Agenda County Council - Regular
Meeting 9:30 AM - Wednesday, October 21, 2020 Electronic Participation
The Council Chambers will be closed due to COVID 19 precautionary measures.
This meeting is being held electronically and will be live streamed on the County of Peterborough's YouTube Channel.
For further information contact the Clerk at [email protected] Page
1. Call To Order
2. Land Acknowledgement
3. Moment of Silent Reflection/Silence
4. Adoption of Agenda Be it resolved that County Council adopts the agenda as circulated.
5. Disclosure of Interest
6. Adoption of Minutes
9 - 19 Be it resolved that County Council adopts the minutes of the Regular County Council meeting of October 7, 2020 as circulated. Minutes
7. Delegations and Presentations 21 - 32 a. 9:35 a.m. David Potts, City Solicitor & Janice Hoskins, Manager of Court Services Re: PRLC – POA 2021 Budget Requirements Be it resolved that County Council:
Page 1 of 149 County of Peterborough County Council - Regular Meeting Agenda Wednesday, October 21, 2020
Page 1. Receives the delegation from David Potts, City Solicitor and Janice Hoskins, Manager of Court Services, City of Peterborough regarding the 2021 PRLC – POA Budget Requirements. 2. Refers the financial request to the 2021 County of Peterborough budget deliberations. Presentation
8. Business Arising from a Previous Meeting a. Staff verbal update to questions raised at the October 7th County Council meeting regarding:
a. Tipping Fee for recyclable materials under 100 kg b. Bensfort landfill odour issue update c. Concerns moving forward with Compost facility at Bensfort landfill given landfill’s limited life span
9. Staff Reports
33 - 57 a. Planning Report prepared by: Bryan Weir, Director of Planning Re: PLG 2020-016 Sewage System Management Be it resolved that Report PLG 2020-016 Sewage System Management be received, and;
That Council pass a By-law authorizing the County of Peterborough to enter into an agreement with Peterborough Public Health, and the municipalities of Asphodel-Norwood, Cavan Monaghan, Havelock- Belmont-Methuen, Otonabee-South Monaghan, Selwyn and Trent Lakes for the management of sewage system responsibilities (including mandatory and non-mandatory inspections) and;
That By-laws 2019-47, 23-1998 and 26-1998 be repealed. Report Attachment 1 - Services Agreement for the Provision of Inspection Services Relating to Sewage Systems and Mandatory and Discretionary Sewage System Maintenance Inspections
59 - 89 b. Infrastructure Services - Infrastructure Programs Report prepared by: Peter Nielsen, Manager, Infrastructure Programs Re: INF 2020-21 Sign By-law – Signs on County Roadways Whereas at the August 26, 2020, meeting, Council directed staff to
Page 2 of 149 County of Peterborough County Council - Regular Meeting Agenda Wednesday, October 21, 2020
Page amend the draft County Sign By-law for private signs installed within a County road allowance as related to the installation of Bush Country Signs and Election Signs, to be brought back to Council for review at a future Council meeting;
Now therefore be it resolved that Council approve the By-law to prohibit and regulate the placing and erecting of signs, notices and advertising devices upon any County of Peterborough road or road allowance, for public reading and repealing of By-law No.’s 2007-55 and 2020-08; and further
That Council directs staff to undertake consultation with the lower tier municipalities related to the delegation of the authority to regulate the placement of election signs in County roadways that fall within their municipal boundaries for the purpose of preparing an Election Sign By-law for the consideration of County Council. Report Attachment 1 - Draft By-law
91 - 93 c. Finance Report prepared by: Doug Saccoccia, Manager, Engineering & Design and Chris Allen, Purchasing Supervisor Re: FIN 2020 047 – Council’s Approval to Award T-14-2020 Roadside Safety Devices, Supply & Installation Be it resolved that Council receives Report FIN 2020 047 – Council’s Approval to Award T-14-2020 Roadside Safety Devices, Supply & Installation, from the Manager, Engineering and Design and the Purchasing Supervisor; and further
That Council approves the award of Tender T-14-2020 Roadside Safety Devices, Supply & Installation to Peninsula Construction Inc. in the amount of $286,186.63 (including HST); and further
That a by-law be passed to authorize the County of Peterborough to enter into an Agreement with Miller Paving Limited for Tender T-14- 2020 Roadside Safety Devices, Supply & Installation. Report
95 - 99 d. Administration - Corporate Projects &Services Report prepared by: Sheridan Graham, Acting CAO/Director, Corporate Projects &Services Re: CPS 2020 051 Restructuring of the Budget Process Re-
Page 3 of 149 County of Peterborough County Council - Regular Meeting Agenda Wednesday, October 21, 2020
Page design Committee to Finance Committee Be it resolved that County Council approve the rename, amended mandate and term of the Finance Committee. Report Attachment 1 - Terms of Reference - Finance Committee
101 - 104 e. Administration - Clerk's Division Report prepared by: Kari Stevenson, Deputy Clerk Re: CPS 2020-50 – 2020 Warden’s Election Process Be it resolved that Council receive Report CPS 2020-50; and further
That, by a two-thirds vote, Council suspend the Rules of Procedure under Sections 28 and 30 of Procedure By-law No. 2020-04, and Schedules B, C and D, to allow for an alternative method for the election of Warden and the Nominating Committee to be held at the December 9, 2020 Special Council Meeting. Report
10. Staff Reports - Information Only 105 - 107 a. Finance Report prepared by: Chris Allen, Purchasing Supervisor Re: FIN 2020 042 Purchasing Awards – September 2020 Report
109 - 110 b. Finance Report prepared by: Trena DeBruijn, Director of Finance/Treasurer Re: FIN 2020-50 - Investment Report – August 2020 Report
111 - 120 c. Administration - Clerk's Division Report prepared by: Elizabeth Hope, Administrative Services Assistant Re: CPS 2020-049 Correspondence Report Report Ministry of Municipal Affiars and Housing Email Re A Message From the Minister Ministry of Finance Email Re Budget Consultations Township of Lake of Bays Letter Re Reform to the Municipal Policy Insurance
121 - 123 d. Administration
Page 4 of 149 County of Peterborough County Council - Regular Meeting Agenda Wednesday, October 21, 2020
Page Report prepared by: Warden J. Murray Jones Re: CAO 2020-031 Meetings Attended during September, 2020 Report
125 - 126 e. Administration Report prepared by: Deputy Warden Andy Mitchell Re: CAO 2020-032 Meetings Attended during September, 2020 Be it resolved that County Council receives the Staff Reports - Information Only items 10.a. through e. Report
11. Action Correspondence 127 - 132 a. County of Wellington resolution dated September 24, 2020 Re: Aggregate Resource Property Valuation and Advocacy Be it resolved that County Council receives/supports the County of Wellington's resolution dated September 24, 2020 regarding Aggregate Resources. Resolution
133 - 134 b. Loyalist Township resolution dated September 28, 2020 Re: Funding for community groups and service clubs affected by the pandemic Be it resolved that County Council receives/supports Loyalist Township's resolution dated September 28, 2020 regarding Funding for community groups and service clubs affected by the pandemic. Resolution
135 - 137 c. Township of Plympton-Wyoming resolution dated September 30, 2020 Re: Support of Resolution from the Municipality of Tweed - Cannabis Production Facilities, the Cannabis Act, and Health Canada Guidelines Be it resolved that County Council receives/supports the Township of Plympton-Wyoming's resolution dated September 30, 2020 regarding Support of Resolution from the Municipality of Tweed - Cannabis Production Facilities, the Cannabis Act, and Health Canada Guidelines. Resolution
139 d. Township of Blandford-Blenheim resolution dated October 7, 2020 Re: Unlicensed and unmonitored cannabis grow operations Be it resolved that County Council receives/supports the Township of
Page 5 of 149 County of Peterborough County Council - Regular Meeting Agenda Wednesday, October 21, 2020
Page Blandford-Blenheim's resolution dated October 7, 2020 regarding Unlicensed and unmonitored cannabis grow operations. Resolution
141 e. Township of Cavan Monaghan letter dated October 13, 2020 Re: Leaf and Yard Waste Be it resolved that County Council: 1. Receives the Township of Cavan Monaghan's letter dated October 13, 2020 regarding Leaf and Yard Waste. 2. Refers this matter to the Director, Infrastructure Services for a report back to Council. Letter
f. Rural Ontario Municipal Association (ROMA) Re: Delegation Requests (Deadline to submit requests is November XX, 2020) Be it resolved that County Council directs staff to make delegation requests to the Provincial Ministers on the subject matters noted below by the requested deadline:
Ministry Subject
12. Committee Minutes 143 - 149 a. Councillor Graham Budget Process Redesign Committee Re: Minutes of September 25, 2020 and October 8, 2020 Be it resolved that County Council: 1. Receives and adopts the Budget Process Redesign Committee meeting minutes of September 25, 2020 and October 8, 2020. 2. Approves the Finance and Budget Committee Terms of Reference. Minutes - September 25, 2020 Minutes - October 8, 2020 Finance Committee - Terms of Reference
13. Liaison Reports from External Committees, Boards and Agencies a. Referrals to Peterborough Regional Liaison Committee (if applicable)
14. Notices of Motion
Page 6 of 149 County of Peterborough County Council - Regular Meeting Agenda Wednesday, October 21, 2020
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15. Announcements
16. Closed Session (b) Personal matters about an identifiable individual, including municipal or local board employees (Municipal Employees).
17. Rise from Closed Session
18. Matters Arising from Closed Session
19. By-laws a. (Subject to Council Approval) A By-law prohibiting and regulating the placing and erecting of signs, notices and advertising devices upon any County of Peterborough road or road allowance (Refer to Staff Report Item 9.b.) (By-law No. 2020-70)
b. (Subject to Council Approval) A By-law to authorize the Corporation of the County of Peterborough to enter into a Services Agreement with the Board of Health for Peterborough County-City Health Unit and with the Townships of Asphodel-Norwood, Cavan Monaghan, Havelock-Belmont-Methuen, Otonabee-South Monaghan, Selwyn and the Municipality of Trent Lakes for the provision of inspection services relating to sewage systems and mandatory and discretionary sewage system maintenance inspections (Refer to Staff Report Item 9.a.) (By-law No. 2020-71)
20. Confirming By-law
21. Adjournment
Page 7 of 149 Page 8 of 149 Minutes County Council - Regular
Meeting 9:30 AM - Wednesday, October 7, 2020 Electronic Participation The Council Chambers were closed due to COVID-19 precautionary measures.
The meeting was held electronically and was streamed lived on the County of Peterborough's YouTube channel (Part 1, Part 2 and Part 3).
Present: Warden J. Murray Jones, Deputy Warden Andy Mitchell, Councillors Carolyn Amyotte, Rodger Bonneau, Lori Burtt, Bonnie Clark, Janet Clarkson, David Gerow, Matthew Graham, Jim Martin, Scott McFadden, Karl Moher, Sherry Senis, Joe Taylor, Jim Whelan, and Ron Windover Regrets: Staff Present: Trena DeBruijn, Director of Finance/Treasurer; Lynn Fawn, Manager, Legislative Services/Clerk; Kasper Franciszkiewicz, Manager, Waste Management; Sheridan Graham, Acting CAO/Director, Corporate Projects & Services; Randy Mellow, Chief of Paramedics; Grant Murphy, Director, Infrastructure Services; Peter Nielsen, Manager, Infrastructure Programs; Mary Spence, Director of Human Resources; Kari Stevenson, Deputy Clerk; Dan Sutherland, Asset Management Analyst and Bryan Weir, Director of Planning Guests: Staff Sergeant Chris Galeazza, Ontario Provincial Police
1. Call To Order A quorum of Council being present, Warden Jones called the meeting to order at 9:32 a.m.
2. Land Acknowledgement The Warden recited the Land Acknowledgement.
3. Moment of Silent Reflection/Silence Council observed a moment of silence to reflect on the duties and responsibilities required as Peterborough County Councillors.
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4. Adoption of Addendum Agenda 329-2020
Moved by Councillor Graham Seconded by Councillor Amyotte
Be it resolved that County Council adopts the addendum agenda as circulated. Carried
5. Disclosure of Interest There were no Disclosures of Interest.
6. Adoption of Minutes 330-2020
Moved by Councillor Moher Seconded by Councillor Senis
Be it resolved that County Council adopts the minutes of the Regular County Council meeting of September 23, 2020 as circulated. Carried
7. Delegations and Presentations There were no Delegations or Presentations.
At this point, County Council dealt with Item #16 and moved into Closed Session, however, the minutes reflect the order of the agenda.
8. Business Arising from a Previous Meeting a. Organizational and Service Delivery Review Working Group
The Warden announced his appointments to the Organizational and Service Delivery Review Working Group and advised the composition is as follows:
Warden, Deputy Warden, Councillors Sherry Senis, Jim Martin, Scott McFadden and Rodger Bonneau.
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9. Staff Reports a. Infrastructure Services - Administration Report prepared by: Grant Murphy, Director, Infrastructure Services Re: INF 2020 019 Agreement with Ontario Federation of Snowmobile Clubs
331-2020
Moved by Councillor Moher Seconded by Councillor Whelan
Whereas, on November 17, 2010 County Council approved a by-law authorizing agreements with the Ontario Federation of Snowmobile Clubs, District 2 and District 3 for the right to operate their trails on defined sections of County of Peterborough rights of ways; and
Whereas, the existing agreements with the Ontario Federation of Snowmobile Clubs, District 2 and District 3 require updating due to changes insurance requirements and requests to modify locations of trails on defined sections of County of Peterborough rights of ways;
Therefore Be it resolved that the report of the Director, Infrastructure Services, entitled “INF 2020 018 Agreement with Ontario Federation of Snowmobile Clubs (District 2 and 3)” be received, and further
That Council authorize an agreement with Ontario Federation of Snowmobile Club District 2 - Central Eastern Area Snowmobile Region for the right to operate their trails on defined sections of County of Peterborough rights of ways for a period commencing November 15, 2020 to April 15, 2021, with an automatic annual renewal clause; and further
That Council authorize an agreement with Ontario Federation of Snowmobile Club District 3 - Rice Lake Snowmobile Club for the right to operate their trails on defined sections of County of Peterborough rights of ways for a period commencing November 15, 2020 to April 15, 2021, with an automatic annual renewal clause, and further
That the Clerk be directed to repeal By-Laws 2010-83, 2010-89, 2010-90, 2010-91, 2010-92 and 2010-93; and further
That the Clerk be directed to prepare a By-law authorizing the Warden and Clerk to sign the agreements. Carried
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Page 11 of 149 b. Infrastructure Services - Infrastructure Programs Report prepared by: Peter Nielsen, Manager, Infrastructure Programs Re: INF 2020 14 – Project Update - James A. Gifford Causeway Widening
332-2020
Moved by Councillor Graham Seconded by Councillor McFadden
Be it resolved that the works identified in report INF 2020 14, culvert extension and environmental monitoring be approved to proceed and that the funding model be referred to the Budget Process Redesign Committee for review and a report back to Council. Carried c. Finance Report prepared by: Trena DeBruijn, Director of Finance/Treasurer Re: FIN 2020-044 – 2019 Surplus Allocation
333-2020
Moved by Councillor McFadden Seconded by Deputy Warden Mitchell
Be it resolved that County Council refer repot FIN 2020-044 to the Budget Process Redesign Committee for review and a report back to Council. Carried d. Finance Report prepared by: Trena DeBruijn, Director of Finance/Treasurer and Budget Process Redesign Committee Re: FIN - 2020-045 – 2021 Budget Consideration
334-2020
Moved by Deputy Warden Mitchell Seconded by Councillor Clark
Be it resolved that, County Council receive report FIN-2020-45 2021 Budget Implications; and further
That, Council direct the items identified to be considered as part of the 2021 budget process. Carried
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e. Administration - Clerk's Division Report prepared by: Sheridan Graham, Acting CAO/Director, Corporate Projects & Services and Kari Stevenson, Deputy Clerk Re: CPS 2020-48 – 2020 Election of Warden and Nominating Committee
335-2020
Moved by Councillor Taylor Seconded by Councillor Whelan
Be it resolved that County Council receives Report CPS 2020-48 and refers this matter back to staff to come up with an appropriate process and a report back to Council. Carried
10. Staff Reports - Information Only a. Finance Report prepared by: Trena DeBruijn, Director of Finance/Treasurer Re: FIN 2020-048 Quarterly Financial Report – June 2020
b. Finance Report prepared by: Trena DeBruijn, Director of Finance/Treasurer Re: FIN-2020-047 – Farm Property Class Tax Rate Program
c. Administration - Clerk's Division Report prepared by: Elizabeth Hope, Administrative Services Assistant Re: CPS 2020 47 Correspondence Report
d. Infrastructure Services - Waste Management Report prepared by: Kasper Franciszkiewicz, Manager, Waste Management Re: INF 2020 20 County Organics Waste Program Update
336-2020
Moved by Councillor Gerow Seconded by Councillor Moher
Be it resolved that County Council receives the Staff Reports - Information Only items 10.a. through d. Carried
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11. Action Correspondence a. Township of Wollaston resolution dated August 24, 2020 Re: Concerns Regarding the 2018 Municipal Elections
337-2020
Moved by Councillor Whelan Seconded by Councillor Bonneau
Be it resolved that County Council receives the Township of Wollaston's resolution dated August 24, 2020 regarding Concerns Regarding the 2018 Municipal Elections. Carried
b. United Counties of Prescott and Russell News Release dated April 22, 2020 Re: Innovative Food Hub Project for Eastern Ontario
338-2020
Moved by Councillor Taylor Seconded by Councillor Senis
Whereas on April 22, 2020 the United Counties of Prescott and Russell announced the creation of an innovative food hub in Eastern Ontario;
And Whereas in partnership with the private sector, the United Counties of Prescott and Russell will build a federal slaughterhouse, with food processing and distribution capacities to meet the needs of regional and national markets; And
Whereas this $36 million project will create 65 jobs and will be located in one of the United Counties of Prescott and Russell municipalities;
Therefore be it resolved that County Council supports the United Counties of Prescott and Russell and congratulates the municipality on this important innovative project. Carried
c. Eastern Ontario Wardens' Caucus (EOWC) resolution dated September 18, 2020 Re: COVID-19 Funding for Capital Purchases
339-2020
Moved by Councillor Clark Seconded by Councillor Burtt
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Page 14 of 149 Be it resolved that County Council supports the Eastern Ontario Wardens’ Caucus (EOWC) resolution dated September 18, 2020 regarding the utilization of funds provided through the Safe Restart Agreement; and further
That Peterborough County Council urges the Province of Ontario to provide municipalities with as much flexibility as possible in developing guidelines for the utilization of funds through the Safe Restart Agreement;
Be it resolved that municipalities be permitted to use these funds for capital purchases in response to COVID-19. Carried d. Township of Havelock-Belmont-Methuen resolution dated August 24, 2020 Re: Burnt Dam Bridge
340-2020
Moved by Councillor Gerow Seconded by Councillor Whelan
Be it resolved that County Council receives the Township of Havelock- Belmont-Methuen's resolution dated August 24, 2020 regarding the Burnt Dam Bridge and refers this matter to the Director, Infrastructure Services for a report back to Council. Carried
341-2020
Moved by Councillor Burtt Seconded by Councillor Bonneau
Be it resolved that County Council recess from 11:47 a.m. to 11:51 a.m. Carried Deputy Warden Mitchell left the meeting. e. Township of Havelock-Belmont-Methuen resolution dated September 21, 2020 Re: North-West Corner of Concession Street and Highway 7 Parking Issue
342-2020
Moved by Councillor Senis Seconded by Councillor Graham
Be it resolved that County Council receives the Township of Havelock- Belmont-Methuen's resolution dated September 21, 2020 regarding the North- West Corner of Concession Street and Highway 7 Parking Issue and refers this matter to the Director, Infrastructure Services for a report back to Council. Carried
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Page 15 of 149 f. Rural Ontario Municipal Association (ROMA) Re: Delegation Requests (Deadline to submit requests is November XX, 2020)
The Warden reminded Members of the upcoming ROMA Conference in January and advised if there are any matters they would like considered as a delegation request, to bring those matters forward at an upcoming meeting.
12. Committee Minutes a. Councillor Graham Budget Process Redesign Committee Re: Minutes of September 15, 2020
343-2020
Moved by Councillor Whelan Seconded by Councillor Clark
Be it resolved that County Council receives and adopts the Budget Process Redesign Committee meeting minutes of September 15, 2020. Carried
b. Councillor McFadden Peterborough Regional Liaison Committee Re: Minutes of September 10, 2020
344-2020
Moved by Councillor Gerow Seconded by Councillor Amyotte
Be it resolved that County Council receives and adopts the Peterborough Regional Liaison Committee meeting minutes of September 10, 2020 (Preliminary draft 2021 PCCP budget, Inclusion of EMS in next Development Charge Study, Increased tipping fees January 1, 2021). Carried
c. Councillor Windover Lang Pioneer Village Museum Advisory Committee Re: Minutes of September 29, 2020
345-2020
Moved by Councillor Clarkson Seconded by Councillor Graham
Be it resolved that County Council receive the Minutes of the Lang Pioneer Village Museum Advisory Committee dated September 29, 2020 and reappoint all current members of that Committee for a further two-year term. Carried
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Page 16 of 149 13. Liaison Reports from External Committees, Boards and Agencies a. Peterborough County Federation of Agriculture - Councillor Burtt
b. Peterborough Housing Corporation - Councillor Clarkson
346-2020
Moved by Councillor Taylor Seconded by Councillor Martin
Be it resolved that the Liaison Representative Reports and supporting documentation be received for information. Carried
c. Referrals to Peterborough Regional Liaison Committee (if applicable)
There were no referrals brought forward.
14. Notices of Motion There were no Notices of Motion.
15. Announcements a. Councillor Graham congratulated Peterborough Public Health and all other parties involved in securing a site for PARN's Harm Reduction program and for their critical work being done in the community.
b. Councillor Bonneau wished Council and County residents a Happy Thanksgiving.
c. Councillor Clarkson extended compliments to County staff for their handling of the sidewalk project occurring in the Village of Buckhorn.
d. Warden Jones advised the Township of Douro-Dummer will be holding a virtual Remembrance Day.
16. Closed Session 347-2020
Moved by Councillor Clark Seconded by Councillor Burtt
Be it resolved that under the authority of the Municipal Act, 2001, S.O. 2001, c. 25, s. 239(2) County Council move into closed session at 9:35 a.m. to consider:
(d) labour relations or employee negotiations (collective bargaining). Carried
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17. Rise from Closed Session 348-2020
Moved by Councillor Clark Seconded by Councillor Taylor
Be it resolved that County Council rise from closed session at 9:58 a.m. Carried
18. Matters Arising from Closed Session 349-2020
Moved by Councillor Bonneau Seconded by Councillor Burtt
Be it resolved that County Council adopts the Closed Session minutes dated September 23, 2020. Carried
19. By-laws a. A By-law to authorize the Corporation of the County of Peterborough to enter into an Agreement for Professional Contracting Services with Kawartha Capital Construction for the Delivery of Sodium Chloride (T-06-2020) (Refer to Staff Report Item 9.h. from the August 5, 2020 Council meeting) (By-law No. 2020- 66)
b. A By-law to authorize the Corporation of the County of Peterborough to enter into a Right of Use and Maintenance Agreement with OFSC District 3 – Rice Lake Snowmobile Club and to repeal By-law No. 2010-83 (Refer to Staff Report Item 9.a.) (By-law No. 2020-67)
c. A By-law to authorize the Corporation of the County of Peterborough to enter into a Right of Use and Maintenance Agreement with Central Eastern Area Snowmobile Region (CEASR) and to repeal By-law Nos. 2010-89, 2010-90, 2010-91, 2010-92 and 2010-93 (Refer to Staff Report Item 9.a.) (By-law No. 2020-68)
350-2020
Moved by Councillor McFadden Seconded by Councillor Gerow
Be it resolved that County Council passes By-law Nos. a. through c. and that these by-laws shall be signed by the Warden and the Clerk and sealed with the Seal of the Corporation. Carried
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20. Confirming By-law 351-2020
Moved by Councillor Senis Seconded by Councillor Amyotte
Be it resolved that County Council passes the confirming by-law to adopt, ratify and confirm the actions of Council at today’s meeting in respect to each report, motion, resolution or other action passed and taken by Council and that this confirming by-law shall be signed by the Warden and the Clerk, sealed with the Seal of the Corporation and Numbered. Carried
21. Adjournment 352-2020
Moved by Councillor Clark Seconded by Councillor Graham
Be it resolved that the County Council meeting adjourn at 12:18 p.m. Carried
J. Murray Jones, Warden
Lynn Fawn, Clerk
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Page 19 of 149 Page 20 of 149 2021 POA BUDGET PRESENTATION
Presented by: Janice Hoskins, Manager of Court Services
Page 21 of 149 & David J. Potts, City Solicitor Court Services
• Operates the POA Court under an agreement with the Province of Ontario through the Ministry of the Attorney General • The City is contractually obligated to provide all facilities, services and amenities within provincial policy and legislated frameworks, including ongoing audit requirements Page 22 of 149 Court Services Cont’d
• The number of charges issued is the primary driver of the POA court system, however the Court has no influence on the number of charges issued by enforcement agencies • Charges laid are based on the types of offences that occur and the enforcement resources available to address them • The number of charges fluctuates and the composition of the dollar value of the charges impacts the potential revenue Page 23 of 149 Court Services
• The cost of providing the service is paid out of gross fine revenues collected from POA charges • The sharing of the net revenue is based on a weighted assessment • 2021 - County share – 55.1% City share – 44.9% Page 24 of 149 Total Charges Filed – Part I, II & III
30,000 26,783 24,300 24,257 25,000 22,816
20,000
15,000 12,170 10,000
5,000
0 2016 2017 2018 2019 YTD 2020 Page 25 of 149 POA Details – Part I tickets Ministry Data In 2019…. 14,680 Part I tickets were filed with the court
• 56% of defendants did not dispute their ticket and paid the fine on time • 26% of defendants did not respond within the allotted time and were convicted on a Fail to Respond docket • 18% of defendants disputed their ticket and requested a trial or did a Walk-in-Guilty plea Page 26 of 149 POA Details – Part II Parking Tickets City Data
• In 2019, 6889 parking tickets were filed with the Court for conviction and collection • 366 requested a court date Page 27 of 149 POA Details – Part III Charges Ministry Data In 2019… 1,073 Part III charges were filed with the Court • 40% of defendants plead guilty before trial • 30% of matters were withdrawn or stayed • 30% of defendants proceeded to trial Page 28 of 149 Gross Revenues
$2,082,145 $2,034,742 $2,179,647 $1,948,274
$1,126,000
2016 2017 2018 2019 Q1-3 2020 Page 29 of 149 Defaulted Fines Collection
• The City combines in-house collection initiatives with the use of collection agencies. • We enforce fine payment on an escalating basis: • Written notice to defendant • Suspension of driver’s license or plate denial (where applicable) • Placement of fine with collection agency • Addition of fines to tax roll (where applicable) • Issuance of Writ of Seizure and Sale against property • Filing a judgment in Small Claims/Superior Court for garnishment of bank account and/or wages Page 30 of 149 2021 Collection Initiatives
• 3rd placement collection agency hired to collect fines over 10 years old • Tax rolling agreements continue to be made with other municipalities Page 31 of 149 Questions? Janice Hoskins email: [email protected]
David J. Potts email: [email protected] Page 32 of 149
The County of Peterborough
County Council
To: Warden and Members of Council From: Bryan Weir, Director of Planning Date: October 21, 2020
Subject: PLG 2020-016 Sewage System Management Recommendation: That Report PLG 2020-016 Sewage System Management be received, and; That Council pass a By-law authorizing the County of Peterborough to enter into an agreement with Peterborough Public Health, and the municipalities of Asphodel-Norwood, Cavan Monaghan, Havelock-Belmont-Methuen, Otonabee- South Monaghan, Selwyn and Trent Lakes for the management of sewage system responsibilities (including mandatory and non-mandatory inspections) and; That By-laws 2019-47, 23-1998 and 26-1998 be repealed.
Overview This report introduces an agreement for the management of sewage system responsibilities including mandatory and non-mandatory inspection responsibilities for the municipalities of Asphodel-Norwood, Cavan Monaghan, Havelock-Belmont-Methuen, Otonabee-South Monaghan, Selwyn and Trent Lakes. The Sewage System Management Working Group (SSMWG) worked over the past year and a half to develop this agreement. 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. On May 15, 2019, Council authorized the formation of a Sewage System Management Working Group (SSMWG) that was charged with 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. It
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also passed an interim agreement for the temporary extension of the then in-effect agreement. For the past year and a half, the SSMWG represented by staff of the 6 participating municipalities, Peterborough Public Health and the County have been working on an agreement for managing sewage system responsibilities. Initially, Council placed a 1-year time limit for this task. In March of this year, the Working Group was in the final stages of developing an agreement when COVID-19 changed the path to completion. Under the authority given to the CAO by Council under the state of emergency, a 6-month extension to November 18th, 2020 was granted in order to allow all to focus on COVID issues and then re-focus on the sewage system management agreement in time. On September 9th, 2020, Julie Ingram, Manager, Environmental Health for Peterborough Public Health (PPH), presented a report entitled "Safe Sewage Disposal Program – Services Agreement for the Provision of Inspection Services Relating to Sewage Systems Mandatory and Discretionary Sewage System Maintenance Inspections” and the draft agreement to the PPH Board of Health for consideration. The following is an excerpt from the report and reproduced here as it succinctly describes the efforts of the SSMWG, agreement details and rationale. “Sewage System Management Working Group (SSMWG) The SSMWG was formed in response to the recommendation by both the County of Peterborough and the Board of Health. The group’s purpose was to investigate and explore service delivery options for all activities related to sewage systems, including mandatory and discretionary maintenance inspections (septic re-inspections). Terms of Reference for the SSMWG were developed and the first meeting was held on July 15, 2019. The group was comprised of staff from the following agencies:
Township of Asphodel-Norwood; Township of Cavan Monaghan; Township of Havelock-Belmont-Methuen; Township of Otonabee-South Monaghan; Township of Selwyn; Municipality of Trent Lakes; Peterborough County; and Peterborough Public Health
During the first meeting, a round-table discussion was held in order to determine what was working well for service delivery and which areas required improvement. Overall, the working group members agreed that service delivery from PPH was appropriate and there was a desire to continue with this form of service delivery. Working group members identified some specific concerns related directly to operations, which have been and will continue to be addressed at an operational level. The Municipality of Trent Lakes raised concerns about the legality of the agreement, based on language for lower- and upper-tier municipalities entering into agreements with Boards of
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Health under the Building Code Act. Furthermore, the group discussed the current septic maintenance inspection program and possibilities for moving forward with provisions for various approaches to septic re-inspections. Peterborough Public Health agreed to develop a plan to present to the group with options for the delivery of the maintenance inspection programs.
To address the concerns raised by the Municipality of Trent Lakes, a subsequent meeting was held on September 12, 2019. The intent of the meeting was to discuss the legal interpretation surrounding signing authority, responsibility and liability for a new sewage agreement. The meeting was attended by staff from Peterborough County, the Municipality of Trent Lakes and PPH, as well as legal representatives from both the County and the Municipality of Trent Lakes. As a result of the discussion, a decision was made to create an agreement with eight signatories which included Peterborough County, the Board of Health and the six local municipalities choosing to continue to receive sewage-related services from the Board of Health.
This decision was brought back to the SSMWG on November 28, 2019 for discussion. There were no objections from the local municipalities and all agreed to become signatories, pending approval by the respective councils. Accordingly, staff from Peterborough County and PPH began work with the respective legal counsels on a comprehensive draft agreement for review in early 2020.
Also during the November 28 SSMWG meeting, two approaches to discretionary septic maintenance inspections were outlined in a report by PPH. This was prepared in response to the needs of various municipalities as identified by working group staff, looking for options for discretionary maintenance inspection programs. At the time, the report and associated “basic” and “advanced” approaches were supported by working group members.
Development of the New Agreement A new draft agreement was presented to SSMWG members via e-mail on January 17, 2020 and discussed at a working group meeting on January 22, 2020. During the meeting, the working group collaboratively reviewed and edited the agreement. The group discussed next steps, which included direction for each staff representative from each agency to have the agreement reviewed by other municipal staff and/or legal counsel. Working group members were asked to provide requested edits or changes in writing by February 7, 2020 to both Peterborough County and PPH staff for review and consideration.
Feedback and edits from the group were incorporated and additional support and review was obtained from legal representatives for both the County and PPH. A proposed draft agreement was finalized by the working group, with the intent to take the proposed agreement to the Board of Health in March, 2020. At that time, some additional feedback was received regarding the discretionary maintenance inspection approaches that had been proposed (basic and advanced) and the desire to incorporate a third party approach. Concurrently, Peterborough Public Health
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activated its Emergency Response Plan in response to the COVID-19 pandemic resulting in the delay of the presentation of the proposed agreement to the Board of Health. Due to the health unit’s emergency response, the County of Peterborough agreed to extend the existing agreement for a period of six months, to November 18, 2020.
Between March and September, 2020, PPH staff conversed and consulted with various municipal council representatives and municipal and County staff representatives in order to incorporate some additional flexibility and a third party approach for the discretionary program. The draft agreement presented in Appendix A is the result of the additional engagement and includes the third party approach.
RATIONALE Continuing to have PPH implement and deliver services related to onsite sewage systems ensures that the primary objectives of environmental and public health protection are achieved. Furthermore, PPH has the expertise and tools to operationalize maintenance inspection programs, as well as all historical records for sewage systems in the County of Peterborough (dating back to 1976), which facilitates program delivery. If PPH continues to assume responsibility as the principal authority for Part 8 of the Ontario Building Code for the parties to the agreement, implementation of discretionary maintenance inspection programs remains the Board of Health’s responsibility. This will help to ensure that maintenance inspection programs are established consistently within the County of Peterborough, regardless of which approach is used.
The proposed term of this agreement is four (4) years, with a provision for automatic renewal of the agreement for one additional four-year term (section 7.01). This term and the provision for automatic renewal was in response to the needs identified by staff of local municipalities to reduce the administrative burden of ongoing, frequent renewals. The significance of having a separation between the four-year periods is to ensure that parties to the agreement will have an opportunity to meet and review program delivery to confirm that all needs are being met.
Article Seven of the proposed agreement provides clear language and requirements for any party to terminate their participation in the agreement, and the associated implications for the remaining parties. Additionally, the proposed agreement requires a transition plan to be established when a party chooses to terminate, which will help to ensure a smooth termination and transition for the parties, as well as for members of the public. Including this language provides an exit strategy for a local municipality who wishes to conduct septic-related services in-house, as well as for the Board of Health, given the uncertain future of local public health delivery in Ontario. Working group members had a significant role in deliberating and determining the proposed timeframes associated with notice, termination and transition. In setting these timeframes, the needs of all parties as identified by staff sitting on the working group were taken into account and Article Seven provides a manageable and realistic exit strategy for all parties. Perhaps of more interest is the fact that this article also
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includes the ability for a non-participating local municipality to opt-in and utilize the services provided by the Board of Health.
The proposed agreement has been drafted based on feedback received from members of the working group. Acceptance of the proposed agreement by the Board of Health will allow for ongoing partnerships between PPH and municipal staff, and facilitate the continuation of a respected safe sewage disposal program operated by Peterborough Public Health.” At the Board of Health meeting held September 9th, 2020, the PPH staff report was received and the agreement approved. Direction was then given to PPH staff to approach the County and participating municipal Councils to seek their required approvals prior to November 18, 2020.
The draft Agreement, which has been endorsed by the Board of Health, the Working Group and County Staff, is attached to this report. County staff, therefore, support Council authorizing the Clerk and Warden to enter into the agreement with all the parties.
For administrative purposes, the following associated by-laws need to be repealed:
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 to exclude the Township of Douro-Dummer,
By-law 23-1998: A By-law to Assume Responsibility for Sewage System Inspections and Matters of Compliance thereof as Contained in The Building Code Act,
By-law 26-1998: A By-Law to Authorize the Warden and the Clerk to Sign an Agreement Between the Corporation of the County of Peterborough and the Peterborough County- City Health Unit for Sewage System Inspection and Matters of Compliance thereof as Contained in The Building Code Act, 1992, as Amended.
Financial Impact There is no financial impact to the County. The agreement utilizes a cost-recovery model whereby all fees collected for program activities including applications, permits and file searches, are used to offset PPH operational expenses. The new agreement for sewage system services includes an updated fee schedule. See Schedule A to the agreement for details. The proposed fee increases are minimal in nature and are intended to offset operational expenses, based on the assumption that the number of applications, permits and file searches for 2020 will remain the same as 2019. Language has been included to align with the Building Code Act and the Ontario Building Code that allows for annual fee adjustments, if needed, as prescribed by legislation.
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Anticipated Impacts on Local and/or First Nations Communities This agreement will allow for the continuation of sewage system management responsibilities to be undertaken by the involved municipalities and Peterborough Public Health.
Link to County of Peterborough Strategic Plan Priorities To provide high quality services to residents, businesses and Townships. ☐ Communications ☒ Financial Responsibility ☐ Housing ☒ Industry & Business ☒ Infrastructure ☐ Organizational Development
In consultation with: 1. Acting CAO, Sheridan Graham 2. Julie Ingram, Manager, Environmental Health, Peterborough Public Health Communication Completed/required: None, since all involved local municipalities are processing the agreement. Attachments:
1. Services Agreement for the Provision of Inspection Services Relating to Sewage Systems and Mandatory and Discretionary Sewage System Maintenance Inspections Respectfully Submitted,
Original Signed by:
Bryan Weir Director of Planning
For more information, please contact Bryan Weir, Director of Planning [email protected] (705) 743-0380 ext. 2400
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Services Agreement for the Provision of Inspection Services Relating to Sewage Systems and Mandatory and Discretionary Sewage System Maintenance Inspections
This Agreement dated this XX day of October, 2020.
Between:
Board of Health for Peterborough County-City Health Unit (hereinafter called the "Board of Health")
- and –
The Corporation of the County of Peterborough (hereinafter called the "County")
-and-
The Township of Asphodel-Norwood The Township of Cavan Monaghan The Township of Havelock-Belmont-Methuen The Township of Otonabee-South Monaghan The Township of Selwyn, and, The Municipality of Trent Lakes (hereinafter called “Local Municipalities”)
Whereas this Agreement is being entered into pursuant to Section 6.2 of the Building Code Act, 1992, S.O. 1992, C. 23 as amended (hereinafter called the "Act"), for the purpose of delegating to the Board of Health certain responsibilities under the Act and Ontario Regulation 332/12 as amended (hereinafter called the “Building Code”), as set out herein with respect to sewage systems;
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 properties are not connected to municipal sewers 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.
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Article Two Definitions
Section 2.01: In this Agreement,
(i) “Discretionary Maintenance Inspection” means a Maintenance Inspection as set out in section 10.1.1 of Division C, Part 1 of the Building Code.
(ii) "Inspector" means an inspector appointed under section 6.2(3) of the Act.
(iii) “Maintenance Inspection” shall be as defined in the Act.
(iv) “Mandatory Maintenance Inspection” means a Maintenance Inspection as set out in section 1.10.2 of Division C, Part 1 of the Building Code.
(v) "Sewage System" shall be as defined in the Building Code.
Article Three Services of the Board of Health
Section 3.01 Services: The Board of Health shall be responsible for all matters related to the administration and enforcement of the Act or Building Code relating to Sewage Systems in relation to the Lands including but not limited to the following functions:
(a) Sewage System Services:
(i) Receive and process applications and requests related to activities listed in paragraphs (ii) through (vii) 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 to determine the suitability of the property for a Sewage System.
(iii) Issue permits under the Act and Building Code relating to Sewage Systems.
(iv) Following the issuance of a permit, inspect and re-inspect in accordance with the requirements of the Building Code Sewage System installations to ascertain compliance with the permit and other requirements under the Act and/or Building Code.
(v) Conduct land inspections as necessary to determine the acceptability of applications for, but not limited to, minor variances or lot line adjustments, official plan amendments and zoning by-law amendments as they relate to existing and proposed Sewage Systems to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems.
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(vi) Conduct inspections 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) 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.
(viii) Maintain records of all documents and other materials used in performing the duties required under this Agreement.
(ix) Upon reasonable notice by a Party to this Agreement, provide reasonable access to the Party of all records kept under subsection 3.01 (viii).
(x) Respond to inquiries made by any person under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 and related Regulations, as amended from time to time, or through any other legal channel.
(xi) 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.
(xii) Issue Orders under the Act relating to Sewage Systems.
(xiii) Prepare documentation necessary for enforcement activities relating to Sewage Systems under the Act and Building Code. Administer proceedings relating to Sewage Systems pursuant to the Act and the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended from time to time.
(xv) Provide all forms necessary for the administration of this Agreement.
(b) Mandatory & Discretionary (Non-Mandatory) Maintenance Inspections of Sewage Systems:
Provide all inspections, documentation, reporting, and enforcement activities related to Mandatory Maintenance Inspections and Discretionary Maintenance Inspections.
Section 3.02 Maintenance Inspections:
(i) The Board of Health shall follow the Advanced Approach as outlined in Schedule B to this Agreement for Mandatory Maintenance Inspections.
(ii) In determining whether or not to implement a Discretionary Maintenance Inspection program in a Local Municipality, the Board of Health shall consult with the Local Municipality and shall act in a manner consistent with the advice of the Local Municipality regarding the implementation and whether to follow the Basic,
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Advanced, or Third Party Approach as outlined in Schedule B. A decision to implement a Discretionary Maintenance Inspection program will not be made without providing at least 6 months’ notice by either party, unless such notice requirement has been mutually waived.
Section 3.03 Planning Comments: The Board of Health shall provide reports and/or comments on applications for, but not limited to, zoning by-law amendments, minor variances, site plan agreements and severances directly to the appropriate planning authority relating to Sewage Systems on the Lands.
Article Four Collection of Fees
Section 4.01
(i) 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 Board of Health hereunder as compensation for its services provided hereunder and all persons required to pay, shall pay the fee to the Board of Health.
(ii) Mandatory Maintenance Inspections of Sewage Systems: Each Local Municipality is responsible for payment of the fees to the Board of Health for Mandatory Maintenance Inspections conducted within its boundaries.
(iii) Discretionary Maintenance Inspections of Sewage Systems: Each Local Municipality is responsible for re-payment of the fees to the Board of Health for Discretionary Maintenance Inspections conducted within its boundaries, unless inspection fees are charged by a third party provider.
(iv) The Board of Health may invoice each Local Municipality on a quarterly basis for Maintenance Inspections, and payment of fees by the Local Municipality to the Board of Health must be remitted within 60 days from the date of invoice.
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.
Section 4.03 Amendment of Fee Schedule: The Board of Health may review the fee schedule annually. In the event that the Board of Health needs to make changes to the Fee Schedule, it shall follow the process set out in section 7 of the Act and 1.9.1.2 of Division C of the Building Code. The Board of Health shall notify the Parties to this Agreement of any proposed change to the Fee Schedule in advance of the statutory public meeting. The Parties acknowledge and agree that any change to the Fee Schedule pursuant to this section shall not require an amendment to this Agreement. Any change to the Fee Schedule approved by the Board of Health shall be provided to the Parties and shall be publicly available at the Board of Health’s office.
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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 for the inspection of Sewage Systems 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 and local municipalities 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.
Section 6.02 Insurance: For the term of this Agreement and any renewals thereto, 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 C. The County and Local Municipalities shall be named as additional insureds on the policy of the Board of Health. The Board of Health shall provide a certificate of insurance annually to the County and local municipalities.
Article Seven Term, Termination of Agreement, and Township Opt-in
Section 7.01 Term: This Agreement shall commence on November XX, 2020 and shall end on November XX, 2024 unless terminated earlier in accordance with the terms hereof. Following the conclusion of the Initial Term of four (4) years, this agreement shall automatically renew for one (1) additional four (4) year Term, subject to the right of any Party to terminate as provided in Section 7.02.
Section 7.02 Termination:
(i) This Agreement shall not be subject to any right of termination by any party or parties unless the party (or parties) wishing to have the Agreement terminated has given a minimum six (6) months’ written notice to the other parties.
(ii) Upon receipt of a notice of termination, this Agreement shall continue in full force and effect for the remaining parties for a period of one (1) year from the date of notice of termination, at which point this Agreement shall terminate unless amended by the remaining parties. The remaining parties to this Agreement agree to make good faith efforts to renegotiate the Agreement prior to the termination date.
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(iii) Notwithstanding section 7.02(ii), in the event the Board of Health provides a notice of termination, this Agreement shall terminate on the date set out in the notice of termination, which shall not be less than six (6) months from the notice of termination, provided that the parties may negotiate a termination date up to twelve (12) months from the notice of termination.
Section 7.03 Transition: When a party or parties to this Agreement provide a notice of termination, the applicable parties shall prepare a transition plan within two (2) months of the notice of termination which may include but is not limited to:
(i) the transfer of records; (ii) responsibility for open permits and building permit applications; (iii) responsibility for outstanding inspections to the termination date; (iv) allocation of fees; (v) administrative costs of file transfers; (vi) outstanding enforcement activities; and (vii) retention of reserve funds to address enforcement and potential legal claims.
Section 7.04 Township Opt-in: Any non-participating Local Municipality in the County of Peterborough wishing to opt-in and utilize the Services provided by the Board of Health under this Agreement shall be permitted to do so upon providing a minimum of six (6) months’ written notice to the Board of Health and the County. Accordingly, all Parties shall execute an amending document to add the non-participating local municipality as a Party to this Agreement.
Article Eight Dispute Resolution
8.01 Resolution of Disputes: If a disagreement or dispute arises between any of the parties to this Agreement with respect to the interpretation, construction or performance of the Agreement, including the Transition Plan contemplated by Section 7.04, which the parties are unable to resolve, such disagreement or dispute shall be determined by arbitration in accordance with and pursuant to the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 and the arbitrator’s decision shall be final and binding upon the parties and upon their respective successors and assigns and shall not be subject to appeal.
8.02 Arbitrators In the event that the parties cannot agree on an arbitrator, any party can apply to a single judge of the Superior Court of Justice in accordance with and pursuant to the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 to have an arbitrator appointed.
Article Nine Miscellaneous
Section 9.01 Preamble: The preamble hereto shall be deemed to form an integral part hereto.
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Section 9.02 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 9.03 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, and approved by by-law for each party, or otherwise as provided herein.
Section 9.04 Assignment: This Agreement shall not be assignable by any party hereto without the written consent of the other parties being first obtained.
Section 9.05 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 County-City Health Unit 185 King St. Peterborough, ON K9J 2R8 Attention: Medical Officer of Health
(b) To the County
The Corporation of the County of Peterborough 470 Water St. Peterborough, ON K9H 3M3 Attention: Clerk
(c) To the Township of Asphodel-Norwood
The Corporation of the Township of Asphodel-Norwood 2357 County Road 45 P.O. Box 29 Norwood, Ontario K0L 2V0 Attention: Clerk
(d) To the Township of Cavan Monaghan
The Corporation of the Township of Cavan Monaghan 988 County Rd 10 Millbrook, ON L0A 1G0 Attention: Clerk
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(e) To the Township of Havelock-Belmont-Methuen
The Corporation of the Township of Havelock-Belmont-Methuen 1 Ottawa St. East PO Box 10. Havelock, Ontario K0L 1Z0 Attention: Clerk
(f) To the Township of Otonabee-South Monaghan
The Corporation of the Township of Otonabee-South Monaghan 20 Third Street PO Box 70 Keene, Ontario K0L 2G0 Attention: Clerk
(g) To the Township of Selwyn
The Corporation of the Township of Selwyn 1310 Centre Line P.O. Box 270 Swlwyn, Ontario K0L 1H0 Attention: Clerk
(h) To the Municipality of Trent Lakes
The Corporation of the Municipality of Trent Lakes 760 County Road 36 Trent Lakes, Ontario K0M 1A0 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, and electronically delivered, 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). Any party may at any time give notice in writing to the other parties of the change of its address for the purpose of this Section 9.05.
Any notice, report or other written communication may be delivered electronically, provided that delivery is not effective unless receipt of the electronic communication is confirmed in writing.
Section 9.06 Headings: The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction or effect of this Agreement.
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Section 9.07 Governing Law: The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario.
Section 9.08 Severability: If any term or provision of this Agreement or the application thereof to any party hereto shall to any extent be held to be void, invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to all parties other than those to whom it was held to be void, invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be separately valid and enforceable to the fullest extent permitted by law.
In Witness Whereof the parties hereto have executed this Agreement as of the day and year first written above.
Board of Health for Peterborough County-City Health Unit
______Chairperson
______Rosana Salvaterra, MD, CCFP, MSC, FRCPC 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
The Corporation of the Township of Asphodel-Norwood
______R. Bonneau, Mayor
______Candice White, Clerk
We have the authority to bind the Corporation
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The Corporation of the Township of Cavan Monaghan
______S. McFadden, Mayor
______Elana Arthurs, Clerk
We have the authority to bind the Corporation
The Corporation of the Havelock-Belmont-Methuen
______J. Martin, Mayor
______Bob Angione, Clerk
We have the authority to bind the Corporation
The Corporation of the Otonabee-South Monaghan
______J. Taylor, Mayor
______Heather Scott, Clerk
We have the authority to bind the Corporation
The Corporation of the Township of Selwyn
______A. Mitchell, Mayor
______Angela Chittick, Clerk
We have the authority to bind the Corporation
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The Corporation of the Municipality of Trent Lakes
______J. Clarkson, Mayor
______Jessie Clark, Clerk
We have the authority to bind the Corporation
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Schedule A Fees
Fees for Service Related to Sewage Systems
Service Type Fee Sewage System Permit for Class 4 Sewage System, design $750.00 Building Permits capacity less than or equal to 4500 litres per day
Permit for Class 4 Sewage System, design capacity greater than 4500 litres per day and less $1,200.00 than or equal to 10,000 litres per day
Permit for Class 4 Sewage System Tank $400.00 Replacement Only
Permit for Class 5 Sewage System (Holding Tank) $750.00
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 or $500.00 extension of 16 metres or less
Sewage System Permit for Filter Bed repair, $500.00 replacement or extension of 6 square metres or less
Transfer of permit to a new owner $375.00 Change of Use Permit Existing System Inspection (for Review of Existing $400.00 (Review of Existing) Sewage System applications) Rezoning or Minor Rezoning or minor variance comments requiring a $250.00 Variance site visit Severance or First lot $300.00 Subdivision Comments Each additional lot $150.00 Severance or First lot $300.00 Subdivision Each additional lot $150.00 Re-inspection Copies Copies of Archived permits $35.00 File Search File search (e.g., Lawyer, real estate), copies and $125.00 letter Mandatory Maintenance Maintenance inspections of sewage systems $325.00 Inspections Discretionary Basic Inspections $200.00 Maintenance Inspections Advanced Inspections $325.00 Additional Phase I Inspections (including follow-up $50.00 for a Third Party inspection)
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Schedule B Discretionary Sewage System Maintenance Inspection Options
Option 1: Basic Sewage System Maintenance Inspection Program (“Basic Program”) The basic program will be broken down into three stages:
1. File Search and Review 2. Phase I Inspection 3. Phase II Inspection (when necessary)
This program will apply to all classes of sewage systems that are more than ten years old. Upon completion of inspections and where appropriate, a maintenance inspection certificate will be issued by Peterborough Public Health (PPH) for the property.
File Search and Review – Basic On an annual basis, PPH will receive a list of properties subject to the discretionary maintenance inspection program from each Local Municipality. Upon receipt of this list, the file search and review stage will commence. This stage includes PPH contacting property owners to advise that the sewage system servicing their property is required to have a maintenance inspection.
Phase I Inspections – Basic PPH will determine the designated timeframe when each property on the list supplied by the municipality will receive the Phase I inspection. These inspections will typically occur from mid-May until the end of October. The Phase I inspection will include (but may not be limited to) the following actions: Removal of the septic tank lids; Observation of the overall septic tank construction (steel tanks will be identified and required to be upgraded); Internal inspection of the septic tank condition including inlet and outlet baffles and assessment of the levels of sewage within the tank; Identification of any signs of a malfunctioning sewage system including saturation or breakout over the leaching bed area, evidence of sewage backup, and odour problems; Identification of physical situations putting the sewage system at risk for immediate failure including poor septic tank condition, the location of structures too close to the septic tank or leaching bed, and unsuitable vegetation over leaching bed areas; and Identification of any general environmental or public health concerns including proximity of sewage system components to wells and watercourses.
Phase II Inspections - Basic A property will progress to Phase II under the Basic Program when a critical deficiency is identified. Critical deficiencies include (but may not be limited to): steel tanks, failing or potentially failing systems, broken septic tank lids, missing baffles, and substandard systems. Additional enforcement actions, will be taken as necessary when a sewage system is identified to be in a failing state or creating a health hazard. When this situation
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With the Basic Program, Phase II Inspections will not include additional enforcement or follow-up for semi-critical or non-critical deficiencies such as: encroachments of structures to the septic tank or leaching bed area, poor vegetation over the leaching bed, deep rooted shrubs or trees in the vicinity of the leaching bed, and additional hydraulic load in the area of the leaching bed. When these types of deficiencies are identified under the Basic Program, property owners will receive a letter after inspection advising of the deficiency and will be encouraged to consider upgrading or rectifying the issue. However, there will be no additional enforcement actions or follow-up. A maintenance inspection certificate will not be issued and the file will be closed.
Fees and Payment for the Basic Program The Basic Program will be offered at a fee in accordance with the Fee Schedule as amended from time to time. This fee will be billed by PPH to the municipality upon the first visit to the property. In the event that the inspector attends the property and the septic tank lids have not been exposed in order for the inspection to be conducted, the property will go on to a “pending” list. At the end of each season, the pending list will be provided to the municipality and PPH will consult with the municipality regarding next steps. An additional fee per the Fee Schedule will be charged for any property that requires a second site visit to complete the Phase I inspection.
Municipalities seeking to pursue this option for re-inspection will be asked to commit to providing a list of 450 properties annually.
Option 2: Advanced Sewage System Maintenance Inspection Program (“Advanced Program”) The advanced program implements a comprehensive assessment of onsite sewage systems and includes continuous follow-up and enforcement. The Advanced Program has the four stages: 1. File Search and Review 2. Phase I Inspections 3. Phase II Inspections 4. Additional Enforcement and Follow-Up
The Advanced Program applies to all classes of sewage systems that are more than ten years old. Upon completion of inspections and where appropriate, a maintenance certificate is issued by PPH for the property.
File Search and Review – Advanced On an annual basis, PPH will receive a list of properties subject to the discretionary maintenance inspection program from the municipality. Upon receipt of this list, the file search and review stage will commence. This stage includes PPH contacting property owners to advise that the sewage system servicing their property is required to have a maintenance inspection.
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Phase I Inspections - Advanced PPH will determine the designated timeframe when each property on the list supplied by the municipality will receive the Phase I inspection. These inspections will typically occur from mid-May until the end of October each year. The advanced Phase I inspection will include (but may not be limited to) the following actions: Removal of the septic tank lids; Observation of the overall septic tank construction (steel tanks will be identified and required to be upgraded); Internal inspection of the septic tank condition including inlet and outlet baffles and assessment of the levels of sewage within the tank; Identification of any signs of a malfunctioning sewage system including saturation or breakout over the leaching bed area, evidence of sewage backup, and odour problems; Identification of physical situations putting the sewage system at risk for immediate failure including poor septic tank condition (e.g. concrete spalling), the location of structures too close to the septic tank or leaching bed, and unsuitable vegetation over leaching bed areas; Identification of any other environmental or public health concerns including proximity of sewage system components to wells and watercourses; and Capacity calculation(s) for the onsite sewage system based on the daily sewage flow from the property.
Phase II Inspections Under the Advanced Program, Phase II inspections will be conducted to determine corrective actions for any deficiencies identified that may jeopardize the sewage system. A Phase II inspection may also be performed to ensure that corrective actions have been implemented. Phase II inspections for the Advanced Program may also require property owners to conduct more invasive activities such as uncovering portions of the leaching bed to confirm and observe minimum horizontal clearance distances or soil and groundwater conditions. The owners will get a letter outlining any deficiencies and additional Phase II inspections will be performed to ensure compliance, as necessary.
Additional Enforcement and Follow-Up Similar to the Basic Program, the Advanced Program will include additional enforcement actions being taken when critical deficiencies are identified, such as when a sewage system is identified to be in a failing state or creating a health hazard. When this situation is identified, the re-inspection file will be closed and the property will be transferred to PPH’s regular Safe Sewage Disposal Program.
Unlike the Basic Program, the Advanced Program will include additional enforcement activities and follow-up for other deficiencies such as: exceedances of sewage system capacity based on daily design sanitary sewage flows, physical encroachments to the septic tank or leaching bed, inappropriate hydraulic loading, and inadequate alarms for holding tanks. There is no additional fee for follow-up activities, subject to regular permit fees, when applicable.
Fees and Payment for the Advanced Program The Advanced Program will be offered at a fee in accordance with the Fee Schedule as amended from time to time. This fee will be billed by PPH to the municipality upon the first
Page 53 of 149 visit to the property. In the event that the inspector attends the property and the septic tank lids have not been exposed in order for the inspection to be conducted, the property will go on to a “pending” list. At the end of each season, the pending list will be provided to the municipality and PPH will consult with the municipality regarding next steps. An additional fee per the Fee Schedule will be charged for any property that requires a second site visit to complete the Phase I inspection.
Municipalities seeking to pursue this option of re-inspection will be asked to commit to providing a list of 300 properties annually.
Option 3: Third Party Sewage System Maintenance Inspection Program (“Third Party Program”)
The third party program will include the use of approved agencies to conduct Phase I inspections and issue certificates. Peterborough Public Health will oversee the third party program and follow up with reported issues of non-compliance. The components of the third party program may include:
1. Establishment of Terms and Conditions with the Local Municipality 2. Training for “qualified persons” 3. Phase I Inspection – Third Party 4. Additional Inspections/Enforcement (PPH, as necessary)
This program may apply to all classes of sewage systems that are more than ten years old. Upon completion of inspections and where appropriate, a maintenance inspection certificate will be issued by the approved person/agency conducting the maintenance inspection for the property. Property owners will be required to provide a copy of the certificate to PPH. Approved persons will be required to report issues of noncompliance to PPH.
Establish Terms and Conditions with the Local Municipality If a Local Municipality wishes to pursue a third party maintenance inspection program, they will do so in consultation with Peterborough Public Health. Prior to the initiation of the third party inspection program, PPH and the Local municipality will define the mutually agreeable terms and conditions of the program, including applicable properties, overall process, applicable classes and ages of onsite sewage systems, inspection criteria, timelines, and administrative fees.
An example structure for a Third Party Program is presented below: Local Municipality wishes to pursue a third party re-inspection program. Local Municipality collaborates with Peterborough Public Health (PPH). Program established to apply to all classes of onsite sewage systems, older than ten years. Timeline set for program completion – ten years to have all properties serviced by an onsite sewage system inspected. PPH in collaboration with the Local Municipality provides notice to property owners and facilitates file searches. PPH facilitates training at least twice a year to establish a list of “approved persons/agencies” to conduct discretionary inspections.
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PPH will accept certificates issued by approved persons/agencies from property owners and maintain an inventory to track properties in compliance and follow up with those not in compliance.
Training for Qualified Persons Peterborough Public Health will facilitate training for qualified persons a minimum of twice per year, upon the establishment of a third party re-inspection program. Approved persons/agencies will be in accordance with the requirements set out in Division C of the Ontario Building Code for discretionary maintenance inspection programs; PPH training for approved persons will be mandatory.
The training will help to maintain the integrity of the program and ensure that consistent approaches are being used for inspections by qualified persons, and that standard inspection criteria are being evaluated when issuing a certificate to a property owner. This training will also outline a process for reporting issues of noncompliance to PPH for follow- up, as necessary.
Phase I Inspections – Third Party Phase I Inspections will be conducted by qualified persons who are considered to be a “third party” (i.e. not the property owner and not Peterborough Public Health). These inspections can be done at any time, provided the required inspection criteria are observed. These criteria will be determined collaboratively by PPH and the Local Municipality upon the establishment of a third party re-inspection program. Criteria may include the following: Removal of the septic tank lids; Observation of the overall septic tank construction (steel tanks will be identified and required to be reported to Peterborough Public Health); Internal inspection of the septic tank condition including inlet and outlet baffles and assessment of the levels of sewage within the tank; Identification of any signs of a malfunctioning sewage system including saturation or breakout over the leaching bed area, evidence of sewage backup, and odour problems; Identification of physical situations putting the sewage system at risk for immediate failure including poor septic tank condition, the location of structures too close to the septic tank or leaching bed, and unsuitable vegetation over leaching bed areas; and Identification of any general environmental or public health concerns including proximity of sewage system components to wells and watercourses.
Depending on the terms and conditions of the program, daily design sanitary sewage flow assessments and file searches may or may not be part of the Phase I inspection requirement.
Additional Inspections / Enforcement If a property owner fails to comply with providing a certificate for the onsite sewage system to Peterborough Public Health, the enforcement policy for noncompliance will be consistent with the terms and conditions defined at the establishment of the program. In the event that issues of noncompliance are reported by a qualified person conducting an inspection, additional fees for inspection may be charged by PPH, in accordance with Schedule A.
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Fees and Payment for the Third Party Program Upon the establishment of a third party program, Peterborough Public Health will determine the cost-recovery administrative fees required for the administration of the program, based on the terms and conditions set in collaboration with the Local Municipality. The process for recovery of the administrative fees will be outlined in the terms and conditions for the program and may be remitted by the Local Municipality to PPH annually, in a lump-sum or on a “per property” basis. Fees for additional inspections by PPH will be charged to the property owner as per Schedule A. Fees for Phase I inspections by qualified persons will be set by qualified persons and fees will be charged by the qualified person conducting the inspection directly to the property owner.
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Schedule C Insurance Coverage of the Board of Health
Professional and General Liability $5,000,000.00 Administrator’s Errors and Omissions $5,000,000.00
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The County of Peterborough
County Council
To: Warden and Members of Council From: Peter Nielsen, Manager, Infrastructure Programs Date: October 21, 2020
Subject: INF 2020-21 Sign By-law – Signs on County Roadways
Recommendation: Whereas at the August 26, 2020, meeting, Council directed staff to amend the draft County Sign By-law for private signs installed within a County road allowance as related to the installation of Bush Country Signs and Election Signs, to be brought back to Council for review at a future Council meeting; Now therefore be it resolved that Council approve the By-law to prohibit and regulate the placing and erecting of signs, notices and advertising devices upon any County of Peterborough road or road allowance, for public reading and repealing of By-law No.’s 2007-55 and 2020-08; and further
That Council directs staff to undertake consultation with the lower tier municipalities related to the delegation of the authority to regulate the placement of election signs in County roadways that fall within their municipal boundaries for the purpose of preparing an Election Sign By-law for the consideration of County Council.
Overview At the August 26, 2020, meeting, Council received the staff report and draft County Sign By-law and endorsed the following resolution: 271-2020 Moved by Councillor Windover Seconded by Councillor Whelan Whereas, at the May 6, 2020, meeting, Council received the delegation from Garnet Northey, Chair, Sign By-law Working Committee; and Whereas, at the May 6, 2020, meeting, Council received the draft County Sign By- law which was referred to the lower tier municipalities for review and submission of comments by June 20, 2020; and
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Whereas, comments received from the lower tier municipalities related to the regulation of the Ontario Building Code for the design, construction and inspection of signs on private property have been considered by Council for incorporation into the draft County Sign By-law; and Whereas, comments received from the lower tier municipalities related to the installation of elections signs within a County road allowance have been considered by Council for incorporation into the draft County Sign By-law, which Council approves of option two being delegation of the authority to regulate the placement of election signs in County roadways that fall within their municipal boundaries to the eight (8) lower tier municipalities; and Now therefore be it resolved that Council directs staff to amend the draft County Sign By-law for private signs installed within a County road allowance as related to the installation of Bush Country Signs and Election Signs, to be brought back to Council for review at a future Council meeting; and further That the annual Bush Country Sign permit maintenance fee for existing Bush Country Signs be waived for 2020 due to the impact of the pandemic on business operations; and further That staff be directed to commence a review in 2021 with lower tier municipalities of the development of a by-law(s) that will consider the installation of signs on private property in relation to the requirements of the Ontario Building Code. Carried Background Signs on County Roadways On the basis of the resolution endorsed by Council during the August 26, 2020, meeting, the draft By-law titled “Sign By-law – Signs on County Roadways” is now being presented for the consideration of Council. The purpose of the revised draft By-law is to allow for the prohibition and regulation of signs installed on County roadways, save and except election signs. The draft By-law identifies the types of signs that may be permitted, exempted or prohibited from being installed in a County road allowance. Election Signs Consultation will be undertaken with the lower tier municipalities related to the delegation of the authority to regulate the placement of election signs in County roadways that fall within their municipal boundaries. Each municipality will need to consider resources and other requirements associated with the regulation of election signs installed on County road allowances.
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Options available for each of the lower tier municipalities may include: - Adoption of existing lower tier election sign regulation standards, to be used by a lower tier municipality in the regulation of election signs installed on County road allowances; - Development of new lower tier election sign regulation standards, to be used by a lower tier municipality in the regulation of election signs installed on County road allowances; - Adoption by a lower tier municipality of County election sign regulation standards, to be used by a lower tier municipality in the regulation of election signs within County road allowances; - Rejection by a lower tier municipality of the authority to regulate the placement of election signs in County roadways. Upon determination of the preferred option, a resolution will be required from each respective municipal Council accepting the delegation of authority and establishing the standards to be used for the regulation of election signs within County road allowances. On the basis of resolutions received from the lower tier municipalities, a new County By- law will be prepared for the consideration of County Council. Signs on Private Property As discussed Council during the August 26, 2020, Council meeting, the Ontario Building Code governs the design and construction of buildings and structures on private properties and signs fall within the definition of a “building”. In accordance with the August 26, 2020, Council resolution, a review will commence in 2021 with lower tier municipalities of the development of a by-law(s) that will consider the installation of signs on private property in relation to the requirements of the Ontario Building Code Financial Impact The May 6, 2020, report to Council included a new fee structure intended to support the new Sign By-law. In order to establish these new fees, an amendment to the County’s Tariff of Fees By-law will need to be prepared. The proposed new fee structure will include the following:
Item Option 3 Schedule A – Bush Country Signs - Application $500 – one sided Fee $250 annually (2 hours 1 Schedule A – Bush Country Signs – Permit staff & truck + by-law Maintenance Fee enforcement) $100 per variance Variance application
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Anticipated Impacts on Local and/or First Nations Communities None identified. Link to County of Peterborough Strategic Plan Priorities
☐ Communications ☒ Financial Responsibility ☐ Housing ☒ Industry & Business ☐ Infrastructure ☐ Organizational Development
In consultation with: 1. Sheridan Graham, Acting Chief Administrative Officer 2. Lynn Fawn, Manager, Legislative Services/Clerk 3. Kari Stevenson, Deputy Clerk 4. Grant Murphy, Director, Infrastructure Services 5. Doug Saccoccia, Manager, Engineering & Design 6. Martin O’Grady, Engineering & Design Coordinator Communication Completed/required: - Sign By-law Working Committee - Lower tier municipal Councils, CAO’s, Clerks and Chief Building Officials - Media release Attachments 1. Draft By-law Respectfully Submitted, Peter Nielsen, C.E.T. Manager of Engineering and Design
For more information, please contact:
Peter Nielsen, C.E.T., Manager of Engineering and Design [email protected] 705-775-2737 . 3200
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Table of Contents
Page
Preamble and Legislative Authority 2
Section 1 Short Title 3 Section 2 Definitions 3 Section 3 General Provisions 10 Section 4 Prohibitions 14 Section 5 Permitted Signs 16 Section 6 Exempted Signs 17 Section 7 Prohibited Signs 18 Section 8 Prohibitions - Illumination 19 Section 9 Content of Signs 19 Section 10 Maintenance and Condition of Signs 20 Section 11 Sign Variance 20 Section 12 Offences 21 Section 13 Sign Permit Revocation and Sign Removal 21 Section 14 Conflict 22 Section 15 Severability 22 Section 16 Applicability 22 Section 17 Freedom of Information 23 Section 18 Effective Date 23
Schedules
Schedule “A” Bush Country Signs 24
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Being a By-law prohibiting and regulating the placing and erecting of signs, notices and advertising devices upon any County of Peterborough road or road allowance
Whereas Section 11(3) of the Municipal Act, 2001, as amended (the “Act”) permits an upper-tier municipality to pass by-laws, subject to the rules set out in subsection (4), respecting structures, including fences and signs;
And Whereas Sections 9, 10 and 23.1 to 23.5, and 284.1 of the Act authorize a municipality to delegate its powers and duties, subject to certain restrictions, and authorize a municipality to provide for a review or appeal of a decision made by a person or body in the exercise of power or duty delegated to him, her or it;
And Whereas Section 59 of the Act provides that, without limiting Sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the placing and erecting of any sign, notice or advertising device within 400 metres of any limit of an upper-tier highway;
And Whereas Section 63 of the Act provides that a by-law may prohibit or regulate the placing or standing of an object on or near a highway, and may provide for the removal and impounding or restraining and immobilizing of any object placed or standing on or near a highway;
And Whereas Section 391(1) of the Act, as amended, provides that without limiting Sections 9, 10 and 11, those Sections authorize a municipality to impose fees or charges on persons: a) for services or activities provided or done by or on behalf of it; b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and c) for the use of its property including property under its control;
And Whereas Section 445 of the Act provides that a municipality may make an order requiring a person who has contravened a by-law or who caused or permitted the contravention, or the owner or occupier of land on which the contravention occurred to do work to correction the contravention;
And Whereas Section 446 (1) of the Act provides that where a municipality has the authority to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done by the person directed or required to do it, the matter or thing shall be done at the person’s expense;
And Whereas Section 446 (2) of the Act provides for the purposes of Section 446 (1) the municipality may enter upon land at any reasonable time;
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And Whereas in the opinion of Council, the power being delegated to authorize sign variances is of a minor nature, having regard to the number of people, the size of the geographic area and the time period affected by an exercise of the power;
And Whereas the Council of the Corporation of the County of Peterborough desires to regulate the placing and erecting of signs, notices and advertising devices upon to County roads;
Now Therefore the Council of The Corporation of the County of Peterborough hereby enacts as follows:
1. Short Title
1.1 This By-law may be cited as the “Sign By-law – Signs on County Roadways”.
2. Definitions
2.1 In this By-law:
2.1.1 “Applicant” means a Person applying for a Sign Permit.
2.1.2 “BCIN” means Building Code Identification Number, being a unique number required on all drawings that are submitted by a qualified firm or designer for a building permit for any building-related work in Ontario.
2.1.3 “Building” means structure as defined under the Ontario Building Code
2.1.4 “Council” means the Council of The Corporation of the County of Peterborough.
2.1.5 “County” means The Corporation of the County of Peterborough.
2.1.6 “Director” means the Director, Infrastructure Services for the Corporation of the County of Peterborough.
2.1.7 “Electrical Safety Code” means the electrical safety regulation for the Province of Ontario. This code protects electrical workers and the general public by regulating electrical equipment installations and by placing a certain level of standards that help prevent electrical accidents caused from electric shock and fire hazards.
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2.1.8 “Encroachment Agreement” is a legally binding document signed by neighboring property owners when a property encroachment is found to exist. It states the agreed-upon resolution to the encroachment, which shall become binding between the two properties.
2.1.9 “First Nation” means either Alderville First Nation, Beausoleil First Nation, Chippewas of Rama First Nation, Curve Lake First Nation, Georgina Island First Nation, Hiawatha First Nation or Mississaugas of Scugog Island First Nation.
2.1.10 “Lower Tier Municipality” means any of the Corporations of the Township of Asphodel-Norwood, Township of Cavan Monaghan, Township of Douro-Dummer, Township of Havelock-Belmont-Methuen, Township of North Kawartha, Township of Otonabee-South Monaghan, Township of Selwyn and the Municipality of Trent Lakes.
2.1.11 “Municipal Freedom of Information and Protection of Privacy Act” means that regulation that provides the right of the public to access municipal records, subject to certain limitations and exemptions and also provides the right to access one’s own personal information and to correct it.
2.1.12 “Occupational Health and Safety Act” means the Ontario law that protects workers from health and safety hazards at work.
2.1.13 “Ontario Building Code” means a regulation made under the Building Code Act, 1992 and sets out technical requirements for the construction (including renovation) and demolition of buildings, the change of use where the change would result in an increase in hazard and the maintenance and operation of on-site sewage systems.
2.1.14 “Ontario Traffic Manual” means those publications that provide information and guidance to transportation practitioners and to promote the uniformity of treatment in the design, application and operation of traffic control devices and systems across Ontario.
2.1.15 “Owner” means any person described on the Sign and/or Sign Permit, or whose name or address or telephone number appears on the Sign, or who installed the Sign, or who is in lawful control of the Sign, or who benefits from the message on the Sign, and for the purposes of this By-law there may be more than one Owner of a Sign.
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2.1.16 “Person” includes an individual, association, firm, partnership, corporation, trust, organization, trustee or agent, and their heirs, executors or legal representatives.
2.1.17 “Private Property” means those lands under private ownership located adjacent to a County Road Allowance for a distance of 400 metres and not forming part of a Road Allowance.
2.1.18 “Professional Engineer” means an individual, who is currently registered and has fulfilled education and experience requirements and passed rigorous exams that permits them to offer engineering services directly to the public, in accordance with the Ontario Professional Engineers Act.
2.1.19 "Road Allowance" means a County road allowance and includes all lands and structures contained within the limits of the allowance including grassed areas, ditches, curbs, gutters, sidewalks and other structures and includes a “Highway” as defined under the Ontario Highway Traffic Act which is under the jurisdiction of the County.
2.1.20 "Settlement Area” means land areas designated and identified in the County Official Plan that can accommodate property development and population growth through an appropriate range and mix of employment opportunities, housing, commercial, industrial, institutional and other land uses.
2.1.21 “Sight Triangle” means the triangular area within a property formed by the intersection of two streets, a street and a driveway or a street and a railway level crossing and may include projections thereof on the Road Allowance.
2.1.22 “Sign” means any device or display upon which there is printed, projected or attached any announcement, declaration or insignia used for direction, information, advertisement or business promotion of products or availability of services whether intended to be permanent or temporary, capable of being readily moved or relocated and includes inflatable devices, banners and immobile vehicles or trailers used strictly as advertising devices, including Sign Structure, Sign Face or other component parts, which is used or is capable of being used to attract attention to a specific subject matter for identification, information or advertising purposes but does not include window displays; flags or emblems of patriotic, civic, educational, religious organizations or private clubs; and shall not include Signs installed on Buildings.
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2.1.23 “Sign Area” means the area of the copy surface for a singular Sign Face.
2.1.24 “Sign Face” means that portion of a Sign on which a message is intended to be displayed.
2.1.25 “Sign Structure” means those parts of a Sign consisting of the supports or framework for the support of a Sign whether embedded into or mounted directly on the ground but not including a Building.
2.1.26 “Sign Permit” means any permit prepared and issued as a separate form by the Director pursuant to this By-law.
2.1.27 “Sign Type” means the category of types of Signs that are to be considered under this By-law, including:
i. “Abandoned Sign” means a Sign which becomes vacant and unoccupied for a period of ninety (90) days or more, or any Sign which pertains to a time, event or purpose seven (7) days after which it no longer applies;
ii. “Animated Sign” meaning a Sign whose Sign Face moves in whole or in part and includes a flashing or moving electronic display, chase lighting or rotating electronic message which is stagnant for twenty (20) seconds or less but does not include a clock, time, date or temperature display;
iii. “Banner Sign” means a Sign made of vinyl, cloth, canvas or other like material;
iv. “Billboard Sign” means a Sign and Sign Structure (e.g. pylon or other engineered support structure including ground mounted) to which advertising copy is fastened in such a manner as to permit its periodic replacement through Sign Permit approval and which displays information concerning goods, products, services or facilities that are not available at the location of the sign and which directs or invites a person to a location different from which the Sign is located;
v. “Bush Country Sign” means a Sign erected within a designated County Road Allowance by a third-party owner or Person under the authority of a Sign Permit that is intended to function as a Billboard Sign to advertise a business, profession, goods, products, services or facilities conducted at another location (reference Schedule “A”);
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vi. “Civic Address Sign” means a standardized Sign designed and supplied by a Lower Tier Municipality which is installed at or near the property limit of the Road Allowance”; vii. “Contractor’s Sign” means a single or double faced Sign erected on a private property, containing the name of a contractor or the name of a product being used in an on-going construction, renovation or maintenance project on a private property where such a Sign shall be removed upon completion of the project. viii. “Developer’s Sign” means single or double faced Sign erected on a private property, site or subdivision to identify a development or redevelopment project where such a Sign shall be removed upon completion of the project and shall be subject to the same requirements as an “Own-Premises Billboard Sign”. ix. “Directional Sign” means a Sign that may be acquired from the County by an Owner for a set fee and contains only the name of a business, its logo and an arrow or other form of directional indicator, which Sign shall not exceed 0.74 square metres (7.96 square feet) in size (alternatively referenced as a “Brown & White” Sign); x. “Double Faced Sign” means a Sign having two (2) Sign Faces of equal area and proportions as identified in this By-law which are located exactly opposite each other on the Sign Structure; xi. “Election Sign” means a Sign erected in connection with a Federal, Provincial or Municipal election or referendum; xii. “Farm Produce Sign” means a Sign erected in advertise the sale of fresh farm products. xiii. “Inflatable Signs” means a Sign designed to be airborne and tethered to the ground, a vehicle or any other structure and shall include balloons and any other inflatable Signs; xiv. “Mobile Sign” means a Sign functioning as an Official Sign that is specifically designated or intended to be readily moved, relocated or towed from one location to another, designed to accommodate changeable letters or graphics and that does not rely on a Building, Sign Structure or fixed foundation for its structural support but does not include a “Vehicle or Towable Trailer Mounted Sign”;
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xv. “Official Sign” means a Sign required by or erected under any statute, regulation, By-law or directive of any Federal, Provincial or Municipal government or agency, board or commission; xvi. “Off-Premises Billboard Sign” means a Sign and Sign Structure, erected on privately owned property and not upon a County Road Allowance, to which advertising copy is fastened in such a manner as to permit its periodic replacement with Sign Permit approval and which displays or advertises a business, profession, goods, products, services or facilities that are not available on the property at the location of the sign and/or which directs or invites a Person to a location different from which the Sign is located; xvii. “Own-Premises Billboard Sign” means a Sign and Sign Structure, erected on privately owned property and not upon a County Road Allowance, to which advertising copy is fastened in such a manner as to permit its periodic replacement with Sign Permit approval and which displays or advertises a business, profession, goods, products, services or facilities that are available on the property at the location of the sign and/or which directs or invites a Person to enter the location at which the Sign is located; xviii. “Private Warning Sign” means a single face Sign, erected on privately owned property and not upon a County Road Allowance, that directs a warning to the public such as no trespassing, beware of dog, no hunting or other such warning; xix. “Programmable Reader Board Sign” means an electronic Official Sign with a rotating electronic text message that is stagnant for a prearranged sequence of not less than the twenty (20) seconds; xx. “Public Information Sign” means a Sign which is intended to advertise a community event, civic project, erected by the County, Lower Tier Municipality or First Nation as part of an infrastructure renewal project or undertaking or a Sign to promote patriotic, religious or charitable event; xxi. “Real Estate Sign” means a Sign, erected on privately owned property and not upon a County Road Allowance to advertise the sale, rent or lease of a lot, building or structure located thereon;
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xxii. “Single Faced Sign” means a Sign having one (1) Sign Face of area and proportion as identified in this By-law;
xxiii. “Temporary Public Information Sign” means a Sign used in conjunction with a special event sponsored by a municipal, charitable, service club or community group or non-profit organization, which Sign shall be removed within seven (7) days of the conclusion of the special event;
xxiv. “Temporary Posted Sign” means a Sign having no permanent attachment to a building or to the ground and is affixed by a person to a utility pole, light standard, temporary or mobile frame, fence post, tree, bridge, structure or painted or pasted onto a rock surface;
xxv. “TODS” means Tourism-Oriented Directional Signing intended to provide directional information to a broad range of tourist operators, food, fuel and accommodation services and may include Wayfinding Signs.
xxvi. “Traffic Guiding Sign” means a Sign guiding traffic to enter or exit a private property but bearing no advertising or third-party information, such as “entrance”, exit”, “one way”, “open” or “closed”;
xxvii. “Vehicle or Towable Trailer Mounted Sign” means a Sign as erected or painted on a vehicle or trailer, where the principal use of the vehicle is the transportation of people, goods and other material and where the vehicle or towable trailer is not in daily operation and is parked in a manner on private property so as to make the Sign visible from a Road Allowance for the purpose of functioning as an identification, information or advertising Sign;
xxviii. “Wayfinding Sign” means a sign designed and installed as a component of a system of Official Signs for the purpose of identifying directions to major public destinations and functioning as directional signage to guide visitors to attractions within the County.
2.1.28 “Sign Variance” means a minor change to this By-law for a specific Sign Permit application.
2.1.29 “Traffic Control Sign” means any Official Sign used to indicate or reinforce traffic laws, regulations or requirements which apply either at all times or at specified times or places upon a street or highway, the disregard of
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which may constitute a violation, or Signs in general that regulate public behavior in places open to the public.
2.1.30 “Traffic Control Signal” means any power operated traffic control device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
3. General Provisions
3.1 Scope
3.1.1 Unless otherwise specifically exempted, all Road Allowances owned and operated by the Corporation of the County of Peterborough within the geographic limits of the County of Peterborough shall be subject to the provisions of this By-law.
3.1.2 This By-law does not apply to Official Signs or Election Signs placed within a County Road Allowance or Signs placed on Private Property within 400 metres a County Road Allowance.
3.2 Administration
This By-law shall be administered by the Director or their designate.
3.3 Interpretation
3.3.1 Words importing the singular number only include more persons, parties or things of the same kind than one.
3.3.2 The requirements of this by-law are provided in metric units.
3.3.3 Where a distance is used in this by-law, as part of a sign location regulation, such distance shall be measured in a straight horizontal line parallel to the ground; and
i. where the specified distance is referenced from an intersection, shall be measured from the projection of the closest curb line of the intersecting highway, to the nearest part of the said sign; and
ii. where the specified distance is referenced from a street line, property line, or other sign, object, structure, or property, shall be measured from the nearest part of the said reference to the nearest part of any sign, in all directions.
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3.4 Enforcement
This By-law shall be enforced by that Person, persons, agency or authority appointed by the Council of the Corporation of the County of Peterborough, including:
i. the Director or their designate;
ii. each person from time to time appointed as a municipal law enforcement officer to enforce any or all of the County’s by-laws;
iii. a police officer employed by the Peterborough Police Service, the Ontario Provincial Police or the Royal Canadian Mounted Police.
3.5 Sign Permit
3.5.1 An Applicant seeking a Sign Permit shall submit an application on an acceptable form to the Director or their designate at their discretion, together with the following information: i. Plan showing the general layout of the proposed Sign design showing sufficient information and details of the proposed design;
ii. Type, dimension, size, colours, minimum and maximum clear height and weight of the Sign;
iii. Message and wording to be displayed on the Sign;
iv. Method, type and operation of any form of illumination that will satisfy the requirements of Section 8 of this Bylaw, if any;
v. Means of support of the Sign and Sign Structure and manner of erection of the Sign or the mobile conveyance which is to support a Mobile Sign;
vi. Other information as determined by the Director or their designate in their discretion.
3.5.2 An Applicant seeking a Sign Permit shall submit plans or details depicting:
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i. A site plan showing the general location of the Road Allowance upon which the proposed Sign is to be located containing sufficient information and details of relevant features and fixtures including the property line and any features or Signs situated on the Road Allowance;
ii. The shape and dimensions of the Road Allowance on which the proposed Sign is to be erected;
iii. Reflectivity of any Sign shall not exceed the specification for Engineer Grade Reflective Sheeting typically meeting ASTM D4956 Type 1 standards at a maximum coverage of 20% of the measured area of a Sign;
iv. Closest available municipal address;
v. Name, address and contact information and authorization of the Owner of the Sign;
vi. Name, address and contact information of the erector of the sign;
vii. Signs shall show thereon the name of either the person or owner of the Sign responsible for the erection and maintenance thereof and for the payment of fees;
viii. The Owner of the Sign shall hold harmless and indemnify the Corporation of the County of Peterborough from any and all claims arising from negligence in or nuisance caused by the erection or maintenance of the Sign.
3.5.3 Where a proposed Sign conforms in all respects with the provisions of this By-law and all other applicable By-laws and legislation, the County shall issue a Sign Permit. 3.6 Inspection
3.6.1 Upon receipt of a Sign Permit application, the Director or his/her designate shall inspect the location and Road Allowance upon which the proposed Sign is to be erected, displayed, altered or repaired and make their determination as to the conformity of the proposed Sign and location with the provisions of this By-law and for issuance of a Sign Permit.
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3.6.2 Upon completion of the erection, display, alteration or repair of a Sign authorized to be installed under an appropriate Sign Permit, the Director or their designate shall inspect the Sign and Road Allowance within thirty (30) days from the date of receipt of notice to ensure that the Sign has been erected, displayed, altered or repaired in accordance with the Sign Permit as issued.
3.6.3 If, upon inspection, it is apparent that a Person: i. has erected, displayed, altered or displayed a Sign without first having obtained a Sign Permit to do so; or
ii. has erected, displayed, altered or displayed a Sign that does not conform in all respects with the Sign Permit application and supporting material furnished in order to obtain a Sign Permit; or
iii. has erected, displayed, altered or displayed a Sign that constitutes a danger to the public or that interferes with vehicular traffic; or
iv. has erected, displayed, altered or displayed a Sign that fails to conform to the provisions of this By-law and all other applicable By-laws and legislation, the County may:
a. require such person to make such alterations to the Sign or to its Sign Structure or to the mobile conveyance to which this Sign is attached as are required to bring the Sign into conformity with the application, applicable By-laws and applicable legislation; or
b. give written notice to such Persons requiring such person to remove such Sign within a period of seven (7) days; or
c. authorize the Sign to be dismantled and removed at such Person's expense.
v. Removal shall be conducted in accordance with Section 13 of this By- law.
3.6.4 Where any approved Sign is to be moved from one location to another or altered, a Sign Permit shall be obtained for the new proposed location and the Applicant for the Sign Permit shall comply with the provisions of this By-law.
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3.7 Fee
An Applicant for a Sign Permit shall pay the fee as prescribed in the County’s Tariff of Fees By-law, as amended.
4. Prohibitions
4.1 Notwithstanding any other provisions of this By-law, no Person shall erect, install, post, display, maintain, alter or keep a Sign:
4.1.1 Within the Road Allowance of any Bush Country Road without first obtaining a Sign Permit from the Director as provided in Schedule “A” of this By-law;
4.1.2 Within the Road Allowance of any County Road except as specifically set out in this By-law by:
i. Creating a safety hazard;
ii. Impeding or obstructing maintenance or construction operations;
iii. Impeding access to or obstructing a fire hydrant;
iv. Impeding or obstructing vehicular traffic or the passage of pedestrians where they are reasonably expected to walk;
v. Impairing or obstructing the visibility of vehicular or pedestrian traffic or within 30 metres (100 feet) of a public trail, driveway, entranceway, railway level crossing;
vi. Interfering with or obstructing the view of or obscuring or detracting from the visibility or effectiveness an authorized Traffic Control Sign, Traffic Control Signal or an Official Sign or any Sign capable of being confused with such authorized Traffic Control Sign, Traffic Control Signal or an Official Sign;
vii. Obstructing the view of any pedestrian or motor vehicle operator so as to cause an unsafe condition;
viii. Obstructing the flow of water in a drain, ditch or watercourse.
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4.1.3 That obstructs, interferes with any maintenance or construction operations provided by or which does not comply with this By-law or with any applicable By-law of the County, Lower Tier Municipality or First Nation;
4.1.4 That interferes with or may damage any above or below ground municipal or utility services which have been lawfully placed at the location;
4.1.5 That overhangs the road allowance of a County Road allowance except as specifically set out in this By-law;
4.1.6 Any Sign or part of a Sign on or within a County Road Allowance unless authorized through an Encroachment Agreement;
4.1.7 Having obtained a Sign Permit,
i. Erect a Sign between the edge of the pavement and the centre line of the ditch or in such manner as to impede drainage within the Road Allowance; or
ii. fail to erect the Sign as close to the limit of the road allowance or fence line as possible.
4.1.8 That resembles an Official Sign or a Traffic Control Sign or device in colour, shape, wording, content or location;
4.1.9 That, so illuminated, interferes with the effectiveness of or obscures a Traffic Control Sign or Traffic Control Signal;
4.1.10 No person shall attach or display any Temporary Posted Sign within a County road allowance, on a utility pole, light standard, fence post, tree, bridge, structure, Official Sign or painted or pasted onto a rock surface, except for a Sign erected by a government or municipal agency or body pertaining to public safety;
4.1.11 Which does not comply with the provisions of the Ontario Building Code, Electrical Safety Code or the Occupational Health and Safety Act;
4.1.12 That contains or is accompanied with a device that creates noise;
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4.1.13 That is obsolete and advertises an event that is concluded, a business or enterprise that is no longer conducted, or an activity, product, service or facility is no longer provided;
4.1.14 Any Sign or Sign structure in a state of disrepair or in an unsafe, damaged or hazardous condition;
4.1.15 Sign Structure anchored with any hazardous objects;
4.1.16 Any Sign that obstructs or interferes with a fire escape plan, fire exit, fire hydrant or standpipe;
4.1.17 Any Sign placed in a Road Allowance and found to be in violation of this By-law shall be subject to seizure by the County and such seized sign shall be stored for up to seven (7) days after the date of removal by the County. The Owner may retrieve a Sign stored by the County but, after a period of seven (7) days the County may and without notice or compensation to any Person, destroy or otherwise dispose of any Sign that has not been retrieved within the aforementioned period.
4.1.18 That in the Director’s sole opinion, interferes with the safe movement of traffic, including but not limited to the obstruction of sight lines at intersections where road alignment or grade changes, or the impediment of snow removal operations. 4.2 The prohibitions hereinbefore contained shall not extend to or affect the right of the County to erect or remove Signs within the Road Allowance.
5. Permitted Signs
This By-law applies to the Erection of the following Signs upon a County Road Allowance as specifically set out in this section. Signs expressly permitted by this By-law through the issuance of a Sign Permit by the Director are, without limiting the generality of the foregoing, as follows:
i. Bush Country Sign – a Sign functioning as a Billboard Sign as defined in Section 2 of this By-law and subject to the requirements of Schedule “A” of this By-law;
ii. Mobile Sign – a Sign functioning as an Official Sign as defined in Section 2 of this By-law;
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iii. Programmable Reader Board Sign – a Sign functioning as an Official Sign as defined in Section 2 of this By-law and subject to the requirements of Section 8 of this By-law;
iv. Public Information Sign - a Sign functioning as a Public Information Sign as defined in Section 2 of this By-law and provided the Sign does not exceed 0.5574 square metres (6 square feet) in total area;
v. Temporary Public Information Sign - a Sign functioning as a Temporary Public Information Sign as defined in Section 2 of this By- law and provided the Sign does not exceed 0.5574 square metres (6 square feet) in total area used in conjunction with a special event sponsored by a municipal, charitable, service club or community group or non-profit organization, which Sign shall be removed within seven (7) days of the conclusion of the special event;
6. Exempted Signs
6.1 This By-law does not apply to the Erection of the following Signs except as specifically set out in this section. The following Signs are exempted from the fees, Permits and set back provisions of this By-law unless otherwise noted.
i. Directional Sign – being a Sign that may be acquired from the County for a set fee, for installation at a location within the Road Allowance as subject to the approval of the Director and subject to the requirements of the County’s Tariff of Fees By-law;
ii. Election Sign – per Section 3.1.2, Election Signs are exempt from this By-law and are referred to a separate County By-law;
iii. Farm Produce Sign - provided that a maximum number of two (2) Signs are installed, not exceeding a total area of 1.5 square metres (16 square feet) in total area and not installed between the edge of pavement and the edge of the road shoulder;
iv. Official Sign - as erected or approved by the County, a Federal, Provincial or Municipal government or agency, school, board or commission for the regulation, safety or guidance of traffic or to provide public information which contain no advertising, such as street name and number Signs, street or Civic address Signs, 911 emergency response addresses, mailbox numbers, estate names and/or occupants’ names, such as Traffic Control Signs and Traffic Control
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Signals, radar speed Signs and other types of Signs used as a traffic calming devise, wildlife crossing Signs, railroad crossing Signs, safety Signs, commemorative Signs or tablets, Neighbourhood Watch Signs, trail and trail crossing Signs, government agency permit Signs, Signs for the purpose of providing information concerning any public proceeding including a Sign that advertises Planning Act applications on a temporary basis;
v. Private Property - per Section 3.1.2, Signs placed on Private Property within 400 metres a County Road Allowance are exempt from this By- law and are referred to a separate County By-law;
vi. TODS or Wayfinding Signs – being a Sign erected for the promotion of recreation and tourism;
vii. Traffic Guiding Signs - a maximum number of two (2) Signs may be installed provided a Sign does not exceed 0.3716 square metres (4 square feet) in total area, does not include any information other than the name of the business and a directional or some other form of pointer and a distance measure, are not erected nearer than 45 metres (150 feet) to and any farther than 100 metres (328 feet) from the entrance to the business and do not impact public safety or obstruct of sight lines at an intersection, public trail, driveway, entranceway or railway crossing;
7. Prohibited Signs
7.1 Any Sign not expressly permitted by this By-law through the issuance of a Sign Permit by the Director is prohibited and, without limiting the generality of the foregoing, the following Signs are specifically prohibited from being erected upon a County Road Allowance, including:
i. Abandoned Sign;
ii. Animated Sign;
iii. Banner Sign;
iv. Contractor’s Sign;
v. Developer’s Sign;
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vi. Inflatable Sign;
vii. On-Premises and Off-Premises Billboard Sign;
viii. Private Warning Sign;
ix. Real Estate Sign;
x. Temporary Posted Sign;
xi. Vehicle or Towable Trailer Mounted Sign;
xii. Any Sign that does not comply with the provisions of this By-law.
8. Prohibitions – Illumination
8.1 Notwithstanding any other provisions of this By-law, no Person shall install, post, display, maintain or keep a Sign, with the exception of those Signs specifically stated as exempt as provided under Section 6 of this By-law:
8.1.1 That is Illuminated without first obtaining a Sign Permit;
8.1.2 Illumination shall be limited to spot lights or back lighting;
8.1.3 Illuminated Sign brightness shall not exceed a maximum illumination level of seven hundred (700) cd/m² or Nits;
8.1.4 Flashing, moving, electronic, mechanical signs or chase lighting shall be prohibited for use on any Sign;
8.1.5 Moving messages for Programmable Reader Board Signs shall be static in appearance for a duration of not less than twenty (20) seconds, shall be of a constant intensity of illumination during a message cycle and shall be equipped with automatic dimming technology that adjusts the Sign’s brightness in direct correlation with ambient light conditions.
9. Content of Signs
9.1 The message, logos, graphics displayed on any Sign shall not promote violence, hatred and discrimination in any form or manner.
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9.2 The message, logos, graphics displayed on any Sign shall not be disrespectful and shall not contain any profanity, obscenity or promote an unlawful activity.
10. Maintenance and Condition of Signs
10.1 All Signs which are permitted by this By-law shall, at all times, be maintained by the Sign Owner in a state of good repair.
10.2 No Person having Erected a Sign shall fail to maintain the Sign in good structural and legible condition.
10.3 Where, in the Director’s sole opinion, a Person fails to maintain a Sign that is permitted by this By-law, the Director may require the immediate repair or removal of a Sign by that Person, at their expense.
11. Sign Variance
11.1 Any Person wishing to Erect a Sign not permitted by this By-law may apply for a Sign Variance.
11.2 An application for a Sign Variance shall be made in writing to the Director who may prescribe any information to be given therein and other necessary documentation to be completed or submitted by the applicant in conjunction with the application.
11.3 Every Sign Variance application shall be submitted to the Director and be accompanied by:
(a) the appropriate non-refundable fee as set out in Tariff of Fees By-law, as amended;
(b) if the Applicant is a corporation, a copy of the incorporating document and a copy of the last annual information filed or, if a registered partnership, a copy of the registered declaration of partnership and a copy of the business name registration; and
(c) plans detailing the Sign proposed to be erected to the satisfaction of the Director;
11.4 Where, in the Director’s opinion, the requested Sign Variance is minor, satisfies the intention of this By-law and is appropriate, the Director shall issue a Sign Permit for the Sign.
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12. Offences
12.1 Each Person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of:
i. not less than $250 for a first conviction of a offence;
ii. not less than $500 for a second conviction of the same offence; and
iii. not less than $1,000 for a third or subsequent conviction of the same offence.
12.2 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair, replace or restore damaged real or personal property as the case may be.
13. Sign Permit Revocation and Sign Removal
13.1 The Director may revoke a Sign Permit where, in their sole opinion, the Applicant is not complying with the provisions of this By-law.
13.2 Where the Director revokes a Sign Permit, the Applicant shall immediately remove the Sign within seven (7) days notice from the Director.
13.3 Where the Director revokes a Sign Permit and the Applicant fails to remove the Sign after having been notified in writing by the Director, the County may remove the Sign.
13.4 Where a Sign has been removed by the County, the County shall charge a fee for the cost of the removal of the Sign pursuant to Tariff of Fees By- law.
13.5 Where a Sign Permit is revoked, the applicant shall not be entitled to a return of any fee paid to obtain the Sign Permit.
13.6 Notwithstanding, where a Sign Permit is revoked, the Applicant may apply for a new Sign Permit.
13.7 Where a Sign that does not comply with this By-law is erected on, over, partly, on or partly over Road Allowance owned by or under the jurisdiction of the County, the Sign may be removed immediately by the County without notice or compensation to the Owner of the Sign.
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13.8 The Director, in their sole opinion, shall determine whether any Sign is in compliance with this By-law and where the Owner is not complying with the provisions of this By-law.
13.9 The County shall not be liable for any damages or loss to the Owner of any Sign whether or not that Sign was displayed in accordance with this By-law or that was removed by the County pursuant to the provisions of this By-law.
14. Conflict
14.1 This By-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the County or by any governmental authority having jurisdiction to make such restrictions or regulations.
14.2 If there is a conflict between a provision of this By-law and a provision of any other County By-law, the provision that establishes the higher standard to protect the health and safety of the public and to maintain a clean and tidy condition on land shall apply.
15. Severability
15.1 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in certain circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect.
16. Applicability
16.1 Any Sign that is lawfully erected or displayed on or before the day this By-law comes into force, but does not comply with this By-law, shall be allowed to remain in place until January 1, 2023, so long as it is not in any way substantially altered, provided that the maintenance and repair of the Sign or a minor change in the message displayed shall not constitute an alteration.
16.2 Where, in the Director’s opinion, a Sign that is lawfully erected or displayed on or before the day this By-law comes into force, is determined to be non-compliant with this By-law, that existing Sign shall be brought into compliance with this By-law on or before January 1, 2023.
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17. Freedom of Information
17.1 Personal information collected pursuant to the Municipal Freedom of Information and Privacy Act will only be used for the purpose of this By- law. Personal information will not be released except in accordance with the Municipal Freedom of Information and Privacy Act.
18. Effective Date
18.1 This By-law shall come into full force and effect on the day of passage.
18.2 By-law Nos. 2007-55 and 2020-08 be repealed.
Read a first, second and third time and passed in Open Council this ______day of ______, 2020.
______J. Murray Jones, Warden ______Lynn Fawn, Clerk
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Schedule “A” – Bush Country Signs
1. Pursuant to Section 4.1 of this By-law, Signs may be erected within the County road allowance of the following roads under the jurisdiction of the County by an Applicant having first obtained an appropriate Sign Permit from the County:
Bush Country Description Road 36 Provincial Highway 28 to City of Kawartha Lakes Boundary 37 County Road 16 to County Road 23/36 44 County Road 46 to Township of Douro Dummer Boundary 46 County Road 44 to County Road 504 47 County Road 46 to County Road 44 49 City of Kawartha Lakes Boundary to County Road 121 52 County Road 504 to Fire Route 88 54 County Road 620 east to Chandos Lake 56 Provincial Highway 28 to County Road 6 121 County Road 49 to City of Kawartha Lakes Boundary 503 City of Kawartha Lakes Boundary to County of Haliburton Boundary 504 Provincial Highway 28 to County of Hastings Boundary 507 County Road 36 to the County of Haliburton Boundary 620 Provincial Highway 28 to County of Hastings Boundary
2. A Sign may be erected upon a Road Allowance of any road under the jurisdiction of the County identified in this Schedule “A”, subject to the following conditions:
i. execution of a Sign Permit with the County to the satisfaction of the Director;
ii. payment of the Sign Permit application fee as prescribed in the Tariff of Fees By-law, as amended;
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iii. submission of required information in accordance with this By-law describing the Sign proposed to be erected; iv. Signs shall not be permitted to be installed within a Settlement Area; v. Signs shall be of a maximum size of 5.9 square metres (64 sq. ft.); vi. Signs shall be erected on a firm foundation firmly secured into or on the ground to the satisfaction of the Director; vii. Signs and Sign Structures shall designed and inspected by a BCIN designer; viii. illumination of Bush Country Signs shall not be permitted; ix. the location of Signs shall be selected on the basis of mitigating impacts to the natural environment in order to minimize vegetation removal and impacts to other natural features; x. Signs shall be placed as close to the property limit of the Road Allowance as possible; xi. no Sign will be allowed to be erected between the edge of the pavement and the centre-line of the ditch or in such a manner as to impede drainage or cause an impact to public safety; xii. no Sign will be permitted to be installed along the frontage of properties with less than 100 metres (328 feet) of frontage along a County Road Allowance and within the sight visibility of a residential home, at the sole discretion of the Director of Infrastructure Services or designate; xiii. only Single Faced Signs will be permitted to be installed at a maximum 45 degree angle to the on-coming direction of traffic; xiv. the Applicant acknowledges that issuance of a Sign Permit is for permission the use, occupancy and maintenance of the County property immediately surrounding the Sign;
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xv. proof of commercial general liability insurance in an amount no less than $5,000,000, naming the County as an additional insured and containing a cross liability clause shall be submitted to the County on an annual basis;
xvi. an indemnification and hold harmless undertaking in favour of the County and signed by the Applicant or by a Person having the authority to bind the Applicant, and;
xvii. other such information as the Director may require.
3. All other provisions contained in this By-law shall apply to this Schedule “A”.
4. Receipt of an application and/or a fee for a Sign Permit by the County shall not represent approval of the application for the issuance of a Sign Permit nor shall it obligate the County to issue a Sign Permit.
5. No Person shall transfer or assign their Sign Permit. In the event that a Person attempts to transfer or transfers their Sign Permit, the Sign Permit shall be deemed to be void and there shall be no return of any fee paid to the County.
6. Every Sign shall show thereon the name of either the Person or Owner of the Sign responsible for the erection and maintenance thereof and for the payment of fees.
7. Where a Sign Permit has been issued and no activity associated with the installation of said Sign has commenced after ninety (90) days of issuance of a Sign permit, the Sign Permit shall be deemed to be void and cancelled and there shall be no return of any fee paid to the County.
8. Any Sign placed in the County Road Allowance and found to be in violation of this By-law shall be subject to seizure by the County and such seized sign shall be stored for up to seven (7) days after the date of removal by the County. The Owner may retrieve a Sign stored by the County but, after a period of seven (7) days the County may and without notice or compensation to any Person, destroy or otherwise dispose of any Sign that has not been retrieved within the aforementioned period.
9. The Sign removal fee for costs incurred by the County shall be pursuant to provisions of the Tariff of Fees By-law, as amended.
10. The County reserves the right to remove any offending Sign, any Sign placed within a County Road Allowance that is deemed to be a hazard or otherwise that is in non- compliance with this By-law without notice to any Person and without compensation to the Owner of the Sign.
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11. The County shall not be liable for any damages or loss to a Sign that was removed by the County or any Person pursuant to the provisions of this By-law.
12. Issuance of a Sign Permit by the County represents authorization granted to an Owner by the County to occupy an area of land within a County Road Allowance only, subject to the requirements of this By-law. By issuing a Sign Permit, the County does not guarantee to an Owner continued use or occupancy of said land and retains the right to revise, amend, remove, relocate, terminate or otherwise modify the terms and condition under which any Sign Permit may be issued.
13. Payment of any Sign Permit fee as prescribed in Tariff of Fees By-law shall apply only for that calendar year in which it is issued and shall be deemed to have expired as of December 31 in each year. A Sign Permit may be renewed annually by an Owner through the payment of a Sign Permit maintenance fee as prescribed in Tariff of Fees By-law unless the continuation of a Sign Permit is prohibited or discontinued by the County. Fees shall not be pro-rated or refunded.
14. Bush County Sign Permits shall lapse and shall be deemed to have expired immediately upon the date of passage of five (5) years (1825 days) from the date of issuance of the Sign Permit by the County or from the date of passage of this By- law, whichever date is determined to be the applicable date. The Owner of a lapsed Sign Permit may re-apply for a new Sign Permit in accordance with the provisions of this By-law and shall maintain the first right-of-refusal for the current Sign location upon renewal at the end of the period of approval of the Sign Permit as issued by the County.
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County Council
To: Warden and Members of Council From: Doug Saccoccia, Manager, Engineering and Design Chris Allen, Purchasing Supervisor Date: October 21, 2020
Subject: FIN 2020 047 – Council’s Approval to Award T-14-2020 Roadside Safety Devices, Supply & Installation Recommendation: That Council receives Report FIN 2020 047 – Council’s Approval to Award T-14-2020 Roadside Safety Devices, Supply & Installation, from the Manager, Engineering and Design and the Purchasing Supervisor; and further That Council approves the award of Tender T-14-2020 Roadside Safety Devices, Supply & Installation to Peninsula Construction Inc. in the amount of $286,186.63 (including HST); and further That a by-law be passed to authorize the County of Peterborough to enter into an Agreement with Miller Paving Limited for Tender T-14- 2020 Roadside Safety Devices, Supply & Installation.
Overview The County of Peterborough requested Bid submissions for the Supply & Installation of Roadside Safety Devices program on Tender No. T-14-2020. With the lowest bid received, the overall cost of the project is over budget by $17,719.92. The work is to commence immediately and is to be completed before the end of 2020 as it is a 2020 budget item. As stated in the Purchasing Policy (FI-30), “No award of a Contract may be approved unless the Contract Value can be accommodated within the Approved Budget.”
Financial Impact The County called for tender submissions for the installation of roadside safety devices at the following locations;
1. On the North side of County Road 12, from the intersection at Atkison Road easterly for 260m
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2. On the South side of County Road 12, from, the intersection at Atkison Road easterly for 290m 3. On the North side of County Road 504, from 1.4km east of Jack Lake Road easterly for 365m 4. On the South side of County Road 504, from 1.4 km east of Jack Lake Road easterly for 355m Of eight (8) document takers, three (3) bids for were received for Tender No. T-14-2020, as follows: Total Net of Contractor Bid (incl. H.S.T.) refundable H.S.T. 535276 Ontario Inc. $326,852.50 $294,340.80 Peninsula Construction Inc. $286,186.63 $257,719.92 Almon Equipment Ltd. $345,780 $311,385.60
Peninsula Construction Inc. submitted the lowest compliant bid based on the following summary: Summary – Bid vs. Approved Budget
Low Bid (excluding HST) $253,262.50 Net HST (1.76%) $4,457.42 Total Construction Costs $257,719.92 County Project Management, contract $10,000.00 administration & Inspection services Total project $267,719.92
2020 project budget (G/L 877912) : $250,000.00
Estimated surplus/(deficit) of project ($17,719.92)*
*Deficit will be balanced through surplus of other 2020 Capital Projects
Anticipated Impacts on Local and/or First Nations Communities Works completed under T-10-2020 are classified as Schedule A+ activities under the Municipal Class Environmental Assessment (MCEA) process and are subject to limited screening. Page 2
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Link to County of Peterborough Strategic Plan Priorities To provide high quality services to residents, businesses and Townships. ☐ Communications ☒ Financial Responsibility ☐ Housing ☐ Industry & Business ☒ Infrastructure ☐ Organizational Development
In consultation with: 1. Sheridan Graham, Acting CAO 2. Grant Murphy, Director, Infrastructure Services 3. Peter Nielsen, Manager, Infrastructure Programs
Communication Completed/required: Communicate the award with Peninsula Construction Inc. upon approval.
Attachments
Respectfully Submitted, Respectfully Submitted, Original Signed by Original Signed by
Doug Saccoccia, P.Eng. Chris Allen Manager, Engineering & Design Purchasing Supervisor
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County Council
To: Warden and Members of Council From: Sheridan Graham, Acting CAO/Director, Corporate Projects & Services Date: October 21, 2020
Subject: CPS 2020 051 Restructuring of the Budget Process Re-design Committee to Finance Committee Recommendation: That, County Council approve the rename, amended mandate and term of the Finance Committee.
Overview This report is seeking Councils’ approval to re-scope the mandate of the present Budget Process Redesign Committee to that of a Finance Committee. Background The Budget Process Redesign Committee was originally established to guide the 2021 budget development and process. The success of this committee and the ability to work collaboratively with staff and Council has been invaluable. It is recommended that the scope and mandate of this committee be expanded to enable a fulsome financial scope. Analysis The mandate of the Finance Committee will be to provide direction on strengthening financial and administrative practices, identifying corporate financial goals and providing guidance on budget development. The Committee is responsible to review high-level fiscal and broad corporate planning. It will review and provide advice and recommendations to Council in respect of the Operating and Capital budgets, a budget reporting framework, efficiency and investment reports and provide guidance on corporate performance measurement policies. The Committee will address matters related to communications and public engagement as it relates to County finance and budget matters. The term of the committee will be for the term of Council.
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It is envisioned that County Council will rely on the Finance Committee to provide recommendations to Council that have been reviewed in-depth with staff to ensure that the recommendations align with corporate policy and give a level of comfort to Council in making their important decisions.
Financial Impact None. Anticipated Impacts on Local and/or First Nations Communities Public engagement and communications related to financial policy, budget and decisions will be part of the mandate of the Finance Committee. Link to County of Peterborough Strategic Plan Priorities To provide high quality services to residents, businesses and Townships. ☒ Communications ☒ Financial Responsibility ☒ Housing ☒ Industry & Business ☒ Infrastructure ☐ Organizational Development
In consultation with:
1. Finance Committee Communication Completed/required: None at this time. Attachments 1. Terms of Reference – Finance Committee Respectfully Submitted, Original Signed by: Sheridan Graham Acting CAO, Director, Corporate Projects & Services
For more information, please contact Sheridan Graham Acting CAO, Director, Corporate Projects & Services [email protected] Tel: 705-743-0380 ext. 2500
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The County of Peterborough
Terms of Reference Finance Committee
1. Mandate of Committee
The Finance Committee is an ad hoc Committee of Council.
The Finance Committee provides direction on strengthening financial and administrative practices, identifying corporate financial goals, and providing guidance on budget development. The Committee is responsible to review high- level fiscal and management policy issues, including the development of a fiscal framework and broad corporate financial planning. It will review and provide advice to council in respect of the Operating and Capital Budgets, a budget reporting framework, efficiency and investment reports, and provide guidance on corporate performance measurement policies. The committee will oversee the County’s audit functions and report to council. The Committee will address all matters related to communications and public engagement as it relates to County finance and budget.
2. Composition of Committee
The Committee will be appointed by Council and will consist of the following members:
Four (4) – members of Council: Warden Jones (ex-officio) Deputy Warden Mitchell Councilor Burtt Councilor Clark Councilor Graham
Three (3) – County staff representatives Director of Finance/Treasurer Director of Infrastructure Services Director, Corporate Projects & Services
One (1) – County staff – Committee Secretary Deputy Clerk
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3. Appointments to Committee
Appointment to this Committee is made by the County Warden.
4. Term of Committee
The term of the Committee shall be the term of County Council.
5. Meetings
The Committee will meet at a minimum monthly, or more frequently as discussed and agreed upon by the Committee. If it is not necessary to meet this often or, if it is necessary to meet more frequently, meetings will be held at the call of the Chair.
Additional meetings may be called at the discretion of the Chair with the consensus of the Committee.
Meetings will follow a written agenda and minutes will be kept which accurately reflect the recommendations of the Committee. Minutes will be provided to County Council for information.
The location of meetings will be set by the Committee. The Committee meetings will take place at the County Courthouse, 470 Water Street, Peterborough. Council appointees will be paid mileage for attendance at meetings.
Meetings will last no longer than two (2) hours except under extraordinary circumstances.
Any person with particular relevant experience may be invited to attend a Committee meeting in order to provide information or advice but only members of the Committee may vote on matters coming to the Committee.
6. Selection of Chair and Vice-Chair
A Chairperson and Vice-Chairperson (Vice-Chair) will be elected at the first meeting of the Committee and will hold the position of Chair for the full term of the Committee.
In the absence of the Chair, the Vice-Chair will act on behalf of the Chair.
The Chair will be responsible for calling, convening and conducting meetings of the Committee.
The Committee Secretary will distribute the approved agenda to the members of the Committee one (1) week prior to the date of each meeting.
Staff representatives will not be eligible to hold these positions.
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7. Quorum
Attendance of a minimum of fifty percent (50%) plus one (1%) of the Committee members at any regular or special scheduled meetings will constitute a Quorum.
If there is no quorum of the Committee present within thirty (30) minutes of the scheduled start of the meeting, the Chair will: - Record the names of the members present and those absent, and; - Conclude the meeting until the next scheduled meeting or the Chair may call for a Special Committee meeting.
8. Governance
The Committee will seek to achieve decisions on a consensus basis. Motions will be “carried” if supported by the consensus of the Committee.
In the instance where consensus cannot be achieved, the Chair may call for a vote of those Committee members who form a quorum at the current meeting, with the majority vote prevailing.
Resolutions as they appear in the adopted minutes will be considered to be officially representing the position of the Committee.
Once a recommendation has been approved by the Committee, all members shall support the motion as approved in discussions at Council or with others.
Staff representatives will not be eligible to vote on recommendations of the Committee.
9. Authority of Committee
The Committee is a Working Committee of Council and staff will work with the Committee to provide information and reports needed in order for the Committee to make informed and appropriate recommendations to County Council.
Any recommendations stemming from the committee requiring implementation must first be considered by County Council.
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Staff Report
County Council
To: Warden and Members of Council From: Kari Stevenson, Deputy Clerk Date: October 21, 2020
Subject: CPS 2020-50 – 2020 Warden’s Election Process Recommendation: That, Council receive Report CPS 2020-50; and further That, by a two-thirds vote, Council suspend the Rules of Procedure under Sections 28 and 30 of Procedure By-law No. 2020-04, and Schedules B, C and D, to allow for an alternative method for the election of Warden and the Nominating Committee to be held at the December 9, 2020 Special Council Meeting. Overview Section 28 of Procedure By-law No. 2020-04, together with Schedules A-D of said By- law, sets out the manner in which the Warden and Nominating Committee are elected every two years.
Background On October 7, 2020, Council received a report from the Deputy Clerk regarding an alternative method to hold the elections scheduled for December 9, 2020. From the discussion that followed, staff heard the importance of the candidates address. Additionally, the majority of members were not concerned with the County Auditor knowing which way they voted or the involvement of scrutineers. A suggestion was made that an email could be sent to the County Auditor with the choice of candidate and the Auditor would announce the successful candidate. Process The Nomination Form set out in Schedule B will be recreated to a fillable PDF form which may be signed electronically by the Nominee and their two supporters. This form will be provided to members of Council in early November. To be considered a valid nomination, the completed Nomination form shall be submitted to the Clerk no later than 4:30 p.m. on the second Friday of November (November 13, 2020). The delivery of this form may be made electronically.
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At the Regular Council meeting scheduled for November 18, 2020, the Clerk will report to Council on the valid nominations received for the position of Warden and will ask each Warden candidate to confirm they still want their name on the ballot. The Clerk will announce whether an election will be held December 9, 2020, or if an acclamation will occur. The first regular meeting of County Council is scheduled for Friday, December 11, 2020. Staff are recommending that the December 9, 2020 Special Council Meeting be held electronically through the Zoom platform and live streamed to YouTube. For the voting process, at the conclusion of the candidates addresses, the meeting will be recessed for a period of time long enough for each member to email their one choice for Warden to the County Auditor. Staff are recommending that only the County Auditor need to participate in this amended election process. The representative(s) from BakerTilly will participate in the meeting through Zoom. They will tally the votes and announce the successful candidate once the meeting has been reconvened. Nominating Committee
The process for the election of the Nominating Committee is set out in Schedule D of the Procedure By-law. There has not been an election in the past few years as not more than three members of Council (in addition to the Warden and Immediate Past Warden) have been nominated to sit on the Committee. If more then three members of Council are nominated, the same email vote process will be used.
Suspension of the Rules
Section 27.3.14 of the Procedure By-law states:
“27.3.14 Suspend the Rules – Allows the members to set aside temporarily the rules of procedure contained in this By-law or in the Standard Code of Parliamentary Procedure to take some action contrary to the rules. It cannot be used to suspend rules in higher documents of authority, including the law, unless the rule in the higher document of authority permits it to be suspended. When stating the motion the member need not specify the rule being suspended, only the action he wishes to be taken. When the actions have been taken, the Council will return to its regular rules of order.
Only rules of order may be suspended, such matters as voting requirements, quorum rules, rules specifying notice requirements, and fundamental rights of a member cannot be set aside or suspended.
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The motion to suspend cannot interrupt a speaker, requires a second, is not debatable, cannot be amended, and requires a two-thirds (2/3) vote of the members present and voting.” As this alternative method is quite different then what is set out in the Procedure By-law, staff are requesting a two-thirds motion to suspend the rules to temporarily set aside the rules of procedure contained in Section 28, Term of Office and Nominations and Section 30, Committees. Financial Impact The County will not see any increased costs with the electronic meeting and election method suggested herein and may even see some slight savings. Anticipated Impacts on Local and/or First Nations Communities Not applicable. Link to County of Peterborough Strategic Plan Priorities To provide high quality services to residents, businesses and Townships. ☒ Communications ☒ Financial Responsibility ☐ Housing ☐ Industry & Business ☐ Infrastructure ☐ Organizational Development
In consultation with: 1. Sheridan Graham, Acting CAO/Director, Corporate Projects & Services 2. Lynn Fawn, Clerk/Manager, Legislative Services Communication Required: Staff will prepare a Notice for the website and advise the lower-tier Clerks regarding the decision of Council for the Special Council meeting scheduled for December 9, 2020. Attachments: None. Respectfully Submitted,
Original Signed by:
Kari Stevenson, Deputy Clerk
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For more information, please contact Kari Stevenson, Deputy Clerk [email protected] 705-743-0380 x 2101
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Staff Report
County Council
To: Warden and Members of Council From: Trena DeBruijn, Director of Finance/Treasurer Chris Allen, Purchasing Supervisor Date: October 21, 2020
Subject: FIN 2020 042 Purchasing Awards – September 2020 Recommendation: That the Purchasing Awards Report for September 2020 be received.
Overview For Council’s information, this report includes Staff approved purchasing awards for the month of September 2020.
Background In accordance with the Purchasing Policy FI-30: Purchasing will provide a report to Council outlining all awards that fall within Staff Authorized Awards in excess of $30,000. This report shall be for information purposes only. Analysis Staff approved the following award in accordance with the Purchasing Policy FI-30 for the month of September 2020.
1) T-13-2020 – Curbside Organics Collection in the village of Bridgenorth - approved by the Director Infrastructure Services and the Director of Finance. Peterborough County requested bid submissions for the Curbside Organics Collection in the Village of Bridgenorth on RFT No. T-13-2020. The award was issued to Waste Connections of Canada Incorporated in the amount of $83,341.18 (including non refundable HST) and pricing falls within budget. 2) T-13-2017 – Leaf & Yard Curbside and Depot Collection - 2020 Contract Extension – approved by the Director of Infrastructure Services, the Director of Finance, and the acting CAO.
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Peterborough County’s leaf & Yard Curbside and Depot Collection Tender from 2017 is in it’s final year of extensions. Waste Connections of Canada Inc. and the County agreed to a price increase of 2%, or a total of $124,000 (before HST) for curbside collection and $24,300 (before HST) for the Depot Collection. All totals fall within the approved budget. 3) SS-15-2020 – Softchoice Microsoft Agreement - approved by the acting CAO The licensing agreement covers all the County’s Microsoft (MS) products which is everything from our 20 Servers, 2 SQL Servers and associated end user licenses (Finance and GIS) to our end user email and Office (O365) accounts. This includes 110 full MS Office accounts (office staff like us) and 150+ Exchange accounts (email for medics and email only staff). The award was issued to Softchoice in the amount of $69,642.93 including non refundable HST, which falls within budget.
Forthcoming Bid opportunities: T-15-2020 – Retaining Wall Replacement at CR 4 November 2020
T-16-2020 – Westwood Bridge Replacement December 2020
T-17-2020 – Snow removal services at Peterborough and October 2020 Lakefield locations P-10-2020 – Rooftop HVAC unit replacement – Courthouse October 2020
P-11-2020 – Supply of Mailing Machine and postage service October 2020
P-XX-2020 – OSIM Bridge Inspections November 2020
P-XX-2020 - Development Charges Study November 2020
Financial Impact As outlined above. Anticipated Impacts on Local and/or First Nations Communities Not applicable. Link to County of Peterborough Strategic Plan Priorities To provide high quality services to residents, businesses and Townships. ☐ Communications ☒ Financial Responsibility ☐ Housing ☐ Industry & Business ☒ Infrastructure ☐ Organizational Development
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In consultation with: 1. Acting CAO, Sheridan Graham Communication Completed/required: None. Attachments None.
Respectfully Submitted, Respectfully Submitted, Original Signed by: Original Signed by:
Trena DeBruijn, Chris Allen, Director of Finance/Treasurer Purchasing Coordinator
For more information, please contact Chris Allen, Purchasing Supervisor [email protected] 705-743-0380 #2206
PagePage 107 3 of 149
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The County of Peterborough
County Council
To: Warden and Members of Council From: Trena DeBruijn, Director of Finance/Treasurer Date: October 21, 2020
Subject: FIN 2020-50 - Investment Report – August 2020 Recommendation: Receive for Information.
Overview This report includes information about investments held by the County as at August 31, 2020. Background The County of Peterborough’s Investment Policy FI-6 states: “When investments are held, the Treasurer or Deputy Treasurer will prepare a monthly report to Council outlining the investments held in each fund by the Corporation. This report will outline the issuer, type of investment, par amount, maturity date and the purchase price and yield of each investment held in these funds.” This report is provided for Council’s information in compliance with Policy FI-6. All investments meet the criteria established in Policy FI-6. Analysis As at August 31, 2020 the County of Peterborough had $11,315,299 invested as follows: Invested with CIBC Wood Gundy: a. CIBC Bank Bond, $3,000,000, yield 2.496%, Maturity November 15, 2025 b. CIBC Guaranteed Investment Certificate (GIC), $1,662,186, yield 2.5%, Maturity June 6, 2022 c. CIBC Guaranteed Investment Certificate (GIC), $998,600, yield 2.26%, Maturity October 30, 2023
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d. CIBC Guaranteed Investment Certificate (GIC), $1,000,000, yield 2.58%, Maturity October 30, 2024 e. CIBC cash balance to be reinvested, $1,916,574 f. CIBC GIC, $1,717,269, yield 1.85%, due July 8, 2021.
Invested with Manulife Securities:
a. Investment Savings Account $1,020,670 at 1.25% No term Financial Impact No impact. Anticipated Impacts on Local and/or First Nations Communities None Link to County of Peterborough Strategic Plan Priorities To provide high quality services to residents, businesses and Townships. ☐ Communications ☒ Financial Responsibility ☐ Housing ☐ Industry & Business ☐ Infrastructure ☐ Organizational Development
In consultation with: 1. Acting CAO, Sheridan Graham
Communication Completed/required None required. Attachments None. Respectfully Submitted, Original Signed by Trena DeBruijn Director of Finance
For more information, please contact Trena DeBruijn, Director of Finance [email protected] 705 743-0380 ext. 2200
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Staff Report
To: County Council
From: Elizabeth Hope, Administrative Services Assistant
Date: Wednesday, October 21, 2020
Subject: CPS 2020 49 Correspondence Report Recommendation: Receive for Information
Overview
The purpose of this report is to provide Council with a list of correspondence matters received since the last County Council meeting.
Background
All matters contained within this report are considered to be routine and housekeeping in nature and to facilitate Council’s consideration can be approved with one motion. Copies of each item listed are available upon request from the Clerk’s office. Copies being provided are indicated by an asterisk (*). General Correspondence
1. Office of the Solicitor General: Email received October 2, 2020 regarding “Anti- Racism Directorate (ARD) and Community Safety and Policing Act, 2019.” 2. Ministry of Municipal Affairs and Housing: Email received October 8, 2020 regarding “A message from Minister Steve Clark.” * 3. Ministry of Finance: Email received September 30, 2020 regarding “Budget Consultations: Submit your idea.” * 4. Township of Cavan Monaghan: Resolution dated October 5, 2020 regarding “COVID-19 Funding for Capital Purchases.” (County Council supported the EOWC resolution regarding COVID-19 Funding for Capital Purchases at the October 7, 2020 Council Meeting.) 5. Township of Lake of Bays: Letter dated October 9, 2020 regarding “Reform to the Municipal Insurance Policy.” * 6. Town of Plimpton-Wyoming: Resolution dated September 30, 2020 regarding “Support of Resolution from Wollaston Township regarding a Request to review the
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Municipal Elections Act.” (County Council received the Township of Wollaston’s resolution at the October 7, 2020 Council Meeting.) 7. New Canadian Centre: Email dated September 29, 2020 regarding “October 2020 Newsletter.”
County-funded Projects
N/A Information Only Correspondence
N/A
Respectfully Submitted, Original Signed by Elizabeth Hope Administrative Services Assistant
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Page 112 of 149 Green, Katie
From: Green, Katie Sent: Thursday, October 8, 2020 2:27 PM To: Green, Katie Subject: FW: A message from Minister Steve Clark /Un Message du minister Steve Clark
From: Minister (MMAH)
October 8, 2020
Dear Heads of Council and Chairs of District Social Services Administration Boards: On August 28, 2020, our government announced its intention to stabilize rent by introducing legislation this fall to ensure that the vast majority of families do not see a rent increase in 2021.
On October 1, 2020, the Helping Tenants and Small Businesses Act, 2020 received Royal Assent. The Act amends the Residential Tenancies Act, 2006 (RTA), to deliver on the commitment to freeze residential rent increases in 2021 to give the vast majority of Ontario tenants some relief and financial security as we continue to recover from the pandemic.
The amendments set the 2021 rent increase guideline to zero per cent and freeze annual rent increases starting January 1, 2021 and lasting until December 31, 2021. The rent freeze applies to the majority of rental units that are covered by the RTA, including:
Newly built units occupied for the first time on or after November 15, 2018, which are typically exempt from the rent increase guideline; Purpose-built rental apartments, condos, houses and basement apartments; Rented sites in mobile home parks and land lease communities; Care homes, including retirement homes; Affordable housing units created through various federally and/or provincially funded programs; and Households living in community housing that receive rent-geared-to-income (RGI) assistance or pay low end of market rent, with the exception of non-profit housing co-op members who pay market rates. The Ministry of Municipal Affairs and Housing is committed to engaging the community housing sector through consultations under the Community Housing Renewal Strategy to monitor and understand the impacts of the rent freeze, as we work together to mitigate the financial impacts of COVID-19 on Ontarians, increase housing affordability, and deliver on our goal to sustain and grow the community housing system.
The Act is available online here and additional details can be found online here.
On behalf of our government, I would like to extend our thanks for your support in working with the ministry to support tenants during this challenging time. We welcome your continued input and look forward to continuing to work with our municipal partners in the coming months.
1 Page 113 of 149
Sincerely,
Steve Clark Minister
______
Le 8 octobre 2020 Aux présidentes et présidents des conseils municipaux et des conseils d'administration de district des services sociaux, Le 28 août 2020, notre gouvernement a annoncé son intention de stabiliser les loyers en déposant cet automne un projet de loi visant à s’assurer que la vaste majorité des familles n’auront pas d’augmentation de loyer en 2021.
Le 1er octobre, la Loi de 2020 visant à soutenir les locataires et les petites entreprises a reçu la sanction royale. Cette loi modifie la Loi de 2006 sur la location à usage d’habitation (LLUH) pour respecter cet engagement de geler les loyers résidentiels en 2021 afin d’alléger le fardeau de la vaste majorité des locataires de l’Ontario et de favoriser leur sécurité financière pendant que nous continuons à nous rétablir de la pandémie.
Ces modifications fixent à 0 % le taux légal d’augmentation des loyers du 1er janvier au 31 décembre 2021. Ce gel des loyers s’applique à la plupart des logements locatifs visés par la LLUH, y compris : les nouveaux logements occupés pour la première fois le 15 novembre 2018 ou après, qui sont normalement exemptés du taux légal d’augmentation des loyers; les appartements (y compris au sous-sol), les maisons et les condominiums loués; les habitations louées dans les parcs de maisons mobiles et les zones résidentielles à baux fonciers; les maisons de soins, y compris les maisons de retraite; les logements abordables créés dans le cadre de divers programmes financés par les gouvernements fédéral et provincial; les logements communautaires occupés par des ménages qui reçoivent une aide sous forme de loyer indexé sur le revenu (LIR) ou qui paient un loyer du segment d’entrée de gamme du marché, à l’exception des membres de coopératives de logement sans but lucratif qui paient le loyer du marché.
Le ministère des Affaires municipales et du Logement mènera des consultations avec le secteur du logement communautaire dans le cadre de la Stratégie de renouvellement du secteur du logement communautaire afin de surveiller et de comprendre l’incidence du gel des loyers, pendant que nous travaillons de concert afin d’atténuer les conséquences financières de la COVID-19 pour la population ontarienne, de rendre le logement plus abordable et de réaliser notre objectif de soutenir le système de logement communautaire et d’en assurer l’expansion.
Le texte de la loi est accessible ici, et des précisions à son sujet peuvent être obtenues en ligne ici.
2 Page 114 of 149 Au nom du gouvernement, je vous remercie de collaborer avec le ministère pour donner du soutien aux locataires en cette période difficile. Nous sommes toujours disposés à recevoir vos commentaires, et nous nous ferons un plaisir de poursuivre notre collaboration avec nos partenaires municipaux au cours des mois à venir.
Veuille agréer, Madame, Monsieur, mes sincères salutations.
Steve Clark Ministre
3 Page 115 of 149 Page 116 of 149 Green, Katie
From: Green, Katie Sent: Friday, October 9, 2020 1:25 PM To: Green, Katie Subject: Fw: Budget Consultations: Submit your idea / Consultations budgétaires : Soumettez vos idées
From: Minister of Finance Rod Phillips
En Français
Dear Murray Jones, Building on the government’s significant engagements throughout 2020, consultations for the Fall 2020 Budget are officially underway. While investing in frontline health care and protecting families and workers remains the top priority, we value your ideas and invite you to tell us what you want to see in the next phase of Ontario’s Action Plan. As a limited amount of stakeholder consultations are being held virtually, we encourage you to share your ideas on what you would like to see in the upcoming Fall Budget by email or mail to: Email: [email protected]
The Honourable Rod Phillips Minister of Finance c/o Budget Secretariat Frost Building North, 3rd floor 95 Grosvenor Street Toronto ON M7A 1Z1
To allow time for processing, please submit your written ideas by October 16, 2020.
Thank you, Ministry of Finance
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English
Madame/Monsieur Murray Jones, Faisant fond sur les nombreuses occasions de participation proposées par le gouvernement en 2020, les consultations sur le budget de l’automne 2020 ont officiellement commencé. Si les investissements dans les soins de santé de première ligne et la protection des familles et des travailleurs demeurent la priorité absolue, nous accordons de l’importance à vos idées et vous invitons à nous faire part des mesures qui, selon vous, devraient faire partie de la prochaine étape du Plan d’action de l’Ontario. Étant donné le nombre limité de consultations virtuelles auprès des parties prenantes, nous vous encourageons à nous transmettre vos idées par courriel ou par la poste concernant les mesures que vous souhaiteriez voir dans le budget de l’Ontario de l’automne : Courriel : [email protected] L’honorable Rod Phillips Ministre des Finances a/s Secrétariat du budget Édifice Frost Nord, 3e étage 95, rue Grosvenor Toronto (Ontario) M7A 1Z1
Afin que nous puissions avoir suffisamment de temps pour traiter toutes les idées, nous vous demandons de soumettre les vôtres par écrit d’ici le 16 octobre 2020.
Merci Ministère des Finances
2 Page 118 of 149 LAKE T 705-635· 2272 TOWNSHIP OF LAKE OF BAYS TF 1-877-566-0005 1012 Dwight Beach Rd • QfBAYS F 705-635-2132 Dwight, ON POA lHO • • MUSKOKA •
October 9, 2020
Via Email
Honourable Doug Ford Premier of Ontario Legislative Building Queen's Park Toronto, ON 1A1
Dear Honourable Premier Doug Ford:
RE: Reform to the Municipal Insurance Policy
On behalf of the Council of the Corporation of the Township of Lake of Bays, please be advised that Council would like to express their concern and request a reform to the Municipal Insurance Policy.
As outlined in the Association of Municipalities of Ontario (AMO) report entitled, "Towards a Reasonable Balance: Addressing Growing Municipal Liability and Insurance Costs", dated October 1, 2019, joint and several liability creates a higher insurance cost for municipalities. Local municipalities within Muskoka have experienced a 20% increase in municipal liability for 2019 and are expecting at least 20% increase for 2020.
Throughout the Township of Lake of Bays, the area of concern is the Errors and Omissions for building code claims. There is a much higher value of newly built cottages/seasonal residences within Lake of Bays and it is populated by a commanding number of ratepayers who possess the financial means to sue and will endure the protracted legal process. The Township has a lower than average number of building claims, however a higher than average payout.
Please consider an amendment to Bill 124 to make it a requirement that the building contractor name be disclosed and that the contractor must provide proof of insurance, thus providing greater accountability and responsibility and ensuring that municipalities will not bear the burden alone.
. .. 2
' ~ ' 100 LAKES TO EXPLORE Page 119 of 149 LAKE T 705-635-2272 TOWNSHIP OF LAKE OF BAYS TF 1-877-566-0005 1012 Dwight Beach Rd • 2.EBAYS F 705-635-2132 Dwight, ON POA lHO • • MUSKOKA •
Page2
Kindly review and consider the recommendations as outlined in the above-noted AMO report. Should you have any questions or concerns, please do not hesitate to contact the Municipal Office at 705-635-2272.
Sincerely,
C~ebM.A., CMO, AOMC, Director of Corporate Services/Clerk.
CS/cw
Copy to: MP, Scott Aitchison MPP, Norm Miller Association of Municipalities of Ontario Municipalities in Ontario
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Staff Report
County Council
To: Warden and Members of Council From: J. Murray Jones, Warden Date: October 21, 2020
Subject: CAO 2020 31 Meetings attended during September 2020 Recommendation: Receive for Information
Overview Warden Activity Report for September 2020 Background Reoccurring Report Analysis The following is a list of meetings and functions I attended as Warden of Peterborough County during the month of September. The majority of these meetings were attended virtually (via video or phone conference). The time spent preparing for the follow-up of these meetings and the time spent on behalf of the Township of Douro-Dummer is not documented.
Sept. 3 Dave Nelson Tribute Meeting Sept. 3 County Control Group Meeting Sept. 3 Council Agenda Review Meeting Sept. 4 Dave Nelson Tribute at Lang Sept. 9 Council Pre-Meeting Sept. 9 County Council Meeting Sept. 10 EORN Meeting Sept. 10 PRLC Pre-Meeting Sept. 10 PRLC Meeting Sept. 15 Curve Lake Pow Wow Video Shoot Sept. 15 Dave Nelson Video Meeting Sept. 15 County Control Group Meeting Sept. 15 Council Agenda Review Meeting
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Sept. 16 EORN Audit Committee Meeting Sept. 17 Met with HR Sept. 17 Mayor and Warden’s Economic Recovery Task Force Meeting Sept. 18 EOWC Meeting Sept. 22 Public Works Thank You Sept. 23 Council Pre-Meeting Sept. 23 County Council Meeting Sept. 25 Budget Committee Meeting Sept. 25 SUN Tree Planting Event Sept. 29 Council Agenda Review Meeting Sept. 29 Chamber of Commerce Business Excellence Awards Video Shoot Sept. 30 Global TV Interview Sept. 30 Dave Nelson Tribute Video Review Sept. 30 MPP Smith Update Meeting
Financial Impact Not Applicable Anticipated Impacts on Local and/or First Nations Communities Not Applicable Link to County of Peterborough Strategic Plan Priorities To provide high quality services to residents, businesses and Townships. ☒ Communications ☐ Financial Responsibility ☐ Housing ☐ Industry & Business ☐ Infrastructure ☐ Organizational Development
In consultation with: 1. Acting CAO Sheridan Graham Communication Completed/required: None Attachments: None
Respectfully Submitted, Original Signed by:
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J. Murray Jones Warden
For more information, please contact: Karla Sampson, Executive Assistant to the CAO and Warden [email protected] 705-743-0380 Ext. 2103
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Staff Report
County Council
To: Warden and Members of Council From: Andy Mitchell, Deputy Warden Date: October 21, 2020
Subject: CAO 2020 32 Meetings attended during September 2020 Recommendation: Receive for Information
Overview Deputy Warden Activity Report for September 2020 Background Reoccurring Report Analysis The following is a list of meetings and functions I attended as Deputy Warden of Peterborough County during the month of September. All of these meetings were attended virtually (via video or phone conference) with the exception of Dave Nelson’s Service. The time spent preparing for the follow-up of these meetings and the time spent on behalf of the Township of Selwyn is not documented.
Sept. 3 County Control Group Meeting Sept. 3 Met with Public Health Treasurer Sept. 3 Council Agenda Review Meeting Sept. 4 Service for Dave Nelson Sept. 4 Met with MOH Sept. 9 County Council Meeting Sept. 9 Board of Health Sept. 9 PRLC Pre-Meeting Sept. 9 PRLC Meeting Sept. 11 Met with MOH Sept. 15 County Control Group Meeting Sept. 15 Council Agenda Review Meeting Sept. 15 Budget Redesign Committee Meeting Sept. 17 Mayor and Warden’s Economic Recovery Task Force Meeting
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Staff Report
Sept. 17 Met with MOH Sept. 23 County Council Meeting Sept. 23 Board of Health Sept. 25 Budget Redesign Committee Sept. 25 Met with MOH Sept. 29 Council Agenda Review Meeting Sept. 30 Met with MPP
Financial Impact Not Applicable Anticipated Impacts on Local and/or First Nations Communities Not Applicable Link to County of Peterborough Strategic Plan Priorities To provide high quality services to residents, businesses and Townships. ☒ Communications ☐ Financial Responsibility ☐ Housing ☐ Industry & Business ☐ Infrastructure ☐ Organizational Development
In consultation with: 1. Acting CAO Sheridan Graham Communication Completed/required: None Attachments: None
Respectfully Submitted, Original Signed by: Andy Mitchell Deputy Warden
For more information, please contact: Karla Sampson, Executive Assistant to the CAO and Warden [email protected] 705-743-0380 Ext. 2103
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Page 126 of 149 COUNTY OF WELLINGTON
KIM COURTS 74 WOOLWICH STREET
DEPUTY CLERK GUELPH, ONTARIO T 519.837.2600 x 2930 N1H 3T9 F 519.837.1909 E [email protected]
October 2, 2020 Sent via email to all Ontario Municipal Clerks
Dear Municipal Clerks,
At its meeting held September 24, 2020, Wellington County Council approved the following recommendation from the Administration, Finance and Human Resources Committee:
WHEREAS previous assessment methodologies for aggregate resource properties valued areas that were used for aggregate resources or gravel pits at industrial land rates on a per acre basis of the total site and such properties were formally classified and taxed as industrial lands; and
WHEREAS Wellington County Council supports a fair and equitable assessment system for all aggregate resource properties; and
WHEREAS the Municipal Property Assessment Corporation determined, with the participation only of the Ontario Stone, Sand and Gravel Association, revised criteria for assessing aggregate resource properties; and
WHEREAS Wellington County Council has concerns that the revised criteria does not fairly assess the current value of the aggregate resource properties.
NOW THEREFORE BE IT RESOLVED:
(a) That Wellington County Council does not consider the revised criteria for assessment of aggregate resource properties as a fair method of valuation for these properties; and
(b) That Wellington County Council believes there is a need to review the current assessment scheme for aggregate resource properties to address the inequity of property values; and
(c) That Wellington County Council hereby calls upon the Province to work with the Municipal Property Assessment Corporation to address the assessment issue so that aggregate resource properties are assessed for their industrial value; and
Page 127 of 149 (d) That Wellington County Council direct the Clerk to provide a copy of this motion to the Ministers of Finance; Municipal Affairs and Housing; and Natural Resources and Forestry; and to AMO, ROMA, and all Ontario municipalities and local MPP(s).
Please find the Aggregate Resource Property Valuation and Advocacy report and Municipal Resolution enclosed.
Wellington County Council is requesting that all Ontario municipalities adopt the Municipal Resolution and forward to Donna Bryce, Wellington County Clerk at [email protected] upon passing.
Should you have any questions please contact Ken DeHart, County Treasurer, at [email protected] or call 519.837.2600 ext 2920.
Sincerely,
Kim Courts Deputy Clerk
Page 128 of 149
COMMITTEE REPORT
To: Chair and Members of the Administration, Finance and Human Resources Committee From: Ken DeHart, County Treasurer Date: Tuesday, September 15, 2020 Subject: Aggregate Resource Property Valuation and Advocacy Report
Background: Through the County’s Assessment Base Management Policy and Programme approved in 2016; Wellington County has made significant efforts to maintain, protect and enhance the quality of the assessment roll. This includes reviewing the accuracy of individual assessments and ensuring the equitable distribution of the tax burden. The County remains a strong advocate for the accurate and equitable valuation and property tax treatment of all properties, including gravel pit and aggregate resource properties in the County and throughout Ontario.
The County has been actively pursuing fair and accurate assessment valuations for gravel pits through two streams: 1. Assessment appeals heard by the Assessment Review Board 2. Advocacy through the province on a permanent policy solution
Assessment Appeals The County has filed assessment appeals on all aggregate producing properties in its three southern- most municipalities, being Puslinch, Erin and Guelph/Eramosa for the 2017 to 2020 taxation years. The purpose of these appeals is to ensure that the current value assessment of these properties is captured through the existing legislation, and to deal with how those properties are classified for taxation purposes.
The effect of the current property tax valuation structure by the Municipal Property Assessment Corporation (“MPAC”) unfairly sees active gravel pits incurring less property tax than many single- family homes and small businesses as a result of unduly low and inaccurate current value assessments. It also leads to properties that are located in the same areas and are similar to gravel pits receiving vastly different property valuations, which contradicts the principle of fairness and transparency underpinning our taxation system that similar properties should be treated and taxed equally. Arbitrarily classifying gravel pits as among the lowest form of farmland (Class 5) sets an artificial cap on these producers’ property assessments and keeps their property taxes well below what they should be paying. In turn, residents and businesses are subsidizing the break that gravel producers are receiving.
In terms of next steps for these appeals, a settlement conference is scheduled to take place on September 16 and hearings are scheduled for the weeks of November 16 and 23.
Page 129 of 149 Advocacy for a Permanent Policy Solution The County has been working with its colleagues through the Top Aggregate Producing Municipalities of Ontario (TAPMO) to raise awareness of the assessments and the inequitable treatment of these properties and ask the government to review how these properties are assessed and treated from a property tax policy perspective through the MPAC review that is currently taking place.
Through this work, TAPMO endorsed the attached municipal resolution to be shared with TAPMO municipalities for consideration at local Councils. The resolution formally asks the province to review how these properties are assessed in light of the inequitable treatment in comparison to other residential and business properties in the municipality. Several municipalities across the province have approved and forwarded this resolution to the province and local MPPs.
To be clear, the County believes MPAC’s property valuation is incorrect even within the current legislation, however, the County is looking for further direction and possible legislative or regulatory changes that will eliminate future disputes. This kind of permanent policy change is in everyone’s best interest to resolve this issue once and for all.
Staff recommend that the Administration, Finance and Human Resources Committee support the resolution and pass it along to County Council for approval. This is also an opportunity for the County to remind its member municipalities to review and give consideration to this resolution as well.
AMO Delegation Meeting On August 18, 2020, in collaboration with the Top Aggregate Producing Municipalities of Ontario (TAPMO), County representatives met with Stan Cho, Parliamentary Assistant to the Minister of Finance, to discuss the need to improve how aggregate properties are assessed across Ontario under an equitable valuation system. The meeting was held during the Association of Municipalities of Ontario (AMO) conference. This is where municipal and provincial policymakers come together to discuss pressing issues facing both levels of government.
Wellington County and other TAPMO members presented several policy-driven solutions to Mr. Cho that would make MPAC’s property tax valuations accurate and equitable. There are many possible legislative, regulatory or policy changes that can achieve a permanent solution. These include: • Creating a separate class for aggregate producing properties (as was done for landfills in 2015); • Directive (or regulation) from the Minister to MPAC regarding how to assess these types of properties to reflect their true market or industrial value; • Remove the aggregate exemption from the Assessment Act (as was the situation prior to 2008).
This would enable municipalities to maintain stability in local taxation levels and meet the needs of their communities. Directing MPAC on how to assess these properties based on their true market value makes common sense and will result in stability and accuracy in the assessment process. The solution to remove the exemption of aggregate in the Assessment Act would allow MPAC to assess the full value of the property.
Page 130 of 149 Summary Aggregate sites are important job creators and an increasingly critical element of public works that help to fuel steady economic growth across Ontario, especially as part of municipalities’ post-pandemic recovery. Yet, under the current MPAC valuation formula, their current value assessment is inaccurate such that these sites generate significantly less revenue for municipalities and the Province than other possible uses for the same land. This costs Ontario municipalities millions of dollars in lost tax revenue every year and negatively impacts their abilities to deliver more fulsome services and programmes to residents. The current system also generates less Education property taxes which shifts even more tax burden onto homeowners and small businesses. Municipalities are therefore eager to find a solution that is fair for all involved: the municipality, taxpayers, and aggregate producers.
COVID-19 has highlighted the urgency for a policy-driven, equitable approach. Municipalities across Ontario are fighting to continue providing a high standard of services to our families and businesses who need them now more than ever. The lost tax revenue undermines our ability to enhance those services and make key infrastructure investments at a time when our residents are suffering. The County wants to be fair to aggregate producers while recognizing that they should be part of the solution in terms of helping families and businesses get back on their feet – the very people who are carrying the burden of the current MPAC system.
Recommendation: That the Aggregate Resource Property Valuation and Advocacy Update Report be received for information; and
That the attached resolution be supported by County Council and sent to the Ministry of Finance.
Respectfully submitted,
Ken DeHart, CPA, CGA County Treasurer
Page 131 of 149 SCHEDULE A – MUNICIPAL RESOLUTION
WHEREAS previous assessment methodologies for aggregate resource properties valued areas that were used for aggregate resources or gravel pits at industrial land rates on a per acre basis of the total site and such properties were formally classified and taxed as industrial lands; and
WHEREAS Wellington County Council supports a fair and equitable assessment system for all aggregate resource properties; and
WHEREAS the Municipal Property Assessment Corporation determined, with the participation only of the Ontario Stone, Sand and Gravel Association, revised criteria for assessing aggregate resource properties; and
WHEREAS Wellington County Council has concerns that the revised criteria does not fairly assess the current value of the aggregate resource properties;
NOW THEREFORE BE IT RESOLVED:
(a) That Wellington County Council does not consider the revised criteria for assessment of aggregate resource properties as a fair method of valuation for these properties; and
(b) That Wellington County Council believes there is a need to review the current assessment scheme for aggregate resource properties to address the inequity of property values; and
(c) That Wellington County Council hereby calls upon the Province to work with the Municipal Property Assessment Corporation to address the assessment issue so that aggregate resource properties are assessed for their industrial value; and
(d) That Wellington County Council direct the Clerk to provide a copy of this motion to the Ministers of Finance; Municipal Affairs and Housing; and Natural Resources and Forestry; and to AMO, ROMA, and all Ontario municipalities and local MPP(s).
Page 132 of 149 The Corporation of Loyalist Township P.O. Box 70, 263 Main Street Odessa, On K0H 2H0
t: 613-386-7351 f: 613-386-3833 www.loyalist.ca
October 9, 2020
The Right Honourable Justin Trudeau The Honourable Doug Ford Prime Minister of Canada Premier of Ontario Email: [email protected] Email: [email protected]
Re: Funding for community groups and service clubs affected by pandemic
Please be advised that at the Regular Meeting of Council on September 28, 2020, the Council of Loyalist Township passed the following resolution:
Resolution No. 2020.35.16 Moved by: Deputy Mayor Hegadorn Seconded by: Councillor Porter
“Whereas, the world health organization characterized covid-19 as a pandemic on March 11, 2020
And whereas, travel restrictions were put in place March21st, 2020 with emergency orders being established under the quarantine act
And whereas, the province of Ontario entered a state of emergency on March 17, 2020
And whereas Loyalist Township declared a state of emergency on March 26, 2020
And whereas the Kingston, Frontenac, Lennox and Addington Public Health Unit have enacted orders under Section 22 of the Ontario Health Protection and Promotion Act, 1990
And whereas the above noted state of emergencies and orders restricted the ability for charities, community groups and service clubs to raise or acquire funds through conventional methods
And whereas these charities, community groups and service clubs provide vital resources and support critical to community members
Page 133 of 149 And whereas these charities, community groups and service clubs’ partner with municipal governments reducing the financial pressures on the government while enhancing the lives of residents
Therefore be it resolved that Loyalist Township council requests confirmation from the governments of Ontario and Canada that funding will be available for these local smaller charities, community groups and service clubs.
AND FURTHER THAT a copy of this resolution be circulated to the Right Honourable Prime Minister of Canada; the Honourable Premier of Ontario; MP Derek Sloan, Hastings - Lennox and Addington ; the Honourable Daryl Kramp, MPP Hasting-Lennox and Addington; the Association of Municipalities Ontario; Rural Ontario Municipalities Association and all Municipalities within the Province of Ontario”.
Regards,
Brandi Teeple Deputy Clerk Loyalist Township
cc. MP Derek Sloan- Hastings-Lennox and Addington MPP Daryl Kramp- Hastings- Lennox and Addington Association of Municipalities Ontario Rural Ontario Municipalities Association All Ontario Municipalities
Page 134 of 149 ,
Municipality of Tweed (via e-mail) 255 Metcatf St. Tweed ON KOK 3J0
October 8,2020 Re: Support of Resolution from the Municipality of Tweed - Cannabis Production Facilities, the Cannabis Act, and Health Canada Guidelines
Please be advised that on September 30th 2O2A the Town of Plympton-Wyoming Council passed the following motion to support the Municipality of Tweed's motion (attached) regarding Cannabis Production Facilities, the Cannabis Act, and Health Canada Guidelines that was passed on August zsth zozo'.
Motion #12 - Moved by Netty McEwen, Seconded by Tim Wilkins that Council support the coffespondence item'o'from the Municipality of Tweed regarding Cannabis Production. Motion Carried.
lf you have any questions regarding the above motion, please do not hesitate to contact me by phone
or email at ekwarciak@-plympton-wyom ing. ca .
Sincerely,
Clerk Town of Plympton-Wyoming
Cc: (allsent via e-mail) Municipality of Tweed Prime Minister of Canada Health Canada Premier of Ontario Minister of MunicipalAffairs and Housing Ontario Provincial Police AMO All municipalities within the Province of Ontario
The Corporation of the Town of Plympton-Wyoming P.O Box 250, 546 Niagara Street, Wyoming Ontario NON 1T0 Tel: 519-845-3939 Ontario Toll Free'. 1-877-313-3939
Page 135 of 149 Page 136 of 149 Page 137 of 149 Page 138 of 149
Township of Blandford-Blenheim
47 Wilmot Street South Drumbo, Ontario N0J 1G0
Phone: 519-463-5347 Fax: 519-463-5881 Web: www.blandfordblenheim.ca
October 13, 2020
Emailed to the Federal Minister of Health, Federal Minister of Justice and Attorney General, Federal Minister of Public Safety and Emergency Preparedness, Oxford MP, Oxford MPP, the Association of Municipalities of Ontario and all municipalities in Ontario.
Re: Unlicensed and unmonitored cannabis grow operations
Please be advised that at the Regular Meeting of Council on October 7th, 2020, the Council of the Township of Blandford-Blenheim passed the following resolution:
Resolution Number: 2020-14 Moved by: Councillor Nancy Demarest Seconded by: Councill Bruce Banbury
“That Whereas unlicensed and unmonitored cannabis grow operations have increasingly become a problem in communities in Ontario as well as across the Country; and,
Whereas these operations are allowed to establish with little or no consultation with the local community and municipalities are often only made aware of their existence after conflicts arise with neighboring land owners; and,
Whereas loopholes in existing Federal legislation allow these large scale grow op’s to establish and operate without any of the regulations or protocols that licensed and monitored operations need to adhere to,
BE IT RESOLVED that the Council of the Township of Blandford-Blenheim urges the Federal Government to amend the legislation under which these facilities operate to ensure the safety and rights of the local communities in which they are situated are respected; and,
That this resolution be forwarded to the Federal Minister of Health, Federal Minister of Justice and Attorney General, Federal Minister of Public Safety and Emergency Preparedness, Oxford MP, Oxford MPP, the Association of Municipalities of Ontario and all municipalities in Ontario.”
Regards,
Sarah Matheson Deputy Clerk Township of Blandford-Blenheim
Page 139 of 149 Page 140 of 149 TOWNSHIP OF CAv’MoAG’-w ZtaII.Ri:tere.
October 13, 2020
Warden & Council County of Peterborough 470 Water Street Peterborough, Ontario K9H 3M3
Re: Leaf and Yard Waste
Dear Warden Jones & Members of County Council,
At the Regular Council meeting held October 5, 2020, the Council of the Township of Cavan Monaghan requested that a letter be sent to the County of Peterborough regarding a new opportunity for the disposal of leaf and yard waste.
The Council of the Township of Cavan Monaghan recently received a delegation from Norm Lamothe of Woodleigh Farms regarding municipal waste diversion and the collection of leaf and yard waste.
The Council of the Township of Cavan Monaghan has directed staff to enter into an agreement with Woodleigh Farms to receive Cavan Monaghan’s leaf and yard waste at a cost of $30.00 ÷ HST per tonne of material received as a tipping fee.
The Township of Cavan Monaghan Council is recommending that the County of Peterborough Council consider investigating Woodleigh Farms for the collection of leaf and yard waste within the County.
Ifyou have any questions, please feel free to contact me directly at 705-932-9326.
Sincerely,
Elana Arthurs, Clerk Township of Cavan Monaghan
988 County Road 10 Milibrook, ON L0A 1GO www.cavanmonaghan.net
Phone:705-932-2929 Fax: 705-932-3458 Email: [email protected] 141 of 149 Page 142 of 149
Budget Process Redesign Committee Meeting Minutes 9:00 AM - Friday, September 25, 2020 Electronic
Present: Councillor Lori Burtt Councillor Bonnie Clark Councillor Matthew Graham, Chair Deputy Warden Andy Mitchell Warden J. Murray Jones (ex-officio member) Staff Present: Trena DeBruijn, Director of Finance/Treasurer Sheridan Graham, Director, Corporate Projects & Services Kari Stevenson, Committee Secretary Grant Murphy, Director, Infrastructure Services Elizabeth Hope, Administrative Services Assistant
1 Call To Order a) The Chair called the meeting to order at 9:02 a.m.
2 Disclosure of Interest a) No interests were declared.
3 Adoption of Minutes September 15, 2020 Minutes
That the Budget Process Redesign Committee adopt the minutes of its meeting held September 15, 2020, as circulated.
Moved by: Bonnie Clark Seconded by: Andy Mitchell Carried
4 Business Arising Out of Previous Minutes a) None.
5 New Business a) FIN - 2020-045 – 2021 Major Budget Implications
Trena DeBruijn’s draft Council report and presentation were attached to the agenda for the committee’s review. A revised presentation subsequent to the
Page 143 of 149 release of the agenda was shared with the group through zoom screen share. It is anticipated that this report will be presented to County Council at the October 7, 2020 Council Meeting. The Chair discussed the report and outlined the changes made subsequent to the September 15th meeting.
Grant Murphy provided a list of capital projects to be incorporated into the report. The members discussed the list and what should be included in the presentation or should be included in a separate report since the presentation is meant to be a high-level look at creating the draft budget.
The Committee members agreed to receive and review the updated presentation prior to the October 7th agenda being released.
6 Adjournment and Next Meeting a) Next Meeting to be determined.
b) Adjournment
The Committee adjourned at 9:42 a.m.
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Budget Process Redesign Committee Meeting Minutes 1:00 PM - Thursday, October 8, 2020 electronic
Present: Deputy Warden Andy Mitchell Councillor Lori Burtt Councillor Bonnie Clark Councillor Graham Absent: Staff Present: Sheridan Graham, Acting CAO/Director, Corporate Projects & Services Trena DeBruijn, Director of Finance/Treasurer Dan Sutherland, Asset Management Analyst Grant Murphy, Director, Infrastructure Services Kari Stevenson, Deputy Clerk/Committee Secretary
1 Call To Order
2 Disclosure of Interest
3 Adoption of Minutes Moved by Deputy Warden Mitchell Seconded by Councillor Clark
That the Budget Process Redesign Committee adopt the minutes of its meeting held September 25, 2020 as circulated. Carried
4 Business Arising Out of Previous Minutes
5 New Business a) Scope and Mandate of Committee - Rename to Finance and Budget Committee
Sheridan Graham began by reviewing the draft amended Terms of Reference and mandate which will also change the name of the committee from Budget Process Redesign Committee to Finance and Budget Committee.
The Committee members discussed the fact that anything reviewed by the Committee should be discussed and debated within the Committee meeting and the resulting recommendation that is forwarded to Council is given as one
PagePage 145 of1 of149 2 voice.
Sheridan Graham suggested that minor alterations be made to the draft terms of reference and forwarded to the group by email to be attached to the October 21st, 2020 Council meeting agenda for approval.
b) Asset Management Plan - Report and Presentation
Dan Sutherland reviewed the draft presentation to the group.
The committee provided feedback to staff expressing a concern with the way the 2.5% dedicated infrastructure levy is presented. It was suggested that it should be clearer to Council and the public that the 2.5% does not just equal 1.1 Million dollars for 2021, but 9 Million dollars over the next eight years. Regarding the ISD Capital Projects list, it was discussed that the projects listed are being paid for by that 2.5% dedicated infrastructure levy and should show what other funds support this list.
The committee wants the public to understand that Council faces many other pressures and challenges other than closing the deficit. It was suggested that staff provide Council with a list of other ways that Council can close the infrastructure deficit other than raising the levy such as; lowering standards, closing something, new technology, new processes, etc.
Grant Murphy reminded the group that staff took a report to Council in November of 2019 highlighting some of these options. It was suggested that staff review the list and provide an update which could be reviewed by the Committee ahead of time. The committee discussed that there had been a clear indication or expectation that the Service Delivery Review would have fruit to bear in this regard. It was stated that it would be appropriate that the new working groups could provide suggestions and options for Council to close the deficit.
6 Next Meeting and Adjournment a) Next Meeting Agenda
At the next meeting, the Committee will review the Council reports deferred to it on October 7, 2020 and the email received by the Chair and Sheridan Graham from Scott McFadden.
b) Next Meeting - October 14th at 9:00 a.m.
The meeting adjourned at 2:00 p.m.
PagePage 146 of2 of149 2
The County of Peterborough
Terms of Reference Finance Committee
1. Mandate of Committee
The Finance Committee is an ad hoc Committee of Council.
The Finance Committee provides direction on strengthening financial and administrative practices, identifying corporate financial goals, and providing guidance on budget development. The Committee is responsible to review high- level fiscal and management policy issues, including the development of a fiscal framework and broad corporate financial planning. It will review and provide advice to council in respect of the Operating and Capital Budgets, a budget reporting framework, efficiency and investment reports, and provide guidance on corporate performance measurement policies. The committee will oversee the County’s audit functions and report to council. The Committee will address all matters related to communications and public engagement as it relates to County finance and budget.
2. Composition of Committee
The Committee will be appointed by Council and will consist of the following members:
Four (4) – members of Council: Warden Jones (ex-officio) Deputy Warden Mitchell Councilor Burtt Councilor Clark Councilor Graham
Three (3) – County staff representatives Director of Finance/Treasurer Director of Infrastructure Services Director, Corporate Projects & Services
One (1) – County staff – Committee Secretary Deputy Clerk
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3. Appointments to Committee
Appointment to this Committee is made by the County Warden.
4. Term of Committee
The term of the Committee shall be the term of County Council.
5. Meetings
The Committee will meet at a minimum monthly, or more frequently as discussed and agreed upon by the Committee. If it is not necessary to meet this often or, if it is necessary to meet more frequently, meetings will be held at the call of the Chair.
Additional meetings may be called at the discretion of the Chair with the consensus of the Committee.
Meetings will follow a written agenda and minutes will be kept which accurately reflect the recommendations of the Committee. Minutes will be provided to County Council for information.
The location of meetings will be set by the Committee. The Committee meetings will take place at the County Courthouse, 470 Water Street, Peterborough. Council appointees will be paid mileage for attendance at meetings.
Meetings will last no longer than two (2) hours except under extraordinary circumstances.
Any person with particular relevant experience may be invited to attend a Committee meeting in order to provide information or advice but only members of the Committee may vote on matters coming to the Committee.
6. Selection of Chair and Vice-Chair
A Chairperson and Vice-Chairperson (Vice-Chair) will be elected at the first meeting of the Committee and will hold the position of Chair for the full term of the Committee.
In the absence of the Chair, the Vice-Chair will act on behalf of the Chair.
The Chair will be responsible for calling, convening and conducting meetings of the Committee.
The Committee Secretary will distribute the approved agenda to the members of the Committee one (1) week prior to the date of each meeting.
Staff representatives will not be eligible to hold these positions.
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7. Quorum
Attendance of a minimum of fifty percent (50%) plus one (1%) of the Committee members at any regular or special scheduled meetings will constitute a Quorum.
If there is no quorum of the Committee present within thirty (30) minutes of the scheduled start of the meeting, the Chair will: - Record the names of the members present and those absent, and; - Conclude the meeting until the next scheduled meeting or the Chair may call for a Special Committee meeting.
8. Governance
The Committee will seek to achieve decisions on a consensus basis. Motions will be “carried” if supported by the consensus of the Committee.
In the instance where consensus cannot be achieved, the Chair may call for a vote of those Committee members who form a quorum at the current meeting, with the majority vote prevailing.
Resolutions as they appear in the adopted minutes will be considered to be officially representing the position of the Committee.
Once a recommendation has been approved by the Committee, all members shall support the motion as approved in discussions at Council or with others.
Staff representatives will not be eligible to vote on recommendations of the Committee.
9. Authority of Committee
The Committee is a Working Committee of Council and staff will work with the Committee to provide information and reports needed in order for the Committee to make informed and appropriate recommendations to County Council.
Any recommendations stemming from the committee requiring implementation must first be considered by County Council.
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