AGENDA UNITED COUNTIES OF STORMONT, DUNDAS & GLENGARRY Suite Pitt St Cornwall ON Monday, August 21, :00 AM

Transcription

1 AGENDA UNITED COUNTIES OF STORMONT, DUNDAS & GLENGARRY Suite Pitt St Cornwall ON Monday, August 21, :00 AM Page Link to Strategic Priorities (if any) 1. Call Meeting to Order by Resolution 2. Adoption of Agenda a) Additions, Deletions or Amendments All matters listed under Consent Agenda, are considered to be routine and will be enacted by one motion. Should a Council member wish an alternative action from the proposed recommendation, the Council member shall request that this matter be moved to the appropriate section at this time. 3. Disclosure of Pecuniary Interest and General Nature Thereof 4. Adoption of Minutes a) July 17, Delegations 6. Action Requests a) Corporate Services i. EOWC request for support - Definition of 'Rural' Action Request CAO ii. Appointment to SDG Library Board Report to be handed out day of meeting b) Financial Services c) Transportation and Planning i. Authorization to Use County Right of Way for Page 1 of 101

2 Municipal Commuter Cycling Projects Action Request TPS d) County Library 7. Tenders and Quotations a) Martintown Reconstruction Action Request TPS By-laws a) Procedure By-law No Action Request CS b) Driveway By-law Action Request TPS c) Finalize Surplus Land Sale Action Request TPS Consent Agenda a) Correspondence-Indigenous and Northern Affairs Canada - Tsikaristisere/Dundee Claim Action Recommended: That Council receive and file for information purposes. b) Correspondence -S. Jones, MPP, Dufferin-Caledon Bill 141-Sewage Bypass Reporting Act, 2017 Action Recommended: That Council receive and file for information purposes. c) Correspondence-Upper Canada District School Board Action Recommended: That Council receive and file for information purposes. d) Correspondence SDG Highlanders Regimental Foundation Action Recommended: That Council receive and file for information purposes Boards and Committees a) Council Representatives Joint Liaison Committee Jim Bancroft/Jamie Page 2 of 101

3 MacDonald/Ian McLeod/Eric Duncan Library Board Jim Bancroft/Evonne Delegarde/Frank Prevost/Bill McGimpsey Police Services Board Dennis Fife/Chris McDonell Eastern Ontario Health Unit Gerry Boyce/Ian McLeod Glen Stor Dun Lodge Dennis Fife/Frank Prevost Cornwall and Area Housing Jim Locke/Tammy Hart St. Lawrence River Institute Jamie MacDonald Raisin-South Nation Source Water Protection Chris McDonell Municipal Advisory, Algonquin Land Claim Jim Bancroft 11. Key Information a) CORPORATE SERVICES - Committee of the Whole Meeting b) TRANSPORTATION AND PLANNING - Forest Promotion and Naming c) TRANSPORTATION AND PLANNING - Official Plan Driveway Spacing Clauses d) TRANSPORTATION AND PLANNING - Property Acquisition SDG 2 Long Sault e) TRANSPORTATION AND PLANNING - Roadside Mowing Motions and Notices of Motions 13. Petitions 14. Miscellaneous Business 15. Unfinished Business Summary 16. Closed Session a) Pursuant to Section 239 (2) (b) and (e), of The Municipal Act, 2001, personal matters about an identifiable individual, including municipal or local board employee, and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Page 3 of 101

4 17. Ratification By-law a) By-law No Adjournment by Resolution Page 4 of 101

5 July 17, 2017 MINUTES A meeting of the Council of the Corporation of the United Counties of Stormont, Dundas and Glengarry was held in Council Chambers at 9:00 a.m., July 17, 2017 with Warden Bancroft in the Chair. Present: Warden: Bancroft Councillors: Boyce, Delegarde, Duncan, Fife, Hart, Locke MacDonald, McDonell, McGimpsey, McLeod, Prevost CAO: Simpson Clerk: Thomson 1. Call Meeting to Order by Resolution Resolution No Moved by Councillor McDonell Seconded by Councillor Delegarde THAT the meeting of the Council of the United Counties of Stormont, Dundas and Glengarry be hereby called to order. CARRIED 2. Adoption of Agenda Resolution No THAT Council approve the agenda as amended. CARRIED Moved by Councillor McGimpsey Seconded by Councillor Boyce Action Request, Corporate Services, on Asset Management was added to the agenda. 3. Disclosure of Pecuniary Interest and General Nature Thereof Councillor Prevost declared a pecuniary interest in Item No. 6 c) ii) Sale of Surplus Land as he was involved in the sale of the said property and did not participate in the discussion of the item. 4. Adoption of Minutes Resolution No Moved by Councillor Boyce Seconded by Councillor Delegarde THAT the minutes of the Regular Meeting and Public Meeting, of the Council of the United Counties of Stormont, Dundas and Glengarry, held June 19, 2017 be adopted as circulated. CARRIED Page 5 of 101

6 July 17, 2017 Resolution No Moved by Councillor Boyce Seconded by Councillor MacDonald THAT the minutes of the meeting, including the In Camera minutes, of the Council of the United Counties of Stormont, Dundas and Glengarry, held June 29, 2017 be adopted as circulated. CARRIED 5. Delegations Evonne Robert, AMCTO, presented the E. A. Danby Certificate of Merit to the County in recognition of the development of web-based data management tool that provides users the ability to visually locate identified tourism signs or request new signs on a real-time map. 6. Action Requests a) Corporate Services Resolution No Moved by Councillor MacDonald Seconded by Councillor McDonell WHEREAS VIA Rail has submitted a High-Frequency Train proposal to the Government of Canada for the Windsor-Québec Corridor, the busiest in Canada; WHEREAS this project aims to improve the quality, frequency and reliability of passenger rail services and will have a direct effect on the viability of Via Rail by attracting more customers while stimulating economic growth; WHEREAS the VIA Rail project allows more options for connections with other modes of transportation such as light rail and local railways; WHEREAS the VIA Rail project provides access to the city centers of the railway network, which maximizes its relevance, efficiency and use; WHEREAS the VIA Rail project increases connections with smaller communities and increases intercity transit, and increases services on existing lines; WHEREAS this project requires a significant financial contribution from the Government of Canada but also from private sector investments; WHEREAS this project allows an increase in intercity passenger services, which will lead to a significant reduction in greenhouse gas emissions from the transportation sector, thereby effectively supporting the Government of Canada's environmental objectives and directions following the signing of the Paris Protocol; Page 6 of 101

7 July 17, 2017 WHEREAS the VIA Rail Project is consistent with the Government of Canada's priorities for public transit infrastructure; BE IT RESOLVED THAT the United Counties of Stormont, Dundas and Glengarry: 1. Support VIA Rail s High-Frequency Train project; 2. Call upon the Government of Canada to provide financial support for Via Rail's High-Frequency Train project; 3. Request the Government of Ontario to include VIA Rail's proposed High- Frequency Train project in the list of priority infrastructure projects for Ontario; 4. Call on the governments of Canada and Ontario to ensure that the High- Frequency Train projects of Via Rail are carried out in a way that enables the user to have direct and fast access to railway stations and hubs in communities across rural Eastern Ontario. CARRIED Resolution No Moved by Councillor Duncan Seconded by Councillor MacDonald WHEREAS municipalities are a responsible, mature order of government in Ontario; AND WHEREAS the United Counties of Stormont, Dundas and Glengarry, promotes, supports and encourages strong and effective rural and norther rural governments; AND WHEREAS the United Counties of Stormont, Dundas and Gelngarry supports the responsible and fiscally accountable development of municipal Asset Management Plans; AND WHEREAS the Province of Ontario through the Ministry of Economic Development, Employment and Infrastructure has developed a proposed Municipal Asset Management Planning Regulation; AND WHEREAS the proposed Municipal Asset Management Planning Regulation has been posted on the Environmental Registry as ; AND WHEREAS the United Counties of Stormont, Dundas and Glengarry has reviewed the proposed Municipal Asset Management Planning Regulation; Page 7 of 101

8 July 17, 2017 AND WHEREAS the United Counties of Stormont, Dundas and Glengarry has reviewed the submission on the proposed Municipal Asset Management Planning Regulation submitted by the Rural Ontario Municipal Association; NOW THEREFORE Be It Resolved that the United Counties of Stormont, Dundas and Glengarry agrees that the proposed Municipal Asset Management Planning Regulation: 1. Is overly prescriptive; 2. Does not reflect the principle that municipalities are responsible, mature governments; 3. Incrementally increases engineering costs for municipalities at a time when the demand for engineering firms and expertise may exceed the availability; 4. Will create a resource and fiscal strain on our municipality and others, more specifically the small rural and northern rural communities that have limited staffing capacity, being the most vulnerable and sensitive to an increasingly burdensome regulatory environment; AND FURTHER Be It Resolved that copies of this Motion be sent to the Minister of Infrastructure, AMO and our local MPPs. CARRIED b) Financial Services c) Transportation and Planning Resolution No Moved by Councillor McDonell Seconded by Councillor Boyce THAT the Council of the United Counties of Stormont, Dundas and Glengarry support the funding application to the Federation of Canadian Municipalities (FCM) to assist the SDG Regional Stormwater Working Group. CARRIED Resolution No Moved by Councillor McGimpsey Seconded by Councillor Delegarde THAT Council of the United Counties of Stormont, Dundas and Glengarry declare the encroached portion at and 18388, County Road 2 as shown on the attached drawing, as surplus to County needs; THAT Council of the United Counties of Stormont, Dundas and Glengarry declare the encroached portion at SDG as shown on the attached drawing as surplus to County needs; Page 8 of 101

9 July 17, 2017 AND THAT Article 5 of Policy No. 1-14, Sale and Disposition of Surplus Land, is hereby waived due to exceptional circumstances; AND THAT the surplus properties be sold to the landowner of 18386,18388 and 18390, County Road 2 at the appraised fair market value; AND THAT notice to the public of the proposed sale shall be posted on the County s website only. AND THAT Council approve a 0 meter setback from the revised right-of-way for the construction of new structures. CARRIED d) County Library 7. Tenders and Quotations Resolution No Moved by Councillor MacDonald Seconded by Councillor Duncan THAT Council authorize the quotation from Scherer Gardening in the amount of $18,725 plus HST to complete the soft plantings and related work at the County Administration Building; AND THAT funds to be taken from the building reserve to cover the cost. CARRIED Resolution No Moved by Councillor Duncan Seconded by Councillor Fife THAT Council of the United Counties of Stormont accept the tender from Clearwater Structures for the comprehensive rehabilitation of the Berwick Bridge at their unit prices totaling $549, plus H.S.T., and authorize the Director of Transportation and Planning Services to sign all necessary documents to give effect to the contract. DEFEATED Resolution No Moved by Councillor Fife Seconded by Councillor McDonell THAT Council of the United Counties of Stormont, Dundas and Glengarry accept the tender from Capital Sewer Services Inc. for the Berwick Storm Sewer Lining for $196, plus HST and authorize the Director of Transportation and Planning Services to sign all necessary documents to give effect to the contract. CARRIED Page 9 of 101

10 July 17, 2017 Resolution No Moved by Councillor Delegarde Seconded by Councillor McGimpsey THAT Council of the United Counties of Stormont, Dundas and Glengarry accept the tender from Clean Water Works Inc. for Culvert Lining for $292, plus HST and authorize the Director of Transportation and Planning Services to sign all necessary documents to give effect to the contract. CARRIED Resolution No Moved by Councillor Hart Seconded by Councillor Fife THAT Council of the United Counties of Stormont, Dundas and Glengarry accept the tender from Cornwall Gravel Construction Ltd. for the hot mix paving work on County Road 1 and County Road 4 for their unit prices totaling $1,952, plus HST and authorize the Director of Transportation and Planning to sign all necessary documents to give effect to the contract. AND THAT the budget shortfalls for the work be offset from the Hot Mix resurfacing surplus. CARRIED Resolution No Moved by Councillor McDonell Seconded by Councillor McGimpsey THAT Council of the United Counties of Stormont, Dundas and Glengarry accept the tender from Cornwall Gravel Construction Ltd. for the construction of two roundabouts and the rehabilitation of SDG 2 in Long Sault at their unit prices totaling $2,199, plus H.S.T., and authorize the Director of Transportation and Planning Services to sign all necessary documents to give effect to the contract. CARRIED 8. By-laws Resolution No Moved by Councillor Fife Seconded by Councillor Hart That By-law No. 5117, being a By-law to authorize an agreement between the United Counties of Stormont, Dundas and Glengarry and Parmalat Canada Inc., be read and passed in Open Council, signed and sealed. CARRIED Page 10 of 101

11 July 17, 2017 Resolution No Moved by Councillor McGimpsey Seconded by Councillor McDonell THAT By-law No. 5118, relating to the purchase of PT BLK D PL 260 PT 3, 6, 7 52R1426; S/T INTEREST IN S213938; ST S180930; SOUTH STORMONT, being all of PIN (the Lands ), be read and passed in Open Council, signed and sealed. CARRIED Resolution No Moved by Councillor Boyce Seconded by Councillor Delegarde THAT By-law No. 5119, being a By-law to adopt the County Official Plan, be read and passed in Open Council, signed and sealed. CARRIED 9. Consent Agenda Resolution No Moved by Councillor Boyce Seconded by Councillor MacDonald THAT all items listed under the Consent Agenda section of the Agenda be approved as recommended. CARRIED 10. Boards and Committees Various members of Council provided updates on Committee activities. 11. Key Information Information was provided on a revised draft procedural by-law, reflecting changes due to Bill 68; Economic Development and Communications update; information on renewal of Teranet Agreement, draft entrance by-law and Bainsville Bay Severances. Resolution No Moved by Councillor McLeod Seconded by Councillor Prevost THAT Consent Application B Melvin Gardner, be approved subject to the following conditions: 1. A $ Review Fee must be paid to the Township of South Glengarry prior to final approval for each application. 2. A $1, Parkland Fee must be paid to the Township of South Glengarry prior to final approval for each application. Page 11 of 101

12 July 17, The applicant must apply for and receive approval for a Minor Variance to reduce the minimum lot frontage from 40 meters to 38.1 meters. Alternatively, if possible, the applicant shall adjust the proposed lot lines to meet the minimum lot frontage. 4. The applicant shall enter into a Development Agreement with the Township of South Glengarry that shall include the following but not be limited to: a. That future development does not interfere with the natural hazards and shall protect existing wetlands. Protective measures will be required to mitigate flooding, erosion and unstable soils (organic soils). b. The recommendations from BluMetric Environmental Inc. dated October 16, 2015 as a result of a peer review performed by South Nation Conservation of the Hydrogeological Assessment for Fernwood Drive Development by WESA a BluMetric Environmental Inc. dated February c. That an advisement of the elevated sodium conditions be registered on title so that prospective purchasers are aware of the water quality and suitable decisions on possible treatment can be made. 5. That the County be provided with a description of the land to be conveyed that is consistent with the application and sufficient and equal to that required for the registration of a deed or other conveyance of land under the provisions of the Registry Act. Three (3) copies of the new deed for the severed parcel are to be provided to the County for the issuance of the certificate, and the stamping fee of $ must accompany the deeds. Upon providing a paper copy of the Deposited Reference Plan, a digital copy, which can be ed, in a PDF or TIF format must also be submitted. CARRIED Resolution No Moved by Councillor McLeod Seconded by Councillor Prevost THAT Consent Application B Melvin Gardner, be approved subject to the following conditions: 1. A $ Review Fee must be paid to the Township of South Glengarry prior to final approval for each application. 2. A $1, Parkland Fee must be paid to the Township of South Glengarry prior to final approval for each application. 3. The applicant must apply for and receive approval for a Minor Variance to reduce the minimum lot frontage from 40 meters to 38.1 meters. Alternatively, Page 12 of 101

13 July 17, 2017 if possible, the applicant shall adjust the proposed lot lines to meet the minimum lot frontage. 4. The applicant shall enter into a Development Agreement with the Township of South Glengarry that shall include the following but not be limited to: a. That future development does not interfere with the natural hazards and shall protect existing wetlands. Protective measures will be required to mitigate flooding, erosion and unstable soils (organic soils). b. The recommendations from BluMetric Environmental Inc. dated October 16, 2015 as a result of a peer review performed by South Nation Conservation of the Hydrogeological Assessment for Fernwood Drive Development by WESA a BluMetric Environmental Inc. dated February c. That an advisement of the elevated sodium conditions be registered on title so that prospective purchasers are aware of the water quality and suitable decisions on possible treatment can be made. 5. That the County be provided with a description of the land to be conveyed that is consistent with the application and sufficient and equal to that required for the registration of a deed or other conveyance of land under the provisions of the Registry Act. Three (3) copies of the new deed for the severed parcel are to be provided to the County for the issuance of the certificate, and the stamping fee of $ must accompany the deeds. Upon providing a paper copy of the Deposited Reference Plan, a digital copy, which can be ed, in a PDF or TIF format must also be submitted. CARRIED Resolution No Moved by Councillor McLeod Seconded by Councillor Prevost THAT Consent Application B Charles Sangster, be approved subject to the following conditions: 1. A $ Review Fee must be paid to the Township of South Glengarry prior to final approval for each application. 2. A $1, Parkland Fee must be paid to the Township of South Glengarry prior to final approval for each application. 3. The applicant shall enter into a Development Agreement with the Township of South Glengarry that shall include the following but not be limited to: Page 13 of 101

14 July 17, 2017 a. That future development does not interfere with the natural hazards and shall protect existing wetlands. Protective measures will be required to mitigate flooding, erosion and unstable soils (organic soils). b. The recommendations from BluMetric Environmental Inc. dated October 16, 2015 as a result of a peer review performed by South Nation Conservation of the Hydrogeological Assessment for Fernwood Drive Development by WESA a BluMetric Environmental Inc. dated February c. That an advisement of the elevated sodium conditions be registered on title so that prospective purchasers are aware of the water quality and suitable decisions on possible treatment can be made. 4. That the County be provided with a description of the land to be conveyed that is consistent with the application and sufficient and equal to that required for the registration of a deed or other conveyance of land under the provisions of the Registry Act. Three (3) copies of the new deed for the severed parcel are to be provided to the County for the issuance of the certificate, and the stamping fee of $ must accompany the deeds. Upon providing a paper copy of the Deposited Reference Plan, a digital copy, which can be ed, in a PDF or TIF format must also be submitted. CARRIED Resolution No Moved by Councillor McLeod Seconded by Councillor Prevost THAT Consent Application B Charles Sangster, be approved with the following conditions: 1. A $ Review Fee must be paid to the Township of South Glengarry prior to final approval for each application. 2. A $1, Parkland Fee must be paid to the Township of South Glengarry prior to final approval for each application. 3. The applicant shall enter into a Development Agreement with the Township of South Glengarry that shall include the following but not be limited to: a. That future development does not interfere with the natural hazards and shall protect existing wetlands. Protective measures will be required to mitigate flooding, erosion and unstable soils (organic soils). Page 14 of 101

15 July 17, 2017 b. The recommendations from BluMetric Environmental Inc. dated October 16, 2015 as a result of a peer review performed by South Nation Conservation of the Hydrogeological Assessment for Fernwood Drive Development by WESA a BluMetric Environmental Inc. dated February c. That an advisement of the elevated sodium conditions be registered on title so that prospective purchasers are aware of the water quality and suitable decisions on possible treatment can be made. 4. That the County be provided with a description of the land to be conveyed that is consistent with the application and sufficient and equal to that required for the registration of a deed or other conveyance of land under the provisions of the Registry Act. Three (3) copies of the new deed for the severed parcel are to be provided to the County for the issuance of the certificate, and the stamping fee of $ must accompany the deeds. Upon providing a paper copy of the Deposited Reference Plan, a digital copy, which can be ed, in a PDF or TIF format must also be submitted. CARRIED Resolution No Moved by Councillor McLeod Seconded by Councillor Prevost THAT Consent Application B R & D Laframboise Holdings Inc. be approved subject to the following conditions: 1. A $ Review Fee must be paid to the Township of South Glengarry prior to final approval for each application. 2. A $1, Parkland Fee must be paid to the Township of South Glengarry prior to final approval for each application. 3. The applicant shall enter into a Development Agreement with the Township of South Glengarry that shall include the following but not be limited to: a. That future development does not interfere with the natural hazards and shall protect existing wetlands. Protective measures will be required to mitigate flooding, erosion and unstable soils (organic soils). b. The recommendations from BluMetric Environmental Inc. dated October 16, 2015 as a result of a peer review performed by South Nation Conservation of the Hydrogeological Assessment for Fernwood Drive Development by WESA a BluMetric Environmental Inc. dated February Page 15 of 101

16 July 17, 2017 c. That an advisement of the elevated sodium conditions be registered on title so that prospective purchasers are aware of the water quality and suitable decisions on possible treatment can be made. 4. That the County be provided with a description of the land to be conveyed that is consistent with the application and sufficient and equal to that required for the registration of a deed or other conveyance of land under the provisions of the Registry Act. Three (3) copies of the new deed for the severed parcel are to be provided to the County for the issuance of the certificate, and the stamping fee of $ must accompany the deeds. Upon providing a paper copy of the Deposited Reference Plan, a digital copy, which can be ed, in a PDF or TIF format must also be submitted. CARRIED Resolution No Moved by Councillor McLeod Seconded by Councillor Prevost THAT Consent Application B R & D Laframboise Holdings Inc. be approved subject to the following conditions: 1. A $ Review Fee must be paid to the Township of South Glengarry prior to final approval for each application. 2. A $1, Parkland Fee must be paid to the Township of South Glengarry prior to final approval for each application. 3. The applicant shall enter into a Development Agreement with the Township of South Glengarry that shall include the following but not be limited to: a. That future development does not interfere with the natural hazards and shall protect existing wetlands. Protective measures will be required to mitigate flooding, erosion and unstable soils (organic soils). b. The recommendations from BluMetric Environmental Inc. dated October 16, 2015 as a result of a peer review performed by South Nation Conservation of the Hydrogeological Assessment for Fernwood Drive Development by WESA a BluMetric Environmental Inc. dated February c. That an advisement of the elevated sodium conditions be registered on title so that prospective purchasers are aware of the water quality and suitable decisions on possible treatment can be made. 4. That the County be provided with a description of the land to be conveyed that is consistent with the application and sufficient and equal to that required Page 16 of 101

17 July 17, 2017 for the registration of a deed or other conveyance of land under the provisions of the Registry Act. Three (3) copies of the new deed for the severed parcel are to be provided to the County for the issuance of the certificate, and the stamping fee of $ must accompany the deeds. Upon providing a paper copy of the Deposited Reference Plan, a digital copy, which can be ed, in a PDF or TIF format must also be submitted. CARRIED Resolution No Moved by Councillor McLeod Seconded by Councillor Prevost THAT Consent Application B R & D Laframboise Holdings Inc. be approved subject to the following conditions: 1. A $ Review Fee must be paid to the Township of South Glengarry prior to final approval for each application. 2. A $1, Parkland Fee must be paid to the Township of South Glengarry prior to final approval for each application. 3. The applicant shall enter into a Development Agreement with the Township of South Glengarry that shall include the following but not be limited to: a. That future development does not interfere with the natural hazards and shall protect existing wetlands. Protective measures will be required to mitigate flooding, erosion and unstable soils (organic soils). b. The recommendations from BluMetric Environmental Inc. dated October 16, 2015 as a result of a peer review performed by South Nation Conservation of the Hydrogeological Assessment for Fernwood Drive Development by WESA a BluMetric Environmental Inc. dated February c. That an advisement of the elevated sodium conditions be registered on title so that prospective purchasers are aware of the water quality and suitable decisions on possible treatment can be made. 4. That the County be provided with a description of the land to be conveyed that is consistent with the application and sufficient and equal to that required for the registration of a deed or other conveyance of land under the provisions of the Registry Act. Three (3) copies of the new deed for the severed parcel are to be provided to the County for the issuance of the certificate, and the stamping fee of $ must accompany the deeds. Upon providing a paper Page 17 of 101

18 July 17, 2017 copy of the Deposited Reference Plan, a digital copy, which can be ed, in a PDF or TIF format must also be submitted. CARRIED Resolution No Moved by Councillor McLeod Seconded by Councillor Prevost THAT Consent Application B R & D Laframboise Holdings Inc. be approved subject to the following conditions: 1. A $ Review Fee must be paid to the Township of South Glengarry prior to final approval for each application. 2. A $1, Parkland Fee must be paid to the Township of South Glengarry prior to final approval for each application. 3. The applicant shall enter into a Development Agreement with the Township of South Glengarry that shall include the following but not be limited to: a. That future development does not interfere with the natural hazards and shall protect existing wetlands. Protective measures will be required to mitigate flooding, erosion and unstable soils (organic soils). b. The recommendations from BluMetric Environmental Inc. dated October 16, 2015 as a result of a peer review performed by South Nation Conservation of the Hydrogeological Assessment for Fernwood Drive Development by WESA a BluMetric Environmental Inc. dated February c. That an advisement of the elevated sodium conditions be registered on title so that prospective purchasers are aware of the water quality and suitable decisions on possible treatment can be made. 4. That the County be provided with a description of the land to be conveyed that is consistent with the application and sufficient and equal to that required for the registration of a deed or other conveyance of land under the provisions of the Registry Act. Three (3) copies of the new deed for the severed parcel are to be provided to the County for the issuance of the certificate, and the stamping fee of $ must accompany the deeds. Upon providing a paper copy of the Deposited Reference Plan, a digital copy, which can be ed, in a PDF or TIF format must also be submitted. CARRIED Page 18 of 101

19 July 17, 2017 Resolution No Moved by Councillor McLeod Seconded by Councillor Prevost THAT Consent Application B R & D Laframboise Holdings Inc. be approved subject to the following conditions: 1. A $ Review Fee must be paid to the Township of South Glengarry prior to final approval for each application. 2. A $1, Parkland Fee must be paid to the Township of South Glengarry prior to final approval for each application. 3. The applicant shall enter into a Development Agreement with the Township of South Glengarry that shall include the following but not be limited to: a. That future development does not interfere with the natural hazards and shall protect existing wetlands. Protective measures will be required to mitigate flooding, erosion and unstable soils (organic soils). b. The recommendations from BluMetric Environmental Inc. dated October 16, 2015 as a result of a peer review performed by South Nation Conservation of the Hydrogeological Assessment for Fernwood Drive Development by WESA a BluMetric Environmental Inc. dated February c. That an advisement of the elevated sodium conditions be registered on title so that prospective purchasers are aware of the water quality and suitable decisions on possible treatment can be made. 4. That the County be provided with a description of the land to be conveyed that is consistent with the application and sufficient and equal to that required for the registration of a deed or other conveyance of land under the provisions of the Registry Act. Three (3) copies of the new deed for the severed parcel are to be provided to the County for the issuance of the certificate, and the stamping fee of $ must accompany the deeds. Upon providing a paper copy of the Deposited Reference Plan, a digital copy, which can be ed, in a PDF or TIF format must also be submitted. CARRIED 12. Motions and Notices of Motions Page 19 of 101

20 July 17, Petitions 14. Miscellaneous Business 15. Unfinished Business Summary 16. Closed Session Resolution No Moved by Councillor McDonell Seconded by Councillor Delegarde THAT Council proceed in Camera pursuant to Section 239 (2)(b) and (f) of The Municipal Act S.O personal matters about an identifiable individual, including municipal or local board employees and advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED Resolution No Moved by Councillor MacDonald Seconded by Councillor Boyce THAT Council now rise and reconvene without reporting. CARRIED 17. Ratification By-law Resolution No Moved by Councillor Hart Seconded by Councillor Duncan THAT By-law No. 5120, being a by-law to adopt, confirm and ratify matters dealt with by resolution, be read and passed in Open Council, signed and sealed. CARRIED 18. Adjournment by Resolution Resolution No THAT Council adjourn to the call of the chair. CARRIED Moved by Councillor Boyce Seconded by Councillor McDonell Warden Clerk Page 20 of 101

21 EOWC request for support - Definition of 'Rural' UNITED COUNTIES OF STORMONT, DUNDAS & GLENGARRY To: Date of Meeting: Subject: Relevance to priorities: ACTION REQUEST CAO Warden and Members of Council August 21, 2017 EOWC request for support - Definition of 'Rural' 2 - Economic Development RECOMMENDATION: WHEREAS the Government of Canada announced a $2-billion investment towards infrastructure improvements for rural and northern communities in Canada in its 2017 Budget; WHEREAS this investment is required to grow local economies, build stronger and more inclusive communities and help safeguard the environment and health of Canadians; WHEREAS these funds shall be allocated in partnership through the provincial governments; WHEREAS there have been discussions that the definition of rural may be based on a population of 30,000 people; WHEREAS this proposed definition would eliminate most Counties and rural single-tier municipalities in Eastern Ontario; WHEREAS the Eastern Ontario Members of Parliament stated that it would be the Government of Ontario which would establish the definition of rural for this infrastructure program; BE IT RESOLVED THAT the Eastern Ontario Wardens Caucus request the Government of Ontario to establish the following definition of rural for any funding involving the Government of Canada s Rural and Northern Communities Infrastructure Fund: A rural municipality shall be: a) a municipality with a population of 30,000 or less, or b) rural single-tier or upper-tier municipalities with a population density of 50 people per square kilometre or less Page 1 of 3 Page 21 of 101

22 EOWC request for support - Definition of 'Rural' AND THAT a copy of this resolution be circulated to the Ontario Minister of Finance, the Minister of Infrastructure, the Minister of Municipal Affairs, the Minister of Agriculture, Food and Rural Affairs, the Premier, all local municipalities in eastern Ontario, and all eastern Ontario MPPs and MPs. EXECUTIVE SUMMARY: This report recommends that the Council of the United Counties of Stormont, Dundas and Glengarry adopt the above resolution, which was passed by the EOWC at its meeting held June 23 rd, BACKGROUND: Under the Government of Canada s Rural and Northern Communities Infrastructure Fund, it has been proposed that rural municipalities be defined as those with less than 30,000 people. Unfortunately, this would eliminate most Counties and single-tier rural municipalities in Eastern Ontario. The EOWC has considered the issue, and has passed the motion above, and asked that all EOWC members endorse it. The EOWC is recommending that the definition of a rural municipality be: a) A municipality with a population of 30,000 or less, or b) Rural single-tier or upper-tier municipalities with a population density of 50 people per square kilometer or less. This definition ensures that all rural municipalities (lower and upper tier) are eligible for part of the $2B committed by the federal government, and is consistent with the definition of rural used for other funding programs. OPTIONS AND DISCUSSION: 1. Do Nothing Not Recommended. Supporting this motion is important because Counties like SDG would not be eligible for funding under the proposed definition of rural. 2. Support the EOWC resolution Recommended. FINANCIAL ANALYSIS: There is no impact to the County associated with the recommendation contained within this report. LOCAL MUNICIPAL IMPACT: None. OTHERS CONSULTED: EOWC municipalities Page 22 of 101 Page 2 of 3

23 EOWC request for support - Definition of 'Rural' ATTACHMENTS: N/A RECOMMENDED & APPROVED BY: Page 3 of 3 Page 23 of 101

24 Authorization to Use County Right of Way for Municipal Commuter Cycling Projects UNITED COUNTIES OF STORMONT, DUNDAS & GLENGARRY To: Date of Meeting: Subject: Relevance to priorities: ACTION REQUEST TPS Warden and Members of Council August 21, 2017 Authorization to Use County Right of Way for Municipal Commuter Cycling Projects 1 - Historical, Cultural, Tourism & Recreation RECOMMENDATION: THAT Council of the United Counties of Stormont Dundas and Glengarry delegate authority to the Director of Planning and Transportation Services to approve the use of County rights-of-way for local commuter cycling projects, and further that the Director be authorized to impose any sitespecific conditions deemed appropriate. BACKGROUND: Some local Municipalities are considering or pursuing funding through the Ontario Municipal Commuter Cycling Program (OMCCP). As part of the funding agreement between the local municipality and the province, approval is required from SDG to confirm that the County has no objection to the work within the County s right-of-way. The County enjoys a positive relationship with the local SDG municipalities, and, has successfully worked in the past with local municipalities to install widened paved shoulders or separated pedestrian facilities. Although the County is supportive of these types of projects, allowing this work to take place in the right-of-way may expose the County to unintended liability. To address this concern, staff intend to review each project on a case by case basis and impose site-specific conditions as warranted and necessary. With the impending changes to the Minimum Maintenance Standards (MMS) and the increasing popularity of cycling on County roads, staff anticipate that the County will soon need to have a policy or other arrangements in place to ensure that this infrastructure is being properly maintained and appropriate due diligence measures employed. OPTIONS AND DISCUSSION: 1. Authorize the use of County rights-of-way for local commuter cycling initiatives. To receive funding, local municipalities must either own the land where the work is taking place, or be able to demonstrate that the work is permitted within non-owned property (for a minimum of five years). Page 1 of 2 Page 24 of 101

25 Authorization to Use County Right of Way for Municipal Commuter Cycling Projects The above noted resolution will provide sufficient direction for staff to work with local municipalities to pursue the funding. This option is recommended. 2. Do not approve the use of the right-of-way. Not recommended. FINANCIAL ANALYSIS: The County may financially benefit, as it is envisioned that some cycling projects may eliminate the need for the County to install paved shoulders. Staff will ensure that local municipal cycling projects have no financial impact to the County. LOCAL MUNICIPAL IMPACT: The Township of South Stormont brought this matter forward as it has several projects under consideration, however the best approach is to seek a blanket approval from Council for any commuter cycling project being considered within SDG. OTHERS CONSULTED: All local municipalities ATTACHMENTS: None. RECOMMENDED BY: REVIEWED & APPROVED BY: Page 2 of 2 Page 25 of 101

26 Martintown Reconstruction UNITED COUNTIES OF STORMONT, DUNDAS & GLENGARRY To: Date of Meeting: Subject: Relevance to priorities: ACTION REQUEST TPS Warden and Members of Council August 21, 2017 Martintown Reconstruction 3 - Inventory of Infrastructure RECOMMENDATIONS: THAT Council of the United Counties of Stormont, Dundas and Glengarry accept the tender from Malyon Excavation for the reconstruction of County Road 18 in Martintown at their unit prices totaling $1,197, plus H.S.T., and authorize the Director of Transportation and Planning Services to sign all necessary documents to give effect to the contract; AND THAT the Director of Transportation and Planning Services instruct the contractor that the provisional items associated with the work east of the bridge not proceed; thereby saving approximately $447, from the total contract price. AND THAT any surplus funds required to complete the work be drawn from Roads Capital Reserves. EXECUTIVE SUMMARY: This tender will authorize the reconstruction work in Martintown. Due to both budgetary and environmental constraints, staff are recommending that the work be completed only from Nine Mile Road to the bridge. The award for the work must be based on the lowest total tender price; however, the contract was structured in a manner that allows the County to remove the provisional items (work east of the bridge) without invalidating the tender. The actual cost to complete the work west of the Martintown Bridge is estimated to be $649,500. BACKGROUND: Council included the reconstruction work in Martintown during 2017 budget deliberations. Due to the conditions (snow cover) and lack of underground information at the time this project was discussed, staff were unable to provide Council with a complete scope of work. The project limits were originally envisioned to be from Nine Mile Road to the bridge; however, as the project progressed, staff were directed to review the entire condition of SDG 18 in Martintown with the intent to potentially address all infrastructure needs as part of the project. The budget was based on work completed in Newington the year prior. Page 26 of 101 Page 1 of 5

27 Martintown Reconstruction Since budget approval, staff have completed the topographic survey, detailed design, sewer inspection and geotechnical analysis and tender for the entire site. The scope of the tendered work is summarized as follows: - Full reconstruction from Nine Mile Road to the Bridge: o Remove and replace the asphalt, base and subbase; o Install new maintenance holes and storm sewers; o Install new sidewalks, curbs and parking lanes (some costs attributable to the Township of South Glengarry) o Relining the existing pipe from River Road to the outlet. - Full reconstruction from the Bridge to McMartin St (provisional): o Remove and replace the asphalt, base and subbase; o New maintenance holes and storm sewers (relining the existing sewer from County Road 20 to the outlet); o Removal of contaminated soil; o New curbs - Road rehabilitation from McMartin St. to east limits past civic number (provisional) o Remove and replace curbing o Mill and resurface 50mm HL3 asphalt o Close in a ditch at civic no Once the background information was collected and detailed design started, it was noted that the budget for the work was likely not sufficient to address the entire corridor (both east and west of the bridge). In response to these budgetary concerns, the County s design team (EVB Engineering) prepared the tender package so that County Council had options at tender award. Soil Contamination One of the significant project challenges discovered during the design phase was that there was soil contamination near the intersection of SDG 18 and SDG 20 (near the former gas station). Staff have contacted the Ministry of Environment (MOE) and completed hydrocarbon testing concurrent with the geotechnical assessment completed for the site. This analysis confirmed that there were hydrocarbons present in the right of way. Based on correspondence with the MOE, there are three approaches that the County can pursue: 1) Allow the MOE to work with the TSSA and landowner to remediate the contaminated soil. This option places the financial burden on the offending parties to clean up the soil both within their property and the right of way. Based on feedback received from the MOE, it is understood that this process can take several years to resolve. Page 27 of 101 Page 2 of 5

28 Martintown Reconstruction 2) Install the storm sewer and properly dispose any contaminated soil encountered during the work. Although this approach responsibly addresses any contamination the County would encounter during the installation of the storm sewer, when the gas station site is eventually remediated, it is likely that the new road asphalt, base, subbase and subsoil will likely need to be re-disturbed as part of their work. 3) Remove all contaminated soil from the right of way and install geo-barriers at the limit of the right of way to prevent future/ further contamination from the site. In the most extreme remediation option, the County can, at its cost, completely remove all the contaminated soil from the right-of-way and install a geo-barrier at the property limits to prevent continued contamination from the site. This is the most expensive option that the County can undertake, and would guarantee that the road would not have to be disturbed when the gas station site is remediated. As noted below, staff ultimately recommend that the County wait to complete east of the bridge until the right-of-way is remediated by others. OPTIONS AND DISCUSSION: 1. Approve the work from Nine Mile Road to the Martintown Bridge (recommended). This approach allows the soil contamination to be addressed by the liable party, thereby not burdening the County with these extra costs. Completing the work west of the bridge will ensure that the most deteriorated portion of the project is finished this year. As noted in the financial analysis, the cost to complete the work west of the bridge is relatively close to the original budget/scope of work. 2. Approve the entire project, with soil clean up limited to the disturbed area. Council may elect to undertake all the work in Martintown instead of just the work west of the bridge. The provisional items included in the east portion of the work include the removal and disposal of contaminated material expected to be encountered during the installation of the storm sewer. Further work will need to take place in the right of way (by others) to remediate any contaminated soil not removed as part of this project. 3. Approve the entire project, and remediate the entire right-of-way. Council may alternatively direct staff to remediate the entire County rightof-way along with the work east of the bridge. Although the cost to remove and dispose the contaminated soil is included in the contract price; there would be an additional cost (not included) to install an appropriate geo-barrier at the right-of-way limit to prevent any further contamination from the former gas station site. 4. Do not approve the work. Due to the challenges associated with the contaminated material and desire to complete all the work in a single Page 28 of 101 Page 3 of 5

29 Martintown Reconstruction season, Council may determine that it does not want to undertake the work this year, and wait until the soil contamination is resolved before starting any construction in Martintown. This option is not recommended because some of the infrastructure west of the bridge is significantly deteriorated, requiring replacement in the very near future. FINANCIAL ANALYSIS: A summary of the bids received is as follows: Table 1: Bid Summary Contractor Total Tendered Amount Malyon Excavation Ltd. $1,197, Clarence McDonald Construction $1,265, Cornwall Gravel Co. $1,374, Cruickshank Construction. $1,641, The Engineer s estimate for the entire tender was $1,295,680; therefore, prices were as expected and reflect accurate market values. There were no unbalanced tender items identified in the low bid. The tender identified that the award of the work would be based on the total tendered amount. If Council confirms that it wants to proceed with the work west of the bridge only (as recommended), staff will advise the contractor that the provisional work east of the Martintown bridge is not to be completed, saving $447, from the overall contract price. The project breakdown is noted as follows: Table 2: Project Costs Description Estimated Cost Design, Geotech, CCTV $35,000 Construction (west of bridge) $649,498 Contingency (10%) 1 $100,000 Inspection/ Testing $35,000 Total Project Costs $819,498 1 Carried within tendered price Summary of Overall Expenses Total Project Costs $819,498 Overall Budget $538,000 Township Portion $ 82,890 Budget Shortfall $281,377 Page 29 of 101 Page 4 of 5

30 Martintown Reconstruction The budget shortfall includes a $100,000 contingency, which is earmarked to address unforeseen issues that may arise during the reconstruction work. To offset the anticipated over-expenditure, staff are recommending that Council approve the use of the Roads Capital Reserves. In 2017, the Transportation budget included a $425,000 payment into this reserve. LOCAL MUNICIPAL IMPACT: Staff have worked with the Township of South Glengarry throughout the design. OTHERS CONSULTED: N/A ATTACHMENTS: RECOMMENDED BY: REVIEWED & APPROVED BY: Page 5 of 5 Page 30 of 101

31 Procedure By-law No UNITED COUNTIES OF STORMONT, DUNDAS & GLENGARRY To: Date of Meeting: Subject: Relevance to priorities: ACTION REQUEST CS Warden and Members of Council August 21, 2017 Procedure By-law No Choose an item. RECOMMENDATION: THAT By-law No. 5121, being a by-law to govern the proceedings of Council and its Committees, be read and passed in Open Council, signed and sealed. EXECUTIVE SUMMARY: Amendments to the Procedure By-law are necessary to comply with the requirements of Bill 68, Modernizing Ontario s Municipal Legislation Act, 2017, and to change the requirements for a member of Council to run for the position of Warden. BACKGROUND: A draft Procedure By-law was presented to Council at the July meeting. Council provided input on the draft by-law, and suggested changes were included in the final copy presented. Due to the concern raised by Council about the appointment of an Alternate member to County Council, a stipulation was added indicating that such an appointment remains at the discretion of the local municipality. OPTIONS AND DISCUSSION: 1. Pass By-law as presented. Recommended. This By-law provides necessary updates to be in compliance with Bill Not pass By-law as presented, and further review contents. Not recommended. Council and staff have thoroughly reviewed the draft Bylaw in its present form. FINANCIAL ANALYSIS: There are no financial implications. OTHERS CONSULTED: CAO T.J. Simpson ATTACHMENTS: By-law No Page 31 of 101 Page 1 of 2

32 Procedure By-law No RECOMMENDED BY: REVIEWED & APPROVED BY: Page 2 of 2 Page 32 of 101

33 Procedure By-law No The Corporation of the United Counties of Stormont, Dundas and Glengarry Procedure By-law No Page 33 of 101

34 Procedure By-law No Table of Contents 1.0 Definitions Warden and Acting Warden Councillor Committees Committee of the Whole Meetings Agenda Order of Business Call Meeting to Order Disclosure of Pecuniary Interest and General Nature Thereof Quorum Disclosure of Additional Items Minutes Presentations Delegations Staff Reports -Action Requests-Tenders and Quotations By-laws Consent Items Receiving Committee Reports Key Information Motions and Notices of Motions Receiving Correspondence, Petitions and Other Communication Miscellaneous Business Council Meeting Unfinished Business Closed Session Ratification By-law/By-law to Confirm Proceeding of Council Adjournment Reconsideration Rules of Debate Points of Order and Privilege Conduct of Members of Council Code of Conduct Suspension of Rules Amendment of By-law Severability Repeal Effective Date Page 34 of 101 2

35 Procedure By-law No THE CORPORATION OF THE UNITED COUNTIES OF STORMONT, DUNDAS AND GLENGARRY BY-LAW NO PROCEDURE BY-LAW A By-law of the Corporation of the United Counties of Stormont, Dundas and Glengarry To Govern the Proceedings of Council and its Committees WHEREAS the Municipal Act, S.O. 2001, c. 25 requires municipalities to pass a Procedure By-law governing the calling, notice of, place and proceedings of meetings; AND WHEREAS it is necessary and expedient that there shall be rules governing the order and proceedings of the Council and Committees of the Corporation of the United Counties of Stormont, Dundas and Glengarry; AND WHEREAS Council desires that its governance processes and procedures facilitate, to the greatest extent possible, the understanding and participation of its citizens in the effective conduct of the Corporation s business; AND WHEREAS Council provided the required notice, in accordance with the Municipal Act, S.O, 2001, c. 25, of their intention to enact this By-law; NOW THEREFORE Council of the Corporation of the United Counties of Stormont, Dundas and Glengarry enacts as follows: 1.0 Definitions: 1.1 Act means the Municipal Act, S.O. 2001, c Acting Warden means a Councillor designated by the Warden to act in his/her absence. 1.3 Alternate means a member of a local Council appointed to serve as an alternate member of County Council when the Councillor is unable to attend a meeting for any reason. The appointment of an alternate is at the discretion of the local municipality. 1.4 By-law means a local law. A by-law is enacted by Council to exercise a power provided by legislation. It is the most formal document used for complex and legal matters providing authority and direction for the Corporation to act on its own affairs. Page 35 of 101 3

36 Procedure By-law No Chief Administrative Officer means the Chief Administrative Officer (CAO) of the Corporation of the United Counties of Stormont, Dundas and Glengarry who is duly appointed by by-law. 1.6 "Clerk" means the Clerk of the Corporation of the United Counties of Stormont, Dundas and Glengarry who is duly appointed by By-law. 1.7 Closed Session (In Camera) means a meeting or part of a meeting that is closed to the public in accordance with the Municipal Act, S.O., 2001, s (2). 1.8 Committee means any advisory or other committee, subcommittee, or similar entity of which at least 50 percent of the Members are Councillors of the Council of the United Counties of Stormont, Dundas and Glengarry. 1.9 Committee of the Whole (COTW) means the participation of all Councillors of the Corporation of the United Counties of Stormont, Dundas and Glengarry in a Committee meeting where Members consider questions with greater freedom of debate Consent Agenda means a component of a meeting agenda that enables Council to group routine items and motions under one umbrella and is a single item that encompasses all the things Council would normally approve with little comment at a Council meeting. Items on the consent agenda are not discussed before a vote "Council" means the Council/County Council of the United Counties of Stormont, Dundas and Glengarry Councillor means a Mayor, Deputy Mayor, or appointed person pursuant to Section 259 of The Municipal Act, R.S.O., 2001, of a local municipality serving on County Council County/Counties means the Corporation of the United Counties of Stormont, Dundas and Glengarry. Page 36 of 101 4

37 Procedure By-law No Delegation means a maximum of two persons representing a group, who wish to provide information to Council/Committee(s) of Council "Head of Council" means the "Warden" of the Corporation of the United Counties of Stormont, Dundas and Glengarry Lay Appointments Committee means the Committee responsible for recommending committee appointments to Council. The Lay Appointments Committee shall be comprised of the Warden, immediate Past Warden or in his/her absence a Councillor of the Council of the United Counties of Stormont, Dundas and Glengarry with the most experience on County Council, and one other Councillor appointed by the Warden Local board means an entity formed (i) with a direct link with the County by way of legislation or authority from the County; (ii) carrys out the affairs of the County; (iii) connected to or controlled by the County; (iv) with an element of automony; (v) excludes Police Services Board, Public Library Board or any other board listed as an exclusion in the Municipal Act, S.O Materially Advances means to substantially, measurably or identifiably advance a matter/issue forward Meeting means any regular, special, or other meeting of Council, of a local board or of a committee of either of them, where: i) a quorum of members are present, and ii) members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee Member means a person duly elected/appointed to serve on Council for the Corporation of the United Counties of Stormont, Dundas and Glengarry or appointed as an alternate Minutes shall mean the record of the proceedings of a meeting and shall be kept in a safe manner. 5 Page 37 of 101

38 Procedure By-law No Pecuniary Interest (Disclosure of Interest) means a Pecuniary Interest, direct or indirect, in any matter within the meaning of the Municipal Conflict of Interest Act Presiding Officer is the person presiding over a meeting, who is charged with the responsibility to decide questions and points of order or practice, preserve order and maintain decorum in the proceedings of Council or Committees Quorum shall be the majority of the eligible voting Members present at the meeting Recorded Vote shall mean the recording of the name and vote of every Member on any matter or question where any Member requests that the vote be recorded Regular Meeting means a scheduled meeting held in accordance with the approved calendar/schedule of meetings Resolution is a motion once it has been passed Rules of Procedure (Rules of Order) means the applicable procedural rules and rules of conduct contained in this By-law. The proceedings of Council and its Committees, the conduct of the Members, and the calling of meetings will be governed by the rules and regulations contained in this By-law. Where a matter being considered by Council arises that is not covered in this By-law, Robert s Rules of Order (latest edition) shall apply Special Meeting means a meeting not scheduled in accordance with the annual approved calendar/schedule of regular meetings Warden means a Councillor elected by his/her peers to the seat of Warden and serves as the Head of Council. The Warden shall also normally preside at all Council meetings. Schedule A attached hereto outlines the general responsibilities of the position. Page 38 of 101 6

39 Procedure By-law No Warden and Acting Warden 2.1 Warden A Councillor wishing to be nominated for the position of Warden must: (a) have been a Councillor of the Council of the United Counties for Stormont, Dundas and Glengarry for a minimum of one year. (b) formally express their interest in the position at the regular September meeting of Council. At the October meeting of County Council, the names of the candidates(s) for Warden duly moved and seconded shall be put forth to the Clerk. Candidates so nominated shall be allowed a maximum five (5) minutes to address Council prior to the vote being taken. In the case of more than one candidate being proposed, the Clerk shall conduct a vote by secret ballet. The Clerk shall then check the vote and shall declare the number of votes recorded for each candidate. The Clerk shall continue the voting by ballot, if necessary, dropping the name of the candidate having the least number of votes until a majority has been obtained for one of the candidates, and shall then declare the candidate who has so obtained the majority duly elected. If the vote remains tied, the Clerk shall put the remaining names in the hat, and draw for the successful candidate. In an election year, the Clerk, upon receipt of Clerk s Certificate from each local municipality confirming appointments to County Council, shall convene a special meeting for the purpose of electing the Warden for the ensuing year. 2.2 Acting Warden At the December meeting of Council, Councillors will indicate their interest in participating in the Acting Warden rotation for the upcoming year. At the January meeting of Council, the Warden shall appoint the Acting Warden on a month to month basis for the year. The Acting Warden will act in the absence of the Warden. 2.3 Term of Office The term of office for Warden shall be one year from the date of the Inauguration. A sitting Warden interested in serving a second term will follow the nomination process as outlined in Section 2.1. A Councillor may only be Warden for a maximum of two consecutive terms. 3.0 Councillor and Alternate: 3.1 A person shall become a member of Council of the Corporation of the United Counties of Stormont, Dundas and Glengarry upon: Page 39 of 101 7

40 Procedure By-law No (a) Certification from the Clerk of the local municipality of the name of each person so elected or appointed; (b) Taking the Declaration of Office for the position. 3.2 Alternate Member of Council A person shall become an alternate member of Council of the Corporation of the United Counties of Stormont, Dundas and Glengarry upon: (a) Certification from the Clerk of the local municipality of the name of person so appointed; (b) Taking the Declaration of Office for the position Responsibilities of Alternate Member (a) The Alternate Member shall exercise all the rights of a Councillor solely for the meeting so attended, with the exception of Head of Council. (b) The Alternate Member shall adhere to the provisions of this Bylaw. 4.0 Committees 4.1 Appointments Standing or Ad Hoc Committees: Standing or Ad Hoc Committees may be appointed by Council or by the Warden with the approval of Council, at any time of the year as deemed necessary for consideration of special matters. Appointments to Standing or Ad Hoc Committees may be Councillors or lay appointees. Councillors appointed to Standing or Ad Hoc Committees must report to the Council on Committee business on a regular basis. 4.2 Terms of Reference: A draft Terms of Reference shall be presented for Council s approval at the time a Committee of Council is being established. 4.3 Delegation of Authority: Delegation of authority shall be provided by Council. Committees of Council shall only consider matters referred to them by Council unless authority to do otherwise has been delegated by Council. 4.4 Rules of Procedure: All rules of procedure outlined this By-law shall apply to Committees. 4.5 Appointment of Councillors to Committees: Councillors shall be appointed by the Warden to sit on various Boards and Committees of Council for a two year term. These appointments shall be confirmed at the January Council meeting. Councillors shall indicate their interest in a Committee in writing to the Clerk by December 31 st. Composition of Committees are as outlined in Schedule B to this By-law. Page 40 of 101 8

41 Procedure By-law No Lay Appointments: Appointments to any Committee of non-council members will also be confirmed by Council at its January meeting, and shall be made using the following criteria: (a) Public notice soliciting individual applications from citizens of Stormont, Dundas and Glengarry shall be conducted. (b) All applications shall be presented to the Lay Appointments Committee of Council, who shall make recommendations to Council during a Closed Session meeting. (c) Lay Appointments Committee will be comprised of the Warden, immediate Past Warden or in his/her absence a Councillor with the most experience on County Council, and one other Councillor chosen by the Warden. 4.7 Appointment of Other Councillor Due to Illness Absence: Should a Councillor, appointed to any Committee, be unable to attend the meetings of such Committee due to illness or absence, Council may appoint another Councillor to act in their stead and the Councillor so appointed shall be deemed to be a Member of the Committee and entitled to act thereon only during such illness or absence. 4.8 Removal of Members not Attending: Should any Councillor or Members of a Committee neglect or refuse to attend three consecutive meetings of their Committees, the Presiding Officer shall report such neglect or refusal to Council who may remove the said Councillor or Members of their place; or should any Committee neglect or refuse to give due attention to all business or matters before them, Council may, by resolution, discharge such Committee and appoint another in its stead. 4.9 Absence Presiding Officer: In the absence of the Presiding Officer, one of the other Councillors shall be elected to preside pro temp, who shall discharge the duties of the Presiding Officer during the meeting or until the arrival of the Presiding Officer. 5.0 Committee of the Whole Committee of the Whole (COTW) is the participation of all Councillors of the Corporation of the United Counties of Stormont, Dundas and Glengarry in a Committee meeting where Councillors consider questions with greater freedom of debate. When sitting as Committee of the Whole, the results of consensus taken in Open Session are not final decisions of Council. Rather, the results have the status of recommendations which Council is given the opportunity to consider Page 41 of 101 9

42 Procedure By-law No further at a formal Council meeting under its regular rules (Exception: direction given in Closed Session). 5.1 Agenda: The COTW Agenda shall include: (i) Call to Order by Resolution (ii) Approval of the Agenda (iii) Disclosure of Pecuniary Interests and General Nature Thereof (iv) Approval of Minutes (v) Receiving Delegations (vi) Staff Reports (vii) Discussion of Additional Items (viii) Unfinished Business (ix) Closed Session (x) Adjournment by Resolution 5.2 Delivery of COTW Agenda The Clerk shall circulate an agenda, including all associated reports and notice of Closed Session, for each Committee of the Whole meeting, four days prior to the meeting. 6.0 Meetings 6.1 Orientation for New Councillors: An orientation meeting shall be held with new Councillors and alternate members. This meeting will allow the CAO and Clerk to provide new Councillors and alternate members with an overview of the expectations of their elected office (e.g. inaugural meeting, Committee expectations, processes of Council, protocol at meetings, Procedure By-law, dress codes, payroll and a general overview of the Corporation s role and function). 6.2 Inaugural Meeting of Council: The inaugural meeting of Council shall be held at 11:30 a.m. on the Friday preceding the third Monday in December. The location of the inaugural meeting will be Council Chambers of the United Counties of Stormont, Dundas and Glengarry Declaration of Office All Councillors and all appointed alternate Members shall take the declaration of office prior to participating in any meeting of Council Inaugural Agenda: The Inaugural Agenda shall include: (i) Call to Order (ii) Disclosure of Pecuniary Interest (iii) Declaration of Office (iv) Adjournment Page 42 of

43 Procedure By-law No Business at Inauguration: No business shall take place other than the Declaration of Office at the Inaugural Meeting of Council. 6.3 Seat Assignment: Seating of Councillors will be based on the years of seniority of both Councillors from each municipality on County Council. The municipality with the most combined seniority will be seated closest to the front, and remaining seats assigned based on descending seniority. 6.4 Regular Meetings Meeting Schedule Council: Regular Council meetings shall be held in accordance with the Meeting Schedule. A proposed Meeting Schedule will be presented by the Clerk to Council for approval by December of each year Meeting Locations Council: Regular Council meetings shall be held in Council Chambers of the United Counties of Stormont, Dundas and Glengarry, in accordance with Council Meeting Schedule Cancellation of Meetings: The CAO, in consultation with the Warden, has the authority to cancel any regular meeting if it is determined there is not sufficient business to be conducted, provided notification has been given at a prior meeting or within forty-eight (48) hours (not including weekends, or holidays) of the meeting. Notice of cancellation shall be sent to all regular recipients on the agenda distribution list Time of Meeting - Council: All regular meetings of Council shall be held on the third Monday of each month, unless otherwise determined by Council, and commence at 9:00 a.m. If the regular meeting date falls on a Statutory Holiday, the meeting will be held the following day Meetings to be Open to the Public: Meetings of Council and any Committee of Council shall be open to the public except as provided in the Act. 6.5 Special Meetings of Council Call of Special Meetings of Council: In addition to regularly scheduled meetings, the Warden may at any time call a special meeting of Council by providing written direction to the Clerk stating the date, time and purpose for the special meeting. Forty-eight hours (not including weekends, or holidays) written notice shall be given. Page 43 of

44 Procedure By-law No In addition, a majority of Councillors may, at any time, petition the Clerk to call a special meeting of Council by providing a written petition to the Clerk stating the date, time and purpose for the special meeting. Forty-eight hours (not including weekends, or holidays) written notice shall be given Restriction of Business stated on Agenda: The only business to be dealt with at a special meeting of Council shall be that stated in the notice/agenda of the meeting. 6.6 Emergency Meetings Call of Emergency Meeting without 48 hours Notice: Notwithstanding this section the Warden may, in the event of an emergency, call an emergency meeting of Council without giving the 48 hours written notice of the meeting, provided that the Clerk has diligently attempted to advise all Councillors and relevant staff immediately upon being advised of the Warden s intention to hold an emergency meeting Meeting Location-Council-Emergency: In case of an emergency, Council, in its sole discretion, may hold its meetings and keep its public offices at any convenient location within or outside the United Counties of Stormont, Dundas and Glengarry. 6.7 Closed Session Following of Rules: The Procedure By-law shall apply during Closed Session meetings Meetings Open to the Public: All meetings shall be open to the public except as provided in s. 239 of the Act Resolution Enter Closed Session Include General Nature of the Matter: Refer to s. 239 of the Act. The resolution shall include a general description of all the subjects to be dealt with at the Closed Session Agenda: The Clerk shall prepare an agenda for presentation at the meeting. The agenda shall be kept in a secure and confidential location under the control of the Clerk Identification of Specific Section: The Clerk shall have the Closed Session agenda prepared, identifying the subject and qualifying section of the Act, under which each matter is to be considered in the Closed Session. The agenda will be distributed to all Members in attendance at the meeting. Page 44 of

45 Procedure By-law No Record of Meeting: The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a meeting. Minutes shall be circulated by the Clerk at the following meeting for adoption Closed to Whom: For the purpose of this section Closed Session shall mean closed to any person not appointed or elected to the body calling the meeting. The sitting body may invite any person deemed appropriate to the closed portion of the meeting for a specific item of business Location of Meeting: Closed Sessions during Council meetings will be held in Council Chambers, unless otherwise determined by Council Additional Items for Discussion: Discussion during a Closed Session shall be limited to that stated by resolution prior to holding the Closed Session. Additional items require public notice by resolution in Open Session prior to holding the Closed Session to discuss the additional item(s) Votes Taken in Closed Session Procedural Matters Giving Direction/Instructions: A meeting shall not be closed to the public during the taking of a vote except as provided in the Act. Votes may also be taken for giving directions or instructions to staff or agents or others Collection of Closed Session Documents: All documents handed out during a Closed Session shall be initialed, dated and returned to the Clerk at the end of the Closed Session Calculations and Note Taking: Members and staff may do basic calculations and note taking on paper during the course of a Closed Session. Any such calculations or notes shall be collected by the Clerk and destroyed following the adjournment of the meeting Confidentiality of Information: Members, staff and invited guests shall keep confidential any information: (a) Disclosed or discussed at a meeting that was closed to the public. The obligation to keep information confidential applies even if the Member ceases to be a Member or staff ceases to be employed by the Corporation. Page 45 of

46 Procedure By-law No (b) Received in confidence verbally in preparation for the Closed Session meeting No Comment: Members and staff shall respond to any questions regarding an item from a Closed Session with a reply of no comment, or words to that effect Securing Minutes: The Minutes shall be kept in a secure and confidential location under the control of the Clerk. These minutes shall only be open to those in attendance at the meeting, to others approved by Council, or as legislated Return to Open Session: Once the Closed Session has ended, the Members shall return to Open Session and the Clerk shall record the time in the minutes. 6.8 General Rules of Meeting Rules of Procedure: Shall be as provided for in this By-law and where not provided, as near as may be to that followed under the current revised version of Robert s Rules of Order Attendance: (a) Every Member of Council shall attend required meetings. (b) A Councillor is permitted to be absent from meetings if it is a result of the Councillor s pregnancy, the birth of the Councillor s child or adoption of a child by the Councillor for 20 consecutive weeks or less. (c) The CAO, Clerk, and Directors shall attend Council Meetings. Municipal staff shall attend a meeting of Council when directed by the CAO Dress Code: All Members shall wear proper business attire during regular scheduled Council Meetings. Male Members shall wear a jacket, shirt and tie as standard dress and female Members shall wear equivalent contemporary business attire Members of Council Municipal Staff: No Member shall speak disrespectfully of, nor shall they use offensive language against any Member, Committee(s) of Council or municipal staff Speaking Subject in Debate Only: When acknowledged by the Warden, no Member shall speak on any subject other than the subject in debate. 14 Page 46 of 101

47 Procedure By-law No Criticize a Decision: No Member shall criticize any decision of Council except for the purpose of moving that the question be reconsidered No Cellular Phone A Member shall not use his/her cellular phones during the meetings of Council Vacating Seat During Meeting: A Member shall not leave his/her seat or the meeting at any time without advising the Presiding Officer. Such absence, including the length of time absent, shall be recorded. 7.0 Agenda 7.1 Agenda: The business of each meeting will be considered in the order set forth on the agenda. 7.2 Staff Reports: All staff reports will be delivered to the Clerk 10 days in advance of the meeting to ensure inclusion in the agenda and timely publication of the agenda. 7.3 Council: The Clerk shall prepare for the use of the Members at Meetings of Council, an agenda that will state the order in which the business of Council shall be conducted. 7.4 Council Meetings Regular Scheduled Meetings: The Clerk shall circulate an agenda, including all associated reports and notice of Closed Session, for each meeting 5 days preceding the date of the Council meeting. The agenda cover sheet shall be posted to the County website for access by the public. The full agenda with all associated reports will be provided to the public and media the day of the meeting, upon approval of the agenda by Council Special Meetings: The Clerk shall circulate an agenda, including all associated reports and notice of Closed Session, for each meeting to Councillors and staff 48 hours (not including weekends, or holidays) in advance of the meeting. The agenda cover sheet shall be posted to the County website for access by the public and the media. The full agenda with all associated reports will be provided to the public and media the day of the meeting, upon approval of the agenda by Council. 15 Page 47 of 101

48 Procedure By-law No Copy of Agenda: Any person may be provided, upon request to the Clerk, with a copy of the agenda, within the time frames as noted in Section and above. 7.6 Further Information Required Postponement: Where further information or reports are necessary for Council to properly review an item of business, the Clerk or CAO may postpone the placement of an item to a future agenda in order to arrange for the provision of the necessary information. 7.7 Clerk Authorized to Determine: The Clerk shall be authorized to determine the appropriate meeting at which items of business shall be considered, in accordance with this By-law. 8.0 Order of Business Council 8.1 Regular Scheduled Meetings: The order of business on the agenda for regular scheduled meetings of Council shall be as follows: 1. Call Meeting to Order by Resolution 2. Adoption of Agenda 3. Disclosure of Pecuniary Interest and General Nature Thereof 4. Adoption of Minutes 5. Delegations 6. Action Requests 7. Tenders and Quotations 8. By-laws 9. Consent Agenda (includes Monthly Activities Summaries and Correspondence) 10. Boards and Committees 11. Key Information 12. Motions and Notices of Motions 13. Petitions 14. Miscellaneous Business 15. Unfinished Business Summary 16. Closed Session 17. Ratification By-law 18. Adjournment by Resolution. 8.2 Changes to Order of Business: The Presiding Officer, with the approval of Members by majority vote, may vary the order of business before the Members. Page 48 of

49 Procedure By-law No Call Meeting to Order 9.1 Opening Remarks: The opening remarks of the Presiding Officer shall be at the sole discretion of the Presiding Officer and shall normally relate to items of special interest Disclosure of Pecuniary Interest and General Nature Thereof 10.1 Member of Council: To determine possible Pecuniary Interest, the Member shall consult and be in compliance with the Municipal Conflict of Interest Act Disclosure of Pecuniary Interest: Declaration of Pecuniary Interest by Member must be disclosed before the matter is considered at the meeting Written Statement: Member shall provide a written statement of the Pecuniary Interest and details of the general nature of the interest Discussion, Vote or Influence A Member declaring a pecuniary interest in an agenda item, must not take part in the discussion, vote, or attempt to influence the voting before, during or after the meeting Closed Session: A Member declaring a Pecuniary Interest in a closed session item, must be absent for that portion of the meeting Documentation of Disclosure of Interest: The Clerk must note the disclosure of pecuniary interest in the minutes, as well as establish a registry of declarations recorded, that shall be available for public inspection. 11. Quorum Call to Order 11.1 Quorum Call to Order: If there is a quorum after the time set for the start of the meeting, the Presiding Officer will take the chair and call the meeting to order No Quorum Meeting Adjourned: In the event that a quorum is not present within the fifteen minutes after the designated start time of the meeting, the Presiding Officer shall take the chair and call the meeting to order, announce the absence of a quorum, and immediately adjourn the meeting. The Clerk shall record the names of the Members present and the meeting shall stand adjourned. Page 49 of

50 Procedure By-law No Council Meeting Presiding Officer Absent: In the case where a quorum is present at a Council Meeting and the Warden has not attended within fifteen minutes after the time appointed, Councillors shall appoint a Councillor to act as the Presiding Officer of the meeting. Such appointed Councillor has all the powers and duties of the Head of Council, solely to the role of Presiding Officer Meeting Adjourned Not Ended: If during the course of a meeting a quorum is lost, then the meeting will stand adjourned, not ended, to reconvene at a time and place as called by the Presiding Officer. 12. Disclosure of Additional Items 12.1 Council- Introduction of New Item/Motion Not on Agenda : Items/Motions permitted shall be considered under Miscellaneous Business in the Order of Business of Council. 13. Minutes 13.1 Record of Meeting: The Minutes of a Meeting of Council shall record: i) The date, place and time of the meeting; ii) The name of the Presiding Officer and the attendance of the Members present at the call of the meeting; ii) Arrival and departure of Members after the call of the meeting; iv) Member who has declared a pecuniary interest on the matter or question and the nature thereof; v) All motions; vi) Other proceedings of Council without note or comment; vii) Time of adjournment Approval of Minutes: The draft minutes of the last regular meeting, and any special meetings held since the last regular meeting, shall be presented for final approval no later than the next regular scheduled meeting of Council Amendments to Minutes: If any Member disagrees with any item printed in the minutes, that Member shall state their objection and the reason therefore. The Members shall determine the accuracy of the minutes and the Clerk shall note in the minutes of the present meeting both the existing text, and changes requested, and make the necessary amendments to the minutes being adopted. If amendments are required, the question put by the Presiding Officer shall be to adopt the minutes of meeting, held on, as amended. Page 50 of

51 Procedure By-law No Clerk Authorized to Make Corrections: The Clerk shall be authorized to make minor corrections to the minutes resulting from technical or typographical errors provided the intent of the minutes are not changed prior to the minutes being signed Signature for Authentication: The Presiding Officer and Clerk shall authenticate the minutes with their signatures Adopted Minutes: The adopted minutes of each meeting of Council shall be posted to the Counties website Presentations 14.1 Ceremonial Presentations/Awards Council Meetings: Ceremonial presentations and/or awards shall be made at a Council meeting. A presentation or award may be given by the Presiding Officer, County staff, a representative from another government or government agency, or, any person/organization invited by Council to make a presentation as may, from time to time, be considered appropriate Delegations 15.1 Delegation First Come First Served Limit of Four: A maximum of four delegations shall be permitted at any regular meeting Delegation Notice Prior to Meeting: Meeting of Council: Persons wishing to address Council shall make written application to the Clerk prior to 12:00 noon 10 days preceding the regular meeting (not including weekends or holidays), or as otherwise provided for in the notice of the meeting. Such application shall contain the subject matter to be discussed, all information to be presented to Council, and the name, address and telephone number of a spokesperson chosen by the delegation to make the presentation Delegation Limit of One Appearance Exception New Information: Delegations shall be limited to one appearance, unless providing additional information Delegation Refused Chief Administrative Officer or Clerk: The CAO or Clerk is given the authority to refuse delegations under the following circumstances: (i) The request is not submitted within the stated time limits; 19 Page 51 of 101

52 Procedure By-law No (ii) (iii) (iv) The subject matter is deemed to be beyond the jurisdiction of Council; The issue is specific to a matter properly held in Closed Session; Requests/issues where there is no perceived benefit for the United Counties of Stormont, Dundas and Glengarry Delegation Not to Repeat: Delegations taking the same position on a matter shall be encouraged to select a spokesperson(s) to present their views collectively Delegation Limited to Subject Matter: Delegations shall be limited to the subject matter indicated in their application for a delegation Delegation After the Agenda is published: Applications for delegations shall not be received after the deadline established in s of this By-law. Notwithstanding, if a matter is listed on the agenda to which anyone is desirous of providing information to the Members, the person shall notify the Clerk prior to the Friday preceding the meeting and shall provide a brief in writing to the Clerk at the time the request is made so that it may be circulated to the Members. In addition, the person shall provide a sufficient number of hard copy prints for distribution to the Members and affected municipal staff Restrictions on Delegations: Delegations shall not: (i) Address Members directly without permission; (ii) Interrupt any speaker or action of the Members, or any other person addressing the Members; (iii) Display or have in their possession picket signs or placards in Council Chamber or meeting room; (iv) Speak disrespectfully of any person; (v) Use offensive words; (vi) Disobey a decision of the Presiding Officer; (vii) Enter into cross debate with other delegations, staff, Members or the Presiding Officer Delegation Time Limit 15 Minutes: Delegation shall be permitted a maximum of 15 minutes to make the presentation Delegation Addressing Members: Delegations shall state their name(s) and make their presentation to the Members Matter Brought Forward: 20 Page 52 of 101

53 Procedure By-law No In the event that the subject brought to the Members at a meeting by a delegation is also dealt with in any other item listed on the agenda, the Presiding Officer may call for a motion to amend the Order of Business so that the item may be brought forward for discussion at the same time as the consideration of the delegation item Questions by Members: Upon completion of a presentation by a delegation, any dialogue between Members and the delegate shall be limited to Members asking questions for clarification and obtaining additional, relevant information only. Questions from Members shall be addressed by the spokesperson to the best of their ability. Members shall not enter into debate with the delegation respecting the presentation Delegation Information Referred to Subsequent Meeting: Council will defer any decision or action on information received from a delegation to a subsequent meeting of Council Staff Reports Action Requests Tenders and Quotations All reports presented to Council as part of the agenda will be in a written format, complete with draft motion, duly signed by the Director and approved by the CAO or designate By-laws 17.1 By-laws Number: The number of every by-law being presented to Council shall be provided on the agenda at which the by-law is being considered Introduction of By-law Purpose Specified One Reading (1st, 2nd, 3 rd Inclusive): Every by-law shall be introduced by written motion, and shall be considered to have been read a first, second and third time short. At the discretion of Council, a by-law may be read a first and second time, with third reading postponed until later in the meeting, or subsequent meeting of Council Clerk Read By-law Title: The Clerk shall read the by-law title Amendment Debate on Motion: Debate shall be limited to the subject matter of the By-law. Amendments shall be made by written motion Amended By-law Passed Corrections by Clerk: After an amended by-law has been adopted by Council, the Clerk shall be responsible for its correctness should it be amended. Page 53 of

54 Procedure By-law No Reading Date Certified: When a by-law is read in Council, the Clerk shall certify upon it the number and date of reading thereof By-law Passed Deposited in Safe: Every by-law which has been passed by Council shall, immediately after being signed by the Head of Council (or acting) and the Clerk and sealed with the seal of the Corporation, be deposited by the Clerk in a secure location and scanned electronically for deposit on the server Clerk Authorized to Make Corrections: The Clerk shall be authorized to make minor corrections to any by-law resulting from technical, formatting or typographical errors provided the intent of the by-law is not changed prior to the by-law being signed Consent Agenda 18.1 Consent Agenda - Request to Separate: Should a Member wish to discuss any matter listed under the Consent Agenda, the Member shall ask immediately when the Presiding Officer calls Any Amendments, Deletions or Corrections to the Order of Business / Agenda, at which time a Member shall request that the item be separated and dealt with under its regular section. A Member, if possible, shall notify staff in advance of their wish to separate an item in detail from the consent agenda. 19. Receiving Committee Reports 19.1 Committee Report Councillors: All Councillors shall have the opportunity to report on their County related activities that have occurred since the last Council Meeting or will be occurring before the next Council meeting; or to report on issue(s) currently under debate by the Committee(s) they are a Member of. 20. Key Information 20.1 Key information Reports: Key Information Reports may be provided to Council as information items or to facilitate further discussion/action at a subsequent meeting Motions and Notices of Motions 21.1 Notices of Motion: Notice of all new motions, except motions listed in Rules of Debate, shall be given in writing and delivered to the Clerk at least ten (10) working days, preceding the date of the meeting at which a motion is to be introduced. The motion shall be printed in full in the agenda for that meeting of Council and each succeeding meeting until the motion is considered or otherwise disposed of. The motion shall be submitted to the Clerk in writing over the signature of the mover and seconder and shall be complete and correct. 22 Page 54 of 101

55 Procedure By-law No Dispensing with Notice: Any motion may be introduced without notice if Council, without debate, dispenses with notice on the affirmative vote of at least a simple majority of Members present and voting Seconding a Motion: A motion must be formally seconded before the Presiding Officer can put the question or a motion be recorded in the minutes Presentation of Motion by Presiding Officer: All motions shall be presented to Council in writing, and after being read by the Clerk, shall be restated by the Presiding Officer before debate Ultra Vires: A motion in respect of a matter which is beyond the jurisdiction of Council shall not be in order Amendment: A motion to amend (i) shall be presented in writing; (ii) shall receive disposition of Council before a previous amendment or the question; (iii) shall not be further amended more than once, provided that further amendment may be made to the main question; (iv) shall be relevant to the question to be received; (v) shall not be received proposing a direct negative to the question; (vi) may propose a separate and distinct disposition of a question; (vii) shall be put in the reverse order to that in which it is moved Motion to Adjourn: A motion to adjourn (i) shall always be in order except as provided by these rules; (ii) when resolved in the negative, cannot be made again until after some intermediate proceedings shall have been completed by Council; (iii) is not in order when a Member is speaking or during the verification of a vote Voting on Motions Questions Stated: Immediately preceding the taking of the vote, the Presiding Officer may state the question in the form introduced, and shall do so if required by a Member. He/she shall state the question in the precise form in which it will be recorded in the minutes. Page 55 of

56 Procedure By-law No No Interruption after Question: After a question is finally put by the Presiding Officer no Member shall speak to the question nor shall any other motion be made until after the vote is taken and the result has been declared Unrecorded Vote: The manner of determining the decision of Council on a motion shall be at the discretion of the Presiding Officer and may be by voice, show of hands, standing or otherwise Recorded Vote: When a Member requests a recorded vote, all Members must vote in alphabetical order, unless otherwise prohibited by statute. The names of those who voted for and against shall be noted in the minutes. The Clerk shall announce the results. A request for a recorded vote can only be made immediately before or after the taking of the vote Member Does Not Vote: If any Member, when a question is put, does not vote, he/she shall be deemed as voting against the motion, except where he/she is prohibited from voting by statue, or is the Presiding Officer Member Disagrees with Announcement of Vote: If a Member disagrees with the announcement of the Presiding Officer that a question is carried or lost he/she may, but only immediately after the declaration by the Presiding Officer, appeal the declaration and request that a recorded vote be taken Conflict of Interest: Pursuant to the Municipal Conflict of Interest Act, a Member who has a conflict of interest on a matter to be reviewed by Council shall disclose such interest at the beginning of the meeting. Such disclosures of interest shall be made publicly and shall be recorded in the minutes by the Clerk Vote by Secret Ballot: No vote shall be taken by ballot or by any other method of secret voting, except as provided for in the Act, as amended, or as provided in Section 2 of this By-law Receiving Correspondence, Petitions and Other Communication 22.1 Correspondence Signed Legible Public: (i) All correspondence addressed to Councillors shall be considered public information, except as prohibited by legislation;. Page 56 of

57 Procedure By-law No (ii) All correspondence addressed to Councillors (letter, petition, resolution, or other communication) shall be legible, signed by the author(s) and include a return address. Correspondence that does not include the above or that includes any illegible or defamatory allegations or derogatory remarks shall not be included on the agenda or responded to Correspondence Circulated Agenda: (i) The Clerk shall include on the agenda of Council any correspondence addressed to all Councillors; (ii) Correspondence addressed to a single Councillor shall be provided to the Clerk for distribution, at the discretion of that Councillor General information: General information addressed to Council shall be listed on Council agenda and subsequently circulated with a Correspondence Cover Sheet to Members of Council at the Council meeting. Members shall indicate on the Correspondence Cover Page any item(s) they wish brought forward for consideration, and the Clerk shall include same on the next Committee of the Whole agenda for review Correspondence/Petition - Submission Prior to 12:00 p.m. (Noon): Every petition, letter or other written communications shall be deposited with the Clerk not later than 12:00 p.m. (noon) ten days (not including weekends or holidays) before the date of the Council meeting in order that it is included on the agenda Correspondence Late Submission Consideration Urgent Matter Only: A petition, letter or written communication that is received by the Clerk later than 12:00(noon) ten days (not including weekends and holidays) prior to the regularly scheduled Council meeting may be brought before Members, if in the Clerk s opinion, the matter is urgent Miscellaneous Business Council Meeting: 23.1 Member Notice Council To go Next Committee of the Whole meeting: A notice of a New Item being brought before Council shall not be debated and shall be referred to the next Committee of the Whole or Council meeting for discussion and recommendation to Council Urgent Immediate Action Required: New items of an urgent nature may be considered if in the opinion of Council they require an immediate decision. Page 57 of

58 Procedure By-law No Unfinished Business The items set out in the agenda which have not been disposed of, shall be included in a subsequent agenda under Unfinished Business Closed Session The Closed Session portion of the Council meeting will be held in accordance with s. 239 of the Act Closed Meeting Investigation If, an investigation of a closed meeting is completed, the investigator s report will be considered by Council and a resolution will be passed to address recommendations resulting from the investigation Ratification By-law/By-law to Confirm Proceeding of Council A by-law to confirm the proceedings and reports of Council at its meetings held in the previous month shall be presented. Such by-law shall confirm any motion, resolution and other actions passed or taken by Council at the meetings indicated therein. 27. Adjournment 27.1 Adjournment Motion At Request of Presiding Officer: In a meeting a standard motion to adjourn shall be in order at the request of the Presiding Officer Council: All regular Council meetings shall stand adjourned when Council has completed all business as listed on the Agenda. Unfinished business shall be postponed to the next regular meeting of Council Reconsideration: 28.1 A resolution, by-law or any question or matter that has previously been adopted by Council may be reconsidered by Council subject to the following: (i) a motion for reconsideration shall not be in order if Council is made aware that the question or by-law has been implemented resulting in legally binding commitments as of the date the motion to reconsider is moved; (ii) such motion must be moved by a Member who voted against the original motion; (iii) such motion must be supported by two-thirds majority vote of the Members of before the matter to be reconsidered can be debated Debate on Question Debate on the question must be confined to such matters as new information which has come forward, an error in documentation presented or incorrect statements made during the original debate. Page 58 of

59 Procedure By-law No Motion for Reconsideration A Motion for Reconsideration shall be considered lost unless the motion receives two-thirds majority of the votes of Members present and therefore no more than one motion for reconsideration of any question or by-law shall be permitted Motion for Reconsideration - Carried If a motion for reconsideration has been carried in the affirmative, no action shall be taken to carry into effect the question or by-law until that question or by-law has been presented to Council for reconsideration Reconsideration Next Council Meeting If a Motion for Reconsideration is carried in the affirmative, it shall not be in order to reconsider the subject matter of the question or by-law until the next Meeting of Council; the question or by-law being reconsidered shall be stated in the exact manner in which it was first presented and shall be subject to the Rules of debate and amendment outlined herein Reconsideration Same Council Meeting No motion passed or debated at a meeting of Council shall be reconsidered at the same meeting without consent of two-thirds of the Members Decision of Previous Council These rules do not apply when a motion pertains to a decision of a previous Council. 29. Rules of Debate 29.1 Speaking in Turn Every Member, prior to speaking to any question or motion, shall raise his/her hand and address the Presiding Officer. When two or more Members raise their hands, the Presiding Officer shall designate the Member who has the floor. No Member shall speak more than five (5) minutes on the topic Voting Every Member present at a meeting of Council, when a question is put, shall vote thereon unless prohibited by statute. When the Presiding Officer calls for the vote on a question, each Member shall occupy his/her seat and shall remain in his/her place until the result of the vote has been declared by the Presiding Officer, and during such time no Member shall walk across the room to speak to any other Member or make any noise or disturbance. Page 59 of

60 Procedure By-law No Interrupting the Speaker When a Member is speaking no other Member shall pass between him/her and the Presiding Officer or interrupt him/her except to raise a point of order Restating the Motion Any Member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking Introducing Matters and Motions without Written Notice and Leave The following matters and motions may be introduced orally without written notice. (i) a point of order or personal privilege; (ii) presentations of petitions; (iii) to lay on the table; (iv) to postpone indefinitely or to a certain day Introducing Written Motions without Notice and Leave The following motions may be introduced without notice and without leave, but such motions shall be in writing and signed: (i) to refer; (ii) to adjourn, (iii) to amend; (iv) to suspend the Rules of Procedure Decision by Presiding Officer In all unprovided cases in the proceedings of Council, the matter shall be decided by the Presiding Officer, subject to an appeal to Council upon a point of order Points of Order and Privilege 30.1 Preserving Order The Presiding Officer shall preserve order and decide questions of order Participate in Debate The Presiding Officer may leave his/her chair to participate in the debate. In this instance Members shall appoint a Councillor to act temporarily as the Presiding Officer in his/her place Final Decision by Council Council, if appealed to, shall decide the question without debate and its decision shall be final. Page 60 of

61 Procedure By-law No Conduct of Members of Council 31.1 No Member shall: No Member shall speak disrespectfully of the Reigning Sovereign, or of any of the Royal Family, or of the Governor-General, the Lieutenant Governor of any province, or any Member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario No Member shall: (i) use offensive words or unparliamentary language in or against Council or any Member; (ii) speak on any subject other than the subject in debate; (iv) criticize any decision of Council except for the purpose of moving that the question be reconsidered; (v) disobey the rules of Council or a decision of the Presiding Officer or of Council on questions of order or practice or upon the interpretation of the rules of Council Disobedience Persists In case a Member persists in any such disobedience after having been called to order by the Presiding Officer, the Presiding Officer may forthwith put the question, no amendment, adjournment or debate being allowed, "that such Member be ordered to leave his/her seat for the duration of the meeting of Council" but if the Member apologizes he/she may, by vote of Council, be permitted to retake his/her seat Within the Bar No person except Members and authorized staff shall be allowed to come within the bar during the sittings of Council without permission of the Presiding Officer or Council Disturbance While Putting the Question When the Presiding Officer is putting the question no Member shall leave or make a disturbance Code of Conduct 32.1 Code of Conduct Members shall adhere to the Code of Conduct policy as established by Council Integrity Commissioner The appointed Integrity Commissioner will report to Council and is responsible for performing in an independent manner the functions assigned by the County with respect to: (i) the application of the code of conduct for Members and the code of conduct for members of local boards or of either of them; 29 Page 61 of 101

62 Procedure By-law No (ii) the application of any procedures, rules and policies of the County and local boards governing the ethical behaviour of Member and of local boards or of either of them Policies Members shall adhere to any policies, adopted by Council, concerning the conduct of Members Suspension of Rules 33.1 Suspension of Rules: In rare instances, Council may suspend the rules of the Procedure Bylaw with a two- thirds vote of Council. In no circumstances may Council suspend any statutory procedures from the Act or any applicable legislation Amendment of By-law 34.1 Repeal: No repeal of this By-law shall be considered at any meeting of Council unless notice of intention of the proposed repeal has been given Amendments: From time to time, amendments to this By-law, or any part thereof, may be considered at any meeting of Council provided notice is given at a prior meeting of Council Severability 35.1 Provisions Severable: The provisions of this By-law are severable. If any provisions, section or word is held to be invalid or illegal, such invalidity or illegality shall not affect or impair any of the remaining provisions, sections or words Conflict: Where the terms of any By-law passed prior to this By-law conflict with this By-law, the terms of this By-law shall prevail. Page 62 of

63 Procedure By-law No Repeal By-law No is hereby repealed in its entirety Effective Date This By-law shall become effective upon the date of enactment. READ and passed in open Council, signed and sealed this 21 st day of August, WARDEN CLERK Page 63 of

64 Procedure By-law No Schedule 'A' To By-law No Responsibilities of Warden The Warden of the United Counties of Stormont, Dundas and Glengarry is one of the oldest political positions in Ontario, dating back to the incorporation of the County in Serving as Warden requires significant time commitments, often in addition to those duties and responsibilities of mayor or deputy mayor. Legislative As the Warden of the United Counties of Stormont, Dundas and Glengarry, the incumbent will exercise both statutory and executive powers. Chiefly, the Warden serves as both the Presiding Officer of County Council, and as Chief Executive Officer of the Corporation. In doing so the Warden will represent the collective will of County Council. Role of Head of Council (s. 255 of the Municipal Act, 2001): It is the role of the head of council, to act as chief executive officer of the municipality; to preside over council meetings so that its business can be carried out efficiently and effectively; to provide leadership to the council; to represent the municipality at official functions; and to carry out the duties of the head of council under this or any other Act. Head of Council as Chief Executive Officer (s of the Municipal Act, 2001): As Chief Executive Officer of a municipality, the head of council shall, uphold and promote the purposes of the municipality; promote public involvement in the municipality's activities; act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents. 1 Page 64 of 101

65 Procedure By-law No Duties and Time Commitments Below is a general guideline of time commitments a Warden may expect during their term of office. It is important to note that the majority of time commitments for County business occur during the day. General County Business and Participation on Committees It is the duty of the Warden to chair each regular meeting of County Council, and facilitate the discussion of business among County Councillors in an efficient and respectful manner. County Council typically meets 13 times per year. In addition to this, there is an inaugural meeting of County Council held each December. County Council may, from time to time, schedule a Committee of the Whole meeting to discuss one or more items of business. On average, the Warden may expect to attend four Committee of the Whole meetings during their term of office. From time to time, County Council may strike ad hoc committees to examine a particular issue and bring forward recommendations for approval. Typically, the Warden will serve on each ad hoc committee. On average an ad hoc committee will carry out its duties over a two to three month period, and will meet three to four times to discuss committee business. These meetings usually last two hours each. Informal meetings with the CAO, County Clerk and other staff occur regularly. It is common for telephone conversations to occur between the Warden and CAO every other day, and for the Warden to typically visit the County Administration Building once per week. Above and beyond these time commitments, the Warden serves on the Joint Liaison Committee for shared services with the City of Cornwall. This committee typically meets four times per year. The Warden may also choose to serve on one or more of the County's agencies, boards and commissions, such as the SD&G Police Services Board. These responsibilities do not take into account any other agencies, boards, or commissions the Warden may already serve on through their capacity as a County Councillor. 2 Page 65 of 101

66 Procedure By-law No As issues or initiatives arise, the County may wish to request delegations with federal or provincial ministries. This typically occurs at annual conferences, such as the OGRA/ROMA Combined Conference and/or the Association of Municipalities of Ontario Conference, which are both held annually. In such an instance, the Warden will lead each delegation on behalf of County Council and the Corporation. The Warden may also be asked to attend delegations in support of a local municipality as well. Special Events Each year, the County will receive numerous requests for the Warden to attend special events. Special events include community fairs, breakfast and dinner events, networking functions, charity fundraisers, etc. Attendance at special events is at the discretion of the Warden. The Warden also hosts three important County events each year: the Warden's Curling Bonspiel; The Warden's Golf Tournament; and the Warden's Banquet. On average, the Warden may expect to attend between special events per term. Presentations and Ceremonies From time to time, the Warden may be required to make formal presentations to other municipal councils, such as the City of Cornwall or a local municipality. The Warden may also be requested to attend other ceremonies, such as cheque presentations, or to provide formal remarks on behalf of the County. On average, the Warden may expect to attend 8-10 presentations and ceremonies during their term of office. Eastern Ontario Wardens' Caucus Residents of Stormont, Dundas and Glengarry are represented beyond the County through the Eastern Ontario Wardens' Caucus (EOWC). The EOWC is a group of 13 member municipalities in eastern Ontario. Its purpose is to advocate for various policies and programs, and raise awareness at senior levels of government regarding common challenges faced by the region. On average, the Warden can expect to spend four days per term on the above duties. Meetings are held throughout eastern Ontario, often requiring significant travel the day before scheduled meetings. The Warden also has the opportunity to seek endorsement from members of the EOWC to serve as Chair or Vice Chair. 3 Page 66 of 101

67 Procedure By-law No Conferences Each year the Warden may attend up to three conferences. Typically, two of these conferences include the OGRA/ROMA Combined Conference, and the annual AMO Conference. It is generally the expectation that the Warden attend both the OGRA/ROMA and AMO conferences for delegations organized by the County and/or the EOWC. Total Time Commitments Based on the general guideline of time commitments, the incumbent may expect to spend, at a minimum, approximately days carrying out official duties as Warden. 4 Page 67 of 101

68 Procedure By-law No Schedule "B" To By-law No Council Appointments to Committees Joint Liaison Committee: Warden, Past Warden or in his/her absence, Councillor* with the most experience on County Council, and two other Councillors. Library Board: Three Councillors and the Warden or designate. Police Services Board: One Councillor and the Warden or designate. Board of Health - Eastern Ontario Health Unit: One Councillor and the Warden or designate. Glen Stor Dun Lodge: One Councillor and the Warden or designate. Cornwall and Area Housing: Two Councillors. Eastern Ontario Water Resources Committee: One Councillor. St. Lawrence River Institute of Environmental Sciences: One Councillor. Raisin-South Nation Source Water Protection Committee: One Councillor. Municipal Advisory, Algonquin Land Claim: One Councillor. *Councillor means a Mayor, Deputy Mayor, or appointed pursuant to Section 259 of The Municipal Act, R.S.O., 2001, of a local municipality serving on County Council. Page 68 of 101

69 Driveway By-law UNITED COUNTIES OF STORMONT, DUNDAS & GLENGARRY To: Date of Meeting: Subject: Relevance to priorities: ACTION REQUEST TPS Warden and Members of Council August 21, 2017 Driveway By-law All RECOMMENDATIONS: THAT By-law 5122, being a By-law to regulate entrances and ditches along County Roads, be read and passed in Open Council, signed and sealed AND THAT By-law 4676 and Policy 2-2 (Piping and Filling of Ditches) be hereby rescinded. EXECUTIVE SUMMARY: The attached By-law will supersede both the existing entrance by-law and piping and filling of ditches policy. The proposed By-law generally consists of housekeeping items that reflect current methods and good construction practices. BACKGROUND: At the July meeting of Council, staff presented the draft entrance by-law to Council. The proposed By-law was generally well received, however there were a few concerns noted by Council. The following is a summary of the changes being made (when compared to the current Entrance By-law) 1. Definitions This section has been expanded to include several other pertinent definitions contained within the By-law 2. Classification of Entrances Field Entrances Staff have received many comments that the field entrance was too small for modern farm equipment (throat width was 5.5m). Accordingly, staff are recommending that this definition be deleted, and, the definition for farm entrances be expanded to include field entrances. Page 69 of 101 Page 1 of 4

70 Driveway By-law Based on feedback received from Councillor Duncan at the last meeting, staff have also included the following: e) When an entrance is reclassified, the entrance shall conform with the minimum standards of the newly designated use per Section 9. In instances where the classification is changing from a greater standard to lesser standard, the Director shall have the discretion to determine the necessary improvements required to issue a permit for the reclassification. 3. Issuance of Entrances The proposed By-law has been revised to include several different sections. The Issuance of Entrances section is new, and covers matters related to the preparation and submission of the application. The items identified within this section highlight the current process that is followed when issuing permits. Most of these items were stated in the existing By-law and ditch filling policy and are now organized into a complete section. 4. Restrictions - Entrances New items within the Restrictions section include the following: - Clearly noting that only one entrance is permitted per lot (notwithstanding auxiliary farm entrances and supplementary commercial entrances) and noting that additional entrances can be removed to comply with the Bylaw; - Identifying when shared residential entrances can be permitted (physical and/or safety constraints, same use and purpose, legal framework in place); - Clearly noting that any change of use of a property requires a permit; 5. Restrictions Ditch Filling This is a new section that captures restrictions associated with ditch filling. As noted in the July meeting, staff will now retain full authority to approve ditch filling (Council will no longer be the approval authority for ditch filling in settlement areas). 6. Work within Municipal Drains Municipal Drains are considered as local municipal infrastructure. Occasionally, a resident needs to cross a drain to access a County Road. Accordingly, this section captures the roles and responsibilities of the resident, local municipality and the County as it pertains to access across Municipal Drains. 7. Maintenance This section describes the maintenance responsibilities of the County and local residents as it pertains to entrances. It is consistent with the existing By-law. Page 70 of 101 Page 2 of 4

71 Driveway By-law 8. Obstruction of Ditches and Watercourses This section captures the recourse associated with the obstruction of ditches and watercourses. The former entrance By-law had similarly worded requirements. 9. Standards This section is new, and provides detailed information about pipe materials, standard lengths and construction standards associated with entrances. Generally, these standards are applied within the permit; however, it is believed that this section will assist residents in planning and pricing the entrance project and demonstrate that the County is consistent in its standard requirements. 10. Inspections, Offence and Penalty Provisions This section speaks to the requirement for the County to inspect and approve the installation, and, the recourse associated with not satisfactorily completing the installation correctly. Entrances and the County Official Plan Although not directly related to the driveway By-law, Council did question the need for the spacing requirements in the Official Plan, and, how SDG s Official Plan policies compared to other jurisdictions. This information is provided for Council in a separate Key Information Report. OPTIONS AND DISCUSSION: 1. Approve the By-law. Although the proposed changes contained within the proposed By-law do not fundamentally alter how County staff administer and control entrances, the changes summarize current practices and policies and will be of greater use to customers seeking a new entrance. Further, the proposed changes streamline how to go about ditch filling. This option is recommended. 2. Do not approve the By-law. Not recommended. FINANCIAL ANALYSIS: The proposed By-law will not financially impact the County as compared to current practices. In the near future, staff will be revisiting its fees to administer all its permits to ascertain if the Department continues to recover appropriate costs. LOCAL MUNICIPAL IMPACT: - N/A only impacts County Roads Page 71 of 101 Page 3 of 4

72 Driveway By-law OTHERS CONSULTED: - United Counties of Prescott Russell ATTACHMENTS: - Proposed By-law 5122 RECOMMENDED BY: REVIEWED & APPROVED BY: Page 4 of 4 Page 72 of 101

73 Driveway By-law THE CORPORATION OF THE UNITED COUNTIES OF STORMONT, DUNDAS AND GLENGARRY BY-LAW NO A BY-LAW to regulate the installation and usage of entranceways and pipes and to prohibit the obstruction of certain drains. WHEREAS Part II Section 11 Table of The Municipal Act, R.S.O. 2001, assigns the whole sphere of Highways to Upper Tier municipalities that have highways, and WHEREAS Part II Section 11 Table of Municipal Act R.S.O assigns collection of storm water and other drainage from land to Upper Tier Municipalities, and WHEREAS it is deemed expedient to regulate the installation and use of entranceways and pipes over ditches and water courses upon or providing outlet to any highway forming part of the County Road System of the Corporation of the United Counties of Stormont, Dundas and Glengarry and to protect the outlet of these ditches and watercourses. NOW THEREFORE the Council of the Corporation of the United Counties of Stormont, Dundas and Glengarry enacts as follows: 1. That the installation and usage of entranceways and pipes conform to the requirements set out in Schedule A of this By-law. 2. That By-law 4676 and Roads Policy 2-2 be hereby rescinded 3. That this By-law come into force and effect on the passing thereof. READ and passed, signed and sealed in open Council this 21st day of August WARDEN CLERK By-law No Page 1 Page 73 of 101

74 Driveway By-law SCHEDULE A TO BY-LAW 5122 THE REGULATION OF ENTRANCES AND PIPED DITCHES 1) Definitions: a) entrance means any driveway, laneway, private road, entrance or other structure or facility constructed or used as a mean of access and/or egress to and/or from a highway under the jurisdiction of the Corporation, herein defined as a County Road; b) front yard ditch filling means the tiling and covering or filling in, of a County roadside ditch, in front of the property for the purpose of improving a lawn or another frontage; c) Corporation or County means the Corporation of the United Counties of Stormont, Dundas and Glengarry; d) applicant means any person, group or corporate body who applies to the Corporation for permission to construct an entrance or complete a front yard ditch filling; e) Director means the Director of Transportation and Planning Services of the Corporation of the United Counties of Stormont, Dundas and Glengarry appointed to administer and manage the provisions of this by-law and includes their authorized staff. 2) Classification of Entrances: a) Public Entrance means an entrance opening onto a County road from a public road, street or highway or other thoroughfare, maintained by a municipality or other authority; b) Residential Entrance means an entrance opening onto a County Road from one or more residential dwelling units where there is no common parking area; c) Commercial Entrance means an entrance opening onto a County Road from a property used for commercial, industrial or institutional use or a combination thereof and includes residential properties such as apartments, townhouse developments and other multiple dwelling unit developments having common parking areas; d) Farm Entrance means an entrance opening onto a County Road from a farm, field, bush, or other agricultural use. e) When an entrance is reclassified, the entrance shall conform with the minimum standards of the newly designated use per Section 9. In instances where the Page 74 of 101

75 Driveway By-law classification is changing from a greater standard to lesser standard, the Director shall have the discretion to determine the necessary improvements required to issue a permit for the reclassification. f) Temporary Entrance means an entrance opening onto a County Road that will be used for a limited period not to exceed 6 months to permit construction or other short term access. 3) Issuance of Permits a. No person, group or corporate body shall construct, alter or change an entrance or the classification (use) of an entrance or shall proceed with the filling or alteration of a front yard ditch adjacent to a County Road, until they have obtained a permit and paid the prescribed fees. b. Each application for a permit shall be made on the form provided by the County, available at the County Administration Building and on the County website. c. All applications are to be completed and delivered or mailed to the office of the County c/o the Department of Transportation and Planning Services, with the applicable application fee and location sketch. d. The sketch submitted with an entrance permit application must provide enough information to enable staff to locate the entrance in the field (e.g. dimensions to buildings and/or landmarks such as fences, hedgerows, tree lines, property lines, etc.) In addition, the applicant shall stake out or suitably mark the location of the proposed entrance for inspection by County staff e. The installation permit shall be issued on behalf of the County and subject to the terms and conditions provided herein and shall be valid only upon the completion of the terms and conditions contained therein f. The cost of construction or alteration of all entrances or front yard ditch filling, including the construction of catch basins, curbs, gutters, sidewalks, islands, granular, pipes, vegetation or other necessary appurtenances shall be borne entirely by the applicant g. The issuance, modification, revision or renewal of a permit shall be subject to the prescribed fee. h. New residential lots proposed through severance will not be granted an entrance permit unless the driveway spacing conforms with the conditions identified within the County Official Plan. i. In the event that an entrance or front yard ditch filling has not been Page 75 of 101 2

76 Driveway By-law constructed or installed in accordance with the Permit, it shall be removed by the applicant upon written direction issued by the Director. Failure to do so will result in the removal by the County at the expense of the applicant. j. When requested, the application for a permit shall be accompanied by proof of ownership of the subject property, in a form satisfactory to the Director. k. The contractor engaged to perform the work by the owner shall provide and maintain Comprehensive/ Commercial General Liability insurance acceptable to the Director prior to and during the installation of the works. l. Where the applicant wishes to construct an entrance, or undertake a ditch filling, the Director shall determine the size, location and mode of construction of the culvert, bridge, pipe or other structure to be used in the construction of the works. The permit will state these requirements and any other special provisions deemed necessary on the permit issued to the applicant. m. The construction of an entrance or a front yard ditch filling, in accordance with the specifications established shall be completed within twelve (12) months from the date of issuance of the installation permit. The Director may, in their sole discretion, renew or extend any permit issued under this by-law at no charge to the applicant. n. The applicant or their contractor shall notify the County representative indicated on the permit at least 48 hours prior to commencement of construction of the entrance or filled-in ditch. Work cannot commence until the County authorizes the start. o. Entrance or ditch filling applications that do not conform to this by-law shall be denied and the applicant shall be so informed in writing within five days of the Director s decision. A person who wishes to appeal a decision of the Director made pursuant to this by-law may appeal the Director s decision in accordance with the following: i. County Council may authorize exceptions to this by-law on a caseby-case basis. The fee to make a request for exception shall be in accordance with the County s User Fee By-law, as amended from time to time. A written summary of the request for exception and /or presentation must be submitted to the Clerk of the County in accordance with the County s procedural by-law. 4) Restrictions - Entrances a. Each entrance onto a County Road must be designed, constructed and Page 76 of 101 3

77 Driveway By-law maintained in a manner that will prevent surface water from adjoining properties being discharged via the entrance onto the shoulder or travelled portion of the County Road b. Where an alternate means of access is available, either by connection to the local road or a joint mutual entrance serving more than two properties; direct access onto the County road system will be denied. c. Entrances shall conform to the standards defined in Part 9 of this By-law. d. An entrance will not be permitted in a location that in the opinion of the Director would cause a traffic hazard. The applicant may be required to obtain a survey and/ or Engineering review to demonstrate that safe access to the County Road system is possible. e. A maximum of one entrance may be approved for each lot. Additional entrances shall not be permitted unless they are auxiliary farm entrances used solely for agricultural purposes. Secondary commercial entrances may also be approved provided the applicant demonstrates the need for this auxiliary entrance at the sole discretion of the Director through a traffic study or site circulation plan. f. No new (additional) entrance permits shall be granted to existing lots which have an existing approved entrance whether shared or otherwise onto a County Road. Should a lot have more than one entrance, the Director, in their sole discretion, reserves the right to require the removal of as many entrances as required to comply with the provisions of this By-law. g. Shared residential entrances are discouraged and only considered if individual entrances are not possible due to physical and/or safety constraints above and beyond the spacing requirements identified in the County Official Plan. Permits may be issued for new shared residential entrances provided that: i. the main buildings have the same use and qualify for the same entrance standard; ii. a legal framework is established to secure adequate access rights for all properties making use of the shared residential access; iii. all other requirements of this by-law are satisfied. h. When an entrance is to be changed, or altered or where the property is used for any purpose other than its original use, a permit shall be required and the installation must comply and be subject to all the provisions set out in this by-law. i. No permanent entrances are to be installed between December 1 st and April 15 th unless a specific exemption is issued by the Director Page 77 of 101 4

78 Driveway By-law 5) Restrictions Ditch Filling a. Each front yard ditch filling onto a County Road must be designed, constructed and maintained in a manner that will accept surface water from the County road and prevent surface water from adjoining properties from being discharged onto the travelled portion of the County road. b. All permitted ditch filling is done at the applicant s risk with no guarantee of continued right of use. 6) Work within Municipal Drains a. In instances where the entrance or ditch filling occurs within a Municipal Drain, the applicant will be required to obtain approval from the Drainage Superintendent and other applicable authorities prior to applying for an entrance permit. b. Any new pipes or works installed within Municipal Drains and their subsequent maintenance, repairs, alterations, replacements, surface repairs etc., shall be the responsibility of the property owner. Work shall take place in accordance with provisions noted within the Drainage Act. 7) Maintenance a. Property owners having access to a County Road are solely responsible for the original installation and continued surface maintenance of the entrance, including but not limited to the removal of snow and ice, keeping the portion of the access within the right-of-way in a safe condition for vehicular traffic, except in instances where the surface deficiency is a result of a pipe deficiency. Any pipe or structure installed under the terms of this by-law shall become property of the County and can be modified, removed or upgraded when deemed necessary. b. Any existing front yard ditch filling or any front yard ditch filling installed under the terms of this by-law shall be the property of the County upon acceptance of the work. All subsequent maintenance, repairs, alterations, surface repairs etc., shall be the responsibility of the County. All works installed under the terms of this by-law can be modified, removed or upgraded when deemed necessary. c. Head walls, retaining walls or structures (i.e. pillars, timber/railway tie/ block/ stone/ brick walls or any other type of material) at culverts shall not be permitted within the County road allowance. These shall be removed by the applicant upon written direction issued by the Director. The County will not be responsible for replacing any structures connected with any entrance Page 78 of 101 5

79 Driveway By-law while doing any maintenance work within the road allowance. d. Where an existing entrance is affected by the reconstruction of a County Road or the reconstruction or cleaning of a ditch, the County shall reinstate, entrances at the County s cost, to the current standards applicable under this by-law. Restoration of surfaces will be with gravel (for non-paved entrances) or asphalt (for any hard-surfaced entrance). Reinstatement will be limited to the area physically disturbed during the work. Concrete and paver stone surfaces will not be replaced by the Counties. 8) Obstruction of Ditches and Watercourses a. No person shall obstruct any ditch, drain, watercourse or culvert either situated on or adjacent to a County road or any ditch, drain, watercourse or culvert providing an outlet for water discharged from a County road b. Any person found to be obstructing a drain, ditch, watercourse or culvert, shall, when requested by the County to do so, remove the obstruction within such time as is reasonable having regards to all circumstances but, in any event, within twenty-four (24) hours, and in default thereof, same shall be done by the County at the person s expense. 9) Standards a. Pipes: i. The diameter, gauge, length and type of pipe to be used to convey surface water drainage either through an entrance or a front yard ditch filling shall be determined by the Director based on contributing drainage area and other factors deemed appropriate during the analysis. ii. Material: Entrances: New aluminized corrugated steel pipe with a minimum wall thickness of 1.6 mm for pipes size up to 1,200 mm or high-density polyethylene (HDPE) at 320 kpa minimum stiffness. The wall thickness for corrugated steel pipes with a larger diameter than 1,200 mm shall be evaluated on a case by case basis. Ditch filling: Perforated high-density polyethylene (HDPE) at 320 kpa minimum stiffness and approved fittings / couplers. Page 79 of 101 6

80 Driveway By-law b. Surface Widths: i. Public Entrance: Per Engineer s design approved by the County ii. Residential Driveway: 5.0m iii. Commercial Entrance: Per Ministry of Transportation Ontario Commercial Site Access Standards (CSAS) or approved Engineer s design iv. Farm Entrance: 6.0m v. Temporary Entrance: Varies based on requested use c. Culverts shall be installed at the proper grade to provide free and unimpeded flow of water through the culverts. d. The culvert shall be centred on the entrance and in the ditch line unless otherwise approved by the Director. e. Finished surface grading is to be completed per the requirements of the permit. Applicants may be required to submit a site grading plan depicting the existing topography and proposed site grades and cross sections at the discretion of the Director. f. Entrances are not permitted within 50 metres of, or across, a day lighting triangle, acceleration, deceleration, passing lane, intersection or at grade rail crossing; g. Entrances are not permitted within 50 meters of a structure such as bridges or guiderail that may obstruct the vision of traffic using an adjacent entrance and traffic on the County Road approaching the entrance. h. Ditch filling will not be permitted within areas where snow storage cannot be achieved. Page 80 of 101 7

81 Driveway By-law i. The minimum sight distance for new residential entrances shall be: Minimum Sight Distance - Residential Speed Limit km/h Flat less than 3% (metres) Sight Distance (m) On a grade 3 % or greater (metres) j. The minimum sight distance for new commercial/ farm / field entrances shall be: Minimum Sight Distance Commercial and Agricultural Related Speed Limit km/h Sight Distance ) Inspections, Offence and Penalty Provisions a. A field inspection may be carried out by County staff upon commencement and/or completion of the entrance b. The County may require that modifications be performed if the installation of the Entrance does not conform to the plans, specifications and permit conditions. c. In the event that modifications are required, the County shall provide written Page 81 of 101 8

82 Driveway By-law notice of the modifications to the applicant at the applicant's address as shown on the entrance permit application. The applicant shall carry out the required modifications within 45 days of the date of the written notice and is responsible for the cost of the inspection and any modifications required. d. Any person who contravenes the provisions of this by-law is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act and to any other applicable penalties. e. If this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. f. Each day of default by the owner in complying with any of the provisions of this by-law shall constitute a separate offence. g. This By-Law is subject to and in furtherance of The Drainage Act, R.S.O., 1990, Chapter D.17 as amended. Page 82 of 101 9

83 Finalize Surplus Land Sale UNITED COUNTIES OF STORMONT, DUNDAS & GLENGARRY To: Date of Meeting: Subject: Relevance to priorities: ACTION REQUEST TPS Warden and Members of Council August 21, 2017 Finalize Surplus Land Sale 3 - Inventory of Infrastructure RECOMMENDATION(S): THAT Council confirm the property declared surplus to the needs of the County by Resolution No is the property legally identified as Parts 1 and 2 on the attached draft reference plan; AND THAT Council approve the sale of the land to Owner of and County Road 2 for the appraised value of $22,500 plus applicable taxes. AND THAT By-law No. 5123, being a By-law to stop up and close Parts 1, and 2 on the attached draft reference plan within Part of Lot 5, Concession 1 Indian Lands,, Geographic Township of Charlottenburgh, Township of South Glengarry, be read and passed in Open Council signed and sealed EXECUTIVE SUMMARY: This action request will finalize the sale of the surplus property necessary for the homeowner to re-develop the existing structures located at and 18388, County Road 2. BACKGROUND: At the July meeting of Council, the property was declared surplus to County needs, paving the way for the sale and redevelopment of the existing structures on the current footprint. Since the July meeting, staff have been working with the landowner to complete the following tasks: 1) Secure an independent appraisal of the property to establish a fair market value. This appraisal was completed by Enns, MacEachern, Pace, Maloney, and identified the fair market value to be $22,500. 2) Complete a Reference Plan identifying the surplus portions. Considering that the landowner was already working with an Ontario Land Surveyor, the County worked with the landowner to complete the reference plan Page 83 of 101 Page 1 of 2

84 Finalize Surplus Land Sale 3) Completing the necessary legal review and preparatory work. Following Council s final approval of the sale, staff will be able to finalize the transfer of the land. OPTIONS AND DISCUSSION: 1. Approve the sale of the land and pass the By-law. This action is necessary to complete the work. This option is recommended. 2. Do not approve the sale of the land. FINANCIAL ANALYSIS: Per the County s sale of surplus land policy, the owner is held responsible for the costs associated with the land appraisal, creation of the reference plan and legal review, deed preparation and execution. Further, the owner is required to pay the full market value of $22,500 plus applicable taxes to the County. Ultimately, the sale of this surplus land has not resulted in any undue expense within the Department. LOCAL MUNICIPAL IMPACT: Staff have informed the Township of South Glengarry in regards to this sale. OTHERS CONSULTED: - Enns, MacEachern, Pace, Maloney - Kim Adams, OLS - Allinotte Law Office ATTACHMENTS: - By-law 5123 (stop up and close road) - Draft reference plan (prepared by K. Adams, OLS) RECOMMENDED BY: REVIEWED & APPROVED BY: Page 2 of 2 Page 84 of 101

85 Finalize Surplus Land Sale THE CORPORATION OF THE UNITED COUNTIES OF STORMONT, DUNDAS AND GLENGARRY BY-LAW NO A BY-LAW to stop up and close a highway. WHEREAS Sections 9, 1 and 34 of the Municipal Act, 2001, S.O. Chapter 25, as amended, enable a municipality to pass by-laws permanently closing highways; AND WHEREAS it is deemed expedient to stop up and close a highway known as shown as Parts 1 and 2 on the draft Reference Plan (attached), part of the Road Allowance, Part of Lot 5, Concession 1, Indian Lands, Geographic Township of Charlottenburgh, Township of South Glengarry. AND WHEREAS the property was declared surplus to the needs of the County by Resolution No NOW THEREFORE the Council of the Corporation of the United Counties of Stormont, Dundas and Glengarry enacts as follows: 1. That the lands described as Part 1 and 2 as shown on the attached draft reference plan within the road allowance within Part of Lot 5, Concession 1, Geographic Township of Charlottenburgh, Township of South Glengarry, County of Glengarry, be hereby stopped up and closed. 2. A copy of this by-law shall be registered in the Registry Office for the Registry Division of Glengarry. 3. That this By-law come into force and effect on the passing thereof. READ and passed, signed and sealed in open Council this 21st day of August WARDEN CLERK By-law No Page 1 Page 85 of 101

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87 Page 87 of 101 Correspondence-Indigenous and Northern Affairs

88 Page 88 of 101 Correspondence-Indigenous and Northern Affairs

89 Page 89 of 101 Correspondence -S. Jones, MPP, Dufferin-Caledon

90 Page 90 of 101 Correspondence-Upper Canada District School Board

91 Page 91 of 101 Correspondence-Upper Canada District School Board

92 Page 92 of 101 Correspondence SDG Highlanders Regimental

93 CORPORATE SERVICES - Committee of the Whole Meeting KEY INFORMATION REPORT CORPORATE SERVICES August 21, 2017 SUBJECT: Committee of the Whole Meeting BACKGROUND: Staff have several items they would like to discuss with Council in a Committee of the Whole setting. These include an interim IT Strategic Plan, Library Facility Model, Community Improvement Planning, and the draft 2018 Transportation and Planning Services Dept. budget. As there are no set dates for Committee of the Whole meetings, staff propose September 14, 21, or 28. COMMENTS/OBSERVATIONS: Respectfully submitted. Page 93 of 101 Page 1 of 1

94 TRANSPORTATION AND PLANNING - Forest Promotion and Naming KEY INFORMATION REPORT TRANSPORTATION AND PLANNING August 21, 2017 SUBJECT: Forest Promotion and Naming BACKGROUND: In July 2016, staff brought forward a strategic planning report for the County Forests. The promotion of County forest assets via naming and signage as a short-term goal was well received. The County s properties currently have numbered descriptions used by County and forestry staff. These numbers work well for tracking timber harvest and permitting, but are of no value to the public. During the 2016 Roads Tour, it was noted that some of the more prominent forest properties should be named (similar to Warwick, Summerstown, and Riverside Forests). Suggestions were put forward to select names that honor local citizens, Past Wardens, notable historical figures, or sponsorships. COMMENTS/OBSERVATIONS: Staff have pre-screened suitable properties based on size, frontage on open roads and other unique properties and are prepared to move forward with a small subcommittee to determine naming and other promotional opportunities for these forests. It is recommended that this committee include the Warden, an interested Councillor, a County staff member and a South Nation forestry staff member. It is expected that the subcommittee would meet two to three times over the next two months to develop a set of proposals. Some funds have been set aside in the 2017 to begin erecting signage. Staff are looking for Council support regarding the aforementioned process, and are seeking interested members to assist with this subcommittee. Respectfully Submitted. Page 94 of 101 Page 1 of 1

95 TRANSPORTATION AND PLANNING - Official Plan Driveway Spacing Clauses KEY INFORMATION REPORT TRANSPORTATION AND PLANNING August 21, 2017 SUBJECT: Official Plan Driveway Spacing Clauses BACKGROUND: Per Council s request at the July meeting, the following is provided as information regarding driveway spacing policies/clauses within SDG s Official Plan. Technical Basis for Limiting the Number of Residential Driveways The following is a summary of literature review of widely accepted Engineering guidelines as it relates to entrances onto higher volume/high capacity roads. National Association of County Engineers (Action Guide Series) - Accidents increase in direct proportion to the number of driveways. Emphasis [should be] placed on limiting the number of driveways entering a County road; - [Counties] should make an effort to eliminate these hazards. Highway Safety Manual (American Association of State Highway and Transportation Officials) - Accesses are considered to pose the same risks as an intersection; - Intersections increase the complexity of the driving task because drivers are required to control, guide and navigate vehicles (turning, looking at conflicts, reading road names/ civic addresses, making decisions); - [Driveways] place high demands on drivers in terms of visual search, gap estimation and decision making, which increases the potential error; - It is beneficial to reduce the risk where possible (i.e. consolidate and/ or eliminate or restrict driveways/ access); Transportation Association of Canada (TAC) Geometric Design Guidelines - Arterial roads primarily provide for movement of through traffic, collectors provide for both movement and access, local roads provide for access (primarily); - Arterial and, to a certain extent, collector roads are expected to have uninterrupted traffic flow characteristics; Page 95 of 101 Page 1 of 3

96 TRANSPORTATION AND PLANNING - Official Plan Driveway Spacing Clauses - The primary objective of access control is to provide safe and orderly access consistent with functional and operational requirements of the road; - Access control and land use controls are complimentary functions which call for close coordination of transportation and planning as the road network should preserve the ability to meet the traffic needs; - The elimination of unexpected events and separation of decision points simplifies the driving task ; - Studies demonstrate that there is a strong relationship between access control and collision rates (collisions increase as frequency of access increases) o Collision and fatality rates with full control of access are ½ of that of rural roads with no access control; - For rural arterial roads, a limit of one entrance per 400m is desirable - New private accesses should not be allowed where one presently exists in a 400m section and access via a local road should be encouraged. Joint use of existing access should be considered; - For rural collectors, if development is bordered by two roads, access should be to the lower classification road; - No more than one access per 400m is desirable, but some situations may warrant a maximum of two; - The distance between rural accesses should be at least 150m. Utilizing joint accesses should be considered; - Attempts should be made to remove all redundant field accesses. Summary of Official Plan Clauses from Other Jurisdictions Prescott Russell - The County road system is separated into three categories (primary artery, major collector and minor collector) - No residential severances with direct access are permitted on primary arterial roads (except for surplus farm dwellings as a result of farm consolidations); - No residential severances with direct access are permitted on major collector roads (except for surplus farm dwellings as a result of farm consolidations or in settlement areas); - Residential severances with direct access are strongly discouraged on minor collector roads (except for surplus farm dwellings as a result of farm consolidations or in settlement areas), and only in instances where it conforms to the entrance By-law. Leeds and Grenville - Development is subject to the applicable policies; - Rural residential driveway spacing must be not more than 5 per kilometer without a minimum of 200 metres separation between the access points; - Flexibility is provided in settlement areas. Page 96 of 101 Page 2 of 3

97 TRANSPORTATION AND PLANNING - Official Plan Driveway Spacing Clauses Peterborough County - Development is subject to the applicable policies; - Policy indicates that rural residential driveway spacing must be a minimum of 150m between driveways (~6 driveways per kilometer); - Flexibility is provided in settlement areas. Middlesex County - The County discourages development which would inhibit traffic movement along the County road system. The cumulative impact of individual private accesses to the County Road system compromises the underlying function of this transportation network; - For high volume arterial roads, access shall be strictly controlled and where such roads abut residential areas, reverse frontage (back lotting) is encouraged. Agricultural, industrial, commercial and open space land uses are appropriate land uses adjacent to arterial County roads; - Access is controlled through the entrance by-law. Lanark County - Lot creation for residential purposes with direct access to a County Road located outside of a settlement area may be permitted provided the required access will not result in traffic safety issues which cannot be mitigated or result in a change in the roadway s capacity through speed or signage changes. COMMENTS/OBSERVATIONS: The above is provided for information only. Respectfully Submitted. Page 97 of 101 Page 3 of 3

98 TRANSPORTATION AND PLANNING - Property Acquisition SDG 2 Long Sault KEY INFORMATION REPORT TRANSPORTATION AND PLANNING August 21, 2017 SUBJECT: Property Acquisition SDG 2 Long Sault BACKGROUND: In order to accommodate the construction of the new roundabout, the County is now finalizing the purchase of the needed land adjacent to SDG 2 in Long Sault. COMMENTS/OBSERVATIONS: Per the acquisition of land policy, staff worked with a property appraiser to establish the fair market value of the land needed on the south side of the intersection of SDG 2 and SDG 36 (Milles Roches Road). This land was needed to accommodate the relocation of the waterfront trail and to eliminate the access onto SDG 2 from Lot 1 (shown below). The impacted properties are shown in Figure 1. No additional land was needed within the project area. ROW Widening LOT 1 Figure 1: Lots fronting SDG 2 south of SDG 36 The final purchase price of the lands are as follows: Right-of-way widening on marina land: $ 12, Lot 1 (entire property): $ 37, The County is also responsible for all legal and closing costs associated with the transactions. These acquisitions are included in the overall project costs for the work. LOT Page 1 98 of 101 Page 1 of 1