AGENDA Corporation of the Town of Kirkland Lake Regular Meeting of Council Electronically via Zoom June 1, 2021 4:40 p.m.
1. Call to Order and Moment of Silence
2. Approval of the Agenda
BE IT RESOLVED THAT the Agenda for the Regular Meeting of Council held on June 1, 2021 beginning at 4:40 p.m. be approved as circulated to all Members of Council.
3. Declaration of Pecuniary Interest
4. Petitions and Delegations
4.1 Laurentian University Cuts Allan Default
BE IT RESOLVED THAT the delegation from Allan Default be received.
4.2 Nettie Lake Kathy Whelan and Brian Coghlan
BE IT RESOLVED THAT the delegation from Kathy Whelan and Brian Coghlan be received.
5. Acceptance of Minutes and Recommendations
BE IT RESOLVED THAT Council approve the minutes of the following meetings: Minutes of the Regular Meeting of Council held May 18, 2021, and THAT Council accept the minutes of the following committee meetings: Minutes of the TPR Committee of Management meeting held November 23, 2020 Minutes of the Museum Advisory Committee meeting held February 24, 2021 Minutes of the TPR Committee of Management meeting held March 1, 2021
6. Reports of Municipal Officers and Communications
6.1 Verbal COVID-19 Update Bonnie Sackrider, Director of Community Services
BE IT RESOLVED THAT the verbal COVID-19 update be received.
Regular Meeting of Council June 1, 2021
6.2 Proposed 2021 Budget Don Studholme, Interim CAO
BE IT RESOLVED THAT Memorandum Number 2021-CAO-013M entitled “2021 Budget” be received, and
THAT staff be directed to continue to make changes and bring the final document to a Special Meeting of Council on June 8, 2021 for review before the final passing at the June 15, 2021 Regular Meeting of Council.
6.3 ONR Passenger Train Service Don Studholme, Interim CAO
BE IT RESOLVED THAT Memorandum Number 2021-CAO-009M entitled “ONR Passenger Train Service” be received, and
THAT staff be directed to forward to the ONR a list of issues around the train not stopping in Kirkland Lake to pick up or drop off passengers.
6.4 2021 AMO Delegation Requests Meagan Elliott, Clerk
BE IT RESOLVED THAT Memorandum Number 2021-CLK-016M entitled “2021 AMO Delegation Requests” be received, and
THAT staff be directed to submit a request for delegations on the following topics:
(to be decided by Council)
6.5 Municipal Accommodation Tax Wilf Hass, Director of Economic Development
BE IT RESOLVED THAT Report Number 2021-DEV-022 entitled “Municipal Accommodation Tax” be received, and
THAT staff be directed to begin the process of implementing the Municipal Accommodations Tax as per the process outlined in this report, and inclusive of any additional steps directed by Council.
6.6 FedNor Application for Funding – Biomass Availability Study Wilf Hass, Director of Economic Development
BE IT RESOLVED THAT Report Number 2021-DEV-024 entitled “FedNor Application for Funding - Biomass Availability Study” be received, and
Page 2 of 5 Regular Meeting of Council June 1, 2021
THAT staff be directed to submit an application for funding to the Federal Economic Development Initiative for Northern Ontario (FedNor) in support of a study to conduct a biomass availability study.
6.7 Award of RFP-564-21 Arena Refrigeration Retrofit Bonnie Sackrider, Director of Community Services
BE IT RESOLVED THAT Report Number 2021-CS-013 entitled “Award of RFP 564-21 Arena Refrigeration Retrofit” be received,
THAT Council hereby awards the contract to complete Arena Refrigeration Retrofit for the Town of Kirkland Lake to Northland Group of Companies in the amount of $163,254.75 + HST,
THAT staff is hereby authorized to approve additional work as part of the Arena Refrigeration Retrofit that corresponds to approved items in the agreement,
THAT the required monies in the amount of $203,191.00 be allocated from the Investing in Canada Infrastructure Program (ICIP) Grant Fund, and
THAT staff be directed to present a bylaw to authorize the execution of an agreement with Northland Group of Companies to conduct Arena Plant Refrigeration upgrade for the Town of Kirkland Lake.
7. Consideration of Notices of Motion
BE IT RESOLVED THAT staff be directed to contact our 911 service provider and the ONR to arrange for 911 operators to inform the ONR dispatch service when emergency first responder vehicles need to respond to an emergency west of the ONR tracks crossing Highway 66 in Swastika.
8. Introduction, Reading and Consideration of By-Laws
By-Law 21-038 Being a by-law to authorize the execution of an agreement with the Culver Park Operating Authority
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-038, being a by-law to authorize the execution of an agreement with the Culver Park Operating Authority
By-Law 21-042 Being a by-law to appoint a property standards officer
Page 3 of 5 Regular Meeting of Council June 1, 2021
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-042, being a by-law to appoint a property standards officer
9. Questions from Council to Staff
10. Notice(s) of Motion
11. Councillor’s Reports
11.1 Councillor Updates
BE IT RESOLVED THAT the verbal updates from members of Council be received.
12. Additional Information
12.1 Response to Chamber Letter
BE IT RESOLVED THAT the response letter to the Kirkland Lake Chamber be received.
12.2 2020 Annual Integrity Commissioner Report – E4M
BE IT RESOLVED THAT the 2020 Annual Integrity Commissioner Report from E4M be received.
13. Closed Session
BE IT RESOLVED THAT Council move into a Closed Session pursuant to Section 239(2) to discuss 2 land disposition matters and 2 matters involving identifiable individuals.
14. Matters from Closed Session
15. Confirmation By-Law
By-law 21-043 Being a by-law to confirm the proceedings of Council at its meeting held June 1, 2021
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-043, being a by-law to confirm the proceedings of Council at its meeting held June 1, 2021.
Page 4 of 5 Regular Meeting of Council June 1, 2021
16. Adjournment
BE IT RESOLVED THAT Council adjourn the June 1, 2021 Regular Meeting of Council.
Page 5 of 5 BACKGROUNDER—COMPANIES’ CREDITORS ARRANGEMENT ACT (CCAA) AND HOW IT THREATENS YOUR COMMUNITY
On February 1, 2021, Laurentian University announced it was seeking insolvency protection from its creditors under the Companies’ Creditors Arrangement Act (CCAA) which was first passed in the House of Commons in 1933. This decision is unprecedented in the CCAAs 88-year history. The Act, passed during the Great Depression, was drafted to create a mechanism for private, for-profit businesses to restructure in a way that could ensure their continuation as a going concern. Until Laurentian, publicly-funded or supported, not-for-profit entities had never used the CCAA to deal with financial difficulties.
Over the objections of several groups, a judge ruled in February that Laurentian’s proceedings under CCAA could continue, setting a precedent that any incorporated entity with debts of more than $5 million, could seek protection under CCAA. For now, the ruling throws the door wide open to any incorporated public, not-for-profit entity, provided they have debts of more than $5 million, invoking CCAA and undergo restructuring.
The implications of this ruling are far-reaching, and deeply concerning. As it stands, any institution within the broader public sector could take the same path as Laurentian if they found themselves short of funds—invoke CCAA, be placed under the control of a court-appointed third party monitor that implements a draconian and harmful plan that overrides freely-negotiated contracts, slashes workforces and payrolls, eliminates vital core services and deprives the community of any meaningful input.
In Sudbury, the impact of Laurentian’s decision to seek protection under CCAA will be felt for at least a generation. Some of the best and brightest academics in their fields will leave the community, probably forever. Economists predict the economic impact to the local economy will be about $100 million, about two per cent of Sudbury’s Gross Domestic Product. Hundreds of secure, stable, well-paying jobs that encourage people to stay in one place and support communities, are disappearing.
Thanks to Laurentian and the court’s decision, your community’s hospital could seek the same kind of protection under CCAA; daycares, recreation facilities, community colleges, Local Health Integration Networks…the list is nearly endless. As long as it’s an incorporated entity carrying debt in excess of $5 million, it falls under CCAA’s umbrella.
While all of this is bad news for municipalities, for senior levels of government the inclusion of broader public service entities under CCAA is an armload of gifts that will keep on giving.
The first is the gift of blurring the lines between private interest and public good. The CCAA is a law written to govern what to do when a Company—a private entity dedicated to earning a benefit for private individuals— becomes insolvent. It right there in the name of the Law, the first ‘C’ in ‘CCAA’. In the Canadian context at least, universities like Laurentian and all the other entities now captured under the recent court ruling, are something else; Public entities dedicated to providing vital public services and benefits that we as Canadians have decided should not be left to the marketplace. By allowing (or forcing) public entities to use legal tools designed for private ones, it becomes harder to distinguish between them and their goals. For some politicians—the ones who say things like, “government should run more like a business,” blurring the distinction between public and private is an amazing gift.
Second is the gift of distraction. Laurentian’s struggle to deal with past poor decisions was well-known. So were larger structural issues at play within the University sector, most notably decades of underfunding and neglect of Universities by both the Federal and Provincial governments. When Laurentian announced it was seeking CCAA protection, questions were asked about Laurentian specifically and the sector more broadly, but once a judge gave Laurentian the go-ahead, those questions seemed to disappear. If they were asked, this April 23 quote from Provincial Minister of Colleges and Universities Ross Romano is a fairly standard example of how governments choose to answer:
"I cannot comment on anything that's happening within the CCAA process," Romano said. "I want to continue to monitor the situation. We are continuing to monitor everything that is happening with Laurentian and looking forward to help Laurentian in its steps to move forward."
This is the sort of gift that politicians can only dream of receiving. Now it’s a dream come true.
The third is the gift of having to do absolutely nothing, also well-illustrated by Minister Romano’s quote above. A key reason for Laurentian’s failure was the Provincial government’s refusal to intervene. Doing nothing was a conscious choice on the part of the Ford Conservatives that garnered some well-earned criticism. With CCAA proceedings now underway, Romano and other politicians looking to duck responsibility have an excuse for doing nothing; it’s before the courts.
The fourth, final and scariest gift is the gift of consequence-free retaliation. Governments—especially provincial governments—have a vast array of tools at their disposal. In addition to the funds they directly provide to universities and other publicly-supported entities, there are a host of more subtle financial tools they can use to help—or harm—these institutions.
Before Laurentian sought CCAA protection, a key check on abusing these powers was the risk of a publicly- supported entity not being able to fulfil its obligations, requiring government intervention or direct control. This check has vanished in the wake of Laurentian. Not only does this let governments off the hook when poor policy like underfunding threatens an agency. Now, governments have a weapon to hold over the heads of those entities it feels are either too critical or insufficiently loyal. A government can now use all of those subtle tools— the power to guarantee loans, lengthening the interval between payments to organizations, adjusting eligibility criteria—to punish agencies that speak out or resist efforts to bend them to their will. Then, after pushing an agency over the edge, the government can simply do nothing; after all, the matter is before the courts under CCAA.
Whatever your political affiliation, this is NOT a gift you want any government—even one you like—to have. No government, regardless of political stripe, should have such a destructive weapon to punish their enemies with. The government of the day may be one that is in sync with your belief system. You might even agree that they should have the power to punish their foes, but what happens when the government and another government less in tune with your beliefs takes power? Governments fall, all the time. Do you really want any government, current or future, that doesn’t share your beliefs to have such an awesome power? MINUTES Corporation of the Town of Kirkland Lake Regular Meeting of Council Electronically via Zoom May 18, 2021 4:40 p.m.
Attendance
Acting Mayor: Stacy Wight Councillors: Rick Owen Casey Owens Eugene Ivanov Lad Shaba Patrick Adams Absent: Pat Kiely Staff: Interim CAO: Don Studholme Clerk: Meagan Elliott Director of Community Services: Bonnie Sackrider Director of Care: Tanya Schumacher Fire Chief: Rob Adair Director of Economic Development: Wilf Hass Planning Administrator/Recycling Coordinator/Data Manager: Jenna McNaughton Human Resources Supervisor: Kassandra Young Manager of Operations and Engineering: Stephane Fortin Waste Management Manager: Richard Charbonneau Building Inspector & Property Standards Officer: Courtney Nylund
1. Call to Order and Moment of Silence
Acting Mayor Wight requested a moment of silence.
2. Approval of the Agenda
Moved by: Patrick Adams Seconded by: Rick Owen BE IT RESOLVED THAT the Agenda for the Regular Meeting of Council held on May 18, 2021 beginning at 4:40 p.m. be approved as circulated to all Members of Council with the removal of by-law 21-038 being a by-law to authorize the execution of an agreement with the Culver Park Operating Authority. CARRIED
Regular Meeting of Council May 18, 2021
3. Declaration of Pecuniary Interest
Acting Mayor Wight requested those present to declare any pecuniary interests with matters appearing on the Open Session agenda. Councillor Rick Owen noted he may declare a pecuniary interest if discussions arise during discussions on item 6.1 for water/wastewater.
4. Petitions and Delegations
5. Acceptance of Minutes and Recommendations
Moved by: Casey Owens Seconded by: Lad Shaba
BE IT RESOLVED THAT Council approve the minutes of the following meetings: Minutes of the Regular Meeting of Council held May 4, 2021 CARRIED
6. Reports of Municipal Officers and Communications
6.1 Proposed 2021 Budget Don Studholme, Interim CAO
Moved by: Eugene Ivanov Seconded by: Patrick Adams
BE IT RESOLVED THAT Memorandum Number 2021-CAO-009M entitled “2021 Operating and Capital Budget” be received, and
THAT staff be directed to implement changes put forward by Council and make the appropriate changes to the 2021 budget and supporting documents. CARRIED
6.2 Aerial Fire Truck Rob Adair, Fire Chief
Moved by: Rick Owen Seconded by: Lad Shaba
BE IT RESOLVED THAT Report Number 2021- FIRE-002M entitled “Aerial Fire Truck” be received, and
THAT staff be directed to shop around and report back to Council with options of vehicles and prices for consideration. CARRIED
Page 2 of 9 Regular Meeting of Council May 18, 2021
6.3 Update on Green and Inclusive Community Buildings Fund and Canada Healthy Communities Initiative Bonnie Sackrider, Director of Community Services
Moved by: Casey Owens Seconded by: Eugene Ivanov
BE IT RESOLVED THAT Report Number 2021-CS-012 entitled “Update on Green and Inclusive Community Buildings Fund and Canada Healthy Communities Initiative” be received,
THAT staff be directed to apply to the community buildings fund for community complex retrofits, and
THAT staff be directed to submit to the healthy communities grant for enhancing trails in rural areas. CARRIED
6.4 Community Safety and Well Being Plan Update Bonnie Sackrider, Director of Community Services
Moved by: Lad Shaba Seconded by: Patrick Adams
BE IT RESOLVED THAT Memorandum Number 2021-CS-011 entitled “Community Safety and Well Being Plan Update” be received. CARRIED
6.5 Update to Accessible Customer Service Policy and Accessible Employment Policy Bonnie Sackrider, Director of Community Services
Moved by: Eugene Ivanov Seconded by: Rick Owen
BE IT RESOLVED THAT Memorandum Number 2021-CS-010 entitled “Update to Accessible Customer Service Policy and Accessible Employment Policy” be received,
THAT the revised policies are hereby approved, and
THAT staff be directed to insert the updated policies into the Corporate Policy Manual and to the Website.
CARRIED
Page 3 of 9 Regular Meeting of Council May 18, 2021
6.6 Pay Equity Update Kassandra Young, Human Resources Supervisor
Moved by: Casey Owens Seconded by: Patrick Adams
BE IT RESOLVED THAT Memorandum Number 2021-HR-008 entitled “Pay Equity Update” be received, and
THAT staff be directed to procure the services of a consultant to complete a Pay Equity, Compensation and Job Evaluation Review for the entire Corporation, including unionized and non-unionized positions by the end of Q4 2021. CARRIED
6.7 Request to Repeal and Cancel one Lease Agreement and one Encroachment Agreement Jenna McNaughton, Planning Administrator/Recycling Coordinator/Data Manager
Moved by: Rick Owen Seconded by: Lad Shaba
BE IT RESOLVED THAT Memorandum Number 2021-DEV-019M entitled “Request to Repeal and Cancel One Lease Agreement and One Encroachment Agreement” be received, and
THAT staff be directed to present a By-law to Repeal the Lease Agreement at 69 Federal Street and the Encroachment Agreement at 152 Taylor Avenue. CARRIED
6.8 Video Closed Captioning for Accessibility Meagan Elliott, Clerk
Moved by: Eugene Ivanov Seconded by: Casey Owens
BE IT RESOLVED THAT Report Number 2021-CLK-012 entitled “Video Closed Captioning for Accessibility” be received, and
THAT staff be directed to upgrade the Corporate Zoom account from Pro to Business to allow utilization of the Zoom Audio Transcripts. CARRIED
6.9 Parking Lot Rental Rate Meagan Elliott, Clerk
Moved by: Patrick Adams
Page 4 of 9 Regular Meeting of Council May 18, 2021
Seconded by: Rick Owen
BE IT RESOLVED THAT Memorandum Number 2021-CLK-014M entitled “Parking Lot Rental Rate” be received,
THAT staff be directed to finalize an agreement with Horizon Drive In to utilize the Water Street Parking lot on July 30, 2021 for a rental price of $325 +HST, and
THAT staff be directed to include a parking lot rental rate in the user fee by-law. CARRIED
6.10 Provincial Offences Act – Inter-Municipal Agreement Meagan Elliott, Clerk
Moved by: Lad Shaba Seconded by: Eugene Ivanov
BE IT RESOLVED THAT Memorandum Number 2021-CLK-013M entitled “Provincial Offences Act – Inter-Municipal Agreement” be received,
THAT staff be directed to present an executing by-law to authorize the Mayor and Clerk to sign the inter-municipal agreement with respect to the Provincial Offences Act, and
THAT staff be directed to list Councillor Casey Owens and Councillor Rick Owen to the Committee listings for the POA Committee. CARRIED
6.11 Police Service Board Re-Configuration Meagan Elliott, Clerk
Moved by: Eugene Ivanov Seconded by: Casey Owens
BE IT RESOLVED THAT Memorandum Number 2021-CLK-015M entitled “Police Service Board Re-Configuration” be received.
CARRIED
7. Consideration of Notices of Motion
None noted.
8. Introduction, Reading and Consideration of By-Laws
Moved by: Rick Owen Seconded by: Patrick Adams
Page 5 of 9 Regular Meeting of Council May 18, 2021
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-036, being a by-law to permit the operation of certain off-road vehicles within the jurisdiction of the Town of Kirkland Lake CARRIED
Moved by: Lad Shaba Seconded by: Casey Owens
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-037, being a by-law to authorize the execution of an inter-municipal agreement with municipal area partners with respect to the Provincial Offences Act CARRIED
By-law 21-038 was removed from this meeting
Moved by: Lad Shaba Seconded by: Patrick Adams
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-039, being a by-law to repeal by-laws to establish leases and encroachments of certain Town lands CARRIED
Moved by: Eugene Ivanov Seconded by: Patrick Adams
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-040, being a by-law to authorize and execute the collective agreement between the Corporation of the Town of Kirkland Lake and Ontario Nurses Association (ONA) CARRIED
9. Questions from Council to Staff
None noted.
Page 6 of 9 Regular Meeting of Council May 18, 2021
10. Notice(s) of Motion
Councillor Rick Owen put forth the following notice of motion:
BE IT RESOLVED THAT staff be directed to contact our 911 service provider and the ONR to arrange for 911 operators to inform the ONR dispatch service when emergency first responder vehicles need to respond to an emergency west of the ONR tracks crossing Highway 66 in Swastika.
11. Councillor’s Reports
11.1 Councillor Updates
Moved by: Rick Owen Seconded by: Casey Owens
BE IT RESOLVED THAT the verbal updates from members of Council be received. CARRIED
12. Additional Information
12.1 Tree Removal Request – 111 Tower Street
Moved by: Eugene Ivanov Seconded by: Lad Shaba
BE IT RESOLVED THAT the tree removal request from Yvon Fortier be received, and THAT staff be directed to not remove the tree as requested. CARRIED
12.2 Addiction Residential Community Proposal – Opioid Task Force
Moved by: Eugene Ivanov Seconded by: Patrick Adams
Councillor Owen declared a pecuniary interest and disabled his audio/video at 6:33pm
BE IT RESOLVED THAT the letter from the Opioid Task Force requesting support for an Addition Residential Community Proposal dated May 1, 2021 be received, and THAT staff be directed to submit a letter of support to the KL Opioid Task Force. CARRIED Councillor Owen enabled his audio/video at 6:35pm
Page 7 of 9 Regular Meeting of Council May 18, 2021
12.3 Letter from the Kirkland Lake Chamber of Commerce
Moved by: Patrick Adams Seconded by: Casey Owens
BE IT RESOLVED THAT the letter from the Kirkland Lake Chamber of Commerce dated May 5, 2021 be received, and
THAT staff be directed to ensure the Chamber is aware of the relevant by-laws, the Community Improvement Program and the landfill voucher system in place as well as the number of derelict buildings removed in 2020 that all assist to address the noted issue. CARRIED
12.4 DTSSAB Englehart Inquiry
Moved by: Rick Owen Seconded by: Lad Shaba
BE IT RESOLVED THAT the correspondence from DTSSAB and the Town of Englehart be received. CARRIED
12.5 HWY 66 Reconstruction – Gull Lake Protection Measures
Moved by: Patrick Adams Seconded by: Eugene Ivanov
BE IT RESOLVED THAT the Highway 66 Reconstruction – Gull Lake Protection Measures notice be received. CARRIED
13. Closed Session
Moved by: Lad Shaba Seconded by: Rick Owen
BE IT RESOLVED THAT Council move into a Closed Session pursuant to Section 239(2) to discuss 3 matters relating to land disposition and 1 matter relating to labour relations. CARRIED
Council moved into Closed Session at 6:48pm Council rose from Closed Session at 7:28pm
14. Matters from Closed Session
Moved by: Eugene Ivanov
Page 8 of 9 Regular Meeting of Council May 18, 2021
Seconded by: Patrick Adams
THAT the CAO hiring committee members be amended to remove Councillor Rick Owen and replace it with Councillor Casey Owens. CARRIED
15. Confirmation By-Law
Moved by: Casey Owens Seconded by: Patrick Adams
BE IT RESOLVED THAT the following by-law be read a first, second, and third time, numbered, passed, signed by the Mayor and the Clerk, and the Seal of the Corporation be affixed thereto; By-law Number 21-041, being a by-law to confirm the proceedings of Council at its meeting held May 18, 2021. CARRIED
16. Adjournment
Moved by: Eugene Ivanov Seconded by: Lad Shaba
BE IT RESOLVED THAT Council adjourn the May 18, 2021 Regular Meeting of Council.
CARRIED
The meeting adjourned at 7:29pm
Stacy Wight, Acting Mayor
Meagan Elliott, Clerk
Page 9 of 9 Teck Pioneer Residence
Committee ofManagement Open Meeting November 23, 2020 1740 Minutes
Present: Nancy Loach-Fougere - Administrator/DOC Tanya Schumacher - Executive Director Casey Owens -Councilor Rick Owen, Councilor Eugene Ivanov- Councilor Connie Wilberforce, Community Representative
Regrets:
1.0 CALL TO ORDER Meeting called to order by Casey Owens at 1741
2.0 APPROVAL OF THE AGENDA Agenda approved as presented Moved by E. Ivanov, Seconded by, R. Owen
3.0 DECLARATIONS OF PECUNIARY INTERESTS None declared
4.0 MINUTES OF THE PREVIOUS MEETING HELD August 25, 2020 4.1 Minutes be approved as presented Moved by R. Owen, Seconded by, E. Ivanov
5.0 PRESENTATIONS No presentations this meeting 6.0 ITEMS FOR DISCUSSION
6.1 FINANCIAL SUMMARY FOR THE MONTHS OF August, September and October 2020 be approved:
Moved by R. Owen, seconded by E. Ivanov, "that the financial summary for the months of August, September and October" be approved
CARRIED ......
6.2 ACCOUNTS PAYABLE FOR THE PERIOD OF February, March and April 2020 be approved:
Moved by R. Owen, seconded by E. Ivanov "that accounts payable for August, September and October 2020 in the amounts of$126855.51, $79444.83 and $99687.02" be approved
CARRIED .....
6.3 APPROVAL OF ADMINISTRATOR'S REPORT August - October 2020 be approved as presented:
Moved by E. Ivanov, seconded by R. Owen, "that the Administrator's Report for August - October 2020 be approved as presented".
CARRIED .....
6.4 Review of Terms of Reference
Moved by R. Owen, seconded by E. Ivanov, "that the terms of reference for the committee of management" be approved as presented
7. 0 Additional Information
No additional information presented 8.0 ADJOURNMENT ......
Moved by E. Ivanov, seconded by R. Owen, "that the Open Meeting of the Committee of Management be adjourned @17:58"
<:JlItIt]][D ...... MINUTES Corporation of the Town of Kirkland Lake Museum Advisory Committee Electronically via Zoom Wednesday, February 24th, 2021 4:45pm
Attendance
Chair: Ann Black, Auxiliary Representative Members: Monica Haase, Meghan Howe Stacy Wight, Councillor Staff: Kelly Gallagher, Municipal Curator Secretary: Kaitlyn McKay, Facility Administrator
1. Call to Order
Ann Black called the meeting to order.
2. Approval of the Agenda
Moved by: Monica Haase Seconded by: Meghan Howe
BE IT RESOLVED THAT the Agenda for the Museum Advisory Committee held on February 24th, 2021 beginning at 4:51pm be approved as circulated to all Committee Members.
CARRIED
3. Declaration of Pecuniary Interest
4. Acceptance of Minutes and Recommendations
4.1 Minutes of the MAC meeting held December 16th, 2020 Moved by: Meghan Howe Seconded by: Ann Black
BE IT RESOLVED THAT the Museum Advisory Committee accept the minutes of the Museum Advisory Committee meeting held December 16th, 2020.
CARRIED
Museum Advisory Committee February 24, 2021
5. Items for Discussion
5.1 December Attendance Statistics
Moved by: Stacy Wight Seconded by: Meghan Howe
BE IT RESOLVED THAT the December Attendance Statistics report be received. CARRIED 5.2 2021 Gallery Update
Moved by: Monica Haase Seconded by: Ann Black
BE IT RESOLVED THAT the 2021 Gallery Update be received.
CARRIED 5.3 2021 Budget Considerations
Moved by: Meghan Howe Seconded by: Stacy Wight
BE IT RESOLVED THAT the verbal 2021 Budget Considerations report be received.
CARRIED 5.4 2021 MAC Terms of Reference for Review
Moved by: Meghan Howe Seconded by: Ann Black
BE IT RESOLVED THAT the existing Museum Advisory Committee Terms of Reference be received for review.
CARRIED 5.5 Museum Trivia Challenge
Moved by: Monica Haase Seconded by: Stacy Wight
BE IT RESOLVED THAT the Museum Trivia Challenge Report be received.
CARRIED
5.6 2021 Meetings Chairs Page 2 of 4 Museum Advisory Committee February 24, 2021
Moved by: Meghan Howe Seconded by: Monica Haase
BE IT RESOLVED THAT the list of 2021 Meeting Chairs be received.
CARRIED
6. Reports
6.1 Curator’s Report – Kelly Gallagher
Moved by: Monica Haase Seconded by: Meghan Howe
BE IT RESOLVED THAT the verbal Curator’s Report for February 2021 be received.
CARRIED 6.2 Auxiliary Report – Representative Ann Black
Moved by: Stacy Wight Seconded by: Monica Haase
BE IT RESOLVED THAT the verbal Auxiliary report be received.
CARRIED
7. Additional Information
None noted.
8. Date of Next Meeting
8.1 March 17th, 2021
9. Adjournment
Moved by: Meghan Howe Seconded by: Monica Haase
BE IT RESOLVED THAT Members adjourn the February 24th, 2021 Museum Advisory Committee Meeting at 5:55pm.
CARRIED
Page 3 of 4 Museum Advisory Committee February 24, 2021
Ann Black, Chair
Kaitlyn McKay, Secretary
APPROVED BY COMMITTEE ON MAY 27 2021
Page 4 of 4 MINUTES Corporation of the Town of Kirkland Lake Committee of Management Teck Pioneer Residence – Board Room March 1, 2021 5:40 p.m.
Attendance
Chair: Mr. Casey Owens Members: Mr. R. Owen, Mr. E. Ivanov Secretary: Ms. T. Schumacher Regrets: Ms. C. Wilberforce
1. Call to Order Chair Casey Owens called the meeting to order at 5:40pm
2. Approval of the Agenda Moved by: R. Owen Seconded by: E. Ivanov
BE IT RESOLVED THAT the Agenda for the Committee of Management Meeting held on March 1, 2021 beginning at 5:40 p.m. be approved as circulated to all Board Members. CARRIED
3. Declaration of Pecuniary Interest None noted
4. Acceptance of Minutes and Recommendations Moved by: E. Ivanov Seconded by: R. Owen
BE IT RESOLVED THAT the Board Members accept the minutes of the following meetings: Minutes of the Committee of Management held November 23, 2021 CARRIED
5. Presentations
6. Items for Discussion 6.1 Review of Terms of Reference Moved by: E. Ivanov Seconded by: R. Owen Committee of Management Meeting September 21, 2020
BE IT RESOLVED THAT the Terms of Reference be approved as presented. CARRIED 6.2 Financial Report Moved by: R. Owen Seconded by: E. Ivanov
BE IT RESOLVED THAT the Financial Report be approved. CARRIED
6.3 Accounts Payable Moved by: E. Ivanov Seconded by: R. Owen
BE IT RESOLVED THAT the Accounts Payable report be approved. CARRIED 6.4 Administrator’s Report Moved by: R. Owen Seconded by: E. Ivanov
BE IT RESOLVED THAT the Administrator’s Report be approved. CARRIED 6.5 Declaration of Compliance Moved by: E. Ivanov Seconded by: R. Owen
BE IT RESOLVED THAT the Declaration of Compliance be approved. CARRIED 6.6 HQO’s Quality Improvement Plan (verbal) Moved by: R. Owen Seconded by: E. Ivanov
BE IT RESOLVED THAT the verbal report of the HQO’s Quality Improvement Plan be approved. CARRIED
7. Closed Session
8. Additional Information None noted
Page 2 of 3 Committee of Management Meeting September 21, 2020
9. Adjournment Moved by: R. Owen Seconded by: E. Ivanov
BE IT RESOLVED THAT Members adjourn the March 1, 2021 Committee of Management Meeting.
The meeting adjourned at: 6:11 pm
Casey Owens, Chair
Tanya Schumacher, Secretary
APPROVED BY COMMITTEE ON MAY 17 2021
Page 3 of 3
MEMORANDUM TO COUNCIL
Meeting Date: 01/06/2021 Memorandum Number: 2021-CAO-013M
Presented by: Don Studholme Department: CAO
MEMORANDUM TITLE
2021 Budget
RECOMMENDATION(S)
BE IT RESOLVED THAT Memorandum Number 2021-CAO-013M entitled “2021 Budget” be received, and THAT staff be directed to continue to make changes and bring the final document to a Special Meeting of Council on June 8, 2021 for review before the final passing at the June 15, 2021 Regular Meeting of Council.
BACKGROUND
We have made some changes to the documents from two weeks ago to address some comments made. We are close to making the final document ready but we want to make sure that we have everything that Council and the provincial government may have to ensure a smooth reveal. We are asking Council to have a special meeting on June 8, 2021 to address the final changes before we make the final budget presentation to the public on June 15, 2021. The TPR budget is being presented with the 2020 operating budget for this year until we receive the final figures from the government and their COVID revenues to help us pay for the changes. We will probably not receive this before the June 15th presentation but we cannot hold off until this arrives. Upon Council advice to look at a 1% or a 2% increase in water/waterworks budget I have done that and it is on the last sheet of the budget document. I am recommending that we adopt a 2% increase which will help to move the reserve/reserve funds in water to adapt to the changes. It will be difficult to do water capital next year but this will help us to move ahead. Community Services
Recreation Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 324,411 272,684 398,404 571,506 Grants 48,950 7,578 3,658 33,854 Donations 8,000 20,310 500 1,275 Recoveries 2,032 15,332 2,044 8,021 Total 383,393 315,904 404,606 614,656
Expenditures Labour and Related 1,189,069 1,081,776 1,165,607 1,196,712 Contracted Services 39,032 34,790 28,009 31,841 Materials and Supplies 194,602 126,819 187,475 164,401 Utilities 503,154 422,955 502,059 503,269 Administration and Other 210,785 164,344 168,427 157,975 Interest and LTD Payments 899,357 899,169 899,356 1,055,113 Rents and Financial 16,500 9,537 18,800 18,615 Total 3,052,499 2,739,390 2,969,733 3,127,926
Net Revenues (Expenditures) -2,669,106 -2,423,486 -2,565,127 -2,513,270 0.04
Cemetery Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 130,615 120,888 112,531 129,959 Recoveries 2,210 5,000 5,670 Penalties and Interest 440 1,083 250 347 Total 131,055 124,181 117,781 135,976
Expenditures Labour and Related 91,357 110,302 125,865 118,912 Contracted Services 3,000 3,215 6,700 5,551 Materials and Supplies 12,150 9,625 12,010 12,717 Utilities 1,250 3,714 4,200 3,233 Administration and Other 12,830 8,457 10,962 10,562 Interest and LTD Payments 2,919 3,500 2,043 Rents and Financial Total 120,587 138,232 163,237 153,018
Net Revenues (Expenditures) 10,468 -14,051 -45,456 -17,042 -1.23 Museum Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 6,150 14,278 9,350 34,887 Grants 61,873 63,489 54,337 38,334 Donations 2,200 3,537 5,325 12,843 Recoveries 250 164 200 259 Total 70,473 81,468 69,212 86,323
Expenditures Labour and Related 198,585 197,344 194,363 195,381 Contracted Services 25,150 10,688 27,050 11,662 Materials and Supplies 27,906 15,190 19,755 29,414 Utilities 14,800 12,695 14,750 14,434 Administration and Other 18,229 12,825 15,758 14,950 Interest and LTD Payments Rents and Financial 1,000 754 705 738 Total 285,670 249,496 272,381 266,579
Net Revenues (Expenditures) -215,197 -168,028 -203,169 -180,256 0.059
Heritage North Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 18,000 27,642 25,220 136,405 Recoveries 300 415 400 3,303 Total 18,300 28,057 25,620 139,708
Expenditures Labour and Related 84,605 98,517 136,725 181,074 Contracted Services 2,624 8,085 8,170 18,497 Materials and Supplies 9,200 15,357 24,730 52,373 Utilities 29,300 30,245 29,900 38,097 Administration and Other 27,380 23,001 27,651 22,783 Interest and LTD Payments 157,904 Rents and Financial 150 350 248 Total 153,259 175,205 227,526 470,976
Net Revenues (Expenditures) -134,959 -147,148 -201,906 -331,268 -0.33
Child Care Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues Rent 18,000 18,000 18,000 18,000 Recoveries 5,000 5,000 Total 18,000 23,000 23,000 18,000
Expenditures Labour and Related 2,928 3,064 4,770 4,092 Contracted Services 794 Materials and Supplies 574 409 2,700 4,365 Administration and Other 2,910 14,664 6,527 3,841 Total 6,412 18,931 13,997 12,298
Net Revenues (Expenditures) 11,588 4,069 9,003 5,702 0.29
Library Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 4,650 3,812 7,500 6,623 Grants 34,422 45,350 43,875 36,022 Investment Income 9,154 8,702 9,154 9,788 Donations 2,650 14,121 4,100 13,556 Recoveries 169 335 269 Total 51,045 71,985 64,964 66,258 Expenditures Labour and Related 284,585 274,920 303,257 265,749 Contracted Services 18,400 18,546 15,700 17,964 Materials and Supplies 30,454 28,677 33,204 38,176 Utilities 13,400 12,440 15,690 13,269 Administration and Other 18,040 13,817 16,975 15,430 Interest and LTD Payments 60 Rents and Financial 102 Total 364,879 348,460 384,826 350,690
Net Revenues (Expenditures) -313,834 -276,475 -319,862 -284,432 -0.02
Net Community Services -3,311,040 -3,025,119 -3,326,517 -0.004
Development Services
Planning Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 37,000 37,368 36,000 41,817 Grants 11,998 Recoveries 455 Total 37,000 37,368 36,000 54,270
Expenditures Labour and Related 128,981 145,143 123,822 120,697 Contracted Services 46,000 39,525 28,600 4,075 Materials and Supplies 1,900 1,181 3,860 12,359 Utilities Administration and Other 12,625 13,409 43,843 11,839 Interest and LTD Payments Rents and Financial Total 189,506 199,258 200,125 148,970
Net Revenues (Expenditures) -152,506 -161,890 -164,125 -94,700 -0.07
Building Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 60,000 59,935 60,000 111,518 Recoveries 7,200 39,995 68,000 15,950 Total 67,200 99,930 128,000 127,468
Expenditures Labour and Related 119,039 153,220 199,746 142,938 Contracted Services 160,600 78,783 93,000 4,169 Materials and Supplies 5,800 2,551 9,110 12,026 Utilities Administration and Other 8,880 7,851 11,239 3,882 Interest and LTD Payments Rents and Financial Total 294,319 242,405 313,095 163,015
Net Revenues (Expenditures) -227,119 -142,475 -185,095 -35,547 0.23
Waste Management Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 12,000 12,695 10,000 11,641 Grants Donations Recoveries 435,500 489,862 394,500 423,203 Total 447,500 502,557 404,500 434,844
Expenditures Labour and Related 129,308 194,552 200,767 188,594 Contracted Services 1,023,278 1,056,905 1,025,580 990,954 Materials and Supplies 81,600 47,198 50,242 25,951 Utilities Administration and Other 7,535 555 17,230 49,454 Interest and LTD Payments 53,655 52,556 52,610 52,558 Rents and Financial Total 1,295,376 1,351,766 1,346,429 1,307,511
Net Revenues (Expenditures) -847,876 -849,209 -941,929 -872,667 -0.09
Economic Development Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 45,000 105,687 70,654 52,057 Grants 197,222 1,450 153,000 78,047 Donations 97,307 Recoveries 3,640 1,776 1,700 1,636 Total 245,862 108,913 225,354 229,047
Expenditures Labour and Related 150,990 129,378 145,470 180,962 Contracted Services 97,450 24,812 157,550 108,270 Materials and Supplies 200 464 1,250 141,522 Utilities Administration and Other 164,310 20,506 75,943 45,283 Interest and LTD Payments 137,222 68,641 137,222 76,509 Rents and Financial 37,979 Total 550,172 243,801 517,435 590,525
Net Revenues (Expenditures) -304,310 -134,888 -292,081 -361,478 0.04
Animal Control Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 14,764 2,000 2,000 Grants 5,462 1,250 Donations 12,000 6,005 Recoveries 9,600 186 10,000 3,687 Total 9,600 20,412 24,000 12,942
Expenditures Labour and Related 31,885 22,483 35,169 Contracted Services 70,945 121,753 133,872 81,548 Materials and Supplies 800 1,603 11,500 1,574 Utilities 2,600 2,410 3,600 2,257 Administration and Other 725 1,155 562 972 Interest and LTD Payments Rents and Financial Total 75,070 158,806 172,017 121,520
Net Revenues (Expenditures) -65,470 -138,394 -148,017 -108,578 -0.56
Residential Development Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues Miscellaneous 10,000 19,500 15,140 37,000 Total 10,000 19,500 15,140 37,000
Expenditures Labour and Related Contracted Services Materials and Supplies 36,000 Utilities Administration and Other 1,650 625 1,000 Interest and LTD Payments Rents and Financial Total 1,650 625 1,000 36,000
Net Revenues (Expenditures) 8,350 18,875 14,140 1,000 -0.41
Airport Operations Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 111,940 108,509 129,940 137,313 Recoveries 3,500 1,781 3,500 2,908 Total 115,440 110,290 133,440 140,221
Expenditures Labour and Related 58,676 160,098 159,814 129,907 Contracted Services 3,000 17,600 18,500 15,152 Materials and Supplies 58,750 46,816 80,135 75,625 Utilities 16,100 7,540 9,600 8,045 Administration and Other 28,088 22,614 23,940 20,981 Interest and LTD Payments Rents and Financial 2,000 734 2,000 1,525 Total 166,614 255,402 293,989 251,235
Net Revenues (Expenditures) -51,174 -145,112 -160,549 -111,014 -0.68
Revenues (Expenditures) -1,640,104 -1,553,093 -1,877,656 -0.12
Administration Budget Actual Budget Actual % 2021 2020 2020 2019 Increase General Administration
Revenues User Fees 30,000 29,416 34,600 39,057 Grants 107,041 Donations 6,355 Recoveries 229,937 5 Total 30,000 366,394 34,600 45,417
Expenditures Labour and Related 502,100 1,010,781 574,226 236,455 Contracted Services 57,000 244,981 135,500 192,710 Materials and Supplies 8,000 39,002 27,350 24,062 Utilities 24,800 18,599 25,000 20,610 Administration and Other 112,650 145,444 112,423 67,000 Interest and LTD Payments Rents and Financial 5,000 Transfers 5,000 6,000 Total 709,550 1,458,807 879,499 546,837 Reserve Transfer -217,000 -150,308 Net Revenues (Expenditures) -679,550 -1,092,413 -627,899 -351,112 0.08
Treasury Budget Actual Budget Actual % 2021 2020 2020 2019 Increase
Revenues 15,000 338,297 15,000 15,627 Expenditures Labour and Related 759,300 631,072 708,597 735,656 Contracted Services 35,910 31,520 45,000 31,247 Materials and Supplies 7,500 9,424 8,500 7,590 Utilities Administration and Other 63,300 37,377 65,721 37,618 Interest and LTD Payments Rents and Financial 4,000 2,345 4,000 3,415 Transfers -149,000 -146,230 -146,229 -143,362 Total 721,010 565,508 685,589 672,164
Reserve Transfer -15,000
Net Revenues (Expenditures) -706,010 -227,211 -655,589 -656,537 0.076
Human Resources Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues
Expenditures Labour and Related 192,975 239,227 153,680 105,451 Contracted Services 9,600 251 2,483 Materials and Supplies 2,800 14,155 2,800 2,275 Utilities Administration and Other 6,050 8,812 7,000 3,346 Interest and LTD Payments Rents and Financial Total 211,425 262,445 165,963 111,072
Net Revenues (Expenditures) -211,425 -262,445 -165,963 -111,072 0.27
MIS Systems Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues
Expenditures Labour and Related 123,904 71,687 72,816 70,943 Contracted Services 40,600 51,989 55,200 48,534 Materials and Supplies 4,410 1,222 250 152 Utilities Administration and Other 41,424 62,150 50,237 51,120 Interest and LTD Payments Rents and Financial Total 210,338 187,048 178,503 170,749
Net Revenues (Expenditures) -210,338 -187,048 -178,503 -170,749 0.18
Revenues (Expenditures) -1,807,323 -1,769,117 -1,627,954 0.11
Governance
Mayor and Council Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues
Expenditures Labour and Related 153,180 152,578 157,748 152,076 Contracted Services 20,000 26,423 40,000 5,096 Materials and Supplies 300 471 7,650 403 Utilities Administration and Other 5,050 3,827 14,898 9,028 Interest and LTD Payments Rents and Financial Total 178,530 183,299 220,296 166,603
Reserve Transfer -7,000
Net Revenues (Expenditures) -178,530 -183,299 -213,296 -166,603 -0.16
Protective Services
Fire Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues Grant 6,500 User Fees 500 500 500 500 Recoveries 3,000 4,555 4,000 10,871 Total 10,000 5,055 4,500 11,371
Expenditures Labour and Related 1,664,307 1,701,947 1,658,762 2,129,501 Contracted Services 42,519 30,901 38,453 34,978 Materials and Supplies 42,500 43,696 47,700 43,497 Utilities 12,377 12,019 12,800 11,979 Administration and Other 77,009 45,947 55,686 51,677 Interest and LTD Payments Rents and Financial Total 1,838,712 1,834,510 1,813,401 2,271,632
Net Revenues (Expenditures) -1,828,712 -1,829,455 -1,808,901 -2,260,261 0.01
Police Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues Rental Income 76,750 76,750 76,750 76,750 Grants 73,000 78,948 75,000 81,120 User Fees 2,500 1,500 655 Recoveries 7,000 16,179 5,000 10,253 Total 159,250 171,877 158,250 168,778
Expenditures Labour and Related 18,950 18,762 19,095 19,606 Contracted Services 2,481,132 2,498,138 2,428,228 2,488,417 Materials and Supplies 300 1,500 7,229 Utilities 21,500 20,601 21,800 22,745 Administration and Other 9,950 6,783 7,877 7,305 Interest and LTD Payments Rents and Financial Total 2,531,832 2,544,284 2,478,500 2,545,302
Net Revenues (Expenditures) -2,372,582 -2,372,407 -2,320,250 -2,376,524 0.02
Revenues (Expenditures) -4,201,294 -4,201,862 -4,129,151 0.02
Public Works
Roads and Maintenance Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues User Fees 63,838 Recoveries 40,000 37,263 45,000 68,502 Total 40,000 37,263 45,000 132,340
Expenditures Labour and Related 1,812,784 1,543,221 1,941,091 1,635,752 Contracted Services 251,318 192,905 480,090 389,138 Materials and Supplies 1,117,850 549,989 788,510 702,482 Utilities 73,050 56,774 67,500 65,598 Administration and Other 293,520 233,237 228,658 241,269 Interest and LTD Payments 59,984 196,819 181,064 178,722 Rents and Financial Total 3,608,506 2,772,945 3,686,913 3,212,961
Net Revenues (Expenditures) -3,568,506 -2,735,682 -3,641,913 -3,080,621 -0.02
Streetlighting Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues
Expenditures Labour and Related 1,250 100 600 Contracted Services 15,000 10,686 30,000 36,074 Materials and Supplies 10,000 5,762 Utilities 52,000 50,929 52,000 50,024 Administration and Other 119,456 Interest and LTD Payments 119,470 119,470 119,457 Rents and Financial Total 197,720 186,933 202,070 205,555
Net Revenues (Expenditures) -197,720 -186,933 -202,070 -205,555 -0.02
Revenues (Expenditures) 3,766,226 -2,922,615 3,843,983 -0.02
Teck Pioneer Residence Budget Actual Budget Actual % 2021 2020 2020 2019 Increase Revenues Teck Pioneer 6,104,559 1,939,050 6,025,588 5,872,523 Grants 625,092 4,736,713 93,000 Donations 30,000 36,224 30,000 13,202 Recoveries 53,644 59,361 60,334 73,650 Total 6,813,295 6,771,348 6,208,922 5,959,375
Expenditures Labour and Related 5,333,570 5,333,570 5,126,131 4,854,404 Contracted Services 313,433 192,405 181,650 127,297 Materials and Supplies 868,500 868,531 825,028 770,569 Utilities 210,000 207,425 239,000 211,223 Administration and Other 60,000 58,742 61,691 48,141 Interest and LTD Payments 569,200 547,763 547,763 546,806 Rents and Financial 60 60 Total 7,354,763 7,208,436 6,981,323 6,558,440
Net Revenues (Expenditures) -541,468 -437,088 -772,401 -599,065 -0.298
Outside Charges Budget Actual Budget Actual % 2021 2020 2020 2019 Increase
Temiskaming Health Unit 367,698 350,188 350,188 Ambulance 770,913 729,299 729,299 Ontario Works 327,955 326,402 326,346 Social Housing 447,645 486,241 486,201 Child Care 53,337 54,448 54,456
Revenues (Expenditures) -1,967,548 -1,946,578 -1,946,490 0.01
Budget Actual Budget 2021 2020 2020
Total Town Operating Revenues (Expenditures) -17,413,433 -16,018,771 -17,737,440 -0.018
Water
Revenues 1% increase 2% increase User Fees 2,678,481 2,605,775 2,678,481 2,705,266 2,732,051 Recoveries 31,100 28,749 31,100 Penalties and Interest 10,000 20,540 10,000 Total 2,719,581 2,655,064 2,719,581 2,746,366 2,773,151
Expenditures Labour & Related 576,828 520,493 674,985 Contracted Services 743,408 652,769 686,356 Materials and Supplies 196,025 77,434 202,800 Utilities 438,500 465,564 417,500 Administration and Others 113,753 89,539 97,032 Interest and LTD Payments 28,802 28,775 28,802 Program Support 89,420 82,733 87,733 Transfers 532,845 524,373 524,373 559,630 586,415
Total 2,719,581 2,441,680 2,719,581 2,746,366 2,773,151
Waterworks
Revenues User Fees 1,894,512 1,808,656 1,894,512 1,913,457 1,932,402 Recoveries 19,953 6,929 19,953 Penalties and Interest 12,478 17,158 12,478 Total 1,926,943 1,832,743 1,926,943 1,945,888 1,964,833
Expenditures Labour and Related 588,666 277,914 382,844 Contracted Services 612,992 493,345 550,500 Materials and Supplies 75,900 22,093 53,800 Utilities 388,000 377,487 400,000 Adminstration and Others 124,454 106,661 125,120 Interest and LTD Payments Program Support 65,930 63,497 64,846 Transfers 71,001 349,833 349,833 89,946 108,891
Total 1,926,943 1,690,830 1,926,943 1,945,888 1,964,833 2021 Capital Budget Items Service Project Name Brief Description Category Type 2021 Levy/Reserve Notes Area Boiler Inspection and Insurance JMCC Chiller and Header Replacement Company of Canada will not insure Repair & Replacement Equipment $ 193,344 after this year 0 Already funded with Govt funding JMCC house local hockey artifacts share with HN Foundation Growth Buildings & Facilities 21,370 10,685 Shared 50/50 with the Foundation JMCC JMCC Signage Share with Mavrinac Family Repair & Replacement Buildings & Facilities 8,000 500 Mavrinac family to contribute $7,500 JMCC Paving of Accessible Parking Applied for funding Strategic Initiatives 59,143 Waiting for funding ?? Parks Parkland Repair Parks Reserve Repair & Replacement 7,193 7,193 Parks Vehicle Replacement Current one is 11 years old Repair & Replacement Vehicles 34,822 34,822 Replace JMCC Accessibility partnership with DTSSAB Repair & Replacement 20,000 20,000 Cemetery Zero Turn Mower For cemetery Improvement / Expansion Equipment 12,415 12,415 Replace Library Air Conditioner Over 30 years old 15,339 15,339 Needed
Fire Bunker Gear Variety of clothing Repair & Replacement 30,000 30,000 Fire Equipment day to day equipment Repair & Replacement 20,000 20,000
Admin Folder/Insertion Machine machine stuffing 11,700 11,700
MIS Wireless Infrastructure Access for all Location+D+D21:D61 7,000 7,000 Workstation Upgrades RAM & SSD upgrades 7500 7500 VMWare Cluster VMWare datacenter 153,780 153,780 Workstation Replacements Replace Windows 7 38900 38900 Layer 3 Switches Redundant Layer 3 Switches 7,900 7,900
TPR Refrigeration Replacement Old unit is 17 years old 10,800 10,800 Window & Carpet Replacement Been there for over 17 years 26,000 COVID funding HVAC System Needs Replacement Covid Funding Wheelchair Accessibility Access to Roof 4,500 Possibly COVID
Dev Vehicle Replacement Present vehicle is 14 years old 36,000 36000 37 Duncan Demolition Public Safety Issue 100,000 100,000 Random Demolition Buildings around town 50,000 50,000
574234 Town of Kirkland Lake PROJECTS ALREADY APROVED Capital Projects for 2021
Project Name item # Sum of Gov't Funding/ Sum of Gas Tax Fund Sum of Tax Levy Sum of Debt Financing/ Sum of Waterworks Sum of Wastewater Sum of Other Reserves/Sum of Other Sum of Total Asset Management sofware & Implementation Services 4 $ 29,017.00 $ 29,017.00 Chlorine Analyzer Replacement 13 $ 8,000.00 $ 8,000.00 KL water treatment Plant SCADA 17 $ 250,000.00 $ 250,000.00 Municipal Services Expansion - West End 14 $ 1,624,368.00 $ 44,774.00 $ 44,774.00 KL GOLD 500,000 $ 2,339,514.00 Storm & Sanitary TUNNEL Engineering Stury 15 $ 71,947.00 $ 71,947.00 Street Scan - Road and Sidewalk Assesment 5 $ 50,000.00 $ 16,144.00 $ 66,144.00 Swastika WPCP Decommissioning + sewer connection to KL WWTP 16 $ 5,600,000.00 $ 475,398.00 $ 2,100,000.00 $ 8,175,398.00 Two new laptop computers 23 $ 10,000.00 $ 10,000.00 Wilson Ave_Water & Wastewater Forecemain 12 $ 45,792.00 $ 45,792.00 KL Water Distribution System Modelling 10 $ 13,229.00 $ 5,600,000.00 Grand Total $ 140.00 $ 7,274,368.00 $ 117,739.00 $ 16,144.00 $ - $ 316,003.00 $ 520,172.00 $ 2,139,017.00 $ 500,000.00 $ 10,883,443.00
Projects for Review & Approval 2021
Project Name Item # Sum of Gov't Funding/ Sum of Gas Tax Fund Sum of Tax Levy Sum of Debt Financing/ Sum of Waterworks Sum of Wastewater Sum of Other Reserves/Sum of Other Sum of Total Comfort Steet Treatment Plant/Pump Station (OCWA) 6 $ 40,704.00 $ 40,704.00 KL Wastewater System (OCWA) 1 $ 160,781.00 $ 160,781.00 New 2021 half ton pickup - 4wd 22 $ 50,000.00 $ 50,000.00 Nipissing Lane Resurfacing 27 $ 134,224.00 $ 134,224.00 Tactile Plates 26 $ 45,221.00 $ 45,221.00 TKL Water Treatment Plant - High Lift & Post Treatment (OCWA) 3 $ 40,704.00 $ 40,704.00 TKL Water Treatment Plant - Raw water Pre-Treating (OCWA) 2 $ 191,309.00 $ 191,309.00 Two (2) new Radar Signs 7 $ 9,258.00 $ 9,258.00 Wastewater Pump Station (OCWA) 8 $ 105,830.00 $ 105,830.00 Waterworks Enclosed Cargo Trailer 25 $ 30,093.00 $ 30,093.00 1 new Backhoe with accessories 18 $ 175,000.00 $ 175,000.00 New Truck Box (Hopper) 20 $ 9,375.11 $ 23,838.89 $ 33,214.00 Grand Total $ 266.00 $ - $ 179,445.00 $ 243,633.11 $ - $ 232,013.00 $ 307,315.00 $ - $ 53,931.89 $ 1,016,338.00 Town of Kirkland Lake Reserve Fund Projections for the Year 2021
Reserves Opening Transfers TO Transfers FROM Projected Balance
Centennial Committee $ 64,923 $ 64,923 Infrastructure Capital 476,792 $ 476,792 Kirkland District Health Centre 56,691 $ 56,691 Org. Restructure and Efficiency 284,541 39,017 $ 245,524 Other 225,662 $ 225,662 Working Capital 2,179,324 $ 2,179,324 TOTALS $ 3,287,933 - 39,017 $ 3,248,916
Reserve Funds Opening Transfers TO Transfers FROM Projected Balance
Archer Drive $ 203,256 $ 203,256 Employees' Acc. Sick Leave 69,731 $ 69,731 Health Unit 231,724 $ 231,724 Kinross Park Maintenance 7,745 $ 7,745 Life Cycle Replacement 153,093 $ 153,093 Parkland 99,392 7,193 $ 92,199 Residential Development 20,325 $ 20,325 Wastewater Capital Projects 1,135,910 827,487 $ 308,423 Waterworks Capital Projects 1,212,534 548,106 $ 664,428 TOTALS $ 3,133,710 - 1,382,786 $ 1,750,924
Obligatory Reserve Funds Opening Transfers TO Transfers FROM Projected Balance
Gas Tax $ 1,423,964 1,129,780 $ 294,184 OCIF 1,530,974 608,544 2,100,000 $ 39,518 Main Street Revitalization - - TOTALS $ 2,954,938 608,544 3,229,780 -$ 274,842
Page 1
MEMORANDUM TO COUNCIL
Meeting Date: 01/06/2021 Memorandum Number: 2021-CAO-009M
Presented by: Don Studholme Department: CAO
MEMORANDUM TITLE
ONR Passenger Train Service
RECOMMENDATION(S)
BE IT RESOLVED THAT Memorandum Number 2021-CAO-009M entitled “ONR Passenger Train Service” be received, and THAT staff be directed to forward to the ONR a list of issues around the train not stopping in Kirkland Lake to pick up or drop off passengers
BACKGROUND
Kirkland Lake is the third largest municipality north of North Bay behind Timmins and Temiskaming Shores. We have always been a major contributor to the passenger train service, but the way that ONR has set up their new service there will be no service to Kirkland Lake. We realize that the ONR has torn down the train station in Kirkland Lake (Swastika) this past year, but a small depot where the old station was would eliminate the problem for our municipality. There would be minimum cost to the ONR to build this and would provide Kirkland Lake with the ability to have a passenger stop. The present advice from the ONR is to use the bus and go to the next train station (Englehart) to use the service. This is not a service that most people in Kirkland Lake would want or use and would have no impact on the passenger totals. If the ONR is looking at improving the totals for passenger numbers then they are missing the boat and forcing people in Kirkland Lake to use two different services to get to Toronto. The people of Kirkland Lake deserve to have access to the passenger train service and Council should send a memo to the ONR and ask to meet with the executive to express our thoughts.
MEMORANDUM TO COUNCIL
Meeting Date: 01/06/2021 Memorandum Number: 2021-CLK-016M
Presented by: Meagan Elliott Department: Corporate Services
MEMORANDUM TITLE
2021 AMO Delegation Requests
RECOMMENDATION(S)
BE IT RESOLVED THAT Memorandum Number 2021-CLK-016M entitled “2021 AMO Delegation Requests” be received, and THAT staff be directed to submit a request for delegations on the following topics: (to be decided by Council)
BACKGROUND
The Association of Municipalities of Ontario (AMO) will host its annual AMO Conference, August 16-18, 2021. The event will be virtual as it was in 2020 with plans of presenting an impressive lineup of speakers, policy workshops, networking sessions, and an opportunity for Members of Council to connect with Ministers on local matters.
RATIONALE
Attachment 1 outlines the delegation requests to the 2020 AMO conference. The submission due date for 2021 requests is June 4th. Some potential topics for submission are: - Connecting Link - Opioid Crisis (Pinegar) - Long-Term Care Funding Timelines Staff are looking for further discussion and direction to finalize what Council would like submitted.
ATTACHMENTS
Attachment 1 – 2020 AMO Delegation Requests 2020 AMO Delegation Requests
Minister Subject Briefing Honourable Steve Clark Smart City Recommendation: Municipal Affairs and Housing Technology – Integrated Systems The Town of Kirkland Lake respectfully recommends that the Province & Reporting engage stakeholders to determine the challenges faced and that consideration be given to developing an integrated all encompassing Kirkland Lake - municipal system that captures the broad range of financial reporting Contribution to the requirements with existing general ledger data and operational process Provincial Economy platforms. This system should also capture statistical reporting requirements and be utilized as the system of record for all reporting requirements, including KPI’s.
Such a system would allow for more timely reporting and better utilization of resources. It would create significant efficiencies in interactions between municipal staff and public service employees, as well as provide greater opportunity for statistical analysis over a broad range of categories.
Honourable Merrilee Fullerton Long Term Care Recommendation: Minister of Long-Term Care Funding – Leveling the Playing Field With the ending of the Structural Compliance Premium in March 2020, the Town will reach out to our Local Health Integration Network representative Kirkland Lake - to determine if there are other funding opportunities. Contribution to the Provincial Economy Honourable Sylvia Jones Community Safety Recommendation: Solicitor General and Well Being Plans The Town of Kirkland Lake respectfully recommends the following: Provide Choice. Municipalities who wish to create a Plan, should Kirkland Lake - create a Plan. Municipalities who do not wish to create a Plan will Contribution to the not be legislated to do so, and/or Provincial Economy Make it the responsibility of Health Units to create the Plans. This decision would be more in line with Health Unit mandates and the reason Health Units exist.
Honourable Caroline Mulroney Connecting Link Recommendations: Minister of Transportation and Funding Minister of Francophone Affairs The Town of Kirkland Lake respectfully requests that the Province of Kirkland Lake - Ontario advise the Town of Kirkland Lake how the Town may improve the Contribution to the Connecting Link Program Funding application submissions and what Provincial Economy areas would be of greatest importance and priority from the Province’s standpoint to improve Route 66 in the Town of Kirkland Lake.
Honourable Jeff Yurek Landfill Attenuation Recommendation: Minister of Environment, Zone Conservation and Parks The Town of Kirkland Lake respectfully recommends the following: Kirkland Lake - Contribution to the MENDM, MNRF, MECP and MGCS work together to develop a Provincial Economy solution for the Town to proceed with the purchase of unpatented crown land surrounding the municipal landfill site.
Honourable Lisa MacLeod Museum of Northern Recommendation: Minister of Heritage, Sport, History Agreement – Tourism and Culture Industries Municipal The Town of Kirkland Lake respectfully requests the Province’s Divestiture assistance to arrange a renegotiation of terms or dissolution of agreement with Ontario Heritage Trust regarding the financially unsustainable Kirkland Lake - occupancy and upkeep of the Sir Harry Oakes Chateau. Contribution to the Provincial Economy Multiple Kirkland Lake - Recommendation: Contribution to the Provincial Economy The Town of Kirkland Lake respectfully requests that the Minister take a few minutes from a hectic Delegation Schedule to hear about the positive contributions Kirkland Lake makes to the Provincial economy and discuss how the Town and the Province can work together to make Ontario the best that it can be.
REPORT TO COUNCIL
Meeting Date: 01/06/2021 Report Number: 2021-DEV-022
Presented by: W. Hass Department: Development Services
REPORT TITLE
Municipal Accommodation Tax
RECOMMENDATION(S)
BE IT RESOLVED THAT Report Number 2021-DEV-022 entitled “Municipal Accommodation Tax” be received, and THAT staff be directed to begin the process of implementing the Municipal Accommodations Tax as per the process outlined in this report, and inclusive of any additional steps directed by Council.
BACKGROUND
In 2017, the Province enacted Bill 127, Stronger, Healthier Ontario Act, 2017 providing single and lower tier municipalities the authority to levy a transient accommodations tax (also known as Municipal Accommodation Tax or MAT) on all short term accommodation providers within their jurisdiction. According to Government communications, the change to legislation was made to reflect the importance of tourism while acknowledging the need of Ontario municipalities to raise additional revenue. To this end, Regulation 435/17 outlines revenue sharing formulas based on whether a Destination Marketing Program (DMP) exists in a municipality on the day before the MAT comes into effect. If a DMP does not exist on the day before the tax comes into effect, the municipality must annually remit at least 50 per cent of the net revenue, minus reasonable administrative costs for the fiscal year, to an eligible tourism entity for tourism marketing. The remaining 50 per cent of the funding, the municipal portion, is unrestricted and may be allocated to municipal programs and services as determined by the municipality. However, most municipalities collecting MAT have allocated this portion of the tax to a tourism development or reserve fund dedicated to tourism related initiatives and infrastructure.
In July 2019, staff presented a report to Council introducing the MAT. Staff were directed to consult with the public and accommodation providers to introduce the MAT. In April 2020, the Chief Administrative Officer at that time directed that the MAT issue be suspended, reflecting the uncertainty created by the COVID -19 pandemic. At the May 4 2021 meeting of Council, staff were directed to continue the process of looking into implementing the Municipal Accommodation Tax, and present a report providing a timeline on progress.
RATIONALE
Implementing the MAT involves a number of steps. These do not necessarily have to occur sequentially. Implementation would ideally occur against a backdrop of ongoing consultation with the public industry and stakeholders to ensure that a shared vision drives the process and defines the desired results. Decide the parameters of the MAT1: o Define what properties will be included in the MAT i.e. bed and breakfasts, Air BnBs)? Develop inventory of taxable properties o Establish the amount to be levied (4% is the norm); o End use of revenue collected (for municipal portion and, ideally, through partner entity) o Establish the administrative fee. Ontario Regulation 435/17 (5) allows municipalities to collect a fee for the costs associated with administering the tax. Many charge an administration fee of 5% of the total MAT revenue, payable to offset costs related to administration o Establish collection and remittance process o Establish measures to deal with non-compliance (i.e. fines, legal enforcement such as garnishments, liens, seizures, sale of property as well as additions to the property tax account) Define the eligible tourism entity that will partner with the municipality. Possibilities potentially include the Chamber of Commerce, Golden Corridor Snow Drifters, etc. 2
1 Some municipalities have contracted third parties to act as the agent for the municipality for the collection of funds from the Municipal Accommodation Tax, such as the Ontario Restaurant Hotel & Motel Association (ORHMA) All costs for collection and administration of the tax will be funded from the tax proceeds. This is an option (interim perhaps) as it will provide for ease of implementation in a cost effective manner (to be confirmed). ORHMA has experience with collecting similar taxes in other municipalities, already has a relationship with the accommodation providers and has a system already developed.
Town of Kirkland Lake – Report to Council – Municipal Accommodation Tax Page 2 of 6
o Collectively determine how the MAT revenues will be used by the partner entity (i.e. tourism promotion, product development, major event attraction and other strategic initiatives), and how the funds will be accounted for and administered. o Formalize the results in a partnership agreement o Create stakeholder communication and engagement process Establish Bylaw authorizing Municipal Accommodation Tax. This must address many of issues raised above, for example: o Subject of the tax to be imposed; o Tax rate or amount of tax payable; and, o Manner in which the tax is to be collected (i.e.: Designation of agents authorized to collect for municipality or collection obligations of agents require to collect the tax). o Exemptions, rebates, penalties for failing to comply with the By-law; o Interest on outstanding taxes or penalties; o Audit and inspection powers; o Dispute resolution mechanisms; o Collection enforcement measures; and, o Other matters Council considers appropriate. Advise accommodation providers of MAT. Advisement should include registration form as well as sample tax return. Council may wish to consider creating a Municipal Accommodation Tax Development Fund as well for the 50% of the proceeds from the Municipal Accommodation Tax that remains with the municipality. That would allow the money to be set aside in support of tourism related infrastructure projects, or as Council directed. Projecting a timeline for implementation is difficult. Ideally, the steps noted above could be completed in two to three months with a start date shortly thereafter. Realistically, the challenges the Corporation faces in terms of personnel and system changes as well as competing priorities in 2022 (i.e. asset management planning, elections) etc.) would make that projection difficult to meet. The impact the COVID pandemic has had on the
2 NOTE: At this point, no discussions have taken place with any entities. Alternatives are non-local entities, or setting up a municipal not for profit corporation. The latter will likely delay the implementation timeline.
Town of Kirkland Lake – Report to Council – Municipal Accommodation Tax Page 3 of 6
accommodations sector is also a factor to be considered, but one that could possibly be addressed through a graduated implementation (i.e. 2% year one, 4% year two).
OTHER ALTERNATIVES CONSIDERED
Status Quo – do not implement a MAT. The Municipality does have the option to not implement a MAT if it so chooses. The possible pros and cons of this option are: Visitors would not have to pay an additional tax i.e.: $4 per $100/room fee, thus maintaining or contributing to the provider’s competitive position vis a vis regional competitors. Existing contribution from hotels to the snowmobile club may continue (collection limited to visiting sledders). Lost opportunity to generate approximately $220,0003 in new revenue per year to attract visitors, and promote the community. Some regional municipalities are collecting a MAT. If a tax is not implemented in then KL would not have comparable resources to market and provide incentives to generate more economic impact for local attractions, hotels, restaurants and events. This would be a competitive disadvantage the municipality. Implement the MAT and direct 100% of funds to tourism related destination development initiatives as follows: a. Fifty per cent of the funds are provided to enhanced tourism promotion and development through a tourism entity (as per regulation). b. Direct the 50 per cent municipal portion of the funds to destination development and tourism related initiatives. The possible pros and cons of this option are: Establishes ‘core’ tourism funding that can be used for new and enhanced tourism related initiatives; something that the Town has not historically had. o Municipal portion could be allocated to initiatives that have some correlation to tourism such as recreation, culture, collaborative marketing, event hosting, way-finding, product development, etc. o MAT funding could be made available to local groups to leverage additional funding from the senior levels of government to host initiatives, similar to or as an extension of the Community Grant program.
3 For illustrative purposes only. Based on 215 rooms at 50% occupancy; $140/night at 4% MAT over 365 days. Calculation limited to MicroTel, Comfort Inn, Super 8. Actual would be different based on additional facilities, room rate, occupancy rate, etc.
Town of Kirkland Lake – Report to Council – Municipal Accommodation Tax Page 4 of 6
o MAT funding could be used to offset tourism infrastructure costs (i.e. signage, facility construction and improvements), thereby reducing burden on general levy. Provincial rationale for enabling MAT was to provide new revenue to tourism organizations to generate more economic impact such as increases in meeting and conference bookings, accommodation room occupancy, gate admissions at attractions and events and dining at restaurants. During the consultations, public feedback indicated that the preference was for the Town to use revenues to financially support the tourism industry due to the community benefits of new events, high property taxes. If MAT legislation were to be rescinded in future it may be challenging to find comparative municipal funding to replace MAT revenues. Implement the MAT and direct funds as follows: a Fifty per cent of the funds are provided to enhanced tourism promotion and development through a tourism entity (as per regulation). b. The municipal portion of the funds (50 per cent) be directed to general revenues of the Municipality. The possible pros and cons of this option are: Would result in reduction of operating and/or capital budget costs in selected areas. Funding would be available for projects that would benefit both visitors and residents. Provincial rationale for enabling MAT was to provide new revenue to tourism to generate more economic impact such as increases in meeting and banquet bookings, accommodation room occupancy, gate admissions at attractions and events and dining at restaurants. During the consultations, public feedback indicated that the preference was for the Town to use revenues to financially support the tourism industry due to the community benefits of new events, high property taxes.
FINANCIAL CONSIDERATIONS
The MAT would result in additional revenues for the municipality, but calculating the actual impact is not realistic until the rate is set and accurate market information is in hand.
Town of Kirkland Lake – Report to Council – Municipal Accommodation Tax Page 5 of 6
RELATIONSHIP TO STRATEGIC PRIORITIES
Aim for Financial Sustainability Implement Sustainable Service Delivery Invest in KL
ACCESSIBILITY CONSIDERATIONS
Not applicable
CONSULTATIONS
CAO Clerk Accommodation providers
ATTACHMENTS
Attachment 1 – https://www.ontario.ca/laws/regulation/170435 Attachment 2 - MAT Frequently Asked Questions Attachment 3 - Summary of Public Comments Received February 19, 2020 Attachment 4 - Sample Bylaw Authorizing MAT Attachment 5 - Sample Partnership Agreement Attachment 6 - Sample Letter to Accommodation Providers Introducing MAT, Establishment Registration Form, MAT Tax Return Attachment 7 – Ministry of Tourism, Culture an d Sport MAT Advisory Letter 2017
Town of Kirkland Lake – Report to Council – Municipal Accommodation Tax Page 6 of 6 FREQUENTLY ASKED QUESTIONS
For Accommodation Providers
General
What is the Town of Kapuskasing’ Municipal Accommodation Tax (MAT)?
The Municipal Accommodation tax is a fee imposed (up to 4%) on the cost of accommodations lasting 30 days or less. The MAT applies to the accommodation charge and does not apply to other associated charges, such as meals or room incidentals, provided that these amounts are itemized separately on the invoice.
When do I start collecting the MAT?
The MAT must be collected beginning July 1, 2019.
What is the authority to charge the MAT?
The municipality is authorized per section 400.1 of the Municipal Act, 2001 and Ontario Regulation 435/17 to establish and to collect the MAT. Town of Kapuskasing By-law No. 4313 provides for mandatory collection and remittance of the Municipal Accommodation Tax.
What is the purpose of the MAT and how will the revenue be utilized?
The Town is required to pay 50 per cent of the net MAT revenue to an eligible tourism entity to be used to promote tourism, including product development. Council will designate the eligible tourism entity to receive and spend these funds in the near future.
The remaining 50 per cent of the net revenue will be transferred to a reserve fund to be used as Council directs.
Applicability and exemptions
What accommodations are affected by the MAT?
Accommodation providers, including hotels, motels, motor hotels, lodges, inns, resorts, bed and breakfast, Air BnBs , yurts, cottages, glamping tents or other establishments providing transient lodging in all or part of a dwelling are required to collect and remit the Municipal Accommodation Tax on accommodations of thirty days or less. For clarity:
Hospitality rooms and meeting rooms that do not contain a bed are not considered accommodations and would not be subject to the MAT.
Amenity fees and service charges including meals, room incidentals, valet services or parking are not subject to the MAT, provided they are separately itemized on the invoice.
What accommodations or purchasers are exempt from the MAT? (items below are summarized)
Accommodations: For a period of more than 30 consecutive days by the same person
Provided by a university or college
Provided by hospitals, long term care facilities, retirement homes and hospices
Provided by shelters, treatment centers and lodging of reformation of offenders
Provided at tent and trailer sites
Supplied by employers to their employees in premises operated by the employer.
Purchasers
Province of Ontario
School Boards
Please refer to the MAT By-Law No. 4313 for the complete list of exemptions.
What if I give a discounted rate for an overnight accommodation? What is the rate that the MAT is to be collected on?
The MAT is charged on the rate that is paid by the guest and therefore the MAT fee (%) would be applied on the discounted rate.
What if I have long term contracts with businesses that exceed 30 days, even though the business may authorize its employees to stay for various periods of time less than 30 days?
MAT applies to purchasers that utilize the accommodation for 30 consecutive days or less. The purchaser, per the MAT by-law, is the guest in the room and therefore the MAT would apply and must be collected.
What if I have existing contracts with businesses with a fixed room rate?
MAT applies to accommodations purchased on or after July 1, 2019. MAT applies even if provided through a corporate contract.
Purchaser invoicing information
Do I need to disclose the MAT on the invoice or receipt that is provided to the Purchaser?
Yes, include on every bill, receipt, invoice or similar document for the purchase of Accommodation, a separate item identified as “Municipal Accommodation Tax” showing the rate at which the MAT is calculated (%) and the amount of the MAT imposed.
Is HST charged on the MAT?
If the provider is registered for HST, the accommodation provider is responsible for collecting and remitting the HST on the entire charge including the MAT and remit the HST directly to CRA. Contact the Canada Revenue Agency or your advisers if you have further HST questions.
Is the MAT applicable to guests that do not show up for their reservation? If a guest is charged for accommodation (no-shows included) the MAT is to be collected and remitted. If the guest is not charged for the accommodation but is required to pay a cancellation fee, the MAT would not apply to the cancellation fee.
What revenue does MAT apply to if I charge a fee that includes accommodation and meals (i.e. bed and breakfast)?
The accommodation Provider would be responsible to allocate the revenue between the overnight accommodation and other services, amenities or other charges separately on the invoice and collect and remit the MAT on the overnight accommodation portion of the fees. If the fees are not separately listed on the invoice, the MAT will apply to the entire invoice.
Can I deduct commission paid to a third party who collected the booking from the room revenue used to calculate the MAT?
No, the revenue to be used to calculate the MAT is the Purchase Price of the accommodation. Costs incurred to secure or provide the accommodation are not deductible.
Collection and remittance
How do I report the MAT that I collected?
You must complete the MAT Remittance Report on a monthly basis. These can be submitted via email at [email protected]. The Report includes due dates.
When do I have to submit my Report to the Town on the MAT I collected?
You are required to submit a Municipal Accommodation Tax Remittance Report at the end of each month for the MAT collected in the previous month. For instance, the Remittance Report for MAT collected in September will be due no later than October 15.
How do I remit the MAT that I collected?
Payment to the Town can be made via the following methods:
Electronic Funds Transfer (EFT):
Banking information will be provided by our Accounting Department. All payment notices should be sent to [email protected].
By Mail
Town of Kapuskasing Accounts Receivable 88 Riverside Drive Kapuskasing, ON P5N1B3
Payments must be received in our office by the 15th of the following month. Please allow sufficient time for mail delivery.
In Person
Town of Kapuskasing Civic Centre (cash, cheque, visa, debit) 88 Riverside Drive, Kapuskasing, ON P5N1B3
Please make cheques payable to “Town of Kapuskasing”
Payments which are returned will be subject to a dishonored payment fee in accordance with the Town’s Set Fee Schedule.
What happens if I am late in submitting my payment for MAT collected?
Any late or incomplete remittances will be charged an interest rate of 1.25 per cent per month in accordance with the Town’s Collection Policy.
What if a refund was issued to a guest after submitting the return? Adjustments from prior reporting periods can be made in the period the refund was returned.
What if I did not collect any Municipal Accommodation Tax in the reporting period?
If no MAT was collected you will still be required to submit the Remittance Report indicating that no MAT was collected in the reporting period.
Will the Town have an audit process to verify monthly Remittance Reports from the Providers?
The Town and/or its agent has the authority to inspect and audit all books, documents, transactions and accounts of accommodation Providers. Accommodation Providers must keep books of account, records and all documents related to the sale of accommodations, amount of the Municipal Accommodation Tax collected and remitted to the Town for a period of seven years.
Why do I need to complete an Establishment Information Sheet?
The Establishment Information Sheet will be used by the Town to set up your establishment name, address and contact information correctly in our accounting system and provide you with a customer ID. This customer ID will then be used to associate your monthly remittances and payments with the proper establishment.
Why are you asking for the average daily rates for the previous year?
If the MAT Remittance Report is not completed and submitted when due, the Town will assess the MAT based on the average daily rate provided on the Establishment Information Sheet multiplied by the number of accommodations available each day during the period which the remittance was due as though all the accommodations had been purchased throughout the period.
Transition questions
Do I have to charge the Municipal Accommodation Tax if a guest has booked their stay prior to July 1, 2019, when the MAT is implemented?
If the accommodation was booked and paid for prior to July 1, 2019 the MAT is not applicable. If the accommodation was booked before July 1, 2019 but paid for on or after July 1, 2019, the MAT is to be charged, collected and remitted.
If a guest's stay begins prior to July 1, 2019 and ends after July 1, 2019, do I charge the MAT when their stay begins?
The MAT must be charged starting July 1, 2019 only. The MAT is not to be applied to any nights prior to July 1, 2019.
If a guest puts a deposit to hold a room prior to July 1, 2019 for a booking July 1, 2019 or later, does MAT apply?
Yes, if final payment for room occurs on or after July 1, 2019 MAT applies to the accommodation rate, regardless of any deposits made. If the deposit is applied to the purchase price of the accommodation provided on or after July 1, 2019 MAT will apply to the purchase price, including the deposit.
When is my first remittance due?
The MAT collected for the month of July must be reported to the Town by August 31 and the related payment must be included with the report.
For Accommodation Purchasers (Guests)
What is the Municipal Accommodation Tax (MAT)?
The Municipal Accommodation Tax is a fee (up to 4%) imposed on accommodations of 30 consecutive days or less. The commencement date of the MAT is July 1, 2019.
How is the MAT applied to the Purchase Price of accommodations?
The fee is only applied to the purchase price of the accommodation (i.e. room fee) and it does not apply to amenity fees or service charges.
Is the payment of the MAT optional?
No, the MAT is mandatory. It must be paid at the same time you are paying the accommodation provider.
Why do I have to pay the MAT?
Payment of the Municipal Accommodation Tax is mandatory and is authorized by By-law No. 4313 of the Town of Kapuskasing.
If I’m travelling for medical purposes, do I have to pay the MAT?
Yes, there is no exemption from the MAT for medical related travelling. Some accommodation establishments may offer compassionate rates that are applied at their own discretion.
The Ontario Ministry of Health & Long-Term Care provides funding through the Northern Health Travel Grant for eligible applicants, based on the distance to their closest medical specialist or Ministry funded health care facility able to provide the required health care services.
For more information visit the Northern Health Travel Grants website.
Do I still need to pay the MAT if I do not show up for the reservation?
If you are charged for the accommodation whether or not you actually occupy it, then MAT will apply. If you do not cancel your room reservation and you are charged for accommodation (no-show included) the MAT will be charged. If you are not charged for the accommodation but subject to a cancellation fee, the MAT would not apply.
What happens with the money collected through the MAT?
Fifty per cent of the net revenue from the MAT will go to the municipality. The other 50% of the net revenue will go to a not for profit tourism entity which will be confirmed by mayor & council at a later date.
Municipal Accommodation Tax Public Consultation - February, 2020 – Comments Received
Property taxes are already too high (KL MicroTel second highest taxed facility in Canada in Wyndham chain); can’t afford additional taxation of any sort. This will make us very uncompetitive.
I hope this applies to locums, and mine people staying in short term stay apartments too, like at the old DVA, Sandstone, Park Lane, etc. Who will audit these providers? Is the town able to do that?
Not in favour of MAT or against it right now, but would like to see a plan as to how it would be spent to benefit the town . Who decides what the revenue gets spent on? Who administers it? Who audits the short term rental properties to make sure reporting is accurate?
This would deter investing and entrepreneurialism in KL. Some communities have exceptions for Bed and Breakfasts if the owners live on the property as well. This should be considered.
Occupancy rate of 63% is laughable. And you don’t see hotel busy 7 days out of 7. Have seen occupancy in KL hover near 23% in some months, even during KL good times. Even with Number four shaft construction, occupancy in excess of 55% on a continued basis was rare.
We would really like to see more consultation with the business sector as a whole in KL.
Want to see all revenue stay in KL.
Because you can levy the MAT doesn’t mean you should; is this tax creep?
This contradicts the whole idea of business attraction and retention.
This will have a negative impact on snowmobile tourism, which is basically the only tourism we have. Hotels now give a % of room sales to sledders to the Golden Corridor Snowdrifters. That will have to stop.
What tourism? People came here when the Festivals Committee put on major events. But beyond that and snowmobiling, there really isn’t anything to attract someone to visit KL. Yes, you pay the MAT in other places but there is something to see and do there. If that existed in KL, we would support a MAT. But here is mostly business travelers.
KL has tourism potential. Some people like to explore small towns. Maybe that can help drive up occupancy to higher levels.
It is true that the MAT is collected from the visitor and not from the accommodation provider. But if it increases prices and increased prices lead to less visitation, it means less people in our restaurants, less staff, etc.
We are out of the way and off the travelled path. Already difficult to attract people to stay. Yes, there is a bit of a captive market, people coming to KL to work for local industries. But it is not as big as people make it out to be. The MAT is an additional cost and the additional costs borne by Contractors are passed on to the local business client. But higher costs affect contractors’ bid price too. Overall cost of business goes up in the long run for everyone.
Ministry of Tourism, Ministère du Tourisme, Culture and Sport de la Culture et du Sport
Minister Ministre
9th Floor, Hearst Block 9e étage, édifice Hearst 900 Bay Street 900, rue Bay Ont¿rio Toronto, ON M7A 2E1 Toronto (Ontario) M7 A 281 Tel: 416 326-9326 Té1. : 416 326-9326
November 24,2017
Dear tourism partner:
As you know, in response to the requests from the municipal sector, lhe 2017 Budget granted municipalities the authority to implement a tax on transient accommodations, should they choose to do so. I am writing to let you know that the relevant legislative changes will come into effect on December 1,2017.
The new regulations will provide municipalities with the flexibility to determine the design, administration and collection of the tax. The regulations also recognize the importance of tourism in Ontario communities by maintaining funding to existing tourism organizations that have benefitted from Destination Marketing Fees (DMF) in the past.
While we support the efforts of municipalities to raise additional revenue, we have been clear that municipalities who chose to introduce a tax on transient accommodation must do so in a way that ensures we can maintain a stable, vibrant tourism environment.
These legislative changes will give singletier and lower-tier municipalities the ability to implement a tax on transient accommodations by enacting the appropriate by-laws. This will include a number of requirements:
a Municipalities will be required to share the revenues with not-for-profit tourism organizations, such as RegionalTourism Organizations or local Destination Marketing Organizations.
a Where a DMF program existed in a municipality prior to the imposition of the tax, the municipality will generally be required to share the greater of: o the total amount of DMP revenues received by the tourism organization under a DMP from accommodations in the municipality, in the fiscal year before the tax came into effect, or o the amount paid by the municipality to the tourism organization in the previous year, adjusted by a 1O-year rolling average of the annual percentage change in Ontario's total tourism receipts, subject to a 2-year lag.
t2 -2-
a Where no formal DMF exists, at least 50 per cent of the revenues from the tax less the municipality's reasonable costs of collecting and administering the tax must be shared with an eligible tourism organization.
a The rules set out a minimum amount of tax revenue sharing that must occur, but in no case do the regulations require municipalities to share more tax revenue than they collect.
Based on consultations with the tourism industry, a number of changes were made to the regulations. These include expanding the definition of tourism promotion to include tourism development, and ensuring that amounts transferred from hotel associations to tourism organizations out of reserves of DMF revenues built up prior to the introduction of a tax, will not be deducted from the amounts to be shared by municipalities in years that a tax is in effect.
Ontario's tourism industry is a significant economic driver that helps create good, sustainable jobs across the province. lt is important that the municipality and the local tourism industry continue to work together to ensure that it is implemented in a way that benefits both parties. We also expect both parties to balance this new authority with the need to protect consumers and ensure their regions remain competitive tourism destinations.
The final regulations balance the interest of the tourism sector and municipal requirements.
Our government is a great supporter of Ontario's tourism industry, and we look fon¡vard to continuing our work with you to grow tourism in the province.
Allmy best,
Eleanor McMahon Minister
REPORT TO COUNCIL
Meeting Date: 01/06/2021 Report Number: 2021-DEV-024
Presented by: W. Hass Department: Development Services
REPORT TITLE
FedNor Application for Funding - Biomass Availability Study
RECOMMENDATION(S)
BE IT RESOLVED THAT Report Number 2021-DEV-024 entitled “FedNor Application for Funding - Biomass Availability Study” be received, and THAT staff be directed to submit an application for funding to the Federal Economic Development Initiative for Northern Ontario (FedNor) in support of a study to conduct a biomass availability study.
BACKGROUND
Staff recently submitted a stage one application to FedNor to determine if the agency would consider financially supporting a biomass availability study. FedNor has confirmed that such a project is eligible, and has invited the municipality to proceed to a stage two application. A stage two application details the proposed project and formally requests funding support. In order to submit it, the application must include a supporting resolution from Council. Should the stage two application be successful, staff will request a bylaw authorizing the municipality to enter into a legal agreement with the Federal Government. The proposed study seeks to quantify and qualify the woody biomass available in the district and the considerations that would affect access and the feasibility of using such stock for the production of alternative forest products, energy, etc. .
RATIONALE
The emphasis being placed on energy alternatives and managing climate change has led to an increased interest in biomass to energy opportunities across the north. This will accelerate with the recent release of the Province’s Forest Biomass Action, which
examines innovative uses of forest biomass: mill by-products and other wood matter with applications from heat and power generation to sustainable, low-carbon consumer products, and the Forest Sector Investment and Innovation Program (FSIIP) which provides funding for strategic investments in the forest sector. This study will help ensure that the municipality has the baseline information it needs to respond to opportunities as they arise.
OTHER ALTERNATIVES CONSIDERED
Council could deny this request. In this case, proponents would be responsible for conducting their own availability studies. That adds to the expense of a project, and keeps the findings out of the public domain. No having the study, or not having it available to us limits the Town’s ability to market itself to this growing industry.
FINANCIAL CONSIDERATIONS
Preliminary estimates indicate that total project costs would be $60,000. The Town historically applies for 90% funding from the senior levels of government. A stage one application has been submitted to the Northern Ontario Heritage Fund Corporation (NOHFC) but no indication has been received on whether the NOHFC deems it eligible. Should they not, we will request additional funding support from FedNor.
RELATIONSHIP TO STRATEGIC PRIORITIES
Invest in KL Leverage Existing Strengths Build Capacity & the Ability to Execute Economic Development in Kirkland Lake Encourage retention and attraction of businesses in Kirkland Lake
ACCESSIBILITY CONSIDERATIONS
Not Applicable
CONSULTATIONS
CAO
ATTACHMENTS
Attachment 1 - https://news.ontario.ca/en/release/1000077/ontario-releases-draft-forest- biomass-action-plan Attachment 2 - https://www.ontario.ca/page/forestry-sector-investment-innovation- program
Town of Kirkland Lake – Report to Council – FedNor Application for Funding - Biomass Availability Study Page 2 of 2
REPORT TO COUNCIL
Meeting Date: 01/06/2021 Report Number: 2021-CS-013
Presented by: Bonnie Sackrider Department: Community Services
REPORT TITLE
Award of RFP 564-21 Arena Refrigeration Retrofit
RECOMMENDATION(S)
BE IT RESOLVED THAT Report Number 2021-CS-013 entitled “Award of RFP 564-21 Arena Refrigeration Retrofit” be received, THAT Council hereby awards the contract to complete Arena Refrigeration Retrofit for the Town of Kirkland Lake to Northland Group of Companies in the amount of $163,254.75 + HST, THAT staff is hereby authorized to approve additional work as part of the Arena Refrigeration Retrofit that corresponds to approved items in the agreement, THAT the required monies in the amount of $203,191.00 be allocated from the Investing in Canada Infrastructure Program (ICIP) Grant Fund, and
THAT staff be directed to present a bylaw to authorize the execution of an agreement with Northland Group of Companies to conduct Arena Plant Refrigeration upgrade for the Town of Kirkland Lake.
BACKGROUND
On April 8, 2021, the municipality received approval from the Infrastructure Program Delivery Branch of the Province of Ontario that the application for funding for Retrofit of the Ice Plant at the Joe Mavrinac Community Complex under the ICIP COVID-19 Resilience Infrastructure stream was successful and that 100% funding for the project would be received in the amount of $203,191.00. RFP submissions on the project were due on May 26th.
RATIONALE
Evaluation criteria was based on the following four areas: Financial (50%) Experience (35%) Refrigeration Mechanics (10%) Value Added (10%) Total 100%
Two submissions were received and the scores based on the decision matrix in the RFP are as follows:
Northland Group of Cimco Refrigeration Companies
Score as a percentage 92 90
Northland received the highest score and proposed the lowest price.
OTHER ALTERNATIVES CONSIDERED
Staff are confident that Northland Group of Companies will result in the most efficient and effective utilization of the ICIP funds awarded to the Municipality.
FINANCIAL CONSIDERATIONS
The grant awarded allows for 100% funding of the approved project.
RELATIONSHIP TO STRATEGIC PRIORITIES
This project meets the areas of Focus of Aim for Financial Sustainability and Better Management of Capital Assets in the pillar of Achieve Sustainable Operational Excellence in the Town of Kirkland Lake’s 2020- 2024 Strategic Plan.
ACCESSIBILITY CONSIDERATIONS
Not applicable
CONSULTATIONS
Chad Fong, Maintenance Coordinator
ATTACHMENTS
Attachment 1 – RFP Opening Notes
Town of Kirkland Lake – Report to Council – Award of RFP 564-21 Arena Refrigeration Retrofit Page 2 of 2
THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 21-038
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE CULVER PARK OPERATING AUTHORITY
WHEREAS the Culver Park Operating Authority Inc. has been operating the Culver Park Campground since 1994;
AND WHEREAS the Culver Park Operating Authority Inc. wishes to continue to operate the park;
AND WHEREAS the Corporation of the Town of Kirkland Lake deems it to be desirable to enter into a lease agreement with the Culver Park Operating Authority Inc.;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
1 THAT That the Mayor and Clerk be and they are hereby authorized to execute an agreement with The Culver Park Operating Authority to operate Culver Park of which agreement is attached and marked as Schedule ‘A’ to this bylaw.
2 THAT By-law 05-021 and any predecessors be repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF JUNE, 2021.
Pat Kiely, Mayor
Meagan Elliott, Clerk By-law 21-038 Schedule “A”
The Corporation of the Town of Kirkland Lake Culver Park Operating Agreement
THIS AGREEMENT made this th day of , 2021
BETWEEN: THE CORPORATION OF THE TOWN OF KIRKLAND LAKE (hereinafter referred to as the “Town”)
OF THE FIRST PART
AND THE CULVER PARK OPERATING AUTHORITY INC. (hereinafter referred to as the “Authority”)
OF THE SECOND PART
WHEREAS the Culver Park Operating Authority Inc. has been operating the Culver Park Campground since 1994;
AND WHEREAS the Culver Park Operating Authority Inc. (referred to hereafter as the “Authority”) wishes to operate the park;
AND WHEREAS the Corporation of the Town of Kirkland Lake (referred to hereafter as the “Owner”) deems it to be desirable to enter into an operating agreement with the Culver Park Operating Authority Inc.;
NOW THEREFORE BE IT RESOLVED THAT the parties hereto covenant and agree as follows:
1. Agreement Duration
1.1 This agreement shall be binding for a period of ONE (1) years from the date of signing the agreement.
1.2 This Agreement will automatically renew upon the anniversary of the date of signing for an additional ONE (1) year, unless notice to the contrary has been issued in writing by either party. Automatic renewal will be limited to TWO (2) consecutive renewals.
1.3 Either party may terminate this Agreement by providing written notice to the other Party, TWO (2) months prior to the date of termination. Should either party terminate the Agreement, the Owner shall not be responsible for any
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expenses incurred by the Authority prior to the termination or attributed to the Authority following termination.
2. Regulation, By-Laws and Acts
2.1 The Authority shall comply with all codes and regulations and any federal, provincial or municipal jurisdiction, including the Timiskaming Health Unit, which relate to the use or occupation of the property or to the making of any repairs, replacements, additions, changes, substitutions or improvements that relate to such use of occupation.
2.2 The Authority shall be responsible to comply with all environmental regulations and will be responsible for any contamination of the property, and/or any and all contamination originating from the site, which shall include the cleanup of any spills, etc. while this agreement is in force and effect.
3. Assignment of Agreement
3.1 The Authority shall not sub-let or assign this Agreement to any Party without the express written approval of the Town.
4. Indemnification of the Owner
4.1 The Authority shall defend, indemnify and save harmless the Town of Kirkland Lake, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, cases of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from disruption of service, arising out of allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Authority, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this Contract. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the Authority in accordance with this Contract and shall survive the Contract.
4.2 The Authority agrees to defend, indemnify and save harmless the Town of Kirkland Lake from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever arising out of or related to the Authority’s status with WSIB. This indemnity shall be in addition
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to and not in lieu of any proof of WSIB status and compliance to be provided by the Authority in accordance with this Contract, and shall survive this Contract.
5. Insurance
5.1 The Authority shall protect itself and the Owner from and against all claims which might arise from the work required to be performed under this Agreement by its officers, employees and agents where personal injury, including death or property damages caused and for this purpose shall without limiting the generality of the foregoing provide and maintain and pay for comprehensive general liability insurance, acceptable to the Owner which shall include premises and operations liability, contingent liability with regard to the operation of the park, all of which is subject to limits of not less than FIVE million dollars ($5,000,000) per occurrence for bodily injury, including personal injury, death and damage to property.
5.2 The policy of the liability insurance shall include the Owner as an additional insured, but only in respect of, and during, the operations of the park under this Agreement. The policies of the liability insurance shall contain cross liability clause endorsements.
5.3 All Risks Property Insurance: All risks (including sewer damage, flood and earthquake) property insurance in an amount equal to the full replacement cost of the property of every description and kind owned by the Authority or for which the Authority is legally responsible, and which is located on or about the premises, including, without limitation, anything in the nature of a leasehold improvement.
5.4 Commercial General Liability Insurance: The Authority shall, at their expense obtain and keep in force during the term of the Agreement, Commercial General Liability Insurance satisfactory to the Owner and underwritten by an insurer licensed to conduct business in the Province of Ontario. The policy shall provide coverage for Bodily Injury, Property Damage and Personal Injury and shall include but not be limited to:
a. A limit of liability of not less than $5 million/occurrence with an aggregate of not less than $ 10 million
b. Add the Owner as an additional insured with respect to the operations of the Named Insured
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c. The policy shall contain a provision for cross liability and severability of interest in respect of the Named Insured
d. Non-owned automobile coverage with a limit not less than $2,000,000 and shall include contractual non-owned coverage (SEF 96)
e. Products and completed operations coverage
f. Broad Form Property Damage
g. Contractual Liability
h. Hostile fire
i. The policy shall provide 30 days prior notice of cancellation
5.5 Tenant’s Legal Liability Insurance: The Authority shall obtain tenant’s legal liability insurance for the actual cash value of the building and structures on the demised premises, including loss of use thereof.
5.6 The Authority’s insurance shall be primary coverage and not additional to and shall not seek contribution from any other insurance policies available to the municipality.
5.7 Copies of the liability insurance in the form of a Certificate of Insurance shall be submitted to the Owner on an annual basis and upon request. The Authority shall provide a Certificate of Insurance evidencing coverage in force at least TEN (10) days prior to contract commencement.
5.8 This Agreement shall protect the Owner in respect of those parts of the park over which the Authority has control by this agreement. The land to be covered by this Agreement is defined on Schedule “A” to this Agreement, and includes all sites, land and facilities within this defined area.
6. Parking
6.1 Vehicle parking outside the park boundary is governed by Municipal Bylaw 15-017 or its successor. Areas designated as “No Parking” must be complied with and will be enforced by the municipality and/or its agents.
6.2 The location and standards for parking facilities operated by the Authority are subject to the approval of the Owner. Maintenance of parking facilities, including any additional parking facilities shall be the responsibility of the Authority.
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7. Roadway Lighting
7.1 The Owner will operate and maintain at its expense streetlights alongside the roadway extending from Highway 66 through to the municipal waste water facility. The Owner operates and maintains two street lights located within the Park Boundaries as identified on Schedule A.
Any lights required at the Park that are in addition to the lighting provided for in Section VII.1, shall be at the expense of the Authority.
8. Signage
8.1 Any costs associated with promotional/informational signage shall be the responsibility of the Authority.
9. Revenue and Expenses
9.1 The Authority shall retain all operating revenues and pay all expenses relating to the operation of the Park.
9.2 Any and all surplus funds from the operation of the Park and other donations shall be used at the discretion of the Authority, but may only be used for the development and/or operation of the Park.
9.3 The Authority may establish rates and compel organizations and/or persons may pay a rental fee for the use of the facilities and would retain any funds that may be derived by their events at the Park.
10. Payment in Lieu of Taxes
10.1 The Authority shall pay to the Owner an annual rent of FIVE THOUSAND DOLLARS ($5000), being an amount agreed upon by the Parties to be sufficient to compensate the Owner for all taxes that are payable upon the portion of the property occupied by the Authority for the duration of this Agreement up to and including the date of termination of this Agreement.
10.2 The annual rent of $5000 shall NOT include any multi-usage sales, sales, goods and services, use consumption, valued-added or other similar taxes imposed by the Government of Canada or the Government of Ontario upon the Owner, or the Tenant, or in respect of this Agreement, or the payments made by the Authority hereunder or the goods and services provided by the Owner hereunder including the without limitation, the rental of the property.
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10.3 The Parties agree that they will cooperate without hesitation or condition to establish a permanent annual tax amount based on the assessment of the property as established by the Municipal Property Assessment Corporation (MPAC).
10.4 The Parties agree that the assessment established by MPAC will form the basis for calculating the annual property tax for the portion of the property occupied by the Authority. Should the annual property tax be greater than the annual $5000 paid by the Authority in rent, the Owner will not request a retroactive payment of the difference. Should the annual property tax be lower than the annual $5000 paid by the Authority in rent, the Owner will refund the difference to the Authority to a maximum of two (2) years.
11. Sales Tax
11.1 The Authority shall pay all business taxes levied upon the business resulting from the Authority's use or occupation of the premises, or its operations.
12. Snowmobiles and/or Off Road Vehicles
12.1 Should the Operating Authority plan for operation of snowmobiles and/or Off Road vehicles, then the location of trails will be subject to approval.
13. Waste and Recycling Collection
13.1 The Owner will provide waste and recycling collection at a location agreeable to the Owner, according to the current by-law and level of service.
13.2 The Authority shall utilize a maximum allotment of TEN (10) municipally- provided waste carts and FIVE (5) recycling carts or a Town approved waste shed. Adequate screening of the waste carts/shed shall comply with the Waste By-law.
13.3 The Authority shall be entitled to annually deposit a maximum of SIX (6) cubic meters of clean brush/yard waste at the Kirkland Lake Municipal Landfill. The Authority must advise the municipal waste manager or his designate a minimum of one week in advance of bringing the brush/yard waste to the landfill.
14. Road Maintenance
14.1 The Owner shall maintain the roadway extending from Highway 66 through to the municipal waste water facility. The Owner shall not maintain the parking lot attached to this roadway. The level of maintenance shall be at
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the sole discretion of the Owner. The Operating Authority shall advise the Owner of poor roadway conditions.
15. Culver Park Baseball Field
15.1 The Authority may charge whatever rate they deem appropriate for the use of the ball field.
15.2 The Authority shall be responsible for all maintenance of the ball fields, including setting lines and dragging the field. The standards for maintenance of the ball field shall be equal to, or better than the industry standards for safe turf management.
15.3 All revenues received for the use of the baseball field shall remain with the Authority.
16. Buildings
16.1 The buildings in the Park consist of those buildings shown as blue rectangular boxes on Schedule “A” to this Agreement.
16.2 The Authority shall be responsible for the maintenance and improvements to the buildings, and any new buildings constructed after the signing of this Agreement.
16.3 All new buildings shall be reviewed and approved by the Chief Administrative Officer or Designate of the Town of Kirkland Lake. If a building permit or planning application is required for the purpose of construction, the costs associated with the processing and approval of applications shall be based on the User Fees as established in the current Municipal User Fee By-law. The current Municipal User Fee By-law is available for reference at www.kirklandlake.ca, or upon request to the Owner. In any circumstance, the copy of the Municipal User Fee Bylaw provided by the Municipal Clerk of the Town of Kirkland Lake shall be the definitive authority. All fees shall be the responsibility of the Authority.
16.4 All docks shall meet applicable law, including but not limited to the Zoning By-law, Building Code and guidelines provided by the Ministry of Natural Resources and Forestry (MNRF).
16.5 Should this Agreement be terminated, all buildings shall be returned to the Owner in a condition equal to the condition that existed at the time of the signing of this Agreement.
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16.6 When constructed, all buildings shall become the property of the Owner, in accordance with the terms of this Agreement.
17. General Operation
17.1 All organizations and individuals will be treated equally and fairly with respect to the use of the Park and with respect to any charges being assessed for the use of the Park.
17.2 The hours of operation for the Park shall be at the discretion of the Authority; however, the Authority shall have the Park open for daily use from not less than a period beginning the first day of June through to the first day of September, unless there are extenuating circumstances. In such cases, the Authority will advise the Owner accordingly in a timely manner.
17.3 With the exception of regular maintenance work, the Authority may not change site grades or contours of the land without the Owner’s written approval.
17.4 The Authority shall maintain and keep, at its sole cost and expense, the entirety of the premises, including buildings and lands, and any part thereof, including all leasehold improvements, in good order and working condition and to promptly make all necessary repairs and replacements thereto, including any repair or maintenance required to the mechanical and electrical services, or any other system or part of the buildings or lands, except for reasonable wear and tear. For greater clarity, ‘to maintain and keep’ implicitly includes maintaining and keeping the buildings and lands in a state that is clean and orderly as reasonably possible in accordance with commercial standards and all applicable governmental laws and regulations.
17.5 All maintenance equipment, including grass-cutting equipment, shall be supplied by the Authority.
17.6 The Authority’s rules of operation for the Park shall be submitted to the Town annually at the time of submitting insurance documents, and at any time when the Authority changes the rules of operation. The Authority shall have regard for any municipal position taken on the Authority’s operating regulations. The Authority shall ensure its rules are consistent with best practices from Provincial Parks.
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17.7 All utilities including water, sewer, hydro, gas, telecommunications, or any other utility including tax for the occupation of the premises, will be at the sole expense of the Authority.
17.8 All holding tanks and septic tanks shall be regularly, inspected and maintained at the expense of the Authority.
17.9 Gray water may be disposed of in accordance with applicable law and permits.
17.10 All capital improvements to the Park shall be the responsibility of the Authority. The Owner is required to approve all capital projects valued at FIVE THOUSAND dollars ($5000) or more prior to commencement. Planning shall be undertaken to ensure maintenance of the Park is managed in a reasonable fashion.
18. Park Uses and Events
18.1 It is recognized that there are a large number of events or uses that may be hosted within the Park. These activities shall be scheduled and managed by the Authority. The Authority shall ensure the following current municipal policies and procedures are followed:
a. Municipal Alcohol Policy; b. Inflatables on Municipal Grounds; c. Parks & Recreation By-law.
18.2 The Authority shall ensure that event organizers have the proper insurance, approvals, licenses, etc. for any events and/or activities hosted witan the boundaries of the Park.
19. Severability
19.1 Unenforceability or invalidity of one or more clauses in this Agreement shall not have an effect on any other clause in this Agreement. If it is possible, any unenforceable or invalid clause in this Agreement shall be modified to show the original intention of the parties.
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IN WITNESS THERETO, the parties hereto have executed this Agreement.
SIGNED, SEALED AND DELIVERED on this th day of , 2021.
TOWN OF KIRKLAND LAKE
Pat Kiely, Mayor Witness
Meagan Elliott, Clerk Date
CULVER PARK OPERATING AUTHORITY INC.
Applicant Witness
Date
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By-law 21-038 Schedule “A”
SCHEDULE “A”
Culver Park Area
CULVER PARK MAP LEGEND
Culver Park Operating Authority Area Existing Buildings
Street lighting
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THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 21-042
BEING A BY-LAW TO APPOINT A PROPERTY STANDARDS OFFICER
WHEREAS Sections 15.1 of the Building Code Act, S.O. 1992, C.23 authorizes Council to pass by-laws for appointing a Property Standards Officer;
AND WHEREAS Council deems it appropriate to have a Property Standard Officer to ensure legislative timeframes are met;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
1 THAT Courtney Nylund be and she is hereby appointed Property Standards Officer of the Town of Kirkland Lake to hold office at the pleasure of Council,
2 THAT the duties of the Property Standards Officer shall be to enforce the provisions of the Building code Act, Regulations, By-laws and all amendments pursuant thereto.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF JUNE, 2021.
Pat Kiely, Mayor
Meagan Elliott, Clerk /\ THE CORPORATION OF THE TOWN OF KIRKLAND LAKE {l -\{ l-"' PO Box 1757,3 Kirkland Street Kirkland Lake, Ontario, Canada P2N 3P4 KI R.KLAN D LAKE T 705-567-9361 F 705-567-3535 T tl I Ê i & r-r T ¿ ¡.¡ v, $r r)h, M å ?.¡ î www.kirklandlake.ca
Kirkland Lake District Chamber of Commerce Cheryl Savarie Email : [email protected] patico. ca
May 26,2021
RE: Response to May 5,2021 Letter to Council
Dear Ms. Savarie,
Council for the Corporation of the Town of Kirkland Lake received your letter dated May 5, 2021 at the Regular Meeting of Council held Tuesday, May 18,2021. Council resolved to have staff be directed to respond to you outlining what regulations and community initiatives are in place to assist with the recognized problem of derelict buildings. Please find attached information on the following:
By-Law 1 7-005: Community Standards By-Law 19-054: Property Standards By-Law 19-059: Community lmprovement Plan Landfill Voucher System 2020-2021 Demolitions (by Town or Owner)
This issue has also been noted within the Town of Kirkland Lake's Strategic Plan. lt is listed within multiple pillars of the plan - "lmproving Health and Safety for Staff and Public" and "lnvest in KL". Council and staff recognize this issue and encourage residents to adhere to the by-laws and where applicable, utilize the landfill vouchers (for residential properties) and submit an application to the Community lmprovement Plan (for commercial properties).
Sincerely,
Meagan Elliott Municipal Clerk Corporation of the Town of Kirkland Lake
The Corporation of the Town of Kirkland Lake
Bylaw No # 17-005
Being a Bylaw to Provide for Maintaining Land in a Clean and Clear Condition (Community Standards By-Law)
WHEREAS pursuant to Sections 10(2) Clauses 5, 6, 127, 128, and 131 of the Municipal Act S.O. 2001, c. 25 as amended, Council may pass By-Laws for requiring the cleaning and clearing of yards, for prohibiting the depositing of refuse on private and public lands; for prohibiting automotive wrecking yards and requiring removal or repair of dilapidated fences and structures;
AND WHEREAS pursuant to Section 446 of the Municipal Act S.O. 2001, c.25, as amended, a municipality may enact a bylaw to require that a matter of thing be done and in default, the matter of thing may be done by the municipality at the person’s expense and further that the costs of doing so may be added to the tax rolls and collected in the same manner as taxes;
AND WHEREAS pursuant to Section 391 of the Municipal Act S.O. 2001, as amended, a municipality may impose fees or charges on persons for services or activities provided or done by or on behalf of it,
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF KIRKLAND LAKE HEREBY ENACTS AS FOLLOWS:
PART 1 GENERAL PROVISIONS
1.1 Short Title This Bylaw shall be cited as the Community Standards By-law.
1.2 Scope The provisions of this Bylaw shall apply to all properties within the geographic limits of the Town of Kirkland Lake, except where otherwise provided.
1.3 Enforcement This Bylaw shall be enforced by a Municipal Bylaw Enforcement Officer, special constables, Property Standards Officer and/or Peace Officers.
1.4 Conflicts with Other Bylaws and/or Regulations Where a provision of this Bylaw conflicts with a provision of another bylaw in force in the Town of Kirkland Lake, the provisions that establishes the higher standard in terms of protecting the health, safety and welfare of the general public and the environmental well-being of the municipality, shall prevail to the extent of the conflict.
PART 2 DEFINITIONS
2.1. General 2.1.1 Definitions of words, phrases and terms used in this Bylaw that are not included in the list of definitions in this section shall have the meanings which are commonly assigned to them in the context in which they are used in the Bylaw.
2.2 The words, phrases and terms defined in this section have the following meaning for the purposes of this Bylaw.
2.2.1 “Council” means the Municipal Council of the Corporation of the Town of Kirkland Lake.
2.2.2 “Domestic Waste” means any article, thing, matter or any effluent belonging to or associated with a residence, household or dwelling unit, or concerning or relating to the home or family that appears to be waste material; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this clause, it is hereby declared that domestic waste extends to the following classes of waste material: a) Grass clippings, tree cuttings, brush, leaves and garden refuse; b) Paper, cardboard, clothing; Bylaw 17-005 Community Standards Bylaw Page 2 of 6
c) All kitchen and table waste, of animal or vegetable origin resulting from the preparation or consumption of food except any material of vegetable origin placed in a composting container; d) Feces; e) Cans, glass, plastic containers, dishes; f) New or used material resulting from or for the purpose of construction, alteration, repair or demolition of any building or structure; g) Refrigerators, freezers, stoves or other appliances and furniture; h) Furnaces, furnace parts, pipes, fittings to pipes, water or fuel tank; i) Unlicensed motor vehicles, inoperative motor vehicle, vehicle motor parts; and accessories, vehicle tires mounted or not mounted on rims, mechanical equipment j) Rubble, inert fill, fencing materials.
2.2.3 “Fence” means any freestanding structure, wall or barrier other than a building, erected at grade for the purpose of delineating the boundaries of a property, restricting ingress to or egress from a property, providing security or protection to property, and does not include a hedge;
2.2.4 “Gate” means any swinging or sliding barrier used to fill in or close an access in a fence;
2.2.5 “Grade” means the elevation of the finished level of the ground adjoining the fence exclusive of any artificial embankments or berms;
2.2.6 “Hobby Vehicle” means a vehicle that is actively being repaired or restored as a hobby for the owner/occupant of the property, a race car, or vehicle that by its special nature is not routinely used or licensed but is intended to show or display on occasion;
2.2.7 “Industrial Waste” means any article, thing, matter or any effluent belonging to or associated with industry or commerce or concerning or relating to manufacturing or concerning or relating to any trade, business, calling or occupation that appears to be waste material; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this clause it is hereby declared that industrial waste extends to the following classes of waste material: a) Articles, things, matter or effluent, which in whole or in part or fragments thereof, are derived from or are constituted from or consist of: i. agricultural, animal, vegetable, paper, lumber, or wood products; ii. mineral, metal, or chemical products; or iii. whether or not the products are manufactured or otherwise processed. b) Inoperative motor vehicles and motor vehicle parts including but not limited to tires, mechanical equipment, mechanical parts, accessories, appurtenant or adjuncts to the motor vehicles and mechanical equipment; c) Piping, tubing, conduits, cable and fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable; d) Containers or pallets of any size, type or composition; e) Materials resulting from, or as part of, construction or demolition projects; f) Rubble, inert fill except loose soil, sand, gravel; g) Bones, feathers, hides; or h) Sewage.
2.2.8 “Inoperative Motor Vehicle” means any motor vehicle with an expired registration date over twelve (12) month and/or no license plate, or any motor vehicle having missing parts, including: tires, damaged or missing glass, deteriorated or removed metal components, or anything which prevents its mechanical function.
2.2.9 “Lot” means all contiguous land under one ownership;
2.2.10 “Lot line” means the boundary of a lot;
2.2.11 “Motor Vehicle” means commercial and industrial vehicles and equipment, automobiles, motorized snow vehicles, off-road vehicles, motorcycles, all-terrain vehicles, trailers, boats, marine equipment, farm equipment, construction equipment and heavy machinery.
2.2.12 Municipality means the Municipality of the Town of Kirkland Lake
Bylaw 17-005 Community Standards Bylaw Page 3 of 6
2.2.13 “Officer” means Municipal By-Law Enforcement Officer or designate, Property Standards Officer, Special Constables and Peace Officers.
2.2.14 “Owner” Includes: a) Both the owner in trust and beneficial owner of land; b) The person for the time being managing or receiving rent of the land or premises in connection with which the work is used, whether on the person’s own account or as agent or trustee of any other person, or who would receive the rent if the land and premises were let; and/or c) A lessee or occupant of the property who manages or controls the condition of the property.
2.2.15 “Person” in addition to its regular meaning, includes an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau and agency or any director, officer, manager or person in charge of such entity or the collecting of rent of any property, or any other person who is the occupier of the property.
2.2.16 "Private Swimming Pool" means a privately owned outdoor pool of water, capable of containing water in excess of 450 mm (18 inches) but does not include a secure hot tub.
2.2.17 “Refuse” means any article, thing, matter, substance or effluent that: has been cast aside, discharged or abandoned, or is discarded from its usual and intended use, or is used up, in whole or in part, or expended or worn out in whole or in part; and shall include; domestic waste and industrial waste, and that domestic waste and industrial waste does not cease to be refuse by reason that it may be commercially saleable or recyclable: a) Rubble; b) inoperative Motor Vehicle, parts of motor vehicles, unused or abandoned motor vehicles, vehicles without validated license plates, vehicles without license plates; c) objects or conditions that may create fire, health or accident hazards; d) dead animals; e) old or decayed lumber, decayed trees, discarded trees, part of trees, leaves; and f) discarded organic material.
2.2.18 “Rubble” includes but not limited to broken concrete, flagstone, bricks, broken asphalt, patio or sidewalk slabs.
2.2.19 "Secure hot tub" means a private outdoor hot tub, whirlpool, hydro massage pool or spa with a lockable tight fitting cover that will withstand human weight without collapse while not in use.
2.2.20 “Town” means the Town of Kirkland Lake.
PART 3 REGULATIONS
3.1 CLEAN AND CLEAR YARDS 3.1.1 Every owner, lessee or occupant shall keep his ground, yards or vacant land clear of all garbage, refuse or domestic or industrial waste of any kind;
3.1.2 For the purpose of section 3.1.1, “keeping clear” includes: a. The removal of dead, decayed or damaged trees or other natural growth and the branches or limbs thereof which create an unsafe condition in relation to their environment; b. The removal, trimming, or cutting of weeds, grass or ground cover more than 20 centimeters (8 inches) in height.
3.1.3 In determining compliance with section 3.1.2 due consideration shall be paid to the distinction between groomed lawns and naturalized or underdeveloped areas particular in relationship to the surrounding environment.
3.2 LITTER 3.2.1 No person shall throw, place or deposit or in any manner put refuse on any Town street, sidewalk or property.
Bylaw 17-005 Community Standards Bylaw Page 4 of 6
3.2.2 No person shall throw, place or deposit or in any manner put refuse on any private property within the Town.
3.2.3 Notwithstanding section 3.2.1 of this By-law, acceptable refuse placed on municipal property for the purposes of regular garbage or waste collection, in accordance with applicable By-laws respecting garbage and waste collection, shall be exempted from the provisions of this By-law.
3.2.4 Acceptable refuse placed on municipal property for the purposes of regular garbage or waste collection shall be in a suitable municipally approved waste receptacle and not over flowing.
3.2.4 Notwithstanding section 3.2.1 of this Bylaw, acceptable refuse placed on municipal property for the purposes of special garbage or waste collection, placed in accordance with applicable By-laws and within the timeframe allotted, shall be exempted from the provisions of this By-law.
3.2.5 No person shall place refuse, set out for garbage collection prior to 6 p.m. in the afternoon of the day preceding the collection unless otherwise directed.
3.2.6 No person shall leave remaining empty receptacles and all materials and scattered refuse which was considered uncollectible by the Municipality after 9 p.m. in the afternoon on the same day the garbage is collected or the material refused.
3.3 CLEAN UP WEEK REGULATIONS 3.3.1 No person shall place garbage, refuse or debris meant for pickup during cleanup week on private property or Town property prior to seven days preceding the pickup date established by Council.
3.3.2 No person shall place any appliance containing Freon gas meant for pickup during cleanup week, on private property or Town property, unless such Freon gas has been removed from the appliance by a qualified technician and such technician properly tags the appliance.
3.3.3 No person shall allow items not picked up during cleanup week to remain on private property or Town property for a period exceeding two days after the pickup date.
3.4 VEHICLES 3.4.1 Except as provided in the Town of Kirkland Lake Zoning Bylaw and amendments thereto or otherwise permitted by law; no person shall store inoperative or partly dismantled motor vehicles or parts of motor vehicles on private or town property.
3.4.2 3.4.1 shall not apply to Owners who are actively restoring not more than one vehicle and/or one hobby vehicle provided the vehicles are stored in an enclosed structure or located in a manner so as to be screened from view by neighboring residents or from adjacent roadways;
3.5 POOLS/HOT TUBS 3.5.1 No person shall maintain a private swimming pool in the Town unless the area in which the swimming pool is located is completely enclosed by fencing including gates therein, and shall extend from the grounds to a height of not less than one point eight (1.8) metres or be enclosed by a pre-manufactured guard.
3.5.2 No person shall maintain a private hot tub, whirlpool, hydro massage pool or spa in the Town unless the area in which the hot tub is located is completely enclosed by fencing including gates therein, and shall extend from the grounds to a height of not less than one point two (1.2) metres unless qualified as a secured hot tub.
3.6 FENCE, RETAINING WALL AND TENT CONDITION 3.6.1 Every person who erects a fence or causes a fence to be erected shall keep such fence a) in good repair; b) in a safe and structurally sound condition; and c) free from accident hazards.
3.6.2 Restrictions Bylaw 17-005 Community Standards Bylaw Page 5 of 6
No person shall erect a fence or cause a fence to be erected which: a) is wholly or partly constructed of barbed wire, chicken wire or other barbed or sharp material unless approved by the municipality; and/or b) contains a device for projecting an electric current.
3.6.3 Every person shall maintain any storage tent and or tent of any type, in good repair and free from becoming in a ruinous, dilapidated or unsafe condition.
3.7 HEDGES, SHRUBS AND TREES 3.7.1 No person shall allow any hedge, shrub or tree to overhang from such property and interfere with pedestrian or vehicular traffic lawfully using such street or walkway.
PART 4 ADMINISTRATION AND ENFORCEMENT
4.1 An officer may, by personal service or by notice sent by registered post served on the owner, lessee or occupant of the land or structure, require the Owner within the time specified in the notice:
4.1.1 To clean, clear or remove from the land or structure refuse, domestic or industrial waste of any kind;
4.1.2 To cease using the land or structure for the dumping or disposing of refuse, domestic or industrial waste of any kind;
4.1.3 To cover over, screen or enclose the refuse, domestic or industrial waste in the manner prescribed by the officer;
4.1.4 To pull down, repair or renew any structure (including but not limited to fences, retaining walls and storage tent or tents of any type) that by reason of its ruinous or dilapidated state is in an unsafe condition;
4.1.5 To remove any such overhanging material as mentioned in Subsection 3.7.1.
4.2 Every notice sent by the officer shall identify the land or structure.
4.3 Every notice shall be to an owner or lessee and shall be sent to the address shown on the last revised assessment roll or to the last known address.
4.4 Every notice sent to an occupant shall be to the address of the land or structure or to the last known address of the occupant.
4.5 When there is an immediate risk to public health and safety, the notice may require immediate action or remediation.
4.6 A copy of a notice to an owner from a property standards by-law officer, will be sent to the Municipal By-law Enforcement Officers/Special Constables unit for enforcement purposes.
4.7 After the specified time of the notice for remediation has lapsed, the Officer will perform a site visit to ensure compliance. If compliance has not been met, the Officer will issue a ticket for the penalty as provided in the Provincial Offences Act.
PART 5 RIGHT OF ENTRY
5.1 Where the Municipality has a power of entry under the said Act, the power shall be exercised by an Officer of the Municipality who may be accompanied by a person under his/her direction.
5.2 The Municipal Officer, for the purpose of inspection and/or remedial action, may enter upon the land and into accessible or open structures other than a place actually used as a dwelling house, at any reasonable time, without notice.
5.3 A person exercising power of entry on behalf of the Municipality under this Act must, on request display or produce proper identification.
PART 6 REMEDIATION Bylaw 17-005 Community Standards Bylaw Page 6 of 6
6.1 Where the owner is in default of doing any matter of thing directed or required to be done under this by-law, an Officer may direct the completion of such at the owner’s expense. In so doing, the Municipality may charge an administration fee in the amount of $150.00, and both the expense and the fee may be recovered from the owner.
6.2 Where any matters of things are removed in accordance with Section 6.1, such matters or things may be immediately disposed of by the officer.
6.3 The Municipality may recover the remedial action cost and administration fee incurred under Section 6.1 by action, or by adding them to the tax roll and collecting them in the same manner as taxes in accordance with Section 446 of the Municipal Act.
6.4 The Municipality may, prior to recovering costs incurred in Section 6.1 pursuant to Section 446 of the Municipal Act by adding costs to the Municipal Taxes, invoice Owners requesting voluntary payment of said remedial action costs.
PART 7 PENALTIES
7.1 Any person who contravenes, suffers or permits any act or thing to be done in contravention of, or neglects to do or refrains from doing anything required to be done pursuant to any provisions of this Bylaw or any permit or order issued pursuant thereto commits an offence and is liable to any penalty as provided in the Provincial Offences Act.
7.2 Where an offence is a continuing offence, each day that the offence is continued shall constitute a separate and distinct offence.
PART 8 VALIDITY
8.1 If any section, clause, or provision of this Bylaw, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Bylaw as a whole or any part thereof, other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all remaining sections, clauses, or provisions of this Bylaw shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid.
Part 9 TRANSITION
9.1 This by-law will take effect once short form wording is approved.
Read a first and third time this 10th day of January 2017
Tony Antoniazzi, Mayor
Ryan Dagelman, Deputy Clerk
Read a third time, enacted and passed, this 24th day of January 2017
Tony Antoniazzi, Mayor
Jo Ann Ducharme, Clerk
BY-LAW #2019-054 PROPERTY STANDARDS BY-LAW
TABLE OF CONTENTS
PART I – DEFINITIONS
PART II – GENERAL STANDARDS FOR ALL PROPERTIES
2.1 Scope ……………………………………………………………………………….. 2.2 Yards ……………………………………………………………………………….. 2.3 Surface Conditions …………………………………………………………………. 2.4 Sewage and Drainage ………………………………………………………………. 2.5 Accessory Buildings, Fences, and Other Structures ……………………………….. 2.6 Garbage Disposal …………………………………………………………………... 2.7 Fence ……………………………………………………………………………….. 2.8 Signs ………………………………………………………………………………... 2.9 Exterior Lighting ……………………………………………………………………
PART III – EXTERIOR PROPERTY AREAS
3.1 Structural Adequacy ……………………………………………………………….. 3.2 Foundations Walls and Basements ………………………………………………… 3.3 Exterior Walls, Surfaces, Cladding ………………………………………………… 3.4 Doors, Windows, Hatchways ………………………………………………...... 3.5 Stairs, Porches, Balcony………………………………………...... 3.6 Guards, Balustrades, Handrails...... 3.7 Canopies, Awnings...... 3.8 Roofs ………………………………………………………...... 3.9 Walls, Ceilings, Floors...... 3.10 Chimneys ………………………………………………………………...... 3.11 Garages, Carports......
PART IV – RESIDENTIAL STANDARDS
4.1 General Conditions ………………………………………………………………… 4.2 Pest Prevention …………………………………………………………………….. 4.3 Kitchens ………………………………………………………………...... 4.4 Toilet and Bathroom Facilities...... 4.5 Plumbing ……………………………………………………………………… 4.6 Electrical Service ……………………………………………………………….. 4.7 Heating Systems and Vents...... 4.8 Fire Escapes, Alarms, Detectors...... 4.9 Egress…………………………………………………...... 4.10 Lighting……………………………………………………………………………. 4.11 Elevating Device………………………………………………………...... 4.12 Occupancy Standards......
PART V – NON-RESIDENTIAL PROPERTY STANDARDS
5.1 Scope……………………………………………………………………………….. 5.2 Salvage Yard......
PART VI– FIRE DAMAGED, DEMOLITION, VACANT BUILDINGS
6.1 Fire Damaged Buildings or Materials...... 6.2 Demolition…………………………………………………………………… 6.3 Vacant or Unoccupied Buildings......
PART VII- ILLICIT MARIHUANA OPERATIONS
7.1 Prohibition...... 7.2 Inspection......
PART VIII – ADMINISTRATION AND ENFORCEMENT
8.1 Scope …………………………………………………………………………. 8.2 Officers……………………………………………………………………….. 8.3 Order to Comply……………………………………………………………… 8.4 Registration of Order………………………………………………………… 8.5 Property Standards Committee………………………………………………. 8.6 Penalty………………………………………………………………………… 8.7 Validity……………………………………………………………………….. 8.8 Title…………………………………………………………………………… 8.9 Repeals……………………………………………………………………….. 8.10 General……………………………………………………………………….
Property Standards Bylaw 19-054 Page 2 of 15
THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW 2019-054
A By-law to Prescribe Standards for Maintenance and Occupancy of Properties within the Town of Kirkland Lake
WHEREAS under Section 15.1(3) of the Building Code Act, SO 1992, c.23, a By-law may be passed by the Council of a municipality prescribing the standards for the maintenance and occupancy of property within the municipality provided the Official Plan for the municipality includes provisions relating to property conditions;
AND WHERWAS the Official Plan for the Town of Kirkland Lake includes provisions relating to property conditions;
AND WHEREAS the Council of the Town of Kirkland Lake is desirous of passing a By-law under Section 15.1(3) of the Building Code Act, SO 1992, c.23;
AND WHEREAS Section 15.6(1) of the Building Code Act, SO 1992, c. 23 requires that a By-law passed under Section 15, 1(3) of the Building Code Act, SO 1992, c. 23 shall provide for the establishment of a Property Standards Committee;
NOW THEREFORE the Council of the Town of Kirkland Lake hereby enacts the following:
PART I DEFINITIONS
1. “Accessory Building” means a detached building or structure, not used for human habitation that is subordinate to the primary use of the same property.
2. “Act” means an enactment or statute of the Province of Ontario.
3. “Approved” means acceptance by the Property Standards Officer.
4. “Basement” means that portion of a building between two floor levels, which is partly underground, and which has at least one-half its height from finished floor to the underside of the first-floor joists above the average finished grade level adjacent to the exterior walls of the building.
5. “Bathroom” means a room containing at least one water closet, one wash basin and one bathtub or shower, or two rooms which contain in total at least one water closet, one wash basin and one bathtub or shower.
6. “Building” means any structure, whether temporary or permanent, fixed to or supported by the soil and which is designed, used, or intended to be used for the accommodation, storage, or shelter of persons, animals or chattels. A building shall not include a boundary wall, fence, retaining wall, light standard, head stone or sign.
7. “Building Code” means the Building Code Act, and any regulations made under that Act.
8. “By-law” unless otherwise referred to herein means this “Property Standards By-law”.
9. “Chief Official” means the Chief Building Official appointed under the Building Code Act, 1992, c.23 and having jurisdiction for the enforcement thereof.
10. “Clerk” shall mean the Clerk, of the Corporation of the Town of Kirkland Lake.
11. “Committee” means the Property Standards Committee for the Corporation of the Town of Kirkland Lake.
12. “Council” means the Council of the Corporation of the Town of Kirkland Lake.
13. “Dwelling” means a building or structure or part of a building or structure occupied or capable of being occupied in whole or in part for the purposes of human habitation.
Property Standards Bylaw 19-054 Page 3 of 15
14. “Dwelling Unit” means one or more rooms connected together as a separate unit in the same structure and constituting as independent housekeeping unit for residential occupancy by humans for living, cooking, eating, sleeping and sanitary purposes.
15. “Fence” means any structure, wall or barrier constructed of chain link metal, or of wood, stone, metal or material having an equivalent degree of strength.
16. “Guard” or “Guard Rail” means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through them.
17. “Habitable Room” means any room in a dwelling unit used or intended to be used for sleeping, living, cooking or eating purposes.
18. “Maintenance” means the preservation and keeping in repair of a property.
19. “Means of Egress” means a continuous unobstructed path of travel provided by an exit or access to exits including a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or other egress facility for the escape of persons from any point within a building, floor area, room or contained open space to a public thoroughfare or approved open space, usually located outside the building.
20. “Non-habitable Room” means any room in a dwelling or dwelling unit other than a habitable room and includes: a bathroom, toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room, other space for service and maintenance of the dwelling for public use, and for access to, and vertical travel between storey’s, or basement or part thereof which does not comply with the standards of fitness for occupancy set out in this By-law.
21. “Occupant” as defined under section 15.1 of the Building Code Act and any person or persons over the age of eighteen years in possession of the property.
22. “Occupancy” means the use or the intended use of a building or part thereof for the shelter or support of persons, animals or property.
23. “Officer” means a Property Standards Officer who has been assigned the responsibility of administering and enforcing this By-law.
24. “Owner” means the person, for the time being, managing or receiving the rent of, or paying the municipal taxes on the land or premises, in connection with which the word is used, whether on his/her own account or as agent, trustee, or any other person who would so receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of the lease, is required to repair and maintain the property.
25. “Person” means an individual, firm, corporation, association, partnership, contractor, company, owner or lessee.
26. “Property” means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected and includes vacant property.
27. “Residential Property” means any property that is used or designed for use as a domestic establishment in which one or more persons usually sleep, and prepare and serve meals, and includes any lands or buildings that are appurtenant to such establishment and all stairways, walkways, driveways, parking spaces and fences associated with the dwelling or its yard.
28. “Repair” includes the provision of such facilities and the making of additions or alterations or the taking of such action as my be required so that the property shall conform to the standards established in this By-law.
29. “Safe Condition” means a condition that does not pose or constitute an undue or unreasonable hazard or risk to life, limb or health of any person on or about the property, and includes a structurally sound condition.
30. “Sewer System” means the municipal system of storm sewers, sanitary sewers and combined sewers, or a private sewage disposal system approved by the Chief Building Official within the municipality.
Property Standards Bylaw 19-054 Page 4 of 15
31. “Sign” means any device or notice, including its structure and other component parts, which is used or capable of being used to identify, describe, illustrate, advertise or direct attention to any person, business, service, commodity or use.
32. “Toilet Room” means a room containing a water closet and wash basin.
33. “Town” means the Corporation of the Town of Kirkland Lake.
34. “Yard” means the land other than publicly owned land around or appurtenant to the whole or any part of a residential or non-residential property and used or capable of being used in connection with the property.
Property Standards Bylaw 19-054 Page 5 of 15
PART II GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.1 SCOPE
1. No person, being the owner or occupant of a property, shall fail to maintain the property in conformity with the standards required in this By-law.
2. The owner of any property which does not confirm to the standards in this by-law shall repair and maintain the property to conform to the standards in this by-law or shall clear the property in a graded and leveled condition.
3. All repairs and maintenance of property shall be carried out with suitable and sufficient materials.
4. All new construction or repairs shall conform to the Ontario Building Code, where applicable.
2.2 YARDS
1. Every yard, including vacant lots, shall be kept clean and free from dilapidated, collapsed or partially constructed structures which are not currently under construction.
2.3 SURFACE CONDITIONS
1. Surface conditions of yards shall be maintained so as to:
(a) prevent ponding of storm water; (b) prevent instability or erosion of soil; (c) prevent surface water run-off from entering basements; (d) be kept free of deep ruts and holes; (e) provide for safe passage under normal use and weather conditions.
2.4 SEWAGE AND DRAINAGE
1. Sewage shall be discharged into the sewage system where such a system exists. Where a sewage system does not exist, sewage or organic waste shall be disposed of in a manner acceptable by the Temiskaming Health Unit.
2. Sewage of any kind shall not be discharged onto the surface of the ground, whether into a natural or artificial surface drainage system or otherwise.
3. Roof drainage shall not be discharged or channeled onto sidewalks, stairs or adjacent property.
2.5 ACCESSORY BUILDINGS, FENCES, AND OTHER STRUCTURES
1. Accessory buildings, fences and other structures appurtenant to the property shall be maintained in structurally sound condition and in good repair.
2.6 FENCES
1. A fence erected on a property or separating adjoining properties shall be maintained:
(a) in good repair free from loose or insufficiently secured, rotten, warped or broken materials; (b) in a safe and structurally sound condition so as to be capable of sustaining safely its own weight together with any load to which it might reasonably be subjected to; (c) kept free from objectionable markings, painted slogans or other defacements.
2.7 SIGNS
1. A sign and any structure connected therewith shall be installed and maintained:
(a) in good repair; (b) in a safe and structurally sound condition; and (c) in a reasonably vertical plane unless otherwise approved by the Town of Kirkland Lake.
Property Standards Bylaw 19-054 Page 6 of 15
2.8 EXTERIOR LIGHTING
1. Every stairway, exterior exit and entrance doorway, cellar, basement entrance or building entrance shall have a permanently installed lighting fixture that shall be maintained in good working order.
2. All underground parking areas and common areas shall be illuminated so as to provide safe passage under normal use.
3. Facilities for lighting shall be maintained in good working order.
PART III EXTERIOR PROPERTY AREAS
3.1 STRUCTURAL ADEQUACY
1. All repairs and maintenance of property by the standards prescribed in this By-law shall be carried out in a manner accepted as good workmanship in the trades concerned and with suitable materials.
2. Every part of a property shall be maintained in good repair and in structurally sound condition so as to:
(a) be capable of sustaining its own weight safely and additional load; (b) be capable of safely accommodating all normal structural movements without decay or damage; (c) prevent the entry of moisture that would contribute to damage, growth, decay or deterioration; and (d) be capable of safely and adequately performing its function.
3.2 FOUNDATIONS, WALLS AND BASEMENTS
1. The foundation walls and basement, cellar or crawl space floors shall be maintained in good repair free from major cracks, breaks or other defects and shall be structurally sound, and where necessary shall be maintained by shoring of the walls and joists, grouting masonry cracks, parging and water proofing the walls or floors.
2. Every basement, cellar and crawl space in a dwelling or building shall be adequately drained, and adequately ventilated to the outside air.
3. A foundation wall of a building shall be adequately waterproofed so as to prevent the infiltration of moisture.
3.3 EXTERIOR WALLS, SURFACES AND CLADDING
1. All exterior surfaces shall be of materials which provide adequate protection from the weather.
2. The exterior walls and their components shall be maintained so as to prevent their deterioration due to weather and insects, and shall be so maintained by the painting, restoring or repairing of the walls.
3.4 DOORS, WINDOWS, CELLARS AND HATCHWAYS
1. Windows, skylights, exterior doors and frames, basement or cellar hatchways, attic access doors, including storm and screen doors, shall be maintained in good working order and shall be of such construction as to prevent the entrance of wind, snow or rain into building and to prevent drafts and minimize heat loss through the infiltration of outside cold air.
2. At least on entrance door in every dwelling unit shall have hardware so as to be capable of being locked from inside and outside the dwelling unit.
3. All windows capable of being opened shall be equipped with a screen to prevent the passage of insects and the screen shall be maintained in safe and good condition.
Property Standards Bylaw 19-054 Page 7 of 15
4. Rotted or damaged doors, door frames, window frames, sashes, castings, weather stripping, broken glass and missing or defective door and window hardware shall be repaired or replaced.
3.5 STAIRS, PORCHES AND BALCONIES
1. Inside or outside stairs, porches and balconies shall be maintained so as to be free of holes, cracks or other defects that may constitute a possible hazard.
2. All treads or risers that show excessive wear or are broken, warped or loose and all supporting structural members that are rotted or deteriorating shall be repaired or replaced.
3.6 GUARDS, BALUSTRADES AND HANDRAILS
1. All guards and handrails shall be installed and maintained in good repair on:
(a) Every open side of a balcony, porch, landing and stairwell, with a rise of over 0.6 meters (2”); and (b) A stairway with a rise of over 0.6 meters (2”), or containing 3 or more rises including a landing.
2. Every inside or outside stair and every porch or landing appurtenant to it shall be maintained so as to be free of holes, cracks and other defects which constitute accident hazards.
3. All handrails, balustrades and handrails, stairways, fire escapes, balconies, landings and porches and similar appurtenances shall be maintained in good repair and properly anchored and shall be free of holes and other defects which constitute hazards.
4. All handrails, balustrades and handrails, stairways, fire escapes, balconies, landings and porches shall be structurally capable of supporting the loads imposed through their normal use and, if metal, shall be protected from rust or similar decay.
3.7 CANOPIES AND AWNINGS
1. All canopies, marquees and awnings shall be properly anchored so as to be kept in safe and sound condition and shall be protected from decay and rust.
3.8 ROOFS
1. Roofs of dwellings and their components shall be maintained in a weather tight condition, free from loose or unsecured objects or materials.
2. The roofs of dwellings and accessory buildings shall be kept clear of dangerous accumulations of ice or snow or both.
3. Where eavestroughing and roof gutters are provided, they shall be kept in good repair, free from obstructions and properly secure to the building.
3.9 WALLS, CEILINGS AND FLOORS
1. Every wall, ceiling and floor in a dwelling shall be maintained to provide a continuous surface free of holes, cracks, loose coverings or other defects.
2. Walls surrounding showers and bathtubs shall be impervious to water.
3. Every floor in a bathroom, toilet room, kitchen, shower room and laundry room shall be maintained so as to be impervious to water.
4. Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be free of all loose, warped, protruding, broken, or rotted boards or other material that might cause an accident or allow the entrance of rodents, vermin or other insect.
3.10 CHIMNEYS
1. Any heating or cooling apparatus or equipment used in the process of burning fuel of combustible material shall be properly vented to the outside air by means of a smoke pipe, vent pipe, or similar adequate chimney.
Property Standards Bylaw 19-054 Page 8 of 15
2. Such heating or cooking apparatus or cooling equipment shall be properly connected to the chimney or flue by a permanently sealed connection.
3. All connections between gaseous and liquid fuel burning appliances and equipment shall be maintained in good repair.
4. Every chimney, smoke pipe, and flue, shall be maintained so as to prevent gases from leaking into the building and maintenance shall include cleaning the flue of obstructions, filling open joints and repairing masonry.
3.11 GARAGE AND CARPORTS
1. Garages and carports, including floors, shall be maintained in good repair and free from hazards.
PART IV RESIDENTIAL STANDARDS
4.1 GENERAL CONDITIONS
1. Every interior surface and finishes of floors, walls and ceilings shall be maintained:
(a) In good repair; (b) Be provide with a smooth surface so as to permit cleaning and where paint is used as such surface coating it shall be maintained and painted as necessary for the purpose of cleanliness; and/or (c) Be free of holes, cracks loose plaster or other material.
4.2 PEST PREVENTION
1. Dwellings shall be kept free of rodents, vermin and insects at all times. All necessary steps shall be taken to eliminate the insects, rodents or vermin and to eliminate the condition o as to prevent its recurrence. Methods used for exterminating such pests shall be in accordance with the appropriate act or regulation.
2. Basement or cellar windows used or required for ventilation and any other opening in a basement or cellar, including a floor drain, that might permit the entry of rodents, shall be screened with wire mesh, metal grill or other durable material which will effectively exclude rodents.
3. Exterior walls of a dwelling and their components shall be free of unauthorized signs, painted slogans, graffiti and similar defacements.
4.3 KITCHENS
1. Every dwelling unit shall contain a kitchen area equipped with:
(a) A sink, serviced with hot and cold water; (b) A suitable storage area; (c) A counter top and work area covered with a material that is impervious water and is easily cleanable; and/or (d) Space provided for a stove and refrigerator including suitable electrical or gas connections.
2. There shall be at least 0.75 meters (30”) clear space above any exposed cooking surface.
4.4 TOILET AND BATHROOM FACILITIES
1. Every dwelling shall contain a bathroom consisting of at least one fully operational water closet, washbasin and a bathtub or suitable shower unit and shall have an adequate supply of hot and cold running water.
2. All bathrooms shall be accessible from within the dwelling unit and be fully enclosed with a door capable of being closed so as to provide privacy for the occupant.
Property Standards Bylaw 19-054 Page 9 of 15
3. Where toilet or bathroom facilities are shared by occupants of residential accommodations, other than self-contained dwelling units, an appropriate entrance shall be provided from a common passageway, hallway, corridor or other common space to the room or rooms contained in said facilities.
4. No toilet or urinal shall be located within a room used for the preparation, storing or consumption of food or sleeping purposes.
4.5 PLUMBING
1. All plumbing, pipes, drains and plumbing fixtures shall be kept in good working condition and free from leaks and defects, and all water pipes and appurtenances thereto shall be protected from freezing.
2. All plumbing systems shall be in good working order, in good repair and in safe condition.
3. All plumbing fixtures shall be connected to the sewage system through water seal traps.
4.6 ELECTRICAL SERVICE
1. Every dwelling and dwelling unit shall be wired for electricity and shall be connected to the Ontario Hydro network.
2. Electrical fixtures, switches, receptacles and connections to them shall be maintained in a good safe condition and in good working order.
3. The connection to the building and the system of circuits and outlets distributing the electrical supply within the building shall provide adequate capacity for the use of the building and shall be maintained and installed in compliance with the Ontario Electrical Safety Authority (ESA).
4.7 HEATING, HEATING SYSTEMS AND VENTS
1. Every residential dwelling shall have heating equipment capable of maintaining a temperature of 21˚ Celsius (70˚ Fahrenheit).
2. It is the responsibility of the owner that all heating and mechanical systems, and their components, be installed, operational and maintained in good working order.
3. Only heating equipment approved for use by a recognized standards and testing authority shall be provided in a room used or intended for sleeping purposes.
4. No room heater shall be placed so as to cause a fire hazard to walls, curtains, and furniture, nor impede the free movement of persons within the room where the heater is located.
5. No residential dwelling unite shall be equipped with portable heating equipment as the primary source of heat.
6. Every habitable room shall have an opening or openings for natural ventilation.
7. Every bathroom or toilet room shall be provided with an opening or openings for natural ventilation, or a system of mechanical ventilation.
8. All mechanical ventilation systems shall be maintained in good operating condition.
4.8 FIRE ESCAPES, ALARMS AND DETECTORS
1. A listed fire alarm and fire detection system, approved by the Canadian Standards Association or Underwriters Laboratories of Canada, shall be provided by the owners of buildings and residential occupancies, as required.
2. Buildings using a fire escape as a secondary means of egress shall have the escape in good condition, free from obstructions and easily reached through an openable window or door.
3. Fire alarm, fire detection, fire protection and fire escape requirements fall under the authority of the Fire Code and the local Fire Department.
Property Standards Bylaw 19-054 Page 10 of 15
4.9 EGRESS
1. Every dwelling unit shall have immediate access to not fewer than two non-obstructed means of egress located as remotely as possible from one another and leading to safe and open space at or near ground level.
2. A single means of egress may be allowed for a dwelling unit in a building if:
(a) the building is not more than 2 storeys in building height; and (b) the means of egress is an exterior door located at street or near ground level.
3. An access or egress from each dwelling unit shall be unobstructed and be provided without passing through any other dwelling unit, and attached or built-in garage, or a furnace room.
4. All means of egress within a non-residential property shall be provided with lighting facilities capable of illuminating the means of egress to ensure the safe passage of persons exiting the building.
4.10 LIGHTING
1. Every stairway, exterior exit and entrance doorway, bathroom, toilet room, kitchen, hall, cellar, basement, laundry, furnace room and non-habitable work room shall have a permanently installed lighting fixture that shall be maintained in a safe condition and in good working order.
2. Lighting installed throughout the property is to provide adequate illumination for the use of each space and to provide safe passage.
3. Every habitable room, except for the kitchen, shall have a window or windows, skylights or translucent panels that face directly to the outside. The glass area of a sash door may be considered to comply.
4.11 ELEVATING DEVICES
1. Elevators and other elevating devices, including all mechanical and electrical equipment, lighting fixtures, lamps, control buttons, ventilation fans and emergency communication systems, shall be in good working order.
4.12 OCCUPANCY STANDARDS
1. No person shall use or permit the use of a non-habitable room in a dwelling for a habitable room purpose.
2. The maximum number of occupants in a dwelling unit shall not exceed one (1) person per 10 square meters (108 sq. ft.) of habitable floor area. Any child less than twelve (12) years shall be deemed one-half (1/2) person.
3. The minimum floor height shall not be less than 1.95 meters over the entire area or the minimum room height shall not be less than 2.03 meters over at least 50% or the floor area, provided that any part of the floor having a clear height of less than 1.4 meters shall not be considered in calculating the required floor area.
4. Every room used for sleeping purposes in a dwelling or dwelling unit shall provide a minimum width of 2 meters and a minimum floor area of 6.0 sq meters. The corresponding floor area shall not be less than 6.0 sq. meters for the first occupant and not less than 4.0 sq. meters for each additional occupant.
PART V
NON- RESIDENTIAL PROPERTY STANDARDS
5.1 SCOPE
1. All repairs and maintenance of property shall be carried on with suitable and sufficient materials, and in a manner accepted as good workmanship within the trades concerned and shall conform to the Ontario Building Code where applicable.
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5.2 SALVAGE YARD
1. Salvage yards shall be effectively screened from public view.
PART VI FIRE DAMAGED, DEMOLITION, VACANT BUILDINGS
6.1 FIRE DAMAGED BUILDINGS or MATERIALS
1. In the event of fire or explosion, damaged or partially burned material shall be removed from the property, except that such material may be stored within the barricaded fire damaged building until investigations are completed by authorities.
2. In the event, the building or accessory structure is beyond repair, the land shall be cleared of all remains and left in a graded, level and tidy condition.
6.2 DEMOLITION
1. No person shall commence, conduct or permit to be commenced or conducted any work in the nature of demolition or removal of a building or part thereof unless a permit is obtained.
2. Upon the completion of demolition, the entire site shall be cleared and cleaned of all debris, left free from holes or excavations and provided and maintained with a suitable ground cover.
3. Where a building, accessory building or structure is being demolished, every precaution shall be taken to protect the adjoining property and the public.
6.3 VACANT or UNOCCUPIED BUILDINGS
1. Where any property is vacant, unoccupied, or has been damaged by accident, storm, neglect or other causes or intentional damage, the owner or agent shall protect such building against the risk of, accidental or intentional danger and shall effectively prevent the entrance thereto of all unauthorized persons.
2. All materials used for boarding up unoccupied, vacant or damaged buildings shall be:
(a) Covered with a suitable durable material which resists weathering, (b) Installed on the exterior and properly fitted to the size of the opening, and (c) Securely fastened.
3. Where a building remains vacant for a period of more than ninety (90) days, the owner or his agent shall insure that all utilities serving the building are properly disconnected or otherwise secured, to prevent accidental or malicious damage to the building or adjacent property.
4. Subsection 6.3.3 does not apply where such utilities are necessary for the safety or security of the building.
PART VII ILLICIT MARIHUANA OPERATIONS
7.1 PROHIBITION
1. No person or Owner shall have, cause, permit or allow an illicit marihuana grow operation on or in a property.
7.2 INSPECTION
1. Due to the inherent risk associated to illicit marihuana grow operations and in accordance to Section 15.8 of the Building Code Act. Every owner of a property that has been declared to be an illicit marihuana grow operation shall:
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(a) Provide a report on the condition of the property from experts in air quality, electrical systems and structural issues; (b) Any conditions identified under 7.2.1(a) of this By-law shall be corrected under the direction of a professional in the field of their expertise.
2. The order referred to under subsection 7.2.1 of this By-law shall be registered on title in accordance to 15.2.of the Building Code Act and include a schedule along with the order that will state:
"This property has been identified as having been used as an Illicit Marihuana Grow Operation. Operations of this nature are well known to have detrimental effects on the air quality, electrical system and structural elements within the structure. Orders have been issued requesting the owner provide reports on and correct and identified conditions affecting the above noted elements, however, as yet these orders have not been complied with. Therefore it is the opinion of the Town that this property should not be occupied until these reports have been received and any identified conditions corrected”.
PART VIII
ADMINISTRATION AND ENFORCEMENT
8.1 SCOPE
1. This By-law shall apply to all properties within the limits of the municipality.
2. The imperial measurements contained in this By-law are for reference only.
8.2 OFFICERS
1. The Council of the Municipality shall appoint a Property Standards Officer(s) to be responsible for the administration and enforcement of this By-law.
2. An Officer or any person acting under his/her instructions may, at reasonable times, and on producing proper identification, enter and inspect any property.
3. An Officer or any person acting under his/her instructions shall not enter any room or place actually used as a dwelling, without the consent of the occupier, except under the authority of a Search Warrant issued under Section 21 of the Building Code Act.
8.3 ORDER TO COMPLY
1. Where an Officer finds that a property does not conform with any of the standards prescribed in this By-law, the Officer may make an Order:
(a) stating the municipal address or the legal description of such property;
(b) giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse, and left in a graded and levelled condition;
(c) indicating the time for complying with the terms and conditions of the Order and giving notice that, if the repair or clearance is not carried out within that time, the Municipality may carry out the repair or clearance at the owner’s expense; and
(d) indicating the final date for giving notice of appeal from the Order.
2. An Order issued shall be served on the owner of the property and such other persons affected by it as the Officer determines. It shall be served personally or by registered mail sent to the last known address of the person to whom the Order is being given.
8.4 REGISTRATION OF ORDER
1. An Order made may be registered against title to the subject property by registration of an Electronic Document in accordance with the Electronic Registration procedures in the Province
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of Ontario, and upon such registration, any person acquiring an interest in the land subsequent to the registration of the Order shall be deemed to have been served, and when the requirements of the Order have been satisfied, the Clerk of the Municipality shall forthwith register in the proper Land Registry Office, a Certificate that such requirements have been satisfied which shall operate as a discharge of the Order.
8.5 PROPERTY STANDARDS COMMITTEE
1. There shall be, and is hereby established, a Property Standards Committee consisting of no fewer than three members, appointed by By-law of the Council of the Corporation of the Town of Kirkland Lake, to hold office for a term established by Council.
2. When the owner or occupant, upon whom an Order has been served, is not satisfied with the terms or conditions of the Order, he/she may appeal to the Committee by sending a Notice of Appeal by registered mail to the Secretary of the Committee, within fourteen days after service of the Order. In the event that no appeal is taken, the Order shall be deemed to have been confirmed.
3. Where an appeal has been taken, the Committee shall hear the appeal and shall have all the authority and functions of the Officer, and may confirm, modify, or quash the Order, or may extend the time period for compliance, provided that in the opinion of the Committee, the general intent of the By-law and of the Official Plan are maintained.
4. The Council of the Municipality shall fill any vacancy that occurs in the membership of the Committee as soon as possible.
5. The members shall elect a Chair from among themselves, and when the Chair is absent through illness or otherwise, the Committee may appoint another member as Acting Chair.
6. A majority of the members constitutes a quorum for transacting the Committee’s business.
7. The members shall provide for a Secretary for the Committee.
8. The Secretary shall keep on file, records of all official business of the Committee, including records of all applications and minutes of all decisions respecting those applications, and Section 74 of the Municipal Act applies with necessary modifications to the minutes and records.
9. The Committee may, subject to subsection (9) of the Building Code Act S.O. 1992, adopt its own rules of procedure, and any member may administer oaths.
10. The Committee shall give notice or direct that notice be given of the Hearing of an Appeal to such person as the Committee considers advisable.
8.6 PENALTY
1. No owner or occupant of property shall fail to comply with a Property Standards Order as confirmed or modified. Should the owner or occupant fail to demolish or repair the property in accordance with an Order, as confirmed or modified, the municipality in addition to other remedies:
(a) shall have the right to demolish or repair the property accordingly and for this purpose, with its servants and agents, from time to time, to enter in and upon the property;
(b) shall not be liable to compensate such owner, occupant or another person having interest in the property, by reason of anything done by or on behalf of the Municipality under the provisions of this Article;
(c) if an Order of an Officer under subsection 15.2(2) is not complied with in accordance with the Order, as deemed confirmed or as confirmed or modified, by the Committee or a Judge, the Municipality may cause the property to be repaired or demolished accordingly; and
(d) may cause a prosecution to be brought against any person who is in breach of such an Order, and upon conviction, such person shall forfeit and pay, at the discretion of the convicting Provincial Judge or Justice of the Peace acting within his/her territorial jurisdiction, a penalty in accordance with the provisions of Section 36 of the Building Code Act, S.O. 1992, c23.
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8.7 VALIDITY
1. If an Article of this By-law is, for any reason, held by a Court of law or other Administrative Tribunal to be invalid, the remaining Articles shall remain in effect until repealed.
2. Where a provision of this By-law conflicts with the provision of another by-law in force within the Municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail.
8.8 TITLE
1. This By-law may be referred to as “The Property Standards By-law”.
8.9 REPEALS
1. By-law No. 14-019 of the Town of Kirkland Lake shall hereby be repealed.
8.10 GENERAL
1. If any provision of this by-law is declared invalid for any reason by a Court of competent jurisdiction, the remainder of the by-law shall continue in force.
2. This By-law shall come into full force and effect immediately upon the passing thereof.
READ a first, second and third time and passed this 4th day of June, 2019.
______Pat Kiely, MAYOR
______Jo Ann Ducharme, CLERK
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THE CORPORATION OF THE TOWN OF KIRKLAND LAKE BY-LAW NUMBER 2019-059
Being a by-law to adopt the Community Improvement Plan for the Town of Kirkland Lake
WHEREAS Section 28(2) of the Planning Act provides that where there is an official plan in effect that contains provisions relating to community improvement in the municipality, the council may, by by-law, designate the whole or any part of an area covered by such an official plan as a community improvement project area; AND WHEREAS By-law 19-058 was passed by the Council of the Town of Kirkland Lake that designates lands within the following Zones as a Community Improvement Project Area: Town Centre Commercial (C1); Shopping Centre Commercial (C2); Highway Commercial (C4); Light Industrial (M1); Heavy Industrial (M2); and Industrial Commercial (MC); AND WHEREAS the Official Plan for the Town of Kirkland Lake contains provisions enabling the Council of the Corporation of the Town of Kirkland Lake to designate a Community Improvement Project Area by by-law for the purpose of preparing a Community Improvement Plan; AND WHEREAS the Council of the Corporation of the Town of Kirkland Lake has prepared a Community Improvement Plan; AND WHEREAS this Council deems it appropriate and timely to adopt said Plan in order that incentive programs, including tax assistance, may be implemented and work commence on the new development, rehabilitation, and revitalization of the Town of Kirkland Lake’s Community Improvement Project Area; AND WHEREAS a public meeting to consider the proposed Community Improvement Plan has been held on June 4, 2019; NOW THEREFORE COUNCIL OF THE CORPORATION OF TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
1. The Community Improvement Plan for the Town of Kirkland Lake consisting of the attached text being Schedule “A” is hereby adopted;
2. This by-Law shall come into force and take effect upon the date of the final passing thereof.
3. READ A FIRST, SECOND AND THIRD TIME, ENACTED AND PASSED THIS 11th DAY OF June, 2019.
______Pat Kiely, Mayor Jo Ann Ducharme, Clerk
JLR No.: 28211-000 June 4, 2019 Revision: 03
Community Improvement Plan Town of Kirkland Lake
Value through service and commitment
Community Improvement Plan Town of Kirkland Lake
Table of Contents
1.0 Introduction ...... 1 2.0 Legislative Authority ...... 1 3.0 Public Consultation ...... 1 4.0 Goals and Objectives ...... 2 5.0 Community Improvement Project Areas ...... 2 6.0 Community Improvement Plan Incentives and Tools ...... 3 6.1 General Requirements ...... 3 6.2 Summary Table of Recommended CIP Programs ...... 4 6.4 Building Conversion and Expansion Grant ...... 6 6.6 Building Renovation and Improvement Grant ...... 7 6.8 Façade Improvement Grant ...... 9 6.10 Tax Increment Grant ...... 10 6.12 Building Permit and Planning Application Fee Rebate ...... 12 6.14 Sale of Land for Less than Market Value ...... 13 6.15 Design, Architectural and Project Feasibility Study Grant ...... 14 7.0 Administration and Financial Implications ...... 15 7.1 Administration ...... 15 7.2 Municipal Funding ...... 15 8.0 Monitoring and Amendments ...... 15
List of Appendices
Appendix A Community Improvement Project Areas
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1.0 Introduction
The Town of Kirkland Lake is located on Highway 66 East, off of Highway 11 North in the Timiskaming District of Northeastern Ontario. It has a population of roughly 8,000 people who enjoy the benefits of a quality lifestyle, range of services (commercial, institutional, social and recreational), and natural heritage amenities. The Town is the ninth most populous municipality in Northern Ontario (and second in Timiskaming District). The Town of Kirkland Lake acts as a regional centre providing various amenities to many surrounding communities (Gauthier Township, Lebel Township, Township of Matachewan, Virginiatown, Larder Lake, Sesekinika, Kenogami, Ramore, and Englehart). The Town also acts as a gateway to the ‘Far North’ providing the community with the opportunity to capitalize on potential tourism and recreational opportunities. Kirkland Lake’s economy is dominated by professional services and natural resource extraction. The Town itself is surrounded by seven gold mines, including the Kirkland Lake Gold Inc Macassa site which is located in the centre of the developed area of Kirkland Lake. These mines are currently expanding resulting in job creation. Much of the retail, industrial, and employment growth is directly or indirectly related to the mining sector.
Community Improvement Plans (CIPs) are used to benefit communities in the Province of Ontario by enabling municipalities to provide grants and loans to encourage investment in targeted areas of the municipality. The revitalization of communities through the implementation of CIPs can be used for business investment, or economic development. CIPs may also be used to encourage environmental remediation and redevelopment as well as effectively utilize existing community infrastructure.
CIPs can address a range of challenges including growth management, the intensification of communities, employment opportunities, and accessibility enhancements. Through the CIP a municipality can implement incentive programs to promote improvements to building aesthetics and business diversification.
The CIP must be adopted in accordance with the public consultation requirements of the Planning Act.
2.0 Legislative Authority
The CIP has been developed in accordance with Section 28 of the Planning Act and the Municipal Act, as well as other relevant policies and documents including the Provincial Policy Statement, and Town of Kirkland Lake Official Plan, Zoning By-law, and Economic Development Strategic Plan. Specifically, Section 6.5 of the Town’s OP contains Community Improvement policies which set out the overall purpose and information that a CIP should contain. It is within these guidelines that this CIP was prepared.
3.0 Public Consultation
In order to understand the potential uptake and interest in incentive programs, and project areas, as well as the needs to the business community, an open house workshop meeting was held with
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Town staff and members of the public on December 5th, 2018. The results of the Open House meeting are included in the CIP Background Report.
Additional opportunities for public and stakeholder participation in the CIP process include:
Economic Development Committee meeting to review draft document and provide comments: May 13, 2019 Municipal Open House to review draft document and provide comments: May 13, 2019 Statutory Public Meeting at Council to consider Adoption: June 4, 2019
4.0 Goals and Objectives
The Town of Kirkland Lake has identified the development of a CIP as an opportunity to stimulate commercial and industrial development. The CIP will serve as a long-term framework that will direct and guide community improvements through financial incentives and municipally driven projects.
The Community Improvement Plan for the Town of Kirkland Lake will set out to:
1. Create employment opportunities; 2. Bring new industry and improve the Town’s industrial base; 3. Stimulate commercial and industrial development; 4. Prioritize areas for future development; 5. Potentially create programs for tax relief, grants, and loan opportunities; 6. Provide a comprehensive implementation and monitoring program; and 7. Align with the Town’s Planning documents.
5.0 Community Improvement Project Areas
This CIP targets the Town’s commercial and industrial sectors to continue to profit from current prominent sectors and stimulate growth in other sectors. For these reasons, and through consultation with municipal staff, lands zoned commercial and industrial are proposed to be eligible for the incentives in this CIP, with a focus on the following areas of the municipality:
Archer Drive Goodfish Road Government Road West Highway 66 the Downtown Core
The Kirkland Lake CIP is applicable to lands throughout the municipality within the following Zones: Town Centre Commercial (C1); Shopping Centre Commercial (C2); Highway Commercial (C4); Light Industrial (M1);
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Heavy Industrial (M2); and Industrial Commercial (MC).
The Community Improvement Project Area is set out in Appendix ‘A’.
6.0 Community Improvement Plan Incentives and Tools
In addition to being located in an appropriately zoned Community Improvement Project Area, a proposed CIP project must meet general program requirements and program-specific requirements to be considered eligible.
The requirements contained in this CIP are not necessarily exhaustive and the Town reserves the right to include other requirements and conditions as necessary on a property-specific basis. All of the financial incentive programs contained in this CIP are subject to the following general requirements, as well as the individual requirements specified under each program:
6.1 General Requirements
a) The Town reserves the right to audit the cost of project feasibility studies, environmental studies, environmental remediation works, and/or rehabilitation works that have been approved under any of the financial incentive programs, at the expense of the applicant; b) The Town is not responsible for any costs incurred by an applicant in relation to any of the programs, including, without limitation, costs incurred in anticipation of a grant and/or tax assistance; c) If the applicant is in default of any of the general or program specific requirements, or any other requirements of the Town, the Town may delay, reduce, or cancel the approved grant and/or tax assistance; d) The Town may discontinue any of the programs at any time, but applicants with approved grants and/or tax assistance will still receive said grant and/or tax assistance, subject to meeting the general and program specific requirements; e) All proposed works approved under the incentive programs and associated improvements to buildings and/or land shall conform to all Municipal By-laws, policies, procedures, standards, guidelines, including applicable Official Plan and Zoning requirements and approvals; f) The improvements made to buildings and/or land shall be made pursuant to a Building Permit and/or other required permits, and constructed in accordance with the Ontario Building Code and/or other municipal requirements; g) Outstanding charges from the Town (including tax arrears), work orders, and/or orders or requests to comply on any property owned by the applicant (not just the property subject to the application) must be satisfactorily addressed prior to application processing and grant and/or tax assistance payment; h) Town staff, officials, and/or agents of the Town may inspect any property that is subject of an application for any of the financial incentive programs offered by the Town;
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i) The total of all grants (excluding tax assistance) provided in respect of the particular lands and buildings of an applicant under the programs contained in this CIP shall not exceed 50% of the cost of rehabilitating said lands and buildings; j) If the applicant is not the owner of the property, the applicant must provide written consent from the owner of the property to make the application and undertake the works; k) Applicants shall enter into a maintenance agreement with the Town and shall undertake to keep the property and specifically those parts of the property subject to the CIP improvement project in good condition; l) Projects must be completed within one year of approval, but recipients may apply for a grant extension.
Council retains the right, in its sole and absolute discretion, to extend, revise, or alter this CIP beyond the five-year horizon, at any time during the five-year operational period of the Plan, subject to the objectives of Council and the satisfactory performance of the Plan in the opinion of Council.
The following programs are available to the Town during the initial five-year period of the CIP (2019-2024). However, Council will review its municipal budget on a yearly basis and decide on which programs are in effect on a yearly basis.
6.2 Summary Table of Recommended CIP Programs
The following table presents a summary of recommended CIP programs. Grant amounts are subject to Council approval:
Program Grant Amount Building Conversion and Expansion Grant $10 per square foot, to a maximum of $5,000
Building Renovation and Improvement Grant 50% of eligible costs, to a maximum of $5,000
Façade Improvement Grant 50% of eligible costs, to a maximum of $5,000
Tax Increment Grant 100% rebate in year 1 75% rebate in year 2 50% rebate in year 3 25% rebate in year 4
Building Permit and Planning Application Fee Planning Application Fees: up to 100% Rebate reduction of planning application fees, excepting legal costs
Building Permit Fees: up to 50% reduction in building permit fees; to a maximum of $1,000
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Signage Permit Fees: up to a 100% reduction in sign permit fees; to a maximum of $500
Demolition Permit Fees: up to 100% reduction in demolition permit fees; to a maximum of $1,000
Landfill Fees: up to 50% rebate of landfill fees; to a maximum of $1,000
Sale of Land for Less than Market Value Up to 90% less than the listed value established by Council
Design, Architectural and Project Feasibility 50% of eligible costs, to a maximum of Study Grant $2,000, or $5,000 for environmental studies
Total amount per property $10,000 per property (excluding tax increment grant, building permit and planning fee rebates, and sale of land for less than market value)
The following incentives and tools could be used to promote improvements in the Community Improvement Project Areas. The purpose, amount, eligible costs, and application requirements for each of the financial incentive programs are described in detail in the following sections.
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6.4 Building Conversion and Expansion Grant
Purpose To support an increase in non-residential assessments.
To assist in the conversion of existing unused or underused space into new eligible uses.
To create new jobs in the Town.
Grant Amount & Disbursement Eligible applicants may receive $10 per square foot of converted or expanded floor space, to a maximum of $5,000, whichever is less, per property.
This grant will be disbursed as follows: 100% on Final Completion
Eligible Costs Development or redevelopment of a building or property that increases the usable floor area; Expansion of an existing building or facility; Adaptive reuse, building rehabilitation and retrofit works that increases the usable floor area; and Upgrading on-site infrastructure (i.e. water services, sanitary sewers, stormwater management facilities) to permit additional usable floor area.
Additional Requirements The development must result in job creation at a level satisfactory to Council.
Applicants will submit design drawings, architectural /engineering plans, a work plan indicating proposed improvements, and a cost estimate of the works.
All completed drawings/plans must comply with the description of the work plan as provided in the grant application form.
The Town will retain the project design plans.
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6.6 Building Renovation and Improvement Grant
Purpose To support an increase in non-residential assessments.
To promote the undertaking of functional improvements (structural, energy efficiency, or accessibility) to existing buildings.
To enhance the long term viability and income producing capacity for current or potential new owners/tenants of the existing building stock.
Grant Amount & Disbursement Matching grant of up to a maximum of 50% of eligible costs up to a maximum grant of $5,000, whichever is less, per property.
The Grant will be disbursed as follows: 100% on Final Completion
Eligible Costs Provision of structural improvements, including: Interior or exterior renovations or retrofits, and improvements to health and safety features of the building;
Provision of energy efficiency improvements, including: Interior or exterior renovations that result in a third- party certification or meet a third party energy efficiency standard which exceeds the requirements of the Ontario Building Code, and demonstrably increases energy efficiency; Installation of appropriate on-site thermal renewable energy projects, such as solar hot water, geothermal, air source heat pumps or solar walls; Installation of Energy STAR certified heating/ cooling/ventilation products, not including small appliances; Installation of energy-efficient lighting and/or lighting controls;
Provision of accessibility improvements, including: installation of wheelchair ramps, automatic doors, accessible washrooms, other accessibility improvements external or internal to the building; and
Any other related work as approved by the Town.
Additional Requirements Minimum improvement costs: $2,000
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Applicants will submit design drawings, architectural /engineering plans, a work plan indicating proposed improvements, and a cost estimate of the works.
The grant will be paid based on the actual cost of the work, up to the amount approved in the application.
All completed drawings/plans must comply with the description of the work plan as provided in the grant application form.
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6.8 Façade Improvement Grant
Purpose To support an increase in non-residential assessments.
To stimulate private investment in the Project Area and to promote the undertaking of building façade and signage improvements.
Grant Amount & Disbursement Matching grant of up to a maximum of 50% of eligible costs up to a maximum grant of $5,000, whichever is less, per property;
The Grant will be disbursed as follows: 100% on Final Completion
Eligible Costs Improvements to the Front or Corner Side Façades designed specifically to enhance the look and appearance of these elevations of the property including: Restoring of the brickwork or cladding, including exterior painting; Replacement or repair of cornices, eaves, parapets, windows, doors, and other significant architectural details; Repair, replacement, or addition of awnings, marquees, and canopies; Repair, replacement, or addition of exterior lighting; Street furniture related to the façade; Repair to existing or new signage; Modifications to the entranceway; and Any other work as approved by the Town.
Additional Requirements Minimum improvement costs: $2,000
Applicants will submit design drawings, architectural/ engineering plans, and a work plan indicating proposed improvements, and a cost estimate for the works.
The grant will be paid based on the actual cost of the work, up to the amount approved in the application.
All completed drawings/plans must comply with the description of the work plan as provided in the grant application form.
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6.10 Tax Increment Grant
Purpose To support an increase in non-residential assessments.
To stimulate private investment in the CIP Project Areas and to promote the undertaking of building improvements and development on vacant land.
Grant Amount & The grant will be provided over 4 years, where the tax Disbursement increase is paid back to the applicant as follows: 100% rebate in year 1 75% rebate in year 2 50% rebate in year 3 25% rebate in year 4 The owner is paying based on the full assessed amount in year 5.
The total amount of the grant provided will not exceed the value of the work that resulted in the reassessment.
This grant excludes the education portion of the tax bill. The Town is only able to rebate the municipal portion of the tax bill.
The grant will be disbursed as follows: 100% (municipal portion) after payment of taxes, once the property has been reassessed by MPAC, following completion of the CIP project.
The Town will collect the full amount of property taxes owed for each of the years of the program’s applicability and will issue the grant to the approved applicant after final tax bills for each year have been collected. If the tax bill is not paid in full, the Town will cancel all future grants and collect past grants made as part of this program.
The grant will not be provided based on a graduated reassessment by MPAC if done prior to completion of the project.
Eligible Costs Any improvements to properties/buildings in the CIP project areas which meet the CIP goals and objectives.
Applicable Requirements Minimum increase in assessment: $25,000, directly related to a building permit for CIP improvements.
The Tax increment Grant may be received by a property owner and/or assignee in combination with any other incentive program offered by the CIP.
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Property owners and/or assignees will be required to submit a complete application to the Town describing, in detail, the improvements that are planned. The application must be submitted to the Town and approved prior to the improvements being made in order to be eligible for this program. The Town will review the application to ensure that the improvements are eligible. For the purpose of this program, eligible improvements are deemed to be improvements that will lead to an increase in the property’s assessed value by improving the physical condition of the building and/or property in a manner that is consistent with the CIP’s intent.
This program does not exempt property owners from an increase in municipal taxes due to a general tax rate increase or a change in assessment for any other reason after property has been improved, except by reason of an assessment appeal.
The grant will be forfeited and repaid to the Town if the owner makes the decision to demolish or alter the property in a manner that does not comply with the CIP before the grant period elapses.
If the property is sold prior to completion of the project and receipt of the grant, subsequent owners may re-apply to the Town to be eligible to receive the grant.
If the property is sold after completion of the project, and while the tax increment grant is being received, the grant expires upon transfer of ownership. Subsequent owners are not eligible to continue receiving the grant for the tax increase associated with the project which has already been completed.
The grant amount will be established after the final inspection of the improvements in accordance with the Ontario Building Code, and MPAC has established a new assessment value based on the building permit for the CIP project.
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6.12 Building Permit and Planning Application Fee Rebate
Purpose To support an increase in non-residential assessments.
To stimulate private investment in properties in the CIP Project areas by reducing applicable municipal fees related to a CIP project which improves the building and/or property.
Grant Amount & Disbursement Planning Application Fees: up to 100% reduction of planning application fees, excepting legal costs
Building Permit Fees: up to 50% reduction in building permit fees; up to a maximum of $1,000.
Signage Permit Fees: up to a 100% reduction in sign permit fees; up to a maximum of $500.
Demolition Permit Fees: up to 100% reduction in demolition permit fees; up to a maximum of $1,000.
Landfill Fees: up to 50% rebate of landfill fees; up to a maximum of $1,000.
The Grant will be disbursed as follows: 100% upon completion of the work
Eligible Costs Grant applies to: Planning application fees; Building permit fees; Sign permits; Demolition permits; Landfill fees.
Additional Requirements Applications must relate to an associated commercial / industrial project.
Demolition and landfill fees will only be reimbursed following completion of association construction.
J.L. Richards & Associates Limited June 4, 2019 JLR No.: 28211-000 -12- Revision: 03 Community Improvement Plan Town of Kirkland Lake
6.14 Sale of Land for Less than Market Value
Purpose To support an increase in non-residential assessments.
To promote private investment and development of underutilized municipally- owned properties in the CIP Project Area.
Grant Amount & Disbursement Council will consider the sale of municipally- owned land at up to 90% less than the listed value established by Council.
Eligible Costs N/A
Additional Requirements This incentive is only available for those lands in the industrial zones.
Purchaser of land must provide detailed architectural concepts and site drawings describing the proposal.
The purchaser has 2 years to complete the development of the property. If this is not met Council has the option to re-purchase the property at the original price or to extend the agreement. The purchaser is responsible to legal and transfer costs related to the buy- back.
The Town will retain a right-of-first refusal to purchase the vacant property, at the original price, should the purchaser choose to divest prior to construction.
J.L. Richards & Associates Limited June 4, 2019 JLR No.: 28211-000 -13- Revision: 03 Community Improvement Plan Town of Kirkland Lake
6.15 Design, Architectural and Project Feasibility Study Grant
Purpose To assist property owners with financing the cost of undertaking studies that promote and support economic development and diversification.
Grant Amount & Disbursement Up to a maximum of 50% of eligible costs, to a maximum grant of $2,000 per study, or $5,000 for environmental studies.
The Grant will be disbursed as follows: 100% upon completion of the work
Eligible Costs Design or studies related to the following: Design drawings; Structural, mechanical, electrical analyses; Architectural drawings; Environmental studies; Building or land improvement studies and plans; Business development related studies and plans; and Any other feasibility study or plan which aligns with the purpose of the program.
Additional Requirements The grant will apply to a maximum of 1 study per property.
Applicants will submit a work plan for the study indicating proposed improvements and a cost estimate for the study from a qualified consultant to be reviewed and approved by the Town.
The grant will be paid based on the actual cost of the study, up to the amount approved in the application.
The Town will review and approve the study.
The grant can only be applied to commercial buildings, mixed-use buildings, and industrial buildings.
Applicants for an Environmental Study Grant must have completed a Phase 1 Environmental Site Assessment.
J.L. Richards & Associates Limited June 4, 2019 JLR No.: 28211-000 -14- Revision: 03 Community Improvement Plan Town of Kirkland Lake
7.0 Administration and Financial Implications
7.1 Administration
The CIP will be administered by the Town as part of the implementation of the Community Improvement Policies of the Town’s Official Plan.
Applications for the CIP programs will be submitted to Staff to review for compliance with general program criteria and completeness. Complete applications will be provided to the Economic Development Committee for review. The Economic Development Committee will review applications and provide recommendations to Council. Applications will be reviewed on a first- come-first-serve basis once they are complete.
Council will make the final decisions on allocation of program grants up to the maximum amounts noted herein.
7.2 Municipal Funding
For a CIP to be successful, it requires support from the business community and support from the Town in the form of funding and implementation. It is recommended that the Town of Kirkland Lake allocate $50,000 per year towards grant incentive programs during the initial years of the CIP. In addition, the Town will be expected to provide assistance via foregone revenue (municipal tax increases and fees). As the private and public sectors increase their investment in the community, with the assistance of the CIP, the overall benefits will be significant.
It is not possible to accurately predict the number and scale of applications in advance of implementing the Plan. The recommended funds are minimums that should be approved in order to meet the goals of the Plan over the five-year term. These funding levels can be evaluated and adjusted in future years of the Plan.
Funding allocations contained in this Plan are subject to review and approval by Council. Financial incentives proposed in this CIP are based on a five year cycle, but are also subject to the Town’s fiscal situation and will be determined on a yearly basis during Council’s annual budget allocation.
8.0 Monitoring and Amendments
Town staff will conduct periodic reviews of the CIP programs and activities relating to Community Improvement to determine their effectiveness and provide an update to Council. Council may amend this Plan as is necessary to ensure that the goals and objectives outlined in this Plan are achieved. Any increase in program financing permitted under Section 28 of the Planning Act will require an amendment to this Plan. An extension to any program for up to an additional five years and any decrease in program financing due to Municipal budgetary constraints in any given year will not require amendments to this Plan.
Following the first year of the program, the Town should evaluate the effectiveness of the organizational and funding structure of the CIP process, the evaluation process, and the amount of staff resources to administer, monitor, and market the Plan.
J.L. Richards & Associates Limited June 4, 2019 JLR No.: 28211-000 -15- Revision: 03 Community Improvement Plan Town of Kirkland Lake
The following measures are recommended for monitoring the CIP programs:
1. Annual Report: An annual CIP report to Town Council should be produced and presented to Council, reviewing in particular the number of applications, number of CIP projects, funds expended by the Town, and results: i.e. increase in usable commercial/industrial space, jobs created, and increase in assessed values.
2. Post-Project Evaluation Report: Following the completion of a CIP-funded project, municipal staff should complete a project close-out checklist with detailed descriptions of the work completed with any issues that may have arisen during the application process. This information can be used in the preparation of the annual CIP report to Town Council.
The following information should be documented for each CIP Project: - Before/after project photos - Description of the project - CIP program(s) utilized - Benefit created to the Town (i.e. type of employment, increase in useable space, number of jobs, increase in assessment, aesthetic/safety/efficiency/accessibility or other improvement) - Grant amount - Construction value
3. Application Database: A database of past CIP applications can be used to assess the effectiveness of various financial incentive programs with amendments to the Town CIP made where necessary.
J.L. Richards & Associates Limited June 4, 2019 JLR No.: 28211-000 -16- Revision: 03
www.jlrichards.ca
Ottawa Kingston Sudbury Timmins
864 Lady Ellen Place 203-863 Princess Street 314 Countryside Drive 834 Mountjoy Street S Ottawa ON Canada Kingston ON Canada Sudbury ON Canada Timmins ON Canada K1Z 5M2 K7L 5N4 P3E 6G2 P4N 7C5 Tel: 613 728-3571 Tel: 613 544-1424 Tel: 705 522-8174 Tel: 705 360-1899 [email protected] [email protected] [email protected] [email protected]
North Bay Hawkesbury Guelph
200-175 Progress Road 326 Bertha Street 107-450 Speedvale Ave. North Bay ON Canada Hawkesbury ON Canada West Guelph ON Canada P1A 0B8 K6A 2A8 N1H 7Y6 Tel: 705 495-7597 Tel: 613 632-0287 Tel: 519 763-0713 [email protected] [email protected] [email protected] JLR Logo is a Registered Trademark ® 2009, all rights are reserved Kirkland Lake COMMUNITY IMPROVEMENT PLAN
What is a Community Improvement Plan (CIP)? 5 A CIP is a development tool municipalities can use to stimulate industrial and commercial development within specific REASONS TO TAKE ADVANTAGE OF OUR areas of the municipality. Businesses within these areas may apply for various grants, COMMUNITY rebates and deferrals to offset the costs IMPROVEMENT associated with getting a new facility up and running or making improvements to PLAN existing structures and land. The goal of a CIP is to support local business growth and MATCHING FUNDING The best part about our Community Improvement encourage economic diversification and Plan is that you can freshen up the exterior of job creation. $ your business and be reimbursed up to 50% for eligible costs.
How Do I Apply to the CIP? INCREASED PROPERTY VALUE Property tax increases are minimal (if any) for Applying to the CIP is very straightforward. FOR facade improvements. However property value SALE has or is expected to increase as a result of the Applications can be downloaded online or improvements. This is an important outcome picked up at Town Hall at 3 Kirkland Street when it comes time to sell or rent the property. or the Public Works Office at 1 Dunfield Street. Applications are reviewed for COMMUNITY APPEARANCE Improving the appearance of your building’s completeness by staff, and then forwarded facade shows that you care about your property. to the Economic Development Committee In addition, your neighbourhood streetscape is improved. This provides a more welcoming for consideration. The Committee provides environment to work, shop and live. its recommendations to Council. ATTRACT NEW CUSTOMERS Exterior improvements can increase sales by creating a more inviting and welcoming storefront. New customers attracted to an improved building can positively affect other nearby buildings and their businesses.
SUPPORT LOCAL ECONOMY Contribute to the enhanced economic viability DISCOVER and vibrancy of Kirkland Lake by supporting visual improvements such as facades, signage, murals, architectural features, siding, lighting and awnings.
Learn more about a variety of different grant programs we offer for business through our To learn more about the Community Improvement Community Improvement Plan at DISCOVER www.discoverkl.ca Plan, visit discoverkl.ca/business/CIP Kirkland Lake COMMUNITY IMPROVEMENT PLAN PROGRAMS
Invest in a New Business - Increase Property Value Attract New Customers - Improve Building Appearance
Building Conversion and $10 per square foot, to a maximum of $5,000 Expansion Grant
Building Renovation and 50% of eligible costs, to a maximum of $5,000 Improvement Grant
Façade Improvement 50% of eligible costs, to a maximum of $5,000 Grant
Tax Increment Grant 100% rebate in year 1, declining to 25% rebate in year 4
Building Permit and Up to 100% Rebate (pre defined maximum eligible amounts) for Planning Application Planning Application Fees, Building Permit Fees: Signage Permit Fee Rebate Fees: Demolition Permit Fees: Landfill Fees
Sale of Land for Less Up to 90% less than the listed value established by Council than Market Value
Design, Architectural 50% of eligible costs, to a maximum of $2,000, or $5,000 for and Project Feasibility environmental studies Study Grant
All proposed work shall be made pursuant to a Building Permit and/or other required permits, and constructed in accordance with the Ontario Building Code and/or other municipal requirements. The total of all grants (excluding tax assistance) shall not exceed 50% of the cost of rehabilitating said lands and buildings. Total grants per property generally will not exceed $10,000.
DISCOVER To learn more about the Community Improvement Plan, visit discoverkl.ca/business/CIP
FREE TIPPING FEE VOUCHER PROGRAM
The Town of Kirkland Lake is committed to improving the appearance of the community and is offering two (2) free tipping fee vouchers to residential property owners. This will assist with the care and maintenance of your residential property. Town personnel will be inspecting properties in Kirkland Lake to identify non-compliance with the Community Standards By-law. Owners of multi-residential properties are encouraged to clean-up their properties to avoid any unnecessary clean-up costs under the Community Standards By-law.
WHO CAN OBTAIN A VOUCHER?
Residential property owners will be permitted to obtain 2 vouchers per year, per property. Proof of property ownership must be presented to municipal staff in order to obtain your voucher. ie. a recent tax bill with your name and address will be accepted. Multi-residential property owners can provide authorization to someone else, such as a tenant to pick-up the voucher. Authorization letters must be submitted to the Department of Development Services; confirmation between staff and the owner will be completed prior to issuance of a voucher.
VOUCHER INFORMATION
• Valid for one free tip, up to 2 cubic metres, equivalent to a ½ ton pick-up truck box • Expire on December 31st, of the year the voucher was issued • Must be presented to the tipping attendant at the landfill site • Fridges and other Freon containing appliances are exempt from the program • Hazardous wastes are never permitted in the landfill • Tires and electronics can be dropped off year-round free of charge.
Please contact the Department of Development Services at (705) 567-9365 or Town Hall at (705) 567- 9361 to obtain your voucher.
DEPARTMENT OF DEVELOPMENT SERVICES P.O. Box 1757, 1 Dunfield Road, Kirkland Lake, Ontario, Canada P2N 3P4 T (705) 567-9365 F (705) 567-9400
www.kirklandlake.ca
R E P O R T TO C OUNCIL
Meeting Date: 8/11/2020 Report Number: 2020-DEV-036 Presented by: Ashley Bilodeau Department: Development Services
R E P O R T T ITLE
Free Tipping Voucher Program
R ECOMMENDATION ( S )
BE IT RESOLVED THAT Report Number 2020-DEV-036 entitled “Free Tipping Voucher Program”, be received,
THAT Council approve the Free Tipping Voucher Program; and
THAT Council cancel the Fall Free Tipping Fee Event.
B ACKGROUND
On June 16, 2020, staff reported to Council on the challenges and inefficiencies identified with the “Free Tipping Fee Events”. That report prompted the development of a new and more efficient program to better serve the residential taxpayers of Kirkland Lake. Council passed a motion to explore a voucher system to replace “Free Tipping Fee Events”. The new program would be designed to better track the use of the program and to enforce the waste limits currently in effect. Staff were directed to bring forward additional information and recommendations to Council prior to the Fall Free Tipping Fee Event scheduled to occur this September. The Report presented during that meeting is attached as Attachment 1.
At this time, staff are recommending that Council approve the Free Tipping Fee Program, attached as Attachment 2 to this Report.
R ATIONALE
During the Spring Free Tipping Event 2020, many concerns were raised relating to the enforcement of the 2.0 cubic metre limit. Unfortunately, there was a lack of a system in place to effectively track when residents utilized the service, contributing to negative impacts on the environment, reducing the lifespan of the landfill and placing the burden of future landfill closure costs onto taxpayers as a whole, rather than the most active users of the landfill. It also resulted in staff and resident frustration.
Staff recommend that Free Tipping be continue with proper protocols in place. The Voucher Program being recommended offers many benefits, including:
Controls how many cubic metres are being disposed of annually, for free, Eliminates free tipping events, which encourages everyone to go at the same time, Reduces the amount of waste coming into landfill at once – from an operations perspective, this is preferred, and Vouchers will be tracked by address to determine who is taking advantage of the Program.
Staff were concerned that there would be some resistance from residents, having to acquire their vouchers from a municipal facility prior to proceeding to the landfill for free tipping. After reviewing the services provided in other municipalities however, this is not abnormal. For a waste management example, bag tags to dispose of additional waste at curbside are often required to be picked up and paid for at a municipal office prior to using the service. They are not typically sent to residents for use. In order to increase availability and make the vouchers more readily accessible, staff recommend that the vouchers be available at Town Hall, Dunfield Office and the Community Complex. The Community Complex will allow vouchers to be obtained outside of the 8:30 a.m. to 4:30 p.m. work hours.
O T H E R A LTERNATIVES C ONSIDERED
Initially, the intent was to mail vouchers with tax bills; however, staff are concerned about the lack of controls this may pose and the added costs associated with implementing this Program. In this instance, there would be roughly 4,800 free vouchers sent out by mail. By doing so, staff would need to establish or invest in software to populate the address/roll number on each voucher. Software would need to be compatible with VADIM to eliminate staff time required to place Vouchers into envelopes with tax bills. Failure to acquire this software would result in staff time being dedicated to this process. The following are other considerations that were factored into staff’s recommendation to issue free tipping vouchers at municipal offices:
Several residents obtain their tax bills electronically which could result in multiple print offs being generated, which would be considered unauthorized duplication, It reduces the likelihood of vouchers being given to friends/family, It eliminates confusion at the landfill by ensuring proper authorization of the tipping fee vouchers are acquired prior to disposing of waste, and It eliminates unused vouchers being disposed of in the landfill, reducing waste.
Staff believe that issuing vouchers upon request will allow for better control and will significantly reduce the amount of free waste being disposed of at the landfill.
F I N A N C I A L C ONSIDERATIONS
There are financial considerations associated with this request.
A quote has been obtained from a local supplier to print 5,000 vouchers. The quotation is attached as Attachment 3.
Staff did not estimate the costs associated with adding software capabilities to generate a voucher on tax bills. In staff’s opinion, this method would not provide the proper controls necessary for enforcement of the 2.0 cubic metre limit. This option could be considered in the future, should technology improve.
R ELATIONSHIP TO S T R A T E G I C P RIORITIES
Council has stressed the importance of improving the aesthetics of properties in Kirkland Lake. The Voucher Program, as presented, encourages residents to clean their properties by taking advantage of free tipping fees.
A CCESSIBILITY C ONSIDERATIONS
The Free Tipping Fee Voucher Program will be accessible to all residential taxpayers of Kirkland Lake.
C ONSULTATIONS
Richard Charbonneau – Waste Management Manager Jenna McNaughton – Information Manager/Recycling Coordinator Bonnie Sackrider – Director of Community Services Keith Gorman – Director of Corporate Services Shawna Ducharme – IT Coordinator Michel Riberdy – Director of Public Works Ric McGee – Chief Administrative Officer
A TTACHMENTS
Attachment 1 – Report from June 16, 2020 Attachment 2 – Free Tipping Fee Voucher Program Attachment 3 – Quote for 5,000 Vouchers
R E P O R T TO C OUNCIL
Meeting Date: 2/16/2020 Report Number: 2020-DEV-028 Presented by: Ashley Bilodeau Department: Development Services
R E P O R T T ITLE
Spring Free Tipping Fees Event - Update
R ECOMMENDATION ( S )
BE IT RESOLVED THAT Report Number 2020-DEV-028 entitled “Spring Free Tipping Fees Event – Update”, be received, and
THAT staff be directed to explore “Option 1 – Voucher System” and present additional information and recommendations to Council prior to the Fall Free Tipping Fee Event scheduled to occur in September.
B ACKGROUND
At the June 2, 2020 regular meeting of Council, Council passed a motion requesting staff to bring forth a formalized protocol/procedure for landfill employees to follow, including a system to ensure proper collection of information required at the gate. This report focuses on:
The history of the Spring Free Tipping Fee Event; Reasoning behind the 2m3 limit; A summary of this year’s event; and Options to consider in the future.
History of Free Tipping Fee Event
Historically, residents were permitted to place up to two cubic metres (average size of the back of a pick-up truck) of waste on the curbside directly in front of their residence. Certain restrictions included demolition material, concrete, rocks and boulders, etc. To compliment curbside collection, the Town also offered its residents free tipping at the landfill up to two cubic metres of waste for three weeks for the residents who preferred to take their waste directly to the landfill. Fall free tipping only began to be offered in 2012, with the same 2m3 restriction.
Due to the increasing cost of labour and equipment, the last curbside collection event was held in 2015 with the intent of holding it every second year. It was never re- instated regardless of the bi-annual intentions, due to the costs associated with hosting the event (approximately $60,000).
The Two Cubic Metre Limit
Landfill sites are heavily regulated by Federal and Provincial laws and are costly to operate. The landfill site receives and processes between 25,000 and 40,000 (2019) cubic metres of waste annually, dependant on activity within the municipality. The tipping fees help to offset the operational costs associated with landfill site staffing, contractual obligations for disposal operations and to fund post closure costs.
Spring Free Tipping Event 2020
The following table breakdown the cubic metres of waste accepted at the landfill during curbside collection and spring and fall free tipping weeks since 2009.
Year Curbside Spring Fall (Cubic Metres) (Cubic Metres) (Cubic Metres) 2009 4,783.6 1,182.50 0 2010 4,472.0 1,495.0 0 2011 5,412.7 1,505.0 900.0 2012 3,049.5 2,358.0 1,313.0 2013 0 4,965.0 1,642.0 2014 4,518.9 2,515.0 1,587.0 2015 3,981.5 950.4 1,138.5 2016 0 2,533.0 1,153.0 2017 0 2,672.0 1,560.0 2018 0 2,055.5 1,205.0 2019 0 2,908.0 1,442.0 2020 0 3,156.7
At the May 12th, 2020 Council meeting, Council raised concern that the 2 m3 limit was being enforced more strictly than in previous years. Although unclear as to the direct cause of enforcement becoming more prevalent in 2020, from management’s perspective, the following has been noted:
The two cubic metre rule has always been stipulated in the Reports to Council when Free Tipping Fee Events are proposed; Staff have a conversation with the tipping attendants each year, in relation to enforcement of the 2 m3 rule; There was hesitancy with certain staff in accepting too many visitors at the landfill due to the COVID-19 Pandemic; There were significantly more Community Standards notices (304) issued to the residents than in the past (100); There was more waste brought to the landfill than any other year, with the exception of 2013. There were several individuals with trailers coming to the landfill who were profiting from residents, by bringing waste to the landfill on their behalf; There were more taxpayers than normal, taking advantage of the 2m3 rule; There were taxpayers who were verbally abusive with the tipping attendants this year. In some instances, license plates were recorded and forwarded to the Ontario Provincial Police; and When enforcement was occurring, there was a lack of process that tipping attendants were reasonably relying on.
Immediately after becoming aware of the concern, staff worked towards implementing a process that would reduce the confusion associated with multiple visitors for the remainder of the 2020 Spring Event. Receipts were populated into an excel spreadsheet and provided to the tipping attendants twice per day to maintain an up to date record of who had used free tipping. There are several challenges associated with the method currently in place. Without electricity at the landfill site, it is difficult to install technology that would assist with proper recording. Driving back and forth to update spreadsheets results in added costs associated with staff, fuel and administration. It would not be practical for the tipping attendants to track addresses manually with over 100 vehicles coming on a daily basis. With this in mind, staff have reviewed program initiatives from other municipalities and have recommendations for Council to consider.
Moving Forward – Options to Consider
Staff recommend that Council consider modifications to the program in the coming years. After reviewing what other municipalities offer, staff believe it may be valuable to present options for Council’s consideration.
Options to consider are as follows:
1. A voucher system be introduced. (Recommended)
Voucher System Two free tips be included in tax bills for residential taxpayers. When issuing notices in the spring to clean up properties, a free tipping voucher can be included on the notice. Eliminate spring / fall clean up events and vouchers can be used at any time. Benefits Controls how many cubic metres are being disposed of annually for free. Eliminates free tipping events which encourages everyone to go at once. Reduces the amount of garbage coming into landfill at once – from an operations perspective, this is preferred. Vouchers can be tracked by roll number to determine who utilizes the free tipping. Challenges Lack of control when someone gives another person their free tipping voucher. Regardless, the set limit is one per household, therefore limiting the amount of waste being directed to the landfill.
2. Offering free tipping fee Saturdays throughout the summer. (Not recommended)
Free Tipping Fee Saturdays For six (6) Saturdays throughout the summer from June to October, tipping for residential taxpayers is free of charge. Benefits Eliminates the two-week long events in May and October and provides residents an opportunity to tip for free throughout the summer months. Reduces amount of garbage coming into the landfill at once – from an operations perspective, this is preferred. Challenges Difficulty controlling the 2 m3 per user. No electricity restricts the ability to track electronically.
If proceeding with this option, it is encouraged that funds be allocated towards the purchase and installation of a small solar panel to generate enough power for a computer and heat for the port-a-potty. This will allow tipping attendants to input information during less busy times of the day, and names can be searched upon entry into the landfill. Having electricity could also support the use of electronic payment.
3. Continuing with Spring and Fall Free Tipping Events. (Not recommended)
Free Tipping Fee Events Continue with free tipping fee events, as has been done in the past. Benefits Continue to provide a service that residents are accustomed to. Challenges Difficulty controlling the 2 m3 per user. No hydro restricts the ability to track electronically. Increased administrative costs associated with tracking via excel spreadsheets and fuel costs with delivering the documentation twice daily. Ongoing operational challenge of accepting an abundance of waste at the same time. Wait times are generally higher. This will continue to pose a challenge, especially as staff attempt to socially distance the residents to be compliant with current Emergency Orders.
Similar to Option 2, it is recommended that funds be allocated towards the purchase and installation of a small solar panel to generate enough power for a computer and heat. This will allow tipping attendants to input information during less busy times of the day, and names can be searched upon entry into the landfill. Having electricity could support the use of electronic payment.
R ATIONALE
Although staff encourage residents to take advantage of Free Tipping Events, the lack of enforcement on load limits negatively impacts the environment, reduces the lifespan of the landfill and pushes the burden of closure costs onto the taxpayers instead of the most active users.
Staff recommend that Free Tipping be permitted to continue, but with proper protocols in place. Staff recommend that Option 1 be considered and staff be directed to explore this option further and report back to Council prior to the Fall Free Tipping Event.
O T H E R A LTERNATIVES C ONSIDERED
Staff explored several options associated with hosting the Free Tipping Fee Events. Realistically, the most reasonable solution in order to maintain the Events as is and to encourage better enforcement is to install a solar panel, obtain a computer or tablet and track users digitally.
Staff also explored the option of cancelling Free Tipping Events completely. With the strategic priority to clean up and enhance the aesthetics of Kirkland Lake; free tipping fee events provide an incentive for residents to clean their properties. Staff believe the option for free tipping with enforceable limits should continue.
F I N A N C I A L C ONSIDERATIONS
There are financial considerations associated with the options listed above.
Option 1: Voucher System
Staff would attempt to create a template that can be added to existing tax bills. There would be administrative costs to establish the template. From an ongoing perspective, there would be added costs associated with material (paper) to initiate this process.
Option 2 & 3: Spring Free Tipping Saturdays OR Spring Free Tipping Events
Both of these options would result in one-time costs associated with purchasing a solar panel and tablet/computer in order to properly track users who have taken advantage of the program.
R ELATIONSHIP TO S T R A T E G I C P RIORITIES
Although a Strategic Plan has not yet been adopted, Council has stressed the importance of improving the aesthetics of properties in Kirkland Lake. The Free Tipping Fee Events encourage residents to clean their properties by taking advantage of the free tipping fees.
A CCESSIBILITY C ONSIDERATIONS
The Free Tipping Fee Events or a voucher system would be available for all residential taxpayers of Kirkland Lake.
C ONSULTATIONS
Richard Charbonneau – Manager of Waste Management and Airport Jenna McNaughton – Information Manager/Recycling Coordinator
A TTACHMENTS
No attachments.
Free Tipping Fee Voucher Program
The Town of Kirkland Lake is introducing a Free Tipping Fee Voucher Program. This Program is consistent with ED-16 in the Town of Kirkland Lake’s Strategic Plan, which identifies the following Action Item: “Make Kirkland Lake Presentable”.
Purpose
The purpose of this program is to provide residential taxpayers the opportunity to take advantage of free tipping fees at the Kirkland Lake Landfill. Free tipping offsets costs associated with disposal of waste and encourages residents to keep their properties clean and orderly.
From a staff perspective, the Program streamlines the “free tipping” process and increases efficiencies by: - Reducing additional staff hours during Free Tipping Fee Events, - Reducing wait time at the gate, - Eliminates the requirement for the Landfill Attendant to verify residency at the gate.
It also provides staff an opportunity for better reporting to Council on volumes disposed of through the Program and increases the longevity of the landfill.
Voucher Guidelines
1. Each residential taxpayer in the Town of Kirkland Lake will have the opportunity to collect two free vouchers for free tipping at the Kirkland Lake Landfill on an annual basis. 2. Each voucher is valid for up to 2.0 cubic metre loads of waste (one truckload). All loads that exceed this amount will be charged the associated User Fee. 3. Voucher can be used at any point throughout the calendar year. 4. Vouchers can be picked up at any designated municipal offices, including: a. Town Hall; b. Public Works; and c. Community Complex. 5. When picking up free tipping fee vouchers, staff will require a copy of tax bill and/or letter of authorization from taxpayer/landlord (Attachment 1).
Spring Clean Up To encourage clean up of properties once the snow melts, the By-law Enforcement Officer will have the ability to deliver additional free tipping vouchers to residential properties that are out of compliance with the Community Standards By-law 17-005, on a case-by-case basis. These vouchers may be issued directly to tenants instead of property owners. These vouchers will have an expiry of one month from date of issue.
General Regulations 1. Residents are expected to participate in the segregation of waste. 2. Residents are encouraged to take advantage of the recycling program.
Questions regarding the Town’s Free Tipping Fee Voucher Program can be directed to the Development Services at [email protected] or by phone at 705-567- 9365.
Template of Voucher
Property Address:
Property Owner:
Applicant: Landfill Free Tipping Fee Voucher No. 0000001 Voucher valid for 2.0 cubic metres at Kirkland Lake Landfill. All waste above this amount is to be Date of Issue: charged as per User Fees By-law.
Date of Expiry: Please present voucher to Attendant at the gate. Owner Authorization
Property Owner:
Address:
As the Property Owner, I confirm that I have read the Program Guidelines and understand that I am only eligible for two free tipping fee vouchers, up to 2.0 cubic metres each, on an annual basis. I authorize the issuance of:
One Two
to , tenant of .
Signature:
Date: Quote Quote # Date 2873 Jul 22 2020 Customer #1453 Town of Kirkland Lake Ship To: Department of Physical Services Department of Physical Services 1 Dunfield Road 1 Dunfield Road PO Box 1757 PO Box 1757 Kirkland Lake, ON, Canada Kirkland Lake, ON, Canada P2N 3P4 P2N 3P4
Terms Contact Phone Fax P/O# Sales Rep Net 30 Days Louise Trottier (705) 567-9365 226 (705) 567-9400 Denis Roy Qty Job Description Graphic Hours Price 100 Landfill Voucher Books $898.82 8.5"x3.625", 3 Part Carbonless Form, Numbered and booked in sets of 50 at finished size.
Price Total $898.82 Subtotal $898.82 Ontario - $116.85 HST HST # 839938115 Total $1015.67 2020-2021 Demolitions- Town of Kirkland Lake
2020 21 Hudson Bay Avenue 83 Fourth Street 2 Premier Avenue East 51 McKelvie Avenue 49 Prospect Avenue 19A Hughes Avenue 19 Duncan Avenue 5 Nipissing Lane 97 First Street 13 Main Street
2021 61A Fourth Street 8 Federal Street 15A Allen Avenue Integrity Commissioner Report Kirkland Lake
Municipalities are required by legislation to have an Integrity Commissioner (“IC”) and adopt a Code of Conduct (“Code”). Your municipality has appointed Expertise for Municipalities Non- Profit Association (“E4m”) as their IC. The Municipal Act outlines our role as IC. E4m serves your municipality as an independent resource, coach and guide. We are focused on enhancing your municipality’s ethical culture. We do this by:
Responding to questions from Responding to questions from Giving recommendations Providing education/training for Council, Conducting impartial inquiries in response the public about the Code & Council about their obligations and/or advice to Council on Local Boards and Public on Code, MCIA, to allegations that a member has not the Municipal Conflict of under the Code & MCIA. policy related to ethical bylaws, policies and legislation governing followed the Code or MCIA. Interest Act (“MCIA”). behavior of members. ethical behavior
The IC is a statutory officer of the Municipality who reports to Council. Often an IC provides an annual report to Council to provide an overview of the IC’s activities during the year. Our report has been created to provide a brief overview of work carried out by E4m as IC for the period of March 1, 2019 to December 31, 2020. This report that shows you, at a glance, what activities we have undertaken for your municipality. We also show you how your municipality compares to the overall total of each activity for ALL of the municipalities E4m has been appointed IC. In 2019, E4m was appointed by 57 municipalities in Northern and Eastern Ontario, shifting to 51 by December 31, 2020
Your All How you compare Municipality Municipalities
Code of Conduct Complaints 58 1 Allegations E4m Supports the Municipal Sector
E4m strives to enhance the Your municipality MCIA Complaints 2 22 municipal sector by re-investing a compared against the minimum of twenty percent of combined total of No Inquiry what we bill. municipalities (matter resolved/dismissed) 0 30 31% Graph Reference: Blue: The cost of inquires. Inquiries Underway 0 13 Green: The amount that E4m has Findings of Breach reinvested back into the Sector.
Allegations Your municipality 10 320 compared against the combined total of Findings of Breach 8 93 municipalities
Highlights & Trends
Inquiries: Many municipalities had no expenses associated with our Integrity Commissioner service. 2 requests for inquiry were received about the behavior of members of Committees or Local Board. The majority of allegations were made by members of Council or employees about members of Council.
Matters in Court In the case that a contravention of the MCIA has occurred, the legislation encourages the IC to make an application to court. Only a judge can determine the penalty for a contravention. How E4m Helps There are 5 matters that are being taken to court. Subsidize Wellness Programs Subsidize Policy Drafting We want you to know: Workshops IC inquiries are costly and many municipalities have not budgeted for these costs. It is our recommendation that money be Workshops and Webinars set aside every year in a reserve fund for the time when it may be needed. One-on-one Staff and/or Getting advice or training both carry a much less significant cost than the that of an inquiry. Council Coaching Average cost of advice = $457.35 ~ Average cost of an inquiry = $9,551.88 Mentoring and Advice Please visit the E4m website to explore the types of assistance that we offer. Subsidize Council Term Plans Several findings were made that members of Council contravened the Council Staff Relations Policy (and the Code) because Provides Affordable Support they acted outside of their role as a Councillor. (This is why training is such a powerful investment.) to Municipalities (tailor- Sometimes, when a complainant or respondent is not satisfied with the result of the Integrity Commissioner's inquiry, they made for their needs and will attack the inquiry process using social media, making inordinate requests for information or using the ombudsman. This circumstances) can result in considerable costs to the municipality.
Office of the Integrity Commissioner [email protected] 1894 Lasalle Blvd. Empowering Sector Resilience & Excellence Fax. 705-806-4000 Sudbury, ONT P3A 2A4 Form Designed for E4m www.E4m.solutions
THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 21-043
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL AT ITS REGULAR MEETING HELD JUNE 1, 2021
WHEREAS Subsection 5(1) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that the powers of a municipal corporation are to be exercised by its Council;
AND WHEREAS Subsection 5(3) of the said Municipal Act provides that the powers of every Council are to be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Kirkland Lake at this meeting be confirmed and adopted by by-law;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
1 THAT the actions of the Council of the Town of Kirkland Lake in respect of each motion passed and other actions taken by the Council of the Town of Kirkland Lake at this meeting are hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law.
2 THAT the Mayor and Councillors of the Town of Kirkland Lake are hereby authorized and directed to do all things necessary to give effect to the actions of the Council of the Town of Kirkland Lake referred to in the preceding section.
3 THAT the Mayor and the Clerk are hereby authorized to execute all documents necessary on behalf of the Council and to affix thereto the corporate seal of the Town of Kirkland Lake.
4 THAT this by-law comes into force upon adoption by Council of the Town of Kirkland Lake.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF JUNE, 2021.
Pat Kiely, Mayor
Meagan Elliott, Clerk