4.1 Order of Proceedings - Dog Designation 5

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1 Township of Centre Wellington Council Agenda Monday, May 29, 2017 Closed Session - 5:00 pm - Veterans Hall B Dog Designation Appeal - 6:00 pm Open Session - following Appeal Council Chamber, 1 MacDonald Square, Elora Page 1. CALL TO ORDER 2. DISCLOSURE OF PECUNIARY INTEREST UNDER THE MUNICIPAL CONFLICT OF INTEREST ACT 3. CLOSED SESSION 3.1 THAT the Council of the Township of Centre of Wellington convene in closed session in accordance with section 239(2)(e)&(f) of the Municipal Act 2001, as amended, pertaining to litigation or potential litigation before the Ontario Municipal Board and to consider advice that is subject to solicitorclient privilege, including communication necessary for that purpose. 4. DOG DESIGNATION APPEAL HEARING - 6:00 PM 4.1 Order of Proceedings - Dog Designation 5 5. MATTERS ARISING FROM CLOSED SESSION 6. PRESENTATIONS/ANNOUNCEMENTS 6.1 Mayor's County Council Report 6.2 Councillor's Committee Updates 6.3 Draft Growth Management Study - Krista Walkey, Stantec Consulting 7. CONFIRMATION OF AGENDA 7.1 THAT the Council of Township of Centre Wellington confirm the agenda for the meeting held May 29, CONFIRMATION OF MINUTES 8.1 Council - 21 Feb Minutes - Pdf 6-30 Page 1 of 51

2 Council - 24 Apr Minutes - Pdf Recommendation: THAT the minutes of the Council meeting held February 21, 2017 and April 24, 2017 be adopted as circulated. 9. REPORT FROM THE COMMITTEE OF THE WHOLE MAY 23, Committee of the Whole Report - 23 May 2017 Recommendation: THAT the Council of the Township of Centre Wellington approve the report from the Committee of the Whole dated May 23, 2017 as circulated DELEGATIONS 11. CONSIDERATION OF REPORTS 11.1 Commercial Access Agreement, River Bug Operation at Confederation Park and Bissell Park Report from B. Detzler, Managing Director of Community Services Presentation by: Ken Thompson, Owner / Operator, Elora Raft Rides (River Bug Adventure Trips) CS Pdf Recommendation: THAT the Council of the Township of Centre Wellington authorize the Mayor and Clerk to enter into an agreement with Ken Thompson, owner/operator Elora Raft Rides permitting access in Confederation Park and Bissell Park for the purposes of operating a river raft adventure business Application for an Exemption to Noise By-law Report from L. Miller, Supervisor of Customer Service / Deputy Clerk COR Pdf Recommendation: THAT the Council of the Township of Centre Wellington approves the request from Melisa Boyle for an exemption to By-law , the Noise By-law for the Township of Centre Wellington, to permit the amplification of music at 131 Millford Crescent, Elora, on Saturday, June 10, 2017 between 11:00 p.m. to 1:00 a.m., for a wedding celebration; 43 AND THAT the applicant ensure neighbouring property owners are notified in advance of the event Anniversary Celebration - Gorge Country Kitchen Report from K. O'Kane, Manager of Legislative Services / Municipal Clerk Page 2 of 51

3 COR Pdf Recommendation: THAT the Council of the Township of Centre Wellington has no objection to the temporary extension of the licensed area at the Gorge Country Kitchen restaurant as outlined in their application, with respect to the 20th year anniversary event scheduled for Saturday, June 24, By-law to Set the 2017 Tax Rates Report from W. Snarr, Managing Director of Corporate Services COR Pdf Recommendation: THAT the Council of the Township of Centre Wellington adopt a by-law to set the township tax rates for Appointments to the Groves Memorial Community Hospital Board of Directors Report from K. O'Kane, Manager of Legislative Services / Municipal Clerk COR Pdf Recommendation: THAT the Council of the Township of Centre Wellington confirms the following appointments to the Groves Memorial Community Hospital Board of Directors: Howard Dobson 3 years, expiring at AGM in 2020 Anthony Caldwell 3 years, expiring at AGM in 2020 Gord Feniak 3 years, expiring at AGM in 2020 Paul Smith 3 years, expiring at AGM in 2020 Jackie Ranahan 3 years, expiring at AGM in 2020 Helen Bogl 2 years, expiring at AGM in 2020 Gilles Madore 2 years, expiring at AGM in 2019 Dale Clarke 1 year, expiring at AGM in 2018 Dan MacLachlan 1 year, expiring at AGM in INFORMATION ITEMS 13. BY-LAWS A By-law to amend the Township of Centre Wellington Zoning Bylaw to change the zoning of land from R2 to R2.77.6, R and EP (367 Garafraxa Street E., Fergus) A By-law to amend the Township of Centre Wellington Zoning Bylaw , as amended, to change the zoning of certain land from R3 Page 3 of 51

4 to R1C (Scott Street) A By-law to amend the Township of Centre Wellington Zoning Bylaw , as amended, to remove the holding zone symbol from certain lands zoned A(H). (635 Wellington Rd 18) A By-law to set tax rates for A By-law to authorize the Mayor and Clerk to execute a Licence Agreement between The Corporation of the Township of Centre Wellington and Grand River Conservation Authority (Wilson Flatts) A By-law to authorize the Mayor and Clerk to execute a Commercial Operator Access Agreement between Elora Raft Rides and The Corporation of the Township of Centre Wellington Recommendation: THAT By-laws through be read a first, second and third time and passed, signed by the Mayor and Clerk and the Corporate Seal affixed. 14. QUESTIONS FROM THE MEDIA 15. CONFIRMATORY BY-LAW 15.1 A By-law to confirm the actions of Council Recommendation: THAT By-law to Confirm the Proceedings of Council at its meeting held May 29, 2017 be introduced a first, second and third time and passed in open Council. 16. ADJOURN Page 4 of 51

5 Order of Proceedings A Hearing under By-law , Section 10 Appeal of a Potentially Dangerous Dog Designation Date: May 29, 2017 Location: Township of Centre Wellington Council Chamber, 1 MacDonald Square, Elora Time: 6:00 p.m. Order of Business: 1. Hearing Called to Order - Mayor Kelly Linton 2. Purpose of Meeting and Decision of the Council Lisa Miller, Deputy Clerk 3. Statement and Evidence Related to the Incident Tovah Veats, Animal Protection Officer 4. Opportunity to Question the Animal Protection Officer 5. Statement and Evidence of Appellant 6. Opportunity to Question the Appellant 7. Statement & Evidence of Witness in support of Animal Protection Officer s Case Any witnesses in support of the animal protection officer will be asked to step forward and provide their statement. 8. Opportunity to Question Witness 9. Statement & Evidence of Witness in support of Appellant s Case Any witnesses in support of the appellant will be asked to step forward and provide their statement. 10. Opportunity to Question Witness (a) Animal Protection Officer (b) Members of Council 11. Summary Arguments (a) Animal Protection Officer (b) Appellant 12. Decision of Council 13. Adjourn Hearing and Proceed with Regular Council Meeting Page 5 of 51

6 Township of Centre Wellington Council Minutes Tuesday, February 21, 2017 Council Chamber 6:15 PM PRESENT: Mayor Kelly Linton Councillor Don Fisher Councillor Kirk McElwain Councillor Mary Lloyd Councillor Fred Morris Councillor Stephen Kitras Councillor Steven VanLeeuwen REGRETS: STAFF: Chief Administrative Officer, Andy Goldie Manager of Legislative Services/Municipal Clerk, Kerri O'Kane Supervisor of Customer Service/Deputy Clerk, Lisa Miller Managing Director of Planning& Development, Brett Salmon Managing Director of Community Services, Brian Detzler Managing Director of Infrastructure Services, Colin Baker Managing Director of Corporate Services, Wes Snarr 1. Call to Order 2. Disclosure of Pecuniary Interest Under the Municipal Conflict of Interest Act 3. Closed Session 3.1 Moved by Councillor D. Fisher, Seconded by Councillor M. Lloyd THAT Council of the Township of Centre Wellington convene in closed session in accordance with section 239(2)(c) of the Municipal Act 2001, as amended, to consider a proposed disposition of land by the municipality. 4. Reconvene in Open Session 4.1 Moved by Councillor S. VanLeeuwen, Seconded by Councillor M. Lloyd THAT Council reconvene in open session. Page 1 of 13 Page 6 of 51

7 Council Minutes February 21, Public Meeting to Consider Zoning Amendment 5.1 Mayor Linton indicated the purpose of this public meeting is to present and receive public input regarding a proposed zoning by-law amendment on the subject property known as St. David Street South, Fergus. The purpose of the proposed zoning by-law amendment is to change the zoning of the land from R1B to R1B Site Specific. The effect of the proposed amendment is to permit the re-development of the property with a total of 7 residential units. Mayor Linton indicated if a person or public body does not make oral submissions at the public meeting, or make written submissions to the Township of Centre Wellington before the by-law is passed, the person or public body is not entitled to appeal the decision of the Township of Centre Wellington to the Ontario Municipal Board. Mayor Linton indicated if a person or public body does not make oral submission at the public meeting, or make written submissions to the Township of Centre Wellington before the by-law is passed, the person or public body may not be added as the party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Mayor Linton indicated if anyone wishes to be notified of the adoption of the proposed zoning by-law amendment, a written request must be made to the Municipal Clerk, Township of Centre Wellington, 1 MacDonald Square, Elora, ON N0B 1S0. The Municipal Clerk advised the notice was mailed to prescribed persons, agencies and public bodies on January 27, A copy of the notice was also placed in the Wellington Advertiser on January 27, The Municipal Clerk confirmed the requirement for giving notice was completed on January 27, Mariana Iglesias, Planner, indicated the rezoning application for the subject property at St. David Street, South is to recognize and allow residential intensification within the existing structures on the property. She indicated the property is located on the south side of Queen Street, East and the Grand River, and on the east side of St. David Street, South. M. Iglesias noted the property is also included on the Municipal Heritage Register as a listed heritage property. M. Iglesias noted two residential structures are currently located on the property; a two storey brick dwelling circa 1865 and a detached former coach house Page 2 of 13 Page 7 of 51

8 Council Minutes February 21, 2017 structure as well as a storage shed. M. Iglesias indicated that prior to the current owner s purchase of the property last summer, there were 8 residential units within the house and 2 within the coach house. The 8 units were not legally recognized. The application proposes to rezone the property from R1B residential to a site specific R1B zoning to permit a total of 7 residential units within 2 structures. M. Iglesias noted the zoning amendment would also recognize site specific deficiencies including; a) rear yard setback of 0m for the existing coach house, and b) side yard setback of 0.2m for the existing shed. Mayor Linton calls on Mr. Jeff Buisman, the applicant s agent to make a presentation. Jeff Buisman, Van Harten Surveying provided an overview of the project and responded to questions regarding the reduction in living space, the parking allotment, and the necessary upgrades to the water and sanitary services. Mayor Linton asked the registered delegation to step forward at this time. Mr. Robert Wilson, neighbour, noted he does not want to hinder the development of the subject property, but does wish an outstanding encroachment onto his property resolved prior to the adoption of the zoning amendment. In response to a question, Jeff Buisman explained the discrepancies between the surveys completed in the 1970 s and the 1980 s and the location of the boundary line. He noted the dispute over the location of the boundary line/encroachment of the coach house have no bearing on the zoning amendment. Mayor Linton asked if anyone else wishing to speak to come forward at this time and to please state their name and address. Brian O Krafka, 180 Queen Street, indicated he would prefer the property not be intensified and be reconverted to a single family dwelling. He feared property values in the area would decline with high density housing. Mayor Linton advised that written comments are encouraged to be Page 3 of 13 Page 8 of 51

9 Council Minutes February 21, 2017 submitted to the Municipal Clerk. He thanked everyone for attending and advised Council will consider all input prior to making a decision. Mayor Linton declared the meeting adjourned. 6. Business Arising from Closed Session 6.1 Mayor Linton indicated a matter regarding a land sale was discussed by Council in Closed Session. Moved by Councillor S. Kitras, Seconded by Councillor S. VanLeeuwen THAT Council of the Township of Centre Wellington approve the sale of 1.5 acres of Township-owned Industrial land, known as 191 Gregson Court, Fergus Industrial Park at a price of $108,750.00; AND THAT the Mayor and Clerk be authorized to execute an agreement. 7. Presentations/Announcements 7.1 Mayor's County Council Report Mayor Linton provided highlights of the Talent Attraction Program and noted County projects under the Canada 150 Community Infrastructure Program, such as the rehabilitation of two pedestrian bridges on the Trestle Bridge Trail. He outlined the County s community grant program in the 2017 budget. 7.2 Councillor's Committee Updates Councillor Mary Lloyd reminded everyone February is Heart and Stroke month and noted fundraising activities in support of Groves Memorial Hospital. Councillor Steve VanLeeuwen noted the ongoing work of the newly formed working groups of the Economic Development Task Force. Councillor Stephen Kitras highlighted the roles of the new Economic Development Task Force working groups and noted a pancake breakfast in Alma by Farm Safety. Councillor Fred Morris noted the continued increase in membership and the ongoing work of the volunteers at the Victoria Park Seniors Centre. Councillor Don Fisher highlighted ongoing work by Heritage Centre Page 4 of 13 Page 9 of 51

10 Council Minutes February 21, 2017 Wellington and indicated the Community Services Committee has elected a new Chair and Vice Chair. 8. Confirmation of Agenda 8.1 Moved by Councillor S. VanLeeuwen, Seconded by Councillor D. Fisher THAT Council of the Township of Centre Wellington confirm the agenda for the meeting held February 21, Confirmation of Minutes 9.1 Moved by Councillor M. Lloyd, Seconded by Councillor S. VanLeeuwen THAT the minutes of the Committee of the Whole meetings held January 16 and January 24 & 27, 2017 and the Council meeting held January 23, 2017 be adopted as circulated. 10. Report from the Committee of the Whole January 24 and 27, Moved by Councillor D. Fisher, Seconded by Councillor S. VanLeeuwen THAT the Council of the Township of Centre Wellington approve the report from the Committee of the Whole dated January 24 and 27, 2017 as follows: 1. THAT the Council of the Township of Centre Wellington include $5,000 in the budget for an Integrity Commissioner. 2. THAT the Council of the Township of Centre Wellington directs staff to allocate approximately $23,000 into the Economic Development budget for marketing. 3. THAT the Council of the Township of Centre Wellington approves the Community Impact Grants in the amount $52, THAT the Council of the Township of Centre Wellington adopt Report COR , dated January 24, 2017, regarding additional financial disclosure requirements for the 2017 budget year pursuant to Ontario Regulation 284/ THAT the Council of the Township of Centre Wellington adopt the 2017 budget as amended. Page 5 of 13 Page 10 of 51

11 Council Minutes February 21, Delegations 6. THAT Council of the Township of Centre Wellington directs Township staff to prepare a detailed report outlining the number and location of the bridges repaired or replaced, the associated costs and source of funding with those repairs or replacements since Consideration of Reports 12.1 Application OP01/16 & RZ04/16, 7445 Wellington Rd. 21 Report from B. Salmon, Managing Director of Planning & Development B. Salmon. Managing Director of Planning and Development provided an overview of the report, including Council s options; Option 1 Council supports potential gaming expansion at Grand River Raceway by adopting the proposed amendments to the Official Plan and Zoning By-law that would permit expanded gaming. A secondary option on the proposed zoning amendment is to incorporate holding zone provisions or Option 2 Council does not support gaming expansion at Grand River Raceway by not adopting the proposed official plan and zoning bylaw amendments. B. Salmon responded to questions regarding the holding provision and provided examples of the technical requirements in order to lift the holding. Pierre Chauvin, Planner, MHBC, agent and Dr. Ted Clarke, Grand River Agricultural Society, applicant appeared in support of Option #1, adopting the proposed amendments to the Official Plan and Zoning Bylaw without the incorporation of a holding zone provision. Mr. Chauvin and Dr. Clarke responded to questions regarding the current provincial gaming model, and the relationship between gaming and the horse racing industry. Moved by Councillor Kirk McElwain, Seconded by Councillor Fred Morris. THAT the Council of the Township of Centre Wellington approve application OP01/16; AND THAT a by-law to adopt Amendment No. 9 to the Official Plan for the Township of Centre Wellington be given three readings; Page 6 of 13 Page 11 of 51

12 Council Minutes February 21, 2017 AND THAT application RZ04/16 be approved and a by-law to amend By-law , as amended, pursuant to Sections 34 and 36 of the Planning Act be given three readings. Mayor Kelly Linton Councillor Don Fisher Councillor Mary Lloyd Councillor Stephen Kitras Councillor Steven VanLeewen Against For For Against Against 12.2 Mayor Linton called for a 7 minute recess at 9:31 p.m., returning at 9:40 p.m. After a brief discussion regarding Council s confusion over the approval of the official plan and zoning by-law amendments that included the holding provision for the Grand River Raceway, Council passed the following: Moved by Councillor Kirk McElwain, Seconded by Councillor Mary Lloyd. THAT the Council of the Township of Centre Wellington RESCIND the previous motion as follows: THAT the Council of the Township of Centre Wellington approve application OP01/16; AND THAT a by-law to adopt Amendment No. 9 to the Official Plan for the Township of Centre Wellington be given three readings; AND THAT application RZ04/16 be approved and a by-law to amend By-law , as amended, pursuant to Sections 34 and 36 of the Planning Act be given three readings Council then considered the main motion: Moved by Councillor Mary Lloyd, Seconded by Councillor Kirk McElwain. Page 7 of 13 Page 12 of 51

13 Council Minutes February 21, 2017 THAT the Council of the Township of Centre Wellington approve application OP01/16 AND THAT a by-law to adopt Amendment No. 9 to the Official Plan for the Township of Centre Wellington be given three readings, AND THAT application RZ04/16 be approved and a by-law to amend By-law , as amended pursuant to Section 34 of the Planning Act be given three readings. Mayor Kelly Linton Councillor Don Fisher Councillor Fred Morris Councillor Stephen Kitras Councillor Steven VanLeewen Against For For Against Against 12.4 After a brief discussion, Council put forth the following resolution intended not to include the holding provision: Moved by Councillor D. Fisher THAT the Council of the Township of Centre Wellington incorporate holding zone provisions in the zoning by-law amendment associated with application RZ04/16, in accordance with Section 36 of the Planning Act. A seconder to the motion was not received Demolition Control Wellington Road 18 (Former Township of West Garafraxa) R. Bossence, Chief Building Official provided an overview of the report. Moved by Councillor K. McElwain, Seconded by Councillor S.VanLeeuwen THAT the Council of the Township of Centre Wellington approves the issuance of a demolition permit to demolish two single detached dwellings located at 8329 Wellington Road 18, former Township of West Garafraxa, Concession 4, Concession 5; Part Lots 4 7, Part Lots 4-9. Page 8 of 13 Page 13 of 51

14 Council Minutes February 21, 2017 Moved by Councillor D. Fisher, Seconded by Councillor F. Morris THAT the Council of the Township of Centre Wellington extend the curfew to 11:00 p.m Heritage Permit Application St. David St. S. Report from M. Iglesias, Planner M. Iglesias, Planner provided an overview of the report, indicating the applicant proposes to fill in the existing door facing St. David Street, South, with a compatible building material while keeping some relief in the wall to show where the door was located. The primary entrance will be located on the north façade where an existing glass enclosure and door is located. She noted the existing opening on the north side will be used and a new door and sidelights installed, as well as a new covered porch. Moved by Councillor D. Fisher, Seconded by Councillor S. VanLeeuwen THAT the Council of the Township of Centre Wellington approve heritage permit application HP for the property located at 290 St. David St. S., Fergus, to relocate the primary entrance from the west façade to the north façade and other associated work Zoning Amendment RZ09/16 - Proposed Garden Suite Report from M. Iglesias, Planner M. Iglesias, Planner indicated the property at 7192 Sideroad 10, Pilkington is approximately 0.8 hectares or 2.1 acres in size with sufficient space on the property to permit a garden suite. She explained, the applicant plans to locate the garden suite to the rear of the dwelling where it will not be visible from the street and will not take up any active farmland. M. Iglesias indicated the size of the proposed garden suite meets the requirements set out in the Zoning By-law but requires recognition of the setback distance to the house being greater than what the by-law permits. M. Iglesias noted a public meeting was held on January 23, 2017 with no oral or written submissions received. The Grand River Conservation Authority, the County of Wellington and the Upper Grand District School Board all have no objections to the application. Moved by Councillor M. Lloyd, Seconded by Councillor S. Kitras THAT the Council of the Township of Centre Wellington approve application RZ09/16 and a by-law to amend By-law , as amended be given three readings; Page 9 of 13 Page 14 of 51

15 Council Minutes February 21, 2017 AND THAT the Managing Director of Planning and Development be authorized to execute an agreement pursuant to Section 39.1(1) of the Planning Act, R.S.O Victoria Street Pedestrian Bridge - Expression of Interest Results and Project Implementation C. Baker, Managing Director of Infrastructure Services provided an overview of the report and responded to questions. Moved by Councillor M. Lloyd, Seconded by Councillor K. McElwain THAT the Council of the Township of Centre Wellington direct staff to implement the Victoria Street Pedestrian Bridge project using the design-bid-build method of project delivery as outlined in Report No. IS dated February 21, 2017; AND THAT Council authorize the Township's Tender Award Committee to approve the recommendation of the Selection Committee for the award of the proposal call for the consulting engineering services contract for detailed design, construction contract administration and inspection upon completion of the 30-day review period for the Victoria Street Pedestrian Bridge Class Environmental Assessment Water, Wastewater and Source Protection Annual Reports Report from K. McMillan, Environmental Support Coordinator C. Baker, Managing Director of Infrastructure provided an overview of the report, including the annual performance reports and an update on source protection activities. Moved by Councillor F. Morris, Seconded by Councillor D. Fisher THAT the Council of the Township of Centre Wellington receive as information the following 2016 Water and Wastewater Annual Reports: Township of Centre Wellington - Drinking Water System Annual Report; Township of Centre Wellington - Drinking Water System Summary Report; Elora Wastewater Treatment Plant - Annual Performance Report; Fergus Wastewater Treatment Plant - Annual Performance Report; and Township of Centre Wellington - Risk Management Official and Municipal Annual Report. Page 10 of 13 Page 15 of 51

16 Council Minutes February 21, BMX/Skatepark Preferred Site location 13. Information Items B. Detzler, Managing Director of Community Services provided an overview of the report and responded to questions regarding any impacts the skatepark will have on the existing ball diamonds, and provided clarification that the report identifies the best site not the actual location. Moved by Councillor K. McElwain, Seconded by Councillor D. Fisher THAT the Council of the Township of Centre Wellington receive the update regarding the development of a BMX/Skatepark facility from the Managing Director of Community Services dated February 21, 2017 as information; AND THAT the Council of the Township of Centre Wellington support pursuing BMX/Skateboard facility based upon the preferred site of Elora Community Centre grounds Colborne Street from Geddes Street to North Queen Street - Road Design Report from C. Baker, Managing Director of Infrastructure Services C. Baker, Managing Director of Infrastructure Services responded to questions regarding the options presented and feedback received from the residents, consultation with Heritage Centre Wellington, signage noting alternative routes for cyclists, and possible reinstatement of a public water fountain. Received for information. 14. By-laws A By-law to adopt the estimates for The Corporation of The Township of Centre Wellington for the Year A By-law to amend By-law , as amended to allow a garden suite pursuant to Section 39 of the Planning Act, R.S.O (7192 Sideroad 10, Pilkington) A By-law to adopt Amendment No. 8 to the Municipal Official Plan for the Township of Centre Wellington. (Two-zone floodplain) Page 11 of 13 Page 16 of 51

17 Council Minutes February 21, A By-law to amend By-law , as amended the Zoning By-law of the Township of Centre Wellington, in order to implement a two-zone floodplain regulations. Moved by Councillor S. VanLeeuwen, Seconded by Councillor D. Fisher THAT By-laws through be read a first, second and third time and passed, signed by the Mayor and Clerk and the Corporate Seal affixed A By-law to adopt Amendment No. 9 to the Municipal Official Plan Township of Centre Wellington. (7445 Wellington Rd Grand River Raceway) A By-law to amend the Township of Centre Wellington Zoning By-law , as amended, to amend the provisions of subsection (7445 Wellington Rd Grand River Raceway) Moved by Councillor K. McElwain, Seconded by Councillor M. Lloyd THAT By-laws and be read a first, second and third time and passed, signed by the Mayor and Clerk and the Corporate Seal affixed. 15. Questions from the Media 15.1 Mayor Linton responded to a question related to the property sale brought forward from Closed session. 16. Confirmatory By-law 16.1 A By-law to confirm the actions of Council Moved by Councillor S. Kitras, Seconded by Councillor D. Fisher 17. Adjourn THAT By-law to Confirm the Proceeding of Council at its meeting held February 21, 2017 be introduced a first, second and third time and passed in open Council Moved by Councillor S. Kitras, Seconded by Councillor M. Lloyd THAT the meeting be adjourned. Page 12 of 13 Page 17 of 51

18 Council Minutes February 21, 2017 Mayor Municipal Clerk Page 13 of 13 Page 18 of 51

19 Township of Centre Wellington Council Minutes Monday, April 24, 2017 Council Chamber 6:30 and 6:45 PM - Public Meetings 7:00 PM - Regular Meeting PRESENT: Mayor Kelly Linton Councillor Don Fisher Councillor Kirk McElwain Councillor Mary Lloyd Councillor Fred Morris Councillor Stephen Kitras Councillor Steve VanLeeuwen REGRETS: STAFF: Manager of Legislative Services/Municipal Clerk, Kerri O'Kane Supervisor of Customer Service/Deputy Clerk, Lisa Miller Managing Director of Planning& Development, Brett Salmon Managing Director of Community Services, Brian Detzler 1. Call to Order 2. Disclosure of Pecuniary Interest Under the Municipal Conflict of Interest Act 3. Closed Session 3.1 Moved by Councillor D. Fisher, Seconded by Councillor S. Kitras THAT the Council of the Township of Centre Wellington convene in closed session in accordance with section 239(2)(c) of the Municipal Act 2001, as amended, to consider proposed acquisitions of land by the municipality. 4. Reconvene in Open Session 4.1 Moved by Councillor S. Kitras, Seconded by Councillor S. VanLeeuwen THAT Council reconvene in open session. Page 1 of 12 Page 19 of 51

20 Council Minutes April 24, Public Meeting to Consider a Zoning Amendment 5.1 Mayor Linton indicated the purpose and effect of the proposed zoning by-law amendment is to change the zoning of the land from R3 to R1C Residential Exception. The effect of the amendment is to permit a single detached dwelling with a reduced rear yard setback. The subject land is part of Block 60 of Registered Plan 868 on Scott Street, Fergus. Mayor Linton stated if a person or public body does not make oral submissions at the public meeting, or make written submissions to the Township of Centre Wellington before the by-law is passed, the person or public body is not entitled to appeal the decision of the Township of Centre Wellington to the Ontario Municipal Board. Mayor Linton stated if a person or public body does not make oral submission at the public meeting, or make written submissions to the Township of Centre Wellington before the by-law is passed, the person or public body may not be added as the party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Mayor Linton stated if anyone wishes to be notified of the adoption of the proposed zoning by-law amendment, a written request must be submitted to the Municipal Clerk, Township of Centre Wellington, 1 MacDonald Square, Elora, ON N0B 1S0. The Municipal Clerk advised the notice was mailed to prescribed persons, agencies and public bodies on March 31st, She indicated a copy of the notice was also advertised in the Wellington Advertiser on March 31st, The Municipal Clerk confirmed the requirement for giving notice was completed on March 31st, Mayor Linton called upon Brett Salmon, Managing Director of Planning and Development to introduce the application. B. Salmon, Managing Director of Planning and Development provided a history of the lands and an overview of the proposal to rezone a portion of Block 60 to permit a single detached dwelling with a reduced rear yard setback and maintain the existing turning circle. B. Salmon responded to questions regarding continued access to the school, the conveyance of the lot back to the developer, the adequacy of the existing turning circle for emergency vehicles and plows, and the Page 2 of 12 Page 20 of 51

21 Council Minutes April 24, 2017 location of the sidewalks. Delegations Mayor Linton asked if anyone present wished to speak either in favour or opposition to the proposal. Gerry Finnley, 14 Scott Street, Fergus indicated the importance of retaining the traffic circle to facilitate school traffic and expressed concerns with developing a single detached homes amongst townhouses. Ron Guite, 32 Scott Street, Fergus questioned who is responsible for the cleanup of the roadway and the maintenance of the lot until it is developed. In response to comments from the delegations, B. Salmon indicated the municipality will be conveying the lot back to the original developer of the subdivision as soon as possible. He explained a small single detached house fits in the context of existing homes on McTavish Street. B. Salmon noted what was deemed to be a temporary turning circle was built to municipal standards and only required Parts 1 and 2 of Block 60. The remnant parcel, being Part 3 of Block 60, is a suitable size for a small single detached home. Mayor Linton indicated written comments are encouraged to be submitted to the Municipal Clerk. Mayor Linton thanked everyone for attending and advised Council will consider all input prior to making a decision. Mayor Linton declared the public meeting adjourned. 6. Public Meeting to Consider a Kennel Licence 6.1 Mayor Linton indicated the Township of Centre Wellington has received an application to permit a new kennel license in accordance with Section 7 of By-law , a by-law for the registration, licensing and control of dogs. The application is for the installation of kennels with the ability to accommodate up to 25 dogs at the location known as 6073 Fifth Line, Rockwood. Mayor Linton indicated this public meeting is held in accordance with Section 7.16 of By-law in order to obtain public input. He explained notice of the meeting was circulated to property owners within Page 3 of 12 Page 21 of 51

22 Council Minutes April 24, metres of the subject property on April 4, Mayor Linton called upon Frederick Solomon and Corinna Solomon, the applicant, to make a presentation. Frederick and Corinna Solomon provided an overview of their proposal to open a kennel that would provide services such as daycare, boarding, training, grooming and casual breeding of family pets. They outlined the total kennel space which proposes to include open exercise space, a training and agility park, indoor facility with pool for exercise and physio, indoor grooming, and a whelping area. C. Solomon noted the new kennel building will consist of 11 individual kennels with attached runs and include weather protection, secure fencing and clean gravel elimination area. She outlined the security, noise and health measures to be undertaken. Frederick Solomon provided details regarding the design and construction of the new building, including heated flooring, water, electricity, heating and air ventilation, natural light, steel roof and board and batten finish. Frederick and Corinna Solomon responded to questions regarding consultation with neighbours, provision for a fire alarm and sprinkler system, securing the animals indoors before 9:00 p.m., the video security and yard lighting. Frederick and Corinna Solomon provided clarification regarding the placement of the 6 high fence, the alarm system and the composting of animal waste. Mayor Linton asked for any delegations to come forward at this time, There being none, Mayor Linton advised written comments are encouraged to be submitted to the Municipal Clerk. Mayor Linton thanked everyone for attending and advised Council will consider all input prior to making a decision. Mayor Linton declared the public meeting adjourned. 7. Business Arising from Closed Session 7.1 Mayor Linton indicated a matter concerning the acquisition of lands related to Bridge 27-WG in the former Township of West Garafraxa was discussed in Closed Session with the following results: Page 4 of 12 Page 22 of 51

23 Council Minutes April 24, 2017 Moved by Councillor S. Kitras, Seconded by Councillor D. Fisher WHEREAS the acquisition of three separate parcels of land adjacent to the existing Bridge No. 27-WG in the former Township of West Garafraxa is required for road widening and realignment purposes; THAT the Council of the Township of Centre Wellington authorizes the Mayor and Clerk to execute an Agreement of Purchase and Sale between the Corporation of the Township of Centre Wellington and Donna and Frederick Corbett for lands described as Part 1 of Plan of Survey to be deposited on Part Lot 21, Concession 6, Part of PIN , on the north side of the road allowance between Lots 20 and 21, Sideroad 20, former Township of West Garafraxa, at 8542 Sideroad 20, in the amount of $4,800.00, adjacent to the existing Bridge No. 27-WG for road widening and realignment purposes; AND THAT the Council of the Township of Centre Wellington authorizes the Mayor and Clerk to execute an Agreement of Purchase and Sale between the Corporation of the Township of Centre Wellington and Andrew and Rita Maciukiewicz for lands described as Part 1 of Plan of Survey to be deposited on Part Lot 20, Concession 6, Part of PIN , on the south side of the road allowance between Lots 20 and 21, Sideroad 20, former Township of West Garafraxa, at 6950 Sixth Line, in the amount of $3,000.00, adjacent to the existing Bridge No. 27- WG for road widening and realignment purposes; AND THAT the Council of the Township of Centre Wellington authorizes the Mayor and Clerk to execute an Agreement of Purchase and Sale between the Corporation of the Township of Centre Wellington and Michael Faulkner for lands described as Part 1 of Plan of Survey to be deposited on Part Lot 21, Concession 6, Part of PIN , on the north side of the road allowance between Lots 20 and 21, Sideroad 20, former Township of West Garafraxa, at 6992 Sixth Line, in the amount of $4, adjacent to the existing Bridge No. 27-WG for road widening and realignment purposes. 8. Presentations/Announcements 8.1 Mayor's County Council Report Mayor Linton noted the spring town hall meeting in Fergus drew a large crowd with a lively discussion. He provided an update on the County s economic development initiatives, including the trademarking of Live and Work Wellington. Page 5 of 12 Page 23 of 51

24 Council Minutes April 24, 2017 Mayor Linton highlighted the County signage program and a recent report from the Treasurer regarding the Federal gas tax fund. He provided details on the strategic direction of the Groves Hospital Board Governance Committee and noted the ongoing plans of the Fergus and Elora BIA s for the Canada 150 celebrations. 8.2 Councillor's Committee Updates Mayor Linton noted the various Boards and Committees each Member of Council resides on as follows: Councillor McElwain (Centre Wellington Hydro, Grand River Conservation Authority and Growth Management Committee until May) Councillor Lloyd (Groves Hospital Board, Safe Communities, Queen Street Medical/Doctor Recruitment, Growth Management Committee until May) Councillor VanLeeuwen (Centre Wellington Communications, Economic Development Task Force, Growth Management Committee starting June) Councillor Kitras (Economic Development Task Force, Farm Safety, Grand River Non-Profit Housing Corporation) Councillor Morris (Groves Hospital Board, Victoria Park Seniors Centre) Councillor Fisher (Heritage Centre Wellington, Community Services Advisory Committee, QMS, Growth Management Committee starting June) Members of Council then provided updates on the activities of the various committees. 9. Confirmation of Agenda 9.1 Moved by Councillor M. Lloyd, Seconded by Councillor S. VanLeeuwen THAT the Council of the Township of Centre Wellington confirms the agenda for the meeting held April 24, Confirmation of Minutes 10.1 Moved by Councillor F. Morris, Seconded by Councillor S. Kitras Page 6 of 12 Page 24 of 51

25 Council Minutes April 24, 2017 THAT the minutes of the Council meeting held March 27, 2017 be adopted as circulated. 11. Report from the Committee of the Whole April 18, Councillor Fred Morris asked that Item 1 on the Committee of the Whole Report pertaining to the 2018 municipal election voting method be considered separately. Moved by Councillor M. Lloyd, Seconded by Councillor S. VanLeeuwen THAT the Council of the Township of Centre Wellington approve Items 2 through 9 on the Report from the Committee of the Whole dated April 18, 2017 as follows: 2. THAT the Council of the Township of Centre Wellington state its intention to designate the property municipally known as 24 North Broadway Street, Belwood, in the Township of Centre Wellington, to be of cultural heritage value and/or interest pursuant to Section 29 (Part IV) of the Ontario Heritage Act; AND THAT staff be authorized to proceed with the notice requirements outlined in Section 29 of the Ontario Heritage Act; AND THAT, if no objections are received within the prescribed time period, staff prepare and provide the designation by-law to Council for enactment. 3. THAT the Council of the Township of Centre Wellington approve application RZ01/17 and that the corresponding zoning by-law amendment be given three readings. (16 & Stumpf Street) 4. THAT the Council of the Township of Centre Wellington approve application RZ02/17 and that the corresponding zoning by-law amendment be given three readings. (8378 Wellington Road 22) 5. THAT the Council of the Township of Centre Wellington authorize the request for Deferral of Development Charges from Wellington Perforated Sheet & Plate Ltd. with the Township of Centre Wellington for the development of the property located at 151 Gregson Court, Fergus; AND THAT the Mayor and Clerk be authorized to execute an agreement. Page 7 of 12 Page 25 of 51

26 Council Minutes April 24, THAT the Council of the Township of Centre Wellington approves the issuance of a demolition permit to demolish the single detached dwelling located at 875 St. David Street North, former Town of Fergus. 7. THAT the Council of the Township of Centre Wellington approves the issuance of a demolition permit to demolish the single detached dwelling located at 390 Gordon Street, former Town of Fergus. 8. THAT the Council of the Township of Centre Wellington authorize the Mayor and Clerk to enter into an agreement with the Grand River Conservation Authority to formally recognize the role of the Township of Centre Wellington in the upgrade of the Wilson Flats Access point as a project with Regional Tourism Organization 4 (RT04). 9. THAT the Council of the Township of Centre Wellington award Request for Proposal #01-17 to undertake a Parks, Recreation and Culture Master Plan to the respondent having achieved the highest score and lowest cost; Monteith Brown Planning Consultants Ltd. of London with an upset limit of $72, plus the HST Moved by Councillor M. Lloyd, Seconded by Councillor D. Fisher 12. Delegations THAT the Council of the Township of Centre Wellington authorizes the use of internet/telephone voting for the 2018 municipal election; AND THAT the Municipal Clerk be authorized to select vendors and execute any agreements necessary to implement internet/telephone voting. 13. Consideration of Reports 13.1 Appointment of Fence-Viewers Report from L. Miller, Supervisor of Customer Service/Deputy Clerk Moved by Councillor K. McElwain, Seconded by Councillor S. VanLeeuwen THAT the Council of the Township of Centre Wellington appoint Gord Flewwelling, Ross Kirkpatrick, Gerald Koeslag and Alan Simpson as fence-viewers; Page 8 of 12 Page 26 of 51

27 Council Minutes April 24, 2017 AND THAT the appropriate by-law be passed to recognize the appointments and to establish the remuneration for the fence-viewers at the rate of $80 per attendance Dedication of Reserve Blocks in New Subdivisions Report from B. Salmon, Managing Director of Planning and Development B. Salmon, Managing Director of Planning and Development noted when a subdivision is registered, the Township places a one foot reserve on all dead ends to prevent unauthorized access to the land abutting the reserve. He explained a number of the new phases in the subdivision plans were registered in 2016 and it is now appropriate to dedicate the reserve blocks as roadways. Moved by Councillor D. Fisher, Seconded by Councillor S. Kitras THAT the Council of the Township of Centre Wellington give three readings to a by-law to dedicate various reserve blocks as a public highway Dedication of Reserve Block, Part of Gzowski Street Report from B. Salmon, Managing Director of Planning and Development Moved by Councillor S. Kitras, Seconded by Councillor M. Lloyd THAT the Council of the Township of Centre Wellington give three readings to a By-law to dedicate Part 3 of Plan 61R-5924 as part of a public highway Dedication of Scott Street, Fergus Report from B. Salmon, Managing Director of Planning and Development B. Salmon, Managing Director of Planning and Development noted this item was the subject of the public meeting held earlier this evening. Moved by Councillor F. Morris, Seconded by Councillor S. VanLeeuwen THAT the Council of the Township of Centre Wellington give three readings to a by-law to dedicate land as part of a public highway, being Scott Street. Page 9 of 12 Page 27 of 51

28 Council Minutes April 24, Information Items 15. By-laws 15.1 Councillor Fred Morris requested By-law be considered separately and requested a recorded vote A By-law to authorize the Mayor and Clerk to execute a Sponsorship Assessment, Market Strategy, and Sales Engagement Agreement between The Corporation of the Township of Centre Wellington and Cornerstone Sponsorship Management A By-law to amend the Township of Centre Wellington Zoning By-law , as amended to change the zoning of certain land from "R1A" to "R1B" and certain land from "R1A" to "R1A.53.4". (16 & Stumpf Street, Elora) A By-law to amend the Township of Centre Wellington Zoning By-law , as amended to change the zoning of certain land from "a" to "A.32.1". (8378 Wellington Road 22) A By-law to authorize the Mayor and Clerk to Execute an Agreement for the Deferral of Development Charges between Wellington Perforated Sheet & Plate Ltd. and the Corporation of the Township of Centre Wellington A By-law to Appoint Fence-Viewers and set the Remuneration and Time Frame for Proceedings and repeal By-law A By-law to dedicate certain lands within the Township as part of a public highway A By-law to dedicate Part 3 of Plan 61R-5924 as part a public a public highway. (Gzowski Street) A By-law to dedicate certain lands known as Block 51, Plan 868, (formerly Town of Fergus), Township of Centre Wellington, and Part of Block 60, Plan 868, (formerly Town of Fergus), Township of Centre Wellington, being Parts 1 and 2 on Reference Plan 61R-20844, as part of Scott Street A By-law to authorize the use of internet/telephone voting for the 2018 election and authorize the Municipal Clerk to select vendors and execute the necessary agreements for the provision of internet/telephone voting services Page 10 of 12 Page 28 of 51

29 Council Minutes April 24, 2017 Moved by Councillor D. Fisher, Seconded by Councillor S. VanLeeuwen THAT By-laws through be read a first, second and third time and passed, signed by the Mayor and Clerk and the Corporate Seal affixed A By-law to authorize the use of internet/telephone voting for the 2018 election and authorize the Municipal Clerk to select vendors and execute the necessary agreements for the provision of internet/telephone voting services Moved by Councillor Mary Lloyd, Seconded by Councillor Steven VanLeewen. THAT By-law be read a first, second and third time and passed, signed by the Mayor and Clerk and the Corporate Seal affixed. Mayor Kelly Linton Councillor Don Fisher Councillor Kirk McElwain Councillor Fred Morris Councillor Stephen Kitras For For Against Against Against 16. Questions from the Media 17. Confirmatory By-law 17.1 A By-law to confirm the actions of Council Moved by Councillor D. Fisher, Seconded by Councillor S. Kitras THAT By-law to Confirm the Proceeding of Council at its meeting held April 24, 2017 be introduced a first, second and third time and passed in open Council. 18. Adjourn 7:54 p.m Moved by Councillor S. Kitras, Seconded by Councillor D. Fisher Page 11 of 12 Page 29 of 51

30 Council Minutes April 24, 2017 THAT the meeting be adjourned. Mayor Municipal Clerk Page 12 of 12 Page 30 of 51

31 Report from the Committee of the Whole May 23, 2017 Recommendation: 1. THAT the Council of the Township of Centre Wellington approve the request from Kelly Shank for an exemption to By-law , the Noise By-law for the Township of Centre Wellington, to permit the amplification of music at 128 Keating Drive, Elora, on Saturday, June 3, 2017 between 11:00 p.m. to 1:00 a.m., for a 50th birthday celebration; AND THAT the applicant ensure neighbouring property owners are notified in advance of the event. 2. THAT the Council of the Township of Centre Wellington receive for information the draft Code of Conduct for Members of Council as attached to Report COR , dated May 23, 2017 from the Manager of Legislative Services/Municipal Clerk; AND THAT staff bring forward an amended Code of Conduct that is compliant with the new regulations and reflective of any feedback received. 3. THAT the Council of the Township of Centre Wellington defer consideration of a decision on the application for a Kennel Licence at the property municipally known as 6073 Fifth Line, Rockwood submitted by Frederick and Corrina Soloman to the June 19, 2017 Committee of the Whole meeting at 3:00pm to permit additional public input; AND FURTHER THAT staff be directed to circulate notice of the meeting to residents within 60 metres of the subject property and those who filed written submissions. 4. THAT the Council of the Township of Centre Wellington directs staff to suspend the acceptance of new kennel applications until such time as a review of the Dog Licensing by-law, Kennel by-law and zoning regulation in regards to kennels has been completed. 5. THAT the Council of the Township of Centre Wellington receive Report COR , December 31, Operating Results dated May 23, 2017 for information; AND FURTHER THAT the 2016 year end surplus in the amount of $272,000 be transferred to the general capital reserve. 6. THAT the Council of the Township of Centre Wellington approves application RZ03/17 and gives three readings to a by-law to amend By-law THAT the Council of the Township of Centre Wellington give three readings to remove the holding zone "H" symbol from 635 Wellington Road 18, former Township of West Garafraxa. Page 31 of 51

32 Report to Council To: Mayor Linton and Members of Council Prepared By: Brian Detzler, Managing Director of Community Services Report: CS Date: 29 May 2017 RE: Commercial Access Agreement, River Bug Operation at Confederation Park and Bissell Park Recommendation: THAT the Council of the Township of Centre Wellington authorize the Mayor and Clerk to enter into an agreement with Ken Thompson, owner/operator Elora Raft Rides permitting access in Confederation Park and Bissell Park for the purposes of operating a river raft adventure business. Summary: Ken Thompson is the owner/operator of a newly formed river adventure service business designed to provide river raft adventures on the Grand River. The River Bug Adventure ride is based upon new to North America tubing vessels which allow the single seated participants to maneuver and have some control in steering the vessel. This adventure takes place on the Grand River which requires access points to facilitate this adventure ride. Mr. Thompson approached the municipality recently to request access in Confederation Park and Bissel Park for the purposes of getting to and from the River and setting up departure/check in and landing areas to service his patrons. Report: Mr. Thompson has done his own research and planning for this project. The safe operation plan considers and plans for the experience by covering detail on: River Information Clients Pre-Trip Planning River Operations Post Trip Assessment and Planning Post Emergency Form Suggestions The operational season, times and payment schedule are presented as follows: Operating Day may be scheduled each week in May and June for 2 weekend days. Page 32 of 51

33 Each week in July and August for 2 weekend days and 2 weekday days. Each week in September for 2 weekend days. Daily hours of operation may be 8:00am.to 6:00pm during The Operator may access the property to set up and take down operations prior to and after the normal Operating Day hours. This Permission allows the Operator on the Operating Day to carry out only the activities necessary and related for a Pay per Ride operation. Upon executing this agreement the Operator shall pay to the Township a fee of $ as an administration fee for preparation of this agreement. The Operator shall pay to the Township a fee of $5.00 per ride. The Operator is required to track and report in writing the number of riders per month to the Township and pay the required fee per rider at the end of each month. The Operator is permitted to have one vehicle and one trailer necessary to carrying out its activities on the Permitted Lands on the Operating Day. The vehicle at no time shall enter onto the grassed areas in the Permitted Lands. Parking and operations set up will conform to the Schedule B of the agreement. Township Special Events The Township reserves the right to cancel an Operating Day or a portion thereof for events requiring the use of the Permitted Lands, and shall provide notice to the Operator of such cancellation as soon as the date and time of such events have been confirmed. Financial Implications: A financial reconciliation will be completed each month to determine the total fee owing based upon the $5.00 per ride fee. Consultation: Community Services Advisory Committee Attachments: Elora Raft Rides Agreement (Thompson) Approved By: Andy Goldie, Chief Administrative Officer Page 33 of 51

34 COMMERCIALOPERATOR ACCESS AGREEMENT THIS AGREEMENT made the day of May 2017 BETWEEN: Elora Raft Rides (hereinaftercalled the "Operator ) and- THE CORPORATION OF THE TOWNSHIP OF CENTRE WELLINGTON (hereinaftercalled the "Township ) WHEREAS: A. The Township is the registered owner of the lands municipally known as Confederation Park & Bissel Park and described in Schedule "A" attached hereto (the "Lands"); B. The Operator has requested permission to use a portion of the Lands as shown on Schedule "B" attached hereto (the "Permitted Lands") for the purpose of carrying on its activities; C. The Township intends to accommodate operators on the Lands in such a way that they do not interfere wth public use and enjoyment of the Lands or cause unacceptablenuisance;and D. The Township will allow the Operator to use the Permitted Lands for said purposes, subject to certain terms and conditions; NOW THEREFORE, inconsideration of the matters agreed to herein and in consideration of Ten Dollars ($10.00) paid by each party to the other, the receipt and sufficiency of which is hereby acknowledged, the Operator and the Township agree as follows: 1. Term This Agreement shall commence upon the date of execution and, subject to the rights of termination contained herein, shall continue until October 31, 2017 (the "Term"), atwhich time it may be renewed at the sole discretion of the Township. 2. Grant of Permission The Township hereby permits the Operatorto usethe Permitted Lands during the Term. Any and all of the Operator's equipment or vehicles necessary for the Operator's activities must be contained within the Permitted Lands. The Operator acknowledges that the Permitted Lands are public space and agrees not to interfere with any public uses thereof or with others that may be permitted to use the Permitted Lands or any part of the Lands. The specific terms of the Permission are specified in Schedule attached hereto. The Township will provide the Operator with a Permt indicating that the Operator has permission to use the Permitted Lands, and the Operator shall ensure that the Permit is kept on site and available during its operations on the Permitted Lands. Page Page 34 of 51

35 Hoursofoperation The Operator shall only carry on its activities on the Permitted Lands during the days and hours specified in Schedule "C" (individually an Operating Day, collectively, Operating Days"). Township Special Events a) The Township reserves the rightto cancel an Operating Day or a portion thereof for events requiring the use of the Permitted Lands, and shall provide notice to the Operator of such cancellation as soon as the date and time of such events have been confirmed. Fee Upon execution of this Agreement and any subsequent renewal, the Operator shall pay to the Township the fee specified in Schedule toward the administrative, enforcement, and legal costs associated with this Agreement, as well as the Township's operational and capital improvement costs inrelation to the Permitted Lands. Parking The Operator shall instruct its employees and participants to park in designated parking area(s), as shown in Schedule "B" attached hereto, however the Township does not guarantee the availability of parking spaces in the designated parking area(s). The Operator may park vehicles necessary for carrying out its activities only in part(s) of the Permitted Lands shown inschedule Noise The Operator shall at all times ensure that its employees and participants are in compliance with the Township's Noise Control By law, a copy of which has been provided to the Operator, and that noise from its activities willnot, at any time, interfere with the enjoyment ofother users inor adjacent to the Permitted Lands orthe Lands. Fences, Structures, Obstructions, and Signage Fencesorstructures a) The Operator shall not erectany fences or structures in the Permitted Lands. Signage b) The Operator shall not erectany signage onthe Permitted Lands. The Township may inits sole discretion approve temporary signage to be posted by the Operator in the Permitted Lands for the duration of its Operating Days, provided that such temporary signage complies inall respects with all applicable by laws. Obstructions c) The Operator shall not place any equipment or vehicles in such a way as to obstruct public access withinthe Permitted Lands. Damages to TownshipProperty The Operator shall be responsible for any damage to or excess maintenance required for the Permitted Lands caused by its use and equipment and/or vehicles or by the Operators invitees and customers and shall pay to the Township any excess maintenance or repair costs incurred by the Township. Condition ofthe Permitted Lands The Operator accepts the Permitted Lands intheir condition as of the date of execution of this Agreement, and will not call upon the Township to do or pay for any work or supply any equipment to make the Permitted Lands more suitable for the Operators activities. The Operator shall ensure that the Permitted Lands are clean and free from equipment, debris, and refuse at the end of each Operating Day. Page 2 of 7 Page 35 of 51

36 10. Approvals and Permits The Operator shall obtain, at its own expense, any approvals and permits that may be required for its operations by any federal or provincial ministries or agencies including but not limited to, the Grand River Conservation Authority. 11. Operator's Equipment The Operator shall ensure that at all times its equipment meets applicable safety standards, regulatory and legislative requirements. 12. Indemnity The Operator hereby agrees to indemnfy and save harmless infullthe Township and the Authority, its elects, appointees, officials and employees from any and all liabilities,fines, damages, suits, claims, demands, actions, including reasonable legal fees, in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever or howsoever arising from or out of any occurrence in, upon or at the Permitted Lands or Lands, the fences or structures erected by the Operator upon the Permitted Lands, or the occupancy or use by the Operator, or occasioned wholly or in part by any act or omission of the Operator or by anyone permitted to be on the Permitted Lands or Lands by the Operator. 13. Insurance General liabilityinsurance a) The Operator shall obtain and maintain at its own expense general liability insurance on an occurrence basis covering the Operator, its members, officers, directors, employees, agents,volunteers,and participants for legal liabilityarising out of bodily injury, including death, or property damage covering all of ts operations on or related to the use of the Permitted Lands or Lands inan amount not less than Two MillionDollars ($2,000,000). Township as an additional "rem b) Throughout the Term and any subsequent renewal, the Operator shall include the Township, its elects, appointees, officials and employees as an additional insured with respect to loss, claims, and demands arising out of the use and occupancy of the Permitted Lands and Lands and any other lands or property affected by the activities of the Operator, and to provide thirty (30) days advance written notice of cancellation or material change in risk. Proof of iinsurance c) The Operator shall provide a certificate evidencing the requirements in (a) and (b) above prior to execution of this Agreement, and prior to any subsequent renewal. The Operator shall ensure that the certificate of insurance is kept on site during its operations on the Permitted Lands. 14. Termination Termination bytownship a) lfthe Operator defaults in performing any of its obligations under the terms ofthis Agreement insuch a way that the Township, in its sole discretion, perceives to be a threat to public safety, the Township may demand that the Operator immediately cease its operations. Inallother instances ofthe Operators defaultin performingitsobligations pursuant to thisagreement the Townshipshallprovidewrittennoticeto the of such defaultand shall givethe Operatorunljlitsnextoperating Dayto remedy the default. lfthe Operatorfails to remedy the default by its next Operating Day, the Township may terminate this Agreementforthwith. In the event of termination by the Townshipfor any reason, the Operator shall not be entitled to reimbursement ofany portion ofthe fee paid to the Township pursuantto clause 4. Page 3of 7 Page 36 of 51

37 Termination byoperator b) The Operator may terminate this Agreement by providing thirty (30) days written notice of termination to the Township. Such termination by the Operator shall not entitle the Operator to reimbursement of any portion of the fee paid to the Township pursuant to clause 4. Obligations upon Termination c) Upon termination of this Agreement, howsoever occasioned, the Operator shall ensure that the Permitted Lands are clean and free from all equipment, debris, and refuse. 15. Notices a) Except as otherwise specified herein, any notice hereunder shall be given in writing, by delivery in person, or by registered mail (return receipt requested) or by facsimile transmission, properly addressed to the Party to whom such notice is given, with postage or charges, if any, prepaid. A notice shall be deemed to have been given only when received by the Party to whom such notice is directed. b) Notices shall be given at the following addresses, unless and until a Party gives written notice ofa new address to the other Party: Operator: Township: Elora Raft Rides, Ken Thompson MillStreet West Elora, ON NOB1S0 Manager of Parks & Facilities Operations PO. Box 58 Elora, Ontario NOB 1S0 Faosimile1 5 l Schedules Attached hereto and forming part of the Agreement are the following Schedules: "A" "B" "C" Description of the Lands Location of Permitted Lands and Designated Parking Area(s) Terms of Permission 17. Waiver it is expressly understood and agreed that the remedies of the Township under this Agreement are cumulative and the exercise by the Township of any right or remedy for the default or breach of any term, covenant, condition or agreement herein contained shall not be deemed to be a waiver or alter, affect or prejudice any other right or remedy or other rights or remedies, to which the Township may be lawfully entitled for the same default or breach; and any waiver by the Township of the strictobservance, performance or compliance by the Operator or with any term, covenant, condition or agreement herein contained, or any indulgence granted by the Township to the Operator shall not be deemed to be a waiver of any subsequent default or breach by the Operator, nor entitle the Operator to any similar indulgence heretofore granted. 18. Noassignmentwithout consent The Operator shall not assign this Agreement without the prior written consent of the Township,which consent may be unreasonably withheld. 19. Operator's acceptance ofagreement The Operator agrees not to make any claims, demands, and/or commence any actions, suits, proceedings or maintain the same for any and all costs, damages, losses, compensations, injuriousaffection arising either directly or indirectlyfrom this Agreement, or as a result of the termination of this Agreement. Page 4ofl Page 37 of 51

38 20. Severability If any term of this Agreement shall be found to be ultra vires of the Township, or otherwise unlawful, such term shall conclusively be deemed severable and the remainder ofthis Agreement mutandis shall be and remain infullforce and effect. 21. Headings All heading and sub headings within this Agreement are incorporated for ease of reference purposes only and do notform an integral partoftheagreement. 22. Entire agreement This Agreement constitutes the entire agreement and understanding of the parties and supersedes any and all prior understandings, discussions, negotiations, commitments, representations,warranties, and agreements, written or oral, express or impled between the Parties with respect to the subject matter ofthis Agreement. Enurement This Agreement shall enure to the benefit of and shall be binding upon the Parties and their respective successors and assigns, subject only to any limitations explicit in this Agreement. INWITNESS WHEREOF the parties hereto have affixed their corporate seal under the hand of their proper officers or settheir hand and seal. Commercial Operators Agreement Per: Name Title; " Per: Name: Title: Name: Title: Name: Title: THE CORPORATIONOFTHE TOWNSHIP OFCENTREWELLINGTON Per Name Mayor, Centre Wellington Date Per Name Clerk, Ce ntre Wellington Date Page 5 of 7 Page 38 of 51

39 SCHEDULE"A" Legal description of the Township's Lands Township of Centre Wellington Confederation Park, Fergus Fergus PLAN 106 PARK PT MILL LOT Bissel Park, Elora PLAN 181 LOTS 8-17 PT TANNERY MILL LOT SCHEDULE"B" Location of Permitted Lands and Designated Parking Area(s) B-1-Confederation Park Site Plan B-2-Bissel Park Site Plan Page Page 39 of 51

40 SCHEDULE C Operating Day Terms of Permission-Pay per Ride Operations 1. For the purpose of Article 3 of the Agreement, Operating Day may be scheduled each week in May and June for 2 weekend days,; Each week in July and August for 2 weekend days and 2 weekday days Each week September for 2 weekend days Daily hours of operation may be 8:00am. to 6:00pm during Subject to Article 6 of the Agreement the Operator may access the property to set up and take down operations prior to and after the normal Operating Day hours. This Permission allows the Operator on the Operating Day to carry out only the activities necessary and related for a Pay per Ride operation. Upon executing this agreement the Operator shall pay to the Township a fee of $ as an administration fee for preparation of this agreement. The Operator shall pay to the Township a fee of $5.00 per ride. The Operator is required to track and report in writing the number of riders per month to the Township and pay the required fee per rider at the end of each month. The Operator is permitted to have one vehicle and one trailer necessary to carrying out its activities on the Permitted Lands on the Operating Day. The vehicle at no time shall enter onto the grassed areas in the Permitted Lands. Parking and operations set up will conform to the Schedule B of this agreement. Page Page 40 of 51

41 Legend Trailway Proposed Parkland I 0 Active [D] Proposed proposed Parks and Recreation Inventory D Park El Openspace E} Facility School Trail D Walkway Siormwaler Management Vegetated Natural Area Area :93 Dale: Location Map m...=»a=a»...»... I Iml lllklivil71vilyl imzav mm, Ivi Imui:y.'ll.k l: n: -xumy mm. m.m..u.\=.1 mu. m in.-..a..s.x....n nu-..nu=ym»...=.mq v wnwl Ilnhmslnn unllnnl m.a..n. r.u.,..r...1 mu. \AIrwbu uunnn... IIQGMIFV hr um umwnm um imv lautnuuphg wudinn.al».mn.._a.u.y..u a. wuuun vllhuulptrvlkhn. am Bwnmnar an: \-».n..,..., r... -llvdlmrnn. Page 41 of 51

42 Vegemted (-2 Legend Trailway Proposed Parkland Open space E Walkway ' ' Active [D] Pmposed : proposed Parks and Recreation Inventory E Park D m *9 & Facility School K _ Trall Stormwater ManagementArea Naturamrea nu.;.mm.mm...w..4 hrnuvuxuwlmvznixg mu: sway nu an-rlm I. hk um Ix-1M1 mm. mr.w..mu owns....1 gm. \ 1lL-uunundhdnlmx.x V.-u...unvr.m..u.n«5 ullnlvrmxlsn unuhtdlnvkh. m lhwnlhbcl I-0Cati0nMap s:.~::::::::;.:::7.:.;:".:::r::,:;m:::::'" Date: 2017"] 4'2 3 E%:" :n'l?; 2':5ZL' ftr i».,.., cuunv.u-m,,,u... Page 42 of 51

43 Report to Council To: Mayor Linton and Members of Council Prepared By: Lisa Miller, Supervisor of Customer Service / Deputy Clerk Report: COR Date: 29 May 2017 RE: Application for an Exemption to Noise By-law Recommendation: THAT the Council of the Township of Centre Wellington approves the request from Melisa Boyle for an exemption to By-law , the Noise By-law for the Township of Centre Wellington, to permit the amplification of music at 131 Millford Crescent, Elora, on Saturday, June 10, 2017 between 11:00 p.m. to 1:00 a.m., for a wedding celebration; AND THAT the applicant ensure neighbouring property owners are notified in advance of the event. Report: A request has been received from Melisa Boyle for an exemption to the Township s Noise By-law , to permit the amplification of music at 131 Millford Crescent, Elora on Saturday, June 10, 2017 between 11:00 p.m. and 1:00 a.m., for a wedding reception. It is the desire of Melisa Boyle to hold a wedding reception for a family member at her home in Salem. They recognize the celebration will go beyond the 11:00 p.m. curfew to 1:00 a.m., and have indicated it is their intention to notify neighbours no later than May 28, 2017 of the wedding. Approved By: Wes Snarr, Managing Director of Corporate Services Andy Goldie, Chief Administrative Officer Page 43 of 51

44 Report to Council To: Mayor Linton and Members of Council Prepared By: Kerri O Kane, Manager of Legislative Services / Municipal Clerk Report: COR Date: 29 May 2017 RE: Anniversary Celebration - Gorge Country Kitchen Recommendation: THAT the Council of the Township of Centre Wellington has no objection to the temporary extension of the licensed area at the Gorge Country Kitchen restaurant as outlined in their application, with respect to the 20th year anniversary event scheduled for Saturday, June 24, Summary: On Saturday, June 24th, the Gorge Country Kitchen restaurant will be hosting an event to celebrate their 20th Anniversary. In order to obtain the temporary extension of a liquor sales license, the Gorge Country Kitchen requires a letter of non-objection from the municipality, stating they have "no objection to the extension of the proposed licensed area". Report: To help celebrate their 20th Year Anniversary, the Gorge County Kitchen will be hosting a party on Saturday, June 24th. In order to accommodate an increased number of guests with appropriate space, the owner of the Gorge Country Kitchen would like to have a tent adjacent to the existing patio open and operational during the hours of the event. In order to obtain the temporary extension of a liquor sales license for this one day event, the Gorge Country Kitchen requires a letter of non-objection from the municipality, stating they have "no objection to the extension of the proposed licensed area". Corporate Strategic Plan: Pride of Place - The Township will support community initiatives that foster pride in our community and enhance its amenities. Attachments: Request for Temporary Extension of License Page 44 of 51

45 Approved By: Wes Snarr, Managing Director of Corporate Services Andy Goldie, Chief Administrative Officer Page 45 of 51

46 LENGTH Page 46 of 51

47 Report to Council To: Mayor Linton and Members of Council Prepared By: Wes Snarr, Managing Director of Corporate Services Report: COR Date: 29 May 2017 RE: By-law to Set the 2017 Tax Rates Recommendation: THAT the Council of the Township of Centre Wellington adopt a by-law to set the township tax rates for Report: The following two items are prerequisite to setting the Township's 2017 Tax Rates: 1. Township Council passes a by-law to adopt the estimates for the Corporation of the Township of Centre Wellington for the year By-law was passed on February 21, Wellington County passes a by-law to establish tax policy for County Council passed the requisite by-law on April 27, Attachments: By-law Tax Rates Approved By: Andy Goldie, Chief Administrative Officer Page 47 of 51

48 THE CORPORATION OF THE TOWNSHIP OF CENTRE WELLINGTON BY-LAW NO Being a by-law to set tax rates for Whereas the Council of the Township of Centre Wellington adopted By-law no , being a bylaw to adopt the estimates for the Corporation of The Township of Centre Wellington for the Year 2017 and; Whereas the Council of the County of Wellington has passed a by-law to establish upper and lower tier property tax ratios and tax reductions for prescribed subclasses for the year 2017; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF CENTRE WELLINGTON ENACTS AS FOLLOWS: 1. In this by-law; Property Classes are as prescribed under the Assessment Act, R.S.O Township means the Corporation of the Township of Centre Wellington. 2. For the Year 2017 the Township shall levy upon the assessment of the Property Classes the following tax rates for General purposes: Property Class Commercial Occupied (CT, GT, ST, XT, ZT) Commercial Vacant Units (CU, SU, XU) Commercial Vacant Land (CX) Farmlands (FT) Industrial Occupied (IT, JT, LT) Industrial Vacant Units (IU, JU, LU) Industrial Vacant Land (IX) Multi-Res (MT) Pipeline (PT) Res/Farm (RT) Managed Forest (TT) For the year 2017 the Township shall levy upon the assessment of the Property Classes of properties serviced by Centre Wellington Hydro the following tax rates for Street Lights for Fergus, and Elora. For properties serviced by Hydro One the following Rural Street Light tax rates shall be levied on properties within 200 metres of a streetlight. For the year 2017, the Township shall levy upon the assessment of Property Classes of properties not connected to Township water or sewer services the following GRCA Area Rate tax rates. For the year 2017, the Township shall levy upon the assessment of the Property Classes the following tax rates for the Dedicated Capital Levy. Fergus Elora Rural Dedicated Street Street Street GRCA Capital Property Class Lights Lights Lights Area Rate Levy Commercial Occupied (CT, GT, ST, XT, ZT) Commercial Vacant Units (CU, SU, XU) Commercial Vacant Land (CX) Farmlands (FT) Industrial Occupied (IT, JT, LT) Industrial Vacant Units (IU, JU, LU) Industrial Vacant Land (IX) Multi-Res (MT) Pipeline (PT) Res/Farm (RT) Managed Forest (TT) For the Year 2017 the Township shall levy the following BIA rates upon the Commercial and Industrial assessment in the respective BIA areas; Page 48 of 51

49 Elora BIA: Fergus BIA: Except as provided in article 6 of this by-law, the rates herein imposed for assessment other than that in the Commercial, Industrial and Multi-Residential Tax Classes shall be payable in two equal installments, more or less, and the dates for payment shall be as follows: Due Date of 1 st Installment: June 30, 2017 Due Date of 2 nd Installment: September 29, The rates herein imposed for assessment in the Commercial, Industrial and Multi-Residential Tax Classes, or for properties with assessment in one or more of these classes and any other class shall be payable in two equal installments, more or less, and the dates for payment shall be as follows: Due Date of 1 st Installment: September 29, 2017 Due Date of 2 nd Installment: November 30, The Treasurer is hereby authorized to mail, deliver or cause to be mailed or delivered, the notice of taxes due to the address of the residence or place of business of the person to whom such notice is required to be given. 6. Taxes shall be payable at the Township Office, or by mail to the Township mailing address, or through the telephone/web banking systems of most chartered banks and financial institutions, or over the counter at most chartered banks and financial institutions. 7. That the Treasurer be authorized to accept part payment from time to time on accounts of any taxes due and to give a receipt for such payment, provided that acceptance of any such payment shall not affect the collection of any percentage charge imposed and collectable under By-law No and By-law No in respect of non-payment of any taxes or any class of taxes or of any installment thereof. 8. This By-law shall come into force on and take effect upon its final passing. READ A FIRST AND SECOND TIME this 29 th day of May, Mayor Kelly Linton Clerk Kerri O Kane READ A THIRD TIME AND FINALLY PASSED this 29 th day of May, Mayor Kelly Linton Clerk Kerri O Kane Page 49 of 51

50 Report to Council To: Mayor Linton and Members of Council Prepared By: Kerri O Kane, Manager of Legislative Services / Municipal Clerk Report: COR Date: 29 May 2017 RE: Appointments to the Groves Memorial Community Hospital Board of Directors Recommendation: THAT the Council of the Township of Centre Wellington confirms the following appointments to the Groves Memorial Community Hospital Board of Directors: Howard Dobson 3 years, expiring at AGM in 2020 Anthony Caldwell 3 years, expiring at AGM in 2020 Gord Feniak 3 years, expiring at AGM in 2020 Paul Smith 3 years, expiring at AGM in 2020 Jackie Ranahan 3 years, expiring at AGM in 2020 Helen Bogl 2 years, expiring at AGM in 2020 Gilles Madore 2 years, expiring at AGM in 2019 Dale Clarke 1 year, expiring at AGM in 2018 Dan MacLachlan 1 year, expiring at AGM in 2018 Report: On May 23, 2017, the Groves Memorial Community Hospital Board of Directors approved the recommendation of the Joint Nominating Committee to bring forward the following nominees for membership on the Groves Memorial Community Hospital Board of Directors to the Council of the Township of Centre Wellington for approval: Howard Dobson 3 years, expiring at AGM in 2020 Anthony Caldwell 3 years, expiring at AGM in 2020 Gord Feniak 3 years, expiring at AGM in 2020 Paul Smith 3 years, expiring at AGM in 2020 Jackie Ranahan 3 years, expiring at AGM in 2020 Helen Bogl 2 years, expiring at AGM in 2020 Gilles Madore 2 years, expiring at AGM in 2019 Dale Clarke 1 year, expiring at AGM in 2018 Dan MacLachlan 1 year, expiring at AGM in 2018 Page 50 of 51