COUNCIL MINUTES

AUGUST 12, 2002

Council met in regular session, Monday, August 12, 2002 at 7:00 p.m. at the Library Building, Mountain Grove.

Present

• Mayor Bill MacDonald
• Deputy Mayor Jack Nicolson
• Councillor Bob Harvey
• Councillor Marsden Kirk
• Councillor Elva Price
• Councillor Faye R. Putnam
• Councillor Bill Snyder

Councillor Frances Smith left the meeting after the delegation portion due to illness.

Absent

• Councillor Boyce Peters

Also in attendance Heather Fox - Clerk Administrator, Sandra Clow - Clerical Assistant, Bill Nicol - Public Works Manager, Jay DeBernardi - Director of Fire and Emergency Services, Jeff Green - Frontenac News Reporter and Craig Bakay - Gazette Reporter.

No members of the public attended other than those scheduled on the Agenda.

There were no disclosures of pecuniary interest.

The following correspondence and reports were received for information

1. Status of decision on the Official Plan
2. EOTA Trails Newsletter
3. Animal Control Report
4. MNR Raccoon Rabies Control
5. Around the Rideau Brochure
6. AMO - FYI.

Brenda Martin attended to update Council on the Early Years Centre.

Eugene DeShane of the Ministry of Natural Resources attended to discuss the bear population at the waste disposal sites. He advised that funding, matched equally by the township, up to $4,000.00 would be available for fencing or a similar project to discourage the bears from entering the site. He also advised there may be additional funding next year.

Olin Beach attended to discuss the Official Plan in particular existing lots of record less than 1.950 m² being considered unsuitable for development which effects his property. The Mayor explained the process used in implementing the Official Plan as well as the public meeting process.

The following resolutions were presented

#318 Bob Harvey, Faye R. Putnam
That the agenda of August 12, 2002 be adopted as amended.
Carried

#319 Bob Harvey, Bill Snyder
That the minutes of July 23, 2002 be adopted as circulated.
Carried

#320 Bob Harvey, Marsden Kirk
That the letter from Frances Thurlow regarding the K & P trackbed be received and acknowledged.
Carried

#321 Bill Snyder, Marsden Kirk
That the revised policy for use of firefighter's personal vehicles as presented by the Director of Fire and Emergency Services be adopted as presented.
Carried

#322 Jack Nicolson, Faye R. Putnam
That the policy for firefighter's personal vehicles used to search for reported fires, location unknown, be adopted as presented.
Carried

#323 Marsden Kirk, Elva Price
That the Township of Central Frontenac remain "Status Quo" for police services by the Ontario Provincial Police and not enter into a contract for OPP municipal policing.
Carried

#324 Faye R. Putnam, Elva Price
That the following accounts payable be approved: Batch #1106 - $3,374.97; Batch #1108 - $2,121.61; Batch #1109 - $2.714.46; Batch #1110 - $14,636.50; Batch # 1111 - $21,848.75; Batch # 1112 - $20,226.36; Batch #1115 - $1,792.14; Batch #1116 - $3,188.34; Batch # 1118 - $22,611.14; Batch #1120 - $5,143.93.
Carried

#325 Marsden Kirk, Bob Harvey
Pursuant to Section 442 of the Municipal Act, R.S.O. 1990 the assessment be reduced by $7,000.00 on roll number 1039040010107000000, Donald Garbutt due to the demolition of existing cottage to build new cottage.
Carried

#326 Bob Harvey, Faye R. Putnam
That the Clerk be instructed to prepare a policy for the use of portable office equipment outside of the office by prohibiting the use of such office equipment by non staff members.
Carried

#327 Jack Nicolson, Faye R. Putnam
That the following will attend the 25th birthday celebration of the Ompah branch of the Library on Saturday, August 17, 2002 from Noon to 2:00 p.m. - Bill MacDonald.
Carried

#328 Marsden Kirk, Elva Price
That the resolution from the City of Welland re: recruitment barriers to repatriate Ontario Trained and educated physicians be endorsed and the appropriate letters sent.
Carried

#329 Bill Snyder, Elva Price
That the resolution from the County of Brant re: reconsideration of the criteria and reporting format for the evaluation of water systems be received and filed.
Carried

#330 Elva Price, Marsden Kirk
That the resolution from the Town of Mono re: commercial permits to take water be endorsed and the appropriate letters sent.
Carried

#331 Elva Price, Faye R. Putnam
That the resolution from the Municipality of Leamington re: re-establishment of an Environmental Compensation Fund be endorsed and the appropriate letters sent.
Carried

#332 Bob Harvey, Marsden Kirk
That the letter from ROMA requesting communities and municipalities to assist the drought-stricken farmers in the Prairie Provinces be received and filed.
Carried

#333 Elva Price, Jack Nicolson
That the Public Works Department be authorized to investigate salt contamination at the public works facilities within the municipality.
Carried

#334 Marsden Kirk, Elva Price
That Tender #02-11, being a tender for groundskeeper of municipal properties in the village of Sharbot Lake be awarded to Scott's Snow Removal & Lawn Maintenance in the amount of $7,939.50.
Carried

#335 Elva Price, Faye R. Putnam
Since the only tender received on Tender 02-10, being a tender for caretaker of municipal building in Sharbot Lake was over budget, the Public Works Department be authorized to review the scope of work and re-tender.
Carried

#336 Jack Nicolson, Faye R. Putman
WHEREAS pursuant to subsection 6.3(a) of the "Order Made Under Section 25.2 of the Municipal Act to Implement the Proposal for the Restructuring of the County of Frontenac, its Constituent Municipalities and the City of Kingston" (the "Order"), The Frontenac Management Board (the "Board") is responsible for the management of the Fairmount Home for the Aged (the "Home");
AND WHEREAS pursuant to subsections 6.1 (a) and (b) of the Order the FMB is deemed to be a county, the Council of the FMB is deemed to be a council of the county and the FMB has for all purposes the powers, responsibilities and duties of a county and the council of the county;
AND WHEREAS subsection 6.1 (c) of the Order provides that The Corporation of the Township of North Frontenac ("North Frontenac"), The Corporation of the Township of Central Frontenac ("Central Frontenac"), The Corporation of The Township of South Frontenac ("South Frontenac"), The Corporation of the Township of Frontenac Islands ("Frontenac Islands") are deemed to be part of the county for municipal purposes;
AND WHEREAS it is agreed and deemed appropriate by The Corporation of the City of Kingston (the "City") and the FMB with its constituent municipalities, North Frontenac, Central Frontenac, South Frontenac and Frontenac Islands to reconstruct the Home to accommodate the existing 96 beds and add 32 beds, for a total of 128 long-term care beds, at an estimated cost of $18,200,000 (the "Project"), the Project has been approved by the Minister in accordance with the Homes for the Aged and Rest Homes Act, R.S.O. 1990, c. H. 13, as amended (the "Homes for the Aged Act") and the capital expenditures in respect of the Project constitute capital expenditures that are in accordance with the Homes for the Aged Act;
AND WHEREAS the City and the FMB with its constituent municipalities, North Frontenac, Central Frontenac, South Frontenac and Frontenac Islands, are responsible for the capital expenditures in respect of the Project;
AND WHEREAS through the process of mediation, the City and the FMB have agreed to share the capital expenditures in respect of the Project in accordance with an agreement dated August 7, 2002 (the "Agreement"), which, amongst other things, provides that 1) debentures are required to be issued in respect of the Project in the amount of $17,200,000.; 2) the City is responsible for 74% of the capital expenditures relating to the reconstruction of the Home to accommodate 96 of the 128 long-term care beds and 50% of the capital expenditures relating to the reconstruction of the Home to accommodate the remaining 32 long-term care beds; and 3) the balance of the capital expenditures in respect of the Project should be borne by the FMB with its constituent municipalities, North Frontenac, Central Frontenac, South Frontenac and Frontenac Islands;
AND WHEREAS in effect of the Agreement is that the City is responsible for 68% of the capital expenditures in respect of the Project and the FMB with its constituent municipalities, North Frontenac, Central Frontenac, South Frontenac and Frontenac Islands, are responsible for the remaining 32% of the capital expenditures in respect of the Project;
AND WHEREAS it has been determined that it would be efficient and cost effective to raise the money required for the Project through the issue of debentures by the FMB;
AND WHEREAS section 125 of the Municipal Act, R.S.O. 1990, c. M. 45, as amended, replaced or re-enacted from time to time (the "Act") provides that where a municipality which forms part of a county for municipal purposes is authorized or required to provide money for any purposes, and it is necessary to raise such money by the issue of debentures, the council of the municipality may by resolution request the council of the county in which it is situate to raise such money by the issue of debentures of the county;
AND WHEREAS the FMB has indicated that it intends to issue debentures for the Project pursuant to section 125 of the Act on behalf of those municipalities which form part of the county for municipal purposes and which request the Council of the FMB to do so and to also issue debentures for the Project pursuant to section124 of the Act on behalf of the FMB and the City;
AND WHREAS the portion of the 32% of the capital expenditures in respect of the Project to be borne by the FMB with its constituent municipalities, North Frontenac, Central Frontenac, South Frontenac and Frontenac Islands, will be allocated annually, as part of the FMB general requisition, as legislated from time to time, to North Frontenac, Central Frontenac, South Frontenac and Frontenac Islands (the "FMB Allocation") and the FMB will advise each of North Frontenac, Central Frontenac, South Frontenac and Frontenac Islands of their respective portion of the 32% of the capital expenditures in respect of the Project in each year.
AND WHEREAS Central Frontenac wishes to proceed with a debenture issue in respect of the Project by requesting the Council of the FMB to raise money by the issue of debentures of the FMB for the Project;
AND WHEREAS the FMB will enter into a letter agreement with RBC Dominion Securities Inc. (the "Fiscal Agents") pursuant to which the FMB will agree that it will issue debentures, a portion of which will be issued on behalf of Central Frontenac in respect of the Project.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That the Council of Central Frontenac request the Council of the FMB to raise money by the issue of debentures in an amount that will be sufficient to pay the 32% of the capital expenditures in respect of the Project that are the responsibility of the FMB with its constituent municipalities. North Frontenac, Central Frontenac, South Frontenac and Frontenac Islands (the "Debentures").
2. That the Council of Central Frontenac acknowledges and hereby agrees that Central Frontenac will be responsible for its respective share of the yearly payments of principal and interest becoming due in respect of the Debenture on the basis of the FMB Allocation.
3. That Central Frontenac agrees that pursuant to section 125 of the Act in each year during the currency of the Debentures, there shall be levied and raised by a special rate sufficient therefor, over and above all other rates, on all the rateable property in the Township of Central Frontenac an amount equal to its respective share based on the FMB Allocation of the sum of all payments in that year of principal and interest becoming due in respect to the Debentures, but no greater rate shall be raised in any year for such purpose than is required to pay the said amount after taking into account receipts from any other source in respect of the Project. All such payments of principal and interest in respect of the Debentures shall be paid to the Treasurer of the FMB before the date such payment of principal and interest becomes due in accordance with section 125 of the Act.
Passed this 12 day of August, 2002.
Carried

#337 Bill Snyder, Bob Harvey
That by-law #2002-120, being a by-law to regulate the use of land, buildings and structures within the Township of Central Frontenac and acknowledging that the zone on the west side of St. Andrews Lake, Lot 15-16, Concession 1, Hinchinbrooke District is intended to be RW instead of R, be read a first and second time.
Carried

#338 Elva Price, Bob Harvey
That by-law #2002-120, being a by-law to regulate the use of land, buildings and structures within the Township of Central Frontenac and acknowledging that the zone on the west side of St. Andrews Lake, Lot 15-16, Concession 1, Hinchinbrooke District is intended to be RW instead of R, be read a third and final time and passed.
Carried

#339 Faye R. Putnam, Bill Snyder
That the information identified on the agenda as 9 (a-f) be received and filed.
Carried

#340 Bill Snyder, Marsden Kirk
That the meeting adjourn until Monday, September 9, 2002 at 7:00 p.m. at Mountain Grove or the call of the Mayor.
Carried

The meeting adjourned at 9:35 p.m.