Township of Whitewater Region Regular Council Meeting
Agenda
Wednesday, May 5, 2021 at 4:45 p.m.
Electronic Meeting
Page
1. Call to Order
2. Prayer
2.1 Prayer 5
3. Disclosure of Interest
4. Public Meetings/Presentations
4.1 County Defibrillator Program and Bill 141 - Robert Blackwell
4.2 First Quarter Administrative Report 6 - 25 Quarterly Report -Q1 Recommendation: That Council of the Township of Whitewater Region received the Q1 2021 Administrative Report for information purposes.
5. Announcements
6. Reports
6.1 Tender 2021-19 - Cobden Water Treatment Plant 26 - 28 Roof Replacement Tender 2021-19 - Cobden Water Treatment Plant Roof Replacement - 30 Apr 2021 - Pdf Recommendation: That Council of the Township of Whitewater Region approve the award of Tender 2021-19 to JC
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Fitzgerald & Sons Ltd at a cost of $52,096.03 inclusive of non-refundable HST.
6.2 Tender 2021-16 Rehabilitation of Grace Street 29 - 35 Tender 2021-16 Rehabilitation of Grace Street - 27 Apr 2021 - Pdf Recommendation: That Council of the Township of Whitewater Region: 1. Approve the award of tender 2021-16 Rehabilitation of Grace Street to B.R. Fulton Construction Ltd. at a cost of $264,558.88 inclusive of non-refundable H.S.T.; and 2. Approve the single-source award of construction supervision and construction management to Jp2g Consultants Inc. (Jp2g) at a cost of $15,963.09 inclusive of non- refundable H.S.T.
6.3 Westmeath Cenotaph Project 36 - 39 - Westmeath Cenotaph Project - Pdf Recommendation: That Council of the Township of Whitewater Region approve the award of Tender 2021-14 to 11425579 Canada Inc. for the Westmeath Cenotaph Project at a cost of $77,206.38 including non-refundable H.S.T.
6.4 Regulating Hawkers and Peddlers on Municipal 40 - 53 Property Regulating Hawkers and Peddlers on Municipal Property - 04 May 2021 - Pdf Recommendation: That Council of the Township of Whitewater Region approve the enactment of a Hawkers and Peddlers By-law and an $80 licensing fee.
6.5 Regulating Noise 54 - 65 Regulating Noise - 05 May 2021 - Pdf Recommendation: That Council of the Township of Whitewater Region receive a draft by-law to
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control noise for the purposes of public consultation.
6.6 Revised Site Plan Control By-law 66 - 73 Revised Site Plan Control By-law - 29 Apr 2021 - Pdf Recommendation: That Council of the Township of Whitewater Region approve an updated Site Plan Control By-law.
6.7 Site Plan Control Approval – Part of Lot 26, 74 - 83 Concession West Front E, Clem Trail Site Plan Control Approval – Part of Lot 26, Concession West Front E, Clem Trail - 30 Apr 2021 - Pdf Recommendation: That Council of the Township of Whitewater Region approve entering into a Site Plan Agreement with Dana and Neil Nicholson to implement the recommendations of the Environmental Impact Study dated June 28, 2008.
7. Notice of Motion
8. Adoption of Minutes
8.1 Special Council Minutes 84 - 89 Special Council Meeting - 14 Apr 2021 - Minutes - Pdf Recommendation: That Council of the Township of Whitewater Region approve the special council minutes of April 14, 2021
8.2 Closed Session Minutes Recommendation: That Council of the Township of Whitewater Region approve the closed session minutes of April 7, 2021 understating that they remain confidential.
9. Correspondence
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9.1 Letter of Support - Pembroke & Area Airport 90 - 91 Authority Funding Support Letter
9.2 Q1 2021 Calls Summary - OPP 92 - 95 Q1 Whitewater Region CFS report 2021
9.3 Development Charges FAQs 96 - 97 FAQ - Development Charges - 2021
9.4 Vegetation Control - CN Rail 98 - 104 2021_Vegetation Program_Community Notice_EN 2021 Vegetation program FAQs_EN
10. By-laws
10.1 May 5, 2021 105 - 21-05-1382 Development Charges Bylaw 137 21-05-1383 Site Plan Agreement Nicholson 21-05-1384 Site Plan Control Bylaw 21-05-1385 Confirmatory Recommendation: Be it resolved that the by- laws listed on the May 5, 2021 agenda be taken as read and passed.
11. Closed Session
11.1 Job Evaluation & Compensation Review - Preliminary Findings Recommendation: That Council of the Township of Whitewater Region move into closed session at __:__ p.m. as permitted under Section 9 of the Procedure By-law to discuss labour relations/employee negotiations and personal matters about an identifiable individual including municipal or local board employees, with the CAO/Deputy Clerk and Treasurer/Deputy CAO remaining in the room.
12. Adjournment
Page 4 of 137 Prayer Almighty God, we give thanks for the great blessings which have been bestowed on Canada and its citizens, including the gifts of freedom, opportunity, and peace that we enjoy. Guide us in our deliberations as Township Councillors, and strengthen us in our awareness of our duties and responsibilities. Grant us wisdom, knowledge, and understanding to preserve the blessing of this country for the benefit of all and to make good laws and wise decisions.
Amen
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Administration Report January to March 2021 (Q1/21)
P.O. Box 40, 44 Main Street Cobden, Ontario K0J 1K0 613-646-2282
www.whitewaterregion.ca
Page 6 of 137 Table of Contents
Message from the Chief Administrative Officer ...... 3 Community Development...... 4 Planning ...... 4 Building ...... 4 Economic Development, Tourism & Corporate Communications ...... 5 Finance & Administration ...... 6 Financial Services ...... 6 Asset Management & Risk Management ...... 7 Corporate Management & Legislative Services ...... 8 Legislative Services ...... 8 Health & Safety ...... 8 Office of the CAO ...... 8 Parks & Recreation ...... 10 Arenas ...... 10 Outdoor Rinks ...... 10 Boat Launches & Beaches ...... 11 Parks & Trails ...... 11 Protective & Fire Services ...... 12 Crossing Guards, By-law Services & Animal Control ...... 12 Fire Services ...... 12 Emergency Management ...... 13 Public Safety & Policing ...... 13 Public Works ...... 14 Administration, Fleet & Engineering ...... 14 Roads ...... 14 Waste Management ...... 15 Environmental Services ...... 15 Water & Wastewater ...... 15 Facility Management ...... 16 Staff Teams ...... 17
2 Table of Contents
Page 7 of 137 Message from the Chief Administrative Officer
The first quarter was once again dominated by the pandemic with a stay-at-home order imposed in late December. Council decided to keep ice in at the Cobden Arena and bookings resumed when safe to do so until the end of March. A successful outdoor rink was put in place through community leadership in Westmeath. Council was able to resume in person meetings with continued broadcasting on YouTube and electronic participation by presenters and delegations.
Staff have been working diligently to implement projects approved in the 2021 budget. Several tenders have already been issued. Consultation and engagement continued despite the pandemic. This includes electronic participation in Planning Public Meetings, and community feedback as part of the Seniors Community Needs Assessment, Active Transportation Plan survey, and Olmstead-Jeffrey Lake Road Public Information Centre.
Work was also completed on the development charges study, led by our Manager of Community Development. This will ensure new growth pays for a portion of infrastructure costs associated with a growing municipality. In addition, the County granted our request for delegated approval of severances at the Township level. This ensures one-window for applicants and will help streamline planning approvals and review going forward. The community development team has also completed a Welcome Package for new residents and started business profiles to help shine a light on local entrepreneurs.
Staff continue to work to implement Council’s 2020-2030 Strategic Plan, and the actions set out in the 2021 Departmental Workplan. This is our commitment to Council and the community and provides accountability and transparency on staff’s work. I want to thank all staff for the work they do, day in and day out. Please stay safe and well.
Sincerely,
Robert Tremblay Chief Administrative Officer
3 CAO’s Message
Page 8 of 137 Community Development
Community Development includes planning matters such as severances, site plans, zoning and official plan applications, as well as economic development & tourism, and corporate communications. Ivan Burton serves as Manager and Planner/Economic Development Officer. Building Code matters, under the responsibility of Chief Building Official Doug Schultz, are also summarized in this section.
Planning • One Site Plan Control Approval (Snyder’s Equipment Services) was considered by Council. Ten compliance reports were issued. • The Committee of Adjustment held two meetings to consider one Consent Application (Magnesium Road,) and three Minor Variance Applications (Astrolabe Road, Pembroke Street, Hendry Lane). • Awarded RFP 2020-22 for the Stormwater Assessment, Planning and Implementation of the Cobden Agriculture Area to Hutchinson Environmental Sciences Limited. Start-up meeting was held on February 18. • Facilitated the Olmstead-Jeffrey Lake Virtual Public Information Centre held on February 10. • Council approved the acceptance, assumption, dedication as public highway and naming of the lands described as Part 3 of Plan 49R-15937 (Rox Siding/Behm Line Intersection). • Submitted a joint funding application with Greater Madawaska to implement recommendations from the LEG Service Delivery Review for growth readiness policies, modernization of zoning and engineering standards through the Municipal Modernization Program Intake 2. • Met with local stakeholders relating to the proposed implementation of Development Charges. • Responded to upwards of 120 inquiries relating to land sales, zoning, setbacks, applications, approval processes, etc.
Building • For the first quarter 39 building permits were issued valued at $6,877,035. These include 21 single detached dwellings, 3 septic systems, 6 demolitions, 3 accessory buildings and 6 renovations. The CBO is also reviewing 2 large barns, a commercial garage and 2 commercial retrofits. • Issued 2 letters for building without building permit, 23 letters for outstanding building permits, 10 property standards infractions (transferred to by-law services) and 4 conditional building permits for Wren subdivision due to delayed MTO Building and Land Use Permits.
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Page 9 of 137 • Submitted a funding application to undertake a Building Services Review to streamline process, maximize resources, and meet increasing demand through the Municipal Modernization Program Intake 2. • Issued RFP 2021-12 for an all-wheel drive compact utility vehicle to replace the CBO vehicle.
Economic Development, Tourism & Corporate Communications • Issued a letter of support to BORCA in their application to the Canada Healthy Communities Initiative for the Vereyken Valley Trail Project • Issued letters of support to County of Renfrew/EORN Gig Project and NRTC Universal Broadband Fund. • Approved two Community Improvement Projects for septic systems improvements (Mowat Road, Sullivan Street) and issue payment for an accessibility improvement (Main Street). • Submitted a funding application for the completion of the OMAFRA Business, Retention and Expansion (BR+E) Program through the Rural Economic Development (RED) Program. • Presented a report to support the 2021 Census and encourage all residents to complete their census questionnaire. • Published five Business Showcases (I Like Chocolate, K&A Extreme Towing and Diesel Repair, White Pine Bison and Techshot Laser) • Finalized the Welcome Package. Online registration forthcoming (end of April). • Continued examination of options for the installation of a communication tower for fire services including leases with local broadband providers. • Published weekly block ads in local newspapers (Pembroke Observer, Whitewater News and Eganville Leader). • Issued four press releases on the Seniors Needs Assessment, Fire Department, with two related to Covid and services. • Parks & Recreation also coordinated the removal and storage of Christmas light displays from the main street corridors of both Cobden and Beachburg.
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Page 10 of 137 Finance & Administration
Sean Crozier, Treasurer/Deputy CAO leads Financial Services, including accounts payable/ receivable, taxation, purchasing, payroll, risk management, and asset management.
Financial Services • The total tax outstanding as of March 31, 2021 was $3,561,348.78: o $2,439,000.92 – current o $425,770.45 – 1-year arrears o $499,686.96 – 2+ year arrears o $161,836.97 – Interest o $35,053.48 – miscellaneous (tax sale revenue & utility transferred to water) • As of March 31, the Township had collected $3,324,275.84 of the interim tax bill (58.1%). • On January 6, the sixth of six utility bills pertaining to 2020 were issued in the amount of $263,489.78. As of January 31, 2021, $69,108.62 (~26%) remained uncollected. • On March 23, staff transferred $69,197.89 of utility arrears pertaining to 99 properties to their tax roll. • On March 3, the first of six utility bills pertaining to 2021 were issued in the amount of $312,634.74. As of March 31, 2021, $61,387.27 (~20%) remained uncollected. • On February 17, the following was awarded: o Tender 2021-05 Parks & Recreation Half Ton Truck in the amount of $38,607.79 to Mack Mackenzie Motors Ltd. to be funded from they Recreation Reserve. o Tender 2021-01 Mobile Column Lifts in the amount of $59,590.66 to ISN Canada Group Holdings Inc. to be funded from the Capital Reinvestment Reserve. o Sole source in the amount of $19,054.57 for the Joint Job Evaluation & Pay Equity Project to Cornerstone Management Solutions Limited to be funded from the 2021 Operating Tax Supported Budget. • On March 3, staff provided Council with a report clarifying landfill fees. • On March 17, Council approved supporting the Westmeath & District Recreation Association with a temporary loan of $38,000 and additional contributions of $63,474.59 for the Westmeath Arena BFA Ramp project. • On March 17, Council received a 2020-year end budget report and the Statement of Council Remuneration. • On March 24, the Treasurer and Deputy Treasurer attended the Tax Policy Working Group meeting hosted by the County of Renfrew. The effect of changing the multi-residential and industrial tax ratios were discussed but ultimately no change was being recommended from the Tax Policy Working Group to County Council. 6 Finance & Administration
Page 11 of 137 • Throughout quarter 1, staff implemented payment by debit at the landfill. A summary of payments are as follows: o January: $384.00 o February: $970.00 o March: $1,365.00 • Dog tag reminders were sent out to residents in quarter 1 with details on how to pay via PayPal. Sales compared to previous years were as follows: o 2021: $9,985 o 2020: $6,800 o 2019: $9,722 Asset Management & Risk Management • Council approved the assignment of the remaining funds from Ministry of Municipal Affairs & Housing received in 2019 to improve service delivery and efficiency, in the amount of $62,998 and set aside in reserve, for asset management initiatives. Public Sector Digest will be assisting to complete the mandated Asset Management Plan to ensure compliance under Ontario Regulation 588/17 for core and all assets required for 2021 and 2023. • Building condition assessments were completed for the Township’s five fire halls and three Public Works garages. • The Parks & Recreation Operational Review was completed and includes building condition assessments to help with asset management planning. • Data on all Township assets was reviewed as part of Asset Management Plan preparations. This is a key component of both the 2020-2030 Strategic Plan and 2021 Departmental Workplan. For each asset category, the plan will outline summary, description, replacement cost, average age, current levels of service, condition, and performance, as well as lifecycle activities. • Insurance 2021 renewal documents were received, and insurance certificates for any grant funds received.
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Page 12 of 137 Corporate Management & Legislative Services
Carmen Miller, Clerk provides leadership in legislative services. The Office of the CAO provides overall corporate management of the organization. Health & Safety matters are summarized in this section as well.
Legislative Services • The department officiated 1 wedding, 22 commissions and issued 2 lottery licenses. • Staff are continuing to update and revise by-laws. • Recreational Vehicle applications have been received to date with 2 permits have been issued. Reminder letters have been sent to those who had a permit last year. • Council met 7 times, passed 15 by-laws, and considered 39 reports.
Health & Safety • The JHSC Q1 meeting was held in March. Five incidents were reported. (1 failure to warn, 3 damages to property, and 1 worker injury). • First Aid kits were inspected. • Defibrillators on the fire trucks were inspected. • Nathan Tubby completed JHSC Part 1 certification.
Office of the CAO • A tender was issued for the sale of remaining vacant land in the Township’s Industrial Park. No bids were received through the process; however, McRae Excavating submitted an offer which was accepted by Council. • A review of the Township’s non-union salary grid and job evaluation system is underway with the assistance of Cornerstones Management Solutions Limited. The project involves reviewing the current job evaluation, classification, and salary structure to meet statutory Pay Equity obligations. A total of 31 job classifications are being reviewed, including full- time, part-time, casual, and seasonal positions. The non-union grid includes part-time and casual fire, arena, and library positions. The project is being completed collaboratively with other municipalities, including Bonnechere Valley, Greater Madawaska, McNab-Braeside, and Laurentian Valley. As part of this project, the consultants will provide group job evaluation training for the participating municipalities to be able to undertake job evaluation together in the future without a requirement for external assistance and in compliance with requirements. • The 2020 Legal/Claims Update was provided to Council in closed session. • Several grant opportunities were explored with the Township awaiting responses, including: 8 Corporate Management & Legislative Services
Page 13 of 137 o ICIP: Covid Stream - Local Government Intake ($100,000) – Beachburg Arena Restart (Chiller, Septic, Accessibility) o Canada Healthy Communities Initiative (Up to $250,000) – Cobden Marsh Trail o Public Safety Canada National Disaster Mitigation Program ($35,000) – Area Near Westmeath Provincial Park o Ontario Trillium Foundation - Resilient Communities Fund ($9,600) – Library Covid Measures o Canada Commemorative Partnership Program - Community War Memorial Funding ($25,000) – Westmeath Cenotaph o Ontario Rural Economic Development Program ($25,000) – Business Retention, Restart & Expansion Program o Ontario Inclusive Community Grants ($60,000) – Seniors Home Support & Active Living Pilot Project o Ontario Seniors Community Grant - Local Initiatives ($24,000) – Seniors Community Needs Assessment o FCM Municipal Asset Management Program ($50,000) – Master Servicing Study. • An update was provided on the Local Efficiency Group Joint Service Delivery Review. Several initiatives are being pursued with LEG partners, the Towns of Arnprior and Renfrew, and Townships of Admaston-Bromley, Greater Madawaska, Horton and McNab/Braeside. • Applications were also submitted to the second intake of the Province’s Municipal Modernization Program: o With the Townships of Admaston-Bromley and Greater Madawaska to undertake a review of road operations to maximize efficiency while ensuring utmost safety in each township. o With the Township of Greater Madawaska to implement recommendations from the Local Efficiency Group Service Delivery Review to position both Townships as "growth ready", specifically completion of growth readiness policies, modernization of zoning for growth, and a streamlined Development Approvals Process with construction standards. o Under the Third Party Review stream to undertake a Building Services Review to streamline process, maximize resources, and meet increasing demand. • The Township completed the Seniors Community Needs Assessment and Age Friendly Plan under the guidance of the Seniors Task Force and with the support of Barnes Consulting. The process included focus groups, a survey, and a concluding forum. Seniors and service providers took part in the process. • A community survey was completed as of the development of an Active Transportation Plan which is bring completed by WSP Consultants.
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Page 14 of 137 Parks & Recreation
The Parks & Recreation Department is led by Jordan Durocher, Manager. The Department is responsible for arenas, parks, boat launches, ball diamonds, beaches, and trails & active transportation. The department works closely with community partners.
Arenas • A second lockdown, which began December 26 prevented the community from using the Cobden Arena for the first six weeks of the first quarter. With the extension of the second lockdown, it prevented any regular bookings to proceed until mid-February. • The Eastern Ontario health units approved leagues to ‘re-set’ after the second lockdown. Teams who re-set would have to maintain these as a new bubble. Out of region teams were also recommended to be the same Covid-19 colours (i.e., green to green). The Whitewater Kings had a re-set to play Brockville Tikis. • The County of Renfrew moved to a yellow zone on March 8, preventing us from hosting users of the same green to green Covid-19 colour in our facilities. The Whitewater Kings forfeited their season shortly after. • March Break Skates were cancelled due to the change in March Break at local County schools. • Last ice was March 29. Total arena bookings in Cobden, during the first quarter, totalled 252 hours, despite the lockdown. • Plant shutdown occurred, and ice was removed by March 31. Regular ice out protocols occurred thereafter. • A brine leak occurred at the Beachburg Arena with plans for repair. The cost to repair will be approximately $13,000.00. • Building maintenance and snow removal was on-going throughout the lockdown at all facilities. • The Renfrew County Recreation Facility meetings resumed after the second lockdown. The nature of these meetings is to discuss, share, and implement safe and best practices for our users and staff during COVID-19. • Tender 2021-15 was issued for the repair on the chiller seals at the Beachburg Arena. Tender will be awarded in Q2. Outdoor Rinks • The Westmeath & District Recreation Association (WDRA) opened an outdoor rink with the support of the Township through the Community Recreation Grant. • In Foresters Falls, electrical upgrades took place and are on-going to satisfy Electrical Safety Authority (ESA) requirements.
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Page 15 of 137 Boat Launches & Beaches
• Pre-planning work to repair the Westmeath Boat Launch was undertaken and a virtual meeting with the Department of Fisheries & Oceans took place. On on-site visit will occur in Q2. • A new raft was ordered for Little Lakes. This raft will replace the exhausted raft that had been there for several years.
Parks & Trails • Updated light poles were completed in Veterans Memorial Park in Cobden as part of capital work and Electrical Safety Authority (ESA) requirements. Tree removal occurred at the same time for dying, dead, or trees interfering with hydro lines. Brush was also removed. • Tender No. 2021-05 for the Parks & Recreation half ton truck was awarded to Mack MacKenzie Motors Ltd. for the purchase of a 2021 Chevrolet Silverado Half Ton Truck. • Transition to parks began at the end of March. • Summer Park Attendant student position interviews were completed during the quarter; three park students were hired. Of these students, two are returning employees and one also joins us from arena operations. • Tender 2021-14 Westmeath Cenotaph Project was issued. Tender will be awarded in Q2.
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Page 16 of 137 Protective & Fire Services
Protective Services includes crossing guards, animal control, and by-law enforcement. The Fire Department is managed by Acting Fire Chief Guy Longtin and Deputy Fire Chief Jonathan McLaren. With over 60 volunteer firefighters and five stations, the Department ensures the protection of the area with suppression, training, and prevention. OPP matters are also summarized here. Carmen Miller, Clerk serves as the Township’s Community Emergency Control Coordinator. She also oversees crossing guards and contracts for animal control and by-law services.
Crossing Guards, By-law Services & Animal Control • The crossing guards were available when in person school occurred in Cobden. • Parents are being asked to drive their kids to school when able. • Staff are addressing by-law issues and animal control as calls are received. • Payment for dog tags can now be made online. Payments were also available at community stores until March 31. • Four 4 kennel licenses were issued.
Fire Services
Education and Prevention – The Acting Chief thanks the Pub Ed committee for the excellent video they produced for use in our schools. The teachers very well received it. Suppression and Emergency Response – The call volume has returned to normal for this quarter. A total of 18 calls were responded to with minimal dollar loss. With the early onset of spring like weather the grass/brush fires have already started. We will be monitoring the situation closely and will place a fire ban should the need arise. Training – It was nice to be able to return to in person training for a short period at the start of this quarter with 18 new recruits. This is the largest recruit class that we have ever had. Recent restrictions have the firefighters back to online training. We are hoping to see some relief to be able to return to in person training for the summer. Fire Permits – Agricultural permits were on the rise this quarter with many wanting to burn before the snow leaves us. Notice was posted about renewing your fire permits as they all expired at the end of 2020. Permits are also available online. Message from Outgoing Acting Chief – Since this will be my last quarterly report as your Acting Fire Chief, I would like to take this opportunity to thank Council for entrusting your fire department under my command. I would also like to thank Deputy Chief McLaren for his support and all the officers and firefighters for making my work so much easier. Whitewater Region should be proud of the professionalism exhibited by its volunteer fire department.
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Page 17 of 137 Emergency Management • MECG met regularly to keep up to date on all the new information that has been circulated from the various agencies, also to prepare for the spring freshet. • Dr. Jennifer Spinney and Dr. Brent Doberstein’s final study on 2019 flooding was received by Council in January. A total of 26 people participated in the study, including 22 residents and 4 Township representatives. • A motion from Councillor Jackson was approved regarding navigation on the Ottawa River. It asks the federal Minister of Transportation to consult whitewater tourism operators prior to imposing any bans. Staff are also exploring an agreement for service with Wilderness Tours for the provision of swift water operators and boats in the event of an emergency. • A flood readiness plan was also worked on and completed in Q2.
Public Safety & Policing
• The Province issued guidance on new Detachment Boards. Municipalities are encouraged to work together to determine composition with a minimum of 20% representation for each of citizen appointees and provincial seats. The Township is served by both the Upper Ottawa and Renfrew detachments. A report will be forthcoming by the CAO in Q2. • Work continues the development of the Community Safety and Well Being Plans which are being led by each detachment. • The Q4 2020 calls for service summary was received by Council in February. Q1 2021 calls for service summary is expected in Q2.
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Page 18 of 137 Public Works
Public Works is managed by Lane Cleroux. The Transportation Services Division is led by Randy Buckwalt, Roads Superintendent. This area includes responsibility for fleet and roads. The Environmental Services Division is led by Steve Hodson, Superintendent. The Division is responsible for facilities, drainage, utilities, waste & wastewater, as well as waste management, including recycling and curbside pickup.
Administration, Fleet & Engineering
• The Ross Garage received the four lifts to raise vehicle/ equipment. • A HP DesignJet T830 wide format printer/scanner was purchased from Cansel by request for quotation. • Jp2g Consultants were retained to prepare tender drawings and specifications for the rehabilitation of Grace Street in Westmeath. • The Stormwater Assessment, Planning and Implementation of the Cobden Agriculture Area RFP was award to Hutchinson Environmental Sciences Limited. A kick of meeting was held on February 18 with representatives from the Township, Jp2g, Hutchinson Environmental and Muskrat Watershed Council. • Tenders were released for a tandem, grader and drum roller. • The following items were sold on GovDeals. (Pricing includes HST and GovDeals administration fee): o 2005 Ford Explorer XLS 4.0L 4WD - $2,378.99 (Fire) o 2006 Dodge Ram 1500 4WD - $4,118.29 (Roads) o Auto Scanner Diagnostic Unit - $533.08 (Roads) o 1991 Olympia Ice Resurfacing Machine - $3,397.06 (Parks & Recreation) o 1995 Chevrolet C/K 1500 Ext. Cab 6.5-ft. Bed 4WD - $1,594.01 (Fire) • Installed pressure sensors to existing GPS systems to monitor plow up/down on plow trucks & moldboard up/down on graders. Upfitted all fire trucks with front & rear blue LED lighting.
Roads
• The department responded to 23 weather events, requiring sanding and/or plowing. Snow removal was completed 4 times in the villages and hamlets. • Manual brushing was completed on Oattes Rd and Fletcher Rd and Olmstead-Jeffrey Lake Road. • Pothole patching started in March and various washouts were repaired due to a fast thaw. Grading of gravel roads started in March.
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Page 19 of 137 Waste Management • Debit payment option was introduced at the Ross Landfill Site. • Jp2g Consultants were instructed to initiate the process of seeking further capacity at the Ross Landfill Site as well as site improvements. This direction is the outcome of their written proposal from 2020. • 2020 operational data has been compiled specific to waste management and it demonstrates a total of 465 tonnes of recyclables was collected curbside within the Township. • Landfill Site staff attended a two 2-day virtual training sessions on landfill operations. The training was facilitated by the Ontario Chapter of the Solid Waste Association of North America. • The annual operations report for the Ross Landfill Site was submitted to the Ministry of Environment, Conservation & Parks. • Sand was hauled into the Ross Landfill Site for cover material as the winter supply of mulch was diminished sooner than usual. • Changes to landfill fees were implemented and a flyer was distributed. A follow up report was also prepared for Council’s information.
Environmental Services • Energy consumption data (hydro, propane & furnace oil) for 2020 was compiled in Q1. • Discussions were initiated with Envari Energy Solutions to submit a proposal for the supply and engineering of LED streetlights for all remaining streetlights excluding Beachburg and La Passe.
Water & Wastewater • An inventory of the Townships linear assets (water mains, sanitary and storm sewers) was collected and assessed for Asset Management functions. A condition assessment of these linear assets as well as the Treatment Plants and their components was also undertaken. • Drinking Water System reports (Haley, Beachburg & Cobden) prepared by the Ontario Clean Water Agency were received for Council review and submission to the Ministry of Environment, Conservation & Parks as an annual requirement. • The Ontario Clean Water Agency is finalizing the tender package for preliminary engineering and re-coating of Filter #1 at the Cobden Water Treatment Plant. • Commissioning meetings for the Cobden Wastewater Treatment Plant are underway including automation & controls meetings. • The Cobden Wastewater Treatment Plant upgrade project status update as of March 31 is as follows: o Original Contract amount: $10,980,000.00 (including $400,000.00 contingency) o 50 change orders valued at $542,862.56 o Total completed value to date: $10,151,845.55 o Revised Contract Amount: $11,004,422.70 (including $400,000.00 contingency).
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Page 20 of 137 Facility Management • Services from Garland Canada were obtained to provide specifications for the roof replacement on the Cobden Water Treatment Plant. Garland will also act as project coordinator. • Electrical defects at various locations were corrected from the Electrical Safety Authority site visit reports.
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Page 21 of 137 Staff Teams
Corporate Management & Legislative Services Robert Tremblay, Chief Administrative Officer [email protected] Carmen Miller, Clerk/CEMC [email protected] Finance & Administration Sean Crozier, Treasurer/Deputy CAO [email protected] Kim Peterson, Deputy Treasurer [email protected] Julie Parr, Finance Assistant [email protected] Marsha Hawthorne, HR/Compensation Coordinator [email protected] Sandra Moss, Finance Clerk [email protected] Community Development Ivan Burton, Manager, Planner/EDO [email protected] Doug Schultz, Chief Building Official [email protected] Debbie Ready, Coordinator [email protected] Parks & Recreation Jordan Durocher, Manager [email protected] Arena/Park Operator III: Al Griffiths [email protected] Kelly Davidson [email protected] Jerry McIntyre [email protected] Fire Department Guy Longtin, Acting Fire Chief (to May 31)* [email protected] Jonathan McLaren, Fire Chief (June 1)* [email protected] Stacey Levesque, Deputy Chief* [email protected] Corey MacKenzie, Deputy Chief* [email protected] Julie Butala, Assistant* [email protected] Public Works Lane Cleroux, Manager [email protected] Environmental Services Steve Hodson, Superintendent [email protected] Bill Tripp, Landfill/Facilities Operator [email protected] Courtney Loan, Landfill Attendant* Transportation Services Randy Buckwalt, Roads Superintendent [email protected] Terry O’Malley, Mechanic [email protected] Driver/Operator: Derek Bennett, Roger Blaedow, Lindsay Broadhurst, Roy Church, Lucas Hewitt, Colin Limlaw, Andrew McLeese, Ward Somerville, Nathan Tubby, Perry Yach, and Anthony Zadow. *designates Part-Time
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Page 22 of 137 TOWNSHIP OF WHITEWATER REGION GL5410 Page : 1 Budget Variance Date : Apr 27, 2021 Time : 1:38 pm
For Period Ending 31-Mar-2021 2021 BUDGET 2021 ACTUAL VARIANCE $ VARIANCE % BV Variance VALUE VALUE
1 GENERAL FUND
Revenue Taxation -5,904,057.00 0.00 5,904,057.00 -1.00 Special Charges -35,000.00 -21,802.76 13,197.24 -0.38 Grant in Lieu of Taxes -50,000.00 -18,733.63 31,266.37 -0.63 Ontario Grants -1,333,400.00 -375,080.00 958,320.00 -0.72 Federal Grants -248,891.00 0.00 248,891.00 -1.00 Administration Revenue -192,322.00 -48,159.89 144,162.11 -0.75 Services & Rents -4,300.00 -558.50 3,741.50 -0.87 Miscellaneous Revenue -40,000.00 -2,589.35 37,410.65 -0.94 Sales -90,200.00 -7,798.28 82,401.72 -0.91 Miscellaneous Revenue -2,000.00 0.00 2,000.00 -1.00 Arena Sales -2,700.00 0.00 2,700.00 -1.00 Arena Rentals -180,378.00 -14,085.16 166,292.84 -0.92 Fire Department Revenue -133,350.00 -7,272.50 126,077.50 -0.95 Emergency Mesures -5,000.00 -3,250.00 1,750.00 -0.35 Building Department Revenue -118,400.00 -32,116.30 86,283.70 -0.73 Animal Control -21,100.00 -11,040.08 10,059.92 -0.48 By-Law Enforement -2,500.00 0.00 2,500.00 -1.00 Lottery License -4,000.00 -36.00 3,964.00 -0.99 Planning Revenues -36,700.00 -9,450.00 27,250.00 -0.74 Roads Revenue -4,489,500.00 -1,275.00 4,488,225.00 -1.00 Sewer/Water Revenue -790,750.00 -132,796.22 657,953.78 -0.83 Recycling Revenue -650,500.00 1,963.05 652,463.05 -1.00 Waste Management Revenue -157,000.00 -40,917.70 116,082.30 -0.74 Parks -107,000.00 0.00 107,000.00 -1.00 Boat Launches -2,000.00 0.00 2,000.00 -1.00 Tourism -5,000.00 0.00 5,000.00 -1.00 Industrial Park -23,125.00 0.00 23,125.00 -1.00 Drains -119,000.00 0.00 119,000.00 -1.00 Capital Revenues -57,500.00 0.00 57,500.00 -1.00
Total Revenue -14,805,673.00 -724,998.32 14,080,674.68 -0.95
Expenses Council 185,750.00 46,290.16 -139,459.84 -0.75 Ad-Hoc Committees 5,000.00 0.00 -5,000.00 -1.00 Administration 1,333,627.00 309,950.16 -1,023,676.84 -0.77 Administration Building 73,350.00 13,501.77 -59,848.23 -0.82 Fire Department 848,392.00 160,946.34 -687,445.66 -0.81 Policing 1,083,228.00 90,269.00 -992,959.00 -0.92 Emergency Measures 30,805.00 3,148.65 -27,656.35 -0.90 Building Administration 229,550.00 40,248.10 -189,301.90 -0.82 Building Department 750.00 630.91 -119.09 -0.16 Animal Control 25,591.00 5,134.34 -20,456.66 -0.80 By-Law Enforcement 11,541.00 1,079.86 -10,461.14 -0.91 Planning 213,350.00 38,356.04 -174,993.96 -0.82 Transportation 7,182,505.00 698,745.24 -6,483,759.76 -0.90 Street Lights 340,700.00 22,933.10 -317,766.90 -0.93 Crossing Guards 13,900.00 4,650.66 -9,249.34 -0.67 Airport 75,000.00 0.00 -75,000.00 -1.00 Sewer Distribution 100,510.00 1,861.61 -98,648.39 -0.98 Sewer Transmission 690,240.00 103,159.64 -587,080.36 -0.85 Recycling 339,000.00 55,767.77 -283,232.23 -0.84 Waste General 300,300.00 40,550.71 -259,749.29 -0.86 Landfill - Cobden 8,175.00 0.00 -8,175.00 -1.00 Landfill - Westmeath 13,225.00 2,917.97 -10,307.03 -0.78 Landfill - Ross 294,365.00 44,500.19 -249,864.81 -0.85 Parks 430,665.00 100,492.36 -330,172.64 -0.77 Tourist Booth 27,650.00 1,279.32 -26,370.68 -0.95
Page 23 of 137 TOWNSHIP OF WHITEWATER REGION GL5410 Page : 2 Budget Variance Date : Apr 27, 2021 Time : 1:38 pm
For Period Ending 31-Mar-2021 2021 BUDGET 2021 ACTUAL VARIANCE $ VARIANCE % BV Variance VALUE VALUE
1 GENERAL FUND
Boat Launches 80,000.00 0.00 -80,000.00 -1.00 Tourism 18,000.00 4,606.27 -13,393.73 -0.74 Arena - Cobden 252,900.00 60,522.13 -192,377.87 -0.76 Arena - Beachburg 251,089.00 14,859.09 -236,229.91 -0.94 Arena - Westmeath 80,720.00 9,842.28 -70,877.72 -0.88 Libraries 83,000.00 83,078.00 78.00 0.00 Museum 15,000.00 9,141.07 -5,858.93 -0.39 Industrial Park 31,000.00 25,000.00 -6,000.00 -0.19 Drainage 174,295.00 17,728.74 -156,566.26 -0.90
Total Expenses 14,843,173.00 2,011,191.48 -12,831,981.52 -0.86
Surplus/Deficit 37,500.00 1,286,193.16 1,248,693.16 33.30
Total GENERAL FUND 37,500.00 1,286,193.16 1,248,693.16 33.30
Page 24 of 137 TOWNSHIP OF WHITEWATER REGION GL5410 Page : 3 Budget Variance Date : Apr 27, 2021 Time : 1:38 pm
For Period Ending 31-Mar-2021 2021 BUDGET 2021 ACTUAL VARIANCE $ VARIANCE % BV Variance VALUE VALUE
2 WATER FUND
Revenue Cobden User Charges -1,070,000.00 -179,260.37 890,739.63 -0.83 Cobden - Capital Revenues -150,000.00 0.00 150,000.00 -1.00
Total Revenue -1,220,000.00 -179,260.37 1,040,739.63 -0.85
Expenses Cobden Administration 722,185.00 172,609.39 -549,575.61 -0.76 Cobden Transmission 365,310.00 4,790.19 -360,519.81 -0.99 Cobden Distribution 132,505.00 4,790.23 -127,714.77 -0.96
Total Expenses 1,220,000.00 182,189.81 -1,037,810.19 -0.85
Surplus/Deficit 0.00 2,929.44 2,929.44 0.00
Total WATER FUND 0.00 2,929.44 2,929.44 0.00
Total Surplus (-)/Deficit 37,500.00 1,289,122.60 1,251,622.60 33.38
Page 25 of 137
Meeting Date: May 05, 2021 Contact: Steven Hodson, Environmental Services Superintendent [email protected] 613-646-2282, Ext. 127
Title: Tender 2021-19 - Cobden Water Treatment Plant Roof Replacement
Recommendation: That Council of the Township of Whitewater Region approve the award of Tender 2021-19 to JC Fitzgerald & Sons Ltd at a cost of $52,096.03 inclusive of non-refundable HST.
Background: The older segment (pre-2008 plant upgrades) of the Cobden Water Treatment Plant (WTP) roof (located at 28 Bonnechere Street) has been leaking at the south corner for sometime and seems to be progressively worsening during rain events.
The existing roof is an inverted roof membrane assembly where the membrane and insulation is weighted down by ballast. The proposed roof replacement will be a modified bitumen roof where the membrane will be on the exterior and is adhered to the insulation.
Staff met with Matt McNeely of Garland Canada Building Envelope Solutions to acquire a cost for tender preparation (specifications) and project management services for the replacement of the flat roof components. Mr. McNeely submitted service costs as follows: • Roof Evaluation& Design Development: $1,000 of Total Project Cost • Contract Admin. and Project Management: $1,000 of Total Project Cost.
Analysis: A request for tender (#2021-19) was prepared by Garland Canada in conjunction with Township staff. The tender closed at 2:00 p.m., April 23, 2021 and a total of four tender submissions were received.
Tender submissions received for the Cobden Water Treatment Plant Roof Replacement were as follows:
Page 1 of 3
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BIDDER AMOUNT AMOUNT OPTION 1 OPTION 2 OPTION 1 OPTION 2 TOTAL TOTAL (Fastened (Adhered Including Including Insulation) Insulation) HST HST Atlas-Apex $65,592.00 $67,109.00 $74,118.96 $75,833.17 Roofing Irvcon Ltd. $67,341.00 $67,724.00 $76,095.33 $76,528.12
JC Fitzgerald $51,195.00 $51,895.00 $57,850.35 $58,641.35 & Sons Simluc $71,410.00 $70,995.00 $80,693.30 $80,224.34 Contractors Ltd.
Staff, in discussion with Garland Canada, support and recommend award to JC Fitzgerald & Sons from Pembroke for the roof replacement project selecting Option 1 (fastened insulation).
Strategic Plan Departmental Workplan: Ensure necessary funding is available for infrastructure operations, maintenance and renewal.
Engagement Consultation: Outreach and consultation with Garland Canada (building envelope specialists) followed by a formal external tender process. The roof replacement will be scheduled with the Ontario Clean Water Agency.
Financial Implications: The 2021 capital budget has $75,000 to be drawn from reserves to fund this project. The recommended JC Fitzgerald’s Option 1 submission of $52,096.03 (inclusive of non-refundable HST) is well within the budgeted amount. Other project costs include fees for Garland Canada of $2,035.20 (inclusive of non-refundable HST).
Next Steps: Following Council approval, award Tender 2021-19 Cobden WTP Roof Replacement to JC Fitzgerald & Sons.
Attachments: N/A
Page 2 of 3
Page 27 of 137
Prepared by: Steven Hodson, Environmental Services Superintendent
Reviewed by: Lane Cleroux, Manager of Public Works
Reviewed by: Sean Crozier, Treasurer/Deputy CAO
Approved by: Robert Tremblay, Chief Administrative Officer
Page 3 of 3
Page 28 of 137
Meeting Date: May 05, 2021 Contact: Lane Cleroux, Manager of Public Works [email protected] 6136462282, Ext. 128
Title: Tender 2021-16 Rehabilitation of Grace Street
Recommendation: That Council of the Township of Whitewater Region: 1. Approve the award of tender 2021-16 Rehabilitation of Grace Street to B.R. Fulton Construction Ltd. at a cost of $264,558.88 inclusive of non-refundable H.S.T.; and 2. Approve the single-source award of construction supervision and construction management to Jp2g Consultants Inc. (Jp2g) at a cost of $15,963.09 inclusive of non-refundable H.S.T.
Background:
Jp2g Consultants Inc. were retained in March to prepare a detailed design, tender documents and to assist with utility/County circulation.
The original project only consisted of Grace Street from Gore Line to Westmeath Road (County Road 12), but during the design, it was determined that Anne Street would be required to be completed to correct drainage.
The 0.3km rehabilitation project contains 4 major improvements: • New sidewalk from Our Lady of Grace Catholic School to Westmeath Road • Drainage improvements • Paved parking lot for Our Lady of Grace Catholic School • Pedestrian crossover on Westmeath Road The project also includes grading, granular base, hot mix asphalt paving, landscaping, concrete curb and gutter.
Page 1 of 7
Page 29 of 137 Tender 2021-16 Rehabilitation of Grace Street was issued on April 14, 2021 and was advertised on the municipal website and Biddingo. Twelve general contractors picked up tender documents from Jp2g.
Analysis: The tender closed on April 28, 2021 at 10 a.m. and submissions were opened in the Council Chambers by Treasurer Sean Crozier, Finance Clerk Sandra Moss and Manager of Public Works Lane Cleroux. CAO Robert Tremblay and representatives from Jp2g and RGT Clouthier Construction Ltd. attended the opening virtually.
Four bids were received and are summarized below: (including HST): • B.R. Fulton Construction Ltd. - $293,780.79 • 1956466 Ont Inc. o/a JWK Contracting - $328,354.13 • Greenwood Paving (Pembroke) Ltd. - $349,146.95 • RGT Clouthier Construction Ltd. - $400,225.00
Jp2g provided a tender report which reviewed the bids for mathematical errors, tender requirements and recommended the award to B.R. Fulton Construction Ltd. The bid from 1956466 Ont Inc. o/a JWK Contracting had minor mathematical errors. No addendums were issued during the tendering period and all bidders provided the required documents.
The unit priced tender included a school parking area and various provisional items. The Township will be reimbursed by Renfrew County Catholic District School Board (RCCDSB) for costs relating to the school parking area. The majority of provisional item costs are related to concrete sealing which staff aren't recommending due to budget restraints. The construction is expected to take 8 weeks and must be completed prior to the start of the 2021/22 school year.
Strategic Plan Departmental Workplan: Township's 2020 - 2030 Strategic Plan lists infrastructure as one of the strategic areas of focus. The construction project falls in line with a number of strategies from the Strategic Plan: • Prioritize roads for infrastructure investment. • Ensure necessary funding is available for infrastructure operations, maintenance and renewal. • Understand existing and sustainable levels of service for all assets. • Ensure the Township has the assets it needs to deliver services in an efficient and effective manner. • Minimize impacts of drainage, stormwater, flooding and climate change.
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Engagement Consultation: The project team consisting of Jp2g Consultants, Manager of Public Works and Roads Superintendent met with representatives of RCCDSB along with the principal of Our Lady of Grace Catholic School on two occasions to discuss the project.
Staff also met with representatives from Hydro One to discuss the relocation of a hydro pole on the corner of Grace Street and Westmeath Road (County Road 12) to allow space for a new sidewalk.
Letters will be sent to residents along Grace and Anne Street to communicate the project scope, schedule and contractor information. A dedicated webpage will also be created under the "projects tab" on the Township's website for project information.
Financial Implications: The 2021 capital budget listed the Grace Street project being funded by a $230,000 debenture. On April 21, 2021, the Treasurer/Deputy CAO presented a report to Council titled "2021 OCIF and Gas Tax Allocation Update". Council approved the recommendation of the 2021 budget amendments based on additional Ontario Community Infrastructure Fund and the Federal Gas Tax Top Up funds announcement. Based on the report, the Grace Street and Westross Road projects are now being funded from the Gas Tax Reserve rather than a debenture and the Capital Reinvestment Reserve respectively.
The Township currently has $505,418.84 in the Gas Tax Reserve with the following projects allocated: • Grace Street: $250,000 • Westross Road: $250,000
The Rehabilitation of Grace Street project costs are as follows:
Design and tendering $11,257.90 Construction $259,983.00 Construction supervision and $15,687.00 management Hydro pole relocation (Estimate) $10,000.00 Pedestrian crossover (Estimate) $18,000.00 School parking area reimbursement -$12,748.00 Provisional Items -$26,180.00
Page 3 of 7
Page 31 of 137 Sub-Total $275,990.90 Contingency (5% of construction) $12,999.15 Non-refundable H.S.T. $5,086.38 Total $294,085.43 The project overages are recommended to be funded with the remaining Gas Tax Reserve and from the Capital Reinvestment Reserve.
Next Steps: Staff will provide a letter of award to B.R. Fulton Construction Ltd. and execute a professional services agreement with Jp2g Consultants Inc. for construction supervision and management.
Attachments: - Tender Report - Project Limits
Prepared by: Lane Cleroux, Manager of Public Works
Reviewed by: Sean Crozier, Treasurer/Deputy CAO
Approved by: Robert Tremblay, Chief Administrative Officer
Page 4 of 7
Page 32 of 137 Jp2g Consultants Inc. ENGINEERS ▪ PLANNERS ▪ PROJECT MANAGERS 12 International Drive, Pembroke, ON, K8A 6W5 T 613-735-2507, F 613-735-4513, www.jp2g.com Jp2g Ref No. 21-5019A
2021-04-28 Via e-mail
44 Main Street, P.O. Box 40, Cobden, Ontario, K0J 1K0
Attention Lane Cleroux Manager of Public Works
Re: Tender Report Township of Whitewater Region Rehabilitation of Grace Street Township Project No. 2021-16
Dear Lane:
Tenders for the above noted project were received until 10:00 AM, local time, Wednesday April 28, 2021, for the construction works described in the Tender Documents. Twelve (12) general contractors picked up tender documents and four (4) tenders were received. The respective bids are summarized below:
Bidder Tendered Amount B.R. Fulton Construction Ltd. (Fulton) $259,983.00 JWK Contracting (JWK) $290,578.88 Greenwood Paving Ltd. (Greenwood) $308,979.60 R.G.T. Clouthier Construction Ltd. (RGT) $354,181.42 (above excludes HST)
The tenders have been reviewed for mathematical errors and some were found in JWKs tender (see note 1 below). We also reviewed the submitted unit prices and we did not notice any imbalances. The total tendered price submitted by B.R. Fulton Construction Ltd. is approximately 8 % higher than our Engineer’s pre-bid Estimate of $239,900.00 (excluding HST).
The tender documents required the submission of a number of deliverables and the following is a summary of what was provided:
Deliverable Fulton JWK Greenwood RGT Signed copy of Form of Tender ☒ ☒ ☒ ☒ Acknowledgement of Addenda ☒ ☒ ☒ ☒ Form of Tender detailed pricing ☒ ☒ ☒ ☒ Tender Deposit ☒ ☒ ☒ ☒ Agreement to Bond ☒ ☒ ☒ ☒ Schedule Submission ☒ ☒ ☒ ☒ Note 1: There was 3 mathematical errors found in JWKs form of tender, but they did not affect their total tendered amount.
Jp2g Ref No. 21-5019A, Client Project No. 2021-16 | Page 1 of 2 Page 5 ofApril 7 28, 2021
Page 33 of 137
In reviewing the deliverables submitted by B.R. Fulton Construction Ltd., we note the following:
• Schedule Submission o The sequencing of the work follows a logical order. o The duration of each task seems appropriate. o The schedule adheres to the time limits noted in the tender document. The list a start-up date of July 5, 2021, and a completion date of August 27, 2021.
Based on the review of the tender submissions, we see no reason not to the award the project to the low bidder B.R. Fulton Construction Ltd. in the amount of $259,983.00 excluding HST.
If Jp2g Consultants Inc. can be of further assistance during the evaluation process, please do not hesitate to contact the undersigned.
Yours truly, Jp2g Consultants Inc. ENGINEERS ▪ PLANNERS ▪ PROJECT MANAGERS
Brandon Harkins, P.Eng. Civil Engineer
c.c.: Steve Webster, Jp2g Consultants
Jp2g Ref No. 21-5019A Client Project No. 2021-16 | Page 2 of 2 Page 6 of4/28/2021 7
Page 34 of 137 Page 7 of Grace Street
Legend
Parcels Roads Provincial Highway County Municipal Maintained Municipal Seasonal Private
RIVERDALE ST
BLACKW ELL ST
ANNE ST T
S Our Lady of Grace
T E
S C
Catholic School
A E N
R N O I
G L T
N E
Y R
S O Proposed Sidewalk G
Our Lady of Grace Catholic Church
RAPID RD
WESTMEATH RD
T
S
G
U
L
P
RAGLAN ST
JESSIE ST Ü Page 35 of 137
0 0.025 0.05 0.1 0.15 0.2 Kilometers
Meeting Date: May 05, 2021 Contact: Jordan Durocher, Manager of Parks & Recreation [email protected] 613-646-2282, Ext. 122
Title: Westmeath Cenotaph Project
Recommendation: That Council of the Township of Whitewater Region approve the award of Tender 2021-14 to 11425579 Canada Inc. for the Westmeath Cenotaph Project at a cost of $77,206.38 including non-refundable H.S.T.
Background: In January 2020, Dr. Marian Laderoute reached out to the Township to donate the concerned parcel of land located on the north-east side of the intersection of Gore Line and Rapid Road in the village of Westmeath, Ontario. Council approved the acceptance of the donated lands.
Municipal staff approached Council with the possibility of relocating the cenotaph, currently located on a municipal recreation property across from the Westmeath Arena, to this more accessible and visible location which will increase engagement from youth, residents, Veterans, and Canadian Armed Forces members. The relocation of the cenotaph would allow for a leisure setting of shade and green space while offering cenotaph features to host commemorative days and celebrations.
While the Township Recreation Master Plan recommends that a park be located within walking distance of all population centers, this property will serve a dual function to provide for a location to honour veterans as well as a serve a passive park.
In early 2021, a grant was received from the Canada Commemorative Partnership Program – Community War Funding in the amount of $25,000. A tender was issued for the Westmeath Cenotaph Project to allow for relocation of the cenotaph to occur and utilize the remaining space as a park. the tender provided for site clearing and the cenotaph relocation and completion of the entire park as optional items. Staff recommend completing the park project in 2021.
Page 1 of 4
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Analysis: Two quotes were received.
Company Tender Price (incl. H.S.T) 11425579 Canada Inc. $85,734.23 Excel Contracting Inc. $144,301.00
Staff recommend awarding the tender to 11425579 Canada Inc.
Strategic Plan Departmental Workplan: Part of the Township's strategic plan for Recreation (2020-2023) is to provide safe, efficient and renewed recreation facilities, trails and parks. The Departmental Workplan includes the completion of 2021 budget capital items.
Engagement Consultation: Councillor Nicholson, as the former Council lead for Parks & Recreation, assisted with some pre-consultation for this project when relocation was considered. A project page will be added to the website and a flyer will be distributed to the immediate community.
Financial Implications: A class D estimate was provided to the Township by Civitas Group estimating approximately $111,000.00 to complete the project, less consultant fees.
Item Cost Westmeath Cenotaph Project $75,871.00 H.S.T. $ 9,863.23 Sub-Total $85,734.23 H.S.T. Rebate $(-) 8,527.85 TOTAL $77,206.33
In addition, two benches, a commemorative naming plaque for Boyer- Laderoute Park and main park sign will be added at an estimated cost of $6,500.
Recommended funding sources are as follows:
Page 2 of 4
Page 37 of 137 Total Cost (Tender + signage and benches) $83,706.33 Commemorative Partnership Program $25,000.00 Westmeath Park Reserve Fund $23,971.24 Park Purposes Reserve Fund $6,629.38 Park Reserve $868.00 Westmeath Park Reserve $500.00 Working Capital Reserve $26,737.71
Next Steps: A letter of award will be provided to the successful bidder. The project page will be added to the website and a flyer informing the community will be prepared.
Attachments: Westmeath Park Concept (not to scale)
Prepared by: Jordan Durocher, Manager Parks & Recreation
Reviewed by: Sean Crozier, Treasurer/Deputy CAO
Approved by: Robert Tremblay, Chief Administrative Officer
Page 3 of 4
Page 38 of 137 Page 4 of 4
Page 39 of 137
Meeting Date: May 05, 2021 Contact: Carmen Miller, Clerk [email protected]
613-646-2282, Ext. 123
Title: Regulating Hawkers and Peddlers on Municipal Property
Recommendation: That Council of the Township of Whitewater Region approve the enactment of a Hawkers and Peddlers By-law and an $80 licensing fee.
Background: Legislative Services is continuing with the review of by-laws on a regular basis, or as required by legislation.
Analysis: Currently, the Township has a by-law to regulate commercial events on municipal property, which does not include short form wording for laying of fines, nor does it address door to door sales. The draft Hawkers and Peddlers By-law addresses these two considerations. The by-law will require businesses to apply for a license prior to selling on municipal property. The by-law also applies to commercial businesses and any person who goes from place to place or to a particular place for a temporary period with goods, wares, merchandise or services for sale, or who carries and exposes samples, patterns or specimens or any goods, wares or merchandise that are to be delivered in the township.
This by-law will regulate commercial business providing a service on Township owned property and will eliminate the need for separate agreements to be entered into. Exemptions to this by-law include Farmers Markets.
Strategic Plan Departmental Workplan: One of the focuses of the Strategic Plan is Corporate Performance, including financial stainability, municipal services, and continuous improvement. The departmental workplan includes the completion of by-law reviews for hawkers & peddlers, noise, public sewers & water works, rates of speed, parking, solid waste, and pools.
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Engagement Consultation: The Ontario Court of Justice and MLES (contract by-law services) reviewed the by-law and short form wording, which will be established to fine those who contravene the by-law.
Financial Implications: A fee of $80.00 will be collected when a license is issued.
Next Steps: To enact the By-law and submit to the Court for short-form wording approval.
Attachments: Draft Hawkers and Peddlers By-law
Prepared by: Carmen Miller, Clerk/CEMC
Reviewed by: Sean Crozier, Treasurer/Deputy CAO
Approved by: Robert Tremblay, Chief Administrative Officer
Page 2 of 14
Page 41 of 137 The Corporation of the Township of Whitewater Region
By-law Number 21-05-13
A by-law to license, regulate and govern Hawkers and Peddlers in the Township of Whitewater Region
Whereas, Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws respecting business licensing;
Whereas, Section 150(1) of the Municipal Act, 2001, S.O. 2001, c25, as amended, provides in part that a local municipality may license, regulate and govern business wholly or partly carried on in the municipality;
Whereas, the Council of the Corporation of the Township of Whitewater Region deems it in the public interest to license hawkers and peddlers operating within the corporate limits of the Township of Whitewater Region;
Now Therefore the Council of the Corporation of the Township of Whitewater Region hereby enacts as follows:
1.0 Definitions
Applicant shall mean a person who makes a formal application for something.
Clerk shall mean the Clerk or designate for the Corporation of the Township of Whitewater Region.
Commercial Business shall mean a type of business activity that may distribute goods or provide services.
Hawker and Peddler shall include any person who goes from place to place or to a particular place for a temporary period with goods, wares, merchandise or services for sale, or who carries and exposes samples, patterns or specimens or any goods, wares or merchandise that are to be delivered in the Township afterwards and shall include persons selling goods, wares or merchandise.
Licensee shall mean the holder of the license.
Organizer shall mean a person(s) who arranges the details of a public event.
Special Event shall mean a one-time or infrequently occurring event outside normal programs or activities of the sponsoring or organizing body.
Township shall mean The Corporation of the Township of Whitewater Region.
2.0 Licenses
2.1 No person shall carry on any of the following trades, businesses or occupations in the Township as set out as Schedule “A” without a License to do so issued by the Township.
2.2 No person shall carry on a Commercial Business or Special Event on Township property as set out in Schedule “B” without a License to do so by the Township.
By-law 21-05-13 Page 1 of 12 Page 3 of 14
Page 42 of 137 2.3 The fee to be paid to the Township for a license pursuant to the provisions of this by-law shall be in an amount as prescribed in the Township’s User Fees and Charges By-law.
2.4 All Licenses issued under the provisions of this by-law shall expire no later than the 31st day of December of the year of issuance of the license; however, the Clerk may revoke the license at any time if, in the opinion of the Clerk, the provisions of this By-law are not complied with.
2.5 No License is required for hawking, peddling or selling goods, wares or merchandise:
2.5.1 If the goods, wares or merchandise are grown, produced or manufactured in the Township and are sold by the grower, producer or manufacturer or his agent or employee having written authority to do so, in the Township of Whitewater Region, or
2.5.2 If the goods, wares or merchandise are grown or produced by a farmer resident in Ontario who offers for sale or sells only the produce of his own farm, or
2.5.3 If the goods, wares or merchandise are sold by a person who owns and operates a business established in a commercial zone in the Township, or
2.5.4 If the goods, wares or merchandise are sold by persons participating in community events approved or sanctioned by the Township and participating in the event with written approval of the sponsor or organizer of the community event, or
2.5.5 If the person is acting solely on behalf of a bona-fide non- profit registered or incorporated charitable organization.
2.5.6 If the goods, wares or merchandise are sold by auction on private property.
3.0 Requirements
3.1 The Clerk is authorized to and may issue a License when an applicant has complied with all of the following requirements:
3.1.1 A statement in writing containing a full and complete description of the goods, wares, merchandise, and/or services that the Licensee proposes to sell or offer for sale in the Township.
3.1.2 A detailed drawing or event site plan showing the location and size of the area.
3.1.3 The fee prescribed has been paid to the Township.
3.1.4 A statement in writing from the owner of the property on which the hawker and peddler is to be located confirming that the property owner has granted permission to the hawker and peddler to sell goods, wares and merchandise from the site.
3.1.5 A report from the Township’s Planner, in the case of the Hawker and Peddler and Commercial Business operating
By-law 21-05-13 Page 2 of 12 Page 4 of 14
Page 43 of 137 from a particular place, indicating compliance with all applicable provisions of the Township’s Zoning By-laws, including, but not limited to land use, yard setbacks and sight triangle restrictions.
3.1.6 Other such documentation as may be required by the Clerk.
3.2 Where it appears to the Clerk that the applicant for a License fails to comply with the requirements of this By-law, the Clerk shall refuse to issue the license.
4.0 Regulations
4.1 No Licensee shall hawk, peddle or sell goods, wares, merchandise or services on a public highway, public park, public playground, or other public property within the municipal limits of the Township, unless prior written consent is obtained the Township of Whitewater Region Clerk or designate by the hawker and peddler.
4.2 Every Licensee shall, at all times while carrying on business, have a copy of the license issued by the Township, and in the case of a Hawker and Peddler operating from a particular place, a copy of a statement in writing from the property owner, and in the case of a Hawker and Peddler operating at a Special Event, a copy of the permission from the sponsor or organizer of the community event, and shall upon demand exhibit the documentation to any Township Official or Provincial Offences Officer.
4.3 No person shall enjoy a vested right in the continuance of a license and upon issuance, cancellation or suspension; a license shall remain the property of the Township.
4.4 No person shall transfer a licence.
5.0 Exemptions
5.1 A License is not required by the following:
a) A resident conducting a private yard/garage sale for the purpose of selling used household goods at their place of residence provided that said sales occur no more than four (4) times in a calendar year; b) An existing local producer, manufacturer or retailer making day sales or seasonal sales, if the temporary selling activity is an extension of the existing business at that location; c) A local producer of agricultural produce making day sales or seasonal sales if they has grown and harvested the produce he/she is selling and it is being sold from their own property. d) A vendor at a Township sanctioned farmer’s market or a vendor at a Craft Show organized by a local or not-for-profit organization; e) Industry tradeshows held for the purpose of selling goods to companies and not to the general public. f) Persons who are agents or employees of non-profit or charitable organizations and/or educational programs by conducting sales from place to place, or a fixed location. g) Persons fundraising for Whitewater Region based youth sports organizations and/or educational programs by conducting sales from place to place, or a fixed location.
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Page 44 of 137 6.0 Revoke a License 6.1 If at any time the Clerk, acting reasonably, determines that: 6.1.1 Incorrect or false information of a material nature was submitted in support of an application for a Special Event. 6.1.2 The Licensee is being operated in a manner contrary to the conditions of the licence or the information submitted in support of the application for the licence. 6.1.3 Based on the advice or recommendation of the OPP, Medical Officer of Health, CBO or Fire Department that a situation has developed in connection with the Licensee that presents a serious risk to the health and safety of members of the community or those attending the event, the Clerk may immediately cancel the licence upon written notice delivered to any person who is an Applicant of the license. 6.1.4 If a licence is cancelled, the Licensee shall not refuse to return the License or in any way obstruct the Clerk or By-law Officer from obtaining the License. 6.1.5 If a license, the Licensee is entitled to a refund of that part of the License fee which is proportionate to the unexpired part of the term for which the license was issued is revoked.
7.0 Offences
7.1 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction, is liable to a fine as provided for in the Provincial Offences Act, as amended.
7.2 Each day a contravention continues may be deemed to be a separate offence.
7.3 No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct, either directly or indirectly, an officer, employee and/or agent of the Corporation in the lawful exercise of a power or duty under this by-law.
7.4 Every person shall comply with any Order or Notice issued under the authority of this bylaw.
Read a first, second and third time and finally passed this 19th day of May, 2021.
Michael Moore, Mayor
Carmen Miller, Clerk
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Page 45 of 137 Schedule “A” Hawker and Peddler 1.0 In addition to all other provisions of the By-law, the provisions of this Schedule shall apply in respect to Hawkers and Peddles. 2.0 License Required 2.1 An annual or monthly license may be purchased subject to the provisions of this By-law. 3.0 Application 3.1 Every applicant for a Hawker and Peddler License shall submit to the Clerk: i) A letter from the owner of the property on which the sale is to take place authorizing the Applicant to conduct such a sale form the property; ii) A site plan of the sale location to be approved by the Clerk; iii) A statement in writing containing a full description of the goods, wares or merchandise that the Applicant proposes to sell or offer for sale under such License; and iv) Every applicant shall submit with the application the licensing fee as set out in the Fees and Schedule By-law. 4.0 Sale Location Prohibited 4.1 No Hawker and Peddler shall conduct a sale on any Highway or road allowance within the Township. 4.2 No Hawker or Peddler shall conduct a sale within 300 meters of any other existing business when the foods, wares or merchandises being sold or offered for sale are substantially the same as those begin offered for sale by the other existing business. 4.3 No Hawker or Peddler using a sidewalk from which to sell or offer for sale goods, wares or merchandise shall operate in such a manner as to obstruct such sidewalk or interfere with the normal use of such sidewalk by pedestrian. 5.0 Licensing Requirements 5.1 The Municipal Clerk shall have regard to the following criteria when determining whether to issue a License for a Hawker and Peddler: a) That operating the business will not pose a risk to the health and safety of Township residents or visitors. b) Whether the applicant has conformed with the provisions of all relevant Township by-laws and regulations; c) That the Applicant has provided a copy of a valid insurance certificate for public liability in the amount of not less than one million dollars ($1,000,000) that includes the Township as an additional named insured. d) That, where a Hawker and Peddler will operate from a fixed location, the Applicant has provided proof of written permission from the owner or authorized manager of land upon which the Hawker and Peddler is to be located, including the timeframe the Hawker and Peddler will operate on the land.
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Page 46 of 137 e) That, where a Hawker and Peddler will operate from a fixed location, the Applicant has submitted a site plan showing relevant site features including but not limited to vehicle and pedestrian entrance and exits and structure description. f) That, where a Hawker and Peddler will operate from place to place, with Applicant shall provide a map showing the locations they intend to visit and approximate timeframes or dates visiting said locations. g) The License issued shall clearly specify whether the Licensee is authorized to sell from place to place or form a specific location. h) That the Owner has submitted a Criminal Record Check, with vulnerable sector screening, which is date not more than ninety (90) days from the date the application was submitted. 5.2 The Clerk or designate may impose conditions not specified in this By- law as required of obtaining or renewing a License. 5.3 A Licensee shall abide by the following conditions while operating as a Hawker and Peddler pursuant to this By-law: a) No Hawker and Peddler who is licensed to sell form place to place shall establish a display at a fixed location. b) No Hawker and Peddler who is licensed to sell from a fixed location shall sell from place to place. c) No Hawker and Peddler shall operate in a way as to create a public hazard or nuisance. d) Every Hawker and Peddler selling from a fixed location shall have their License visibly displayed. e) Every Hawker and Peddler selling from place to place shall carry visible photo identification and shall produce a copy of their License upon request.
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Page 47 of 137 Schedule “B” Commercial Business
1.1 Every person who operates a Commercial Business shall comply with the following requirements: 1.1.1 Every person who wishes to obtain a licence for a Commercial Business conducted on Township Property shall, not later than sixty (60) days prior to the proposed commencement date of the Commercial Business, submit a complete application to the Clerk in the form of application attached as Schedule "C" to this Bylaw
1.1.2 Every application for a Commercial Business License on Township Property shall include all of the applicable information prescribed by this By-law and be accompanied by the prescribed fee payable in accordance with the Fees & Schedule By-law.
1.1.3 Every Applicant for a License to operate a Commercial Business on Township property shall submit a detailed drawing or site plan showing the location and size of the area where the Commercial Business proposes to set up.
1.1.4 No Commercial Business shall conduct a sale on any Highway or road allowance within the Township.
1.1.5 No Commercial Business shall conduct a sale within 300 meters of any other existing business when the foods, wares or merchandises being sold or offered for sale are substantially the same as those begin offered for sale by the other existing business.
1.1.6 Commercial Business using a sidewalk from which to sell or offer for sale goods, wares or merchandise shall not operate in such a manner as to obstruct such sidewalk or interfere with the normal use of such sidewalk by pedestrian.
2.0 Special Event
2.1 Every person who wishes to obtain a licence for a Special Event conducted on Township Property shall, not later than sixty (60) days prior to the proposed commencement date of Special Event, submit a complete application to the Clerk in the form of application attached as Schedule "C" to this Bylaw.
2.2 Every Applicant for a License to operate a Special Event on Township property shall submit a detailed drawing or site plan showing the location and size of the area where it is proposed to hold the Special Event, including a description of the relevant facilities including, where applicable:
2.2.1 The preparation, sale and consumption of food or refreshments, including necessary approvals from the Public Health Unit and local Fire Department, with fencing and seating noted.
2.2.2 Toilet and other sanitary requirements, including disposal of grey water and waste from temporary "go-huts or commodes" or recreational vehicles with attached contracts or proof the existing facilities are approved to process the volume of septage and waste water produced.
2.2.3 Waste and recyclables disposal bins.
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Page 48 of 137 2.2.4 The entertainment and spectator areas and detailed plans on handicapped seating, necessary fencing and entrances and exits.
2.2.5 Motor vehicle parking, including traffic control at the points of entry and exit onto public roads, and separation of motorized vehicles including, snow machines, A TV's and motorcycles from the spectators and any temporary camping facilities.
2.2.6 Any and all temporary grandstands and raised or constructed seating areas such to be inspected by the municipal CBO.
2.2.7 The exhibition or sale of goods or services, if any.
2.2.8 Temporary areas for camping and tenting complete with entry and access points for emergency vehicles.
2.2.9 Lighting reports including hours of operation and after-hours safety lighting, the pathway of wires on the ground, underground and through the air and the plan to be signed off by a qualified electrician.
2.2.10 Appropriately fenced or designated areas for the sale of alcohol and letters of compliance with the liquor licensing authority of the Province of Ontario.
2.2.11 The discharge of fireworks. Fireworks can only be set off between the hours of 6 pm and 11 pm and must have an area shown on the site plan where they will be discharged from and an area shown where they will land. A copy of the licence of the person(s) setting them off must accompany the application for the Special Event. The time of the discharge must be advertised in advance to warn adjacent property owners and residents. The plan for setting them off and the site of discharge must be reviewed with the Fire Department.
2.2.12 A plan (illness or incapacitation plan) for assisting those stricken by illness or incapacitation while attending the event.
2.2.13 A report indicating the expected levels of noise and the management of noise from the Special Event.
2.2.14 A copy of a letter to the OPP advising them of the Special Event and outlining the arrangements that have been made to provide adequate security for the Special Event, including crowd control, traffic control, on site security, emergency plan for evacuation of the site and the protection of properties in the vicinity of the Special Event.
2.2.15 A copy of a letter advising the Renfrew County Health Unit of the Special Event and outlining the arrangements that have been made in respect of the preparation, refrigeration and sale of food, toilet and sanitary conditions, and the disposal of kitchen and expected waste.
2.2.16 A copy of a letter advising the Fire Department of the Special Event identifying potential hazards, water sources and preventative measures expected to be employed by the applicant.
2.2.17 An agreement in a form satisfactory to the Township executed by each Organizer of the Special Event that includes a covenant to indemnify and save harmless the Township, its officials, agents
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Page 49 of 137 and employees from all costs, expenses, damages, claims and actions that were directly or indirectly caused by or that were the result of the Special Event or that resulted from the issuing of a licence for the Special Event.
3.3 Issuance of License
3.3.1 A certified copy of a policy of comprehensive general liability insurance including the Township as an added insured, issued by an insurance company licensed to issue such policy in the Province of Ontario providing for coverage for the duration of the Special Event(s) in the amount of at least two million dollars ($2,000,000.00) for injuries, damages, tort claims and actions caused by or resulting from the Commercial Event, and naming every Organizer of the Commercial Event and the Municipality as co-insured.
3.3.2 Upon receipt of the insurance policy, the application fee, and an application for a Special Event licence and upon being satisfied as to the accuracy, completeness and sufficiency of the information submitted in support of the application, the Clerk shall send a copy of the application to all neighbouring property owners and issue the Special Event licence in the name of every applicant.
3.3.3 If the Clerk, having reviewed an application, determines that there are other unique or special circumstances concerning the Special Event that warrant the imposition of special conditions for the better protection of the community and its inhabitants or the persons attending the event, the Clerk shall request additional information or conditions not identified in the body of this By-law. 3.3.4 In addition to such special conditions as the Clerk may impose, every licence issued for a Special Event shall be deemed to have been issued on the condition that the Special Event will be operated strictly in accordance with the information submitted in support of the application. 4.5. Exemptions This By-law shall not apply to the following: (a) Special Events organized by (i) The Municipality (ii) A church or other recognized religious organization (iii) A local not for profit or community service group which can demonstrate continued and long-standing contribution of funds to the betterment of the local community, and (iv) Schools.
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Page 50 of 137 Schedule “C”
Application for Commercial Business or Special Event
Being a By-law to regulate and license Commercial Business or Special Events held on municipal property in the Township of Whitewater Region
Date:______
Name of Applicant(s): ______
Mailing address:______
Email: ______
Cell Number: ______
Location of the event______
Date(s) of event(s)______
Documentation Checklist:
Facilities / Arrangements for the Following: Handling of Food Toilet and Sanitary Requirements Household. Waste and Recycling Disposal On Site Security
Event Site Plan to be Included: Indicate location of event, spectators, motor vehicle parking, food/refreshments, sale of goods/services, camping, sanitary services etc.
Estimated Number of Attendees:______
Letters of Compliance Pertaining to the Event (to be filed with the application if applicable) check if added
Ontario Provincial Police ______Renfrew County Health Unit______Renfrew County Paramedic Services______Whitewater Region Chief Fire Official ______Whitewater Region Chief Building Official ______Whitewater Region Planner______
Description of the means/methods to keep noise to a level that will not disturb inhabitants in the vicinity
Mandatory Certified Copy of Comprehensive General Liability Insurance ______
Licence Fee (Payment to be included with application) ______
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Page 51 of 137 Declaration
As the applicant/owner named above, I hereby make this application arid confirm that I have read By-law Number 21-05 XXXX and agree to abide by its regulations.
Indemnity
As an Organizer/owner, I hereby covenant and agree to indemnify and save harmless The Corporation of the Township of Whitewater Region, its officials, agents and employees from all costs, expenses, damages, claims and actions that are directly or indirectly caused by or that are the result of the Commercial Business or Special Event or that may result from the issuing of a licence for the Commercial Business or Special Event.
I also certify I have the authority to sign this agreement on behalf of the Organizers of the Commercial Event.
Dated ______
Applicant(s)______
Owner(s)______
This Licence is Hereby Granted and is in Effect for the Period
Site Plan
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Page 52 of 137 The Corporation of the Township of Whitewater Region Part I Provincial Offences Act By-Law 21-05- XXXX Schedule “D” – Penalty Provisions
Item Short Form Wording Provision Set Fine Number Creating or Defining Offence 1. 2.1 $150.00 Failure to obtain a license Hawker/Peddler 2. 2.2 $150.00 Failure to obtain a license Commercial 3. 4.1 $150.00 Hawking and Peddling without written consent
4. Failure to provide copy of license, written 4.2 $150.00 consent or permission 5 7.3 $250.00 Obstruct/Hinder officer 6 7.4 $150.00 Noncompliance with an order 7. Conduct sale on Highway or road Sch A s.4.1 $750.00 allowance 8. Conducting a sale within 300 meters Sch A s. 4.2 $150.00 of an existing business 9. Sch A s. 4.3 $150.00 Obstructing a sidewalk 10. Sch B s.1.1.4 $150.00 Conduct a commercial Business on a Highway or Road
11. A conducting a sale within 300 meters Sch B s. 1.1.5 $150.00 of an existing business 12 Sch B s. 1.1.6 $750.00 Obstructing a sidewalk
Note: The general penalty provisions for the offences listed below are found in Section 7.1 of By-law 21-05-XXXX a certified copy of which has been filed.
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Page 53 of 137
Meeting Date: May 05, 2021 Contact: Carmen Miller, Clerk [email protected]
613-646-2282, Ext. 123
Title: Regulating Noise
Recommendation: That Council of the Township of Whitewater Region receive a draft by-law to control noise for the purposes of public consultation.
Background: Legislative services is continuing to review by-laws. Currently the Township of Whitewater Region does not regulate noise. The Township has been receiving complaints regarding noise and has prepared a draft bylaw for Council's consideration.
Analysis: Regulating noise is a difficult task due to the range of noise, competing interests, and the natural occurrence of noise that exists. The Region is a place to work and rest, but also to enjoy music and outdoor activities. There can also be a high volume of construction activity as housing and transportation infrastructure is being built/repaired to meet the needs of the growing population. Residents wish to enjoy their homes and environments, and a noise by-law must balance these desires with many other factors.
A draft bylaw is attached it regulates noise and the times of day noise can occur. The purpose of the by-law is to preserve and protect the safety and welfare of all residents of the township by promoting peace and quiet.
Strategic Plan Departmental Workplan: One of the focuses of the Strategic Plan is Corporate Performances, including financial stainability, municipal services, and continuous improvement. The departmental workplan includes completion of by-law reviews for hawkers & peddlers, noise, public sewers & water works, rates of speed, parking, solid waste, and pools.
Engagement Consultation:
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Page 54 of 137 The by-law has been reviewed by MLES (contract by-law services) and the Ontario Court of Justice. The draft by-law is being provided to Council ahead of public circulation/consultation. Information will be posted on the Township's website with notice in the block advertisements. A follow up report will be presented on July 7, 2021.
Financial Implications: The costs to enforce are unknown at this time. The amount of fine revenue generated will be dependent on the level of enforcement.
Next Steps: The by-law will come forward to the July 7, 2021 meeting following a consultation period. Once adopted it will be sent to the Court for approval of the short forms, from there by-law services will be able to lay fines.
Attachments: Draft Noise By-law
Prepared by: Carmen Miller, Clerk/CEMC
Reviewed by: Sean Crozier, Treasurer/Deputy CAO
Approved by: Robert Tremblay, Chief Administrative Officer
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Page 55 of 137 The Corporation of the Township of Whitewater Region
By-law Number 21-XX-XXXX
A by-law to control noise in the Township of Whitewater Region
Whereas, the Council of the Corporation of the Township of Whitewater Region deems it advisable and expedient to enact this By-Law;
Whereas, under Section 129 of the Municipal Act, Chap M.45 2001, as amended, councils of local municipalities may pass by-laws prohibiting or regulating noise within the whole of the municipality or within certain defined areas;
Whereas it is recognized that people have a right to and should be provided to the extent possible, an environment free from unusual, unnecessary, or excessive noise or vibration which may unreasonably degrade the quality and tranquility of their life or cause nuisance; and
Whereas it is the policy of the Council to reduce and control such sound or vibration;
Now therefore Council of the Corporation of the Township of Whitewater Region enacts as follows:
1.0 Definitions
Agriculture - means the practice of cultivating the soil or the keeping/raising of animals;
Air Conditioner - includes an air conditioner, a fan, a heat pump or other similar device;
Auxiliary Equipment - means any device, attachment, delivery body or apparatus attached to a motor vehicle, either permanently or temporarily, for the purpose of 1) hauling property, vehicles or animals or 2) preserving perishable cargo through the use of heating or refrigerating systems;
By-law Enforcement Officer – means a person so appointed by the Municipality under the Police Services Act;
Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, the manufacturing of material used for highway construction, pouring of concrete, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose and includes any work in connection therewith;
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Page 56 of 137 Conveyance - includes a vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within a building;
Construction Equipment - means any non-domestic equipment, tool, device or motorized conveyance designed and intended for use in construction or demolition, automotive repair or material handling, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, drills, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment;
Council - means the Council of the Corporation of the Township of Whitewater Region;
dBA- means the sound level in decibels obtained when using a sound level meter with the A-weighting;
Emergency Vehicle - means a police motor vehicle, ambulance, fire truck or other vehicle responding to an emergency call pursuant to a statutory duty;
Engine Brake - means a device used in trucks and semi-trailer units to slow or brake the said vehicle by means of closing the exhaust valves on the engines of the said vehicles, or any similar device.
Fire Chief – means the person so appointed by the Council of the Corporation of the Township of Whitewater Region;
Firecracker – means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion;
Fireworks – includes firework shower, fountain, golden ran, lawn light, pinwheel, Roman candle, sparkler and other pyrotechnic devices producing quantities or effects of light, sound or smoke by the combustion of explosive or flammable composition but does not include firecracker;
Inhabitants - means any owner, tenant, occupier or licensee of real property within the Township of Whitewater Region;
Intermittent - means to cease for a time or to occur at intervals;
Leisure Vehicle - means any all all-terrain vehicle or snowmobile;
Motor Vehicle - includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include all-terrain vehicles, snowmobiles, other vehicles running only upon rails, construction equipment, farm tractor or a self-propelled implement of husbandry;
Motor Conveyance – means a conveyance propelled or driven other than by muscular, gravitational or wind power;
Municipality - means the land within the geographic limit of the Corporation of the Township of Whitewater Region;
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Page 57 of 137 Noise level in dBA units - means the reading of any precision sound level meter which meets the International Electro-technical Commission Publication 651 or the American National Standards Institute S1.4-1983,
Person - includes any physical or corporate entity, partnership or any association and the heirs, executors, administrators, successors and assigns or other legal representative thereof to whom the context may apply;
Point of Reception - means any point on the premises of a person where sound or vibration originating from other than those premises is received;
Residential Area - means all properties within the Corporation of the Township of Whitewater Region zoned Residential, Rural Residential or Limited Service Residential under the Zoning By-law, as amended;
Rural Area - means all properties within the Corporation of the Township of Whitewater Region zoned Rural Area and/or Agriculture under the Zoning By-law, as amended;
Solid Waste Bulk Lift - means a vehicle designated to load, unload and transport containers for handling refuse;
Township shall mean the Corporation of the Township of Whitewater Region.
2.0 Prohibitions
2.1 No person shall emit or cause or permit the emission of any nuisance noise resulting from an act listed herein and, which sound is clearly audible at a point of reception.
(a) The operation of any engine or pneumatic device without an effective exhaust muffling device in good working order and in constant operation.
(b) The operation of a motor vehicle or an engine so as to cause excessive motor revving, squealing of tires or other sounds that cause a disturbance.
(c) The operation of an engine or motor vehicle or item of attached auxiliary equipment for a continuous period exceeding five minutes, while such vehicle is stationary in a residential area, unless:
(i) the vehicle is in an enclosed structure constructed so as to effectively prevent excessive noise emission; or
(ii) the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the motor vehicle in which case such recommended period shall not be exceeded; or
(iii)operation of such engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to operation of ready-mixed concrete trucks, lift platforms, or refuse compactors and heat exchange systems during normal operation; or By-law 21-XX-XXXX Page 3 of 10
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Page 58 of 137 (iv)weather conditions justify the use of heating or refrigerating systems powered by the motor engine for the preservation of perishable cargo or for the safety and welfare of the operator, passengers or animals; or
(v) prevailing low temperatures make longer idling periods necessary, immediately after starting the motor or engine; or
(vi)the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburettor, or the like, when such work is performed other than for profit; or
(vii)the operation of such motor is essential to maintain radio and computer equipment for police, ambulance, fire vehicles and other emergency vehicles.
2.2 The operation of a motor vehicle horn or other warning device except where required or authorized by law, or in accordance with good safety practice;
2.3 The operation of any item of construction equipment that is without effective muffling devices.
2.4 No Person shall use or permit the use of any Engine Brakes or any other similar device on any motor vehicle in any location with the Township. The use of an engine brake is only allowed in emergency situations.
3. Prohibitions By Time And Place
No person shall emit, cause or permit the emission of a sound resulting from any act listed below if clearly audible at a point of reception in a Rural Area or Residential Area in a prohibited period of time. Prohibited periods of time are as follows:
A 11 pm one day to 7 am the next day (9 am on Sundays) B 7 pm one day to 7 am the next day (9 am on Sundays) C 11 pm one day to 7 am the next day (Sunday - Friday) C(1) Midnight to 7 am that day (Saturday – Sunday) D All day Sundays and Statutory Holidays E 7 pm one day to 7 am the next day F 8 pm one day to 6:30 am the next day (9 am on Sundays) G 12:30 am to dusk on the same day (New Year’s Day only) H 10:00 p.m. one day to dusk the next day
Residential Rural (a) The detonation of fire-works except those authorized by the G & H G & H Fire Chief and explosive devices except those in connection with construction activities.
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Page 59 of 137 (b) the discharge of firearms except Prohibited N/A when discharged for the At Any protection of livestock Time (c) the operation of a combustion engine, that is used in, or is B B intended for use in a toy or a model or replica of a larger device, which model or replica has no function other than amusement and which is not a conveyance and the property zone permits (d) The operation of any electronic C & C & device or group of connected C(1) C(1) electronic devices incorporating one or more loudspeakers or other Electro-mechanical transducers, and intended for the production, reproduction or amplification of sound (e) The operation of any auditory D & E D & E signaling device, including but not limited to: the ringing of bells or gongs, the blowing of horns, sirens or whistles, or the production or reproduction of the amplification of any similar sounds by electronic means, except where required or authorized by law or in accordance with good safety practices. (f) The operation of any motorized B N/A conveyance other than on a highway or other place intended for its operation including snowmobiles, all-terrain vehicles and off-road motorcycles that exceed 85 dBA (g) The venting, release or pressure A A relief of air, steam or other gaseous material, product or compound from any autoclave, boiler pressure vessel, pipe, valve, machine, device or system (h) Persistent barking, whining, Prohibited Prohibited calling, crowing or other similar At Any At Any persistent noise by any domestic Time Time animal or bird (i) The operation of commercial car D & E D & E wash air drying equipment. (j) Yelling, shouting, hooting, A A whistling or singing. (k) All selling or advertising by B B shouting or outcry or amplified sound
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Page 60 of 137 (l) Loading, unloading, delivery, D & E N/A packing, unpacking or otherwise handling any containers, products, materials or refuse whatsoever, unless necessary for the maintenance of essential services or the moving of private household effects that exceed 85 dBA (m) The manufacturing of construction D & F D & F material or the operation of any construction or manufacturing equipment in connection with construction or any construction related activity, including those activities that use explosive devices. (n) The operation of any powered or non-powered tool for domestic F F purposes other than snow removal. (o) The operation of a solid waste B B bulk lift or refuse compacting equipment. (p) Noise - Outdoor Patio C & C & C(1) C(1)
3.0 Emergency Exemptions
3.1 Notwithstanding any other provision of this by-law, it shall be lawful during an emergency to emit or cause to permit the emission of sounds or vibrations in connection with emergency measures;
(a) for the immediate health, safety or welfare of the inhabitants;
(b) for the preservation or restoration of services and property; unless such sound or vibration is clearly of a longer duration, or nature more disturbing than is reasonably necessary for the accomplishment of such emergency.
4.0 Other Exemptions
4.1 It shall be lawful to permit the emission of sounds or vibrations in connection with those activities listed below:
(a) Any parade authorized by Council;
(b) Use of bells or chimes normally associated with church or school activities;
(c) Any carnival, midway, circus, sporting event, recreational, musical, entertainment, festival or other event authorized by Council;
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Page 61 of 137 (d) Any sporting, recreational, musical, entertainment, festival, or other event or performance, in a municipal park, on a municipal road, or any other place, provided the specific written permission of Council has been obtained;
(e) All sounds normally associated with farming operations as governed by the Farming and Food Production and Promotion Act including animal sounds, the operation of farm equipment and machinery, providing that animals are kept under normal farm practices and providing reasonable maintenance of machinery and equipment inhibits noise according to manufacturer’s specifications;
(f) Authorized non-emergency work carried out by or on behalf of the Township unless such noise emission is of a longer duration or a nature more disturbing, than is reasonable necessary;
(g) Annual fall fairs operated by an Agricultural Society on property owned or leased by an Agricultural Society;
(h) Sounding of horns or alarms for the purpose of giving notice of fire and other emergencies for the immediate health, safety or welfare of the inhabitants or for the preservation or restoration of property;
(i) Noise between a common shared wall or floor by two adjacent dwelling units within an apartment, condominium or townhouse building, row buildings or carriage homes unless the sound can be clearly audible from the exterior of the building;
(j) Noise generated by sanding, salting, clearing of snow or the removal of snow;
(k) An outdoor singing performance;
(l) Victoria Day and Canada Day celebrations organized by the municipality or municipally sponsored organizations
5.0 Application to Council
5.1 Notwithstanding anything contained in this By-law, any person may make application, at least fifteen (15) days prior to the event, to Council to be granted an exemption from any of the provisions of this By-law with respect to any source of sound or vibration for which he/she might be prosecuted and Council, by resolution, may refuse to grant any exemption or Council, by resolution, may grant the exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as Council sees fit and provided;
(a) The event shall not create noise likely to cause a nuisance or exceed 65 dBA when measured at the point of reception;
(b) The event shall not exceed seven (7) calendar days in length;
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Page 62 of 137 (c) The event shall not continue between 0100 and 0900 hours on the same day;
6.0 Details of Application for Exemption
6.1 The application mentioned in subsection (a) shall be made in writing and shall contain:
(a) the name and address of the applicant;
(b) the name, address, telephone & e-mail of the organization represented by the Applicant, if applicable;
(c) the name of the contact person or persons who will be supervising the event
(d) the source of the sound or vibration in respect of which the exemption is sought;
(e) the provision of this By-Law from which the exemption is sought;
(f) the date and time of commencement of the event for which the exemption is sought;
(g) the time of conclusion for each day of the event for which the exemption is sought;
(h) the duration of the event for which the exemption is sought;
(i) the location of the event for which the exemption is sought;
(j) rationale for granting an exemption;
(k) payment of the inspection fee as described in Schedule A.
6.2 The Clerk or designate may require the Applicant to provide documentation confirming that notification of the event has been given to the affected parties including but not limited to community associations, business improvement areas and adjacent residents and businesses.
6.3 The Clerk or designate may require monitoring of sound levels resulting from the special event and if so, the monitoring shall be conducted at the Applicant’s expense as outlined in Schedule A attached hereto.
7.0 Decision
In deciding whether or not to grant the exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it sees fit.
8.0 Breach
Breach by the applicant of any of the terms or conditions of the exemption shall render the exemption null and void.
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Page 63 of 137 9.0 Exemptions
9.1 The provisions of this By-Law shall not apply to the Township or any local board thereof, the Province of Ontario, the Government of Canada or any of their agents or to any activity upon property owned by the forgoing.
9.2 The provisions of this By-Law shall not apply to agricultural operations and agricultural processing activities.
9.3 The provisions of this By-Law shall not apply to snow removal activities for hire.
10.0 Offence
10.1 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction, is liable to a fine as provided for in the Provincial Offences Act, as amended.
10.2 Each day a contravention continues may be deemed to be a separate offence.
10.3 No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct, either directly or indirectly, an officer, employee and/or agent of the Corporation in the lawful exercise of a power or duty under this by-law.
10.4 Every person shall comply with any Order or Notice issued under the authority of this bylaw.
This by-law shall come into force and effect on the date of passing.
Read a first, second and third time and finally passed this 7th day of July, 2021.
Michael Moore, Mayor
Carmen Miller, Clerk
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Page 64 of 137 The Corporation of the Township of Whitewater Region Part I Provincial Offences Act Bylaw 21-XX-XXXX: Noise By-law Schedule “A” – Penalty Provisions
Provision Creating Item Short Form Wording or Set Fine Defining Offence 1 Operate engine or pneumatic device without 2.1(a) $200 effective mufflers 2 Cause Disturbance – Operate motor vehicle or 2.1(b) $150 engine 3 Operate motor vehicle, engine or equipment 2.1(c) $150 more than 5 minutes 4 Unnecessary Noise - horn or other device 2.4 $150 5 Non-emergency Engine Break 2.2 $150 6 Cause Noise – fireworks or explosive device 3 (a) $150 7 Cause Noise – discharge of firearm 3 (b) $150 8 Cause Noise – model engine 3 (c) $150 9 Cause Noise – electronic device 3 (d) $150 10 Cause Noise – unnecessary use of audio 3 (e) $150 signaling device 11 Cause Noise – motorized conveyance 3 (f) $150 12 Cause noise – venting or pressure relief 3 (g) $150 13 Permit persistent - barking or other noise 3 (h) $150 14 Operate car wash drying equipment 3 (i) $150 15 Cause Noise - yelling, shouting, hooting, 3 (j) $150 whistling or singing 16 Selling or Advertising by shouting or amplified 3 (k) $150 sound 17 Cause Noise – loading, unloading, packing, 3 (l) $150 unpacking, delivery or handling other material or refuse 18 Cause Noise - manufacturing of construction 3 (m) $255. material 19 Cause Noise - operation of construction or 3 (m) $255. manufacturing equipment 20 Cause Noise – operate domestic tools 3 (n) $150 21 Cause Noise – operate solid bulk lift or refuse 3 (o) $200 compacting equipment 22 Noise – Outdoor Patio 3 (p) $150 23 Obstruction/Hinder Officer 10.3 $250 24 Non-Compliance with an Order or Notice 10.4 $250 Note: The general penalty provision for the offences listed above is Section 10.1 of By-Law No. 21-XX-XXXX certified copy of which has been filed.
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Meeting Date: May 05, 2021 Contact: Ivan Burton, Planner/EDO [email protected]
613-646-2282, Ext. 124
Title: Revised Site Plan Control By-law
Recommendation: That Council of the Township of Whitewater Region approve an updated Site Plan Control By-law.
Background: The Township became a member of CRINS in 2015. Their service was used on two occasions although delays were observed during the second occurrence. Following the passing of a motion on February 17, 2021 and further direction on April 14, 2021, Council was supportive of the alternative presented by staff to amend the Site Plan Control By-law to include radiocommunication towers and require public consultation established by Industry Canada. Staff have prepared a revised Site Plan Control By-law in accordance with Section 41 of the Planning Act and included provisions for the review of radiocommunication and broadcasting antenna systems.
Analysis: The revised Site Plan Control By-law found in Attachment No. 1 was prepared to be consistent with past practice and to incorporate radiocommunication towers. The by-law includes seven sections comprising of interpretations and application, definitions, exemptions, approvals, requirements, administration, and enforcement. Site Plan Control approval will continue to apply to new or major additions to commercial and industrial developments including parking lots, recreational vehicle and mobile home campgrounds and residential development having environmental constraints or greater than three (3) units (apartment dwellings). Site Plan approval will not apply to minor alterations/additions, public uses, farms, wayside pits, forestry, not-for-profit community facilities, roadside stands, flood control and accessory structures less than 100 sq. ft.
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Page 66 of 137 Proponents will be required to submit plans and drawings showing all facilities including the location of all buildings and structures to be erected and all site works as well as supporting reports and studies. Proponents will continue to enter into a Site Plan Agreement, subject to Council approval, to be registered against the lands and will outline the responsibilities of the proponent to construct and maintain the facilities. Lastly, the by-law includes provisions relating to administration by the Planner/ Economic Development Officer and Clerk and authority of the Mayor and Clerk to execute documents necessary to give effect to a Council decision.
Strategic Plan Departmental Workplan: This report supports the strategies of the 2020-2030 Township Strategic Plan, particularly with respect to: • Support initiatives to improve a high-speed regional telecommunications network. • Improve the development approvals process so that it is timely, efficient and effective. This report supports the strategies of the 2021 Community Development Workplan, particularly with respect to: • Support continued growth and development. • Updated Site Plan Control and Site Alteration By-law. o Foster economic development and tourism. ▪ Support high-speed regional telecommunications network initiatives.
Engagement Consultation: The Planning Act does not require Site Plan Control By-laws to be circulated for public engagement. Since the modifications to the Site Plan Control By- law are viewed as minor in nature, staff deem that public consultation is not warranted.
Financial Implications: Following the adoption of the Site Plan Control By-law, advise CRINS of the Township's withdrawal from their membership.
Next Steps: Attachment No. 1 – Revised Site Plan Control By-law
Attachments: There is no financial implication with the passing of the recommended motion.
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Prepared by: Ivan Burton, MCIP RPP (Planner/EDO)
Reviewed by: Robert Tremblay, MPA CMO AOMC (CAO)
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Page 68 of 137 The Corporation of the Township of Whitewater Region
By-law Number 21-XX-XXXX
A by-law to designate the whole area of the Corporation of the Township of Whitewater Region as a site plan control area, to exempt certain classes of development from approval of plans and drawings, under Section 41 of the Planning Act, R.S.O. 1990, c. P.13.
Whereas, Section 41 of the Planning Act permits the Council of a municipality by by-law, where in an Official Plan an area is shown or described as a proposed site plan control area, to designate the whole or any part thereof as a site plan control area; Whereas, Section 41 of the Planning Act, R.S.O. 1990, c. P.13, provides in part that, where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situated may, by by-law, designate the whole or any part of such area as a site plan control area; Whereas, the Official Plan of the County of Renfrew designates the entire geographical area of the County of Renfrew as a Site Plan Control Area pursuant to the provisions of Section 41(2) of the Planning Act, R.S.O. 1990, c. P.13; And Whereas, the Council of the Corporation of the Township of Whitewater Region considers it appropriate to designate the whole of the Township of Whitewater Region as a site plan control area, to exempt certain classes of development from approval of plans and drawings, under Section 41 of the Planning Act, R.S.O. 1990, c. P.13 to ensure the provision and maintenance of any of the facilities, works or matters to be provided in conjunction with all buildings and structures to be erected and any of the facilities, works or matters mentioned in Subsection 41(7) of that Act. NOW THEREFORE, the Council of the Corporation of the Township of Whitewater Region enacts as follows:
Section 1 – Title, Interpretation and Application
1.1 This by-law may be cited as the "Site Plan Control By-law" of the Township of Whitewater Region.
1.2 For the purposes of this by-law, words used in the present tense include the future; words in the singular number include the plural and words in the plural include the singular number; the word "shall" is mandatory; the word "used" shall also mean "designed to be used"; words shall be read with such changes to gender as the context may require.
1.3 The whole of the area located within the geographic limits of The Corporation of the Township of Whitewater Region is hereby designated as a site plan control area pursuant to subsection 41 (2) of the Planning Act.
1.4 The approval of plans or drawings in accordance with subsection 41(4) or 41(5) of the Planning Act is required before development is undertaken within the area described in Clause 1.3, unless otherwise exempt from approval as set out in this by-law.
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1.5 Any person who is required to draft a site plan must duly complete the Site Plan Control Approval application form, pay the security deposit, if applicable, and other appliable fees relevant to this application.
Section 2 – Definitions
For the purpose of this by-law the following words and phases shall have the meanings given below;
2.1 “Act” means the Planning Act, R.S.O. 1990. c. P.13;
2.2 “Corporation” means The Corporation of the Township of Whitewater Region;
2.3 “Council” means the municipal council of the Corporation;
2.4 “Development” means
i. the construction, erection or placing of one or more buildings or structures on land, including radiocommunication towers; or
ii. the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof; or
iii. the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164(4) of the Municipal Act, 2001 or of sites for the location of three or more mobile homes as defined in subsection 46(1) of the Planning Act, R.S.O. 1990. c. P.13; or
iv. sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46(1) of the Planning Act, R.S.O. 1990. c. P.13.
v. and includes redevelopment however excludes the placement of a portable classroom on a school site of a distinct school board if the school site was in existence on January 1, 2007;
2.5 “Development Agreement” means an agreement entered into between the Corporation and the Owner outlining the terms and conditions of the development and the approved plans and drawings as provided under Section 41(7)(c) of the Planning Act, R.S.O. 1990. c. P.13;
2.6 “Owner” means the person appearing as the registered Owner according to the records of the proper land registry office;
2.7 Where a word or term used in this by-law is not defined, the word or term has the same meaning as defined by the applicable zoning by- law, as amended from time to time.
Section 3 - Exempt Classes of Development
3.1 The following classes of development may be undertaken without the approval of plans and drawings otherwise required under subsection 41(4) or (5) of the Planning Act, and this by-law does not apply to such classes:
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Page 70 of 137 i. residential development of one or two dwelling units per lot, unless the lands exhibit physical constraints to development or are considered environmentally sensitive;
ii. alterations or additions of a minor nature to existing buildings and/or structures where there is a site plan agreement registered on title to the lot;
iii. private garage or carport;
iv. public uses;
v. farms;
vi. private park;
vii. wayside pits;
viii. forestry;
ix. community facility uses which are not operated for gain or profit;
x. roadside stand;
xi. buildings and structures for flood control or conservation purposes; and
xii. accessory uses to the foregoing, provided the accessory(s) are smaller than 10 square meters.
3.2 Despite Section 3.1, any development subject to site plan control that is damaged or destroyed by fire or natural hazard may be replaced or rebuilt without the need for site plan approval if it is within the same building envelope that existed before the damages occurred, the use does not require the addition of four (4) or more parking spaces and no new dwelling units or lodging units are created.
Section 4 – Application for Approval
4.1 Every site plan application shall be accompanied by the following plans, specifications, documents and information:
i. the plans referred to in Paragraph 1 of Subsection 41(4) of the Act, showing all facilities and works to be provided in conjunction with the building or structure and all facilities, works and matters referred to in Clause 41(7)(a) of the Act;
ii. the drawings referred to in Paragraph 2 of Subsection 41(4) of the Act;
iii. where required under clause 12(b) of this by-law one or more agreements with the Corporation dealing with the provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works and matters mentioned in Subsection 41(7) of the Act in accordance with the plans and drawings approved pursuant to the Act;
iv. where required under an agreement cash or an irrevocable letter
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Page 71 of 137 of credit in favour of the Corporation to protect the Corporation in respect of its liability for holdback to assure satisfactory provision and maintenance of the facilities and works and matters mentioned in Subsection 41(7) of the Act in accordance with the plans and drawings approved pursuant to the Act; and
v. all reports and studies required on the record of consultation or during review.
Section 5 – Requirements for Site Plan Approval
5.1 Prior to the submission of any application for site plan control approval, the owner shall formally consult with the Township, or their designate, for the purposes of identifying the need for and scope of any information and material necessary for consideration of the site plan control application.
5.2 As a condition to the approval of the plans and drawings referred to in subsection 41(4) of the Act, the Owner of the land shall hereby:
i. Provide at no expense to the Corporation the facilities, works or matters mentioned in clause 41(7)(a) of the Act approved in accordance with Section 41 of the Act and shown on the approved plans and drawings and in the development agreement; and
ii. Maintain at the sole risk and expense of the Owner the facilities or works mentioned in paragraphs 2, 3, 4, 5, 6, 7, 8 and 9 and clause 41(7)(a) of the Act and shown on the approved plans and drawings in the development agreement, approved in accordance with Section 41 of the Act, including the removal of snow from access ramps and driveways, parking and loading areas and walkways.
5.3 The owner of any land designated under this by-law shall be required as a condition of any development to enter into one or more agreement with the Township dealing with any or all of the facilities, works or matters referred to in Sections 4 and 5, as deemed necessary by Council, and Pursuant to Section 41(7)(c) of the Planning Act.
5.4 The Council shall require that any development agreement be registered against the lands to which it applies. The Council shall enforce the provisions of the development agreement or agreements against the owner of the said lands and, subject to the provisions of The Registry Act, and The Land Titles Act, any and all subsequent owners of the said lands.
Section 6 – Administration and Enforcement
6.1 This by-law shall be administered by the Planner/ Economic Development Officer and the Clerk.
6.2 The Mayor and the Clerk are hereby authorized to execute on behalf and under the seal of the Corporation any document necessary to give further effect to the provision of this by-law, when the appointed officers’ authority has been revoked.
6.3 If any provision of this by-law is for any reason held to be invalid, it is hereby declared to be the intention that all the remaining provisions
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Page 72 of 137 shall remain in full force and effect until repealed, notwithstanding that one or more provisions shall have been declared to be invalid.
6.4 In the event of conflict between the provisions of any guidelines or standards and any applicable zoning by-law or federal or provincial statute or regulation, the provisions of the zoning by-law or federal or provincial statute or regulation shall apply.
6.5 Every person who, without having plans or drawings approved in accordance with Section 41 of the Act, undertakes any development in the site plan control area designated by this by-law pursuant to Section 67 of the Act, is guilty of contravening Section 41 of the Act.
6.6 Every person who undertakes any development in the site plan control area designated by this by-law without providing or maintaining any of the facilities, works or matters that are mentioned in Clause 41(7)(a) of the Act and that are required by the Corporation under that clause as a condition to the approval of plans or drawings in accordance with Section 41 is, pursuant to Section 67, guilty of contravening Section 41 of the Act.
6.7 Every person who undertakes any development in the site plan control area designated by this by-law without entering into one or more agreements with the Corporation that deal with or ensure the provision or maintenance of any of the facilities, works or matters and that the person is required by the Corporation to enter into under that subsection as a condition to the approval of plans and drawings in accordance with Section 41 of the Act is, pursuant to Section 67 of the Act, guilty of contravening Section 41 of the Act.
6.8 Every person who is convicted of an offense under Section 41 of the Act is liable to a fine or penalty prescribed by Section 67 of the Act.
Section 7 – Effective Date and Repeal
7.1 This by-law shall come into effect upon third and final reading thereof.
7.2 By-law 09-04-379, as amended, being a by-law to enable the Township of Whitewater Region to utilize the provisions of Section 41 of the Planning Act, regarding lands within the Township of Whitewater Region is hereby repealed.
Read a first, second and third time and finally passed this 5th day of May, 2021.
Michael Moore, Mayor
Carmen Miller, Clerk
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Meeting Date: May 05, 2021 Contact: Ivan Burton, Planner/EDO [email protected]
613-646-2282, Ext. 124
Title: Site Plan Control Approval – Part of Lot 26, Concession West Front E, Clem Trail
Recommendation: That Council of the Township of Whitewater Region approve entering into a Site Plan Agreement with Dana and Neil Nicholson to implement the recommendations of the Environmental Impact Study dated June 28, 2008.
Background: The concerned property is described as Part of Lot 26, Westmeath Concession West Front E, has frontage on Clem Trail (Private Road) and has waterfront on the Ottawa River. The property was created by consent (File B184/15) in 2015/2016, has a lot frontage of 140 metres, a ranging depth of +/- 121 metre and 190 metres and a lot area of 1.72 hectares (4.26 acres). The property is currently vacant and the owner is seeking to construct a single detached dwelling with attached garage and a detached garage. The property is located within the “Waterfront Vicinity – Exception Twenty- Seven (WV-E27) Zone” per By-law Amendment No. 09-06-388 to Westmeath Zoning By-law No. 98-13. The WV Zone permits a variety of residential uses and accessory structures. Exception 27 allows for a reduce water setback of 20.0 metres from the highwater mark for a single detached dwelling subject to a Site Plan Agreement to implement the recommendations of the Environmental Impact Study dated June 28, 2008 and prepared by Ontario Resource Management Group Inc.
Analysis: The present report to enter into a Site Plan Agreement will conform the Provincial Policy Statement, County of Renfrew Official Plan and Westmeath Zoning By-law No. 98-13 as it will implement recommendations to preserve the substrate and vegetation from erosion during all phases of construction to protect the water quality.
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Page 74 of 137 Strategic Plan Departmental Workplan: This report supports the strategies of the 2020-2030 Township Strategic Plan and the 2021 Community Development Workplan with respect to: • Proactively address water quality to protect the Township’s water bodies. • Support continued growth and development.
Engagement Consultation: The present application does not require circulation pursuant to the Planning Act.
Financial Implications: The application fee has been received and the proponent will be required to engage their lawyer to register the agreement at their cost.
Next Steps: Advise the owner of the approval, execute the Site Plan Agreement and register on Title.
Attachments: Attachment No. 1 – Site Plan Agreement
Prepared by: Ivan Burton, MCIP, RPP, Planner/EDO
Reviewed by: Robert Tremblay, MPA CMO AOMC (CAO)
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Site Plan Agreement
Part of Lot 26, Westmeath Concession East Front E Clem Trail
Between
Dana and Neil Nicholson
AND
The Corporation of the Township of Whitewater Region
May 2021
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Between: Dana and Neil Nicholson
Hereinafter Called The “Owner” Of the First Part
And: The Corporation of the Township of Whitewater Region
Hereinafter Called The “Township” Of the Second Part
Whereas the Township of Whitewater Region has enacted Site Plan Control Provisions pursuant to the provisions of Section 41 of the Planning Act R.S.O. 1990, Chapter P.13, as amended;
Whereas the Owner is the Owner of the lands, more particularly described in the Schedule hereto annexed and marked "A", and which are hereinafter referred to as the "Site".
And Whereas the concerned property has been approved a Zoning By-law Amendment to permit a reduce water setback, subject to the entering into a Site Plan Agreement to address potential water quality impacts though the implementation of best management practices.
Now Therefore This Agreement Witnesseth that in consideration of the approval of the plans for the development on the subject parcel of land by the Township and the sum of Two Dollars ($2.00) of lawful money of Canada paid by the Owner to the Township, the receipt whereof is hereby acknowledged by the Owner, the Owner and the Township agree as follows:
Table of Contents
Part 1 Definitions, Land and Schedules Part 2 General Part 3 Building and Planning Requirements Part 4 Erosion and Sedimentation Control Part 5 General Conditions
1. Definitions, Land and Schedules
In this Agreement:
a) “Agreement” shall mean this Agreement and the Schedules which shall be deemed to be covenants as though specifically set out therein;
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b) “Township” shall mean the Corporation of the Township of Whitewater Region and shall include any employee or agent authorized by the Council of the said Township to act on its behalf;
c) “Township Engineer” means the Manager of Public Works for the time being or such other person or persons designated by him;
d) “Owner or Owners” includes the parties of the First Part, their heirs, executors, administrators, successors and assigns and agents thereof, contractor, or subcontractor carrying out the Work for or on behalf of the Owner or Owners;
e) “Work” shall mean any work, material, matter or thing required by this Agreement to be supplied or performed, or any part thereof and includes any work referred to in the Schedules attached herein.
The lands to which this Agreement applies are those described in Schedule “A” and shown on the plan described on Schedule “B”.
The following Schedules are attached hereto and form part of this Agreement.
Schedule “A” - Description of the land to which this Agreement applies Schedule “B” - Plan(s)
2. General
a) The Owner hereby agrees that the lands affected by this Agreement are those lands described in Schedule “A” to this Agreement.
b) The Owner covenants and agrees to satisfy all conditions of approval and abide by all municipal by-laws, statutes and regulations.
c) The Owner agrees to ensure that all development be made as per the engineering standards of the Township.
d) Minor modifications made to this Site Plan Agreement may be approved without an amendment to this Agreement with the authorization of the Planner/Economic Development Officer.
3. Building and Planning Requirements
a) The Owner shall not commence or permit the commencement of any building or structure before the issuance to the Owner by the Township of a building permit. No building permit shall be issued until such time as this Agreement is executed.
b) The Owner further agrees that the proposed building(s) and other Work specified in Schedule “B” attached hereto shall be erected in conformity with the said Schedules to the satisfaction of the Township and
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subsequently shall be maintained in conformity with the said Schedules hereto, to the satisfaction of the Township.
c) The Owner understands and agrees that written authority of the Township shall be obtained prior to any alterations being made which would in any way represent a departure from the specifications detailed in the said Schedules. It is also understood and agreed that failure to comply with any term or condition contained herein or with Schedule “B” attached hereto will result in withdrawal of the building permit, in which case the Owner hereby agrees to cease all work on the herein described lands, immediately on receipt of notice by the Township of withdrawal of the building permit, until such time as written authority is obtained from the Township to proceed.
d) The Owner agrees that it will arrange to provide and keep a copy of the said approved plans on Site on the said lands throughout the period of construction for the guidance of those employed to construct the Work.
4. Erosion and Sedimentation Control
a) The Owner agrees that during all phases of construction which impact the substrate (foundation excavation, pouring footings, tree removal, grading building areas, etc.) including the impacts of heavy equipment, approved erosion and sedimentation control measures must be utilized between the area of construction and the waterway.
b) The Owner agrees to install erosion and sedimentation control measures including the use of geotextile sedimentation screens, erosion blankets, straw bales, or other proven sedimentation reduction measures between the area of construction and the waterway.
c) The Owner agrees that erosion and sedimentation control measures must be implemented without impacting the waterway during the process of installation or removal of the control measure(s).
d) The Owner agrees to monitor the slope and/or the shoreline area daily for any signs of erosion, uprooting or sediment transport, especially after rain events. Disturbed areas should be stabilized as quickly as possible to reduce the duration and potential for erosion and/or sedimentation and construction best management practices should be followed during all stages of construction.
e) The Owner agrees that all proposed structures will be equipped with proper eaves trough to prevent excessive runoff of rainwater from the roof of the building and the eaves trough should drain into downspouts which prevent the discharge of rainwater directly onto the sand substrate. Options for mitigating the flow out of the downspouts include the use of coarse granular gravel/crushed rock around downspout areas, running downspouts into rain barrels, extending the outflow area of each downspout through perforated
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PVC drainage pipe, or by other means of reducing erosion at the discharge end.
f) Should any erosion, sedimentation or degradation of the substrate become evident at any stage of development or future use, the Owner is encouraged to investigate potential remediation and mitigation options as quickly as possible. Immediate action to prevent further deterioration will be critical to maintaining the site in such a situation.
g) The Owner agrees to comply with all requirements outlined in the Trimm Property Environmental Assessment dated June 28, 2008 and prepared by Ontario Resource Management Group, Inc.
5. General Conditions
a) In every clause of this Agreement, unless the contrary intention appears, words importing the singular number or the masculine gender only, include more persons, parties or things of the same kind than one, and females as well as males and the converse, and a word interpreted in the singular number has a corresponding meaning when used in the plural.
b) Any notice required or permitted by this Agreement to be given by the parties hereto shall be in writing and shall be conclusively deemed to have been delivered on the date of mailing of such notice.
c) All clause headings are for ease of reference only and shall not affect the construction or interpretation of this Agreement.
d) Any such notice required to be given herein shall be in writing and shall be delivered in person or by prepaid registered mail, to the attention of the Owner and/or the Township as follows:
To the Owner: Dana and Neil Nicholson 1073 Yakabuskie Road Westmeath, Ontario K0J 2L0
or such other address as the Owner has notified the Township Clerk in writing.
To the Township: Corporation of the Township of Whitewater Region 44 Main Street, P.O. Box 40 Cobden, Ontario K0J 1K0
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In Witness Whereof the Owner hereunto set his Hand and Seal or affixed its Seal duly attested to by its proper officers in that behalf.
Dated at the ______This ____ Day Of ______, 2021.
Signed, Sealed and Delivered in the presence of: Dana and Neil Nicholson
______Per: Title:
______Per: Title:
“We have the authority to bind the Corporation”
Dated at The Township Office This ____ Day Of ______, 2021.
Signed, Sealed and Delivered in the presence of:
The Corporation of the Township of Whitewater Region
______Michael Moore, Mayor
______Carmen Miller, Clerk
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Schedule “A” Description of The Lands to Which This Agreement Applies
Part of Lot 26, Westmeath Concession East Front E
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Schedule "B" Reports/Studies
The following reports/studies apply to this Site Plan Agreement and, except approval by the Planner/Economic Development Officer, the development of the lands, the construction of all Works will be in accordance with these reports/studies:
- Trimm Property Environmental Assessment dated June 28, 2008 and prepared by Ontario Resource Management Group, Inc.
The original plans can be viewed at the Corporation of the Township of Whitewater Region at the following address: 44 Main Street, P. O. Box 40, Cobden, Ontario, K0J 1K0.
Site Plan Agreement – Dana and Neil Nicholson
Page 10 of 10
Page 83 of 137 Township of Whitewater Region Special Council Meeting
Minutes
April 14, 2021 at 4:45 PM Council Chamber – 44 Main Street (Cobden)
Present: Mayor Michael Moore, Reeve Cathy Regier, Councillor Dave Mackay, Councillor Daryl McLaughlin, Councillor Charlene Jackson, and Councillor Neil Nicholson
Regrets: Councillor Olmstead
Staff: Ivan Burton, Lane Cleroux, Sean Crozier, Jonathan McLaren, Carmen Miller, and Robert Tremblay
1. Call to Order
The Mayor called the meeting to order at 4:51 p.m.
2. Declaration of Interest
None declared.
3. Discussion Items a) Seniors & Older Adult Task Force Appointment
Moved by: Councillor Neil Nicholson Seconded by: Reeve Cathy Regier That Council of the Township of Whitewater Region approve proposed the additional appointment to the Seniors & Older Adult Task Force. Carried - Resolution #2021-4417 b) Flooding Readiness Plan That Council of the Township of Whitewater Region approve the Flooding Readiness Plan as a component of the Emergency Preparedness and Response Program.
Special Council Minutes April 14, 2021 Page 1 of 6
Page 84 of 137 Postponed to April 21, 2021 c) Renfrew County and District Health Unit Memorandum of Understanding
A question was received regarding staff time back log of calls, how to book, posting to social media, and funding.
Moved by: Councillor Dave Mackay Seconded by: Councillor Charlene Jackson That Council of the Township of Whitewater Region approve entering into the Memorandum of Understanding with Renfrew County and District Health Unit regarding vaccination booking process support. Carried Resolution #2021-4418 d) Fire Safety Grant
Moved by: Councillor Charlene Jackson Seconded by: Councillor Neil Nicholson That Council of the Township of Whitewater Region approve the allocation of the Fire Safety Grant in the amount of $6,300 to be used to increase training opportunities. Carried Resolution #2021-4419 e) Canadian Radio Communications Information and Notification Service (CRINS)
Moved by: Councillor Dave Mackay Seconded by: Councillor Daryl McLaughlin That Council of the Township of Whitewater Region approval the withdrawal from the Canadian Radio Communications Information and Notification Service (CRINS) effective April 30, 2021, and direct staff to present an amending Site Plan Control By-law to include provisions for the review of radiocommunication and broadcasting antenna systems in accordance with Industry Canada Protocol CPC-2-0-03. Carried Resolution #2021-4420 f) First Impressions Community Exchange (FICE) and Community Improvement Plan (CIP) - Update
A question was received regarding a application that was not approved.
Special Council Minutes April 14, 2021 Page 2 of 6
Page 85 of 137 Moved by: Councillor Dave Mackay Seconded by: Councillor Neil Nicholson That Council of the Township of Whitewater Region receive this report for information purposes relating to the 2020 FICE and CIP Update. Carried Resolution #2021-4421 g) Zoning By-law Amendment – 2114 Pleasant Valley Road
Questions were received regarding wording of the bylaw, who monitors kennels, animal cruelty, permits per person/property, classification of kennel, permitted uses, and permits issued.
Moved by: Councillor Dave Mackay Seconded by: Councillor Neil Nicholson That Council of the Township of Whitewater Region approve an amendment to the previous site-specific zoning category “Agriculture - Exception Twenty-Six (A-E26) Zone” of the property located at 2114 Pleasant Valley Road to: • permit the use of a commercial breeding kennel and a domestic animal boarding facility; and • redefine Hobby Farm to allow the use as a principal source of income of residents. Carried Resolution #2021-4422 h) Development Charges By-law - Direction
Questions were received regarding where the new build is located, reserves, and how reserves can be spent.
Moved by: Councillor Charlene Jackson Seconded by: Councillor Dave Mackay That Council of the Township of Whitewater Region direct staff to prepare the final Development Charges By-law to include the following rates for consideration on May 5, 2021: • For a single detached dwelling: Township-wide services is $3,000.00, for Wastewater is $1,500.00 and for Water is $1,000.00. • For non-residential uses (per sq. ft.): Township-wide services is $0.50, for Wastewater is $1.00 and for Water is $0.50. • That Places of Worship and Bona Fide Farm Uses/Buildings be included as discretionary exemptions.
Special Council Minutes April 14, 2021 Page 3 of 6
Page 86 of 137 Carried - Resolution #2021-4423 i) Development Charges Interest Rate Policy
Questions were received regarding timing for implementation of the charge, policy application, and when the charge will be applied. Council requested additional clarification with regard to certain sections of the draft.
Moved by: Reeve Cathy Regier Seconded by: Councillor Dave Mackay That Council of the Township of Whitewater Region approve the Development Charges Interest Rate Policy. Postponed to May 5, 2021
Moved by: Councillor Charlene Jackson Seconded by: Councillor Dave Mackay That this item be postponed until May 5, 2021. Carried - Resolution #2021-4424 j) Community Development – Compact Utility Vehicle
Questions were received regarding a car versus a truck, vehicle size, CBO requirements, hand free capability, and depreciation value.
Moved by: Reeve Cathy Regier Seconded by: Councillor Charlene Jackson That Council of the Township of Whitewater Region approve the award of RFP No. 2021-12 to Mack Mackenzie Motors Ltd. for the purchase of a 2021 Chevrolet Equinox LS AWD at a cost of $33,180.19 including H.S.T. Carried Resolution #2021-4425 k) Tender 2021-09 Drum Roller
A question was received regarding delivery date.
Moved by: Councillor Charlene Jackson Seconded by: Councillor Dave Mackay That Council of the Township of Whitewater Region approve the award of tender 2021-09 to Strongco for the purchase of a 2021 Volvo SD115B at a cost of $157,524.48 inclusive of non-refundable H.S.T.
Special Council Minutes April 14, 2021 Page 4 of 6
Page 87 of 137 Carried - Resolution #2021-4426 l) Tender 2021-08 Grader
A question received regarding the brush head.
Moved by: Reeve Cathy Regier Seconded by: Councillor Daryl McLaughlin That Council of the Township of Whitewater Region approve the award of tender 2021-08 to Brandt Tractor Ltd. for the purchase of a 2021 John Deere 770GP at a cost of $376,277.95 inclusive of non-refundable H.S.T. Carried - Resolution #2021-4427 m) Tender 2021-07 Reversible Plow Tandem Truck
Questions were received regarding meeting the delivery deadline, local company, and lowest tender. Direction was given to staff to reinforce the point that the truck be received before January 30, 2022
Moved by: Councillor Charlene Jackson Seconded by: Councillor Neil Nicholson That Council of the Township of Whitewater Region approve the award of tender 2021-07 to Francis Canada Truck Centre Inc. for the purchase of a 2022 Freightliner 114 SD at a cost of $298,156.80 inclusive of non-refundable H.S.T. Carried- Resolution #2021-4428 n) Participation in Appraisal Update - CN Beachburg Subdivision Corridor
The CAO confirmed that Laurentian Valley would be participating in the appraisal.
Moved by: Councillor Dave Mackay Seconded by: Councillor Daryl McLaughlin That Council of the Township of Whitewater Region approve participation in an updated appraisal of the CN Corridor- Beachburg Subdivision at an estimated cost no greater than $5,000. Carried - Resolution #2021-4429
Special Council Minutes April 14, 2021 Page 5 of 6
Page 88 of 137 4. By-laws a) April 14, 2021
Moved by: Councillor Dave Mackay Seconded by: Councillor Neil Nicholson Be it resolved that the by-laws listed in the April 14, 2021 agenda be taken as read and passed. Carried - Resolution #2021-4430
5. Closed Session a) CUPE 4353 Matters
A break was called at 6:50 and the closed meeting reconvened at 7:00 p.m. The clerk report out in open session at 7:41 p.m. that only the item was discussed and direction was given to the CAO regarding the cost implications due to CUPE 4353.
Moved by: Councillor Dave Mackay Seconded by: Councillor Daryl McLaughlin That Council of the Township of Whitewater Region move into closed session at 6:50 p.m. as permitted under Section 9 of the Procedure By-law with staff participating in the meeting to discuss labour relations or employee negotiations (CUPE 4353 Matters), with staff remaining in the room. Carried - Resolution #2021-4431
6. Adjournment
The meeting adjourned at 7:42 p.m.
Mayor Michael Moore Clerk Carmen Miller
Special Council Minutes April 14, 2021 Page 6 of 6
Page 89 of 137
Friday, April 23, 2021
Council Members Allan Wren, Chairperson Mayor Michael Moore Pembroke & Area Airport Reeve Cathy Regier Councillors: 176 Len Hopkins Drive, Charlene Jackson Pembroke, Ontario K8A 6W7 Dave Mackay Daryl McLaughlin Neil Nicholson Re: Seeking Provincial and Federal Government Funding for the Airport Chris Olmstead
Mr. Wren:
The Township of Whitewater Region is a proud co-owner of the Pembroke & Area Airport. We continue to be in support of the airport because it connects to our municipality growth, despite our municipality being more than 40 kilometres from the facility.
In line with our strategic plan, infrastructure is a key investment for our operations and growth. We are a municipality that relies on air transport for medical transport, flooding surveillance, forest firefighting and the attraction of business to support our economic development initiatives. It is not uncommon for businesses to fly into the airport while researching business interests, including those located within our municipal borders. As part of the larger County of Renfrew, any local investment benefits our region as a whole.
The airport is an efficient method of transportation for critical care services and opportunities to promote business attraction. Efficiency is important in building communities and running them effectively on behalf of the taxpayers. This is why we partner with five other municipalities to share in the opportunities that the airport provides with a certified, 5,000-foot runway.
It is also important for us to note that Garrison Petawawa commits nearly $1 billion annually into Renfrew County. As a key user of the airport, and Canada's (613) 646-2282 largest military base, that relationship is important to all of our communities. We have soldiers and families as residents and we have businesses that support the P.O. Box 40, 44 Main Street Garrison through procurement opportunities. The Garrison benefits from the Cobden, ON airport, and our community benefits from the Garrison. Those are relationships K0J 1K0 that are worth protecting. www.whitewaterregion.ca
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Council Members If there is anything further we can provide in support of future funding Mayor Michael Moore applications, please reach out through our Pembroke & Area Airport Commission Reeve Cathy Regier Councillors: member, Daryl McLaughlin, or to myself directly. We are here to support the Charlene Jackson airport's initiatives however we can. Dave Mackay Daryl McLaughlin Neil Nicholson Respectfully, Chris Olmstead
Michael Moore, Mayor Township of Whitewater Region
(613) 646-2282
P.O. Box 40, 44 Main Street Cobden, ON K0J 1K0 www.whitewaterregion.ca
Page 91 of 137 Calls For Service (CFS) Billing Summary Report
Twp of Whitewater Region January to March - 2021 2021 2020 Billing Categories January January Year to (Billing categories below do not match Year to Time Year To Date Time Year To Date to to Date traditional crime groupings) Date Standard Weighted Hours Standard Weighted Hours March March Violent Criminal Murder 1st Degree 0 0 0.0 2 2 16.0 32.0 Code Sexual Assault 0 0 0.0 6 6 16.0 96.0 Assault-Level 1 2 2 16.0 32.0 6 6 16.0 96.0 Assault Peace Officer 2 2 16.0 32.0 0 0 0.0 w/weapon Bodily Harm Robbery, With Threat of 0 0 0.0 2 2 16.0 32.0 Violence Extortion 2 2 16.0 32.0 0 0 0.0 Criminal Harassment 6 6 16.0 96.0 8 8 16.0 128.0 Criminal Harassment - 0 0 0.0 2 2 16.0 32.0 Offender Unknown Indecent/Harassing 2 2 16.0 32.0 2 2 16.0 32.0 Communications Utter Threats to Person 2 2 16.0 32.0 2 2 16.0 32.0 Total 16 16 16.0 256.0 30 30 16.0 480.0 Property Crime Break & Enter 2 2 6.5 13.0 8 8 6.5 52.0 Violations Break & Enter - Firearms 0 0 0.0 2 2 6.5 13.0 Theft Over - Trailers 2 2 6.5 13.0 2 2 6.5 13.0 Theft of Motor Vehicle 0 0 0.0 2 2 6.5 13.0 Theft of - Automobile 2 2 6.5 13.0 0 0 0.0 Theft under - Other Theft 2 2 6.5 13.0 6 6 6.5 39.0 Theft Under - Gasoline 0 0 0.0 4 4 6.5 26.0 Drive-off Theft FROM Motor 2 2 6.5 13.0 2 2 6.5 13.0 Vehicle Under $5,000 Fraud -Master code 0 0 0.0 4 4 6.5 26.0 Fraud - Steal/Forge/Poss./Use 2 2 6.5 13.0 0 0 0.0 Credit Card Fraud - False Pretence < 2 2 6.5 13.0 0 0 0.0 = $5,000 Fraud - Fraud through 0 0 0.0 2 2 6.5 13.0 mails Fraud -Money/property/ 2 2 6.5 13.0 2 2 6.5 13.0 security > $5,000 Fraud -Money/property/ 6 6 6.5 39.0 4 4 6.5 26.0 security <= $5,000 Fraud - Other 10 10 6.5 65.0 4 4 6.5 26.0 Personation with Intent 14 14 6.5 91.0 0 0 0.0 (fraud) Mischief - master code 4 4 6.5 26.0 8 8 6.5 52.0 Interfere with lawful use, 2 2 6.5 13.0 2 2 6.5 13.0 enjoyment of property Property Damage 0 0 0.0 4 4 6.5 26.0 Page 92 of 137 Report Content Last Updated: Report generated by: Report generated on: 2021/04/24 Ferguson, Dawn Apr 27, 2021 3:45:18 PM Page 1 of 4 Calls For Service (CFS) Billing Summary Report
Twp of Whitewater Region January to March - 2021 2021 2020 Billing Categories January January Year to (Billing categories below do not match Year to Time Year To Date Time Year To Date to to Date traditional crime groupings) Date Standard Weighted Hours Standard Weighted Hours March March Property Crime Total 52 52 6.5 338.0 56 56 6.5 364.0 Violations Other Criminal Bail Violations - Fail To 2 2 7.8 15.6 4 4 7.8 31.2 Code Violations Comply (Excluding traffic) Breach of Probation 2 2 7.8 15.6 6 6 7.8 46.8 Utter Threats to damage 2 2 7.8 15.6 0 0 0.0 property Animals - Cruelty 0 0 0.0 2 2 7.8 15.6 Total 6 6 7.8 46.8 12 12 7.8 93.6 Drug Possession Drug related occurrence 2 2 6.5 13.0 0 0 0.0 Total 2 2 6.5 13.0 0 0 0.0 Statutes & Acts Landlord/Tenant 0 0 0.0 8 8 3.4 27.2 Mental Health Act 12 12 3.4 40.8 10 10 3.4 34.0 Mental Health Act - No 2 2 3.4 6.8 2 2 3.4 6.8 contact with Police Mental Health Act - 2 2 3.4 6.8 0 0 0.0 Voluntary Transport Mental Health Act - 2 2 3.4 6.8 0 0 0.0 Placed on Form Trespass To Property 4 4 3.4 13.6 2 2 3.4 6.8 Act Total 22 22 3.4 74.8 22 22 3.4 74.8 Operational Domestic Disturbance 14 14 3.6 50.4 30 30 3.6 108.0 Suspicious Person 4 4 3.6 14.4 6 6 3.6 21.6 Phone -Nuisance - No 2 2 3.6 7.2 8 8 3.6 28.8 Charges Laid Phone -Other - No 2 2 3.6 7.2 2 2 3.6 7.2 Charges Laid Fire - Building 0 0 0.0 6 6 3.6 21.6 Fire - Vehicle 0 0 0.0 4 4 3.6 14.4 Fire - Other 2 2 3.6 7.2 0 0 0.0 Insecure Condition - 2 2 3.6 7.2 0 0 0.0 Master code Insecure Condition - 2 2 3.6 7.2 0 0 0.0 Building Missing Person 12 & 2 2 3.6 7.2 0 0 0.0 older Missing Person Located 0 0 0.0 2 2 3.6 7.2 12 & older Noise Complaint -Master 6 6 3.6 21.6 0 0 0.0 code Found-Others 0 0 0.0 2 2 3.6 7.2 Lost License Plate 0 0 0.0 2 2 3.6 7.2 Suspicious Vehicle 10 10 3.6 36.0 6 6 3.6 21.6 Page 93 of 137 Report Content Last Updated: Report generated by: Report generated on: 2021/04/24 Ferguson, Dawn Apr 27, 2021 3:45:18 PM Page 2 of 4 Calls For Service (CFS) Billing Summary Report
Twp of Whitewater Region January to March - 2021 2021 2020 Billing Categories January January Year to (Billing categories below do not match Year to Time Year To Date Time Year To Date to to Date traditional crime groupings) Date Standard Weighted Hours Standard Weighted Hours March March Operational Trouble with Youth 0 0 0.0 2 2 3.6 7.2 Vehicle Recovered - 2 2 3.6 7.2 0 0 0.0 Automobile Unwanted Persons 2 2 3.6 7.2 6 6 3.6 21.6 Neighbour Dispute 4 4 3.6 14.4 4 4 3.6 14.4 Traffic By-Law 0 0 0.0 2 2 3.6 7.2 Assist Public 16 16 3.6 57.6 18 18 3.6 64.8 Family Dispute 14 14 3.6 50.4 12 12 3.6 43.2 Total 84 84 3.6 302.4 112 112 3.6 403.2 Operational2 False Alarm-Malfunction 2 2 1.3 2.6 0 0 0.0 False Alarm -Others 2 2 1.3 2.6 20 20 1.3 26.0 Keep the Peace 6 6 1.3 7.8 10 10 1.3 13.0 911 call / 911 hang up 0 0 0.0 10 10 1.3 13.0 Total 10 10 1.3 13.0 40 40 1.3 52.0 Traffic MVC (MOTOR VEHICLE COLLISION) - 4 4 3.4 13.6 0 0 0.0 Master code MVC - Personal Injury (MOTOR VEHICLE 4 4 3.4 13.6 0 0 0.0 COLLISION) MVC - Prop. Dam. Non 6 6 3.4 20.4 8 8 3.4 27.2 Reportable MVC - Prop. Dam. Reportable (MOTOR 24 24 3.4 81.6 14 14 3.4 47.6 VEHICLE COLLISION) MVC - Prop. Dam. Failed to Remain 0 0 0.0 2 2 3.4 6.8 (MOTOR VEHICLE COLLISION) MVC - Others (MOTOR 2 2 3.4 6.8 0 0 0.0 VEHICLE COLLISION) Road Rage 2 2 3.4 6.8 0 0 0.0 Total 42 42 3.4 142.8 24 24 3.4 81.6 Total 234 234 1,186.8 296 296 1,549.2
Note to Detachment Commanders:
● The content of each report is to be shared by the Detachment Commander only with the municipality for which it was generated. The municipality may treat this as a public document and distribute it as they wish. ● All data is sourced from the Niche RMS application. Included are 'reported' occurrences (actuals and unfounded occurrences) for 'billable' occurrences ONLY. Data is refreshed on a weekly basis. ● The Traffic category includes motor vehicle collision (MVC) occurrences entered into Niche (UCR code 8521). MVCs are NOT sourced from the eCRS application for this report. ● Only the primary violation is counted within an occurrence. ● Time standards displayed are for the 2021 billing period.
Page 94 of 137 Report Content Last Updated: Report generated by: Report generated on: 2021/04/24 Ferguson, Dawn Apr 27, 2021 3:45:18 PM Page 3 of 4 Calls For Service (CFS) Billing Summary Report
Twp of Whitewater Region January to March - 2021 Note to Municipalities:
● Data contained within this report is dynamic in nature and numbers will change over time as the Ontario Provincial Police continues to investigate and solve crime. ● This report is NOT to be used for crime trend analysis as not all occurrences are included. ● Data groupings within this report do not match traditional crime groupings seen in other public reports such as the OPP Police Services Board reports or Statistics Canada reporting.
Page 95 of 137 Report Content Last Updated: Report generated by: Report generated on: 2021/04/24 Ferguson, Dawn Apr 27, 2021 3:45:18 PM Page 4 of 4 Frequently Asked Questions Development Charges
1. What are development charges?
Development charges help to recover the infrastructure costs associated with new residential and non-residential (commercial/ industrial) growth within the township.
These capital costs are in addition to costs associated with a subdivision that the developer is responsible for (i.e., internal roads, sewers, watermains, roads, sidewalks, streetlights, etc.). Development charges help fund new infrastructure associated with water, wastewater, storm water drainage, roads, waste diversion, fire protection, library, and parks & recreation. The Township can impose these charges via the Development Charges Act.
2. Does the Township of Whitewater Region have such a charge?
While many other townships and towns in Renfrew County already have development charges, Whitewater Region does not. A study was completed by Watson & Associates and a Public Meeting occurred on April 7, 2021.
3. Who pays such a charge?
Only developers and builders pay this charge at the time of new construction. A development charge is not applied to existing housing, businesses, or structures.
4. What amount is the Township looking to charge?
The Township is recommending a $5,000 charge for new development on full water and sewer in Cobden, $4,000 for Beachburg and Haley Town Site where water services are provided, and $3,000 in all other areas. The charges for non- residential development are per square foot as follows: township-wide $0.50, wastewater services $1.00, water services $0.50.
5. Will this make the Township non-competitive for growth compared to other municipalities?
No. Arnprior, Renfrew, Petawawa, Laurentian Valley, Pembroke, McNab Braeside, Horton, Greater Madawaska all have development charges. Whitewater Region’s proposed rates are below or competitive with these other places. The proposed rates are significantly less than the maximum that the study and Development Charges Act allows. Moreover, charging the maximum permitted which is $20,613 in Cobden, $13,421 in Beachburg and Haley Town Site, and $12,239 in the rest of the Township could slow growth and put Whitewater Region at a competitive disadvantage compared to other areas in the county.
Page 96 of 137 6. Is Whitewater Region expected to grow? Yes. The population is expected to grow to approximately 8,500-9,000 by 2039 including 722 new households. According to the 2016 census, the Township’s population is 7,009. This growth will result in pressures on services and infrastructure that can be offset by development charges.
7. Do exemptions exist? The Township is proposing that new places of worship and new bona fide farm buildings be excluded. Provincial legislation also excludes industrial expansions up to 50% and adding up to 2 apartments in an existing house or 1 additional unit in an apartment type building. A granny flat/accessory unit and 1 additional unit can also be added to a new house, semi-detached or row dwelling without a development charge. If a property is being redeveloped for example after a fire, the previous unit is recognized, and development charges are not imposed.
8. When is the charge paid and when would this take effect? The charge is generally paid when a building permit is issued. A by-law will be considered by Council on May 5, 2021. The charges are to take effect July 1, 2021 and will be the same for a period of five years.
9. What are some projects the development charges will help pay for? In Whitewater Region, the development charges will help fund a future water tower in Beachburg, the accessibility project and library/dressing room addition at the Astrolabe Arena, the reconstruction of Robertson Drive and Astrolabe Road to an urban standard, an expansion at the Mineview garage, improvements at the landfill, and some infrastructure studies. It will also pay for a portion of the recent Cobden Wastewater Treatment Plant upgrades. In addition to addressing water quality issues, that project also added capacity for future growth.
10. Can the money raised be used for other purposes? The funds can only be used for the projects listed in the Development Charges Study which is updated every five years. Funds collected for water services can only be used for that purpose; same goes for wastewater/sewers.
11. If a development charge is not introduced, what happens? A source of funding for growth related infrastructure costs is not collected. This means if projects are to go ahead, they will be paid for by taxpayers or rate payers. It would also mean the Township would need to rely on more debt or grant funding from senior levels of government.
Page 97 of 137 Luanne Patterson Senior System Manager Directrice de l'analyse des systèmes Environmental Assessement Évaluation environnementale
Box 8100 Boite 8100 Montreal, Quebec Canada Montréal, Québec/Canada H3C 3N4 H3C 3N4
April 21, 2021
RE: CN RIGHT-OF-WAY VEGETATION CONTROL
Dear Mayor,
I hope this letter finds you and your family safe and healthy as the country continues to fight the COVID- 19 pandemic.
The Provincial, State and Federal governments have recognized railways as essential service providers. CN remains committed to running our railway safely and playing our role in moving the critical supplies citizens are counting on during these difficult times.
To that end, we are reaching out to advise you of our vegetation control activities in your area between April and October 2021. A regularly updated schedule will be available at www.cn.ca/vegetation.
If not managed properly, trees, brush or other vegetation can severely compromise rail and public safety. Vegetation can impede the view motorists have of oncoming trains, and increase the risk of crossing accidents. Moreover, unwanted vegetation can damage the integrity of the railbed, interfere with signals and switches, contribute to track side fires, compromise employee safety, reduce visibility for train crews at road crossings/train control signals and track side warning devices, to name a few of the potential risks.
Our annual vegetation control program is designed to mitigate these risks by managing brush, weeds and other undesirable vegetation. CN’s vegetation control program is a critical contributor to safe operations and assists in contributing to the overall safety of the communities through which we operate.
Control measures: CN manages vegetation using both chemical and mechanical methods. We are sensitive to concerns your community may have regarding chemical vegetation control. I would like to assure you that at CN, we are committed to environmental safety and sustainability.
The track infrastructure is composed of two main sections, the ballast section typically ranging from 16-24 feet (which is primarily gravel and supports the track structure) and the right of way portion (which is the area outside of the ballast section to the CN property boundary).
The 16-24 foot ballast section and the areas around signals and communications equipment that are critical for safe railway operations will be managed using chemical methods. Application in these safety critical areas is done by spray trucks or spray trains with downcast nozzles that spray a short distance above the ground surface with shrouded booms, specially designed to limit the chemicals from drifting. The right-of-way section is primarily maintained using mechanical control methods such as mowing or brush cutting, however, small areas within the right-of-way that contain noxious or invasive weeds may be chemically treated.
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CN will use chemical control techniques on the ballast section throughout the network for safety reasons. Furthermore, when chemicals are applied to the ballast section via spray train or truck, as outlined in the photo below, additives called surfactants that make the chemical work better may be included to help manage the application.
CN has retained professional contractors qualified to undertake this work. They are required to comply with all laws and regulations applicable to CN. In addition, the contractors will ensure that vegetation control is performed with consideration of the environment and in accordance with the highest industry standards.
Inquiries
Should your community have any noxious weed removal requests, we ask that you contact CN's Public Inquiry Line at [email protected] or fill out the form at www.cn.ca/vegetation before June 1, 2021 with the specific information and location. CN will make every effort to include those locations as part of our 2021 Vegetation Management Program. All notices sent after the above-mentioned date will be included in the 2022 Vegetation Management Plan.
Page 99 of 137 We look forward to working with you and answering any questions you may have regarding our vegetation control activities in your community.
Please find attached the notices CN is publishing in local papers to advise the public. We would kindly ask that you post copies on your community’s website and at City Hall or other central locations for a wider distribution.
For any questions or more information, please contact the CN Public Inquiry Line by telephone at 1888- 888-5909, or by email at [email protected].
Please also find attached a list of FAQs regarding the program that may be of further assistance.
Best regards,
Luanne Patterson Senior System Manager, Environmental Assessment
Page 100 of 137 Page 101 of 137 Page 102 of 137 Page 103 of 137 Page 104 of 137
The Corporation of the Township of Whitewater Region
By-law Number 21-05-1382
A by-law to establish development charges for the Township of Whitewater Region
Whereas, subsection 2(1) of the Development Charges Act, 1997 c. 27 (hereinafter called “the Act”) provides that the council of a municipality may pass By-laws for the imposition of development charges against land for increased capital costs required because of the need for services arising from development in the area to which the by-law applies; and
Whereas, the Council of The Township of Whitewater Region has given Notice on March 11, 2021 according to section 12 of the Development Charges Act, 1997, of its intention to pass a by-law under Section 2 of the said Act; and
Whereas, the Council of the Township of Whitewater Region has heard all persons who applied to be heard no matter whether in objection to, or in support of, the development charge proposal at a public meeting held on April 7, 2021; and
Whereas, the Council of the Township of Whitewater Region had before it a report entitled Development Charge Background Study dated June 17, 2020 and amended on March 23, 2021, prepared by Watson & Associates Economists Ltd., wherein it is indicated that the development of any land within the Township of Whitewater Region will increase the need for services as defined herein; and
Whereas, the Council of the Township of Whitewater Region on June 17, 2020 approved the applicable Development Charge Background Study, inclusive of the capital forecast therein, in which certain recommendations were made relating to the establishment of a development charge policy for the Township of Whitewater Region pursuant to the Development Charges Act, 1997; and
Whereas, the Council of the Township of Whitewater Region on April 7, 2021 determined that no additional public meeting was required to be held as part of the approval process.
Now therefore the Council of the Township of Whitewater Region enacts as follows:
1. Definitions In this by-law,
1. “Act” means the Development Charges Act, 1997, c. 27;
By-law 21-05-1382 Page 1 of 17
Page 105 of 137
2. “Administration service” means any and all development-related studies carried out by the Township which are with respect to eligible services for which a development charge by-law may be imposed under the Development Charges Act, 1997;
3. “Accessory use” means where used to describe a use, building, or structure that the use, building or structure is naturally and normally incidental, subordinate in purpose of floor area or both, and exclusively devoted to a principal use, building or structure;
4. “Accessory dwelling” means a self-contained residential unit that is subordinate in purpose to another residential dwelling unit upon the same lot and includes a garden suite and a mobile home;
5. “Accommodation for on-farm labour” means a dwelling unit not attached to any other building, and used for seasonal, interim or occasional residential uses by farm labourers;
6. “Agricultural use” means a bona fide farm operation, but does not include: (a) residential uses, including accommodation for on-farm labour; (b) on-farm diversified uses; and (c) cannabis production facilities.
7. “Ancillary residential building” means a residential building that would be ancillary to a detached dwelling, semi-detached dwelling, or row dwelling and includes an accessory dwelling
8. “Apartment unit” means any residential unit within a building containing three or more dwelling units where access to each residential unit is obtained through a common entrance or entrances from the street level and the residential units are connected by an interior corridor and shall include dwelling units contained above or as part of commercial buildings;
9. “Bedroom” means a habitable room larger than seven square metres, including a den, study, or other similar area, but does not include a living room, dining room or kitchen;
10. “Benefiting area” means an area defined by map, plan or legal description in a front-ending agreement as an area that will receive a benefit from the construction of a service;
11. “Board of education” means a board defined in s.s. 1(1) of the Education Act;
12. “Bona fide farm uses” means the proposed development that will qualify as a farm business operating with a valid Farm Business Registration Number issued by the Ontario Ministry of Agriculture, Food and Rural Affairs and be assessed in the Farmland Realty Tax Class by the Municipal Ontario Property Assessment Corporation;
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13. “Building Code Act” means the Building Code Act, 1992, S.O. 1992, c.23 as amended;
14. “Cannabis” means: (a) a cannabis plant; (b) any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant regardless of whether that part has been processed or not; (c) any substance or mixture of substances that contains or has on it any part of such a plant; and (d) any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained.
15. “Cannabis plant” means a plant that belongs to the genus cannabis;
16. “Cannabis production facilities” means a building, or part thereof, designed, used, or intended to be used for one or more of the following: cultivation, propagation, production, processing, harvesting, testing, alteration, destruction, storage, packaging, shipment or distribution of cannabis where a licence, permit or authorization has been issued under applicable federal law but does not include a building or part thereof solely designed, used, or intended to be used for retail sales of cannabis.
17. “Capital cost” means costs incurred or proposed to be incurred by the municipality or a local board thereof directly or by others on behalf of, and as authorized by, the municipality or local board, (a) to acquire land or an interest in land, including a leasehold interest; (b) to improve land; (c) to acquire, lease, construct or improve buildings and structures; (d) to acquire, lease, construct or improve facilities including; i. rolling stock with an estimated useful life of seven years or more; ii. furniture and equipment, other than computer equipment, and iii. materials acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act, R.O. 1990, c. 57, and iv. to undertake studies in connection with any of the matters referred to in clauses a. to d.; (e) to complete the development charge background study under Section 10 of the Act; (f) interest on money borrowed to pay for costs in a. to d. required for provision of services designated in this by-law within or outside the Township;
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18. “Class” means a grouping of services combined to create a single service for the purposes of this by-law and as provided in section 7 of the Development Charges Act;
19. “Commercial” means any use of land, structures or buildings for the purposes of buying or selling commodities and services, but does not include industrial or agricultural uses, but does include commercial greenhouses, hotels, motels, motor inns and boarding, lodging and rooming houses;
20. “Commercial greenhouse” means a building, that is made primarily of translucent building material, used, designed or intended to be used for the sale and display of plant products grown or stored therein, gardening supplies and equipment, or landscaping supplies and equipment.
21. “Council” means the Council of the Township of Whitewater Region;
22. “Development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that the effect of increasing the size of usability thereof, and includes redevelopment;
23. “Development charge” means a charge imposed pursuant to this by-law;
24. “Dwelling unit” means one or more habitable rooms designed or intended to be used together as a single and separate house-keeping unit by one person or jointly by two or more persons containing its own kitchen and sanitary facilities;
25. “Existing” means the number, use and size that existed as of the date this by-law was passed;
26. “Existing industrial building” means a building or buildings existing on a site in the Township of Whitewater Region as of the date of the previous by-law or the buildings or structures constructed and occupied on a vacant site pursuant to site plan approval under section 41 of the Planning Act, R.S.O. 1990, c. P.13 (the “Planning Act”) subsequent to the date of the previous by-law for which development charges were exempted or paid for.
27. “Farm building” means a building or structure located on a bona fide farm which is necessary and ancillary to a bona fide farm operation including barns, tool sheds, silos, other farm related structures for such purposes as sheltering of livestock or poultry, storage of farm produce, feed and farm related machinery and equipment and other ancillary development to a planning designated agricultural use, but excluding a residential use;
28. “Garden suite” means a building containing one (1) dwelling unit where the garden suite is detached from and ancillary to an existing
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single detached dwelling or semi-detached dwelling on the lands and such building is designed to be portable;
29. “Grade” means the average level of finished ground adjoining a building or structure at all exterior walls;
30. “Gross floor area” means (a) in the case of a residential building or structure, the total area of all floors above grade of a dwelling unit measured between the outside surfaces of exterior walls or between the outside surfaces of exterior walls and the centre line of party walls dividing the dwelling unit from any other dwelling unit or other portion of a building; and (b) in the case of a non-residential building or structure, including an air supported structure, or in the case of a mixed-use building or structure in respect of the non-residential portion thereof, the total area of all building floors above or below grade measured between the outside surfaces of the exterior walls, or between the outside surfaces of exterior walls and the centre line of party walls dividing a non-residential use and a residential use, except for; i. a room or enclosed area within the building or structure above or below that is used exclusively for the accommodation of heating, cooling, ventilating, electrical, mechanical or telecommunications equipment that service the building; ii. loading facilities above or below grade; iii. a part of the building or structure below grade that is used for the parking of motor vehicles or for storage or other accessory use; and iv. a mezzanine as defined by the building code;
31. “Industrial” means lands, buildings or structures used or designed or intended for use for manufacturing, processing, fabricating or assembly of raw goods, warehousing or bulk storage of goods, and includes office uses and the sale of commodities to the general public where such uses are accessory to an industrial use, but does not include the sale of commodities to the general public through a warehouse club;
32. "Institutional" means the development of a building or structure intended for use, (a) as a long-term care home within the meaning of subsection 2 (1) of the Long-Term Care Homes Act, 2007; (b) as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010; (c) by any of the following post-secondary institutions for the objects of the institution: i. a university in Ontario that receives direct, regular and ongoing operating funding from the Government of Ontario,
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ii. a college or university federated or affiliated with a university described in subclause (i), or iii. an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017; (d) as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion; or (e) as a hospice to provide end of life care.
33. “Linked dwelling unit” means a dwelling unit of a group of two or more residential dwelling units linked only below grade by a common foundation;
34. “Local board” means a school board, public utility, commission, transportation commission, public library board, board of park management, local board of health, board of commissioners of police, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of the municipality or any part or parts thereof;
35. “Local services” means those services, facilities or things which are under the jurisdiction of the Township of Whitewater Region and are related to a plan of subdivision or within the area to which the plan relates in respect of the lands under Sections 41, 51 or 53 of the Planning Act, R.S.O. 1990, Chap. P.13, as amended, or any successor thereof;
36. “Mobile home” means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer;
37. “Multiple dwelling unit” means all dwellings other than single- detached, semi-detached and apartment unit dwellings and may include a row dwelling unit or a linked dwelling unit;
38. “Municipality” means the Corporation of the Township of Whitewater Region;
39. "Non-profit housing" means development of a building or structure intended for use as residential premises by, (a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing; (b) a corporation without share capital to which the Canada Not-for- profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing; or (c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act.
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40. “Non-residential use” means a building or structure of any kind whatsoever used, designed or intended to be used for other than a residential use;
41. “Official Plan” means the Official Plan of the County of Renfrew, as amended and approved;
42. “On-farm diversified use” means a use, occurring entirely and exclusively within a detached building that is secondary and subordinate to the active and principle agricultural use occurring on a property. Such uses may include, but are not limited to, uses that produce value added agricultural products or provide a service that is supportive of regional agri-business;
43. “Owner” means the owner of land or a person who has made application for an approval for the development of land upon which a development charge is imposed;
44. “Place of worship” means that part of a building or structure that is exempt from taxation as a place of worship under the Assessment Act, R.S.O. 1990, Chap. A.31, as amended, or any successor thereof;
45. “Planning Act” means the Planning Act, 1990, R.S.O. 1990, c.P.13, as amended;
46. “Regulation” means any regulation made pursuant to the Act;
47. "Rental housing" means the development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises;
48. “Reserve fund borrowing rate” means the interest rate established weekly by the Bank of Canada based on Treasury Bills having a term of 91 days;
49. “Residential dwelling” means a building, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons, containing one or more dwelling units but not including motels, hotels, tents, truck campers, tourist trailers, mobile camper trailers or boarding, lodging or rooming houses;
50. “Residential use” means the use of a building or structure or portion thereof for one or more dwelling units. This also includes a dwelling unit on land that is used for an agricultural use;
51. “Row dwelling unit” means a building containing three or more attached dwelling units in a single row, each of which dwelling units has an independent entrance from the outside and is vertically separated from any abutting dwelling unit and may include a linked dwelling unit;
52. “Semi-detached dwelling unit” means a dwelling unit in a residential building consisting of two dwelling units having one vertical wall or one horizontal wall, but not other parts, attached or another
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dwelling unit where the residential unit are not connected by an interior corridor and may include a linked dwelling unit;
53. “Service” means a service designated in Schedule “A” to this By-law, and “services” shall have a corresponding meaning;
54. “Servicing agreement” means an agreement between a landowner and the Township relative to the provision of municipal services to specified land within the Township;
55. “Single detached dwelling unit” means a completely detached building containing only one dwelling unit;
56. “Special care facilities” means lands, buildings or structures used or designed or intended for uses for the purpose of providing supervision, nursing care or medical treatment, that are licensed, approved or supervised under any special or general statute, and excludes the special care/special dwelling portions of the building;
57. “Special care/special dwelling” means special care facilities containing rooms or suites of rooms designed or intended to be used for sleeping and living accommodation that have a common entrance from street level: (a) Where the occupants have the right to use in common, halls, stairs, yards, common rooms and accessory buildings; (b) Which may or may not have exclusive sanitary and/or culinary facilities; (c) That is designed to accommodate persons with specific needs, including, but not limited to, independent permanent living arrangements; and (d) Where support services such as meal preparation, grocery shopping, laundry, housekeeping, nursing, respite care and attendant services may be provided at various levels.
58. “Zoning by-law” means the Zoning By-Law of the Municipality or any successor thereof passed pursuant to Section 34 of the Planning Act, S.O. 1998.
2. Designation of Services/Classes of Services 2.1 The categories of services/classes of services for which development charges are imposed under this By-law are as follows:
(a) Services Related to a Highway (b) Fire Protection Services (c). Parks & Recreation Services (d). Library Services (f) Growth Studies (g) Waste Diversion (h) Wastewater Services (i) Water Services
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2.2 The components of the services/classes of services designated in section 2.1 are described in Schedule A.
3. Application of By-law Rules
3.1 Development charges shall be payable in the amounts set out in this By-law where:
(a) the lands are located in the area described in section 3.2; and (b) the development of the land requires any of the approvals set out in subsection 3.4(a).
Area to Which By-law Applies
3.2 Subject to section 3.3, this By-law applies to all lands in the Township of Whitewater Region whether or not the land or use thereof is exempt from taxation under s. 13 or the Assessment Act.
3.3. Notwithstanding clause 3.2 above, this by-law shall not apply to lands that are owned by and used for the purposes of:
(a) The Township of Whitewater Region or a local board thereof; (b) buildings or structures owned by and used for the purposes of a board as defined in Subsection 1(1) of the Education Act, R.S.O. 1990, c.E.2, as amended, and exempt from taxation under Section 3 of the Assessment Act, R.S.O. 1990, c.A.31, as amended; (c) The Corporation of the County of Renfrew or a local board thereof;
Approvals for Development
3.4 (a) Development charges shall be imposed on all lands, buildings or structures that are developed for residential or non-residential uses if the development requires:
(i) the passing of a zoning by-law or of an amendment to a zoning by-law under section 34 of the Planning Act; (ii) the approval of a minor variance under section 45 of the Planning Act; (iii) a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act applies; (iv) the approval of a plan of subdivision under section 51 of the Planning Act; (v) a consent under section 53 of the Planning Act; (vi) the approval of a description under section 50 of the Condominium Act, R.S.O. 1990, Chap. C.26, as amended, or any successor thereof; or
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(vii) the issuing of a permit under the Building Code Act in relation to a building or structure.
(b) No more than one development charge for each service designated in subsection 2.1 shall be imposed upon any lands, buildings or structures to which this By-law applies even though two or more of the actions described in subsection 3.4(a) are required before the lands, buildings or structures can be developed.
(c) Despite subsection 3.4(b), if two or more of the actions described in subsection 3.4(a) occur at different times, additional development charges shall be imposed if the subsequent action has the effect or increasing the need for services.
Exemptions
3.5 Rules with Respect to Exemptions for Intensification of Existing Housing or New Housing
Notwithstanding the provisions of this By-law, development charges shall not be imposed with respect to developments or portions of developments as follows:
(a) the enlargement to an existing residential dwelling unit; (b) one or two additional dwelling units in an existing single detached dwelling or prescribed ancillary structure to the existing residential building; (c) the creation of additional dwelling units equal to the greater of one or 1% of the existing dwelling units in an existing residential rental building containing four or more dwelling units or prescribed ancillary structure to the existing residential building; (d) the creation of one additional dwelling unit in any other existing residential building already containing at least one dwelling unit or prescribed ancillary structure to the existing residential building; or (e) the creation of a second dwelling unit in prescribed classes of proposed new residential buildings, including structures ancillary to dwellings, subject to the following restrictions:
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3.5.1 Notwithstanding subsection 3.5 (b), development charges shall be imposed if the total gross floor area of the additional one or two units exceeds the gross floor area of the existing dwelling unit.
3.5.2 Notwithstanding subsection 3.5 (d), development charges shall be imposed if the additional unit has a gross floor area greater than:
(a) in the case of a semi-detached or row dwelling, the gross floor area of the existing smallest dwelling unit; and (b) in the case of any other residential building, the gross floor area of the smallest dwelling unit already contained in the residential building.
3.6 Notwithstanding section 3.5(a)(i), development charges shall be imposed if the total gross floor area of the additional one or two units exceeds the gross floor area of the existing dwelling unit.
3.6.1 Notwithstanding section 3.5, development charges shall be imposed if the additional unit has a gross floor area greater than
(i) in the case of a semi-detached or row dwelling, the gross floor area of the existing dwelling unit; and (ii) in the case of any other residential building, the gross floor area of the smallest dwelling unit contained in the residential building.
3.7 Exemption for University Facilities
Land vested in or leased to a university that receives regular and ongoing operating funds from the government for the purposes of post-secondary education is exempt from development charges imposed under the Development Charges Act, 1997 if the development
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in respect of which development charges would otherwise be payable is intended to be occupied and used by the university.
3.8 Exemption for Industrial Building Expansions:
Notwithstanding any other provision of this by-lay, there shall be an exemption from the payment of development charges for one or more enlargements of an existing industrial building, up to a maximum of fifty percent of the gross floor area before the first enlargement for which an exemption from the payment of development charges was granted pursuant to the Development Charges Act or this section. Development charges shall be imposed in accordance with this by-law with respect to the amount of floor area of an enlargement that results in the gross floor area of the industrial building being increased by greater than fifty per cent of the gross floor area of the existing industrial building.
3.9 If the gross floor area of an existing industrial building is enlarged by greater than fifty percent, the amount of the development charge payable in respect of the enlargement is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows:
(a) determine the amount by which the enlargement exceeds fifty percent of the gross floor area before the enlargement; (b) divide the amount determined under subsection 1) by the amount of the enlargement
3.10 Other Exemptions:
Notwithstanding the provision of this by-law, development charges shall not be imposed with respect to:
(a) Every place of worship and land used in connection therewith, and every churchyard, cemetery or burying ground are wholly exempted from the development charges imposed pursuant to this by-law. (b) bona fide farm uses and buildings, as defined by this By-law, are wholly exempted from the development charges imposed pursuant to this by-law.
Amount of Charges
Residential
3.10 The development charges set out in Schedule B shall be imposed on residential uses of lands, buildings or structures, including a dwelling unit accessory to a non-residential use and, in the case of a mixed use building or structure, on the residential uses in the mixed use building or structure, according to the type of residential use in which the
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development occurs, and calculated with respect to each of the services according to the type of residential use. Percentage of Schedule"B" Residential Charges to be Imposed July 1, 2021 to January 1, 2022 to January 1, 2023 to January 1, 2024 to January 1, 2025 to Service/Class of Service December 31, 2021 December 31, 2022 December 31, 2023 December 31, 2024 December 31, 2025 Township-wide Services/Classes of Services: Services Related to a Highway 24.51% 24.51% 24.51% 24.51% 24.51% Fire Protection Services 24.51% 24.51% 24.51% 24.51% 24.51% Parks & Recreation Services 24.51% 24.51% 24.51% 24.51% 24.51% Library Services 24.51% 24.51% 24.51% 24.51% 24.51% Growth Studies 24.51% 24.51% 24.51% 24.51% 24.51% Waste Diversion 24.51% 24.51% 24.51% 24.51% 24.51%
Urban Services Wastewater Services 20.86% 20.86% 20.86% 20.86% 20.86% Water Services 84.60% 84.60% 84.60% 84.60% 84.60%
3.11 Notwithstanding subsection 3.10 of this By-law, the following percentages of each service for residential development, as provided below, shall be imposed for the period of July 1, 2021 to December 31, 2025.
Non-Residential
3.12 The development charges described in Schedule B to this by-law shall be imposed on non-residential uses of lands, buildings or structures, and, in the case of a mixed-use building or structure, on the non- residential uses in the mixed use building or structure, and calculated with respect to each of the services according to the total floor area of the non-residential use in which the development occurs.
3.13 Notwithstanding subsection 3.12 of this By-law, the following percentages of each service for non-residential development, as provided below, shall be imposed for the period of July 1, 2021 to December 31, 2025.
Percentage of Schedule"B" Non-Residential Charges to be Imposed July 1, 2021 to January 1, 2022 to January 1, 2023 to January 1, 2024 to January 1, 2025 to Service/Class of Service December 31, 2021 December 31, 2022 December 31, 2023 December 31, 2024 December 31, 2025 Township-wide Services/Classes of Services: Services Related to a Highway 27.17% 27.17% 27.17% 27.17% 27.17% Fire Protection Services 27.17% 27.17% 27.17% 27.17% 27.17% Parks & Recreation Services 27.17% 27.17% 27.17% 27.17% 27.17% Library Services 27.17% 27.17% 27.17% 27.17% 27.17% Growth Studies 27.17% 27.17% 27.17% 27.17% 27.17% Waste Diversion 27.17% 27.17% 27.17% 27.17% 27.17%
Urban Services Wastewater Services 28.01% 28.01% 28.01% 28.01% 28.01% Water Services 84.75% 84.75% 84.75% 84.75% 84.75%
Reduction of Development Charges for Redevelopment
3.14 Despite any other provisions of this By-law, where, as a result of the redevelopment of land, a building or structure existing on the same land within 60 months prior to the date of payment of development charges in regard to such redevelopment was, or is to be demolished, in whole or in part, or converted from one principal use to another principal use on the same land, in order to facilitate the
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redevelopment, the development charges otherwise payable with respect to such redevelopment shall be reduced by the following amounts:
(a) in the case of a residential building or structure, or in the case of a mixed-use building or structure, the residential uses in the mixed-use building or structure, an amount calculated by multiplying the applicable development charge under subsection 3.10 and 3.11 by the number, according to type, of dwelling units that have been or will be demolished or converted to another principal use; and
(b) in the case of a non-residential building or structure or, in the case of mixed-use building or structure, the non-residential uses in the mixed-use building or structure, an amount calculated by multiplying the greater of the applicable development charges under subsection 3.12 and 3.13 by the gross floor area that has been or will be demolished or converted to another principal use;
provided that such amounts shall not exceed, in total, the amount of the development charges otherwise payable with respect to the redevelopment.
Time of Payment of Development Charges
3.15 Development charges imposed under this section are payable upon issuance of a building permit with respect to each dwelling unit, building or structure.
3.16 Notwithstanding Subsection 3.10 to 3.13, Development Charges for rental housing and institutional developments are due and payable in 6 installments commencing with the first instalment payable on the date of occupancy, and each subsequent installment, including interest (as per the Township’s D.C. Interest Rate Policy), payable on the anniversary date each year thereafter.
3.17 Notwithstanding Subsections 3.10 to 3.13, Development Charges for non-profit housing developments are due and payable in 21 instalments commencing with the first installment payable on the date of occupancy, and each subsequent installment, including interest (as per the Township’s D.C. Interest Rate Policy), payable on the anniversary date each year thereafter.
3.18 Where the development of land results from the approval of a Site Plan or Zoning Bylaw Amendment received on or after January 1, 2020, and the approval of the application occurred within 2 years of building permit issuance, the Development Charges under Subsections 3.10, 3.11, 3.12, and 3.13 shall be calculated on the rates set out in Schedule "B" on the date of the planning application, including interest
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(as per the Township’s D.C. Interest Rate Policy). Where both planning applications apply Development Charges under Subsections 3.10, 3.11, 3.12, and 3.13 shall be calculated on the rates, including interest (as per the Township’s D.C. Interest Rate Policy), set out in Schedules "B" on the date of the later planning application, including interest.
3.19 Council may enter into an agreement for payment of the development charges before or after the date of building permit issuance subject to Section 27 of the Act.
4. Phase-in of Development Charges
4.1 The development charges imposed - pursuant to this by-law are being phased-in as per subsections 3.10 to 3.13 and are payable in full, subject to the exemptions herein, from the effective date of this by- law.
5. Payment by Services
5.1 Despite the payment required under subsections 3.10, 3.11, 3.12, and 3.13, Council may, by agreement, give a credit towards a development charge in exchange for work that relates to a service to which a development charge relates under this By-law.
6. Indexing
6.1 Development charges imposed pursuant to this By-law shall be adjusted annually commencing on January 1, 2022, without amendment to this By-law in accordance with the prescribed index in the Act.
7. Schedules
7.1 The following schedules shall form part of this By-law:
Schedule A Components of Services/Classes of Services Designated in section 2.1. Schedule B Residential and Non-Residential Township-Wide Development Charges.
8. Conflicts
8.1 Where the Township of Whitewater Region and an owner or former owner have entered into an agreement with respect to land within the area to which this By-law applies, and a conflict exists between the provisions of this By-law and such agreement, the provisions of the agreement shall prevail to the extent that there is a conflict.
8.2 Notwithstanding section 8.1, where a development which is the subject of an agreement to which section 8.1 applies, is subsequently the
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subject of one or more of the actions described in subsection 3.4(a), an additional development charge in respect of the development permitted by the action shall be calculated, payable and collected in accordance with the provisions of this By-law if the development has the effect of increasing the need for services, unless such agreement provides otherwise.
9. Severability
9.1 If, for any reason, any provision of this By-law is held to be invalid, it is hereby declared to be the intention of Council that all the remainder of this By-law shall continue in full force and effect until repealed, re- enacted, amended or modified.
10. Date By-law in Force
10.1 This By-law shall come into effect at 12:01 AM on July 1, 2021.
11. Date By-law Expires
11.1 This By-law will expire at 11:59 PM on June 30, 2026 unless it is repealed by Council at an earlier date.
Read a first, second and third time and finally passed this 5th day of May, 2021.
Michael Moore, Mayor
Carmen Miller, Clerk
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Schedule “A” to By-law 21-05-1382
D.C -Eligible Services
Services Related to Highway • Roads • PW Facilities, Vehicles and Equipment
Water Services • Treatment, storage and distribution systems
Wastewater Services • Treatment plants & sewers
Fire Protection Services • Fire facilities, vehicles & equipment
Parks & Recreation Services • Parkland development, amenities & trails • Parks vehicles and equipment • Recreation facilities
Library Services • Library facilities and materials
Water Diversion • Waste diversion facilities, vehicles, equipment and other
Growth Studies
• Water Services • Wastewater Services • Service related to a highway • Fire Protection Services • Parks & Recreation Services • Library Services • Waste Diversion
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Schedule B By-law Number 21-05-1382 Schedule of Development Charges
RESIDENTIAL NON-RESIDENTIAL
Apartments - Special Service/Class of Service Single and Semi- Apartments - 2 (per sq.ft. of Gross Other Multiples Bachelor and 1 Care/Special Detached Dwelling Bedrooms + Floor Area) Bedroom Dwelling Units
Township Wide Services/Classes of Services: Services Related to a Highway 992 718 573 391 391 0.27 Fire Protection Services 447 324 258 176 176 0.12 Parks & Recreation Services 1,305 945 754 515 515 0.07 Library Services 132 95 76 52 52 0.01 Growth Studies 101 73 58 40 40 0.03 Waste Diversion 24 17 13 9 9 0.00 Total Township Wide Services/Classes of Services 3,000 2,173 1,733 1,183 1,183 0.50 Urban Services Wastewater Services 1,500 1,087 867 591 591 1.00 Water Services 1,000 724 578 394 394 0.50 Total Urban Services 2,500 1,811 1,444 986 986 1.50 GRAND TOTAL RURAL AREA 3,000 2,173 1,733 1,183 1,183 0.50
GRAND TOTAL URBAN AREA - PARTIAL SERVICES 4,000 2,897 2,311 1,577 1,577 1.00 (WATER ONLY) GRAND TOTAL URBAN AREA - FULL SERVICES 5,500 3,984 3,178 2,169 2,169 2.00 (WATER AND WASTEWATER)
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The Corporation of the Township of Whitewater Region By-law Number 21-05-1383
A by-law to authorize the execution of a Site Plan Agreement with Dana and Neil Nicholson.
Whereas, Section 41 of the Planning Act, R.S.O. 1990, Chapter 13, permits municipalities to pass by-laws to designate the whole or any part of the area covered by the Official Plan as a Site Plan Control area; and
Whereas, Council of the Township of Whitewater Region deems it expedient and necessary to enter into a Site Plan Agreement to regulate development;
Now therefore Council of the Corporation of the Township of Whitewater Region enacts as follows:
1. The Mayor and the Clerk are authorized to execute the Site Plan Agreement between Dana and Neil Nicholson and the Corporation of the Township of Whitewater Region.
2. That this by-law shall come into force and take effect upon passing
Read a first, second and third time and finally passed this 5th day of May, 2021.
Michael Moore, Mayor
Carmen Miller, Clerk
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Site Plan Agreement
Part of Lot 26, Westmeath Concession East Front E Clem Trail
Between
Dana and Neil Nicholson
and
The Corporation of the Township of Whitewater Region
May 2021
Site Plan Agreement – Dana and Neil Nicholson
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Between: Dana and Neil Nicholson
Hereinafter Called The “Owner” Of the First Part
And: The Corporation of the Township of Whitewater Region
Hereinafter Called The “Township” Of the Second Part
Whereas the Township of Whitewater Region has enacted Site Plan Control Provisions pursuant to the provisions of Section 41 of the Planning Act R.S.O. 1990, Chapter P.13, as amended;
Whereas the Owner is the Owner of the lands, more particularly described in the Schedule hereto annexed and marked "A", and which are hereinafter referred to as the "Site".
And Whereas the concerned property has been approved a Zoning By-law Amendment to permit a reduce water setback, subject to the entering into a Site Plan Agreement to address potential water quality impacts though the implementation of best management practices.
Now Therefore This Agreement Witnesseth that in consideration of the approval of the plans for the development on the subject parcel of land by the Township and the sum of Two Dollars ($2.00) of lawful money of Canada paid by the Owner to the Township, the receipt whereof is hereby acknowledged by the Owner, the Owner and the Township agree as follows:
Table of Contents
Part 1 Definitions, Land and Schedules Part 2 General Part 3 Building and Planning Requirements Part 4 Erosion and Sedimentation Control Part 5 General Conditions
1. Definitions, Land and Schedules
In this Agreement: a) “Agreement” shall mean this Agreement and the Schedules which shall be deemed to be covenants as though specifically set out therein;
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Page 125 of 137 b) “Township” shall mean the Corporation of the Township of Whitewater Region and shall include any employee or agent authorized by the Council of the said Township to act on its behalf; c) “Township Engineer” means the Manager of Public Works for the time being or such other person or persons designated by him; d) “Owner or Owners” includes the parties of the First Part, their heirs, executors, administrators, successors and assigns and agents thereof, contractor, or subcontractor carrying out the Work for or on behalf of the Owner or Owners; e) “Work” shall mean any work, material, matter or thing required by this Agreement to be supplied or performed, or any part thereof and includes any work referred to in the Schedules attached herein.
The lands to which this Agreement applies are those described in Schedule “A” and shown on the plan described on Schedule “B”.
The following Schedules are attached hereto and form part of this Agreement.
Schedule “A” - Description of the land to which this Agreement applies Schedule “B” - Plan(s)
2. General
a) The Owner hereby agrees that the lands affected by this Agreement are those lands described in Schedule “A” to this Agreement.
b) The Owner covenants and agrees to satisfy all conditions of approval and abide by all municipal by-laws, statutes and regulations.
c) The Owner agrees to ensure that all development be made as per the engineering standards of the Township.
d) Minor modifications made to this Site Plan Agreement may be approved without an amendment to this Agreement with the authorization of the Planner/Economic Development Officer.
3. Building and Planning Requirements
a) The Owner shall not commence or permit the commencement of any building or structure before the issuance to the Owner by the Township of a building permit. No building permit shall be issued until such time as this Agreement is executed.
b) The Owner further agrees that the proposed building(s) and other Work specified in Schedule “B” attached hereto shall be erected in conformity with the said Schedules to the satisfaction of the Township and
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subsequently shall be maintained in conformity with the said Schedules hereto, to the satisfaction of the Township.
c) The Owner understands and agrees that written authority of the Township shall be obtained prior to any alterations being made which would in any way represent a departure from the specifications detailed in the said Schedules. It is also understood and agreed that failure to comply with any term or condition contained herein or with Schedule “B” attached hereto will result in withdrawal of the building permit, in which case the Owner hereby agrees to cease all work on the herein described lands, immediately on receipt of notice by the Township of withdrawal of the building permit, until such time as written authority is obtained from the Township to proceed.
d) The Owner agrees that it will arrange to provide and keep a copy of the said approved plans on Site on the said lands throughout the period of construction for the guidance of those employed to construct the Work.
4. Erosion and Sedimentation Control
a) The Owner agrees that during all phases of construction which impact the substrate (foundation excavation, pouring footings, tree removal, grading building areas, etc.) including the impacts of heavy equipment, approved erosion and sedimentation control measures must be utilized between the area of construction and the waterway.
b) The Owner agrees to install erosion and sedimentation control measures including the use of geotextile sedimentation screens, erosion blankets, straw bales, or other proven sedimentation reduction measures between the area of construction and the waterway.
c) The Owner agrees that erosion and sedimentation control measures must be implemented without impacting the waterway during the process of installation or removal of the control measure(s).
d) The Owner agrees to monitor the slope and/or the shoreline area daily for any signs of erosion, uprooting or sediment transport, especially after rain events. Disturbed areas should be stabilized as quickly as possible to reduce the duration and potential for erosion and/or sedimentation and construction best management practices should be followed during all stages of construction.
e) The Owner agrees that all proposed structures will be equipped with proper eaves trough to prevent excessive runoff of rainwater from the roof of the building and the eaves trough should drain into downspouts which prevent the discharge of rainwater directly onto the sand substrate. Options for mitigating the flow out of the downspouts include the use of coarse granular gravel/crushed rock around downspout areas, running downspouts into rain barrels, extending the outflow area of each downspout through perforated
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PVC drainage pipe, or by other means of reducing erosion at the discharge end.
f) Should any erosion, sedimentation or degradation of the substrate become evident at any stage of development or future use, the Owner is encouraged to investigate potential remediation and mitigation options as quickly as possible. Immediate action to prevent further deterioration will be critical to maintaining the site in such a situation.
g) The Owner agrees to comply with all requirements outlined in the Trimm Property Environmental Assessment dated June 28, 2008 and prepared by Ontario Resource Management Group, Inc.
5. General Conditions
a) In every clause of this Agreement, unless the contrary intention appears, words importing the singular number or the masculine gender only, include more persons, parties or things of the same kind than one, and females as well as males and the converse, and a word interpreted in the singular number has a corresponding meaning when used in the plural.
b) Any notice required or permitted by this Agreement to be given by the parties hereto shall be in writing and shall be conclusively deemed to have been delivered on the date of mailing of such notice.
c) All clause headings are for ease of reference only and shall not affect the construction or interpretation of this Agreement.
d) Any such notice required to be given herein shall be in writing and shall be delivered in person or by prepaid registered mail, to the attention of the Owner and/or the Township as follows:
To the Owner: Dana and Neil Nicholson 1073 Yakabuskie Road Westmeath, Ontario K0J 2L0
or such other address as the Owner has notified the Township Clerk in writing.
To the Township: Corporation of the Township of Whitewater Region 44 Main Street, P.O. Box 40 Cobden, Ontario K0J 1K0
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In Witness Whereof the Owner hereunto set his Hand and Seal or affixed its Seal duly attested to by its proper officers in that behalf.
Dated at the ______This ____ Day Of ______, 2021.
Signed, Sealed and Delivered in the presence of: Dana and Neil Nicholson
______Per: Title:
______Per: Title:
“We have the authority to bind the Corporation”
Dated at The Township Office This ____ Day Of ______, 2021.
Signed, Sealed and Delivered in the presence of:
The Corporation of the Township of Whitewater Region
______Michael Moore, Mayor
______Carmen Miller, Clerk
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Schedule “A” Description of The Lands to Which This Agreement Applies
Part of Lot 26, Westmeath Concession East Front E
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Schedule "B" Reports/Studies
The following reports/studies apply to this Site Plan Agreement and, except approval by the Planner/Economic Development Officer, the development of the lands, the construction of all Works will be in accordance with these reports/studies:
- Trimm Property Environmental Assessment dated June 28, 2008 and prepared by Ontario Resource Management Group, Inc.
The original plans can be viewed at the Corporation of the Township of Whitewater Region at the following address: 44 Main Street, P. O. Box 40, Cobden, Ontario, K0J 1K0.
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Page 131 of 137 The Corporation of the Township of Whitewater Region
By-law Number 21-05-1384
A by-law to designate the whole area of the Corporation of the Township of Whitewater Region as a site plan control area, to exempt certain classes of development from approval of plans and drawings, under Section 41 of the Planning Act, R.S.O. 1990, c. P.13.
Whereas, Section 41 of the Planning Act permits the Council of a municipality by by-law, where in an Official Plan an area is shown or described as a proposed site plan control area, to designate the whole or any part thereof as a site plan control area; Whereas, Section 41 of the Planning Act, R.S.O. 1990, c. P.13, provides in part that, where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situated may, by by-law, designate the whole or any part of such area as a site plan control area; Whereas, the Official Plan of the County of Renfrew designates the entire geographical area of the County of Renfrew as a Site Plan Control Area pursuant to the provisions of Section 41(2) of the Planning Act, R.S.O. 1990, c. P.13; and Whereas, the Council of the Corporation of the Township of Whitewater Region considers it appropriate to designate the whole of the Township of Whitewater Region as a site plan control area, to exempt certain classes of development from approval of plans and drawings, under Section 41 of the Planning Act, R.S.O. 1990, c. P.13 to ensure the provision and maintenance of any of the facilities, works or matters to be provided in conjunction with all buildings and structures to be erected and any of the facilities, works or matters mentioned in Subsection 41(7) of that Act. Now Therefore, the Council of the Corporation of the Township of Whitewater Region enacts as follows:
Section 1 – Title, Interpretation and Application
1.1 This by-law may be cited as the "Site Plan Control By-law" of the Township of Whitewater Region.
1.2 For the purposes of this by-law, words used in the present tense include the future; words in the singular number include the plural and words in the plural include the singular number; the word "shall" is mandatory; the word "used" shall also mean "designed to be used"; words shall be read with such changes to gender as the context may require.
1.3 The whole of the area located within the geographic limits of The Corporation of the Township of Whitewater Region is hereby designated as a site plan control area pursuant to subsection 41 (2) of the Planning Act.
1.4 The approval of plans or drawings in accordance with subsection 41(4) or 41(5) of the Planning Act is required before development is undertaken within the area described in Clause 1.3, unless otherwise exempt from approval as set out in this by-law.
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1.5 Any person who is required to draft a site plan must duly complete the Site Plan Control Approval application form, pay the security deposit, if applicable, and other appliable fees relevant to this application.
Section 2 – Definitions
For the purpose of this by-law the following words and phases shall have the meanings given below;
2.1 “Act” means the Planning Act, R.S.O. 1990. c. P.13;
2.2 “Corporation” means The Corporation of the Township of Whitewater Region;
2.3 “Council” means the municipal council of the Corporation;
2.4 “Development” means
i. the construction, erection or placing of one or more buildings or structures on land, including radiocommunication towers; or
ii. the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof; or
iii. the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164(4) of the Municipal Act, 2001 or of sites for the location of three or more mobile homes as defined in subsection 46(1) of the Planning Act, R.S.O. 1990. c. P.13; or
iv. sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46(1) of the Planning Act, R.S.O. 1990. c. P.13.
v. and includes redevelopment however excludes the placement of a portable classroom on a school site of a distinct school board if the school site was in existence on January 1, 2007;
2.5 “Development Agreement” means an agreement entered into between the Corporation and the Owner outlining the terms and conditions of the development and the approved plans and drawings as provided under Section 41(7)(c) of the Planning Act, R.S.O. 1990. c. P.13;
2.6 “Owner” means the person appearing as the registered Owner according to the records of the proper land registry office;
2.7 Where a word or term used in this by-law is not defined, the word or term has the same meaning as defined by the applicable zoning by- law, as amended from time to time.
Section 3 - Exempt Classes of Development
3.1 The following classes of development may be undertaken without the approval of plans and drawings otherwise required under subsection 41(4) or (5) of the Planning Act, and this by-law does not apply to such classes:
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i. residential development of one or two dwelling units per lot, unless the lands exhibit physical constraints to development or are considered environmentally sensitive;
ii. alterations or additions of a minor nature to existing buildings and/or structures where there is a site plan agreement registered on title to the lot;
iii. private garage or carport;
iv. public uses;
v. farms;
vi. private park;
vii. wayside pits;
viii. forestry;
ix. community facility uses which are not operated for gain or profit;
x. roadside stand;
xi. buildings and structures for flood control or conservation purposes; and
xii. accessory uses to the foregoing, provided the accessory(s) are smaller than 10 square meters.
3.2 Despite Section 3.1, any development subject to site plan control that is damaged or destroyed by fire or natural hazard may be replaced or rebuilt without the need for site plan approval if it is within the same building envelope that existed before the damages occurred, the use does not require the addition of four (4) or more parking spaces and no new dwelling units or lodging units are created.
Section 4 – Application for Approval
4.1 Every site plan application shall be accompanied by the following plans, specifications, documents and information:
i. the plans referred to in Paragraph 1 of Subsection 41(4) of the Act, showing all facilities and works to be provided in conjunction with the building or structure and all facilities, works and matters referred to in Clause 41(7)(a) of the Act;
ii. the drawings referred to in Paragraph 2 of Subsection 41(4) of the Act;
iii. where required under clause 12(b) of this by-law one or more agreements with the Corporation dealing with the provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works and matters mentioned in Subsection 41(7) of the Act in accordance with the plans and drawings approved pursuant to the Act;
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Page 134 of 137 iv. where required under an agreement cash or an irrevocable letter of credit in favour of the Corporation to protect the Corporation in respect of its liability for holdback to assure satisfactory provision and maintenance of the facilities and works and matters mentioned in Subsection 41(7) of the Act in accordance with the plans and drawings approved pursuant to the Act; and
v. all reports and studies required on the record of consultation or during review.
Section 5 – Requirements for Site Plan Approval
5.1 Prior to the submission of any application for site plan control approval, the owner shall formally consult with the Township, or their designate, for the purposes of identifying the need for and scope of any information and material necessary for consideration of the site plan control application.
5.2 As a condition to the approval of the plans and drawings referred to in subsection 41(4) of the Act, the Owner of the land shall hereby:
i. Provide at no expense to the Corporation the facilities, works or matters mentioned in clause 41(7)(a) of the Act approved in accordance with Section 41 of the Act and shown on the approved plans and drawings and in the development agreement; and
ii. Maintain at the sole risk and expense of the Owner the facilities or works mentioned in paragraphs 2, 3, 4, 5, 6, 7, 8 and 9 and clause 41(7)(a) of the Act and shown on the approved plans and drawings in the development agreement, approved in accordance with Section 41 of the Act, including the removal of snow from access ramps and driveways, parking and loading areas and walkways.
5.3 The owner of any land designated under this by-law shall be required as a condition of any development to enter into one or more agreement with the Township dealing with any or all of the facilities, works or matters referred to in Sections 4 and 5, as deemed necessary by Council, and Pursuant to Section 41(7)(c) of the Planning Act.
5.4 The Council shall require that any development agreement be registered against the lands to which it applies. The Council shall enforce the provisions of the development agreement or agreements against the owner of the said lands and, subject to the provisions of The Registry Act, and The Land Titles Act, any and all subsequent owners of the said lands.
Section 6 – Administration and Enforcement
6.1 This by-law shall be administered by the Planner/ Economic Development Officer and the Clerk.
6.2 The Mayor and the Clerk are hereby authorized to execute on behalf and under the seal of the Corporation any document necessary to give further effect to the provision of this by-law, when the appointed officers’ authority has been revoked.
6.3 If any provision of this by-law is for any reason held to be invalid, it is
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Page 135 of 137 hereby declared to be the intention that all the remaining provisions shall remain in full force and effect until repealed, notwithstanding that one or more provisions shall have been declared to be invalid.
6.4 In the event of conflict between the provisions of any guidelines or standards and any applicable zoning by-law or federal or provincial statute or regulation, the provisions of the zoning by-law or federal or provincial statute or regulation shall apply.
6.5 Every person who, without having plans or drawings approved in accordance with Section 41 of the Act, undertakes any development in the site plan control area designated by this by-law pursuant to Section 67 of the Act, is guilty of contravening Section 41 of the Act.
6.6 Every person who undertakes any development in the site plan control area designated by this by-law without providing or maintaining any of the facilities, works or matters that are mentioned in Clause 41(7)(a) of the Act and that are required by the Corporation under that clause as a condition to the approval of plans or drawings in accordance with Section 41 is, pursuant to Section 67, guilty of contravening Section 41 of the Act.
6.7 Every person who undertakes any development in the site plan control area designated by this by-law without entering into one or more agreements with the Corporation that deal with or ensure the provision or maintenance of any of the facilities, works or matters and that the person is required by the Corporation to enter into under that subsection as a condition to the approval of plans and drawings in accordance with Section 41 of the Act is, pursuant to Section 67 of the Act, guilty of contravening Section 41 of the Act.
6.8 Every person who is convicted of an offense under Section 41 of the Act is liable to a fine or penalty prescribed by Section 67 of the Act.
Section 7 – Effective Date and Repeal
7.1 This by-law shall come into effect upon third and final reading thereof.
7.2 That By-law 09-04-379 is hereby repealed.
Read a first, second and third time and finally passed this 5th day of May, 2021.
Michael Moore, Mayor
Carmen Miller, Clerk
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Page 136 of 137 The Corporation of the Township of Whitewater Region By-law Number 21-05-1385
A by-law to confirm the proceedings of Council at its regular meeting of May 5, 2021.
Whereas, Section 5 of the Municipal Act, 2001 S.O. 2001, c.25 as amended states that the powers of a municipality shall be exercised by its Council and generally through by-law; and
Whereas, Council deems it expedient and necessary to confirm and adopt through by-law the proceedings of the Council of the Corporation of the Township of Whitewater Region at its regular meeting of May 5, 2021.
Now therefore Council of the Corporation of the Township of Whitewater Region enacts as follows:
1. That the actions of the Council of the Corporation of the Township of Whitewater Region in respect of each recommendation contained in the reports, and each motion and resolution passed and other actions taken by Council, its regular meeting of May 5, 2021 is hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law.
2. That the proper officials of the Corporation of the Township of Whitewater Region are hereby authorized and directed to do all the things necessary to give effect to the action of the Council referred to in all proceeding sections hereof.
3. That the Mayor and Clerk are authorized and directed to execute all documents in that behalf and to affix thereto the seal of the Corporation of the Township of Whitewater Region.
4. That this by-law shall come into force and take effect upon being passed by Council.
Read a first, second and third time and finally passed this 5th day of May, 2021.
Michael Moore, Mayor
Carmen Miller, Clerk
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