINNING OF YEAR

New By-Law Developer Contributions %

Commercial & Industrial Developer Contributions %

874,059.14

General Government Fire Services Recreation Engineering Services - Studies Community Based Studies Landfill Public Works-Roads, Bridges and Equipment Library Police Sub-total

Subtotal

179,378.70

13,881.96 190,086.30 210,489.68 12,785.02 -110.03 7,134.71

10.892% 10.562% 0.895% 2.334%

0.00 95,202.53 92,318.13 7,822.83 20,400.54

2.28% 8.81%

2,188,131.30 83,858.88 201,529.76 2,907,787.58

73.068% 0.757% 1.492% 100.000%

638,657.53 6,616.63 13,040.96 874,059.15

83.55% 5.36% 100.000%

4,089.83 15,803.26 0.00

149,870.90 0.00 9,614.70 179,378.69

Interest

Transfers to Revenue & Capital Fund

BALANCE AT END OF YEAR

7,428.96

17,971.79 301,092.09 302,807.81 20,607.85 20,290.51 7,134.71

33.70 564.67 567.89 38.65 38.05 13.38

2,976,659.73 90,475.51 224,185.42 3,961,225.42

5,582.50 169.68 420.44 7,428.96

-397,800.00 -6,288.77 -10,301.72

-373,803.27

-788,193.76

18,005.49 -96,143.24 297,086.93 20,646.50 10,026.84 7,148.09 2,608,438.96 90,645.19 224,605.86 3,180,460.62

Breakdown of asset(s) funded from Development Charges

Verona Master Plan Recreation Master Plan Station 8 - New Firehall Westport Road

2022 Project Development Costs Charges 10,302 10,302 6,289 6,289 2,686,609 397,800 772,783 373,803 788,194

Federal Gas Tax 0 0 0

Other Reserves 0 0 2,288,809

Taxation 0 0 0 400,000

Page 90 of 102

Page 91 of 102

CIry COUNCIL RESOLUTION Regular Council Meeting Agenda Number:

9.2.

Title:

Support for Bill 5 - Stopping Harassment and Abuse by Local Leaders Act

Date:

Tuesday, February 21, 2023

Moved by:

Councillor A. Caputo

Seconded by:

Councillor L. Vezeau-Allen

Whereas municipally elected leaders do not have an appropriate accountability structure when it comes to perpetrating violence and harassment in the workplace; and politics Whereas a fundamental, underlying principle of broadening diversity, equity and inclusion in rests on the assumption that the workplace is safe; and Whereas Bill 5, the Sfopp ing Harassment and Abuse by Locat Leaders Acf would require Councillors to permit comply with the workplace uiolence and harassment policies of the municipality they represent, municipalities to direct the lntegrity Commissioner to apply to the court to vacate a member’s seat for failing io comply with the municipality’s workplace violence and harassment policies as well as restrict officials whose seat has been vacated from seeking immediate subsequent re-election; and Whereas over 20 municipalities have formally endorsed and communicated public support for Bill 5; and

Whereas Bill 5 would both hold accountable and protect all municipal officials; Now Therefore Be lt Resolved that Sault Ste. Marie City Council express its support for Bill 5, Harassment and Abuse by Local Leaders Act;

Stopping

Further that this resolution be circulated to the Hon. Doug Ford, Premier of Ontario, Ross Romano, Mpp for Sault Ste. Marie, the Association of Municipalities of Ontario, and MPP Stephen Blais (Orleans).

Canied

Matthew Shoemaker

Page 92 of 102

An Overview for Bill 5*: The Stopping Harassment and Abuse by Local Leaders Act The Issue at Hand Municipally elected leaders do not have an appropriate accountability structure when it comes to perpetrating violence and harassment in the workplace. In fact, if a claim of egregious (the most severe) harassment is substantiated; the maximum penalty that can be imposed is three months without pay. But the councillor can retain their position, return to the workplace and seek re-election. This differs from any other workplace in the province, where not only are workplaces mandated to have violence and harassment in the workplace policies (Bill 168), these policies outline consequences for egregious violation which includes termination.

Why this Bill is so important The Bill was introduced as a private members bill, as a response to a sitting councillor in Ottawa who was able to seek re-election, even with outstanding claims of egregious sexual harassment (investigation by the integrity Commissioner was underway). Other instances of councillors perpetrating harassment include Brampton, Barrie and Mississauga. Since this advocacy effort has started, there are further instances cited in many other municipalities across the province of Ontario.

What will the Bill do? The Bill has three primary components:

Require councillors to comply with the workplace violence and harassment policies of the municipality they represent.
Permit municipalities to direct the Integrity Commissioner to apply to the court to vacate a member’s seat for failing to comply with the municipality’s workplace violence and harassment policies.
Restrict councillors–whose seat has been vacated–from seeking immediate subsequent re-election.

The Consequences of Doing Nothing When councillors are able to perpetrate harassment without being held to account, a toxic message is sent to the community. It means that as an elected official:

You are immune to the communal standards of treatment we have come to expect from the population at large, and;
You can abuse your power, unchecked, and continue to have the privilege of serving the population that elected you. A fundamental, underlying principle of broadening diversity, equity and inclusion in politics rests on the assumption that the workplace is SAFE. This is currently not the case. As such, despite the most recent municipal elections in October, 2022, councillors currently can perpetrate the most egregious acts of harassment and keep their jobs. This has an immeasurably negative impact on communities.
Community members and/or municipal staff may not feel safe meeting with their local ward councillor.
If a person is harassed, they may not see the point of filing a complaint with the Integrity Commissioner–if suitable action cannot be taken.
There is no deterrent for councillors when it comes to perpetrating harassment when they know they can still keep their job.
It stifles diversity of voice at the local decision making table–when personal safety is at risk, quality people may be detered from seeking election.
When councillors who have perpetrated harassment to staff or fellow councillors can retain their position, no matter how serious, it creates and protects toxic workplaces, which in turn has an adverse effect on mental health in the workplace and throughout the community.

To learn more check out:

thewomenofontariosayno.com

In reference to Bill 5, once passed, it will be applicable to ALL municipalities in Ontario at the same time.

Page 93 of 102

Lack of accountability supports current systems of privilege and immunity of a certain segment of the population, which is not optimal for healthy communities.
It sends the message that if you have power, you are different, and superior to the average citizen.

History of the Bill Private Members’ Bills do not often get passed. They usually deal with an issue of public interest. In this instance, the Bill has received all party support. It was introduced as Bill 260, then the legislature was prorogued when the Federal Election was called. It was then reintroduced as Bill 10, but died when the provincial election was called. It has since been introduced as Bill 5 and it is slated for its second reading in May, 2023. This Bill needs support from every avenue to become law.

The Bill will amend:

Municipal Act, 2001
The City of Toronto Act, 2006

How you can help:

Share, Like and Follow on Social Media: @womenofontariosayno.
Deliver a presentation to a municipal council in Ontario requesting support (materials provided). This is a unique approach to advocacy, but is appropriate to approach local councils, as it is their workplace.
Provide social media content- send us a video as to why you or your organization/business supports Bill 5. Better yet–capture the reaction of those who are unaware of this gap in legislation and see if they are comfortable providing their reaction on a video or a quote. It is hard to believe we need to advocate for this.
Showcase your organization or community groups’ logo on our website to add credibility and legitimacy to the advocacy effort.
Meet, write, or call your local MPP and express that this legislation matters to you, your organization, and their constituents in the community.
Share information with your networks.
Email the Ontario Human Rights Commission and request a public inquiry into the issue: legal@ohrc.on.ca
Make a financial contribution to ensure this never happens to another person in any community in Ontario ever again. Check out the gofundme page to help support a full-time advocate to speak with all MPPs in the province. www.gofundme.com/f/basic-human-rights-in-ontario
Feel empowered to have the hard conversations. So much of grassroots change occurs at our dinner table, speaking with a neighbour, or your local councillor. Start talking about the issue. Express the change you want to see and never feel ashamed to advocate for basic human rights. We often feel we have to be experts in legislation to advocate for it. We are all experts in how we want to be treated. Let this be your guide.

Be part of the change Make sure your municipality is in support! Below is a growing list of municipalities since September 2022 that have formally endorsed and communicated public support for Bill 5: • Town of Collingwood • Town of AdjalaTosorontio • Township of Ramara • Town of Midland • Township of Oro- Medonte • City of Woodstock • Town of New Tecumseth • Essa Township • Township of Clearview • City of Barrie • Township of Springwater

• City of Ottawa • Town of Wasaga Beach • Township of Tiny • Town of Bradford West Gwillimbury • Town of Penetanguishene • Township of the Archipelogo • City of Orillia • Town of Midland • City of London • Municipality of Kincardine • City of Kenora

To learn more check out:

thewomenofontariosayno.com

In reference to Bill 5, once passed, it will be applicable to ALL municipalities in Ontario at the same time.

Page 94 of 102

To: Council Prepared by: Office of the Clerk Date of Meeting: April 18, 2023 Subject:

Notice of Motion – Proposed Reconsideration of Award of Tender # PS-2023-11 – Pavement Marking Program

Summary Deputy Mayor Sleeth filed a notice of motion requesting that Council give consideration to a motion of reconsideration regarding the second clause of Resolution 2023-17-10 in relation to the 2023 Pavement Marking Program.

Recommendation That Council reconsider the second clause of Resolution Number 2023-17-10, approved at the April 4, 2023 meeting of Council, which reads as follows: “Moved by Councillor Roberts Seconded by Councillor Ruttan That Council accept the bid from Provincial Road Markings Inc. in the amount of $260,507.63 (net of HST credits) for the 2023 Pavement Marking Program; and That Council direct staff to harmonize service levels for centerline painting on low volume urban and low volume rural roads consistent with the provincial guideline.”

Background At the April 4, 2023, Council meeting, Deputy Mayor Sleeth served a notice of motion requesting that Council give consideration to a motion of reconsideration regarding the second clause of Resolution 2023-17-10 in relation to the 202 3Pavement Marking Program.

Discussion/Analysis The Council Procedural By-law 2017-76, As Amended outlines the process regarding the procedural administration of a Notice of Motion.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 95 of 102 Township of South Frontenac Staff Report - Notice of Motion – Proposed Reconsideration of Award of Tender # PS-2023-11 – Pavement Marking Program

A notice of motion requires that the motion be seconded at the next regular Council meeting. If seconded, the motion is debated and voted on. In this instance as the motion relates to a motion of reconsideration, the motion would require support from a two thirds majority of members of Council present, to be approved. Furthermore, the Council Procedure By-law defines the process associated with a motion of reconsideration. By-law 2017-76, As Amended, states as follows: “If a member who voted on the prevailing side presents a motion for reconsideration at a subsequent meeting, the motion must be preceded by a notice of motion. At the subsequent meeting, the motion to reconsider follows the same process, as noted above. It will require a two thirds majority vote of the members present to carry. If the motion to reconsider receives a seconder, the motion for reconsideration shall be open to debate and voted upon. The motion will require the votes of two thirds of members present to pass. If adopted, the motion to reconsider temporarily nullifies the previous decision. The main motion originally voted on is again pending. The motion may now be amended or considered as moved and voted upon. If Council approves a motion to reconsider, the reconsideration will become the next order of business, unless the motion calls for a future definite date. Debate on the matter shall proceed as though it had not been previously voted upon. The debate must be confined to reasons for or against reconsideration only.” Should the Notice of Motion (motion of reconsideration) be approved, staff are requesting that further discussion on the harmonizing of service levels for centerline painting in the 2023 Pavement Marking Program be deferred to the May 2, 2023 meeting of Council.

Financial Implications See Exhibit A.

Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •

Priority: Choose an item. Action Item (if applicable): N/A

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 96 of 102 Township of South Frontenac Staff Report - Notice of Motion – Proposed Reconsideration of Award of Tender # PS-2023-11 – Pavement Marking Program

Attachments Exhibit A - Award of Tender # PS-2023-11 – Pavement Marking Program Report

Approvals Submitted By:

James Thompson Clerk Approved By:

Louise Fragnito, CPA, CGA Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 97 of 102

To: Council Prepared by: Public Services Department Date of Meeting: April 4, 2023 Subject: Award of Tender # PS-2023-11 – Pavement Marking Program

Summary This report provides a recommendation for the award of contract for the 2023 Pavement Marking Program

Recommendation That Council accept the bid from Provincial Road Markings Inc. in the amount of $260,507.63 (net of HST credits) for the 2023 Pavement Marking Program; and That Council direct staff to harmonize service levels for centerline painting on low volume urban and low volume rural roads consistent with the provincial guideline.

Background During the spring of each year, the Township utilizes contracted services support for the placement of roadway painting services across the municipality. These pavement markings and delineations are required to provide an important information and guidance for drivers and other road users. Markings also provide drivers with a preview of upcoming changes in a roadway, including curves, lane drops, lane restrictions, intersections, crosswalks and the beginning and end of passing zones. Pavement markings are also used for the identification of railway crossings, pedestrian crossings, parking, accessible markings and for the efficient management of off-street parking areas. Road markings often supplement other traffic control devices, such as signs and signals. In Ontario, the guidance for consistent pavement markings is provided through the Ontario Traffic Manual Book 11 – Pavement, Hazard and Delineation Markings (March 2000). On February 9th, 2023, the Township released a joint tender with North Frontenac and Central Frontenac for the Multi-Year Pavement Marking Program and advertised on the Township’s website. This tender was issued for the 2023 year and included an option for two single year extensions. On March 1st, 2023, the tender closed with a total of five (5) tender submissions were received. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 98 of 102 Township of South Frontenac Staff Report - Award of Tender # PS-2023-11 – Pavement Marking Program

The results of the tender bids were as follows:

Vendor 956205 Ontario Inc. o/a Online Pavement Markings and Maintenance

Total (Inc. Net HST Rebate) $276,397.66

Almon Equipment Ltd.

$304,576.74

Provincial Road Markings Inc.

$260,507.63

Trillium Pavement Marking

$305,926.53

Upper Canada Road Services Inc.

$434,054.22

All of the tenders were subsequently found to be complete and in compliance with the requirements of the procurement bylaw.

Discussion/Analysis Staff completed a detailed review of the Provincial Road Markings Inc. bid and found their tender bid to be fully compliant. Roadway painting prices across the Eastern Ontario Region have seen significant price increases in 2023 and in many cases prices adjacent counties and lower tier municipalities are reporting an increase of 20 – 22% in service costs over the previous years pricing. Cost increases in traffic paints and reflective glass beads used in the application process are being cited as a major driver behind these increases. Locally, the Township has benefitted from very competitive pricing under the previous fouryear contract (2019-2022) and this year’s bid submission will see program costs soar well above inflation once all forms of markings and symbols are factored in. Going forward, the Township has several options to consider: Option 1 – Reject all bids (not recommended) Under the terms of the tender call, the municipality has the right to reject all bids, however a review of the bid outcomes with adjacent counties and lower tier municipalities suggests that the tender process has yielded competitive pricing that is reflective of the current market rates. If all bids are rejected, the municipality is unlikely to access any new servicing alternatives. The municipality would also be unlikely to see any improved cost outcomes. This option is therefore not recommended. Option 2 – Award the low bid price at full cost (not recommended) The current low bid submission (net of HST credits) is currently $260,507 which is $82,507 over the Township’s approved new operating budget of $178,000 for this activity. It is staffs view that adjusting the operating budget to perform the status quo is not likely www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 99 of 102 Township of South Frontenac Staff Report - Award of Tender # PS-2023-11 – Pavement Marking Program

considered a sustainable approach over the longer term. This approach is therefore not recommended. Option 3 – Award the low bid with reduced quantities (recommended) The Ontario Traffic Manual Book 11 – Pavement, Hazard and Delineation Markings (March 2000) sets the guidelines for consistent application and use of pavement markings across the province. One of the largest costs under the Township’s current contract are highway centerlines (yellow) which make up about 60% of our program costs. It is apparent from the Ontario guidelines that South Frontenac’s application of centerline painting has historically exceeded the provincial guidelines for low volume roadways in urban areas and low volume rural roads. A copy of the guidelines are summarized in Table 1 below. Table 1 – Book 11 – Directional Dividing Lines (Criteria for Use) Low Volume Local Roadways in Urban Areas

Two lane, urban roadways which do not fulfill an arterial function, and which have a two-way peak hour volume of less than 500 vehicles may not require a continuous directional dividing line.

Low Volume, Rural Roads

Along their entire length, if 6m wide or more, and carrying a two-way peak hour volume of 200 vehicles or more. Along their entire length, if 5.5m to 6m wide, and carrying a two-way peak hour volume of 100 vehicles or more. Along their entire length, if 5m to 5.5m wide, and carrying a two-way peak hour volume of 50 vehicles or more. Continuous in any area with heavy night traffic or tourist traffic Rural roadways, which based on width, do not exceed the volume thresholds outlined above, and which do not exhibit the collision, traffic or climactic conditions outlined need only be marked as specific roadway features.

Under the terms of the contract, the municipality reserves the right to make future changes in the quantity of longitudinal or transverse pavement marking in the schedule of items and prices. The terms governing the addition or deletion of work is governed under the general conditions of contract which are based on the Ontario Provincial Standards and Specifications Municipal Series (Nov 2019). Staff are recommending that the Township adjust the level of service for line painting activities locally. More specifically, it is recommended that centerline painting be suspended on select roads that do not meet the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 100 of 102 Township of South Frontenac Staff Report - Award of Tender # PS-2023-11 – Pavement Marking Program

provincial criteria outlined in Table 1. In order to make gradual adjustments, staff are recommending that service levels changes be initiated through a staged approach, focusing on low volume urban roads and low volume rural roads (AADT of 200 or less). Such changes would be initiated through change order under the new contract. This approach is expected to yield a minimum of $25,000 in savings. Under this approach, an additional $58,000 would be required to fund the remaining program.

Financial Implications The 2023 Operating Budget has an approved budget of $178,000 for line painting this year and falls well short of the low bid of $260,507. If Option 3 is pursued, the Township will require an additional $58,000 to fund this program that will be covered in the Public Services operating budget. Off-setting savings will otherwise be explored within the transportation budget to limit these increases. The department will report back to Council later in the year if a short fall is expected in the operating budget.

Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •

Priority: Choose an item. Action Item (if applicable):

Climate Considerations Line painting activities locally will utilize water-borne paint solutions that are considered to have less environmental impact compared to alkyd-based paint alternatives that were heavily used in the industry in the past. Paints are applied on highways by large service trucks that are diesel powered and are often accompanied by additional smaller passenger pilot vehicles to direct traffic and/or provide additional crew support for roadway marking. Smaller walk behind paint machines used to paint symbols, stop bars and lines in parking lots have small gas-powered engines used to power compressed air systems supporting the spray application process. Overall line painting activities are essential to support safe and efficient traffic operations however the activity does generate greenhouse gas emissions as part of the process. Municipalities that are looking to reduce environmental impacts (paint) and/or GHG impacts should therefore consider reduction in painting activities where provincial guidelines allow. ☐ Not applicable to this report.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 101 of 102 Township of South Frontenac Staff Report - Award of Tender # PS-2023-11 – Pavement Marking Program

☒ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.

Notice/Consultation • • • •

Director of Corporate Services & Treasurer Manager of Operations and Fleet Construction Technologist Counties of Lennox & Addington, Renfrew County and Lanark County

Attachments None

Approvals Submitted By:

Reviewed By:

W. Troy Dunlop, C.E.T. Manager of Technical Services and Infrastructure

Kyle Bolton, C.E.T. Director of Public Services

Approved By:

Louise Fragnito, CPA, CGA Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 102 of 102

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-34 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE SPECIAL COUNCIL MEETING OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON APRIL 18, 2023 Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act of any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act S.O. 2001, c. 25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of the jurisdiction described in the Table to Subsection 2, subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O 2001 c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise, and Whereas the Council of the Township of South Frontenac deems it expedient to confirm its actions and proceedings; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, HEREBY ENACTS AS FOLLOWS: 1.

The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on April 18, 2023 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.

That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held April 18, 2023 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.

That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on April 18, 2023 except those taken by by-law and those required by bylaw to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.

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

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

Read a first and second time this 18 day of April 2023. Read a third time and finally passed this 18 day of April 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

James Thompson, Clerk

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