TOWN OF GREATER NAPANEE REGULAR SESSION OF COUNCIL
A G E N D A
DECEMBER 19, 2017 at 7:00 p.m. Council Chambers, Town Hall - 124 John St., Napanee
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1. CALL TO ORDER
2. ADOPTION OF AGENDA
2.1 Adopt Agenda Recommendation: That the Agenda of the Regular Session of Council dated December 19, 2017 be adopted as presented.
3. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
4. PRESENTATIONS
5. DEPUTATIONS
5.1 Council Resolution to Accept Additional Deputations with No Notice, if required.
6. ADOPTION OF MINUTES
5 - 15 6.1 Regular Session of Council - November 28, 2017 Recommendation: That the minutes of the Regular Session of Council dated November 28, 2017 be adopted as presented.
7. CORRESPONDENCE
7.1. Correspondence for Information
16 7.1.1 Correspondence for Information items dated - December 19, 2017 Recommendation: That the Correspondence for Information items dated December 19, 2017 be received.
7.2. Correspondence for Action
8. UNFINISHED BUSINESS
9. COMMITTEE REPORTS
17 - 19 9.1 Community Development Advisory Committee Recommendation: That Council receive and adopt the minutes of the Community Development Advisory Committee dated October 26, 2017.
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10. STAFF REPORTS
20 - 31 10.1 CAO - Service Area Updates Staff Recommendation: That Council receive for information the CAO - Service Area Updates report.
32 - 34 10.2 CAO - Lennox & Addington Outreach Services - 55Plus Active Living Centre Program Expansion Funding Application - Request for Town Support Staff Recommendation: That the Council of The Corporation of the Town of Greater Napanee endorses the application by the Lennox & Addington Seniors Outreach Services to the Ministry of Seniors Affairs for Seniors Active Living Centres Program Expansion funding; And further that Council hereby commits to providing in-kind support to the Lennox & Addington Seniors Outreach Services, by allowing the 55Plus Activity Centre to operate their program from the municipally- owned North Fredericksburgh Hall, and that the value of this contribution would exceed the legislated funding component of a minimum 20% of the net annual costs of maintaining and operating the program. And further that Council send a formal request to the County of Lennox and Addington for $5,000 as a contribution toward the 25% usage that comes from residents of the County outside of Greater Napanee, and that money received be used to prepare the facility for occupancy in support of future Senior Social Programs.
35 - 39 10.3 Infrastructure Services (Planning) - Application to Lift Part Lot Control from Turgal (1988) Inc. for Lots 42 and 64 on Registered Plan 29M-6 Staff Recommendation: That Council receive for information and approve the request from TURGAL(1988) Inc., that Lots 42 and 64 on Registered Plan 29M-6 be exempt from Section 50(5) of the Planning Act to allow for a semi-detached dwelling unit to be constructed on: Part 1 and Part 2 of Reference Plan 29R-10509, respectively of Lot 42, Registered Plan 29M-6, and Part 5, and Parts 6 and 7 of Reference Plan 29R-10509, respectively of Lot 64, Registered Plan 29M-6; And further that Application PLPLC 2017 046 be approved and a by-law be brought forward later in the meeting.
40 - 41 10.4 Community & Corporate Services - Hall Rental Request Staff Recommendation: That Council receive for information the Hall Rental Request report; and further that Council approve: • one free week-day rental of the Lafarge Banquet Hall at the Strathcona Paper Centre to Ms. Barb Sokil; • to be used during the month of March 2018 to host an Information Fair connecting parents of children with disabilities to services, agencies and support networks; • agreeing that the free hall rental would be covered under the Town’s
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insurance policy.
42 - 43 10.5 Community & Corporate Services - Parade of Lights Santa Claus Float Staff Recommendation: That Council receive for information the Parade of Lights, Santa Claus Float report; and further that Council approve: The purchase of the Santa Claus float for a total cost of $8,295.13 of which $4,000.00 be paid from the 2017 Public Celebrations Budget and the remaining $4,295.13 be paid from the 2017 Capital Reserves Budget.
44 - 47 10.6 Community & Corporate Services - Request to Transfer Town Land adjacent to 9589 Loyalist Parkway Staff Recommendation: That the Council of The Corporation of the Town of Greater Napanee receive for information the Community & Corporate Services - Request to Transfer Town Land adjacent to 9589 Loyalist Parkway report; And further that Council approve the following: (i) That the parcel of land being Part of Lot 11, Concession 1 Fredericksburgh Additional, being PIN 45105-0031, be declared surplus to the Town’s needs, appraised and transferred to the property owners of the adjacent property to the east, being PIN 45105-0025. (ii) That the sale price of the land be $2.00. (iii) That all associated costs of this land transfer be assumed by the Town of Greater Napanee. (iv) That the Mayor and Clerk execute, on behalf of The Corporation of the Town of Greater Napanee, all required documents related to this land conveyance.
11. BY-LAWS
48 - 49 11.1 By-law No. 2017-0060 - To Appoint and Constitute a Committee of Adjustment for the Year 2018.
50 - 51 11.2 By-law No. 2017-0061 - To Appoint a General Manager Emergency Services/Fire Chief
52 - 60 11.3 By-law No. 2017-0062 - To Amend By-law No. 2011-06 (A by-law to license, regulate and govern taxicab owners and drivers)
61 - 62 11.4 By-law No. 2017-0063 - To Amend By-law No. 2008-58 (A by-law to govern the calling, place and proceedings of Council and Committees of Council and the conduct of its members)
63 - 73 11.5 By-law No. 2017-0064 - To Authorize a Union Gas Franchise Agreement (First and Second Reading only; Final reading is done once Union Gas has received the Decision and Order from the Ontario Energy Board)
74 - 76 11.6 By-law No. 2017-0065 - To provide that Subsection 50(6) of The
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Planning Act, R.S.O. 1990, Chapter P.13 as amended does not apply to certain lands within the Town of Greater Napanee (Removal of Part Lot Control)
12. NEW BUSINESS
13. NOTICE OF MOTIONS
14. STATEMENTS BY MEMBERS
15. CLOSED SESSION
15.1 Adjourn to Closed Session pursuant to Section 239 of the Municipal Act in order to discuss a matter about identifiable individuals.
15.2 Rise and report from Closed Session
16. CONFIRM PROCEEDINGS
77 16.1 A By-law to Confirm the Proceedings of the Council of the Corporation of the Town of Greater Napanee
17. ADJOURNMENT
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Minutes of Meeting Held November 28, 2017 at 7:00 PM Council Chambers, Town Hall - 124 John St., Napanee
PRESENT: Deputy Mayor Marg Isbester in the Chair, Councillor Ward 1 Michael Schenk, Councillor Ward 2 Max Kaiser, Councillor Ward 3 Roger Cole, Councillor Ward 4 Carol Harvey, Councillor Ward 5 Shaune Lucas
ABSENT: Mayor Gordon Schermerhorn
CALL TO ORDER Deputy Mayor Isbester called the meeting to order at 7:00 p.m. ADOPTION OF AGENDA RESOLUTION #493/17: Cole & Schenk That the Agenda of the Regular Session of Council dated November 28, 2017 be adopted as amended: ▪ To include a revised By-law No. 2017-0056; and ▪ To move the following Agenda Items after Agenda Item No. 5. – Deputations: - Agenda Item No. 10.1 - Infrastructure Services (Planning) - Official Plan Amendment PLOPMA 2017-036 and Zoning By-law Amendment PLZACO 2017- 037 for Part of Lots 16 & 17, Concession 1, Geographic Township of Richmond; - Agenda Item No. 10.2 - Infrastructure Services (Planning) - Zoning By-law Amendment PLZACO 2017 041 - 6262 County Rd. 9; - Agenda Item No. 11.1 - By-law No. 2017-0054 - To Amend Zoning By-law No. 02-22 for Property at 6262 County Road 9; - Agenda Item No. 11.2 - By-law No. 2017-0055 - Official Plan Amendment No. 37; and - Agenda Item No. 11.3 - By-law No. 2017-0056 - To Amend Zoning By-law No. 02-22 - Part Lots 16 & 17, Concession 1, Geographic Township of Richmond CARRIED. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest. PRESENTATIONS There were no Presentations. DEPUTATIONS Kimberley Sledz, 55Plus Active Coordinator, Lennox & Addington Seniors Outreach Services Re: Seniors Active Living Centres Kimberley Sledz, 55Plus Active Coordinator, Lennox & Addington Seniors Outreach Services, provided a revised Powerpoint presentation regarding its Seniors Active Living Centre, and requested a letter of financial commitment and/or in-kind support
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from the Town as a requirement for a program expansion funding application through the province of Ontario. Council Resolution to Accept Additional Deputations with No Notice, if required. RESOLUTION #494/17: Lucas & Kaiser That Council accept additional deputations without notice. CARRIED.
Bill Russell, Reid Street resident, spoke regarding the Official Plan and Zoning By-law amendments for the Red Tree development off Reid Street, and questioned if approving the Official Plan and Zoning By-law amendments would mean approval of the development only, and whether the access to the development would still be open for discussion later so that residents could come forward to Council with further information.
Nancy Cornish, IBI Group - Town’s Planning Consultant reviewed the development concept noting: ▪ that the development and zoning amendment have been crafted with Reid Street as the access; ▪ that the zoning is site specific and will be subject to site plan control; ▪ the zoning speaks to the development as proposed by Red Tree Development; ▪ no other formal public approval is required; ▪ IBI Group would work with the Town through the development process; ▪ there is a 20-day appeal period to appeal to the Ontario Municipal Board; ▪ the Town’s peer review agrees with the traffic study submitted by the developer; and ▪ AECOM reviewed data further after the first public meeting, and did not find anything to change their peer review of the traffic study.
Deputy Mayor Isbester advised that any further information requested from the developer would have to be backed up with further studies.
Ms. Cornish noted that if there had been an issue with the transportation impact study, then further studies would be required; however, there are no concerns from the technical studies so the development is based on the County’s preference that Reid Street be the access, rather than County Road 2.
Bill Russell noted that the Mayor had requested that the Planning Department get the survey of the property of the current Red Tree Development to determine how much land was available for access by Dewey Hunt Drive. Ms. Cornish advised that she had reviewed the minutes from the last meeting and did not know that this was a matter to be followed up on. Ms. Cornish further confirmed that Dewey Hunt Drive is a private road and that the Town cannot require access on a private road.
Councillor Schenk noted that the Reid Street access issue that has been raised and presented can be appealed to the Ontario Municipal Board, and that there are restrictions to the layout for another access due to the creek.
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Bill Russell noted that AECOM’s final report indicates that it is unlikely that the road surface would have any problems because of this development; however, the only way to confirm this would be to know what is below the road surface and protecting the utility lines.
Councillor Harvey questioned why another entrance through the Red Tree estate property cannot be used and further questioned how the Town can proceed to approve the development until proper studies of Reid Street and Slash Road infrastructure are done.
Bill Russell questioned if Council would support representatives from Red Tree Development meeting with one or two Reid Street residents to discuss the access concerns, noting that they may be able to come to some solutions.
Mark Hamel spoke to Council regarding concerns of the preferred option for changes to the Highway 401 interchange at Palace Road, which would see the off-ramp location at the end of his driveway. Mr. Hamel questioned if the Town had any further information on why this is the preferred option because it diverts traffic closer to 6 driveways on Palace Road instead of in front of a commercial property. Jeff Cuthill, Director of Utilities and Public Works Construction advised that this project is in the preliminary stages to provide information and see input from the public, and is beyond the 5-year timeframe.
Bill Russell, member of the Napanee Lions Club, spoke to Agenda Item No. 10.10 - Community & Corporate Services - L&A Mutual Leased Parking Spaces, the proposal to provide 10 leased reserved parking spaces in front of the Lions Park. Mr. Russell advised that in 2015, the Town proposed Lions Park would include an expanded parking lot and that the Lions Club would be willing to work with the Town; however it did not include reserved parking for commercial use. Mr. Russell expressed concern that this proposal would eliminate all public parking, and that it appeared that work had already been done to create these 10 reserved spaces with no discussion with the Lions Club.
Deputy Mayor Isbester noted that the recent improvements done by the Town were for safety reasons.
Hubert Hogle spoke to Agenda Item No. 10.10 as well, noting that James Timlin had previously done a study of parking downtown including parking on East Street and the potential to reconfigure the TD parking lot. Mr. Hogle advised that he has measured that parking lot, and believes there is space to accommodate another row of parking. Mr. Hogle was also surprised at the extent of the work done for parking at Lions Park.
Gerry Haggerty expressed concern that Council should not build parking lots to lease to insurance companies such as L&A Mutual.
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STAFF REPORTS Infrastructure Services (Planning) - Official Plan Amendment PLOPMA 2017-036 and Zoning By-law Amendment PLZACO 2017-037 for Part of Lots 16 & 17, Concession 1, Geographic Township of Richmond Nancy Cornish, IBI Group - Town’s Planning Consultant reviewed the planning report with recommendations to approve the Official Plan Amendment and the Zoning By-law Amendment. Ms. Cornish noted that a minor amendment is required to the zoning by- law based on comments from Quinte Conservation, and recommended that no further public notice is needed.
Councillor Lucas noted that the public that have spoken to this proposed development are not against the development, only the access. Councillor Lucas further noted that the County preference is that access to the development not be provided from County Rd 2, so if Council approves the development with the Reid Street access, it makes it difficult for anyone to appeal.
Ms. Cornish advised that staff are satisfied with the development for land use planning reasons and the zoning by-law amendment has been drafted with Reid Street as the intended access.
Councillor Harvey questioned whether a traffic count was done on Reid Street, as the concerns are the structure of the road; sidewalks, shoulders and the narrow width of road. Councillor Harvey advised that until a study of future costs to upgrade the road is done, the applications should be deferred. Ms. Cornish advised that Slash Road and Reid Street were done based on existing traffic volumes and that traffic counts were not necessarily conducted on Reid Street, but at the other intersections.
Deputy Mayor Isbester questioned whether the traffic count was done at 9:30 a.m. Ms. Cornish did follow up with AECOM, and they advised that there is nothing in the data that suggests that the traffic count was not conducted correctly.
Ms. Cornish noted that the Town’s road engineer agrees that Reid Street can handle the traffic from the development; however, Ms. Cornish advised that through the site plan control process, the Town could impose a condition for a geotechnical study of the road structure, if Council deems it necessary.
Councillor Lucas noted that the Town needs to understand the financial impact of future road upgrades.
Councillor Schenk noted that the Town can cover ourselves through site plan control agreement.
Councillor Cole advised that he tries to see both sides, and noted that the Town has peer reviewed the developer’s engineering studies to determine if there are any issues, and they have advised that it is a good plan and that Reid Street is a reasonable entrance to this property.
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Councillor Kaiser advised that the development needs to happen, but the only question is access; however, he feels that conversations regarding the road concerns from the public can still happen.
RESOLUTION #495/17: Kaiser & Schenk Whereas as a result of comments received from Quinte Conservation, a change has been made to Section 2(i) – Setbacks from Watercourse, Wetland and Floodplain of the proposed draft By-law No. 2017-0056, being a by-law to amend zoning By-law No. 02- 22 for Part of Lots 16 and 17, Concession1, Geographic Township of Richmond; And Whereas as per Section 34(17) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Council of the Town of Greater Napanee deems this change to be minor in nature; Now Therefore the Council of the Town of Greater Napanee deems that no further public notice is required in respect of the proposed by-law; And Further that the revised proposed zoning by-law amendment, being By-law No. 2017-0056, be brought forward later in the meeting for consideration; And Further that Council receive for information the IBI Group Planning Report dated November 2017 for Official Plan Amendment PLOPMA 2017 036 and Zoning By-law Amendment PLZACO 2017 037 for property being Part of Lots 16 & 17, Concession 1, Geographic Township of Richmond; And further that Council approve the Official Plan and Zoning By-law Amendments attached to the report as Appendix A and Appendix B, subject to the following conditions: 1. That Council consider and decide on the merits of written and verbal submissions received up to and including the Council meeting; 2. That should new information be received, or further input received raise points for further consideration, this report and opinion herein be revisited as needed. 3. That Council consider whether further notice is required with respect to the changes to the application following the public meeting, and if further notice is determined not to be required, to pass a resolution under Section 34(17) of the Planning Act to that effect.
Councillor Harvey requested a recorded vote. Yes: Councillors Schenk, Kaiser, Cole and Deputy Mayor Isbester No: Councillors Harvey and Lucas Absent: Mayor Schermerhorn Yes: 4 No: 2 As a result of the recorded vote, the resolution was declared………...... CARRIED.
Infrastructure Services (Planning) - Zoning By-law Amendment PLZACO 2017 041 - 6262 County Rd. 9
RESOLUTION #496/17: Schenk & Kaiser That Council receive for information the IBI Group Planning Report dated November 2017 for Zoning By-law Amendment PLZACO 2017 041 for 6262 County Road 9;
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And further that Council approve the Zoning By-law Amendment attached to the report as Appendix 1, subject to the following conditions:
1. That Council consider and decide on the merits of written and verbal submissions received up to and including the Council meeting; 2. That should new information be received, or further input received raise points for further consideration, this report and opinion herein be revisited as needed.
Councillor Schenk requested a recorded vote. Yes: Councillors Schenk, Kaiser, Cole, Harvey, Lucas and Deputy Mayor Isbester Absent: Mayor Schermerhorn Yes: 6 No: 0 As a result of the recorded vote, the resolution was declared...... CARRIED. BY-LAWS By-law No. 2017-0054 - To Amend Zoning By-law No. 02-22 for Property at 6262 County Road 9
RESOLUTION #497/17: Kaiser & Cole That By-law No. 2017-0054, being a by-law to amend Zoning By-law No. 02-22 for property located at 6262 County Road 9, be read a first time and brought to the floor for discussion. CARRIED.
RESOLUTION #498/17: Kaiser & Cole That By-law No. 2017-0054 be read a second time and finally passed and that the Deputy Mayor and Clerk sign the same and affix thereto the seal of the corporation. CARRIED. By-law No. 2017-0055 - Official Plan Amendment No. 37 RESOLUTION #499/17: Kaiser & Schenk That By-law No. 2017-0055, being a by-law to adopt Official Plan Amendment No. 37 - Part Lots 16 & 17, Concession 1, Geographic Township of Richmond, be read a first time and brought to the floor for discussion. Councillor Harvey requested a recorded vote. Yes: Councillors Schenk, Kaiser, Cole, Lucas and Deputy Mayor Isbester No: Councillor Harvey Absent: Mayor Schermerhorn Yes: 5 No: 1 As a result of the recorded vote, the resolution was declared………...... CARRIED.
RESOLUTION #500/17: Kaiser & Schenk That By-law No. 2017-0055 be read a second time and finally passed and that the Deputy Mayor and Clerk sign the same and affix thereto the seal of the corporation. CARRIED.
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By-law No. 2017-0056 - To Amend Zoning By-law No. 02-22 - Part Lots 16 & 17, Concession 1, Geographic Township of Richmond
RESOLUTION #501/17: Schenk & Kaiser That By-law No. 2017-0056, being a by-law to amend Zoning By-law No. 02-22 - Part Lots 16 & 17, Concession 1, Geographic Township of Richmond, be read a first time and brought to the floor for discussion.
Councillor Harvey requested a recorded vote. Yes: Councillors Schenk, Kaiser, Cole, Lucas and Deputy Mayor Isbester No: Councillor Harvey Absent: Mayor Schermerhorn Yes: 5 No: 1 As a result of the recorded vote, the resolution was declared...... CARRIED.
RESOLUTION #502/17: Schenk & Kaiser That By-law No. 2017-0056 be read a second time and finally passed and that the Deputy Mayor and Clerk sign the same and affix thereto the seal of the corporation. CARRIED. ADOPTION OF MINUTES Regular Session of Council - November 14, 2017
RESOLUTION #503/17: Kaiser & Schenk That the minutes of the Regular Session of Council dated November 14, 2017 be adopted as presented. CARRIED. CORRESPONDENCE FOR INFORMATION RESOLUTION #504/17: Kaiser & Harvey That the Correspondence for Information items dated November 28, 2017 be received. CARRIED. CORRESPONDENCE FOR ACTION The Church of St. Mary Magdalene - Received November 15, 2017 Re: Request for the Town to assume Maintenance of Historic Cemetery on Thomas Street East Peter Dafoe, General Manager - Infrastructure Services will have staff look at the dead trees on the cemetery property. RESOLUTION #505/17: Kaiser & Schenk That Council receive for information the request from The Church of St. Mary Magdalene received on November 15, 2017 for the Town to assume maintenance of the historic cemetery on Thomas Street East; And further that Council refer the request to the 2018 budget deliberations for a comprehensive discussion on cemetery maintenance. CARRIED.
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Ontario Provincial Police (OPP) - Updates from the Municipal Policing Bureau of the OPP - November 14, 2017
RESOLUTION #506/17: Harvey & Cole That Council receive for information the correspondence from the Ontario Provincial Police dated November 14, 2017 regarding updates from the Municipal Policing Bureau of the OPP. CARRIED. Ministry of Municipal Affairs & Housing - Reforms through the Fair Workplaces, Better Jobs Act (Bill 148) - November 14, 2017
RESOLUTION #507/17: Kaiser & Schenk That Council receive for information the correspondence from the Ministry of Municipal Affairs and the Ministry of Labour dated November 14, 2017 regarding the Fair Workplaces, Better Jobs Act (Bill 148). CARRIED.
Ministry of Municipal Affairs - Municipal Tax on Transient Accommodation - November 24, 2017
RESOLUTION #508/17: Schenk & Harvey That Council receive for information the Ministry of Municipal Affairs correspondence dated November 24, 2017 regarding the ability for municipalities to issue a tax on transient accommodation. CARRIED.
UNFINISHED BUSINESS There was no Unfinished Business presented. COMMITTEE REPORTS Community Development Advisory Committee - September 27, 2017
RESOLUTION #509/17: Cole & Schenk That Council receive and adopt the minutes of the Community Development Advisory Committee dated September 27, 2017. CARRIED.
Napanee BIA Board of Management Meeting Minutes RESOLUTION #510/17: Schenk & Kaiser That Council receive and adopt the minutes of the BIA Board of Management dated November 1, 2017. CARRIED. STAFF REPORTS (continued) Infrastructure Services (Utilities & Public Works) - Dundas Street Reconstruction 2018 Phase 2
RESOLUTION #511/17: Schenk & Kaiser That Council receive for information the Infrastructure Services (Utilities & Public Works) - Dundas Street Reconstruction 2018 Phase 2 report; And further that Council awards Part B, and the Town portion of Part D and Part E within the joint tender between the County of Lennox & Addington, and the Town of Greater Napanee, to Gordon Barr Ltd. at their tender price of $2,231,896.00 excluding HST. CARRIED.
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Infrastructure Services (Utilities) - Water Pollution Control Plant (WPCP) Phase 1 Tender Award
RESOLUTION #512/17: Schenk & Kaiser That Council receive for information the Infrastructure Services (Utilities) - Water Pollution Control Plant Phase 1 Tender Award Report; And further that Council award the tender to Peak Engineering and Construction Ltd. for the sum of $2,281,500.00 excluding HST. CARRIED. Community & Corporate Services - Proposed Taxi Rates and Fares Increase
RESOLUTION #513/17: Harvey & Kaiser That the Council receive for information the Community & Corporate Services - Proposed Taxi Rates and Fares Increase report; And further that Council direct staff: (i) to provide the required public notice of the proposed taxi rates and fares increase; and (ii) to bring forward the related by-law amendment to Council for consideration. CARRIED. Community & Corporate Services - Update to the Request for Closing and Conveying an Unopened Road Allowance between County Road 2 and Napanee River
RESOLUTION #514/17: Schenk & Kaiser That Council receive for information the Community & Corporate Services - Update to the Request for Closing and Conveying an Unopened Road Allowance between County Road 2 West and Napanee River report; And further that Council adopts the following resolutions: 1. That Council reconsider Resolution No. 346/17 dated August 22, 2017. 2. That Council authorizes that: (i) the lands described as Part of Lot 13, Concession 1, Geographic Township of Richmond, being Part 1 on Reference Plan 29R-10506, be declared surplus to the Town’s needs and advertised as such, appraised and conveyed to Peter Alan Hayes, as per the Town’s sale of real property process. (ii) That the sale price of the land be $6,400. (iii) All costs associated with this conveyance shall be the responsibility of Peter Alan Hayes. (iv) That the Mayor and Clerk execute, on behalf of The Corporation of the Town of Greater Napanee, all required documents related to this land conveyance. CARRIED.
Finance - Tax Write Offs on Town Properties RESOLUTION #515/17: Harvey & Lucas That Council receives for information the CAO Office/Finance - 2017 Tax Write-Off for Town of Greater Napanee owned properties report; And further that Council approves the write-off of taxes generated from properties owned by the Town of Greater Napanee as per Schedule A to the report in the amount of $18,337.48. CARRIED.
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Community & Corporate Services - Re: Seniors Active Living Centres
RESOLUTION #516/17: Schenk & Kaiser That Council receive for information the Community & Corporate Services - Seniors Active Living Centres report; And further that Council defer a decision until the County of Lennox & Addington has considered the request for support of the Lennox and Addington Seniors Outreach Services 55Plus Activity Centre grant submission; And further if the County does not provide support for the grant submission, that Town staff provide a report to Council at the December 2017 meeting regarding which in-kind donations the Town can provide towards the 55Plus - Seniors Active Living Centre. CARRIED. Community & Corporate Services - Safe Exchange Zone
RESOLUTION #517/17: Kaiser & Cole That Council receive for information the Community & Corporate Services - Safe Exchange Zone report; And further that Council approves the creation of a Safe Exchange Zone at the Strathcona Paper Centre. CARRIED. Community & Corporate Services - L & A Mutual Leased Parking Spaces
RESOLUTION #518/17: Lucas & Schenk That Council receive for information the Community & Corporate Services - L&A Mutual Leased Parking Spaces report; And further that Council not approve the creation of ten Reserved Parking spaces for L & A Mutual Insurance Co. on Water Street. CARRIED. BY-LAWS (continued) By-law No. 2017-0057 - To appoint Night Patrolmen as Municipal By-law Enforcement Officers
RESOLUTION #519/17: Schenk & Kaiser That By-law No. 2017-0057, being a by-law to appoint Night Patrolmen as Municipal By-law Enforcement Officers, be read a first time and brought to the floor for discussion. CARRIED.
RESOLUTION #520/17: Schenk & Kaiser That By-law No. 2017-0057 be read a second time and finally passed and that the Mayor and Clerk sign the same and affix thereto the seal of the corporation. CARRIED. NEW BUSINESS MTO Deputation to Council
RESOLUTION #521/17: Lucas & Kaiser That Council direct staff to invite representatives from MTO to attend a Council meeting early in 2018, to discuss the planned reconfiguration of the on/off ramps from Highway 401 at Palace Road and County Road 41. CARRIED.
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2018 Summer Meeting Schedule RESOLUTION #522/17: Kaiser & Cole That Council confirm the following meeting dates in July and August 2018 in order that they can be published in the Town's 2018 Municipal Calendar: ▪ Special Session of Council - July 17, 2018 at 7:00 p.m., for time-sensitive matters only; and ▪ Regular Session of Council - August 14, 2018 at 7:00 p.m., which is rescheduled from August 21, 2018, due to the AMO conference. CARRIED.
TD Parking Lot Reconfiguration RESOLUTION #523/17: Schenk & Kaiser That Council direct staff to review the configuration of the TD parking lot to develop additional parking spaces and improved parking efficiencies. CARRIED. NOTICE OF MOTIONS There were no Notice of Motions presented. STATEMENTS BY MEMBERS There were no Statements by Members presented.
CLOSED SESSION RESOLUTION #524/17: Kaiser & Harvey That Council resolve itself into Closed Session at 9:28 p.m. in order to discuss a personnel matter about an identifiable individual; the prospective disposition of land; and a matter of solicitor-client privilege. CARRIED.
RESOLUTION #525/17: Cole & Schenk That Council rise and report from Closed Session; And further that all recommendations made within Closed Session be hereby adopted. CARRIED. CONFIRM PROCEEDINGS RESOLUTION #526/17: Harvey & Lucas That By-law No. 2017-0058 being a By-law to Confirm the Proceedings of Council at its Regular Session held November 28, 2017 be read a first and second time and finally passed and that the Mayor and the Clerk sign the same and affix thereto the seal of the Corporation. CARRIED. ADJOURNMENT RESOLUTION #527/17: Harvey & Lucas That the meeting does hereby adjourn at 10:01 p.m. CARRIED.
Marg Isbester, Deputy Mayor Susan Beckel, Clerk
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Summary of Correspondence for Information Items December 19, 2017
This summary contains correspondence that was received by the municipality from outside organizations, which were broadcast to all municipalities, or which were addressed generally to the Town. This includes requests for support for resolutions.
All correspondence addressed to an individual member of council or to the whole council from a resident are placed in the appropriate council mailbox. These items of correspondence are not added to the agenda unless requested by a member of council.
Correspondence for Action items are pieces of correspondence that were received by Town staff that require further council attention or action. Members of Council may request items be added to the agenda for consideration.
1. Queen’s University – Re: “Staying Active, Safe in Our Communities” Calendar.
2. ROMA Speaks – Re: ROMA Speaks January 21-23, 2018.
3. TransCanada – Re: Part of Your Community.
4. Association of Municipalities of Ontario – Re: • Watch File – November 23, 2017 • Watch File – November 30, 2017 • Update from the AMO President • Watch File – December 7, 2017 • Things that happened today at Queen’s Park – December 7, 2017 • Watch File – December 14, 2017 • AMO’s 2018 Pre-Budget Submission
Correspondence for Information items dated - December 19, 2017 Page 16 of 77 TOWN OF GREATER NAPANEE COMMUNITYDEVELOPMENT ADVISORY COMMITTEE
Minutes of Meeting Held October 26, 201? at 7:30 AM Commiftee Room, Town Hall, 124 John St., Napanee PRESENT: CouncillorRoger Cole (Chair), BrittanyCouto, Hubert Hogle, Ellen Johnson, Vern Kimmett,Jason MacDonald, Dave Pinnell Jr., MikeSewell, John Stinson
ALSO PRESENT: Marg Isbester, Deputy Mayor; Raymond Callery, CAO (Recording Secretary); Lyndsay Tee, Economic Development Coordinator; James Timlin,General Manager Community &Corporate Services
CALL TO ORDER
ADOPTION OF AGENDA COMMITTEERECOMMENDATION: That the agenda of the Community Development AdvisoryCommittee dated Thursday, October 26, 2017 be hereby adopted.
ADOPTIONOF MINUTES COMMITTEERECOMMENDATION: That the minutes of the Community Development AdvisoryCommittee dated Wednesday, September 27, 2017 are hereby approved. ITEMSFOR DISCUSSION Strategic Plan Hubert Hogle had provided written thoughts on the strategic plan that were emailed to Committee Members priorto the meeting. Ray Callery reviewed that the purpose of the committee workwas to develop a framework for economic development and quality of lifeperspectives; that could be used for providing relative comparison of strategic planning projects, for the purpose of making future recommendations to Council. Itwas suggested that four angles of economic development that could be analyzed could be: Industry/Agriculture,Commercial/Entrepreneurial/Agri-Business, Residential (including demographic categories) and Non-Resident (includingTourism/Employees working here, Potential investors, Potential residents). Itwas determined, after discussion, to break into three working groups for a portion of the meeting and that each group would brieflyreport back at the end of the meeting. • Industry/Agriculture: Hubert, Vern, Dave, Jason, Marg • Commercial/Entrepreneuhal/Agri-Business: John, Mike,Lyndsay, James • Residential/Non-Resident: Ellen, Brittany,Roger, Ray The attached report indicates the results of those preliminarydiscussions.
Itwas agreed that at the next meeting the groups would spend the first 45 minutes continuing their discussions, then one group would report back on their informationand the entire Committee would discuss that work.
Community Development Advisory Committee Page 17 of 77 COMMUNITYDEVELOPMENT ADVISORY COMMITTEE - October 26, 2017 Minutes
At the following meeting, half the meeting would be used for the remaining two groups to continue their presentations and have the entire Committee discuss that information.
Motion to Table COMMITTEE RECOMMENDATION: That the remaining items on the Agenda be tabled beyond the next two meetings.
NEXT MEETING COMMITTEE RECOMMENDATION: That the next meeting be held November 30, 2017 at 7:30 a.m.
ADJOURNMENT COMMITTEE RECOMMENDATION: That the committee does hereby adjourn.
CbuncilI’ Roger Cole, Chair
Community Development Advisory Committee Page 18 of 77 Community Development Advisory Committee
CDAC Meeting: October 26, 2017— Breakout Groups — Reviewing Strat Plan through ED Lenses: Comments Question: What ‘lenses” need to be considered to help a project advance? Lens: Commercial, Lens: Non-Resident Lens: Resident Lens: Industry & Agriculture Entrepreneur, Agri-Business 1. Demographics by age 1. Demographics by age 1. Taxation Levels (stability, 1. Taxation Levels (stability, a. Young Professionals a. Young Professionals predictability, reasonable) predictability, reasonable) 16-29 yrs. 16-29 yrs. 2. Improved/Increase in Services 2. Improved/Increase in b. Life Experienced 56+ a. Children 0-15 yrs. 3. Environmental Awareness & Services yrs. b. Working Adults 30-55 Concern a. Roads c. Working Adults 30-55 yrs a. Waste Water, Soil, b. Waste Water, Soil, yrs. c. Life Experienced 56+ Energy, Etc. Energy d. Children 0-15 yrs. yrs. 4. Expansion of Rail System (Environmental 2. Improved Quality of 2. Taxation Levels (stability, 5. Ministry Regulations Awareness) Living predictability, reasonable) 6. Land Availability 3. Land Availability a. Employment 3. Improved Quality of a. Zoning a. Zoning Opportunities Living b. Services b. Services b. Affordable Housing a. Employment 7. Quality of Living 4. Quality of Living (Not rent controlled Opportunities a. Employment a. Employment (housing they can rent b. Affordable Housing Opportunities Opportunities or purchase) (Not rent controlled b. Affordable Housing b. Affordable Housing c. Meet Medical Needs (housing they can rent (Not rent controlled (Not rent controlled d. Recreational Activities or purchase) (housing they can rent (housing they can of Interest c. Meet Medical Needs or purchase) rent or purchase) 3. Taxation Levels (stability. d. Recreational Activities c. Meet Medical Needs c. Meet Medical predictability, reasonable) of Interest d. Recreational Activities Needs of Interest d. Recreational 8. Central Location Activities of Interest a. Opportunities for: 5. Business Professional i. Warehousing Resources B. Small/mid- 6. Connection/WIFI sized industry Page 19 of 77
Staff Report to Council
To: Mayor Schermerhorn and Members of Council
Date: December 19, 2017
Prepared By: Raymond Callery, CAO
Presented By: General Managers
Re: CAO - Service Area Updates
Staff Recommendation:
That Council receive for information the CAO - Service Area Updates report.
Financial Implications: 2017 Budget should accommodate these initiatives unless otherwise identified.
Accessibility Implications: Continue to update many operational policies
Information Technology Implications: Initiatives identify implications as appropriate.
Background Information This monthly report format has been designed to give a high level overview to Council on significant projects taking place under each of the three main portfolios of Infrastructure Services, Emergency Services and Community and Corporate Services. The report also summarizes Human Resource, Energy Management and other initiatives being spearheaded by the office of the CAO.
I trust you will find this information useful, when combined with the other reporting that is being produced for each service area.
CAO - Service Area Updates Page 20 of 77
Emergency Services – Corporate-Wide Health & Safety Project Policy Implications Current Project Safety Message Safety at work is a shared responsibility! We all have a duty to take care of our own health and safety and that of others who may be affected by our actions at work. Project Policy Implications Current Project Joint Health & Safety To take place this month Committee meeting Thanks to members who continue to help with taking on responsibilities for workplace compliance and leading their departments. Training Looking into certification training for new members of the H&S committee Looking into Inspection training for H&S reps/Mgrs Health & Safety Policy Updated Policy Manuals will be distributed with 3 new policies this year, at all locations
Emergency Services – Fire Project Policy Implications Recent Updates Calls for Service In 2016 Emergency Services responded to 544 calls for service. Numbers to be updated in January.
Emergency Services – Energy Conservation Projects Project Policy Implications Recent Updates Napanee Station Insulation Budget approved Insulation and air barrier have been installed, Project exterior cladding has been placed back on building. Just awaiting the completion of flashing to complete project.
Emergency Services – Capital Projects Project Policy Implications Recent Updates
CAO - Service Area Updates Page 21 of 77
Emergency Services – Public Education/Enforcement Project Policy Implications Current Project Inspections Provincial Compliance. Inspections are on-going. Year end totals to be added in January. Annual Legislated Vulnerable Occupancy, 12 of 13 Evacuation Drills have been completed. Those completed have all met the Provincial Standard. Development/ Construction On-going review of development and construction proposals. Public Education Code Enforcement Provincial Compliance There are no outstanding Fire Code enforcement issues at this time.
Emergency Services – Fleet Project Policy Implications Current Project Fleet Rationalization Plan Capital Budget The new Compact Track Loader has been delivered. Staff have been trained on it and it has been placed into service.
A surplus vehicle and equipment have been sold on Govdeal. 1-15 a 2000 Sterling tandem plow truck sold for Fleet Reserve Budget $9070.00 2002 Trackless sold for $7520.00
Fleet Maintenance Program On Going The review of the fleet maintenance program has been completed. The plan has been presented to senior management. A new tracking system to collect data is being created. This new system is required to start the process for a records management and auditing program. This program will allow for the tracking of each vehicle maintenance and cost. The program will be presented to Council late 2017.
Emergency Services - Emergency Measures Project Policy Implications Current Project Emergency Management Provincial Compliance Town of Greater Napanee’s 2017 compliance Reports report has been submitted to the province Emergency Operations Members of the Municipal Control Group have Centre submitted flashdrives detailing pertinent information to have on hand in the event of an emergency
Emergency Services – Accessibility Project Policy Implications Current Project Accessibile Reporting AODA Compliance The Town of Greater Napanee has submitted their compliance to the Directorate.
CAO - Service Area Updates Page 22 of 77
Infrastructure Services - Planning and Development Services Project Policy Implications Current Project Building Permit Information Total Permits: January 1st until November 30th, 2017 – 307 building permit applications which includes 47 single family dwelling units. Total construction value: $ 43,136,625.19 Total permit fees: $ 439,844.28 Status of various ABcann – building application permit has been construction projects. issued for an addition to the existing building on VanLuven Road. Construction progressing with structural steel under construction. St. Patrick’s Catholic Church – Building Permit Application has been issued for a Parish Hall attached to the existing church. Construction is underway with foundation complete and framing progressing. Trugal (1988) Inc Kanvers Way. – Building permits have been issued for new dwelling units within the new phase. 3 – 4 unit Townhomes and 3 – semi-detached dwellings are currently under construction. Napanee Environmental Site Plan application submitted for a new 46,000 Complex Inc. – Goodyear sq ft marijuana facility. Currently under review by Road departments/agencies. ABcann Site Plan – Awaiting on applicant to proceed. Site Plan Kimmett Side Road drafted, require direction. Final outstanding matter being reviewed by Utilities and Fire departments regarding On-Site Water storage. Red Tree Developments – OPA & Rezoning approved, presented within the Reid Street appeal period
Beverly Street Civic Identified shortfall in Civic Address numbering, Addressing implemented a proposed change to civic addresses along Beverly Street, hosted an Open House with ongoing communication will continue into the new year
Various File Review General Zoning Update – resolving final update matter with Conservation Authorities Subdivision proposals – currently arranging pre- consultation meetings with developers for future subdivision proposals Bridge Street West Estates – working with staff to begin the process for the development of Park land
CAO - Service Area Updates Page 23 of 77
Infrastructure Services - Utilities Project Policy Implications Current Project WWTP Biogas Upgrades Tender has been awarded to PEAK Engineering. First pre-construction meeting to be held on December 14, 2017.
MOECC Inspections MOECC Compliance Inspection was held November 23, 2017 at the Sandhurst Shores Water Treatment Plant. We are expecting a draft inspection report by December 14, 2017. An unannounced inspection of the A.L. Dafoe Water treatment by the MOECC plant is expected before the end of the year. 2018 Operating and Capital The 2018 Operating and Capital Budgets have Budgets been completed and will be presented to Council on December 18, 2017
Drinking Water Quality The Annual External Surveillance Audit of the Management System Drinking Water Quality Management System for the AL Dafoe and Sandhurst Shores Drinking Water System was completed on November 20th, 2017. The Quality Management System was deemed Effective and there were no non- confomities noted in the report. Opportunities for Improvement were suggested and will be considered during the next Management Review. (2017/12/12 – KK)
Infrastructure Services – Public Works/Landfill Project Policy Implications Current Project Leaves, Brush and Yard The annual fall leaf, brush and yardwaste Waste Collection collection is complete. (2017/12/13) Shouldering Shoulder work has concluded for County Road 8 and County Road 21. (2017/12/13) Winter Maintenance Public Works crew have begun winter operations for the 2017/2018 season (2017/12/13) Christmas Tree Collection Christmas tree collection will be on-going for the first two weeks of January. Rural residents must call in by January 10th, 2018 to be scheduled. (2017/12/12 – KK) Gravel Road Maintenance Grading gravel roads in the North portion of the municipal roads continues. (2017/12/13)
CAO - Service Area Updates Page 24 of 77
Infrastructure Services – Facilities Policy Implications Current Project
Boxing Day Tournament The Kinsmen Club of Napanee will be hosting the annual Boxing Day tournament at the SPC on December 26th. Games are set to begin at 8:00am.
Tim Horton’s Free Holiday Tim Horton’s will be hosting Free Holiday skating at Skating the SPC Home Hardware rink at 1:00pm on the following dates: Dec. 27th, 28th, 29th Jan. 3rd, 4th GKGHA Tournament Greater Kingston Girls Hockey Association will be hosting their annual tournament Jan. 5th-7th in Kingston, Amherstview, and Napanee. Games will get underway Friday January 5th at 8:30am at the SPC. GKMHA Tournament Greater Kingston Minor Hockey Association ‘AAA’ tournament will be partly held in Napanee on January 12th and 13th.
Finance Project Policy Implications Current Project
2017 Audit 2017 Interim Audit expected to start by the end of 2017. Tax Sales Council direction on Report to Council following tax sales scheduled unsuccessful sales will be for January, 2018. required. Tangible Capital Assets Continuation of updating assets values. Tax Policy Effects on Budgets and tax rates will be investigated and presented during future Budget Deliberations. 2018 Budget Council Approval Staff preparing background analysis for 2018 Budget deliberations.
CAO - Service Area Updates Page 25 of 77
Community and Corporate Services – Information Technology Project Policy Implications Current Project
Downtown Wireless Access Points and cameras to be reinstalled at Network Dundas intersections; additional cameras & camera relocation at: Center & Graham, Rotary Park, Market Sq, Skate Park, Conservation Park and Springside Park – Installation postponed due to inclement weather. Rescheduled for early January. Server/ Infrastructure Online Payment System – In Testing Phase upgrades Website upgrade - – Report an Issue function added to mobile site Access Control System – Phase 1 in progress Firewall Replacement – Phase 1 complete Telephone System No reported issues at this time.
Network Wide Area Network wireless upgrade complete.
Community and Corporate Services – Clerks Project Policy Implications Current Project By-laws/By-law By-law Review/Update ▪ Drafted amendment to taxi licensing by-law to Enforcement increase rates and fares (this amendment is mainly due to increase in minimum wage effective January 1, 2018.) ▪ Some by-law enforcement issues to date include: 289 requests for info./enforcement, 250 dog control complaints, 63 yard maintenance complaints, 40 grass complaints, 15 noise complaints and 22 parking complaints
Information Requests Municipal Freedom of ▪ 7 requests for information under MFIPPA Information and Protection have been processed to date in 2017. of Privacy Act (MFIPPA) Property Matters Council Direction by ▪ Processing 1 road closing request as Resolutions #318/17 & approved by Council. #319/17 & Town Road ▪ Processing 2 land sale requests Closing Policy Municipal Election 2018 Amendments to the ▪ Drafting election procedures, which are to be Municipal Elections Act completed by Dec. 31, 2017. ▪ Candidates’ Nomination Period opens May 1, 2018 and closes July 27, 2018 at 2:00 p.m.
Heritage Policies Council Direction by ▪ Drafting heritage policies with documents Resolution #97/17 Feb. 28, scheduled to come before Council in the new 2017 year. Licensing ▪ Number of marriage licences issued to date is 264, which is a significant increase over 2016. ▪ Dog licence information is now set up to be processed through the Town’s computer system, rather than having to hand write them.
CAO - Service Area Updates Page 26 of 77 Community & Corporate Services - Clerks Project Policy Implications Current Project Bill 68 Implementation Amendments to the ▪ Drafted amendments to meeting procedure Training several pieces of by-law - definition of meeting and additional legislation including the reasons to hold closed meetings. Municipal Act, Municipal Conflict of Interest Act and Municipal Elections Act Crossing Guards ▪ Filled the vacant Crossing Guard position to begin in January 2018
Community and Corporate Services – Community Programming Project Policy Implications Current Project Communities in Bloom Napanee Home Hardware donated Tulips for the volunteer gardens. CIB seminar is being rescheduled into the new year. Arts & Culture • The Committee has cancelled their December meeting. • The fall session of the Youth Basketball Youth Programming League finished Dec. 6th. The program was a success and staff are planning to implement again in 2018. • Registration and planning is underway for the 2018 Winter Break Camp coming in January. • The Afterschool Program continues to operate. • Staff will begin planning for the 2018 Summer Day Camp in January. Adult Programming • The Adult Pickleball League is in full operations on Tuesday evenings from 6pm until 8pm at Southview Public School and on Saturday mornings from 9am until 12pm at Napanee District Secondary School. • The program continues to have a good number in attendance each day. • Staff are currently working on a grant application through the Ontario Sports and Recreation Communities Fund (OSRCF), seeking grant funding to help build an outdoor pickleball court. The application is due January 16, 2018. CDAC • The committee has separated into working groups and is currently reviewing the Strategic Plan. • The next meeting will take place on January 25, 2018. Economic Development • Met with OMAFRA regarding their First Impressions program around “Local Food”. Preliminary planning is underway to participate in a Local Food Community Exchange in August 2018. Met with Green Frog (a marijuana company) and is locating on DSL land which is on the north side of Goodyear Road. Site Plan has been submitted. Will be submitting plans for a building permit this month.
CAO - Service Area Updates Page 27 of 77
Community and Corporate Services – Community Programming
Project Policy Implications Current Project
Investigating options for high speed internet for businesses located north of HWY 401 and in the Industrial Park. Met with Infrastructure Services regarding Richmond Pharm (a marijuana company) location & serving requirements in the Industrial Park. Site plan to be submitted in first part of January. Met with a company who would like to build industrial units for renting on spec in Richmond Industrial Park. Reviewing servicing requirements for the site. Softball Canada has awarded the Canadian Midget Championships to Napanee
Met with an individual who is interested in setting up a paddle board/kayak rental business on weekends at the boat ramp. Met with Loyalist College and St. Lawrence College regarding their programs and support for a business incubation program in Greater Napanee. Hometown Market • Registration will begin January 2, 2018 for the March indoor Market to be held at the Strathcona Paper Centre on Saturday, March 24, 2018 from 10am until 3pm. Community Events • Staff and volunteers are proud of another successful launch of the Big Bright Light Show. Regular maintenance and upkeep is being done on a weekly basis. We have been experiencing the worst year for vandalism with people unplugging and turning off timers on displays in the park. In addition, we are concerned that there is an electrical glitch in the new poles throughout the downtown core as the building lights are sporadically turning on and off. Staff at Infrastructure Services have been notified of our concern. • The Parade of Lights was another great event and staff thank all of the volunteers and supporters. • With the help of the Napanee District Minor Hockey Association and the Government of Canada, we hosted our Canada 150 Skate on Sunday, December 10th. We estimate 300 + participants. • Final planning is underway for our new, New Years Eve Family Dance Party event. • Staff are working with volunteers to plan the Family Day/Winter Chill Festival event schedule for February 2018.
CAO - Service Area Updates Page 28 of 77
Office of the Chief Administrative Officer – Human Resources Project Policy Implications Current Project Staffing Fire negotiations moving through arbitration process
Staffing vacancies for sick leaves created need for temporary work placements in some operating areas
Formal investigation under the Respect in the Workplace Policies has started on the third file opened in 2017. Performance Review CAO developing review criteria for January 1, 2018 HR Software Software year end being prepared for. Training Series of recent hires creating pressure on arranging initial training requirements. Reviewing training refreshers and updates for all Council Committee Members reflecting new policies being implemented. Accreditation A majority of staff have completed writing their final research papers for Municipal Management Diploma. Presentations to Council to be scheduled in early January. Job Postings/Interviews GM Emergency Services/Fire Chief hired Asistant Chief Position vacant Director of Development Services interview stage PT Planning Clerk II – posted PT Facilty Attendant - Hired
Provincial Legisaltion Analysis done on internal equity grid effects from increases to minimum wage. Costings will be calculated for 2018 budget process.
CAO - Service Area Updates Page 29 of 77
Office of the Chief Administrative Officer – Council Projects/Policy Project Policy Implications Current Project Building Safety and Council approval will be Director of Operational Audits has been tasked as Rationalization Plan required on the lead on this priority project. A review will be recommendations completed on physical safety assessments of all buildings and a complete rationalization review will be completed on all buildings based on future operating needs. Department Meetings have been held and responses received from all Departments. Data will be analized. L&A SOS 55Plus Activity L&A SOS request for in- L&A SOS 55Plus Activity Co-Ordinator made a Centre kind support for 55Plus deputation to Council on Nov. 28th. Municipal staff Activity Centre then followed up in accordance with Resolution # 516/17. A report on the subject matter will be presented at the December 19, 2017 Regular Session of Council. Energy Conservation Municipal GHG Challenge Director of Operational Audits exploring funding Fund options and consultants able to complete a Municipal Action Plan Program (MAPP). This program will help municipalities develop their community wide GHG emissions reduction plan. This is a prerequisite for eligibility for the Municipal GHG Challenge Fund. Strategic Planning Adopted CDAC has begun formal process to help provide recommendations from a Economic Development perspective of identified projects. Departments reviewing internal budget implications of plan. Tax Policy Report scheduled to come forward in January of 2018 Riverfront Festival 2018 Festival June 8-9th Mayor’s Levee Council invited to attend Mayor’s Levee to been postponed to February 2018 as a kick off to the 20th Anniversary of Greater Napanee.
Office of the Chief Administrative Officer – Police/ Police Services Board Project Policy Implications Current Project OPP Working Group Meeting held in December Announced changes to PSB could have major impacts on Greater Napanee. Act and opotential regulations discussed. Items being intergrated into taxation report.
Still developing process for Community Safety Plan. Police Services Board Police Services Board met December 14 to discuss process to replace retiring detachment commander. Also discussed changes to the PSA and regulations.
CAO - Service Area Updates Page 30 of 77
Office of the Chief Administrative Officer – Communications Project Policy Implications Current Project Internal/External Communications Intern: Communications Drafted Complaints Policy and By-law Enforcement Policy for staff review Developed and launched Communications Feedback survey to the public via print and website (survey closes Dec. 22) Met with County and Town staff and contractor representatives involved in 2018 construction of Dundas St. and will be working with County to develop Communications Strategy for the project. Began developing draft of Town Communications Strategy. Ongoing maintenance of new website and social media.
Office of the Chief Administrative Officer – Community Development Advisory Committee Project Policy Implications Current Project Developing workplan May request Councillors CDAC will spend next 3-4 meetings to develop Schenk and Kaiser to criteria to be used for assessing projects to make attend a future meeting for eventual recommendations to Council. Currently additional agricultural working in three break-out groups. Was noted input. Council representation may be requested at a couple of future meetings. Concern expressed that agricultural sector under represented currently.
Office of the Chief Administrative Officer – Community Development Committee - TransCanada Project Policy Implications Current Project Applications . 2 applications reviewed and not recommended to proceed to next phase Communications Follow up on reporting taking place for existing grant approved. Approvals No new approvals granted
CAO - Service Area Updates Page 31 of 77
Staff Report to Council
To: Mayor Schermerhorn and Members of Council
Date: December 19, 2017
Prepared By: Charles S. McDonald, Director of Operational Audits/CBO
Presented By: Charles S. McDonald, Director of Operational Audits/CBO
Re: Lennox & Addington Seniors Outreach Services - 55Plus Active Living Centre Program Expansion Funding Application - Request for Town Support
Staff Recommendation:
That the Council of The Corporation of the Town of Greater Napanee endorses the application by the Lennox & Addington Seniors Outreach Services to the Ministry of Seniors Affairs for Seniors Active Living Centres Program Expansion funding; And further that Council hereby commits to providing in-kind support to the Lennox & Addington Seniors Outreach Services, by allowing the 55Plus Activity Centre to operate their program from the municipally-owned North Fredericksburgh Hall, and that the value of this contribution would exceed the legislated funding component of a minimum 20% of the net annual costs of maintaining and operating the program. And further that Council send a formal request to the County of Lennox and Addington for $5,000 as a contribution toward the 25% usage that comes from residents of the County outside of Greater Napanee, and that money received be used to prepare the facility for occupancy in support of future Senior Social Programs.
Financial Implications The ongoing operating costs for the North Fredericksburgh Hall facility are approximately $21,000.
Accessibility Implications This report is available in an alternate format upon request. Given the continued use of the building, Lennox & Addington Seniors Outreach Services (SOS) are satisfied with the existing facilities. Information Technology Implications Information Technology was considered as part of this report.
CAO - Lennox & Addington Outreach Services - 55Plus Active Living Centre... Page 32 of 77
Energy Management Implications Energy Management was considered as part of this report. It is recommended that programmable thermostats be installed and interior lighting converted to LED.
Background Information At the November 28, 2017 Regular Session of Council, a deputation was made by the Lennox and Addington Seniors Outreach Services, 55Plus Activity Co-Ordinator. The group is applying for provincial Seniors Active Living Centres Program Expansion funding, and as a requirement of the funding, was seeking either a financial commitment or in-kind support from the Town of Greater Napanee equal to a minimum of 20% of the net annual costs of operating such a centre.
Following the deputation and the presentation of a staff report, the resolution below carried:
RESOLUTION # 516/17 Moved by: Schenk Seconded by: Kaiser That Council receive for information the Community and Corporate Services – Seniors Active Living Centres report; And further that Council defer a decision until the County of Lennox and Addington has considered the request for support of the Lennox and Addington Seniors Outreach Services 55Plus Activity Centre grant submission; And further that if the County does not provide support for the grant submission, that Town Staff provide a report to Council at the December 2017 meeting regarding which in-kind donations the Town can provide towards the 55Plus – Seniors Active Living Centre.
The subject property is commonly referred to as the North Fredericksburgh Hall and is located at 1178 County Road 8. The building was previously leased by the Lennox and Addington Resources for Children (LARC) until they vacated the premises in the fall of 2015. Since then, the hall portion (south side) has been used by Greater Napanee staff to accommodate the Day Camp programming. Currently the north side of the building is used intermittently by the Greater Napanee and Area Arts Association (GNAAA). This Association conducts art classes on site as well as their monthly business meetings.
Discussion In accordance with Resolution #516/17, the 55Plus Activity Co-Ordinator contacted the County of Lennox and Addington to request support. In response, the County deemed the program to be recreational, and therefore believes funding is the responsibility of the Municipality.
Town staff met on site with the 55Plus Activity Co-Ordinator to determine whether the hall portion (south side) of the building would meet their programming needs. The SOS representative confirmed that the space was ideal. The SOS has also been made aware
CAO - Lennox & Addington Outreach Services - 55Plus Active Living Centre... Page 33 of 77 of the shared use of the building with GNAAA and this was accepted as a positive attribute, as SOS are contemplating an arts program as well.
It is the opinion of Town staff that the following work will need to be done: ▪ the interior of the hall and the washrooms are in need of a thorough cleaning and painting; ▪ a large ornamental tree in the centre of the hall area must be removed; and ▪ remnant supplies from the Town Day Camp programming will need to be organized and stored, as it is the intention to relocate the programming. Also, the former kitchen area no longer has a cooking range or exhaust system, therefore food preparation cannot be accommodated.
As the owner of the building, the Town must ensure that strict operating protocols are implemented. Programmable thermostats should be installed and locked out so that tenants cannot make excessive adjustments to the HVAC system. Regular checks on the building should become routine. The Town will continue to be responsible for snow ploughing, grass cutting and the testing of the water quality.
Estimated costs associated with making upgrades to the building:
Painting (foyer, hallway & 2 bathrooms) $3,375 Painting (hall portion) $2,975 Converting Interior Lighting to LED $2,576 2 Programmable Thermostats Installed $300
CAO - Lennox & Addington Outreach Services - 55Plus Active Living Centre... Page 34 of 77
IBI GROUP 650 Dalton Avenue Kingston ON K7M 8N7 Canada tel 613 531 4440 fax 613 531 7789 ibigroup.com
15 December 2017
Gib Garrett Planning Clerk Town of Greater Napanee 45 Commercial Court Napanee, ON K7R 3L4
Dear Gib:
APPLICATION TO LIFT PART LOT CONTROL TURGAL (1988) INC. LOTS 42 AND 64, REGISTERED PLAN 29M-6, TOWN OF GREATER NAPANEE
An application was submitted by Turgal (1988) Inc. for the development of Part of Lots 42 and 64 on Registered Plan 29M-6 (see Figure 1). TURGAL (1988) Inc., requested the removal of Part Lot Control (Section 50 (5) of the Planning Act) from Lots 42 and 64 to permit the re-subdivision of the lot by way of Reference Plan 29R- 10509 (See Figure 2).
Lots 42 and 64 Registered Plan 29M-6 are both intended for the construction of semi-detached dwelling houses (Figure 2). For each lot, the proposed by-law will result in a total of two lots to accommodate one semi-detached dwelling unit on each of the resulting lots (Figure 1).
Official Plan
The site is designated Low Density Residential in the Town of Greater Napanee Official Plan. The proposed development is permitted. No change to the Official Plan is required.
Zoning By-Law
The lot is zoned Residential Type 4 Exception Fourteen (R4-14) Zone in By-law number 02-22 as amended. Semi-detached dwelling houses are a permitted use within the R4 zone provided the total lot area is a minimum of 465 m2 and the lot frontage is a minimum of 15.2 metres. The existing lots comply with the lot area and lot frontage provisions of the By-law
Each semi-detached dwelling unit is to have a minimum lot area of 230 m2 and a minimum lot frontage of 7.5 metres. The proposed lots comply with the lot area and lot frontage provisions of the zoning by-law.
No change to By-law 02-22 is required.
IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects
Infrastructure Services (Planning) - Application to Lift Part Lot Contro... Page 35 of 77 IBI GROUP 2
Discussion
The application allows for further development of Registered Plan number 29M-6. Each of Lots 42 and 64 will be divided so as to become two lots for the purpose of conveyance. Each lot will contain a semi-detached dwelling unit. It is noted that Lot 64 is subject to an existing easement.
The balance of the registered plan will continue to be an ongoing development for single detached dwellings, semi-detached dwellings, street front townhomes and apartments as previously approved by Council. The changes are compatible with existing development and Council approved development for the site.
Summary
TURGAL(1988) Inc., has requested that Lots 42 and 64 be exempt from Section 50(5) of the Planning Act. This exemption will allow for a semi-detached dwelling unit to be constructed on: Part 1 and Part 2 of Reference Plan 29R-10509, respectively, on Lot 42, Registered Plan 29M-6, and Part 5, and Parts 6 and 7 of Reference Plan 29R-10509, respectively, on Lot 64, Registered Plan 29M-6.
Recommendation
That the application be approved and the attached by-law be enacted by Council.
Yours truly, IBI GROUP
Mark Touw, MCIP., RPP Lesley Mushet, M.Pl. Senior Planner, Office Lead Planner
Infrastructure Services (Planning) - Application to Lift Part Lot Contro... Page 36 of 77 IBI GROUP 3
Figure 1: 29M-6 – Plan of Subdivision
Infrastructure Services (Planning) - Application to Lift Part Lot Contro... Page 37 of 77 IBI GROUP 4
Figure 2: Reference Plan 29R-10509
Infrastructure Services (Planning) - Application to Lift Part Lot Contro... Page 38 of 77 i) CLL
2-4. GRA V & ASSOCIATES PJ?0FESS1UJM IL CURP0k1 1 TION Ituii.fers & Soticitors Tc’Ic’phoizc’ (91)5., —Ts Liii! 37 f’ix (9115 1-7 1, ill Zen wer Boulcuvnvl J41 ISG1L1N. Ontario L4H 3119 Reply 10: Robr:i J. Gr Asiskfii1: 5/sm %y
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lown ci C rater Napance 1)eveIcpmeIil Services Department 12 Market Suuate
NaIncL’ Ontario \7R iki
!\ttention: (hb (larreit. Piannine._Clerk
Dear Sirs:
Re: TURGAL. (1988) INC. — Application for Part Lot Control B—Law Lots 42, 64 ad, Ptaii 29M—6, Town of Greater Napanee, County Di Lennox & Addington L C e5
We are the solici[ors idr Tureal (1988)1cc. with nrspect to the above-noted matter.
Wc arc. Cu cal iy requesting to commence proceedings to apply Cr a Part Lot Control I v- :a Cr the ahove-rcirenced Lots.
\V conlirin that you advised us hat Mr. Nick Yrbos Iits dehverea to On the reuisierc.Divrc:ee Plan and a Stirvevors Real Property Report.
We contirm that we have been advised by Mr. Nick Vrhos that all required fl.es have bee laid.
Please advise us ci the date oF the council meeting when this matter will he heard. Also. x anal von k mdlv advise our clime once the by—law has been registered.
Thank you Cr your assistance in this matter.
Yours very truly GRAY & ASSOCiATES PROFV.SSQNA I, CORPORAIION
iObett J. Gray /ie I/ntis. cc, ‘Furgal (1988) Inc.
Infrastructure Services (Planning) - Application to Lift Part Lot Contro... Page 39 of 77
Staff Report to Council
To: Mayor Schermerhorn and Members of Council
Date: December 19, 2017
Prepared by: Lyndsay Tee, Economic Development Coordinator
Presented by: James Timlin, G. M. of Community & Corporate Services
Re: Community & Corporate Services - Hall Rental Request
Staff Recommendation: That Council receive for information the Hall Rental Request report; and further that Council approve:
• one free week-day rental of the Lafarge Banquet Hall at the Strathcona Paper Centre to Ms. Barb Sokil; • to be used during the month of March 2018 to host an Information Fair connecting parents of children with disabilities to services, agencies and support networks; • agreeing that the free hall rental would be covered under the Town’s insurance policy.
Financial Implications: Upon review, there are no financial implications.
Accessibility Implications: This report may be available in alternate format upon request.
Information Technology Implications: Upon review, there are no information technology implications.
Energy Management Implications: Upon review, there are no energy management implications.
Background Information: Ms. Barb Sokil contacted staff at the Department of Community and Corporate Services seeking support in the form of a free hall rental to host an Information Fair for parents of children with disabilities.
Community & Corporate Services - Hall Rental Request Page 40 of 77 Barb expressed her frustrations as a parent and explained how hard she finds it to access information regarding services, support networks, programs and aids available to families with children with disabilities in our area. She feels that others in our community may have the same struggles and wants to help bridge the gap and open lines of communication.
Her goal is to host an Information Fair with vendors/agencies from the KFLA area including but not limited to financial support and grant agencies, independent living, accessible activities, programming and camps. The Fair would be free for the vendors/agencies as well as the public to attend.
Community & Corporate Services - Hall Rental Request Page 41 of 77
Staff Report to Council
To: Mayor Schermerhorn and Members of Council
Date: December 15, 2017
Prepared by: Lyndsay Tee, Economic Development Coordinator
Presented by: James Timlin, G. M. of Community & Corporate Services
Re: Parade of Lights, Santa Claus Float
Staff Recommendation: That Council receive for information the Parade of Lights, Santa Claus Float report; and further that Council approve:
The purchase of the Santa Claus float for a total cost of $8,295.13 of which $4,000.00 be paid from the 2017 Public Celebrations Budget and the remaining $4,295.13 be paid from the 2017 Capital Reserves Budget.
Financial Implications:
Approval of this purchase will have a financial impact of $8,295.13 on the Municipality. The financial impact will be split between the 2017 Public Celebrations Budget and the Capital Reserves Budget. This expense will not implicate the 2018 budget.
Accessibility Implications: This report may be available in alternate format upon request.
Information Technology Implications: Upon review, there are no information technology implications.
Energy Management Implications: Upon review, there are no energy management implications.
Background Information: In 2014 Mr. Hunt, his family and the team at Shelin Pools/Freshcrete very generously offered the Town a four-year deal to construct, store, and pull a top-notch Santa Claus
Community & Corporate Services - Parade of Lights Santa Claus Float Page 42 of 77 Float for our yearly Parade of Lights. He worked with Town staff and volunteers to construct the float which is now known as one of the best Santa Claus Floats around and has contributed to the success and appeal of our Parade. Mr. Hunt donated supplies, materials and his time constructing the float which we have been very fortunate to use. In addition to his donation of time and materials, Mr. Hunt has also very kindly pulled the float in the Parade and stored it from year to year, ensuring the display remain untouched and in great condition for its yearly showcase. As a result, he has given up the use of his trailer and the large enclosed storage space which it occupied for 12 months of the year for the past 4 years.
With the 4-year agreement now complete, Mr. Hunt has offered the Town to purchase the float (trailer and all the decorations included) for a cost of $8,295.13. Based on a review of similar sized trailers coming in around $10,000.00, staff are recommending Council support the purchase. The cost would be divided with $4,000.00 coming from the 2017 Public Celebrations Budget and the remaining $4,295.13 coming from the 2017 Capital Reserve Budget.
To start from scratch and re-build the float, staff estimate that it would cost approximately $11,500.00. This is based on the cost of a $10,000 trailer and $1,500 in plywood, lumber, paint, small materials and decorations. In addition, we estimate that it would take a minimum of two weeks to re-build, pending a minimum of four staff working on the project. Staff feel that it may be hard to not only locate a float of similar size, but to re-create the amazing display that we have been fortunate enough to use over the past four years. It would require utilizing staff from various departments, pulling people from their regular duties and tasks.
Upon purchase, Mr. Hunt has kindly offered to store the float for the 2018 summer months, allowing the municipality time to determine the best suitable location to store it internally. In addition, arrangements have been made with Titanium Transportation Group Inc. to pull the float in 2018. Upon approval of purchase, staff hope to secure a commitment with Titanium Transportation Group Inc. to pull the float for a 4- year term.
Community & Corporate Services - Parade of Lights Santa Claus Float Page 43 of 77
Staff Report to Council
To: Mayor Schermerhorn and Members of Council
Date: December 19, 2017
Prepared By: Susan Beckel, Clerk
Presented By: Susan Beckel, Clerk Re: Community & Corporate Services - Request to Transfer Town Land adjacent to 9589 Loyalist Parkway
Staff Recommendation: That the Council of The Corporation of the Town of Greater Napanee receive for information the Community & Corporate Services - Request to Transfer Town Land adjacent to 9589 Loyalist Parkway report; And further that Council approve the following: (i) That the parcel of land being Part of Lot 11, Concession 1 Fredericksburgh Additional, being PIN 45105-0031, be declared surplus to the Town’s needs, appraised and transferred to the property owners of the adjacent property to the east, being PIN 45105-0025. (ii) That the sale price of the land be $2.00. (iii) That all associated costs of this land transfer be assumed by the Town of Greater Napanee. (iv) That the Mayor and Clerk execute, on behalf of The Corporation of the Town of Greater Napanee, all required documents related to this land conveyance.
Financial Implications: If Council agrees with the recommendation to transfer this parcel of land, staff further recommend that the Town assume all associated costs.
Accessibility Implications: This report may be available in alternate format upon request.
Information Technology Implications: Upon review, there are no information technology implications.
Energy Management Implications: Upon review, there are no energy management implications.
Community & Corporate Services - Request to Transfer Town Land adjacent ...Page 44 of 77 Background Information: The Town has received a request from the solicitor representing the property owners at 9589 Loyalist Parkway, requesting that the Town deed an adjacent parcel of land, being a 13-foot strip of land on the western edge of the property, to his clients. This parcel of land was deeded to the Township of South Fredericksburgh in 1977; however, subsequent deeds refer to the property at 9589 Loyalist Parkway as being all of Part 1 on the Reference Plan 29R-1156 (see attached), which includes this 13-foot strip of Town land. This may have occurred at the time the property was surveyed.
Discussion: The best method of rectifying this matter for the adjacent property owners would be to transfer the property to them. Town staff from Infrastructure Services, Planning and Clerks departments have reviewed the request, and have determined that the piece of property has no value to the Town. Staff therefore recommend that Part of Lot 11, Concession 1 Fredericksburgh Additional, being PIN 45105-0031, be declared surplus to the Town’s needs, appraised and transferred to the property owners of the adjacent property immediately to the east, being PIN 45105-0025, as per the request. Staff further recommends that the Town assume the associated costs of this land transfer.
Community & Corporate Services - Request to Transfer Town Land adjacent ...Page 45 of 77 Community & Corporate Services - Request to Transfer Town Land adjacent ...Page 46 of 77 Community & Corporate Services - Request to Transfer Town Land adjacent ...Page 47 of 77 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NO. 2017-0060
A By-law to Constitute and Appoint a Committee of Adjustment for the Period of January 1, 2018 to November 30, 2018
WHEREAS pursuant to Section 44(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended, (the “Planning Act”) the council of a municipality may by by-law constitute and appoint a committee of adjustment for the municipality composed of such persons, not fewer than three, as the council considers advisable;
AND WHEREAS pursuant to Section 44(3) of the Planning Act the members of the committee who are members of a municipal council shall be appointed annually;
AND WHEREAS pursuant to Section 45(1) of the Planning Act, the committee of adjustment, upon the application of the owner of any land, building or structure affected by any by-law that is passed under section 34 or 38, or a predecessor of such sections, or any person authorized in writing by the owner, may, despite any other Act, authorize such minor variance from the provisions of the by-law, in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure, if in the opinion of the committee the general intent and purpose of the by-law and of the official plan, if any, are maintained;
AND WHEREAS pursuant to Section 45(3) of the Planning Act the Council may by by-law empower the committee of adjustment to grant minor variances from the provisions of any by-law of the municipality that implements an official plan, or from such by-laws of the municipality as are specified and that implement an official plan, and when a committee of adjustment is so empowered subsection (1) applies with necessary modifications;
AND WHEREAS pursuant to Section 54(1) of the Planning Act, the Council of the County of Lennox and Addington passed a by-law at a meeting held on November 26th, 1997, delegating consent granting authority to the Town of Greater Napanee;
AND WHEREAS pursuant to Section 54(2) of the Planning Act, where authority is delegated to a council under subsection (1), such council may, in turn, by by-law, delegate the authority or any part of such authority, to a committee of adjustment;
AND WHEREAS the Council of The Corporation of the Town of Greater Napanee deems it expedient to constitute and appoint a Committee of Adjustment from January 1, 2018 to November 30, 2018;
NOW THEREFORE the Council of The Corporation of the Town of Greater Napanee enacts as follows:
By-law No. 2017-0060 - To Appoint and Constitute a Committee of Adjustme... Page 48 of 77
By-law No. 2017-0060 - To Constitute and Appoint Committee of Adjustment for 2018 Page 2 of 2
1. That the Committee of Adjustment for The Corporation of the Town of Greater Napanee is hereby constituted and the following persons, all of whom are members of Council, are hereby appointed as its members for the period of January 1, 2018 to November 30, 2018. (i) Mayor Gordon Schermerhorn (ii) Deputy Mayor Marg Isbester (iii) Councillor Michael Schenk (iv) Councillor Max Kaiser (v) Councillor Roger Cole (vi) Councillor Carol Harvey (vii) Councillor Shaune Lucas
2. That the Committee of Adjustment shall be hereby empowered with the authority: (i) to grant consents; and (ii) to grant minor variances from the provisions of any by-law of the municipality that implements an official plan.
3. That the Clerk of the Town of Greater Napanee is hereby appointed as the Secretary-Treasurer of the Committee of Adjustment. The Clerk may delegate to any employee of the Town of Greater Napanee all, or a portion of, the duties of Secretary-Treasurer of the Committee of Adjustment.
4. That the Planning Clerks and the Administrative Assistant of the Infrastructure Services Department of the Town of Greater Napanee are hereby appointed as Officials of the Committee of Adjustment for the purposes of administration of the Committee of Adjustment, including preparing notices as required under the Planning Act, providing Certificates of Official for consents, receiving appeals, compiling and filing information with the Ontario Municipal Board related to appeals and, upon approval, acting as a Commissioner of Oath for applications under the Planning Act.
5. That all previous by-laws that conflict with the provisions of this by-law shall be hereby repealed.
6. That this by-law shall come into force and take effect on the date of final passing.
Read a first and second time and finally passed this 19th day of December, 2017.
______Gordon Schermerhorn, Mayor Susan Beckel, Clerk
By-law No. 2017-0060 - To Appoint and Constitute a Committee of Adjustme... Page 49 of 77 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NO. 2017-0061
Being a By-law to Appoint a General Manager-Emergency Services/Fire Chief
WHEREAS the Council of the Town of Greater Napanee is empowered by the Municipal Act, S.O. 2001, c. 25, Section 8 and the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, Section 6 to appoint a Fire Chief;
AND WHEREAS the Council of the Town of Greater Napanee deems it expedient to appoint a General Manager-Emergency Services/Fire Chief;
NOW THEREFORE, the Council of the Corporation of the Town of Greater Napanee enacts as follows:
1. That Robert (Rob) Serson be hereby appointed as General Manager-Emergency Services/Fire Chief for the Town of Greater Napanee effective December 19, 2017.
2. That Robert (Rob) Serson shall exercise all the authority, powers and rights as per applicable provincial legislation and municipal by-laws, and shall perform all the duties as outlined in the Job Description attached hereto as Schedule “A” and forming part of this by-law.
3. That By-law No. 2017-0046 and any by-law or part thereof previously passed that conflicts with this by-law shall be hereby repealed.
4. That this By-law shall take effect on the date of final passing.
Read a first and second time and finally passed this 19th day of December, 2017.
Gordon Schermerhorn, Mayor
Susan Beckel, Clerk
By-law No. 2017-0061 - To Appoint a General Manager Emergency Services/F...Page 50 of 77 By-law No. 2017-0061 - To Appoint a General Manager Emergency Services/F...Page 51 of 77 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NO. 2017-0062
A By-law to Amend By-law No. 2011-06, as amended (A By-law to License, Regulate and Govern Taxicab Owners and Drivers)
WHEREAS the Council of the Corporation of the Town of Greater Napanee passed By- law No. 2011-06 on January 25, 2011 to license, regulate and govern taxicab owners and drivers;
AND WHEREAS the Council of the Corporation of the Town of Greater Napanee has passed the following amendments to By-law No. 2011-06: (i) By-law No. 2011-35 on May 24, 2011; (ii) By-law No. 2012-51 on November 27, 2012; and (iii) By-law No. 2014-0037 on June 10, 2014;
AND WHEREAS the Council of the Corporation of the Town of Greater Napanee deems it expedient to amend Schedule “B” to By-law No. 2011-06, as amended to increase the taxi rates and fares;
AND WHEREAS public notice has been provided as required regarding the increase to the taxi rates and fares;
NOW THEREFORE the Council of The Corporation of the Town of Greater Napanee enacts as follows:
1. That Schedule “B” of By-law No. 2011-06 as amended, being taxi rates and fares, be and is hereby amended by deleting said Schedule “B” and replacing it with the Schedule “B” and “B-1” attached hereto and forming part of the by-law.
2. That this by-law shall come into force and take effect on the date of final passing.
Read a first and second time and finally passed this 19th day of December, 2017.
______Gordon Schermerhorn, Mayor Susan Beckel, Clerk
By-law No. 2017-0062 - To Amend By-law No. 2011-06 (A by-law to license,... Page 52 of 77 THE CORPORATION OF THE TOWN OF GREATER NAPANEE SCHEDULE “B” TO BY-LAW NO. 2011-06, AS AMENDED TAXI RATES AND FARES
1. Every Licensed Taxicab Driver shall only charge a rate or fare for the conveyance of goods or passengers within the limits of the Town of Greater Napanee in accordance with the following:
Current Rate Type of Taxi Fare (Prices include HST) Set rate anywhere within the $12.00 Urban Area Set rate anywhere within the Urban Area (Seniors Only - 65 $11.00 yrs. and older) Rate for beyond the Urban Area (if not included in $2.25/km Schedule B-1) Stops during trip or for loading $4.00 for every 5 minutes or unloading in excess of 5 stopped minutes Other Waiting $54.00/hour The regular passenger fare Delivery Calls plus the $4.00 stop fee.
2. In accordance with the Accessibility for Ontarians with Disabilities Act (AODA), 2005 and Ontario Regulation 191/11- Integrated Accessibility Standards, owners and drivers of Taxicabs are hereby prohibited; (a) from charging a higher fare or an additional fee for persons with disabilities than for persons without disabilities for the same trip; and (b) from charging a fee for the storage of mobility aids or mobility assistive devices. 3. Every Taxicab Driver licensed under this by-law shall compute the rate or fare as set out in this Schedule “B” or Schedule “B-1” from the time of the engagement of the Taxicab to the time the goods or passengers are discharged from the Taxicab. As per Section 1.1 of this by-law, “Senior” shall mean an individual 65 years of age and older.
By-law No. 2017-0062 - To Amend By-law No. 2011-06 (A by-law to license,... Page 53 of 77 Schedule "B-1" - Taxi Fares Set Destination Taxi Fare A Adolphustown $60.00 Amherst Island Ferry $48.00 Amherstview $56.00 Arden $102.00 Airport Road - Selby $24.00 Airport Road - Deseronto $35.00
B Bath $40.00 Bath - Meadows $40.00 Barker Sd Rd $18.00 Basscove $54.00 Bayshore Rd Sub. - Deseronto $30.00 Bayshore Rd & Hwy 49 $30.00 Bayshore Rd 185 $26.00 Beechwood Rd $18.00 Beaver Lake $56.00 Belleville $81.00 Belleville Rd #695 - across from boundry $23.00 Belleville Rd #1293 $17.00 Belleville Rd #1339 $18.00 Belleville Rd #1483 $19.00 Benn's Point Rd $30.00 Blessington Store $56.00 Bible College Deseronto - Kingston $111.00 Big Creek St - 3275 $23.00 Brick & Tile $13.00 Brandon Road $22.00 Brady Road $22.00 Brady Road - #550 $25.00 Bethal Street $34.00 Bridge St W #793 $13.00 Bridge St W #1499 $17.00 Brighten $108.00 Brockville $234.00 Boundry Road Deseronto $23.00
C Callahan Road $25.00 Campbellford $138.00 Carlton Place $228.00 Cataraqui Town Centre $81.00 Camden East $30.00
By-law No. 2017-0062 - To Amend By-law No. 2011-06 (A by-law to license,... Page 54 of 77 Set Destination Taxi Fare Camden East - Odessa $47.00 Camden East - Kingston $90.00 Centreville $40.00 Cloyne $116.00 Corbyville $81.00 Colebrook $40.00 Chambers Road $23.00 Clara Road $30.00 Collins Bay $72.00 County Rd #2 #7685 $16.00 County Rd #2 #7092 $22.00 County Road #8 #4941 $49.00 County Road #22 $31.00 Conway $54.00 Craigen Road $25.00 Croyden $48.00
D Dafoe Rd $54.00 Daly Road - North of Marysville $47.00 Dewey Road - North of Newburgh $40.00 Denbigh $216.00 Denridge Road - North of Selby $22.00 Drive In Road - Trailer Park $13.00 Drive In Road #597 $17.00 Drive In Road - the end at Beechwood $22.00 Dollar Cres $13.00 Dorland $53.00 Deseronto $24.00 Deseronto - Band office $36.00 Deseronto - Elderslodge $27.00 Deseronto - Huron Brant $28.00 Deseronto - Upper Slash Rd $32.00 Deseronto - Bible College $34.00 Deseronto - Airport Rd $38.00 Deseronto - Belleville $81.00 Deseronto - Kingston $105.00 Deseronto - Flinton $136.00 Dump on Beechwood Road $26.00
E Enterprise $61.00 Erinsville $61.00 Enroute 401 - Camden East $30.00 Enright Rd $54.00
By-law No. 2017-0062 - To Amend By-law No. 2011-06 (A by-law to license,... Page 55 of 77 Set Destination Taxi Fare F Flannigan Road $61.00 Flinton $112.00 Fifth Deepo Lake $102.00 Forrest Mills $31.00 Fred Brown Rd $30.00 Friendly Manor Nursing Home - Deseronto $23.00 Frisk Rd $14.00 Frizzell Road $40.00 Foxboro $94.00 Fitchett Rd $23.00 Fralick Rd $22.00
G Galt St $26.00 Gananoque $138.00 Gerow Rd $17.00 Glenburnie $84.00 Godfrey $108.00 Goodyear Road $17.00 Goodyear Plant $19.00 Gore Road $56.00
H Harrowsmith $74.00 Herrington off Drive In Rd $18.00 Holden Rd off Hwy 41 $40.00 Huron St - off Newburgh Rd $14.00 Huych Rd $26.00 Hwy 2 & Hwy 49 $30.00 Hydro Plant (Lennox Generating Station) $40.00
J Johnson Sd Road - off Beechwood Rd $24.00 Joyce Road - North of Selby $24.00 Joyceville $96.00
K Kaladar $96.00 Kaiser Farms - Hay Bay $40.00 Kimmett Side Road - off VanLuven $17.00 Kingston Stables - Hwy 502 $17.00 Kingston $81.00 Kingston Canadian Forces Base $88.00 Kingston Bus or Train Station $81.00
By-law No. 2017-0062 - To Amend By-law No. 2011-06 (A by-law to license,... Page 56 of 77 Set Destination Taxi Fare Kingsford $41.00 Kitchener $725.00
L Lennox Snow Fence $18.00 Little Creek Street & Cty Rd 8 $17.00 Little Creek Street #485 $16.00 Lonsdale - via Selby $38.00 Lower Slash Rd & Deseronto Boundry Road $25.00 Lower Slash - # 242 $40.00
M Madoc $138.00 Marlbank $56.00 Marysville $34.00 Mazinaw $126.00 Meech Road off Hwy #41 $22.00 Masterson's Motel $13.00 McIntyre Rd $34.00 Minks Bridge on Newburgh Road $17.00 Mohawk Trailer Park - Deseronto $23.00 Morven $22.00 Moscow $56.00 Mowbray off Hwy 502 $28.00 Meech Road #294 $25.00 McCullough Road $47.00 McKnight Road $24.00 Melrose $55.00 Millhaven $46.00
N Newburgh $23.00 Newburgh Road - #1097 - 1317 $16.00 Newburgh Road - #1408 $17.00 North of Newburgh - Hinchey St $23.00 Newburgh - Martin Road $25.00 Newburgh - Nugent Road $27.00 Newburgh - Hunt Road $34.00 Newburgh - Hinch St $31.00 Newburgh - McGill St $34.00 Newburgh Rd Subdivision $17.00 North Bay $810.00 Northbrook $105.00 North Fork Road $17.00 Northport $54.00
By-law No. 2017-0062 - To Amend By-law No. 2011-06 (A by-law to license,... Page 57 of 77 Set Destination Taxi Fare Norway Side Road $40.00
O Oakville $780.00 Odessa $40.00 Old Millhaven Road $40.00 Oliver Side Road $19.00 Oshawa $360.00 Ottawa $600.00
P Parkview Hill Subdivision - off Newburgh Rd $14.00 Palace Rd - Elliotts $13.00 Palace Rd - Paulridge Berry Farm $19.00 Parham $144.00 Perfect Vue Resort $40.00 Peterborough $360.00 Petawawa $600.00 Petworth $48.00 Pickerel Park $48.00 Picton $81.00 Pointe Anne $62.00 Port Hope $258.00 Portland $174.00 Perry Road $25.00
R Rees Road Odessa $42.00 Reid - North of Marysville $61.00 Rescola $56.00 Ridge Road off Cty Rd 8 $23.00 Riverview $12.00 Roblin $35.00 Roblin Hwy 41 #3876 $40.00 Royal Coachman $14.00 Roslin - North of Shannonville $68.00 Russell St $12.00 River Road -#132 $12.00 River Road -#187 $13.00 River Road - #269 $13.00 River Road - #424 $15.00 Rankins Corners $17.00 River Road - #806-1140 $18.00 River Road - Hydro Towers $18.00 River Road - #1642 $23.00
By-law No. 2017-0062 - To Amend By-law No. 2011-06 (A by-law to license,... Page 58 of 77 Set Destination Taxi Fare River Road - #1999-2027 $27.00 River Road - #2960-2999 $31.00 River Road - #3292 $32.00 Abrams Road $32.00 Hambly Road $22.00 DoverHill $27.00 Huff Road $34.00 Hickory Lane $40.00 Sherman's Point $40.00 Southside Cty Rd 9 - Hambly $25.00 Hay Bay Get Away $32.00 Fred Holmes #5705 $31.00 Ruth's Lane $60.00
S Sandhill $15.00 Sandhurst $54.00 Sharbot Lake $156.00 Shannonville $48.00 Shannonville Rd $94.00 Sharpe's Corners $25.00 Sharpe Road - Morven $22.00 Shorey Road - off Palace Road $22.00 Seeley's Bay $126.00 Selby $19.00 Selby - County Road #11 - #3020 $25.00 Skyway Bridge - Deseronto $36.00 Sillsville $40.00 Simmons Road $40.00 Smoking Joe's Hwy #2 $56.00 South Fred Community Hall $31.00 Southwood Cres $14.00 St Catherines $780.00 Sterling $120.00 Stocco $81.00 Storey St $25.00 Storm's Corners $27.00 Strathcona $19.00 Sunset Oaks $54.00 Switzerville & Hwy #2 $14.00 Switzerville Road - #3197 $16.00 Switzerville Rd - #401 $22.00 Sydenham $81.00
By-law No. 2017-0062 - To Amend By-law No. 2011-06 (A by-law to license,... Page 59 of 77 Set Destination Taxi Fare T Tamworth $56.00 Trailer Park - off Kimmett Sd Rd $17.00 Trenton $94.00 Trenton - Airport $88.00 Toronto $570.00 Toronto Airport $624.00 Townline Road $22.00 Tweed $90.00 Tesky Road $49.00
U UTDC - Bombardier $43.00 Ungers Island $23.00
V Varty Lake $56.00 Verona $90.00 Vent Rd $22.00 Violet $30.00 VanLuven Rd $14.00 VanLuven Rd over the Bridge $16.00 VanLuven Road # 195 $17.00
W Wagerville $112.00 WaterCombe Rd $32.00 Washburn $120.00 Wellington $96.00 Westbrook $55.00 Westplain $48.00 Wilton $48.00 Wilton - Nursing Home $54.00 Woodcock St $21.00 Wellness in the Woods $17.00 Withers Road $35.00 Wymans Road $40.00
Y Yarker $40.00 Yonkers Apt. - off Kimmett Sd Rd $17.00
By-law No. 2017-0062 - To Amend By-law No. 2011-06 (A by-law to license,... Page 60 of 77 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NO. 2017-0063
A By-law to Amend By-law No. 2008-58 (A by-law to govern the calling, place and proceedings of Council and Committees of Council and the conduct of its Members)
WHEREAS the Council of the Corporation of the Town of Greater Napanee passed By- law No. 2008-58 on December 16, 2008 to govern the calling, place and proceedings of Council and Committees of Council and the conduct of its Members;
AND WHEREAS the Council of The Corporation of the Town of Greater Napanee deems it expedient to amend By-law No. 2008-58 due to Bill 68 amendments to the Municipal Act, 2001, S.O. 2001, c. 25;
AND WHEREAS public notice regarding the amendments has been provided as required;
NOW THEREFORE the Council of The Corporation of the Town of Greater Napanee enacts as following amendments to By-law No. 2008-58:
1. That Part 1.1(8), the definition of meeting, shall be deleted and replaced with the following definition:
“Meeting” means any regular, special or other meeting of a council, of a local board or of a committee of either of them, where, (a) a quorum of members is present, and (b) members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee.
2. That Part 4.5 - Closed Council Meetings shall be amended by adding the following subject matters for which a closed Council meeting may be held: (j) Information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them. (k) A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons or organization.
By-law No. 2017-0063 - To Amend By-law No. 2008-58 (A by-law to govern t... Page 61 of 77 Town of Greater Napanee By-law No. 2017-0063 – To Amend Procedure By-law No. 2008-58 December 19, 2017 Page 2 of 2
(l) A trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; (m) 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. 3. That these amendments to By-law No. 2008-58 shall take effect on January 1, 2018.
4. That this by-law shall come into force and take effect on the date of final passing.
Read a first and second time and finally passed this 19th day of December, 2017.
Gordon Schermerhorn, Mayor
Susan Beckel, Clerk
By-law No. 2017-0063 - To Amend By-law No. 2008-58 (A by-law to govern t... Page 62 of 77
THE CORPORATION OF THE TOWN OF GREATER NAPANEE
BY-LAW NUMBER 2017-0064
A BY-LAW TO AUTHORIZE A FRANCHISE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF GREATER NAPANEE and UNION GAS LIMITED
WHEREAS the Council of the Corporation of the Town of Greater Napanee deems it expedient to enter into the attached franchise agreement (the "Franchise Agreement") with Union Gas Limited;
AND WHEREAS the Ontario Energy Board by its Order issued pursuant to The Municipal Franchises Act on the day of , 20 has approved the terms and conditions upon which and the period for which the franchise provided in the Franchise Agreement is proposed to be granted, and has declared and directed that the assent of the municipal electors in respect of this By-Law is not necessary:
NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows:
1. THAT the Franchise Agreement between the Corporation of the Town of Greater Napanee and Union Gas Limited attached hereto and forming part of this by-law, is hereby authorized and the franchise provided for therein is hereby granted.
2. THAT the Mayor and Clerk be and they are hereby authorized and instructed on behalf of the Corporation of the Town of Greater Napanee to enter into and execute under its corporate seal and deliver the Franchise Agreement, which is hereby incorporated into and forming part of this By-Law.
3. THAT the following by-law be and the same is hereby repealed:
By-law #98-81 for The Corporation of the Town of Greater Napanee, passed in Council on the 25th day of May, 1998;
4. THAT this by-law shall come into force and take effect as of the final passing thereof.
Read a first time this 19th day of December, 2017.
Read a second time this 19th day of December, 2017.
Read a third time and finally passed this day of , 2017.
THE CORPORATION OF THE TOWN OF GREATER NAPANEE
Gordon Schermerhorn, Mayor
Susan Beckel, Clerk
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THIS AGREEMENT effective this day of , 20
BETWEEN:
THE CORPORATION OF THE TOWN OF GREATER NAPANEE
hereinafter called the "Corporation"
- and -
LIMITED
hereinafter called the "Gas Company"
WHEREAS the Gas Company desires to distribute, store and transmit gas in the Municipality upon the terms and conditions of this Agreement;
AND WHEREAS by by-law passed by the Council of the Corporation (the "By-law"), the duly authorized officers have been authorized and directed to execute this Agreement on behalf of the Corporation;
THEREFORE the Corporation and the Gas Company agree as follows:
Part I - Definitions
1. In this Agreement
(a) “decommissioned" and "decommissions" when used in connection with parts of the gas system, mean any parts of the gas system taken out of active use and purged in accordance with the applicable CSA standards and in no way affects the use of the term 'abandoned' pipeline for the purposes of the Assessment Act;
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(b) “Engineer/Road Superintendent" means the most senior individual employed by the Corporation with responsibilities for highways within the Municipality or the person designated by such senior employee or such other person as may from time to time be designated by the Council of the Corporation;
(c) "gas" means natural gas, manufactured gas, synthetic natural gas, liquefied petroleum gas or propane-air gas, or a mixture of any of them, but does not include a liquefied petroleum gas that is distributed by means other than a pipeline;
(d) "gas system" means such mains, plants, pipes, conduits, services, valves, regulators, curb boxes, stations, drips or such other equipment as the Gas Company may require or deem desirable for the distribution, storage and transmission of gas in or through the Municipality;
(e) "highway" means all common and public highways and shall include any bridge, viaduct or structure forming part of a highway, and any public square, road allowance or walkway and shall include not only the travelled portion of such highway, but also ditches, driveways, sidewalks, and sodded areas forming part of the road allowance now or at any time during the term hereof under the jurisdiction of the Corporation;
(f) "Model Franchise Agreement" means the form of agreement which the Ontario Energy Board uses as a standard when considering applications under the Municipal Franchises Act. The Model Franchise Agreement may be changed from time to time by the Ontario Energy Board;
(g) "Municipality" means the territorial limits of the Corporation on the date when this Agreement takes effect, and any territory which may thereafter be brought within the jurisdiction of the Corporation;
(h) "Plan" means the plan described in Paragraph 5 of this Agreement required to be filed by the Gas Company with the Engineer/Road Superintendent prior to commencement of work on the gas system; and
(i) whenever the singular, masculine or feminine is used in this Agreement, it shall be considered as if the plural, feminine or masculine has been used where the context of the Agreement so requires.
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Part II - Rights Granted
2. To provide gas service
The consent of the Corporation is hereby given and granted to the Gas Company to distribute, store and transmit gas in and through the Municipality to the Corporation and to the inhabitants of the Municipality.
3. To Use Highways
Subject to the terms and conditions of this Agreement the consent of the Corporation is hereby given and granted to the Gas Company to enter upon all highways now or at any time hereafter under the jurisdiction of the Corporation and to lay, construct, maintain, replace, remove, operate and repair a gas system for the distribution, storage and transmission of gas in and through the Municipality.
4. Duration of Agreement and Renewal Procedures
(a) If the Corporation has not previously received gas distribution services, the rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law.
or
(b) If the Corporation has previously received gas distribution services, the rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law provided that, if during the 20 year term of this Agreement, the Model Franchise Agreement is changed, then on the 7th anniversary and on the 14th anniversary of the date of the passing of the By- law, this Agreement shall be deemed to be amended to incorporate any changes in the Model Franchise Agreement in effect on such anniversary dates. Such deemed amendments shall not apply to alter the 20 year term.
(c) At any time within two years prior to the expiration of this Agreement, either party may give notice to the other that it desires to enter into negotiations for a renewed franchise upon such terms and conditions as may be agreed upon. Until such renewal has been settled, the terms and conditions of this Agreement shall continue, notwithstanding the expiration of this Agreement. This shall not preclude either party from applying to the Ontario Energy Board for a renewal of the Agreement pursuant to section 10 of the Municipal Franchises Act.
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Part III – Conditions
5. Approval of Construction
(a) The Gas Company shall not undertake any excavation, opening or work which will disturb or interfere with the surface of the travelled portion of any highway unless a permit therefore has first been obtained from the Engineer/Road Superintendent and all work done by the Gas Company shall be to his satisfaction.
(b) Prior to the commencement of work on the gas system, or any extensions or changes to it (except service laterals which do not interfere with municipal works in the highway), the Gas Company shall file with the Engineer/Road Superintendent a Plan, satisfactory to the Engineer/Road Superintendent, drawn to scale and of sufficient detail considering the complexity of the specific locations involved, showing the highways in which it proposes to lay its gas system and the particular parts thereof it proposes to occupy.
(c) The Plan filed by the Gas Company shall include geodetic information for a particular location:
(i) where circumstances are complex, in order to facilitate known projects, including projects which are reasonably anticipated by the Engineer/Road Superintendent, or
(ii) when requested, where the Corporation has geodetic information for its own services and all others at the same location.
(d) The Engineer/Road Superintendent may require sections of the gas system to be laid at greater depth than required by the latest CSA standard for gas pipeline systems to facilitate known projects or to correct known highway deficiencies.
(e) Prior to the commencement of work on the gas system, the Engineer/Road Superintendent must approve the location of the work as shown on the Plan filed by the Gas Company, the timing of the work and any terms and conditions relating to the installation of the work.
(f) In addition to the requirements of this Agreement, if the Gas Company proposes to affix any part of the gas system to a bridge, viaduct or other structure, if the Engineer/Road Superintendent approves this proposal, he may require the Gas Company to comply with special conditions or to enter into a separate agreement as a condition of the approval of this part of the construction of the gas system.
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(g) Where the gas system may affect a municipal drain, the Gas Company shall also file a copy of the Plan with the Corporation's Drainage Superintendent for purposes of the Drainage Act, or such other person designated by the Corporation as responsible for the drain.
(h) The Gas Company shall not deviate from the approved location for any part of the gas system unless the prior approval of the Engineer/Road Superintendent to do so is received.
(i) The Engineer/Road Superintendent's approval, where required throughout this Paragraph, shall not be unreasonably withheld.
(j) The approval of the Engineer/Road Superintendent is not a representation or warranty as to the state of repair of the highway or the suitability of the highway for the gas system.
6. As Built Drawings
The Gas Company shall, within six months of completing the installation of any part of the gas system, provide two copies of "as built" drawings to the Engineer/Road Superintendent. These drawings must be sufficient to accurately establish the location, depth (measurement between the top of the gas system and the ground surface at the time of installation) and distance of the gas system. The "as built" drawings shall be of the same quality as the Plan and, if the approved pre- construction plan included elevations that were geodetically referenced, the "as built" drawings shall similarly include elevations that are geodetically referenced. Upon the request of the Engineer/Road Superintendent, the Gas Company shall provide one copy of the drawings in an electronic format and one copy as a hard copy drawing.
7. Emergencies
In the event of an emergency involving the gas system, the Gas Company shall proceed with the work required to deal with the emergency, and in any instance where prior approval of the Engineer/Road Superintendent is normally required for the work, the Gas Company shall use its best efforts to immediately notify the Engineer/Road Superintendent of the location and nature of the emergency and the work being done and, if it deems appropriate, notify the police force, fire or other emergency services having jurisdiction. The Gas Company shall provide the Engineer/Road Superintendent with at least one 24 hour emergency contact for the Gas Company and shall ensure the contacts are current.
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8. Restoration
The Gas Company shall well and sufficiently restore, to the reasonable satisfaction of the Engineer/Road Superintendent, all highways, municipal works or improvements which it may excavate or interfere with in the course of laying, constructing, repairing or removing its gas system, and shall make good any settling or subsidence thereafter caused by such excavation or interference. If the Gas Company fails at any time to do any work required by this Paragraph within a reasonable period of time, the Corporation may do or cause such work to be done and the Gas Company shall, on demand, pay the Corporation's reasonably incurred costs, as certified by the Engineer/Road Superintendent.
9. Indemnification
The Gas Company shall, at all times, indemnify and save harmless the Corporation from and against all claims, including costs related thereto, for all damages or injuries including death to any person or persons and for damage to any property, arising out of the Gas Company operating, constructing, and maintaining its gas system in the Municipality, or utilizing its gas system for the carriage of gas owned by others. Provided that the Gas Company shall not be required to indemnify or save harmless the Corporation from and against claims, including costs related thereto, which it may incur by reason of damages or injuries including death to any person or persons and for damage to any property, resulting from the negligence or wrongful act of the Corporation, its servants, agents or employees.
10. Insurance
(a) The Gas Company shall maintain Comprehensive General Liability Insurance in sufficient amount and description as shall protect the Gas Company and the Corporation from claims for which the Gas Company is obliged to indemnify the Corporation under Paragraph 9. The insurance policy shall identify the Corporation as an additional named insured, but only with respect to the operation of the named insured (the Gas Company). The insurance policy shall not lapse or be cancelled without sixty (60) days' prior written notice to the Corporation by the Gas Company.
(b) The issuance of an insurance policy as provided in this Paragraph shall not be construed as relieving the Gas Company of liability not covered by such insurance or in excess of the policy limits of such insurance.
(c) Upon request by the Corporation, the Gas Company shall confirm that premiums for such insurance have been paid and that such insurance is in full force and effect.
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11. Alternative Easement
The Corporation agrees, in the event of the proposed sale or closing of any highway or any part of a highway where there is a gas line in existence, to give the Gas Company reasonable notice of such proposed sale or closing and, if it is feasible, to provide the Gas Company with easements over that part of the highway proposed to be sold or closed sufficient to allow the Gas Company to preserve any part of the gas system in its then existing location. In the event that such easements cannot be provided, the Corporation and the Gas Company shall share the cost of relocating or altering the gas system to facilitate continuity of gas service, as provided for in Paragraph 12 of this Agreement.
12. Pipeline Relocation
(a) If in the course of constructing, reconstructing, changing, altering or improving any highway or any municipal works, the Corporation deems that it is necessary to take up, remove or change the location of any part of the gas system, the Gas Company shall, upon notice to do so, remove and/or relocate within a reasonable period of time such part of the gas system to a location approved by the Engineer/Road Superintendent.
(b) Where any part of the gas system relocated in accordance with this Paragraph is located on a bridge, viaduct or structure, the Gas Company shall alter or relocate that part of the gas system at its sole expense.
(c) Where any part of the gas system relocated in accordance with this Paragraph is located other than on a bridge, viaduct or structure, the costs of relocation shall be shared between the Corporation and the Gas Company on the basis of the total relocation costs, excluding the value of any upgrading of the gas system, and deducting any contribution paid to the Gas Company by others in respect to such relocation; and for these purposes, the total relocation costs shall be the aggregate of the following:
(i) the amount paid to Gas Company employees up to and including field supervisors for the hours worked on the project plus the current cost of fringe benefits for these employees,
(ii) the amount paid for rental equipment while in use on the project and an amount, charged at the unit rate, for Gas Company equipment while in use on the project,
(iii) the amount paid by the Gas Company to contractors for work related to the project,
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(iv) the cost to the Gas Company for materials used in connection with the project, and
(v) a reasonable amount for project engineering and project administrative costs which shall be 22.5% of the aggregate of the amounts determined in items (i), (ii), (iii) and (iv) above.
(d) The total relocation costs as calculated above shall be paid 35% by the Corporation and 65% by the Gas Company, except where the part of the gas system required to be moved is located in an unassumed road or in an unopened road allowance and the Corporation has not approved its location, in which case the Gas Company shall pay 100% of the relocation costs.
Part IV - Procedural And Other Matters
13. Municipal By-laws of General Application
The Agreement is subject to the provisions of all regulating statutes and all municipal by-laws of general application, except by-laws which have the effect of amending this Agreement.
14. Giving Notice
Notices may be delivered to, sent by facsimile or mailed by prepaid registered post to the Gas Company at its head office or to the authorized officers of the Corporation at its municipal offices, as the case may be.
15. Disposition of Gas System
(a) If the Gas Company decommissions part of its gas system affixed to a bridge, viaduct or structure, the Gas Company shall, at its sole expense, remove the part of its gas system affixed to the bridge, viaduct or structure.
(b) If the Gas Company decommissions any other part of its gas system, it shall have the right, but is not required, to remove that part of its gas system. It may exercise its right to remove the decommissioned parts of its gas system by giving notice of its intention to do so by filing a Plan as required by Paragraph 5 of this Agreement for approval by the Engineer/Road Superintendent. If the Gas Company does not remove the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in any highway, the Corporation may remove and dispose of so much of the decommissioned gas system as the Corporation may require for such purposes and neither party shall have recourse against the other for any
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loss, cost, expense or damage occasioned thereby. If the Gas Company has not removed the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in a highway, the Gas Company may elect to relocate the decommissioned gas system and in that event Paragraph 12 applies to the cost of relocation.
16. Use of Decommissioned Gas System
(a) The Gas Company shall provide promptly to the Corporation, to the extent such information is known:
(i) the names and addresses of all third parties who use decommissioned parts of the gas system for purposes other than the transmission or distribution of gas; and
(ii) the location of all proposed and existing decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas.
(b) The Gas Company may allow a third party to use a decommissioned part of the gas system for purposes other than the transmission or distribution of gas and may charge a fee for that third party use, provided
(i) the third party has entered into a municipal access agreement with the Corporation; and
(ii) the Gas Company does not charge a fee for the third party's right of access to the highways.
(c) Decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas are not subject to the provisions of this Agreement. For decommissioned parts of the gas system used for purposes other than the transmission and distribution of gas, issues such as relocation costs will be governed by the relevant municipal access agreement.
17. Franchise Handbook
The Parties acknowledge that operating decisions sometimes require a greater level of detail than that which is appropriately included in this Agreement. The Parties agree to look for guidance on such matters to the Franchise Handbook prepared by the Association of Municipalities of Ontario and the gas utility companies, as may be amended from time to time.
18. Other Conditions
None.
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19. Agreement Binding Parties
This Agreement shall extend to, benefit and bind the parties thereto, their successors and assigns, respectively.
IN WITNESS WHEREOF the parties have executed this Agreement effective from the date written above.
THE CORPORATION OF THE TOWN OF GREATER NAPANEE
Per: ______Gordon Schermerhorn, Mayor
Per: ______Susan Beckel, Clerk
UNION GAS LIMITED
Per: ______David G. Simpson, Vice President Regulatory, Lands and Public Affairs
Per: ______Tanya Mushynski, Assistant Secretary
By-law No. 2017-0064 - To Authorize a Union Gas Franchise Agreement (Fir... Page 73 of 77 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW N0. 2017-0065
A BY-LAW TO PROVIDE THAT SUBSECTION 50(5) OF THE PLANNING ACT, R.S.O. 1990, CHAPTER P.13 AS AMENDED DOES NOT APPLY TO CERTAIN LANDS WITHIN THE TOWN OF GREATER NAPANEE.
WHEREAS Section 50(5) of the Planning Act (R.S.O. 1990, c.P.13 as amended) provides that no owner shall convey part of any lot within a Plan of Subdivision registered before or after the coming into force of Section 50(5);
AND WHEREAS Section 50(7) of the Planning Act (R.S.O. 1990, c.P.13 as amended), provides that the Council of the Municipality may, by by-law, provide that Section 50(5) does not apply to the land that is within a registered plan or plans of subdivision or parts thereof;
AND WHEREAS TURGAL (1988) INC. has requested an exemption from Part Lot Control for Lots 42 and 64, Registered Plan 29M-6 being along Beverley Street and Kanvers Way, respectively, as shown on Registered Plan 29M-6;
AND WHEREAS approval of this by-law under Section 50(7.1) of the Planning Act is not required because Council is authorized to approve plans of subdivision under Section 51 of the Planning Act;
NOW THEREFORE the Council of The Corporation of the Town of Greater Napanee enacts as follows:
1. Subsection (5) of Section 50 of the Planning Act R.S.O. 1990, c.P. 13 as amended, does not apply to Lots 42 and 64 of Registered Plan 29M-6, on the condition that no person shall convey a part of any such lot by way of a deed, or transfer, or grant, assign or exercise a power of appointment in respect of a part of any such lot, or mortgage or charge a part of any such lot, or enter into an agreement of sale and purchase of a part of any such lot, or enter into any agreement that has the effect of granting the use of or right in a part of any such lot directly or by entitlement to renewal for a period of twenty-one years or more unless the description of the lands that includes such part in the conveyance, transfer, grant, assignment or exercise of power of appointment is the same as one of the approved descriptions set out on Schedule "A" to this by-law and which forms a part hereof.
2. This By-law shall come into force and take effect upon its passing.
3. This By-law shall lapse at the end of sixty-five (65) calendar days from the date of adoption of this by-law.
By-law No. 2017-0065 - To provide that Subsection 50(6) of The Planning ... Page 74 of 77 The Corporation of the Town of Greater Napanee By-law No. 2017-0065 Page 2 of 3
Read a first time this 19th day of December 2017.
Read a second time and finally passed this 19th day of December 2017.
The Corporation of the Town of Greater Napanee
______Gordon Schermerhorn, Mayor
______Susan Beckel, Clerk
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SCHEDULE ‘A’ TO BY-LAW NO. 2017-0065
Legal Description
REGISTERED PLAN 29M-6 SURVEY PLAN AND APPROVED DESCRIPTION DESCRIPTION Part of Lot 42, of Part 1, of 29R-10509 Registered Plan 29M-6
Part of Lot 42, of Part 2, of 29R-10509 Registered Plan 29M-6
Part of Lot 64, of Part 5, of 29R-10509 Registered Plan 29M-6
Part of Lot 64, of Parts 6 and 7, of 29R-10509 Registered Plan 29M-6
By-law No. 2017-0065 - To provide that Subsection 50(6) of The Planning ... Page 76 of 77 The Corporation of the Town of Greater Napanee By-law No. 2017-0066
A By-Law to Confirm the Proceedings of the Council of The Corporation of the Town of Greater Napanee at a Regular Council Meeting Held December 19, 2017
WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the “Municipal Act, 2001”), gives Council the authority to exercise the powers of the municipal corporation and requires that the powers of every Council are to be exercised by by-law;
AND WHEREAS Council has passed By-law No. 2008-58, being a By-law to Govern the Calling, Place and Proceedings of Council and Committees of Council and the Conduct of its Members;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Greater Napanee at this meeting be confirmed and adopted by by-law;
NOW THEREFORE the Council of The Corporation of the Town of Greater Napanee enacts as follows:
1. That the actions of the Council of The Corporation of the Town of Greater Napanee, at a Regular Council Meeting held on December 19, 2017 in respect of each motion and resolution passed and other actions taken by the Council of the Town of Greater Napanee at this meeting, are hereby adopted and confirmed, as if all such proceedings were expressly embodied in this by-law.
2. That the proper officials of the Town of Greater Napanee are hereby authorized and directed to do all things necessary to give effect to the actions of the Council of The Corporation of the Town of Greater Napanee, referred to in the preceding section.
3. That the Mayor, or in the absence of the Mayor, the Deputy Mayor and the Clerk, or in the absence of the Clerk, the Deputy Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Greater Napanee.
4. That this by-law shall come into force and take effect on the date it is finally passed.
Read a first and second time and finally passed this 19th day of December 2017.
______Mayor, Gordon Schermerhorn Susan Beckel, Clerk
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