Regular Session Council - 12 Mar 2019

TOWN OF GREATER NAPANEE REGULAR SESSION OF COUNCIL

A G E N D A

MARCH 12, 2019 at 7:00 p.m.

Council Chambers, Town Hall - 124 John St., Napanee

Page 1. CALL TO ORDER

2. ADOPTION OF AGENDA

2.1 Adopt Agenda

Recommendation: That the Agenda of the Regular Session of Council dated March 12, 2019 be adopted as presented.

3. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF

4. PRESENTATIONS

5. DEPUTATIONS

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

6. ADOPTION OF MINUTES

5 - 10 6.1 Regular Session of Council - February 26, 2019

Recommendation: That the minutes of the Regular Session of Council dated February 26, 2019 be adopted as presented.

11 - 12 6.2 Special Session of Council - March 6, 2019

Recommendation: That the minutes of the Special Session of Council dated March 6, 2019 be adopted as presented.

13 - 16 6.3 Special Session of Council - March 7, 2019

Recommendation: That the minutes of the Special Session of Council dated March 7, 2019 be adopted as presented.

7. CORRESPONDENCE

7.1. Correspondence for Information

17 7.1.1 Correspondence for Information items dated - March 12, 2019

Recommendation: That the Correspondence for Information items dated March 12, 2019 be received.

7.2. Correspondence for Action

18 - 19 7.2.1 Lisa Johnson - Request for Reduced or Waived Rental Rate for

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REGULAR SESSION COUNCIL - March 12, 2019 Agenda

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the Strathcona Paper Centre Banquet Hall on August 7, 2019

Recommendation: That Council receive for information the correspondence from Lisa Johnson received March 5, 2019; And further that Council provide direction to staff regarding Ms. Johnson's request for a reduced or waived rental rate for the Strathcona Paper Centre Banquet Hall on August 7, 2019 for the "Fit by Forty for Camden 1k and 5k Fun Run."

20 7.2.2 Food Policy Council for KFL&A - Request to Waive the Rental Rate for the Strathcona Paper Centre Meeting Room on May 11, 2019

Recommendation: That Council receive for information the correspondence from The Food Policy Council for KFL&A dated March 4, 2019; And further that Council provide direction to staff regarding the Food Policy Council's request to waive the rental rate for the Strathcona Paper Centre meeting room on May 11, 2019 (depending on venue availability) for the "Food Matters 2019" event.

21 - 24 7.2.3 Jami Adams and Sharon Adams - Request for Noise By-law Exemption for a Wedding at 841 County Road 9 on June 22, 2019

Recommendation: That Council receive for information the correspondence from Jami Y. Adams dated February 25, 2019 and from Sharon Adams dated March 7, 2019; And further that Council approve a noise by-law exemption for the wedding and reception of Jami Adams and Alex Vanags on June 22, 2019 at 841 County Road #9 from 5:30 p.m. to no later than 1:00 a.m. on June 23, 2019.

25 7.2.4 Community Planning & Partnership Annual Meeting Invitation - Limestone District School Board

Recommendation: That Council receive for information the correspondence from the Limestone District School Board dated March 6, 2019; And further that any member of Council wishing to attend the Community Planning & Partnership meeting on March 25, 2019, notify Wendy Magee.

8. UNFINISHED BUSINESS

9. COMMITTEE REPORTS

26 - 31 9.1 Napanee Business Improvement Area - Board of Management minutes January 16, 2019 and February 27, 2019.

Recommendation: That Council receive and adopt the minutes of the

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Napanee Business Improvement Area dated January 16, 2019 and February 27, 2019.

10. STAFF REPORTS

32 - 33 10.1 Emergency Services - Updated Open Air Burning By-law

Staff Recommendation:That Council receive for information Emergency Services – Updated Open-Air Burning By-law report; And further that Council authorize that an updated Open-Air Burning by-law be brought forward later in the meeting.

34 - 46 10.2 Community & Corporate Services - Sale of Surplus Land

Staff Recommendation: That Council receive for information the Community & Corporate Services – Sale of Surplus Lands report; And further that Council acknowledge that existing By-Law No. 07-59 is adequate for the purpose of sales and other disposition of Town land. And further that Council authorize staff to enter into a pilot project with Rogers & Trainor Commercial Realty Inc. for the purpose of developing a process for the disposition of municipal commercial, industrial, and development lands; And further that Council direct staff to provide monthly updates to Council with a final report date due at the Regular Council meeting in December 2019.

47 - 50 10.3 Community & Corporate Services - Cemetery Background Information

Staff Recommendation: That Council receive for information the Community & Corporate Services - Background Information for Cemeteries in Greater Napanee report.

11. BY-LAWS

51 - 63 11.1 By-law No. 2019-0021 - To Regulate Open Air Burning within the Town of Greater Napanee

12. NEW BUSINESS

13. NOTICE OF MOTIONS

14. STATEMENTS BY MEMBERS

15. CLOSED SESSION

15.1 Adjourn to closed session pursuant to Section 239 of the Municipal Act in order to discuss the prospective acquisition of land, a matter of potential litigation and a matter regarding an identifiable individual.

15.2 Rise and report from closed session

16. CONFIRM PROCEEDINGS

64 16.1 A By-law to Confirm the Proceedings of the Council of the Corporation of the Town of Greater Napanee

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17. ADJOURNMENT

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TOWN OF GREATER NAPANEE REGULAR SESSION OF COUNCIL

Minutes of Meeting Held February 26, 2019 at 7:00 PM Council Chambers, Town Hall - 124 John St., Napanee

PRESENT: Mayor Marg Isbester in the Chair, Deputy Mayor Max Kaiser, Councillor

Ward 1 John McCormack, Councillor Ward 3 Dave Pinnell, Jr., and Councillor Ward 5 Ellen Johnson

ABSENT: Councillor Ward 2 Terry Richardson and Councillor Ward 4 Bob Norrie

CALL TO ORDER Mayor Isbester called the meeting to order at 7:02 p.m.

ADOPTION OF AGENDA RESOLUTION #98/19: Kaiser & Pinnell That the Agenda of the Regular Session of Council dated February 26, 2019 be adopted as amended as follows: (i) Add to Closed Session: two matters of solicitor-client privilege; and (ii) Move Agenda Item No. 4.1: Presentations - Community & Corporate Services - 2019 Marketing & Tourism Plan to follow Agenda Item No. 5.1 Deputations - Girl Guides and Boy Scouts. CARRIED.

DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest.

DEPUTATIONS

Girl Guides & Boy Scouts - Deputation by Andrea Miller and Kate McNeil

Andrea Miller, Commissioner, spoke to Council on behalf of the Greater Napanee Girl Guides and the 1st Napanee Valley Scouts, who were also in attendance, regarding Scout-Guide Week which was February 17 - 23, 2019 and World Thinking Day which was February 22, 2019. Commissioner Miller requested that Council consider flying the Scouts Canada and Girl Guide flags at the Town Hall during Scout-Guide Week in February 2020.

PRESENTATIONS

Community & Corporate Services - 2019 Marketing & Tourism Plan

Annie Manion, Economic Development Coordinator provided a presentation regarding the Town's proposed 2019 Marketing & Tourism Plan, which includes:

▪ new "Great" marketing program; ▪ Photo Contest - Adirondack Chairs; ▪ participation in the ON2 campaign which directs traffic off Highway 401 and on to

Highway 2 ▪ North Fredericksburgh Hall upgrades for a Youth Centre location; ▪ Hometown Market moving to a weekly market in Conservation Park; ▪ Pop-up Events in July and August;

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Regular Session of Council - February 26, 2019 Page 5 of 64

REGULAR SESSION OF COUNCIL - February 26, 2019 Minutes

▪ support for traditional events and encourage new ones; ▪ Partners' Reception - networking opportunity; and ▪ Button/Card Collecting program

RESOLUTION #99/19: Kaiser & McCormack That Council receive and endorse the Town of Greater Napanee 2019 Marketing & Tourism Plan as presented. CARRIED.

DEPUTATIONS (continued)

Bob Clark, Clark Consulting Re: Overview of Development Charges

Bob Clark, Clark Consulting was in attendance to provide Council with an overview of development charges. RESOLUTION #100/19: Kaiser & Pinnell That Council receive for information the Overview of Development Charges presented provided by Bob Clark, Clark Consulting. CARRIED. James Ward and Alex Adams, Rogers and Trainor Commercial Realty Inc., Brokerage Re: Land Appraisal Proposal

Alex Adams and James Ward, Rogers & Trainor Commercial Realty Inc. Brokerage were in attendance to provide an overview of their services and how they could assist the town with the selling of its surplus lands, any Town purchases of land, consultancy advice and the development of a process for this work. RESOLUTION #101/19: Pinnell & Johnson That Council receive for information the Land Appraisal Proposal presentation from Rogers and Trainor Commercial Realty Inc. Brokerage. CARRIED. Council Resolution to Accept Additional Deputations with No Notice, if required. RESOLUTION #102/19: Kaiser & McCormack That Council receive additional deputations without notice. CARRIED. Dennis Mills, 133 Bridge Street West referenced the presentation earlier in the meeting regarding the 2019 Marketing & Tourism Plan and suggested “Great” architecture and “Great” history should also be included in the plan. Mr. Mills advised that this spring Quinte region representatives from the Architectural Conservancy Ontario will be visiting Greater Napanee. Randy Vollick referenced the Notice of Motion in the agenda and expressed his opposition to changing the time of one Council meeting a month to 4:00 p.m. because he feels many people would still be at work at that time making it harder for the public to attend the Council meetings.

ADOPTION OF MINUTES

Special Session of Council - Monday February 11, 2019. RESOLUTION #103/19: Kaiser & Pinnell That the minutes of the Special Session of Council dated February 11, 2019 be adopted as presented. CARRIED.

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Regular Session of Council - February 12, 2019 RESOLUTION #104/19: Johnson & McCormack That the minutes of the Regular Session of Council dated February 12, 2019 be adopted as presented. CARRIED.

CORRESPONDENCE FOR INFORMATION RESOLUTION #105/19: Kaiser & Pinnell That the Correspondence for Information items dated February 26, 2019 be received.

CARRIED.

CORRESPONDENCE FOR ACTION

Kiri Sousa/Errol Kuszner - Re: Application for Noise By-law Exemption RESOLUTION #106/19: Kaiser & Pinnell That Council receive for information the correspondence from Kiri Sousa and Errol Kuszner requesting an exemption to the Town's Noise By-law between 4:00 p.m. on August 17, 2019 to 2:00 a.m. on August 18, 2019 for amplified music and the detonation of fireworks for a wedding to be held at 9382 County Road 2, Napanee, ON; And further that Council request the following additional information be provided prior to considering the request: a) comments from the adjacent and any other neighbours that would be affected by this noise by-law exemption; b) clarification as to whether this is a one-time family event or whether the location is to become an event centre; and c) written permission for the detonation of fireworks from the Town’s Fire Chief. CARRIED. 19-01-23 Thierry Henry, Mazerolle & Lemay, Barristers & Solicitors Re: Removal of Development Agreement - 435 Milligan Lane RESOLUTION #107/19: Pinnell & McCormack That Council receive for information the email correspondence from Thierry Henry, Mazerolle & Lemay dated January 23, 2019; And further that Council authorize the deletion of an expired Development Agreement in favour of the former Town of Napanee, which required the building of an industrial building within 18 months of May 31, 1988, and registered as Instrument No. LA160658 on June 6, 1988 on title of property at Part of Park Lots 14 and 15, West side of Camden Road, former Town of Napanee, now in the Town of Greater Napanee, being Part 10 on 29R4212 and PIN 45086-0075 (LT), known municipally as 435 Milligan Lane; And further that Council authorize the Mayor and Clerk to execute the necessary documents on behalf of the Town of Greater Napanee. CARRIED. 19-02-09 Joe Matthews - Voodoo Rockfest 2019 Re: Request for Noise By-law Exemption RESOLUTION #108/19: Kaiser & Pinnell That Council of the Town of Greater Napanee receive for information the correspondence from Joe Matthews dated February 9, 2019 requesting a noise by-law

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exemption for the Voodoo Rockfest 2019 to be held September 19, 20 and 21, 2019 at the Napanee Fairgrounds; And further that Council authorize an exemption to the Town’s Noise By-law for the Voodoo Rockfest 2019 for the following dates and times. • Thursday, September 19, 2019 may be doing sound checks starting in the afternoon and on into the evening. • Friday, September 20, 2019 - Possible sound checks through the day starting no earlier than 12 p.m. and music to start at 4:00 p.m. to 11:00 p.m. and • Saturday, September 21, 2019 from 11:00 am. to 11:00 p.m. CARRIED.

Quinte Conservation - Municipalities for Climate Change Innovation Program - February 12, 2019 RESOLUTION #109/19: Pinnell & McCormack That Council receive for information the correspondence from the Quinte Conservation dated February 12, 2019; And further that The Corporation of the Town of Greater Napanee reconfirms their support of Quinte Conservation’s application for funding to the Climate Change Innovation Program so they can carry out climate change monitoring and assist the eighteen member municipalities with the preparation of drought management plans and drought preparedness. CARRIED.

19-02-14 David Davison, Ainley Group

Re: Application for Noise By-law Exemption on behalf of the Ministry of Transportation for Night Work on Highway 401 RESOLUTION #110/19: Kaiser & Pinnell That Council receive for information the correspondence from Ainley & Associates dated February 14, 2019; And further that the Council of the Town of Greater Napanee grants the Ministry of Transportation an exemption from Section 4(k) of the Town's Noise By-law in order to undertake culvert replacement and rehabilitation work on Highway 401 between 4.4 km west of County Road 41 and the Highway 401 and County Road 41 interchange (I/C 579) during the night when traffic levels are lower, between May 1 and December 31, 2019. CARRIED. RESOLUTION #111/19: Kaiser & Pinnell That Council direct staff to send a letter to David Davison, Ainley Group:

(i) expressing concern with the 8-month time frame for the noise by-law exemption and requesting that MTO make every effort to complete the overnight work on Highway 401 in a shorter time period if possible, recognizing that weather and long weekend traffic flow need to be considered; and

(ii) requesting that MTO provide public notice of the overnight work. CARRIED.

UNFINISHED BUSINESS There was no Unfinished Business presented.

COMMITTEE REPORTS There were no Committee Reports.

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STAFF REPORTS

CAO - Service Area Updates RESOLUTION #112/19: Kaiser & Pinnell That Council receive for information the CAO - Service Area Updates report. CARRIED.

CAO - Pregnancy and/or Parental Leaves of Members of Council Policy RESOLUTION #113/19: Kaiser & Johnson That Council receive the CAO - Pregnancy and/or Parental Leaves of Members of Council report; And further that Council adopt the policy regarding Pregnancy and/or Parental Leaves of Members of Council as presented. CARRIED.

Community & Corporate Services - Sale of Surplus Land Policy RESOLUTION #114/19: Pinnell & Kaiser That Council receive for information the Community & Corporate Services - Sale of Surplus Lands report; And further that Council direct staff to review existing By-Law No. 07-59 and make recommendations to Council at the March 12, 2019 Regular Meeting. CARRIED.

Emergency Services - Emergency Capital Purchase Face Fit Tester AccuFit9000 RESOLUTION #115/19: McCormack & Pinnell That Council receive for information the Emergency Services - Emergency Capital Purchase of the Face Fit Tester AccuFit9000 report; And further that Council approve the financing of the purchase of the AccuFit9000 Respiratory Face Fit Tester from the 2019 Capital Budget. CARRIED.

Infrastructure Services (Planning) - 3244 County Road 41 Legal Non-Conforming Use RESOLUTION #116/19: Kaiser & Johnson That Council receive for information the Infrastructure Services - 3244 County Road 41 Legal Non-Conforming Status Report; And further that Council recognize the property at 3244 County Road 41 as a legal non-conforming 5 unit apartment building. CARRIED.

Infrastructure Services - 2019 Development Charges Annual Adjustment RESOLUTION #117/19: Kaiser & Pinnell That Council receive for information the Infrastructure Services - Development Charges Annual Adjustment Report; And further that Council impose the annual adjustment to Schedule B of the Development Charges to reflect the current Construction Price Index of 5.73% as published by Statistics Canada in accordance with Section 9 (2) of the Development Charges By-Law No. 2017-0008. CARRIED. Infrastructure Services - Meadow Lane Civic Addressing Report RESOLUTION #118/19: Pinnell & McCormack That Council receive for information the Infrastructure Services - Meadow Lane Civic Addressing report; And further that Council authorize staff to begin a process to resolve the problematic addressing on Meadow Lane. CARRIED.

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BY-LAWS There were no by-laws presented. NEW BUSINESS There was no New Business presented.

NOTICE OF MOTIONS Councillor McCormack - Notice of Motion That Council consider changing the time of one Council meeting a month to start at 4:00 p.m. After some discussion, Councillor McCormack withdrew his notice of motion until further information is received.

STATEMENTS BY MEMBERS Mayor Isbester commended all those who participated in the Coldest Night of the Year walk, noting that it appears funds raised for the Morning Star Mission will be close to $40,000. Mayor Isbester expressed sympathy on behalf of Council and staff to the family of Brian Bowen, who passed away on Monday, noting that he will be greatly missed in the community.

CLOSED SESSION RESOLUTION #119/19: Kaiser & Pinnell That Council resolve itself into closed session at 8:33 p.m. pursuant to Section 239 of the Municipal Act in order to discuss two matters of solicitor-client privilege. CARRIED. RESOLUTION #120/19: Kaiser & McCormack That Council rise and report from closed session; and further that all recommendations made within closed session be hereby adopted. CARRIED.

CONFIRM PROCEEDINGS RESOLUTION #121/19: Kaiser & McCormack That By-law No. 2019-0018 being a By-law to Confirm the Proceedings of Council at its Regular Session held February 26, 2019 be read a first and second time and finally passed and that the Mayor and the Clerk sign the same and affix thereto the seal of the Corporation. CARRIED.

ADJOURNMENT RESOLUTION #122/19: McCormack & Johnson That the meeting does hereby adjourn at 8:51 p.m. CARRIED. Marg Isbester, Mayor Susan Beckel, Clerk

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TOWN OF GREATER NAPANEE SPECIAL SESSION OF COUNCIL

Minutes of Meeting Held March 06, 2019 at 4:00 PM Council Chambers, Town Hall - 124 John St., Napanee

PRESENT: Mayor Marg Isbester in the Chair, Deputy Mayor Max Kaiser, Councillor Ward 1 John McCormack, Councillor Ward 2 Terry Richardson, Councillor Ward 3 Dave Pinnell, Jr., Councillor Ward 4 Bob Norrie, Councillor Ward 5 Ellen Johnson


ADOPTION OF AGENDA RESOLUTION #123/19: Kaiser & Richardson That the Agenda of the Special Session of Council dated March 6, 2019 be adopted as presented.

CARRIED.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

There were no disclosures of pecuniary interest.

CLOSED SESSION RESOLUTION #124/19: Pinnell & Johnson That Council resolve itself into Closed Session pursuant to Section 239 of the Municipal Act for the purposes of Council education which will not materially advance the business or decision-making of Council.

CARRIED.

RESOLUTION #125/19: Pinnell & Richardson That Council rise and report from closed session; and further that all recommendations made within closed session be hereby adopted.

CARRIED.

CONFIRM PROCEEDINGS RESOLUTION #126/19: McCormack & Richardson That By-law No. 2019-0019 being a by-law to confirm the proceedings of Council at its Special Session held March 6, 2019 be read a first and second time and finally passed and that the Mayor and the Clerk sign the same and affix thereto the seal of the Corporation.

CARRIED.

ADJOURNMENT

RESOLUTION #127/19: Pinnell & Richardson That the meeting does hereby adjourn at 6:20 p.m.

CARRIED.

Special Session of Council - March 6, 2019 Page 11 of 64

SPECIAL SESSION OF COUNCIL - March 6, 2019 Minutes

Marg Isbester, Mayor Raymond Callery, CAO/ Deputy Clerk


TOWN OF GREATER NAPANEE SPECIAL SESSION OF COUNCIL

Minutes of Meeting Held March 07, 2019 at 6:00 PM Council Chambers, Town Hall - 124 John St., Napanee

PRESENT: Mayor Marg Isbester in the Chair, Deputy Mayor Max Kaiser, Councillor Ward 1 John McCormack, Councillor Ward 2 Terry Richardson, Councillor Ward 3 Dave Pinnell, Jr., Councillor Ward 4 Bob Norrie, Councillor Ward 5 Ellen Johnson


ADOPTION OF AGENDA RESOLUTION #128/19: Kaiser & Richardson That the Agenda of the Special Session of Council dated March 7, 2019 be adopted as amended to add that Council will reconvene Closed Session after Agenda Item #5.12- 2019 Operating Budget versus 2018 Operating Budget. CARRIED.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest.

CLOSED SESSION (to begin at 4:30 P.M.) RESOLUTION #129/19: Kaiser & Johnson That Council resolve itself into closed session in order to discuss matters of identifiable individuals. CARRIED. RESOLUTION #130/19: Kaiser & Pinnell That Council recess closed session until following Agenda Item #5.12 – 2019 Operating Budget versus 2018 Operating Budget. CARRIED. ITEMS FOR DISCUSSION (to begin at 6:00 P.M.) Raymond Callery, CAO introduced the format of the meeting and noted the effort of staff to bring forward a budget as low as possible while keeping the same level of service.

2019 Assessment Update and 2018 Municipal Property Assessment Corporation (MPAC) Year-End Assessment Report

Mark Day, Treasurer/Deputy CAO reviewed the 2018 and 2019 Phased in Assessment by property class highlighting that assessment has grown by 4.6% with total assessment for 2019 being $2,088,874,713. RESOLUTION #131/19: Kaiser & Richardson That Council receive for information the 2019 Assessment Update and the 2018 Municipal Property Assessment Corporation (MPAC) Year-End Assessment Report dated December 14, 2018. CARRIED.

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2019 Ontario Municipal Partnership Fund (OMPF) Review

Mr. Day reviewed the Ontario Municipal Partnership Fund (OMPF) entitlement for 2019, in the amount of $1,644,700, which is being maintained at the same level as 2018; however, the fund is currently under review by the provincial government. RESOLUTION #132/19: Kaiser & McCormack That Council receive for information the 2019 Ontario Municipal Partnership Fund (OMPF) Review. CARRIED. 2019 Police Costing Update Mr. Day advised that the Town's policing costs for 2019 will increase by $215,076 to a net levy of $3,600,448. Mr. Callery explained the breakdown of policing costs including court security costs and advised that once the regulations are issued for the amended Police Services Act, there will be significant changes to policing and the associated costs. RESOLUTION #133/19: Johnson & Norrie That Council receive for information the 2019 Police Costing Update report. CARRIED. 2019 Conservation Authorities' Levy Update Mr. Day reviewed the 2019 conservation authority budgets and noted that the Town's levy for Cataraqui Region Conservation Authority is $64,173 and for Quinte Conservation is $116,923. RESOLUTION #134/19: Pinnell & Richardson That Council receive for information the 2019 Conservation Authorities' Levy Update.

CARRIED.

2019 Cataraqui Region Conservation Authority Draft Budget RESOLUTION #135/19: McCormack & Richardson That Council receive for information the 2019 Cataraqui Region Conservation Authority Draft Budget. CARRIED. 2019 Quinte Conservation Budget RESOLUTION #136/19: Kaiser & Pinnell That Council receive for information the 2019 Quinte Conservation Budget. CARRIED. Summary of Authorities Affecting 2019 Budget Mr. Day advised that the total increase from authorities (policing and conservation authorities) affecting the proposed 2019 operating budget is $215,076. RESOLUTION #137/19: Johnson & Richardson That Council receive for information the Summary of Authorities affecting 2019 Budget report. CARRIED. 2018 Municipal Grants Summary Mr. Day reviewed the summary of the 2018 grants budget of $29,000 and the 2018 total grants issued of $24,664.47 and explained the 2018 Municipal Grants Program Administration Agreement with the Community Foundation for Lennox & Addington.

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RESOLUTION #138/19: Pinnell & Johnson That Council receive for information the 2018 Municipal Grants Summary. CARRIED. 2019 Municipal Grant Requests Mr. Day reviewed the 2019 grants proposed budget of $29,000 and 2019 grant requests of $43,500. Brandt Zatterberg, General Manager - Community & Corporate Services spoke to the request from the Napanee Cemetery Company for $30,000. RESOLUTION #139/19: Pinnell & Johnson That Council receive for information the 2019 Municipal Grant Requests; And further that Council authorize entering into a two year Municipal Grants Program Administration and Management Agreement ending December 31, 2020 with the Community Foundation for Lennox & Addington; And further that the Mayor and Clerk be authorized to execute the agreement on behalf of the Town of Greater Napanee. CARRIED. RESOLUTION #140/19: Kaiser & Pinnell That Council authorize that the Town's 2019 operating budget include $19,000 for grants allocated as follows: The Community Foundation of Lennox & Addington: $12,500 ($2,500 for the Town of Greater Napanee Emerging Fund and $10,000 for Town grant requests) Loyalist Parkway Association: $1,500 Deseronto Transit: $1,000 Other Grants Allocation: $4,000 And further that Council direct that all other grant requests received to date, with the exception of the request from the Napanee Cemetery Board, be forwarded to the Community Foundation of Lennox & Addington for consideration. CARRIED. RESOLUTION #141/19: McCormack & Kaiser That Council request that a deputation from the Napanee Cemetery Board attend an upcoming Council meeting to provide more information regarding the board's 2019 grant request to the Town of $30,000. CARRIED. Background Information for Council - Operating Budget Summaries RESOLUTION #142/19: Kaiser & Pinnell That Council receive for information the Operating Budget Summaries report.

CARRIED.

2018 Projected Operating Actual versus 2018 Operating Budget

Mr. Day reported that the 2018 budget surplus is projected to be $176,635 as of February 21, 2019 and reviewed the details of the amount by department. RESOLUTION #143/19: Richardson & Pinnell That Council receive for information the 2018 Projected Operating Actual versus 2018 Operating Budget report. CARRIED.

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2019 Operating Budget versus 2018 Operating Budget

Mr. Day reviewed the breakdown of the 2019 projected operating budget net tax levy increase of $425,274 or 3.82% and noted that the total 2019 proposed budget to date is $19,351,990, which is a $393,688 or 2.08% operating budget increase. RESOLUTION #144/19: Kaiser & Richardson That Council receive for information the 2019 Operating Budget versus 2018 Operating Budget report. CARRIED.

CLOSED SESSION RESOLUTION #145/19: Kaiser & McCormack That Council reconvene into Closed Session at 7:10 p.m. pursuant to Section 239 of the Municipal Act in order to further discuss matters regarding identifiable individuals. CARRIED. RESOLUTION #146/19: Pinnell & Johnson That Council rise and report from closed session; and further that all recommendations made within closed session be hereby adopted. CARRIED. CONFIRM PROCEEDINGS RESOLUTION #147/19: Kaiser & Pinnell That By-law No. 2019-0020 being a by-law to confirm the proceedings of Council at its Special Session held March 7, 2019 be read a first and second time and finally passed and that the Mayor and the Clerk sign the same and affix thereto the seal of the Corporation. CARRIED. ADJOURNMENT RESOLUTION #148/19: Kaiser & Johnson That the meeting does hereby adjourn at 8:51 p.m. CARRIED.

Marg Isbester, Mayor Susan Beckel, Clerk

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Summary of Correspondence for Information Items

March 12, 2019

This summary contains correspondence that was received by the municipality from outside organizations, which were broadcast to all municipalities, or which were addressed generally to the Town. This includes requests for support for resolutions. All correspondence addressed to an individual member of council or to the whole council from a resident are placed in the appropriate council mailbox. These items of correspondence are not added to the agenda unless requested by a member of council. Correspondence for Action items are pieces of correspondence that were received by Town staff that require further council attention or action. Members of Council may request items be added to the agenda for consideration.

1. Ministry of Community Safety & Correctional Services – Re: Community

Safety and Well-Being Planning Framework and Frequently Asked Questions.

2. Thank You Note – Re: Godfrey Family.

3. ConnexOntario – Re: An access point to addictions, mental health and problem gambling services/supports for the people of Ontario.

4. Loyalist Township – Re: Township Initiated Amendment – Allow Second

Kitchen Zoning Amendment.

5. Township of South Stormont – Re: Township of South Stormont Council resolution – Provincial Review of OMPF.

6. Ministry of Transportation – Re: Notice of Study Completion and Transportation Environmental Study Report Submission. Preliminary Design and Class Environmental Assessment Study – Highway 401 Interchange Improvements at Palace Road, G.W.P. 4197-13-00

7. Association of Municipalities of Ontario – Re:

• Taking Action for Universal broadband Access

• AMO’s New Councillor Training Opportunities

• Government Announces New Health Care Plan

• AMO – Watch File February 28, 2019

• AMO – Watch File March 7, 2019

Correspondence for Information items dated - March 12, 2019 Page 17 of 64

Attention Council Members of Greater Napanee. I am writing you this letter to request a reduced rate to rent the banquet hall and south parking lot at the Strathcona Paper Center. I am holding a 1k and 5k race the evening of August 7th 2019. The event is called "Fit by Forty for Camden 1k and 5k Fun Run." In honor of Camden Arthur, a soon to be nine year old resident of Napanee who is fighting cancer! Alongside him are his parents Shane & Sarah and his big brother Mason & big sister McKenna. As you may be aware, Camden was given a cancer diagnoses this past fall and since then has been through countless treatments both locally and as far away Boston. Most recently he will be ongoing several intense radiation treatments in Toronto. Since his diagnosis I have seen the community of Napanee step up and help raise funds, make meals, make donations and offer any assistance needed to this amazing family. So now it is my turn to take my story and help out my friends the Arthurs. Napanee is my second home, my family owns a cottage in Hay Bay on North Shore Rd and it never ceases to amaze me how tight knit this community is. Please bare with me in reading this lengthy letter as it has been quite the process to get to where I am now hosting this event! Here is a bit of my back ground and the reasoning behind this event!! April 2018 I had gastric bypass surgery. It was a long and crazy journey, and I will spare you most of the details. When I started the process I was tipping the scales at 260lbs. Even though I was a fairly active and I considered myself an avid runner & I loved the challenge of running, at 260+ lbs I wasn’t sure how much more my body could handle. In June of 2017 I made the difficult yet life changing decision to start the process of gastric bypass surgery. A few short months later my surgery date was set, April 17th 2018 was the day. Since I began running in 2011, I have completed more races then I can count & events of all sorts, Warrior Dash, Triathlons, even a couple half marathons & most recently (Sept 2017) Ragnar ADK. The choice to go through this process was not an easy one nor was is it made lightly. While on this journey I have decided to challenge myself one step further. While sitting at home recovering I got thinking about my future and what races and events I would be completing. I had planned on hitting the pavement in June and starting from square one again with the C25K program. The problem was one race wasn’t enough for me. August 7th 2018 I turned 39 & I decided to declare 39 as the year of me & challenged myself to complete a race a month for my 39th year. My girls (8 and 11) & I along with some family & friends laced up our runners for the Woolly Bully and so started my “Fit by Forty” challenge. I am now down 100 lbs and enjoying every step! My daughters and I have completed a race each month since August and have plans to complete the challenge in style as always!! We usually run in matching shirts with tu-tu’s so keep an eye out for us, we are not hard to miss! For my Grand Finale I planned on organizing a 5k fun run in my Kingston neighbourhood with any proceeds going towards a local charity, then the unthinkable happened to friends of mine. When Shane & Sarah Arthur were faced with a cancer diagnosis for Camden. I decided to alter

Lisa Johnson - Request for Reduced or Waived Rental Rate for the Strathc... Page 18 of 64

my plans slightly, and hold the race in Napanee with all proceeds going directly to the Arthur family to help ease the financial burden. I couldn’t think of a better cause!!

As of the end of February the original tumor behind his ear has shrunk, however the disease has spread to his spine and cranial nerves he has also developed a blood clot in his heart. Camden has had to stop his current treatment regimen to travel to Toronto for intense radiation. As of right now the cost of renting the facility and parking lot space is $375.23 and if I could get the fees waived or reduced that would mean an extra $375 going to help out this amazing family! Thank you for taking the time to consider my request Lisa

Lisa Johnson - Request for Reduced or Waived Rental Rate for the Strathc... Page 19 of 64

March 4th, 2019

The Food Policy Council for Kingston, Frontenac and Lennox & Addington (FPC for KFLA) is

organizing a public event, Food Matters 2019, to be held in the spring of 2019 in Lennox & Addington

County.

The FPC was created in 2012 to create a more secure, accessible and sustainable food system in our

region. We created a food charter that outlines commitments in six aspects of food – culture, health,

education, environment, social justice and economic sustainability.

(http://foodpolicykfla.ca/wp-content/uploads/2016/06/KFLA-Food-Charter-1.pdf)

Our objective for the event is to raise awareness of programs, activities and challenges related to food

in the Lennox & Addington area. We will be inviting the general public to attend, as well as inviting

specific people such as municipal and county councillors, local MPPs and MPs, staff and board

members of social and community organizations, and members of the agricultural and rural economic

development community.

We are interested in using the meeting room at the Strathcona Centre for the event. We understand the

management of the Strathcona Centre grants community groups and agencies one rental per year at no

charge. As a non-profit community organization, we would greatly appreciate being able to use your

facility under that grant. We are hoping to hold the event on Saturday, May 11th, depending on venue

availability.

If you have any questions, please contact me, or Victoria Cadue from the Napanee Community Health

Centre who is working with us on this project.

Regards,

Dianne Dowling, chair,

Food Policy Council for KFLA

[email protected] 613-546-0869

Food Policy Council for KFL&A - Request to Waive the Rental Rate for the... Page 20 of 64

mailto:[email protected]

February 25, 2019

18 Maitland DriveBelleville, OntarioKSN 4Z5 WLR U

Ms. Susan BeckellClerk, Community & Corp Services124 John StreetNapanee, OntarioK7R 3L4

Dear Ms. Beckell:

Please be advised that on June 22, 2019, we will be hosting our wedding for approximately 120 guestsat the home of Connie & Darrell Pritchard. Their address is: 841 County Road #9, Napanee, Ontario,K7R 3K8. The event will begin at approximately 5:30 p.m. and end at 1:00 a.m.

We are applying for a Special Occasion Permit through the Alcohol and Gaming Commission ofOntario. Accordingly, we would like to advise you, the police, fire, health and local buildingdepartments of our intentions. Should there be any special permits you require, or fees associated withthis, or any other information required, would you be so kind as to contact us?

We are attaching a copy of the property for your review.

Thanking you in advance.

Sincerely,

Jami Y. Adams

Jami Adams and Sharon Adams - Request for Noise By-law Exemption for a W...Page 21 of 64

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March 7,2019

278 Victoria AvenueBelleville, OntarioK8N 2C7

Mr. Josh MatsonBy-Law Enforcementw Officer ECEIv&o MARTown of Greater Napanee U ?2019

Dear Mr. Matson:

Further to our earlier conversation, and in compliance with your email, below please find ourapplication for an exemption to the Noise By-Law.

The application mentioned in subsection(a) shall be made in writing, in duplicate, and shall contain:(i) the name and address of the applicant;

Sharon M. Adams (mother of the bride)278 Victoria AvenueBelleville, OntarioK8N [email protected]

on behalf of Jami Adams & Alex Vanags (bride and groom)18 Maitland DriveBelleville, OntarioK8N 4Z5613-968-0701 and [email protected] [email protected]

(ii) a description of the source of noise in respect of which the exemption is sought;DiscJockeySound on SoundDale Vanduesen613-354-5368

A tent will be erected on the property and the music equipment and dance floor will be insidethe tent.

(iii) a statement of the particular provision or provisions of this by-law from which exemption issought;

We are requesting an exemption for the purpose of a Wedding and it’s ReceptionfDance

(iv) the period of time, for which the exemption is sought;The Wedding Ceremony will begin at 5:30 p.m., music will be played during the


processional, then throughout dinner, followed by a dance. Ending no later than 1:00a.m.

(v) the reason why the exemption should be granted; andThe owners of the property, Connie & Darrell Pritchard have kindly offered their property onthe river for this special occasion.

(vi) a statement of the steps, if any, planned or presently being taken to bring about compliancewith this by-law.

The Pritchard’s have spoken personally with all their neighbours and advised them of theactivities for this day along with all details. All neighbours were extremely supportive.

(c) Council shall forward one copy of the application for exemption to the Police.

Thanking you in advance for your consideration of this application.

Most sincerely,

Sharon M. Adams


W.’,. Putting Wefiness flit (5) W% Tcming Innnvad be. Actian We’re Coe.itt.d to Cdlahontion

220 Portsmouth Ave., Kingston, ON KiM 062P: 613-544-6gw I F 613-544-6804

TF: 1-800-267-0935 I flY; 613-548-0279www limestone an-ca

March 6, 2019

Re: Community Planning and Partnership Annual Meeting

Dear Community Partner,

Limestone District School Board (LDSB) annually reviews data to plan for the upcoming capacity needs at allopen and operating schools. As part of this planning process, the Board identifies schools with under-utilizedspace deemed appropriate for possible facility partnerships. LDSB supports and encourages cooperative andcollaborative partnerships for facility sharing as part of the foundation of a strong, vibrant and sustainablepublicly funded education system.

A Community Planning and Partnership meeting has been scheduled for 10:30 am on March 25, 2019, at theBoard Room of the Limestone Education Centre (220 Portsmouth Aye, Kingston ON). This meeting will provideinformation about potential locations for facility partnerships and will be an opportunity for organizations toshare their planning information. The Board encourages those interested in sharing facility partnershipproposals, to bring relevant information such as community needs, growth plans and green spacerequirements.

In the next year, there are not any school buildings/additions in the planning stage for construction, nor arethere are any buildings scheduled for closure/consolidation or Public Accommodation Reviews planned,therefore only information about under-utilized space will be shared at this time

For more information regarding Community Planning and Partnership policy, please visit the LDSB website:h U PS ://limestoneon - ca/boa rd/a cco mm ada ti on_planning/corn m unity_planning_partnerships

Please RSVP to Cathy Grant gapjimestopeon.ca or call directly at 613 544-6925 ext 338 or 1800267-0935.

Thank you for your interest.

Sincerely,

Superintendent of Business & Treasurer

(SEEY0uRSELFIN LIMESTONE

Limestone Distnct School Board is situated on traditionai temtories of the Anishinaabe & Haudenosaunee.Suzanne Ruttan (chair) I Debra Rantz (Director of Education and Secretary) I craig Young (Treasurer)

Community Planning & Partnership Annual Meeting Invitation - Limestone D... Page 25 of 64

Napanee Business Improvement AreaMinutes from January 16. 2019 Board of Management MeetingNapanee Business Centre

Present: Terry Johnson, Joseph Imre, Lisa Revell, Kane Biggley, Penny Smart, Robyn Halt, BobNornie, Lan Morris and Rob Hendrick.

Guests: Ellen Johnson

1. Meeting called to order by meeting Chair Terry @ 6:30 pm.2. Disclosure of conflict of interest: no disclosure.3. MOTION by Lan to approve agenda. Seconded by Rob. Carried.4. MOTION by Rob to approve October 17, 2018 board meeting minutes. Seconded by Robyn.

Carried.S. Reports

a. Chairperson:Terry reported on the cannabis meeting held by the town.

b. Council:Bob reported that a decision on cannabis will have to be made by January 22.

c. TreasurerKane reported that we have received a $10,000 Digital Service Squad grant from theprovincial government.

d. ManagerTiffany reported on a meeting with Napanee Fire regarding the possibility of hosting

a fire truck pull on the same day as Riverfront Festival. Board approved of the date.Bob will speak to Ray about getting approval.

Outside Committees:e. Standing: Beautification

First joint beautification meeting is scheduled forJanuary 28. We will be discussingcontinuity, theme, lighting options and the UPI lot

f. Standing: Marketing and CommunicationsFirst meeting will be next week.

g. Outside Committeesi. Arts and Culture

No reportii. Riverfront Festival

No reportiii. Business Achievement Awards

Lori suggested changing the date of the BAA to a Friday night

1 BIA Minutes — January 16, 2019

Napanee Business Improvement Area - Board of Management minutes January ...Page 26 of 64

ACTION: Tiffany will request a date change.iv. Impact Real Estate (IRE)

No report6. Business Arising

a. BannersJoseph, Ellen, Robyn and Penny formed a banner committee.AaloN: Banner committee will report back on decision by February 20.

b. TODSTODS is willing to give us one more year at the reduced price. Declined.

7. New Businessa. Facebook/Newsietters

Sondra is currently the additional administrator on the Facebook page and has beenresponsible for proof reading all newsletters. Lisa volunteered to take over asadminister however no proof reader is deemed necessary.

b. PettyCashMOTION: by Robyn to increase the petty cash from $200 to $500. Seconded byTerry. Carried.

c AdvertisingTwo time sensitive advertising opportunities have arisen prior to Marketing andCommunications committee meeting: The Beaver honor roll and Train festivaladvertisement. Declined.

B. MOTION by Robyn to receive all reports. Seconded by Penny. Carried.9. MOTION to adjourn by Joseph. Seconded by Lisa. Carried.

deetiptfhap’fferry Johnson Minutes Prepared By Tiffany Lloyd

2 BIA Minutes—January 16,2019


Napanee Business Improvement AreaMinutes from February 27, 2019 Board of Management MeetingNapanee Business Centre

Present: Terry Johnson, Joseph Imre, Kane Biggley, Lori Morris, Robyn Holt, Rob Hendrick

Regrets: Penny Smart, Bob Norrie, Lisa Revell

1. Meeting called to order by meeting Chair Terry @6:30 pm.2. Disclosure of conflict of interest: no disclosure.3. MOTION by to approve agenda by Rob. Seconded by Robyn. Carried.4. MOTION byto approve January 16, 2019 board meeting minutes by Rob. Seconded by Lori.

Carried.5. Reports

a. Chairperson: Reported that the citizens committee for property standards will bedoing to presentation to council. Also, the town is moving market down toSpringside Park.

b. CounciLNo report.c Treasurer: Kane presented proposed budget.

MOTION to approve the 2019 budget as presented by Kane. Seconded by Robyn.Carried.MOTION to increase the levy by 3% and increase the maximum to $1 553.09 andraise the minimum to $202.74 by Kane. Seconded by Terry. CarriedMOTION to approve increase the salary of Tiffany Lloyd to $38,000 as of March 25,2019 by Kane. Seconded by Robyn. CarriedMOTION to give a donation of $3000 to the Community Living of Lennox andAddington for sidewalk cleaning by Kane. Seconded by Joseph. Carried.Lori declared a conflict of interest prior to the above motion as she sits on the boardof directors for Community Living of Lennox and Addington.

d. Manager: Tiffany submitted written report.

Outside Committees:e. Standing: Beautification

24 banners have been ordered.MOTION to order 6 more banners by Robyn. Seconded by Kane. Carried.

f. Standing: Marketing and CommunicationsRadio ads beginning next week

g. Outside Committeesi. Arts and Culture

1 BIA Minutes — February 27, 2019


No reportii. Riverfront Festival

Meeting this week for the first time. Fire truck pull package is ready to go.Terry, Rob and Kane volunteered to create a Fire Truck Pull committee.

iii. Business Achievement AwardsNo report

iv. Impact Real Estate (IRE)No report.

6. Business Arising7. New Business8. MOTION by to receive all reports by Rob. Seconded by Lan. Carried.9. MOTION to adjourn by Lori. Seconded by Joseph. Carried.

Meeting Chair Terry Johnson Minutes Prepared By: Tiffany Lloyd

2 BIA Minutes — February 27, 2019


014-9008-1003 I Grants-Federal

________ _______

01-4-9008-1004 Grants - Provincial01-4-9008-1025 - Costs Recovered —_Partnerships

_______

01-4-9008-1026 I Special Recoveries01-4-9008-1030 Business Achievement Awards

Beautification Expenses

_____

01-5-9008-3015 I Downtown Beautification01-5-9008-4000 Sidewalk Street Cleaning01-5-90084002 Contracted Services

______

Accounts Revenue

$5,695.00

$10,000.00

$0

$3,600.00

$9,500.0001-4-9008-1032 Downtown Shopping Party — $0.0001-4-9008-1040 Dinner on Dundas - — — - $24,000.0001-4-9008-1050 Guitars n’ Cars $4,000.00

:: 01-4-9008-1060 I Fire Truck Pull $3,500.00j.p1-4-9008-1070 Wornenwith Momentum $11,000.00

01-4-9008-4008 BIA Levy-Budgeted $80,300.0001-3-1000-1003 Surplus (Deficit) BIA $7,023.00

$158,618.00Total Revenue

Expenses

Administration

01-5-9008-1001 Wages — Full Time — $37,570.0001-5-9008-1002 Wages — Part Time Adrnin Staff $12,430.0001-5-9008-1009 Employer Costs $6,800.0001-5-9008-3001 Office Supplies $1,980.0001-5-9008-3006 Membership Fees $250.0001-5-9008-3008 Conferences - Seminars $2,600.0001-5-9008-3011 Telephone and Internet — $1,400.00

_01-5-9008-3014 L!dro ( Hwy 41 Sign $150.00

[9k5-9008-3029 Rent $4,430.00

[ 01-5-9008-4001 Web Site Maintenance $100.0001-5-9008-4005 Insura nce_______________ $10.0001-5-9008-4009 - Auditor $3,000.00 .•

-

01-5-9008-7001 — Tax Written Off $1,000.0001-5-9008-7004 - Tax Write 0ff-Vacancy Rebate $2,500.00

Marketing Expenses01-5-9008-3004 I Advertising/Marketing $15,899.00

-.__________ $17,899.Od .

$3,00Q:ãd

$0-OP.


01-5-9008-3026

Events

Downtown Shopping Party

FireTruckPull —

— I,

3 .5-”

-I-.

- ., I..

01-5-9008-3060

25:9Qa83030 Business_Achievement Awards $6,000.0001-5-9008-3040 — Dinner on Oundas $21,500.00 -

-

01-5-9008-3050 Guitars N’ Cars $3,600.00,: i

$2,500.00

01-5-9008-3070

01-5-9008-3080

Women with Momentum

Parade of Lights

Total Expenses

$3,500QQj


Staff Report to Council

To: Mayor Schermerhorn and Members of Council Date: March 12, 2019 Prepared By: John Koenig, Deputy Fire Chief Presented By: John Koenig, Deputy Fire Chief

Re: Emergency Services – Updated Open-Air Burning By-law

Staff Recommendation: That Council receive for information Emergency Services – Updated Open-Air Burning By-law report; And further that Council authorize that an updated Open-Air Burning by-law be brought forward later in the meeting.

Financial Implications: Upon review, there are no financial implications at this time. Accessibility Implications: This report may be available in alternate format upon request. Information Technology Implications: Upon review, there are no information technology implications. Energy Management Implications: Upon review, there are no energy management implications. Background Information: In 2013, a review of the 2007 Town of Greater Napanee Open-Air Burning By-law was completed, and a new by-law was developed. The current by-law has served the purposes of our municipality quite well over the last six years, however it does need to be updated to address some issues in the current by-law. Discussion: The purpose of the Open-Air Burning By-law is to ensure the safety of the residents and the protection of property in our community, residents and visitors alike. And, to ensure the Open-Air Burning By-law meets the needs of our community, both rural, suburban

Emergency Services - Updated Open Air Burning By-law Page 32 of 64

and urban, we have everything from residents who have campfires or outdoor fireplaces, to residents who want to burn brush, to farmers who clear land, and campgrounds that have customers who enjoy having a camp fire. Changes recommended to the 2013 Open-Air Burning By-law are to deal with issues brought forward over the last few years from the community, permit users and from complaints. These include;

• Removing repetitive language in the by-law including removing Schedules (A) to (E) that are already covered in the by-law, dropping the by-law to 13 pages from 23 pages.

• Setting charges in Chargeable Offences Schedule (F), new Schedule (B) to cover the Chargeable Offences that we actually laid.

• Adding a new Schedule (A), Fees for Permits and wording in the by-law to cover the cost of an on-line open-air burning permit system.

• Replaced the wording Fire Ban and Total Fire Ban with Partial Burn Ban and Total Burn Ban to assist with confusion over the difference between the two and aline our wording more with our mutual aid partners.

• Adding wording in the by-law on the use of combustible floating lanterns, including a ban on the use of them to deal with this new issue.

• Adding wording in the by-law banning the use of “Burn Barrels” to deal with the rise in complaint calls dealing with the use of them to burn household waste in.

Respectfully Submitted John Koenig

Emergency Services - Updated Open Air Burning By-law Page 33 of 64

1

Staff Report to Council --------------------------------------------------------------------------------------------------------------------- To: Mayor Isbester and Members of Council Date: March 12, 2019 Prepared by: Brandt Zätterberg, GM, Community & Corporate Services Presented by: Brandt Zätterberg, GM, Community & Corporate Services Re: Community & Corporate Services - Sale of Surplus Lands --------------------------------------------------------------------------------------------------------------------- Staff Recommendation: That Council receive for information the Community & Corporate Services – Sale of Surplus Lands report; And further that Council acknowledge that existing By-Law No. 07-59 is adequate for the purpose of sales and other disposition of Town land. And further that Council authorize staff to enter into a pilot project with Rogers & Trainor Commercial Realty Inc. for the purpose of developing a process for the disposition of municipal commercial, industrial, and development lands; And further that Council direct staff to provide monthly updates to Council with a final report date due at the Regular Council meeting in December 2019. ---------------------------------------------------------------------------------------------------------------------

Financial Implications: Net revenue from surplus land sales will go into General

Revenue and will be used to offset past and current expenses.

Background Information: By-Law No. 07-59; A By-Law to Establish Procedures Governing the Sales and Other Disposition of Land (see attached) includes provisions:

4. Prior to the sale of any surplus land, the municipality shall obtain an appraisal of fair market value from 4(b) a real estate brokerage firm or an independent real estate agent; and

7. Council shall determine the appropriate method of sale of all surplus land, including

but not limited to tender or quotations, the use of a real estate broker, unsolicited offers to purchase or alternate methods.

Community & Corporate Services - Sale of Surplus Land Page 34 of 64

2

The Town of Greater Napanee list of surplus land (residential, commercial, and industrial) includes 23 parcels totaling 90.44 acres. Of the available properties, three parcels (25.9 acres) are currently in the process of being offered through a sealed public tender process. Many of the properties were acquired before amalgamation with the majority being declared surplus in January 2008.

• Currently the sales process is initiated when an individual expresses an interest in a property on the Town’s surplus list;

• That interest sets in motion informal research and review in Community & Corporate, Infrastructure, and Financial Services;

• An example of costs associated with this approach is independent real estate appraisals. The last ad hoc quotations for appraisals on two separate parcels were $2,400 and $3,400.

Rogers & Trainor Commercial Realty Inc. have proposed a Pilot Project for the sale of surplus commercial, industrial, and development land. The proposal also outlines proactive marketing; including website brochure, signage, MLS, co-operation with national, regional, and local brokerages, and the target marketing. See attached presentation from the February 26, 2019 Council meeting. The Rogers & Trainor proposal also included a draft process:

1. Establish properties to be included through consultation with Staff; 2. Prepare Opinions of Value and review with Staff; 3. Marketing properties through MLS, Social Media and Print Advertising; 4. Oversee negotiation of offers received. All offers to include final approval of CAO

and Council; and 5. Coordinate with legal representatives until sale is completed.


THE CORPORATION OF THE TOWN OF GREATER NAPANEE

BY-LAW NO. 07 - 5 9

A By-Law to Establish I'rocedures Governing the Sale and Other Disposition of Land

WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (the "Municipal Act") requires Council to adopt and maintain policies with respect to the sale and other disposition of land;

AND WHEREAS in recognition of the emphasis placed on transparency and accountability measures within the Municipal Act, the Town of Greater Napanee believes citizens should bc aware what real property is held by the municipality and when and how that real property is dealt with;

AND WI-IEREAS Council deems it expedient to establish such sale of land provisions, including establishing and maintaining a public register listing and describing all real property owncd or leased by the municipality;

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

Short Title

1. This by-law may be cited as the "Sale of Land By-law"

Definitions

As used in this by-law, the following terms shall have the meanings indicated: (a) "appraisal" shall mean an evaluation of the fair market value of real property

provided by a land appraiser or such other qualified person as Council may provide in this by-law;

(b) "Clerk" shall mean the Clerk of the municipality; (c) "Council" shall mean the Council of the municipality; (d) "fair market value" shall mean the amount that would be realized by the sale of real

property by a willing vendor to a willing purchaser; (e) "municipality1' or "Town" shall mean the Corporation of the Town of Greater

Napanee; (0 "real property" shall mean land and vice versa; (g) "sale" shall mean the intention or willingness to:

(i) transfer in fee simple ownership of and title to real property; or (ii) grant a permanent easement or right-of-way over real property; or (iii) grant a leasehold interest in real property for a term of 21 years or longer; from the municipality to another person, with or without consideration;


Town of Greater Napanee 2 Sale of Land By-law

(h) "surplus land" shall mean any real property of the inunicipality declared surplus under this or a predecessor by-law.

Declaration of Surplus Land

3. Prior to the sale of any real property owned by the municipality, Council shall, by by-law or resolution passed at a meeting open to the public, declare the real property to be surplus to the needs of the municipality.

Procedure for Sale of Surplus Land

Appraisal 4. Prior to the sale of any surplus land, the municipality shall obtain an appraisal of the fair

market value of the land from: (a) an independent qualified appraiser who shall be a registered member in good

standing of the Appraisal Institute of Canada, or (b) a real estate brokerage firm or an independent real estate agent, or (c) any other person deemed by thc inunicipality to be qualified for this purpose,

including a qualified land assessor in the Province of Ontario.

Notwithstanding the requirement of section 4 of this by-law, the municipality shall not be required to obtain a11 appraisal for any class of land or sale of land to any public body as follows: (a) land 0.3 metres or less in width acquired in connection with any planning matter; (b) highways, roads and road allowances; (c) land formerly used for railway branch lines if sold to an owner of land abutting the

former railway land; (d) land that does not have direct acccss to a highway if sold to the owner of land

abutting that land; (e) land repurchased by an owner in accordance with Section 42, of the Expropriations

Act, R.S.O. 1990, c. E.26, as amended; (f) land sold:

(i) for the purpose of a program to encourage small business pursuant to section 108 of the Municipal Act; or

(ii) as a grant pursuant to section 107 of the Municipal Act; (g) easements granted to public utilities or to telephone companies; (h) any municipality, including a metropolitan, regional or district municipality; (i) a local board as defined in the Municipal Act; (j) an authority under the Conservation Authorities Act, R.S.O. 1990, c. C.27; or (k) the Crown In Right of Ontario or of Canada and their agencies.

Notice 6. Prior to the sale of any surplus land, the municipality shall give notice to the public of the

Town's intention to sell the land in the manner prescribed by the Town's Notice By-law.


Tow11 of Greater Napanee 3 Sale of Land By-law

Method of Sale 7. Council shall determine the appropriate method of sale of all surplus land, including but not

limited to tender or quotations, the use of a real estate broker, unsolicited offers to purchase or alternate methods.

8. Council shall determine the sale price or reserve bid amount based on the appraisal of the surplus land and any costs associated with the proposed method of sale. Council reserves the right to adjust the sale price where, in the opinion of Council, it is in the best interests of the municipality to do so.

9. All tenders, quotations or offers shall be presented to Couiicil in closed session for deliberation unless Council direction has been given to staff to negotiate the sale within certain terms or an alternate method of sale approved by Council determines otherwise.

Classes of Property Exempt from Procedures

10. The Procedures for the Sale of Land, sections 4 to 10 of this by-law shall apply to all classes of land owned by the municipality, save and except: (a) land sold for the arrears of taxes under the tax sale provisions of the Municipal Act; (b) land sold under the Expropriations Act; (c) land sold or otherwise disposed of under an agreement for providing municipal

capital facilities pursuant to section 1 10 of the Municipal Act; and (d) land to be used for the establishment and carrying on of industries and of industrial

operations and incidental uses subject to section 106 of the MunicQal Act.

Ratification

11. Any sale of land by the municipality shall be ratified by a resolution of Council in open session authorizing the sale.

Certificate of Compliance

12. The Clerk may issue a certificate with respect to a sale of land by the nlunicipality verifying that to the best of his or her knowledge the requirements of this by-law which apply to the sale of land have been complied with.

13. The Clerk's Certificate of Compliance shall, when issued, be included in a deed or transfer of land and, unless a person to whom the land is sold has notice to the contrary, shall be deemed to be sufficient proof that section 1 1 has been complied with.

Proceeds of Sale of Land of Former Municipalities

14. The proceeds of the sale of comn~ercial and industrial land holdings of the former muilicipalities shall be allocated in accordance with the Order Made under Section 25.2 of


Town of Greater Napanee 4 Sale of L,and By-law

the Municipal Act to Implement the Proposal for the Restructuring of the County ofLennox and Addington and Its Constituent Municipalities dated January 7, 1997 by the Minister of Municipal Affairs and Housing, if applicable.

Real Property Register

15. The Clerk shall establish and maintain a public register listing and describing all real property owned or leased by the municipality and which should, to thc extent that it is reasonably possible, include the following information: (a) the assessment roll number of the real property; (b) a brief legal description of the real property; and (c) the municipal address of the real property, if available.

16. Notwithstanding the provisions of section 15 of this by-law, the Clerk is not required to list the following classes of real property in the public register: (a) lands 0.3 metres or less in width acquired in connection wit11 any planning matter; (b) all highways, roads and road allowances, whether or not opened, ~lnopened, closcd or

stopped up; (c) land formerly used for railway branch lines; (d) lands sold under an agreement for the providing of municipal capital facilities

pursuant to section 1 10 of the Municipal Act.

17. By-law No. 98- 15 is hereby repealed.

18. This by-law shall come into force and talte effect on the day it is finally passed.

Read a first and second time and finally passed this 17"' day of December 2007

Gordon Scherinerhorn, Mayor


The Corporation of the Town of Greater Napanee

Presented By: James Ward & Alex Adams

Date: February 2018

PROPOSAL FOR REAL ESTATE SERVICES

REAL ESTATE SERVICES

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munity & C

orporate Services - Sale of Surplus LandPage 40 of 64

BROKERAGE | BACKGROUND AND EXPERIENCE

85 First Avenue,

Kingston

Seller: Limestone District School Board

2.18 acres of development land

Former First Avenue Public School

40 Sir John A Macdonald Blvd,

Kingston

Seller: Queens University

8.1 acres of development land

Former Prison For Women

3891 Hwy 15,

Kingston

Seller: City of Kingston

7+ acres

Former depot which was surplus to

requirements

411 Wellington Street,

Kingston

Seller: Frontenac County Board of

Education

6.2 acres

Former J.E. Horton Public School

Rogers & Trainor is the contracted commercial real estate advisor and agent to the City of Kingston and is pleased to have worked on behalf of other local organizations including the Limestone District School Board, St. Lawrence College, the University Hospitals Kingston Foundation, and Queen’s University.

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munity & C


BROKERAGE | EXPERIENCE

Lakeside Ponds Phase 2,

Amherstview

Seller: 2024162 Ontario Ltd

65 acres of Draft Approved Subdivision,

with 354 lots

6974 County Rd 2,

Morven

Seller: Limestone District School Board

Former Morven Public School

1084 Sydenham Road,

Kingston

Purchaser: City of Kingston

Property was acquired as a requirement

for a future road extension

Property was purchased off market

546 Gardiners Road,

Kingston

Seller: City of Kingston

Property was surplus to the City’s

requirements

Between 2015 and 2018, we have transacted over 185 commercial sales with a total value of over $175 million and over 250 leases covering in excess of 600,000 SF.

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munity & C


PILOT PROJECT | GREATER NAPANEE & RTCR

PILOT PROJECT PARAMETERS

SALE OF SURPLUS PROPERTIES

• Commercial

• Industrial

• Development Land

ADDITIONAL SERVICES

PURCHASE OF LAND

• We would represent Greater Napanee with the purchase of properties.

• For example, we have assisted the City of Kingston with acquisitions related to highway improvements and their current airport expansion.

CONSULTANCY ADVICE

• We have assisted the City of Kingston in negotiations for Section 37 (Height & Density bonusing) agreements associated with development applications.

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munity & C


PILOT PROJECT | PROCESS

ESTABLISH

PROPERTIES

OPINION OF

VALUE

MARKETING

OFFER

NEGOTIATION

COORDINATE

LEGAL

Establish properties

to be included

through consultation

with Staff.

Prepare Opinions of

Value and review

with Staff.

Marketing properties

through MLS, Social

Media and Print

Advertising.

Oversee negotiation

of offers received. All

offers to include final

approval of CAO.

Coordinate with legal

representatives until

sale is completed.

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munity & C


BROKERAGE | MARKETING

For the sale of any properties we would focus on maximum market exposure to ensure that any potential purchaser is aware of the opportunity.

OUR MARKETING TOOLS INCLUDE:

WEBSITE BROCHURE:

Over 32,000 visits to www.rtcr.com over the last 12 months, our website is the main commercial real estate portal in the Kingston area.

Our in-house marketing expertise prepares high-quality marketing material for each property.

SIGNAGE:

With over 21 years in the Kingston region market we are the best locally-known commercial real estate brokerage brand. Where appropriate, we would utilize signage on

properties to increase exposure to the market.

MLS:

We would use the MLS system and its national portal realtor.ca for our listings. We are pleased to cooperate with other brokerages.

CO-OPERATION:

As a large independent brokerage we have established close working relationships with national brokerages such as CBRE, Colliers and JLL in addition to other local

brokerages. We are pleased to cooperate with all brokerages to achieve the best value for our clients.

ENGAGE TARGET MARKETING:

With our extensive network of contacts, we will target the property to existing clients who we are aware have requirement for similar properties and target businesses

who through our research we have determined that the property may be suitable to meet their requirements.

Com

munity & C


http://www.rtcr.com/

QUESTIONS | ?

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munity & C


1

Staff Report to Council --------------------------------------------------------------------------------------------------------------------- To: Mayor Isbester and Members of Council Date: March 12, 2019 Prepared by: Brandt Zätterberg, GM, Community & Corporate Services Presented by: Brandt Zätterberg, GM, Community & Corporate Services Re: Community & Corporate Services - Background Information for Cemeteries in Greater Napanee --------------------------------------------------------------------------------------------------------------------- Staff Recommendation: That Council receive for information the Community & Corporate Services - Background Information for Cemeteries in Greater Napanee report. ---------------------------------------------------------------------------------------------------------------------

Financial Implications: If a cemetery operator is unable to maintain a cemetery(s) the

Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33 requires “the local

municipality within whose geographic boundaries the land of the cemetery is located” to

assume responsibility.

Human Resources Implications: Staff at both Infrastructure Services and Community & Corporate Services receive complaints about cemeteries throughout the year (usually during summer and usually during peak grass growing times). If the municipality assumes control of one or more active cemeteries there will be staff resources consumed regarding management of investments, sales, burials, and maintenance. every two weeks. Communications Implications: The municipality will continue to field complaints from Interment Rights Holders. If an active cemetery(s) is unable to continue operations of a cemetery(s) the municipality should develop a communications plan (incl. but not limited to public meetings and correspondence with Interment Rights Holders). Accessibility Implications: None, at this time. Information Technology Implications: None, at this time.

Community & Corporate Services - Cemetery Background Information Page 47 of 64

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Energy Management Implications: None, at this time. Background Information: Data indicates a trend in North American markets. In 1970, 5.89% of funerals were through cremation. By 2009, the number was 68.4%. The GM interviewed (fall 2018) the CEO of a private cemetery company in central Ontario. In 2012, 60% of their funerals were traditional burials and 40% cremations. By 2018, the numbers had flipped to 60% cremations and 40% burials. In the fall of 2018, the GM developed a list of comparable cemeteries from the Canadian Charities Directorate website. The ten comparable non-profit cemetery operations sorted by trust fund include: Name Trust Revenue Expense

1. Perth Cemetery Co. 659,366 72,085 74,597 2. Innerkip Cemetery Co. 626,179 49,812 26,555 3. Ayr Cemetery Co. 624,219 48,259 67,786 4. St Thomas Cemetery Co. 573,515 195,032 213,405 5. Napanee Cemetery Co. 523,822 99,133 109,419 6. Glenwood Cemetery Co. 445,833 183,733 218,149 (Picton) 7. Orono Cemetery Co. 320,000 57,830 79,746 8. Rideauvale Cemetery Co. 280,944 35,971 30,877 (Osgoode) 9. Evergreen Cemetery Co. 266,058 18,703 13,764 (Delhi) 10. Kettleby Cemetery Co. 257,536 29,173 31,783 (Maple)

Between 2012 and 2017, Glenwood Cemetery Company received $60,000 per year from its municipality. In the same time-period, St Thomas Cemetery Company received an average $59,405 per year from its municipality. From 2012 to 2017, Glenwood received $187,912 in donations and St Thomas received $68,453. A cursory view of available financial shows non-profit cemeteries heavily reliant on municipal financial support and an active donor program.

The Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33 includes the following; relevant to this discussion:

ABANDONED CEMETERIES Applications for declaration 101.1 (1) A person set out in subsection (2) may apply to have a judge of the Superior Court of Justice declare a cemetery abandoned if the owner of the cemetery,

(a) cannot be found or is unknown; (b) is unable to maintain it; or (c) is not a licensed operator and there is no licensed operator for the

cemetery. 2006, c. 34, Sched. D, s. 68. Who can apply (2) The application may be made by,


3

(a) the Crown if the cemetery is on land that is situated in territory without municipal organization;

(b) the local municipality within whose geographic boundaries the land of the cemetery is located;

(c) the owner or operator of the cemetery; or (d) the registrar. 2006, c. 34, Sched. D, s. 68.

Notice of application (3) An applicant shall give notice of the application to the following persons or entities, but is not required to give the notice to the applicant:

1. The owner or operator of the cemetery. 2. The local municipality within whose geographic boundaries the land of the

cemetery is located, if there is one. 3. The Crown, if there is no local municipality within whose geographic

boundaries the land of the cemetery is located. 4. The registrar. 2006, c. 34, Sched. D, s. 68.

Maintenance (4) When an application is made to declare a cemetery abandoned, the local municipality within whose geographic boundaries the land of the cemetery is located or the Crown, if there is no such local municipality, shall be responsible for the maintenance of the cemetery until the application is disposed of. 2006, c. 34, Sched. D, s. 68. Costs of application (5) The costs of the application, including the cost of a survey of the land involved, are the responsibility of,

(a) the owner or operator of the cemetery if the owner or operator makes the application and a judge of the court does not declare the cemetery abandoned; or

(b) the local municipality within whose geographic boundaries the land of the cemetery is located or the Crown, if there is no such local municipality, in all other cases. 2006, c. 34, Sched. D, s. 68.

Observations: The Corporation of the Town of Greater Napanee is currently responsible for 36 abandoned cemeteries within its boundaries (nb. there are 65 known cemeteries within the boundaries of Greater Napanee) and regularly cuts grass at 15.

From the list of comparable cemeteries above, seven of the ten cemeteries operated with a deficit in 2016-17. Through the interview with the CEO of the private cemetery company, cited above, it is evident the traditional business model for cemeteries in Ontario is failing. There are 12 active cemeteries within the boundaries of Greater Napanee (including Deseronto Cemetery). Four of the active cemeteries are operated through association with local church organizations. Town staff currently assists one active non-secular cemetery with its annual reporting to BAO (Bereavement Authority of Ontario). Given the provisions in the Act, at any given time, the municipality could become responsible for one or all the 13 active cemeteries


4

in the municipality. The Town does not currently have the resources to manage the burial sector in the municipality. Communities throughout Ontario have developed cemetery business plans and cemetery master plans. Those plans include allocation of limited municipal resources and information on long-term planning processes utilizing best practices for financial management, land management, community engagement, and funeral sector outreach.


THE CORPORATION OF THE TOWN OF GREATER NAPANEE

BY-LAW NO. 2019-0021

A By-law to Regulate Open Air Burning within the Town of Greater Napanee

WHEREAS subsection 7.1 (1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, authorizes the council of a municipality to pass by-laws regulating the setting of open-air fires, including establishing the times during which open air fires may be set;

AND WHEREAS subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes the municipality to pass by-laws respecting the health, safety and well being of persons;

AND WHEREAS the regulation of open-air burning is important for the health, safety and well-being of the inhabitants of the municipality;

AND WHEREAS the Council of The Corporation of the Town of Greater Napanee deems it advisable to enact such a by-law;

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

PART 1 - INTERPRETATION

Definitions 1. In this By-law:

• “Adverse Effect” means impairment of the safety of any person and or damage to property;

• “Agricultural Fire” means an open-air fire where materials to be burned does not exceed 6 metres in height, 6 metres in width and 6 metres in length and where the open-air fire is set and maintained solely for the purposes of burning wood, tree limbs and branches;

• “Approved Device” means a container that is CSA/ULC approved or approved by the Fire Chief to contain an open-air fire;

• “Barbecue” means a portable or fixed device designed and intended solely for the cooking of food in the open air but does not include outdoor fireplaces or campfires.;

• “Balcony” means a platform projecting from a wall of a multiple dwelling, surrounded by a railing or balustrade;

• “Brush fire” means an open-air fire where the material to be burned does not exceed 3 metres in height, 3 metres in width and 3 metres in length

By-law No. 2019-0021 - To Regulate Open Air Burning within the Town of G... Page 51 of 64

Town of Greater Napanee

Open Air Burning By-law No. 2019-0021

Page 2 of 13

and where the open-air fire is set and maintained solely for the purposes of burning wood, tree limbs and branches;

• “Burn permit” means a permit that is issued in accordance with this By-law, authorizing an open-air fire;

• “By-law Enforcement Officer” means a person duly appointed by the Council of the Town of Greater Napanee to enforce by-laws;

• “Campfire” means an open-air fire that is set and maintained solely for the purpose of cooking food, providing warmth and/or recreational enjoyment;

• “Cooking device” means a non-combustible device designed for and used for the cooking of food;

• “Dangerous condition” means any condition as determined by the Fire Chief that increases the risk of the spread of a fire or is averse to public safety;

• “Farming business” means a farming business as defined in the Farm Registration and Farm Organizations Funding Act, S.O. 1993, as amended;

• “Fire Chief” means the Fire Chief of the Town of Greater Napanee and includes his or her duly authorized designate;

• “Flying/floating lanterns” means a combustible material warm air floating device which uses an open flame for floatation;

• “FPPA” means the Fire Protection and Prevention Act, S.O. 1997, c4, as amended, and the regulations enacted thereunder as amended from time to time, or any Act or Regulation enacted in substitution therefor;

• “Household waste” means combustible material such as plastics, paints, oils, solvents, rubber, insulation, batteries, acids, polystyrenes (Styrofoam), pressure treated or painted lumber, tires, upholstered furniture, synthetic fabrics, diapers and hazardous waste as defined in the Environmental Protection Act and all other similar and like materials;

• “Highway” means a common and public highway and includes any bridge, trestle, viaduct or other structure forming part of the highway and, except as otherwise provided, includes a portion of the highway;

• “Lot line” means any boundary of a lot or the vertical projection thereof;

• “Maintain” means to allow an open-air fire to continue to burn and “maintained” and “maintaining” have a corresponding meaning;

• “Material to be burned” means total volume of materials contained in the fire;

• “Municipality” means The Corporation of the Town of Greater Napanee or the geographic area of the Municipality of Greater Napanee as the context requires;

• “Non-approved Device” means a container that is not CSA/ULC approved to contain an open-air fire and can include but are not limited to drums, barrels, oil tanks, gas tanks, wheel rims;

• “Open air fire” means the burning of material such as untreated wood and wood fiber products like non-laminated paper and cardboard and boxboard, brush, tree branches / limbs and leaves where the flame is not




Page 3 of 13

wholly contained and included campfires, brush fires, and outdoor fireplaces, but does not include barbecues;

• “Outdoor fireplace” means a manufactured, non-combustible, enclosed container designed to hold a small fire for decorative purposes and includes, but is not limited to, a chiminea or fire bowl;

• “Partial Burn Ban” means a period of time which the Fire Chief declares open-air burning restricted to the use of campfires, outdoor fireplaces and cooking devices;

• “Person” means any individual, association, firm, partnership, corporation, agent or trustee and the heirs, executors, or other legal representatives of a person to whom the context can apply according to law;

• “Portable appliance” means an appliance that is used for the sole purpose of heating a material for construction purposes and is CSA and/or ULC approved;

• “Prohibited Materials” includes wet materials, household waste, rubber or rubber products, plastic or plastic products, and waste petroleum products and any material or materials which are prohibited by the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended;

• “Property” includes a building or structure or part of a building or structure, and includes the lands appurtenant thereto and all mobile homes, mobile buildings or mobile structures and vacant land;

• “Registered owner” includes the person who is shown as owner of a property in the records of the Land Registry Office, a trustee acting on behalf of the registered owner, the estate trustee of a registered owner, a person with a leasehold interest in the land and an authorized representative of a corporate registered owner;

• “Town” means the Town of Greater Napanee;

• “Total Burn Ban” means a period of time during which the Fire Chief declares a ban on any open air burning other than cooking devices.

Short Title 2. This By-law shall be known as the “Open Air Burning By-law”.

PART 2 - APPLICATION Application 3. This By-law applies within the geographic limits of the Town. Non-Application 4. This By-law does not apply to a person who sets a fire:

(a) In an incinerator operated in accordance with the Certificate of Approval issued pursuant to the Environmental Protection Act, R.S.O. 1990, c. E.19 and Regulations thereunder;




Page 4 of 13

(b) In a device which has been installed outside of a building which meets each of the following conditions: (i) the device is designed for and used as a source of heat or power

for the building or is designed for and used for a purpose ancillary to a manufacturing process;

(ii) the device is certified for use for a purpose described in paragraph 4(b)(i) by a recognized agency mandated in part for that purpose;

(iii) the certification of the device is produced upon request of a By-law Enforcement Officer or the Fire Chief; and

(iv) the device is in good working order.

Effect of Other Legislation 5. Nothing in this By-law shall be deemed to authorize any fire, burning or other act

that is in contravention of the Environmental Protection Act R.S.O. 1990, c.E.19, the Forest Fires Prevention Act, R.S.O. 1990, c.F.24, the Fire Protection and Prevention Act, S.O. 1997, c4, or other federal or provincial statute, or any Regulation made thereunder. In the event of any conflict between the provisions of the By-law and said Act or Acts or Regulations, the said Act or Acts or Regulations made thereunder shall govern. In the event of any conflict between the provisions of the By-law and any other municipal by-law, the provision that establishes the higher standard to protect the health, safety and welfare of the general public shall prevail.

Prohibition - Setting Fires 6. Except as provided in Section 4, no person shall set a fire in the Town unless the

fire is in accordance with this By-law. Training or Demonstration Fire 7. (a) For the purpose of the By-law, a training or demonstration fire is a fire

which is set in the Town for the purpose of demonstrating fire fighting equipment or as a training exercise.

(b) The Fire Chief is authorized to give written consent for the setting of a demonstration or training fire. Permitted Fires 8. For the purposes of this By-law, a permitted fire is a fire that complies with all regulations and conditions of the permit issued for the type of open-air permit requested under this by-law. And where a permit is not required, all other conditions or regulations which apply thereto.




Page 5 of 13

PART 3 - GENERAL PROHIBITIONS - PERMITTED FIRES

General Prohibitions 9. (a) No person shall set or maintain an open-air fire without first having

obtained the necessary permit from the Fire Chief. (b) No person shall set or maintain any open-air fire not in compliance with

issued permit; (c) No person shall set or maintain a fire in a burn barrel or other non-

approved device; (d) No person shall burn prohibited materials in an open-air fire; (e) No person shall use a flying/floating lantern as defined; (f) No person shall set or maintain any open-air fires other than a permitted

campfire as defined and the use of cooking devices as defined, when a partial burn ban on open-air fires has been issued by the Fire Chief;

(g) No person shall set or maintain any open-air fire other than the use of cooking devices as defined, when a total burn ban on open-air fires has been issued by the Fire Chief.

Consent of a Registered Owner 10. No person shall set or maintain a permitted fire on any property in the Town

unless: (a) The person setting or maintaining the fire is the registered owner or their

authorized designate of the property on which the fire is set; (b) The person setting or maintaining the fire has the written consent of at least one registered owner of the property on which the fire is set. Prohibited Conditions 12. No person shall set or maintain a permitted fire in the Town in a location or in

conditions likely to cause or result in: (a) A decrease in visibility on any highway from smoke; (b) Inconvenience or irritation to others from smoke or fumes; (c) The spread of the fire due to the proximity of any combustible materials; (d) Wind speed does not exceed 30 kph.




Page 6 of 13

PART 4 - PROHIBITIONS - SPECIFIC TYPES OF PERMITTED FIRES Campfire 13. No person shall set or maintain a campfire unless they ensure all of the following

conditions are met: (a) The campfire is contained within an area of non-combustible metal,

masonry, ceramic or stone or is contained within a pit in the ground; (b) The material burned in the campfire is clean dry wood in a single pile that

is less than 60 centimetres in height, width and length; (c) The campfire is located a distance of not less than four (4) metres from

any building, hedge, fence, overhead wiring or other combustible material or lot line;

(d) The person tending the campfire has tools or water adequate to contain the fire within the campfire area;

(e) The fire is not set or maintained except during the time frame set out on the issued burn permit.

Fire in a Outdoor Fireplace 14. No person shall set or maintain a fire in an outdoor fireplace unless they ensure

all of the following conditions are met: (a) The outdoor fireplace is not located on a balcony

(b) The outdoor fireplace is not located on any combustible surface; (c) The outdoor fireplace is in good working order. (d) The outdoor fireplace is located a distance of not less than four (4) metres from any building, hedge, fence, overhead wiring or other combustible material or lot line; (e) The person burns only clean dry wood or commercial charcoal in the outdoor fireplace; (f) The fire is not set or maintained except during the time frame set out on the issued burn permit. Brush Fire 15. No person shall set or maintain a brush fire unless they ensure all of the

following conditions are met: (a) The fire is set and maintained at a distance of no less than thirty (30)

metres, or such greater distance as may be specified in the burn permit, from any building, hedge, fence, overhead wire or other combustible material, or lot line;

(b) The pile of materials to be burned in the fire do not exceed three (3) metres in length, three (3) metres in width, and three (3) metres in height; (c) They have the necessary means immediately available at the site of the fire to permit them to extinguish the fire, to limit its spread, and if necessary, to summon the Town’s Emergency Services Department;




Page 7 of 13

(d) The fire is not set or maintained except during the time frame set out on the issued burn permit. Agricultural Fire

16. No person shall set or maintain an agricultural fire unless they ensure all of the following conditions are met: (a) The fire is set and maintained at a distance of no less than thirty (90)

metres, or such greater distance as may be specified in the burn permit, from any building, hedge, fence, overhead wire or other combustible material, or lot line;

(b) The materials to be burned in the fire do not exceed six (6) metres in length, six (6) metres in width and six (6) metres in height; (c) The person setting the fire has the necessary means immediately available at the site of the fire to permit them to extinguish the fire, to limit its spread, and if necessary, summon the Town’s Emergency Services Department; (d) The fire is not set or maintained except during the time frame set out on the issued burn permit.

Specific Event

17. A community not-for-profit organization, school, religious institution or a resident may apply in writing to the Fire Chief for a specific event permit to conduct open air fires or the setting off of fireworks for cultural, religious or recreational specific events and if they ensure all of the following conditions are met:

(a) All conditions as set out on the permit are followed; (b) The person or organization issued the permit has the necessary means immediately available at the site of the permit to extinguish the fire or any, to limit its spread and if necessary, summon the Town’s Emergency Services Department; (c) Permit issued is valid only for the time(s) and day(s) set out on the issued

specific event permit. Campgrounds 18. Approved campgrounds may apply for a campfire/outdoor fireplace open-air permit if they ensure all of the following conditions are met: (a) All conditions as set out on the permit are followed; (b) The owner/operator/supervisor shall be responsible for regulation, monitoring and enforcement of campfire/outdoor fireplaces within the campgrounds; (c) The following are approved and recognized campgrounds; Adolphustown Park 45 Park Road Ashton Park 5893 County Road 9 Bass Cove Park 5558 County Road 8




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Bayview Resort 5067 County Road 9 Mohawk Bay Park 9698 County Road 2 Pickerel Park 665 South Shore Road Perfect Vue Resort 4159 County Road 9 Fire in a Cooking Device 19. No person shall set or maintain a fire in a cooking device unless they ensure all

of the following conditions are met: (a) The cooking device:

(i) is not located on a balcony; (ii) is located at least one (1) metre from any building or structure; and (iii) is in good working order;

(b) The person burns only commercial charcoal, compressed gas or wood in the cooking device, as is appropriate for that cooking device.

Heating During Construction 20. No person may set or maintain a fire in a portable appliance during a

construction or maintenance process unless they ensure all of the following conditions are met:

(a) The portable appliance is designed for that purpose; (b) The portable appliance is only used for that purpose; (c) The portable appliance is used in accordance with manufacturer’s instructions; (d) The portable appliance is in good working order.

PART 5 - BURN PERMITS Request for Burn Permit 21. (a) Any person eighteen (18) years of age or older may apply for an open-air

fire permit to the Fire Chief prior to the proposed date of any open air burning;

(b) The applicant for a burn permit shall provide all of the information and such other documentation or materials as may be requested by Greater Napanee Emergency Services prior to obtaining the burn permit. Issuing a Burn Permit 22. (a) The Fire Chief shall review the request for a burn permit and the

documentation or materials filed with the request and shall: (i) approve the request and issue the burn permit to the applicant; (ii) conditionally approve the request subject to such restrictions,

regulations or conditions as the Fire Chief in his or her sole




Page 9 of 13

discretion considers advisable; or (iii) refuse to approve the request.

(b) Where the Fire Chief refuses to approve a request for an open-air burn permit, the Fire Chief shall advise the applicant that the request has been refused.

Burn Permit 23. (a) Any permit issued under this by-law is personal to the permit holder and

shall not be transferred or assigned. (b) A permit shall be valid only for the period of time for which it was issued and shall expire on the date or in the manner specified in the burn permit. (d) Any fees for open-air and specific event permits shall be in accordance with Schedule “A” Permit Holder 24. No person holding a burn permit or specific event permit shall set or maintain a

fire under the authority of said permit, except in accordance with the terms and conditions said permit and this by-law.

Revocation of Permit 25. The Fire Chief may, at any time, in their sole discretion, revoke any burn permit,

with no refund of any fees paid by the permit holder if the Fire Chief reasonably believes that:

(a) Any of the information provided with the request or supporting documentation or materials are not accurate;

(b) A term or condition of the burn permit is not being observed;




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PART 6 - ENFORCEMENT AND RECOVERY OF COSTS Enforcement 26. No person shall obstruct, hinder or in any way interfere with any person

designated to enforce this By-law. Right of Entry 27. Upon producing proper identification, a By-law Enforcement Officer or the Fire

Chief may, at all reasonable times enter upon and inspect any property to determine if there is a contravention of this by-law and to enforce or carry into effect the by-law.

Extinguishing Any Fire 28. (a) The Fire Chief may direct a person to extinguish any fire where in their

opinion, there is a contravention of this by-law. (b) Where the action taken by such person in extinguishing any such fire pursuant to 28(a) is, in the opinion of the Fire Chief not adequate, the Fire Chief may take such action as he or she considers necessary to control and extinguish the fire. Cost of Action Regarding Fire 29. Any costs and expenses of any action by the Town with respect to controlling or extinguishing a fire that is caused by, or results from, the conduct of a person

acting contrary to this by-law, or is caused by or results from a person disobeying or refusing or neglecting to carry out any of the provisions of this by-law, will be assessed in accordance with the Town’s current Fees or Charges for Services Provided By-law and are payable by that person to the Town on the date specified in the request for payment and if not paid on the date specified, such costs and expenses together with costs of collection, including legal fees and disbursements, are recoverable as a debt due to the Town by any remedy or

procedure available to the Town by law and may be recovered in a like manner as taxes.

Civil Action 30. Nothing in this by-law affects or shall be held to limit or interfere with the right of

any person to bring and maintain a civil action for damages occasioned by fire. Offence 31. Every person who contravenes any of the provisions of this By-law is guilty of an

offence and upon conviction is liable to a fine as provided in the Provincial Offences Act, R.S.O. 1990, c. P.33 as amended and as listed in Schedule “B”.




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PART 7 – DELEGATION OF AUTHORITY

Administration 32. The Fire Chief shall be responsible for the administration of this by-law. Persons

who are employed or appointed as By-law Enforcement Officers and Fire Chief for the Town are all deemed appointed and entitled to enforce the provisions of this by-law.

Severability 33. Should a court of competent jurisdiction declare a part or whole of any provision

of this by-law to be invalid or of no force and effect, the provision or part shall be is deemed severable from this by-law and it is the intention of Council that the remainder of the

by-law survive and be applied and enforced in accordance with its terms to the extent possible under law.

Repeal 34. The Town of Greater Napanee By-law No. 2013-0038 is hereby repealed. Effective 35. This By-law shall come into force and take effect upon final passage by the

Council of The Corporation of the Town of Greater Napanee. ‘ Read a first and second time and finally passed this 12th day of March, 2019.

____________________________ Marg, Isbester, Mayor ____________________________ Susan Beckel, Clerk




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The Corporation of the Town of Greater Napanee By-law No. 2019-0021

Schedule “A”

Fees for Permits:

Campfire/Outdoor Fireplace Open-Air Burning Permit $ 00.00

Brush Fire Open-Air Burning Permit $ 00.00 Agricultural Open-Air Burning Permit $ 00.00 Campground Campfire/Outdoor Fireplace Open-Air Burning Permit $ 00.00 Specific Event Permit $ 00.00




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The Corporation of the Town of Greater Napanee By-law No. 2019-0021

Schedule “B”

Chargeable Offences:

Offence Section Fine

Set or maintain open air fire without a permit. S. 9(a) $150

Set or maintain open air fire not in compliance with issued permit.

S. 9(b) $150

Set or maintain open air fire in a burn barrel or other non-approved device.

S. 9(c) $150

Burn prohibited materials in an open-air fire. S. 9(d) $150

Use a flying/floating lantern S. 9(e) $150

Set or maintain open air fire when a partial burn ban issued by Fire Chief

S. 9(f) $200

Set or maintain open air fire when a total burn ban issued by Fire Chief

S. 9(g) $200


The Corporation of the Town of Greater Napanee

By-law No. 2019-0022

A By-Law to Confirm the Proceedings of the Council of The Corporation of the

Town of Greater Napanee at the Regular Council Meeting Held March 12, 2019

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

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

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

NOW THEREFORE the Council of The Corporation of the Town of Greater Napanee enacts as follows: 1. That the actions of the Council of The Corporation of the Town of Greater Napanee,

at a Regular Council Meeting held on March 12, 2019 at 7:00 p.m., in respect of each motion and resolution passed and other actions taken by the Council of the Town of Greater Napanee at this meeting, are hereby adopted and confirmed, as if all such proceedings were expressly embodied in this by-law.

2. That the proper officials of the Town of Greater Napanee are hereby authorized and

directed to do all things necessary to give effect to the actions of the Council of The Corporation of the Town of Greater Napanee, referred to in the preceding section.

3. That the Mayor, or in the absence of the Mayor, the Deputy Mayor and the Clerk, or

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

4. That this by-law shall come into force and take effect on the date it is finally passed. Read a first and second time and finally passed this 12th day of March 2019. ____________________________ _________________________ Mayor, Marg Isbester Susan Beckel, Clerk

A By-law to Confirm the Proceedings of the Council of the Corporation of... Page 64 of 64

Documents

Regular Session Council - 12 Mar 2019