Town of Fogo Island

Policies & Regulations

Documents

 

Community Hall Rental/User Policy

The Town of Fogo Island has adopted a "Community Hall Rental/User Policy" to standardize the use of community halls. The Council recognizes the value of community halls as a meeting place for social, fund-raising and other community and private functions, and of the need to support the operation of these facilities as long as they are being utilized by the community. Community halls need to be maintained and operated in a safe and hygienic condition, and should be reasonably accessible to all. A fair fee structure for the use of the halls is required to defray a portion of the operating costs.

1. Community Halls
The following properties are covered by this policy:
a. Stag Harbour — New hall on Highway 333
b. Seldom Community Hall
c. Island Harbour Community Hall
d. Fogo Community Hall
e. Joe Batt's Arm Community Hall
f. Tilting Fire Hall

2. Responsibility of Council
The Town of Fogo Island agrees that, subject to availability of funding in its annual budget, it will provide the following services to each Community Hall:
a. Electrical Power
b. Heat, either by Oil or Electricity
c. Water and sewer
d. Property, Fire and Liability Insurance
e. Weekly garbage removal
f. Regular light maintenance and repairs to property, grounds and appliances, up to approved annual budget
g. Snow-clearing on a non-priority basis
h. Capital maintenance as required and as funding is available
i. Annual fire inspections, occupancy permits, and fire extinguisher maintenance
j. Consumables such as toilet tissue, paper towels, cleaning supplies, light bulbs and fluorescent tubes
k. Cleaning of the facility and grounds if provided for in the rental agreement.

3. Responsibility of Users
a. Users must pay the rental fee and any deposit when booking the facility
b. Users must obtain any necessary licenses and permits for their events (e.g. Liquor License, Bingo Permit).
c. Security is the responsibility of the user.
d. Additional event insurance is the responsibility of the user
e. All users are responsible for cleanup of the facility and grounds to the satisfaction of the Town or a fee will be charged to the user for the cost of the cleanup
f. Cost of repair of any damage to the facility during the rental
g. Obtaining and returning keys to the Town Office

4. Rental Fees and Policy
Fees shall be set annually by the Council in its annual budget, and shall be set as follows effective April 15, 2013:
a. Private, Government and For or Not-Profit Organizations — Must perform own cleanup of the facility and grounds to the satisfaction of the Town or a fee will be charged to the user for the cost of the cleanup
i. Hourly rentals - $15.00 per hour, minimum $50.00 plus HST (This would include birthday parties for kids, bridal/baby showers, adult darts, meetings, etc.)
ii. Daily Rentals up to twelve hours - $180.00 plus HST (This would include weddings, anniversary parties, birthday parties, etc., that would require set up and cooking/preparing meals)
iii. Daily and overnight, 24 hour period - $200.00 plus HST
iv. Weekly Rentals, 5 to 7 consecutive days - $150.00 per day plus HST
v. Reasonable set up time will not be charged if no other rental is scheduled
vi. Refundable damage deposit - $100.00
b. Programs run by the Town - Must perform own cleanup of the facility and grounds to the satisfaction of the Town or a fee will be charged to the user for the cost of the cleanup
i. No charge

5. Miscellaneous
a. There shall be no smoking in any building operated by the Town
b. There shall be no deep-fat fryers operated in any building operated by the Town
c. The Town may terminate any rental or refuse to rent to any party at its sole discretion, and for:
i. Non-payment of any fees or costs
ii. Unruly, noisy or improper behavior
iii. Failure to abide by any conditions of any rental agreement or any Municipal, Provincial or Federal law or ordinance

6. Council Donation Policy
Will be applicable to this policy for in-kind donations.

7. Administration
This policy shall be administered by the Town Office, and is the primary responsibility of the Town Clerk.

 

Community Grant Policy

The Town of Fogo Island has adopted a "Community Grant Program" to provide limited financial assistance to community groups and organizations within the Municipality to assist with activities or special events. This support is in recognition of the value of these groups to the well-being and growth of the community and in helping the municipality retain a strong community focus.
Funding Options:
Each year, as part of the annual budget process, Council will determine the financial commitment to the "Community Grant Program".
In addition to direct grants, "In Kind" grants will also be considered. "In Kind" grants may consist of the use of Municipal property at reduced or no cost, waiving of permit fees, municipal staff support, loan of equipment or material and insurance coverage.

Categories for Funding

  1. Supporting Youth/Senior Events

  2. Supporting Church Events

  3. Community Beautification

  4. Community Heritage and Culture

  5. Tourism Development

  6. Community Special Events

Eligibility Criteria
  1. Grants will not be available to groups that have failed to comply with the reporting requirements from previous grants.

  2. Applicants, with the exception of local elementary and secondary schools, must be non-profit community groups and organizations — individuals are not eligible.

  3. Organizations and/or charities whose primary focus is not within the Municipality shall not be considered for a municipal donation or grant. Similarly, organizations that are in a position to issue charitable tax receipts themselves shall not be considered for a municipal donation or grant, with the exception of in-kind rentals to church groups.

  4. Larger organizations that may be located with The Town of Fogo Island but are more County of Lambton oriented organizations that represent or service a special interest group shall not be considered for a municipal donation or grant under the Community Grant Program.

  5. One-time special requests for assistance will be considered on an individual merit basis. Examples of these types of requests would be flood or ice storm disaster relief requests either locally or on a broader scope.

  6. The grant shall not be considered as the primary source of funding for the organization. Grants are intended to be supplementary to main sources of funding for organizations. The group must show exploration of other financial support and option i.e. Fund-raising and volunteer support.

  7. The Town of Fogo Island, through its grants process, will not contribute to outstanding deficits. In the event that a recommendation is made to provide funding for a program from which the Municipality is owed funds, the municipality has the right to reduce the recommended grant amount by the amount of monies outstanding.

  8. Unless special circumstances warrant, consideration will not be given to requests for grants from recreational sports groups (with the exception of minor sports organizations); nor will funds be used to sponsor an individual athlete or team for a competition or to subsidize participation in a sports event.

  9. There will be consideration given to providing donations to local elementary and secondary schools for special projects or events.

  10. The granting of financial assistance in any year is not to be regarded as a commitment by the Municipality to continue such assistance in future years. In addition, the Municipality will not provide guaranteed funding beyond the current year — i.e. an allocation of assistance each year for a three year period.

  11. Retroactive funding will not be considered.

  12. No financial donations or grants will be considered unless specifically authorized by this policy. In making grants, the Municipality may impose such conditions as it deems fit.

Guidelines - Applications

All grant applications shall be submitted on the "Municipal Grant/Assistance Application Form" and directed to the Town Manager sixty days before the event, and shall include:

  1. The name of the organization(s), and the contact information (name, address and telephone and fax number) of a person who can answer questions regarding the information submitted on the application:

  2. Financial assistance or "In Kind" Donation requested;

  3. If the request is for a Special Event, brief description of the event; including objectives of the event, or the benefits to the community resulting from the event;

  4. Details on the Organization;

  5. List of Executives of the Organization;

  6. Other sources of funding;

  7. Budget for the event/organization, and the financial statement from the previous years' event or the organization's financial statement from the previous year
    a.If report shows a surplus, a statement of intended use of the surplus
    b.If report shows a deficit, a statement as to how the deficit will be eradicated

Municipal Review
  • All requests for financial donations and grants will be considered having regard for the Municipality's current budget. Under normal circumstances, only one request per organization is to be considered in a calendar year.

  • Applications will be reviewed for completeness, accuracy, compliance with this policy.

  • Incomplete applications will be returned to the organizations, with a list of the additional information required.

  • Applications that do not comply with the policy will be returned with an explanation as to why the request does not comply.

  • All grants/awards will be assessed in terms of the need for the project; cost effectiveness, financial viability; contribution to the quality of life in the community and community involvement/response.

  • Staff is authorized to administer requests for donations of less than $200.00. Applications in excess of $200.00 shall be forwarded to council for final approval.

Accountability
  • Applicants awarded a grant will be held accountable for the expenditure of the funds in accordance with the stated objectives/plans. Grants in future years will be reviewed based on past demonstrated fiscal responsibility of the applicants.

  • Funds granted under this program are not transferable between projects or groups without prior Council approval, and must be used for the specific purposes outlined.

  • Accountability statements must be completed and submitted by December 31st of the year.

  • The statement shall include:
  • A description of the completed event.

  • A financial statement for the event, listing all expenditures and revenues pertaining to the event/project, and the use of the funds granted by the Municipality.

  • The statement is to be signed by a representative of the organization.

For Organizations

The Year End Financial Statements are to be submitted by December 31 of the year following the grant.

Municipal Liability Insurance Coverage

  • In support of the efforts of volunteers, community groups and organizations, the Municipality may extend its liability insurance coverage to the directors and volunteers associated with community events. The insurance coverage offered would protect the organizers from third party liability claims by those who sustain an injury or property damage by participating in or attending the event.

  • Groups wishing to be covered under the Municipal Insurance liability coverage are required to provide details on the event, including the date, location, activities, names of volunteers and the directors (which is to include at least one Municipal Councillor), a copy of the operating budget, and how the proceeds from the event will be distributed. Within 30 days of the event, final financial information is to be submitted to the Municipality. The information provided will be submitted to Council and if the event meets the Municipal criteria, a resolution would be passed allowing them inclusion under our insurance program, and the group is informed of the coverage provided and the reporting requirements.

Application Dates

Applications must be received prior to December 31st of the year prior to that of the event.

Administration

This policy shall be administered by the Town Office, and is the primary responsibility of the Town Clerk.

 

Accounts Receivable Policy

Adopted September 20, 2011.

1. Purpose

a. In order to operate effectively and efficiently, the Town's accounts receivable must be collected in a timely fashion.
b. Taxpayers must be treated in a fair and consistent manner, and must be aware of their obligations and the consequences of non-payment.
c. Taxes are not a fee for service.
d. This policy applies to all authorized taxes and any other services provided by the Council.

2. Liability for taxes

a. Taxes shall be levied against all assessed property in accordance with the Municipalities Act, the Assessment Act and this policy.
b. Every lot of land that is connected or capable of being connected to municipal water and/or sewer services shall be taxed as a separate water and sewer service.
c. Each assessed property shall be charged the appropriate mil rate or minimum tax.

i. Owners of multiple properties shall be charged the appropriate mil rate on each property, subject to paying the appropriate minimum tax for the aggregate of the properties, whichever is greater.

ii. Adjoining properties may be combined on the next regular assessment roll at the request of the property owner, and subject to development regulations.

3. Billing and due dates

a. Taxes
i. All taxes (Property, Business, Water and Sewer and Poll) will be billed in January of each year and are due and payable in full when billed.
ii. Compound interest at the rate prescribed annually by Council will be applied to current year taxes unpaid as of May 31st of each year. Interest will be calculated and posted to the account as of the end of each month commencing June 30th.
iii. Interest on prior years' taxes outstanding shall be calculated and posted to the account as of the end of each month.

4. Discounts

a. No discount shall be allowed for early or advance payment of any taxes or other services.
b. No discount shall be allowed for seasonal residents or for any period when water or sewer is not provided for any reason whatsoever.

5. Payments

a. Payments on accounts shall be applied firstly to interest, then to taxes owing, in the order that the taxes were billed — oldest amounts will be credited first.

6. Past Due Accounts

a. Amounts unpaid by May 31st in each year shall be considered past due.
b. To avoid collection action;

i. Taxpayers may make arrangements to pay outstanding balances (previous and current years' taxes) by payment agreement or by post-dated cheques.
ii. Payment in full must be made by December 31st of the current year. Interest charges shall apply.
iii. Any missed payments or dishonoured cheques will void the repayment agreement.

7. Collection action

a. All past-due accounts shall receive a statement as of May 31st indicating the balance owing and advising that collection action may be taken on the account.
b. Accounts still past-due as of June 30th shall receive a registered letter advising that if payment or payment arrangements are not made within ten working days:

i. services will be discontinued
ii. water services will be shut off after the ten-day period.
iii. services will not be restored until tax account is paid in full.

c. No Building, Development or Occupancy Permits will be issued for any person or property where taxes are in arrears and there is no current repayment plan.
d. No Crown Land Referrals Permits will be issued for any person or property where taxes are in arrears and there is no current repayment plan.
e. No other Town services such as equipment or space rentals will be supplied for any person or property where taxes are in arrears and there is no current repayment plan.
f. No property title shall be transferred until current and past-due taxes are paid in full for the year.
g. Any monies owing to any person shall be offset against any arrears.
h. For properties to which there is no legal title, or for other accounts not relating to taxation, Council shall consider other avenues of collection such as court action to attach assets or garnish wages.

8. Tax Sale

a. Council shall order a tax sale of any property on which taxes are in arrears for more than two years, in accordance with the relevant provisions of the Municipalities Act.
b. Staff shall provide Council with a list of properties for which tax sale is an option at the July meeting of each year.

 

Water Supply and /or Sewerage Disposal Regulations, 2014

Adopted October 15, 2014

PUBLISHED BY AUTHORITY

Pursuant to the authority conferred by Section 161 of the Municipalities Act, the Town of Fogo Island has made the following regulations.

REGULATIONS

1. These regulations may be cited as the Town of Fogo Island (Water Supply and /or Sewerage Disposal) Regulations, 2014

2. Interpretation: In these regulations, unless the context otherwise requires:

a. "Act" means The Municipalities Act";
b. "Council" means the Town of Fogo Island;
c. "Town" means the Town of Fogo Island;
d. "Municipality" means the Town of Fogo Island;
e. "Customer" means any person, firm or corporation who or which contracts with Council to be connected to the system;
f. "Service" means the water supply and /or sewerage disposal service supplied to a customer;
g. "System" means the water supply and /or sewerage disposal system of the Town of Fogo Island;
h. "Building" means a home, residence, business or any other building connected to or to be connected into the system.

3.
a. Every owner or occupier or both of a building or part thereof that is within the Municipality and within forty-five (45) meters of the system, shall have such building or part thereof connected to the system whether through a separate hook-up or an extension from the main building hook-up system.
b. Where a building is rented or part of a building is rented the owner of that building shall be billed the water tax and/or sewer tax for each residential unit.

4. No service shall be provided by the system until the prospective customer contracts with Council to be connected to the system.

5.
a. Service lines shall be installed to within five (5) feet of a residence, when installed under a Capital Works Program. Service lines for water supply shall be 19mm (¾ inch) copper or ¾ inch PVC (160 PSI) for a single family residential unit or such greater size as may be approved by Council for multiple residential units and commercial buildings.
b. Service lines for water supply shall be installed at a minimum underground depth of 1.5 meters (5 foot) unless otherwise approved by Council.

6.
a. Service lines for sewerage disposal shall be 100mm (4 inch) PVC or equivalent for a single family residential unit or such greater size as may be approved by Council for multiple residential units and commercial buildings.
b. Service lines for sewerage disposal shall be installed at a minimum underground depth of 1.5 meters (5 feet) unless lateral with the service line for water supply in the same trench.
c. The grade for a service line for sewerage disposal shall be a minimum of 2.00% and shall be as much as possible in a continuous straight line without sags or crests; but where a bend is necessary it shall be with the use of a clean flute.

7. There shall be one only service line for water supply and one only service line for sewerage disposal to each building unless otherwise approved by Council.

8.
a. Service lines from the main to 1.5 meters (5 feet) of the building shall be installed by Council for the customer for the standard cost recovery fee. (If installed under a Capital Works Program, otherwise the homeowner will be responsible for the full cost to install the service.)
b. Service lines from 1.5 meters (5 feet) of the building shall be installed by the customer or his representatives with the prior approval in writing of Council and shall be subject to inspection by a Council representative prior to backfilling.

9. Where Council installs a service line for the customer, the cost of such installation shall be paid before the service connection is completed.

10. No customer shall have his property connected to the system where such customer is in arrears payable to Council.

11. No person except an employee of Council or other representative engaged for that purpose, shall connect service lines to the system.

12. Representatives of Council shall have the right of access to all parts of a customer's property or premises at all reasonable hours for the purpose of installing, reading, inspecting, repairing, or removing meters and Council shall have the right to suspend service to any customer who refuses such access.

13.
a. If trouble occurs in a service line between the main and the curb stop, it shall be repaired at Council's expense; but where the trouble occurs elsewhere in a service line, it shall be repaired at the customer's expense. For Town owned septic systems, the distance from the curb stop to the home will be measured and that same distance will be used as the measurement from the home leading to the septic system, to determine the responsibility of the homeowner. However, if it is determined that the trouble was caused by the customer and occurred anywhere within in the service line, the customer will be responsible for all expenses and/or damages. Before any work commences the property owner shall sign a form which will state his/her responsibility for repairs and/or damages that may be deemed the property owners responsibility.
b. If any work is carried out by the Town for repairs anywhere within a service line, the Town will only be responsible for backfilling and not responsible for the replacement of asphalt, grass, concrete, etc. or perform any landscaping, to the Customers property and/or his/her neighbor's property; it shall be the responsibility of the property owner.
c. Council will not be responsible for any freeze-up in the winter except as above in 13.a, between the main and the curbstop. Council will not be responsible for freeze-ups from the building to the curb stop; however, will lend assistance by providing a portable thawing device, for a maximum of 24 hours.
d. In the event of a leak in a water supply service line, Council may discontinue the supply of water to the service line if such action is necessary to prevent wastage of water; and, except in the case of an emergency, the customer shall be given adequate prior notice of Council's intention to discontinue the supply of water.

14. No person shall indiscriminately use water nor shall that person sell or give water to any person except under such conditions or for purposes as may be approved by Council in writing.

15. No person shall dispose of chemicals or other such material not normally used by a household into a service line or sewerage disposal.

16. No person, unless authorized by the Council, shall draw water from, open, close, cut, break, obstruct from free access to, or in any way injure or interfere with any hydrant, water main, water supply pipe, stop cock, meter, or any other part of the system, except, that nothing contained in these regulations shall be deemed to prevent a member of a fire department, when engaged in work of such department, from using any hydrant or other part of the system.

17.
a. Invoices for water and sewerage tax shall be rendered January 1st of each year and shall be due and payable on such a date as set by Council, except where special arrangements for deferred payment of bills for water and sewerage tax have been made with Council;
b. Water supply service may be discontinued with 24 hour notice to any customer whose bill for water and sewerage taxes remains unpaid 30 days after the final due date, except where special arrangements for deferred payment of bills for water and sewerage tax have been made with Council;

18. Pursuant to Section 443 of the Act, every person who contravenes or fails to comply with any of the provisions of these regulations is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars ($1000.00) or in default of payment to a period of imprisonment not exceeding ninety (90) days or to both such fine and period of imprisonment.

19. These regulations were adopted by resolution of Council at a meeting held on the 14 day of October, 2014 and will become effective on the 15 day of October, 2014.

20. All previously adopted water supply and/or sewerage disposal regulations for the Municipality are hereby repealed.

 

ANIMAL CONTROL REGULATIONS

The Municipal Council of Fogo Island, under
Section 413 and 414 (2) (g) and (q) of the Municipal Affairs Act, 1999
hereby enacts the following regulations:

1. a)An owner of an animal shall keep it safely tethered or penned at all times to prevent it from running at large or roaming.
b) Notwithstanding subsection (a), an animal need not be tethered or penned up where,
i) It is held on a leash by a person capable of restraining its movement
ii) It is kept or used for another purpose.

2. Under these regulations, the following definitions shall apply.
a) "Owner" when used in reference to the ownership of an animal, includes a person who has custody, charge or possession of an animal and/or who is the owner of a house or premises where an animal is kept or is permitted to live or remain.

b) "Animal" means a domestic animal and/or livestock.

c) "Running at large or roaming" means to be unleashed.
i) In a public place
ii) On premises not owned by, or in possession of the owner of the animal.

3. Any person who violates the provisions of these regulations shall be guilty of an offence, and shall be liable to a minimum fine of $50.00 for the first offence and a minimum fine of $75.00 for a second and each subsequent offence.

4. An owner of an animal who is known to have committed a breach of these regulations shall be so notified, by registered letter, by the Clerk of Council who shall, in the notification:
a) Inform the owner of his/her breach of regulations
b) Inform the owner of the fine for which he/she is liable in consequence
c) Provide information as to:
i) Where and how the fine may be paid.
ii) The recourse to collection procedures in the event of default of payment voluntarily.

5. Prosecutions under these regulations may be taken summarily by any Police Officer.

6. These regulations shall come into effect May 19, 2015 AD, and all previously adopted animal control regulations for the Municipality are hereby repealed.

 

Assuming Ownership of Non Town Owned Roads

PURPOSE:
Policy for when considering assuming ownership of non Town owned roads.

AUTHORITY:
As per resolution number 2016-018, January 21, 2016.

ACTION:
Any resident wishing to have their road become a Town road must apply to the Town in writing. Town staff will visit the road and assess the road to determine if it meets current Town standards.

Before the Town of Fogo Island considers assuming ownership of non Town owned roads, the following must be considered:
1. A minimum of two (2) homes shall be on the designated road.
2. The road shall have a turnaround or alternate exit.
3. The minimum width for the road top shall be 12 foot.
4. The current condition of the road shall have an improved driving surface clear of any objects that will impede drivers or Town equipment.
5. The road must become the property of the Town of Fogo Island.

Town contribution to upgrades
If the road does not meet the policy requirements, residents can apply to the Town for contributions towards upgrading.

Each year Council will budget a set amount for its road upgrade policy based on its financial position at that time. Council will contribute up to a maximum of $5,000 per road for upgrading as per the Town of Fogo Island's Town Road Policy standards, for a total not exceeding the budgeted amount for road construction for that year.

If a road becomes the property of the Town, the Town will not be responsible for any damage occurring within 6 meters from the side of that road.

The Town of Fogo Island reserves the right to make any adjustments to this policy during implementation.

Meeting Date: January 21, 2016. Resolution Number: 2016-018

 

Policies