Council - 18 Dec 2018 - Agenda — North Frontenac News Media

Published December 18, 2018

Word Count 15764 words

Reading Time 75 min read

Body: Council Type: Agenda Meeting: Regular Date: December 18, 2018 Collection: Council Agendas Municipality: South Frontenac

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Document Text

Page 1 of 111

TOWNSHIP OF SOUTH FRONTENAC COUNCIL MEETING AGENDA TIME: 7:00 PM, DATE: Tuesday, December 18, 2018 PLACE: Council Chambers. 1.

Call to Order

Resolution

Declaration of Office - Deputy Mayor

Councillor Sleeth to take the Declaration of Office for Deputy Mayor 2018-2019

Declaration of pecuniary interest and the general nature thereof

Approval of Agenda

Scheduled Closed Session - n/a

***Recess - reconvene at 7:00 p.m. for Open Session

Delegations - n/a

Public Meeting

Resolution

Request for Road Closure - Concession 1, Part Lot 18 and 19 - 4352 Holmes Rd

Approval of Minutes

December 4, 2018 Council meeting

Business Arising from the Minutes

Notice of Motion - Refund of Fee for Zoning By-law Amendment

Notice of Motion - Ad Bag Delivery

Notice of Motion - Hartington Well Testing

Notice of Motion - Hartington Community Association

Fire Services - Mobile Compressor and Pagers

Reports Requiring Action

Retail Cannabis Stores

27 - 40

Committee of Adjustment - Composition Options

41 - 47

5-8

9 - 18

21 - 22 23 24 - 26

Page 2 of 111

Rezoning of Concession 3, Part Lot 17, Storrington District (Wills & Boone) See By-law 2018-79

Road Closure and Transfer: Peck & Baxter - See By-law 2018-80

49 - 54

2019 Budget Direction

55 - 56

Council Appointments to Committees and Boards - See By-law 2018-81

57 - 58

Three Way Stop at Latimer Road and Round Lake Road - See Bylaw 2018-82

Committee Meeting Minutes - n/a

By-laws

By-law 2018-79 - Rezone Concession 3, Part Lot 17, Storrington

By-law 2018-80 - Road Closure - Concession XIV, Lot 24, Loughborough

By-law 2018-81 - Council Appointments to Committees and Boards

64 - 66

By-law 2018-82 - Three Way Stop at Round Lake Road and Latimer Road

67 - 68

Reports for Information

Accounts Payable and Payroll Listing

Tender No. PW-2018-17 Garbage Truck

2018 Election Accessibility Report

Information Items

MPAC - Ontario’s Assessment System

Steve Clark Minister of Municipal Affairs and Housing re: Housing Supply Action Plan

Township of Central Frontenac - Motion regarding Randy Hillier Correspondence, re: Conservation Authorities

Meela Melnik-Proud, Evonne Potts, Sarah Harmer and Matter Rennie, re: Johnston Point ESA Permit

Susan Millar, Secretary - Rideau Corridor Landscape Strategy, re:

60 - 62 63

69 - 81 82 83 - 84

85 - 88

91 - 92

93 -

Page 3 of 111

Representative for Steering Committee

108

Around the Rideau Newsletter - November/December 2018

109 110

Notice of Motions

Announcements/Statements by Councillors

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

Closed Session (if requested)

Confirmatory By-law

By-law 2018-83

Adjournment

111

Page 4 of 111

DECLARATION OF OFFICE (Section 232 of the Municipal Act, 2001) I, Ron Sleeth______ having been elected or appointed to the office (name of person)

of Deputy Mayor for the municipality of Township of South Frontenac (name of office)

(name of municipality)

do solemnly promise and declare that: I will truly, faithfully and impartially exercise this office to the best of my knowledge and ability. I have not received and will not receive any payment or reward, or promise thereof, for the exercise of this office in a biased, corrupt or in any other improper manner. I will disclose any pecuniary interest, direct or indirect, in accordance with the Municipal Conflict of Interest Act. I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second And I make this solemn promise and declaration conscientiously believing it to be true and knowing that it is of the same force and effect as made under oath. Declared before me ) at the Township of South Frontenac…) ……………………………………….) ……………………………………….) On …………. ……………..……….) 2018. )

Signature of Declarant

Commissioner for Taking Affidavits

Page 5 of 111

REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT REPORT DATE: AGENDA DATE:

December 10, 2018 December 18, 2018

SUBJECT:

Public Meeting – Road Closure Estate of Lois Kot (Kim Kot – agent) 4352 Holmes Road, Inverary Concession 1, Pt Lot 18, Pt Lot 19, RP 13R1099, Pt 4, District of Storrington, Township of South Frontenac

RECOMMENDATION That Council hear public comments or concerns on a proposal to consider the closing and transfer of ownership of a portion of unopened road allowance that crosses the property addressed as 4352 Holmes Road, Inverary to the Estate of Lois Kot.

PURPOSE The purpose of this report is to bring forward an application for a road closure and to hold a public meeting on the application as required under the Municipal Act.

BACKGROUND An application has been submitted to the Development Services Department to stop up and close a portion of unopened road allowance that crosses the property located at 4352 Holmes Road, Concession 1, Pt. Lot 18, Pt. Lot 19, RP 13R1099 , Pt. 4, in the District of Storrington. The proposal came before for consideration Council at the November 6, 2018 Council Meeting. Attachment #1 is a location map showing the property to which the portion of unopened road allowance is to be transferred to. Ms. Kot is in the process of settling her parent’s estate. The Estate currently owns the property at 4352 Holmes Road. The Estate is currently in the process of selling the property and have an active offer to purchase on the property. Through the due diligence of the lawyers involved in the sale, it was discovered that there is an unopened road allowance that splits the property. The house and driveway on the property is partially constructed over the unopened road allowance (see Attachment #2 – survey of 4352 Holmes Road). The purchaser’s lawyer has requested the current owners resolve this title issue prior to the property being sold. Until this title issue is resolved, the property cannot be converted from the Land Titles system into Land Registry. Ms. Kot and her lawyer believe the road allowance may have been closed in the distant past but there are no records that testify to this. The Township’s parcel fabric GIS mapping bears this out ie., the subject road allowance does not show on the lot fabric whereas other portions do - indicating that it had been closed. Therefore, the owners lawyer has recommended the road allowance that splits their property be closed by by-law to officially establish the road allowance closure. Staff agrees that this road allowance should be stopped up, closed and ownership transferred to the Estate of Lois Kot. The majority of this road allowance was closed by by-law (By-law 2017-42) and transferred in 2017 to facilitate a commercial use on a newly created lot in the Hamlet of Inverary. The

Page 6 of 111

only remaining portion of this road allowance to be closed is located on the property owned by the Estate. The portion of the road allowance that splits the property is 675 feet long from north to south and 66 feet wide (44,550 square feet). At the rate of $0.21 per square foot, the sale price of the road allowance would be $9355.00. The Estate requested Council eliminate the cost to purchase the road allowance considering there is some uncertainty that the road allowance may have already been closed in the past with no enduring evidence to the fact. Council was supportive of waiving the purchase price, provided that Ms. Kot covers the cost of the survey, legal and advertising costs to stop up and close the road allowance, and register the transfer. The Storrington District Councilor confirmed that a road closing by-law was passed by Storrington Township Council prior to amalgamations, but may not have been registered. Ms. Kot has had the survey prepared and will proceed to give direction to her surveyor to deposit the survey following the public meeting. The surveyor confirmed that no road closing was previously registered for the section of unopened road allowance that crosses the property addressed as 4352 Holmes Road, Inverary.

NOTICE Consistent with the requirements of the Municipal Act, a Notice of Road Closing was posted on the Township website on November 15, 2018 and advertised in the Frontenac News for the past 4 weeks. At the time of writing of this report, no inquiries or comments had been received by any members of the public.

CONCLUSION Council should hear anyone who wishes to speak at this public meeting on the closing of the road allowance. If Council is still favourable to the proposal, a road closing by-law will be considered at such time as the reference plan is deposited and submitted to the Township.

ATTACHMENTS Attachment #1 – Location Map Attachment #2 – Survey of 4352 Holmes Road Approved/Submitted by: Claire Dodds, Director of Development Services, Township of South Frontenac

Page 7 of 111

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Page 9 of 111 Minutes of Council December, 4, 2018 Time: 7:00 PM Location: Council Chambers

Meeting # 24 Present: Mayor Ron Vandewal, Pat Barr, Ray Leonard, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff: Wayne Orr, Chief Administrative Officer, Claire Dodds, Director of Development Services, Mark Segsworth, Director of Public Services, Louise Fragnito, Director of Corporate Services Treasurer, Tim Laprade, Arena and Recreation Supervisor, Angela Maddocks, Deputy Clerk, Emily Caird, Executive Assistant. 1.

Call to Order

Wayne Orr, Chief Administrative Officer, called the meeting to order and proceeded with Council’s Declaration of Office for the 2018-2022 term beginning with Mayor Ron Vandewal and followed by Council members.

Comments from Mayor Mayor Vandewal welcomed the Council members to the 2018-2022 term noting that not all decisions that Council will make will be popular. He encouraged the new Council members to rely on staff and their expertise and he noted the planning and development challenges that this Council faces.

Warden Ron Higgins provided greetings from the County of Frontenac.

Council Group Photo and Individual Council Member Photos Photos were taken to be published on the township website.

Declaration of pecuniary interest and the general nature thereof

Councillor Barr declared a pecuniary interest with respect to Agenda Item 13 (a), the Accounts Payable and Payroll Listing.

Councillor Leonard declared a pecuniary interest with respect to Agenda Item 13 (a), the Accounts Payable and Payroll Listing.

Approval of Agenda

Resolution Resolution No. 2018-24-01 Moved by Councillor Revill Seconded by Councillor Ruttan THAT the agenda for December 4, 2018 be approved as presented. Carried

Scheduled Closed Session - n/a

Recess - n/a

Public Meeting

Resolution

Page 10 of 111 Minutes of Council December, 4, 2018 Resolution No. 2018-24-02 Moved by Councillor Sleeth Seconded by Councillor Revill THAT a public meeting be held to discuss planning matters related to: • Rezoning of Plan 50, Block R, Part 1 and 2, RP 13R21830, Loughborough • Rezoning of Concession 3, Part Lot 17, Storrington Carried b)

Z-18/17 - Plan 50, Block R, Part 1 & 2 Plan 13R-21830 - Loughborough (Morgan) Claire Dodds explained that the subject property was rezoned in May of this year by By-law 2018-28 from Residential Waterfront to Special Urban Residential First Density Zone to recognize the reduced lots size and road frontage for a new residential lot and retained parcels. The rezoning was submitted and approved before the survey was completed for the consent and shows that the severed lot would have a minimum frontage of 57.5 metres and 1.0 acres. The retained lot has a frontage of 55. 7 metres and 0.8 acres. These frontages and lots area for the retained lot are less than then 64 metres of the frontage and minimum lot area of 1.0 acre established in By-law 201828. She explained that planning staff cannot stamp a certificate for the creation of a lot that does not comply with the zoning by-law. There were no formal comments received from the public at the time the report was written. This rezoning is consistent and conforms to the South Frontenac Official Plan, County Official Plan and the Provincial Policy Statement. Mayor Vandewal asked if the applicant’s request for refund was included in the report and the Director confirmed this. Councillor Sutherland questioned where the 64 metres came from in the original rezoning. Ms. Dodds was not certain as she had not been involved in the original application and suggested that perhaps it was an estimate of the frontage of the lot before the benefit of having a survey. Councillor Revill asked if there was less work involved in processing the second rezoning application. Ms. Dodds indicated that the same amount of work was involved, the same process was followed. Councillor Revill speculated that the first application was done in haste and without sufficient documentation to justify the measurements. The Director suggested there was responsibility on both sides but did not have sufficient information to determine why the incorrect frontage was included in the original rezoning. Councillor Sutherland noted that he was not supportive of providing a refund for the fee. Lorraine Lobb commented that the rezoning should be approved so that the development can move forward. There were no other comments from the public.

Z-18/18 - Concession 3, Part Lot 17, R 13R-9478 Part 1, Storrington (Wills & Boone) Claire Dodds explained that the applicants wish to convert an existing garage on their property into a permanent second residential unit on their 12 acre property located at the end of Greenfield Road. The garage is situated in close proximity to the existing single detached dwelling located on the property and is tied into the main house for water and electricity. The garage is also connected into the existing single detached dwelling. Ms Dodds noted that the provincial

Page 2 of 10

Page 11 of 111 Minutes of Council December, 4, 2018 Policy Statement promotes efficient land use and development patters that support strong, liveable and healthy communities, protect the environment and public health and safety. Building healthy communities includes accommodating an appropriate range and mix of residential uses including second units and affordable housing for older persons. The second unit is proposed to provide housing the parents of the current owners. Public Health has already issued a septic permit that confirms the current septic system is sized to receive flows from the proposed second residential unit. There have been no formal comments received from the public on this application. The converted garage is modest in size, being approximately 726 square feet, It complies with the lot coverage standards of the RU zone for accessory structures. Councillor Sleeth indicated his support for this rezoning. Mayor Vandewal stated he was supportive of this, creating a second dwelling is ideal without having to create a new lot. There were no comments from the public. d)

Resolution Resolution No. 2018-24-03 Moved by Councillor Revill Seconded by Councillor Ruttan THAT an opportunity having been provided, the public meeting be closed. Carried

Delegations

Bill Babcock, Deputy Fire Chief, re: upcoming retirement Mr. Babcock requested that Council consider allowing him to extend his retirement date to April 22, 2020 as he felt this was important to him and the volunteers. He continues to attend training and 95% of all calls. He submitted a petition and documentation of his health. Mayor Vandewal indicated that Council will request a staff report on this matter.

Approval of Minutes

November 6, 2018 Council Meeting Resolution No. 2018-24-04 Moved by Councillor Ruttan Seconded by Councillor Revill THAT the minutes of the November 6, 2018 Council meeting be approved. Carried

Business Arising from the Minutes

Notice of Motion - Three Way Stop at Latimer and Round Lake Roads Mayor Vandewal removed himself as Chair to speak to this motion. Councillor Revill assumed the role of Chair for the purposes of this motion. Mayor Vandewal noted that during his campaign he received several comments on this intersection and felt that a three way stop would address the issues. After the resolution was passed Mayor Vandewal assumed the Chair. Resolution No. 2018-24-05 Moved by Mayor Vandewal Seconded by Councillor Sleeth

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Page 12 of 111 Minutes of Council December, 4, 2018 THAT Council support the notice of motion and direct staff to bring forward a bylaw to create a three way stop at the intersection of Latimer Road and Round Lake Road. Carried b)

Notice of Motion - Hartington Community Association Resolution No. 2018-24-06 Moved by Councillor Sleeth Seconded by Councillor Revill Resolution 2017-23-11 THAT on a without prejudice or precedent basis the Corporation of the Township of South Frontenac cover the cost of the two most recent invoices from Mr. Wilf Ruland and the Final invoice from Mr Harold Chard to the Hartington Community Association.

Resolution No. 2018-24-07 Moved by Councillor Sleeth Seconded by Councillor Revill THAT this motion be deferred until new Council members are provided with background information on this matter. Carried c)

Notice of Motion - Hartington Well Testing Resolution No. 2018-24-08 Moved by Councillor Sleeth Seconded by Councillor Morey Resolution 2017-23-13 THAT the Corporation of the Township of South Frontenac cover the cost associated with testing the well water quality for residences within 300 m of the former gas station in Hartington; AND THAT Testing shall be performed two (2) times per year; and, THAT testing shall be done on a voluntary basis.

Resolution No. 2018-24-09 Moved by Councillor Sleeth Seconded by Councillor Leonard THAT this motion be deferred until new Council members are provided with background information on this matter. Carried 10.

Reports Requiring Action

Recreation Committee Structure - Facilitated Session Resolution No. 2018-24-10 Moved by Councillor Revill Seconded by Councillor Ruttan THAT Council authorize the engagement of an external facilitator, in advance of the 2019 budget approval process, to guide a session that helps revamp the Recreation Committee structure and process, AND that Council delay Recreation Committee appointments until results of the facilitated session are presented to Council. Carried

Recreation Program Registration and Facility Booking Software Resolution No. 2018-24-11

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Page 13 of 111 Minutes of Council December, 4, 2018 Moved by Councillor Sleeth Seconded by Councillor Morey THAT Council provide advance budget approval to purchase a $6,000 Registration and Facility Booking Software Program, with annual operating costs of $8,650 which will allow staff sufficient time to have the system operational for the 2019 summer programs. Carried c)

Rezoning of Concession 5, Part of Lot 7, Loughborough See By-law 2018-68

Rezoning of Concession 4, Part of Lot 17, Portland See By-law 2018-69

Rezoning of Concession 7, Part of Lots 27 and 28 - Bedford See By-law 2018-74

Rezoning of Concession 9, Part of Lots 27 and 28, Bedford See By-law 2018-75

Rezoning of Concession 5, Part Lot 28, Bedford See By-law 2018-76

Private Lane Upgrading Assistance Resolution No. 2018-24-12 Moved by Councillor Morey Seconded by Councillor Sleeth THAT Council approve payments totaling $78,109.28 as outlined in the report dated December 4, 2018 that represents a 50% subsidy on various lanes within the township. Carried

Speed Reduction on various roads See By-law 2018-70

Budget Schedule Confirmation Resolution No. 2018-24-13 Moved by Councillor Sleeth Seconded by Councillor Morey THAT Council adopt the 2019 budget cycle as presented. Carried

January 2019 Council and Committee of the Whole Meetings Resolution No. 2018-24-14 Moved by Councillor Sleeth Seconded by Councillor Morey THAT Council suspend the rules of the Procedural By-law 2017-76 and schedule the January 2019 Council meetings for January 8 and 22 and the Committee of the Whole meeting for January 15, 2019, AND THAT a bus tour of Township facilities and projects be scheduled for the spring of 2019. Carried

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Page 14 of 111 Minutes of Council December, 4, 2018 l)

Deputy Mayor Appointments Resolution No. 2018-24-15 Moved by Councillor Sutherland Seconded by Councillor Roberts THAT Council adopts the proposed Deputy Mayor Appointment Process as the binding method for appointment of Deputy Mayors for South Frontenac Council for the four year term 2018-2022, AND THAT having adopted a process for determining Deputy Mayors that the following individuals be appointed as Deputy Mayor for the period as indicated: 2018-2019 - Ron Sleeth 2019-2020 - Ross Sutherland 2020-2021 - Pat Barr 2021-2022 - Ray Leonard Carried

County Council Appointment Councillor Sutherland felt that the process should reflect that the first person to to get a majority vote be appointed, the policy was adopted as amended and the floor was opened for nominations. Councillor Sleeth nominated Councillor Revill with Councillor Barr seconding the nomination. Councillor Roberts nominated Councillor Sleeth with Councillor Leonard seconding the nomination. Councillor Sleeth declined the nomination. There were no other nominations. Councillor Sutherland asked that the appointment process go back to the Corporate Services Committee for review. Resolution No. 2018-24-16 Moved by Councillor Sutherland Seconded by Councillor Ruttan THAT the County Council Appointment process be amended to reflect that the person with the least amount of votes be dropped off until a majority vote is found. Carried Resolution No. 2018-24-17 Moved by Councillor Roberts Seconded by Councillor Sutherland THAT Council adopt the County Council Appointment Process as the binding method for appointment of a South Frontenac Councillor to County Council for the four year term 2018-2022 as amended, AND THAT having adopted a process for determining a County Councillor, Alan Revill be appointed to Frontenac County Council for the term 2018-2022. Carried

Clerk Appointment See By-law 2018-71

Appointment of Deputy Division Registrar See By-law 2018-72

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Page 15 of 111 Minutes of Council December, 4, 2018 11.

Committee Meeting Minutes

Police Services Board Meeting held October 4, 2018

Bedford District Recreation Committee meeting held August 30, 2018. Resolution No. 2018-24-18 Moved by Councillor Sleeth Seconded by Councillor Morey THAT Council receives for information the minutes of the following committee meetings: • Police Services Board meeting held October 4, 2018 • Bedford District Recreation Committee meting held August 30, 2018 Carried

By-laws

By-law 2018-68 - Rezone Concession 5, Part Lot 7, Loughborough Resolution No. 2018-24-19 Moved by Councillor Leonard Seconded by Councillor Barr THAT the following by-laws be given first and second reading: • By-law 2018-68 • By-law 2018-69 • By-law 2018-70 • By-law 2018-71 • By-law 2018-72 • By-law 2018-73 • By-law 2018-74 • By-law 2018-75 • By-law 2018-76 Carried Resolution No. 2018-24-20 Moved by Councillor Leonard Seconded by Councillor Barr THAT By-law 2018-68, being a by-law to amend By-Law 2003-75, as amended, to rezone land from Rural (RU) to Limited Services Residential - Waterfront (RLSW), Part Lot 7, Concession, District of Loughborough, be given third reading, signed and sealed. Carried

By-law 2018-69 - Rezone Concession 4, Part Lot 17, Portland Resolution No. 2018-24-21 Moved by Councillor Leonard Seconded by Councillor Sutherland THAT By-law 2018-69, being a by-law to amend By-Law Number 2003-75, as amended, to rezone land from Rural (RU) to Rural Commercial Exception Zone, RC-15 (4183 Camden Portland Boundary Road) and from Rural (RU) to Rural Exception Zone RU-54 (4153 Camden Portland Boundary Road) be given third reading, signed and sealed. Carried

By-law 2018-70 - Reduce speed limits on various roads Resolution No. 2018-24-22 Moved by Councillor Leonard Seconded by Councillor Sutherland THAT By-law 2018-70, being a by-law to amend By-Law 2000-01, being a bylaw to regulate the use of traffic, parking and stopping on highways and bridges in the Township of South Frontenac, to regulate speed as outlined in Schedule “A” be given third reading, signed and sealed.

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Page 16 of 111 Minutes of Council December, 4, 2018 Carried d)

By-law 2018-71 - Appoint a CAO/Deputy Clerk and a Clerk and Division Registrar Resolution No. 2018-24-23 Moved by Councillor Sutherland Seconded by Councillor Leonard THAT By-law 2018-71, being a By-law to appoint a Chief Administrative Officer/Deputy Clerk and a Clerk and Division Registrar be given third reading, signed and sealed. Carried

By-law 2018-72 - Appoint a Deputy Division Registrar Resolution No. 2018-24-24 Moved by Councillor Sutherland Seconded by Councillor Leonard THAT By-law 2018-72, being a by-law to appoint a Deputy Division Registrar be given third reading, signed and sealed. Carried

By-law 2018-73 - Rezone Plan 50, Block R Pt Lot B - Loughborough Resolution No. 2018-24-25 Moved by Councillor Sutherland Seconded by Councillor Leonard THAT By-law 2018-73, being a by-law to amend By-law 2003-75 as amended, to delete the existing Urban Residential-First Density (UR1-19) Zone and replace it with a new Urban Residential- First Density (UR1-19) Zone for the lands known as Part 1 and 2, Plan 13R21830, Part Lot B, Block R, Registered Plan 50, District of Loughborough, be given third reading, signed and sealed. Carried

By-law 2018-74 - Rezone Concession 7, Part Lot 27 and 28, Bedford Resolution No. 2018-24-26 Moved by Councillor Barr Seconded by Councillor Sutherland THAT By-law 2018-74, being a by-law to amend By-law 2003-75 as amended, to rezone land from Rural to Limited Service Residential- Waterfront Exception, Part Lot 27 and 28, Concession 7, be given third reading, signed and sealed, as amended. Carried

By-law 2018-75 - Rezone Concession 9, Part Lots 27 and 28, Bedford Resolution No. 2018-24-27 Moved by Councillor Leonard Seconded by Councillor Barr THAT By-law 2018-75, being a by-law to amend By-law 2003-75, as amended, to rezone land from Rural (RU) to Limited Service Residential-Waterfront (RLSW), Part Lots 27 and 28, Concession 9, Part 1 13R13997, District of Bedford, be given third reading, signed and sealed. Carried

By-law 2018-76 - Rezone Concession 5, Part Lot 28, Bedford Resolution No. 2018-24-28 Moved by Councillor Barr Seconded by Councillor Sutherland THAT By-law 2018-76, being a by-law to amend By-law 2003-75, as amended, to rezone land from Rural to Limited Service Residential-Waterfront, Concession 5, Part Lot 28, be given third reading, signed and sealed. Carried

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Page 17 of 111 Minutes of Council December, 4, 2018 13.

Reports for Information

Accounts Payable and Payroll Listing

Recreation Guide Function and Naming

Information Items

Randy Hillier, MPP for Lanark-Frontenac-Kingston, re: Local Conservation Authorities

Paul Lehman, General Manager, MVCA and Sommer Casgrain-Robertson, General Manager RVCA, re: Response to Randy Hillier letter regarding Conservation Authorities

Rachel Mather, Public Health Dietitian, KFLA Public Health, re: 2018 Cost of Healthy Eating

Ontario Ministry of Natural Resources and Forestry, re: Decision on Johnston Point ESA Permit

OMB Decision on Hartington Subdivision

Dudley Shannon, Frontenac Federation of Agriculture, re: Welcome to New Council

Consultation - Increasing Housing Supply in Ontario

Settlement of Williams Treaties Land Claim

Notice of Motions

Councillor Revill served a notice of motion to refund half of the fees associated with the Morgan rezoning.

Mayor Vandewal relinquished the Chair to Deputy Mayor Ron Sleeth and served a notice of motion to prohibit the practice of ad bags being thrown alongside township roads. He resumed the Chair after filing the notice of motion.

Announcements/Statements by Councillors

Deputy Mayor Sleeth thanked the Director of Public Services for attending the Frontenac Federation of Agriculture meeting. He noted that the federation will be submitting correspondence regarding their support for the baler for plastic bale wrap.

Mayor Vandewal introduced Emily Caird, Executive Assistant and reported that Michelle Hannah is the Planning Assistant who started in this role on December 3, 2018. He also commended staff for the positive comments he has received from the Development Services and processes in place to provide clarity to residents.

Question of Clarity (from the public on outcome of agenda items) - n/a

Closed Session - n/a

Confirmatory By-law

By-law 2018-77

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Page 18 of 111 Minutes of Council December, 4, 2018 Resolution No. 2018-24-29 Moved by Councillor Sutherland Seconded by Councillor Barr THAT By-law 2018-77, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given first and second reading this 4 day of December 2018. Carried Resolution No. 2018-24-30 Moved by Councillor Barr Seconded by Councillor Sutherland THAT By-law 2018-77, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given third reading, signed and sealed this 4 day of December 2018. Carried 20.

Adjournment

Resolution Resolution No. 2018-24-31 Moved by Councillor Barr Seconded by Councillor Sutherland THAT the Council meeting of December 4, 2018 be adjourned at 8:44 p.m. Carried

Ron Vandewal, Mayor

Wayne Orr, Chief Administrative Officer

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Page 19 of 111

REPORT TO COUNCIL CLERKS DEPARTMENT

AGENDA DATE: December 18, 2018 SUBJECT: Notice of Motion – Refund of Zoning By-law Amendment Fee RECOMMENDATION That Council approve the refund of half of the Zoning By-law Amendment fee to the applicants Z-18/17 located at 4562 Bedford Rd, Morgan.

BACKGROUND Council’s Procedural By-law 2017-76 establishes the process for Notice of Motion. At the Council Meeting of December 4, 2018, Councillor Revill served a notice of motion that Council approve the refund for half of the Zoning By-law Amendment Z-18/17 as outlined the Director of Development Services report dated November 29, 2018 for property located at 4562 Bedford Rd. A notice of motion requires a seconder at the next regular Council meeting. If seconded, the motion is debated and voted on.

ATTACHMENTS n/a

Submitted/approved by: Angela Maddocks Clerk

Our strength is our community.

Page 20 of 111

REPORT TO COUNCIL CLERKS DEPARTMENT

AGENDA DATE: December 18, 2018 SUBJECT: Notice of Motion – Ad Bag Delivery RECOMMENDATION That Council direct staff to review the regulations with regard to ad bag delivery and review the options for restricting the practice of them being thrown alongside roads in South Frontenac.

BACKGROUND Council’s Procedural By-law 2017-76 establishes the process for Notice of Motion. At the Inaugural Council Meeting on December 4, 2018, Mayor Vandewal served a notice of motion that ad bags no longer be thrown alongside the road by local newspaper distributors. A notice of motion requires a seconder at the next regular Council meeting. If seconded, the motion is debated and voted on.

ATTACHMENTS n/a

Submitted/approved by: Angela Maddocks Clerk

Our strength is our community.

Page 21 of 111

REPORT TO COUNCIL CLERK’S DEPARTMENT AGENDA DATE:

December 18, 2018

SUBJECT:

Notice of Motion – Hartington Well Testing

RECOMMENDATION: Resolution 2017-23-13 THAT the Corporation of the Township of South Frontenac cover the cost associated with testing the well water quality for residences within 300 m of the former gas station in Hartington; and, THAT Testing shall be performed two (2) times per year; and, THAT testing shall be done on a voluntary basis. BACKGROUND: This matter was brought forward to Council at the December 4, 2018 Inaugural meeting and was deferred pending the opportunity for new Council members to be given the opportunity to receive additional information. At the December 11, 2018 Closed Session meeting Council was provided with the information. It should also be noted that attached to this report is the sampling reports and the ground water assessment conducted by SOS – Specialized Onsite Services. (content below is from the original report on December 4, 2018) The Hartington Community Association (HCA) is a citizen lead organization formed to advocate for the community and oppose the Hartington Subdivision proposal. The notice of motion was served following a delegation to Council by the HCA in June, 2017. The motion was properly moved by Councillor Schjerning and seconded by Councillor Sleeth at the July 11, 2017 meeting and subsequently deferred “until the legal proceedings are finalized at the OMB”. The OMB decision on the Hartington Subdivision was received November 15, 2018 and is included for information on the December 4 Agenda. In part, paragraph 184 from the Analysis and Findings section from the OMB states: “In regard to the gas station property, the evidence before the Tribunal is that drinking water wells on properties adjacent to the development site were recently tested and no PHC’s were detected. As the directional flow of groundwater from the contamination site is down-gradient and in the opposite direction, the potential of impact to the subdivision is considered negligible”…. In conversation with the Township solicitor, based on the evidence before the tribunal, testing is not warranted. In July 2017 Council received specific advice from the solicitor in Closed Session on this matter. The Director of Public Works reports that staff have just coordinated the latest round of sampling, including the additional wells recommended in the memo (see attached). The reports from the consultant have not been received but verbally it has been suggested to install another well behind the Princess Anne building to

Our strength is our community.

Page 22 of 111

REPORT TO COUNCIL CLERK’S DEPARTMENT conclusively define the extent of the migration. This is supported by the MOE and will be included in the 2019 Operating Budget. In a meeting with MOE staff held on Nov 28, the MOE’s Hydrogeologist said: “this is a contaminated site, but work has been done work to assess the migration off site and there have not been any adverse impacts”. The MOE also wants to reiterate that this is how they manage any contaminated site Staff wish to point out that under the Domestic Well section of the memo: “To date, contaminants of concern have not been detected in domestic wells” FINANCIAL/STAFFING IMPLICATIONS: The initial projected cost of this testing based on the estimates from the HCA and the frequency stated in the motion would be $17,400 per year. Based on recent experience, staff believe that this estimate is well below market costs. Staff estimate the cost to be closer to $45 – 50,000. No specific budget exists for this expense. ATTACHMENTS: MOE MEMO Dated April 10, 2018 Map of sampling locations 2017 Sampling Reports – Specialized Onsite Services Inc. (SOS)

Submitted/approved by:

Prepared by:

Wayne Orr

Angela Maddocks

Our strength is our community.

Page 23 of 111

REPORT TO COUNCIL CLERK’S DEPARTMENT

AGENDA DATE:

December 18, 2018

SUBJECT:

Notice of Motion – Hartington Community Association

RECOMMENDATION: Resolution 2017-23-11 THAT on a without prejudice or precedent basis the Corporation of the Township of South Frontenac cover the cost of the two most recent invoices from Mr. Wilf Ruland and the Final invoice from Mr Harold Chard to the Hartington Community Association. BACKGROUND: This matter was brought forward to Council at the December 4, 2018 Inaugural meeting and was deferred pending the opportunity for new Council members to be given the chance to receive additional information. At the December 11, 2018 Closed Session meeting Council was provided with the information. (Content below is from the original report on December 4, 2018) The Hartington Community Association (HCA) is a citizen lead organization formed primarily to advocate for the community and oppose the Hartington Subdivision proposal. The notice of motion was served following a delegation to Council by the HCA in June, 2017. The motion was properly moved by Councillor Schjerning and seconded by Councillor Sleeth at the July 11, 2017 meeting and subsequently deferred “until the legal proceedings are finalized at the OMB”. The OMB decision on the Hartington Subdivision was received November 15, 2018 and is included for information on the December 4 Agenda. In summary the HCA was unsuccessful in their appeal. The OMB approved the 13 unit Subdivision to move forward, adopted the draft plan conditions and approved the zoning. In conversation with the Township solicitor he has made it clear that it is not good practise for Council to cover costs when they have been successful in litigation matters. In July 2017 Council received specific advice from the solicitor in Closed Session on this matter. FINANCIAL/STAFFING IMPLICATIONS: The sum of the three invoices taken from the HCA’s delegation notes equals $28,792.40. No specific budget exists for this expense. The Township’s direct costs for this appeal were $99,597 ATTACHMENTS: Submitted/approved by:

Prepared by:

Wayne Orr

Angela Maddocks Our strength is our community.

Page 24 of 111

REPORT TO COUNCIL FIRE SERVICES

AGENDA DATE:

December 18, 2018

SUBJECT:

Mobile Compressor and Pagers

Operational Review and Recommendations RECOMMENDATION: THAT Council authorize the purchase of a mobile compressor for $32,950 plus applicable HST; AND THAT Council authorize the purchase of 49 pagers (25 for new recruits and 24 for spares distributed across the stations) at a price of no greater than $640 each or $31,360 plus applicable HST; AND THAT both be funded from the Working Funds and Infrastructure Reserves. BACKGROUND: Council was briefed on the Fire Service Operational Plan at the Committee of the Whole meeting on December 4th. Following a review of the Chief’s priority recommendations Council gave direction to bring forward the purchase of the mobile compressor and pagers for immediate purchase. Attached is the initial proposal from Levitt for the refurbished compressor and a photo of the stock model. Pagers will be sourced to obtain the most competitive quote. On a go forward basis the mobile compressor will be incorporated into the 25 year capital replacement plan. FINANCIAL/STAFFING IMPLICATIONS: $32,950 for the mobile compressor $31,360 for pagers

ATTACHMENTS: Proposal and stock photo

Submitted/approved by: Wayne Orr, CAO

Our strength is our community.

Page 25 of 111

Ievitts ‘-1’-‘1’.’

2872 Bristol Circle Service Division Oakville ON L6H 5T5 T: 9058293299

Proposa Issued to:

Proposal No: 124898100 Account No: 16818 Issued: 11/27/2018

South Frontenac Fire Dept STN 5 4432 George Street PO Box 100 Sydenham, ON KOH2T0

12/27/2018 Issued by:

Item

Darcy Knott

Ron Anderson ron.anderson@levitt-safety.com Levitt Safety (OAK8)

Email: Phone: Your ref:

firechief@southfrontenac.net

6133763027x2234 Recon‘d Compressor

Stock No Description $30,000.00

$30,000.00

$100.00

$2,000.00

$100.00

$400.00

Miscellaneous Parts SCOTTLIBERTYMOBILECOMPRESSOR MODE REFURBISHED

AL1023111021Z 5/N.‘l5T6K-1721MFG 09/26/10 6000 PSI,20HP,230V APPROX 125 RUN HOURS

LZCOMP Service Respiratory Equipment Compressarservice

Labour

LZCOM P

Number 15T6K~1721MFG. 09/26/

““3557 MANAGE SCOMPANI

csr@|evitt-saf?pcom www.levitt-safety.com Customer Service: 1.888.4LEV1TI’(453.8488) Page 1 of 2

Page 26 of 111

LIZRTY

Breathing Air System Trailer The easy-tow Liberty I is a totally enclosed single-axle trailer that is well suited for mobile applications. it comes with two ASME storage cylinders. 20 horsepower (25.5 cfm)/(722 lpm), 6000 psi/413 bar and is capable of being towed by any vehicle rated for 6000 lb. or more.

Voltages 60 Hz 008-230-460), 50 Hz (220-380) Surge brakes (standard) or electrical brakes (optionalj Cold weather package

7.2 w auxilary generator

1200 w footlight and air powered

mast

3” Iunette or 2 5/16” ball hitches

and pintle/ball

towing

packages. paint to match your department’s

Customized

color scheme

Sand filters for dirty environments
Multi-language

X4 Controller (English and Spanish) Th ree-year warranty

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REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT REPORT DATE:

December 11, 2018

AGENDA DATE:

December 18, 2018

SUBJECT:

Staff Report on Cannabis Retail Stores

RECOMMENDATION: That Council in the absence of previous Council direction on this matter, permit private cannabis retail stores in South Frontenac and notify the Alcohol and Gaming Commission of Ontario of such decision before January 22, 2019; AND that Council direct staff to develop a policy statement for Council’s review that can provide a framework for the delegating of commenting on cannabis retail stores proposal to the Director of Development Services. BACKGROUND: Recreational cannabis was legalized on October 17, 2018 by the Federal Government. The Ontario government recently passed legislation to create a regulated licensing model and regulatory framework for private retail of cannabis. Attachment 1 outlines that legislative milestones that have led to the legalization of recreational cannabis. Within the regulatory framework that has been developed in Ontario for the retail sale of recreational cannabis:  Private retailers will be tightly regulated and licensed by the Alcohol and Gaming Commission of Ontario (AGCO). The private retail store model will be strictly enforced by the AGCO. 

The Ontario Cannabis Retail Corporation (OCRC) is the exclusive wholesaler and online retailer of cannabis in the province



Municipalities have been given the option to pass a council resolution by January 22, 2019 to opt-out of retail stores

The province is beginning to accept applications for private retail stores on December 17, 2018. The first retail stores are set to open on April 1, 2019. Licensing of Retail Cannabis Stores Ontario Regulation 468/18 made under the Cannabis Licence Act, 2018 sets out requirements for retail stores including:     

Establishing minimum distances between a retail store and school is 150m, Hours of operation are between 9am and 11pm. Retailers cannot sell to anyone under 19 years of age All private recreational cannabis stores to be stand-alone stores only. Retail store operators, managers and staff are required to complete mandatory training by AGCO.

Municipalities are prohibited from using licensing or land use planning by-laws to control the placement or number of cannabis retail outlets in a municipality. Under Regulation 468/19, cannabis stores are permitted in zones where general retail is permitted. In South Frontenac, Urban Commercial (UC) zones and Rural Commercial zones (RC) permit general retail outlets. Attachment 2 is a map that outlines the location of properties zoned Urban Commercial outside of the 150m buffer from schools. Where municipal government has not opted out of permitting retail cannabis stores: 1

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REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT 

   

Alcohol and Gaming Corporation of Ontario (AGCO) will license operators, approve store sites proposed by licensed operators and license cannabis retail managers to work in retail stores. Applicants post the sign for 15 days at the site of the proposed store. The Township has with a 15-day period to provide comments on a license. AGCO may not issue a Cannabis Retail Store Authorization to an applicant if it finds it is not in the public interest. Written submissions about how a retail store is not in the public interest can only be made to AGCO by: o Residents of the municipality where the store is located; o Municipality representing the area where the store is located. Note: both the upper and lower tier municipality may make a submission.

If Council choses to opt-in, it is recommended due to the short commenting time frame, to delegate the authority to comment on retail cannabis store applications to staff. It is further recommended that staff bring a subsequent report to Council that includes a policy statement to assist staff with providing comments to AGCO in line with the municipal public interest on proposals for cannabis retail stores in South Frontenac. Analysis It is broadly recognized that the legalization of recreational cannabis creates a new sector in the economy. While projections of users and sales vary, it is anticipated that the market will be sizeable. It is also expected that the market will grow over time as Canadians begin to participate as legal consumers. Opting out of permitting retail sales in the Township would mean that the only legal sources of purchase will be online or through retail outlets in neighbouring municipalities. If retail stores are not permitted in South Frontenac, any associated jobs related to retail stores will occur in neighbouring municipalities. KFL&A Public Health produced a handout that outlines a number of health considerations for Councils when considering whether to “opt-in” or “opt-out”. This document is Attachment 3 to this report. The Associations of Municipalities of Ontario have produced as series of documents to assist municipalities with understanding the regulatory framework for the regulation of cannabis in Ontario. Attachment 4 is a briefing for municipalities about the Ontario Recreational Cannabis framework. Options: Under the Cannabis Licence Act, 2018, Council has two options related to licensed private cannabis retail stores:

Permit private cannabis retail stores, subject to the licensing process overseen by the AGCO, by “opting in”.
Decide to not permit private cannabis retail stores by “opting-out”. This option requires Council to pass a resolution and provide it to ACGO by no later than January 22, 2019. This is the only option for the Township to prohibit licensed private cannabis retail stores from being located within the Township. If Council opts-out of allowing cannabis retail stores initially, it can chose to opt-in at a later date. Once opted in, that decision is then final. FINANCIAL/STAFFING IMPLICATIONS: 2

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REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT South Frontenac will incur costs (increased enforcement, increased response to public inquiries, increased emergency services, and by-law/policy enforcement) associated with cannabis legalization regardless of the presence of retail storefronts. The Ontario government has committed $40 million over two years to help municipalities with implementation costs. If opting out of the retail model, communities will only receive $10,000 of funding. It is unclear if there will be additional funding for those municipalities who chose to “opt-in” at a later date. In addition, if the Province of Ontario’s portion of the revenue from recreational cannabis exceeds $100-million in the first two years of legalization, the Province will provide 50 per cent of the surplus to be divided only amongst municipalities that have opted-in to the private cannabis retail store regime. SUMMARY After reviewing all of the information available, and in the absence of previous Council direction on this matter, staff recommends Council give consideration to “opting in” to permit private cannabis retail stores in South Frontenac, for the following reasons:   

in the absence of a legal retail option for recreational cannabis users it is anticipated that there may be negative consequences through the illicit cannabis market; there are potential economic benefits of having private retail cannabis stores in South Frontenac; and having access to additional funds from the Province of Ontario will help the Township with expenses that will be incurred as a result of the legalization of recreational cannabis.

ATTACHMENTS: Attachment 1 - Timeline for Legalization and Retail Cannabis Stores Attachment 2 - Urban Commercial Properties Locationed Outside 150m School Buffer in South Frontenac Attachment 3 - KFL&A Public Health Cannabis Retail Outlets Attachment 4 - AMO Cannabis Briefing-Municipal-Governments-in-the-Ontario Prepared and Submitted by: Claire Dodds, Director of Development Services Approved by: Wayne Orr, CAO

Page 30 of 111 Attachment ?: Timeline for Legalization of Cannabis and Private Retail Stores in Ontario

Source: https://www.ontario.ca/page/cannabis-legalization

Prince Charles Public School

Ve r o n a

Harrowsmith Sydenham n

Loughborough Public School Sydenham High School

Harrowsmith Public School

St Patrick Catholic School

Perth Road Public School

Legend n

Battersea

Schools

150 M Buffer of School

Urban Commercial (UC) Zone Hamlet

Waterbody

Storrington Public School

Page 31 of 111

Roads

What’s in Store for Cannabis?

Page 32 of 111

Cannabis Retail Outlet Considerations for KFL&A Municipalities On October 17, 2018, the Ontario Government passed legislation that privatized the cannabis retail model. The newly enacted Cannabis License Act, 2018 sets the Alcohol and Gaming Commission of Ontario (AGCO) as the regulator of cannabis retail outlets, and the Ontario Cannabis Retail Corporation (OCRC) as the exclusive wholesaler and online retailer of cannabis in Ontario. The first retail stores are to be operational on April 1, 2019. In the interim, the public can purchase cannabis from OCRC’s online store. Retail applications to the AGCO will be received starting December 17, 2018. Municipalities must declare by January 22, 2019 whether they will opt-out of privatized retail outlets in their communities. To opt-out, municipal councils must provide a notice of resolution to opt-out to the Registrar no later than January 22, 2019. Opting out is a one-time option for municipalities, however, those that choose to opt out may opt-in at a later date. If a council does not opt out, cannabis retail outlets will be permitted. The recently released Ontario Regulation 468/18 made under the Cannabis Licence Act, 2018 governs private cannabis retail in Ontario and sets out requirements regarding retail store authorizations and operations. For example, minimum distances between a retailer and a school has been set at 150 metres and hours of operations are between 09:00 and 23:00. The Ontario government indicated that municipalities are prohibited from using licensing or land-use by-laws to control the placement or number of cannabis retail outlets. Municipalities are also prohibited from passing a by-law providing for a licencing system for cannabis retailers. The Government of Ontario’s response to the federal government’s legalization of cannabis is a phased approach and information is still emerging. The decision to introduce retail outlets into your municipality may be difficult, particularly in the absence of a complete understanding of community impacts of allowing stores within a municipality. Municipal councils may want to include considerations from a public health perspective in their deliberations on the issue.

Is your Municipal Council considering HAVING cannabis retail outlets in your community? You may want to consider the following:

The physical availability of a legal substance matters. Research shows that increased availability and exposure of substances, such as alcohol and tobacco, increases related harms; for example: • High retail outlet density can contribute to increased consumption and harms. 2 • Retail outlet proximity to sensitive use spaces increases normalization among sensitive populations. 3,4 • Retail outlet proximity to other substance retail outlets shows increased number of traumas. 3 • Longer retail hours significantly increase consumption and related harms. 2 Municipalities are prohibited from using licensing or land-use by-laws to control the placement or number of cannabis retail outlets. At this time, it is unclear if municipalities will be able to enact more restrictive by-laws controlling other aspects of the physical availability of cannabis, such as minimum distance requirements between cannabis retail outlets and other substance retailers; the number of outlets in a neighbourhood; proximity to other sensitive use spaces; and restricting retail hours.

The Government of Ontario has committed $40 million to help with cannabis legalization implementation, with some conditions. The bulk of provincial funding for municipalities is tied to not opting out. The Ontario Government has committed $40 million over two years to help municipalities with implementation costs, with municipalities receiving at least $10,000. A municipality that has not opted out would receive additional funds on a per household basis. Furthermore, if Ontario’s portion of the federal excise taxes exceed $100 million in the first two years, the province will provide 50% of the surplus only to municipalities that have not opted out.1, 5

2018-11-13

Is your Municipal Council considering OPTING OUT of cannabis retail outlets? You may want to consider the following:

Page 33 of 111

A central tenet of the Cannabis Act is the curtailing of the illegal cannabis market. Opting out may not decrease cannabis use and its impact on the community, rather it will maintain the demand on the illegal market. Some consumers will access cannabis through legal sources, however, in the absence of retail outlets the demand for the illegal cannabis market will remain.

The retail system provides access to regulated and controlled cannabis products. Some marginalized groups will not be able to access regulated products (e.g., individuals without a physical address, a credit card or access to transportation). These marginalized groups will be pushed to utilize the illegal cannabis market, creating a demand for the illegal market; as well as putting them at risk of unregulated products and the risks associated with these products such as, unknown potency, lacing with other substances, chemicals and mould.

The Government of Ontario has committed $40 million to help with cannabis legalization implementation, with some conditions. Municipalities will incur costs associated with cannabis legalization regardless of the presence of retail storefronts in their communities. Municipalities should consider how they will fund the costs and manage the risks associated with cannabis legalization. The Ontario Government has committed $40 million over two years to help municipalities with implementation costs. If opting out of the retail model, communities will receive only $10,000 to help with associated costs. Furthermore, they will not be able to access additional funding at a later date as communities that have opted out will not receive a portion of surplus excise taxes, should some be available in the first two years of legalization. 1

Opting out will allow municipalities to fully understand the regulations and funding prior to committing to retail outlets. Opting out now and approving retail outlets at a later date will allow for time to develop business regulations, further clarify municipalities role and responsibilities as information emerges, and to prepare for the edibles market. It is unknown if municipalities will receive funding if they choose to opt-out now and decide later to host retail storefronts in their communities.

References

Moving Forward with Cannabis Retailing: Technical Briefing September 28, 2018. [Internet]. Ontario: Ontario Government; 2018. Available from https://www.amo.on.ca/AMO-PDFs/Cannabis/Cannabis-Technical-Briefing-Deck-Sept-27-2018-pdf.aspx
Facing Addiction in America: The Surgeon General’s Report on Alcohol, Drugs, and Health. [Internet]. U.S. Department of Health and Human Services (HHS), Office of the Surgeon General; 2016. Available from https://addiction.surgeongeneral.gov/sites/default/files/surgeon-generals-report.pdf
Alcohol policy review: opportunities for Ontario municipalities. [Internet] Developed for Wellington-Dufferin Guelph Health Unit, Durham Region Health Department and Thunder Bay District; 2018. Available from http://opha.on.ca/getmedia/4e8f860f-6e34-40369fa6-a1311a35852e/Alcohol-Policy-Review-Full-Report-Final.pdf.aspx

OPHA Issue Series: Alcohol Marketing & Advertising. Strategies to Reduce Alcohol-Related Harms and Costs in Ontario. [Internet]. Toronto: Ontario Public Health Association; 2015. Available from http://opha.on.ca/getmedia/23a643ff-6899-4846-920f7440631c92ac/Marketing-Advertising-Alcohol-OPHA-Issue-Series-2015.pdf.aspx

Backgrounder: Cannabis Statue Law Amendment Act, 2018. [Internet]. Ontario Newsroom; Ministry of the Attorney General; September 27, 2018. Available from https://news.ontario.ca/mag/en/2018/09/cannabis-statute-law-amendment-act-2018.html

Page 34 of 111

AMO Contact:

Craig Reid, Senior Advisor P: (416) 971-9856 ext. 334 | E: creid@amo.on.ca October 3, 2018

Briefing: Municipal Governments in the Ontario Recreational Cannabis Framework What Ontario Municipal Governments Need to Know About What Has and Has Not Changed Introduction

Ontario’s Approach:

In 14 days, it will be legal in Canada to possess or use cannabis subject to certain limits. The federal government amended the Criminal Code to enable Canadians to buy, sell and consume cannabis and cannabis products. Under federal legislation, Health Canada administers the licensing regime for recreational cannabis growers. These licensed producers serve as the sole source of legal recreational cannabis in Canada. The federal framework includes rules regulating grow operations as well as the advertisement and promotion of cannabis, which is strictly controlled to protect youth.

The key proposed amendments in Bill 36 are:

Under federal legislation, provinces are responsible for establishing wholesale and retail distribution systems. Jurisdiction over rules regarding where individuals can consume cannabis also resides with the provinces. n

i) to allow private sector retail stores where a municipal government has not opted out of retail sales; ii) establish the Alcohol and Gaming Commission of Ontario (ACGO) as the retail store licensing body and iii) align cannabis consumption rules with tobacco places of use under the Smoke Free Ontario Act. For a breakdown of changes proposed by the legislation, click here. n

Municipal Governments in the Ontario Recreational Cannabis Framework

Page 35 of 111

Retail Distribution on 17.10.18: Ontario residents will be able to order cannabis legally from the Ontario Cannabis Retail Corporation (OCRC) starting October 17, 2018. The OCRC will be the only legal distributor for wholesale cannabis to retailers and the on-line retailer to the public. Delivery is conditional on the person ordering and receiving the cannabis product being an Ontario resident and 19 years of age or over. Identification is required. Packages cannot be left unattended in a building or home. n

Places of Use: If Bill 36, as proposed, becomes law on October 17, smoking recreational cannabis will be legal where tobacco consumption is permitted under the Smoke Free Ontario Act. It is illegal to smoke tobacco in enclosed workplaces, restaurants, bars and patios, schools, near playgrounds and publicly owned sports facilities and other locations. Municipal governments can also enact stricter by-laws on places to smoke in their communities. This allows municipal governments to reflect community preferences for the safety of residents and to balance public enjoyment of the community. However, in considering stricter requirements, municipal governments should also consider the cost of enacting locally determined rules and how they will be enforced. n

Take Away: The proposed rules governing where it is legal to smoke cannabis are changing. Public Health Units enforce the SFOA smoking rules. Municipal governments can pass stricter smoking by-laws but will need to consider cost and enforceability.

Provincial Licensing of Retail Stores: The new legislation authorizes the Alcohol and Gaming Commission of Ontario (AGCO) to license and regulate private cannabis retail in the province. The AGCO will establish processes for Retail Operator Licensing and Retail Store Authorization for retail cannabis stores in communities where municipal governments have not opted out. The AGCO and police will also be responsible for inspections and enforcement of the Act. Municipal official plans, zoning approvals and licensing by-laws will not apply. The AGCO has three licensing functions: •

The AGCO will be responsible for licensing cannabis Retail Store Operators. Licensing will be subject to criminal and financial eligibility checks. The AGCO is aiming to open the application process for store operator licenses in December 2018.

•

Once a specific cannabis retail site has been proposed, the AGCO will be responsible for determining and granting Retail Store Authorization.

•

The AGCO will also license Cannabis Store Retail Managers employed in senior positions at retail locations.

The AGCO will charge fees to cover the cost of administering of the licensing and retail store authorization processes. The AGCO will provide municipal governments and the public with a 15-day notification period of a proposed store site to receive public input and hear concerns from the local community. Under the proposed law, the AGCO will consider comments from both the lower and upper tier municipality. The public notification of a proposed cannabis retail site will also be posted on the building and on the AGCO’s website.

Municipal Governments in the Ontario Recreational Cannabis Framework

Page 36 of 111 Further details as to how the public notification process will work are not yet available. In providing comments, the Bill says municipal governments must have regard to the needs and wishes of residents. AMO is seeking clarity on what this means since cannabis retail siting is exempt from typical land use planning processes. Store locations will need to observe a minimum distance from schools. This distance will be specified in regulation. AMO is seeking clarity on how other local sensitive uses will be considered by the AGCO in its decision-making process. There is no cap on the number of storefronts, leaving it to market demand to decide locations and the number of stores. However, there is regulatory flexibility in the Act to set concentration limits to ensure one or a few operators do not dominate the retail market. It is unclear if a cannabis retail store would need to be located within a municipal commercial zone where retail is a permitted use or in any zone where retail is permitted. AMO had hoped that municipal governments would have greater opportunity to influence store locations to protect other sensitive sites and the density of stores in their communities. This is an ongoing interest of municipal governments and will form part of AMO’s continuing work, including engagement on regulatory development. The first retail stores are to be operational April 1, 2019, after all licenses and authorizations are in place. It is presumed that all store locations will be required to be compliant with the Ontario Building Code and Fire Code. n

Take Away: The AGCO will license operators, approve store sites proposed by licensed operators and license cannabis retail managers to work in retail stores. Where municipal governments have not opted out, a 15-day notice period will allow comments from the public and municipal governments. Regulations will set minimum distances from schools for retail locations. The government may also pass regulations to control market concentration of a single retail operator or corporation. At this point it is unknown whether local zoning compliance will be needed for site approval. AMO will continue to seek opportunities for municipal influence over store locations and density.

Municipal Opt Out of Cannabis Retail: Municipal governments (defined in the Act as a local municipality) have a one-time opportunity to opt out of cannabis retail in their communities. There is no time period for a local municipality to opt back in via resolution. If the opt out is reversed by a municipal government, that decision is final. To opt out, municipal councils must pass a resolution by January 22, 2019 stating they do not wish to host cannabis retail stores in their communities. The resolution must be sent to the AGCO. The AGCO’s receipt of this resolution will automatically cancel any outstanding applications for a storefront in the municipality. The AGCO will keep a public list of communities that have opted out of hosting cannabis retail

Municipal Governments in the Ontario Recreational Cannabis Framework

Page 37 of 111 stores. Operators will not be able to propose a store location or locations in those communities. The Minister of Finance will track municipal governments who opt out as this may impact the distribution of funding to help with costs. n

with additional fines per day that the offence continues).These fines are levied under the Provincial Offences Act (POA). If successfully prosecuted and collected, the fine is paid to the municipal government. n

Take Away:

Municipal governments can opt out of hosting recreational cannabis retail storefronts in their communities by January 22, 2019 by sending a resolution to the AGCO. This opt out can be reversed but any decision to opt in is final.

The first legal cannabis retail storefronts will open on April 1, 2019. To be eligible to receive an operator license, current illegal dispensaries must close before October 17. Any stores operating in Ontario without AGCO licenses are illegal and subject to police enforcement and prosecution.

Opting out may affect the portion of cannabis excise tax funds a municipal government is eligible to receive.

POA fines apply.

Illegal Storefronts - Dispensaries: Recreational cannabis is illegal until October 17, 2018. In Ontario, cannabis retailers MUST have AGCO operator licenses, site authorizations and employ authorized staff. They must also display a seal. To be eligible for AGCO authorizations, current illegal cannabis retailers will need to shut down prior to October 17, 2018. They may then apply for a retail operator license unless charged under federal or provincial cannabis legislation that comes into effect October 17. This may impact the closure of current illegal dispensaries without police intervention. Unauthorized sales of cannabis are subject to significant POA fines (up to $250,000 for individuals and $1,000,000 for corporations, with additional fines per day that the offence continues) and police can issue closure orders to prevent unauthorized retail sites from reopening. Landlords can also be charged for permitting their property to be used in contravention of the Act (up to $250,000 for individuals and $1,000,000 for corporations, Municipal Governments in the Ontario Recreational Cannabis Framework

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Enforcement: Police will enforce the federal and provincial cannabis legislation. The federal government has provided funds to police forces for training and the Ontario government has worked with Ontario Provincial Police and municipal police forces to increase the number of officers trained in the Standard Field Sobriety Test and as Drug Recognition Experts. The AGCO will enforce licensing, renewals and adherence to any conditions. This will include inspections of store operations, the financial practices of the operators, ensuring licensed personnel are working in stores as required and discharging their duties appropriately, ensuring rules regarding sales are followed, etc. Contravention of provincial and federal requirements and laws can result in the revocation of operator licenses. Public Health Units enforce the SFOA currently and deal with places of use for tobacco. Cannabis use enforcement will be added to these duties since the locations will be the same as now, unless municipal governments pass stricter smoking by-laws. Passing and enforcing stricter local smoking by-laws may increase local public health unit budgets for municipal governments. Bill 36 includes provisions for municipal government councils to request that the Minister authorize in writing for local by-law enforcement officers to enforce the Act. This may be a preferred option longer term for new councils to consider after learning more about the transition impact of legalization.

promotion and advertising also have the effect of banning cannabis promotion through mass advertisement channels because of youth access to these mediums. Section 23 of the federal Cannabis Act also pertains to the display of advertisements and could impact municipal governments who display third party ads. Fines and penalties can be levied against an entity for disseminating prohibited cannabis promotions. Where municipal governments own advertising vehicles (such as transit ads or street furniture, etc.) they may wish to consider prohibiting advertising related to this activity. n

Take Away: Police forces will enforce road safety and illegal storefronts. The province has provided training to police officers and is working to expand Drug Recognition Expert training. Public Health Units will enforce smoke free Ontario rules. AGCO will inspect, investigate and enforce rules for registered operators and stores, including financial practices and illegal activities, if any. Federal cannabis advertising rules are strict. Municipalities should ensure that their policies for transit and other municipal advertising channels are in line with these requirements.

The federal Cannabis Act strictly controls the operations of licensed growers as well as the advertising and promotion of cannabis. Growers must adhere to strict security requirements and seed to sale tracking of their products under the terms of Health Canada registration. Rules and regulations regarding Municipal Governments in the Ontario Recreational Cannabis Framework

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Municipal Funding: The transition to legal recreational cannabis will impact local services and municipal government functions including: policing, public health, bylaw enforcement and potentially paramedic services. To help manage these municipal impacts, the provincial government has confirmed that it will honour its commitment to provide municipal governments with $40 million of Ontario’s portion of the federal excise tax on cannabis with a 50/50 provincial-municipal split if Ontario’s revenues exceed $100 million in the first two years. The commitment is: •

$40 million over two years to municipal governments.

•

At least $10,000 for each municipal government with $5,000 distributed to all municipalities as soon as possible. Another $5,000 will be distributed in 2019.

•

For municipal governments allowing stores, additional funding will be distributed on a per household basis. The province will also maintain a contingency fund to support additional and unanticipated costs.

Clearly, the provincial funding provides an incentive to municipal governments to allow private cannabis retail in their communities. There has been a sense that the federal excise tax amount will not cover provincial or municipal costs. Legal recreational cannabis is new to everyone. Some costs may increase such as nuisance calls, while others, such as police enforcement, may decrease. At this point, we do not know the impact. AMO urges municipal governments to track costs for additional work relating to the transition to legal recreational cannabis so data is available to protect local finances and services. n

Take Away: All municipal governments will receive at least $10,000 to help transition to legal recreational cannabis in our communities. Communities that decide to allow retail storefronts will receive $10,000, plus per household funding, and will be eligible for a share of 50 per cent of the surplus funding if the province’s share of federal excise tax exceeds $100 million in the first two years. Municipal governments must track additional expenditures related to legalized recreational cannabis.

Licensed Producers and Medical Cannabis: Cannabis growing operations are licensed by Health Canada for medical and recreational cannabis products. It is also legal for residents to grow up to four plants per residence for personal use. Medical cannabis users will continue to access cannabis in the same way as they do now. For some, that means that they order from licensed producers and Canada Post delivers their cannabis. Others grow their own for their personal medical use. Others still designate growers to provide the cannabis they need to manage their medical needs. It is anticipated this will continue, though some current and future patients may elect to get their cannabis from the recreational market if their specific requirements are met. The courts have upheld access to medical cannabis, including through designated growers. As proposed, Bill 36 will also allow cannabis growers licensed by Health Canada to apply to operate one retail facility at a growing location.

Municipal Governments in the Ontario Recreational Cannabis Framework

Page 40 of 111 This responds to the desire of cannabis producers to have vertically integrated cannabis operations. AMO understands this may function somewhat like retail operations at Ontario wineries and breweries. AMO’s Board has sought greater control for municipal governments over cannabis growers to ensure community concerns can be acted upon, such as through planning and licensing controls. For municipal governments that may be challenged working with some of these growers, we advise continued engagement and monitoring through the transition period. n

Take Away: It is illegal to grow more than four plants per residence. Medical cannabis users are able to continue accessing cannabis in their currently preferred method(s). In some communities, there may be concerns about conflicts between some growers and their neighbours. The courts have upheld this activity as part of a patient’s right to access medicine. Licensed Producers in Ontario will be able to open one store at one location to retail their products.

Next Steps: Municipal governments do not need to rush to make an opt-out decision. They have until January 22nd at the latest. Our advice is for new councils (post municipal election) to wait to have a full understanding of the legislative authority (once it is passed), the content of regulations (yet to be tabled) and an understanding of the AGCO’s process for dealing with retail store licenses and store authorizations before making a decision to opt out. AMO is preparing to present to the Standing Committee reviewing the legislation on municipal concerns and challenges and seek any amendments deemed necessary. Municipal governments that have suggested amendments are urged to get in touch with AMO ASAP. AMO is committed to advocating for municipal interests and providing as much assistance to members to facilitate local decision-making. Aspects of this will become more apparent over the coming weeks. AMO encourages municipal officials to bookmark the AMO website to keep up to date, and to reference other information. n

Municipal Governments in the Ontario Recreational Cannabis Framework

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REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE: SUBJECT:

December 18, 2018 Membership and Composition of the South Frontenac Committee of Adjustment

RECOMMENDATION: That Council consider the options outlined in the report regarding the composition of the Committee Adjustment and provide direction to staff as to the preferred option prior to advertising or appointing committee members. AND that Council direct staff to prepare a terms of reference for the South Frontenac Committee of Adjustment. BACKGROUND: The Ontario Planning Act grants authority to local municipalities to establish a Committee of Adjustment. A Committee of Adjustment is a delegated approval authority for minor variances and land severances/consent. The Planning Act gives Committees of Adjustment the authority to make decisions on:  minor variances from the Zoning By-law  permission to alter or change a lawful non-conforming use of land  consent (consent means “approval”) to sever land (divide a parcel of land into more than one lot)  consent to register a mortgage over part of a property  consent to register a lease over part of a lot for more than 21 years  validation of land title when there has been an error in the description of land COMMITTEE RELATIONSHIP TO COUNCIL The Committee of Adjustment is appointed by Council but it is an independent committee unto itself with powers and authority under the Planning Act. The Committee of Adjustment must ensure that the intent and purpose of both the Township’s Zoning By-law and the Official Plan are maintained, and that the proposal is appropriate for the development and use of the subject land or building. In addition, for minor variances it must be shown that the variance is minor in nature. The situation may arise where Council may not be in agreement with the decision of the Committee. While rare, Council may choose to appeal the Committee’s decision to the Local Planning Appeal Tribunal where Council feels that the intent of the Official Plan (and zoning by-law) are not being met. CURRENT COMMITTEE MEMBERSHIP Section 44 of the Planning Act permits a Council to appoint a Committee of Adjustment of persons it considers advisable. The South Frontenac Committee of Adjustment currently includes: • four members of Council (one from each District); and • four members of the public (one residing in each of the Districts). The Planning Act establishes that citizen members of the Committee shall hold the office for the term of the Council (4 years). Members of the Committee who are Councillors must be appointed annually by Council. Our strength is our community.

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REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT Appointments to the Committee should be made by by-law at the first Council meeting In January 2019. Members of the public who are appointed cannot be removed (except on their own volition) until the end of the term of the committee (4 years). The appointment of a new Committee of Adjustment creates an opportunity for Council to revisit the current composition and membership of the Committee. ANALYSIS: Consideration of Options for Committee of Adjustment Composition The Planning Act requires Council to appoint a Committee with three (3) or more members. Where a Committee is comprised of more than three (3) members, three members are considered quorum. The Planning Act contemplates that the Committee of Adjustment may be comprised of Council members and citizen members. It provides no direction as to how the membership of the Committee should be comprised, leaving that decision to local Councils through the appointment of Committee of Adjustment. Prior to considering the advertisement and appointment of the South Frontenac Committee of Adjustment, there is an opportunity for Council to consider the composition and structure of the Committee. To provide some regional context for Council, planning staff undertook research of the current (2018) composition of Committee of Adjustments in surrounding municipalities. Committee of Adjustment Composition in Surrounding Municipalities Municipality

Number of Members

City of Kingston (7 members) Frontenac Islands Central Frontenac North Frontenac

7 members (2 rural + 5 urban) same as council same as council Information not available 7 members not available 5 members 3 members 3 members

Loyalist Greater Napanee Stone Mills Tay Valley Leeds and Thousand Islands

All citizen (public) members X

All Council Members

X X X X X X X X

Other jurisdictions have chosen under the authority of the Planning Act to delegate the authority of committee of adjustment to staff, particularly for consent approvals where no public objection is files. This approach is used in the United Counties of Stormont, Dundas and Glengarry, as well as the City of Kingston. Based on staff research, the only committee that specifically sets out geographic representation is the City of Kingston stipulating an urban/rural split in representation. Committees that are comprised of all Council members inherently have geographic representation through the ward/district representation system. Our strength is our community.

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REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT Based on the review of the structure of surrounding Committee of Adjustments, South Frontenac’s structure having 50% Council membership and 50% citizen membership is unique. It is also unique that there is representation of one councillor and citizen member from each of the 4 Districts. There are advantages to the district structure in South Frontenac as it is useful to ensure equal geographic representation across the large and varied geography of the Township. That said, the focus on geographic representation may lead to members being primarily focused on the applications in their District, rather than equally review and consider in all areas of the Township. South Frontenac Committee of Adjustment Applications Summary Compared to surrounding municipalities, South Frontenac has a high volume of both consents and minor variance applications. The volume of applications can be attributed to the number of lakefront properties that are developed/redeveloped, the dominance of a rural designation that permits 3+1 retained lot creation policy and the growth pressures extending north from the City of Kingston. There is also growing interest in the conversion of seasonal recreational cottages into more permanent year round homes, and significant interest from outside the local area in purchasing and developing property in the Township. The land use policy changes in surrounding municipalities has also led to increase in interest in acquiring land in South Frontenac for development purposes. In 2018, of the 99 consent applications submitted, 59 were for the creation of a new residential lot, 31 were for a lot addition and 10 were for the creation of an easement. The chart below outlines the number of applications processed over the past 4 years by the South Frontenac Committee of Adjustment. Consents Minor Variances

2015 75 31

2016 68 43

2017 63 50

2018 99 32

The volume of applications and the time commitment to review the applications is something that Council should consider when looking at member composition of the Committee of Adjustment. At present the current Committee of Adjustment meets 11 time a year, meeting monthly with the exception of January. The meetings are generally the 3rd Thursday of the month. On average there are 10-15 applications to consider at each meeting. Terms of Reference Planning staff noted that the current Committee of Adjustment does not have a terms of reference. Planning staff are seeking Council direction to prepare a terms of reference for the South Frontenac Committee of Adjustment. A sample terms of reference is attached. FINANCIAL/STAFFING IMPLICATIONS: Both Council member and citizen members receive mileage and a per diem for attending meetings. Staffing implications are not impacted by the composition of the Committee of Adjustment

Our strength is our community.

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REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT SUMMARY OF OPTIONS: Based on the analysis outlined above, staff suggest 3 options for Committee of Adjustment Composition:

Committee of Adjustment be comprised of all Council members with Committee of Adjustment meetings continuing to be scheduled on a separate night from Council meetings;
Committee of Adjustment be comprised of all citizen members, with consideration to equal geographic representation from the 4 Districts; or
Continue the existing composition with 4 members being from Council and 4 citizen members, with equal District representation. ATTACHMENTS: Attachment 1 - Sample Terms of Reference for Committee of Adjustment Submitted/approved by: Claire Dodds, Director of Development Services Prepared by: Claire Dodds, Director of Development Services

Our strength is our community.

Page 45 of 111 SAMPLE TERMS OF REFERENCE COMMITTEE OF ADJUSTMENT PURPOSE

This document shall constitute the terms of the reference for the Township of _______________________ Committee of Adjustment. Committee of Adjustment is a quasi-judicial body with authority delegated to it by the Township of ___________________, under the provisions of the Ontario Planning Act, to hold public hearings to make decisions on applications for:  Minor variances and alterations in legal non-conforming uses  Consents (severances) OPERATION The Committee of Adjustment considers and may authorize minor variances from the zoning by-law, review and permit extensions and enlargements to legal non-conforming uses and can grant consent for severances. These decisions are made considering the following:

Applications for Minor Variances where a requirement of a Zoning Bylaw cannot be met under Sections 44 and 45 of the Planning Act; consider the following “four tests”:  Whether the variance is minor  Whether the variance is desirable for the appropriate development or use of the land  Whether the general intent and purpose of the Zoning By-law is maintained  Whether the general intent and purpose of the Official Plan is maintained.
Applications for permission, which deal with the enlargement or extension of a building or structure that is legally non-conforming or for a change in non- conforming use: 

Extension of a non-conforming use does not need to comply with the four tests.

Applications for Consent to Sever a property or for any agreement, mortgage or lease that extends for more than 21 years under Section 53 of the Planning Act:  Must have regard to the same matters as for a Plan of Subdivision when considering an Application for Consent;  Committee may impose conditions to the approval of a severance.
Applications for Validation of Title and Power of Sale;
Having regard to Provincial Policy Statements (PPS) (the Planning Report will highlight issues or concerns regarding the PPS);

Following the Township of South Frontenac Procedural By-law (this Act governs how the committee operates, conducts votes etc.).

A ‘notice of the decision’ is circulated following the meeting and all Committee of Adjustment decisions made under the Planning Act are subject to appeal to the LPAT. The

Page 46 of 111 SAMPLE TERMS OF REFERENCE COMMITTEE OF ADJUSTMENT PURPOSE Committee must also satisfy requirements concerning notice, public hearings, notice of decisions and recording of proceedings. HEARINGS The goal of the Committee of Adjustment is to provide for and conduct a fair hearing by:  Allowing anyone wishing to speak to an application an opportunity to do so.  Giving due diligence to the consideration of each application.  Openly having all discussions about each application and making all decisions in public at the hearing.  Making rational decisions with appropriate, well-thought-out conditions.  Clearly stating the reasons for their decisions. MEETING SCHEDULE & LOCATION 

Committee of Adjustment public hearings are scheduled to be held the third Thursday of each month with the exception of January, unless directed by Council. Meetings will be held in the Township Council Chambers.

ORGANIZATION Membership, Appointment, Term of Office, Quorum, Voting  Committee of Adjustment is composed of ______________________________.  Committee Members elect a chair and vice-chair.  Three members constitute a quorum for consent, minor variance, and legal nonconforming use applications. Section 44(5) of the Planning Act states “that where a Committee is composed of three members, two members constitute a quorum, and where a Committee is composed of more than three members, three members constitute a quorum.”  Voting is by simple majority on the application. A tie vote means the application is refused. QUALIFICATIONS 

  

An understanding of planning framework and planning instruments, including Township Official Plan, zoning by-laws and other by-laws for controlling development and planning policies in the Province of Ontario, including the Planning Act, policy statements, implementation guidelines and Provincial plans. Organized, available and committed to conduct site inspections of all subject properties and attend all Committee meetings and training sessions. Objective and have an open mind in order to fully consider the evidence provided. Access to a computer and an e-mail address in order to receive and respond to Committee communications and information, including hearing and application notices and agenda packages.

Page 47 of 111 SAMPLE TERMS OF REFERENCE COMMITTEE OF ADJUSTMENT PURPOSE DUTIES AND RESPONSIBILITIES Chair  Presides at all Committee of Adjustment hearings and meetings and exercises authority and performs duties as required.  Provides guidance and leadership to the committee in the completion of its mandate.  Ensures that decorum is maintained at each hearing and meeting and that rules of procedure and conduct are observed. Vice Chair  Acts in the Chair‘s absence and assumes the roles and responsibilities of the Chair. All Members  Review applications sent to them in advance of the hearing.  Visit the site of each application prior to the hearing.  Attend Committee of Adjustment hearings, consider applicant, agency and public comments, make decisions in public regarding applications and sign the decisions.  Contribute time, knowledge, skill and expertise to the fulfillment of the Committee mandate.  Are cognizant of any conflict of interest or perceived conflict in terms of issues that may serve to benefit them personally.  Act to protect the privacy of individuals with respect to personal information contained in application forms and information circulated to the Committee and to ensure that personal information is used solely for the processing of the application. Administrative Support Staff Secretary-Treasurer (non-voting position)  Responsible for all Committee of Adjustment administrative duties.  Review all applications for processing  Distribute the agenda  Distribute a public notice  Record and circulate the minutes  Issue decisions  Follow up on any questions and/or concerns from the Committee members and public. Planner (non-voting position)  Act as subject matter expert and provide information to assist the Committee of Adjustment in reaching decision.

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Report to Council Development Services Department - Planning Report Date: December 11, 2018

Council Agenda Date:

December 18, 2018

Application No: Owner: Location of Property:

Z-18/18 Wills & Boone 3967 Greenfield Road Concession 3 Part Lot 17, RP 13R9478; Part 1, Loughborough Lake, District of Storrington, South Frontenac Purpose of Application: Rezone from Rural (RU) to Rural Site Specific Zone (RU-55) Date of Public Meeting: December 4, 2018

Recommendation It is recommended that By-law 2018-79, rezoning Concession 3 Part Lot 17, RP 13R9478; Part 1, Loughborough Lake, District of Storrington, South Frontenac from Rural (RU) to Rural-Site Specific Zone (RU-55), be passed.

Proposal The proposal is to rezone the property from Rural (RU) to Rural Site Specific Zone (RU-55) to permit a second residential unit to be constructed in an accessory building. The subject property is 12 acres in size with 755 feet frontage on Loughborough Lake and is developed with an existing single detached residence. The applicants propose to convert an existing 22ft x 33 ft garage into living space by adding a kitchen, bedroom and living room. The second residential unit is proposed accommodation for Ms. Boone’s elderly parents.

Background The applicants, Jeff Wills and Kathryn Boone are applying to convert an existing garage on the property into a permanent second residential unit on their 12 acre property locate at the end of Greenfield Road on Loughborough Lake. Ms. Boone’s parents recently sold their house and are looking to downsize but would rather live in their own home than move into a retirement residence. The applicants considered seeking permission to construct a temporary garden suite on the property but would rather have a permanent structure that could be utilized in the immediate term as a second residential unit on the property for as long as Ms. Boone’s parents need it – and then have the opportunity to convert it back to a garage and keep it on the property rather than remove the structure. The garage is situated in close proximity to the existing single detached dwelling located on the property and is tied into the main house for water and electricity. The garage is also connected into the existing septic system. Access to the garage is from the same driveway as the existing residence.

Public Meeting A public meeting was held under the Planning Act on December 4, 2018. provided from Council or members of the public.

No comments were

Summary A comprehensive report reviewing this zoning by-law amendment against the policies of the Provincial Policy Statement, 2014, the County of Frontenac Official Plan and the South Frontenac Official Plan was provided to Council in advance of the December 4, 2018 public meeting. As this rezoning is consistent and conforms to the Provincial Policy Statement, 2014, the County of Frontenac Official Plan and the South Frontenac Official Plan and Zoning By-law, it is recommended Council approve this application by passing the attached by-law.

Submitted/approved by: Claire Dodds, Director of Development Services, Township of South Frontenac Attachments: Z-18-18 (Wills & Boone) By-law 2018 - 79 1

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REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE:

December 18, 2018

REPORT DATE:

December 12, 2018

SUBJECT:

Road Closure and Transfer: Peck & Baxter

RECOMMENDATION: It is recommended that Council pass By-law 2018-80 to stop up, close and transfer ownership of an unopened road allowance that forms the boundary between Lot 1, Concessions X and XI in Bedford District and Lot 24, Concession XIV (Parts 1, 2 & 3, RP 13R21915) in Loughborough District, subject to a right-of-way over Part 4, RP 13R8858. BACKGROUND: A property-owner, Jeff Peck and Stephanie Baxter, has made application to purchase a portion of the unopened road allowance that runs east-west along the north side of the property near Frontenac Park. Attachment #1 shows the location of the property proposed to be enlarged by the road allowance. Attachment #2 shows and aerial photo of the road allowance relative to the Peck/Baxter property and Frontenac Park. The road allowance is aligned east to west on a peninsula of land which lies between Big Clear Lake and Milk Lake. From shore to shore the road allowance measures 251 metres and is 5,020 square meters (1.2 acres) in total area. The land is mostly scrub brush land with some mature forest cover and it is extremely steep near both shorelines. The applicant’s property and another private parcel form the south boundary of the road allowance and the Frontenac Provincial Park forms the north boundary. A private lane (Lele Lane) crosses the road allowance. Given that the road allowance leads from shore to shore and is only accessed by a private lane and private land, it appears that it would not be used as a public road in the future. Attachment #3 shows the portions of the unopened road allowance proposed to be closed and transferred to the Peck/Baxter property (Parts 1-3, RP 13R21915). The request was brought to Committee of the Whole on February 13, 218, but this portion of the road allowance was the subject of a proposal under the new Frontenac Provincial Park Management Plan to regulate all Township-owned road allowances that abut the Park so Council chose to defer a decision to close the portion of the road allowance. Negotiations regarding the Parks regulation of Township-owned road allowances were ongoing throughout 2018. A further report was taken to Council at the April 17, 2018 meeting. Correspondence dated April 9, 2018 from Ontario Park confirmed they had no objection to the closure and sale of the unopened road allowance as it improves the situation from the Park’s perspective. Further correspondence from Angela Adkinson of Ontario Parks, dated May 25, 2018, noted that they have no objection to the closure and conveyance of the entire section of the road allowance provided a right-of-way is registered to accommodate Lele Lane crossing the unopened road allowance (Part 4 on RP 13R8858 – see Attachment #4). At the April 17, 2018 meeting, Council provided direction that they were prepared to waive the requirements under the Township of South Frontenac’s Notice By-law No. 2016-73.

Our strength is our community.

Page 50 of 111

REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT By-law 2018-80 has been drafted to effect the closure and transfer of portions of the road allowance described as Parts 1-3 of RP 13R21915 and to register the right-ofway over Part 4, RP 13R8858. FINANCIAL/STAFFING IMPLICATIONS: The Township will receive $50,550.82 from the transfer and sale of the unopened road allowance. The purchaser has paid a deposit of $3000 to cover the costs incurred by the Township to stop up, close and transfer the portion of the road allowance. ATTACHMENTS: Attachment 1 - Location of Property to be Enlarged by Road Allowance Attachment 2 - Location Map of Road Allowance Attachment 3 - Reference Plan 13R21915 Attachment 4 - Reference Plan 13R8858

Prepared by: Claire Dodds, Director of Development Services Submitted/approved by: Wayne Orr, CAO/Deputy-Clerk

Our strength is our community.

Page 51 of 111

Attachment #1

Page 52 of 111

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