REGULAR SESSION COUNCIL - April 10, 2018 Agenda

TOWN OF GREATER NAPANEE REGULAR SESSION OF COUNCIL

A G E N D A

APRIL 10, 2018 at 7:00 p.m. Council Chambers, Town Hall - 124 John St., Napanee

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1. CALL TO ORDER

2. ADOPTION OF AGENDA

2.1 Adopt Agenda Recommendation: That the Agenda of the Regular Session of Council dated April 10, 2018 be adopted as presented.

3. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF

4. PRESENTATIONS

5. DEPUTATIONS

5 - 11 5.1 Tom Derrick, Community Foundation for Lennox & Addington (formerly Napanee & District Community Foundation) Re: Municipal Grants Programs 2017 & 2018 Riverfront Festival

5.2 Council Resolution to Accept Additional Deputations with No Notice, if required.

6. ADOPTION OF MINUTES

12 - 13 6.1 Special Session of Council - March 22, 2018 Recommendation: That the minutes of the Special Session of Council dated March 22, 2018 be adopted as presented.

14 - 18 6.2 Regular Session of Council - March 27, 2018 Recommendation: That the minutes of the Regular Session of Council dated March 27, 2018 be adopted as presented.

7. CORRESPONDENCE

7.1. Correspondence for Information

19 7.1.1 Correspondence for Information items dated - April 10, 2018 Recommendation: That the Correspondence for Information items dated April 10, 2018 be received.

7.2. Correspondence for Action

20 7.2.1 Yasir Naqvi, Attorney General of Ontario - March 21, 2018

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Re: Town's request to Province on policy matters relating to OPP police billings and future policing governance Recommendation: That Council receive the correspondence from Yasir Naqvi, Attorney General of Ontario dated March 21, 2018 acknowledging receipt of the Town's request to the province on policy matters relating to OPP police billings and future policing governance and advising that the Minister of Community Safety and Correctional Services or a staff member will be responding.

21 - 25 7.2.2 18-03-28 Miller Thomson LLP Re: TURGAL (1988) INC. - Application for Part Lot Control By- Law Lot 42, Plan 29M-6, Town of Greater Napanee, County of Lennox & Addington Recommendation: That Council receive for information the correspondence from Miller Thomson LLP for TURGAL (1988) Inc. dated March 28, 2018 requesting that Lot 42 on Registered Plan 29M-6 be exempt from Section 50(5) of the Planning Act (part lot control) to allow for a semi detached dwelling unit to be constructed on Part 1 and Part 2 of Reference Plan 29R-10509; And further that the application be approved and a by-law be brought forward later in the meeting.

26 - 29 7.2.3 18-04-05 Bill McDonough, Manager - Richmond Landfill, Waste Management of Canada Corporation Re: Status of the ongoing environmental monitoring activities associated with the closed Waste Management (WM) Landfill property and Blue Metric Memo to MOECC - Notification of Off- Site Exceedences WM Richmond Landfill Recommendation: That Council receive for information the correspondence from Bill McDonough, Manager-Richmond Landfill, Waste Management of Canada Corporation dated April 5, 2018 regarding the status of the ongoing environmental monitoring activities associated with the closed Waste Management (WM) Landfill property and providing the Blue Metric Memo to MOECC regarding notification of off-site exceedences WM Richmond Landfill.

8. UNFINISHED BUSINESS

9. COMMITTEE REPORTS

30 - 31 9.1 Community Development Advisory Committee Recommendation: That Council receive and adopt the minutes of the Community Development Advisory Committee dated February 22, 2018.

10. STAFF REPORTS

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32 - 42 10.1 CAO - Service Area Updates Staff Recommendation: That Council receive for information the CAO - Service Area Updates report.

43 - 48 10.2 Infrastructure Services (Facilities) - Church of St. Mary Magdalene Cemetery Maintenance Request Staff Recommendation: That Council receive for information the Infrastructure Services (Parks and Facilities) - Church of St. Mary Magdalene Cemetery Maintenance Request Report; And further that Council provide direction to staff for the St. Mary of Magdalene Church Cemetery maintenance request, received November 15, 2017.

49 - 50 10.3 Emergency Services (Fleet) - Purchase of Light Vehicle Staff Recommendation: That Council receive for information the Fleet - Purchase of Light Vehicle report; And further that Council accepts the Request for Tenders RFT #2018-07 process undertaken by municipal staff, as having met the goals and principles of the municipal procurement policies forming part of Town of Greater Napanee By-Law #05-05, as amended; And further that Council award the Request for Tenders RFT #2018-07 to Taylor Auto Mall of Kingston and authorize the purchase of one (1) new light vehicle for the Infrastructure Services - Utilities Department at a cost of $30,450.11 including HST.

51 - 67 10.4 CAO - Draft Code of Conduct Staff Recommendation: That Council receive for information the CAO - Draft Code of Conduct report; And further that Council consider the draft Code of Conduct as presented and submit comments back to the CAO for May 1, 2018 for a draft policy to be brought back for Council approval.

68 - 73 10.5 Community & Corporate Services - 2018 Proposed Changes to Certain Fees for Services Staff Recommendation: That Council receive for information the Community & Corporate Services - 2018 Proposed Changes to Certain Fees for Services report; And further that Council direct staff to bring forward a 2018 fees for services by-law for consideration, incorporating the proposed fee increases as presented in this report, once the required public notice has been provided.

74 - 83 10.6 Community & Corporate Services - Internal and External Website Policies Staff Recommendation: That Council receive for information the Community & Corporate Services - Internal and External Website Policies; And further that Council adopt the Internal and External

Page 3 of 102 REGULAR SESSION COUNCIL - April 10, 2018 Agenda

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Website Policies as presented.

84 - 98 10.7 Community & Corporate Services - Compliance Audit Committee Terms of Reference Staff Recommendation: That Council receive for information the Community & Corporate Services - Joint Compliance Audit Committee Terms of Reference report; And further that the Draft Terms of Reference attached as Schedule ‘A’ for the Joint Compliance Audit Committee be adopted; And that a further report be brought forward once the applications have been received in order that Council may appoint the representatives to the Joint Compliance Audit Committee.

11. BY-LAWS

99 - 101 11.1 By-law No. 2018-0020 - To provide that Subsection 50(5) of The Planning Act, R.S.O. 1990, CHAPTER P.13 as amended does not apply to certain lands within the Town of Greater Napanee - Lot 42 of Registered Plan 29M-6, Kanvers Way

12. NEW BUSINESS

13. NOTICE OF MOTIONS

14. STATEMENTS BY MEMBERS

15. CLOSED SESSION

15.1 Adjourn to Closed Session pursuant to Section 239 of the Municipal Act in order to discuss a matter about an identifiable individual.

15.2 Rise and Report from Closed Session

16. CONFIRM PROCEEDINGS

102 16.1 A By-law to Confirm the Proceedings of the Council of the Corporation of the Town of Greater Napanee

17. ADJOURNMENT

Page 4 of 102 Tom Derrick, Community Foundation for Lennox & Addington (formerly Napan...

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2018 municipal service of of Canoe a family and toilets Page 5 of 102 $72,500 residential floor the a portion the (provided park Races camping to and of County the the and of and by QMMUNIW FOUNDATION c9&rLENNOX&ADDINGTON

Legacy or Planned Giving

Theprocess of making a significant charitable gift during a dono?s life or at death (bybequest) that ispart of his/her financial or estate plan and objectives.

INTRODUCTION

When you make a gift to the Community Foundation for Lennox and Addington through a will or a trust agreement, you can choose to benefit:

The entire community - with a bequest that you empower the Foundation’s Board of Directors to manage on your behalf to address community needs as arising at any given time. • One or more areas of community need. (Some examples: Arts/Culture, Education, the Environment, Health & Weliness, Heritage Preservation, Social Services, Sports & Recreation, Seniors care &Services, YouthSupport & Development) • A specific cause that is meaningful to you. • A preferred community program or organization. • Ascholarship or bursary fund intended to support a specific educational institution or field of study.

The Foundation willinvest and manage your gift strictly in accordance with your wishes and directions and in compliance with Canada Revenue Agency oversight legislation/regulations and accountability standards.

We work diligently to maximize the investment earnings of all of the funds that we manage so as to grow those funds and their community impact and insure that your gift is used as you intend it to be as its value increases.

Our LegacyGivingAdvisoryTeam is available to answer any questions you may have about the Foundation, its work and how to become a legacy donor.

Our Legacy Giving Advisory Team Tim Reynolds, President Tom DaSilva,Vice President &Treasurer Tom Derreck, Executive Director 613-354-7333 (Office) 613-326-1615 (Cell) Email:[email protected]

Tom Derrick, Community Foundation for Lennox & Addington (formerly Napan...Page 6 of 102 ______

Community Foundation for Lennox& Addington Legacyor Planned Giving Advisory Page 2 of 3

SAMPLEESTATEPLANNINGLANGUAGE

The following is sample language for use in estate planning documents, such as a will,to establish an endowed charitable fund, or to add assets to an existing fund within the Community Foundation:

Bequest to a Named Unrestricted Fund Afund that you authorize our Board of Directors to whollymanage and make disbursements from on your behalf

“Igive to the Community Foundation for Lennoxand Addington, an Ontario not-for- profit corporation, operating under Business No. 716847, and a registered Canadian charity operating as a under the Charitable No.891521742RR0001, (insert either: the percentage of your estate, trust or a sum of money ORoil of my right, title and interest in the following described property

I understand and agree that the Community Foundation for Lennox and Addington’s Board of Directors shall hold legal responsibility for the Fund and shall be solely responsible for the investment of distributions from the Fund.”

Bequest to a Donor Advised Fund Afund that you authorize our Board of Directors to manage and make disbursements from on your behalf subject to intended disbursements being discussed with you before they are made.

“Igive to the Community Foundation for Lennoxand Addington, an Ontario not-for- profit corporation, operating under Business No. 716847, and a registered Canadian charity operating as a under the Charitable No.891521742RR0001, (insert either: the percentage of your estate, trust or a sum of money ORall of my right, title and interest in the following described property

This gift shall be used to establish the (insert a name for the endowed charitable fund that you wish to establish with the Foundation) and shall be invested and distributed on my behalf by the Community Foundation for Lennox and Addington’s Board of Directors subject to my or my appointed representative being provided prior written notification of any and all disbursements from the Fund being considered by the said Board and an opportunity to provide advisory comment on them before any such disbursements are made.”

Tom Derrick, Community Foundation for Lennox & Addington (formerly Napan...Page 7 of 102 ______

Community Foundation for Lennox& Addington Legacy or Planned GivingAdvisory Page 3 of 3

Iunderstand and agree that, subject to the foregoing, the Community Foundation for Lennox and Addington’s Board of Directors shall hold legal responsibility for the Fund and shall be solely responsible for the investment of and distributions made from the Fund.’

Bequest to a Donor Directed Fund Afund that you authorize our Board of Directors to manage and make disbursements from on your behalf subject to your directing to whom disbursements from yourfund are to be exclusivelymade, which direction the Foundation’s Board is bound to adhere to.

Recipients whom you might name could include one or more organizations orfields of interest.

“Igive to the Community Foundation for Lennoxand Addington, an Ontario not-for- profit corporation, operating under Business No. 716847, and a registered Canadian charity operating as a under the Charitable No.891521742RR0001,(insert either: the percentage of your estate, trust or a sum of money ORall of my right, title and interest in the following described property

This gift shall be used to establish the (insert a name for the endowed charitable fund that you wish to establish with the Foundation) and shall be invested and distributed on my behalf by the Community Foundation for Lennoxand Addington’s Board of Directors subject to all disbursements from the Fund being made in strict accordance with my direction(s) given herein and to be set out in any agreement to establish the Fund with the Foundation”

This language is provided as a sample only. It should be reviewed by your legal counsel or financial advisor.

Tom Derrick, Community Foundation for Lennox & Addington (formerly Napan...Page 8 of 102 CMMUNITY FOUNDATION cyrLENNox &ADDINGTON

Charitable Gift Planning

Charitable gift planning is a donor-centred process of planning current and future charitable gifts in a way that meets the donor’s philanthropic goals and balances personal, family and tax considerations.

It is a focused and financiallystrategic approach to philanthropy that results in maximum benefits for both the charity and individual donor.

Gift Planners

Gift Planners are leaders in Canada’s charitable community. They play key roles expanding the fundraising options available to charitable organizations.

Gift Planners are impacting Canada’s philanthropic landscape in a meaningful way, providing current and prospective donors with new an innovative ways of achieving their philanthropic dreams.

Gift Planners are experts with a unique body of knowledge regarding a range of givingoptions, such as bequests, gifts of securities, gifts of insurance, They are informed and conversant in the challenging technical aspects of the various givingvehicles and the potential financial benefits of each.

Gift Planners embody or strive for a range of technical and enabling core competencies that reflect the skills,expertise and qualities essential for excellence in a complex philanthropic environment.

Professional Advisors

Professional Advisors work in the fields of accounting, law, insurance, financial planning, investment planning, providing philanthropic advice to their clients as current or prospective donors and to charitable organizations.

Why is Gift Planning so important?

Gift Planning expands on traditional fundraising campaigns, enabling charities to raise funds, generate revenue more efficiently and attract and retain donors, while achieving an unparalleled return on investment.

Gift Planning engages donors in the wonderful process of givingby encouraging donors to

Tom Derrick, Community Foundation for Lennox & Addington (formerly Napan...Page 9 of 102 CommunityFoundationforLennox&Addington AboutGiftPlanning Page 2 of2

explore their ultimate dreams, their financial plans today and after death, and most importantly, their philanthropic wishes and goals.

Gift Planning encourages donors to consider their lasting legacy as well as their current and final wishes and encouraging them to continually explore these issues utilizing tools provided by charitable gift planners or professional advisors.

Tom Derrick, Community Foundation for Lennox & Addington (formerly Napan...Page 10 of 102 MMUNIW FOUNDATION c3TarLENNOX&ADDINGTON

OUR OBJECTS - VISION - VALUES- GOALS

Communityfoundations belong to the communities in which they exist and serve. The Community Foundation for Lennoxand Addington belongs to and exists to serve you, your family, yourfriends and your neighbours.

Our Charitable Objects

To materially advance quality of lifeand opportunity throughout Lennox and Addington County by creating, investing, managing and growing a portfolio of endowed funds, gifted in perpetuity, and distributing their investment earnings in support of, but not limited to:

Arts and Culture Education Environmental Awareness Health &Wellness Heritage Preservation SocialServices Sports & Recreation Seniors Care &Services Youth Support & Development

Our Vision

Afinanciallystrong, connected, vigorously active, widely recognized and highlyrespected charitable foundation capable of major contributions toward strengthening and growing prosperity and fulfillment in our people and livingareas in all parts of Lennoxand Addington In perpetuity.

Our Values

• Openness and transparency in all of our dealings. • Awareness of and respect for diversity. • Welcoming to new ideas and inclusiveness. • Proactivity in seeking out and engaging partnerships and opportunities. • Responsiveness to existing and arising community needs. • Prudence in applying entrusted human, material and financial resources. • Examplingthe highest standards of professional and ethical conduct.

Our Goals

• A highlyvisible, positive and impacting community presence. • Asound and steadily increasing financial base and charitable capacity. • A prominent place among Lennox&Addington’s lead community organizations.

Life’spersistent and most urgent question is — “What are you doing for others?” Martin Luther KingJr.

Tom Derrick, Community Foundation for Lennox & Addington (formerly Napan...Page 11 of 102 TOWN OF GREATER NAPANEE SPECIAL SESSION OF COUNCIL Minutes of Meeting Held March 22, 2018 at 7:00 PM Council Chambers, Town Hall - 124 John St., Napanee PRESENT: Mayor Gordon Schermerhorn in the Chair, Deputy Mayor Marg Isbester, Councillor Ward 1 Michael Schenk, Councillor Ward 2 Max Kaiser, Councillor Ward 3 Roger Cole, Councillor Ward 4 Carol Harvey, Councillor Ward 5 Shaune Lucas

CALL TO ORDER Mayor Schermerhorn called the Special Meeting of Council to order at 7:00 p.m. ADOPTION OF AGENDA RESOLUTION #133/18: Kaiser & Schenk That the Agenda of the Special Session of Council dated March 22, 2018 be adopted as presented. CARRIED. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest. BACKGROUND INFORMATION FOR COUNCIL

Raymond Callery, CAO started with a brief overview of the objectives of the meeting and reviewed the areas of consideration for Council.

Mark Day, Deputy CAO/Treasurer also reported that after the winter season was done, a full report on sidewalk snow clearing would be forwarded to Council for information. ITEMS FOR DISCUSSION

Mark Day, Deputy CAO/Treasurer reviewed the following reports: 5.1 2017 Projected Actual vs 2017 Budget 5.2 2018 Budget vs 2017 Budget 5.3 Facilities and Community Hall Budget Summaries 5.4 Proposed Tax Levy Changes to Date 5.5 Notes on Concerned Citizens Committee of Tyendinaga Environs 5.6 Impact of Proposed Tax Levy Changes on Tax Rates 5.7 2018 Preliminary Capital Items and Funding Sources

Staff have proposed the following changes to the reserve balances as part of the budget: 1. Establishment of a $35,000 reserve for Conservation capital projects 2. 2% increase in the fleet reserve amounting to $3,570 3. Strategic Plan Reserve $100,000

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Special Session of Council - March 22, 2018 Page 12 of 102 SPECIAL SESSION OF COUNCIL - March 22, 2018 Minutes

RESOLUTION #134/18: Lucas & Kaiser That the reserve balances be established as follows: 1. Establishment of a $35,000 reserve for Conservation capital projects. 2. 2% increase in the fleet reserve amounting to $3,570 3. Strategic Plan reserve $50,000 CARRIED. RESOLUTION #135/18: Harvey & Lucas That Council donate $10,000 to the Concerned Citizens Committee of Tyendinaga Environs. CARRIED. CONFIRM PROCEEDINGS RESOLUTION #136/18: Kaiser & Isbester That By-law No. 2018-0018 being a by-law to confirm the proceedings of Council at its Special Session held March 22, 2018 be read a first and second time and finally passed and that the Mayor and the Clerk sign the same and affix thereto the seal of the Corporation. CARRIED. ADJOURNMENT RESOLUTION #137/18: Kaiser & Cole That the meeting does hereby adjourn at 9:07 p.m. CARRIED.

Gordon Schermerhorn, Mayor Raymond Callery, Deputy Clerk

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Special Session of Council - March 22, 2018 Page 13 of 102 TOWN OF GREATER NAPANEE REGULAR SESSION OF COUNCIL

Minutes of Meeting Held March 27, 2018 at 7:00 PM Council Chambers, Town Hall - 124 John St., Napanee

PRESENT: Mayor Gordon Schermerhorn in the Chair, Deputy Mayor Marg Isbester, Councillor Ward 1 Michael Schenk, Councillor Ward 2 Max Kaiser, Councillor Ward 3 Roger Cole, Councillor Ward 4 Carol Harvey, Councillor Ward 5 Shaune Lucas

CALL TO ORDER Mayor Schermerhorn called the meeting to order at 7:00 p.m. and congratulated the Napanee PeeWee Double B Hockey Team on winning an OMHA championship.

Mayor Schermerhorn also expressed condolences on the recent passing of Roger Anderson, long time Chair of Durham Region and former AMO President. ADOPTION OF AGENDA RESOLUTION #138/18: Isbester & Kaiser That the Agenda of the Regular Session of Council dated March 27, 2018 be adopted as presented. CARRIED. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest. PRESENTATIONS There were no presentations. DEPUTATIONS Tina White, Senior Project Manager - Ministry of Transportation - Eastern Region and Michael Weldon, AECOM Re: Hwy 401 Interchange Improvements at County Road 41 and Palace Road Michael Weldon, AECOM provided a presentation of the study area, consultation to date, preferred options and next steps for the Highway 401 Interchange Improvements at County Road 41 and Palace Road projects. Ms. White and Mr. Weldon responded to questions from Council.

Council Resolution to Accept Additional Deputations with No Notice, if required. RESOLUTION #139/18: Isbester & Kaiser That Council accept additional deputations without notice. CARRIED.

Tim Rigby, Liberal Party candidate for the provincial riding of Hastings-Lennox & Addington introduced himself to Council.

A resident thanked Council for listening to the property standards deputation at the March 13th Council meeting.

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Regular Session of Council - March 27, 2018 Page 14 of 102 REGULAR SESSION OF COUNCIL - March 27, 2018 Minutes

Barbara Roch expressed concern that MTO may not be aware of the proposed Gibbard development, which could lead to a potential traffic increase at the Palace Road interchange to Highway 401. Ms. Roch also thanked Council for the speed limit sign on the Napanee River and the proposed public education plan for the river.

Mark Hamel, Palace Road resident advised that he had received a notice of expropriation for his home from MTO. Ms. White advised that MTO’s property division is meeting with property owners near the Palace Road interchange. ADOPTION OF MINUTES Regular Session of Council - March 13, 2018

RESOLUTION #140/18: Cole & Kaiser That the minutes of the Regular Session of Council dated March 13, 2018 be adopted as presented. CARRIED. CORRESPONDENCE FOR INFORMATION RESOLUTION #141/18: Harvey & Isbester That the Correspondence for Information items dated March 27, 2018 be received, except for Item Nos. 7, 8 and 9. CARRIED.

RESOLUTION #142/18: Isbester & Kaiser That Council separate the following Correspondence for Information items for consideration: No. 7 - Ontario Honours and Awards - 2018 Senior of the Year Award No. 8 - Township of Stormont - Resolution to request municipalities the authority to approve landfill projects No. 9 - Association of Municipalities of Ontario - Main Street Revitalization - Funding update. CARRIED.

RESOLUTION #143/18: Isbester & Cole That Council authorize that a request for nominations for the 2018 Senior of the Year award be advertised extensively. CARRIED. CORRESPONDENCE FOR ACTION Greater Napanee Floor Shuffleboard Club Re: Commending Town Staff on their Assistance with a Club Member's Health Emergency at the SPC on February 28, 2018

RESOLUTION #144/18: Harvey & Schenk That Council receive for information, the correspondence from the Greater Napanee Floor Shuffleboard Club; And further that the correspondence be placed in the appropriate employees’ employment files. CARRIED.

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Regular Session of Council - March 27, 2018 Page 15 of 102 REGULAR SESSION OF COUNCIL - March 27, 2018 Minutes

Union Gas Limited Re: Ontario Energy Board Notice of Application - Union Gas Ltd. Renewal of its Natural Gas Franchise Agreement with the Town of Greater Napanee RESOLUTION #145/18: Isbester & Schenk That Council receive for information the Ontario Energy Board Notice of Application for Union Gas Ltd.'s renewal of its natural gas franchise agreement with the Town of Greater Napanee. CARRIED. UNFINISHED BUSINESS Highway 401 Interchange Work at Palace Road Councillor Kaiser expressed concern with MTO issuing expropriation notices for Palace Road properties given that the project is only at the early design stage. RESOLUTION #146/18: Kaiser & Harvey That Council authorize the CAO to schedule a meeting with Kathryn Moore, MTO Eastern Regional Office to discuss MTO expropriation notices for properties on Palace Road near the Highway 401 interchange. CARRIED. COMMITTEE REPORTS There were no Committee Reports presented. STAFF REPORTS CAO - Property Standards Procedural Update Raymond Callery, CAO provided a presentation regarding the Town’s existing policies and approach to addressing property standards matters. RESOLUTION #147/18: Isbester & Cole That Council receive for information the presentation from the CAO - Property Standards Procedural Update. CARRIED.

Mayor Schermerhorn called a recess of the meeting at 8:27 p.m.

Mayor Schermerhorn reconvene the meeting at 8:34 p.m.

CAO/Financial Services - General Municipal Engineering & Consulting Services Request for Proposals # 2018-01 CAO/Admin RESOLUTION #148/18: Schenk & Kaiser • That Council accepts the Request for Proposals process undertaken by municipal staff, as having met the goals and principles of the municipal procurement policies forming part of Town of Greater Napanee By-Law # 05-05, as amended; • AND FURTHER Council accepts that the evaluation process as described in Request for Proposals 2018-01 CAO/ADMIN., has been followed with respect to the review of the submissions received; • AND FURTHER that The Corporation of the Town of Greater Napanee enter into a non-exclusive agreement with G D Jewell Engineering Inc. for the provision of Professional Engineering and Consulting Services, as described in RFP 2018-01 CAO/ADMIN Section 2.3 Part A; • AND FURTHER that The Corporation of the Town of Greater Napanee enter into a non-exclusive agreement with McIntosh Perry Consulting Engineers Ltd. for the

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provision of Professional Engineering and Consulting Services, as described in RFP 2018-01 CAO/ADMIN Section 2.3 Part B; • And further that Council authorize the Mayor and Clerk to execute the said agreements on behalf of the Town. CARRIED. Infrastructure Services (Planning) - 2018 Development Charges Annual Adjustment

RESOLUTION #149/18: Schenk & Kaiser That Council receive for information the Infrastructure Services - Development Charges Annual Adjustment Report; And further be it resolved that Council authorize Schedule B to By-law No. 2017-0008 to be updated to reflect an annual adjustment increase of 1.9% to The Corporation of the Town of Greater Napanee's Development Charges, effective March 27, 2018. CARRIED. Infrastructure Services - Napanee River Public Education and Outreach

RESOLUTION #150/18: Cole & Kaiser That Council receive for information the Infrastructure Services (Facilities) - Napanee River Public Education and Outreach Report; And further that Council approve the proposed initiatives and timelines as noted in the Recommended Next Steps section of the report. CARRIED. BY-LAWS There were no By-laws presented.

NEW BUSINESS There was no New Business presented. NOTICE OF MOTIONS Notice of Motion from Councillor Harvey - Notice Given March 13, 2018 Notice of Motion to review our current Property Standards By-law and discuss and implement the recommendations listed in tonight’s deputation recommending Council re-establish and maintain an active Property Standards Advisory Committee, membership of which should be ratepayers, resource representatives, a Council Member and Staff person.

Councillor Harvey spoke to the motion, siting property standards processes from three other municipalities, which were similar to the Town’s process. With the information provided by the CAO earlier in the meeting, Councillor Harvey withdrew the motion. STATEMENTS BY MEMBERS Councillor Schenk inquired about undebentured projects and fleet vehicles, and will speak to the Treasurer as these items relate to the 2018 budget.

CLOSED SESSION RESOLUTION #151/18: Lucas & Isbester That Council resolve itself into Closed Session at 9:07 p.m. pursuant to Section 239 of the Municipal Act in order to discuss matters about identifiable individuals. CARRIED.

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Regular Session of Council - March 27, 2018 Page 17 of 102 REGULAR SESSION OF COUNCIL - March 27, 2018 Minutes

RESOLUTION #152/18: Cole & Kaiser That Council rise and report from Closed Session; and further that all recommendations made within Closed Session be hereby adopted. CARRIED. CONFIRM PROCEEDINGS RESOLUTION #153/18: Kaiser & Schenk That By-law No. 2018-0019 being a By-law to Confirm the Proceedings of Council at its Regular Session held March 27, 2018 be read a first and second time and finally passed and that the Mayor and the Clerk sign the same and affix thereto the seal of the Corporation. CARRIED. ADJOURNMENT RESOLUTION #154/18: Lucas & Isbester That the meeting does hereby adjourn at 9:12 p.m. CARRIED.

Gordon Schermerhorn, Mayor Susan Beckel, Clerk

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Regular Session of Council - March 27, 2018 Page 18 of 102 Summary of Correspondence for Information Items April 10, 2018

This summary contains correspondence that was received by the municipality from outside organizations, which were broadcast to all municipalities, or which were addressed generally to the Town. This includes requests for support for resolutions.

All correspondence addressed to an individual member of council or to the whole council from a resident are placed in the appropriate council mailbox. These items of correspondence are not added to the agenda unless requested by a member of council.

Correspondence for Action items are pieces of correspondence that were received by Town staff that require further council attention or action. Members of Council may request items be added to the agenda for consideration.

1. Association of Municipalities of Ontario – Re:  Guidance on Traditional Land Acknowledgement Statements  One-Third Tax Free Exemption for Municipal Officials  AMO Policy Update – 2018 Provincial Budget  AMO President on 2018 Provincial Budget  Watch File – March 29, 2018  Important Update from The President  Watch File – April 5, 2018

2. Community Living Belleville & Area – Re:  35th Annual Mayors Challenge Charity Golf Tournament  Annual Report 2016-2017

3. Stewardship Ontario – Re: Industry funding for Municipal Blue Box Recycling for the forth quarter of the 2017 Program Year

4. AGM Invitation – Downtown Napanee BIA Newsletter

5. Ian Munro – Re: Concerned Citizens of Tyendinaga and Evirons – Thank You letter

6. Clean Water Act – Re: Amendment and New Regulation under the Safe Drinking Water Act

7. Ministry of Citizenship and Immigration – Re: Lincoln M. Alexander Award

Correspondence for Information items dated - April 10, 2018 Page 19 of 102

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Minister from MILLER THOMSON CLP T 905.532.6600 MILLER THOMSON VAUGHAN METROPOLITAN CENTRE F 905.660.0139 100 NEW PARK PLACE, SUITE 700 AVOCATS LAWYERS VAUGHAN, ON L4K 0H9 * CANADA MILLERTHOMSON.C0M

March 28, 2018 Robert J. Gray Direct Line: 905.532.6668 rgraymlIerthomson.com BY EMAIL Lina Corelli Town of Greater Napanee Direct Lin: 905.532.6674 Developments Services Department [email protected] 12 Market Square Napanee, Ontario K7R 1R1

Attention: Gib Garrett, Planning Clerk Dear Sirs:

Re: TURGAL (198$) INC. - Application for Part Lot Control By-Law Lot 42, Plan 29lU1-6, Town of Greater Napanee, Count of Lennox & Addington

As you are aware we are the solicitors for Turgal (1988) Inc. with respect to the above-noted matter.

Please be advised that Part Lot Control By-Law No. 2017-0065 for Lot 42, Plan 29M-9 passed December 19, 2017 has expired. We are formally requesting you to commence proceedings to apply for a new Part Lot Control By-law for Lot 42. The new by-law will be utilized for the sale of two homes, the first of which is closing April 12, 2018.

We confirm that Reference Plan was previously submitted when By-Law 2015-0048 was passed.

Kindly ensure that this matter will be heard at the next council meeting. We would appreciate receipt of the new By-Law as soon as possible after the council meeting.

Thank you for your assistance in this matter. Yours very truly,

MILLER LLP

Per:

RJG/Ic

VANCOUVER CALGARY EDMONTON SASKATOON REGINA LONDON KITCHENER-WATERLOD GUELPH TORONTO VAUGHAN MARKHAM MONTREAL

18-03-28 Miller Thomson LLP Re: TURGAL (1988) INC. - Application for Par...Page 21 of 102

IBI GROUP 650 Dalton Avenue Kingston ON K7M 8N7 Canada tel 613 531 4440 fax 613 531 7789 ibigroup.com

14 December 2017

Gib Garrett Planning Clerk Town of Greater Napanee 45 Commercial Court Napanee, ON K7R 3L4

Dear Gib:

APPLICATION TO LIFT PART LOT CONTROL TURGAL (1988) INC. LOTS 42 AND 64, REGISTERED PLAN 29M-6, TOWN OF GREATER NAPANEE

An application was submitted by Turgal (1988) Inc. for the development of Part of Lots 42 and 64 on Registered Plan 29M-6 (see Figure 1). TURGAL (1988) Inc., requested the removal of Part Lot Control (Section 50 (5) of the Planning Act) from Lots 42 and 64 to permit the re-subdivision of the lot by way of Reference Plan 29R- 10509 (See Figure 2).

Lots 42 and 64 Registered Plan 29M-6 are both intended for the construction of semi-detached dwelling houses (Figure 2). For each lot, the proposed by-law will result in a total of two lots to accommodate one semi-detached dwelling unit on each of the resulting lots (Figure 1).

Official Plan

The site is designated Low Density Residential in the Town of Greater Napanee Official Plan. The proposed development is permitted. No change to the Official Plan is required.

Zoning By-Law

The lot is zoned Residential Type 4 Exception Fourteen (R4-14) Zone in By-law number 02-22 as amended. Semi-detached dwelling houses are a permitted use within the R4 zone provided the total lot area is a minimum of 465 m2 and the lot frontage is a minimum of 15.2 metres. The existing lots comply with the lot area and lot frontage provisions of the By-law

Each semi-detached dwelling unit is to have a minimum lot area of 230 m2 and a minimum lot frontage of 7.5 metres. The proposed lots comply with the lot area and lot frontage provisions of the zoning by-law.

No change to By-law 02-22 is required.

IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects

18-03-28 Miller Thomson LLP Re: TURGAL (1988) INC. - Application for Par...Page 22 of 102 IBI GROUP 2

Discussion

The application allows for further development of Registered Plan number 29M-6. Each of Lots 42 and 64 will be divided so as to become two lots for the purpose of conveyance. Each lot will contain a semi-detached dwelling unit. It is noted that Lot 64 is subject to an existing easement.

The balance of the registered plan will continue to be an ongoing development for single detached dwellings, semi-detached dwellings, street front townhomes and apartments as previously approved by Council. The changes are compatible with existing development and Council approved development for the site.

Summary

TURGAL(1988) Inc., has requested that Lots 42 and 64 be exempt from Section 50(5) of the Planning Act. This exemption will allow for a semi-detached dwelling unit to be constructed on: Parts 1 and Part 2 respectively of Lot 42, Registered Plan 29M-6, and Part 5, and Parts 6 and 7 respectively of Lot 64, Registered Plan 29M-6.

Recommendation

That the application be approved and the attached by-law be enacted by Council.

Yours truly, IBI GROUP

Mark Touw, MCIP., RPP Lesley Mushet, M.Pl. Senior Planner, Office Lead Planner

18-03-28 Miller Thomson LLP Re: TURGAL (1988) INC. - Application for Par...Page 23 of 102 IBI GROUP 3

Figure 1: 29M-6 – Plan of Subdivision

18-03-28 Miller Thomson LLP Re: TURGAL (1988) INC. - Application for Par...Page 24 of 102 IBI GROUP 4

Figure 2: Reference Plan 29R-10509

18-03-28 Miller Thomson LLP Re: TURGAL (1988) INC. - Application for Par...Page 25 of 102

April 5, 2018

Dear All:

You are receiving this communication to keep you apprised of the status of the ongoing environmental monitoring activities associated with the closed Waste Management (WM) Landfill property.

Under the new Environmental Compliance Approval (ECA) Conditions set forth in the revised Environmental Monitoring Plan (EMP) dated April 15, 2016 and ordered by the Environmental Review Tribunal (ERT), WM has notified the Ministry of Environment and Climate Change (MOECC) District Manager of results from the most recent sampling event conducted on March 20, 2018.

We are providing, for your information, the notice supplied to MOECC on April 5, 2018. All results outlined in this notice are related to concentration exceedances at locations within the proposed Contaminant Attenuation Zone (CAZ).

These results consistent with historical results and will be evaluated in the spring semi‐annual report that will be issued by July 15, 2018.

Regards,

Bill McDonough Manager, Richmond Landfill Waste Management of Canada Corporation

Encl.

18-04-05 Bill McDonough, Manager - Richmond Landfill, Waste Management Pageo... 26 of 102

MEMORANDUM

DATE: April 5, 2018 TO: Trevor Dagilis, District Manager, Ministry of the Environment and Climate Change (MOECC) CC: David Arnott, Shawn Trimper and Peter Taylor (MOECC) Chris Prucha, Bill McDonough and Jim Forney (WM) FROM: François Richard (BluMetric) PROJECT NO: 180149-02 SUBJECT: Notification of Off-Site Exceedances, WM Richmond Landfill, Town of Greater Napanee

This memorandum is provided on behalf of Waste Management of Canada Corporation as required by Condition 8.7 of Environmental Compliance Approval (ECA) No. A371203 for the Richmond Landfill, Town of Greater Napanee, Ontario. This requirement is outlined in the interim Environmental Monitoring Plan (EMP) for the site1, implemented on April 16, 2016 as ordered by the Environmental Review Tribunal (ERT) Order dated December 24, 2015. Condition 8.7 of the ECA stipulates that monitoring results shall be reported to the MOECC District Manager within 48 hours of the determination of the exceedance (initial data screening) if they meet the following condition:

“any off-site exceedance of the applicable criteria for groundwater (Reasonable Use Limits (RUL)) or surface water (Provincial Water Quality Objectives (PWQO))”

RESULTS

Groundwater sampling was conducted at five locations on March 20, 2018. The groundwater monitoring wells sampled were installed within the proposed Contaminant Attenuation Zone (CAZ). This monitoring event was conducted following the requirements outlined in the latest EMP for the site which stipulates that newly established wells shall be sampled a minimum of four times, on a quarterly basis, during the first year following their installation. Shallow flow zone groundwater monitoring wells M178R-5 and M188-2, as well as Intermediate Bedrock flow zone monitoring wells M194-1, M194-2 and M195, were drilled, tested and installed between November 2016 and May 2017 and were previously sampled on May 25, June 8, September 7 and December 7, 2017.

1 Environmental Monitoring Plan, WM Richmond Landfill, Town of Greater Napanee, Ontario, rev. No.05, prepared by BluMetric Environmental Inc., dated April 2016

18-04-05 Bill McDonough, Manager - Richmond Landfill, Waste Management Pageo... 27 of 102

Notification of Off-Site Exceedances, WM Richmond Landfill April 2018

Similar to the previous results at these locations, there were no RUL exceedances at monitoring location M194-1 during this sampling event, while the analytical results for samples at the other four monitoring wells showed the presence of some parameters that exceeded their respective Reasonable Use Limits (RUL), as summarized in Table 1. These include:

 M178R-5: alkalinity, dissolved organic carbon, iron, total dissolved solids and 1,4 dioxane;  M188-2: manganese;  M194-2: dissolved organic carbon; and  M195: chloride, dissolved organic carbon, iron, sodium, total dissolved solids and benzene.

Table 1. WM Richmond Landfill - Summary of RUL Exceedances from March 20, 2018 Groundwater Monitoring Results

General and Inorganic Parameters VOCs Iron Total Solids Carbon Sodium Organic Benzene Benzene Chloride Alkalinity Dissolved Dissolved Manganese Manganese Parameter 1,4-Dioxane Units mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L Shallow Flow Zone Monitoring Wells RUL* 390 130 3.6 0.18 0.034 109 452 0.001 0.0014 M178R-5 460 4.4 0.21 530 0.0061 M188-2 0.04 Intermediate Bedrock Flow Zone Monitoring Wells RUL* 400 132 3.5 0.18 0.032 106 465 0.001 0.0014 M194-1 M194-2 10 M195 320 4.4 0.46 350 940 0.0041 * RUL: Reasonable Use Limit

Page 2

18-04-05 Bill McDonough, Manager - Richmond Landfill, Waste Management Pageo... 28 of 102

Notification of Off-Site Exceedances, WM Richmond Landfill April 2018

CLOSING

The results from the latest environmental monitoring event are generally consistent with those from previous sampling events, and will be reported as part of the spring semi-annual monitoring report by July 15, 2018 as required by ECA Condition 14.1.

We trust the above information is satisfactory. If you have any questions or need further information regarding the completed work please do not hesitate to contact the undersigned.

Respectfully submitted,

BluMetric Environmental Inc.

Francois Richard, Ph.D. P.Geo. Senior Hydrogeologist

Page 3

18-04-05 Bill McDonough, Manager - Richmond Landfill, Waste Management Pageo... 29 of 102 TOWN OF GREATER NAPANEE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE

Minutes of Meeting Held February 22, 2018 at 8:00 AM Committee Room, Town Hall, 124 John St., Napanee PRESENT: Councillor Roger Cole (Chair), Brittany Couto, Josh Dafoe, Hubert Hogle, Ellen Johnson, Vern Kjmmett, Jason MacDonald, Dave Pinnell Jr., Mike Sewell, John Stinson

ALSO PRESENT: Raymond Callery, CAO; Lyndsay Tee, Economic Development Coordinator, Marg Isbester, Deputy Mayor; Michelle King, Executive Office Co ordinator/HR Clerk

CALL TO ORDER Roger Cole called the meeting to order at 8:00 am.

ADOPTION OF AGENDA COMMITTEE RECOMMENDATION: That the agenda of the Community Development Advisory Committee dated Thursday, February 22, 2018 be hereby adopted.

ADOPTION OF MINUTES

Community Development Advisory Committee - Thursday, January 25, 2018 COMMITTEE RECOMMENDATION: That the minutes of the Community Development Advisory Committee dated Thursday, January 25, 2018 are hereby approved. ITEMS FOR DISCUSSION Rating System The Committee reviewed the rating system that had been developed to date and how to apply the ratings. It was agreed that they would start with one project as a test. The Committee chose the Arts & Culture Centre as the project to rate. Each group would apply their lens and determine if the project had a positive, negative or neutral impact and rate them using a scale of -2 to +2. Breakout groups would note any changes that may be required to the rating system.

Review Breakout and Process It was noted that innovation could be included as a category on all lens. A mitigation column would also be helpful to provide further information. Break out groups were requested to forward their completed chart to Lyndsay Tee and a summary chart will be prepared for discussion at the next meeting.

NEXT MEETING The next meeting will be held March 22, 2018 at 8:00 a.m.

Community Development Advisory Committee Page 30 of 102 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE - February 22, 2018 Minutes

ADJOURNMENT COMMITTEE RECOMMENDATION: That the meeting does hereby adjourn at 9:25 a.m.

CounciIIci-oger Cole, Chair

Community Development Advisory Committee Page 31 of 102

Staff Report to Council

To: Mayor Schermerhorn and Members of Council

Date: April 10, 2018

Prepared By: Raymond Callery, CAO

Presented By: General Managers

Re: CAO - Service Area Updates

Staff Recommendation:

That Council receive for information the CAO - Service Area Updates report.

Financial Implications: 2018 Budget should accommodate these initiatives unless otherwise identified.

Accessibility Implications: Continue to update many operational policies

Information Technology Implications: Initiatives identify implications as appropriate.

Background Information This monthly report format has been designed to give a high level overview to Council on significant projects taking place under each of the three main portfolios of Infrastructure Services, Emergency Services and Community and Corporate Services. The report also summarizes Human Resource, Energy Management and other initiatives being spearheaded by the office of the CAO.

I trust you will find this information useful, when combined with the other reporting that is being produced for each service area.

CAO - Service Area Updates Page 32 of 102

Emergency Services – Corporate-Wide Health & Safety Project Policy Implications Current Project Safety Message All workers have the right to return home each day safe and sound. Preventing work-related illness and injury is our most important Job! Project Policy Implications Current Project New Policy A preliminary draft of a Lockdown Policy has been developed for Management review. Fentanyl Protection Regulations, training Research on Naloxone Kits, guidelines, use, purpose, availability to Emergency Services First Aid Training Staff will recertify First Aid, CPR, and AED training this month.

Mental Health Training Awareness Training has been booked for all staff and managers from our Employee Assistance Providers. Safety Management Setup has begun for implementation of a Safety Software Training & Management System. This will be a step toward a more paperless tracking.

Emergency Services – Fire Project Policy Implications Recent Updates Calls for Service In 2017 Emergency Services responded to 531.

Calls for service for March 2018 was 46

Total calls for service this year 146

Emergency Services – Volunteer Recruitment Project Policy Implications Recent Updates Volunteer Firefighters As of the end of March, our 7 recruits are three quarters of the way through the recruit training program. All 7 are processing well through the program and are expected to graduate on May 9th.

Emergency Services – Energy Conservation Projects Project Policy Implications Recent Updates Napanee Station Insulation Budget approved Contractor is awaiting suitable weather to Project complete flashing around windows and doors.

Emergency Services – Capital Projects Project Policy Implications Recent Updates Bunker Gear A wear trial will begin over the next three months so a decision can be made on who would be a suitable supplier for contract.

CAO - Service Area Updates Page 33 of 102

Emergency Services – Public Education/Enforcement Project Policy Implications Current Project Inspections Provincial Compliance 23 request or complaint inspections were completed in February. Development/Construction On-going review of development and construction proposals. Public Education Public Service Announcements have been issued on various safety items including the Open Air Burning Ban

The message signs have been changed to advertise the Open Air Burning Ban

Code Enforcement Provincial Compliance There are no outstanding Fire Code enforcement issues at this time.

1 Smoke Alarm violation ticket was issued in March.

Civic Addressing On-going Smoke alarm, CO and Civic Address inspections have been scheduled. Once the nicer weather is here the inspection will start.

The program will inspect all addresses for compliance within five years, approximately 1250 inspections per year.

Emergency Services – Fleet Project Policy Implications Current Project Fleet Rationalization Plan Capital Budget Tenders have been issued for the purchase of new vehicles. The results and recommendations of the tenders will be provided for Council at the April 10 and 24 Council meetings for approval. Fleet Maintenance Program Ongoing The review of the fleet maintenance program has been completed. The plan has been presented to senior management. A new tracking system to collect data is being created. This new system is required to start the process for a records management and auditing program. This program will allow for the tracking of each vehicle maintenance and cost.

Emergency Services - Emergency Measures Project Policy Implications Current Project Emergency Management Provincial Compliance A public education plan is being developed for the Public Education upcoming events/festivals. A YouTube video is being created to assist in promotion. Annual Training Exercise Provincial Compliance Inquiries about developing an exercise on ‘ammonia leak’ topic. Reaching out to peers in the County who experienced a serious incident. 911 Information Signage Implementation of municipal signage throughout all of our municipal facilities indoor and outdoor spaces, with essential address/phone information.

CAO - Service Area Updates Page 34 of 102

Emergency Services – Accessibility Project Policy Implications Current Project Accessibility Awareness This month emphasizes “accessible lingo” and Campaign exercising appropriate language. Accessibility Complaint Addressing a public concern regarding our notification system for requiring assistance in a facility.

Infrastructure Services - Planning and Development Services Project Policy Implications Current Project Building Permit Information Total Dwelling Permits (Jan. 1 to Mar. 31): 7 Total construction value:$3,547,313.00 Total permit fees: $33,943.48 Status of various Comfort Inn: Footings have been poured, construction projects. construction is moving forward. Stinson Fuels: Construction is scheduled to begin in April. Napanee Environmental • Agreement being drafted – currently Complex Inc. (Green Frog awaiting wording changes. Pharma) – Goodyear Road ABcann Site Plan – • Met with the developer regarding the use Kimmett Side Road of greenhouses. Currently awaiting drawings for the greenhouses to further advise planning and building requirements. Gibbard District • Planning applications expected very soon. Development • Building permit application received for the creation of sales office and showroom and is currently under review. Richmond Pharma • Site plan is being revised to accommodate a shift in location on the lot. Red Tree Development • Site Plan internal and agency comments Phase 8 – Reid Street received for further discussion with the applicant. Hart Phase 6 Subdivision • Application received and circulated for internal and agency comments. • Pre-servicing agreement being drafted for the in-ground infrastructure (water, wastewater and storm). Flying J - Quick Truck Lube • Application for building permit has been received and is under review. Property Standards – Class Class Class 2018 Totals 1 2 3 Complaints Received 1 1 4 Closed 0 0 1 Ongoing 1 1 3

CAO - Service Area Updates Page 35 of 102

Infrastructure Services - Utilities Project Policy Implications Current Project WWTP Biogas Upgrades PEAK engineering has mobilized their construction trailer and delivered it to the WWTP. Pre-Construction meeting #3 to be held on Thursday April 5th, 2018 on site at the WWTP. Construction tentatively scheduled to begin the week of April 9th, 2018

Infrastructure Services – Public Works/Landfill Project Policy Implications Current Project Storm Clean-up Crews are actively working on cleaning up falling trees from the wind storm. (2018/04/05) Cold Patching Staff are cold patching municipal and county roads. (2018/04/05) Street Clean-up Street sweeping continues; weather permitting. (2018/04/05) Gravel Road Maintenance Spring maintenance on gravel roads is ongoing. (2018/04/05)

Infrastructure Services – Facilities Policy Implications Current Project

NDMH IP Gala Napanee District Minor Hockey will hold their year end Initiation Program Gala at the SPC on Sunday April 8th. The IP players will be on the ice from 8- 11:30am, followed by a reception in the banquet hall. NDSC Figure Skating The annual figure skating carnival is set for Sunday Carnival April 8th from 11am-6pm. Corrections Hockey Correctional officers from around the region will be Tournament playing in a hockey tournament at the SPC on Tuesday April 17th. Sportsfest Adult Hockey The annual Sportfest Adult Hockey tournament will Tournament return to the SPC at Friday April 27th and Saturday April 28th.

CAO - Service Area Updates Page 36 of 102

Finance Project Policy Implications Current Project

2017 Audit Preparing working papers for 2017 Audit. Auditors in process of completing Audit. Tax Sales Tax Sales scheduled for March, April and May 2018. Tangible Capital Assets Continuation of updating assets values. Tax Policy Effects on Budgets and tax rates will be investigated and presented during Budget deliberations. 2018 Budget Council Approval Staff preparing final report for presentation at April 24, 2018 Council meeting.

Community and Corporate Services – Information Technology Project Policy Implications Current Project

Downtown Wireless No current issues or work scheduled at this time Network Server/ Infrastructure Online Payment System – In Testing Phase upgrades Access Control System – Phase 1 installation complete. Access permissions are under review. Issue with Commercial Court main door access being investigated. No other upgrades planned at this time Telephone System Network outage on 4th April disabled internal phone communication. External lines were still operational during this period. Network Severe winds on 4th April caused complete network outage to all remote sites. Access points were blown out or alignment; Main Multipoint AP had an approx. 8’ lateral swing on the tower at public works. IT staff working to restore alignment. Town Hall and 12 Market unaffected by outage. Total down time approx. 6 hours.

CAO - Service Area Updates Page 37 of 102

Community and Corporate Services – Clerks Project Policy Implications Current Project By-law Enforcement By-law Enforcement Policy Statistics for 2018: Complaints Policy ▪ Parking Tickets issued - 143 Parking By-law ▪ Yard Maint. Complaints- 9 Dog Control By-law ▪ Requests for Info./Enforcement – 74 Yard Maint. By-law ▪ Dog Control Calls - 21 (Jan. and Feb. only) ▪ Yard Maint. Complaints - 9 Information Requests Municipal Freedom of ▪ 5 requests for information under MFIPPA Information and Protection have been processed to date in 2018. Areas of Privacy Act (MFIPPA) of requests include property standards, building permit information and fire reports.

Property Matters Town Road Closing Policy ▪ Finalizing a road closing file and a surplus land sale file as approved by Council. ▪ Processing a joint road closing applic. with Twp. of Stone Mills near Roblin Municipal Election 2018 Municipal Elections Act ▪ Candidates’ Nomination Period opens May 1, 2018 and closes July 27, 2018 at 2:00 p.m. Public Notice has been issued.

▪ Voterlookup.ca has been launched for voters to check their information for accuracy. Media release has been issued.

▪ Clerk attending “Financial Obligations in Elections, Compliance Audit Committees & 3rd Party Advertising” training in April.

▪ County Clerks met in March and will be meeting regularly to discuss and share election issues and information.

▪ Working with Communications Intern to update the Election information on the Town’s web site, review media releases and develop an overall communications strategy for the election.

Community and Corporate Services – Community Programming Project Policy Implications Current Project Communities in Bloom • Committee hosting tree sale at May 26th Hometown Market. • Banquet Hall at SPC booked for 2019 Garden Expo – to take place April 6, 2019. Arts & Culture • Next committee meeting scheduled for Tues. April 17, 2018. • Plans are underway for a Spring Social in May. • Staff and volunteers are planning to have all 20 pallets installed for the summer season the week of May 14, 2018. • Promotion for the yearly Arts & Culture Awards will kick off in May.

CAO - Service Area Updates Page 38 of 102 • The Afterschool Program continues to operate. Youth Programming • Staff are currently finalizing details for the 2018 Summer Day Camp. Registration is now open for the 9 week program beginning July 2nd. • Minor Ball is planned for the 2018 season and registration will open April 9th. • The March Break Day Camp was a success with 21 participants. • The next PA Day Camp is scheduled for April 13th. • Staff are developing a Programming Report which will showcase current programs, new programs to be implemented, and ideas for the future. Adult Programming • Play continues on Saturday mornings from 9am until 12pm and Tuesday evenings from 7pm until 9pm at Napanee District Secondary School. • Staff and volunteer members will be discussing plans for the program during the summer months and will have a report to Council in April. CDAC • The committee has separated into working groups and is currently reviewing the Strategic Plan. They are prioritizing what they feel are the top 5 projects to continue analyzing. • The next meeting will take place on April 26, 2018.

Project Policy Implications Current Project Economic Development • Green Frog (a marijuana company) that is locating on DSL land which is on the north side of Goodyear Road is in the final stages of their site plan review. Their application for a building permit is expected any day. • Investigating options for high speed internet for businesses located north of HWY 401 and in the Industrial Park.

• Connected local business owner to owner of vacant property in the downtown core. Staff will continue to support potential development where possible. • Meeting was held with Loyalist College regarding their programs and support for a business in Greater Napanee. Meeting was a success and conversations will continue. • EcDev. Coordinator and Communications Intern have been doing updates to the website. Updates include a new platform to showcase municipally owned available properties using the Esri mapping software. Plans are underway to expand this concept.

CAO - Service Area Updates Page 39 of 102 • Staff are in the process of finalizing the 2018- 2019 Visitors’ Guide. The new tourism guide will be available to the public for the May long weekend. Hometown Market • The indoor spring Hometown Market was held on Saturday, March 24, 2018 and was another success. • Plans for the 2018 summer Hometown Market are finalized. Vendor registration is now open. The first day of the 2018 Market schedule is Saturday, May 12th. Community Events • Light removal is now complete and took approx. 3 weeks. • Plans are underway for the 2018 Riverfront Festival and Canada Day. • Staff are supporting plans for the 2018 Good Friends of the Earth, Earth Day Community Clean Up.

Office of the Chief Administrative Officer – Human Resources Project Policy Implications Current Project Staffing Council will receive the Fire negotiations moving into median stage of arbitration decision for arbitration process information Long Term sick leaves being evaluated for replacement work.

Performance Review Training workshop will be completed prior to Council meeting

Training Seasonal Training for all positions scheduled for end of April Accreditation Presentations to Council to be scheduled in April Job Postings/Interviews GM Community and Corporate Services Posing Closed. Applicant review taking place Deputy Fire Chief Interview process started 24 Seasonal Position Interviews held Economic Development Coordinator Maternity Leave Posted

64 Employment interviews will be setup, completed and evaluated this month Provincial Legislation Eemployment equity considerations of legislative amendments being incorporated into compensation policy and grids

CAO - Service Area Updates Page 40 of 102

Office of the Chief Administrative Officer – Council Projects/Policy Project Policy Implications Current Project Municipal Property Lease A report will be brought The Director of Operational Audits is compiling Agreements forward to Council data relating to all Municipal Lease Agreements. A report will identify the status of existing agreements including revenue generated and expenditures. Physician Recruitment Eastern Regional Medical The Director of Operational Audits continues to Program Education Program work with ERMEP. During Community Week (ERMEP) 2018, five first year Medical Students (2 from Ottawa U. and 3 from Queens) will do a placement in Napanee. Request for Proposals A decision was made at Agreements will be drawn up accordingly and 2018-01 CAO/ADMIN for the March 27th Regular brought forward for signing by the Mayor and Municipal Engineering Session of Council. Clerk. Services Strategic Planning Council will look at CDAC has begun formal process to help provide priorities as part of 2018 recommendations from a Economic Development Budget based on various perspective of identified projects. Departments recommendations reviewing internal budget implications of plan.

Taxation policy considerations will be presented as part of the 2018 budget deliberations Tax Policy Contact and follow-up occurring from Ministry of Municipal Affairs. Riverfront Festival 2018 Festival June 8-9th , Preparation meetings have begun. OPP, Navy, Barefoot Skiing, Multicultural Association will continue involvement. Sponsorships being confirmed. Dock signage for temporary closure that weekend being erected. Communication plan completed for festival. Local Government Day Local Government Day for Grade 5 students being planned. Staff trying to develop plan for incorporation of public open houses around this event.

Office of the Chief Administrative Officer – Police/ Police Services Board Project Policy Implications Current Project OPP Working Group Scheduling Meeting in April to deal with legislative amendments and follow up to Council resolution. Police Services Board Next Meeting to be scheduled after Hiring Process for Detachment Commander.

CAO - Service Area Updates Page 41 of 102

Office of the Chief Administrative Officer – Communications Project Policy Implications Current Project Internal/External Communications Intern: Communications Communications Strategy for Riverfront Festival complete April portion of Accessibility Campaign finalized Elections communications prep has begun Draft of Corporate Communications Strategy is complete and will be sent to Senior Management for further review TVs at the arena are now being used as a communications platform which are updated bi- weekly with upcoming events, notifications, etc. Will be attending a 2-day Crisis Communications conference at the end of the month (April 25-26) Ongoing maintenance of the Town’s website and social media platforms.

Office of the Chief Administrative Officer – Community Development Advisory Committee Project Policy Implications Current Project Developing workplan CDAC has begun rating projects. This process will cover the next few meetings. Committee picking top five projects to rate.

Office of the Chief Administrative Officer – Community Development Committee - TransCanada Project Policy Implications Current Project Applications . Still reviewing reports and processing payments for approved grants. Communications Approvals One application for review

CAO - Service Area Updates Page 42 of 102 Staff Report to Council

To: Mayor Schermerhorn and Members of Council

Date: April 10, 2018

Prepared By: Peter Dafoe, General Manager of Infrastructure Services

Presented By: Peter Dafoe, General Manager of Infrastructure Services Re: Infrastructure Services (Parks and Facilities) – Church of St. Mary Magdalene Cemetery Maintenance Request

Staff Recommendation That Council receive for information the Infrastructure Services (Parks and Facilities) – Church of St. Mary Magdalene Cemetery Maintenance Request Report; And further that Council provide direction to staff for the St. Mary of Magdalene Church Cemetery maintenance request, received November 15, 2017.

Financial Implications Upon review, the cemetery maintenance request can be incorporated into the existing Proposed 2018 Operating Budget without a significant adverse impact.

Accessibility Implications This report may be available in alternate format upon request.

Information Technology Implications Upon review, there are no information technology implications.

Energy Management Implications: Upon review, there are no energy management implications.

Background Information There are approximately sixty-seven (67) cemeteries within the Town of Greater Napanee. It is estimated that there are currently sixteen (16) active cemeteries.

Infrastructure Services (Facilities) - Church of St. Mary Magdalene Ceme... Page 43 of 102 The Town of Greater Napanee is currently maintaining twelve (12) cemeteries within the municipality.

Cemetery Location Maintained by: 1 Roblin Cemetery County Road #41 Contract 2 Selby Cemetery Pleasant Drive (south of Staff municipal hall) 3 Mount Pleasant Cemetery County Road #1 (west of Oliver Side Road) Staff 4 Martin/Empey Hill Cemetery Beechwood Road (west of Johnston Side Road) Staff 5 Loyst Cemetery South Shore Road (10.5kms west of County Road #8) Staff 6 Close Mills Cemetery Big Creek Road (3.2kms west of County Road #8) Staff 7 Ebenezer Cemetery Chambers Side Road Staff 8 Park’s Cemetery County Road #9 (11.2kms west of County Road #8) Staff 9 Trumpour Cemetery Staples Lane Staff 10 Woodcock Cemetery Woodcock Street Staff 11 Carscallen Cemetery River Road Staff 12 St. Alban’s Cemetery Hwy #33 in Adolphustown Staff

In addition to the above noted list, Parks and Facilities undertakes summer maintenance at numerous municipal properties, parks, soccer pitches, baseball diamonds as well as assisting with horticultural initiatives. Currently, a full compliment of staff consists of only six (6) full-time, two (2) lead hands and nine (9) summer students. During the peak period of summer maintenance, staff also maintain ice operations at the Strathcona Paper Centre. The Home Hardware ice surface is operated until April 29th and is reinstated on July 11th. The Goodyear ice surface is operated until June 3rd and is reinstated on August 20th. Over the summer months there is typically reduced ice operations but both ice pads are off line only for a total of five (5) weeks. Ice operations are regulated by the Technical Standards and Safety Authority (TSSA) and create minimum staffing requirements during peak summer maintenance periods. Facilities staff can effectively manage the current maintenance and operating requirements but staffing challenges do exist when summer staff return to post secondary studies and the SPC resumes operating with both ice pads in service.

Infrastructure Services (Facilities) - Church of St. Mary Magdalene Ceme... Page 44 of 102 Summary It is estimated that under normal conditions, the Thomas St. Cemetery maintenance would add approximately one (1) hour to the weekly schedule for a work crew of three 3-4 staff. It is also estimated that the Town could perform summer maintenance within the existing staffing levels and the proposed 2018 Operating Budget. It is recommended that any future requests be considered during budget deliberations to ensure that the adequate financial resources are allocated as well as staffing levels and equipment are at suitable levels to ensure the Town can provide a satisfactory level of service. Staff also recommend the creation of a “Request for Services Policy” for Council consideration.

Infrastructure Services (Facilities) - Church of St. Mary Magdalene Ceme... Page 45 of 102 RECEiVEDNOVI5zgp

r. The Church of St. Mary Magdalene ‘C’

‘ulf;’GU’ (IILIrLh of Capiath 137 Robinson Street, Napanee, ON, K7R 253 D,oces&of Onlaoo 613-354-3141 www.stmaryrnagdaienenapanee. ca stmarymag2@grnail. corn

Attention: Mayor Gordon Schermerhorn and Council of the Town of Greater Napanee

Referencing the historic cemetery of St. Mary Magdalene Church, on Thomas St. East

just off Camden Road, in Napanee, Ontario.

On behalf of the Church of St. Mary Magdalene, in Napanee, I am requesting that the Town of Greater Napanee assume the caretaking/maintenance of our old cemetery on Thomas St. East - just off Camden Road, - due to our decreased finances, and the ageing of our present caretaker.

This cemetery - dating from 1836 - 1877 is presently cared for by a neighbour, Carmen Graham - who, due to his age is finding it difficult to continue with this committment.

The old graveyard is in immaculate condition at present, due to his care. The stones, though showing signs of wear, are mostly upright and intact.

As we do not have a cemetery board at St. Mary Magdalene, we understand that the old Anglican cemetery in Selby has been maintained by the Town of Greater Napanee for several years now - and, we ask that the Council consider assuming the care of the Thomas St. East one as well.

Presently there are some dead trees - primarily locust - that will need to be removed, as well as a large maple needing some limbs removed. Discussion would be required as to financial responsibility for removal of these trees.

Any questions or concerns can be directed to me at - susan.withersgmail.com, or phone 613-354-5765 - or Susan J. Withers, 15 Hambly Rd. Napanee, Ont. K7R3K8. Respectfully submitted,

Susan J. Withers SMMAC

Join us for services Wednesdays Sundays Sundays

Infrastructure Services (Facilities) - Church of St. Mary Magdalene Ceme... Page 46 of 102

Infrastructure Services (Facilities) - Church of St. Mary Magdalene Ceme... Page 47 of 102 Infrastructure Services (Facilities) - Church of St. Mary Magdalene Ceme... Page 48 of 102 Staff Report to Council

To: Mayor Schermerhorn and Members of Council

Date: April 10, 2018

Prepared By: Rob Serson, General Manager-Emergency Services/Fire Chief

Presented By: Rob Serson, General Manager-Emergency Services/Fire Chief

Re: Fleet - Purchase of Light Vehicle

Staff Recommendation: That Council receive for information the Fleet - Purchase of Light Vehicle report;

And further that Council accepts the Request for Tenders RFT #2018-07 process undertaken by municipal staff, as having met the goals and principles of the municipal procurement policies forming part of Town of Greater Napanee By-Law #05-05, as amended;

And further that Council award the Request for Tenders RFT #2018-07 to Taylor Auto Mall of Kingston and authorize the purchase of one (1) new light vehicle for the Infrastructure Services - Utilities Department at a cost of $30,450.11 including HST.

Financial Implications $30,450.11 including H.S.T. from the approved 2018 Infrastructure Utilities Capital Budget. The 2018 Utilities Capital Budget for this vehicle is $35,000.00 Accessibility Implications This report may be available in alternate format upon request.

Information Technology Implications After review it was determined that there are no implications at this time.

Energy Management Implications As we are making every effort to provide the most energy efficient use of our resources, vehicle use was taken into consideration to provide the most fuel efficient model for our fleet.

Emergency Services (Fleet) - Purchase of Light Vehicle Page 49 of 102 Background Information Council approved the purchase of a new light fleet vehicle for Utilities from the 2018 Utilities Capital budget. The light fleet Request for Tenders RFT #2018-07 was issued on March 12, 2018 and was advertised on the Town of Greater Napanee’s website and MERX, an internet Canadian Public Tenders Service agency.

Three venders, Pringle’s Service Limited of Napanee, Taylor Auto Mall of Kingston and Dilawri Auto of Ottawa submitted bids. Each vender met the conditions of the RFT and the minimum specifications. Discussion The following is the result of the bids submitted by the vendors for the vehicle as specified:

Dealership & Vehicle Type Price Met Spec Recommended Dilawri Auto $35,030.00 Y 2018 Dodge Ram 1500 3.6L V6 Pringle’s Service Limited $35,557.71 Y Ford F150 3.3L V6 Taylor Auto Mall $30,450.11 Y X Chevrolet Silverado 4.3L V6

Respectfully Submitted,

Rob Serson, General Manager-Emergency Services/Fire Chief

Emergency Services (Fleet) - Purchase of Light Vehicle Page 50 of 102

Staff Report to Council

To: Mayor Schermerhorn and Members of Council

Date: April 10, 2018

Prepared By: Raymond Callery, CAO

Presented By: Mark Day, Deputy CAO/Treasurer Susan Beckel, Clerk Re: CAO – Draft Code of Conduct

Staff Recommendation: That Council receive for information the CAO - Draft Code of Conduct report; And further that Council consider the draft Code of Conduct as presented and submit comments back to the CAO for May 1, 2018 for a draft policy to be brought back for Council approval.

Financial Implications: Could reduced the amount of money spent on future investigations by having a clear policy.

Accessibility Implications: This report may be available in alternate format upon request.

Information Technology Implications: This policy, when adopted, would be added to our formal Communications Plan being drafted.

Energy Management Implications: Upon review, there are no energy management implications.

Background Information: Council adopted the following resolution on February 13, 2018:

CAO - Draft Code of Conduct Page 51 of 102 RESOLUTION #72/18: Isbester & Kaiser That a Code of Conduct be prepared and accepted by this Council on or before the 10th day of April, 2018, with input from Council members and comparison with other municipalities of like size. CARRIED.

Legislation governing Codes of Conduct

(i) Municipal Act - Section 223.2 (see excerpt below)

Note: On March 1, 2019, the day named by proclamation of the Lieutenant Governor, section 223.2 of the Act is repealed and the following substituted: (See: 2017, c. 10, Sched. 1, s. 18) Code of conduct 223.2 (1) A municipality shall establish codes of conduct for members of the council of the municipality and of its local boards. 2017, c. 10, Sched. 1, s. 18. Same (2) Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct. 2017, c. 10, Sched. 1, s. 18. No offence or administrative penalty (3) A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence or is required to pay an administrative penalty. 2017, c. 10, Sched. 1, s. 18. Regulations (4) The Minister may make regulations prescribing one or more subject matters that a municipality is required to include in a code of conduct. 2017, c. 10, Sched. 1, s. 18. (ii) O.Reg. 55/18 (Codes of Conduct - Prescribed Subject Matters) under the Municipal Act, 2001 prescribes as follows: Consolidation Period: From March 2, 2018 Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on March 1, 2019, the day section 18 of Schedule 1 to the Modernizing Ontario’s Municipal Legislation Act, 2017 comes into force. Prescribed subject matters 1. For the purposes of section 223.2 of the Act, the following are the prescribed subject matters that a municipality is required to include in the codes of conduct for members of the council of the municipality and of its local boards: 1. Gifts, benefits and hospitality. 2. Respectful conduct, including conduct toward officers and employees of the municipality or the local board, as the case may be. 3. Confidential information. 4. Use of property of the municipality or of the local board, as the case may be.

CAO - Draft Code of Conduct Page 52 of 102

In addition to a Code of Conduct, the Town currently has in place a Respect in the Workplace Policy and a Harassment and Violence in the Workplace Policy.

Discussion: Staff has reviewed several Codes of Conduct from other municipalities, and has drafted a document for Council’s consideration. In addition, a Code of Conduct Complaint Form to bring forward a suspected contraventions has been created. Both documents are attached to this report.

I would be pleased to discuss any comments or issues with Council.

Respectfully Submitted,

Raymond Callery, CAO

CAO - Draft Code of Conduct Page 53 of 102 Town of Greater Napanee Code of Conduct for Council and Local Boards

Adopted: April 10, 2018

Introduction This Code of Conduct is made in accordance with Section 223.2 of the Municipal Act which states that a municipality shall establish codes of conduct for members of the council of the municipality and of its local boards by March 1, 2019.

This Code of Conduct operates with and as a supplement to existing federal and provincial statutes and municipal by-laws including, but not limited to:

▪ Criminal Code of Canada ▪ Municipal Act ▪ Municipal Conflict of Interest Act ▪ Municipal Elections Act ▪ Municipal Freedom of Information and Protection of Privacy Act ▪ Ontario Human Rights Code ▪ Town of Greater Napanee By-laws and Policies

Section 1: Policy Purpose:

1.1 The Council Code of Conduct sets out and identifies the Town of Greater Napanee’s expectations for its Members of Council and its local board and establishes rules for appropriate conduct.

1.2 The purpose of a Code of Conduct Policy is to: i. To set out clear expectations of the behaviour of members of Council and local boards; ii. To provide information to the public as to the behaviour they can expect iii. from their Council and local boards; iv. To provide guidance to members of Council and local boards in the conduct of their duties as elected officials; and v. To provide a mechanism for responding to alleged breaches of the Code.

CAO - Draft Code of Conduct Page 54 of 102 Section 2: Application

2.1 This Council Code of Conduct applies to all Members of Council and local boards for the Town of Greater Napanee. The Code of Conduct helps to ensure that the Members of Council and local boards share a common basis for acceptable conduct.

Section 3: Definitions

3.1 In this Code of Conduct, the specified terms are as follows:

“Conflict of Interest” means that the Member’s impartiality in deciding to exercise an official power or perform an official duty or function may be affected by his/her private interest;

"Code of Conduct" means the Town of Greater Napanee’s Council Code of Conduct as it applies to members of the Town of Greater Napanee Council and of its local boards. "Complaint" means an alleged contravention of the Code of Conduct. “Confidential Information” means information in the possession of, or received in confidence by the Town that the Town is either prohibited from disclosing, or may refuse to disclose, pursuant to the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”) or other legislation and in the latter case where disclosure while discretionary will harm the interests of the Town or third parties including information presented in a closed meeting of Council. “Council/Member of Council” means the Council of the Town of Greater Napanee. “Gift” means anything that is provided to and retained by a Member, that could be seen to be connected directly or indirectly to the performance of the Member’s duties. “Harassment” involves engaging in a course of vexatious comment or conduct against another person, member of Council or staff, whether it occurs inside or outside the work environment, that is known or ought reasonably to be known to be unwelcome or sexual harassment. "Family Member" shall mean a parent, spouse, child, sibling, in-laws as well as step- relationships and half-relationships;

"Integrity Commissioner" is an unbiased individual who is appointed by and reports to Council, and who is responsible for performing in an independent manner the functions assigned by the Town with respect to,

(a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them;

______Town of Greater Napanee Code of Conduct Page 2 of 10

CAO - Draft Code of Conduct Page 55 of 102 (b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them; or (c) both of clauses (a) and (b). Municipal Act, Section 223.3(1) and shall be appointed by Council not later than March 1, 2019.

“Local Boards” means the Town’s Committee of Adjustment or the Napanee Business Improvement Area (BIA)

“Meeting” means any regular, special or other meeting of a council, where, (a) a quorum of members is present, and (b) members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee, as defined in the Municipal Act. “Member” means a member of Council of the Town of Greater Napanee. “Office” means the authority and duties attached to the position of being an elected Member of Council. “Official Duties” means the public duties of a Member of Council or local boards done in his/her role for reason of providing good government with respect to those matters. “Personal Benefit” means an advantage, other than financial, such as seeking an appointment, promotion or transfer within the Town on behalf of a family member, and includes the private interests of a Member.

“Social Media” means web based applications and online platforms that allow users to interact, share and publish content such as text, links, photos, audio and video with the public;

“Town Staff/Employees” means direct employees of the Town of Greater Napanee, whether full-time, part-time, contract (including employees of companies contracted by the Town) or casual (including students and volunteers);

“Town Property” means items, services, facilities, lands, resources which belong to the Town, including the Town’s official web site and social media accounts. “Town” means The Corporation of the Town of Greater Napanee. Section 4: Responsibilities 4.1 Every Member of Council shall observe and comply with every provision of this Code of Conduct, as well as all applicable legislation and other policies and procedures adopted

______Town of Greater Napanee Code of Conduct Page 3 of 10

CAO - Draft Code of Conduct Page 56 of 102 or established by Council, and shall not knowingly disregard the terms of by-laws enacted by Council. 4.2 As a Member of Council or local board, one must: i. Conduct themselves with the highest degree of ethical behaviour and integrity; ii. Avoid conflict of interest; iii. Not make statements known to be false or make a statement with the intent to mislead Council or the public; iv. Make their best attempts to attend Council meetings and be on time. When a Member cannot attend a meeting, they shall contact the Mayor and CAO or Clerk in advance. v. Not use the influence of office for any purpose other than the exercise of official duties; vi. Accurately communicate the decisions of Council; and vii. Ensure the public has input and receives notice regarding Council’s decision-making processes in accordance with the Procedure By-law.

Section 5: Gifts, Benefits and Hospitality 5.1 Members of Council shall not accept any gifts, benefits or hospitality which could create, or be seen to create, any obligation or special consideration to an individual or business. When in doubt of what is acceptable in terms of gifts, benefits or hospitality, the offer should be declined. Section 6: Use of Municipal Information 6.1 No member shall: (i) use information gained in the execution of his or her duties that is not available to the general public for any purposes other than his or her official duties. (ii) disclose or release by any means to any member of the public, any confidential information acquired by virtue of his or her office, either oral or written, except when required by law and authorized by Council to do so. (iii) use confidential information for personal or private advantage or gain or, for the gain of relatives or any person or corporation (other than the Town). (iv) access or attempt to gain access to confidential information in the custody or under the control of the Town unless it is necessary for the performance of his or her duties.

6.2 Requests for information should be referred to the office of the Clerk to be addressed as a formal request under the Municipal Freedom of Information and Protection of Privacy Act.

Section 7: Use of Town Property and Services 7.1 No Member of Council or local board shall:

______Town of Greater Napanee Code of Conduct Page 4 of 10

CAO - Draft Code of Conduct Page 57 of 102 i. use any municipal property, equipment, services and/or supplies other than for purposes connected with the discharge of his or her municipal duties or associated community activities of which Council has been advised and has approved; or

ii. obtain financial gain from the use of municipally developed intellectual property, computer programs, technological innovations or other patentable items.

Section 8: Improper Use of Influence

8.1 No Member shall use the influence of his/her office for any purpose other than for the exercise of his/her official duties.

Section 9: Business Relations 9.1 No Member of Council or of Local Board shall: i. allow the prospect of his/her future employment by a person or entity to affect the performance of his/her duties to the Town, detrimentally or otherwise; ii. borrow money from any person who regularly does business with the Town unless such person is an institution or company whose shares are publicly traded and who is regularly in the business of lending money, such as a credit union; or iii. act as a paid agent before Council or local board.

Section 10: Conduct of Council at Meetings of Town Committees or Local Boards

10.1 Members of Council and of Local Boards shall: i. conduct themselves in accordance with the provisions of the Town’s Procedure By-Law, show courtesy and respect to delegations, fellow members and staff, and not distract from the business of the Town during presentations and when other members have the floor. ii. set all handheld electronic devices to silent or off, and shall not use electronic equipment in a manner which interrupts the proceedings of Council and local boards; iii. not engage in private conversations during a Council or local board meeting in a manner which interrupts the proceedings of the Council or local board.

Section 11: Respect in the Workplace

11.1 Members of Council are governed by the Town’s Violence and Harassment in the Workplace policy. All Members have a duty to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation, and to ensure that their work environment is free from discrimination and harassment.

______Town of Greater Napanee Code of Conduct Page 5 of 10

CAO - Draft Code of Conduct Page 58 of 102 11.2 Members of Council and local boards shall not:

i. make inappropriate comments or gestures to or about an individual where such conduct is offensive to the person(s) to whom they are directed or are about; ii. Display materials or transmit communications that are inappropriate, offensive, insulting or derogatory; iii. Make threats or engage in any abusive activity or course of conduct towards others; iv. Vandalize the personal property of others; or v. Commit assault of any kind, including making unwanted physical contact.

11.3 All complaints received involving Members of Council under the Workplace Violence and Harassment policy shall be addressed as per the policy.

Section 12: Council Staff Relationships The role of Council is to lead through setting policy and budget. It is not to manage or administer. 12.1 Only Council as a whole has authority to approve budgets, policies, committee processes and other matters. No Member shall individually direct the actions of staff, except as authorized by Council.

12.2 All members shall have respect for the professional capacities of the Town staff. No member shall maliciously or falsely injure the professional or ethical reputation, or practices of staff.

12.3 No Member of Council or local board shall use, or attempt to use, his/her authority for the means of intimidating, threatening, coercing, commanding or influencing any Town staff member with the intent of interfering in staff’s duties, including the duty to disclose improper activity.

12.4 Town staff shall treat all members of Council and local boards with professionalism and courtesy, and must not favour, nor be seen to favour, the interests of one Councillor over the interests of Council.

12.5 Inquiries of Town staff from Members of Council and Local Boards should be directed to the Chief Administrative Officer or the appropriate member of the Senior Management Team. Where inquiries have been delegated to a member of the Senior Management Team, they may further delegate to the appropriate Supervisor/Manager for a response.

Section 13: Employment of Council Family Members 13.1 No Member of Council or local board shall: i. attempt to influence any Town staff to hire or promote a Family Member; ______Town of Greater Napanee Code of Conduct Page 6 of 10

CAO - Draft Code of Conduct Page 59 of 102 ii. permit a Family Member to apply for employment with the Town; or iii. extend in the discharge of their official duties, preferential treatment to Family Members, organizations or groups in which they or their Family Members have a direct or indirect pecuniary interest.

Section 14: Conflict of Interest

14.1 No member of council shall discharge any official duty or participate in any meeting of council or its committees where he/he has a real or apparent conflict of interest.

14.2 Process for Disclosure of Conflict of Interest When a conflict of interest exists, as per Municipal Conflict of Interest Act, R.S.O. 1990, C.M.50, as amended, Members of Council or local boards shall, when present at a meeting at which the matter is considered, shall do the following:

i. Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the council or local board at which the matter is the subject of consideration, the member,

(a) shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof; (b) shall not take part in the discussion of, or vote on any question in respect of the matter; and (c) shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question.

ii. Where the meeting referred to in subsection (i) is not open to the public, in addition to complying with the requirements of that subsection, the member shall forthwith leave the meeting or the part of the meeting during which the matter is under consideration.

14.3 Written Statement of Disclosure i. Effective March 1, 2019, at a meeting at which a member discloses an interest under section 5, or as soon as possible afterwards, the member shall file a written statement of the interest and its general nature with the Town Clerk or the secretary of the committee or local board, as applicable. Section 15: Communications and Media Relations i. All communications shall be handled in a courteous and respectful manner; ii. An objective and impartial attitude shall be maintained in dealing with all citizens as they have a right to present their views; ______Town of Greater Napanee Code of Conduct Page 7 of 10

CAO - Draft Code of Conduct Page 60 of 102 iii. As Head of Council, the Mayor or a designate shall communicate official information related to Council decisions to the community and the media; iv. Members of Council and local boards shall accurately communicate information concerning the adoption of policies, procedures and decisions of Council, even if they disagree with a majority decision of Council or the local board; v. Confidential information will be communicated only when and after determined by Council; vi. When communicating with the media, a Member should refrain from speculating or reflecting upon the motives of other Members in respect of their actions as a Member of Council. Section 16: Social Media 16.1 A Member of Council or local board shall: i. adhere to the Town’s Social Media policy; ii. refrain from making disparaging comments about other Members of Council, local boards or Town staff or about Council’s processes and decisions on social media; iii. not post on any social media site or any other internet site, any confidential information from Council or local board.

Section 17: Process for Making a Complaint

17.1 If an individual believes that a Member of Council has breached the Code of Conduct or is in non-compliance, there are two options:

i. Informal Approach

(a) Advise the Member of Council or local board that the behaviour or activity contravenes the Code of Conduct; (b) Encourage the Member to stop the prohibited behaviour or activity; (c) Keep a written record of the incidents including dates, times, locations, other persons present and any other relevant information; (d) Tell someone else (for example, a senior staff member) about concerns, comments to the Member and the response of the Member; or (e) Consider the need to pursue the matter in accordance with the formal complaint procedure, if applicable, or in accordance with another applicable judicial or quasi- judicial process or complaint procedure. (f) All complaints will be considered informal unless a complaint form is filed and remitted to the Town detailing the concern or issue.

ii. Procedure to Submit a Formal Complaint to the Integrity Commissioner: ______Town of Greater Napanee Code of Conduct Page 8 of 10

CAO - Draft Code of Conduct Page 61 of 102 (a) Council Members, employees or members of the public may submit complaints to the Integrity Commissioner relating to compliance with the Code of Conduct for Members of Council. (b) All complaints will be treated as confidential. (c) Complaints shall be submitted on the established Formal Complaints Form. (d) The Formal Complaints Form is available on the Town website or from the Clerk’s office. (e) All complaints must contain the following information: a. Complainant’s name, mailing address, telephone number and e-mail address (if applicable); b. Nature and background of the complaint; c. Any activities undertaken (if any) to resolve the concern; d. Any other relevant information; e. Original Signature; (f) Upon receipt of a complete Formal Complaints Form, the Clerk shall prepare a package to be forwarded to the Integrity Commissioner that will include the following: a. The Formal Complaints Form; b. A certified true copy of the Code of Conduct for Members of Council and Local Boards; and c. Any other information or documentation supplied by the complainant that is deemed relevant. The information package shall be forwarded to the Integrity Commissioner in hard copy format by courier, electronic or regular mail, whichever is deemed appropriate.

Section 18: Investigation of an Alleged Breach of the Code of Conduct

18.1 (a)The Integrity Commissioner for the Town, as appointed pursuant to 223.3 (1) of the Municipal Act, is responsible for the conduct of investigations of breaches of this Code. Complaints about and investigations of allegations of Code breaches or violations shall be conducted in accordance with the procedure as enacted by Town by-law.

(b) In all cases, the Integrity Commissioner shall first do an initial assessment in order to determine whether or not to proceed with an investigation.

Section 19: Decisions Reported to Council and Options for Remedial Action 19.1 Where a breach has been found, recommendations and options for remedial actions will be submitted to Council during a public meeting. The original signed complaint and the final report shall be retained in the Clerk’s archives.

Section 20: Penalties for a Breach of the Code of Conduct 20.1 The Council of the Town of Greater Napanee may impose penalties with regards to the alleged contraventions of this Code of Conduct. Penalties may include, but are not limited to:

______Town of Greater Napanee Code of Conduct Page 9 of 10

CAO - Draft Code of Conduct Page 62 of 102 • Public reprimands or public apologies; • Expulsion from one or more meetings, for up to 90 days; • Removal from appointments or chair positions; • Suspension of the remuneration paid to the member for up to 90 days; • Any combination of the above. 20.2 No Member shall threaten or undertake any active reprisal against a person initiating an inquiry or complaint under the Code of Conduct, or against a person who provides information to the Integrity Commissioner in any investigation. It is a violation of the Code of Conduct to destroy documents or erase electronic communications or refuse to respond to the Integrity Commissioner where a formal complaint has been lodged under the Code of Conduct.

Section 21: Interpretation 21.1 If any clarification is required of this Code of Conduct, an individual shall consult with the Chief Administrative Officer. Section 22: Attestation 22.1 Upon the adoption of this Code of Conduct and thereafter at the beginning of each term, Members of Council and local boards will be expected to sign two copies of the Code of Conduct (one for themselves and one for the Clerk’s Office) to convey to each other and all stakeholders that they have read, understood and accept it. Section 23: Conflicts with Other Policies or By-laws 23.1 Where a conflict exists between this Code of Conduct and another policy or by-law, the more restrictive shall prevail. Section 24: Review of this Code of Conduct 24.1 The Code of Conduct will be brought forward for review during each term of Council, when relevant legislation is amended, and as appropriate to ensure that it remains current and continues to be a useful guide to Members of Council.

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CAO - Draft Code of Conduct Page 63 of 102 Code of Conduct Complaint Form Name of Person Submitting Complaint: *

Mailing Address: *

Phone Number: *

Email: *

Council Member to Whom the Complaint Pertains: *

Complaint under the Code of Conduct: I have reasonable and probable grounds to believe that the following section or sections of the Town's Code of Conduct have been contravened by the above-noted Council or Local Board Member :

CAO - Draft Code of Conduct Page 64 of 102 Please review the Code of Conduct and check one of more of the following: *

Gifts, Benefits and Hospitality (Section 5.1) Respect in the Workplace (Section 11.2)

Use of Municipal Information (Section 6.1) Council-Staff Relationships (Sections 12.1; 12.2 and 12.3)

Use of Town Property and Services (Section 7.1) Employment of Council Family Members (Section 13.1)

Improper Use of Influence (Section 8.1) Conflict of Interest (Section 14.1)

Business Relations (Section 9.1) Social Media (Section 16.1)

Conduct of Council at Meetings of Town Committees or Local Boards (Section 10.1)

Please indicate which section was contravened: *

16.1 (i)

16.1 (ii)

16.1 (iii)

Please indicate which section was contravened: *

14.1

Please indicate which section was contravened: *

13.1 (i)

13.1 (ii)

13.1 (iii)

Please indicate which section was contravened: *

12.1

12.2

12.3

CAO - Draft Code of Conduct Page 65 of 102 Please indicate which section was contravened: *

11.2 (i)

11.2 (ii)

11.2 (iii)

11.2 (iv)

11.2 (v)

Please indicate which section was contravened: *

10.1 (i)

10.1 (ii)

10.1 (iii)

Please indicate which section was contravened: *

9.1 (i)

9.1 (ii)

9.1 (iii)

Please indicate which section was contravened: *

8.1

Please indicate which section was contravened: *

7.1 (i)

7.1 (ii)

CAO - Draft Code of Conduct Page 66 of 102 Please indicate which section was contravened: *

6.1 (i)

6.1 (ii)

6.1 (iii)

6.1 (iv)

Please indicate which section was contravened: *

5.1

Describe below what facts support your complaint. In the statement, number each assertion of fact - e.g.1. The Council Member did X on date Y.: *

Attach any documents which support your claim. List documents and supporting evidence and mark them as Exhibit A, Exhibit B and so on.

By typing my name here, I confirm that the information I've provided on this form is truthful and accurate: *

NOTICE: Providing false information may result in prosecution under the Criminal Code.

Note: Personal information required on this form is collected under the authority of the Municipal Act, 2001, S.O. 2001, c.25 as amended and will be used for purposes of evaluating this complaint and pursuing an inquiry or investigation as appropriate under the Code of Conduct.

CAO - Draft Code of Conduct Page 67 of 102

Staff Report to Council

To: Mayor Schermerhorn and Members of Council

Date: April 10, 2018

Prepared By: Susan Beckel, Clerk

Presented By: Susan Beckel, Clerk Peter Dafoe, General Manager - Infrastructure Services Rob Serson, General Manager - Emergency Services/Fire Chief

Re: Community & Corporate Services - 2018 Proposed Changes to Certain Fees for Services

Staff Recommendation: That Council receive for information the Community & Corporate Services - 2018 Proposed Changes to Certain Fees for Services report;

And further that Council direct staff to bring forward a 2018 fees for services by-law for consideration, incorporating the proposed fee increases as presented in this report, once the required public notice has been provided.

Financial Implications The proposed increased fees for services, if adopted, will increase Town revenue.

Accessibility Implications This report may be available in alternate format upon request.

Information Technology Implications Upon review, there are no information technology implications.

Energy Management Implications Upon review, there are no energy management implications.

Background Information By-law No. 2017-0029, being a by-law to impose fees or charges for services provided, costs payable or use of property by the Town of Greater Napanee was adopted in June 2017. A review of fees for services is conducted annually.

Community & Corporate Services - 2018 Proposed Changes to Certain Fees f...Page 68 of 102 Discussion Staff has reviewed the current fees for services and propose the following changes in 2018 (changes are indicated in red type):

Schedule “A” - Community & Corporate Services Department Fees Service Provided Current Fee Proposed Fee Summer Day Camp - (includes t-shirts) (includes t-shirts) Regular Weeks (per child) • First Week Registration $140.00/week $145.00/week • Additional Weeks $130.00/week $135.00/week • Family Discount for 3rd $84.00/week $87.00/week & Additional Child • Additional Weeks $78.00/week $81.00/week

Day Camp Before and $10.00 - Before Care/Week $15.00 Before Care/Week After Care $10.00 - After Care/Week $15.00 After Care/Week

Day Camp - Leader in Training (L.I.T) $40.00 for 3 weeks $45.00 for 3 weeks Day Camp - Pro-Rated (includes t-shirts) (includes t-shirts) Weeks (per child) • First Week Registration $112.00/week $116.00/week • Additional Weeks $104.00/week $108.00/week • Discount for 3rd & $67.00/week $69.60/week Additional Child

• Additional Weeks $62.00/week $64.80/week

Youth Sports and Youth Range from $20.00 to Programs (per $80.00 child/session depending on the sport or program) Minor Baseball (per (all fees include 1 team t- (all fees include 1 team t- child/season): shirt) shirt) • Junior Grasshopper $20.00 $25.00 • Grasshopper $40.00 $45.00 • Mite $50.00 $55.00 • Squirt $50.00 $55.00 • Peewee $60.00 $70.00 • Bantam $60.00 $70.00 • Late Fee(after May 15th) No fee $10.00 (extra to each rate)

Community & Corporate Services - 2018 Proposed Changes to Certain Fees f...Page 69 of 102 Service Provided Current Fee Proposed Fee $3.00 per person/per drop-in (weekday) Pickle Ball $3.00 per person/drop-in $5.00 per person/per drop-in (Saturday)

The proposed changes to Schedule “A” are: ▪ to increase Day Camp fees; ▪ to provide a fee range for youth sports and programs; ▪ to increase Minor Baseball fees and introduce a late fee; and ▪ to add a Saturday fee for Pickleball.

No other changes are proposed to existing fees.

Schedule “E” - Infrastructure Services Department - Parks and Recreation Fees Strathcona Paper Centre – Current Fee Proposed Fee Lafarge Banquet Hall Sunday to Thursday $221.00 $225.00 Friday and Saturday $496.00 $506.00 Set Up (12pm set-up day $111.00 $113.00 before) Large Lounge $127.00 $130.00 Half Day or Less $72.00 $73.00 Small Lounge $94.00 $96.00 Half Day or Less $56.00 $57.00 Selby Hall Current Fee Proposed Fee Sunday – Thursday $165.00 $168.00 Friday and Saturday $331.00 $338.00 Set up and Tear Down $56.00 $57.00 South Fredericksburgh Hall Current Fee Proposed Fee Sunday – Thursday $157.00 $160.00 Friday/Saturday $315.00 $321.00 Set Up and Tear Down $53.00 $54.00 Meeting Room $63.00 $64.00

Community & Corporate Services - 2018 Proposed Changes to Certain Fees f...Page 70 of 102 Arena Rates (Hourly Rates) Fee for Service Prime Time Proposed (Weekdays from 4 pm and all Current Fee for Service Fee for Service day Saturday and Sunday) Adults (18+ years) $210.00 $214.00

Non-Prime Time

Adults (18+ years) $116.00 $118.00 Note: Arena rates include $2.00/hour ice resurfacer replacement surcharge and $10.00/hour ice user surcharge. Non-residents pay Prime Time rate regardless of time of day. Current Fee for Proposed Fee for Slab Rentals - Daily Service Service Dance/Bingo/Shows $831.00 $848.00 Set Up/Tear Down $315.00 $321.00 Power Panel $525.00 $536.00 Current Fee for Proposed Fee for Slab Rentals – Hourly Service Service Adults (18+ years) $73.00 $75.00

Item Current Fee Proposed Fee Recyling Bin $7.00 $8.50 Composter $45.00 No change

The proposed changes to the fees in Schedule “E” are: ▪ to increase hall rental rates; ▪ to increase ice rental rates for adults; ▪ to increase slab rental rates; ▪ to increase the fee for recycling bins; and ▪ to include the fee for composters in the by-law.

No other changes are proposed to existing fees.

Community & Corporate Services - 2018 Proposed Changes to Certain Fees f...Page 71 of 102 Schedule “F” – Emergency Services Department Fees Proposed Fee for Service Provided Current Fee for Service Service $450.00 for first hour per Responding to & providing $465.42 for first hour piece of equipment. vehicle fire extinguishment per piece of equipment. & extrication services to $225.00 for each owner/drivers who are additional hour or part $232.72 for each non-residents of the Town additional hour or part of Greater Napanee thereof per piece of equipment thereof per piece of (based on MTO rates) equipment

$465.42 for first hour Person(s) setting fires for $450.00 for first hour per the purpose of burning piece of equipment. per piece of grass, brush, rubbish or equipment. other such material or $225.00 for each burning in barrels or drums additional hour or part $232.72 for each may be charged when thereof per piece of additional hour or part Emergency Services is equipment plus current thereof per piece of required to respond and hourly wage of firefighters equipment plus current extinguish such fires. hourly wage of firefighters

$450.00 for first hour per $465.42 for first hour piece of equipment. per piece of Where there has been equipment. more than three (3) false $225.00 for each fire alarms/ faulty additional hour or part $232.72 for each equipment calls or more thereof per piece of additional hour or part than two (2) nuisance calls equipment plus current thereof per piece of in a twelve month period to hourly wage of firefighters equipment plus current the same address. hourly wage of firefighters Supply and Install a $30.00 $50.00 Combination Smoke/Carbon Monoxide Alarm Provide the service of $9.00/bottle Delete this service fee refilling scuba tanks (delete)

Community & Corporate Services - 2018 Proposed Changes to Certain Fees f...Page 72 of 102 The proposed changes to the fees in Schedule “F” are: ▪ to increase equipment rates for fire services to non-residents; ▪ to increase fire service equipment rates for false alarms; ▪ to increase fire service equipment rates for burning grass, brush, rubbish, etc. in drums or barrels; ▪ to increase the fee to supply and install a combination smoke/carbon monoxide alarm; and ▪ to delete the fee to refill scuba tanks.

No other changes are proposed to existing fees.

Public notice of a minimum of two weeks is required before these proposed fees can be adopted by by-law. Public notice will be provided in the Town’s weekly newspaper column, on the Town’s official web site and social media sites.

Community & Corporate Services - 2018 Proposed Changes to Certain Fees f...Page 73 of 102

Staff Report to Council

To: Mayor Schermerhorn and Members of Council

Date: April 10, 2018

Prepared By: Brianna Clement, Communications Intern

Presented By: Brianna Clement, Communications Intern Re: Community & Corporate Services - Internal and External Website Policies

Staff Recommendation: That Council receive for information the Community & Corporate Services - Internal and External Website Policies. And further that Council approve the Internal and External Website Policies.

Financial Implications: Upon review, there are no financial implications at this time.

Accessibility Implications: This report may be available in alternate format upon request.

Information Technology Implications: Upon review, there are no information technology implications.

Energy Management Implications: Upon review, there are no energy management implications.

Background Information: The Town of Greater Napanee’s updated website is a primary source of corporate information and services for citizens, staff, businesses, investors, visitors and other stakeholders. The website program comes with an advanced content management system which is used by Town staff. The Communications Intern has drafted the attached Internal and External Website Policies in order to manage the website

Community & Corporate Services - Internal and External Website Policies Page 74 of 102 effectively and consistently. These draft policies have been reviewed and approved by the Town’s Senior Management Team.

Discussion: It is essential that the Town’s website provides its audience with information that is accurate, up-to-date, visually pleasing, easy to read and easily accessible. The goal of the Internal and External Website Policies is to establish procedures, aid in content management and to provide staff with a consistent baseline for decisions about the website content.

Staff is recommending that Council adopt the Internal and External Website Policies as presented.

Once approved, the policies will be posted on the Town’s website at www.greaternapanee.com.

Community & Corporate Services - Internal and External Website Policies Page 75 of 102 Town of Greater Napanee

Internal Website Policy

Approved by the Senior Management Team: October 25, 2017

Section 1.0 - Summary The Town of Greater Napanee’s website is a primary source of corporate information and services for citizens, staff, businesses, investors, visitors and other stakeholders. It is essential that the Town’s website provides its audience with information that is accurate, up-to-date, visually pleasing, easy to read and easily accessible.

The Town’s website may also contain information that a reader should reasonably expect to find on a municipal government website, including, but not limited to: ▪ information from other levels of government; ▪ community groups which receive support from the Town; ▪ Town of Greater Napanee-based professional organizations; and ▪ service clubs.

All content (text and visual) on the Town’s website should contribute to a professional and unified corporate brand.

Section 2.0 - Definitions The following definitions apply to this policy in its entirety.

Content Management: the process of determining what information will be offered on the Town of Greater Napanee’s website. Content management includes, but is not limited to, the tasks associated with routine maintenance as defined under this policy.

Routine Maintenance: includes, but is not limited to, the following tasks:

▪ updating the calendar of events; ▪ updating website photographs; ▪ posting news items; ▪ posting material advertised by the Town; ▪ posting material as requested by various Department Heads; ▪ correcting posted information to ensure accuracy; ▪ verifying all hyperlinks are functioning; and ▪ monitoring website hits.

Community & Corporate Services - Internal and External Website Policies Page 76 of 102 Section 3.0 - Policy Objectives 3.1 This policy shall be made available to all Town staff.

3.2 The goal of the policy is to establish procedures, aid in content management and to provide staff with a baseline for decisions about the website.

Section 4.0 - Final Authority 4.1 Final administrative authority for all decisions pertaining to the Town’s website rests with the Town’s Senior Management Team.

4.2 Final policy direction for all decisions pertaining to the Town’s website rests with Town Council.

Section 5.0 - Website Objectives 5.1 The official website of the Town of Greater Napanee is committed to providing convenient, accurate, timely and efficient access to information about Town services, activities, policies and programs for residents, visitors and stakeholders.

Section 6.0 - Authority to Post Material 6.1 Editors: Town of Greater Napanee staff who received training on the new website have the authority to edit content on the Town’s website pages that pertain to his/her department. These staff members are known as “Editors”. It is the responsibility of the Editors to monitor their department’s pages to ensure they contain current and accurate information. All changes to website pages made by Editors must be approved and published by an Administrator.

6.2 Administrators: The Town of Greater Napanee has three staff members who serve as Administrators for the Town’s website. The Administrators have the same authority as the Editors, but also hold permission to add/delete pages, reformat pages, publish pages and upload videos and photos upon the request of other staff members (Editors) before any editing to a web page is made public. The Administrators are responsible for routine maintenance of all pages on the Town’s website and are authorized to carry out those activities defined as routine maintenance under this policy, as well as the removal, alteration and addition of information found on departmental pages when requested by the appropriate Department Head or designate.

If staff has issues with Town webpages from outside of their departments, they must report their suggested changes to the appropriate Department Head or designate. The Department Head of the relevant department will then decide if the suggested change or alteration is necessary, and request an Editor to edit the page in question.

Town of Greater Napanee Internal Website Policy April 2018 Page 2 of 3

Community & Corporate Services - Internal and External Website Policies Page 77 of 102 Section 7.0 - Content Management 7.1 To be posted, content on the Town’s website must meet the one or more of the following criteria: (i) The content provides public information about events, activities and services provided by, in association with or supported by the Town, a board and/or committee of the Town.

(ii) The content provides public information about events, activities and services provided by, in association with or supported by the County of Lennox & Addington that directly affect residents, visitors, and persons conducting business in the Town of Greater Napanee.

(iii) The content is deemed by Council to be of interest to the Town of Greater Napanee, its residents and/or visitors.

Section 8.0 - Content Review 8.1 Department Heads or Designates and Committees shall review all website material posted under their departmental sections at least semi-annually in March and September.

8.2 Department Heads or Designates and Committees may request that their departmental information be reviewed, amended or removed at any time throughout the year.

Section 9.0 - Website Analytics 9.1 The Administrators will review the Town of Greater Napanee’s website analytics semi-annually in March and September, and will provide the statistics in a report to the Senior Management Team and Council.

Town of Greater Napanee Internal Website Policy April 2018 Page 3 of 3

Community & Corporate Services - Internal and External Website Policies Page 78 of 102 Town of Greater Napanee

External Website Policy

Approved by the Senior Management Team: October 25, 2017

Section 1.0 - Summary The Town of Greater Napanee’s website is the primary source of corporate information and services for citizens, staff, businesses, investors, visitors and other stakeholders. It is essential that the Town’s website provide its audience with information that is accurate, up-to-date, visually pleasing, easy to read and easily accessible. The Town’s website may also contain information including, but not limited to, information from other orders of government, community groups which receive support from the Town, the Town of Greater Napanee-based professional organizations and service clubs. All content (text and visual) on the website should contribute to a professional and unified corporate brand.

Section 2.0 - Disclaimer/Terms of Use This policy applies to the Town of Greater Napanee’s corporate website, www.greaternapanee.com. Persons utilizing the Town’s official website accept and acknowledge this policy and agree to abide by the terms of use contained therein.

Section 3.0 - Accessibility The Town of Greater Napanee values the contributions and participation of all individuals in the life of the Town. To facilitate this involvement, the Town of Greater Napanee is committed to providing goods, information, services and programs that are accessible to all. The Town’s website has been designed to be W3C compliant and to meet the Province of Ontario’s Accessible Information and Communications Standard (Accessibility for Ontarians with Disabilities Act, 2005).

Section 4.0 - Accuracy of Information The Town of Greater Napanee makes every effort to ensure the accuracy and timeliness of the information provided, however information should be verified independently before being used or relied on by contacting the appropriate department. Material is provided as general information only and is not intended to provide specific legal advice for any individual and should not be relied upon in that regard.

Section 5.0 - Content Ownership Persons using the Town’s website acknowledge that content including, but not limited to, text, software, photographs, video, graphics or other material contained in the website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Community & Corporate Services - Internal and External Website Policies Page 79 of 102 Content, including code and software, available through the Town’s website may not be modified, copied, reproduced, published, uploaded, posted, transmitted or distributed in any way inconsistent with the intent of the material.

Section 6.0 - Use and Disclosure of Personal Information The information accessible on the Town of Greater Napanee’s website does not require users to identify themselves. The website does not automatically gather any specific personal information from the user, such as name, phone number or email address. This type of information is obtained only if the user supplies it.

The Town of Greater Napanee does not use or retain personal information that is provided by the user for any secondary purposes unless the user is clearly notified and has granted permission first.

The Town does have exceptions to this policy and may disclose personal information only in accordance with the Municipal Freedom of Information and Privacy Act.

Section 7.0 - Content Management Content on the Town’s website must meet one or more of the following criteria:

• Must provide public information about events, activities and services provided by or in association with the Town, a Board, and/or Committee of the Town, or supported by upper tier governments that directly affect residents, visitors, and persons conducting business in the Town of Greater Napanee. • Is deemed by Council to be of interest to the Town of Greater Napanee, its residents, and/or visitors.

Section 8.0 - External Links from The Town’s Website The Town welcomes links to its website; however, establishment of a link does not imply any sponsorship of that site by the Town of Greater Napanee. The Town is not responsible for any material stored on other websites, nor is it liable for any inaccurate, defamatory, offensive or illegal materials found on other websites, and that the risk of injury or damage from viewing, hearing, downloading or storing such materials rests entirely with the user.

The Town of Greater Napanee will consider posting external links on its website if the link is directed to the website from:

• An official government website (municipal, provincial, federal) or a government- funded agency or board. • Service clubs operating in the Town of Greater Napanee who perform service work that benefits Greater Napanee residents. • A charitable organization and operating within the Town of Greater Napanee.

Town of Greater Napanee External Website Policy April 2018 Page 2 of 5

Community & Corporate Services - Internal and External Website Policies Page 80 of 102 • A business improvement area. • A major community tourist attraction as determined solely by the Town of Greater Napanee. • A professional association as determined solely by the Town of Greater Napanee.

Section 9.0 - Policy Enforcement All sites will be reviewed to ensure they are in keeping with the above criteria. Enforcement of this linking policy and the decision on whether to add, remove or deny an external link on the Town’s website will be made by the Administrators of the Town of Greater Napanee’s website, in consultation with the Chief Administrative Officer if required.

Section 10.0 - Community Calendar Postings Town of Greater Napanee staff will post information regarding activities, programs, meetings, events and festivals organized by the Town on its website calendar. The Town reserves the right to post any additional events to its website calendar it deems to be in the community interest.

Section 11.0 - Criteria for Publishing Events Submitted by the Public Members of the public may submit event information to the Town’s website calendar if that event is open to the public, occurs within the geographic boundaries of the Town of Greater Napanee and meets one of the following criteria:

• Organized or funded by another level of government or by a government-funded agency or board. • Organized by a Town of Greater Napanee committee. • Funded in full, or in part, by the Town of Greater Napanee. • Sponsored by the Town of Greater Napanee. • Organized by a charitable organization and operating within the Town of Greater Napanee. • Organized by a service club operating within the Town of Greater Napanee performing work that benefits Greater Napanee residents. • Organized by the Napanee Business Improvement Area (BIA). • Located in a facility owned by the Town of Greater Napanee.

The Town will make exceptions for some events that are held outside of the Greater Napanee boundary if it is felt that the event will benefit the Greater Napanee community or the event is hosted by a group of residents whom live within the Town of Greater Napanee.

Town of Greater Napanee External Website Policy April 2018 Page 3 of 5

Community & Corporate Services - Internal and External Website Policies Page 81 of 102 Public events will not be published on the Town’s website calendar if they:

• Are commercial in nature and, in the Town’s opinion, are attempting to advertise, promote or sell products or services of an individual or an individual business. • Promote, exhibit, illustrate or manifest hate or obscene/pornographic/sexual content of any kind. • Do not comply with municipal, provincial or federal legislation. • Try to recruit individuals to join a specific religion or political party.

11.1 Submitting an Event Requests from the public to add an event to the Town’s website calendar must be submitted directly through the calendar itself. To be considered for publication, submission must be accompanied by the name and contact information of an individual from the event organizing committee, location and time of the event, a brief description of the event and logo (if available) or photo that represents the event. Anonymous postings of events will not be published.

11.2 Policy Enforcement All events submitted by a member of the public for publication on the Town’s events calendar will be reviewed by Town staff to ensure that the event is in keeping with the above criteria. Decisions on whether to add, remove or deny the posting of an event to the Town’s events calendar will be made by the Town’s website Administrators, in consultation with the Chief Administration Officer.

11.3 Disclaimer The Town of Greater Napanee does not endorse or make any representation or warranty, expressed or implied, concerning the accuracy, quality or reliability of information posted on its events calendar that has been submitted by a member of the public.

Section 12.0 - Advertising Commercial advertisements will be permitted on the Town’s website at the discretion of the Chief Administrative Officer.

Section 13.0 - Photos The Town of Greater Napanee reserves the right to use photos from any public events, festivals, meetings or any other public function within the Town of Greater Napanee on the Town’s website that does not reveal the identity of the person(s) in the photo (i.e. crowds where faces are hard to make out, photos with people’s backs to the camera, etc.). In a case where the person(s) are identifiable in the photo, the Town of Greater Napanee photo release form must be obtained and signed for all images that will be posted on the Town’s website or social media.

Town of Greater Napanee External Website Policy April 2018 Page 4 of 5

Community & Corporate Services - Internal and External Website Policies Page 82 of 102 Section 14.0 - Business Directory Objectives The objective of the Town of Greater Napanee’s online business directory is to promote local businesses within the Town of Greater Napanee at no charge to the businesses. The business directory is intended to emphasize the economic diversity of the Town of Greater Napanee. Final authority of all matters relating to the directory rests with the General Manager of Community and Corporate Services or delegate.

14.1 Criteria for Listing a Business To qualify for listing on the directory, a business must be located within the geographic boundaries of the Town of Greater Napanee.

14.2 Meeting the Criteria Businesses that meet the listing criteria are eligible to display their information on one page of the directory.

14.3 Directory Content Management It is the responsibility of the business owner or manager to register their business’ information in the Town’s business directory. It is also the responsibility of the business owner or manager to notify the Town if they no longer want to be listed or if there is a change to their business’ name, address, or other contact information. The business directory will be looked at twice a year (March and September) to ensure that the directory is up-to-date.

14.4 External Links from Business Directory Listings External links located on business directory page must connect directly to the official business’s website.

Town of Greater Napanee External Website Policy April 2018 Page 5 of 5

Community & Corporate Services - Internal and External Website Policies Page 83 of 102

Staff Report to Council

To: Mayor Schermerhorn and Members of Council

Date: April 10, 2018

Prepared By: Susan Beckel, Clerk

Presented By: Susan Beckel, Clerk

Re: Community & Corporate Services - Joint Compliance Audit Committee Terms of Reference

Staff Recommendation: That Council receive for information the Community & Corporate Services – Joint Compliance Audit Committee Terms of Reference report; And further that the Draft Terms of Reference attached as Schedule ‘A’ for the Joint Compliance Audit Committee be adopted; And that a further report be brought forward once the applications have been received in order that Council may appoint the representatives to the Joint Compliance Audit Committee.

Financial Implications A retainer of $150/committee member for the 4-year term shared among the 4 participating municipalities and a per diem rate of $100 be paid to Committee members along with applicable mileage at the Council-approved rate.

Accessibility Implications The report is available in alternate format upon request.

Information Technology Implications Upon review, there are no information technology implications.

Energy Management Implications Upon review, there are no energy management implications. Background Information Section 88.37(1) of the Municipal Elections Act, 1996 (hereinafter the Act) requires that a council or local board shall establish a compliance audit committee before October 1 of an election year for the purposes of this Act.

Joint Compliance Audit Committee Terms of Reference Page 1 of 15

Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 84 of 102

The committee will consider applications requesting audits of both candidate and registered 3rd party advertisers’ campaign finances. The committee may be required to appoint auditors and determine if legal proceedings are required as a result of an auditor’s report.

Discussion The complexity of the financial accounting rules relating to election campaigns requires the members appointed to have a good understanding of audit requirements and knowledge of the campaign finance regulations. As it may be difficult for small municipalities to find a sufficient number of qualified members, the County’s Clerks are working together to appoint a Joint Compliance Audit Committee as has been done since the 2010 municipal election.

Terms of reference for the Committee have been prepared.

The mandate for the Committee is outlined in Section 88 of the Act. The term of the Committee will be concurrent with the term of Council (2018-2022). While compliance audit requests relating to the 2018 election must be submitted by July 2, 2019, a by- election could result in the need for the Committee to convene again during the term of Council.

In recruiting for qualified members, the following list of qualifications would be preferable: (i) have an understanding of municipal campaign finance provisions; (ii) demonstrate analytical decision-making and excellent communication skills; (iii) have experience working with or as a member of a municipal committee, board, task force and/or a quasi-judicial body; and (iv) have flexibility to attend day time and evening meetings.

Applicants with a background in accounting, auditing, law, election administration, and/or public administration are preferred. Applicants for this JCAC shall not be: (i) candidates in the 2018 municipal election for any of the four municipalities; (ii) members of the Councils or local boards of any of the four municipalities; (iii) employees of any of the four municipalities; or (iv) any persons who are registered third parties in the 2018 municipal election for any of the four municipalities. In an effort to reduce advertising costs, the four municipalities will advertise jointly. The Clerks’ working group will review all applications to determine that the qualifications are met and then each Clerk will bring forward the qualified applicants to his/her respective Council for appointment to the Committee.

A detailed Terms of Reference for the Joint Compliance Audit Committee is included as Attachment 1.

Joint Compliance Audit Committee Terms of Reference Page 2 of 15

Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 85 of 102

Town of Greater Napanee 2018 Municipal Election Joint Compliance Audit Committee Terms of Reference 1. Name The name of the Committee is the “Joint Compliance Audit Committee” consisting of the following municipalities: ▪ Township of Addington Highlands ▪ Township of Stone Mills ▪ Town of Greater Napanee ▪ Loyalist Township 2. Duration: The term of office is from December 1, 2018 to November 14, 2022 to deal with applications from the 2018 election and any by-elections during Council’s term.

3. Mandate The powers and functions of the Committee are set out in Sections 88.33 and 88.34 of the Municipal Elections Act, 1996 (Appendix “A”). The Committee will perform the functions relating to the compliance audit application process as outlined in the Act. These functions include:

Candidate Contravention

a. within 30 days receipt of a compliance audit application by an elector, consider the application and decide whether it should be granted or rejected; b. give to the Candidate, the Clerk and the Applicant the decision of the Committee to grant or reject the application, and brief written reasons for the decision; c. if the application is granted, appoint a licensed auditor to conduct a compliance audit of the Candidate’s election campaign finances; d. receive the Auditor's Report from the Clerk; e. within 30 days receipt of the Auditor’s Report, consider the report; f. if the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, decide whether to commence legal proceedings against the candidate for the apparent contravention; g. after reviewing the report, give to the Candidate, the Clerk and the Applicant the decision of the Committee, and brief written reasons for the decision.

Joint Compliance Audit Committee Terms of Reference Page 3 of 15

Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 86 of 102 Candidate Contributor Contravention

a. within 30 days receipt of a report identifying each contributor to a candidate for office on a council who appears to have contravened any of the contribution limits, consider the report and decide whether to commence a legal proceeding against the contributor for an apparent contravention. b. after reviewing the report, give to the Contributor and the Clerk the decision of the Committee, and brief written reasons for the decision.

Registered Third Party Contravention

a. within 30 days receipt of a compliance audit application by an elector, consider the application and decide whether it should be granted or rejected; b. give to the Candidate, the Clerk and the Applicant the decision of the Committee to grant or reject the application, and brief written reasons for the decision; c. if the application is granted, appoint a licensed auditor to conduct a compliance audit of the Registered Third Party’s campaign finances; d. receive the Auditor's Report from the Clerk; e. within 30 days receipt of the Auditor’s Report, consider the report; f. if the report concludes that the Registered Third Party appears to have contravened a provision of the Act relating to campaign finances, decide whether to commence legal proceedings against the Registered Third Party for the apparent contravention; g. after reviewing the report, give to the Registered Third Party, the Clerk and the Applicant the decision of the Committee, and brief written reasons for the decision.

Registered Third Party Contributor Contravention

a. within 30 days receipt of the report, consider the report; b. if the report concludes that the Contributor appears to have contravened a provision of the Act relating to campaign finances, decide whether to commence legal proceedings against the Contributor for the apparent contravention; c. after reviewing the report, give to the Contributor and the Clerk the decision of the Committee, and brief written reasons for the decision.

Auditor Selection

If the committee decides to grant the application, it shall appoint an auditor licensed under the Public Accounting Act, 2004 to conduct a compliance audit of the Candidate’s election campaign finances.

The selection process will be coordinated through the Clerk of the respective municipality.

Joint Compliance Audit Committee Terms of Reference Page 4 of 15

Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 87 of 102 4. Membership The Committee shall be composed of three (3) voting members, with three (3) alternate members that would assume all the rights and privileges of a voting member if called upon. Alternate members shall be ranked and will be called upon to replace a voting member that has resigned from the Committee.

Membership will be drawn from the following groups: a. accounting and audit - accountants or auditors with experience in preparing or auditing the Financial Statements of municipal candidates and registered third parties; b. legal; c. professionals who, in the course of their duties, are required to adhere to codes or standards of their profession which may be enforced by disciplinary tribunals; and/or d. other individuals with knowledge of the campaign financing rules of the Municipal Elections Act, 1996.

Municipal employees or officers of the municipality, members of Council or local Board, any Candidates or any persons who are Registered Third Parties in the 2018 municipal election, or in any by-election during the term of Council for any member municipality, are ineligible to be appointed as a member of the Committee pursuant to subsection 88.37 (2) of the of the Municipal Elections Act, 1996.

Members will be required to participate in an orientation session as a condition of appointment.

5. Membership Selection The terms of reference and application form will be posted, as a minimum, on the municipal websites of the member municipalities. In addition, public notice seeking applicants will be placed in local newspaper(s) and posted on municipal social media sites. Staff may also contact and solicit those individuals as set out under section 4 of the Terms of Reference.

All applicants will be required to complete an application form outlining their qualifications and experience. Staff may interview applicants who meet the selection criteria and prepare a short list of three voting members and three alternate members. Recommended candidates will be submitted to the Council of each member municipality for consideration. Members will be selected based on the following: a. demonstrated knowledge and understanding of municipal election financing rules; b. proven analytical and decision-making skills; c. experience working on a committee, task force or similar setting; d. availability and willingness to attend meetings; and e. excellent oral and written communication skills.

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Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 88 of 102 Any members appointed must also agree in writing that they will not be a candidate or an individual who is a Registered Third Party in the current municipal election or in any by-election during the term of Council for any member municipality. Failure to adhere to this requirement will result in the individual being removed from the Committee.

6. Conflict of Interest The principles of the Municipal Conflict of Interest Act, apply to this Committee. Failure to adhere to this requirement will result in the individual being removed from the Committee.

To avoid a conflict, any person appointed to the Committee must agree in writing not to prepare or audit the election Financial Statements of any candidate or registered third party for any of the member municipalities in the current municipal election. Failure to adhere to this requirement will result in the individual being removed from the Committee.

7. Chair The Committee will select a Chair from amongst its members at its first meeting when a compliance audit application is received.

The Chair is the liaison between the members and the Secretary of the Committee on matters of policy and process.

The Chair shall enforce the observance of order and decorum among the Committee members and the public at all meetings.

When the Chair is absent, the Committee may appoint another member as Acting Chair. While presiding, the Acting Chair shall have all the powers of the Chair.

8. Staffing and Funding The Clerk from the applicable member municipality shall act as Secretary to the Committee.

The member municipality requiring the services of the Committee shall be responsible for all associated expenses, including the auditor’s costs.

Committee Member Remuneration - $150 per diem per meeting, plus current per kilometer travel rate of the applicable member municipality. 9. Meetings All meetings of the Committee shall be open to the public.

Timing of Meetings Meetings shall be called by the Clerk of the member municipality when required. The date and time of the meeting will be determined by the Clerk and communicated directly to the Committee members. Subsequent meetings will be held at the call of the Chair in consultation with the Clerk.

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Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 89 of 102 Committee activity shall be determined primarily by the number and complexity of applications for compliance audits that may be received. The frequency and duration of meetings will be determined by the Committee in consultation with the Clerk.

Meeting Location The Committee shall meet at the location determined by the member municipality.

Meeting Notices, Agendas & Minutes The agenda shall constitute notice. The Clerk of the member municipality requiring the services of the Committee shall cause notice of the meetings to be provided: • to members of the Committee, Candidate, and the Public for a meeting regarding an application by an elector; • to members of the Committee, Contributor, Candidate and the Public for a meeting regarding a Candidate Contributor Contravention report; • to members of the Committee, Contributor, Registered Third Party and the public for a meeting regarding a Registered Third Party Contributor Contravention.

A minimum of two (2) business days prior to the date of each meeting, not including weekends or holidays. The agendas and minutes of meetings shall be posted on the member municipality’s website.

Minutes of each meeting shall outline the general deliberations and specific actions and recommendations that result.

Agenda Format 1. Call to Order 2. Disclosure of Pecuniary Interest and General Nature Thereof 3. Consideration of Compliance Audit Application, Clerk’s Report or Auditor’s Report 4. Adjournment

Quorum Quorum for meetings shall consist of a majority of the members of the Committee. If no quorum is present thirty (30) minutes after the time appointed for a meeting, the Clerk shall record the names of the members present and the meeting shall stand adjourned until the date of the next meeting.

Meeting Attendance Any member of the Committee who misses three (3) consecutive meetings without being excused by the Committee, may be removed from the Committee. The Committee must make recommendations by a report to Council for the removal of any member.

Motions & Voting A motion shall need to be formally moved before the Chair can put the question or a motion can be recorded in the minutes.

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Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 90 of 102 A motion shall be reduced to writing and shall be signed by the Chair and Secretary.

Every member present shall be deemed to vote against the motion if they decline or abstain from voting, unless disqualified from voting by reason of a declared pecuniary interest.

In the case of a tie vote, the motion shall be considered to have been lost.

The manner of determining the vote on a motion shall be by show of hands.

The Chair shall announce the result of every vote.

10. Administrative Practices and Procedures The Terms of Reference constitute the Administrative Practices and Procedures of the Committee. Any responsibilities not clearly identified within these Terms of Reference shall be in accordance with Section 88.33 to 88.37 of the Municipal Elections Act, 1996.

The Clerk at any time has the right to develop additional administrative practices and procedures.

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Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 91 of 102 APPENDIX “A”

Municipal Elections Act, 1996 S.O. 1996, c. 32 (for reference only)

Compliance Audits and Reviews of Contributions

Compliance audit of candidates’ campaign finances Application by elector

88.33 (1) An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate’s election campaign finances, even if the candidate has not filed a financial statement under section 88.25. 2016, c. 15, s. 63.

Requirements (2) An application for a compliance audit shall be made to the Clerk of the municipality or the secretary of the local Board for which the candidate was nominated for office, and it shall be in writing and shall set out the reasons for the elector’s belief. 2016, c. 15, s. 63.

Deadline for applications (3) The application must be made within 90 days after the latest of the following dates: 1. The filing date under section 88.30. 2. The date the candidate filed a Financial Statement, if the statement was filed within 30 days after the applicable filing date under section 88.30. 3. The candidate’s supplementary filing date, if any, under section 88.30. 4. The date on which the candidate’s extension, if any, under subsection 88.23 (6) expires. 2016, c. 15, s. 63.

Compliance audit committee (4) Within 10 days after receiving the application, the Clerk of the municipality or the secretary of the local Board, as the case may be, shall forward the application to the compliance audit committee. 2016, c. 15, s. 63.

Procedural matters (5) The meetings of the committee under this section shall be open to the public and reasonable notice shall be given to the candidate, the applicant and the public. 2016, c. 15, s. 63.

Same (6) Subsection (5) applies despite sections 207 and 208.1 of the Education Act. 2016, c. 15, s. 63.

Decision of committee (7) Within 30 days after the committee has received the application, the committee shall consider the application and decide whether it should be granted or rejected. 2016, c. 15, s. 63.

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Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 92 of 102 Same (8) The decision of the committee to grant or reject the application, and brief written reasons for the decision, shall be given to the candidate, the Clerk with whom the candidate filed his or her nomination, the secretary of the local Board, if applicable, and the applicant. 2016, c. 15, s. 63.

Appeal (9) The decision of the committee under subsection (7) may be appealed to the Superior Court of Justice within 15 days after the decision is made, and the court may make any decision the committee could have made. 2016, c. 15, s. 63.

Appointment of auditor (10) If the committee decides under subsection (7) to grant the application, it shall appoint an auditor to conduct a compliance audit of the candidate’s election campaign finances. 2016, c. 15, s. 63.

Same (11) Only auditors licensed under the Public Accounting Act, 2004 or prescribed persons are eligible to be appointed under subsection (10). 2016, c. 15, s. 63.

Duty of auditor (12) The auditor shall promptly conduct an audit of the candidate’s election campaign finances to determine whether he or she has complied with the provisions of this Act relating to election campaign finances and shall prepare a report outlining any apparent contravention by the candidate. 2016, c. 15, s. 63.

Who receives report (13) The auditor shall submit the report to the candidate, the Clerk with whom the candidate filed his or her nomination, the secretary of the local Board, if applicable, and the applicant. 2016, c. 15, s. 63.

Report to be forwarded to committee (14) Within 10 days after receiving the report, the Clerk of the municipality or the secretary of the local Board shall forward the report to the compliance audit committee. 2016, c. 15, s. 63.

Powers of auditor (15) For the purpose of the audit, the auditor, (a) is entitled to have access, at all reasonable hours, to all relevant books, papers, documents or things possessions? items? of the candidate and of the municipality or local Board; and (b) has the powers set out in section 33 of the Public Inquiries Act, 2009 and section 33 applies to the audit. 2016, c. 15, s. 63.

Costs (16) The municipality or local Board shall pay the auditor’s costs of performing the audit. 2016, c. 15, s. 63.

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Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 93 of 102 Decision (17) The committee shall consider the report within 30 days after receiving it and, if the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, the committee shall decide whether to commence a legal proceeding against the candidate for the apparent contravention. 2016, c. 15, s. 63.

Notice of decision, reasons (18) The decision of the committee under subsection (17), and brief written reasons for the decision, shall be given to the candidate, the Clerk with whom the candidate filed his or her nomination, the secretary of the local board, if applicable, and the applicant. 2016, c. 15, s. 63.

Immunity (19) No action or other proceeding for damages shall be instituted against an auditor appointed under subsection (10) for any act done in good faith in the execution or intended execution of the audit or for any alleged neglect or default in its execution in good faith. 2016, c. 15, s. 63.

Saving provision (20) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to election campaign finances. 2016, c. 15, s. 63.

88.34 (1) The Clerk shall review the contributions reported on the Financial Statements submitted by a candidate under section 88.25 to determine whether any contributor appears to have exceeded any of the contribution limits under section 88.9. 2016, c. 15, s. 64.

Report, contributions to candidates for Council (2) As soon as possible following the day that is 30 days after the filing date or supplementary filing date, as the case may be, under section 88.30, the Clerk shall prepare a report identifying each contributor to a candidate for office on a Council who appears to have contravened any of the contribution limits under section 88.9 and, (a) if the contributor’s total contributions to a candidate for office on a council appear to exceed the limit under section 88.9, the report shall set out the contributions made by that contributor to the candidate; and (b) if the contributor’s total contributions to two or more candidates for office on the same Council appear to exceed the limit under section 88.9, the report shall set out the contributions made by that contributor to all candidates for office on the same council. 2016, c. 15, s. 64.

Same (3) The Clerk shall prepare a separate report under subsection (2) in respect of each contributor who appears to have contravened any of the contribution limits under section 88.9. 2016, c. 15, s. 64.

Same (4) The Clerk shall forward each report prepared under subsection (2) to the compliance audit committee. 2016, c. 15, s. 64.

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Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 94 of 102 Report, contributions to candidates for a local Board (5) As soon as possible following the day that is 30 days after the filing date or supplementary filing date, as the case may be, under section 88.30, the Clerk shall prepare a report identifying each contributor to a candidate for office on a local Board who appears to have contravened any of the contribution limits under section 88.9 and, (a) if the contributor’s total contributions to a candidate for office on a local board appear to exceed the limit under section 88.9, the report shall set out the contributions made by that contributor to the candidate; and (b) if the contributor’s total contributions to two or more candidates for office on the same local Board appear to exceed the limit under section 88.9, the report shall set out the contributions made by that contributor to all candidates for office on the same local Board. 2016, c. 15, s. 64.

Same (6) The Clerk shall prepare a separate report under subsection (5) in respect of each contributor who appears to have contravened any of the contribution limits under section 88.9. 2016, c. 15, s. 64.

Same (7) The Clerk shall forward each report prepared under subsection (5) to the secretary of the local Board for which the candidate was nominated for office and, within 10 days after receiving the report, the secretary of the local board shall forward it to the compliance audit committee. 2016, c. 15, s. 64.

Decision of compliance audit committee (8) Within 30 days after receiving a report under subsection (4) or (7), the compliance audit committee shall consider it and decide whether to commence a legal proceeding against a contributor for an apparent contravention. 2016, c. 15, s. 64.

Procedural matters (9) The meetings of the committee under subsection (8) shall be open to the public, and reasonable notice shall be given to the contributor, the applicable candidate and the public. 2016, c. 15, s. 64.

Same (10) Subsection (9) applies despite sections 207 and 208.1 of the Education Act. 2016, c. 15, s. 64.

Notice of decision, reasons (11) The decision of the committee under subsection (8), and brief written reasons for the decision, shall be given to the contributor and to the Clerk of the municipality or the secretary of the local board, as the case may be. 2016, c. 15, s. 64.

Saving provision (12) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to contribution limits. 2016, c. 15, s. 64.

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Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 95 of 102 Compliance audit of registered third parties Application by elector 88.35 (1) An elector who is entitled to vote in an election in a municipality, and believes on reasonable grounds that a registered third party who is registered in relation to the election in the municipality has contravened a provision of this Act relating to campaign finances, may apply for a compliance audit of the campaign finances of the registered third party in relation to third party advertisements, even if the registered third party has not filed a financial statement under section 88.29. 2016, c. 15, s. 65.

Requirements (2) An application for a compliance audit shall be made to the Clerk of the municipality in which the registered third party was registered, and it shall be made in writing and shall set out the reasons for the elector’s belief. 2016, c. 15, s. 65.

Deadline (3) The application must be made within 90 days after the latest of the following dates: 1. The filing date under section 88.30. 2. The date the registered third party filed a financial statement, if the statement was filed within 30 days after the applicable filing date under section 88.30. 3. The supplementary filing date, if any, for the registered third party under section 88.30. 4. The date on which the registered third party’s extension, if any, under subsection 88.27 (3) expires. 2016, c. 15, s. 65.

Application of s. 88.33 (4) to (20) (4) Subsections 88.33 (4) to (20) apply to a compliance audit under this section, with the following modifications: 1. A reference to a candidate shall be read as a reference to the registered third party. 2. A reference to the Clerk with whom the candidate filed his or her nomination shall be read as a reference to the Clerk of the municipality in which the registered third party is registered. 3. A reference to election campaign finances shall be read as a reference to the campaign finances of the registered third party in relation to third party advertisements that appear during an election in the municipality. 2016, c. 15, s. 65.

Review of contributions to registered third parties 88.36 (1) The Clerk shall review the contributions reported on the financial statements submitted by a registered third party under section 88.29 to determine whether any contributor appears to have exceeded any of the contribution limits under section 88.13. 2016, c. 15, s. 65.

Report by the Clerk (2) As soon as possible following the day that is 30 days after the filing date or supplementary filing date, as the case may be, under section 88.30 for a registered third party, the Clerk shall prepare a report identifying each contributor to the registered third party who appears to have contravened any of the contribution limits under section 88.13 and, (a) if the contributor’s total contributions to a registered third party that is registered in the municipality appear to exceed the limit under section 88.13, the report shall set out the

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Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 96 of 102 contributions made by that contributor to the registered third party in relation to third party advertisements; and (b) if the contributor’s total contributions to two or more registered third parties that are registered in the municipality appear to exceed the limit under section 88.13, the report shall set out the contributions made by that contributor to all registered third parties in the municipality in relation to third party advertisements. 2016, c. 15, s. 65.

Same (4) The Clerk shall forward each report prepared under subsection (2) to the compliance audit committee. 2016, c. 15, s. 65.

Decision of compliance audit committee (5) Within 30 days after receiving a report under subsection (4), the compliance audit committee shall consider it and decide whether to commence a legal proceeding against a contributor for an apparent contravention. 2016, c. 15, s. 65. Procedural matters (6) The meetings of the committee under subsection (5) shall be open to the public, and reasonable notice shall be given to the contributor, the registered third party and the public. 2016, c. 15, s. 65.

Notice of decision, reasons (7) The decision of the committee under subsection (5), and brief written reasons for the decision, shall be given to the contributor and to the Clerk of the municipality. 2016, c. 15, s. 65.

Saving provision (8) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to contribution limits. 2016, c. 15, s. 65.

Compliance audit committee 88.37 (1) A Council or local Board shall establish a compliance audit committee before October 1 of an election year for the purposes of this Act. 2016, c. 15, s. 66.

Composition (2) The committee shall be composed of not fewer than three and not more than seven members and shall not include, (a) employees or officers of the municipality or local Board; (b) members of the Council or local Board; (c) any persons who are candidates in the election for which the committee is established; or (d) any persons who are registered third parties in the municipality in the election for which the committee is established. 2016, c. 15, s. 66.

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Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 97 of 102 Eligibility for appointment (3) A person who has such qualifications and satisfies such eligibility requirements, as may be prescribed, is eligible for appointment to the committee. 2016, c. 15, s. 66.

Same (4) In appointing persons to the committee, the Council or local Board shall have regard to the prescribed eligibility criteria. 2016, c. 15, s. 66.

Term of office (5) The term of office of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed. 2016, c. 15, s. 66.

Role of Clerk or secretary (6) The Clerk of the municipality or the secretary of the local Board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under this Act to implement the committee’s decisions. 2016, c. 15, s. 66.

Costs (7) The Council or local Board, as the case may be, shall pay all costs in relation to the committee’s operation and activities. 2016, c. 15, s. 66.

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Community & Corporate Services - Compliance Audit Committee Terms of Ref...Page 98 of 102 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW No. 2018-0020

A BY-LAW TO PROVIDE THAT SUBSECTION 50(5) OF THE PLANNING ACT, R.S.O. 1990, CHAPTER P.13 AS AMENDED DOES NOT APPLY TO CERTAIN LANDS WITHIN THE TOWN OF GREATER NAPANEE.

WHEREAS Section 50(5) of the Planning Act (R.S.O. 1990, c.P. 13 as amended) provides that no owner shall convey part of any lot within a Plan of Subdivision registered before or after the coming into force of Section 50(5);

AND WHEREAS Section 50(7) of the Planning Act (R.S.O. 1990, c.P. 13 as amended), provides that the Council of the Municipality may, by by-law, provide that Section 50(5) does not apply to the land that is within a registered plan or plans of subdivision or parts thereof;

AND WHEREAS TURGAL (1988) INC. has requested an exemption from Part Lot Control for Lot 42, Registered Plan 29M-6 being along Kanvers Way, as shown on Registered Plan 29M-6;

AND WHEREAS approval of this by-law under Section 50(7.1) of the Planning act is not required because Council is authorized to approve plans of subdivision under Section 51 of the Planning Act;

NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows: 1. Subsection (5) of Section 50 of the Planning Act R.S.O. 1990, c.P. 13 as amended, does not apply to Lot 42 of Registered Plan 29M-6, on the condition that no person shall convey a part of any such lot by way of a deed, or transfer, or grant, assign or exercise a power of appointment in respect of a part of any such lot, or mortgage or charge a part of any such lot, or enter into an agreement of sale and purchase of a part of any such lot, or enter into any agreement that has the effect of granting the use of or right in a part of any such lot directly or by entitlement to renewal for a period of twenty-one years or more unless the description of the lands that includes such part in the conveyance, transfer, grant, assignment or exercise of power of appointment is the same as one of the approved descriptions set out on Schedule "A" to this by-law and which forms a part hereof.

2. This By-law shall come into force and take effect upon its passing.

3. This By-law shall lapse at the end of sixty five (65) calendar days from the date of adoption of this By-law.

By-law No. 2018-0020 - To provide that Subsection 50(5) of The Planning ... Page 99 of 102 Read a first time this 10th day of April, 2018.

Read a second time and finally passed this 10th day of April, 2018.

The Corporation of the Town of Greater Napanee

______Gordon Schermerhorn – Mayor

______Susan Beckel – Clerk

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By-law No. 2018-0020 - To provide that Subsection 50(5) of The Planning ... Page 100 of 102

SCHEDULE ‘A’

TO BY-LAW NO. 2018-0020

Legal Description

REGISTERED PLAN 29M-6 SURVEY PLAN AND APPROVED DESCRIPTION DESCRIPTION Part of Lot 42, of Part 1, of 29R-10509 Registered Plan 29M-6

Part of Lot 42, of Part 2, of 29R-10509 Registered Plan 29M-6

The Corporation of the Town of Greater Napanee By-law No. 2018-0020 Page 3 of 3

By-law No. 2018-0020 - To provide that Subsection 50(5) of The Planning ... Page 101 of 102 The Corporation of the Town of Greater Napanee By-law No. 2018-0021

A By-Law to Confirm the Proceedings of the Council of The Corporation of the Town of Greater Napanee at a Regular Council Meeting Held April 10, 2018

WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the “Municipal Act, 2001”), gives Council the authority to exercise the powers of the municipal corporation and requires that the powers of every Council are to be exercised by by-law;

AND WHEREAS Council has passed By-law No. 2008-58, being a By-law to Govern the Calling, Place and Proceedings of Council and Committees of Council and the Conduct of its Members;

AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Greater Napanee at this meeting be confirmed and adopted by by-law;

NOW THEREFORE the Council of The Corporation of the Town of Greater Napanee enacts as follows:

1. That the actions of the Council of The Corporation of the Town of Greater Napanee, at a Regular Council Meeting held on April 10, 2018 in respect of each motion and resolution passed and other actions taken by the Council of the Town of Greater Napanee at this meeting, are hereby adopted and confirmed, as if all such proceedings were expressly embodied in this by-law.

2. That the proper officials of the Town of Greater Napanee are hereby authorized and directed to do all things necessary to give effect to the actions of the Council of The Corporation of the Town of Greater Napanee, referred to in the preceding section.

3. That the Mayor, or in the absence of the Mayor, the Deputy Mayor and the Clerk, or in the absence of the Clerk, the Deputy Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Greater Napanee.

4. That this by-law shall come into force and take effect on the date it is finally passed.

Read a first and second time and finally passed this 10th day of April 2018.

______Mayor, Gordon Schermerhorn Susan Beckel, Clerk

A By-law to Confirm the Proceedings of the Council of the Corporation of... Page 102 of 102