Body: Council Type: Agenda Meeting: Regular Date: January 31, 2023 Collection: Council Agendas Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC Council Meeting Agenda
TIME: DATE: PLACE:
7:00 PM, Tuesday, January 31, 2023 Council Chamber/Virtual.
Call to Order and Roll Call
a)
Resolution
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
a)
Resolution
Scheduled Closed Session
Delegations
Public Meeting
a)
Resolution - Public Meeting - Call to Order
b)
Notice of Collection
c)
Public Meeting: The Council of The Corporation of the Township of South Frontenac will hold a public meeting at 7:00 p.m. regarding proposed amendments to By-law 2017-76 which provides for governing the proceedings of Council, the conduct of members and the calling of meetings. The amendments are related to the proposed implementation of the Committee By-law. (See Agenda Item 11. b.)
d)
Resolution - Close Public Meeting
Approval of Minutes
a)
Resolution
Business Arising from the Minutes
Reports Requiring Action
a)
Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan • Staff are seeking support from Council to proceed with public consultation and a revised schedule to adopt the new Official Plan. Open houses and statutory public meetings are legislated requirements and provide an opportunity for public input and comment on Official Plan policy direction.
4 - 12
13 - 41
a) Resolution Recommendation: That Council endorse the schedule to consider the adoption of the Official Plan and provide for public consultation; and That Council direct staff to engage the Heritage Committee and Lake Ecosystems Committee for input and comment; and
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That Council direct staff to schedule a Virtual Open House, In-person Open House, and Statutory Public Meeting to facilitate public consultation. 10.
Committee Meeting Minutes
By-laws
a)
Zoning By-law Amendment Application - PL-ZBA-2022-0123, David Blunden, 2207 Wellington Street • This report recommends that Council pass a by-law to change the zone on the subject property to permit a single detached dwelling.
42 - 48
a) Resolution Recommendation: That By-law 2023-03 to amend the zoning on lands known as 2207 Wellington Street, Part 1, Plan 13R-7409, Part Lot 11, Concession 9, District of Storrington, Township of South Frontenac be given first and second reading; and That By-law 2023-03 be given third reading, signed and sealed. b)
Committee By-law • The purpose of the Report is to provide Council with additional information and recommend approval of the Committee Bylaw, attached as Exhibit A of the Report as well as the associated administrative amendments to Schedule A of Bylaw 2017-76, (Council Procedure By-law) attached as Exhibit B of the Report.
49 120
b) Resolution Recommendation: That By-law 2023-04, attached as Exhibit A, being “A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Corporation of The Township of South Frontenac” be given first and second reading; and That By-law 2023-04 being “A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Corporation of The Township of South Frontenac” be given third reading, signed and sealed; and That By-law 2023-05, attached as Exhibit B, being “A By-law To Amend By-law 201776, “A By-law to Provide for Governing The Proceedings of the Council, The Conduct of Members and the Calling of Meetings” be given first and second reading; and That By-law 2023-05 being “A By-law To Amend By-law 2017-76, “A By-law to Provide for Governing The Proceedings of the Council, The Conduct of Members and the Calling of Meetings” be given third reading, signed and sealed. c)
RC-21-03 (5006755 Ontario Ltd.) (Beach - Agent) – Application to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough • An application has been received by Development Services Staff requesting to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough.
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c) Resolution Recommendation: That By-law number 2023-06, being a By-law to stop up, close and transfer ownership of Part 2, Plan 13R22785, being a portion of an unopened road allowance on which the dwelling of 5356 New Morin Road encroaches plus three (3) feet, be given first and second reading; and That By-law number 2023-06 be given third reading, signed and sealed. d)
Appointment of Clerk and Deputy Clerk • Staff are recommending that Council approve By-law 2023-07 and By-law 2023-08 in order to appoint James Thompson as Clerk and Louise Fragnito as Deputy Clerk.
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d) Resolution Recommendation: That By-law 2023-07 being a By-law to appoint James Thompson as Clerk be given first and second reading; That By-law 2023-07 be given third reading, signed and sealed; That By-law 2023-08 being a By-law to appoint Louise Fragnito as Deputy Clerk be given first and second reading; and That By-law 2023-08 be given third reading, signed and sealed. 12.
Reports for Information
Information Items
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
a)
Resolution
Adjournment
a)
Resolution Natural, Vibrant and Growing - A Progressive Rural Leader
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Page 4 of 130 Minutes of Council January, 10, 2023
TOWNSHIP OF SOUTH FRONTENAC Council Meeting Minutes
Meeting # 7 Time:7:00 p.m. Location: Council Chambers/Virtual Present: Mayor Ron Vandewal, Charlene Godfrey Ray Leonard, Doug Morey, Steve Pegrum, Norm Roberts, Randy Ruttan, Ron Sleeth, Scott Trueman (attended virtually) Staff: Louise Fragnito - Chief Administrative Officer & Acting Clerk, Kyle Bolton Director, Public Services, Shelley Stedall - Director, Corporate Services & Treasurer, Brad Wright - Director, Development Services, Troy Dunlop - Manager, Technical Services, Christine Woods - Senior Planner, James Thompson - Deputy Clerk, Michelle Hannah - Planning Assistant
1
Call to Order and Roll Call
a)
Resolution Resolution No. 2023-07-01 Moved by Councillor Leonard Seconded by Councillor Godfrey That the Council meeting of January 10, 2023 be called to order at 7:00 p.m. Carried
b)
Ms. Hannah conducted the roll call.
2
Declaration of pecuniary interest and the general nature thereof
a)
There were none.
3
Approval of Agenda
a)
Resolution Resolution No. 2023-07-02 Moved by Deputy Mayor Sleeth Seconded by Councillor Morey That the agenda be approved, as presented. Carried
4
Scheduled Closed Session
a)
Not Applicable
5
Delegations
a)
Dr. Jeannette Dietrich, Lead Physician, Rural Kingston Family Health Organization, Deborah Krause, Executive Director, Sharbot Lake Family Health Team and Dr. Sabra Gibbens, Verona Medical Clinic were present to speak to Council regarding Physician Recruitment.
6
Public Meeting
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Approval of Minutes
a)
Resolution Resolution No. 2023-07-03 Moved by Councillor Ruttan Seconded by Councillor Pegrum That the minutes of the December 6, 2022 Council meeting and the minutes of the December 20, 2022 Council meeting be approved. Carried
8
Business Arising from the Minutes
a)
There was none.
9
Reports Requiring Action
a)
Close Out Report – 2022 Private Lane Upgrade Assistance Program • The report provided a summary of the outcomes of the 2022 Private Lane Upgrade Assistance Program and provides recommendations with respect to allocation for the resulting year end surplus. Resolution No. 2023-07-04 Moved by Councillor Roberts Seconded by Councillor Ruttan That Council receive the close out summary report for the 2022 Private Lane Upgrade Assistance Program for information. Carried
b)
PL-RAC-2022-0136 (Carr) – Application to request to stop up, close and transfer a portion of unopened road allowance between Concessions 9 & 10, District of Bedford • An application was received by Development Services Staff to request to stop up, close and transfer a portion of unopened road allowance between Concession 9 & 10, District of Bedford. Resolution No. 2023-07-05 Moved by Councillor Leonard Seconded by Councillor Godfrey That Council direct staff to proceed with the process of closing and transferring ownership of an unopened road allowance, between Concessions 9 & 10, District of Bedford with dimensions of 20.12 metres (66 feet) by approximately 284 metres (932.7 feet) on the east side and 316 metres (932.7 feet). Carried
c)
PL-RAC-2022-0158 (Coimbra) – Application to request to stop up, close and transfer a portion of unopened road allowance between Concessions 5 & 6, District of Loughborough • An application was received by Development Services staff to request to stop up, close and transfer a portion of unopened road allowance between Concessions 5 & 6, District of Loughborough. Resolution No. 2023-07-06 Moved by Councillor Pegrum Seconded by Councillor Ruttan That Council direct staff to not proceed with the process of stopping up, closing and transferring ownership of a portion of the unopened road allowance between Concessions 5 & 6, District of Loughborough. Carried
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Page 6 of 130 Minutes of Council January, 10, 2023 d)
PL-RAC-2022-0122 (Mancino) (ZanderPlan) – Application to request to stop up, close and transfer portions of unopened road allowance Parts 4 & 5 Plan 13R20005 • An application was received by Development Services staff to request to stop up, close and transfer a portion of unopened road allowance in Part Lot 20, Concession 11, Parts 4 & 5 on Plan 13R20005, District of Bedford. Resolution No. 2023-07-07 Moved by Councillor Morey Seconded by Councillor Leonard That Council direct staff to proceed with the process of closing and transferring ownership of a 13.8 metre (45.28 foot) by approximately 214 metre (702 foot) portion of unopened road allowance, in Part Lot 20, Concession 11, being Parts 4 & 5 Plan 13R20005, District of Bedford. Carried
e)
Appointment of public members to the Committee of Adjustment and Police Services Board • The report provided Council with background information necessary to appoint members of the public to the Committee of Adjustment and the Police Services Board. Resolution No. 2023-07-08 Moved by Councillor Ruttan Seconded by Councillor Leonard
- That David Herrington be appointed to the Polices Services Board as the public representative for the term of Council.
- That the following (four) public representatives be appointed to the Committee of Adjustment for the term of Council; a. Alan Revill b. Brett Moreland c. Michael Howe d. Kevin Fox Carried
f)
Appointment of Members of Council to Southern Frontenac Community Services Board • The report provided Council with information regarding the appointment of two members of Council as representatives of the Township of South Frontenac (in an observer capacity) to the Southern Frontenac Community Services Board. Resolution No. 2023-07-09 Moved by Councillor Trueman Seconded by Councillor Morey That Councillor Roberts and Councillor Ruttan be appointed as representatives of the Township of South Frontenac (in an observer capacity) to the Southern Frontenac Community Services Board. Carried
10
Committee Meeting Minutes
a)
There were none.
11
By-laws
a)
By-law 2023-001 - Official Plan Amendment Number 24 – Proposed Administrative Amendments to Implement Bills 13 and 109
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Page 7 of 130 Minutes of Council January, 10, 2023 •
The report recommended that Council pass a by-law to adopt a Township-initiated Official Plan Amendment (OPA) to make administrative amendments to the Official Plan to implement Bills 13 and 109.
Resolution No. 2023-07-10 Moved by Deputy Mayor Sleeth Seconded by Councillor Ruttan That By-law 2023-001 being a By-law to amend the Township of South Frontenac Official Plan to implement Provincial Bills 13 and 109 be given first and second reading. Carried Resolution No. 2023-07-11 Moved by Councillor Trueman Seconded by Councillor Ruttan That By-law 2023-001 be given third reading, signed and sealed; and That Council direct staff to prepare and send the Official Plan Amendment package to the County of Frontenac for approval. Carried 12
Reports for Information
a)
Speed Limits in Bellrock Village • The report provided background information on speed limits and newly proposed regulatory signage for the Village of Bellrock.
b)
Update on New South Frontenac Official Plan • Planning provided a progress update to Council on the draft Official Plan since their last report to Council on July 12th, 2022. A first draft Official Plan was circulated to First Nation and Indigenous communities, and external agencies for their technical review on September 15th, 2022, as per Council resolution No. 2022-29-09. The second draft of the Official Plan will be provided to Council on January 11th, 2023. The draft includes all First Nation and Indigenous communities, and external agencies technical comments that were received for Council’s review and consideration. The draft Official Plan will be an agenda item at the special Council meeting on January 31st, 2023. This will provide Council an opportunity to discuss the second draft, timelines, and potential for public consultation in spring 2023.
c)
Budget Survey Feedback - January 2023
13
Information Items
a)
There were none.
14
Notice of Motions
a)
There were none.
15
Announcements/Statements by Councillors
a)
Mayor Vandewal spoke to the host training on bringing local food to market program. Deputy Mayor Sleeth commended Public Services for their efforts during the December 2022 snow storm.
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Page 8 of 130 Minutes of Council January, 10, 2023 16
Question of Clarity (from the public on outcome of agenda items)
a)
There were none.
17
Closed Session
a)
Not applicable.
18
Confirmatory By-law
a)
Resolution Resolution No. 2023-07-12 Moved by Councillor Godfrey Seconded by Councillor Leonard That By-law 2023-002, being a by-law to confirm generally all actions and proceedings of the Council of the Township of South Frontenac, be given first and second reading. Carried Resolution No. 2023-07-13 Moved by Councillor Morey Seconded by Councillor Trueman That By-law 2023-002, being the confirmatory by-law, be given third reading, signed and sealed. Carried
19
Adjournment
a)
Resolution Resolution No. 2023-07-14 Moved by Councillor Ruttan Seconded by Councillor Roberts That the Council meeting of January 10, 2032 be adjourned at 8:50 p.m. Carried
Ron Vandewal, Mayor
Louise Fragnito, Acting-Clerk
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TOWNSHIP OF SOUTH FRONTENAC Committee of the Whole Meeting Minutes
January 17, 2023 Time: 6:30 p.m. Meeting # 8 Location: Council Chamber/Virtual Present: Mayor Ron Vandewal, Charlene Godfrey (Attended Virtually), Ray Leonard, Doug Morey (Attended Virtually), Steve Pegrum, Norm Roberts, Randy Ruttan, Ron Sleeth, Scott Trueman Staff: Louise Fragnito - Chief Administrative Officer & Acting Clerk, Kyle Bolton Director, Public Services, Darcy Knott - Director, Fire & Emergency Services, Shelley Stedall - Director, Corporate Services & Treasurer, Brad Wright - Director, Development Services, Troy Dunlop - Manager, Technical Services, Brian Kirk - Manager, Operations, Christine Woods - Senior Planner, James Thompson - Deputy Clerk, Michelle Hannah - Planning Assistant, Ronnie Joslin - Construction & Technical Services Technologist 1
Call to Order and Roll Call
a)
Resolution Moved by Councillor Roberts Seconded by Councillor Morey That the Committee of the Whole meeting of January 17, 2023 be called to order at 6:30 p.m. Carried
b)
Ms. Hannah conducted the Roll Call.
2
Declaration of pecuniary interest and the general nature thereof
a)
There were none.
3
Approval of Agenda
a)
Resolution Moved by Councillor Ruttan Seconded by Deputy Mayor Sleeth That the agenda be approved, as presented. Carried
4
Scheduled Closed Session
a)
Resolution: Resolve into Committee of the Whole “Closed Meeting”. Moved by Councillor Leonard Seconded by Councillor Pegrum That the Committee of the Whole resolve itself into the Committee of the Whole “Closed Meeting” to consider the following item: Advice that is subject to
Page 10 of 130 Committee of the Whole January 17, 2023 solicitor-client privilege, including communications necessary for that purpose – enforcement of municipal by-laws. Carried d)
Resolution: Rise from Committee of the Whole “Closed Meeting” without reporting. Moved by Councillor Pegrum Seconded by Councillor Roberts That the Committee of the Whole rise from the Committee of the Whole “Closed Meeting” without reporting. Carried
5 Recess - The Committee of the Whole reconvened at 7:10 p.m. for Open Session. 6
Public Meeting
a)
Resolution - Public Meeting - Call to Order Moved by Deputy Mayor Sleeth Seconded by Councillor Godfrey That a public meeting be held to allow for public input on planning matters related to the following: • Public Meeting - Zoning By-law Amendment Application - PL-ZBA-20220157, Shepherd, 1646 Shales Road Carried
b)
Notice of Collection The Deputy Clerk provided notice regarding the collection of personal information in relation to the Public Meetings. Ms. Woods spoke to the Public Meeting Statement.
c)
Public Meeting - Zoning By-law Amendment Application - PL-ZBA-20220157, Shepherd, 1646 Shales Road • The report provided Council with information about Zoning By-law Amendment Application PL-ZBA-2022-0157 for 1646 Shales Road. If approved, the zone on a portion of the subject lands would be changed from Rural (RU) to a property specific Rural (RU-XX) to acknowledge deficient lot frontage. Ms. Woods conducted a PowerPoint presentation regarding PL-ZBA-20220157. Members of Council did not provide comment. Mayor Vandewal afforded members of the public with an opportunity to provide comment. Members of the public did not provide comment.
d)
Resolution - Close Public Meeting Moved by Councillor Morey Seconded by Councillor Trueman That the public meeting be closed.
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Page 11 of 130 Committee of the Whole January 17, 2023 Carried 7
Delegations
a)
Frances Broome was present to speak to the Committee of the Whole regarding livestock in relation to the Zoning By-law.
b)
Joe Gallivan, Director, Planning & Economic Development was present to speak to the Committee of the Whole regarding Community Planning Permit System Implementation in Frontenac - 2023 Budget Proposal.
8
Reports Requiring Direction
9
Reports for Information
a)
2023 Capital Budget Overview
b)
Benefits of Implementing a Community Planning Permit System for Shoreline Protection • Building upon the delegation from County staff on a Community Planning Permit System (CPPS), the report provided a summary of the purpose and benefits of implementing such a planning tool, to specific areas, such as waterfront properties.
10
Rise & Report from Committees of Council
a)
Not applicable.
11
Notice of Motions
a)
There were none.
12
Announcements/Statements by Councillors
a)
There were none.
13
Question of Clarity (from the public on outcome of agenda items)
a)
There were none.
14
Closed Session
a)
Resolution: Resolve into Committee of the Whole “Closed Meeting”. Moved by Councillor Pegrum Seconded by Councillor Trueman That the Committee of the Whole resolve itself into the Committee of the Whole “Closed Meeting” to consider the following items: A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board – Insurance Claim and a proposed or pending acquisition or disposition of land by the municipality or local board. Carried
d)
Resolution: Rise from Committee of the Whole “Closed Meeting” without reporting. Moved by Councillor Godfrey Seconded by Councillor Leonard
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Page 12 of 130 Committee of the Whole January 17, 2023 That the Committee of the Whole rise from Committee of the Whole “Closed Meeting” without reporting. Carried 15
Adjournment
a)
Resolution Moved by Councillor Pegrum Seconded by Councillor Roberts That the Committee of the Whole meeting of January 17, 2023 adjourn at 9:08 p.m. Carried
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Draft New Official Plan Township of South Frontenac January 31, 2023 Page 13 of 130
1
2
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Land Acknowledgement
Agenda 1. 2. 3. 4.
Introductions Purpose of Today’s Presentation Official Plan Context Draft New Official Plan 1.
What’s changed?
Q&A Wrap up and Next Steps
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3
Purpose of Today’s Meeting • • • •
Provide updates on recent changes made to the Draft New Official Plan Answer outstanding questions pertaining to the Draft New Official Plan Understand the Draft New Official Plan before formal release to the public Obtain Council’s endorsement for public release
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4
The New Official Plan Page 17 of 130
5
Official Plan Context Broad Issues
Planning Act amended legislation and regulations Provincial Policy Statement updated 2020
Frontenac County Official Plan updated 2016 South Frontenac Official Plan 2003 Zoning By-law Land Division
Many of the changes to the Official Plan (OP), such as growth allocation, are driven by changes in the Provincial Policy Statement and County OP.
•
The changes to our OP are required for conformity with these guiding documents.
Site Plan Control Minor Variances
Specific Issues 6
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•
Foundational Elements of the New Official Plan – Vision
Broad Issues
Specific Issues 7
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South Frontenac is a progressive, forward-looking municipality that balances facilitating growth that meets the needs of all our residents with environmental leadership in the protection of our outstanding natural assets to enhance the exceptional lifestyle, rural character, and economic opportunities offered by the Township.
Project Overview, Timeline and Milestones
Visioning Council Workshop: Workshops Strategic Directions Fall 2019
Consultation: Draft OP
Final OP for Council Adoption
July - October 2021
Winter/Spring 2023
Summer 2023
March 2021
June 2021
December 2021
Summer 2023
Consulting Team Engaged
Vision, Goals and Guiding Principles
- Road Map for the new OP
Policy Framework Report
Statutory Open House and Public Meeting for Draft OP
Refer to staff report on details of timeline (dates of open houses and statutory meeting)
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8
May 2021
Consultation: Policy Directions
Engagement So Far Broad Issues
9
•
In-person Open Houses (Fall 2019)
•
Online Open Houses (August 2021)
•
Online surveys (Fall 2019 & Fall 2021)
•
Policy brochures (August 2021)
•
Direct stakeholder meetings
•
Aboriginal consultation
•
Former Council (May 2022) Page 21 of 130
Specific Issues
Engagement for the new Official Plan has been conducted through several channels:
Engagement So Far Broad Issues
Comments were also received from the following specific agencies and groups: •
County of Frontenac;
•
Cataraqui Conservation*;
•
CN Rail*;
•
Algonquins of Ontario*; and,
•
Parks Canada*.
Specific Issues 10
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*Comments were generally supportive of the new OP. Any feedback has been addressed within the new draft of the OP and has been marked in your copies with bold and underlined text.
Engagement So Far
The most-discussed topics of feedback were: • • • • • •
11
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Specific Issues
Settlement Areas Lot severances Mineral Aggregate Resource Areas Waterfront development Waterfront protection Rideau Canal
Key Topics
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12
The New Official Plan – Growth Management Broad Issues
Watson & Associates completed a growth management report that highlighted the importance of managing and directing growth to Settlement Areas. Growth management policies are required to ensure that as the Township continues to mature, grow and evolve, it does so in a financially, environmentally, and socioeconomically sustainable manner.
Specific Issues 13
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It is important that the Township has a plan in place to adapt and accommodate this growth.
The New Official Plan – Growth Management Broad Issues
14
Tertiary Settlement Areas will be renamed to “Historic Hamlets” in the next draft of the OP.
•
These areas are culturally significant to the Township.
•
The County has provided guidance on ways to recognize these areas and manage growth.
•
Focusing on the Primary and Secondary Settlement Areas helps South Frontenac better guide growth.
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Specific Issues
•
The New Official Plan – Growth Management
An increase of 5,440 residents across 30 years is an average of approximately 181 new residents each year. The growth management study estimates that 50% of growth will occur in Settlement Areas.
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It is a goal of the new OP to encourage communal servicing. This is only possible when we are able to predict where groups of houses are to be built. Plans of subdivisions make it easy to support new housing with communal servicing.
15
The New Official Plan – Growth Management Broad Issues
16
Cut-off date for severances is being changed from 2000 to 2003.
•
The Ministry of Municipal Affairs and Housing and the County of Frontenac will not allow unlimited severances. We are working with them and their policies to find a suitable middle ground.
•
Growth is still being directed to Primary and Secondary Settlement Areas.
•
The OP continues to support development outside of Settlement Areas.
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Specific Issues
•
The New Official Plan – Growth Management
The goals of the consent policies are to direct growth to Settlement Areas, to meet these objectives: Ensuring all residents can access goods, services, and places of employment, and making it easier to do so as the Township’s communities grow.
•
Supporting the use of alternative forms of active transportation options (e.g. cycling and walking) to improve accessibility and impact on the environment.
•
Meeting the housing needs of people of all ages, abilities, and income groups.
•
Ensuring that actions and the use of resources consider immediate and long-term environmental and fiscal impacts.
Page 29 of 130
17
•
The New Official Plan – Growth Management Broad Issues
18
It is still the Township’s goal to have communal servicing for new development in Settlement Areas.
•
Communal servicing is supported by the County and by the Province, where feasible (PPS 1.6.6.3).
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Specific Issues
•
Provincial Legislation Page 31 of 130
19
Impacts of Provincial Legislation Broad Issues
• • • •
20
Page 32 of 130
Specific Issues
New provincial legislation (Bill 109, Bill 23) will not prevent the implementation of communal servicing in the Township. The current version of the Draft New OP does not contain revisions to address Bill 23. We are exploring using a Community Planning Permit System in waterfront areas. Some impacts of provincial legislation will affect conservation authorities and development timelines. o Natural heritage policies o Pre-consultation o Engineering review
Questions and Comments Page 33 of 130
21
Next Steps
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22
Next Steps
23
Page 35 of 130
Staff is asking for Council direction on the formal release of the Draft OP for public consultation and feedback following today’s meeting. Incorporate feedback from the County of Frontenac and Council’s review of the second draft of the OP. Staff will conduct a thorough review of the OP. Engagement with Heritage Committee and Lake Ecosystems Committee. Public engagement consultation for Spring 2023. Consider comments and input received through the consultation period and revise the OP, as appropriate. Bring a revised, final draft to Council in Summer 2023.
Thank you!
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24
Page 37 of 130
To: Council Prepared by: Development Services Department Date of Meeting: January 31, 2023 Subject:
Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan
Summary Staff are seeking support from Council to proceed with public consultation and a revised schedule to adopt the new Official Plan. Open houses and statutory public meetings are legislated requirements and provide an opportunity for public input and comment on Official Plan policy direction.
Recommendation THAT Council endorse the schedule to consider the adoption of the Official Plan and provide for public consultation; and THAT Council direct staff to engage the Heritage Committee and Lake Ecosystems Committee for input and comment; and THAT Council direct staff to schedule a Virtual Open House, In-person Open House, and Statutory Public Meeting to facilitate public consultation.
Background The Official Plan Review Team (Dillon Consulting and Planning staff) presented the 1st draft of the Official Plan to Council at a special Committee of the Whole meeting on May 24, 2022, and June 28, 2022. A 1st draft Official Plan was circulated to First Nation and Indigenous communities, and external agencies for their technical review on September 15th, 2022, as per Council resolution No. 2022-29-09. The 2nd draft of the Official Plan was provided to Council on January 11th, 2023, for review and consideration. The 2nd draft includes all First Nation and Indigenous communities, and external agencies technical comments that were received by December 15th, 2022. This report and presentation by the Official Plan Review Team will provide Council an opportunity to discuss the 2nd draft, schedule, and potential for public consultation in early 2023. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 38 of 130 Township of South Frontenac Staff Report – Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan
Discussion/Analysis 1st draft circulation Formal circulation of the draft Official Plan to First Nation and Indigenous Communities, and external agencies occurred on September 15th, 2022. Comments received ranged from policy edits and revisions, to highlighting mapping issues and/or inconsistencies within the draft Official Plan document. Some examples of comments received include, the Algonquins of Ontario requested policy additions and edits such as the right (but not obligation) to install storyboards and related landscaped areas at boat launches and along trails as part of the Township’s signage and wayfinding initiatives. Parks Canada requested edits to the Rideau Canal references. Cataraqui Conservation suggested policy additions and edits, as well as the addition of technical document requirements as part of the waterfront development policy section and as an appendix. The County of Frontenac is the approval authority for the Official Plan. County Planning staff provided comments on December 22nd, 2022. Suggested revisions from County staff included consideration of the recent changes in Provincial legislation and passing of Bill 23 (such as parkland dedication, changes to wetland evaluation protocols, involvement of Conservation Authorities in development review, and the exemption of site plan control of developments of up to ten (10) residential units). Other policy comments were related to growth and settlement areas, secondary plans, waterfront development and private roads. The Official Plan Review Team will meet with County staff to discuss their comments in more detail. Due to the timing of the County submission, their comments will be incorporated in the next draft of the Official Plan. Revised Schedule The Official Plan Review Team has developed a revised schedule associated with adopting the Official Plan (see Table 1 below). After consultation with staff and the consultant team, the original November 2023 completion target date (proposed June 28th, 2022) has been moved forward to July 2023. Factors supporting this revised completion target date include considerable public input being received during the in-person visioning workshops and online survey, as well as the fact that agency comments received to date have not required major revisions. The revised schedule allows for advertisement of open houses and the statutory public meeting with the tax bill mail out in March 2023. Inclusion of seasonal residents has been considered by proposing a virtual open house (April 25th, 2023) and hybrid Statutory Public Meeting (May 30th, 2023). Consultation with committees and organizations is scheduled for spring 2023.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 39 of 130 Township of South Frontenac Staff Report – Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan
The proposed schedule allows sufficient time for Dillon Consulting and planning staff to consider comments received from Council, committees, organizations, and the public in early 2023. Table 1. Revised Schedule for Adoption of the New Official Plan. Date Official Plan Task January 2023 Introduce Official Plan project to new Council. January 2023 Present 2nd draft of Official Plan to Council that would include technical agency review comments. January 2023 Planning staff provide technical comments to Dillon Consulting March 2023 Notice of Open Houses/Statutory Public Meeting into tax bill mail out February - April 2023 Consultation with committees and organizations:
- Lake Ecosystem Committee
- Heritage Committee
- Frontenac Federation of Agriculture
- Lake Associations April 25th, 2023 Virtual Open House May 23rd, 2023 In-person Open House May 30th, 2023 Statutory Public Meeting (hybrid attendance option) June 2023 Official Plan Review Team prepares final draft of Official Plan for Council July 2023 Recommendation Report for Adoption of new Official Plan to Council July 2023 Forward new Official Plan to County Council for Approval Public Consultation The Planning Act sets out requirements for public consultation in advance of decisions on land use planning matters, such as new or amended official plans, zoning by-laws, plans of subdivision and land severances. The requirements include the timing, method and extent of public notification, and the number, timing, and format of public meetings. As part of the Official Plan review process, one (1) open house and two (2) Statutory Public meetings are legislated requirements. The first Statutory Public Meeting was held in late 2019 as part of the launch of the Official Plan review process. Council provided direction to staff to add one (1) additional open house meeting to facilitate public input. As a result, staff are recommending one (1) Virtual Open House to engage seasonal residents, and one (1) In-Person Open House.
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Page 40 of 130 Township of South Frontenac Staff Report – Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan
Financial Implications The preparation of the Official Plan is an already budgeted expense.
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: 2. Promote and support growth that meets the community’s needs while maintaining the integrity of our natural environment.
Action Item: Official Plan supports complete communities and innovative rural development
Climate Considerations ☐ Not applicable to this report. ☒ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. The Official Plan includes draft policies related to sustainability and climate change. It provides a framework for the Township to prepare a climate change action plan.
Notice/Consultation The following staff have been consulted in the preparation of this report: • • • •
Sarah Cadue, Planner Christine Woods, Senior Planner Dillon Consulting Team – Rory Baksh, Kelly Martel, Megan Reddy Joe Gallivan and Sonya Bolton, Frontenac County Planning and Development
Attachments None
Approvals Submitted By:
Brad Wright
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 41 of 130 Township of South Frontenac Staff Report – Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan
Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Page 42 of 130
To: Council Prepared by: Development Services Department Date of Meeting: January 31, 2023 Subject:
Zoning By-law Amendment Application PL-ZBA-2022-0123, David Blunden, 2207 Wellington Street
Summary This report recommends that Council pass a by-law to change the zone on the subject property to permit a single detached dwelling.
Recommendation THAT By-law 2023-03 to amend the zoning on lands known as 2207 Wellington Street, Part 1, Plan 13R-7409, Part Lot 11, Concession 9, District of Storrington, Township of South Frontenac be given first and second reading; and That By-law 2023-03 be given third reading, signed and sealed.
Background Council held a virtual public meeting under the Planning Act on December 20, 2022, on the proposed amendment to Zoning By-law 2003-75. This application is being brought forward to Council for a decision. Summary of Application The purpose of the application is to change the zoning on the property from Special Urban Industrial Zone (UI-6) to Urban Residential - First Density Zone (UR1). The current UI-6 zone allows for the garage on the property to be used for indoor storage. The change to UR1 zone would permit the proposed conversion of the existing garage to a singledetached dwelling. The subject property was originally rezoned from Urban Residential-First Density Zone (UR-1) to Special Urban Industrial Zone (UI-6) in 2009 to permit the development of a storage building on the property without a primary use on the property (By-law 2009-77). The storage building was then constructed with a building permit in 2010 (application 10368). The current UI-6 zone only permits enclosed storage therefore a zoning amendment is required to permit the proposed conversion of the storage building to a single detached dwelling. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Township of South Frontenac Staff Report - PL-ZBA-2022-0123, David Blunden, 2207 Wellington Street
Page 43 of 130
Property Description The subject property is located on Wellington Street in Battersea. The property is 0.53 hectares in area and has approximately 79 metres of road frontage. There is an existing one-storey storage building with a 101 square metre footprint on the property. The property is surrounded by other residential properties and is located in an area that is predominantly zoned UR1.
Consultation Department and Agency Comments Public Services has no objection to the approval of this application. The application was circulated to Building Services who noted that a suitable location for a proposed sewage system exists to service the proposed dwelling. They noted that a building permit application for the installation of a sewage system has been received by the building department. The owner will need to submit a building permit application for the conversion of the storage building to a singled detached dwelling if the rezoning application is approved by Council. Public Comments A virtual public meeting was held under the Planning Act on December 20, 2022. No public comments were made on the application at the meeting and no written submissions have been received from the public on the application.
Discussion/Analysis The proposed zoning by-law amendment was assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. Provincial Policy Statement (PPS): The Provincial Policy Statement (PPS) (2020) provides policy direction on matters of provincial interest pertaining to land use planning and development. Section 3 of the Planning Act requires that the decisions of municipal council “be consistent” with the PPS. The policies of the PPS provide direction to municipalities for the appropriate development of land such that provincial interest regarding matters such as natural resources, public health and safety, and the natural environment, are respected. Municipal councils are to ensure their decisions and policies provide for an efficient pattern of land use, municipal services and transportation infrastructure are available or can be reasonably provided, resources are protected, and that development contributes to the long-term prosperity of the municipality. The subject property is designated as Settlement Area in the Official Plan. Section 1.1.3.1 of the PPS states that settlement areas shall be the focus of growth and development. Section 1.1.3.2 states that a mix of land uses shall be permitted in settlement areas. Based www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Township of South Frontenac Staff Report - PL-ZBA-2022-0123, David Blunden, 2207 Wellington Street
Page 44 of 130
on this, the proposed residential land use is permitted within the settlement area. The requested zoning amendment is consistent with the PPS. Frontenac County Official Plan: The Frontenac County Official Plan provides general direction on planning and development in Frontenac County by defining strategic goals, broad objectives, and policies. The Growth Management policies of Section 3 provide direction on development within settlement areas and rural areas. The subject property is located within a settlement area (Battersea). The policies of Section 3.2.2.1 of the County OP promote mixed use development in settlement areas including residential, commercial, institutional, parks, and employment areas. The proposed residential use is consistent with the policies of the County OP. Township Official Plan: The property subject to this application is designated Settlement Area in the Official Plan (OP) and is located within the settlement area of Battersea. It is intended that most of the new growth in the Township is directed to existing settlement areas where it can be supported by appropriate servicing. Settlement areas are intended to be developed for a variety of compatible uses. The residential policies of Section 5.6.1(i) permit a range of residential uses. The proposed conversion of the existing storage building to a single detached dwelling is permitted as a residential use. Section 5.6.1(ii) outlines development criteria for single detached dwellings within settlement areas regarding servicing of development, minimum lot sizes, and land use compatibility. Development is permitted on private water supply and sanitary sewage disposal systems. The proposed dwelling will be serviced with an existing well and with a septic system to be constructed on the property. The well record provided by the applicant indicates an existing pump rate of 20 gallons per minute. The pump rate is greater than the minimum pump rate required by the Township (3.5 gallons per minute over a 6-hour pump test) which suggests that the existing well can produce an adequate volume of water for the proposed dwelling. Drinking water quality (potable water) will need to be confirmed as part of the required permit under the Ontario Building Code. Any water quality concerns can generally be addressed through an appropriate water treatment unit. Regarding on-site sewage services, a building permit application has been submitted for a septic system. Building Services reviewed the property and confirmed that a suitable location for a proposed sewage system exists to service the proposed dwelling. The Official Plan generally requires a minimum lot area of 0.8 hectares for the development of singled detached dwellings within the settlement area. The intent of this provision is to ensure that new residential development can be adequately serviced. The subject lot is an existing lot of record being 0.53 hectares in area. The lot is significantly larger than other www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Township of South Frontenac Staff Report - PL-ZBA-2022-0123, David Blunden, 2207 Wellington Street
Page 45 of 130
developed residential lots within the settlement area. Section 5.12 of the Township’s Zoning By-law permits a lot that has a lesser lot area or lot frontage than that required by the applicable zone to be used in accordance with the permitted uses of the applicable zone (UR1). As noted above, there are no concerns with the ability of the proposed residential use to be serviced with a private well and septic system. The Official Plan also requires development of single detached dwellings and other low density residential uses within settlement areas to be compatible with existing and proposed land uses. These uses generally should not be located adjacent to higher density residential, commercial or industrial uses. The property is surrounded by residential properties and all the surrounding properties are zoned UR1. The proposed single detached dwelling is proposed to be located within an existing storage building on the property. This existing building is located in the middle of the property and is visually screened from surrounding properties by the existing tree cover on the property. Overall, the proposal would be compatible with the surrounding land uses and no additional buffering or screening is required. The subject property has approximately 79 metres of frontage on Wellington Street. This road is maintained year-round and is accessible by Emergency Services. There is an existing entrance to the property and there is sufficient area on the property to accommodate parking required for the proposed single detached dwelling. Township Zoning By-law: The subject property is currently zoned Special Urban Industrial (UI-6). The only permitted uses of the UI-6 zone is indoor storage. The proposed Urban Residential - First Density Zone (UR1) zone permits a single detached dwelling. The proposed zone would enable the existing storage building to be converted to a single detached dwelling. The location of the building exceeds all the applicable UR1 minimum setbacks from property lines required for a single detached dwelling. Section 5.30 of the Zoning By-law requires a minimum of two parking spaces for every dwelling unit. There is an adequately sized parking area on the property to provide at least two parking spaces for the proposed dwelling. Conclusion: It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject property.
Financial Implications Not applicable.
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Township of South Frontenac Staff Report - PL-ZBA-2022-0123, David Blunden, 2207 Wellington Street
Page 46 of 130
Relationship to Strategic Plans ☒ Not applicable to this report.
☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: Choose an item.
Climate Considerations ☒ Not applicable to this report.
Notice/Consultation Council held a virtual public meeting under the Planning Act on December 20, 2022.
Attachment
- By-law 2023-03
Approvals Report Prepared By: Tom Fehr, Planner Submitted By:
Brad Wright Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Page 47 of 130
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-03 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM SPECIAL URBAN INDUSTRIAL (UI-6) TO URBAN RESIDENTIAL – FIRST DENSITY (UR1) ON LANDS DESCRIBED AS 2207 WELLINGTON STREET, PART 1, PLAN 13R-7409, PART LOT 11, CONCESSION 9, DISTRICT OF STORRINGTON: BLUNDEN WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “H” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Special Urban Industrial Zone (UI-6) to Urban Residential – First Density Zone (UR1) for the lands shown on Schedule “1”.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this 31st day of January, 2023. Read a first and second time this 31st day of January, 2023. Read a third time and finally passed this 31st day of January, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Louise Fragnito, CAO/Acting Clerk
Page 48 of 130 Schedule 1 This is Schedule “1” to By-law No. 2023-003.
Page 49 of 130
To:
Council
Prepared by:
Office of the Clerk
Date of Meeting:
January 31, 2023
Subject:
Committee By-law
Summary The purpose of the Report is to provide Council with additional information and recommend approval of the Committee By-law, attached as Exhibit A of the Report as well as the associated administrative amendments to Schedule A of By-law 2017-76, (Council Procedure By-law) attached as Exhibit B of the Report. Recommendation That By-law 2023-04, attached as Exhibit A, being “A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Corporation of The Township of South Frontenac” be given first and second reading; and That By-law 2023-04 being “A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Corporation of The Township of South Frontenac” be given third reading, signed and sealed; and That By-law 2023-05, attached as Exhibit B, being “A By-law To Amend By-law 2017-76, “A By-law to Provide for Governing The Proceedings of the Council, The Conduct of Members and the Calling of Meetings” be given first and second reading; and That By-law 2023-05 being “A By-law To Amend By-law 2017-76, “A By-law to Provide for Governing The Proceedings of the Council, The Conduct of Members and the Calling of Meetings” be given third reading, signed and sealed.
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Page 50 of 130 Township of South Frontenac Staff Report - Committee By-law
Background At the December 20, 2022 meeting of Council, staff presented an initial report (Exhibit C) regarding the proposed implementation of the Committee By-law. The report illustrated that the Committee By-law is intended to harmonize processes and procedures related to the governance of committees and boards within the jurisdiction of the Township of South Frontenac. Additionally, the Committee By-law will define the composition and mandates of committees and boards with representation from the Township of South Frontenac in a consolidated document which will provide further clarity from a procedural standpoint. The proposed Committee By-law will govern the following committees and boards: Advisory Committees Heritage Advisory Committee
Legislated Committees Committee of Adjustment
Lake Ecosystem Advisory Committee
Compliance Audit Committee
Recreation & Leisure Services Advisory Committee
Police Services Board
External Boards Cataraqui Region Conservation Authority Board Quinte Conservation Authority Board Rideau Valley Conservation Authority Board Frontenac Community Area Board Southern Frontenac Community Services Board
Community Committees Battersea Pumpkin Festival Committee Bellrock Community Hall Committee Harrowsmith Beautification Committee Portland Community Caring Committee South Frontenac Museum Board South Frontenac Rides Committee Verona Community Association Verona Medical Center Committee
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Page 51 of 130 Township of South Frontenac Staff Report - Committee By-law
Following consideration of the (December 20, 2022) report, Council approved the following resolution: “Moved by Councillor Ruttan Seconded by Councillor Pegrum That the Corporate Services Committee, Development Services Committee and Public Services Committee be dissolved; and That Council approve in principle, Schedule “A” through Schedule “E” of Exhibit A, to allow staff to begin preparation for committee recruitment to occur in January, 2023; and That Council direct staff to provide notice in order for Council to hold a public meeting on January 31, 2023, in accordance to By-law 2016-73, regarding amendments to the Council Procedure By-law, (By-law 2017-76) required to implement the proposed Committee By-law. Carried” Discussion/Analysis As outlined in the report presented to Council on December 20, 2022, the proposed Committee By-law is intended to function in conjunction with the Council Procedure By-law. The Committee By-law states that except as otherwise provided for in the (Committee) Bylaw, all committees and boards (with the exception of External Boards) must conform to the rules governing the procedures of a meeting of Council as outlined in the Council Procedure By-law. The proposed Committee By-law, attached as Exhibit A, reflects the document which was presented to Council on December 20, 2022 with the exception of one amendment. Section 1.1 of the Committee By-law relates to the application of the Code of Conduct to committees and boards. However, the membership of the Police Services Board will not be bound by the Code of Conduct as the conduct of the Police Services Board is governed by the Police Services Act. Administrative Amendments to Schedule A of By-law 2017-76: Administrative amendments to Sections; 2. f., 2. g., 3. a. and the entirety of Section 7. of Schedule A of By-law 2017-76 are required in order for the Committee By-law to have the authority to govern boards and committees.
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Page 52 of 130 Township of South Frontenac Staff Report - Committee By-law
The following table outlines the proposed amendment to Section 2. f. of Schedule A of Bylaw 2017-76: (Proposed Amendments are in red text.) Existing Wording NOTICE REQUIREMENTS
Amended Wording NOTICE REQUIREMENTS
Notice to Members of Council and Staff
Notice to Members of Council and Staff
The Clerk will give notice of all Council and committee meetings to members of Council and to all Department Heads. The notice will be accompanied by an agenda and any other matter to be addressed at the meeting.
The Clerk, Deputy Clerk or Secretary Treasurer will give notice of all Council and advisory or legislated committee meetings to members of Council and to all Department Heads. The notice will be accompanied by an agenda and any other matter to be addressed at the meeting.
The proposed administrative amendment to Section 2. f. of Schedule A of By-law 2017-76 expands the responsibility of complying with notice requirements to the Deputy Clerk and Secretary Treasurer.
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Page 53 of 130 Township of South Frontenac Staff Report - Committee By-law
The following table outlines the proposed amendments to Section 2. g. of Schedule A of By-law 2017-76: (Proposed Amendments are in red text.) Existing Wording SPECIAL MEETINGS - A special meeting may be called under the following circumstances: • The Mayor may at any time summon a special meeting. • Upon receipt of a petition of the majority of the members of Council, the Clerk shall call a special meeting for the purpose and at the time mentioned in the petition. Notice may be given by telephone, e-mail or facsimile transmission or posting to Agenda Notes. The agenda for a special meeting will be prepared by the Clerk in consultation with the Mayor and will be approved by Council at the meeting. Delegations may be scheduled by the Clerk to be heard by Council during a special meeting as appropriate. Closed session (if requested) will be a standing item on every special meeting agenda. If there is no by-law or petition fixing the place of a special meeting, that meeting shall be held at the place where the last regular meeting was held.
Amended Wording SPECIAL MEETINGS - A special meeting may be called under the following circumstances: • The Mayor may at any time summon a special meeting. • An advisory or legislated committee chair may at any time summon a special meeting upon receiving permission from the Clerk. • Upon receipt of a petition of the majority of the members of Council, the Clerk shall call a special meeting for the purpose and at the time mentioned in the petition. Notice may be given by telephone, e-mail or facsimile transmission or posting to Agenda Notes. The agenda for a special meeting will be prepared by the Clerk, Deputy Clerk or Secretary Treasurer in consultation with the Mayor or committee chair and will be approved at the meeting. Delegations may be scheduled by the Clerk or Deputy Clerk to be heard by Council or committee during a special meeting as appropriate. Closed session (if requested) will be a standing item on every special meeting agenda. If there is no by-law or petition fixing the place of a special meeting, that meeting shall be held at the place where the last regular meeting was held.
The proposed administrative amendments to Section 2. g. of Schedule A of By-law 2017-76 permits a chair of an advisory or legislated committee to call a special meeting provided that permission has been granted by the Clerk. Additionally, the administrative amendments delegate the responsibility of committee agenda preparation to the Deputy Clerk or Secretary Treasurer.
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Page 54 of 130 Township of South Frontenac Staff Report - Committee By-law
The following table outlines the proposed amendments to Section 3. a. of Schedule A of By-law 2017-76: (Proposed Amendments are in red text.) Existing Wording COUNCIL Agenda:
- Call to Order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Approval of Minutes
- Business Arising
- Reports Requiring Action
- Committee Meeting Minutes
- By-laws
- Reports for Information
- Information Items
- Notice of Motions
- Announcements/Statement by Councillors
- Question of clarity (from the public on outcome of agenda items)
- Closed Session (if requested)
- Confirmatory By-law
- Adjournment COMMITTEE OF THE WHOLE Agenda:
- Call to order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Reports Requiring Direction
- Reports for Information
- Rise and Report from Committees of Council (rotating basis)
- Information Items
- Notice of Motions
- Announcements/Statements by Councillors
- Question of clarity (from the public on outcome of agenda items)
- Closed Session (if requested)
- Adjournment
Amended Wording COUNCIL Agenda:
- Call to Order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Approval of Minutes
- Business Arising
- Reports Requiring Action
- Advisory Committee Reports or Minutes
- By-laws
- Reports for Information
- Information Items
- Notice of Motions
- Announcements/Statement by Councillors
- Question of clarity (from the public on outcome of agenda items)
- Closed Session (if requested)
- Confirmatory By-law
- Adjournment COMMITTEE OF THE WHOLE Agenda:
- Call to order
- Declaration of pecuniary interest and the general nature thereof
- Approval of Agenda
- Scheduled Closed Session
- Recess
- Public Meeting
- Delegations
- Reports Requiring Direction
- Reports for Information
- Rise and Report regarding County Council and External Boards
- Information Items
- Notice of Motions
- Announcements/Statements by Councillors
- Question of clarity (from the public on outcome of agenda items)
- Closed Session (if requested)
- Adjournment
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Page 55 of 130 Township of South Frontenac Staff Report - Committee By-law
The proposed administrative amendments to Section 3. a. of Schedule A of By-law 2017-76 alters the process in which information from boards and committees is received by Council or the Committee of the Whole. Staff are recommending that Section 7. of Schedule A of By-law 2017-76 be deleted in its entirety and replaced with a revised Section 7. which reads as follows: “7 - COMMITTEES a) APPLICATION OF THIS BY-LAW TO COMMITTEES - The rules governing the procedures of Council and the conduct of Members as set out in this By-Law shall be observed in all Committees in so far as they are applicable or as otherwise provided for in the Committee By-Law. b) EXTERNAL COMMITTEES/BOARDS - Council may from time to time appoint, by resolution, individuals to external committees or boards. The term of office for community members shall be two terms, the length of which will be decided by Council. Terms are to be staggered such that there is always a productive mix of experienced and new volunteer members. c) QUORUM - A quorum shall be a majority of those appointed to a Committee by Council. A majority is more than half of the total number of those appointed to the Committee. d) COMMENCEMENT OF MEETINGS - If a Committee Chair or Committee Vice Chair is not present within fifteen minutes from the time of the opening of the Committee meeting, the members present will elect another member of the Committee to preside. That member will discharge the duties of the Presiding Officer for that meeting, or until the arrival of the Committee Chair or Vice-Chair. e) VOTING - Any member, including the Committee Chair, may propose or second a motion. When the Committee Chair proposes a motion, he or she must vacate the chair to the Vice-Chair of the Committee during the debate on the motion and resume the chair following the vote. All members will vote on all motions except when disqualified by reasons of pecuniary interest or otherwise. f) DUTIES - Council may discharge from responsibility any Committee, which refuses or neglects to give due consideration to any matter before it. Council may then allot such responsibility to another Committee. g) CLERK, DEPUTY CLERK OR SECRETARY TREASURER TO PRESIDE AT FIRST MEETING - The Clerk, Deputy Clerk or Secretary Treasurer shall preside at the first Meeting of each Committee or Board in each calendar year for the purpose of electing the Chair of that Committee. Upon election, the Chair shall preside at the Meeting.” www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 56 of 130 Township of South Frontenac Staff Report - Committee By-law
The proposed amendments to Section 7. of Schedule A of By-law 2017-76 account for the majority of committee process to be defined as outlined in the Committee By-law. In the event that the procedural matter is not outlined in the Committee By-law, the committee or board will rely on By-law 2017-76 for procedural guidance. Notice Requirements: As directed by Council on December 20, 2022, staff provided notice to allow for Council to hold a public meeting on January 31, 2023 in order to seek comment from the public regarding amendments to the Council Procedure By-law, (By-law 2017-76) required to implement the proposed Committee By-law. By-law 2016-73, A By-Law to Prescribe The Form And Manner And Times For The Provision Of Notice outlines the notice requirements to amend the Council Procedure Bylaw. Specifically, a full notice shall be published at least four weeks in advance of the meeting on the Township website. Additionally, a summary of the Notice shall be published in the weekly banner advertising directing readers to the website four weeks in advance of the meeting. A subsequent notice shall be published one week in advance of the meeting. The following notice was published in the Frontenac News on December 21, 2022 and on January 11, 18 and 25, 2023: “Public Meeting Notice Take Notice that the Council of The Corporation of the Township of South Frontenac will host a public meeting on January 31, 2023, at 7:00 pm on proposed amendments to By-law 2017-76 which provides for the governing the proceedings of Council, the conduct of members and the calling of meetings. The amendments are related to the proposed implementation of the Committee By-law. Members of the public may review the agenda and register to participate in the meeting via Zoom at https://southfrontenac.civicweb.net/Portal/MeetingSchedule.aspx. Residents may contact the Deputy Clerk, James Thompson at jthompson@southfrontenac.net or by phone at 613-376-3027, x2239 for more information. Any written comments should be submitted to the Deputy Clerk by noon on January 31, 2023.
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Page 57 of 130 Township of South Frontenac Staff Report - Committee By-law
The following notice was published on the Township of South Frontenac website on December 19, 2022: “The Council of The Corporation of the Township of South Frontenac is holding a public meeting on proposed amendments to By-law 2017-76 which provides for governing the proceedings of Council, the conduct of members and the calling of meetings. The amendments are related to the proposed implementation of the Committee By-law. • • •
Date: January 31, 2023 Time: 7:00 p.m. Location: Virtual Meeting (Zoom)
Members of the public may review the agenda and register to participate in the Public Meeting via Zoom here. Residents may contact the Deputy Clerk, James Thompson at jthompson@southfrontenac.net or by phone at 613-376-3027, x2239 for more information. Any written comments should be submitted to the Deputy Clerk by noon on January 31, 2023.” Members of the public have yet to submit comments to staff regarding this matter. Staff are recommending approval of the Committee By-law at the January 31, 2023 Council meeting provided that significant concerns are not raised during the public meeting. Next Steps: Members of the public have yet to submit comments to staff regarding this matter. As such, staff are recommending approval of the Committee By-law at the January 31, 2023 Council meeting provided that significant concerns are not raised during the public meeting. As per Council direction at the December 20, 2022 Council meeting, staff are currently recruiting members of the public to serve on the Heritage Advisory Committee, Lake Ecosystem Advisory Committee and the Recreation and Leisure Services Advisory Committee. Council will be requested to appoint members of the public to the aforementioned committees at the February 7, 2023 Council meeting. Upon approval of the Committee By-law, staff will contact community committee representatives to coordinate the appointment of community committee members. Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: Choose an item. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 58 of 130 Township of South Frontenac Staff Report - Committee By-law
Climate Considerations ☒ Not applicable to this report. Notice/Consultation
- Louise Fragnito, Chief Administrative Officer Attachments Exhibit A – By-law 2023-04 – ‘A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Corporation of The Township of South Frontenac’. Exhibit B – By-law 2023-05 - A By-Law to Amend By-Law 2017-76, ‘A By-Law To Provide For Governing The Proceedings Of The Council, The Conduct Of Members And The Calling Of Meetings’. Exhibit C – Committee By-law Report, December 20, 2022 Approvals Prepared and submitted by: James Thompson, Deputy Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Exhibit A Page 59 of 130
Committee By-law By-law 2023-04
“A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Corporation of The Township of South Frontenac”
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A 60 of 130 PagePage 2 of 26
Township of South Frontenac By-Law 2023-04 A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Township of South Frontenac Passed: January 31, 2023 Whereas By-law 2017-76, ‘Procedure By-law’ establishes the rules and procedures under which Council and Committees of Council are to operate; and, Whereas Council has established committees and boards that are comprised of both members of the public and members of Council; Now Therefore Be It Resolved That the Council of The Corporation of the Township of South Frontenac enacts as follows: 1.0 Application of the Committee By-law 1.1 Code of Conduct Excluding the membership of the Police Services Board, all members of Council and members of the public appointed by the Township of South Frontenac to a board, committee or community committee outlined in the Committee By-law must abide to Bylaw 2019-12, A By-Law to Adopt A Council Code Of Conduct, Complaint Protocol And A Council Staff Relationship Policy And Delegate To The Integrity Commissioner The Authority To Impose Penalties Under The Code Of Conduct. 1.2 Use of Terms; “Agency”, “Board” and “Committee” The use of the terms “Agency”, “Committee” and “Board” shall be used interchangeably for the purpose of the Committee By-law. 2.0 Policy For Creating, Amending or Dissolving a Committee, Sub-Committee or Working Group 2.1 Procedure Council may create a new committee, amend an existing committee and/or its mandate/terms of reference, or dissolve an existing committee in accordance with the following sub-sections. A non-statutory advisory committee shall not extend beyond the term of Council unless the newly elected Council confirms by resolution the continuance of the committee.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A 61 of 130 PagePage 3 of 26
2.2 Creating a Committee - Council may create a new committee in response to any of the following: (a) Requirements of applicable legislation or regulation (Federal, Provincial or Municipal Bylaw); (b) Changing priorities; (c) To address significant public issues or trends; (d) Where public input is deemed desirable; (e) Recommendation and report by staff; and, (f) Any other reason deemed appropriate by Council. In creating a new committee, Council shall have regard for the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) 2.3
Establishing a clearly defined mandate and terms of reference; Membership and quorum requirements/qualifications; Composition of the committee; Alignment with the Strategic Plan, Departmental goals and objectives; The reporting relationship and frequency of meetings; Public and financial considerations; Staff resources to be made available and the impacts on Township Departments; The need for any sub-committees/working groups; and, Defined timeline for completion of the assigned tasks (i.e. sunset date).
Amending A Committee and/or Its Mandate Amendments to the mandate/terms of reference of a committee may be initiated by Council, by resolution of the committee or by a report and recommendation from staff. The following factors may be considered by Council when amending a committee’s mandate/terms of reference: (a) (b) (c) (d) (e) (f) (g)
Impact of the change on the mandate/terms of reference; Continued relevance of the committee’s purpose and/or function; The degree of public interest; Changes to the applicable legislation or regulations; Changing Council priorities or new issues at Council; Cost analysis and required resources; and, Committee sunset date.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law” 2.4
Exhibit A 62 of 130 PagePage 4 of 26
Dissolving A Committee The dissolving of a committee may be triggered by any one of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i)
Expiration of the committee term; Completion of the committee’s task or mandate; Effectiveness of the committee’s operations (e.g. frequency of meetings, amount of committee business, number of cancelled meetings); Resolution of the issues that led to the creation of the Committee; The legislative requirement for the committee no longer exists; Merger with another committee; Changing Council priorities; Recommendation by the committee by resolution; and, Report and recommendation by staff.
All committees created by Council will be formally dissolved by a Council resolution that is implemented through amendments to this By-law as necessary. 2.5 Establishment of Sub-Committees/Working Groups If it is the desire of the majority of a Committee to establish a Sub-Committee/Working Group, a recommendation must be made to Council, either directly or through the appropriate Committee for approval of the creation of the Sub-Committee/Working Group. Included with the recommendation for the establishment of the Sub-Committee/Working Group must be information with respect to: (a) (b) (c) (d) (e) (f)
The Sub-Committee/Working Group mandate/terms of reference; The number of members; The composition of membership, including members of the public and staff, if applicable, and how members are to be recruited; The reporting structure; The staff and other resources to be made available; and, A start and finish date.
A Sub-Committee/Working Group may also be appointed directly by Council. Sub-Committee/Working Group authorizations must be reviewed annually by Council.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A 63 of 130 PagePage 5 of 26
3.0 Criteria to Serve on Committee Citizen appointees to committees listed in this By-law must be at least 18 years or older, a resident/business owner in the Township, and be one of the following: •
Canadian Citizen, or
•
Permanent Resident, a person who has been given permanent resident status by immigrating to Canada but is not a Canadian Citizen, and has resided in the Township of South Frontenac for at least one year.
Appointees must maintain residence in the Township of South Frontenac for the duration of their term. All appointments made to agencies, boards and commissions listed in Schedule B, C and D must be made in accordance with the rules established by their governing body. 3.1 Term of Appointment (a)
Committee members will continue to serve on a committee past the expiration of their term until they are replaced. All Council membership on all Committees end on November 14 of a municipal election year.
(b)
Terms of office and membership on some external boards / commissions / authorities or quasi-judicial committees must be in accordance with this By-Law unless the term of office is established under statute, legislation or relevant governing body.
(c)
The term of appointment is defined by the Committee By-law and confirmed by a resolution of Council.
(d)
Renewed membership on a committee is not automatic, any member of the public who wishes to serve for an additional term must submit the approved application form or provide a letter which includes the necessary information in order to be considered for re-appointment.
3.2 Retention of Applications to Serve on Committees Applications from members of the public who are not appointed during the regular appointment process will be kept on file in the Clerk’s Department for a period of one year from the date of submission. If a vacancy occurs on a Committee within one year, the applicants who applied to serve on that Committee and were not appointed will be contacted and asked if they are still interested in serving. Names of those who continue to have an interest to serve on the Committee will be submitted to Council for consideration to fill the vacancy. The Clerk’s Department will readvertise the vacancy if necessary.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law” 4.0
Exhibit A 64 of 130 PagePage 6 of 26
General Provisions Governing Committees Outlined in Schedule A and Schedule C Except as otherwise provided for in this by-law, all Committees outlined in Schedule A and Schedule C of this By-law must conform to the rules governing the procedures of a meeting of Council as outlined in the ‘Procedure By-Law’. The rules of procedure outlined in the ‘Procedure By-Law’ can be suspended by a majority affirmative vote of the members of a Committee who are present and voting. The rules of this By-Law can be suspended by a majority affirmative vote of the members of a Committee (excluding the Committee of the Whole) who are present and voting.
4.1 Role of the Clerk or Deputy Clerk The Clerk or Deputy Clerk shall provide administrative and legislative support to the Committee as well as conduct their duties in accordance of the Municipal Act and all other relevant legislation. Resolutions from Committees outlined in Schedule A will be referred to Council by the Clerk or Deputy Clerk. 4.2 Absenteeism (a)
If a member of a Committee is absent for three (3) consecutive meetings without cause acceptable to the Committee, the absences will be brought to the attention of the Clerk.
(b)
The Clerk will contact the absent committee member to discuss the reasons for absenteeism and to determine whether the member wishes to provide a letter of resignation.
(c)
Upon confirmation that the member will no longer be serving on the Committee, the Clerk will notify Council of the vacancy and the need for a replacement. If a member indicates the desire to continue to serve on the Committee, the member will be advised that attendance is required, or the member will be removed from the Committee.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A 65 of 130 PagePage 7 of 26
4.3 Mayor as Ex-Officio Member of Committees and Council Member Participation Note: Section 4.3. applies exclusively to Committees outlined in Schedule A of the By-law (a)
The Mayor of the Council is ex officio a member of every Committee out;
(b)
Where a Committee is established by reference to a particular number of members without specifically providing for the membership of the Mayor of the Council, such number is automatically increased by one, being the Mayor of the Council, as provided under (a) above, when the Mayor is present, and all members of the Committee are present. In those instances when all members are not present, the Mayor’s attendance replaces an absent member and the membership number is not automatically increased by one.
(c)
The Mayor is able to participate in the business of the Committee without any restriction including voting.
(d)
Members of Council are entitled to attend a meeting of a committee that they have not been appointed to but cannot participate in deliberations or vote. Attendance by non-committee members will not be compensated.
4.4 Agenda The Agenda of every committee outlined in Schedule A and Schedule C of this By-law will be structured as follows: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13)
Call to Order Approval of the Agenda Confirmation of Minutes Disclosure of Pecuniary Interest Delegations Briefings Business Motions Notices of Motion Correspondence Questions of Clarity (from the public on outcome of agenda items) Date of Next Meeting Adjournment *Abeyance List
4.5 Agenda Distribution Agendas will be circulated to Committee members and posted on the Township of South Frontenac Website (Civic Web Portal) by 3:00 p.m., the Friday prior to the Committee meeting.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A 66 of 130 PagePage 8 of 26
4.6 Motions on Committee Agendas Motions must be in the hands of the Clerk by 12:00 noon one week prior to the regular Committee meeting for inclusion in the Agenda. 4.7 Election of Officers Each Committee will meet as soon as possible after the day of the inaugural meeting of Council and/or in December each subsequent calendar year to formulate its recommendations regarding Chair and Vice-Chair from its membership for a term commencing December 1st and terminating November 30th or until a successor is appointed. For the purpose of clarity, a member of the Committee who served as Committee Chair or Vice-Chair may be reappointed as Committee Chair or Vice-Chair. 4.8 Delegations a)
Delegations shall self-register by completing the Delegation Request Form on the Township website and submitting it to the Clerk before 4:00 p.m. two days prior to the Meeting at which the Delegation desires to be heard. Delegations may not be registered by a third party.
b)
A maximum of three (3) Delegations may address a Committee during a meeting. Additional Delegations may be permitted by an affirmative vote of the majority of the Committee Members present and voting on the matter. Such a Motion shall be decided without debate.
c)
Notwithstanding 4.8.b, two (2) additional Delegations may speak to a matter related to the Committee mandate but not included on the agenda provided that they register in writing with the Clerk’s Department by noon the Thursday prior to the committee meeting.
d)
Delegations must provide any material to be presented to the Clerk before 4:00 p.m., two days prior to the Committee Meeting at which the Delegation desires to address the Committee.
e)
Each Delegation shall have a maximum of five (5) minutes to address the Committee. The allotted time may be used by one (1) or more persons, as decided by the Delegation.
f)
Committee members shall not pose questions to staff during a Delegation.
g)
Delegations shall be permitted on the following topics: i.
ii.
a planning or road closure application before the Council, Committee of the Whole, County Council or the Committee of Adjustment; any matter that is not within the jurisdiction of Council or Committee, as determined by the Chair in consultation with the Clerk.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A 67 of 130 PagePage 9 of 26
4.9 Briefings Briefings provided by representatives acting on behalf of the Township of South Frontenac shall be permitted with respect to any item on the Agenda. Briefings shall be limited to ten (10) minutes, unless an extension has been recommended by the Chief Administrative Officer to the Clerk due to the importance of the subject. 4.10 Public Participation - Public Meetings Members of the public may address the Committee during a public meeting for a maximum of five (5) minutes. Members of the public must provide their name and address prior to commencing their statement. 4.11 Order of Debate/Deliberation i. ii. iii. iv. v.
Introduction of Business Item (Typically by Staff) Questions from the Committee Put Motion on the Floor Deliberations Vote
4.12 Location of Meetings Committee meetings are held in the Council Chamber at the Town Hall, 4432 George Street, Sydenham unless otherwise advertised. 4.14 Virtual Participation – Committee Members Committee members are expected to attend meetings in person. If a Committee Member is either ill or away from the municipality they may participate virtually in the meeting provided that they have made arrangements with the Clerk’s Department prior to the meeting. Members of the public may participate in meetings virtually. 4.15 Clauses Lost or Deferred at Committee Meetings (a)
Items rejected by any Committee must be reported to Council with a “negative recommendation”, allowing Council the opportunity to discuss the item.
(b)
Motions that result in a tied vote at a Committee meeting must be reported to Council with no recommendation to allow Council the opportunity to discuss and make a decision.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 10 of68 26of 130
5.0 General Provisions Governing The Committee of Adjustment Except as otherwise provided for in this by-law, the Committee of Adjustment must conform to the rules governing the procedures of a meeting of Council as outlined in the ‘Procedure By-Law’. The rules of procedure outlined in the ‘Procedure By-Law’ can be suspended by a majority affirmative vote of the members of a Committee who are present and voting. The rules of this By-Law can be suspended by a majority affirmative vote of the members of a Committee (excluding the Committee of the Whole) who are present and voting. 5.1 Absenteeism (a)
If a member of the Committee of Adjustment is absent for three (3) consecutive meetings without cause acceptable to the Committee, the absences will be brought to the attention of the Clerk.
(b)
The Clerk will contact the absent committee member to discuss the reasons for absenteeism and to determine whether the member wishes to provide a letter of resignation.
(c)
Upon confirmation that the member will no longer be serving on the Committee, the Clerk will notify Council of the vacancy and the need for a replacement. If a member indicates the desire to continue to serve on the Committee, the member will be advised that attendance is required, or the member will be removed from the Committee.
5.2 Agenda The Agenda of the Committee of Adjustment will be structured as follows:
- Call to Order
- Adoption of Agenda
- Electronic Meeting Information
- Declaration of Pecuniary Interest
- Approval of Minutes
- Consent Applications from a previous meeting (if applicable)
- New Consent Applications
- Minor Variance / Permission Applications from a previous meeting (if applicable)
- New Minor Variance / Permission applications
- Other Business
- Adjournment 5.3 Agenda Distribution Agendas will be circulated to Committee of Adjustment members and posted on the Township of South Frontenac Website (Civic Web Portal) by 4:00 p.m., the Friday prior to the Committee meeting.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 11 of69 26of 130
5.4 Election of Officers The Committee of Adjustment will meet as soon as possible after the day of the inaugural meeting of Council and/or in December each subsequent calendar year to formulate its recommendations regarding Chair and Vice-Chair from its membership for a term commencing December 1st and terminating November 30th or until a successor is appointed. For the purpose of clarity, a member of the Committee who served as Committee Chair or Vice-Chair may be reappointed as Committee Chair or Vice-Chair. 5.5 Location of Meetings Committee of Adjustment meetings are held in the Council Chamber at the Town Hall, 4432 George Street, Sydenham unless otherwise advertised. 5.6 Virtual Participation – Committee Members Committee members are expected to attend meetings in person. If a Committee Member is either ill or away from the municipality, they may participate virtually in the meeting provided that they have made arrangements with the Clerk’s Department prior to the meeting. Applicants and their agents as well as members of the public may participate virtually. 5.7 Duties and Responsibilities (a)
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.
(b)
Vice Chair • Acts in the Chair’s absence and assumes the roles and responsibilities of the Chair.
(c)
Committee Members • Review applications sent to them in advance of the hearing. • Visit the site of applications 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 fulfill 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.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 12 of70 26of 130
(d)
Secretary-Treasurer (non-voting position) • Provides administrative and legislative support • Review all applications for processing • Distribute the agenda and public notice • Record and circulate the minutes • Issue decisions
(e)
Senior Planner and Planner (non-voting position) • Act as subject matter expert and provide information to assist the Committee of Adjustment in reaching decision. • Prepare reports outlining the consistency and conformity with relevant planning policies and provide a recommendation on each application to the Committee.
6.0 General Provisions Governing Community Committees Outlined in Schedule E Except as otherwise provided for in this by-law, all Community Committees outlined in Schedule E must conform to the rules governing the procedures of a meeting of Council as outlined in the ‘Procedure By-Law’. The rules of procedure outlined in the ‘Procedure By-Law’ can be suspended by a majority affirmative vote of the members of a Committee who are present and voting. The rules of this By-Law can be suspended by a majority affirmative vote of the members of a Committee (excluding the Committee of the Whole) who are present and voting. 6.1 Appointment of Recording Secretary Each Community Committee must appoint a Recording Secretary at the first meeting of each year. The Community Committee must provide the Clerk’s Department with the name and contact information of the Recording Secretary. 6.2 Role of the Recording Secretary The Recording Secretary will conduct their duties in accordance of the Municipal Act and all other relevant legislation. The Recording Secretary will prepare an agenda utilizing the agenda template provided by the Clerk’s Department in accordance to Sections 6.3. and 6.4. of this By-law. The Recording Secretary will produce Minutes in accordance to Section 6.4. of this Bylaw which include attendance, a summary of discussions, all resolutions, decisions and other proceedings utilizing the minutes template provided by the Clerk’s Department. It is the responsibility of the Recording Secretary to report to Council on all matters connected with their duties or referred to them by the Council.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 13 of71 26of 130
6.3 Agenda The Agenda of every Community Committee outlined in Schedule E of this By-law will be structured as follows: 1) 2) 3) 4) 5) 6) 7) 8)
Call to Order Approval of the Agenda Confirmation of Minutes Disclosure of Pecuniary Interest Business Correspondence Date of Next Meeting Adjournment
6.4 Agenda and Minutes Process Community Committee agendas must be posted on the Events Calendar on the Township of South Frontenac Website by 2:00 p.m. of the Friday the week prior to the meeting. Note: The agenda will be posted by the Township Communications Officer. Community Committee minutes are to be provided to the Clerk’s Department within one week of the meeting for inclusion in the Council Agenda. 6.5 Election of Officers Each Committee will meet as soon as possible after the day of the inaugural meeting of Council and/or in December each subsequent calendar year to formulate its recommendations regarding Chair and Vice-Chair from its membership for a term commencing December 1st and terminating November 30th or until a successor is appointed. For the purpose of clarity, a member of the Committee who served as Committee Chair or Vice-Chair may be reappointed as Committee Chair or Vice-Chair. 6.6 Order of Debate/Deliberation i. ii. iii. iv. v.
Introduction of Business Item Questions from the Committee Put Motion on the Floor Deliberations Vote
6.7 Location of Meetings – Open to the Public The location of the meeting will be determined by the respective Community Committee. It being understood that the meeting is to be held in a facility that is both accessible and open to the public.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 14 of72 26of 130
6.7 Financial Administration (a) All cash revenues and expenditures either raised by the Community Committee or approved by the Community Committee, can flow through a separate set of accounts in the Township subledger, however the Township is not responsible for approvals of these funds. (b) If at any time any of the revenues or expenditures are in contravention of the Municipal legislation, the Township will notify the Community Committee and not issue payments or accept any payments. (c) No Community Committee may contract or utilize the Township resources without prior approval from the relevant Township of South Frontenac director(s). 7.
Committee Terms of Reference and Composition
8.0 Committees Reporting to Council – Schedule ‘A’ 8.1 The composition and terms of reference for Committees Reporting to Council established by the Township of South Frontenac are in accordance with Schedule “A”, attached hereto and forming a part of this By-Law. 8.2 Committees defined under Schedule “A” are supported by the Clerk’s Department. 9.0 Agencies and Boards With Council Appointees – Schedule ‘B’ 9.1 The Agencies and Boards to which Council makes appointments, but are not Committees of Council, are included in Schedule ‘B’, attached hereto and forming a part of this ByLaw. These Committees are bound by the rules established by their governing body. 10.0 Legislated Committees and Boards – Schedule ‘C’ 10.1 The composition and terms of reference for Legislated Committees and Boards are in accordance with Schedule “C”, attached hereto and forming a part of this By-Law. 10.2 Committees defined under Schedule “C” are supported by the Clerk’s Department. 11. Committee of Adjustment – Schedule ‘D’ 11.1 The composition and terms of reference for the Committee of Adjustment are in accordance with Schedule “D”, attached hereto and forming a part of this By-Law. 11.2 The Committee of Adjustment is supported by the Secretary-Treasurer. 12. Community Committees – Schedule ‘E’ 12.1 The composition and terms of reference for Community Committees are in accordance with Schedule “E”, attached hereto and forming a part of this By-Law. 12.2 Committees defined under Schedule “E” are primarily supported by the Recording Secretary.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 15 of73 26of 130
- Remuneration – Citizen Appointments 13.1 Committee Members are entitled to remuneration in accordance with Schedule “F” attached hereto and forming a part of this By-Law. It being understood that remuneration for members of Council is governed by By-law 2007-15, “A By-Law to Provide for the Remuneration for Members of Council” as updated by resolutions 2018-18-06 and 201918-17. 13.2 Committee Members are required to submit documentation provided by the Township of South Frontenac on a monthly basis to the Clerk.
That this By-law shall come into force and take effect upon the date of final passing.
- That all other by-laws, policies and resolutions related to the governance of Township of South Frontenac boards and committees with exception of By-law 2017-76 be repealed. Read a First and Second Time this 31st day of January, 2023. Read a Third Time, Signed, Sealed and Finally Passed this 31st day of January, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Louise Fragnito, Clerk
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 16 of74 26of 130
Schedule A – Committees Reporting to Council Committee Name: Heritage Advisory Committee Reporting To: Council Composition (As Appointed by Council): One (1) member of Council and between Four (4) and Eight (8) Members of the Public Term of Appointment: Term of Council Meeting Schedule: Fourth Thursday of the following Months; January, April, July, October at 1:00 p.m. Mandate/Terms Of Reference: The Committee shall study and report to Council on matters which include, but are not limited to issues related to: •
• • • •
• • •
To advise and assist Council on matters relating to Part IV (conservation of properties of architectural and / or cultural heritage value or interest) and Part V (identification of a potential Heritage Conservation District) of the Ontario Heritage Act. Specifically, a Heritage Committee would be engaged: o during the heritage designation process for individual properties and for districts; o on applications to alter heritage designated properties; o on applications to demolish or remove heritage designated properties; o on applications to repeal designation by-law of a heritage designated property. Note: The Committee may only consider applications for the designation of properties under Part IV of the Ontario Heritage Act which have the support of the property owner or as requested by Council. To identify properties and features which have architectural and/or cultural heritage value or interests. To assist with the registration of properties which have been identified as having architectural and / or cultural heritage value or interests. To assist and advise Council on the research, education/training, promotion and celebration of the heritage of South Frontenac and the area’s rural traditions and values. To initiate programs such as interpretive plaques showcasing heritage locations and features, historical walking tours, Doors Open events and similar celebrations of heritage which contribute to the overall sense of place and appeal of South Frontenac as a place to live and visit. To explore financial assistance programs related to the conservation of heritage properties and features. To assist and advise Council on changes to Official Plan policies and Zoning Bylaw regulations related to heritage matters. To assist and advise Council on proposals for adaptive reuse of properties and features having architectural and / or cultural heritage value or interests.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law” • • •
Exhibit A PagePage 17 of75 26of 130
To facilitate and assist with communication with local and regional heritage interests and the exchange of ideas and expertise through cooperation, partnership and consultation. To prepare an Annual Work Plan and Budget estimates for Council’s consideration. To carry out other assigned duties and responsibilities identified by Council related to heritage matters.
-and furtherTo consider such similar matters as may be directed by Council, or referred by the Clerk from time to time.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 18 of76 26of 130
Schedule A – Committees Reporting to Council Committee Name: Recreation & Leisure Services Advisory Committee Reporting To: Council Composition (As Appointed by Council): Two (2) members of Council and Nine (9) members of the public Terms of Appointment: Term of Council Meeting Schedule: Fourth Thursday of the following Months; February, May, Aug, November at 6:00 p.m. Mandate/Terms of Reference: The Committee shall study and report to Council on matters which include, but are not limited to issues related to: • Advise Council in the implementation of the recommendations of the Recreation, Parks, and Leisure Master Plan. This will include an annual review of the recommendations and setting specific goals towards achieving the recommendations. • Act as a conduit between the community and Council. The committee will support and guide residents through the process of successfully presenting ideas and needs to Council. • Assist with the coordination and execution of Township-led events and programs. • Provides input to the annual recreation capital and operating budget from an asset management perspective, prioritizing recommendations for budget inclusion based on actual usage, community needs, and recommendations from the Recreation, Parks, and Leisure Master Plan. • Support community recreation education initiatives, including the annual Community Services and Activity Guide, the Recreation and Leisure Services Fair, and the Annual Volunteer Appreciation program. -and furtherTo consider such similar matters as may be directed by Council, or referred by the Clerk from time to time.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 19 of77 26of 130
Schedule A – Committees Reporting to Council Committee Name: Lake Ecosystem Advisory Committee Reporting To: Council Composition (As Appointed by Council): Two (2) members of Council and Six (6) representatives from lake associations which have been official endorsed by their respective lake association; it being understood that lake associations be limited to one member and Two (2) members of the public who own and/or reside on a lakeshore property and/or that possess specific knowledge or expertise beneficial to the mandate of the Lake Ecosystem Advisory Committee. Note: One (1) representative from local Conservations Authorities or their designate, at the discretion of that Conservation Authority may support the Committee as a resource. Term of Appointment: Term of Council Meeting Schedule: Fourth Thursday of the following Months; March, June, September, December at 6:00 p.m. Mandate/Terms Of Reference: The Committee shall study and report to Council on matters which include, but are not limited to issues related to: •
• • • • • •
To host an annual Lake Associations Forum where members of local Lake Associations and other lakeshore residents can network with one another other, share best practices, voice common concerns, discuss emerging trends, and provide feedback to the Committee regarding Township policy, strategic plans and budgets; Each year prior to September 30, to compile and provide to Township Council and Senior staff a submission relating to the next year’s budget and strategic plan implementation activities related to the mandate of the Committee; To advise on the development of a Lake Study Grant program, in collaboration with Township staff, for recommendation to Council before the end of 2020; To coordinate the collection of feedback from Lake Associations and other lakeshore owners and residents, as deemed necessary to fulfill its assigned duties and functions; To provide periodic advice or recommendations to the Township on items referred to it by Senior Staff or Township Council; To foster meaningful, respectful and productive working relationships between local Lake Associations, their members, other lakeshore residents, and municipal elected officials and staff; Members may conduct research, analyse information, participate in outreach activities, and undertake other tasks related to the Committee’s mandate; -and further-
To consider such similar matters as may be directed by Council, or referred by the Clerk from time to time.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 20 of78 26of 130
Schedule B - Agencies and Boards with Council Appointees 1.
The Cataraqui Region Conservation Authority - 2 members of Council, appointed for the term of Council. This body sets policies and reviews the operations of the Conservation Authority pursuant to the Conservation Authorities Act of Ontario.
The Quinte Conservation Authority – 1 member of Council, appointed for the term of Council. This body sets policies and reviews the operations of the Conservation Authority pursuant to the Conservation Authorities Act of Ontario.
The Rideau Valley Conservation Authority – 1 member of Council, appointed for the term of Council. This body sets policies and reviews the operations of the Conservation Authority pursuant to the Conservation Authorities Act of Ontario.
The Frontenac Community Area Board - 2 members of Council, appointed for the term of Council. The Board sets policy reviews arena operations and approves monthly financial statements.
The Southern Frontenac Community Services Board - 2 members of Council, appointed for the term of Council. The Board of Directors of Southern Frontenac Community Services, while ultimately responsible for all aspects of the organization’s work and functions, is a governing Board. It is primarily focused on policy direction intended to ensure the continuing capacity to provide the services needed by vulnerable people and families in its catchment area. Note: Members of Council appointed to the Southern Frontenac Community Services Board represent the Township of South Frontenac in an non-voting capacity.
Schedule C - Legislated Committees
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 21 of79 26of 130
Committee Name: Police Services Board Reporting To: Not Applicable Composition (As Appointed by Council): The Mayor, one member of Council, one member of the public and one person appointed by the Lieutenant Governor in Council. Terms of Appointment: Term of Council with the exception of appointments made by the Lieutenant Governor Meeting Schedule: Third Thursday of the following Months; February, May, Aug, November at 9:00 a.m. Additionally, an Annual General Meeting is held annually in November. Mandate/Terms of Reference: Under the Police Services Act, for every municipality that maintains a police force, there is a requirement for a Police Services Board. This Board provides civilian governance of the municipal police force pursuant to the Police Services Act. Its responsibilities include determining objectives and priorities with regard to police services in the municipality and establishing policies for the effective management of the police force.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 22 of80 26of 130
Schedule C - Legislated Committees Committee Name: Compliance Audit Committee Reporting To: Clerk Composition: The committee shall be composed of not fewer than three and not more than seven members and shall not include, (a) employees or officers of the municipality or local board; (b) members of the council or local board; (c) any persons who are candidates in the election for which the committee is established; or (d) any persons who are registered third parties in the municipality in the election for which the committee is established. Terms of Appointment: Term of Council Meeting Schedule: As Required Mandate/Terms of Reference: Under the Municipal Elections Act, the Township is required to establish a Compliance Audit Committee. The committee will consider applications from electors who believe that a candidate in the Municipal Election has contravened the campaign finance rules under the Municipal Elections Act. 88.37 (1) A council or local board shall establish a compliance audit committee before October 1 of an election year for the purposes of this Act. 2016, c. 15, s. 66.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 23 of81 26of 130
Schedule D – Committee of Adjustment Committee Name: Committee of Adjustment Reporting To:
Not Applicable
Composition (As Appointed by Council): Four (4) members of Council; representative of the four Township Districts and Four (4) members of the public Term of Appointment: Members of Council; Appointed Annually, Members of the Public; Term of Council Meeting Schedule: Second Thursday of the month (February to December) at 6:00 p.m. Mandate/Terms of Reference: The Committee of Adjustment is a quasi-judicial body. As legislated by the Planning Act, the Committee of Adjustment shall hold public hearings and to make decisions on applications for: • Minor variances • Enlargements or extensions of legal non-conforming uses • Consents (severances) Operation The Committee of Adjustment may authorize minor variances from the zoning by-law, permit extensions and enlargements to legal non-conforming uses, and grant consents (severances). Decisions are made considering the following:
- An application for Minor Variance consider the following “four tests”: • Whether the variance is minor; • Whether the variance is desirable for the appropriate development or use of the land, building or structure; • Whether the general intent and purpose of the Zoning By-law is maintained; and • Whether the general intent and purpose of the Official Plan is maintained. The Committee may impose conditions in authorizing a minor variance.
- An application for permission to enlarge or extend a building or structure that is a legal non-conforming use, or for a change in legal non-conforming use, consider the following tests: • Whether the enlargement is desirable for the appropriate development or use of the land, building or structure; and • Whether the enlargement would have an adverse impact on the neighbourhood The Committee may impose conditions in permitting an enlargement to a legal non-conforming use.
- An application 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 (s.51(24)); • The Committee may impose conditions to the approval of a severance.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 24 of82 26of 130
- Applications for Validation of Title and Power of Sale;
- Having regard to Provincial Policy Statements (PPS), the County of Frontenac Official Plan and the South Frontenac Official Plan and Zoning By-law.
- The Committee shall follow the Township of South Frontenac Committee By-law and Council Procedure By-law. Notice 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 Local Planning Appeal Tribunal. The Committee must also satisfy requirements concerning notice, public hearings, notice of decisions and recording of proceedings. No third party appeals are accepted pursuant to Bill 23. 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 the decisions. Quorum Notwithstanding the South Frontenac Township Procedure By-law, consistent with the Planning Act, three members constitute a quorum for consent, minor variance, and legal non-conforming use applications. Voting Voting is by simple majority on the application. A tie vote means the application is refused.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 25 of83 26of 130
Schedule E - Community Committees 1.
The Battersea Pumpkin Festival – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee is responsible for the organization of the annual festival.
The Bellrock Community Hall Committee– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee is responsible for the operation of the Bellrock Community Hall.
The Harrowsmith Beautification Committee – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee will act as an executive committee, working with other committees (Harrowsmith and District Social and Athletic Club) and individuals who volunteer to assist with events sponsored by the Committee.
The Portland Community Caring– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This his Community Committee is responsible for the operation of the Hartington Community Caring Centre Second Hand Store.
The South Frontenac Museum Board– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee is responsible for the operation of the South Frontenac Museum.
The South Frontenac Rides – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee works to promote cycling within South Frontenac Township.
The Verona Community Association – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. The Community Committee promotes community involvement and welfare.
The Verona Medical Center– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
Exhibit A PagePage 26 of84 26of 130
Schedule F – Remuneration Schedule Committee or Board
Meeting and Associated Site Visits
Mileage
Other
(Includes Mileage for Site Visits and Meeting)
Heritage Advisory Committee
50.00 (Meeting)
0.55 per KM
Not Applicable
Lake Ecosystem Advisory Committee
50.00
0.55 per KM
Not Applicable
Recreation & Leisure Services Advisory Committee
50.00
0.55 per KM
Not Applicable
Police Services Board
Not Applicable
Not Applicable
600.00
50.00 (Total: Site Visits Associated with Meeting)
Honorarium (Applies to NonMembers of Council)
Committee of Adjustment
50.00 (Meeting)
0.55 per KM
Not Applicable
Not Applicable
Not Applicable
50.00 (Total: Site Visits Associated with Meeting)
Community Committees
Not Applicable
Exhibit B Page 85 of 130 By-law 2023-05 Page 1 of 3 TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-05 A BY-LAW TO AMEND BY-LAW 2017-76, “A BY-LAW TO PROVIDE FOR GOVERNING THE PROCEEDINGS OF THE COUNCIL, THE CONDUCT OF MEMBERS AND THE CALLING OF MEETINGS”
WHEREAS Council desires to update By-law 2017-76; NOW THEREFORE the Corporation of the Township of South Frontenac enacts as follows: 1.
By-law 2017-76, “A By-Law To Provide For Governing The Proceedings Of The Council, The Conduct Of Members And The Calling Of Meetings” is hereby amended as follows: Schedule A, Section 2. f., paragraph 1, is deleted and replaced with the following: “The Clerk, Deputy Clerk or Secretary Treasurer will give notice of all Council and advisory or legislated committee meetings to members of Council and to all Department Heads. The notice will be accompanied by an agenda and any other matter to be addressed at the meeting.”; Schedule A is amended by deleting Section 2. g., in its entirety; and Schedule A is amended by adding a revised Section 2. g., to read as follows: “SPECIAL MEETINGS - A special meeting may be called under the following circumstances: • The Mayor may at any time summon a special meeting. • An advisory or legislated committee chair may at any time summon a special meeting upon receiving permission from the Clerk; • Upon receipt of a petition of the majority of the members of Council, the Clerk shall call a special meeting for the purpose and at the time mentioned in the petition. Notice may be given by telephone, e-mail or facsimile transmission or posting to Agenda Notes. The agenda for a special meeting will be prepared by the Clerk, Deputy Clerk or Secretary Treasurer in consultation with the Mayor or committee chair and will be approved at the meeting. Delegations may be scheduled by the Clerk or Deputy Clerk to be heard by Council or committee during a special meeting as appropriate. Closed session (if requested) will be a standing item on every special meeting agenda. If there is no by-law or petition fixing the place of a special meeting, that meeting shall be held at the place where the last regular meeting was held.” Schedule A, Section 3. a., Council Agenda Item 10., is deleted and replaced with the following: “Advisory Committee Reports or Minutes”; Schedule A, Section 3. a., Committee of the Whole Agenda Item 10., is deleted and replaced with the following: “Rise and Report regarding County Council and External Boards”
Exhibit B Page 86 of 130 By-law 2023-05 Page 2 of 3 Schedule A is amended by deleting Section 7 - Committees in its entirety; and Schedule A is amended by adding a revised Section 7 - Committees to read as follows: “7 - COMMITTEES
a)
APPLICATION OF THIS BY-LAW TO COMMITTEES - The rules governing the procedures of Council and the conduct of Members as set out in this By-Law shall be observed in all Committees in so far as they are applicable or as otherwise provided for in the Committee By-Law.
b)
EXTERNAL COMMITTEES/BOARDS - Council may from time to time appoint, by resolution, individuals to external committees or boards. The term of office for community members shall be two terms, the length of which will be decided by Council. Terms are to be staggered such that there is always a productive mix of experienced and new volunteer members.
c)
QUORUM - A quorum shall be a majority of those appointed to a Committee by Council. A majority is more than half of the total number of those appointed to the Committee.
d)
COMMENCEMENT OF MEETINGS - If a Committee Chair or Committee ViceChair is not present within fifteen minutes from the time of the opening of the Committee meeting, the members present will elect another member of the Committee to preside. That member will discharge the duties of the Presiding Officer for that meeting, or until the arrival of the Committee Chair or Vice-Chair.
e)
VOTING - Any member, including the Committee Chair, may propose or second a motion. When the Committee Chair proposes a motion, he or she must vacate the chair to the Vice-Chair of the Committee during the debate on the motion and resume the chair following the vote. All members will vote on all motions except when disqualified by reasons of pecuniary interest or otherwise.
f)
DUTIES - Council may discharge from responsibility any Committee, which refuses or neglects to give due consideration to any matter before it. Council may then allot such responsibility to another Committee.
g)
CLERK, DEPUTY CLERK OR SECRETARY TREASURER TO PRESIDE AT FIRST MEETING - The Clerk, Deputy Clerk or Secretary Treasurer shall preside at the first Meeting of each Committee or Board in each calendar year for the purpose of electing the Chair of that Committee. Upon election, the Chair shall preside at the Meeting.”
This By-law will come into force and take effect on the date of its passing.
Exhibit B Page 87 of 130 By-law 2023-05 Page 3 of 3 Given First and Second Readings: January 31, 2023 Given Third Reading signed and sealed January 31, 2023 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Louise Fragnito, Clerk
Exhibit C Page 88 of 130
To:
Council Prepared by: Office of the Clerk
Date of Meeting: December 20, 2022 Subject: Committee By-law
Summary
The purpose of the Report is to provide Council with background information regarding the proposed implementation of the Committee By-law attached to Exhibit A of the Report. The intention of the Committee By-law is to harmonize processes and procedures related to the governance of committees and boards within the jurisdiction of the Township of South Frontenac. Additionally, the Committee By-law will define the composition and mandates of committees and boards with representation from the Township of South Frontenac in a consolidated document which will provide further clarity from a procedural standpoint.
Recommendation
That the Corporate Services Committee, Development Services Committee and Public Services Committee be dissolved; and That Council approve in principle, Schedule “A” through Schedule “E” of Exhibit A, to allow staff to begin preparation for committee recruitment to occur in January, 2023; and That Council direct staff to provide notice in order for Council to hold a public meeting on January 10, 2023, in accordance to By-law 2016-73, regarding amendments to the Council Procedure By-law, (By-law 2017-76). required to implement the proposed Committee Bylaw.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Exhibit C Page 89 of 130 Township of South Frontenac Staff Report - Committee By-law
Background
The current Township of South Frontenac committee framework includes the following committees and boards: Standing Committees Corporate Services Committee Development Services Committee Public Services Committee
Advisory Committees Heritage Advisory Committee Lake Ecosystem Advisory Committee Recreation & Leisure Services Advisory Committee
Legislated External Committees Boards Committee Cataraqui of Region Adjustment Conservation Authority Board Compliance Quinte Audit Conservation Committee Authority Board Police Rideau Valley Services Conservation Board Authority Board
Community Committees Battersea Pumpkin Festival Committee Bellrock Community Hall Committee Harrowsmith Beautification Committee
Frontenac Portland Community Area Community Board Caring Committee Southern South Frontenac Frontenac Community Museum Board Services Board South Frontenac Rides Committee Verona Community Association Verona Medical Center Committee
In general terms, the committees and boards noted above (with exception of the External Boards and Community Committees) are primarily governed by The Procedure By-law (Bylaw 2017-76). However, many of the aforementioned committees and boards have been established via standalone resolutions of Council or through by-laws which have resulted in many of the committees and boards being governed by “fragmented” procedures unique to the specific committee or board. It is worthy to note that External Boards are bound by the rules established by their governing body.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Exhibit C Page 90 of 130 Township of South Frontenac Staff Report - Committee By-law
Discussion/Analysis
The main purpose of the proposed Committee By-law is to establish a consolidated by-law to administer the committees and boards within the Township of South Frontenac governance structure. The Committee By-law seeks to implement standardized processes and procedures as well as include the mandate and composition for all relevant boards and committees in a streamlined by-law. The Corporate Services Committee, Development Services Committee and Public Services Committee were omitted from the Committee By-law as they have not been active since late 2020-early 2021. Staff are recommending that Council formally dissolve the aforementioned Committees as the subject matter has been effectively considered by the Committee of the Whole for nearly two years. The Committee By-law is intended to function in conjunction with the Council Procedure Bylaw. The Committee By-law states that except as otherwise provided for in the (Committee) By-law, all committees and boards (with the exception of External Boards) must conform to the rules governing the procedures of a meeting of Council as outlined in the Procedure Bylaw. Administrative amendments to Section 7. of the Procedure By-law will be required in order for the Committee By-law to have the authority to govern boards and committees. As per By-law 2016-73, A By-Law to Prescribe The Form And Manner And Times For The Provision Of Notice, staff are requesting direction to provide notice in order for Council to hold a public meeting regarding the proposed amendments on January 10, 2023. It is anticipated that the proposed Committee By-law will eventually form a schedule to the council procedure by-law following an update in 2023. Exhibit B of the Report details the proposed amendments to By-law 2017-76. With an understanding of the general framework in which the proposed Committee By-law will operate, the following will provide a summary of the highlights of each section of the Bylaw. Summary of Section 1 – Application of the Committee By-law: Section 1. of the By-law notes that all members of Council and members of the public appointed by the Township of South Frontenac to a board, committee or community committee outlined in the Committee By-law must abide to By-law 2019-12, A By-Law to Adopt A Council Code Of Conduct, Complaint Protocol And A Council Staff Relationship Policy And Delegate To The Integrity Commissioner The Authority To Impose Penalties Under The Code Of Conduct. Summary of Section 2 - Policy for Creating, Amending or Dissolving a Committee, Sub-Committee or Working Group: Section 2. of the By-law defines the procedures associated with creating, amending or dissolving a board, committee or sub-committee/working group. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Exhibit C Page 91 of 130 Township of South Frontenac Staff Report - Committee By-law
Summary of Section 3 – Eligibility and Term of Appointment: Section 3. of the By-law provides the requirements that every appointee to a committee must satisfy to be eligible to serve on a board, committee or community committee. In addition, Section 3. of the By-law outlines rules governing the term of appointment. Summary of Section 4 - General Provisions Governing Committees Outlined in Schedule A and Schedule C: Section 4. of the Committee By-law pertains to the governance of the following board and committees: Compliance Audit Committee, Heritage Advisory Committee, Lake Ecosystem Advisory Committee, Police Services Board, Recreation & Leisure Services Advisory Committee. The Clerk’s Department will provide administrative and legislative support to the above noted board and committees in accordance with the Municipal Act. Section 4. provides explanation regarding how members of the public (delegations), members of Council, staff and agents acting on behalf of the municipality may participate in a board or committee meeting. Additionally, Section 4. defines reporting mechanisms, as well as the structure of the agenda and associated timelines related to the preparation of the agenda. Section 4. identifies the Council Chamber as the primary meeting location for boards and committees included in Schedule “A” and Schedule “C” of the By-law. Furthermore, the Committee By-law requires that board and committee members attend in person with limited exception. Summary of Section 5 - General Provisions Governing Committees Outlined in Schedule D: Section 5. of the Committee By-law relates to the governance of the Committee of Adjustment. The Committee of Adjustment is a quasi-judicial body. As legislated by the Planning Act, the Committee of Adjustment shall hold public hearings and make decisions on applications for: • Minor variances • Enlargements or extensions of legal non-conforming uses • Consents (severances) The Secretary Treasurer will provide administrative and legislative support to the above noted board and committees in accordance with the Municipal Act and Planning Act. Section 5. defines the structure of the agenda and associated timelines related to the preparation of the agenda.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Exhibit C Page 92 of 130 Township of South Frontenac Staff Report - Committee By-law
Additionally, Section 5. identifies the Council Chamber as the primary meeting location for the Committee of Adjustment. Furthermore, the Committee By-law requires that board and committee members attend in person with limited exception. Section 5. outlines the duties and responsibilities of the Chair, Vice-Chair, Committee Members, Secretary Treasurer and staff. Summary of Section 6 - General Provisions Governing Community Committees Outlined in Schedule E: Section 6. of the Committee By-law pertains to the administration of the following Community Committees: Battersea Pumpkin Festival Committee, Bellrock Community Hall Committee, Harrowsmith Beautification Committee, Portland Community Caring Committee, South Frontenac Museum Board, South Frontenac Rides Committee, Verona Community Association and Verona Medical Center Committee. Section 6. requires that each Community Committee appoint a Recording Secretary who is responsible for preparing the agenda, minutes and reporting to Council in accordance to both the Committee By-law and Municipal Act. Additionally, Section 6. defines the structure of the agenda and minutes as well as the timelines associated with the preparation of the agenda and minutes. Section 6. stipulates that all Community Committee meetings be held in a facility that is both accessible and open to the public. Furthermore, Section 6. provides clarity regarding expectations related to the financial administration of a Community Committee. Additionally, Section 6. notes that a Community Committee must seek approval from the Township of South Frontenac prior to contracting or utilizing Township resources. Summary of Schedules to the Committee By-law: The mandate, composition, reporting structure, meeting and term of appointment of every board, committee or community committee included in the Committee By-law are outlined in Schedule “A” through Schedule “E”. Schedule “F” provides information regarding committee member remuneration. Next Steps: Upon receipt of direction from Council, a public meeting will be held on January 10, 2023 to give consideration to the by-laws attached to the Report as Exhibit A and Exhibit B. Additionally, staff will be seeking Council approval of the aforementioned by-laws.
Financial Implications
The financial implications associated with the operation of Township of South Frontenac boards and committees is outlined in Schedule “F” included in Exhibit A of the Report. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Exhibit C Page 93 of 130 Township of South Frontenac Staff Report - Committee By-law
Relationship to Strategic Plan ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: Choose an item.
Climate Considerations
☒ Not applicable to this report.
Notice/Consultation
Kyle Bolton, Director of Public Services Louise Fragnito, Chief Administrative Officer Angela Maddocks, Clerk Amanda Pantrey, Program, Education & Events Coordinator Shelley Stedall, Director of Corporate Services & Treasurer Christine Woods, Senior Planner Brad Wright, Director of Development Services
Attachments
Exhibit A – By-law 2023-XX – ‘A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Corporation of The Township of South Frontenac’. Exhibit B – By-law 2023-XX - A By-Law to Amend By-Law 2017-76, ‘A By-Law To Provide For Governing The Proceedings Of The Council, The Conduct Of Members And The Calling Of Meetings’.
Approvals Prepared and submitted by James Thompson, Deputy Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Exhibit C Page 94 of 130
Committee By-law By-law 2023-XX
“A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Corporation of The Township of South Frontenac”
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 2 of 25
Exhibit C Page 95 of 130
Township of South Frontenac By-Law 2023-XX A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Township of South Frontenac Passed: January 10, 2023 Whereas By-law 2017-76, ‘Procedure By-law’ establishes the rules and procedures under which Council and Committees of Council are to operate; and, Whereas Council has established committees and boards that are comprised of both members of the public and members of Council; Now Therefore Be It Resolved That the Council of The Corporation of the Township of South Frontenac enacts as follows: 1.0 Application of the Committee By-law 1.1 Code of Conduct All members of Council and members of the public appointed by the Township of South Frontenac to a board, committee or community committee outlined in the Committee Bylaw must abide to By-law 2019-12, A By-Law to Adopt A Council Code Of Conduct, Complaint Protocol And A Council Staff Relationship Policy And Delegate To The Integrity Commissioner The Authority To Impose Penalties Under The Code Of Conduct. 1.2 Use of Terms; “Agency”, “Board” and “Committee” The use of the terms “Agency”, “Committee” and “Board” shall be used interchangeably for the purpose of the Committee By-law. 2.0 Policy For Creating, Amending or Dissolving a Committee, Sub-Committee or Working Group 2.1 Procedure Council may create a new committee, amend an existing committee and/or its mandate/terms of reference, or dissolve an existing committee in accordance with the following sub-sections. A non-statutory advisory committee shall not extend beyond the term of Council unless the newly elected Council confirms by resolution the continuance of the committee. 2.2 Creating a Committee - Council may create a new committee in response to any of the following: (a) Requirements of applicable legislation or regulation (Federal, Provincial or Municipal Bylaw); (b) Changing priorities; (c) To address significant public issues or trends; (d) Where public input is deemed desirable; (e) Recommendation and report by staff; and,
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 3 of 25 (f) Any other reason deemed appropriate by Council.
Exhibit C Page 96 of 130
In creating a new committee, Council shall have regard for the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) 2.3
Establishing a clearly defined mandate and terms of reference; Membership and quorum requirements/qualifications; Composition of the committee; Alignment with the Strategic Plan, Departmental goals and objectives; The reporting relationship and frequency of meetings; Public and financial considerations; Staff resources to be made available and the impacts on Township Departments; The need for any sub-committees/working groups; and, Defined timeline for completion of the assigned tasks (i.e. sunset date).
Amending A Committee and/or Its Mandate Amendments to the mandate/terms of reference of a committee may be initiated by Council, by resolution of the committee or by a report and recommendation from staff. The following factors may be considered by Council when amending a committee’s mandate/terms of reference: (a) (b) (c) (d) (e) (f) (g)
2.4
Impact of the change on the mandate/terms of reference; Continued relevance of the committee’s purpose and/or function; The degree of public interest; Changes to the applicable legislation or regulations; Changing Council priorities or new issues at Council; Cost analysis and required resources; and, Committee sunset date.
Dissolving A Committee The dissolving of a committee may be triggered by any one of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i)
Expiration of the committee term; Completion of the committee’s task or mandate; Effectiveness of the committee’s operations (e.g. frequency of meetings, amount of committee business, number of cancelled meetings); Resolution of the issues that led to the creation of the Committee; The legislative requirement for the committee no longer exists; Merger with another committee; Changing Council priorities; Recommendation by the committee by resolution; and, Report and recommendation by staff.
All committees created by Council will be formally dissolved by a Council resolution that is implemented through amendments to this By-law as necessary.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 4 of 25 2.5 Establishment of Sub-Committees/Working Groups
Exhibit C Page 97 of 130
If it is the desire of the majority of a Committee to establish a Sub-Committee/Working Group, a recommendation must be made to Council, either directly or through the appropriate Committee for approval of the creation of the Sub-Committee/Working Group. Included with the recommendation for the establishment of the Sub-Committee/Working Group must be information with respect to: (a) (b) (c) (d) (e) (f)
The Sub-Committee/Working Group mandate/terms of reference; The number of members; The composition of membership, including members of the public and staff, if applicable, and how members are to be recruited; The reporting structure; The staff and other resources to be made available; and, A start and finish date.
A Sub-Committee/Working Group may also be appointed directly by Council. Sub-Committee/Working Group authorizations must be reviewed annually by Council. 3.0 Criteria to Serve on Committee Citizen appointees to committees listed in this By-law must be at least 18 years or older, a resident/business owner in the Township, and be one of the following: •
Canadian Citizen, or
•
Permanent Resident, a person who has been given permanent resident status by immigrating to Canada but is not a Canadian Citizen, and has resided in the Township of South Frontenac for at least one year.
Appointees must maintain residence in the Township of South Frontenac for the duration of their term. All appointments made to agencies, boards and commissions listed in Schedule B, C and D must be made in accordance with the rules established by their governing body. 3.1 Term of Appointment (a)
Committee members will continue to serve on a committee past the expiration of their term until they are replaced. All Council membership on all Committees end on November 14 of a municipal election year.
(b)
Terms of office and membership on some external boards / commissions / authorities or quasi-judicial committees must be in accordance with this By-Law unless the term of office is established under statute, legislation or relevant governing body.
(c)
The term of appointment is defined by the Committee By-law and confirmed by a resolution of Council.
(d)
Renewed membership on a committee is not automatic, any member of the public who wishes to serve for an additional term must submit the approved
Exhibit C Page 98 of 130
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 5 of 25 application form or provide a letter which includes the necessary information in order to be considered for re-appointment. 3.2 Retention of Applications to Serve on Committees
Applications from members of the public who are not appointed during the regular appointment process will be kept on file in the Clerk’s Department for a period of one year from the date of submission. If a vacancy occurs on a Committee within one year, the applicants who applied to serve on that Committee and were not appointed will be contacted and asked if they are still interested in serving. Names of those who continue to have an interest to serve on the Committee will be submitted to Council for consideration to fill the vacancy. The Clerk’s Department will readvertise the vacancy if necessary. 4.0
General Provisions Governing Committees Outlined in Schedule A and Schedule C Except as otherwise provided for in this by-law, all Committees outlined in Schedule A and Schedule C of this By-law must conform to the rules governing the procedures of a meeting of Council as outlined in the ‘Procedure By-Law’. The rules of procedure outlined in the ‘Procedure By-Law’ can be suspended by a majority affirmative vote of the members of a Committee who are present and voting. The rules of this By-Law can be suspended by a majority affirmative vote of the members of a Committee (excluding the Committee of the Whole) who are present and voting.
4.1 Role of the Clerk or Deputy Clerk The Clerk or Deputy Clerk shall provide administrative and legislative support to the Committee as well as conduct their duties in accordance of the Municipal Act and all other relevant legislation. Resolutions from Committees outlined in Schedule A will be referred to Council by the Clerk or Deputy Clerk. 4.2 Absenteeism (a)
If a member of a Committee is absent for three (3) consecutive meetings without cause acceptable to the Committee, the absences will be brought to the attention of the Clerk.
(b)
The Clerk will contact the absent committee member to discuss the reasons for absenteeism and to determine whether the member wishes to provide a letter of resignation.
(c)
Upon confirmation that the member will no longer be serving on the Committee, the Clerk will notify Council of the vacancy and the need for a replacement. If a member indicates the desire to continue to serve on the Committee, the member will be advised that attendance is required, or the member will be removed from the Committee.
Exhibit C Page 99 of 130
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 6 of 25 4.3 Mayor as Ex-Officio Member of Committees and Council Member Participation
Note: Section 4.3. applies exclusively to Committees outlined in Schedule A of the By-law (a)
The Mayor of the Council is ex officio a member of every Committee out;
(b)
Where a Committee is established by reference to a particular number of members without specifically providing for the membership of the Mayor of the Council, such number is automatically increased by one, being the Mayor of the Council, as provided under (a) above, when the Mayor is present, and all members of the Committee are present. In those instances when all members are not present, the Mayor’s attendance replaces an absent member and the membership number is not automatically increased by one.
(c)
The Mayor is able to participate in the business of the Committee without any restriction including voting.
(d)
Members of Council are entitled to attend a meeting of a committee that they have not been appointed to but cannot participate in deliberations or vote. Attendance by non-committee members will not be compensated.
4.4 Agenda The Agenda of every committee outlined in Schedule A and Schedule C of this By-law will be structured as follows: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13)
Call to Order Approval of the Agenda Confirmation of Minutes Disclosure of Pecuniary Interest Delegations Briefings Business Motions Notices of Motion Correspondence Questions of Clarity (from the public on outcome of agenda items) Date of Next Meeting Adjournment *Abeyance List
4.5 Agenda Distribution Agendas will be circulated to Committee members and posted on the Township of South Frontenac Website (Civic Web Portal) by 3:00 p.m., the Friday prior to the Committee meeting.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 7 of 25
Exhibit C Page 100 of 130
4.6 Motions on Committee Agendas Motions must be in the hands of the Clerk by 12:00 noon one week prior to the regular Committee meeting for inclusion in the Agenda. 4.7 Election of Officers Each Committee will meet as soon as possible after the day of the inaugural meeting of Council and/or in December each subsequent calendar year to formulate its recommendations regarding Chair and Vice-Chair from its membership for a term commencing December 1st and terminating November 30th or until a successor is appointed. For the purpose of clarity, a member of the Committee who served as Committee Chair or Vice-Chair may be reappointed as Committee Chair or Vice-Chair. 4.8 Delegations a)
Delegations shall self-register by completing the Delegation Request Form on the Township website and submitting it to the Clerk before 4:00 p.m. two days prior to the Meeting at which the Delegation desires to be heard. Delegations may not be registered by a third party.
b)
A maximum of three (3) Delegations may address a Committee during a meeting. Additional Delegations may be permitted by an affirmative vote of the majority of the Committee Members present and voting on the matter. Such a Motion shall be decided without debate.
c)
Notwithstanding 4.8.b, two (2) additional Delegations may speak to a matter related to the Committee mandate but not included on the agenda provided that they register in writing with the Clerk’s Department by noon the Thursday prior to the committee meeting.
d)
Delegations must provide any material to be presented to the Clerk before 4:00 p.m., two days prior to the Committee Meeting at which the Delegation desires to address the Committee.
e)
Each Delegation shall have a maximum of five (5) minutes to address the Committee. The allotted time may be used by one (1) or more persons, as decided by the Delegation.
f)
Committee members shall not pose questions to staff during a Delegation.
g)
Delegations shall be permitted on the following topics: i.
ii.
a planning or road closure application before the Council, Committee of the Whole, County Council or the Committee of Adjustment; any matter that is not within the jurisdiction of Council or Committee, as determined by the Chair in consultation with the Clerk.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 8 of 25 4.9 Briefings
Exhibit C Page 101 of 130
Briefings provided by representatives acting on behalf of the Township of South Frontenac shall be permitted with respect to any item on the Agenda. Briefings shall be limited to ten (10) minutes, unless an extension has been recommended by the Chief Administrative Officer to the Clerk due to the importance of the subject. 4.10 Public Participation - Public Meetings Members of the public may address the Committee during a public meeting for a maximum of five (5) minutes. Members of the public must provide their name and address prior to commencing their statement. 4.11 Order of Debate/Deliberation i. ii. iii. iv. v.
Introduction of Business Item (Typically by Staff) Questions from the Committee Put Motion on the Floor Deliberations Vote
4.12 Location of Meetings Committee meetings are held in the Council Chamber at the Town Hall, 4432 George Street, Sydenham unless otherwise advertised. 4.14 Virtual Participation – Committee Members Committee members are expected to attend meetings in person. If a Committee Member is either ill or away from the municipality they may participate virtually in the meeting provided that they have made arrangements with the Clerk’s Department prior to the meeting. Members of the public may participate in meetings virtually. 4.15 Clauses Lost or Deferred at Committee Meetings (a)
Items rejected by any Committee must be reported to Council with a “negative recommendation”, allowing Council the opportunity to discuss the item.
(b)
Motions that result in a tied vote at a Committee meeting must be reported to Council with no recommendation to allow Council the opportunity to discuss and make a decision.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 9 of 25
Exhibit C Page 102 of 130
5.0 General Provisions Governing The Committee of Adjustment Except as otherwise provided for in this by-law, the Committee of Adjustment must conform to the rules governing the procedures of a meeting of Council as outlined in the ‘Procedure By-Law’. The rules of procedure outlined in the ‘Procedure By-Law’ can be suspended by a majority affirmative vote of the members of a Committee who are present and voting. The rules of this By-Law can be suspended by a majority affirmative vote of the members of a Committee (excluding the Committee of the Whole) who are present and voting. 5.1 Absenteeism (a)
If a member of the Committee of Adjustment is absent for three (3) consecutive meetings without cause acceptable to the Committee, the absences will be brought to the attention of the Clerk.
(b)
The Clerk will contact the absent committee member to discuss the reasons for absenteeism and to determine whether the member wishes to provide a letter of resignation.
(c)
Upon confirmation that the member will no longer be serving on the Committee, the Clerk will notify Council of the vacancy and the need for a replacement. If a member indicates the desire to continue to serve on the Committee, the member will be advised that attendance is required, or the member will be removed from the Committee.
5.2 Agenda The Agenda of the Committee of Adjustment will be structured as follows:
- Call to Order
- Adoption of Agenda
- Electronic Meeting Information
- Declaration of Pecuniary Interest
- Approval of Minutes
- Consent Applications from a previous meeting (if applicable)
- New Consent Applications
- Minor Variance / Permission Applications from a previous meeting (if applicable)
- New Minor Variance / Permission applications
- Other Business
- Adjournment 5.3 Agenda Distribution Agendas will be circulated to Committee of Adjustment members and posted on the Township of South Frontenac Website (Civic Web Portal) by 4:00 p.m., the Friday prior to the Committee meeting.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 10 of 25
Exhibit C Page 103 of 130
5.4 Election of Officers The Committee of Adjustment will meet as soon as possible after the day of the inaugural meeting of Council and/or in December each subsequent calendar year to formulate its recommendations regarding Chair and Vice-Chair from its membership for a term commencing December 1st and terminating November 30th or until a successor is appointed. For the purpose of clarity, a member of the Committee who served as Committee Chair or Vice-Chair may be reappointed as Committee Chair or Vice-Chair. 5.5 Location of Meetings Committee of Adjustment meetings are held in the Council Chamber at the Town Hall, 4432 George Street, Sydenham unless otherwise advertised. 5.6 Virtual Participation – Committee Members Committee members are expected to attend meetings in person. If a Committee Member is either ill or away from the municipality, they may participate virtually in the meeting provided that they have made arrangements with the Clerk’s Department prior to the meeting. Applicants and their agents as well as members of the public may participate virtually. 5.7 Duties and Responsibilities (a)
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.
(b)
Vice Chair • Acts in the Chair’s absence and assumes the roles and responsibilities of the Chair.
(c)
Committee Members • Review applications sent to them in advance of the hearing. • Visit the site of applications 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 fulfill 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.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 11 of 25
Exhibit C Page 104 of 130
(d)
Secretary-Treasurer (non-voting position) • Provides administrative and legislative support • Review all applications for processing • Distribute the agenda and public notice • Record and circulate the minutes • Issue decisions
(e)
Senior Planner and Planner (non-voting position) • Act as subject matter expert and provide information to assist the Committee of Adjustment in reaching decision. • Prepare reports outlining the consistency and conformity with relevant planning policies and provide a recommendation on each application to the Committee.
6.0 General Provisions Governing Community Committees Outlined in Schedule E Except as otherwise provided for in this by-law, all Community Committees outlined in Schedule E must conform to the rules governing the procedures of a meeting of Council as outlined in the ‘Procedure By-Law’. The rules of procedure outlined in the ‘Procedure By-Law’ can be suspended by a majority affirmative vote of the members of a Committee who are present and voting. The rules of this By-Law can be suspended by a majority affirmative vote of the members of a Committee (excluding the Committee of the Whole) who are present and voting. 6.1 Appointment of Recording Secretary Each Community Committee must appoint a Recording Secretary at the first meeting of each year. The Community Committee must provide the Clerk’s Department with the name and contact information of the Recording Secretary. 6.2 Role of the Recording Secretary The Recording Secretary will conduct their duties in accordance of the Municipal Act and all other relevant legislation. The Recording Secretary will prepare an agenda utilizing the agenda template provided by the Clerk’s Department in accordance to Sections 6.3. and 6.4. of this By-law. The Recording Secretary will produce Minutes in accordance to Section 6.4. of this Bylaw which include attendance, a summary of discussions, all resolutions, decisions and other proceedings utilizing the minutes template provided by the Clerk’s Department. It is the responsibility of the Recording Secretary to report to Council on all matters connected with their duties or referred to them by the Council.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 12 of 25 6.3 Agenda
Exhibit C Page 105 of 130
The Agenda of every Community Committee outlined in Schedule E of this By-law will be structured as follows: 1) 2) 3) 4) 5) 6) 7) 8)
Call to Order Approval of the Agenda Confirmation of Minutes Disclosure of Pecuniary Interest Business Correspondence Date of Next Meeting Adjournment
6.4 Agenda and Minutes Process Community Committee agendas must be posted on the Events Calendar on the Township of South Frontenac Website by 2:00 p.m. of the Friday the week prior to the meeting. Note: The agenda will be posted by the Township Communications Officer. Community Committee minutes are to be provided to the Clerk’s Department within one week of the meeting for inclusion in the Council Agenda. 6.5 Election of Officers Each Committee will meet as soon as possible after the day of the inaugural meeting of Council and/or in December each subsequent calendar year to formulate its recommendations regarding Chair and Vice-Chair from its membership for a term commencing December 1st and terminating November 30th or until a successor is appointed. For the purpose of clarity, a member of the Committee who served as Committee Chair or Vice-Chair may be reappointed as Committee Chair or Vice-Chair. 6.6 Order of Debate/Deliberation i. ii. iii. iv. v.
Introduction of Business Item Questions from the Committee Put Motion on the Floor Deliberations Vote
6.7 Location of Meetings – Open to the Public The location of the meeting will be determined by the respective Community Committee. It being understood that the meeting is to be held in a facility that is both accessible and open to the public. 6.7 Financial Administration (a) All cash revenues and expenditures either raised by the Community Committee or approved by the Community Committee, can flow through a separate set of accounts
Exhibit C Page 106 of 130
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 13 of 25 in the Township subledger, however the Township is not responsible for approvals of these funds. (b) If at any time any of the revenues or expenditures are in contravention of the Municipal legislation, the Township will notify the Community Committee and not issue payments or accept any payments. (c) No Community Committee may contract or utilize the Township resources without prior approval from the relevant Township of South Frontenac director(s). 7.
Committee Terms of Reference and Composition
8.0 Committees Reporting to Council – Schedule ‘A’ 8.1 The composition and terms of reference for Committees Reporting to Council established by the Township of South Frontenac are in accordance with Schedule “A”, attached hereto and forming a part of this By-Law. 8.2 Committees defined under Schedule “A” are supported by the Clerk’s Department. 9.0 Agencies and Boards With Council Appointees – Schedule ‘B’ 9.1 The Agencies and Boards to which Council makes appointments, but are not Committees of Council, are included in Schedule ‘B’, attached hereto and forming a part of this ByLaw. These Committees are bound by the rules established by their governing body. 10.0 Legislated Committees and Boards – Schedule ‘C’ 10.1 The composition and terms of reference for Legislated Committees and Boards are in accordance with Schedule “C”, attached hereto and forming a part of this By-Law. 10.2 Committees defined under Schedule “C” are supported by the Clerk’s Department. 11. Committee of Adjustment – Schedule ‘D’ 11.1 The composition and terms of reference for the Committee of Adjustment are in accordance with Schedule “D”, attached hereto and forming a part of this By-Law. 11.2 The Committee of Adjustment is supported by the Secretary-Treasurer. 12. Community Committees – Schedule ‘E’ 12.1 The composition and terms of reference for Community Committees are in accordance with Schedule “E”, attached hereto and forming a part of this By-Law. 12.2 Committees defined under Schedule “E” are primarily supported by the Recording Secretary.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 14 of 25 13. Remuneration – Citizen Appointments
Exhibit C Page 107 of 130
13.1 Committee Members are entitled to remuneration in accordance with Schedule “F” attached hereto and forming a part of this By-Law. It being understood that remuneration for members of Council is governed by By-law 2007-15, “A By-Law to Provide for the Remuneration for Members of Council” as updated by resolutions 2018-18-06 and 201918-17. 13.2 Committee Members are required to submit documentation provided by the Township of South Frontenac on a monthly basis to the Clerk. 14.
That this By-law shall come into force and take effect upon the date of final passing.
- That all other by-laws, policies and resolution related to the governance of Township of South Frontenac boards and committees with exception of By-law 2017-76 be repealed. Read a First and Second Time this 10th day of January, 2023. Read a Third Time, Signed, Sealed and Finally Passed this 10th day of January, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Clerk
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 15 of 25
Exhibit C Page 108 of 130
Schedule A – Committees Reporting to Council Committee Name: Heritage Advisory Committee Reporting To: Council Composition (As Appointed by Council): One (1) member of Council and between Four (4) and Eight (8) Members of the Public Term of Appointment: Term of Council Meeting Schedule: Fourth Thursday of the following Months; January, April, July, October at 1:00 p.m. Mandate/Terms Of Reference: The Committee shall study and report to Council on matters which include, but are not limited to issues related to: •
• • • •
• • •
To advise and assist Council on matters relating to Part IV (conservation of properties of architectural and / or cultural heritage value or interest) and Part V (identification of a potential Heritage Conservation District) of the Ontario Heritage Act. Specifically, a Heritage Committee would be engaged: o during the heritage designation process for individual properties and for districts; o on applications to alter heritage designated properties; o on applications to demolish or remove heritage designated properties; o on applications to repeal designation by-law of a heritage designated property. Note: The Committee may only consider applications for the designation of properties under Part IV of the Ontario Heritage Act which have the support of the property owner or as requested by Council. To identify properties and features which have architectural and/or cultural heritage value or interests. To assist with the registration of properties which have been identified as having architectural and / or cultural heritage value or interests. To assist and advise Council on the research, education/training, promotion and celebration of the heritage of South Frontenac and the area’s rural traditions and values. To initiate programs such as interpretive plaques showcasing heritage locations and features, historical walking tours, Doors Open events and similar celebrations of heritage which contribute to the overall sense of place and appeal of South Frontenac as a place to live and visit. To explore financial assistance programs related to the conservation of heritage properties and features. To assist and advise Council on changes to Official Plan policies and Zoning Bylaw regulations related to heritage matters. To assist and advise Council on proposals for adaptive reuse of properties and features having architectural and / or cultural heritage value or interests.
Exhibit C Page 109 of 130
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 16 of 25 • To facilitate and assist with communication with local and regional heritage interests and the exchange of ideas and expertise through cooperation, partnership and consultation. • To prepare an Annual Work Plan and Budget estimates for Council’s consideration. • To carry out other assigned duties and responsibilities identified by Council related to heritage matters.
-and furtherTo consider such similar matters as may be directed by Council, or referred by the Clerk from time to time.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 17 of 25
Exhibit C Page 110 of 130
Schedule A – Committees Reporting to Council
Committee Name: Recreation & Leisure Services Advisory Committee Reporting To: Council Composition (As Appointed by Council): Two (2) members of Council and Nine (9) members of the public Terms of Appointment: Term of Council Meeting Schedule: Fourth Thursday of the following Months; February, May, Aug, November at 6:00 p.m. Mandate/Terms of Reference: The Committee shall study and report to Council on matters which include, but are not limited to issues related to: • Advise Council in the implementation of the recommendations of the Recreation, Parks, and Leisure Master Plan. This will include an annual review of the recommendations and setting specific goals towards achieving the recommendations. • Act as a conduit between the community and Council. The committee will support and guide residents through the process of successfully presenting ideas and needs to Council. • Assist with the coordination and execution of Township-led events and programs. • Provides input to the annual recreation capital and operating budget from an asset management perspective, prioritizing recommendations for budget inclusion based on actual usage, community needs, and recommendations from the Recreation, Parks, and Leisure Master Plan. • Support community recreation education initiatives, including the annual Community Services and Activity Guide, the Recreation and Leisure Services Fair, and the Annual Volunteer Appreciation program. -and furtherTo consider such similar matters as may be directed by Council, or referred by the Clerk from time to time.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 18 of 25
Exhibit C Page 111 of 130
Schedule A – Committees Reporting to Council
Committee Name: Lake Ecosystem Advisory Committee Reporting To: Council Composition (As Appointed by Council): Two (2) members of Council and Six (6) representatives from lake associations which have been official endorsed by their respective lake association; it being understood that lake associations be limited to one member and Two (2) members of the public who own and/or reside on a lakeshore property and/or that possess specific knowledge or expertise beneficial to the mandate of the Lake Ecosystem Advisory Committee. Note: One (1) representative from local Conservations Authorities or their designate, at the discretion of that Conservation Authority may support the Committee as a resource. Term of Appointment: Term of Council Meeting Schedule: Fourth Thursday of the following Months; March, June, September, December at 6:00 p.m. Mandate/Terms Of Reference: The Committee shall study and report to Council on matters which include, but are not limited to issues related to: •
• • • • • •
To host an annual Lake Associations Forum where members of local Lake Associations and other lakeshore residents can network with one another other, share best practices, voice common concerns, discuss emerging trends, and provide feedback to the Committee regarding Township policy, strategic plans and budgets; Each year prior to September 30, to compile and provide to Township Council and Senior staff a submission relating to the next year’s budget and strategic plan implementation activities related to the mandate of the Committee; To advise on the development of a Lake Study Grant program, in collaboration with Township staff, for recommendation to Council before the end of 2020; To coordinate the collection of feedback from Lake Associations and other lakeshore owners and residents, as deemed necessary to fulfill its assigned duties and functions; To provide periodic advice or recommendations to the Township on items referred to it by Senior Staff or Township Council; To foster meaningful, respectful and productive working relationships between local Lake Associations, their members, other lakeshore residents, and municipal elected officials and staff; Members may conduct research, analyse information, participate in outreach activities, and undertake other tasks related to the Committee’s mandate; -and further-
To consider such similar matters as may be directed by Council, or referred by the Clerk from time to time.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 19 of 25
Exhibit C Page 112 of 130
Schedule B - Agencies and Boards with Council Appointees 1.
The Cataraqui Region Conservation Authority - 2 members of Council, appointed for the term of Council. This body sets policies and reviews the operations of the Conservation Authority pursuant to the Conservation Authorities Act of Ontario.
The Quinte Conservation Authority – 1 member of Council, appointed for the term of Council. This body sets policies and reviews the operations of the Conservation Authority pursuant to the Conservation Authorities Act of Ontario.
The Rideau Valley Conservation Authority – 1 member of Council, appointed for the term of Council. This body sets policies and reviews the operations of the Conservation Authority pursuant to the Conservation Authorities Act of Ontario.
The Frontenac Community Area Board - 2 members of Council, appointed for the term of Council. The Board sets policy reviews arena operations and approves monthly financial statements.
The Southern Frontenac Community Services Board - 2 members of Council, appointed for the term of Council. The Board of Directors of Southern Frontenac Community Services, while ultimately responsible for all aspects of the organization’s work and functions, is a governing Board. It is primarily focused on policy direction intended to ensure the continuing capacity to provide the services needed by vulnerable people and families in its catchment area. Note: Members of Council appointed to the Southern Frontenac Community Services Board represent the Township of South Frontenac in an non-voting capacity.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 20 of 25
Exhibit C Page 113 of 130
Schedule C - Legislated Committees
Committee Name: Police Services Board Reporting To: Not Applicable Composition (As Appointed by Council): The Mayor, one member of Council, one member of the public and one person appointed by the Lieutenant Governor in Council. Terms of Appointment: Term of Council with the exception of appointments made by the Lieutenant Governor Meeting Schedule: Third Thursday of the following Months; February, May, Aug, November at 9:00 a.m. Additionally, an Annual General Meeting is held annually in November. Mandate/Terms of Reference: Under the Police Services Act, for every municipality that maintains a police force, there is a requirement for a Police Services Board. This Board provides civilian governance of the municipal police force pursuant to the Police Services Act. Its responsibilities include determining objectives and priorities with regard to police services in the municipality and establishing policies for the effective management of the police force.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 21 of 25
Exhibit C Page 114 of 130
Schedule C - Legislated Committees
Committee Name: Compliance Audit Committee Reporting To: Clerk Composition: The committee shall be composed of not fewer than three and not more than seven members and shall not include, (a) employees or officers of the municipality or local board; (b) members of the council or local board; (c) any persons who are candidates in the election for which the committee is established; or (d) any persons who are registered third parties in the municipality in the election for which the committee is established. Terms of Appointment: Term of Council Meeting Schedule: As Required Mandate/Terms of Reference: Under the Municipal Elections Act, the Township is required to establish a Compliance Audit Committee. The committee will consider applications from electors who believe that a candidate in the Municipal Election has contravened the campaign finance rules under the Municipal Elections Act. 88.37 (1) A council or local board shall establish a compliance audit committee before October 1 of an election year for the purposes of this Act. 2016, c. 15, s. 66.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 22 of 25
Exhibit C Page 115 of 130
Schedule D – Committee of Adjustment
Committee Name: Committee of Adjustment Reporting To:
Not Applicable
Composition (As Appointed by Council): Four (4) members of Council; representative of the four Township Districts and Four (4) members of the public Term of Appointment: Members of Council; Appointed Annually, Members of the Public; Term of Council Meeting Schedule: Second Thursday of the month (February to December) at 6:00 p.m. Mandate/Terms of Reference: The Committee of Adjustment is a quasi-judicial body. As legislated by the Planning Act, the Committee of Adjustment shall hold public hearings and to make decisions on applications for: • Minor variances • Enlargements or extensions of legal non-conforming uses • Consents (severances) Operation The Committee of Adjustment may authorize minor variances from the zoning by-law, permit extensions and enlargements to legal non-conforming uses, and grant consents (severances). Decisions are made considering the following:
- An application for Minor Variance consider the following “four tests”: • Whether the variance is minor; • Whether the variance is desirable for the appropriate development or use of the land, building or structure; • Whether the general intent and purpose of the Zoning By-law is maintained; and • Whether the general intent and purpose of the Official Plan is maintained. The Committee may impose conditions in authorizing a minor variance.
- An application for permission to enlarge or extend a building or structure that is a legal non-conforming use, or for a change in legal non-conforming use, consider the following tests: • Whether the enlargement is desirable for the appropriate development or use of the land, building or structure; and • Whether the enlargement would have an adverse impact on the neighbourhood The Committee may impose conditions in permitting an enlargement to a legal non-conforming use.
- An application 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 (s.51(24));
Exhibit C Page 116 of 130
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 23 of 25 • The Committee may impose conditions to the approval of a severance. 4. Applications for Validation of Title and Power of Sale;
- Having regard to Provincial Policy Statements (PPS), the County of Frontenac Official Plan and the South Frontenac Official Plan and Zoning By-law.
- The Committee shall follow the Township of South Frontenac Committee By-law and Council Procedure By-law. Notice 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 Local Planning Appeal Tribunal. The Committee must also satisfy requirements concerning notice, public hearings, notice of decisions and recording of proceedings. No third party appeals are accepted pursuant to Bill 23. 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 the decisions. Quorum Notwithstanding the South Frontenac Township Procedure By-law, consistent with the Planning Act, three members constitute a quorum for consent, minor variance, and legal non-conforming use applications. Voting Voting is by simple majority on the application. A tie vote means the application is refused.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 24 of 25
Exhibit C Page 117 of 130
Schedule E - Community Committees 1.
The Battersea Pumpkin Festival – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee is responsible for the organization of the annual festival.
The Bellrock Community Hall Committee– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee is responsible for the operation of the Bellrock Community Hall.
The Harrowsmith Beautification Committee – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee will act as an executive committee, working with other committees (Harrowsmith and District Social and Athletic Club) and individuals who volunteer to assist with events sponsored by the Committee.
The Portland Community Caring– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This his Community Committee is responsible for the operation of the Hartington Community Caring Centre Second Hand Store.
The South Frontenac Museum Board– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee is responsible for the operation of the South Frontenac Museum.
The South Frontenac Rides – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee works to promote cycling within South Frontenac Township.
The Verona Community Association – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. The Community Committee promotes community involvement and welfare.
The Verona Medical Center– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council.
Township of South Frontenac By-Law Number 2023-XX “Committee By-law” Page 25 of 25
Exhibit C Page 118 of 130
Schedule F – Remuneration Schedule
Committee or Board
Meeting and Associated Site Visits
Mileage
Other
(Includes Mileage for Site Visits and Meeting)
Heritage Advisory Committee
50.00 (Meeting)
0.55 per KM
Not Applicable
Lake Ecosystem Advisory Committee
50.00
0.55 per KM
Not Applicable
Recreation & Leisure Services Advisory Committee
50.00
0.55 per KM
Not Applicable
Police Services Board
Not Applicable
Not Applicable
600.00
50.00 (Total: Site Visits Associated with Meeting)
Honorarium (Applies to NonMembers of Council)
Committee of Adjustment
50.00 (Meeting)
0.55 per KM
Not Applicable
Not Applicable
Not Applicable
50.00 (Total: Site Visits Associated with Meeting)
Community Committees
Not Applicable
Exhibit C Page 119 of 130
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-XX A BY-LAW TO AMEND BY-LAW 2017-76, “A BY-LAW TO PROVIDE FOR GOVERNING THE PROCEEDINGS OF THE COUNCIL, THE CONDUCT OF MEMBERS AND THE CALLING OF MEETINGS”
WHEREAS Council desires to update By-law 2017-76; NOW THEREFORE the Corporation of the Township of South Frontenac enacts as follows: 1.
By-law 2017-76, “A By-Law To Provide For Governing The Proceedings Of The Council, The Conduct Of Members And The Calling Of Meetings” is hereby amended as follows: Schedule A is amended by deleting Section 7.0-Committees in its entirety; and Schedule A is further amended by adding a revised Section 7.0 Committees to read as follows: “7 - COMMITTEES a)
APPLICATION OF THIS BY-LAW TO COMMITTEES - The rules governing the procedures of Council and the conduct of Members as set out in this By-Law shall be observed in all Committees in so far as they are applicable or as otherwise provided for in the Committee By-Law.
b)
EXTERNAL COMMITTEES/BOARDS - Council may from time to time appoint, by resolution, individuals to external committees or boards. The term of office for community members shall be two terms, the length of which will be decided by Council. Terms are to be staggered such that there is always a productive mix of experienced and new volunteer members.
c)
QUORUM - A quorum shall be a majority of those appointed to a Committee by Council. A majority is more than half of the total number of those appointed to the Committee.
d)
COMMENCEMENT OF MEETINGS - If a Committee Chair or Committee ViceChair is not present within fifteen minutes from the time of the opening of the Committee meeting, the members present will elect another member of the Committee to preside. That member will discharge the duties of the Presiding Officer for that meeting, or until the arrival of the Committee Chair or Vice-Chair.
e)
VOTING - Any member, including the Committee Chair, may propose or second a motion. When the Committee Chair proposes a motion, he or she must vacate the chair to the Vice-Chair of the Committee during the debate on the motion and resume the chair following the vote. All members will vote on all motions except when disqualified by reasons of pecuniary interest or otherwise.
Exhibit C Page 120 of 130
f)
DUTIES - Council may discharge from responsibility any Committee, which refuses or neglects to give due consideration to any matter before it. Council may then allot such responsibility to another Committee.
g)
Clerk or Secretary Treasurer, Committee of Adjustment to Preside at First Meeting - The Clerk or Secretary Treasurer shall preside at the first Meeting of each Committee or Board in each calendar year for the purpose of electing the Chair of that Committee. Upon election, the Chair shall preside at the Meeting.”
This By-law will come into force and take effect on the date of its passing.
Given First and Second Readings: January 10, 2023 Given Third Reading signed and sealed January 10, 2023 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Clerk
Page 121 of 130
To: Council Prepared by: Development Services Department Date of Meeting: January 31, 2023 RC-21-03 (5006755 Ontario Ltd.) (Beach - Agent) – Application to stop up, close and transfer a portion of unopened road Subject: allowance between former Townships Portland and Loughborough.
Summary An application has been received by Development Services Staff requesting to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough.
Recommendation That By-law number 2023-06, being a By-law to stop up, close and transfer ownership of Part 2, Plan 13R22785, being a portion of an unopened road allowance on which the dwelling of 5356 New Morin Road encroaches plus three (3) feet, be given first and second reading; and That By-law number 2023-06 be given third reading, signed and sealed.
Background An application was submitted to the Development Service Department to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough. The applicant owns property adjacent to the unopened road allowance. The benefitting lands are developed with a dwelling and sewage system, a portion of the dwelling encroaches on the unopened road allowance. This application was brought before Council for a Public Meeting on August 9th, 2022. After concerns were raised at the Public Meeting, the agent on file and planning staff met to discuss how to move the application forward. At the public meeting, Council advised that the closure, sale, and transfer of the portion of unopened road allowance the dwelling encroached on plus three feet around would be an acceptable compromise. On October 4, 2022, a report was brought to Council outlining the matter and asking that Council approve, in principle, the closure, sale and transfer of the lands on which the dwelling encroached plus a three (3) foot perimeter. Council agreed to this proposal. It www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 122 of 130 Township of South Frontenac Staff Report - RC-21-03 (5006755 Ontario Ltd.) (Beach - Agent) – Application to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough.
was also noted that the matter would be brought back for the approval of a by-law to stop up, close and transfer the new proposal once the revised survey was received from the land registry office. Planning staff have received and reviewed Survey Plan 13R22785, Attachment #1. Part 2 on Plan 13R22785 is the portion of the unopened road allowance to be purchased and transferred to the applicant.
Discussion/Analysis The total area of the portion of unopened road allowance to be stopped up, closed, and transferred is 154 square metres (581.251 square feet). Based on Township policy, the entire portion of the unopened road allowance would be given the purchase price of $0.21 per square foot, which would equal a purchase price of $122.06 plus HST. However, in accordance with the policy, the purchase price of the unopened road allowance must be at minimum $1,000. Therefore, the purchase price for this parcel should be $1,000 plus HST (113.00) = $1,113.00.
Financial Implications The application fee and legal deposit has been paid by the applicant to process this road closing application. Fees to survey the road allowance are to be paid by the applicant.
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: Choose an item.
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation • •
Public Services Notice to the Public and a Public Meeting
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 123 of 130 Township of South Frontenac Staff Report - RC-21-03 (5006755 Ontario Ltd.) (Beach - Agent) – Application to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough.
Attachments Attachment #1 – Survey 13R22785 Attachment #2 – By-Law number 2023-06
Approvals Prepared by: Michelle Hannah, Planning Assistant Submitted By:
Brad Wright Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 124 of 130 Township of South Frontenac By-Law Number 2023-06 Being a by-law to stop up, close and sell a portion of an unopened road allowance being Part 2, Plan 13R22785, Part of the Road Allowance between the Geographic Townships of Portland and Loughborough; 5006755 Ontario Ltd. Whereas the Municipal Council of the Township of South Frontenac may pass a by-law to stop up, close and sell any highway or part thereof pursuant to the Municipal Act, section 34(1): And whereas pursuant to the Township of South Frontenac’s Notice By-law No. 2016-73, the Corporation of the Township of South Frontenac caused to be advertised the proposal to close portions of the said road allowance: And whereas the said road allowance is not used as a publically travelled road: And whereas no objections have been received to the road closing: Now therefore the Corporation of the Township of South Frontenac by its Council, hereby enacts as follows: 1.
That the portion of road allowance being Part 2 Plan 13R22785, Part of the Road Allowances between the Geographic Townships of Portland and Loughborough between Lot 1, Concession 8 Geographic Township of Portland and Lot 1, Concession 8 Geographic Township of Loughborough, part of PIN 36274-0170. Benefitting lands municipally known as 5356 New Morin Road.
That the Mayor and Clerk are hereby authorized and directed to execute such documents as are required; and
That this By-law shall come into force and take effect upon registration of this By-law. Dated at the Township of South Frontenac this 31st day of January, 2023. Read a first and second time this 31st day of January, 2023. Read a third time and finally passed this 31st day of January, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Louise Fragnito, CAO/ Acting Clerk
Page 125 of 130
Page 126 of 130
To: Council Prepared by: Office of the Chief Administrative Officer Date of Meeting: January 31, 2023 Subject: Appointment of Clerk and Deputy Clerk
Summary Staff are recommending that Council approve By-law 2023-07 and By-law 2023-08 in order to appoint James Thompson as Clerk and Louise Fragnito as Deputy Clerk.
Recommendation
- That By-law 2023-07 being a By-law to appoint James Thompson as Clerk be given first and second reading.
- That By-law 2023-07 be given third reading, signed and sealed.
- That By-law 2023-08 being a By-law to appoint Louise Fragnito as Deputy Clerk be given first and second reading.
- That By-law 2023-08 be given third reading, signed and sealed.
Background Not applicable.
Discussion/Analysis Staff are recommending that James Thompson be appointed as Clerk effective February 1, 2023. Mr. Thompson will fulfill the duties of Clerk as outlined in Section 228 of the Municipal Act. Additionally, staff are recommending that Louise Fragnito be appointed as Deputy Clerk effective February 1, 2023. As outlined in Section 228.2 of the Municipal Act, a municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 127 of 130 Township of South Frontenac Staff Report - Appointment of Clerk and Deputy Clerk
Financial Implications None
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: Choose an item.
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation Not applicable
Attachments By-law 2023-07 – A By-law to Appoint a Clerk By-law 2023- 08 – A By-law to Appoint a Deputy Clerk
Approvals Prepared by James Thompson, Deputy Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 128 of 130
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-07 A BY-LAW TO APPOINT A CLERK WHEREAS Section 228 (1) of the Municipal Act, 2001, as amended, provides that Council shall appoint a Clerk whose duty it is to record, without note or comment, all resolution, decisions and other proceedings of Council; if required by any member present at a vote, to record the name and voter of every member voting on any matter in question; to keep the originals or copies of all by-laws and of all minutes of the proceedings of the council; to perform the other duties required under this or under any other Act; and to perform such other duties as assigned by the municipality; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- That James Thompson is hereby appointed as Clerk for the Corporation of the Township of South Frontenac effective February 1, 2023.
- That By-law 2022-105 be repealed.
- That this By-law shall come into force and take effect on February 1, 2023. Dated at the Township of South Frontenac this 31 day of January 2023. Read a first and second time this 31 day of January, 2023. Read a third time and finally passed this 31 day of January, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Louise Fragnito, Clerk
Page 129 of 130
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-08 A BY-LAW TO APPOINT A DEPUTY CLERK WHEREAS Section 228 (1) of the Municipal Act, 2001, as amended, provides that Councils shall appoint a Clerk whose duty it is to record, without note or comment, all resolution, decisions and other proceedings of Council; if required by any member present at a vote, to record the name and voter of every member voting on any matter in question; to keep the originals or copies of all by-laws and of all minutes of the proceedings of the council; to perform the other duties required under this or under any other Act; and to perform such other duties as assigned by the municipality; AND WHEREAS Section 228 (2) of the Municipal Act, 2001, as amended, provides that a municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
That Louise Fragnito is hereby appointed as Deputy Clerk for the Corporation of the Township of South Frontenac effective February 1, 2023.
That By-law 2022-47 be repealed.
This By-law shall come into force and take effect on February 1, 2023.
Dated at the Township of South Frontenac this 31 day of January 2023. Read a first and second time this 31 day of January 2023. Read a third time and finally passed this 31 day of January 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Louise Fragnito, Clerk
Page 130 of 130
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-09 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE SPECIAL COUNCIL MEETING OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON JANUARY 31, 2023 Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act of any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act S.O. 2001, c. 25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of the jurisdiction described in the Table to Subsection 2, subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O 2001 c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise, and Whereas the Council of the Township of South Frontenac deems it expedient to confirm its actions and proceedings; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, HEREBY ENACTS AS FOLLOWS: 1.
The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on January 31, 2023 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held January 31, 2023 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on January 31, 2023 except those taken by by-law and those required by bylaw to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.
Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.
This By-law shall come into force and take effect on the date of its passage.
Read a first and second time this 31 day of January, 2023 Read a third time and finally passed this 31 day of January, 2023 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Louise Fragnito, Clerk
