Municipality of Trent Lakes Regular Council Meeting
June 4, 2019 Council Chambers, 1:00 PM Agenda
Call to Order
National Anthem
Moment of Reflection
Page
1. Disclosure of Pecuniary Interest
2. Approval of Agenda a) Approval of Agenda
3. Adoption of Minutes a) Regular Council Meeting May 21, 2019 (5 - 17) Council Meeting - 21 May 2019
4. Minutes from Committees and Boards None.
5. Public Meeting pursuant to Section 34 of the Planning Act None.
6. Presentations a) Jennifer Clinesmith, Otonabee Region Conservation Authority (18 - 32) (ORCA) Re: Flood Plain Mapping Project Flood Plain Mapping Project
b) Mark Majchrowski, Kawartha Region Conservation Authority (33 - 44) (KRCA) Re: 2019 Budget Presentation 2019 Budget Presentation
7. Staff Reports 7-1 Public Works None. 7-2 Recreation and Facilities Page 1 of 123 MUNICIPALITY OF TRENT LAKES COUNCIL MEETING
TUESDAY, JUNE 4, 2019 COUNCIL CHAMBERS, 1:00 P.M. AGENDA
None. 7-3 Fire and Emergency Services None. 7-4 Building and Planning a) Adele Arbour, Planning Technician (45 - 47) Re: CIP Building Improvement Grant Application Request CIP- 19-01 (The Olde Ice House) CIP Building Improvement Grant Application Request CIP-19-01 (The Olde Ice House)
7-5 Finance None. 7-6 Corporate Services a) Jessie Clark, Deputy Clerk (48) Re: T-01-2019 Correction T-01-2019 Correction
b) Kari Stevenson, Director of Corporate Services/Clerk (49 - 53) Re: Council-Staff Relations Policy Amendment Council-Staff Relations Policy Amendment
c) Kari Stevenson, Director of Corporate Services/Clerk (54) Re: AMO Conference August 18-21 AMO Conference August 18-21
7-7 Administration None.
8. Correspondence for Information a) Buckhorn Community Care (55) Re: Community Care Tag Days Community Care Tag Days
b) County of Peterborough (56 - 71) Re: Sewage System Management Sewage System Mangement
c) Federation of Ontario Cottagers' Associations (FOCA) (72 - 74) Re: Letter to Council Letter to Council
d) Ministry of Municipal Affairs and Housing (75 - 77) Re: Update - Provincially Significant Employment Zones Update - Provincially Significant Employment Zones
Page 2 of 123 MUNICIPALITY OF TRENT LAKES COUNCIL MEETING
TUESDAY, JUNE 4, 2019 COUNCIL CHAMBERS, 1:00 P.M. AGENDA
e) Ontario Good Roads Association (78 - 82) Re: OGRA-ROMA Combined Conference OGRA-ROMA Combined Conference
9. Correspondence for Action a) Peterborough County (83 - 87) Re: Support for Mandated Recycled Content in the Manufacture of Plastic Bags Support for Mandated Recycled Content in the Manufacture of Plastic Bags Industry-led Request Letter
b) Town of Aurora (88 - 90) Re: Response to Bill 108, the More Homes, More Choice Act Response to Bill 108, the More Homes, More Choice Act
c) Town of Petrolia (91) Re: OGRA-ROMA Combined Conference Support OGRA-ROMA Combined Conference Support
d) Township of McNab/Braeside (92) Re: Government of Ontario E-Learning Government of Ontario E-Learning
e) Township of The Archipelago (93 - 94) Re: Bill 108 the More Homes, More Choice Act, 2019 Bill 108 the More Homes, More Choice Act, 2019
10. By-laws a) Kari Stevenson, Director of Corporate Services/Clerk (95 - 99) By-laws on the Agenda Memorandum By-laws on the Agenda Memorandum
b) B2019-064 Building Improvement Grant Agreement for File No. (100 - 107) CIP-19-01 (Sherwood) B2019-064
c) B2019-065 Zoning By-law Amendment for File No. 17-36 (Crowe) (108 - 111) B2019-065
d) B2019-066 Consent Agreement (Crowe) (112 - 118) B2019-066
11. Business Arising Out of Previous Meeting
Page 3 of 123 MUNICIPALITY OF TRENT LAKES COUNCIL MEETING
TUESDAY, JUNE 4, 2019 COUNCIL CHAMBERS, 1:00 P.M. AGENDA
12. Other Business/Information Items a) County Council Update (119 - 122) Peterborough County Council Meeting
13. Notice of Motion
14. Closed Session a) Ontario Municipal Act, S.239 (2) To discuss: e) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board b) Rise from Closed Session
15. Business Arising from Closed Session
16. Adoption of Confirming By-law a) Confirming By-law (B2019-067) (123) B2019-067
17. Adjournment a) Adjournment
Page 4 of 123 The Municipality of Trent Lakes
The Minutes of the 11th Regular Meeting of the 2018-2022 Council of the Municipality of Trent Lakes held on May 21, 2019 at the Municipal Office
Call to Order
Present: Deputy Mayor Ron Windover Councillor Kim Letto Councillor Carol Armstrong Councillor Terry Lambshead
Regrets: Mayor Janet Clarkson
Staff Present: Peter Avgoustis, Chief Administrative Officer Kari Stevenson, Director of Corporate Services/Clerk Donna Teggart, Director of Finance/Treasurer Sarah Macaulay, Tax Clerk Brian Raymond, Chief Building Official Adele Arbour, Planning Technician Jessie Clark, Deputy Clerk
Deputy Mayor Windover called the Regular Meeting to order at 1:00 p.m. and led Council in the singing of the National Anthem and a Moment of Reflection.
1. Disclosure of Pecuniary Interest a) The Deputy Mayor reminded members of Council of their obligation to declare any pecuniary interest they may have. None were declared.
2. Approval of Agenda a) Approval of Agenda
Resolution No. R2019-326
Moved by: Councillor Lambshead Seconded by: Councillor Armstrong
That the agenda be approved as printed.
Page 5 of 123 Page 2 of 13 Council Meeting May 21, 2019
Carried.
3. Adoption of Minutes a) Regular Council Meeting May 7, 2019
b) Statutory Public Meeting May 7, 2019
Resolution No. R2019-327
Moved by: Councillor Letto Seconded by: Councillor Armstrong
That the minutes of the Regular Council meeting dated May 7, 2019 and the minutes of the Statutory Public meeting dated May 7, 2019 be adopted as printed.
Carried.
4. Minutes from Committees and Boards a) Library Board
Resolution No. R2019-328
Moved by: Councillor Lambshead Seconded by: Councillor Armstrong
That minutes of the Library Board dated February 8, 2019, March 8, 2019 and April 12, 2019 be received for information.
Carried. b) Police Services Board
Resolution No. R2019-329
Moved by: Councillor Armstrong Seconded by: Councillor Lambshead
That minutes of the Police Services Board dated January 24, 2019 be received for information.
Carried.
5. Public Meeting pursuant to Section 34 of the Planning Act
Page 6 of 123 Page 3 of 13 Council Meeting May 21, 2019
None.
6. Delegations a) Len Logan Re: Reid Street Concerns
Mr. Logan advised Council that he resides on Reid Street. His concern regarding Reid Street is the type and size of gravel the Municipality spread on the road in 2018. Mr. Logan believes the gravel is too large and creates unsafe travel.
Resolution No. R2019-330
Moved by: Councillor Lambshead Seconded by: Councillor Armstrong
That Council receive the delegation from Len Logan regarding Reid Street concerns for their information; and further
That Council direct staff to bring a report back to Council on the size of gravel used on Reid Street and the reasoning for it.
Carried.
7. Staff Reports
7-1 Public Works None.
7-2 Recreation and Facilities None.
7-3 Fire and Emergency Services None.
7-4 Building and Planning a) Adele Arbour, Planning Technician and Brian Raymond, CBO Re: Bill 108
Resolution No. R2019-331
Moved by: Councillor Armstrong
Page 7 of 123 Page 4 of 13 Council Meeting May 21, 2019
Seconded by: Councillor Lambshead
Whereas the draft Bill 108 prepared by the Minister of Municipal Affairs and Housing proposes to authorize an increase in the number of permissible secondary suites on a parcel of land;
And Whereas Council for the Municipality of Trent Lakes supports the Minister's efforts to address issues of housing need and affordability;
And Whereas the Municipality of Trent Lakes is a municipality comprised of a number of in-land lakes with an extensive recreational housing stock and season population;
And Whereas shoreline areas in the Municipality of Trent Lakes are generally remote and characterized by small parcels of land mostly accessible only be private roads;
Now Therefore Council resolves that they do not find that the proposed revision to Section 16 (3) of the Planning Act, which would allow two new residential units, be an appropriate or responsible measure to address housing need or affordability in the Province of Ontario on small shoreline lots accessible only by private roads.
Carried. b) Adele Arbour, Planning Technician Re: Consent B-17-19 Owner: Donald and Megan Ekblad Address: 221 Adams Cummings Road Roll No.: 15-42-010-001-30800
Resolution No. R2019-332
Moved by: Councillor Armstrong Seconded by: Councillor Lambshead
That Council supports Consent File No. B-17-19 made by Donald and Megan Ekblad for an addition to a lot at 221 Adams Cumming Road having roll number 15-42-010-001-30800 with the following condition:
1. A Merger Agreement is to be entered into between the Transferor, Transferee and Municipality pursuant to Section 51(26) and Section 53(12) of the Planning Act, R.S.O, 1990, and registered on title to merge the severed parcel with the abutting (or separated) land, such that these 2 parcels shall be considered as one lot and shall not be dealt with
Page 8 of 123 Page 5 of 13 Council Meeting May 21, 2019
separately.
Carried.
7-5 Finance a) Donna Teggart, Director of Finance/Treasurer Re: 2019 Overall Tax Levy
Resolution No. R2019-333
Moved by: Councillor Letto Seconded by: Councillor Lambshead
That Council receive the report from the Director of Finance/Treasurer regarding the 2019 Overall Tax Levy for their information.
Carried. b) Donna Teggart, Director of Finance/Treasurer Re: Gas Tax Funds - One-Time Additional Payment
Resolution No. R2019-334
Moved by: Councillor Armstrong Seconded by: Councillor Letto
That Council receive the report from the Director of Finance/Treasurer regarding Gas Tax Funds for their information; and further
That Council direct staff to review areas or priorities they might advance this year utilizing some surplus revenue funds from the Ontario Municipal Partnership Fund and the Gas Tax Fund.
Carried. c) Donna Teggart, Director of Finance/Treasurer Re: 2018 Post-Audit Management Letter
Resolution No. R2019-335
Moved by: Councillor Lambshead Seconded by: Councillor Letto
That Council receive the report from the Director of Finance/Treasurer regarding the 2018 Post-Audit Management Letter for their information.
Page 9 of 123 Page 6 of 13 Council Meeting May 21, 2019
Carried. d) Sarah Macaulay, Tax Clerk/Accounts Payable Clerk Re: Energy Conservation and Demand Management Plan, 2019 Update
Resolution No. R2019-336
Moved by: Councillor Armstrong Seconded by: Councillor Letto
That Council receive the report from the Tax Clerk/Accounts Payable Clerk regarding Energy Conservation and Demand Management Plan, 2019 update for their information; and further
That Council direct staff to publish the Energy Plan on the Municipality's website and submit it to the Ministry of the Environment, Northern Development and Mines.
Carried. e) Sarah Macaulay, Tax Clerk/Accounts Payable Clerk Re: AP Report - April
Resolution No. R2019-337
Moved by: Councillor Letto Seconded by: Councillor Lambshead
That Council receive the report from the Tax Clerk/Accounts Payable Clerk regarding the April accounts payable report for their information.
Carried.
7-6 Corporate Services a) Jessie Clark, Deputy Clerk Re: Council Expenses - Remainder of March and April 2019
Resolution No. R2019-338
Moved by: Councillor Lambshead Seconded by: Councillor Armstrong
That Council receive the report from the Deputy Clerk regarding Council Expenses for March and April, 2019 and authorize payment.
Page 10 of 123 Page 7 of 13 Council Meeting May 21, 2019
Carried. b) Jessie Clark, Deputy Clerk Re: Unopened Road Allowance Purchase Application - Stuart
Resolution No. R2019-339
Moved by: Councillor Lambshead Seconded by: Councillor Armstrong
That Council receive the report from the Deputy Clerk regarding the application to purchase an unopened road allowance adjacent to Lot 3, Plan 2, Cavendish Ward; and further
That Council direct staff to proceed with the application process and advise the applicant he will be responsible for all costs.
Carried. c) Jessie Clark, Deputy Clerk Re: Award T-01-2019 for the Rehabilitation of Woodland Trail
Resolution No. R2019-340
Moved by: Councillor Armstrong Seconded by: Councillor Letto
That Council receive the report from the Deputy Clerk and approve awarding Tender T-01-2019 for the Rehabilitation of Woodland Trail to Norway Asphalt Ltd.
Carried. d) Jessie Clark, Deputy Clerk Re: Award RFP-02-2019 for Consulting Services for a Strategic Facilities Master Plan
The CAO estimated the time frame for a report back to Council by the end of 2019.
Resolution No. R2019-341
Moved by: Councillor Armstrong Seconded by: Councillor Lambshead
That Council receive the report from the Deputy Clerk and approve
Page 11 of 123 Page 8 of 13 Council Meeting May 21, 2019
awarding RFP-02-2019 to provide consulting services for a Strategic Facilities Master Plan to Cornerstone Planning Group.
Carried. e) Jessie Clark, Deputy Clerk Re: Award RFP-03-2019 for Audit Services for a Comprehensive Fleet Services Review and Audit
Resolution No. R2019-342
Moved by: Councillor Lambshead Seconded by: Councillor Letto
That Council receive the report from the Deputy Clerk and approve awarding RFP-03-2019 to provide audit services for a comprehensive fleet services review and audit to MCG Consulting Solutions.
Carried. f) Jessie Clark, Deputy Clerk Re: Award Peterborough County Tender No. T-07-2019 for the Supply, Delivery and/or Application of Calcium Chloride on Various Township Roads
Resolution No. R2019-343
Moved by: Councillor Letto Seconded by: Councillor Armstrong
That Council receive the report from the Deputy Clerk and approve awarding Peterborough County Tender No. T-07-2019 for the Supply, Deliver and Application of Calcium Chloride to Da-Lee Dust Control Ltd.
Carried.
7-7 Administration None.
8. Correspondence for Information a) Ministry of Municipal Affairs and Housing Re: More Homes, More Choice: Ontario's Housing Supply Action Plan
b) Town of Mono Re: Ontario Municipal Partnership Fund
Page 12 of 123 Page 9 of 13 Council Meeting May 21, 2019
c) Michael Boysen Re: Feedback on Waste Management Report and Waste Card Discussion
Resolution No. R2019-344
Moved by: Councillor Armstrong Seconded by: Councillor Lambshead
That the information correspondence be received for Council's information.
Carried.
9. Correspondence for Action a) Township of Essa Re: Library Funding
b) Town of Hanover Re: Library Funding
c) Township of McKellar Re: Library Funding
d) Township of Mulmur Re: Library Funding
Resolution No. R2019-345
Moved by: Councillor Armstrong Seconded by: Councillor Lambshead
That Council receive the correspondence regarding Library Funding from the Townships of Essa, Hanover, McKellar and Mulmur for information; and further
That Council direct staff to prepare a similar letter from Trent Lakes.
Carried. e) Township of Mulmur Re: Aggregate
Resolution No. R2019-346
Moved by: Councillor Letto
Page 13 of 123 Page 10 of 13 Council Meeting May 21, 2019
Seconded by: Councillor Armstrong
That Council receive the correspondence from the Township of Mulmur regarding aggregate for their information.
Carried. f) Environment Council for Clear, Stoney and White Lakes Re: Council Representative Request
Resolution No. R2019-347
Moved by: Councillor Letto Seconded by: Councillor Armstrong
That Council receive the correspondence from the Environment Council for Clear, Stoney and White Lakes and appoint Councillor Letto to this external committee.
Carried. g) Greater Harvey Historical Society Re: Council Representative Request
Resolution No. R2019-348
Moved by: Councillor Lambshead Seconded by: Councillor Armstrong
That Council receive the correspondence from the Greater Harvey Historical Society and appoint Councillor Lambshead to this external committee.
Carried.
10. By-laws a) Kari Stevenson, Director of Corporate Services/Clerk By-laws on the Agenda Memorandum
b) B2019-058 - Agreement with Norway Asphalt Ltd. for T-01-2019
Resolution No. R2019-349
Moved by: Councillor Armstrong Seconded by: Councillor Letto
Page 14 of 123 Page 11 of 13 Council Meeting May 21, 2019
That By-law B2019-058, being 'A by-law to authorize the execution of an agreement for the rehabilitation of Woodland Trail between Norway Asphalt Ltd. and The Corporation of the Municipality of Trent Lakes', be read a first, second and third time and passed this 21st day of May, 2019.
Carried. c) B2019-059 - Agreement with Da-Lee Dust Control Ltd. for Peterborough County T-07-2019
Resolution No. R2019-350
Moved by: Councillor Letto Seconded by: Councillor Armstrong
That By-law B2019-059, being 'A by-law to authorize the execution of an agreement for the supply, delivery and/or application of Calcium Chloride on various township roads between Morris Chemicals (A Division of Da-Lee Dust Control Ltd.) and The Corporation of the Municipality of Trent Lakes', be read a first, second and third time and passed this 21st day of May, 2019.
Carried. d) B2019-060 - Agreement with Cornerstone Planning Group for RFP-02- 2019
Resolution No. R2019-351
Moved by: Councillor Lambshead Seconded by: Councillor Armstrong
That By-law B2019-060, being 'A by-law to authorize the execution of an agreement for consulting services for a Strategic Facilities Master Plan between Cornerstone Planning Group and The Corporation of the Municipality of Trent Lakes', be read a first, second and third time and passed this 21st day of May, 2019.
Carried. e) B2019-061 - Agreement with MCG Consulting Solutions for RFP-03- 2019
Resolution No. R2019-352
Moved by: Councillor Letto
Page 15 of 123 Page 12 of 13 Council Meeting May 21, 2019
Seconded by: Councillor Lambshead
That By-law B2019-061, being 'A by-law to authorize the execution of an agreement for audit services for a comprehensive fleet services review and audit between MCG Consulting Solutions and The Corporation of the Municipality of Trent Lakes', be read a first, second and third time and passed this 21st day of May, 2019.
Carried. f) B2019-062 - Agreement with Miller Paving for Surface Treatment
Resolution No. R2019-353
Moved by: Councillor Lambshead Seconded by: Councillor Armstrong
That By-law B2019-062, being 'A by-law to authorize the execution of an agreement for Surface Treatment between Miller Paving and The Corporation of the Municipality of Trent Lakes', be read a first, second and third time and passed this 21st day of May, 2019.
Carried.
11. Business Arising Out of Previous Meeting
12. Other Business/Information Items a) County Council Update
Councillor Lambshead advised Council that Hospice Peterborough is up and running.
13. Notice of Motion a) Deputy Mayor Windover Re: Donation
"That Council donate $500.00 to the Red Cross for flood relief efforts."
Councillor Armstrong moved the motion for the Chair without a seconder.
14. Closed Session None.
Page 16 of 123 Page 13 of 13 Council Meeting May 21, 2019
15. Business Arising from Closed Session None.
16. Adoption of Confirming By-law a) Confirming By-law (B2019-063)
Resolution No. R2019-354
Moved by: Councillor Armstrong Seconded by: Councillor Letto
That By-law B2019-063 being 'A by-law to confirm the proceedings of the Regular Council meeting held on May 21, 2019', be read a first, second and third time and passed this 21st day of May, 2019.
Carried.
17. Adjournment a) Adjournment
Resolution No. R2019-355
Moved by: Councillor Lambshead Seconded by: Councillor Letto
That Council adjourn at 1:59 p.m.
Carried.
Janet Clarkson, Mayor
Kari Stevenson, Clerk
Page 17 of 123 Kawartha Lakes Floodplain Mapping Project
June 4, 2019
Jennifer Clinesmith, Manager Plan Review and Permitting Services Otonabee Conservation Page 18 of 123
1 Agenda
• What is Floodplain Mapping and how is it done? • Project Background and Update • Communications Plan • Questions Page 19 of 123
2 Map of Project Area Page 20 of 123
3 What is Floodplain Mapping?
• About Floodplain Maps • Floodplain maps are technical documents that predict the path of floodwaters—the area known as the floodplain • Floodplain maps are based on site-specific data and technical models • The area of the floodplain is affected by many factors, including land elevation, jams of ice and debris, and built development features • Effective floodplain management is a key goal of Otonabee Conservation, and floodplain mapping is an important tool Page 21 of 123 that enables us to do that
4 How the Maps were Made
Step One: Topography • A Digital Terrain Model (DTM) – 3D model of the Earth’s surface – was created using Light Detection and Ranging (LiDAR) and South-Central Ontario Orthophotography Project (SCOOP) – Province of Ontario Step Two: Apply Highest Recorded Lake Levels
MAX YEAR
Buckhorn Lake (including Chemong, 246.82 1928 Pigeon , Big Bald & Little Bald Lakes)
Lower Buckhorn Lake 244.01 1928
Lovesick Lake 241.95 1995
Stony Lake 235.58 1913
Page 22 of 123 Lake Katchewanooka 233.38 1960
Rice Lake Level 187.5 1951
5 Project Background
• Funding • Federal funding through the National Disaster Mitigation Program (NDMP)—Stream 2 funds up to 50% of floodplain mapping • Funding contingent on municipal commitment to including mapping in municipal Official Plans • Key Timelines • Maximum 24 month projects • Completion date for Kawartha Lakes Project is March 31, 2019 Page 23 of 123 • NDMP Program will sunset March 31, 2020
6 Project Updates
• ORCA applied for and received funding for the Kawartha Lakes South as part of intake 3 – began October 2017 • ORCA supported Trent Hills and North Kawartha in their application for funding for Kawartha Lakes North as part of intake 4 – project started April 2018 • Technical work on both projects in now complete (subject to finalization following public awareness and education) • Public awareness and education component has been shifted to summer of 2019 to capture seasonal population Page 24 of 123
7 Facts!
• Total length of shoreline mapped = 1667 km • Length of shoreline in Trent Lakes = 719 km • Number of structures affected by floodplain = 135 Page 25 of 123
8 Communications Plan
• New Communications Plan & tools to help stakeholders understand floodplain mapping and how it affects them • Tools include: • Dedicated webpage with interactive “story map” and Q&As • Backgrounder and key messaging for staff • Social media messaging • Newsletter updates • Advisory Committee created to provide input • These resources will help us provide updated, unified information and avoid duplicating efforts Page 26 of 123
9 Public Awareness & Education
Communications Plan: • Departure from traditional awareness/notification • Pooling resources across projects • Using a wider variety of tools and platforms with broader messaging • Ability to search property online! Page 27 of 123
10 Role of Municipality
• Valued Partner • Staff are working together to take necessary steps to adopt floodplain map into Official Plan • Mutual benefits to complete floodplain mapping • Project communications aimed at sharing important information with local residents and businesses that may be affected, and whole community • Positive dialogue ongoing
Page 28 of 123 • Continued commitment to collaborate
11 Supports to Municipalities
• How will ORCA support partnering municipalities? • Presentation to municipal council when product release • Dedicated communications aimed at community members and to support municipal staff as they are asked questions • Responsive to any questions and concerns as they arise
Page 29 of 123 • Present at OPA public meetings
12 Next Steps
• Presentations to municipal and County Councils in June 2019 • North Kawartha (June 4), Trent Lakes (June 4), Selwyn (June 4), Otonabee-South Monaghan (June 17), Douro-Dummer (June 18), and County of Peterborough (June 26) • Ongoing pubic awareness and education campaign throughout summer of 2019 • Official Plan Amendment meetings in September 2019
Page 30 of 123 • ORCA Board adoption in September/October 2019
13 • QUESTIONS? • THANK YOU! Page 31 of 123
14 • Web App Link: http://camaps.maps.arcgis.com/apps/webap pviewer/index.html?id=6d7760036cc14ca9b0 850065ff44c392 Page 32 of 123
15 Page 33 of 123 Budget Process
Approval of Preliminary Detailed 2019 Budget Draft Budget Preliminary Approve Budget direction and for Budget and 2019 Budget Circulated to 2019 Budget guideline discussion 5-Year for Municipalities Approval Circulation (30 days) (BOD July) (BOD Sept) Forecast (BOD Oct) Page 34 of 123 2019 Budget 2019 Budget Summary • An overall 3.39% increase in municipal Operating Levy levy, $51,600, supporting operating expenditures.
• The operating levy is shared by the Projects municipal partners based on an apportionment percentage supplied
to us by the Ministry of Natural Service Resources and Forestry. Agreements • Increase of 1.63% for Trent Lakes Page 35 of 123 2019 Budget • The budget is supported by projects of specific interest to our municipalities: • General Benefiting Projects • shared by the municipal partners based on the same apportionment percentage as the operating levy. • Special Benefiting Projects • funded by the benefiting municipality/municipalities. • Service Agreements • funded by the benefiting municipality from sources outside municipal levy Page 36 of 123 2019 Budget Municipality of Trent Lakes 2018 2019 Difference Operating Levy $67,924 $69,036 $1,112 General Benefitting $893 $2,632 $1,739 Project • Digitize Corporate Records • Website Redesign Total $68,817 $71,668 $2,851
Operating Levy increase: 1.63% Page 37 of 123 General Benefiting Projects
• Digitization of Records $ 15,000 – Multi-year project (5-years) – Focus on digitizing all corporate records – Will result in faster processing of planning and permitting applications – Allows for easy storage, retrieval, workflow efficiency • Website Upgrade and Design $ 45,000 – 3-year program – Develop a new, user-friendly corporate website • Enable the efficient and easy access to information, aim to improve planning and permitting services
Page 38 of 123 • Promote our conservation areas and natural areas as a tourism advantage Special Projects
• There are no special projects identified in the 2019 Budget.
• Previous special project funding included: – Blue Canoe Program (lake education and stewardship) – Orthophotography – Ecological Land Classification Page 39 of 123 Highlights of Activity: Trent Lakes Page 40 of 123 Policy Review - Planning & Permitting • 36 Conservation Authorities working together on a Client Service and Streamlining Initiative • Includes training • Sharing best practices • Building on existing tools (CALC report, service agreements, data accessibility)
• Updates to our Planning and Regulation
Page 41 of 123 policies Sediment & Erosion Control Symposium • Held on February 28, 2019 at Fenelon Falls Community Centre • Intended to increase local expertise and application of erosion and sediment control standards when reviewing, undertaking and inspecting development and site alteration projects • Over 100 people participated including erosion and sediment control related suppliers, installers & Page 42 of 123 approvers Watershed Monitoring • Information is critical to understand how weather impacts local area • Information important for long-range planning; flood plain mapping, flood forecasting and warning • Augmented monitoring stations • Provincial Groundwater Monitoring wells – both wells in the municipality are equipped with real-time transmitting equipment, allowing ready access to groundwater and
Page 43 of 123 precipitation information Thank You. Page 44 of 123 Trent Lakes Report to Council
To: Mayor & Members of Council From: Adele Arbour, Planning Technician Date: June 4, 2019 · Re: CIP Building Improvement Grant Application Request CIP-19-01 (The Olde Ice House) · 1925 Lakehurst Road, Buckhorn
Recommendation: That Council receive the report from the Planning Technician regarding the Building Improvement Grant application request CIP-19-01; and further
That Council approve the Building Improvement Grant in the amount of$ 6,430.00 for'the property located at 1925 Lakehurst Road, known as The Olde Ice House Restaurant, in the Hamlet of Buckhorn; and further
That Council authorize the execution of a financial agreement with 1587306 Ontario Ltd. (c/o April Sherwood) for the Building Improvement Grant under the Community Improvement Plan Financial Incentives Program.
Financial Implications: In the 2019 Budget, $35,000.00 has been approved for the implementation of the Community Improvement Plan. The Landscape Improvement Grant for the subject property in the amount of $2,837.90 has been committed to the 2019 Budget. This Building Improvement Grant is the first CIP application for 2019.
Background: The Olde Ice House building dates back to 1900 and the current zoning is Hamlet Commercial.
In April 2016, the Municipality of Trent Lakes Council adopted a Community Improvement Plan for the Hamlet of Buckhorn in accordance with Section 28 of the Planning Act. The Community Improvement Plan provides a number of financial incentives for property owners to improve their properties and businesses. The Trent Lakes Economic Development Committee has been appointed by Council to review applications for financial incentives and compliance to the . Community Improvement Plan.
April Sherwood, the owner of the subject property, submitted an application for the Landscapin,g Improvement Grant in 2018 for improvements to the parking area, driveway and landscaped ·. curbing. The report and agreement were approved by Council on January 8, 2019 with the Landscape Improvement Grant in the amount of $2,837.90 to be taken from the 2019 Budget.
1
Page 45 of 123 This work has now been completed. Further to Council's request for signage improveme'nts, Ms. Sherwood has a proposal for new signage which will be taken to the next Economic Development Committee Meeting for review.
The owner is now applying for a Building Improvement Grant to undertake the following work: - new composite railing and banister for the front porch; new carpeting for the front porch and replacement of wood boards as required; repair, re-shingle roof above the pub and replace double doors upstairs with a window, as the upper deck has been removed; strip and re-shingle back section of building where the bakery is located; and removal of rear door, installation of new stairs and railing with landing for bakery entrance, repair of the French doors and staining of this back section.
·under the CIP, a grant equal to 50% of the cost of eligible building improvements to commercial properties may be approved up to a maximum grant of $1.0,000. This grant is predicated on the proposed improvements meeting the guidelines in the Community Improvement Plan.
The Planning Technician provided the following overview of the Community Improvement Plan, Background Study to the Economic Development Committee.
Community Improvement Plan
One of the objectives of the Community Improvement Plan is to encourage the renovation, repair, rehabilitation, redevelopment or other improvement of lands and/or buildings.
To encourage improvement of lands and activities which contribute to and promote a strong . economic base: ·
Building Improvement Grant: A grant equal to 50% of cost of eligible building improvements to commercial, institutional and mixed use properties implementing improvement identified in the Community Improvement Background Study.
\ The maximum signage improvement grant is $1,000.00 per business. Background Study I I Section 6.8 Commercial Building Improvements of the Background Study identifies in the Hamlet ! ·of Buckhorn, there is a greater need for building improvement, as opposed to building fa9ade i improvements which are typically included in many Community Improvement Plans. Therefore ·grant opportunities for·general building impiovements such as roofs, windows and other exterior .improvements including facades are eligib.le work.s under the Building Improvement Grant.
The Background Report also addresses signage improvements. Mobile signs,. animated signs, manual changeable copy signs and digital display signs shall not be permitted: Attractive ground related signage, made from natural materials, is preferred over back-lit fluorescent and plastic signs. Back-lit and tempprary signage s_hall l;>e prohibited. New business signs shall be front-lit, utilizing three-dimensional lettering with _at least 1 O cm of _relief and natural earth-tone colours.
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Page 46 of 123 If the Municipality is providing grant money, staff has recommended in the past that properties should be brought into compliance with the CIP and Sign By-Law. As there currently no sidewalks in the Hamlet of Buckhorn and the CIP supports the use of sandwich boards as advertisement · consideration should be given to reviewing signage requirements currently in the CIP, at the five (5) year update of the Community Improvement Plan.
The Economic Development Committee met on March 21, 2018 to review this application .. however, there was no quorum. The members ih attendance discussed and were in agreement with the proposed works and reviewed the two quotes provided, with the lowest quote being accepted in the amount of $14,·187.30. The breakdown of cost includes $12,860.00 for the work to be undertaken as outlined earlier in this report, plus HST $1,671.80 for a total of $14,531.80, with an eligible 50% grant (excluding HST) being available to the maximum allowable grant.of $10,000.00.
This application meets the eligibility requirements of the Community Improvement Plan. Staff recommend to Council the approval of the Building Improvement Grant being requested in the amount $6,430.00. A By.,.Law to execute an Agreement for the Building Improvement Grant for the property municipally known as 1925 Lakehurst Road is on today's Council agenda for approval.
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Submitted by: . · Approved by: Udi.&tl~ Adele Arbour MCIP, RPP Planning Technician
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Page 47 of 123 Report to Council Trent Lakes
To: Mayor & Members of Council From: Jessie Clark, Deputy Clerk Date: June 4, 2019 Re: T-01-2019 Correction
Recommendation: That Council receive the report from the Deputy Clerk regarding a correction for T-01-2019 for their information.
Financial Implications: None.
Background: At the May 21st, 2019 Council Meeting, Council received a report regarding the award of T-01- 2019 for the rehabilitation of Woodland Trail . The report incorrectly stated that two bids were received and did not include the bid from Royel Paving. The three bids were received were as follows:
Bidder Bid Amount (Excluding Taxes) Norway Asphalt Ltd . $155,115.00 Coco Paving Inc. $178,262.38 *Royel PavinQ $161 ,629.00
The error does not result in a change in the recommendation for the award of the tender.
Page 48 of 123 Report to Council Trent Lakes
To: Mayor & Members of Council From: Kari Stevenson, Director of Corporate Services/Clerk Date: June 4, 2019 Re: Council-Staff Relations Policy Amendment
Recommendation: That Council receive the report from the Director of Corporate Services/Clerk regarding the necessary changes to Policy AD-63, Council-Staff Relations Policy for their information; and further
That Council approve the amendments made to Policy AD-63 to reflect the new Code of Conduct for Members of Council and Local Boards.
Financial Implications: None.
Background: At their meeting held May 7, 2019, Council adopted a new Code of Conduct for Members of Council and Local Boards. It was therefore necessary for staff to amend Policy AD-63, Council Staff Relations Policy to reflect the changes made to the Code of Conduct.
Attached to this report is the amended policy for Council's consideration. The amendments are in bold for easier reference to the changes made.
Submitted by: Approved by:
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Page 49 of 123 ,·Policy Name~·,· . ., .,, : ···. ·''. .. ··"'"·· ;·· .. ·· · :::·'· .... '. ,,·-... :.~.· .. ·, ·. ~ ·.'"-"' _:·: _::'·. ' . ·· . -,· · ...... · ·:····,, .. ,_ .... "<;· ·"'/'.. ··:c,: ':" ·•..• , -~:,· :, ...... :Couricil-St~ff Relati~ns· Polic '. ,.· . ;, '·:: . . " " , ·., ·, ·;;;::· '~- .::-,< :y ;_; /:; ,:'.::: :". ~ \~b-sa·.
Approved by Council Approval Date: February 5, 2019 By-law No.: 82019-014 Effective Date: March 1, 2019
Revision Date: June 4, 2019 Resolution No.:. Revision Date: Resolution No.:
Policy Statement:
The Municipality of Trent Lakes promotes a respectful, tolerant, harassment-free relationship and workplace between Members of Council and the officers and employees of the Corporation. The relationships are guided by the Code of Conduct (Ethics) for Members of Council, the Employee Code of Conduct AD-22, the Procedure By-law, Workplace Harassment Policy AD- 20, Workplace Violence Policy AD-26, and all application legislation.
Purpose:
This policy provides guidance on how the Municipality of Trent Lakes ensures a respectful, tolerant, harassment-free relationship and workplace between Members of Council and the officers and employees of the Corporation of the Municipality of Trent Lakes.
Scope:
This poHcy is applicable to all Members of Council, officers and employees of the Corporation of the Municipality of Trent Lakes (the "Corporation").
Policy Requirements:
The relationship between Members of Council and the officers and employees of the Corporation is guided by the following:
1. Code of Conduct for Members of Council and Local Boards
The Code of Conduct for Members of Council ("Council Code of Conduct") establishes the ethical behavior expected of Members of Council and local boards of the Municipality of Trent Lakes.
Section 7 of the Code of Conduct, Undue Use of Influence, states, "No member shall use their status as a Member of Council to improperly influence the actions or decisions of
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Page 50 of 123 staff or others to the private advantage of the Member or his or her family, employees or , business associates."
Section 8 of the Code of Conduct, Staff Relations, states, "8.1. Only Council as a whole and no single Member including the Mayor, has the authority to direct employees, approve budgets, policy, and other such matters, unless specifically authorized by Council.
8.2 A member shall:
(a) respect staff and acknowledge that staff is required to provide objective advice while remaining neutral, carry out directions of council as a whole, and administer the policies of the Municipality without undue influence from any Member.
(b) respect the administrative structure and direct any staff performance concerns through the appropriate supervisory staff.
8.3 No member shall:
(a) maliciously or falsely impugn the professional or ethical reputation of any staff;
(b) compel staff to engage in partisan political activities, or subject staff to threat or discrimination for refusing to engage in such activities; or
(c) use their authority or influence to threaten, intimidate, or coerc·e staff or improperly interfere the lawful exercise of the duties of staff."
Section 12 of the Code of Conduct, Harassment, states, "No member shall harass any other member, any staff, or any member of the public."
Municipal staff are expected to:
• implement Council's decisions and establish administrative practices and procedures to carry out Council's decisions; • undertake research and provide advice to Council on the policies and programs of the Municipality; and • carry out other duties required under the Municipal Act, 2001 or any Act and other duties assigned by the Municipality.
Council as a whole has the authority to approve budget, policy, governance and other such matters including structures and procedures for committees. Authority to act on behalf of Council, including through a committee, can only be delegated by Council or by law. Members of Council shall be respectful of the role of staff to provide advice based on political neutrality and objectivity and without undue influence from an individual Member or group of Members of Council.
Staff members serve Council and work for the municipal corporation under the direction of the Chief Administrative Officer. Council directs staff through its decisions as recorded in the
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Page 51 of 123 minutes. and resolutions of Council. Members of Council have no individual capacity to direct members of staff to carry out particular functions. Staff establish the appropriate administrative policies, systems, structures and internal controls to implement the goals and objectives of Council, and manage implementation within the resources at their disposal.
2. Employee Code of Conduct
The Employee Code of Conduct establishes the required standards of ethical and professional conduct as it applies to their employment with the Municipality of Trent Lakes.
Section 21 of the Employee Code of Conduct, Council-Staff Relations, states, "As an employee of the Municipality, it is recognized that Municipal Council is the elected voice of the residents of the Municipality and the decisions of Council are to be respected. Employees shall distinguish between personal comments or opinions ·and their jobs with the Municipality."
3. Workplace Harassment Policy AD-20
The purpose of the Workplace Harassment Policy is to communicate the Municipality's commitment to providing a work environment in which all workers are treated with respect and dignity and to comply with employer duties under the Occupational Health and Safety Act.
4. Workplace Violence Policy AD-26
The purpose of the Workplace Violence Policy is to communicate that violence or unacceptable behavior in the workplace perpetrated by or against employees, will not be tolerated.
5. Procedure By-law
The Procedure By-law also establishes rules, procedure and conduct for Members of Council. Subsection 14.4 states, "Council members shall acknowledge that only Council as a whole has the capacity to direct staff members to carry out specific tasks or functions and Council members shall not publicly criticize individual members of staff in a way that casts doubt on their professional competence and credibility."
Responsibilities:
Members of Council, officers and employees of the -Corporation are required to adhere to this policy and its governing provisions, including the Code of Conduct (Ethics) for Members of Council, the Employee Code of Conduct, the Workplace Harassment Policy, the Workplace Violence Policy, and the Procedure By-law.
Contraventions:
The Clerk shall be responsible for receiving complaints and/or concerns related to this policy. Upon receipt of a complaint and/or concern, the Clerk shall notify:
a. The CAO in the case of officers and employees of the Corporation; b. The Integrity Commissioner in the case of Council.
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Page 52 of 123 The handling of complaints shall be done in the manner set out in the application Code or Policy.
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Page 53 of 123 I Report to Council Trent Lakes
To: Mayor & Members of Council From: Kari Stevenson, Director of Corporate Services/Clerk Date: June 4, 2019 Re: · AMO Conference August 18 - 21
Recommendation: That Council receive the report from the Clerk and provide direction to staff confirming the attendance of Members of Council and regarding delegation requests at the upcoming AMO Conference scheduled for August 18, 19, 20 and 21.
Financial Implications: n/a
Background: During the January 8, 2019 Council meeting, Council directed that Mayor Clarkson and Deputy Mayor Windover attend the OGRA conference. Pursuant to the policy and the 2019 budget, staff are supposing that Council will be sending Councillor Lambshead, Councillor Letta and Councillor Armstrong to the AMO Conference scheduled for August 18, 19, 20 and 21, 2019~ Staff are requesting a resolution confirming this information. ·
At their January 81h meeting, Council directed staff to request delegations with:
• Ministry of Natural Resources and Forestry regarding pits and quarries and their approval process, the amount in the municipality and a further increase to the fees paid to the municipality; • Ministry of Community Safety and Correctional Services regarding OPP costing and including trailers in housing counts; • Ministry of Municipal Housing and Affairs regarding the Places to Grow and Growth Plan boundaries.
AMO has not yet opened the delegation request process, however, staff are requesting direction on who Council would like to meet with and the topic(s) to be discussed to be prepared for when the requests open.
Submitted by: Approved by:
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Page 54 of 123 Buckhorn Of?ce PO Box 12 CO! uity 1937 Lakehurst Rd (‘mrp Buckhorn, ON KOL 110 Empowering to 705-657-2171 you liveat home Fax 705-657-3457 in the Cityand County ofPeterborough
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Page 55 of 123
The County of Peterborough
County Council
To: Warden and Members of Council From: Bryan Weir, Director of Planning Sheridan Graham, Director, Corporate Projects & Services Date: May 15, 2019
Subject: PLG 2019-010 Sewage System Management Recommendation: That Council pass a By-law authorizing the County of Peterborough to enter into an interim agreement with Peterborough Public Health for up to one year for the management of sewage system responsibilities (including mandatory and non-mandatory inspections) and; Further that, By-law #1998-23 be amended to remove the Township of Douro-Dummer; and Further that a staff Working Group be formed in order to address sewage system management responsibilities in a manner that meets the needs of individual municipalities and that a report be brought back to County Council in this regard.
Overview The agreement with Peterborough Public Health (PPH) for undertaking sewage system management is due to expire on May 17, 2019. This report introduces a draft agreement for the extension of the management service for up to one year. The interim agreement relates to overall sewage system management including mandatory and non-mandatory inspections. Background On May 1, 2019, County Council passed a motion to defer the issue of having the County enter into an agreement with Peterborough Public Health (PPH) for the ongoing management of septic system responsibilities. Current agreements with PPH expire on May 17, 2019. In the absence of renewing the agreements, the responsibility for sewage system management and liability will rest with the County.
Page 56 of 123
A number of municipalities have expressed a desire to depart from the status quo while others have conveyed a willingness to continue having PPH be responsible for sewage system management.
During the time between County Council meetings, the County has received notice from the Township of Douro-Dummer requesting exclusion from By-law 1998-23 as it desires to undertake full sewage system management in-house. The Township is in the process of hiring new staff and updating its internal systems/processes for performing this new responsibility. The Township intends to work with PPH to effect its transition plan.
PPH has stated that it would like to work with the County and the local municipalities to find a solution that works for all, if possible. In this regard, PPH proposed on May 1, 2019 that the agreements be renewed for up to one year and that a working group be formed. With this being a possible direction for Council, staff have prepared a draft interim Agreement that would achieve a number of objectives:
Allow for the continuation of sewage system management including mandatory and non-mandatory septic system inspections Keep fees at the current level Allow for the formulation of a Working Group that would have the responsibility of conducting an environmental scan for determining municipal needs, and, identify options and strategies for the management of safe sewage and re-inspection programs including a combination of various service provision scenarios Make recommendations to County Council regarding the future of sewage system management in the County of Peterborough Allow a municipality to opt out the agreement upon a minimum of 3 month’s written notice (by Council Resolution) to County Council thus ensuring a smooth transition from PPH to the Township.
The Working Group mentioned above should ideally have staff representation from all local municipalities (with the exception of North Kawartha and Douro-Dummer), Peterborough Public Health and the County. A Draft Agreement is attached to this report.
Financial Impact: N/A Anticipated Impacts on Local and/or First Nations Communities – none at this time. Link to County of Peterborough Strategic Plan Priorities Collaboration Shared Services In consultation with: 1. CAO Troy Speck 2. Donna Churipuy, PPH
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Page 57 of 123
Communication Completed/required: Local municipalities in the County will be notified of Council’s decision. Attachments 1. Services Agreement for the Provision of Inspection Services for Sewage System, Mandatory and Non-Mandatory Septic Systems
Respectfully Submitted,
Original Signed by Original Signed by
Bryan Weir Sheridan Graham Director of Planning Director, Corporate Projects & Services
For more information, please contact Bryan Weir, Director of Planning [email protected] 705-743-0380 ext 2400
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Page 58 of 123
The Corporation of the County of Peterborough
By-law No. 2019 - 47 ______
A by-law to authorize the County of Peterborough to enter into a Sewage System Management Agreement with Peterborough Public Health, including mandatory and non-mandatory inspections and to amend paragraph 1 of By-law #23-1998 (being a by-law of the Corporation of the County of Peterborough to assume responsibility for sewage system inspections and matters of compliance thereof as contained in the Building Code Act, 1992, as amended) to exclude the Township of Douro-Dummer
Whereas the Building Code Act, 1992, S.O. 1992, c. 23 as amended from time to time provides that the upper-tier municipality may delegate to the Health Unit certain responsibilities under the Act with respect to sewage systems with a capacity of less than or equal to 10,000 litres per day;
Whereas Section 48 of the Clean Water Act, 2006, S.O. 2006, Chapter 22, provides that the Council of an upper-tier municipality and a board of health, planning board or source protection authority may enter into an agreement for the enforcement of Part IV of the Clean Water Act by the board of health, planning board of source protection authority in the municipality with respect to activities identified in the agreement, and for charging the municipality the whole or part of the cost;
And Whereas mandatory re-inspections are only applicable to those municipalities that have systems in the vulnerable areas as outlined in source protection plans;
And Whereas the Ontario Building Code, 1992, S.O. 1992 Chapter 23 passed Ontario Regulation 350/06 which was recently amended by Regulation 315/10 and establishes and governs mandatory sewage system maintenance inspection programs and must be administered in certain areas of Ontario, by principal authorities, defined by the Building Code Act as a municipality, a board of health or a conservation authority;
And Whereas Peterborough Public Health has submitted a proposal for a non-mandatory septic re-inspection program for those municipalities that would like to undertake such a project on a voluntary basis either as a municipality or in partnership with another body such as a landowners’ association;
And Whereas the Municipal Act, S.O. 2001, c. 25 (hereinafter referred to as the “Act”) at Section 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
Page 59 of 123 County of Peterborough
PPH Sewage System Management Agreement
By-law # 2019 - 47 ______
And Whereas Section 8.(1) of the Act, further provides that Section 8 shall be interpreted broadly so as to confer broad authority on municipalities,
(a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues.
And Whereas at the County Council Meeting of March 4, 1998, County Council passed By-law No. 23-1998, being a by-law to assume responsibility for sewage system inspectors and matters of compliance thereof as contained in the Building Code Act, 1992, as amended;
And Whereas at the County Council Meeting of May 7, 2014, County Council passed By-law No. 2014-44, being a By-law to authorize the Corporation of the County of Peterborough to enter into a Sewage System Management Agreement with The Peterborough County-City Health Unit, to amend paragraph 1 of By-law #23-1998 (being a by-law of the Corporation of the County of Peterborough to assume responsibility for sewage system inspections and matters of compliance thereof as contained in the Building Code Act, 1992, as amended) by excluding the Township of North Kawartha from allowing Peterborough County to have responsibility for sewage disposals systems and to repeal By-law No. 2011-39.
And Whereas at the County Council Meeting of May 15, 2019, County Council accepted the recommendation of the Director of Planning as contained in his report “PLG 2019-010 Sewage System Management” wherein he recommended:
“That Council pass a By-law authorizing the County of Peterborough to enter into an interim agreement with Peterborough Public Health for up to one year for the management of sewage system responsibilities (including mandatory and non-mandatory inspections) and;
Further that, By-law #1998-23 be amended to remove the Township of Douro-Dummer; and
Further that a staff Working Group be formed in order to address sewage system management responsibilities in a manner that meets the needs of individual municipalities and that a report be brought back to County Council in this regard.”;
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Page 60 of 123 County of Peterborough
PPH Sewage System Management Agreement
By-law # 2019 - 47 ______
Now Therefore the Council of the Corporation of the County of Peterborough in Session duly assembled enacts as follows:
1. That the Corporation of the County of Peterborough be authorized to enter into an interim Agreement with Peterborough Public Health for the Provision of Inspection Services for Sewage Systems and Mandatory and Non-Mandatory Septic Systems Maintenance in the form attached hereto as Schedule “A” to this By-law.
2. That the Warden and the Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and to affix the seal of the Corporation thereto.
3. That paragraph 1 of By-law No. 23-1998 passed by the Council of the County of Peterborough on the 4th day of March, 1998 be and is hereby amended by adding to paragraph 1 the following words: “with the exception of the Township of Douro- Dummer” after the words “member local municipalities” so that paragraph 1 now reads in its entirety as follows:
“1. That the County of Peterborough assumes from all of its member local municipalities, with the exception of the Township of Douro-Dummer, the responsibility for sewage disposal systems as delegated to local municipalities by the Services Improvement Act, 1997, wherein the responsibility therefor is administered by local municipalities pursuant to the provisions of the Building Code Act, 1992, as amended.”.
4. That this by-law comes into full force and effect on May 18, 2019.
5. That this by-law shall be commonly called the “PPH Sewage System Management Agreement” By-law.
Read a first, second and third time and passed in Open Council this 15th day of May, 2019.
______J. Murray Jones Warden
______Lynn Fawn Clerk
Page 3 of 3
Page 61 of 123 Services Agreement for the Provision of Inspection Services for Sewage Systems and Mandatory and Non-Mandatory Septic System Maintenance
This Agreement dated this 15th day of May, 2019.
Between:
Board of Health for Peterborough Public Health (hereinafter called the "Board of Health") of the First Part
- and –
The Corporation of the County of Peterborough (hereinafter called the "County") of the Second Part
Whereas the County of Peterborough assumed from all of its member local municipalities the responsibility for sewage disposal systems under By-law #23-1998, which includes Township of Asphodel-Norwood, Township of Cavan Monaghan, Township of Havelock- Belmont-Methuen, Township of Otonabee-South Monaghan, Township of Selwyn and Municipality of Trent Lakes, (excludes the Township of North Kawartha and the Township of Douro-Dummer); and
Whereas this Agreement is being entered into pursuant to the Building Code Act, 1992, as amended (hereinafter called the "Act"), for the purpose of delegating to the Board of Health certain responsibilities under the Act and the Building Code, as they are from time to time amended, as set out herein with respect to septic related services (with a capacity of less than or equal to 10,000 litres per day);
Now therefore in consideration of the mutual covenants herein contained, the parties hereto hereby agree as follows:
Article One General
Section 1.01 Application: This Agreement shall be applicable to all lands where no municipal sewers are available in the County (hereinafter called the "Lands").
Section 1.02 Duties: The Board of Health shall faithfully carry out its duties hereunder in accordance with the Act and the Building Code in force from time to time, this agreement and any other legislation contemplated hereunder.
Page 1 of 10
Page 62 of 123 Article Two Definitions Section 2.01 in this Agreement,
(i) "Sewage System" means any works for the collection, transmission, treatment and disposal of sewage or any part of such works for up to 10,000 litres in capacity serving one lot and to which the Act applies; (ii) "Inspector" means an inspector appointed under section 3.1(2) of the Act, 1992 as amended;
Article Three Services of the Board of Health
Section 3.01 Services: The Board of Health shall provide the following services in relation to the Lands:
Sewage System Services:
(i) Receive and process applications and requests related to activities listed in paragraphs (ii) and (iv) of this section.
(ii) Inspect properties prior to the issuance of a permit for the construction, installation, establishment, enlargement, extension or alteration of a Sewage System.
(iii) Issue Permits under the Act and Building Code relating to Sewage Systems (a “Permit”).
(iv) Following the issuance of a permit, inspect and re-inspect when necessary, Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code.
(v) Conduct land inspections to determine the acceptability of applications for minor variances or lot line adjustments, as they relate to existing and proposed Sewage Systems and review official plans and zoning by-laws and amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems.
(vi) Conduct inspection of land which is the subject of an application for severance or subdivision where no municipal sewage services are proposed, to ensure that each lot will be suitable for the installation of a Sewage System.
(vii) Provide reports and comments on minor variances and severances directly to the appropriate planning authority.
(viii) Review planning documents including, but not limited to, subdivision or condominium proposals, draft official plans, and proposed amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems.
Page 63 of 123 (ix) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement.
(x) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under subsection 3.01 (ix).
(xi) Respond to inquiries made by any person under the Freedom of Information and Protection of Privacy Act and related Regulation, as amended from time to time, or through any other legal channel.
(xii) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counselling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems.
(xiii) Issue Orders under the Act relating to Sewage Systems.
(xiv) Prepare documentation necessary for prosecution activities relating to Sewage Systems under the Act and Building Code. Administer proceedings relating to Sewage Systems pursuant to the Provincial Offenses Act, R.S.O. 1990, c. P.33.
(xv) Provide all forms necessary for the administration of this Agreement.
(xvi) Be responsible for any other matters related to the administration or enforcement of the Act or Building Code relating to Sewage Systems.
Mandatory Inspection & Non-Mandatory Maintenance Inspections of On-site Sewage Systems:
Provide all inspections, documentation, reporting, and enforcement activities related to Mandatory* and Discretionary** (non-mandatory) maintenance inspections (re- inspections).
*Mandatory Maintenance Inspections are for the properties that have been identified as being located within vulnerable areas surrounding municipal wellheads or surface water intake zones, as per the Clean Water Act.
**Discretionary Maintenance Inspections are for properties identified for re- inspection through an agreement or by-law by a municipal council.
Article Four Collection of Fees
Section 4.01
Collection of Fees for Sewage System Services: The Board of Health shall collect and retain all fees, as set out in Schedule A, payable by any person for work performed by the
Page 64 of 123 Board of Health hereunder as compensation for its services provided hereunder and all persons required to pay any fee shall pay the fee to the Board of Health.
Mandatory Re-inspections of On-site Sewage Systems: The Township/Municipality is responsible for re-payment of the fees to the Board of Health. The Township/Municipality will determine a mechanism for re-payment that is most feasible for their residents.
Non-Mandatory Re-inspections of On-site Sewage Systems: The Township/Municipality is responsible for re-payment of the fees to the Board of Health and will determine a mechanism for re-payment that is most feasible for their residents.
Section 4.02 Fee Schedule: It is agreed and understood that the fees charged in association with the provision of the above services shall be on a cost recovery basis. The Board of Health shall submit to County Council for approval the proposed fee schedule with supporting documentation verifying that the fees are not in excess of actual costs. The County reserves the right to reduce any or all fees charged by the Board of Health, however, it is expressly understood that in doing so, the Board of Health may bill the County directly for any costs not covered by the reduced fee schedule.
Section 4.03 Amendment of Fee Schedule: Any amendments to the fee schedule shall not be made by the Board of Health without the approval of County Council.
Article Five Inspectors
Section 5.01 Qualifications: The Board of Health shall appoint Inspectors who meet the requirement of the Act and the Building Code and shall issue a certificate of appointment to each appointed Inspector
Article Six Liabilities and Insurance
Section 6.01 Liability of the Board of Health: The Board of Health shall indemnify and save harmless the County from and against all claims, demands, losses, costs, damage, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by or attributable to the activities of the Board of Health in executing the work under this Agreement. The County shall be named as an additional insured on the policy of the Board of Health. The Board of Health shall provide a certificate of insurance annually to the County.
Section 6.02 Insurance: For the term of this Agreement, the Board of Health will, at its expense, maintain liability insurance contracts of the nature, in the amounts and containing the terms and conditions, if any, set out in Schedule B.
Article Seven Term and Termination of Agreement
Page 65 of 123 Section 7.01 Term: This Agreement shall continue in force for a period of up to one (1) year commencing May 18, 2019 and ending May 18, 2020.
This agreement may be renewed for additional one year periods at mutual consent of both parties, through resolution of their respective Board/Council provided to one another.
The parties agree that any Township/Municipality in the County (who is the authority in accordance with County By-law #23-1998), that no longer wishes to be provided the Services under this agreement shall provide a minimum of three (3) months’ notice to the County, in the form of a Council resolution. The County will then be required to amend By- law #23-1998 to remove the Township/Municipality as applicable.
Section 7.02 Termination: This Agreement may be terminated by the County or The Board upon written notice being received three (3) months prior to the proposed termination date.
Article Eight Miscellaneous
Section 8.01 Preamble: The preamble hereto shall be deemed to form an integral part hereto.
Section 8.02 Gender, etc.: Whenever the singular form is used in the Agreement and when required by the context, the same shall include the plural, the plural shall include the singular and the masculine gender shall include the feminine and neutral genders.
Section 8.03 Amendments: This Agreement shall not be changed, modified, or discharged in whole or in part except by instrument in writing signed by the parties hereto, or their respective successors or permitted assigns, or otherwise as provided herein.
Section 8.04 Assignment: This Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained.
Section 8.05 Notices: Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly accepted by the party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively:
(a) To the Board of Health:
Board of Health for Peterborough Public Health 185 King St. Peterborough, ON K9J 2R8 Attention: The Medical Officer of Health
(b) To the County
Page 66 of 123 The Corporation of the County of Peterborough 470 Water St. Peterborough, ON K9H 3M3 Attention: Clerk
Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which it was delivered to any employee of such party, or if mailed, postage prepaid, shall be deemed to have been given or made on the third business day following the date on which it was mailed (unless at the time of mailing or within forty-eight hours thereof there shall be a strike, interruption or lock-out in the Canadian postal service, in which case service shall be by way of delivery only). Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this Section 8.05.
Section 8.06 Headings: The section headings hereof have been inserted for the convenience of reference only and shall not be constructed to affect the meaning, construction or effect of this Agreement.
Section 8.07 Governing Law: The provisions of this Agreement shall be constructed and interpreted in accordance with the laws of the Province of Ontario as at the time in effect.
In Witness Whereof the parties hereto have executed this Agreement as of the day and year first written above.
Board of Health for Peterborough Public Health
______Chairperson
______Rosana Salvaterra, M.D. Medical Officer of Health
We have the authority to bind the Board
The Corporation of the County of Peterborough
______J. M. Jones Warden
______Lynn Fawn Clerk
We have the authority to bind the Corporation
Page 67 of 123
Page 68 of 123 Schedule A Fees
System Sewage System Fees
Service Type Fee Sewage System Permits Permit for Class 4 Sewage System, design $700.00 capacity less than or equal to 4500 litres per day
Permit for Class 4 Sewage System, design $1,200.00 capacity greater than 4500 litres per day and less than 10,000 litres per day
Permit for Class 4 Sewage System Tank $400.00 Replacement Only
Permit for Class 5 Sewage System (Holding $700.00 Tank)
Permit for Class 3 Sewage System (Cesspool) $500.00
Permit for Class 2 Sewage System $500.00 (Greywater System)
Sewage System Permit for Trench Bed repair $500.00 or extension of 16 metres or less
Sewage System Permit for Filter Bed repair, $500.00 replacement or extension of 6 square metres or less Change of Use Permit Existing System Inspection (Sewage Systems $350.00 (Existing) Permit for change of use or building addition, comments on minor variance, or rezoning) Rezoning or Minor Variance Rezoning or minor variance comments $250.00 requiring a site visit Severance or Subdivision First lot $250.00 Comments Each additional lot $150.00 Severance or Subdivision First lot $250.00 Re-inspection Each additional lot $150.00 Copies Copies of Archived permits $35.00 File Search File search (e.g., Lawyer, real estate), copies $125.00 and letter
Page 69 of 123 Schedule A Fees
Re-inspection (Mandatory and Non-Mandatory) of On-site Sewage Systems Fees
Service Type Fee Certificate of Re-inspection $325.00
Page 70 of 123 Schedule B Insurance Coverage of the Board of Health
Professional and General Liability $5,000,000.00 Administrator’s Errors and Omissions $5,000,000.00
Page 71 of 123
May 16, 2019 To: Council, c/o the Clerk From: the President of the FOCA Board of Directors
Rural Ontario: we’re in this together.
The Federation of Ontario Cottagers’ Associations (FOCA) is a residents’ group that represents waterfront property owners across Ontario, including a number of families in your Municipality. FOCA is a not-for-profit membership organization, the largest non-farm landowner group in Ontario, with 50,000 member families in more than 500 lake and road Associations.
Our members are your rural residents.
Lake Associations are an important voice in your rural community. Lake Associations are engaged in community-building through local events, in citizen science through water sampling (such as the Lake Partner Program), and in educating and connecting the community on concerns they face every day, from affordability to environmental and policy changes that affect residents.
Lake Associations and their representatives are an important link to your Council, and a source of valuable insight. FOCA has recently developed a “Guide to Municipal Engagement for Lake Associations,” and we have encouraged our members to reach out to their local Councils, to open or to refresh lines of communication. A digital copy of the Guide is available from the FOCA office (email us: [email protected]).
Municipalities deliver some of our most valued public services, including roads, policing, land use planning, bylaw development and enforcement. What else are local Lake Associations telling us they are concerned about? Responsible short-term rental standards (https://foca.on.ca/responsible-cottage-rental/) Sustainability in the face of a changing climate (https://foca.on.ca/climate-change-and- waterfront-ontario/) Septic systems, particularly related to municipal re-inspection programs (https://foca.on.ca/septic-systems/) Emergency response in remote areas (https://foca.on.ca/weather-extremes-and- emergency-preparedness/) Roads (https://foca.on.ca/whos-in-charge/) and rural services (https://foca.on.ca/utilities- and-rural-services-overview/) Shifting demographics, as seasonal residents become—in some cases—permanent, and expect year-round services, as well as opportunities to contribute as entrepreneurs or business owners in their rural economies. (https://foca.on.ca/waterfront-property-owners- and-rural-economic-development/) …/
Page 72 of 123
p.2 / FOCA Letter to Council, May 2019
FOCA is a bridge to the 250,000 waterfront property families across the province who contribute a combined $800+ million in annual property taxes, steward 15,000 kilometres of shorelines, and own 50,000 hectares of land.
What can your Council do this year? 1. Connect with your local Lake Association representatives. You will find a map that shows all FOCA member Associations in your area, here: https://foca.on.ca/member- services/list-of-associations/, or contact FOCA ([email protected]) to help make the connection. 2. Recognize that consultations scheduled between April and October will receive increased stakeholder input from your seasonal residents, and can be viewed as more inclusive of your waterfront property owners. Maximize your use of digital notices, e-newsletters, web postings and other tools that enable residents to participate, wherever they are. Notices in the local paper are no longer sufficient, when it comes to notifying your constituents about important community events or decisions. 3. Use plain-language notices to help all citizens understand the decisions being made. For great examples from your peers who have already successfully taken SPECIAL CHALLENGE: send FOCA a copy up this challenge, visit: of your BEST municipal plain-language http://www.dazzleawards.ca/ notice we will nominate you for the next “Dazzling Notice” Awards! 4. Circulate FOCA resources. We have See the next page for examples… video, print and digital publications available for your constituents’ use, on topics such as septic systems (maintenance & signs of trouble), fish-friendly dock structures and shorelines, ticks, algal blooms, and preventing the spread of invasive species in your region... As just one example, FOCA’s publication, A Shoreline Owner’s Guide to Healthy Waterfronts, is a free booklet filled with information for rural residents. More than 10,000 copies have been distributed across the province. Contact FOCA for details, including free copies for your municipal office. 5. Connect with FOCA! Subscribe or confirm your consent to receive FOCA Elerts (monthly e-news, filled with rural policy and environmental notices): http://bit.ly/FOCA_Elert. Also, send us your e-notices so that we can circulate the news to FOCA’s members in your municipality. Please add [email protected] to your own e-news lists. Thriving and sustainable rural communities are our common goal!
Sincerely,
Marlin Horst President, Board of Directors - Federation of Ontario Cottagers’ Associations #201 – 159 King Street, Peterborough ON K9J 2R8 [email protected] 705-749-3622 https://foca.on.ca
Page 73 of 123
p.3 / FOCA Letter to Council, May 2019
Some additional information from FOCA for our Municipal partners…
A typical municipal notice: vs. A “Dazzling Notice”, worthy of Award:
For more, see: http://www.dazzleawards.ca/
IAP2 Core Values for the practice of public participation Public participation: 1. is based on the belief that those who are affected by a decision have a right to be involved in the decision making process. 2. includes the promise that the public’s contribution will influence the decision. 3. promotes sustainable decisions by recognizing and communicating the needs and interests of all participants, including decision makers. 4. seeks out and facilitates the involvement of those potentially affected by or interested in a decision. 5. seeks input from participants in designing how they participate. 6. provides participants with the information they need to participate in a meaningful way. 7. communicates to participants how their input affected the decision. (IAP2 = International Association for Public Participation https://www.iap2canada.ca/foundations)
Page 74 of 123
19-003055
May 15, 2019
Dear Mayor Janet Clarkson,
On May 2, I released More Homes, More Choice: Ontario’s Housing Supply Action Plan. It lays out our government’s comprehensive plan to increase the supply of housing that is affordable and provides families with more meaningful choices on where to live, work and raise their families.
The Greater Golden Horseshoe is a critical economic driver, both provincially and nationally, with 85 per cent of the province’s population growth expected in this region by 2041. We know that we need a growth plan to not only address the current housing crisis, but to also prepare the region for the exponential growth that will occur over the next 20 years. That is why A Place to Grow: Growth Plan for the Greater Golden Horseshoe is a critical part of Ontario’s Housing Supply Action Plan.
A Place to Grow addresses the needs of the region’s growing population, its diversity, its people and its local priorities. It is the result of the recent consultations on growth plan policies in the Greater Golden Horseshoe, and I would like to thank you for sharing your input during that
1
Page 75 of 123 process. All input was carefully considered in the development of A Place to Grow and the introduction of the Provincially Significant Employment Zones. A Place to Grow will help increase housing supply, create jobs, attract investments and promote economic development. It comes into effect on May 16, 2019 and aims to provide planning flexibility at the local level.
In my letter of May 2, 2019, I outlined that we have identified 29 Provincially Significant Employment Zones that we consulted on to provide enhanced protections for existing employment areas. The 29 zones have not changed as a result of consultations; however, we have revised them to address any factual errors in the mapping based on municipal official plans that are in effect. These zones can be viewed on our web portal.
Requests for Reconsideration
During the next phase of work, we will be reviewing more than 750 requests we received during the consultation period to reconsider a particular zone and/or add new zones. As a part of this, we may require additional information from municipalities and others who submitted requests. Each request will be assessed on its own merit, and other considerations, such as local planning context and provincial interest.
To help process these reconsiderations, we will be seeking demonstrable municipal support, such as a council endorsed letter that outlines local support for the request. We will work with the parties involved to connect with the appropriate municipal officials.
Any requests for reconsideration received after May 2, 2019 should be submitted to the impacted municipality to include in its planning process or should be accompanied by a letter of endorsement from the impacted municipality when submitted to the Province. Further details on the Requests for Reconsideration process including how requests are assessed can be found online at www.ontario.ca/page/provincially-significant-employment-zones.
If you have questions about the zones, the Requests for Reconsideration process, or accessing mapping files of the existing zones, please contact ministry staff at [email protected].
Engagement on longer-term use of Provincially Significant Employment Zones
The last phase of work will look at the longer-term use of Provincially Significant Employment Zones. The ministry has already begun to consider innovative ways to use the zones to leverage economic development investments, programs and strategies both inside and outside the Greater Golden Horseshoe. Our goal is to maximize the economic opportunities that these zones can provide. This includes but is not limited to the number of jobs and people in these zones as they play a strategic and significant role in keeping Ontario economically viable both provincially and internationally.
Provincially Significant Employment Zones can be areas with high concentrations of employment, areas that are recognized to have high economic output, or areas that are understood to play an economically strategic or significant role to the region. They will help provide stable, reliable employment across the region and opportunities for greater integration of the different facets of longer-term planning.
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Page 76 of 123 With our partners from the ministries of Economic Development, Job Creation, and Trade; Transportation; Infrastructure; Finance; Agriculture, Food and Rural Affairs; and the province’s Open for Business Division, we will be holding stakeholder discussions this summer. These discussions will focus on ways to maximize the use of the zones as tools in investments, infrastructure planning and economic activity.
In the interim, if you have any questions, concerns or ideas, feel free to contact the representative in my office, Jae Truesdell, Senior Policy Advisor – Planning, Zoning & Development at [email protected]. You may also contact Cordelia Clarke Julien, Assistant Deputy Minister, Ontario Growth Secretariat, Ministry of Municipal Affairs and Housing at [email protected] or at 416-325-5803 for any process-related matters.
Thank you once again for sharing your input. I value your feedback and look forward to continuing to work together in the months ahead.
Sincerely,
Original signed by
Steve Clark Minister c: Brian Raymond, Chief Building Official Peter Avgoustis, CAO Kari Stevenson, Clerk
3
Page 77 of 123 ______1525 Cornwall Road, Unit 22 I Oakville, Ontario I L6J OB2 Telephone 289-29 1-64 72 WWW. OGRA.org
Municipality of Trent Lakes 701 County Road #36 P.O. Box 820 Bobcaygeon, ON KOM 1AO
Attention: Janet Clarkson Mayor
Dear Mayor Clarkson:
At the 2019 Ontario Good Roads Association conference a resolution was passed at the Annual General Meeting requesting that OGRA approach the Rural Ontario Municipal Association to establish a working relationship to organize an annual Combined Conference.
I sent a letter to ROMA Chair, Allan Thompson on February 28, 2019. A copy of the letter and resolution are attached. OGRA has now received a response from ROMA stating that they are not prepared to enter into discussions with OGRA. The response from ROMA is also attached.
The OGRA Board of Directors fully understands why Ontario municipalities are better served by ROMA's and OGRA's collaboration in delivering a conference. OGRA feels that our collective members benefit financially. By extension the municipal sector sees the strength of having its representative organizations working together.
OGRA remains prepared to have discussions with ROMA concerning recombining our conferences however if our shared members want to see a return to one combined event, they must also have those discussions directly with ROMA.
OGRA knows that as an organization our best and most meaningful work is still ahead of us and we look forward to the challenge of providing exceptional value to our members.
Yours truly,
Rick Kester, President
------Ontario Good Roads Association - -a
Page 78 of 123 "JI• .(f ; ... - - . . - -- ·_ ·_ ._·_.. ~:· <· .·. . '" :.. -:~ .. :. ~- ·_ .... ·. .. .. : ·. -· -~--- -. ... ~. .:·_. ·. ~ , · . 1525 Cornwall. Roac!. .Unif, 22 I OakVille, Ontario· I L6J 082: Telephone 289-291-6472 www.OGRA.org
February 28, 2019 f -
Rural Ontario Municipal Association · 200 University Avenue Suite 801 j Toronto, ON M5H 3C6 l ' Attention: Allan Thompson,. Chair !
{ - . --
Dear Allan: l
It was very nice talking with you at our 125th Ont~.rio Good Roaqs Assoc;iation l Conference. As you may be- c1ware althe OGRA Annuat::General Meeti11g a· resolution l was tabled by Mayor Steve Salonin, Municipality ofMarkstay~Warren. In bis covering i email he stated _the resolution was approved by th~ "area mayors". The Munidjpality of ! 1 Markstay-Warren is located just east of-Sudbury.
A.copy of the fµII resolution is attached. The operativ~ cl~use read$ as follows:
THEREFORE BE IT RESOLVED that th~ QGRA Board approach the ROMA Board to establish a working relationship to organizing an Annual ROMA/OGRA Combined conf$rence. ·
The r~solution was putto the floor at the AGM. Two delega.tes spoke in support and the resolution was passed.
Members of our OGRA Soard would like to arrangE? to meet with you_ anq your colleagues on ROMA to explore this issue f1,1rthe.r in order to achieve a.new agreement for a combfned conference to better serve each of our memb~!~-
Pleasedet us know when you would be available to discuss this further.
Yours truly,
;')"'.:(-·. . ··' ·. v1 ' . ~. Rick A Kester, President
' ======·Ontario Good ·Roods A.ssociationd.
Page 79 of 123 Resolution ••• l
WHl;REAS since the separation of the ROMA/ OGRA annual combined
conference in 2017 attending both events separately are becoming j costly and unattainable to small.er communities.
AND WHEREAS the previotJs combined··ROMA-f OGRA Annual Conference provided the opportunUy of member municipalities to participate and benefit from both organizations in an efficient and cost effective manner to better serve their constituents.
THEREFORE BE IT RESOLVED that the OGRA Board-approach the ROMA· . Board to e~t~bli~:h /wbrkin.g'r~la:tiqh~hipto·organ.iti.ng an'A·n~:u·a.1 ·_' ...... ·. •. ,, . . }.'. ROMA/OGRA Combined'tbnference;- · :_ · · · · ..... •t'.
-~. - ...
. ;::-.,
. -', ·, . ' .. . . '··' .. , . . .
Page 80 of 123 ~- • R&MA Rural Ontario ' • • • ~ ', • .' J • Municipal Association
Mr. Rick A. Kester President Ontario Good Roads Association 1525 Cornwall Road, Unit 22 Oakville ON L6J 082
March 22, 2019
. . ~= . ; .. .:..-~ ...... ·. ~ -. !..,..; .... ~ • t ~- ":. ~· ~. :... . ·- ...... -· - ·.. ..- •• - • - • k ,:- Dear Mr. Kester:
Re: OGRA resolution on the working relationship between OGRA and ROMA.
Thank you for your letter of February 28, 2019, and the attached OGRA resolution.
The resolution was the subject of considerable discussion at a recent meeting of the ROMA Board. On ~ehalf of the ROMA Board, let me begin by saying the intention of the resolution is fully and greatly appreciat_ed, _We believe A reflects a. long and-· . productive working rela~ionship between our organiza_tions in the service_ of our· . respective constituencies. The· BcJard weko"mes the opportunity to work .. collaboratively with OGRA in areas of shared int~_rest and cqmmoo· purpose, and we .···. look forward to those discussions in the future. · · · · · · · · ·.·· · ·
The decision in 2016 by the ROMA Board to offer its own conference, in the service of Ontario's rural municipalities, was not taken lightly.. It followed many meetings on how a renewed partnership might be established. The final decision reflected the ROMA Board's commitment and responsibility to ensure that the unique needs and voices of rural Ontario are clearly, fully, and powerfully expressed. ROMA is a political organization and its objectives include public policy advocacy for the entire spectrum of municipal services-delivered-by rural municipal-governrn-ents~ -That b-readth-of issues, and the political nature of ROMA's relationship with the Government of Ontario, are now reflected in our conference programming.
The ROMA conferences in 2017, 2018 and 2019 have allowed ROMA to better meet the needs of its constituents and have strengthened ROMA's influence and ability to advocate on behalf of the municipalities it serves. The ROMA Board believes it has a responsibility to maintain this momentum.
Consequently, the Board is not prepared to enter into discussions with OGRA for the purpose of combining our respective conferences at this time.·
200 University Ave. Suite 801 www.roma.on.ca Tel 416. 971.9856 Toll Free in Ontario Toronto, ON, M5H 3C6 [email protected] Fax 416. 971.6191 877.426.6527
Page 81 of 123 2
Thank you again for your letter. Please accept the ROMA Board's best wishes for the continued success of OGRA.
Yours truly,
Allan Thompson Chair, ROMA cc. ROMA Board
200 University Ave. Suite 801 www.amo.on.ca Tel 416. 971.9856 Toll Free in Ontario Toronto, ON, M5H 3C6 [email protected] Fax 416. 971.6191 877.426.6527
Page 82 of 123
May 21, 2019
Attention: Municipality of Trent Lakes Mayor Janet Clarkson and Council
Re: Support for Mandated Recycled Content in the Manufacture of Plastic Bags
Dear Mayor Clarkson and Council,
At the County Council meeting of May 15, 2019, County Council passed the following resolution: 236-2019 Moved by: Councillor Taylor Seconded by: Councillor Lambshead
Be it resolved that Council authorize the County of Peterborough to become a cosignatory to the industry-led request letter to the Canadian and United States Governments to mandate a minimum recycled content in the manufacture of plastic bags, and further; That the industry-led request letter be forwarded to all lower tier municipalities. Carried
Further to Council’s resolution, I am providing the industry-led request letter for your consideration. If you have any questions, please feel free to contact me at 705-775-2737, x3300. Regards,
Tara Stephen Manager, Waste Management County of Peterborough
Encl.
310 Armour Rd Peterborough Ontario K9H 1Y6 Phone: 705-775-2737 E-mail: [email protected] www.ptbocounty.ca
Page 83 of 123
Keeping Plastics in the Circular Economy Recommendation for Recycled Content Minimum for Plastic Bags April 29, 2019
Last year, the Chinese government enacted a ban on the import of certain recyclables into their country. After many years of relying on Chinese markets as the primary outlet for low-value recyclable commodities, the global recycling industry has been struggling to find new end-markets. While high-value commodities like cardboard or water bottles can still be sold domestically, lower-value commodities like plastic bags are at the greatest risk of being landfilled or incinerated.
With limited markets, depressed pricing and uncertainty for the future, this is a difficult time for the recycling industry. However, today’s challenges present the opportunity to reimagine how we should manage materials that used to be shipped overseas. To support the creation of local, long-term end-markets, we, the cosignatories of this call to action, are recommending government legislation and procurement policies to require 20% post-consumer recycled (PCR) content in garbage bags and plastic carryout bags by 2025.
Recommended Minimum PCR in Recommended Minimum PCR in Garbage Bags: Plastic Carryout Bags: • 10% by 2020 • 10% by 2021 • 15% by 2022 • 15% by 2023 • 20% by 2024 • 20% by 2025
Chinese Import Ban On January 1, 2018, China officially banned the import of 24 types of recyclable commodities, including bales of plastic bags. Suddenly, the Chinese market, which had previously imported half of the world’s recycled paper1 and half of North America’s recycled plastic bags,2 was closed. Several countries have followed China’s lead with Vietnam, Malaysia and Thailand ratifying similar import bans on recyclables. Preliminary analysis by More Recycling has estimated that 600 million pounds of plastic bags collected for recycling in North America in 2018 was landfilled or incinerated due to lack of end-markets.3 The North American recycling industry cannot wait for the uncertain return of Asian recycling markets; now is the time to fill the void and invest in domestic recycling infrastructure.
Decline in Prime Resin Pricing Although the general public has become more aware of the problem of plastic pollution over the last year, this awakening has not yet slowed the global growth of plastic production. For example, ExxonMobil has recently announced that it plans to pump 25% more oil in 2025 than it did in 2017.4 With more oil available, more plastic will be produced, and virgin plastic pricing will continue to drop. In a market flooded with virgin plastic, it will be very difficult for recycled plastic to compete.
Developing a Circular Economy in North America To transition from a linear economy to a circular economy, the demand for recycled content must match the production of recyclable materials recovered from the residential and commercial sectors. A circular economy prioritizes the reuse Figure 1. Linear vs. circular economy model. of what is already available over the extraction and disposal Government of the Netherlands. of natural resources. Unfortunately, the traditional linear
1 De Freytas-Tamura, Kimiko. 2018. Plastics Pile Up as China Refuses to Take the West’s Recycling. NY Times. 2 More Recycling. 2018. 2016 National Post-Consumer Plastic Bag & Film Recycling Report. MoreRecycling.com. 3 More Recycling. Personal communication, Feb. 27, 2019. 4The truth about big oil and climate change. Feb.9, 2019. The Economist.
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economic model still prevails. The oil and prime resin industries in North America are highly subsidized, totalling over $40 billion per year in fossil fuel extraction subsidies.5,6 For example, a new plastic production facility being built in Alberta has received $200 million in government funding to produce polypropylene (a material which could be made from post-consumer recyclables) from natural gas.7 Comparable incentives for the recycling industry do not exist.
Since residential recycling programs began in North America, there has been a narrow policy focus on increasing diversion rates. Engaging residents to participate in curbside recycling programs was a necessary effort to provide a supply for the recycling industry, but an equivalent focus on “demand” has not yet been seen. International brands are increasingly making commitments to improve the recyclability of their packaging, but those promises are not always accompanied by a corresponding commitment to include recycled content in their packages. While this market demand may eventually develop organically through consumer demand, legislation or public commitments to use recycled content can push the circular economy towards a lasting reality.
Why Focus on Plastic Bags? In theory, plastic bags are made of a highly recyclable resin that could be recycled many times without losing material integrity. In reality, most plastic bags in use today will not go on to a second life through recycling. The lack of demand for high-value applications for plastic resin created from recycled plastic bags has stunted the development of the plastic bag recycling industry in North America. For years, recycled plastic bags have been limited to more durable end-use applications such as composite lumber. Use of recycled content in more sensitive, high-performance applications, like plastic bags, has been rare. This limited demand, in turn, has meant limited investment in processing capacity to convert recycled bags back into a resin product that can be used in manufacturing.
While there are challenges to creating new plastic bags with recycled content, there is no doubt that it can be done. For example, Ontario-based EFS-plastics Inc. has been supplying 100% PCR plastic resin to manufacturers like Inteplast Group to create plastic bags with recycled content ranging from 10-25% PCR content. While Inteplast Group has made a commitment to invest in recycling, their dedication is not yet the industry standard. We believe a recycled content mandate would encourage other producers to follow what EFS-plastics, Inteplast Group and others have already shown is possible.
In today’s culture, plastic bags have gained notoriety for being a symbol of pollution and wastefulness. In a 2017 Ocean Conservancy Report on coastal cleanups, they found that plastic bags are among the top ten most common items found littering shorelines.8 Creating a strong market demand for PCR plastic bags could help reduce their presence as pollution. Including recycled content in plastic bags would also significantly reduce carbon emissions, as 1 tonne of recycled plastic is approximately equivalent to a reduction in 1.45 tonnes of carbon emissions.9 For example, if all plastic bags sold in the Canadian marketplace used 20% recycled content, carbon emissions would be reduced by 38,100 tonnes per year – the equivalent of 29,700 cars taken off the road.
Approximately 290 million pounds of plastic bags used in Canada on an annual basis10 Impact if PCR content was used in all Canadian plastic bags: PCR Recycled resin needed8 Carbon emissions avoided 11 Equivalent reductions9 Level 10% 13,200 metric tonnes 19,000 metric tonnes Emissions from 14,800 cars 15% 19,700 metric tonnes 28,600 metric tonnes Emissions from 22,200 cars 20% 26,300 metric tonnes 38,100 metric tonnes Emissions from 29,700 cars
5 Global Subsidies Initiative. Unpacking Canada’s Fossil Fuel Subsidies. International Institute for Sustainable Development. 6 Chen, Han. 2018. G7 Countries Waste $100 Billion a Year on Coal, Oil, and Gas. NRDC. 7 The Canadian Press. 2017. Inter Pipeline green-lights $3.5B petrochemical project to produce plastic. Global News. 8 Ocean Conservancy. 2017. Together for Our Oceans: International Coastal Cleanup 2017 Report. International Coastal Cleanup. 9 Zmak, Irena & Hartman, Carina. 2017. Current state of the plastic waste recycling systems in the European Union and in German. Technical Journal. 11, 3: 138-142. 10 Canadian Plastics Industry Association. Personal communication, November 1, 2018. 11 Greenhouse Gas Equivalencies Calculator. 2017. Energy & Environment Department. United States EPA.
Page 85 of 123
Proposed Pathways to Enact Recycled Content Mandates In the wake of a collapsed recycling export market and rising public concern about plastic waste, we are calling for increased commitments to use PCR film resin. We encourage all levels of government to consider how they can increase their use; specifically, we are highlighting two mechanisms to increase the use of PCR film resin: 1) government legislation and 2) green procurement policy.
1. Government legislation requiring PCR film We believe recycled content mandates are a direct, market-driven approach to encourage the growth of the recycling industry. While some stakeholders in the industry have advocated for voluntary recycled content commitments, they are an unlikely driver for real change. Some companies may choose to use recycled plastic to meet their corporate social responsibility goals of reducing waste or carbon emissions, but those goals often take a back seat to the financial bottom line.
Recycled content mandates have been evaluated and implemented in many jurisdictions across North America and internationally. Manufacturers producing packaging for these marketplaces have had to adopt new procedures and find new suppliers to meet governments’ requirements. The following legislation has provided strong market signals to plastic film recyclers to invest in additional capacity:
• Since 1990, the state of California has had legislation requiring all trash bags sold in the state to include 10% post-consumer resin.12 • As a clause in California’s state-wide bag ban, all reusable film bags purchased at checkout in retail stores must include 20% PCR content since 2016 and must include 40% by 2020.13 • In March, Washington State Senate also passed a statewide bag ban which included a clause that all reusable film bags purchased at checkout in retail stores must include 40% PCR content by 2020. This bill is currently pending house approval.14
Where possible, we ask other government entities to mandate the use of PCR content in garbage bags and/or plastic carryout bags sold within their jurisdiction.
2. Green procurement policy Governmental bodies have significant purchasing power – 13% of total GDP in Canada and 9 % in United States.15 This power can help drive down costs, but it also presents the opportunity to demand environmentally preferred goods and services. While many green procurement policies will call for the use of recycled content in printing paper, it is less common to see this required in garbage bags. We specifically call upon all levels of government to require their suppliers to source garbage bags with minimum PCR content.
We are proposing a 20% PCR content minimum as a realistic goal that would have a significant impact on how recycled plastic bags are used. While a lower target would be easier for manufacturers to integrate from one day to the next, it would be unlikely to lead to a lasting commitment to use increasing amounts of post-consumer content. We believe that a 20% goal is ambitious enough to require investment to be made in recycling infrastructure. While any commitment to recycled content is certainly a step in the right direction, we believe the industry is ready to handle a more substantial step towards circularity.
Recommendation In summary, we are requesting that you consider the following recommendation: • Whether it be accomplished through legislation or procurement policy, we recommend increasing the use of PCR content in garbage bags and plastic carryout bags to at least 20% by 2025. In order
12 Recycled Content Trash Bag Program. CalRecycle. 13 Single-Use Carryout Bag Ban (SB 270). CalRecycle. 14 SB 5323 – 2019-20. Washington State Legislature. 15 Government at a Glance – 2017 edition: Public procurement. OECD.
Page 86 of 123
to meet this goal, we proposed a stepped timeline for both garbage bags (10% by 2020, 15% by 2022, 20% by 2024) and plastic carryout bags (10% by 2021, 15% by 2023, 20% by 2025).
This recommendation specifically encourages the use of “post-consumer” recycled content, which includes plastic that was used by a consumer for its intended purpose. There are a number of sources of post- consumer film including plastic bags brought back to a store drop-off, plastic bags sorted at a material recovery facility, agricultural film, boat wrap and post-commercial pallet wrap. We recommend verifying the use of PCR content through a third-party certification firm. Post-industrial recycled content produced as a by-product of manufacturing operations should not be included in this definition.
Again, we believe these recommended actions will help address several key issues. We believe commitments to a recycled content minimum will: • Lessen reliance on export markets for recyclables produced in North America, • Reduce carbon emissions by replacing the use of virgin plastic, • Reduce plastic litter by enhancing plastics’ value throughout its full life cycle, and • Boost the development of a lasting circular economy in North America.
The following co-signatories endorse this call to action:
Page 87 of 123 Legislative Services Michael de Rand 905-726-4771 [email protected]
Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1
May 15, 2019 Delivered by email [email protected]
The Honourable Doug Ford Premier of Ontario Premier's Office, Room 281 Legislative Building, Queen's Park Toronto, ON M7A 1A1
Dear Premier Ford:
Re: Town of Aurora Council Resolution of Tuesday, May 14, 2019 Re: Motion (a) Mayor Mrakas; Re: Response to Bill 108, the More Homes, More Choice Act
Please be advised that this matter was considered by Council at its meeting held on Tuesday, May 14, 2019, and in this regard Council adopted the following resolution:
Whereas the legislation that abolished the Ontario Municipal Board (0MB) and replaced it with the Local Planning Appeal Tribunal (LPAT) received unanimous, all-party support; and
Whereas all parties recognized that local governments should have the authority to uphold their provincially-approved Official Plans, to uphold their community-driven planning; and
Whereas Bill 108 will once again allow an unelected, unaccountable body to make decisions on how our communities evolve and grow; and
Whereas on August 21, 2018, Minister Clark once again signed the Memorandum of Understanding (MOU) with the Association of Municipalities of Ontario and entered into " ... a legally binding agreement recognizing Ontario Municipalities as a mature, accountable order of government."; and
Whereas this MOU is "enshrined in law as part of the Municipal Act' and recognizes that as " ... public policy issues are complex and thus require
Page 88 of 123 Re: Town of Aurora Motion (a) Response to Bill 108, the More Homes, More Choice Act May 15, 2019 Page 2 of 3
coordinated responses ... the Province endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest"; and
Whereas by signing this agreement, the Province made " ... a commitment to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact"; and
Whereas Bill 108 will impact 15 different Acts: Cannabis Control Act, 2017; Conservation Authorities Act; Development Charges Act; Education Act; Endangered Species Act, 2007; Environmental Assessment Act; Environmental Protection Act; Labour Relations Act, 1995; Local Planning Appeal Tribunal Act, 2017; Municipal Act, 2001; Occupational Health and Safety Act; Ontario Heritage Act; Ontario Water Resources Act; Planning Act; and Workplace Safety and Insurance Act, 1997;
1. Now Therefore Be it Hereby Resolved That the Town of Aurora oppose Bill 108, which in its current state will have negative consequences on community building and proper planning; and
2. Be It Further Resolved That the Town of Aurora call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision-making for housing growth that meets local needs will be reasonably achieved; and
;3. Be It Further Resolved That a copy of this Motion be sent to The Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, Andrea Horwath, Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and
4. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.
The above is for your consideration and any attention deemed necessary.
Page 89 of 123 Re: Town of Aurora Motion (a) Response to Bill 108, the More Homes, More Choice Act May15,2019 Page 3 of 3
Yours sincerely,
Town Clerk The Corporation of the Town of Aurora
MdR/lb
Copy: Hon. Christine Elliott, Deputy Premier Hon. Steve Clark, Minister of Municipal Affairs and Housing Andrea Horwath, Leader of the New Democratic Party All MPPs in the Province of Ontario Association of Municipalities of Ontario All Ontario Municipalities
Page 90 of 123 Petrolia Town Council Resolution Form
Date: May 13, 2019 Resolution#: C- ~d ~ 05/ /3/,9d'f
MovedBy:CouncillorFicld Seconded by: Lf~ f/A,1~ WHEREAS on the May 13, 2019 regular council agenda, correspondence item 12 q) was received from the Ontario Good Roads Association;
AND WHEREAS as during the 2019 OGRA conference AGM a resolution was passed regarding the re-establishment of an annual combined conference for both OGRA & ROMA;
AND WHEREAS as a past attendee of the combined conferences, it makes great sense for the OGRA & ROMA conferences to be returned to a combined conference effort each February, not only financially for the municipality but also for availability for participation of members of Council and staff;
NOW THEREFORE BE IT RESOLVED that the Council of the Town of Petrolia support the original resolution passed at the OGRA AGM to re-establish a combined OGRA & ROMA conference;
AND FURTHERMORE that a letter be sent to the ROMA Board of Directors, outlining our support for a collaborative OGRA ROMA annual combined conference, and that this letter of support be circulated to the Ontario Municipalities, and the OGRA Board of Directors;
Carried Deferred Defeated
Loosley, Brad Deighton, Wade
Declaration of Conflict of Interest
-~~----~-~ ______declared their interest, abstained from the discussion and did not vote on the matter.
Page 91 of 123 Regular Council Meeting Resolution Form
Date: April 16, 2019 No: RESOLUTION - 131-2019
Moved by Councillor Scott Brum Disposition; CARRIED
Seconded by Councillor Heather Lang Item No: 9.1
Description: Request for Support #1-4 2. Councillor Scott Brum - Government of Ontario E-Learning
RESOLUTION:
WHEREAS the Government of Ontario is proposing education adjustments; AND WHEREAS the Government of Ontario announced that secondary school students will be required to take four (4) out of the thirty (30) high school credits as online courses; AND WHEREAS thirty (30) credits are required for an Ontario high school diploma, the government is not providing rural Ontario with the same broadband access as the rest of the Province; AND WHEREAS throughout much of rural and northern Ontario, broadband service is lacking, making e-learning impossible, and may set our students up for a two-tier education system due to the lack of internet access; AND WHEREAS online e-learning will disproportionately affect students with special needs, who may need more attention from their teachers, and students in low-income families, who may not have access to a laptop and internet at home to do their online course work; THEREFORE BE IT RESOLVED THAT the Township of McNab/Braeside respectfully requests the Premier of Ontario to reconsider these on line courses until rural Ontario students can be given the same opportunity to access the internet as the urban students; BE IT FURTHER RESOLVED THAT this motion be circulated to Ontario Premier Doug Ford, Minister of Education Lisa M. Thompson, MPP of Renfrew-Nipissing-Pembroke John Yakabuski, MP of Renfrew-Nipissing-Pembroke Cheryl Gallant, all Municipalities in the Province of Ontario, AMO, and ROMA.
Recorded Vote Requested by ____ Declaration of Pecuniary Interest_~~~~~~ Yea Nay Disclosed his/her/their inlerest(s). vacated ho/her/their seat(s). abstained from discussion and did not vote T. Pecketl 8. Armsden H. Lang S. Brum 0. Jacob
Page 12 of 18
Page 92 of 123
Township of The Archipelago 9 James Street, Parry Sound ON P2A 1T4 Tel: 705-746-4243/Fax: 705-746-7301 www.thearchipelago.on.ca
May 17, 2019
19-078 Moved by Councillor Ashley Seconded by Councillor Frost ______
RE: Bill 108, the More Homes, More Choice Act, 2019
WHEREAS, the Government of Ontario has introduced Bill 108, The More Homes, More Choice Act, which amends 13 different Acts with the stated objective of stimulating the supply of housing in the Province of Ontario;
AND WHEREAS, Schedule 9 of the proposed legislation would amend the Local Planning Appeal Tribunal Act, reverting many of the practices and procedures of the tribunal to those of the former Ontario Municipal Board, thereby allowing an un-elected, unaccountable body to make important planning decision for our community;
AND WHEREAS, Schedule 12 of the proposed legislation would make multiple amendments to the Planning Act and, specifically, would reduce the timelines for making decision related to official plans, zoning by-laws and plans of subdivision, further impeding a municipalities ability to make important planning decision at the local level and reducing appeals to the Local Planning Appeals Tribunal;
AND WHEREAS, Schedule 5 of the proposed legislation would amend the Endangered Species Act, thereby establishing a Species at Risk Conservation Fund, enabling a charge in lieu of meeting requirements to adequately protect species at risk and their habitat;
AND WHEREAS the government of Ontario has not adequately consulted with the municipalities with respect to this proposed legislation, and;
NOW THEREFORE BE IT RESOLVED that Council for the Township of The Archipelago opposes Schedules 9, 12, and 5 of the proposed legislation highlighted above, as they will have a negative impact on our community and therefore call for their removal from the Bill;
AND NOW THEREFORE FURTHER BE IT RESOLVED that Council for the Township of The Archipelago request the Government of Ontario to halt the legislation and properly engage and consult with Municipalities before further considering the proposed legislation.
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Page 93 of 123
BE IT FURTHER RESOLVED that a copy of this resolution be sent to The Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, Andrea Horwath, Leader of the New Democratic Party, Norm Miller, Parry Sound Muskoka MPP, Association of Municipalities of Ontario, and all Ontario Municipalities.
Carried.
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Page 94 of 123 Memorandum
To: Mayor and Members of Council From: Corporate Services Department Date: June 4, 2019 Re: By-laws on Agenda
On today’s agenda, there are by-laws to be considered by Council which do not have their own report to Council or were not part of the Public Meeting. Below is a brief description of what they are or why they are coming forward.
• B2019-065 is a Zoning By-law Amendment for Crowe for ZBA File No. 17-36. The Public Meeting for this file was held on November 7, 2017 and a decision was postponed until a submission of consent application was submitted to the County and a consent agreement was entered into. Please refer to the attached report that was presented at the March 6, 2018 Council Meeting for background information. • B2019-066 is the Consent Agreement for the Crowe ZBA File No. 17-36.
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Page 95 of 123 Page 96 of 123 Page 97 of 123 Page 98 of 123 Page 99 of 123
The Corporation of the Municipality of Trent Lakes
By-law No. B2019-064 ______
A by-law to authorize the execution of an Agreement for a Building Improvement Grant under the Community Improvement Plan between 1587306 Ontario Ltd. (c/o April Sherwood) and The Corporation of the Municipality of Trent Lakes
Whereas the Council of The Corporation of the Municipality of Trent Lakes deems it desirable to enter into an agreement for a Building Improvement Grant under the Community Improvement Plan for the property municipally known as 1925 Lakehurst Road with 1587306 Ontario Ltd. (c/o April Sherwood, The Olde Ice House);
Now Therefore the Council of the Municipality of Trent Lakes hereby enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute an Agreement with 1587306 Ontario Ltd. (c/o April Sherwood, The Olde Ice House) for a Building Improvement Grant for the property municipally known as 1925 Lakehurst Road having Roll No. 1542-010-302-03900 attached hereto as Schedule ‘A’ and forming part of this by-law.
2. This by-law shall come into full force and effect upon the date of passage hereof.
Read a first, second and third time and passed this 4th day of June, 2019.
Janet Clarkson, Mayor
Kari Stevenson, Clerk
Page 100 of 123 Building Improvement Grant
This Agreement made this 4th day of June, 2019.
Between:
The Corporation of the Municipality of Trent Lakes (hereinafter referred to as the “Municipality”) and
1587306 Ontario Ltd., c/o April Sherwood. (hereinafter referred to as the “Applicant”)
Whereas the Applicant is the registered Owner of lands described in Schedule “A” attached to this Agreement (“the subject lands”) which are situated within the Community Improvement Project Area, and the Applicant has applied to the Municipality for a Building Improvement Grant (“Grant”) and the Municipality has agreed to make such a Grant pursuant to Section 28 of the Planning Act and under B2019-064;
And Whereas as a condition of approval of such a Grant, the Applicant is required by the Municipality to enter into this Agreement;
Now Therefore in Consideration of the Municipality making this Grant in the maximum amount of six thousand four hundred and thirty dollars ($6,430.00) (Building Improvement Grant) to the Applicant, the Applicant and the Municipality hereby agree:
1. Information on Subject Lands
1.1 The Grant shall apply to the subject lands as set out in Schedule “A” attached.
1.2 The subject lands are not designated under the Ontario Heritage Act.
2. Grant Eligibility
2.1 To be eligible for the Grant, the works on the subject land shall conform to and fulfill: a) the objectives and program requirements of the Building Improvement Grant and the Community Improvement Plan (“CIP”); and, b) any other requirements as specified by the Municipality.
2.2 The Applicant acknowledges that it has received and read a copy of the Municipality’s Community Improvement Plan Incentive Programs (the “Guide”), Buckhorn Hamlet Core Design Guidelines (the “Guidelines”) and the Municipality’s CIP in conjunction with the CIP Background Report, and the Applicant covenants with the Municipality that the subject lands shall be improved and the Grant provided for in this Agreement shall be applied in accordance with the Municipality’s objectives, policies and program requirements set out in the Program Guide, Guidelines, CIP and Background Report.
2.3 The Municipality shall review all cost estimates submitted in support of the Application in evaluating the estimated building costs eligible for the Grant, which costs, when designated by the Municipality shall constitute the maximum amount of the total grant to be paid. In the event the Municipality is not satisfied with said cost estimates, the Municipality may substitute their opinion of such amounts for purposes of calculating the eligible costs for the Grant. If the Municipality is not in receipt of sufficient information satisfactory to the Municipality to determine costs and the amount of the Grant, the application will not be processed and the application file will be closed. The decision of the Municipality regarding the total amount of eligible costs, the calculation of the total estimated maximum Grant and the calculation of the actual Grant payment is final, absolute and within the Municipality’s sole discretion.
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Page 101 of 123
2.4 The Grant will not be advanced by the Municipality until: a) a Grant Agreement has been signed and executed; b) the Applicant provides proof that all eligible work is complete; c) the Applicant provides proof that invoices for all eligible works have been paid; and, d) the building and/or property has been inspected by municipal staff.
3. Corporate Status
3.1 The Applicant represents to the Municipality that:
a) the Applicant has been duly incorporated as a corporation and is in good standing under the Business Corporations Act and is in compliance with all laws that may affect it and will remain so throughout the term of this Agreement; b) the Applicant has the corporate capacity to enter into this Agreement and to perform and meet any and all duties, liabilities and obligations as may be required of it under this Agreement; c) to the best of their knowledge, there are no actions, suits or proceedings pending or threatened against or adversely affecting the Applicant in any court or before or by any federal, provincial, municipal or other governmental department, commission, board, bureau or agency, Canadian or foreign, which might materially affect the financial condition of the Applicant or title to their property or assets; d) the Applicant shall notify the Municipality immediately of any material change in the conditions set out in paragraphs (a)-(c) above.
4. Provisions Relating to the Applicant
4.1 At the time of application for the Program, the Applicant shall have submitted to the Municipality for its review and acceptance a site plan, quotes for work to be undertaken and any other supporting documentation required by the Municipality.
4.2 The Applicant shall notify the Municipality if the Applicant has applied for, been approved for, or has received project funding from any other levels of government or government funded agencies, e.g., County, Provincial, Federal, Canada Mortgage and Housing Corporation, Federation of Canadian Municipalities, etc…). The Applicant will notify the Municipality immediately upon receiving any and all project funding from other levels of government even if said funding is received after the execution of this Agreement.
4.3 The Applicant will complete all eligible works as specified in the approved Grant application, and in documentation submitted in support of the Grant application, including but not limited to the design drawings, specifications, contracts, and cost estimates. As the Municipality is relying upon this information, if the information in this Agreement, the associated application, and/or any supporting documentation submitted to the Municipality is, in the opinion of the Municipality, incomplete, false, inaccurate or misleading, the Grant may be reduced and/or delayed, and/or cancelled, and where part or all of the Grant has already been paid by the Municipality, such payments shall be repaid by the Applicant as required by the Municipality.
4.4 The Applicant shall not commence any works that are the subject of a Grant Application prior to receiving approval of the Grant Application, approval and execution of this Agreement.
4.5 The Applicant agrees that the works undertaken shall be in compliance with all required Permits, in compliance with all applicable zoning by-law requirements, municipal requirements and other approvals required at law.
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Page 102 of 123 4.6 The Applicant shall complete all eligible Grant works within one (1) year of execution of this Agreement, failing which, unless extended by the Municipality, this Grant approval shall be at an end, there shall be no Grant, and this Agreement shall be terminated. The deadline imposed by this paragraph shall not include delays that are outside the control of the Applicant.
4.7 Upon completion of the project, the Applicant shall provide the Municipality with documentation satisfactory to the Municipality as to the amount of the actual costs of eligible works under the approved grant programs, incurred by the Applicant.
4.8 The Applicant shall ensure there are no liens or other claims outstanding in respect of the subject lands, and that all accounts for work and materials which could give rise to any claim for a construction lien against the subject lands have been paid.
4.9 The Applicant shall ensure that the Applicant is in compliance with the Construction Lien Act, including its holdback provisions and is not aware of any potential or unresolved Lien claim in respect of the redevelopment.
4.10 The Applicant agrees to comply with all outstanding work orders and/or orders or requests to comply from any and all Municipality departments prior to or as a condition of Grant approval.
4.11 The Applicant covenants to the Municipality that where the subject lands for any reason cease to be in the Applicant's name by sale, assignment or otherwise, prior to the advance of part or all of the Grant, the Applicant will notify the Municipality in writing of said pending ownership change at least 30 days prior to the ownership change taking place.
4.12 The Applicant acknowledges that without limiting the generality of the other provisions of this Agreement: a) the onus and responsibility is upon the Applicant at all times to assume all costs of works undertaken and maintenance and to apply for and obtain, at the Applicant's expense, all approvals required from the Municipality and all other agencies for said works, including but not limited to all Official Plan Amendments, Zoning By-law Amendments, minor variances, and site plan approval; b) nothing in this Agreement limits or fetters the Municipality in exercising its statutory jurisdiction under the Planning Act or under any other legislative authority or by-law and that in the event the Municipality decides to deny or oppose or appeal any such decision, that such action by the Municipality is not in any manner limited by reason of the Municipality entering into this Agreement; c) the Applicant releases the Municipality from any liability in respect of the Municipality’s reviews, decisions, inspections or absence of inspections regarding works undertaken and the Applicant agrees that it is the Applicant’s responsibility at all times to prepare and implement its works; d) nothing in this Agreement is intended to impose or shall impose upon the Municipality any duty or obligation to inspect or examine the land for compliance or non-compliance or to provide an opinion or view respecting any condition of development; and, e) nothing in this Agreement is intended to be or shall be construed to be a representation by the Municipality regarding compliance of the land with: (1) applicable environmental laws, regulations, policies, standards, permits or approvals, or, (2) other by-laws and policies of the Municipality.
4.13 If the Municipality determines in its sole discretion that any of the conditions of this Agreement are not fulfilled, the Municipality may at its sole discretion cease or delay payment of the Grant, and the Applicant agrees that notwithstanding any costs or expenses incurred by the Applicant, the Applicant shall not have any claim for compensation or reimbursement of these costs and expenses against
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Page 103 of 123 the Municipality, and that the Municipality is not liable to the Applicant for losses, damages, interest, or claims which the Applicant may bear as a result of the lapse of time (if any) where the Municipality is exercising its rights herein to either delay a Grant payment pending compliance with this Agreement, or to terminate this Agreement and require repayment of any Grant funds already advanced.
4.14 The Applicant shall indemnify and save harmless from time to time and at all times, the Municipality and its officers, employees, councillors, and agents from and against all claims, actions, causes of action, interest, demands, costs, charges, damages, expenses and loss made by any person arising directly or indirectly from: a) the Municipality entering into this Agreement; and b) any failure by the Applicant to fulfil its obligations under this Agreement.
This indemnification shall, in respect of any matter arising prior to the termination of this Agreement, remain in force following termination or expiry of this Agreement.
5. Provisions Relating to the Municipality
5.1 The Municipality agrees to provide a Grant to the Applicant estimated as of the date of this Agreement in the total amount of $7,265.90 subject to and in accordance with the terms and provisions set out in this Agreement.
5.2 The Building Grant will be paid upon proof that all eligible work has been completed, municipal review of paid invoices for eligible works and an inspection has been undertaken by municipal staff of the building and/or property.
5.3 The Municipality reserves the right to require a third party review or independent audit, at the Applicant’s expense, of all documentation submitted in support of the Application or during the administration of the Grant.
5.4 The Municipality, its employees and agents are entitled to inspect the subject lands and all fixtures and improvements upon the subject lands at any time during usual business hours for the purpose of ascertaining their condition or state of repair or for the purpose of verifying compliance with the provisions of this Agreement.
5.5 The Municipality retains the right at all times not to make any or all of the Grant payment or to delay payment where the Municipality deems that there is non- compliance by the Applicant with this Agreement.
5.6 Except where expressly stated in this Agreement, all conditions in this Agreement are for the benefit of the Municipality and may only be waived by the Municipality. No waiver is effective unless in writing.
6. Default and Remedies
6.1 The Applicant agrees to maintain in good repair the improvements for which the Grant is provided. In the event that the Applicant does not maintain in good repair said improvements, the Municipality may:
a) serve on the Applicant a written Notice to Repair detailing the particulars of the failure to maintain and the particulars of needed repairs; and, b) provide the Applicant with at least 30 days to make such repairs.
6.2 On the occurrence of default under this Agreement, the Municipality shall be entitled to its remedies to enforce this Agreement, including, but not limited to: a) delaying or ceasing the release of the Grant; b) requiring repayment of the Grant; and/or c) terminating this Agreement.
6.3 Default shall be deemed to occur upon any default of the Applicant in complying
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Page 104 of 123 with the terms set out in this Agreement, including, but not limited to, the following: a) the as constructed works do not comply with the description of the works as provided in the Application Form and Required Documents; b) the works are not undertaken in conformity with the Ontario Building Code and all applicable zoning requirements and planning approvals; c) the Applicant is in property tax arrears with respect to the property for more than 90 days; d) any representation or warranty made by the Applicant is incorrect in any material respect; e) failure to perform or comply with any of the obligations contained in this Agreement or contained in any other Agreement entered into between the Applicant and the Municipality; f) the Applicant makes an assignment for the benefit of creditors, or assigns in bankruptcy or takes the advantage in respect of their own affairs of any statute for relief in bankruptcy, moratorium, settlement with creditors, or similar relief of bankrupt or insolvent debtors, or if a receiving order is made against the Applicant, or if the Applicant is adjudged bankrupt or insolvent, or if a liquidator or receiver is appointed by reason of any actual or alleged insolvency, or any default of the Applicant under any mortgage or other obligation, or if the subject lands or interest of the Applicant in the subject lands becomes liable to be taken or sold by any creditors or under any writ of execution or other like process; g) construction ceases for a period of 60 days due to the Applicant’s default (strikes and Acts of God excepted) and/or the Applicant abandons the property or project; h) if this Agreement is forfeited or is terminated by any other provision contained in it.
6.4 The Municipality may, at its sole discretion, provide the Applicant with an opportunity to remedy any default.
7. Additional Provisions
7.1 The approved design drawings referred to may be amended by the Applicant and the Municipality from time to time, as they may agree.
7.2 Time shall be of the essence with respect to all covenants, Agreements and matters contained in this Agreement.
7.3 Schedule “A” attached to this Agreement forms part of this Agreement.
8. Notices
8.1 Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e-mail, by fax or by prepaid registered first class post, by party wishing to give such notice, to the other party at the address noted below:
Such notice shall be deemed to have been given: a) in the case of personal delivery, on the date of delivery; b) in the case of e-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and, c) in the case of registered post, on the third day, which is not a holiday, following posting.
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Page 105 of 123 Notice shall be given:
To the Applicant at: 1587306 Ontario Ltd. c/o April Sherwood, The Olde Ice House 1925 Lakehurst Road Buckhorn, ON K0L 1J0
To the Municipality at: Municipality of Trent Lakes 760 County Road 36 Trent Lakes, ON K0M 1A0
Attention: Peter Avgoustis, Chief Administrative Officer Phone: 705-738-3800 x235 Fax: 705-738-3801 E-mail: [email protected]
In Witness Whereof the parties hereto have hereunto affixed his hand and corporate seal duly witnessed and attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind their corporation.
Signed, Sealed and Delivered ) The Corporation of the Municipality of Trent ) Lakes In the presence of ) ) ) Janet Clarkson, Mayor ) ) ) ) Kari Stevenson, Clerk ) ) Business Name (Printed in Full) ) ) ) ) Name: 1587306 Ontario Ltd. ) Title: ) I/We have authority to bind the corporation. ) ) ) )
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Page 106 of 123 Schedule "A" of a Grant Agreement between the Municipality of Trent Lakes and the Applicant named in this Agreement.
Legal Description of land
Concession, 8, Part Lot 9, Plan 4, Part Block B, Registered Plan 45R2108, Parts 2 & 3
Known municipally as 1925 Lakehurst Road, Buckhorn, ON K0L 1J0
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Page 107 of 123 The Corporation of the Municipality of Trent Lakes
By-law No. B2019-065
A By-law to Amend By-law B2014-070 Otherwise Known as “The Municipality of Trent Lakes Comprehensive Zoning By- law”
Whereas the Municipality of Trent Lakes is in receipt of an application (17-36) to amend By-law No. B2014-070, as amended as required by the County of Peterborough Land Division Committee to fulfil a condition of Provisional Consent (File B31-18);
And Whereas pursuant to Section 34 of the Planning Act, R.S.O. 1990, as amended, By-laws may be passed by Council of municipalities for prohibiting or regulating the use of land and the erection and use of buildings or structures within the Municipality;
And Whereas the Council of the Corporation of the Municipality of Trent Lakes held a public meeting on November 7, 2017 as required by Section 34(12) of the Planning Act;
And Whereas the matters herein are in conformity with the Official Plan of the Municipality of Trent Lakes, as amended;
Now Therefore the Council of the Corporation of the Municipality of Trent Lakes enacts as follows:
1. Schedule “A” Map 5 of By-law No. B2014-070 as amended, is further amended by rezoning lands located in Concession 15, Part Lot 18, and described legally as part of Parts 6 and 8, Plan 45R-1233, part of Part 2, Plan 45R-2036, Part 2, Plan 45R-2010 in the former Geographic Township of Harvey, within the Municipality of Trent Lakes from the “Tourist Commercial (TC) Zone” to “Shoreline Residential-Private Access-73 (SR-PA-73) Zone” as shown on Schedule “A-1” attached hereto and forming part of this By-law.
2. Schedule “A” Map 5 is further amended by zoning lands located in Concession 15, Part Lot 18 and described legally as part of Parts 6 and 8, Plan 45R-1233 and part of Part 2, Plan 45R-2036, more specifically described as Parts 1, 2 and 3, Plan 45R-16794 in the former Geographic Township of Harvey, within the Municipality of Trent Lakes from the “Tourist Commercial (TC) Zone” to the “Shoreline Residential-Private Access-74 (SR-PA-74)(H) Holding Zone” as shown on Schedule “A-1” attached hereto and forming part of this By-law.
3. And Furthermore, Section 9 (“Shoreline Residential-Private Access (SR-PA) Zone”) is hereby amended by adding a new subsections, after Section 9.6.72:
9.6.73 Shoreline Residential-Private Access-73 (SR-PA-73) Zone
No person shall within any Shoreline Residential-Private Access-73 (SR-PA-73) Zone, being Concession 15, Part Lot 18, described legally as part of Parts 6 and 8, Plan 45R-1233, part of Part 2, Plan 45R-2036 and Part 2 Plan 45R-2010 in the former Geographic Township of Harvey, within the Municipality of Trent Lakes, use any land or erect, alter or use any building or structure except in accordance with the following provisions:
9.6.73.1 Permitted Uses
The permitted uses of the Shoreline Residential Private Access (SR-
Page 108 of 123 PA) Zone shall also be permitted in the Shoreline Residential-Private Access-73 (SR-PA-73) Zone.
9.6.73.2 Provisions
Notwithstanding the provisions of Section 9.3 of By-law 2014-070 to the contrary, a guest cabin existing as of the date of the passing of this By- law shall comply with the following:
a) Maximum Floor Area: 34 square metres;
b) Minimum Water Yard: 12 metres;
c) Minimum Setback from a Private Road: 3 metres;
d) The Minimum Flood Elevation of 247.12 mASl shall not apply to the guest cabin;
e) Plumbing and cooking facilities shall be permitted and the septic system existing as of the date of the passing of this By-law shall not be replaced.
9.6.74 Shoreline Residential-Private Access-74 (SR-PA-74) Zone
No person shall within any Shoreline Residential-Private Access-74 (SR-PA-74) Zone, being Concession 15, Part Lot 18 and described legally as part of Parts 6 and 8, Plan 45R-1233 and part of Part 2, Plan 45R-2036, more specifically described as Parts 1, 2 and 3, Plan 45R- 16794 in the former Geographic Township of Harvey, within the Municipality of Trent Lakes use any land or erect, alter or use any building or structure except in accordance with the following provisions:
9.6.74.1 Permitted Uses
Permitted uses of the Shoreline Residential Private Access (SR-PA) Zone shall also be permitted in the Shoreline Residential Private Access-74 (SR-PA-74) Zone.
9.6.74.2 Provisions
Notwithstanding the provisions of Sections 9.2.2 and 4.2 of By-law 2014-070 to the contrary, lands located in the SR-PA-74 Zone shall comply with the following:
a) Minimum Lot (Shoreline) Frontage shall be 32 metres;
b) Two existing accessory storage buildings shall be permitted in the absence of a principle dwelling and shall maintain a minimum setback from a private road of 4 metres for one building and 9 metres for the other building;
c) An existing cottage may continue to be used on a seasonal basis for habitable purposes but shall not be considered to be a dwelling for the purposes of 9.1.1 or 9.1.2 nor shall the existing cottage be enlarged, expanded or reconstructed. For the purpose of this provision a cottage is defined as an existing habitable structure containing a kitchen and plumbing facilities utilized on a seasonal basis for recreational purposes.
d) Lands located in the SR-PA-74 Zone are subject to a Holding (H) Provision. No building permit shall be issued until the following have been fulfilled:
Page 109 of 123 i. The existing cottage referred to in item c) has been demolished;
ii. The existing shared water line with the abutting lot to the west is decommissioned;
iii. An application for building permit for a new dwelling is submitted that is complaint with the provisions of By-law 2014-070 and is accompanied with a septic approval from Peterborough Public Health and confirmation of a potable water supply located on the same lot as the dwelling;
4. In all other respects, the provisions of Zoning By-law 2014-070 shall apply.
5. This By-law shall come into force on the date that it is passed by the Council of the Municipality of Trent Lakes, subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended.
6. The Clerk is hereby authorized and directed to proceed with the giving of notice under Section 34(18) of the Planning Act, R.S.O. 1990, as amended.
Read a first, second and third time and passed this 4th day of June, 2019.
Janet Clarkson, Mayor
Kari Stevenson, Clerk
Page 110 of 123
Schedule “A” to By-Law No. B2019-065 Schedule “A” to By-Law No. B2019- 065 Concession 15 Part Lot 18, and described legally as Part of Parts 6 & 8 Passed this 4th day of June, 2019 of Plan 45R-1233 Part of Part 2 Plan 45R-2036, Part 2, Plan 45R-2010, Township of Harvey, Municipality of Trent Lakes. Mayor, Janet Clarkson
Concession 15 Part Lot 18, and described legally as Part of Parts 6 & 8 of Plan 45R-1233 Part of Part 2 Plan Clerk, Kari Stevenson 45R-2036, more specifically described as Parts 1, 2 & 3 of Plan 45R-16794, Township of Harvey, Municipality of Trent Lakes.
Page 111 of 123
The Corporation of the Municipality of Trent Lakes
By-law No. B2019-066 ______
A By-law to authorize the execution of a Consent Agreement between Crowe, Kathryn and The Corporation of the Municipality of Trent Lakes
Whereas the Council of The Corporation of the Municipality of Trent Lakes wishes to enter into a Consent Agreement with Crowe, Kathryn respecting property legally described as Concession 15 Part Lot 18, Part of Parts 6 and 8, Plan 45R-1233 and Part of Part 2, Plan 45R-2036, more specifically described as Parts 1, 2 and 3, Plan 45R-16794, Geographic Township of Harvey, Municipality of Trent Lakes, having roll number 15-42-010-002-65100 respecting Zoning By-Law Amendment File No.17-36;
Now Therefore the Council of the Corporation of the Municipality of Trent Lakes enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute a Consent Agreement with Crowe, Kathryn respecting property legally described as Concession 15 Part Lot 18, Part of Parts 6 and 8, Plan 45R-1233 and Part of Part 2, Plan 45R-2036, more specifically described as Parts 1, 2 and 3, Plan 45R-16794, Geographic Township of Harvey, Municipality of Trent Lakes, having roll number 15-42-010-002-65100 respecting Zoning By-Law Amendment File No.17-36 as set out in Schedule ‘A’ attached hereto and forming part of this By- law.
2. This By-law shall come into full force and effect on the day of passing hereof.
Read a first, second and third time and passed this 4th day of June, 2019.
Janet Clarkson, Mayor
Kari Stevenson, Clerk
Page 112 of 123 THE CORPORATION OF THE MUNICIPALITY OF TRENT LAKES
CONSENT AGREEMENT
THIS AGREEMENT made in triplicate this 4th day of June, 2019.
BETWEEN: MS. KATHRYN CROWE hereinafter referred to as the “OWNER”
- AND -
THE CORPORATION OF THE MUNICIPALITY OF TRENT LAKES, hereinafter called the “MUNICIPALITY”
WHEREAS the OWNER is the owner in fee simple of a shoreline lot in the Municipality of Trent Lakes in the County of Peterborough being more particularly described in Schedule “A” attached hereto;
AND WHEREAS the OWNER has been granted Provisional Consent to sever lands (Application B31-18);
AND WHEREAS the OWNER is required as a condition of consent to enter into an agreement to formalize certain aspects of the future development of the lands to be severed;
NOW THEREFORE WITNESSETH that in consideration of other good and valuable consideration and the sum of ONE ($1.00) DOLLAR of lawful money of Canada now paid by the OWNER to the MUNICIPALITY, the receipt whereof is hereby acknowledged, the OWNER and the MUNICIPALITY covenant, declare and agree as follows:
SECTION I - LANDS TO BE BOUND
1) The lands to be bound by the terms and conditions of this Agreement (sometimes referred to as “the subject lands”), are located in the Municipality of Trent Lakes and are more particularly described in Schedule “A” attached hereto.
SECTION II - COMPONENTS OF THE AGREEMENT
1) The text, consisting of Sections I through VI, and the following Schedules, which are annexed hereto, constitute the components of this Agreement.
Schedule “A” - Legal Description of the Lands Subject to this Agreement
Schedule “B” - Site Plan
SECTION III - REGISTRATION OF AGREEMENT
1) The PARTIES agree that this Agreement must be registered against the OWNER’S lands within thirty (30) days of the execution thereof by the MUNICIPALITY;
SECTION IV – PERMITS AND APPROVALS
1) The OWNER agrees to not request the Chief Building Official to issue a building permit to carry out development of the land subject to this agreement until this Agreement has been executed by the OWNER and approved by Council.
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2) On any application for a Building Permit and prior to the issuance thereof, the OWNER shall submit such plans, specifications and approvals with respect to the project as are required by the MUNICIPALITY for the approval of the Chief Building Official.
SECTION V - PROVISIONS
1) The OWNER agrees that any site alteration provides for the grading or change in elevation or contour of the land and the disposal of storm, surface and waste water from the lands and from any buildings or structures in such a way as to ensure that the natural drainage is not altered in any way that will adversely impact or cause damage to any adjacent lands or private right-of-way.
2) The OWNER agrees to fulfill the recommendations and requirements of the Environmental Impact Study prepared by Oakridge Environmental Ltd. (ORE Reference 17-2300, dated April 2018) and to provide a copy of said report to any contractor engaging in site alteration and construction activities.
3) The OWNER agrees to develop the subject lands in general conformity with the site plan attached hereto as Schedule “B” and forming part of this Agreement.
4) The OWNER agrees that the existing cottage located on the subject lands is not a dwelling and may not be utilized as a permanent residence nor expanded, replaced or reconstructed.
5) The OWNER agrees that the existing cottage will be removed prior to submitting an application for a building permit for a new dwelling and any new dwelling and septic system will be compliant with the requirements of the Municipality’s Zoning By-law.
6) The OWNER agrees to decommission the shared water line with the abutting lands at the time a new dwelling is constructed on the subject lands.
7) The OWNER agrees to maintain the existing/opening corridor to the lakefront. No new openings or vegetation removal will be permitted along the shoreline.
8) The OWNER agrees to plant shrub species along the edge of the lakefront of the subject lands to improve the overall condition of the shoreline environment.
9) The OWNER agrees to install erosion/sedimentation controls at all times while heavy equipment is in operation at this site. Silt fencing (double-row) must be installed to identify the boundaries of the approved development envelope (i.e. work areas) and to serve as barriers to prevent construction activities from imposing any setbacks.
10) The OWNER agrees to install bales of straw inside the silt fencing, especially in areas where heavier sediment loads may occur during precipitation events. The bales can also be used at the corners of the silt fence to improve stability. Construction should not continue during heavy precipitation events. After heavy precipitation events, the OWNER agrees to check the bales to ensure they remain effective.
11) The OWNER agrees that if a concentrated flow results from the construction on-site, this may require another type of erosion/sedimentation control such as a rock check dam with geotextile filter clot to ensure any sediment laden runoff is prevented from leaving the construction area.
12) The OWNER agrees to only import clean fill to the site. The fill should not contain organic materials such as plant debris or topsoil that may carry with it exotic or invasive species that could out-compete native species in the on-site wetland. If imported topsoil is required, then screened topsoil should be the only material applied as top dressing.
13) The OWNER agrees that tree removal on-site will not be undertaken between May 1st and July 31st, corresponding to the main Breeding Bird period in the Migratory Bird Convention Act.
14) The OWNER agrees that tree removal will be limited only to the mid-portion of the site containing the main development footprint. No trees shall be removed within the existing stand of trees along the waterfront.
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15) The OWNER agrees that any/all disturbed areas will be quickly seeded or sodded with native grass species to re-establish the root structure within the upper soils and the OWNER is encouraged to plant native trees and shrubs at this stage. Once the seeding or sodding is determined to be a success and the soils are stable, the erosion/sedimentation controls can be removed.
16) The OWNER agrees to refrain from directing excessive lighting toward these habitats. It is recommended that only low wattage lighting be used to light driveways and paths in an effort to retain the natural integrity of these habitats and rural-type setting.
17) The OWNER agrees that the existing dock location should be utilized for any future dock access considerations and the OWNER is encouraged to consider a cantilever/pedestal type dock that minimizes its footprint in the water compared to other dock types. The OWNER agrees to obtain any requisite permit from Parks Canada with respect to a new or replacement dock.
18) The OWNER agrees if any subsequently identified species at risk are discovered on the property they will be left undisturbed in accordance with the Endangered Species Act, 2007.
19) The OWNER shall be aware of and comply with spatial separations as required by the Ontario Building Code.
20) The OWNER agrees to permit inspection of the subject lands by any Municipal Official or its authorized agent.
21) The OWNER agrees to reimburse the MUNICIPALITY for all costs associated with the preparation, administration, registration and processing of this Agreement.
SECTION VI - BINDING PARTIES, ALTERATION, AMENDMENT, EFFECT, NOTICE, PENALTY
1) This Agreement may only be amended or varied by a written document of equal formality herewith duly executed by the parties hereto and registered against the title to the subject lands.
2) This Agreement shall enure to the benefit of and be binding upon the respective successors and assigns of each of the PARTIES hereto.
3) The Agreement shall come into effect on the date of execution by the MUNICIPALITY.
4) Nothing in this Agreement shall relieve the OWNER from complying with all other applicable by- laws, laws or regulations of the MUNICIPALITY or any other laws, regulations or policies established by any other level of government. Nothing in this Agreement shall prohibit the MUNICIPALITY from instituting or pursuing prosecutions in respect of any violations of the said by-laws, laws or regulations.
5) The OWNER covenants and agrees to release and forever discharge the MUNICIPALITY from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the MUNICIPALITY to carry out any of its obligations under this Agreement, or, as a result of the MUNICIPALITY performing any municipal work on adjacent properties which may damage or interfere with the works of the OWNER, provided that such default, failure or neglect was not caused intentionally or through negligence on the part of the MUNICIPALITY, its servants or agents.
6) Any notice required to be given pursuant to the terms hereto shall be in writing and mailed or delivered to the other at the following address:
OWNER’S NAME AND ADDRESS: Ms. Kathryn Crowe 39 Fire Route 98 Trent Lakes, Ontario K0M 1A0
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AREA MUNICIPALITY: Clerk – Municipality of Trent Lakes 760 County Road 36 Trent Lakes, Ontario K0M 1A0
THIS AGREEMENT shall enure to the benefit of and be binding upon each of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF the OWNER and the MUNICIPALITY have caused their corporate seals to be affixed over the signatures of their respective signing officers.
THIS AGREEMENT was executed by the duly authorized signing officers of each party and sealed this 4th day of June, 2019.
SIGNED, SEALED AND DELIVERED in the presence of:
______Witness Signature of Owner
THE CORPORATION OF THE MUNICIPALITY OF TRENT LAKES
______Witness Janet Clarkson, Mayor
______Witness Kari Stevenson, Clerk
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SCHEDULE “A”
LEGAL DESCRIPTION
Concession 15, Part Lot 18 and described legally as part of Parts 6 and 8, Plan 45R-1233 and part of Part 2, Plan 45R-2036, more specifically described as Parts 1, 2 and 3, Plan 45R-16794, in the former Geographic Township of Harvey, in the Municipality of Trent Lakes
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SCHEDULE “B”
Site Plan
Page 118 of 123 Peterborough County Council Meeting – May 15, 2019
Moment of Silence and Swearing In Ceremony
Following the regular moment of silence, the regular council meeting began with the swearing in of Terry Lambshead, Alternate Member for the Municipality of Trent Lakes.
Council Delegations/Presentations
Trena DeBruijn, Director of Finance/Treasurer, announced that Yvette Peplinskie, Deputy Treasurer, has submitted her resignation from Peterborough County. Ms. DeBruijn thanked Ms. Peplinskie for her dedication and service over the past several years. Ms. Peplinskie thanked Council for the opportunity to serve the residents of Peterborough County.
Nick Cliteur, Commander, Peterborough Power and Sail Squadron made a presentation on Safe Boating Awareness Week. The local squadron has been in place for 60 years and promotes safe boating programs throughout the community. National Safe Boating week will focus on encouraging everyone to wear a life jacket, to not drink and boat, to take a boating skills course, to be aware of cold water risks and to be prepared. Council received the presentation and moved to proclaim May 18-24, 2019 as Safe Boating Awareness Week.
Linda Sunderland, Executive Director, Hospice Peterborough attended County Council to provide an update on the new facility and ongoing program delivery. In 2018, Hospice Peterborough served 422 clients from Peterborough County. Ms. Sunderland thanked County Council for their support of Hospice Peterborough.
Veronica Mason, Audit Manager, Baker Tilly KDN LLP attended council to present the 2018 Consolidated Financial Statements. Ms. Mason and Ms. DeBruijn responded to questions from Council members.
Referrals
Bryan Weir, Director of Planning, made a presentation to Council regarding the Sewage System Management agreement with Peterborough Public Health. Mr. Weir recommended that Council enter into an interim agreement with Peterborough Public Health for the provision of sewage system management services for up to one year. Mr. Weir also recommended that the Township
Page 119 of 123 of Douro-Dummer be removed from By-law #1998-23, at their request, and that staff be directed to form a Working Group, along with staff from Peterborough Public Health and municipal representatives, to address sewage system management services and report back to County Council. Council agreed to move forward with the interim agreement.
Standing Item – Orientation
Ms. DeBruijn provided an overview of the Finance department, as part of the ongoing Council orientation. The department is responsible for a number of services, including budgeting, taxation, financial reporting and auditing, accounts payable and receivable, payroll processing and procurement. In addition to routine activities, the Finance department is currently undergoing proposed revisions to the Procurement Policy, the implementation of budgeting software, and asset management compliance. Ms. DeBruijn responded to questions from Council members.
Staff Reports
Mr. Weir brought forward a report regarding the protection and enhancement of the tree canopy and natural vegetation within Peterborough County. The County already has related policies in place, under by-law, in relation to the County Official Plan and the County Forest Plan. The goal is to protect and enhance the natural resources of the area, including tree canopy, forestry and the protection of natural vegetation.
Chris Barry, Deputy Chief, Operations, brought forward a report for the awarding of the Fleet Maintenance contract for Peterborough County/City Paramedic vehicles to 564242 Ontario Limited o/a Liftlock City Freightliner. Council voted in favour of the recommendation.
Peter Nielsen, Manager, Engineering & Design, brought forward a report for the awarding of Tender T-01-2019 in relation to the rehabilitation of Gannon’s Narrows Bridge to Clearwater Structures Inc. Council voted in favour of the recommendation.
Doug Saccoccia, Assistant Manager, Engineering & Design, brought forward a report regarding the award for Tender T-09-2019 for Hot Mix Paving to Coco Paving Inc. Council voted in favour of the recommendation.
Mr. Saccoccia brought forward a report regarding the award for Tender T-06-2019 for the reconstruction of County Road 38 to Royel Paving, a division of CRH Canada Group Inc. Council voted in favour of the recommendation.
Mr. Saccoccia brought forward a report regarding the award for Tender T-12-2019 for Surface Treatment to Royel Paving, a division of CRH Canada Group Inc. Council voted in favour of the recommendation.
Page 120 of 123 Tara Stephen, Manager, Waste Management, brought forward a report requesting that Council authorize the County of Peterborough to support an industry-led request letter to the governments of Canada and the United States of America to mandate a minimum recycled content in the manufacturing of plastic bags. Council voted in support of the recommendation.
Staff Reports for Information Only
Staff reports for information only were received as presented.
Action Items
Council moved to receive and support the letter from the Township of Douro-Dummer regarding their request to be removed from the agreement with Peterborough Public Health for sewage system services.
Council moved to receive the resolution from the Township of Havelock-Belmont-Methuen requesting that the Province of Ontario make the use of a two-sided Stop/Slow sign featuring a flashing light on each side for any person performing the duties of a traffic control person.
Council voted to receive the resolution from the Region of Peel requesting that the Province engage with municipalities and existing Boards of Health before proceeding with any changes to the existing structure and funding of Public Health and Paramedic Services.
Council voted to receive the letter from the Town of Mono requesting that the Province maintain the Ontario Municipal Partnership Fund at no less than its current funding level.
Council voted to receive resolutions from the Township of Mulmur in regards to Aggregate Reform and funding levels for Ontario Library Services.
Council voted to receive the letter from the Municipality of Trent Lakes regarding their withdrawal from the award of Peterborough County’s Tender for Surface Treatment.
Committee Reports & Liaison Reports
Liaison Reports were received as presented.
Councillor Burtt provided a verbal summary regarding the Peterborough County Federation of Agriculture.
Page 121 of 123 Councillor Mitchell provided a verbal report regarding Peterborough Public Health, and how they are organized and funded. Proposed reductions from 35 to 10 health units, would see the consolidation of 4 health units to cover the Peterborough area, along with Durham Region, Northumberland County, the Cities of Kawartha Lakes and Peterborough, Haliburton County, Prince Edward County and Hastings County. Councillor Mitchell tabled a motion that would see Peterborough County reach out to local MPs to:
• work together to establish new boundaries for the regional public health agency that make sense for the residents of Curve Lake and Hiawatha First Nations, the County and City of Peterborough, taking into account the unique rural/urban mix of the area as well as the importance of serving First Nations populations • ensure the new board of health includes representation and a governance model that reflects our community’s interests and diversity including the unique public health needs of rural and First Nations residents • work together to effectively mitigate the financial burden on local municipalities, including maintaining a 30/70 municipal/provincial funding ratio • conduct a thorough consultation with local stakeholders, Municipalities and First nations prior to moving forward with the implementation in the new approach to public health to address concerns regarding the proposed changes to the restructuring of public health units.
Council voted in favour of the motion.
New Business
Councillor Taylor invited members of Council to attend the Ribbon Cutting ceremony for Sunderland Co-op at 3pm today.
Closed Session
Council arose from Closed Session with a report regarding the winners of the 2019 County of Peterborough Recognition Awards. The awards will be presented on Friday, May 24th at 7pm at the Ennismore Community Centre. A complete list of winners is available on the County’s website.
Page 122 of 123 The Corporation of the Municipality of Trent Lakes
By-law No. B2019-067 ______
A by-law to confirm the proceedings of the Special Council Meeting held on June 1, 2019 and the Regular Council Meeting held on June 4, 2019
The Council of The Corporation of the Municipality of Trent Lakes hereby enact as follows:
1. That the actions of the Council at the Regular Council Meeting held on June 4, 2019 in respect to each motion, resolution and other action being passed and taken by the Council at its said meeting are, except where prior approval of Local Planning Appeal Tribunal is required, hereby adopted, ratified and confirmed.
2. That the Mayor and proper officers of the Municipality are hereby authorized to do all things necessary to give effect to the said action or obtain approvals where required, and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the Corporate Seal to all such documents.
Read a first, second and third time and passed this 4th day of June, 2019.
Janet Clarkson, Mayor
Kari Stevenson, Clerk
Page 123 of 123