Council - 21 Feb 2017 - Agenda

Body: Council Type: Agenda Meeting: Regular Date: February 21, 2017 Collection: Council Agendas Municipality: South Frontenac

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TOWNSHIP OF SOUTH FRONTENAC COUNCIL MEETING AGENDA TIME: DATE: PLACE:

7:00 PM, Tuesday, February 21, 2017 Council Chambers.

Call to Order

a)

Resolution

Declaration of pecuniary interest and the general nature thereof

Scheduled Closed Session - n/a

***Recess *** - n/a

Public Meeting

a)

Resolution

b)

Application for Zoning By-law Amendment - Concession XIII, Part Lots 5 & 6, Portland

3-5

c)

Application for Zoning By-law Amendment - Concession IV, Part Lots 28 & 29; Bedford

6 - 11

Approval of Minutes

a)

Minutes of the February 14, 2017 Council Meeting

Business Arising from the Minutes

a)

Notice of Motion - Arena Board and FIT Projects

b)

Notice of Motion - Surface Treatment and Micro Surfacing

c)

Wayne Orr, Chief Administrative Officer, re: Committee Appointments

Reports Requiring Action

a)

Rick Chesebrough, Fire Chief, re; By-law to Regulate Outdoor Solid Fuel Combustion Appliances

23 - 73

b)

Louise Fragnito, Treasurer, re: Investment Reporting

74 - 75

Committee Meeting Minutes - n/a

By-Laws

a)

By-law 2017-05 - Committee Appointments

76 - 77

b)

By-law 2017-06 - Rezone Con IV, Part Lots 28 & 29, Bedford

78 - 79

c)

By-law 2017-07 - Rezone Con XIII, Part Lots 5 and 6, Portland

80 - 81

12 - 18

19 20 - 21 22

Page 1 of 97

11.

Reports for Information

a)

Accounts Payable and Payroll Listing

b)

Mark Segsworth, Public Works Manager, re: 4318 Ottawa St, Harrowsmith

c)

Mark Segsworth, Public Works Manager, re: Perth Road Fire Hall Update

Information Items - n/a

Notice of Motions

Announcements

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

Closed Session (if requested)

Confirmatory By-law

a)

By-law 2017-08

Adjournment

82 - 91 92

93 - 96

97

Page 2 of 97

REPORT TO COUNCIL PLANNING DEPARTMENT PUBLIC MEETING AGENDA DATE: February 21, 2017 SUBJECT: Review of Zoning By-law Amendment Application: Myllymaki

RECOMMENDATION It is recommended that Council hear comments from members of the public and that the attached zoning amending By-law No. 2017-07 to rezone three proposed new waterfront residential lots from Rural Zone (RU) to Waterfront Residential Zone (RW), be considered for passage.

BACKGROUND An application has been submitted to amend the Township of South Frontenac Comprehensive Zoning By-law to rezone three proposed new residential lots at Howes Lake in Portland District. The rezoning is a condition of Consent applications S-62-16-P, S-63-16-P and S-64-16-P which were given conditional approval by the Committee of Adjustment on December 8, 2016. Both the proposed new lots and the retained lot would have frontage on Hinchinbrook Road North – a maintained Township road. The subject land is shown on Attachment #1 and the configuration of the new lots is depicted on Attachment #2 hereto. The land is designated Rural in the Official Plan which permits residential development on a body of water where the primary means of access is from a public road subject to meeting minimum standards set out in the Plan. In this regard, the new lots would range in size from 3 acres to 4.5 acres and they would exceed the minimum standards in terms of lot size, waterfrontage and frontage on the road. The retained portion would still be large at approximately 24 acres and would remain zoned Rural. However the zoning by-law must be changed from Rural (RU) to Waterfront Residential (RW) on the smaller new lots to specify that their use would be residential and to recognize that they have waterfrontage and are accessed by a public road. From a planning perspective, the proposal appears to meet the intent of the Official Plan in terms the use, minimum size, waterfrontage, location and frontage on a public road. The new lane to give access is being constructed to meet Township standards. Therefore, the application is supported. All agencies commented favourably to the proposal at the consent stage. At time of preparation of this report no comments had been received from the public. FINANCIAL and STAFFING CONSIDERATIONS n/a

ATTACHMENTS Attachment #1 – shows the location of subject land Attachment #2 – shows the proposed lot layout Submitted/approved by: Lindsay Mills

Prepared by: Lindsay Mills

MyllymakiZoningReport

Page 3 of 97

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REPORT TO COUNCIL PLANNING DEPARTMENT PUBLIC MEETING AGENDA DATE: February 21, 2017 SUBJECT: Review of Zoning By-law Amendment Application: Brown

RECOMMENDATION It is recommended that Council hear comments from members of the public and that the attached zoning amending By-law No. 2017-06 to rezone a portion of land from Rural (RU) to Special Recreational Resort Commercial (RRC-42) and to rezone a proposed new waterfront residential lot from Rural (RU) to Special Limited Service Residential-Waterfront (RLSW-115), be considered for passage.

BACKGROUND An application has been submitted to amend the Township of South Frontenac Comprehensive Zoning By-law to rezone land that was the subject of applications for two lot additions and to create a new waterfront residential lot in Bedford District. The rezoning is a condition of these applications ie., Applications S-56-16-B and S-57-16-B which were given conditional approval by the Committee of Adjustment on November 10, 2016. Attachment #1 shows the location of the subject land. The subject land comprises 47.2 hectares (116 ac.) with road frontage on Browns Lane and lake frontage on Crow Lake. The proposal is for the creation of a 6.6 ac. waterfront lot with 83 metres of frontage on the lake. Creation of this lot would remove the waterfrontage portion from the retained land, thus rendering it an inland rural lot accessed by a private lane (Browns Lane). However, the Official Plan and zoning by-law do not permit inland rural lots to front on a private lane but require these rural acreages to front on, and be accessed by, a fully maintained public road. Accordingly, the above mentioned lot addition would add land from the abutting property on the south to the rural lot on the north so that it would have the minimum required frontage on a public road (Bradshaw Road). The second lot addition would add land from the north lot to the south lot (ie.,portions of land would be traded between the two lots). A desirable consequence of these lot additions would be that Bradshaw Road and Brown’s Lane would form a natural identifiable north-south boundary between the two parcels. Attachment #2 shows the proposed configuration of the new lot and the lot addition. It should also be noted that this abutting south property contains an operational resort (Brown’s Lakeview Camp). The eastern half of the lot is zoned Special Recreational Resort Commercial (RRC-42) to accommodate the permitted 40 tourist campsites, three cabins and a dwelling. However, as part of the lot additions and lot creation applications, the applicants also wish to extend the RRC-42 zoning over the west portion of the property and onto the added portion on the north. From a planning perspective this is a supportable proposal because it would eliminate the present split RU/RRC-42 zoning on the property making the zoning provisions easier to administer and allowing the permitted campsites and cabins to be located at a lower density through the whole property and, thus, further from the lakefront.

Page 6 of 97

In terms of planning analysis, all of the subject lands are designated Rural in the Official Plan which permits creation of the proposed residential lot on Crow Lake where the primary means of access is from a private lane. The Plan also permits commercial resorts that attract patrons to the rural and lakefront environment. Thus. In regards to their use, the proposed residential lot and the expanded resort conform to the intent of the Plan. Despite this, the proposed new waterfront lot does not meet the minimum standard for waterfrontage which is 91 metres (300 ft.). Still, it should be recognized that this deficient waterfrontage of 83 metres (272 ft.) already exists as a ‘gap’ between the abutting residential lots on the north and south ie., the application for the new lot is not creating this deficiency. On this basis creation of the lot is supported by Planning. It is also important to acknowledge that Crow Lake has recently been upgraded by the Ministry of the Environment and Climate Change to an “at capacity” lake trout lake meaning that the province considers that no further development should be permitted at this lake due to the potential harmful effects from phosphorus input etc., into the lake. This was recognized at the consent stage of this proposal where the Rideau Valley Conservation Authority (RVCA) commented that, although they have no objection to the lot creation, they recommend that a minimum setback of 50 metres from the highwater mark of the lake be applied for any new construction and that a minimum 90 metre setback from the lake be applied for the septic system. Attachment #3 is a copy of the RVCA letter dated November 8, 2016. From a planning perspective, the proposal appears to meet the intent of the Official Plan in terms the use, minimum size, location and frontage on a road/lane. The reduced waterfrontage for the new lot appears to be justified based on the above discussion and the extension of the special RRC-42 zone over the whole 17 hectare (42.6 ac.) parcel would allow the permitted campsites/cabins to locate further from the lake and at a more acceptable density. Thus, in summary, the application would amend the zoning by-law as follows:

1. Zone the proposed new waterfront lot to RRC-115 to recognize its waterfrontage of only 83 metres and to specify a minimum setback from the lake of 50 metres for any structure and a minimum setback from the lake of 90 metres for the septic system,
2. Extend the special RRC-42 zone onto the whole of the south parcel and onto the added portion to the north so that the whole of the lot is in one zone. All other agencies commented favourably to the proposal at the consent stage. At time of preparation of this report no comments had been received from the public. FINANCIAL and STAFFING CONSIDERATIONS n/a

ATTACHMENTS Attachment #1 – shows the location of subject land Attachment #2 – shows the proposed lot layout Attachment #3 – is a copy of the RVCA letter dated November 8, 2016. Submitted/approved by: Lindsay Mills

Prepared by: Lindsay Mills

BrownZoningReport

Page 7 of 97

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cos4@;‘r’iox aurhoprm 3889 Rideau Valley Drive, F!0. Box 399, Mano+ick, ON K4M 1A5 tel 613-692-357’ l 1-8€0'267-3504 i faX613-692'0!331 ‘, wWN.Nr3.ea

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SYDENHAM, Ontario

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Attention: Lindsay Mills

PLANNING DEPARTMiNT % ? N ,, 0 l ? ?

Subject BROWN Consent Application S-56-16 in Lot 28 arid 29 Concession 4 in Bedford ward of

South Frontenac Township (Crow Lake) at Brown’s Lane.

We have conducted site inspection of this property in the company of the owners and Health Unit and we offer the following comments within the context of;

Section 2.1 Natural Heritage (water and wetlands) and Section 3.1 Natural Hazards (flooding

and unstable lands) of the-Provincial Policy Statemerit under Section 3 of the Planning Act, Our Conservation Authority regulation 1 74-06 under Section 28 of the Conservation Authorities Act,

Rideau Lakes Study (1992) and associated Municipal Site Evaluation Guidelines, Tay River Subwatershed Report

The Proposal

The new lot proposed is to be 6.6 acres with 272 feet of waterfront, retaining 96.6 acres with 650 feet of waterfront.

The Property

Soil cover on this site is fast draining sand/gravel over shield bedrock with variable but notable areas

of-depth. Mature/maturing, stable d-eciduous forest cover dominate the site within 80-90 metres of

the w’ater. To the rear or west of the crest of slope (roughly 60-70 metres over most of the frontage) the site levels considerably to an area of less vegetation where there has been past disturbance.

Slope-to water is the most’ notable feature of the 16t, suggesting a 50 metre setback as described by the’Rideau lakes Study and Site Evaluation Guidelines-which consider the site conditions summarized above.

On a more general conditions basis, as summarized in the Tay River Subwatershed Report- Crow Lake catchr;ent summary, Crow Lake, a sensitive Lake Trout-Lake at capacity, is characterized as a lake with clear waters andafairly low nutrient levels. While the surface water is-quite alkaline, good fish- habitat should exist. Abundant aquatic vegetation may occur but the lake should generally have

good aesthetics for recreational use. jhere is some poten!ial for the aquatic ecosystem to be i’ffipacted by increasing nutrients and poor oxygen levels.

Total phosphorus content analysis shows that levels fall below O.5 mg/1, indicating that nutrients are occa-s’iona)’l’y elevated and avaijable in excess amoun’ts at the deep p6i’nt. TKN concentrations are J’

Page 1 of 2

Page 10 of 97

fairly consistent across shoreline and deep point sites, as well as year to year. The Water Quality

Index rating for Crow Lake is “Fair”, due to i’nstances of nutrient exceedaiices and slightly elevated pH (alkaline conditions).

Generally, nutrient loading, which can stimulate algae blooms and aquatic vegetation growth is not a

significant problem in these near shore areas. Water clarity sampiing shows rhat all readings have exceeded the minimum Provincial Water Quality Objective (PWQO) of 2 metres, indicating that waters are usually clear and sufficient sunlight rs ab!e to penetrate the water column to support aquatic life.

Dissolved oxygen/temperature and pH in spring and early summer typical)y have conditions for fish

habitat but as ;emperatures warm and the deeper waters-are depleted of oxygen, limiting habitat available in rate summer and early fall. R’ecommendations

Given the site conditions, mainly driven by slope to water, the RVCA recomr6ends that a 50 metre setback for disturbance development be imposed on the proposed lot through specific zonirig.

We also support the 2007 MOEE requirement for lake protection, to situate a new septic system at least 90 metres from the high water mark of the lake, although we recognize that the current zoning requirements of the Township do not impose this standard.

Piease advise us on the committee’s decision on the application or any changes in the status of the

application.

Thank you for the opportunity to comment and please do not hesitate to contact the undersigned at

(613) 267-5353 x 131 should you have any questions.

Yours truly, k.’? [?r,:r’.- Martha Bradburn RVCA Environmental Planner 613 267 5353 xl3l cc- E and D Brown

-KFLA DHU- J McGurn

Page 2 of 2

Page 11 of 97

Minutes of Council February, 14, 2017 Time: 6:00 PM Location: Council Chambers Meeting # 3 Present: Mayor Ron Vandewal, Brad Barbeau, John McDougall, Alan Revill, Norm Roberts, Mark Schjerning, Ron Sleeth, Ross Sutherland Staff: Wayne Orr, Chief Administrative Officer, Lindsay Mills, Planner, Mark Segsworth, Public Works Manager, Angela Maddocks, Executive Assistant. 1.

Call to Order

a)

Resolution Resolution No. 2017-3-01 Moved by Councillor Sleeth Seconded by Councillor Revill THAT the Council meeting of February 14, 2017 be called to order at 6:00 p.m. Carried

Declaration of pecuniary interest and the general nature thereof-n/a

a)

Deputy Mayor Roberts thanked Council and staff for the expressions of sympathy he received in his recent loss of his father and mother-in-law.

Scheduled Closed Session

a)

Resolution Resolution No. 2017-3-02 Moved by Councillor Sleeth Seconded by Councillor Revill THAT the Council meeting of February 14, 2017 move into closed session to discuss matters about an identifiable individual and property acquisition. Carried

b)

Matters about an Identifiable Individual, to be raised by Councillor Schjerning

c)

Property Acquisition

d)

Resolution Resolution No. 2017-3-03 Moved by Councillor Sleeth Seconded by Councillor Revill THAT Council move out of closed session. Carried

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

Public Meeting - n/a

Delegations

a)

Resolution

Page 12 of 97

Page 2 of 7 Minutes of Council February, 14, 2017 Resolution No. 2017-3-04 Moved by Councillor Sleeth Seconded by Councillor Revill THAT Council suspend the procedural rules limiting delegations to Committee of the Whole meetings and receive delegations at the Council Meeting of February 14, 2017. Carried b)

Mark Segsworth, Public Works Manager, re: Waste Free Ontario Presentation Mr. Segsworth reviewed the framework for the proposed legislation and the Waste-Free Ontario Act noting that the goal is to move towards zero waste in the Province and zero GHG emissions from the waste sector to support a circular economy.

Approval of Minutes

a)

Council Meeting of January 17, 2017 Resolution No. 2017-3-05 Moved by Councillor Sleeth Seconded by Councillor Revill THAT Council approve the minutes of the January 17, 2017 Council meeting. Carried

b)

Committee of the Whole Meeting of January 24, 2017 Resolution No. 2017-3-06 Moved by Councillor Sleeth Seconded by Councillor Revill THAT Council approve the minutes of the January 24, 2017 Committee of the Whole meeting. Carried

Business Arising from the Minutes

a)

Notice of Motion - Moratorium on the Accommodation Review Process Resolution No. 2017-3-07 Moved by Councillor Sleeth Seconded by Councillor Revill THAT Council endorse the resolution passed by the Town of Greater Napanee requesting that a moratorium be placed on the accommodation review process. Carried

b)

Notice of Motion - South Frontenac Rides - Share the Road Report Resolution No. 2017-3-08 Moved by Councillor Sutherland Seconded by Councillor Revill THAT Council endorse the inclusion of active transportation in our transportation and community planning and that the Share the Road Report be referred to the Public Works Department to review the work plan and identify tasks that align with the Township’s strategic directions and identify opportunities to make South Frontenac a more bicycle friendly community,

Page 13 of 97

Page 3 of 7 Minutes of Council February, 14, 2017 AND further that the Share the Road Report be forwarded to the County of Frontenac for their consideration and support. Carried c)

Notice of Motion - Signage Retro-Reflectivity Resolution No. 2017-3-09 Moved by Councillor Sleeth Seconded by Councillor McDougall THAT Council receive the Public Works Department report on Signage RetroReflectivity tabled January 17, 2017, AND THAT Council direct staff to prepare a plan to achieve full legislative compliance with the Minimum Maintenance Standards for Retro-Reflectivity and signage by June 2018; AND THAT Council be prepared to consider the budgetary implications of this expectation as part of the 2018 preliminary budget.

Resolution No. 2017-3-10 Moved by Councillor Sutherland Seconded by Councillor Revill THAT this matter be referred to the Public Services Committee to develop a plan for full compliance and report back in six months. Carried d)

Lindsay Mills, Planner, re: Amendments to Site Plan Control By-law See By-law 2017-03

Reports Requiring Action

a)

Tim Laprade, Arena & Recreation Supervisor, re: Noise and Camping Exemptions Resolution No. 2017-3-11 Moved by Councillor Revill Seconded by Councillor Sutherland THAT subject to a decision of the Frontenac Community Arena Board of Directors to enter into an agreement with the Sea to Sea Cycling to end Poverty initiative organizers; THAT Council exempt the Sea to Sea Cycling to end Poverty initiative taking place on Friday, August 11, 2017 at the Frontenac Community Arena from the Township’s noise bylaw as requested; AND FURTHER that Council provide a one-time exemption to permit camping at the Frontenac Community Arena for the sole use for the group’s tents during the Sea to Sea Cycling to end Poverty initiative as requested. Carried

b)

Lindsay Mills, Planner, re: Calculation of Parkland Dedication Fees required as a condition of Consent/Subdivision Approvals.

Page 14 of 97

Page 4 of 7 Minutes of Council February, 14, 2017 Council provided direction to Mr. Mills on changes to the draft by-law. c)

Mark Segsworth, Public Works Manager, re: Tender No. PW-2017-01 - 2017 Surface Treatment Program Resolution No. 2017-3-12 Moved by Councillor Revill Seconded by Councillor Sutherland THAT Council approves the bid of Smiths Construction Company for the supply and application of the Township’s Surface Treatment in the amount of $641,155.28 including all applicable taxes. Carried

d)

Mark Segsworth, Public Works Manager, re: Operation and Maintenance of the Sydenham Water System. Resolution No. 2017-3-13 Moved by Councillor Sutherland Seconded by Councillor Revill THAT the Township of South Frontenac enter into a contract with Utilities Kingston to extend the Operation and Maintenance of the Sydenham Water System until December 31, 2021, as per the Terms and Conditions of the Sydenham Water Services Proposal dated November 30, 2016. And that the Mayor and CAO be authorized to sign this contract on behalf of the Township of South Frontenac. Carried

e)

Mark Segsworth, Public Works Manager, re: Household Hazardous Waste Disposal Operations - Contract Extension Resolution No. 2017-3-14 Moved by Councillor Sutherland Seconded by Councillor Revill THAT Council approve a one year contract extension with Brendar Environmental for the operations of the Household Hazardous Waste Facility to March 31, 2018, as per the terms and conditions as specified in RFP-PW-P012015. Carried

f)

Mark Segsworth, Public Works Manager, re: Extension of Garbage and Recycling Collection Contracts Resolution No. 2017-3-15 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council approve a three year extension for Garbage and Recycling Collection to Percy Snider and Brian Larmon to August 31, 2020, as per the Terms and Conditions as specified in RFP. Carried

g)

Wayne Orr, Chief Administrative Officer, re: Committee Appointments Staff were provided direction on the appointments Council members have

Page 15 of 97

Page 5 of 7 Minutes of Council February, 14, 2017 agreed to. This will be brought forward to the next Council meeting to be approved by by-law. h)

Angela Maddocks, Executive Assistant, re: February 28, 2017 Committee of the Whole Meeting Resolution No. 2017-3-16 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council cancel the February 28, 2017 Committee of the Whole meeting as both the Mayor and Deputy Mayor will be at the OGRA Conference. Carried

Committee Meeting Minutes

a)

Verona Community Association meeting of November 9, 2016

b)

Public Services Committee meeting of December 15, 2016

c)

Bedford District Recreation meeting of January 9, 2017

d)

Corporate Services Committee meeting of December 16, 2016 Resolution No. 2017-3-17 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council receives for information the minutes of the following committee meetings:  Verona Community Association meeting of November 9, 2016  Public Services Committee meeting of December 15, 2016  Bedford District Recreation Committee meeting of January 9, 2017.  Corporate Services Committee meeting of December 16, 2016 Carried

By-Laws

a)

By-law 2017-03 - Site Plan Control - Community Facility Resolution No. 2017-3-18 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT By-law 2017-03, be given first and second reading. Carried Resolution No. 2017-3-19 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT By-law 2017-03, being a by-law to amend By-law 2003-25, to include community facility uses in the list of specific land uses, be given third reading, signed and sealed. Carried

Reports for Information

a)

Accounts Payable and Payroll Listing

Page 16 of 97

Page 6 of 7 Minutes of Council February, 14, 2017 b)

Tender No. PW-2017-02 - 2017 Micro Surfacing Program

c)

Tender No. PW-2017-03 Purchase of One Half Ton Extended Cab 4 X 4 Pickup Truck

d)

Tender No. PW-2017-04 Purchase of One 2017 Model 3/4 Ton Truck with Plow Equipment

e)

Councillor Sutherland - Report from ROMA Conference - January 29-31, 2017

f)

Councillor McDougall - Report from ROMA Conference - January 29-31, 2017

Information Items

a)

Robert Charest, Trail Committee Report - January 2017

b)

Pam Vaughan, re: Wolfe Lake Road Solar Project

c)

Lisa Baum, Manager, Canada 150 Community Infrastructure Program, re: Funding Application

d)

Stephen C. Lougheed, Biology & Environmental Studies, Queen’s University, re: Skycroft Campground

e)

Honourable Jeff Leal, Minister of Agriculture, Food and Rural Affairs, re: Launch of renewed Rural Economic Development (RED) Program.

f)

Around the Rideau - January/February 2017 Newsletter

Notice of Motions

a)

Councillor Sutherland served a notice of motion regarding the Arena Board and FIT projects.

b)

Councillor Sutherland served a notice of motion regarding micro surfacing and surface treatment.

Announcements

a)

Councillor Revill informed Council of the Ontario 150 grant that the Arena has been awarded to assist with equipment replacement.

b)

Councillor Sutherland requested a listing of current subdivisions that are pending approval.

c)

Councillor Sutherland commended Councillor McDougall’s report from the ROMA Conference. He requested that the issue of social media identified in the report be considered by the Corporate Services Committee.

d)

Deputy Mayor Roberts suggested that a flag unique for South Frontenac be designed to commemorate Canada’s 150th. He suggested the township logo with a white background be part of the design. Wayne Orr will provide details on cost and design for consideration.

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

Closed Session - n/a

Page 17 of 97

Page 7 of 7 Minutes of Council February, 14, 2017 18.

Confirmatory By-law

a)

By-law 2017-04 Resolution No. 2017-3-20 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT By-law 2017-04, 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 14 day of February 2017. Carried Resolution No. 2017-3-21 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT By-law 2017-04, 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 14 day of February, 2017. Carried

Adjournment

a)

Resolution Resolution No. 2017-3-22 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT the Council meeting of February 14, 2017 be adjourned at 9:00 p.m. Carried

Ron Vandewal, Mayor

Wayne Orr, Chief Administrative Officer

Page 18 of 97

REPORT TO COUNCIL CLERKS DEPARTMENT

AGENDA DATE: February 21, 2017 SUBJECT Notice of Motion – Arena Board and FIT Project.

RECOMMENDATION That South Frontenac ask the Arena Board to consider installing a FIT solar project on the arena property.

BACKGROUND Council’s Procedural By-Law 2016-71 establishes the process for Notice of Motion as outlined below. At the Council meeting of February 14, 2017, Councillor Sutherland served notice of motion to have Council request that the Arena Board consider installing a FIT solar project on their property. A notice of motion requires a seconder at the next regular Council meeting. If seconded, the motion is debated and then voted upon.

FINANCIAL and STAFFING CONSIDERATIONS No direct cost to the Township.

ATTACHMENTS None

Submitted/approved by:

Prepared by:

Wayne Orr, CAO

Wayne Orr, CAO

Our strength is our community. Page 19 of 97

REPORT TO COUNCIL CLERKS DEPARTMENT

AGENDA DATE: February 21, 2017 SUBJECT Notice of Motion – Surface Treatment and Micro Surfacing.

RECOMMENDATION Whereas the unit cost increase for surface treatment has increased 43% from 2011 to 2017 for single surface and 46% for double surface, a yearly average of 7.2% and 7.7%, and Whereas the unit price for micro surfacing has increased 25% between 2015 and 2017, or 12.5% a year, and Whereas during the recent past oil prices, a major input into these treatments has dropped from 115 per barrel in 2011 to 52 dollars in 2017 having rebounded from a low of 29 dollars per barrel, and Whereas labour cost in Canada, another main component of the cost in road treatment industry has increased an average of 1.5% from 2011 to 2017, and whereas there is very limited competition in the surface treatment and microsurfacing industry, and Whereas surface treatments and micro-surfacing make up a substantial portion of our roads budget, 1,009, 682 dollars in 2017, and a substantial portion of our overall Township budget, Therefore, be it resolved that South Frontenac approach other eastern Ontario municipalities to explore the possibly of cooperating in the purchase of these services or in jointly providing these services. he recommendation should be drafted the same as you wish it to appear in the council resolution. Please align text to the left.

BACKGROUND Council’s Procedural By-Law 2016-71 establishes the process for Notice of Motion as outlined below. At the Council meeting of February 14, 2017, in response to the reports from the Public Works Manager concerning recent RFP results, Councillor Sutherland served notice of motion to have Council direct staff to explore cooperative purchasing or provision of services as it relates to surface treatment and micro surfacing. A notice of motion requires a seconder at the next regular Council meeting. If seconded, the motion is debated and then voted upon.

FINANCIAL and STAFFING CONSIDERATIONS Not assessed at this time.

ATTACHMENTS None

Our strength is our community.

Page 20 of 97

REPORT TO COUNCIL CLERKS DEPARTMENT

Submitted/approved by:

Prepared by:

Wayne Orr, CAO

Wayne Orr, CAO

Our strength is our community.

Page 21 of 97

REPORT TO COUNCIL CLERKS DEPARTMENT

AGENDA DATE: February 21, 2017 SUBJECT Committee Appointments.

RECOMMENDATION That Council pass By Law 2017-05 to update membership on various Committees of Council.

BACKGROUND On February 14, Council provided direction to staff on changes to the membership on various Council committees and directed that the information be brought back in bylaw format for adoption. Specifically the new composition / membership will be as follows: Corporate Services Committee: • Al Revill • Ross Sutherland • Brad Barbeau Public Services Committee: • Ron Sleeth • Mark Schjerning • John McDougall Councillor appointments to: • Verona Community Association – Brad Barbeau • Community Caring - Brad Barbeau

FINANCIAL and STAFFING CONSIDERATIONS No direct cost to the Township.

ATTACHMENTS See By Law 2017–05

Submitted/approved by:

Prepared by:

Wayne Orr, CAO

Wayne Orr, CAO

Our strength is our community.

Page 22 of 97

REPORT TO COUNCIL FIRE DEPARTMENT

AGENDA DATE: February 21, 2017 SUBJECT By-law to Regulate Outdoor Solid Fuel Combustion Appliances.

RECOMMENDATION That Council direct the Planning department to forward a draft By-law to Regulate Outdoor Solid Fuel Combustion Appliances for review and adoption, further, have the Building department create a permit system similar to the wood stove permit system and incorporate into our existing fees By-law.

BACKGROUND Concerns have been brought to the Townships attention concerning adverse health problems as a direct result of emissions from an outdoor furnace. The Fire Chief, the Ministry of Environment, the CAO and the Chief Building Official received calls regarding the situation on February 13, 2017. The Fire Chief and MOE attend the address that afternoon. While there was smoke coming from the furnace it appeared to be blowing north of the houses, the furnace was inspected and was being used properly. It was suggested to the owner at that time to possibly add an extension to the flue pipe in an effort to direct the smoke over the houses thus resolving the issue. The owner indicated an extension had been ordered. February 14, 2017 the MOE received another call with the same complaint of smoke in the house and adverse health problems. February 15, 2017 the CAO and MOE received a third call of complaint with the same issues. That same evening a 911 call was placed stating ‘house full of smoke occupant having difficulty breathing’ the fire department responded and provided first aid and notified ambulance to respond, there were zero readings in the house however the was a smell of smoke. A meeting has been scheduled for February 24, 2017 with MOE and Township staff to further discuss this issue.

FINANCIAL and STAFFING CONSIDERATIONS Fire department responses, staffing time

ATTACHMENTS Loyalist Township By-law 2005-87 Canadian Council of Ministries – Code of Practice Residential Wood Burning Appliances.

Submitted/approved by:

Prepared by:

Rick Chesebrough, Fire Chief

Rick Chesebrough, Fire Chief

Our strength is our community.

Page 23 of 97

THE CORPORATION OF LOYALIST TOWNSHIP BY-LAWNUMBER2005-87 Being a By-law to Regulate Outdoor Solid Fuel Combustion Appliances WHEREAS Section 125(2) of the Municipal Act. 2001. S.0. 2001, c. 25, authorizes the Corporation of Loyalist Township to enter upon land and into structures at any reasonable time for inspection purposes in order to determine compliance with any bylaw passed under subsection 125(1)

ANDWHEREASthe Council of The Corporation of LoyalistTownship is empowered by subsection 125(1)of the MunicipalAct. 2001. S.O. 2001, chap. 25, to regulatethe use and installation of heating and cooking appliances; NOW THEREFORE the Council of The Corporation of Loyalist Township enacts as follows:

1. DEFINITIONS a) “Lot” means a parcel of land described in deed or other document legally capable of conveying an interest in land or designated by an originalsurvey or by a registered plan;

b) “Outdoor Solid Fuel Combustion Appliances” means an outdoor wood-burning furnace or othersolid fuel burning appliancedesigned and intendedto supply heatto airor waterand that is housed or situated in an out-building or otherwisephysicallyseparated from the building to which it is to provide heatedair and water; and c) “Waste” means any material defined as “waste” in Section 25 of the Environmental Protection Act. R. S. 0. 1990, Chapter E19, as amended.

2. Subject to section 3 hereof, this. by-law applies to alt lands within the geographic limits of The Corporation of Loyalist Township.

3. This by-lawshall not applyin respectof any lands upon whichan OutdoorSolid Fuel Combustion Appliance has been installed prior to the effective date of this by-law provided that the physical location of such appliance, or any replacement thereof, remains unchanged.

4. No person shall use an Outdoor Solid Fuel CombustionApplianceon a lot unless: (a) the lot Is situated In an area designated in the Townshipof LoyalistZoning By-lawas a Rural zone, Restricted Agriculture zone or Prime Agriculture zone;

(b) on all lots the following is required: (i)

A minimum lot area of two (2) hectares (5 acres);

(ii)

OutdoorSolid Fuel CombustionAppliancesshall be located not less than 61

(iii)

metres (200 feet) from all lot lines; and Outdoor Solid Fuel Combustion Appliances shall be located not less than 9 metres (30 feet) from any building or structure on the same lot; except a solid fuel storage structure.

(c) the OutdoorSolid Fuel CombustionAppliances hasa chimneyfitted with a rain cap equippedwith a sparkarrester to manufacturer’sspecifications; (d) the installation and maintenanceofthe Outdoor Solid Fuel CombustionApplianceis in Compliance with;

(I)

the OntarioBuilding Code;

(ii)

the manufacturers installation instructions and specifications, including any recommended separation distances; and

(Ill)

all other applicable law; and

(f) a Building Permit has been issued for the installation of the Outdoor Solid Fuel Combustion Appliance by the Chief Building Official of Loyalist Township

Page 24 of 97

5. No person shall use an OutdoorSolid Fuel CombustionAppliance unless the area around and under it:

(i)

is comprised of gravel, sand or some other non-combustible material;

(it)

extends radially a minimum of 3 feet from all exterior sides of the Outdoor Solid Fuel Combustion Appliance; and is not less than 10 centimetere (4 inches) in depth.

(iii)

6. No person shall use an Outdoor Solid Fuel Combustion Appliancefor the incineration of Waste.

7. No person shall use an Outdoor Solid Fuel Combustion Applianceexcept in compliancewith the requirements of this By-Law, including all minimum Lotarea, separation distanceand regulatory requirements provided under section 4 hereof.

8. A Muniapal building inspector or by-law enforcement officer may, upon producing identification, enter upon and inspectany land in orderto ensure compliance with this bylaw.

9. No person shall obstruct, hinder, delay or prevent a municipal by-law enforcement officer in the exerciseof his or herinspection powers pursuantto this by-law.

10. Any person who contravenes this by-lawis guilty of an offence.

ENACTEDAND PASSEDTHIS 8TH DAYOFAUGUST, 2005. THE CORPORATION OF LOYALIST TOWNSHIP

Clerk

Page 25 of 97

CCME Canadian Council of Ministers of the Environment

Le Conseil Canadian dos ministres de renvlronnement

CODE OF PRACTICE FOR RESIDENTIAL WOOD BURNING APPLIANCES

PN 1479 ISBN 978-1-896997-87-2 PDF

Canadian Council of Ministers of the Environment, 2012

Page 26 of 97

TABLEOF CONTENTS ACKNOWLEDGEMENTS…………………………………………………………………………iii LISTOF ABBREVIATIONSAND ACRONYMS …………………………………………… v 1.0 Introduction……………………………………………………………………………………… 1

1. 1 About this Code………………………………………………………………………… 2

2. 2 Scope and Limitations……………………………………………………………….. 3

3. 0 Health and Environmental Impacts…………………………………………………….. 4

4. 1 Wood Smoke Health Effects……………………………………………………….^

5. 2 Nuisance Impacts of Wood Smoke………………………………………………. 5

6. 3 Impact on Climate Change…………………………………………………………. 5

7. 0 Wood Burning Appliances - Definition of Types ………………………………….6

8. 1 Wood Stoves……………………………………………………………………………. 6

9. 2 Pellet Stoves…………………………………………………………………………….. 7

10. 3 Fireplaces…………………………………………………………………………………?

11. 3. 1 Conventional fireplaces………………………………………………….. 8
12. 3. 2 Advanced Technology Fireplaces……………………………………. 8
13. 3. 3 Fireplace Inserts ……………………………………………………………9

14. 4 Central Heating…………………………………………………………………………. 9

15. 5 Wood Cook Stoves…………………………………………………………………..

10

3.6 Masonry Heaters…………………………………………………………………….. 10 4. 0 Standards, Initiatives, and Regulations ……………………………………………. 11 4. 1 Canadian Standards for Wood Burning Appliances………………………. 11 4. 1. 1 Canada’s Model Municipal By-law for Wood-Burning Appliances (2006)……………………………………………………….. 13 4. 1. 2 Natural Resources Canada’s Energy Efficiency Rebate

Program…………………………………………………………………….. 13 4. 1. 3 Natural Resources Canada’s R2000 Housing Standard……. 13 4. 2 Provincial and Territorial Initiatives and Regulations…………………….. 14

4. 3 United States - Federal (US EPA) Initiatives ……………………………….. 18
5. 3. 1 US EPA Initiatives: Hydronic Heaters -Voluntary

Partnership Program…………………………………………………… 19 4. 3. 2 US EPA Initiatives: Wood Burning Fireplace Program Voluntary Partnership………………………………………………….. 19 4. 4 Additional Regulations and By-laws in Other Jurisdictions…………….. 20

5.0 Wood Smoke ManagementToolbox…………………………………………………. 20 5. 1 Regulating Appliance Efficiency ………………………………………………… 21 5. 2 Air Quality Advisories and ‘No-Burn Days’…………………………………… 22 5. 3 Limits on Installation or Operation of Wood Burning Appliances…….. 24 5. 4 Incentives to Change……………………………………………………………….. 25 5. 4. 1 Change-out Program Potential Pitfalls …………………………….. 25 5. 4. 2 Change-out Program Success: British Columbia’s Code of Practice for Residential

Wood BurningAppliances

Page 27 of 97

Provincial Wood Stove Exchange Program ……………………………… 26

5.4. 3 Change-out Program Success: City of Libby Montana’s Wood Stove Exchange Program……………………………………………..

27

5. 5 Public Outreach and Education …………………………………………………. 28

6. 6 Performance Management- Planning for and Measuring Success… 31

7. 6. 1 Emissions Calculator Tool for Wood Stove and

Fireplace Change-outs………………………………………………………….. 32

LISTOF FIGURES Figure 1: Hrovinciai h’M2.5 Lmissions hrom Kesidential Wood Combustion In 2010…………………………………………………………………………………. 2

Figure 2: Example Pamphlet…………………………………………………………………….

30

LISTOF TABLES: Table 1: National Economic Costs Summary: 2008, 2015, 2031 and

Total 2008-2031 ………………………………………………………………………………………. 5 Table 2: Comparison of US EPA and CSA B415. 10 Wood Burning Appliance Particulate Matter (PM) Emission Limits……………………………………………………..

12

APPENDIX: Model

By-law and Regulatory Elements for Residential Wood Burning Appliances …… 33

Code of Practice for Residential

Wood Burning Appliances

Page 28 of 97

ACKNOWLEDGEMENTS The Canadian Council of Ministers of the Environment (CCME) Code of Practice for Residential Wood Burning Appliances was developed by CCME’s Wood Combustion Working Group with the assistance ofLevelton Consultants Ltd. CCME Wood Combustion Working Group

Mr. Darrell Welles (Working Group Chair, New Brunswick Environment and Local Government)

Ms. LizDykman(CCME) Mr. Marcus Kellerhals (British Columbia Environment) Ms. Rebecca Freedman (British Columbia Environment) Mr. John Newdick (Ontario Ministry of the Environment) Ms. Diane Boulet (City of Montreal) Mr. Barry Jessiman (Health Canada) Dr. Julie Saxton (Metro Vancouver) The Working Group acknowledges the assistance of the following agencies: Federal Environment Canada Health Canada

US Environmental Protection Agency Canadian Mortgage and Housing Corporation (CMHC) Provinces/States

Alberta Environment and Sustainable Resource Development British Columbia Ministry of Environment Manitoba Conservation and Water Stewardship New Brunswick Department of Environment and Local Government Newfoundland & Labrador Department of Environment and Conservation Northwest Territories Department of Environment andNatural Resources Nova Scotia Department of the Environment Nunavut Department of the Environment Ontario Ministry of the Environment Prince EdwardIsland Department of Environment Quebec Ministere du Developpement durable, de 1’Environnement de la Faune et des Pares

Saskatchewan Ministry of the Environment Environment Yukon

Yukon Energy Solutions Centre Bay Area Air Quality Management District (BAAQMD), California Colorado Department of Public Health and Environment IdahoDepartment of Environmental Quality Michigan Department ofEnvironmental Quality North Eastern States for Coordinated Air Use Management (NESCAUM) Ohio Environmental Protection Agency Oregon Department ofAir Quality Puget Sound Clean Air Agency (PSCAA)

Code of Practice for Residential

Wood Burning Appliances

Page 29 of 97

Vermont Agency of Natural Resources & Environmental Protection Washington State Department of Ecology Western States Air Resources Council (WESTAR) Districts/Municipalities

Calgary, Planning,Development& Assessment,Alberta Edmonton Environmental Services, Alberta Metro Vancouver, British Columbia Prince Albert Public Works, British Columbia

Village ofMemramcook, New Brunswick Town of Hay River, Northwest Territories Metropolitan Region of Halifax, Nova Scotia Region of Durham, Ontario Region of Peel, Ontario Region of York, Ontario Simcoe Muskoka District Health Unit, Ontario Toronto Public Health, Ontario

Town of East Gwillimbury, Ontario Town ofNation, Ontario

Ville de Montreal, Quebec City of Saskatoon, Saskatchewan City ofRegina, Saskatchewan City ofWhitehorse, Yukon Industry Associations Hearth, Patio and Barbecue Association of Canada

Wood Energy Technology Transfer Inc. Non-Government Organizations

GTA Clean Air Partnership, Ontario The Wood Heat Organization, Ontario

Code of Practice for Residential

Wood Burning Appliances

Page 30 of 97

LIST OF ABBREVIATIONS AND ACRONYMS

AQHI /mJ

Air Quality Heath Index Micrograms per cubic metre

BTU

British thermal unit(s)

CCME

Canadian Council of Ministers of the Environment

CMHC

Canadian Mortgage and Housing Corporation

C02

Carbon Dioxide

CSA

Canadian Standards Association

CSA

CSA Standard for Performance Testing of Solid-Fuel-Buming Heating

B415. 10

Appliances, editionB415. 1 (2010)

cws

Canada-wide standards

EPEA"

Environmental Protection and Enhancement Act

g

gram(s)

GHG(s)

Greenhouse gas (gases)

GTA

Greater Toronto Area

hr

Hour(s)

kg

Kilogram(s)

kt

Kilotonne(s)

kWh

Kilowatt hour(s)

MJ

Megajoule

mm

Millimetre(s)

mmBTU

1 million BTU

NAAQS

National Ambient Air Quality Standards

NRCan

Natural Resources Canada

NSPS

New Source Performance Standard

PAH(s)

Polycyclic Aromatic Hydrocarbon(s)

PM

Airborne particles with an upper size limit of approximately 100 micrometers in aerodynamic diameter

PMio PM, SLCF(s)

Airborneparticlesthatare 10micrometers or less in aerodynamicdiameter Airborneparticlesthatare 2.5 micrometers or less in aerodynamicdiameter, also referred to as fine particulate matter Short Lived Climate Forcer(s) Metric tonne(s)

USEPA

United States Environmental Protection Agency

voc

Volatile Organic Compounds (often written as VOCs)

Alberta RSA 2000, c E-12. Seewebsite: httD://wvT. aD.alberta. ca/documents/Acts/E12. Ddf

Code of Practice for Residential Wood Burning Appliances

Page 31 of 97

1. 0

Introduction

The Code of Practice for Residential Wood Burning Appliances (the Code) has been developed to enhance governmental approaches to air pollution caused by residential wood burning. The goal of the Code is to provide federal, provincial, territorial, and municipal governments with tools and information to support their wood smoke management activities.

Residential wood burning has been a significant source of domestic heat throughout Canada’s history. The use ofwood as a fuel for residential heatingis popular for many reasons. Woodis a renewable source of energy that requires minimal processing. It can provide a degree of selfsufRciencyby reducingdependencyon purchased energy and canprovide an alternative heating source when and where other power is not available. Wood can be very competitive in price compared to other sources of energy and may provide additional economic benefits for rural communities engaged in woodlot production. Wood burning appliances can also provide a pleasant aesthetic and social experience, and an evening around the fireplace or woodstove is a valued tradition in many Canadianhomes.

The energy in wood is released through the process of combustion. This is not necessarily problematic. However, when combustion is incomplete, air pollutants are emitted in much greater quantities. Higher levels of air pollutants are typically generated during fire start-up and when wood is smouldering. This is usually evident by white or gray visible smoke exiting the chimney. Higher than normal air pollutant emissions can also occur when a wood burning appliance is performing poorly, where fuel quality is suboptimal, or where treated wood or wood with high moisture content (typically greater than 20%) is used. Advanced technology appliances, which conform to the United States Environmental Protection

Agency’s (US EPA) Standards of Performancefor New ResidentialWoodHeaters, Section 60532 of the 1988 Clean Air Act, subpart AAAZ or conform to the Canadian Standards Association’s (CSA) Performance Testing of Solid Fuel Burning Heating Appliances (CSA B415. 1)3 are less likely to create pollution problems if operated according to manufacturer’s instructions.

The release of air pollutants from wood burning can have serious health and environmental impacts. Exposure can exasperate chronic health issues like bronchitis and asthma and can contribute to premature death. Environmental impacts include reduced visibility (haze), crop damage, and greater vulnerability to disease in some plant species.

It is difficult to quantify all of the pollution emissions from wood burning, but in 2010 it was estimated that 104 kilotonnes (kt)4 of fine particulate matter (airborne particles that are 2.5

micrometers or less in aerodynamic diameter - PMzj) was emitted to the atmosphere in Canada See website: ht4)://www. epa. gov/compliance/resources/policies/monitonng/caa/woodstoverule. pdf Performance Testing of Solid-Fuel Burning Stoves, Inserts and Low-Burn-Rate Factory-Built Appliances, A National Standard of Canada. See website: httD://mha-net. ora/docs/CSA-B451b. PDF

Source: National Pollutant Release Inventory (NPRI), Pollutant Inventories and Reporting Division, Environment Canada (March, 2012)

Code of Practice for Residential

Wood Burning Appliances

Page 32 of 97

from residential wood combustion. A provincial breakdown of these emissions is provided in Figure 1.

FIGURE 1: PROVINCIALPM2.5 EMISSIONSFROM RESIDENTIALWOODCOMBUSTION IN2010

IS tt>

120,000 ^ (0 a> c c

B

80, 000

(0

60,000

c 0 m

-a

E IU Ut (M

104, 087

100,000

45, 854

40,000 23, 041

20,000

1.725 2,350 3,369 4,835 5,170 5,565

11, 063

0

a?

-^’

^ .

ty

^

»

..a>

^

^

" / <// ^<^/>^ ^ ^ ^ .