ALSO PRESENT: Cheryl Robson, CAO and Jenny Duhamel, Clerk/Planning Manager.

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1 MINUTES of a Regular Meeting of Council for The Corporation of the Township of North Frontenac, held Monday, November 14, 2011, at the Clar/Mill Fire Hall, Upstairs Meeting Room, 6648 Road 506, Plevna, Ontario. PRESENT: Mayor Bud Clayton; Deputy Mayor Fred Perry Ward 1; Councillor Gerry Martin and Councillor Lonnie Watkins Ward 2 and Councillor Betty Hunter and Councillor John Inglis Ward 3. ALSO PRESENT: Cheryl Robson, CAO and Jenny Duhamel, Clerk/Planning Manager. ABSENT WITH REGRETS: Councillor Wayne Good. 1. CALL TO ORDER The Meeting was called to order at 1:00 p.m. 2. APPROVAL OF AGENDA Moved by Deputy Mayor Perry, Seconded by Councillor Inglis # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac approves the Agenda for the Regular Meeting of Council dated November 14, 2011, as circulated. 3. DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF None declared. 4. DELEGATIONS a) Robert Gentile, Marketing Manager, Bon Echo Family Campground re: Group Submission Regarding the Proposed Official Plan and By-laws (Presentations Attached) Moved by Deputy Mayor Perry, Seconded by Councillor Inglis # BE IT RESOLVED THAT the Council of the Corporation of the Township of North Frontenac receives for information the presentation by Robert Gentile of Rob Gentile and Associates Consulting, prepared on behalf of twelve commercial Campground Operators of North Frontenac Township; AND THAT Council recognizes there are many existing trailer sites within the 30m setback of the high water mark in commercial campgrounds which may have existed prior to Township By-laws; AND THAT if a commercial Campground owns the shore road allowance, existing sites are considered legal non-conforming, and these existing sites only may remain within the 30m setback; AND THAT those commercial Campgrounds that do not own the shore road allowance and have illegal trailer sites on same, will be given the opportunity to complete the purchase of the shore road allowance by July 1, 2012; at which time Council will then recognize these existing trailer sites as legal non-conforming, and allow these sites only to remain within the 30m setback; Regular Council Minutes November 14, 2011 Page 1 of 12

2 AND THAT no new trailer sites shall be allowed within the 30m setback from the high water mark and all new and/or existing septic/waste water systems shall only be allowed if they are at the 30m setback or further from the high water mark, unless an existing system has proof of Ministry of Environment approval. AND THAT in order to qualify for the above exemption, each Campground Owner shall provide a site plan sketch indicating the location of all existing trailer sites within the 30m setback of the high water mark and setback measurements from the water and other trailers; and the placement of present sewage systems and waste water systems with setback measurements included, including proof of Ministry of the Environment approval of same. These drawings and proof of permits shall be provided to the Clerk no later than April 1, 2012, to ensure the present existing legal non-conforming uses are identified and recognized; AND THAT any new proposed development shall be subject to the Zoning By-law requirements/regulations and may require a Planning Application process. Therefore, property owners are asked to contact the Township prior to considering any future expansion to determine what is required; AND THAT prior to this being added to the draft amending Zoning By-law, the Clerk/Planning Manager shall obtain legal advice on these Council recommendations. a) Don Amos, Executive Director, Northern Frontenac Community Services re: Update on North Frontenac Youth Programs. Moved by Deputy Mayor Perry, Seconded by Councillor Inglis # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives for information the presentation by Don Amos, Executive Director, Northern Frontenac Community Services regarding the Update on North Frontenac Youth Programs. 5. ADOPTION OF MINUTES (COUNCIL AND COMMITTEE) Moved by Councillor Inglis, Seconded by Deputy Major Perry # BE IT RESOLVED THAT the Minutes of the Meetings of the Joint Board of Management for the Kaladar/Barrie Fire Department dated April 7, 2011 and June 7, 2011 be received for information; AND THAT the Notes of a Meeting of the Joint Councils of the Township of Addington Highlands and the Township of North Frontenac dated July 4, 2011 be received for information; AND THAT the Minutes of a Regular Meeting of Council dated October 24, 2011 be adopted as circulated; AND THAT the Minutes of the Special Meetings of Council dated October 28, 2011 and November 2, 2011 be adopted as circulated. Regular Council Minutes November 14, 2011 Page 2 of 12

3 6. BUSINESS ARISING OUT OF THE MINUTES None 7. COMMUNICATIONS Clerk s Administrative Report (Pink Package) Moved by Deputy Mayor Perry, Seconded by Councillor Inglis # BE IT RESOLVED THAT Section A Items of the Clerk s Administrative Report entitled Communications of Interest to Council dated November 7, 2011, as set out below, be received for information: AMO/Ministry Bulletins, FCM, Etc. i) AMO Watch October 20, 2011; ii) FCM News Week of October 17, 2011; iii) AMO Communication October 24, 2011 re: LAS Connections Energy Symposium Powering Up For 2012; iv) FCM Conference October 17, 2011 re: Register Now for FCM s 2012 Sustainable Communities Conference; v) AMO Communication October 26, 2011 re: Foundations for the Future: Staying on Track; vi) FCM News Week of October 24, 2011; vii) AMO Watch File October 27, 2011; viii) AMO Communication October 31, 2011 re: 2011 LAS Connections Energy Symposium - Find the Light in the LED Fog; ix) AMO Communication November 2, 2011 re: AMO Report to Members on September 2011 Board Meeting; x) AMO Communication November 3, 2011 re: Foundations for the Future (Nov xi) 25); AMO November 7, 2011 re: OPA Commences FIT and MicroFIT Program Review; xii) AMO Watch File November 3, 2011; xiii) FCM News Week of October 31, 2011; 1. October 20, 2011 Willms & Shier Environmental Lawyers, LLP re: Breakfast Seminar November 24, 2011; 2. October 20, 2011 Ontario Good Roads Association (OGRA) re: OGRA Welcomes Newly Appointed Ministers; 3. October 25, 2011 Louise Richer, Ministry of Citizenship and Immigration re: New Regional Advisor in your Area; 4. October 28, 2011 Zac Spicer, University of Western Ontario re: Information on Service Agreements; 5. November 1, 2011 Land O Lakes Tourist Association re: Press Release 6. October 25, 2011 The Corporation of the Township of Stone Mills re: Notice of Open House and Public Meeting Comprehensive Zoning By-law Update; 7. October 15, 2011 Plevna/Ompah Christmas Parade re: Update Date, Time and Location; 8. October 25, 2011 Durham Region re: Trash Troubles: Filing up our Landfills with Recyclables; 9. October 5, 2011 The Ontario Aggregate Resources Corporation re: 2010 Annual Report; 10. October 24, 2011 Quinte Conservation re: Drinking Water Source Protection Draft Policies; Regular Council Minutes November 14, 2011 Page 3 of 12

4 11. November 4, 2011 Kingston Whig Standard Article Developers Don t Deserve the Bad Rap They Get; 12. October 7, 2011 Ministry of Finance re: Invoice for Semi-annual Policing Cost January 1-June 30, 2011; 13. November 7, 2011 Dan Branston, Mechanic re: Thank you; 14. November 2, 2011 Sommer Casgrain-Robertson, Mississippi-Rideau Source Protection Region re: Important Source Water Update for Municipalities; 15. October 31, 2011 Municipal Property Assessment Corporation re: 2011 Property Assessment Notice Mailing; 16. November 8, 2011 Barbara Sproule and Family re: Thank you; 17. November 1, 2011 Pat Kinch, Source Protection Programs Branch, Ministry of the Environment re: Registration for RMO/RMI Training Course. B: Action Items: (to include items brought forward from Section A above by a Member of Council) 1. October 21, Councillor Hunter re: Meeting to Discuss Creating an Arts Trail in the Greater Frontenac Arch Biosphere Region Moved by Deputy Mayor Perry, Seconded by Councillor Inglis # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac approves the attendance of Councillor Hunter at the Frontenac Arch Biosphere Network, Arts Trail Proposal to be held in Elgin on Saturday, November 19, October 31, Cheryl Robson, CAO re: Registration for 2012 OGRA/ROMA Combined Conference Moved by Deputy Mayor Perry, Seconded by Councillor Inglis # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac approves of the attendance of Corey Klatt, Manager of Recreation and Economic Development, Jim Phillips, Public Works Manager; Gregg Wise, Public Works Foreman and Deputy Mayor Perry at the 2012 ROMA/OGRA Combined Conference in Toronto on February 26-29, October 27, 2011 Dan Koroscil, Office of the Fire Marshal re: OBC and Solar Panels Moved by Deputy Mayor Perry, Seconded by Councillor Inglis # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives for information the dated October 27, 2011 from Dan Koroscil, Fire Protection Adviser, Office of the Fire Marshal regarding the Ontario Building Code and Solar Panel installation on buildings. 4. October 20, 2011 Town of Pelham re: Request for Support for Joint and Several Liability Reform Moved by Councillor Inglis, Seconded by Deputy Mayor Perry # Regular Council Minutes November 14, 2011 Page 4 of 12

5 BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives for information the dated October 20, 2011 from the Town of Pelham requesting support for Joint and Several Liability Reform; AND THAT Council supports the Town of Pelham; AND THAT Council supports the Association of Municipalities of Ontario (AMO) in its efforts to seek joint and several liability reform in Ontario and calls on the Provincial Government to pursue much needed changes to the Negligence Act; AND THAT a copy of this Resolution be forwarded to the Town of Pelham; Association of Municipalities of Ontario (AMO); Scott Reid, MP; and Randy Hillier, MPP. 5. November 4, 2011 Anne Marie Young, County of Frontenac re: Discovery Workshop Invitation Moved by Councillor Inglis, Seconded by Deputy Mayor Perry # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac approves the attendance of Mayor Clayton and Councillor Hunter at the Frontenac Discovery Workshop to be held in Verona on Tuesday, November 22, November 4, 2011 Brenda Hunter, Director of Education and Secretary, Limestone District School Board re: Initial Meeting and Social Hour, December 5, 2011 Moved by Councillor Watkins, Seconded by Councillor Inglis # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac approves the attendance of Councillor Martin at the Limestone District School Board s Initial Meeting to be held in Kingston on Monday, December 5, CAO AND DEPARTMENT HEADS ADMINISTRATIVE REPORTS a) Director of Emergency Services/Fire Chief re: 2004 Ford Explorer Unit #83 Repair Quotes Moved by Councillor Watkins, Seconded by Councillor Inglis # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives for information the Director of Emergency Services/Fire Chief s Administrative Report dated November 4, 2011 entitled 2004 Ford Explorer Unit #83 Repair Quotes ; AND THAT Council authorizes the Director of Emergency Services/Fire Chief to have the 2004 Ford Explorer Unit #83 repaired by Tim s Auto Body, being the lowest quote received; AND THAT the Treasurer shall transfer this expense from the North Frontenac Fire Vehicles/Buildings Reserve Fund. b) Director of Emergency Services/Fire Chief re: Joint Health and Safety Committee (JHSC) Housekeeping Amendment Moved by Councillor Watkins, Seconded by Councillor Perry # Regular Council Minutes November 14, 2011 Page 5 of 12

6 BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives the Director of Emergency Services/Fire Chief s Administrative Report entitled Joint Health and Safety Committee (JHSC) Housekeeping Amendment dated November 4, 2011, for information purposes; AND THAT all resolutions which are contrary to or inconsistent with this resolution (including, but not limited to, #48-05, #257-06, #375-07, #396-08, and #427-10) are hereby repealed and rescinded; AND THAT if required due to Township Staff changes and/or job requirement changes, and from time to time, the JHSC Worker Members shall be selected by the Workers they represent, and the CAO shall select the remaining JHSC Members from among persons who exercise managerial functions c) Director of Emergency Services/Fire Chief re: Application for Membership A. Ross Moved by Councillor Watkins, Seconded by Councillor Hunter # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives for information the Director of Emergency Services/Fire Chief s Administrative Report dated November 3, 2011 entitled Application for Membership A. Ross ; AND THAT Council accepts the appointment of Alex Ross to the North Frontenac Volunteer Fire Department, Ompah Station, as recommended by the Fire Chief and Deputy Fire Chief; AND THAT no volunteer Fire Fighter in any Fire Department funded by North Frontenac shall be allowed to attend incidents/accidents until they reach the age of 19 years; AND THAT we encourage volunteers under the age of 19 years to participate in training and the community. d) Director of Emergency Services/Fire Chief re: Application for Membership M. Millar Moved by Councillor Watkins, Seconded by Deputy Mayor Perry # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives for information the Director of Emergency Services/Fire Chief s Administrative Report dated September 27, 2011 entitled Application for Membership M. Millar ; AND THAT Council accepts the appointment of McKenzie Millar to the North Frontenac Volunteer Fire Department, Clarendon-Miller Station, as recommended by the Fire Chief and Deputy Fire Chief. e) Public Works Manager re: Survey of Unopened Road Allowance Kashwakamak Waste Site Moved by Councillor Watkins, Seconded by Deputy Mayor Perry # Regular Council Minutes November 14, 2011 Page 6 of 12

7 BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives for information the Public Works Manager s Administrative Report dated November 2, 2011 entitled Survey of Unopened Road Allowance Kashwakamak Waste Site ; AND THAT Council authorizes the Public Works Manager to obtain a survey of that portion of the unopened road allowance lying between Parts 1 and 2, Plan 13R-5222, Kashwakamak Waste Site, in accordance with Part 5.6 of Procurement By-law 54-04; in accordance with the Procurement Policy; AND THAT the Treasurer shall transfer the survey expense from the Waste Equipment Replacement Reserve Fund. f) Public Works Manager re: Source Water Protection Moved by Councillor Watkins, Seconded by Deputy Mayor Perry # BE IT RESOLVED THAT the Council for The Corporation of the Township of North Frontenac accepts the Public Works Manager s Administrative Report entitled Source Water Protection for information purposes; AND THAT, Council has reviewed the information and draft policies prepared by the Mississippi-Rideau Source Protection Committee that would apply to North Frontenac and Council supports the following draft source protection policies; Waste-4, Waste-5, Snow/Salt-3, Snow/Salt-4, and E&O-2; AND THAT, Council instructs Jim Phillips, P. Eng., Public Works Manager, on behalf of the Township of North Frontenac, submit these formal comments on the draft Source Protection Policies. g) Treasurer re: 2011 Adjustments to Property Taxes Moved by Councillor Watkins, Seconded by Deputy Mayor Perry # BE IT RESOLVED THAT the Council of The Corporation of Township of North Frontenac receives the Treasurer Report entitled 2011 Adjustments to Property Taxes for information purposes; AND THAT Council instructs the Deputy Treasurer/ Administrative-Financial Coordinator (Tax Collector) to process the adjustments as per the recommendations received from the Municipal Property Assessment Corporation (MPAC). h) Chief Building Official re: Building Activity Report October October 2011 Moved by Councillor Watkins, Seconded by Deputy Mayor Perry # BE IT RESOLVED THAT Council of The Corporation of the Township of North Frontenac receives the Chief Building Official's Administrative Report entitled Building Activity Report October October 2011 for informational purposes. i) Treasurer and IT Technician/Mapping Coordinator re: GIS Day November 16 th, 2011 Regular Council Minutes November 14, 2011 Page 7 of 12

8 Moved by Councillor Watkins, Seconded by Deputy Mayor Perry # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives the Treasurer and IT Technician / GIS Coordinator s Administrative Report dated Nov 7th, 2011, entitled GIS Day - November 16th, 2011 for informational purposes; AND THAT the Council of the Township of North Frontenac proclaims Wednesday, November 16th, 2011, as GIS Day to promote awareness of the essential technology; AND THAT the Council of the Township of North Frontenac instructs the IT Technician / GIS Coordinator to post this information on the Township website. j) Clerk/Planning Manager re: Committee of Adjustment October Meeting Planning Applications and Decisions Moved by Councillor Watkins, Seconded by Councillor Inglis # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives for information the Clerk/Planning Manager s Administrative Report dated November 1, 2011 entitled Committee of Adjustment October 2011 Meeting Planning Applications and Decisions. k) Clerk/Planning Manager re: Committee of Adjustment Membership Moved by Councillor Watkins, Seconded by Councillor Inglis # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives for information the Clerk/Planning Manager s Administrative Report dated November 7, 2011 entitled Committee of Adjustment - Membership ; AND THAT Council shall consider, under the By-laws section of this meeting, a By-law to repeal By-law # and to appoint the present Members of the Committee of Adjustment for the full term of the present Council, as per section 44(3) of the Planning Act, that being until the last meeting in December l) CAO Ompah Fire Hall/Ambulance Base Update Moved by Councillor Watkins, Seconded by Councillor Inglis # BE IT RESOLVED THAT the Council of the Corporation of the Township of North Frontenac receives for information the Director of Emergency Services/Fire Chief; Chief Building Official (CBO); and Chief Administrative Officer (CAO) s Administrative Report dated November 4, 2011 entitled Ompah Fire Hall Ambulance Base Update ; AND THAT Council approve the sharing of costs as described in this Administrative Report, including the draft Agreement prepared by the Township/County Solicitor as summarized in this Report; AND THAT once County of Frontenac Council confirm its final support of these cost sharing matters, Council authorize the joint County and Township Request for Proposal (RFP) to be reissued for a Project Manager, based on 2,750 square feet for the Fire Department portion of the building. Regular Council Minutes November 14, 2011 Page 8 of 12

9 9. EXTERNAL COMMITTEES/LOCAL BOARDS/TASK FORCE NOTES AND REPORTS (Received for information only). None 10. BILLS AND ACCOUNTS Moved by Councillor Hunter, Seconded by Councillor Martin # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac approves the following Vouchers in the amount of $417, for payment: October 26, $ 48, November 4, $ 350, November 4, $ 18, MOTIONS, WRITTEN NOTICE OF WHICH HAS BEEN GIVEN None 12. GIVING NOTICE OF A MOTION a) Councillor Martin Recommendation to establish a Cenotaph Committee in North Frontenac Moved by Councillor Martin, Seconded by Councillor Hunter # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac receives the Notice of a Motion by Councillor Martin regarding the formation of a Task Force to establish a cenotaph in the Township of North Frontenac; AND THAT the Clerk shall bring this item back on the November 28, 2011 Council Agenda under Section 11 Motion, Written Notice of Which has been Given for Council s consideration. 13. COUNCIL PORTFOLIO (Verbal Reports) a) County Business Mayor Clayton b) Algonquin First Nations Mayor Clayton c) i) Emergency Preparedness Councillor Good ii) Kaladar/Barrie Joint Fire Board Councillor Good d) Communications Councillor Martin e) Economic Development Councillor Hunter f) Environmental Councillor Inglis g) Mississippi Valley Conservation Councillor Watkins h) Health Deputy Mayor Perry i) Social Services Envelope Councillor Hunter j) Youth and Recreation Councillor Watkins Moved by Councillor Waktins, Seconded by Councillor Martin # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac approves donating $50.00 (Fifty Dollars) for the Turkey Bingo being put on by the Clarendon Central Public School. Regular Council Minutes November 14, 2011 Page 9 of 12

10 k) County Green Energy Task Force Councillor Inglis l) Kashwakamak Lake Plan Committee Deputy Mayor Perry 14. INTRODUCTION AND READING OF BY-LAWS Moved by Councillor Hunter, Seconded by Councillor Martin # BE IT RESOLVED THAT as required by By-law #71-07, the following road allowances be declared as surplus and sold to the adjoining owners: ALL THAT PART of the original 66 shore road allowance around Shawenegog Lake lying in front of Lot 6, Concession 12, described as Part 2 on Registered Plan 13R-20231, geographic Township of Barrie, in the Township of North Frontenac, in the County of Frontenac (Wheatley); and ALL THAT PART of the original 66 shore road allowance around Mazinaw Lake lying adjacent to Lot 5, Registered Plan 699, described as Part 1 on Registered Plan 13R-20240, geographic Township of Barrie, in the Township of North Frontenac, in the County of Frontenac (Hayhurst); and ALL THAT PART of the original 66 shore road allowance around Mazinaw Lake lying adjacent to Lot 1, Registered Plan 522, described as Part 2 on Registered Plan 13R-20240, geographic Township of Barrie, in the Township of North Frontenac, in the County of Frontenac (Hayhurst); and ALL THOSE PARTS of the Road Allowance between Concessions 10 and 11, Part of the Old Mississippi Road Allowance lying in Part of Lot 11 Concession 10 and Part of Lot 11 Concession 11, being Parts 1, 2, 3, 4, 5 and 6 on Plan 13R-19968, geographic Township of Palmerston, Township of North Frontenac, in the County of Frontenac (Gemmill and Crain). An appraisal of these properties is not necessary as these are road allowances. Moved by Councillor Hunter, Seconded by Councillor Martin # BE IT RESOLVED THAT leave be given the Mover to introduce the following by-laws that have been circulated to all members of the Council of The Corporation of the Township of North Frontenac and that these by-laws be read a first and second time: a) # To Close, Stop-up and Sell Three Shore Road Allowances (Mazinaw Lake (2), Shawenegog Lake) b) # To sign a Contractual Agreement for Plevna Ice Rink Maintenance Four Year Contract; c) # To Close, Stop-up and Sell a Portion of a Concession Road Allowance and the Old Mississippi Road Allowance d) # To Appoint A Committee of Adjustment/Planning Advisory Committee. Moved by Councillor Martin, Seconded by Councillor Hunter # BE IT RESOLVED THAT the following by-laws be read a third time, signed, sealed and finally passed: Regular Council Minutes November 14, 2011 Page 10 of 12

11 a) # To Close, Stop-up and Sell Three Shore Road Allowances (Mazinaw Lake (2), Shawenegog Lake) b) # To sign a Contractual Agreement for Plevna Ice Rink Maintenance Four Year Contract; c) # To Close, Stop-up and Sell a Portion of a Concession Road Allowance and the Old Mississippi Road Allowance d) # To Appoint A Committee of Adjustment/Planning Advisory Committee. 15. PUBLIC FORUM (Re: Items on today s Agenda only) The Mayor asked for any questions or comments from the gallery on any topics of today s Council meeting. Wilbur Crain commented Canada is 20 years behind in Green Energy. Europe started that many years ago and that is why they are in financial trouble. Canada is presently spending $1.6 billion on Green Energy that we cannot afford. 16. CLOSED SESSION Moved by Councillor Hunter, Seconded by Councillor Martin # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac retires to closed session at 3:15 p.m. to discuss: - Approve the Minutes of a Closed Session of Council dated October 11, 2011; -Personal Matters about an identifiable individual, including Municipal or Local Board Employees; Moved by Councillor Martin, Seconded by Councillor Hunter # BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac returns to open session at 3:56 p.m. 17. CONFIRMATORY BY-LAW # Confirmatory By-law for the November 14, 2011 Regular Council Meeting Moved by Councillor Hunter, Seconded by Councillor Martin # BE IT RESOLVED THAT By-law #134-11, being a by-law to confirm all actions and proceedings of the Council of The Corporation of the Township of North Frontenac for its meeting held November 14, 2011 be read a first and second time. Moved by Councillor Hunter, Seconded by Councillor Martin # BE IT RESOLVED THAT By-law # be read a third time and finally passed. 18. ADJOURNMENT Moved by Councillor Hunter, Seconded by Councillor Martin # Regular Council Minutes November 14, 2011 Page 11 of 12

12 BE IT RESOLVED THAT the Council of The Corporation of the Township of North Frontenac adjourns the meeting at 4:00 p.m. until November 28, 2011, or at the call of the Chair. MAYOR CLERK Regular Council Minutes November 14, 2011 Page 12 of 12

13 North Frontenac Campgrounds Group Submission to Council Page 1 of 18 Group Submission to North Frontenac Township Council Regarding the Proposed Official Plan and Bylaws From: The Campgrounds of North Frontenac Township November, 2011 Prepared by: Rob Gentile & Associates Consulting Belleville, Ontario Fax:

14 North Frontenac Campgrounds Group Submission to Council Page 2 of 18 Table of Contents Executive Summary.. 3 Introduction: The Story of Joe Green.. 4 Economic Impact of Campgrounds..4 Campgrounds & the Environment...5 Township Double Standard?...8 Campgrounds as Endangered Species...9 North Frontenac Township Out of Balance..10 Specific Issues & Possible Solutions.11 Summary.15 Attachments Examples of 2 Parks at Risk..16 Economic Impact Calculations

15 North Frontenac Campgrounds Group Submission to Council Page 3 of 18 Executive Summary North Frontenac (NF) campgrounds contribute over $6million to the local economy, create jobs, and are a vital part of the township s tourism sector. The economic spin offs enjoyed by local businesses helps to create a stronger community. Campgrounds accommodate visitors attracted to the area by tourism organizations. However campgrounds are an endangered species in NF. Their numbers have been declining in recent decades with two more closing in the last 24 months leaving approximately a dozen parks. The loss of campgrounds is attributed to a number of factors including retiring owners, conversion to cottage lots, increasingly onerous regulations, and reduced profitability. No new campgrounds are being created since owners require significant capital and face a daunting planning approval process. Frontenac County has recognized the decline of commercial waterfront properties as a problem and recommends measures to preserve the remaining businesses. Tourism is one of the most important parts of the NF economy. With building activity down 71% in 2011, protecting this sector should be a priority. Yet, while NF Township says it supports economic development, many of its actions appear to say the opposite. Many business owners believe the township s priorities have been out of balance for years; that it is primarily focused on bylaws and the environment with little regard to the needs of local businesses. It is time to bring things into balance. Campgrounds are in favour of protecting the water bodies since they rely on them for continued business. The OP and bylaws contain sections which are appropriate for new development however when applied to existing campgrounds will cause financial distress and in some cases further park closures. NF Campgrounds seek better solutions on these issues (listed in order of significance); meter setback requirement for recreational vehicles (RVs). 2. Denial of continuance of non-conforming use re: RVs. 3. Campgrounds operating on shoreline road allowances at risk of eviction. 4. Shoreline activity areas mandating only 25% waterfront access foot minimum separation distance between RVs. 6. Banning of RV-related structures which are common in the industry. Campgrounds have a lot invested in their waterfront campsites; hydro, water, roadways, maintenance. Waterfront sites are the life blood of many campgrounds because of the revenue they generate. It sounds easy to move an RV back 30m but the reality means the loss of these vital campsites. Most campgrounds are run by families which do not have the financial resources to withstand a large drop in revenue and may be forced to sell or close their parks. Campgrounds already have to comply with onerous environmental regulations without the 30m setback requirement. There is evidence to suggest that campgrounds (along with their RVs within the setbacks) have a negligible environmental impact and that they may actually help protect the environment. Campgrounds only take up.0015% of the township s shorelines and help to confine a large amount of human activity in relatively small spaces. This keeps visitors from venturing out into the natural wilderness and causing environmental disturbances. Campgrounds have less of an impact than cottages and wilderness camping. In permitting cottages to remain within the setbacks, operating environmentally-disruptive wilderness campsites, and maintaining shoreline roads, the township appears to have a double standard when it comes to protecting the water bodies. It is the intent of the official plan to maintain or enhance the quality of the township s water bodies. NF campgrounds argue that in providing relief from the abovementioned issues, that council will be honoring this intent since no new shoreline impacts are being introduced. The official plan also calls for flexibility regarding the Lake Development Area in which most campgrounds are located. Campgrounds generate over $6million in economic activity while occupying a relatively tiny fraction of NF s shoreline. Imposing the 30m setback and other restrictions will have virtually no positive impact on the water bodies but will inflict significant harm on a number of stakeholders including tourists, campground owners, employees, and local businesses.

16 North Frontenac Campgrounds Group Submission to Council Page 4 of 18 Introduction: The Story of Green s RV Park & Campground We begin with a fictional story that demonstrates the challenges many North Frontenac Campgrounds face. Green s RV Park & Campground provided a living for Joe Green and his family for over 35 years as well as seasonal jobs for a couple of locals. Each year over 200 vacationers would stay at Green s and also boost the local economy by spending thousands at nearby businesses. Joe ran his park responsibly, ensuring no pollution entered the lake. A very short camping season meant Joe was under pressure to make most of his money in July & August to survive until the next season. Over the years rising costs made it increasingly tough for Joe. Maintaining and updating campground infrastructure (electrical system, septic, roads, buildings) was expensive. Increasingly onerous regulations from various levels of government (septic, water, health, labour) also drove up costs. The local township made Joe s life even more difficult by telling him how to run his business banning popular add-a-rooms and telling Joe how to space out his trailers. The final nail in Joe s coffin was the township s banning of RVs within 30 meters of the shoreline. Joe s waterfront sites were the life blood of his business. He had spent thousands servicing them with underground water and hydro. As existing waterfront customers left, Joe could not replace them. He was forced to abandon his waterfront sites. After five years Joe had lost most of his waterfront sites and a huge chunk of his revenue. With governments both driving up his costs and slashing his revenue, Joe finally packed it in and sold his park. The new owners closed the park, evicted the seasonal campers, and converted it to their own private cottage lot. Joe s 800 feet of waterfront was a tiny speck on the map compared to the thousands of kilometers of shoreline in the area. Hence the positive environmental impact of the 30 meter rule was negligible. But the negative human impact was substantial; Joe and his family lost their source of income, Joe s customers lost their vacation destinations, and local businesses lost dozens of customers. Economic Impact of Campgrounds Proven Local Economy Boosters - $6.6m Tourism is one of North Frontenac s (NF) most important industry sectors and is likely its biggest supplier of employment and economic benefit. Campgrounds play a large role in the NF tourism sector. Using data gathered from local campgrounds and visitor spending statistics, NF campgrounds are responsible for an estimated $6.6 million in local economic activity (See Attachment B for calculations). Numerous studies prove that campgrounds have a significant positive impact on their local economies. In 2011 the City of Peterborough hired TCI Management Consultants to determine if it should continue to operate its 98-site Beavermead Campground or shut it down. After a thorough investigation, the consultants recommended not only to continue operations, but to invest in improved facilities. Their study showed that the campground created economic benefits for nearby businesses at which campers spent their money. It really is acting as an economic generator, an economic boost to the community overall. said TCI s Jon Linton and added an improved operation..would generate $335,000 in economic spinoff in the community. 1 1 Woodall s Campground Management. Oct 20, 2011.

17 North Frontenac Campgrounds Group Submission to Council Page 5 of 18 A Nova Scotia study pointed out that Tourist direct expenditures initiate a chain of additional spending by businesses to purchase supplies and services, pay workers, remunerate investors, and pay taxes, all of which triggers other rounds of spending diffused throughout the local economy. 2 The report states that..there is a multiplier effect from the injection of new expenditure into the economy 3 When it comes to governments having a stake in attracting visitors, a Tourism Industry Association of Nova Scotia report stated..government agencies do have a particular interest in the ability of tourism development to attract visitors from outside their jurisdiction. As visitors come into an area, they spend money on a variety of goods and services. This new money creates income, jobs, and tax revenues in the community. 4 Employment Generators Campgrounds create employment both directly within their operations and indirectly through the businesses they help to support. According to a Frontenac County report, Employment growth will be largely driven by growth in retail and tourism services to serve the growing permanent and seasonal population base. 5 Campgrounds Vital for Tourism Campgrounds act as an affordable gateway which introduces new vacationers to the North Frontenac. Overnight campers have been known to fall in love with the area and become regular visitors by renting a seasonal RV campsite. Some graduate further to become actual cottage owners. With every new regular vacationer, come their friends and relatives creating additional tourism benefits. However NF is not able to host the same number of tourists it could ten or twenty years ago. Numerous campground, inn, and motel closures in the area has significantly reduced accommodation inventory. This makes preserving the remaining campgrounds and hospitality businesses vital to protecting the local economy. Campgrounds & The Environment Section of NF s Official Plan states It is council s intent that the water quality of all water bodies in the municipality will be maintained at their present level or enhanced. 6 The 30m setback requirement is aimed at achieving this by creating a natural buffer zone at the shoreline. However evidence suggests that NF campgrounds operating within the setbacks may not have significant negative environmental impacts. To the contrary, campgrounds may actually help to protect the environment especially when compared to the alternatives. Therefore, exempting existing campgrounds from the 30m setback will maintain the water quality and therefore satisfy the general intent and purpose of the Official Plan. Campgrounds Have an Incentive to Protect Water Bodies Regulatory compliant campgrounds do not cause pollution, toxic waste, or industrial noise. Rather, they exist in harmony with nature since that is why their customers come. Campgrounds have a stake in protecting the environment and water bodies since they are the main reasons their customers keep coming back. Environmental Protection Laws Already In Place for Campgrounds The 30m setback is likely unnecessary given the number of existing environmental regulations campgrounds must comply with. Failure to comply risks fines, jail terms, and closure. Examples of the existing regulations are; - A Ministry of the Environment Certificate of Approval is required to remain in operation. Approvals are granted where pollution threats to the waterways have been eliminated and septic systems pass inspection. 2 The Economic Effects In Nova Scotia of the RV Overnight Parking Ban and Aspects of Campground Minimum Standards. Andrew Cornwall, 2006, p40. 3 Cornwall, p Crapo, David, Dr. Improving the Nova Scotia Campground Industry (prepared for the Tourism Industry Association of Nova Scotia by EXCELeration Corp, May 2001). 5 Population, Housing and Employment Projections for the Frontenacs, June 13, Joe Gallivan, Manager of Sustainability Planning. 6 Official Plan, Amendment No. 5, North Frontenac Township, 2011, p.74.

18 North Frontenac Campgrounds Group Submission to Council Page 6 of 18 - Septic systems must pass inspection by local conservation authorities. - Ministry of Natural Resources shoreline protection and fish habitat regulations must be observed. - Ministry of Health water quality standards must be met. This involves installing water purification equipment, regular testing, and obtaining water safety certifications. Campgrounds Confine Human Activity Aldo Leopold Wilderness Research Institute biologist David Cole s study suggests campgrounds may actually help protect the environment by confining human activity to designated camping locations. In a report, he points out that;..many people camp in road-accessible developed campgrounds, which ideally are designed to confine traffic to surfaces that are hardened to absorb use. In these situations, impacts to soils and vegetation can be limited despite very high visitation levels. Where people venture off the trail system, however, impacts can be pronounced...the magnitude of impacts can usually be minimized by encouraging the repetitive use of as small a number of sites as possible (i.e. 23 concentrating use)(cole, 1981a). This strategy involves accepting a slight increase in the intensity of impact to realize the benefits of a large decrease in the area of impact. 7 Imagine taking the number of people in a typical campground and dispersing them throughout the township in their own private cottages and lots. The negative environmental impact would likely be many times greater than having them concentrated at a single location. Townships Campsites May Be More Damaging Camping at campgrounds has less negative environmental impacts than wilderness camping where studies have shown damage occurs to trees and vegetation from trampling, firewood gathering, privy pit digging, and campfire debris. Biologist David Cole s studies showed that Forest sites, even those camped on for just one night, did not recover completely within three years. 8 This research draws into question the environmental impact of North Frontenac s wilderness campsites. Campground Lake Frontage Insignificant NF Campgrounds provide over $6 million in economic benefit while occupying a relatively insignificant amount of shoreline. North Frontenac zoning maps show there are easily over 1000 kilometers of shoreline within the township. Of this, the campgrounds occupy an estimated 1.5 kilometers or %. Therefore, imposing the 30m setback on the campgrounds will inflict maximum damage upon this vital industry sector and numerous human stakeholders (vacationers, campgrounds, local businesses) for very little environmental gain. 7 Impacts of Trampling and Camping on Subalpine Vegetation, 1996, Aldo Leopold Wilderness Research Institute, David Cole. 8 Impacts of Camping on Vegetation: Response and Recovery Following Acute and Chronic Disturbance, 2003, Aldo Leopold Wilderness Research Institute David Cole, Christopher Monz.

19 North Frontenac Campgrounds Group Submission to Council Page 7 of 18 Conservation Authority, Ministry of Environment & Biologists Not Overly Concerned with Existing Parks Interviews were conducted with an engineering consulting firm which does Environmental Impact Studies, a local conservation authority, and the Ministry of the Environment. Names have been withheld since they have not given permission to use the interview content in this document. According to the conservation authority, it is generally not concerned with pre-existing campsites and RVs which are within the setbacks. They recognize campgrounds have been here for decades and would not normally recommend that the waterfront RVs be moved back. While the authority would prefer all structures be 30m from the water, their main concern is with proposed new development or changes in existing use. Where there are constraints to moving RVs, the authority would recommend alternative measures to minimize shoreline impact. The engineering firm indicated that RVs and decks themselves do not present a negative impact to the shoreline. Lack of vegetation and any interference with the shoreline can have adverse effects but are generally concerns related to proposed development. The risk of nutrient load (especially phosphorous) on lakes is generally not a risk where waterfront RV affluent is being properly disposed behind the setback. The Ministry of the Environment has no concerns with how close RVs are to the water. Instead, they focus on preventing pollution going into the water bodies by enforcing a ban on sewage going into the ground, and grey water leaching pits within 50 feet of the shore. Campgrounds Have Less Impact Than Cottages When it comes to defining structures for the purpose of setbacks, campground RVs should not be placed in the same category as cottages. North Frontenac s hundreds of cottages, many of which are within the 30m setback, likely have a much greater environmental impact than the handful of campgrounds for the following reasons; a) Occupy more shoreline: the amount of cottage lot shoreline is likely many times greater than that of all the campgrounds combined, thereby causing much more disruption. Many cottage lot shorelines have been cleared of vegetation, have manicured lawns running right up to the water s edge, and some include man-made beaches. b) Septic beds close to water: along with all of the cottages within the 30m setback come their septic systems, creating a risk for nutrient loading into the water bodies. Waterfront RVs in contrast, process all affluent in approved septic facilities beyond the 30m setback. 100 cottages within the setbacks also means 100 septic systems within the setbacks. 100 seasonal campers within the setbacks at a campground, means ONE approved septic system beyond the 30m setback. c) Toxic run-off risk: cottages can produce toxic chemical run offs from lead paint, asphalt roofs, oil furnaces, and other substances. Renovations can exacerbate this. RVs have no such pollutants since they are constructed of simple plastic and metal and do not typically go through extensive renovations. d) Larger environmental footprint: cottages are permanent structures involving foundations dug into the ground 3-4 feet. Renovations and additions are common which cause further disturbance. RVs rest on the soil surface requiring no dug foundations and are easily moved with minimal environmental damage. Older RVs are typically replaced with newer ones instead of being renovated. e) Higher occupancy: cottages promote higher occupancy rates than RVs since they are stationary, typically larger, and offer more conveniences. They also require more work and maintenance requiring owners to be onsite more often. Higher occupancy can mean more human activity at the shoreline and affluent. RVs on the other hand, are mobile, smaller, have less conveniences, and require much less maintenance. Fewer people can comfortably occupy an RV than a cottage. f) Greater air pollution: most cottages have fireplaces or wood burning stoves. RVs have neither since they are heated with propane or electric heaters.

20 North Frontenac Campgrounds Group Submission to Council Page 8 of 18 g) Higher water usage: since cottages have their own septic systems, individual water consumption is likely similar to when people are at home. RVs however do not have their own septic beds. For many, water and affluent accumulate in on-board holding tanks which must be emptied regularly and transported to the campground s approved septic system. Thus, RV occupants are motivated to conserve water usage for fear of filling their holding tanks. Campgrounds Promote Lower Carbon Footprint Vacations PKF Consulting, an internationally recognized consulting firm with expertise in travel and tourism, found that families of four taking RV vacations generate less CO 2 than families traveling on a plane, renting a car and staying in a hotel. 9 RV vacations are not only fun, affordable and comfortable for families, says Richard Coon, president of Recreation Vehicle Industry Association, this study shows that they re also more green than vacations including flying. 10 No New Risk from Existing Campgrounds In asking to be exempted from the 30m setbacks, existing campgrounds are not asking for a change of use or proposing new development. Therefore there will be no new risks to the water bodies. Township Double Standard? When it comes to the 30m setback requirement there are examples throughout the township which suggests a possible double standard is taking place. a) Cottages: the township is not demanding existing cottages within the setbacks be moved. This is likely because of their legal non-conforming status and excessive costs required to do so. However because campground RVs happen to have wheels and customers come and go, township is unfairly penalizing campgrounds. It is very costly for an owner to move their cottage. It is equally or more expensive for a campground owner to lose their waterfront RV customers. It costs approximately $3000 to develop a campsite with water and hydro. Forcing campgrounds to abandon their waterfront sites represents a significant hit to the business. Some campgrounds believe it is tantamount to expropriation for which compensation should be offered. b) Township Roads: there are a number of township roads which run right along the shoreline. Examples include roads at Marble Lake, Myers Cave, and Kashwakamak Lake. These roads have many times the negative impact that a campground RV would have. Sparse vegetation, noise, dust, vehicle fluids, salt, are just some of the impacts. Will council comply with the 30m setback and tear up these roads? c) North Frontenac Park Lands: the township makes available 184 backcountry campsites located along the shores of 12 lakes. This means dozens or hundreds of tourists will be trekking through wilderness areas setting up camp. As biologist David Cole pointed out, human activity in natural areas is much more damaging than when confined to an organized campground. Therefore if township is willing to harm or close down campgrounds in applying the 30m setbacks, will it set the example and close down these wilderness campsites? d) Changes to non-conforming structures permitted: section (B) of the Official Plan states that a non-conforming structure can be renovated and added to as long as it does not further encroach towards the water. Changing one trailer for another is much less disruptive to the environment than a renovation and does not significantly increase the structure s footprint as an addition would. It does not involve additions, extensions, renovations, and does not cause increased pollution. If the township allows renovations and additions to existing non-conforming structures, it should allow the simple changing of RVs. 9 Carbon Footprint of Recreational Vehicle Vacations Compared to Fly/Drive/Hotel Vacations, 2008, PKF Consulting. 10 Article: Study Shows RV Vacations Leave Smaller Carbon Footprint than Fly/Drive/Hotel Vacations, 2008, Recreational Vehicle Industry Association.

21 North Frontenac Campgrounds Group Submission to Council Page 9 of 18 North Frontenac Campgrounds: An Endangered Species The number of campgrounds in NF has steadily declined over recent decades, as they have across Ontario. The most recent losses were Beyond the Rock Campground and Malcolm Lake Trailer Park. Reasons include increasingly expensive regulatory obligations, retiring owners, and conversion to other uses. Campgrounds face many challenges including; - a very short season (June-September) - unpredictable weather patterns - expensive infrastructure & facilities maintenance - onerous regulatory requirements & restrictive bylaws - limited expansion ability due to high development costs and regulatory barriers The steady decline in available campsite inventory means reduced ability for NF to host the tourists it is spending money to attract. The area has also lost a number of motels and inns in recent years, further reducing its capacity to accommodate tourists. Most campgrounds are full on long weekends and turning away visitors. To make matters worse, for every campground lost, thousands of dollars in consumer spending are removed from the local economy. New campground development is rare as it is capital intensive and the regulatory requirements onerous. The odds of any new campgrounds being developed in NF are even worse given its geography. Frontenac County s Manager of Sustainable Planning Joe Gallivan recently stated that North Frontenac is composed of 70% Crown Land, which is a challenge for increasing development. 11 All of this means the surviving NF campgrounds are likely the only campgrounds the township will ever see. Once they are gone, they are gone for good. Given their value to the local economy, NF Township should take measures to protect its remaining campgrounds. This assertion is supported by Frontenac County s 2007 Business Retention & Expansion Report which warned; There is general concern over the loss of commercial lakefront property through the sale of resorts and rezoning to residential or less public commercial forms of access (e.g. fractional ownership). If this continues to happen, the County will be left with little prospect for new commercial development (because rezoning to commercial is always an extremely challenging prospect and one that most developers will avoid). The County and its partners may consider making it impossible to rezone commercial property to residential. The County and its partners need to take action with property owners who are nearing retirement. The conversion of these units is the best possible opportunity for new development. Options include more active promotion of these investment opportunities. The County and its partners need to get to each business and need to take a direct action with those businesses and find out if they plan to retire, what they will be doing, etc. 11 Frontenac County recent presentation to North Frontenac Council, 2011, Joe Gallivan.

22 North Frontenac Campgrounds Group Submission to Council Page 10 of 18 North Frontenac Township Out of Balance The township has recently reported that building activity is down 71% from Along with this is likely a decline in jobs and revenue for local businesses. Now more than ever NF needs to support and strengthen its remaining businesses. A recent Land O Lakes Tourism Association report concluded that Focus should be given to using identified underperforming tourism assets that are market ready to attract more visitors. One of its key recommendations includes Take steps to fully engage the tourism industry in tourism destination development. 12 The Land O Lakes Tourism Association is partially funded by NF Township and is charged with the task of attracting tourists. However without campgrounds, there would be a lack of accommodations to host these visitors. Tourists would be forced to go elsewhere, and NF taxpayer dollars spent on tourism promotion would be partially wasted. NF s Official Plan recognizes that Water is an important resource from the standpoint of recreational activities and waterfront-oriented development such that this resource will play a key role in attracting economic growth. 13 NF Township talks about promoting economic development and attracting tourists, however many of its actions say something completely different. To many observers NF appears to be mainly focused on the letter of the law, the regulations, and the environment all at the expense of local businesses and the economy. The township has been viewed as not being business friendly for decades. It is widely believed both inside and outside the NF borders that that the Frontenac Shores developers were put through an unnecessarily expensive planning approval ordeal. In attempting to invest further in the township and expand its operations, Woodcrest Resort is facing the same treatment. These are but two of many examples which serve to reinforce the anti-business image of the township and discourage others from investing here. The perception of many local businesses, not just campgrounds, is that things are out of balance and have been for years. NF Township talks about promoting economic development, however many of its actions say something completely different. A recent study revealed that North Frontenac tourism businesses had a negative shift in their attitude towards their communities, and identified the approval process as an issue. 14 Out of all the Frontenacs, North Frontenac had the lowest percentage (20%) of businesses saying they were very satisfied with the local government business climate compared to the others which ranged from 30 to 39%. In addition, the township was 2 nd from the bottom for the number of businesses who felt somewhat or very dissatisfied with the business climate. 15 Existing and proposed sections of the NF OP and Bylaws threaten to damage many, and possibly shut down some of the local campgrounds. Council is urged to recognize the importance of its campgrounds and take action to remove bylaw-related threats. Campgrounds are not run by large corporations which can absorb revenue losses at one of its many locations. They are mom-and-pop operations run by average Canadians. That means when they are hit with a regulation or bylaw that negatively impacts their business, they suffer financially and have a reduced ability to cope. Maintaining a park is expensive requiring ongoing maintenance and periodic large capital investments (septic, electrical, building upgrades, roads). The Official Plan and bylaws create uncertainty amongst the campground owners which could cause them to defer needed maintenance and improvement projects. Dilapidated parks tend to turn off customers which in turn starts a downward financial spiral and hastens the risk of park closure. 12 Premier Ranked Tourist Destination Framework Final Report August 2011, Land O Lakes Tourism Association, p Official Plan, Township of North Frontenac, Amendment No. 5, p Business Retention & Expansion Report 2007, County of Frontenac, p Frontenac, p.8.

23 North Frontenac Campgrounds Group Submission to Council Page 11 of 18 Official Plan Calls for Flexibility Most campgrounds are located within what is labeled the Lake Development Area. The Official Plan calls for flexibility and recognizes the importance of lakefront tourism industry; The Lake Development Area designation.. forms the primary basis of the tourism sector,.. 16 The application of the Lake Development Area designation must be flexible in order to respond to the varied terrain and development conditions within the Township. 17 Council is therefore asked to recognize the importance of campgrounds and provide flexibility regarding the 30m setback requirement. The local campgrounds recognize that council may be limited in what it can do because of provincial mandates. Still, they ask that it uses whatever tools are at its disposal to aid their cause and bring some balance back to the scene before more campgrounds are lost. Specific Issues and Possible Solutions NF Campgrounds consulted with multiple attorneys and certified planners in coming up with possible solutions. Two of the most experienced professionals consulted were Addington-Highlands Attorney Bruce Cowle, and the former Official Planner for both Lennox & Addington and Frontenac Counties John Uliana. These experienced professionals are highly respected in their fields. Issue 1: 30 meter (98 foot) setback requirement for recreational vehicles. Defined as structures for setback purposes treated the same as cottages. The Problem: this is not an issue for new development. However imposing this on existing campgrounds which have been around for decades is damaging. Many campgrounds have built their business around the waterfront and derive a significant portion of revenue from the waterfront sites. Existing waterfront sites within the setbacks are supported by expensive infrastructure such as underground water, hydro, sewer lines, and above ground infrastructure such as roads, lights, paths, etc. Moving campsites back 30m is easier said than done given this. Also, some parks cannot simply move trailers back because there are trailers behind them. In other cases, there are geographic/terrain constraints. Existing parks have been designed to maximize the use of their existing space to be asked to move all of their waterfront trailers back 30m will cause massive disruption and financial losses for some parks. This will also hurt the local economy through reduced visitors and possible park closures. Possible Solutions a) Under Policies , item F says..where the 30 m (98.4 ft.) setback cannot be achieved, Council may permit a reduced setback. We d like to see this apply to campgrounds and see relief from the setback rule for existing parks which were in operation before the bylaws came into force. This can be conditional upon the parks showing they have a current Certificate of Approval from the MOE, that all grey water pits have been removed from within the setbacks, and that they are complying with the bylaws requiring approved septic facilities and potable water. b) Remove the definition of RV as a structure for establishing setbacks. Not all townships have this definition. c) Permit site-specific rezoning for existing campgrounds in order to allow reduced setbacks for the existing campsites. 16 Official Plan, p Official Plan, p74.

24 North Frontenac Campgrounds Group Submission to Council Page 12 of 18 Issue 2: Denial of Non-conforming Use. Section says it is the intention of this Plan that non-conforming uses should eventually cease to exist. Staff has advised campgrounds that current RVs within the setbacks can stay but they cannot be replaced with new ones. The Problem: township s position on this issue totally disregards the inherent nature of a campground business to have customers come and go. Some trailers may stay on one site for decades, but many will change every couple of years. If new trailers are not allowed to replace existing, this would cause significant financial loss to some campgrounds. While it may not be forcing all existing trailers out of the 30m setback area immediately, this approach has the effect of a slow death for some campgrounds as it gradually loses all of its water front RV campsites. Comments: Section Committee of Adjustment part A Status of Legal Non-Conforming Uses says the following conditions must be met to qualify as non-conforming: i. that the use was legally established prior to the passing of any of the zoning by-laws as set out in Sections 3.6 of this Plan; ii. that the use has continued without interruption from the date of its establishment of the use, or in the case of an interruption, that there has been a reasonable attempt to continue the use during the period of discontinuance; and iii. that the use is deemed to have existed and continued only if there was in fact, an actual user directly involved with the use. This section seems to talk about the use of the land, not a particular structure. In which case the campgrounds have been using the land as campsites for many years and should be allowed to continue to do so. Section 3.6 Minor Variances, Existing and Non-Conforming Uses, 2 nd paragraph says Nothing in this Plan shall prevent the reconstruction of legal non-conforming uses which are inadvertently destroyed by a natural cause.. This suggests that if a structure was voluntarily demolished, another one cannot be put back in its place. This seems to contradict the Ottawa vs. TDL case whereby the Ontario courts backed up the OMB which ruled as long as you can show you had an intent to continue to use the land for the same purpose, you can tear down and re-build. This should include voluntarily removing one RV and replacing it with another since the use of the land was for renting camping sites as part of a business. This can clearly be proven since its part of a campground business with water and hydro hook ups. The same section also says; Nothing in this Plan shall affect the continuance of uses legally established under the provisions of any zoning by-law in force on the date of approval of this Plan or other legally established land uses including uses that do not conform to the land use designations as shown on the Land Use Plan Schedules. This section appears to support the campgrounds argument as it talks about uses of the land. Some local campground owners believe NF recognized their ability to continue the use of their legal nonconforming campsites within the setbacks. An explanatory note within Bylaw passed in 2001 says:

25 North Frontenac Campgrounds Group Submission to Council Page 13 of 18 Possible Solutions: a) Recognize the right of existing campgrounds to continue to use their non-conforming campsites within the 30m so long as they are observing the other bylaws mentioned above such as septic, water supply, etc. Limit compliance to new development only. Issue 3: Campgrounds operating on shoreline road allowance. There is no specific section in the OP which offends campgrounds when it comes to this topic. However park owners would like to see something added to the OP or bylaws which provides a solution to campgrounds facing this issue. Many campgrounds, resorts and other businesses (as well as cottages) are technically trespassing on townshipowned shoreline road allowances and have been doing so for many decades. For some campgrounds, it has been that way for so long, that the shoreline road allowances have been forgotten and have become part of the business operations complete with underground hydro, water, and sewer lines. In other instances where the owner was aware of the road allowance, the absence of the township identifying it as an issue left the impression it was ok to develop and/or operate on the land. A recent event has reminded the campgrounds that they are there at the leisure of the township. The Problem: Campgrounds on the road allowance could be evicted at any time, causing massive disruption to their businesses. There is one particular case where such enforcement would reduce a campgrounds revenue by 50% and force its closure. This has created a high level of uncertainty and fear amongst some campgrounds. A business cannot plan for the future or even be sold to new owners with this uncertainty existing. Currently there is no clear solution for these campgrounds they are in a difficult spot. They cannot apply for a minor variance or site-specific rezoning because they don t own the road allowance. If they apply to buy the road allowance, it will be conditional upon them complying with the 30m setback. Possible Solutions: a) Grant long-term license of occupation or encroachment agreements to affected businesses allowing them to continue their operations on the road allowance and within the setbacks. b) Sell the road allowances to the business and allow them to continue to operate the waterfront campsites as legal non-conforming. c) Sell the road allowances and grant a site-specific zoning change permitting reduced setbacks which allow for the continued use of existing waterfront sites.

26 North Frontenac Campgrounds Group Submission to Council Page 14 of 18 d) Sell the road allowances to the businesses and grant minor variance for the campsites within the setbacks. The problem here is the RVs very close to the water may not meet the four conditions of minor variance. Issue 4: Shoreline Activity Areas Section Policies part C, bottom paragraph says For a non-residential land use, (i.e. recreational vehicle park, campground, tourist commercial use) the shoreline activity area shall be determined on the basis of a shoreline capability assessment conducted in association with an Environmental Impact Assessment and shall generally not exceed 25% of the shoreline. Problem: campgrounds are designed to strike a balance between offering a natural setting and allowing ample waterfront access. This normally does not support massive vegetation and shrubbery with only 25% of space reserved for water front access. Should existing campgrounds be required to create this situation, it will involve many thousands of dollars of re-planting and will take years. It would be a significant disruption to the businesses as planting and watering operations interfere with customer enjoyment. It would also likely result in the potential loss of customers as their access to the water will be reduced by 75%. This section is simply not practical for existing parks which have been in existence for decades. Regardless of the township s decision on this section, we argue it has no place in the Official Plan. An OP is intended to be a broad vision statement document, not a description of bylaws. Therefore the section belongs within the township s bylaws rather than the OP. Possible Solutions: a) Remove the section from the OP. b) Provide relief from this bylaw for existing parks and focus on new development. Issue 5: 20 foot separation distance between trailers (bylaws). In most instances this bylaw is not an issue. However there are some cases where it is necessary to have trailers closer than twenty feet to optimize the use of limited land. No campground was consulted in coming up with the twenty foot rule and park owners object to the township telling them how to run their businesses Possible Solutions: a) Remove from the bylaws. b) Apply the bylaw to new development only. Issue 6: Prohibition of Additions, Enclosures, Roof-Overs Section Decks, Enclosures, Additions and Accessory Buildings and Structures says Enclosures, roof-overs, extensions or additions to a recreational vehicle shall not be permitted unless such structures or construction has been specifically designed or pre-engineered for the recreational vehicle by the manufacturer or after-market manufacturer and are capable of being removed. The Problem: building roof-overs and add-a-rooms are a normal part of the business. Seasonal campers demand and expect to be able to add these things to their RVs for the purposes of enhancing their vacation destination. Restricting these activities amounts to government telling private businesses how to operate and

27 North Frontenac Campgrounds Group Submission to Council Page 15 of 18 the campground owners do understand the rationale. Any RV which is modified in a way which makes it not readily movable is subject to property tax and that only benefits the township coffers. Regardless of the township s decision on this section, we argue it has no place in the Official Plan. An OP is intended to be a broad vision statement document, not a description of bylaws. Therefore the section belongs within the township s bylaws rather than the OP. Possible Solutions: a) Remove this from the OP. b) Provide relief to existing parks, focus on new development. c) Allow the additions/roof-overs/enclosures but state they must comply with safely and building codes. Summary Campgrounds are a vital part of the NF economy bringing in thousands of visitors and strengthening local businesses. However they are an endangered species with more closing down or being converted as time goes on. No new parks are being created. Campgrounds are facing increasingly onerous regulations from multiple levels of government. Their impact on the environment and water bodies is low especially compared to cottages and given the very small amount of shoreline they occupy. Pursuing the current and proposed bylaws will cause significant harm to these businesses, other stakeholders (visitors and local businesses), and achieve no discernable environmental gain. Council is urged to work with and not against its campgrounds as they seek to survive in these challenging times. Supporting the campgrounds is in harmony with the township s economic development goals and does not threaten the environment. Supporting Campgrounds This group submission is made on behalf of the campgrounds of North Frontenac. The following campgrounds actively support this effort: Cedar Lodge Campground Sherwood Park Campground Woodcrest Resort The Loon s Call Campground Twin Cedars Camping & Cottages Lancaster s Resort Hyatt s Glen Haven Resort Ardoch Falls Wilderness Tent and Trailer Park Cooperston on The Mississippi (formerly Hillside Haven Tent and Trailer Park) Bayview Cottages Bon Echo Family Campground Pine Lake Cottages and Trailer Park Since it is off-season, three campgrounds could not be reached to verify their desire to participate.

28 North Frontenac Campgrounds Group Submission to Council Page 16 of 18 Attachment A: Devastating consequences of the 30m setback requirement These illustrations represent two actual campgrounds in North Frontenac and the devastating impact the 30 meter setback requirement would have on them. Their names have not been included for confidentiality reasons. The illustrations are not to scale and do not include the full number of RVs or facilities but do accurately depict the magnitude of campsite loss. CAMPGROUND A Campground A would lose more than half of its revenue and half of its property would become unusable for RV campsites. The thousands of dollars invested in developing those sites would be lost. No longer financially viable, the park would be forced to close.

29 North Frontenac Campgrounds Group Submission to Council Page 17 of 18 CAMPGROUND B Campground B would be completely wiped out by the 30m setback requirement and would for sure close.

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