Page 1 of 3 MIDDLESEX CENTRE COUNCIL AGENDA WEDNESDAY, NOVEMBER 30, 2016 4:00 PM Ilderton Community Centre AGENDA The Municipal Council of the Municipality of Middlesex Centre will meet in Regular Session in the Ilderton Community Centre (13168 Ilderton Road) on November 30 th, 2016 at 4:00 pm. COUNCIL PRESENT: Mayor Edmondson - Chair presiding, Deputy Mayor DeViet, Councillors Harvey, Brennan, McMillan, and Berze. REGRETS: STAFF PRESENT: Michelle Smibert CAO, Stephanie Troyer-Boyd Clerk, Arnie Marsman Director of Planning and Development Services, Brian Lima Director of Public Works and Engineering, Scott Mairs Director of Community Services, Tiffany Farrell Director of Corporate Services, Ben Puzanov Senior Planner ALSO PRESENT: Members of the public and press. 1.0 CALL TO ORDER Mayor Edmondson calls the meeting to order at 4:00 pm. 2.0 APPOINTMENT OF POSITION OF COUNCILLOR WARD 4 R2016- Motion by 2.1 C-2016-019 - Appointment of Councillor - Ward 4 THAT Derek Silva be appointment position of Councillor Ward 4. 2.2 ADMINISTRATION OF DECLARATION OF OFFICE 3.0 ADOPTION OF THE ADDITIONS TO THE AGENDA R2016- Motion by THAT the Additions to the Regular Agenda of Council dated November 30 th, 2016 be added to the Agenda as printed. 4.0 BUSINESS FOR WHICH PREVIOUS NOTICE HAS BEEN GIVEN 5.0 DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
Page 2 of 3 The Municipal Conflict of Interest Act requires any member of Council declaring a pecuniary interest and the general nature thereof, where the interest of a member of Council has not been disclosed by reason of the member s absence from the meeting, to disclose the interest at the first open meeting attended by the member of Council and otherwise comply with the Act. Name Item Nature 6.0 ADOPTION OF THE MINUTES R2016- Motion by THAT the November 16th, 2016 Council Minutes be adopted as printed. 7.0 CONSENT AGENDA R2016- Motion by Items listed under the Consent Agenda are considered routine and may require discussion but no action on the part of Council. Consent items are received in one motion. Council members may request that one or more item be removed for further action. 1. THAT be CS016-051 2017 Budget Engagement received. 2. THAT be CS016-052 Ontario Municipal Partnership Fund received. 3. THAT be PWE 043-16 Old River Road - UTRCA Funding Contribution received. 8.0 DELEGATIONS 4:30pm 8.1 MPAC - 2016 Assessment Update Farm Portfolio - Brenda Slater 9.0 STAFF REPORTS R2016- Motion by R2016- Motion by 9.1 CS016-050 Delaware Hydro Reserve THAT $30,000 from the Delaware Hydro Reserve be used for the new flooring project at the Delaware Community Centre in 2017. 9.2 PWE 046-16 Water Wastewater Fronting Fees THAT the review of the Fronting Fees for the Water/Wastewater Systems be received. 9.3 PWE 047-16 McClary-Roberts Municipal Drain Construction Tender Award
Page 3 of 3 R2016- Motion by R2016- Motion by THAT the construction of the McClary-Roberts Municipal Drain be awarded to the lowest tender bid submission received from VanBree Drainage and Bulldozing Ltd. in the amount of $182,206.85 (including HST). 9.4 CA02016-017 Archives request for use of additional space THAT staff be authorized to make changes to the current agreement to allow the Archives to utilize the dance hall room in the Delaware Community Centre on Wednesdays from 9 am to 1 pm when not in use or rented out to another party. 10.0 NEW BUSINESS 11.0 BY-LAWS R2016- Motion by 11.1 By-Law 2016-124 Site Plan Agreement - Rob Clarke Auto 11.2 By-Law 2016-125 Pattyn Severance Agreement 11.3 By-Law 2016-126 Confirming - November 30, 2016 THAT By-Laws 2016-123, 2016-124 and 2016-125 be approved and this constitutes first, second and third reading and that By-Laws 2016-123, 2016-124 and 2016-125 are hereby enacted. 12.0 ADJOURNMENT R2016- Motion by THAT the meeting adjourn at The next Council meeting is Wednesday, December 7 th, 2016 at 4:00 pm in the Council Chamber. INFORMATION ITEMS/COUNCIL CORRESPONDENCE 1. Resolution - MPP Lorne Coe - Bill 9 2. Resolution - Municipality of Greenstone - Regarding Access and Delivery of Hydro 3. Resolution - Twp Madawaska Valley - Bill 7, Promoting Affordable Housting Act 4. Resolution - Twp of McKellar - Fire Protection and Prevention Act 5. Resolution -Twp of South Stormont - Rural Schools 6. UTRCA Minutes - October 25, 2016 7. Middlesex Centre Community Policing Committee Minutes - Oct 2016 8. Middlesex Mutual Neighbourhood Open House, December 8
November 30, 2016 Page 1 of 2 Staff Report Report No.: C-2016-019 Meeting Date: November 30, 2016 Submitted by: Stephanie Troyer-Boyd Subject: Appointment of Councillor Ward 4 Recommendation: THAT Derek Silva be appointment position of Councillor Ward 4. Purpose: To provide Council confirmation that the candidate from the 2014 Municipal Election who received the most votes but was not elected is presently a qualified elector and eligible for appointment. Background: On November 2, 2016, Council received Report C-2016-017 - Process to Fill Council Vacancy which outlined the legislative requirements on the process and timeline for filling the vacant seat on Council. At that meeting, Council passed the following resolution: THAT the Process to Fill Council Vacancy information be received; and FURTHER THAT the Councillor Ward 4 vacancy be filled by appointment from the 2014 Election Candidates as presented in the staff report. As outlined in the staff report, before Council makes an appointment, the Clerk required an opportunity to confirm that the individual who received the most votes but was not elected would a) consent to accept the office if appointed as stated in Section 263(1) of the Municipal Act and b) is still qualified to hold office. A qualified person is a qualified elector under the Municipal Elections Act, 1996, namely a person who is: 18 years of age or older; a Canadian citizen; a resident of the Municipality of Middlesex Centre, or an owner or tenant of land in the municipality or the spouse of such an owner or tenant; and not prohibited from voting under any other Act or disqualified from holding municipal office. The first step was a determination of who received the most votes but was not elected in the 2014 Ward 4 Council seat race. 1
November 30, 2016 Page 2 of 2 Staff Report Election reports from 2014 confirm the following information: Candidate Garvin Burt Aina DeViet Derek E. Silva 141 votes 382 votes 233 votes The candidate who received the most votes but was not elected in the 2014 Municipal Election was confirmed to be Derek E. Silva with 233 votes. Mr. Silva has confirmed that he will accept the office of Councillor Ward 4 if appointed. Staff has confirmed that Mr. Silva is still qualified to hold office by confirming with the Municipal Property Assessment Corporate that he would appear on a voter s list if it was produced today and by confirming that Mr. Silva filed his financial statement from the 2014 Municipal Election in accordance with Section 77 of the Municipal Elections Act. Financial Implications: N/A Strategic Plan: N/A 2
November 30, 2016 Page 1 of 13 Wednesday, November 16, 2016 4:00pm Middlesex Centre Municipal Office MINUTES The Municipal Council of the Municipality of Middlesex Centre met in Regular Session in the Council Chamber on November 16, 2016 at 4:00 pm. COUNCIL PRESENT: Mayor Edmondson - Chair presiding, Councillors Harvey, Brennan, McMillan, DeViet and Berze. REGRETS: STAFF PRESENT: Michelle Smibert CAO, Stephanie Troyer-Boyd Clerk, Arnie Marsman Director of Planning and Development Services, Brian Lima Director of Public Works and Engineering, Scott Mairs Director of Community Services, Tiffany Farrell Director of Corporate Services, Ben Puzanov Senior Planner ALSO PRESENT: Members of the public and press. 1.0 CALL TO ORDER Mayor Edmondson called the meeting to order at 4:02 pm. 2.0 ADOPTION OF THE ADDITIONS TO THE AGENDA R2016-365 Motion by Deputy Mayor DeViet and Councillor Berze THAT the Additions to the Regular Agenda of Council dated November 16, 2016 be added to the Agenda as printed. Carried Item 12.6 By-law 2016-123 Execution - Bella Lago Amending Agreement 3.0 BUSINESS FOR WHICH PREVIOUS NOTICE HAS BEEN GIVEN 3.1 Notice of Motion to be considered at the November 16 th, 2016 Meeting of Council (Councillor Berze) R2016-366 Motion by Councillor Berze and Councillor Harvey THAT staff investigate the UTRCA bank erosion project within the City of London and find out how the project is being funded and whether or not it has any relevance to the Old River Road situation. Carried
November 30, 2016 Page 2 of 13 Council Minutes 2 November 16, 2016 4.0 DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF The Municipal Conflict of Interest Act requires any member of Council declaring a pecuniary interest and the general nature thereof, where the interest of a member of Council has not been disclosed by reason of the member s absence from the meeting, to disclose the interest at the first open meeting attended by the member of Council and otherwise comply with the Act. Name Item Nature Mayor Edmondson 9.3 and 10.2 he and his wife are the applicants for the planning applications 5.0 ADOPTION OF THE MINUTES R2016-367 Motion by Councillor Berze and Councillor Brennan THAT the October 19, 2016 Council Minutes be adopted as printed. Carried R2016-368 Motion by Councillor McMillan and Deputy Mayor DeViet THAT the November 2, 2016 Council Minutes be adopted as printed. Carried 6.0 CONSENT AGENDA Items listed under the Consent Agenda are considered routine and may require discussion but no action on the part of Council. Consent items are received in one motion. Council members may request that one or more item be removed for further action. Councillor McMillan asked for an update on the Paws in Parks program and questioned whether there were issues at the locations. Scott Mairs, Director of Community Services, stated that comments have been received regarding all three sites. He stated that there would be a Public Participation meeting regarding the program on December 5, 2016 where they hope to have the community assist with identifying issues and moving forward to the next stage. R2016-369 Motion by Councillor McMillan and Councillor Harvey 1. THAT PDSD-B-13-16 - October 2016 Building Report be received. 2. THAT CS016-046 Budget to Actual October 2016 be received 3. THAT CS016-047 2017 CSPT Grant Allocation be received. 4. THAT CS-2016-07 Komoka Trail Tender Results be received. 5. THAT CSAC 09-2016 Community Service Advisory Minutes be received 6. THAT PWE 042-16 - DWQMS External Audit be received. 7. THAT PWE 044-16 - Birr MOECC Inspection be received. 8. THAT PWE 045-16 - Melrose MOECC Inspection be received. Carried
November 30, 2016 Page 3 of 13 Council Minutes 3 November 16, 2016 7.0 STAFF REPORTS 7.1 PDSD-BY-12-16 - Source Protection RMI Appointment R2016-370 Motion by Councillor Harvey and Councillor McMillan THAT Aaron Stewardson be appointed as a Risk Management Inspector under the Clean Water Act. Carried 7.2 CS016-049 Cost of Living Adjustment - 2017 Councillor Harvey noted that the recommendation is for a 1.6% cost of living adjustment when the average of comparators is 1.53%; he questioned why the recommendation is above the average. Tiffany Farrell, Director of Corporate Services, stated that the consultant looked at additional information beyond the selected comparators including the trend in the municipal sector. She noted that the findings from the 2017 salary planning survey completed by Gallagher McDowall indicates that average planned adjustments in the municipal sector is approximately 1.7% for non-union salary grids. The recommendation of 1.6% is mid-range of these comparisons. Councillor Brennan stated that all Middlesex County municipalities in the comparators are 1.5%. In addition, he noted that there is a 4% increase on the salary grid for step adjustments. It was noted that there are 4 steps on the grid and that once staff reaches job rate, annual increases are cost of living adjustment only. R2016-371 Motion by Councillor Berze and Councillor McMillan THAT the Municipal wage grid be adjusted by a cost of living increase of 1.6% for 2017. Carried 7.3 CS016-048 Council Grants Policy Report Director of Corporate Services, Tiffany Farrell, provided an overview on the revised policy. She stated that the application is longer and asks for more information from the applicants. She confirmed that communication of the grant program would be sent to groups who applied for funding in the past, on the municipal website, the municipal magazine and through social media. Councillor Harvey asked for clarification on how the program will work with the Fee Waiver and Reduction policy for municipal facilities. Tiffany Farrell stated that there is no change to that policy and it will continue to operate with a separate application through the Community Services department. Councillor McMillan stated that she has never been a supporter of the Council grant policy but thinks that this new policy is tighter and more inclusive. She stated that she appreciated the 2016 recipient groups presenting to Council over the last few months.
November 30, 2016 Page 4 of 13 Council Minutes 4 November 16, 2016 R2016-372 Motion by Councillor DeViet and Councillor Harvey THAT revisions to the Municipal Council Grant Policy be approved. Carried 7.4 C-2016-018 - 2017 Council Meeting Schedule R2016-373 Motion by Councillor McMillan and Councillor Harvey THAT the 2017 Council meeting schedule be adopted; and FURTHER THAT notice be provided to the public by posting the schedule on the municipal website. Carried 7.5 C-2016-016 - Declaring Office of Councillor - Ward 4 Vacant R2016-374 Motion by Councillor Harvey and Councillor Berze THAT the office of Councillor Ward 4 be declared vacant as required by Subsection 262(1) of the Municipal Act, 2001. Carried 7.6 C-2016-017 - Process to Fill Council Vacancy Councillor Berze stated that he prefers the option which appoints Councillor Ward 4 from the 2014 Election Candidates. He stated that Council chose not to have a by-election for the Deputy Mayor vacancy and would question a decision to use that method for Ward 4. He stated that there were two people who ran for Ward 4 in the 2014 election who could be considered for appointment. Deputy Mayor DeViet stated that she agrees with Councillor Berze. She noted that there was an election in the ward in 2014 and sees no reason to spend considerable funds for a by-election where candidates who have gone through an election are willing to step forward. Councillor McMillan stated that she has looked into the manner in which other municipalities in the same position have filled Council vacancies. She stated that very few municipalities choose a by-election, particularly if there was another candidate from the previous election. She stated that she supports the appointment Councillor Ward 4 from the 2014 Election Candidates. Councillor Brennan stated that he isn t convinced that appointing from the 2014 election candidates is the best decision. He suggested that the second place candidate from 2014 may not have been the second place candidate if you reassign the voters who voted for Deputy Mayor DeViet. He recalled when he was appointed to Council, interested people had to make application to Council and a decision was made by Council after an interview process. Councillor Brennan stated that he would prefer a by-election or appointment after a call for applications.
November 30, 2016 Page 5 of 13 Council Minutes 5 November 16, 2016 Councillor Harvey stated that the cost for a by-election is significant recognizing that a full election will take place in 2 years. He also acknowledged the timing for a by-election would be into late February or early March of 2017 before the seat was filled. For these reasons, he stated that a by-election should not be considered. With respect to the appointment option, he noted that there are candidates who ran in the 2014 election to consider for appointment; had there not been candidates a different conversation would have to be had. He commented that the application process isn t the best way to evaluate a candidate. Councillor Harvey stated that he prefers appointment from 2014 election candidates. Mayor Edmondson stated that there is a candidate who received votes in the previously held election who is willing to accept the appointment. The Ward 4 voters have spoken and the appointment from the 2014 election candidates option is fair. R2016-375 Motion by Deputy Mayor DeViet and Councillor Berze THAT the Process to Fill Council Vacancy information be received; and FURTHER THAT the Councillor Ward 4 vacancy be filled by appointment from the 2014 Election Candidates as presented in the staff report. Carried 8.0 RECESS FOR DINNER R2016-376 Motion by Councillor Harvey and Councillor Berze THAT Council recess at 5:00 pm and reconvene at 7:00 pm. Carried 9.0 PUBLIC MEETINGS Having declared a pecuniary interest, Mayor Edmondson removed himself from the Council chambers for the Public Meetings and Committee of Adjustment portions of the meeting. 7:00 pm R2016-377 Motion by Councillor Harvey and Councillor Brennan THAT Council move into Public Meeting at 7 p.m. under Section 53 & 34 of the Planning Act, R.S.O. 1990, c. P13, as amended. Carried 9.1 PDSD-P-62-16 Bycraft Estate - Consent B-21/16 & ZBA Agent for the applicant, Janet Gibbons, stated that the application is a surplus farm residence application and is in conformity with both the County and Municipality s Official Plans and the municipality s zoning by-law. Ms. Gibbons stated that the accessory building that was on the property at the time of the application has been demolished.
November 30, 2016 Page 6 of 13 Council Minutes 6 November 16, 2016 Clerk, Stephanie Troyer-Boyd, stated no comments have been received from circulation agencies or the public. There were no members of the public in attendance wishing to speak to this application. Ben Puzanov, Senior Planner, summarized his report in support of the application. He noted that condition #10 was a condition for the accessory buildings to be removed but it has already been done. As such, the condition #10 as recommended in the staff report can be removed. R2016-378 Motion by Councillor Brennan and Councillor McMillan THAT Consent Application B-21/16, filed in order to sever a surplus farm residence on a lot with a lot frontage of approximately 76 metres along Hedley Drive and an area of approximately 0.615 hectares; from a property legally described as Part of Lot 6, Concession 9 (geographic Township of Lobo), Municipality of Middlesex Centre and known municipally as 10097 Hedley Drive; be granted. FURTHER THAT Consent B-21/16 be subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled. 2. That the fee for the Certificate of Consent be paid in accordance with the Municipality s Fees and Charges By-law. 3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-21/16 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That the Owners solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent. 5. That the Owners solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision. 6. That the Owners enter into a severance agreement with the Municipality in order to advise future owners of the severed lot of Consent B-21/16 of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act,1998, as amended. 7. That any outstanding property taxes for the severed and retained lots of Consent B-21/16 be paid in full. 8. That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner. 9. That a Zoning By-law Amendment that recognizes the residential use of the severed lot of Consent B-21/16 and prohibits new dwellings on the retained lot of Consent B-21/16 be in full force and effect.
November 30, 2016 Page 7 of 13 Council Minutes 7 November 16, 2016 FURTHER THAT the reasons for granting Consent application B-21/16 include: The proposal is consistent with the Provincial Policy Statement; The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and Subject to a Zoning By-law Amendment, the proposal would comply with the Middlesex Centre Comprehensive Zoning By-law. AND FURTHER THAT the Zoning By-law Amendment, filed for the severed and retained lots of Consent B-21/16 in order to implement the severance of a surplus farm residence and modified in order to exclude the proposed 166.42 square metre residential accessory building size for the severed lot of Consent B-21/16, be approved. Carried 9.2 PDSD-P-63-16 Wong - Consent B-22/16 Applicant, Larry Wong, stated that the two properties he owns have merged at the land registry office. He indicated that the proposal to replace the lot pattern that originally existed to create two separate 100 acre properties. Clerk, Stephanie Troyer-Boyd, stated no comments have been received from circulation agencies or the public. There were no members of the public in attendance wishing to speak to this application. Ben Puzanov, Senior Planner, summarized his report in support of the application. Councillor Brennan asked whether the applicant was in agreement with the six conditions. Mr. Wong stated that he was aware of them and in agreement. Councillor McMillan asked if they were once separate properties. Mr. Wong confirmed that they were once separate properties. R2016-379 Motion by Councillor Brennan and Councillor Berze THAT Consent Application B-22/16, filed by Larry and Ann Wong in order to sever a vacant farm with a lot frontage of approximately 600 metres along Gold Creek Drive and an area of approximately 40.47 hectares; from a property legally described as Part of Lots 7 and 8, Concession 4 (geographic Township of Lobo), Municipality of Middlesex Centre; be GRANTED. FURTHER THAT Consent B-22/16 be subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled.
November 30, 2016 Page 8 of 13 Council Minutes 8 November 16, 2016 2. That the fee for the Certificate of Consent be paid in accordance with the Municipality s Fees and Charges By-law. 3. That the Owners solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision. 4. That the Owners solicitor provide a Transfer in Preparation to the Municipality, together with a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent. 5. That any outstanding property taxes for the severed and retained lots of Consent B-22/16 be paid in full. 6. That a cash-in-lieu of parkland dedication be paid in accordance with the Municipality s Fees and Charges By-law. AND FURTHER THAT the reasons for granting Consent Application B-22/16 include: The proposal is consistent with the Provincial Policy Statement; The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and The proposal complies with the Middlesex Centre Comprehensive Zoning By-law. Carried 9.3 PDSD-P-64-16 Edmondson - Consent B-23/16 Representative for the applicant, Dave Donaldson, stated that he is the tenant farmer for the retained and receiving properties. He stated that the application for severance is to provide an alternative route to the land being severed as it is extremely difficult to access the severed lands from the retained land. Clerk, Stephanie Troyer-Boyd, stated no comments have been received from the UTRCA with no objection. Earl Siegrist of 22799 Highbury Ave questioned whether a development assessment report or a water management report was required for this proposal. He stated that he is not against the proposal but he noted that he applied for exactly the same thing a year ago and it was denied. Ben Puzanov, Senior Planner, summarized his report in support of the application. He stated that this application is much different than the application Mr. Siegrist has referred to as it is a boundary adjustment between 2 undersized farm properties. He stated that staff have had extensive conversations between UTRCA and Middlesex County s Woodland Conservation Officer. There is no requirement for a development assessment report as there are 2 farm properties involved in this application. The aforementioned application was for a rural residential lot addition which took agricultural land out of production, which required a different assessment of the application. Councillor Brennan asked whether the Medway Creek located at the back of the receiving lot would create a natural severance on the receiving lot. Ben Puzanov stated that he has not researched the navigability of the Medway Creek at that location but it is inconsequential since a condition of the severance is that the
November 30, 2016 Page 9 of 13 Council Minutes 9 November 16, 2016 property must be consolidated with the receiving lot. Councillor Brennan also asked if a precedent was being set by approving this application. Ben Puzanov stated that every application is evaluated on its own merit. He noted that in this instance, the net effect is the same. He also stated that boundary adjustments are permitted in the OP subject to no adverse effect on agriculture; noting the situation is going to be improved with respect to access to the property. R2016-380 Motion by Councillor McMillan and Councillor Berze THAT Consent Application B-23/16, filed by Al and Eleanor Edmondson in order to sever and convey as a lot addition a parcel with an area of approximately 5.358 hectares to the abutting 10.1 hectare property to the west known municipally as 21952 and 21968 Richmond Street; from a property legally described as Part of Lot 15, Concession 8 (geographic Township of London), Municipality of Middlesex Centre and known municipally as 14484 Eight Mile Road; be granted. FURTHER THAT Consent B-23/16 be subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled. 2. That the fee for the Certificate of Consent be paid in accordance with the Municipality s Fees and Charges By-law. 3. That the severed lot of Consent B-23/16 be registered in the same name and title as the adjacent property to the west, known municipally as 21952 and 21968 Richmond Street; that the two holdings PINs be consolidated; and that Sections 50(3) and 50(5) of the Planning Act apply to any future conveyance of the said severed parcel. 4. That any outstanding property taxes for the severed and retained lots of Consent B-23/16 be paid in full. 5. That Minor Variance A-12/16 be in full force and effect. FURTHER THAT the reasons for granting Consent Application B-23/16 include: The proposal is consistent with the Provincial Policy Statement; The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and Subject to the Minor Variance application that has been submitted, the proposal would comply with the Middlesex Centre Comprehensive Zoning By-law. Carried R2016-381 Motion by Councillor Harvey and Councillor Brennan THAT the Public Meeting adjourn and regular Council resume at 7:20 pm. Carried
November 30, 2016 Page 10 of 13 Council Minutes 10 November 16, 2016 10.0 COMMITTEE OF ADJUSTMENT R2016-382 Motion by Councillor Harvey and Councillor Brennan THAT the Council adjourn its regular meeting at 7:20 p.m. in order to sit as Committee of Adjustment under Section 45 of The Planning Act R.S.O., 1990, as amended. Carried 10.1 Disclosure of Pecuniary Interest and the General Nature Thereof The Municipal Conflict of Interest Act requires any member of Committee of Adjustment declaring a pecuniary interest and the general nature thereof, where the interest of a member of Committee of Adjustment has not been disclosed by reason of the member s absence from the meeting, to disclose the interest at the first open meeting attended by the member of Committee of Adjustment and otherwise comply with the Act. The Clerk noted that Mayor Edmondson had declared a pecuniary interest at the beginning of the Council meeting as he and his wife are the applicants for applications B-23/16 and A-12/16. She stated that Mayor Edmondson has removed himself from the chambers while the applications are being considered for this reason and is unable to declare the conflict on the minor variance as he is not in the room. 10.2 PDSD-P-64-16 Edmondson - Minor Variance A-12-16 Chair McMillan summarized the purpose and effect of the application. There was no presentation from the applicant. Stephanie Troyer-Boyd, Clerk, stated that comments were received from the UTRCA indicating they have no objection to the proposal. Earl Siegrist of 22799 Highbury Ave asked that the same comments he made for the severance application be noted. Brian McClary of 21741 Richmond Street stated that he hopes that boundary lines on other properties can be changed the same way in the future. Ben Puzanov, Senior Planner stated that the application for minor variance is to recognize the reduced lot area of the retained parcel from Consent B-23/16. He stated that there is no net effect in terms of number of lots or the amount of agricultural land available and that agricultural activities will be improved. Councillor Brennan confirmed that the improvement to agriculture is solely the lot accessibility issue. R2016-383 Motion by Councillor Berze and Councillor Harvey
November 30, 2016 Page 11 of 13 Council Minutes 11 November 16, 2016 THAT Minor Variance Application A-12/16, filed by Al and Eleanor Edmondson for relief from the minimum lot area requirement of 40 hectares for farms within the Agricultural (A1) zone of the Middlesex Centre Comprehensive Zoning By-law, whereas the applicants are proposing a lot area of 10.36 hectares for the lot proposed to be retained of Consent B-23/16; for a property legally described as Part of Lot 15, Concession 8 (geographic Township of London), Municipality of Middlesex Centre and known municipally as 14484 Eight Mile Road; be granted. FURTHER THAT Minor Variance A-12/16 not be subject to any conditions. AND FURTHER THAT the reasons for granting Minor Variance Application A -12/16 include: The request complies with the general intent and purpose of the Middlesex Centre Official Plan; The request complies with the general intent and purpose of the Middlesex Centre Comprehensive Zoning By-law; The request is minor in nature; and The request would facilitate an appropriate use of the land. Carried 10.3 PDSD-P-61-16 Macarico - Minor Variance A-10-16 The applicant stated that the shed has already been constructed and a minor variance will allow them to keep it in its present location. Stephanie Troyer-Boyd, Clerk, stated that comments were received from the UTRCA indicating no objection and neighbouring property owners from 89-9 Dausett Drive who are supportive of the application. There were no members from the public wishing to speak to this application. Ben Puzanov summarized his report in support of the application. Councillor Brennan asked if the location was confirmed at the time of building permit. Ben Puzanov stated that a building permit was not sought for the shed. Chief Building Official, Arnie Marsman stated that if the variance is granted, a building permit will be applied for retroactively. Councillor Brennan questioned whether the applicants were unaware of the need for a building permit. The applicant stated that they thought the shed was small and that they did not require a permit. R2016-384 Motion by Councillor Harvey and Deputy Mayor DeViet THAT Minor Variance Application A-10/16, filed by Maria Macarico and Luis Cego for relief from the Comprehensive Zoning By-law as it relates to rear and interior side yard setbacks for an existing accessory building that was constructed 0.915 metres and 1.22 metres from the rear and easterly interior side lot lines, respectively, whereas the Comprehensive Zoning By-law requires rear and interior side yard setbacks of 1.5 metres; on land legally
November 30, 2016 Page 12 of 13 Council Minutes 12 November 16, 2016 described as Lot 15, Registered Plan 33M-656 (geographic Township of Lobo), Municipality of Middlesex Centre and known municipally as 21 Peregrine Avenue; be granted. FURTHER THAT Minor Variance A-10/16 not be subject to any conditions. AND FURTHER THAT the reasons for granting Minor Variance Application A- 10/16 include: The request complies with the general intent and purpose of the Middlesex Centre Official Plan; The request complies with the general intent and purpose of the Middlesex Centre Comprehensive Zoning By-law; The request is minor in nature; and The request represents appropriate development on the subject property. Carried R2016-385 Motion by Councillor Brennan and Councillor Harvey THAT Committee of Adjustment adjourn and regular Council resume at 7:31 pm. Carried 11.0 NEW BUSINESS 11.1 While reviewing correspondence item #2 - OPP - Letter on Arbitration Award, there was some discussion regarding AMO and their work on Interest Arbitration. R2016-386 Motion by Councillor Berze and Councillor Harvey THAT staff write a letter to AMO to obtain a status report on their work regarding Interest Arbitration. Carried 11.2 Councillor Brennan asked Director of Public Works & Engineering Brian Lima if staff could look at remedying an issue on Nine Mile Road to building up the sides where gravel is forced out from the heavy farm machinery resulting in the tar and chip is breaking away. Brian Lima confirmed he could have staff look at the situation and remedy. 12.0 BY-LAWS 12.1 By-Law 2016-105 Baker-Westdel Bourne Drain 2016 12.2 By-Law 2016-118 Execution - Municipal Outlet Easement - Bella Lago 12.3 By-Law 2016-119 Road Dedication - 33M-666 12.4 By-Law 2016-120 Appoint Risk Management Official and Inspector 12.5 By-Law 2016-121 ZBA Bycraft 12.6 By-Law 2016-123 Execution - Bella Lago Amending Agreement 12.7 By-Law 2016-122 Confirming - November 16, 2016
November 30, 2016 Page 13 of 13 Council Minutes 13 November 16, 2016 R2016-387 Motion by Deputy Mayor DeViet and Councillor Harvey THAT By-Law 2016-105 be approved and this constitutes and third and final reading and that By -Law 2016-105 is hereby enacted; and FURTHER THAT By-Laws 2016-118 through 2016-123 be approved and this constitutes first, second and third reading and that By-Laws 2016-118, 2016-119, 2016-120, 2016-121, 2016-122 and 2016-123 are hereby enacted. Carried 13.0 ADJOURNMENT R2016-388 Motion by Councillor Berze and Councillor Harvey THAT the meeting adjourn at 7:35 pm. Carried The next Council meeting is Wednesday, November 30, 2016 at 4:00 pm at the Ilderton Community Centre (13168 Ilderton Rd, Ilderton) INFORMATION ITEMS/COUNCIL CORRESPONDENCE 1. LTVCA - Season's Greetings Event 2. OPP - Letter on Arbitration Award 3. OSUM Conference 2017 4. RealTax - Upcoming Changes to Legislation Regarding Tax Sales 5. Sunningdale Golf & County Club - Hole Relocation Public Information Meeting
November 30, 2016 Page 1 of 2 Staff Report Meeting Date: November 30, 2016 Submitted by: Number: Subject: Tiffany Farrell CS016-051 2017 Budget Engagement Recommendation: THAT the 2017 Budget Engagement report be received. Purpose: To provide Council with information following the 2017 Budget engagement initiatives. Background: In 2016 the Municipality was looking for new and innovative ways to engage our residents in the municipal budget creation for 2017. In September staff created an interactive online survey, in which the results were presented to Council on November 2, 2016. In October staff held two informal budget sessions in the public, one at the Ilderton Arena and the other at the Komoka Library. Finally, on November 2, 2016, staff held a Budget roundtable exercise to get residents involved in the budget process and creation. Analysis: The budget survey results were presented to Council on November 2, 2016 during a Budgeting 101 presentation. There were 72 responses to the survey. The survey resulted in many questions and concerns, all of which were addressed in a Budget questions and answers report that was posted to the website following the November 2, 2016 presentation. The two informal budget sessions had 4 residents involved with various questions. The questions ranged from recycling questions in the municipality to tax rates and user fees. Some residents provided insight on what they would like to see in the budget presentation and this information is being considered for that presentation on December 7, 2016.
November 30, 2016 Page 2 of 2 Finally, there were 2 residents that participated in the budget roundtable exercise. Both residents had some great questions that staff addressed that evening. There were many questions and concerns from this session that will be incorporated into the final budget presentation. The residents were able to ask direct questions to the Directors and provide meaningful feedback to staff. Some of the overall topics discussed from these sessions included: 1. Farm tax ratio and rate 2. User fees on garbage and recreation 3. Water, Wastewater and Stormwater fees, specifically the Lifecycle reserve fund 4. Specific capital works questions why were certain projects being completed over others. 5. Decisions on capital projects 6. Asset management 7. Cut spending on non-essential items Financial Implications: N/A Strategic Plan: Financial: Generate Revenue Financial: Maintain Financial Integrity Financial: Manage Costs
November 30, 2016 Page 1 of 12 Staff Report Meeting Date: November 30, 2016 Submitted by: Number: Subject: Tiffany Farrell CS016-052 2017 Ontario Municipal Partnership Fund Recommendation: THAT the 2017 Ontario Municipal Partnership Fund report be received. Purpose: This report is to inform Council of the Municipality s Ontario Municipal Partnership Fund (OMPF) funding for 2017. Background: The Ministry of Finance each year provides municipalities with their Ontario Municipal Partnership Fund (OMPF) amount for the next year. This information was received November 10, 2016. Middlesex Centre s OMPF funding consists of the Rural Communities Grant and the Northern and Rural Fiscal Circumstances Grant. Analysis: Middlesex Centre s 2017 OMPF grant will be $1,148,000. The amount for 2016 was $1,005,500 therefore the funding has increased $143,200 over prior year. Refer to attachment. Middlesex Centre Highlights: 1. The Municipality s combined benefit of the 2017 OMPF and provincial uploads totals $1,159,000 (OMPF of $1,148,700 and CSPT grant $10,300), which is the equivalent of 9% of the Municipality s municipal property tax revenue. 2. This exceeds the Municipality s 2016 combined benefit by $146,900 and payments received in 2004 by $478,000.
November 30, 2016 Page 2 of 12 3. The estimated total benefit of the 2017 provincial uploads for the County of Middlesex is $4,558,600, which is the equivalent of 5% of all municipal property tax revenue in the County. Determination of the OMPF Funding: The municipality received funding due to our rural and small community measure, our farm area measure and the norther and rural municipal fiscal circumstances index which provides our guaranteed level of support each year. The northern and rural Municipal Fiscal Circumstances Index (MFCI) measures a municipality s fiscal circumstances relative to other northern or rural municipalities in the province, and ranges from 0 to 10. A lower MFCI corresponds to relatively positive fiscal circumstances, whereas a higher MFCI corresponds to more challenging fiscal circumstances. Middlesex Centre s index is 0.6 which results in an 85% of 2016 OMPF as the guaranteed 2017 level of support ($854,700). The northern and rural Municipal Fiscal Circumstances Index (MFCI) is determined by six indicators that are classified as either primary or secondary, to reflect their relative importance in determining a municipality s fiscal circumstances. Primary indicators consist of: weighted assessment per household and median household income. Middlesex Centre s weighted assessment per household is 66% higher than the median (a disadvantage to our OMPF funds) and the median household income is 50% higher than the median (again, a disadvantage to our funds). Secondary indicators consist of: average annual change in assessment (new construction), employment rate, ratio of working age to dependent population and per cent of population above low income threshold. In 2017, per household funding provided through the Rural Communities Grant will be enhanced for municipalities with a Farm Area Measure of more than 70%, based on a sliding scale, Middlesex Centre s Farm area measure is 85.4%. Therefore Middlesex Centre received an enhancement as part of our Rural Communities Grant allocation. Financial Implications: 2017 Budget - $1,148,700 Strategic Plan: Financial: Generate Revenue
November 30, 2016 Page 3 of 12 Ontario Municipal Partnership Fund (OMPF) 2017 Allocation Notice Municipality of Middlesex Centre 3939 County of Middlesex 2017 Highlights for the Municipality of Middlesex Centre The Municipality of Middlesex Centre's combined benefit of the 2017 OMPF and provincial uploads totals $1,159,000, which is the equivalent of 9% of the Municipality's municipal property tax revenue. This exceeds the Municipality's 2016 combined benefit by $146,900 and payments received in 2004 by $478,000. The estimated total benefit of the 2017 provincial uploads for the County of Middlesex is $4,558,600, which is the equivalent of 5% of all municipal property tax revenue in the County. A Total 2017 OMPF $1,148,700 1. Assessment Equalization Grant - 2. Northern Communities Grant - 3. Rural Communities Grant $1,111,400 4. Northern and Rural Fiscal Circumstances Grant $37,300 5. Transitional Assistance - B 2017 Combined Benefit of OMPF and Provincial Uploads (Line B1 + Line B2) $1,159,000 1. Total OMPF (Equal to Line A) $1,148,700 2. Court Security and Prisoner Transportation Upload $10,300 The estimated total benefit of the 2017 provincial uploads for the County of Middlesex is $4,558,600. The removal of these costs off the property tax base benefits all taxpayers within the County of Middlesex, including those residing in the Municipality of Middlesex Centre. Information regarding the 2017 provincial uploads for the County of Middlesex can be found in the accompanying 2017 Upload Notice Insert. C Other Ongoing Provincial Support n/a 1. Public Health n/a 2. Land Ambulance n/a D Key OMPF Data Inputs 1. Households 6,202 2. Total Weighted Assessment per Household $421,044 3. Rural and Small Community Measure 80.6% 4. Farm Area Measure 85.4% 5. Northern and Rural Municipal Fiscal Circumstances Index 0.6 6. 2017 Guaranteed Level of Support 85.0% 7. 2016 OMPF (Line A from 2016 Allocation Notice) $1,005,500 Note: see line item descriptions on the following page. Issued: November 2016
November 30, 2016 Page 4 of 12 Ontario Municipal Partnership Fund (OMPF) 2017 Allocation Notice Municipality of Middlesex Centre 3939 County of Middlesex 2017 OMPF Allocation Notice - Line Item Descriptions A A5 The OMPF grants are described in detail in the 2017 OMPF Technical Guide - this document can be found on the Ministry of Finance's website at: http://www.fin.gov.on.ca/en/budget/ompf/2017 If applicable, reflects the amount of transitional support provided to assist the municipality in adjusting to the redesigned OMPF program. See the enclosed Transitional Assistance Calculation Insert for further details. B1 Sum of 2017 OMPF grants (Equal to Line A). B2 Estimated 2017 benefit from the provincial upload of court security and prisoner transportation costs provided by the OPP. Actual allocations will be confirmed by the OPP in 2017. C1 The estimated 2017 municipal benefit resulting from the upload of public health costs from a provincial share of 50 per cent in 2004 to 75 per cent in 2007. In two-tier systems, this benefit is identified at the upper-tier level. Actual municipal savings may not correspond with the Allocation Notice due to budget approvals made by the local Board of Health. Municipalities may provide additional funding beyond their obligated cost share or receive additional savings through other provincial grants for public health programs and initiatives. Any additional municipal funding or savings are not included in the calculation of the public health figure. C2 The estimated 2017 municipal benefit of the Province's 50 per cent share of land ambulance funding relative to its share in 2005. This incremental increase in land ambulance funding delivers on the Province's commitment to strengthen land ambulance services and maintain the 50:50 sharing of land ambulance costs. In two-tier systems, this benefit is identified at the upper-tier level. D2 D3 D4 D5 D6 D7 Refers to the total assessment for a municipality weighted by the tax ratio for each class of property (including payments in lieu of property taxes retained by the municipality) divided by the total number of households. Represents the proportion of a municipality's population residing in rural areas or small communities. For additional information, see the 2017 OMPF Technical Guide. Represents the percentage of a municipality's land area comprised of farm land. Additional details regarding the calculation of the Farm Area Measure are provided in the 2017 OMPF Technical Guide. The northern and rural Municipal Fiscal Circumstances Index (MFCI) measures a municipality's fiscal circumstances relative to other northern and rural municipalities in the province, and ranges from 0 to 10. A lower MFCI corresponds to relatively positive fiscal circumstances, whereas a higher MFCI corresponds to more challenging fiscal circumstances. For additional information, see the 2017 OMPF Technical Guide. Represents the guaranteed level of support the municipality will receive from the Province through the 2017 OMPF. For additional information, see the 2017 OMPF Technical Guide. 2016 OMPF allocation Note: Provincial funding and other ongoing provincial support initiatives rounded to multiples of $100. Ontario Ministry of Finance Provincial-Local Finance Division Issued: November 2016
November 30, 2016 Page 5 of 12 Ontario Municipal Partnership Fund (OMPF) 2017 Transitional Assistance Calculation Insert Municipality of Middlesex Centre 3939 County of Middlesex A 2017 OMPF Transitional Assistance (Line B2 - Line B1 if positive) n/a As the municipality's 2017 OMPF identified on line B1 exceeds the guaranteed support identified on line B2, Transitional Assistance is not required. B Supporting Details 1. Sum of 2017 OMPF Grants, excluding Transitional Assistance $1,148,700 2. 2017 Guaranteed Support (Line B2a x Line B2b) $854,700 a. 2016 OMPF (Line A from 2016 Allocation Notice) $1,005,500 b. 2017 Guaranteed Level of Support (Line C) 85.0% C 2017 Guaranteed Level of Support 85.0% The municipality's MFCI is 0.6. The corresponding guaranteed level of support is 85.0%. Note: see line item descriptions on the following page. Issued: November 2016
November 30, 2016 Page 6 of 12 Ontario Municipal Partnership Fund (OMPF) 2017 Transitional Assistance Calculation Insert Municipality of Middlesex Centre 3939 County of Middlesex 2017 Transitional Assistance Calculation Insert - Line Item Descriptions A Transitional Assistance ensures that in 2017, southern municipalities will receive a minimum of 85 per cent of the support they received through the OMPF in 2016. The Municipality of Middlesex Centre's 2017 OMPF exceeds this level. As a result, Transitional Assistance is not required. B1 B2 Sum of 2017 Assessment Equalization, Northern Communities, Rural Communities, and Northern and Rural Fiscal Circumstances Grants. Guaranteed amount of funding through the 2017 OMPF B2a 2016 OMPF allocation B2b Represents the guaranteed level of support the municipality will receive from the Province through the 2017 OMPF. For additional information, see the 2017 OMPF Technical Guide. C Reflects the guaranteed level of support for southern municipalities. Note: Provincial funding and other ongoing provincial support initiatives rounded to multiples of $100. Ontario Ministry of Finance Provincial-Local Finance Division Issued: November 2016
November 30, 2016 Page 7 of 12 Ontario Municipal Partnership Fund (OMPF) 2017 Northern and Rural Municipal Fiscal Circumstances Index Municipality of Middlesex Centre 3939 County of Middlesex A Northern and Rural MFCI - Municipality of Middlesex Centre 0.6 The northern and rural Municipal Fiscal Circumstances Index (MFCI) measures a municipality's fiscal circumstances relative to other northern and rural municipalities in the province on a scale of 0 to 10. A lower MFCI corresponds to relatively positive fiscal circumstances, whereas a higher MFCI corresponds to more challenging fiscal circumstances. The northern and rural MFCI is determined by six indicators that are classified as either primary or secondary, to reflect their relative importance in determining a municipality's fiscal circumstances. The table below provides a comparison of the indicator values for the Municipality to the median for northern and rural municipalities. B Northern and Rural MFCI - Indicators Primary Indicators Middlesex Centre M Median 1. Weighted Assessment per Household $421,044 $253,000 2. Median Household Income $91,701 $61,000 Secondary Indicators 3. Average Annual Change in Assessment (New Construction) 1.7% 1.1% 4. Employment Rate 66.9% 58.0% 5. Ratio of Working Age to Dependent Population 190.9% 194.0% 6. Per cent of Population Above Low Income Threshold 92.8% 87.0% Note: An indicator value that is higher than the median corresponds to relatively positive fiscal circumstances, while a value below the median corresponds to more challenging fiscal circumstances. Additional details regarding the calculation of the northern and rural MFCI are provided in the 2017 OMPF Technical Guide, as well as in the customized municipal 2017 Northern and Rural MFCI Workbook. Issued: November 2016
November 30, 2016 Page 8 of 12 Ontario Municipal Partnership Fund (OMPF) 2017 Northern and Rural Municipal Fiscal Circumstances Index Municipality of Middlesex Centre 3939 County of Middlesex 2017 Northern and Rural Municipal Fiscal Circumstances Index - Line Item Descriptions A The municipality's 2017 northern and rural MFCI. Additional details are provided in the municipality's customized 2017 Northern and Rural MFCI Workbook. B1 B2 B3 B4 B5 B6 Refers to the total assessment for a municipality weighted by the tax ratio for each class of property (including payments in lieu of property taxes retained by the municipality) divided by the total number of households. Statistics Canada's measure of median income for all private households in 2010. Measures the five-year (2011-2016) average annual change in a municipality's assessment, for example as a result of new construction, excluding the impact of reassessment. Statistics Canada's measure of number of employed persons, divided by persons aged 15 and over. Statistics Canada's measure of working age population, divided by youth (aged 14 and under) and senior population (aged 65 and over). Statistics Canada's measure of the population in private households above the low-income threshold for Ontario compared to the total population in private households. Ontario Ministry of Finance Provincial-Local Finance Division Issued: November 2016
November 30, 2016 Page 9 of 12 Ontario Municipal Partnership Fund (OMPF) 2017 Farm Area Measure Insert Municipality of Middlesex Centre 3939 County of Middlesex A Farm Area Measure (Line B1 / Line B2) 85.4% The Farm Area Measure (FAM) represents the percentage of a municipality's land area comprised of farm land. Farm Land Area Municipal Land Area = Farm Area Measure B Supporting Details 1. Farm Land Area 124,033 acres 2. Municipal Land Area 145,335 acres In 2017, per household funding provided through the Rural Communities Grant will be enhanced for municipalities with a Farm Area Measure of more than 70 per cent, based on a sliding scale. Eligible municipalities receive this enhancement as part of their Rural Communities Grant allocation. Additional details regarding the calculation of the Farm Area Measure are provided in the 2017 OMPF Technical Guide, as well as in the municipality's customized 2017 OMPF Workbook. Note: see line item descriptions on the following page. Issued: November 2016
November 30, 2016 Page 10 of 12 Ontario Municipal Partnership Fund (OMPF) 2017 Farm Area Measure Insert Municipality of Middlesex Centre 3939 County of Middlesex 2017 Farm Area Measure Insert - Line Item Descriptions A Represents the percentage of a municipality's land area comprised of farm land. Additional details regarding the calculation of the Farm Area Measure are provided in the 2017 OMPF Technical Guide. B1 The number of acres of land for properties in the farm property tax class. B2 The total number of acres of land in the municipality. Ontario Ministry of Finance Provincial-Local Finance Division Issued: November 2016
November 30, 2016 Page 11 of 12 Ontario Municipal Partnership Fund (OMPF) 2017 Upload Notice Insert County of Middlesex 3900 A Estimated 2017 Provincial Uploads $4,558,600 1. Ontario Drug Benefits $944,900 2. Ontario Disability Support Program - Administration Component $244,800 3. Ontario Disability Support Program - Benefits Component $2,406,000 4. Ontario Works - Benefits Component $636,100 5. Ontario Works - Administration Component (Additional Support) $326,800 B 2016 Provincial Uploads $4,185,400 C Increase in Provincial Uploads Compared to 2016 (Line A - Line B) $373,200 The removal of these costs off the property tax base benefits all taxpayers within the County of Middlesex, including those residing in the Municipality of Middlesex Centre. Note: see line item descriptions on the following page. Issued: November 2016
November 30, 2016 Page 12 of 12 Ontario Municipal Partnership Fund (OMPF) 2017 Upload Notice Insert County of Middlesex 3900 2017 Upload Notice - Line Item Descriptions A Estimated 2017 municipal benefit resulting from the provincial upload of social assistance benefit programs and court security and prisoner transportation (CSPT) costs. B 2016 Social Programs Cost. Equal to Line A of the 2016 Upload Notice. Note: Provincial funding and other ongoing provincial support initiatives rounded to multiples of $100. Ontario Ministry of Finance Provincial-Local Finance Division Issued: November 2016
November 30, 2016 Page 1 of 2 Staff Report Report No.: PWE 043-16 Meeting Date: November 30, 2016 Submitted by: Subject: Brian Lima Director, Public Works & Engineering Old River Road - UTRCA Funding Contribution Recommendation: THAT the Old River Road UTRCA Funding Contribution report be received. Purpose: To investigate how the West London Dyke rehabilitation project has been historically funded and whether a like joint partnership with the Upper Thames River Conservation Authority (hereinafter referred to as UTRCA) is possible. Background: On November 16, 2016 the Municipality of Middlesex Centre Council passed the following resolution: THAT staff investigate the UTRCA bank erosion project within the City of London and find out how the project is being funded and whether or not it has any relevance to the Old River Road situation. Analysis: The West London Dyke which saw construction start in the late 1800s, is approximately 2,300 m long and runs along the west bank of the north branch of the Thames River extending north of Oxford Street to the Forks of the Thames River and then along the north bank of the main branch to the west of the Wharncliffe Road Bridge and terminating in Cavendish Park. The West London Dyke is primarily an engineered structure which protects life and property during periods of extreme river flows and has been the focus of major ongoing phased rehabilitation efforts. The City of London owns the dyke and through an agreement, the Upper Thames River Conservation Authority (UTRCA) simply undertakes major maintenance activities. In 2005, while undertaking the initial stages of a concrete repair program on a section of the West London dyke, the UTRCA and the City concluded that a significant portion had come to the end of its useful life and needed to be replaced rather than repaired. The first phase of the project, completed in 2008, was funded solely by the Ontario Ministry of 1
November 30, 2016 Page 2 of 2 Staff Report Natural Resources Water and Erosion Control Infrastructure Program and the City of London, at a total cost of $3,600,000. The UTRCA continues to act solely as the project manager and has not funded the maintenance and rehabilitation works completed to date. Financial Implications: N/A Strategic Plan: N/A 2
November 30, 2016 Page 1 of 25 2016 Assessment Update Farm Portfolio Municipality of Middlesex Centre November 30 th, 2016 Brenda Slater Account Manager Municipal and Stakeholder Relations
November 30, 2016 Page 2 of 25 ONTARIO S ASSESSMENT SYSTEM 2
November 30, 2016 Page 3 of 25 ONTARIO S ASSESSMENT CYCLE 2008 2009-2012 Tax Years January 1, 2008 (valuation date) 2012 2013-2016 Tax Years January 1, 2012 (valuation date) 2016 2017-2020 Tax Years January 1, 2016 (valuation date)
November 30, 2016 Page 4 of 25 2016 ASSESSMENT UPDATE MPAC has been preparing the 2016 assessment update since early in 2014 two years earlier than previous assessment updates 2014 2015 2016 2017 Property Assessment Notice Mailings Disclosure & Consultation PAN Redesign Municipal Connect Sales Investigations & Data Quality Checks
November 30, 2016 Page 5 of 25 NOTICE MAILING SCHEDULE Property Type Notice Mailing Date Request for Reconsideration Deadline Farm Properties October 11, 2016 February 8, 2017 Business Properties October 18, 2016 February 15, 2017 Multi-Partition Residential Properties October 24, 2016 February 21, 2017 Business and Special Purpose Properties, Landfills, Managed Forests November 28, 2016 March 28, 2017
November 30, 2016 Page 6 of 25 2016 PROPERTY ASSESSMENT NOTICE - FARMS Assessment Overview Assessed Value as of January 1, 2016 Assessed Value as of January 1, 2012 Change between 2012 and 2016 How will my municipality use MPAC s property assessment? Explanation of phase-in provision (Assessment Act) Phase in Assessed Values (2017-2020 tax years) Request for Reconsideration Deadline (by tax year) Issue Date 2016 Assessed Value Account Information Roll Number AboutMyProperty Login Location, description, municipality and school support Property Acreage Contact Us Property Classification
November 30, 2016 Page 7 of 25 2016 PROPERTY ASSESSMENT NOTICES - FARMS Your property is assessed as a farm, however, the farm portion is currently in the residential property class. You may be eligible for the Farm Property Class Tax Rate Program, administered through the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). For more information, please contact OMAFRA at 1 877 424-1300.
November 30, 2016 Page 8 of 25 OUR APPROACH The Assessment Act is the main legislative framework used in determining how a property is valued. Section 19.(5): Farmland & Farm Outbuildings consideration shall be given to the current value of the lands and buildings for farming purposes only, and in determining the current value, consideration shall not be given to sales of lands and buildings to persons whose principle occupation is other than farming 223,082 farmland properties in the province $89.32 billion total CVA Section 19.(1): Assessment based on Current Value
November 30, 2016 Page 9 of 25 2016 ASSESSMENT UPDATE FARMLAND SALES CHANGES MPAC has implemented the following changes for the 2016 Assessment Update: 1. Improved sales verification process to ensure that only sales of farmland to a farmer are included in the analysis and valuation process 2. Increasing the sales period from 3-5 years to 6-8 years 3. Reviewed & refined the geographic areas that are used to adjust for local conditions
November 30, 2016 Page 10 of 25 THIRD PARTY ANALYSIS OF FARMLAND VALUES IN ONTARIO Demand outweighs supply Low interest rates Buyers moving North to find lower priced land
November 30, 2016 Page 11 of 25 ANNUAL CHANGES IN FARM VALUES 2009 2010 2011 2012 2013 2014 2015 6.2% 6.8% 6.6% 12.4% 14.3% 15.9% 30.1% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% Source: Farm Credit Canada 2015 Farmland Report
November 30, 2016 Page 12 of 25 2016 FARM VALUES EXPLAINED
November 30, 2016 Page 13 of 25 LOCAL MARKET TRENDS Farm Neighbourhood 2012 CVA Class 1 Farmland 2016 CVA Class 1 Farmland Lobo 8,325 14,625 Delaware South 7,200 11,425 Delaware North 9,950 18,150
November 30, 2016 Page 14 of 25 ABOUTMYPROPERTY.CA - BUSINESS & FARM PROPERTIES
November 30, 2016 Page 15 of 25 ABOUTMYPROPERTY.CA MARKET TRENDS
November 30, 2016 Page 16 of 25 ABOUTMYPROPERTY.CA MARKET TRENDS
November 30, 2016 Page 17 of 25 ABOUTMYPROPERTY.CA TUTORIALS
November 30, 2016 Page 18 of 25 ABOUTMYPROPERTY.CA HOW ASSESSMENT WORKS
November 30, 2016 Page 19 of 25 ABOUTMYPROPERTY.CA MY PROPERTY
November 30, 2016 Page 20 of 25 ABOUTMYPROPERTY.CA REPORTS ABOUTMYPROPERTY.CA REPORTS
November 30, 2016 Page 21 of 25 ABOUTMYPROPERTY.CA MY NEIGHBOURHOOD
November 30, 2016 Page 22 of 25 ABOUTMYPROPERTY.CA FAVOURITES & PROPERTY PROFILES
November 30, 2016 Page 23 of 25 ABOUTMYPROPERTY.CA CONTACT US
November 30, 2016 Page 24 of 25 RESOLVING ASSESSMENT CONCERNS STEP 1: Review Review and validate your Property Assessment Notice carefully to make sure the information is correct. If a factual error has been made, we will correct it. STEP 2: Compare Visit aboutmyproperty.ca to review the information MPAC has on file for your property. STEP 3: Contact us We re here to help. Contact us and one of our property assessment experts will help guide you through your Property Assessment Notice. STEP 4: Request a Reconsideration or Appeal Farms, Managed Forest and Conservation Land File a Request for Reconsideration with MPAC before the deadline shown on the Notice (120 days from the date of Notice mailing). Business File a Request for Reconsideration with MPAC before the deadline shown on the Notice or an appeal with the Assessment Review Board before March 31.
November 30, 2016 Page 25 of 25 Thank you
November 30, 2016 Page 1 of 5 Staff Report Meeting Date: November 30, 2016 Submitted by: Number: Subject: Tiffany Farrell CS016-050 Delaware Hydro Reserve Recommendation: THAT $30,000 from the Delaware Hydro Reserve be used for the new flooring project at the Delaware Community Centre in 2017. Purpose: To make recommendation to Council regarding a one time use of the Delaware Hydro Utility Proceeds that is outside the Delaware Hydro Reserve policy. Background: The Delaware Hydro reserve was last updated in September of 2001. Attached is the current policy administering the use of the Delaware Hydro Utility Proceeds Reserve Fund. Unless otherwise approved by specific Council resolution, expenditures from the Fund shall be limited to 50% of the interest earned by the Fund in the previous year. Where an expenditure is approved for a capital project that is initiated by an individual(s) or a community organization, the amount of the expenditure paid from the Fund shall be limited to 50% of the capital project and the 50% balance to be contributed by the individual(s) or the community organization. The balance of the reserve account as of November 1, 2016 is $862,387.59. In 2017 the Canada 150 celebrations will be taking place at the Delaware community Centre. The Community Centre flooring needs to be replaced. The Delaware Lions would like to assist in the costs to replace the flooring, however cannot afford to pay for 50% of the project. Staff are proposing that the municipality use leftover interest not spent in previous years on this project.
November 30, 2016 Page 2 of 5 Analysis: Please see the Delaware hydro reserve analysis below highlighting the interest earned and various expenditures since inception. Following the policy in place for this reserve, YTD Oct 2016 is as follows: Over the life of this reserve - following the 50% of total interest earned (excluding 2016). Based on the information above, only $3,564.48 would be remaining to be spent in 2016 following the current policy and an estimated $4,000 available for 2017 spending. If a resolution were to be passed by council up to $67,525.57 would be available on community projects, such as the Community Centre flooring. Over the years, expenditures rarely met the yearly spending allowance, this variance directly contributes to $67,525.57 that s available. Financial Implications: Transfer from reserves in 2017 of $30,000 No tax levy impact. Strategic Plans: Financial: Maintain financial integrity
November 30, 2016 Page 3 of 5 SUBJECT: DELAWARE HYDRO UTILITY PROCEEDS RESERVE FUND POLICY NO.: GG-4.15 RECOMMENDED: Administration SECTION: GENERAL GOVERNMENT SUBSECTION: TREASURY REVISED: APPROVED: Council DATE: DATE: September 5, 2001 PURPOSE: To provide procedures for approving expenditures, maintaining, reporting and auditing the Delaware Hydro Utility Proceeds Reserve Fund. POLICY STATEMENT: 1. Monies received from the sale of the former Delaware hydro utility shall be placed in a separate Delaware Hydro Utility Proceeds Reserve Fund (Fund), and all interest earned shall accrue to the Reserve Fund. The Reserve Fund shall be maintained, audited and reported in the same manner as all reserve funds of the Township and in accordance to Provincial regulation. 2. Unless otherwise approved by specific Council resolution or by-law and amendment made to this Policy Statement, expenditures from the Fund shall be limited to 50% of the interest earned by the Fund in the previous year. 3. In each year following the first year of this Policy Statement the expenditures from the Fund shall be planned as part of the annual Township budget. 4. Annual budgeted expenditures from the Fund shall be determined by Council from annual submissions or re-submissions made by residents and organizations from the Village of Delaware. Council may establish a citizens advisory group to assist Council in the prioritizing of projects to be funded. 4.1 Where an expenditure is approved for a capital project that is initiated by an individual(s) or a community organization, the amount of the expenditure paid from the Fund shall be limited to 50% of the capital project and the 50% balance to be contributed by the individual(s) or the community organization. 5. Funds budgeted for expenditure but not actually expensed in the year may by Council resolution be carried forward and added to the subsequent year s budget.
November 30, 2016 Page 4 of 5 GG-4.15 Page 2 6. Expenditures from the Fund may include, but not limited to: 6.1 Capital projects to improve the general appearance of Delaware Village; 6.2 Capital projects that improve access to Delaware community facilities and programs by children, seniors and handicapped persons; 6.3 Capital projects that improve or add to the municipal infrastructure in Delaware Village. 7. Expenditures from the Fund should not include: 7.1 Projects that in other areas of the Township are being provided through the general rate; 7.2 Projects that in other areas of the Township are being paid as a user rate. 8. The Treasurer shall prepare and maintain a Five-Year Expenditure Forecast and Fund Continuity Schedule to assist in the approval of the annual expenditure budget. 9. Notwithstanding Clause 2 above, Council may consider and plan for an expenditure from the Fund to partially fund a local improvement or similar municipal capital project in Delaware Village, and such funding would therefore reduce the cost assessed to property owners for the project. EXPENDITURE PROCESS AND PROCEDURE 1. This Policy Statement shall be provided to the following Delaware community organizations: 1.1 Lions Club 1.2 Lioness Club 1.3 Royal Canadian Legion 1.4 Knights of Columbus 1.5 Cubs and Scouts Group Committee 1.6 Girl Guides Group Committee 1.7 Minor Sports Association 1.8 Other community groups who make a request 2. Council may establish a Citizens Advisory Group of at least five persons who will be a voluntary group to review on at least an annual basis the submissions requesting funding from the Fund and make a priority recommendation to Council. 3. The appointment to the Citizens Advisory Group will be from the nominations from the public, including from the community organizations. The appointment shall be for the period of the current Council term. 4. The Community Advisory Group shall act as a common body and not towards the interest of a specific person or community organization. 5. Where Council has established the Citizens Advisory Group, the Township Treasurer shall, in sufficient time prior to the due date for the annual budget submissions, provide the Group with a current Five-Year Expenditure Forecast and Fund Continuity Schedule and forward a copy of all submission for funding to the Group for the Group s priority recommendation.
November 30, 2016 Page 5 of 5 GG-4.15 Page 3 6. Requests for funding of projects that are submitted after the Group s annual review and recommendation will be forwarded to Council, and Council may refer the submission to the Citizens Advisory Group for recommendation or Council may consider the request without recommendation. 7. Where approved projects are independent of Township involvement the organizer of the project shall submit a requisition for payment. The form of requisition will be dependent on the type of project and Council s approval conditions, and may require written proof of work done and the organizer proving any other information or documentation as may be requested by the Township i.e. executed contract, insurance certificate, etc. Payment for the work or project will be in accordance to the Township s normal accounts processing. SAMPLE FIVE-YEAR EXPENDITURE FORECAST AND FUND CONTINUITY DETAILS 2000 2001 2002 2003 2004 2005 Fund beginning balance $ $ 45,000 $ 644,000 $673,500 $693,000 $ 712,500 Additional proceeds Interest earned Fund subtotal $ 64,000 $ 1,000 $ 65,000 $ 576,000 $ 35,000 $ 656,000 $ 35,000 $679,000 $37,000 $ 710,500 $ 38,000 $731,000 $ 39,000 $ 751,500 Expenditure approvals: Sale legal cost Christmas Fixtures {for sample purposes} Expenditure subtotal (maximum 50% of previous year s interest) $ 20,000 $ 20,000 $ 12,000 $ 12,000 $ 5,500 $ 5,500 $ 17,500 $17,500 $ 18,500 $ 18,500 $ 19,000 $ 19,000 Fund ending balance $ 45,000 $ 644,000 $ 673,500 $ 693,000 $ 712,500 $ 732.500
November 30, 2016 Page 1 of 4 Staff Report Report No.: PWE 046-16 Meeting Date: November 30, 2016 Submitted by: Subject: Brian Lima Director, Public Works & Engineering Fronting Fees for Municipal Water & Wastewater Systems Recommendation: THAT the review of the Fronting Fees for the Water/Wastewater Systems be received. Purpose: To inform Council of the current practice of charging Fronting Fees to properties with a residence that are not connected to the Municipal Water/Wastewater Systems and to review the fairness of such fees. Background: On November 2, 2016 the Municipality of Middlesex Centre Council passed the following resolution: THAT during the 2017 budget review of water and wastewater rates, Council consider the fairness of charging a fronting fee for water and wastewater for those properties not connected to the system. Analysis: The Municipality of Middlesex Centre bylaw #2012-064 states the owner of a building located on land fronting a water main or on land abutting a street or alley through which access to a water main is available, shall connect the building to the waterworks of the Municipality unless permitted otherwise within the bylaw. Further, a Notice shall be sent by registered mail to the owner of each building not connected to the water works of the Municipality which is required to be so connected at the owners last known address which notice shall advise the owner that this by-law requires such connection and that if the owner fails to make the connection as required within nine months after the sending of the notice, the Municipality has the right to make it at the owner s expense and to recover the expenses by action or in like manner as municipal taxes. 1
November 30, 2016 Page 2 of 4 Staff Report In addition to this requirement upon completion of the connection, the owner shall: 1) Use the municipal water provided for all domestic and potable uses within the said building. 2) The previous water supply source shall be disconnected from the building s water distribution system and shall cease to be used for domestic and potable purposes. 3) The owner or their agent shall also apply to the Municipality for a water service and before the service is installed, shall pay the applicable charges as detailed in the Municipality s Fees and Charges By-law. 4) Installation of the water service will not be scheduled or commenced in any way until the application and payments have been made. It is important to note that in the aforementioned bylaw there is the possibility of being exempted from the connection requirement providing that the building is existing as of the date of said bylaw (approved by Council on August 15, 2012) and the owner of the building pays to the Municipality the flat frontage charge as shown in the Municipality s Fees and Charges By-law. The following water service rates for 2016 are imposed upon owners of each developed lot that is fronting but not connected to the water system: Water Service Rate per Lot in each 2 month Billing Period Total Fixed Bi-Monthly Water Charge $83.40 Water Infrastructure Lifecycle Reserve Fund Charge $36.00 The following wastewater service rates for 2016 are imposed upon owners of each developed residential lot that is fronting but not connected to the wastewater system: Wastewater Service Rate per Lot in each 2 month Billing Period Total Fixed Bi-Monthly Water Charge $191.62 Wastewater Infrastructure Lifecycle Reserve Fund Charge $34.64 2
November 30, 2016 Page 3 of 4 Staff Report The requirements to connect or the payment of fronting fees are not new to the Municipality. For historical reference, the Corporation of Lobo had the same requirements under Bylaw #94-28 for watermains, and the Township of London through Bylaw #6159 had the same requirements for wastewater. The following table summarizes the quantity of existing properties within each respective settlement community that currently pays the water and wastewater flat fees: Settlement Area # Water Flat Fee # Wastewater Flat Fee Arva 1 1 Ballymote 4 0 Delaware 3 0 Denfield 2 0 Ilderton 3 3 Kilworth 9 0 Komoka 13 12 Total 35 16 Further, the following tables summarize the annual water and wastewater revenues realized by such existing properties: Water Wastewater Number of Connections 35 Number of Connections 16 Fronting Fee Bi Monthly $ 83.40 Fronting Fee Bi Monthly $ 191.62 Water ILRF Charge $ 36.00 Water ILRF Charge $ 34.64 Annual Revenue $25,074 Annual Revenue $ 21,721 Despite the existence of such unconnected properties fronting Municipality water and/or wastewater systems, there still exists fixed operation, maintenance and repair costs associated with the provision of water and wastewater services to the Municipality s settlement communities; whether properties are connected or not. Despite the existence of some properties having electing not to utilize the Municipality s water and wastewater services, they do benefit from having the services available fronting the property. It is also equitable to all other Municipal customers who pay for water and wastewater service provision(s), in that they are not required to carry the financial burden for the benefits of such unconnected properties. 3
November 30, 2016 Page 4 of 4 Staff Report Upon the aforementioned review detailed above and consistent in practice by several neighbouring municipalities, departmental administrative staff continue to endorse and support the subject water and wastewater fees pursuant to the Municipality of Middlesex Centre bylaw #2012-064, for the benefits to which the properties ultimately have. Financial Implications: The subject water and wastewater fronting fees contribute to the revenue for the Municipality s respective water and wastewater systems. Strategic Plan: Middlesex Centre`s 2012-2017 Strategic Plan, identified three applicable specific strategic themes as Increasing Customer Satisfaction, Streamline Key Processes, and Environmental Sustainability. 4
November 30, 2016 Page 1 of 2 Staff Report Report No.: PWE 047-16 Meeting Date: November 30, 2016 Submitted by: Subject: Brian Lima, P.Eng. Director, Public Works & Engineering McClary-Roberts Municipal Drain Construction Tender Award Recommendation: THAT the construction of the McClary-Roberts Municipal Drain be awarded to the lowest tender bid submission received from VanBree Drainage and Bulldozing Ltd. in the amount of $182,206.85 (including HST). Purpose: To obtain Council approval of the tender award with regards to proceeding with drainage works under the Ontario Drainage Act as required by Middlesex Centre Policy effective June 22, 2016. Background: A written request and a petition was submitted to Middlesex Centre in 2015 to request a new municipal drain. Report number PWE 004-15 was approved by Council on February 18, 2015 to proceed with the requested new drainage works. By-law #2016-090 was passed, enacting the Engineer s Report for the drain design and cost estimate. The project proceeded to the tendering stage and tender documents were sent to four area companies with three bids being submitted. Analysis: The following tender results were received and listed as follows: Contractor Bid Price (Including HST) VanBree Drainage & Bulldozing Ltd. $182,206.85 A.G. Hayter Contracting Ltd. $191,727.10 Robinson Farm Drainage Ltd. $200,603.25 Financial Implications: The Municipality s Drainage Engineer appointed by Council, Spriet Associates, has reviewed each tender bid for compliance with the respective tender requirements, and the lowest tender 1
November 30, 2016 Page 2 of 2 Staff Report bid submission received from VanBree Drainage & Bulldozing Ltd. has been recommended to be awarded. The cost estimate provided by Spriet Associates was $194,201.80 (Including HST). Strategic Plan: N/A 2
November 30, 2016 Page 1 of 3 Staff Report Meeting Date: November 30, 2016 Submitted by: Michelle Smibert, Chief Administrative Officer Number: 2016-017 Subject: Archives Request to Amend Agreement Recommendation: THAT staff be authorized to make changes to the current agreement to allow the Archives to utilize the dance hall room in the Delaware Community Centre on Wednesdays from 9 am to 1 pm when not in use or rented out to another party. Purpose: Staff received the attached request to utilize the dance hall room in the Delaware Community Centre on Wednesdays from 9 am to 1 pm when not booked by another group. Staff would like authorization from Council to proceed to make changes to the agreement to accommodate this request. Background: There is a current agreement in place with the Archives for the use of an area at the Delaware Community Centre. Due to the success of the Archives program, they are finding that they require additional room when volunteers are working to sort and catalogue documents. Use of this additional room will help to free up space in the Archives area to meet with visitors who are requesting information and/or dropping off new archival material. Analysis: The Chair, Bev Hughes met with staff regarding this request and have no concerns using this space when not booked by another group. If council authorizes staff to amend the agreement then the revised agreement would be placed on a future council agenda.
November 30, 2016 Page 2 of 3 Financial Implications: N/A Strategic Plans: Optimizing Partnerships
November 30, 2016 Page 3 of 3
November 30, 2016 Page 1 of 12 MUNICIPALITY OF MIDDLESEX CENTRE BY-LAW NUMBER 2016-124 BEING A BY-LAW APPROVING AND RATIFYING A SITE PLAN AGREEMENT BETWEEN ROB CLARKE AUTOMOTIVE AND CONSULTING LTD. AS THE OWNER AND THE MUNICIPALITY OF MIDDLESEX CENTRE AS THE MUNICIPALITY FOR LAND LEGALLY DESCRIBED AS BLOCK 4, REGISTERED PLAN 33M-324 (GEOGRAPHIC TOWNSHIP OF LOBO) MUNICIPALITY OF MIDDLESEX CENTRE 10 SPRINGFIELD WAY ROLL NUMBER 393900002050000 WHEREAS the Owner owns the Land more particularly described in Schedule A to the Site Plan Agreement, dated November 30, 2016 attached hereto; WHEREAS the Owner wishes to develop the Land, legally described as Block 4, Registered Plan 33M-324 (geographic Township of Lobo), Municipality of Middlesex Centre; AND WHEREAS the Municipality is prepared to approve the Site Plan in the form attached to the Site Plan Agreement as Schedule B, upon the condition that the Owner enters into the Agreement; THEREFORE the Council of the Municipality of Middlesex Centre enacts as follows: 1. That the Site Plan Agreement, dated November 30, 2016 attached hereto be and the same is hereby approved and ratified. 2. That the Mayor and Clerk are hereby authorized to execute the attached Site Plan Agreement on behalf of the Municipality of Middlesex Centre. READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED this 30 th day of November, 2016. Mayor Clerk
November 30, 2016 Page 2 of 12 THIS SITE PLAN AGREEMENT made this 30th day of November, 2016, B E T W E E N: MUNICIPALITY OF MIDDLESEX CENTRE (hereinafter referred to as the "Municipality") OF THE FIRST PART - and - ROB CLARKE AUTOMOTIVE AND CONSULTING LTD. of the Municipality of Middlesex Centre (hereinafter collectively referred to as the "Owner") WHEREAS: (a) (b) (c) (d) OF THE SECOND PART The Owner is the owner of the land described in Schedule A (hereinafter referred to as the "Land"); The Owner wishes to further develop the Land with the construction of an addition to an existing repair garage, legally described Block 4, Registered Plan 33M-324 (geographic Township of Lobo), Municipality of Middlesex Centre, and has submitted for approval a Site Plan in order to facilitate the development of the Land; The Municipality is prepared to approve the Site Plan in the form attached to this Agreement as Schedule B upon the condition that the Owner enters into this Agreement; Provided the Owner and the Municipality have entered into this Agreement, the Municipality may at that time issue a building permit subject to approval of building plans and subject to the Site Plan being in full compliance with the Zoning By-law NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants herein contained and in consideration of the approval by the Municipality of the Site Plan in accordance with the provisions of the Planning Act, the parties hereto agree as follows: EXISTING SITE PLAN CONTROL AGREEMENT 1. A Site Plan Agreement (hereinafter referred to as the Former Agreement ) between the Owner and the Municipality was executed on February 4, 2009, and was subsequently registered against the title of the Land. The Owner and the Municipality agree that following execution of this Agreement, the Owner is released from any and all requirements and responsibilities under the Former Agreement. It is recognized by the parties that the appropriate clauses from the Former Agreement have been carried forward to this Agreement.
November 30, 2016 Page 3 of 12 Site Plan Agreement between 2 Municipality of Middlesex Centre and Rob Clarke Automotive and Consulting Ltd. DEVELOPMENT 2. The Owner shall undertake and complete the development of the Land in accordance with the Site Plan; and the Land shall be used by the Owner and by any subsequent Owner or occupier of the Land in accordance with and in conformity with the Site Plan. DEVELOPMENT CONTROL 3. As a condition of the approval by the Municipality of the Site Plan, the provision, maintenance and use of the following facilities and matters are required and regulated as follows: Parking Areas 3.1 The Owner agrees that the parking areas on the Land shall be constructed of asphalt, or any other suitable hard surface to the satisfaction of the Municipality, and maintained as shown on the Site Plan. Storm Drainage and Grading 3.2 The final grading of the Land shall be established as shown on the Site Plan and detailed in the November 3, 2016 report by Eng Plus Ltd. titled Technical Addendum to Stormwater Management Plan. The Owner shall ensure that there is no interruption to any drainage flow because of construction on the site, which would have an adverse effect on neighbouring properties or roadways. Should such an interruption occur, the Owner shall carry out any necessary remedial work to correct the problem as recommended by its consulting engineer and to the satisfaction of the Municipal Director of Public Works and Engineering and the County of Middlesex, at no cost to the Municipality, the County of Middlesex, or neighbouring property owners. Access 3.3 The Owner shall restrict the means of vehicular access to the locations shown on the Site Plan. Prior to any work being undertaken within the Springfield Way road allowance, the Owner will obtain a work permit from the Municipality. The undertaking of such work shall be to the satisfaction of the Municipal Director of Public Works and Engineering. Fire Route Signage 3.4 The Owner agrees to provide fire route signage on the Land as shown on the Site Plan. Backflow Prevention Device 3.5 The Owner agrees to install a backflow prevention device for the water service to the Land. The Owner further agrees to annual testing of the backflow prevention device in accordance with the Municipality s requirements. Location of Building 3.6 The Owner agrees to construct the building in the locations generally shown on the Site Plan and in compliance with the regulations of the Zoning By-law.
November 30, 2016 Page 4 of 12 Site Plan Agreement between 3 Municipality of Middlesex Centre and Rob Clarke Automotive and Consulting Ltd. Landscaping 3.7 The Owner agrees to provide landscaping and grass cover on all areas of the Land not covered by the building, parking areas or driveways as shown on the Site Plan. Planting Strip 3.8 The Owner shall provide a planting strip along the south side of the Land in accordance with the Site Plan. The planting strip shall have an initial minimum height of 1.8 metres that is to be maintained in accordance with the Zoning By-law. Exterior Lighting 3.9 The Owner agrees that all lighting of the said Land shall be oriented and its intensity so controlled as to prevent glare on adjacent roadways and properties. Garbage and Waste Storage 3.10 The Owner agrees that garbage and recycling container areas shall be screened such that the area is not visible from any adjacent road. Maintenance 3.11 The Owner shall at all times maintain or cause to be maintained all of the Land in as neat and tidy a condition as is reasonably consistent with the development of the Land pursuant to the Building Permit, and as otherwise required by this Agreement and the Site Plan, including weed removal and grass cutting prior to and during the development, and after completion of the development. Additional Approvals 3.12 The Owner shall obtain additional approvals from other government agencies or ministries as may be required prior to the issuance of a Building Permit. Timing for Completion of Site Development 3.13 The Owner agrees to comply with all requirements of the Site Plan and this Agreement, within one (1) year of the date of commencement of construction as determined by the Chief Building Official. Signs 3.14 The Owner agrees that all signs, including locations and graphics contained in the proposed development shall be approved by the Chief Building Official and the County of Middlesex prior to the installation of such signs, in order to ensure compatibility with surrounding properties and to ensure no sight line obstructions. No portable signs will be permitted. Security 3.15 To ensure due performance of the requirements of this Agreement with respect to the development of the Land in accordance with the Site Plan, including but not limited to the provision of an oil/grit separator, fire route signage and landscaping, the Owner shall deposit with the Municipality a performance bond or letter of credit, satisfactory to the Municipality, for the principal sum of TEN THOUSAND ($10,000. 00 ) DOLLARS which security bond or letter of credit shall be refundable upon due performance.
November 30, 2016 Page 5 of 12 Site Plan Agreement between 4 Municipality of Middlesex Centre and Rob Clarke Automotive and Consulting Ltd. The said security bond or letter credit shall be for the purpose of securing performance of all of the obligations of the Owner under this Agreement including, without limiting the generality of the foregoing, payment of money payable by the Owner to the Municipality in accordance with paragraph 3.16 of this Agreement. Municipal Costs 3.16 The Owner agrees to deposit with the Municipality, and the Municipality acknowledges having received in cash or equivalent security, the sum of ONE THOUSAND ($1,000. 00 ) DOLLARS at the time of the execution and registration of the Site Plan Agreement for its actual costs incurred for land use planning, engineering, surveying and legal fees and disbursements and for the cost of administration, supervision and all other work required by the Municipality in connection with this Agreement, including the negotiations leading to and the preparation of this Agreement and costs arising out of the realization upon any security given hereunder. If this amount is insufficient, the Owner shall reimburse the Municipality for such actual costs from time to time as and when required. These costs may include: 3.16.1 The Municipality shall be entitled to be reimbursed for its actual costs for engineering, administration and legal fees and disbursements and for the cost of administration, supervision and all other work required by the Municipality, including the negotiations leading to and the preparation of site plan agreements and costs arising out of the realization upon any security given thereunder. 3.16.2 The Municipality shall be entitled to be paid for time spent by its planning, engineering and administrative staff in the administration and supervision of the development of the Land, including negotiation and preparation of site plan agreements, the completion of all work required by site plan agreements and the realization upon any security given thereunder. 3.16.3 The hourly rates to be charged by the Municipality for its staff shall be established by resolution of the Municipal Council from time to time. 3.16.4 The Municipality may issue invoices to the Owner, from time to time, for its expenses and for the time of it staff and, when doing so may deduct the amount of the invoice from deposit money held by the Municipality in connection with the development of the Land. 3.16.5 If the deposit money held by the Municipality in connection with the development of the Land is insufficient to pay the invoice, the Owner shall pay the same forthwith. 3.16.6 If the deposit money held by the Municipality in connection with the development of the Land exceeds the amount of all invoices issued by the Municipality to the Owner in connection therewith, the Municipality shall refund to the Owner such excess upon final acceptance by the Municipality of all of the work required by the site plan agreement. Future Site Plans 3.17 The Owner agrees to enter into such further site plan agreements as may be deemed necessary, prior to the issue of building permits for construction on the Land.
November 30, 2016 Page 6 of 12 Site Plan Agreement between 5 Municipality of Middlesex Centre and Rob Clarke Automotive and Consulting Ltd. BUILDING PERMIT REMEDY 4. In addition to any other remedy which the Municipality may have against the Owner for breach of this Agreement in the event of a default by the Owners under this Agreement, the Municipality may withdraw or revoke any other building permit granted to any other person in respect of the Land and may refuse to issue further building permits in respect of the Land until the default has been rectified. REGISTRATION OF AGREEMENT 5. The Owner consents to the registration of this Agreement against the title to the Land in the appropriate Land Titles or Registry Office to the intent and purpose that this Agreement and all of the Owner's covenants herein shall run with the Land. OWNER'S TITLE 6. The Owner represents and warrants to the Municipality that the Owner is the Owner in fee simple of the Land. RIGHT TO CONTEST MUNICIPALITY S COSTS 7. The Owner shall have the right to contest the reasonableness of the amount of any of the Municipality's expenses in respect of which the Owner is required to reimburse the Municipality pursuant to this Agreement, provided that such right must be exercised by written notice to the Municipality within 30 days after the Owner has been advised of the amount of such expenses. Such notice to the Municipality shall be accompanied by sufficient funds to pay the amount being contested or security therefore. The amount of such expenses shall be determined by a Court of competent jurisdiction and the Owner shall indemnify the Municipality, on a Solicitor and Client basis, for all costs or expenses incurred by the Municipality in connection with such determination. MUNICIPALITY S DISCRETION 8. Where in this Agreement the Municipality is given a discretion, or the right to make a decision, in matters relating to the administration of this Agreement the Municipality shall act by its Clerk or such other officer as the Clerk or Council of the Municipality may designate for such purpose. Before exercising its discretion or making its decision, the Municipality may seek the advice of a Solicitor, an Engineer, a Planner or other consultant as may be relevant to the matter in respect of which the discretion is to be exercised or the decision to be made. EXPENSE OF OWNER 9. Every provision of this Agreement by which the Owner is obliged in any way shall be deemed to include the words "at the expense of the Owner" unless the context specifically otherwise requires. INTEREST AND LIEN 10. In the event that there are monies due from the Owner to the Municipality which have not been paid within 15 days after demand thereof by the Municipality, interest shall be payable on the amount due at the rate of 12% per annum calculated from the date of demand; and the amount due together with interest thereon shall constitute a lien upon the Land.
November 30, 2016 Page 7 of 12 Site Plan Agreement between 6 Municipality of Middlesex Centre and Rob Clarke Automotive and Consulting Ltd. ESTOPPEL 11. The Owner shall not call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant and condition herein contained and this Agreement shall be pleaded as an estoppel against the Owner in such proceedings. TIME 12. Time shall be of the essence hereof in all respects; and the right of the Municipality to require strict performance by the Owner of any and all obligations imposed upon it hereunder shall not be affected in any way by any previous waiver, forbearance or course of dealing. NOTICE 13. Any notice or any other communication required or permitted to be given under this Agreement shall be in writing and, unless some other method of giving the same is accepted by the person to whom it is given, shall be given by registered mail or by being delivered to the person to whom it is to be given at the appropriate address set out below, or such other address as may be furnished by such person, and shall be deemed effective, as the case may be, at the time of delivery thereof or four business days after the date of mailing thereof unless postal employees at the point of mailing or at the point of delivery are on strike at any time during the four business days following the time of mailing in which event it shall be effective when delivered to the addressee. SEVERABILITY 14. If any provision of this Agreement shall be found or declared by a Court of competent jurisdiction to be invalid, unenforceable or ultra vires the Municipality then such provision shall conclusively be deemed to be severable and the remainder of this Agreement mutatis mutandis, shall be and remain in full force and effect. NUMBER AND GENDER 15. In this Agreement, unless the contrary intention appears, words importing only singular number or masculine gender shall include more persons, parties or things of the same kind than one and the feminine and neuter gender; and if there be more than one Owner, including any subsequent Owner of the Land, the covenants of such Owner shall be joint and several. TITLES 16. It is understood and agreed by the parties hereto that the titles inserted at the head of paragraphs and clauses in this Agreement are intended for ease of reference and do not alter or have any bearing upon the interpretation of the paragraph or clause which they entitle.
November 30, 2016 Page 8 of 12 Site Plan Agreement between 7 Municipality of Middlesex Centre and Rob Clarke Automotive and Consulting Ltd. BINDING 17. The covenants, agreements, conditions and undertakings herein contained on the part of the Owner shall run with the Land and shall be binding upon the Owner and upon the Owner's heirs, executors, administrators, successors and assigns, as Owner and occupiers of the Land from time to time and shall be appurtenant to the adjoining highways in the Ownership of the appropriate authority; and this Agreement shall endure to the benefit of and be binding upon the appropriate authority and its successors and assigns. SERVICE 18. In the case of notice to the Owner under Section 13 the service shall be as follows: Rob Clarke Automotive and Consulting Ltd. 10 Springfield Way R.R. #5 Komoka, Ontario N0L 1R0 and in the case of the Municipality shall be as follows: Municipality of Middlesex Centre 10227 Ilderton Road R.R. #2 Ilderton, Ontario N0M 2A0
November 30, 2016 Page 9 of 12 Site Plan Agreement between 8 Municipality of Middlesex Centre and Rob Clarke Automotive and Consulting Ltd. IN WITNESS WHEREOF the parties have hereto affixed their respective corporate seals attested by the hands of their respective proper officers duly authorized in that behalf and the individual parties have hereunto set their hands with witness present. SIGNED, SEALED AND DELIVERED for Rob Clarke Automotive and Consulting Ltd. (I have the authority to bind the Corporation) Approved and Authorized by By-law No. 2016-124 enacted the 30th day of November, 2016 Mayor Clerk
November 30, 2016 Page 10 of 12 Site Plan Agreement between 9 Municipality of Middlesex Centre and Rob Clarke Automotive and Consulting Ltd. SCHEDULE A TO SITE PLAN AGREEMENT BETWEEN: MUNICIPALITY OF MIDDLESEX CENTRE OF THE FIRST PART - and ROB CLARKE AUTOMOTIVE AND CONSULTING LTD. The Land OF THE SECOND PART ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Municipality of Middlesex Centre, (formerly in the Township of Lobo), in the County of Middlesex and being composed of: Block 4, Registered Plan 33M-324 (geographic Township of Lobo) Municipality of Middlesex Centre being P.I.N. 08502-0467 (LT)
November 30, 2016 Page 11 of 12 Site Plan Agreement between 10 Municipality of Middlesex Centre and Rob Clarke Automotive and Consulting Ltd. SCHEDULE B TO SITE PLAN AGREEMENT BETWEEN: MUNICIPALITY OF MIDDLESEX CENTRE OF THE FIRST PART - and ROB CLARKE AUTOMOTIVE AND CONSULTING LTD. OF THE SECOND PART
November 30, 2016 Page 12 of 12 Site Plan Agreement between 11 Municipality of Middlesex Centre and Rob Clarke Automotive and Consulting Ltd. Site Plan prepared by Eng Plus Ltd. (November 3, 2016)
November 30, 2016 Page 1 of 39 MUNICIPALITY OF MIDDLESEX CENTRE BY-LAW NUMBER 2016-125 BEING A BY-LAW APPROVING AND RATIFYING A SEVERANCE AGREEMENT BETWEEN ROBERT JULIEN PATTYN AND JEANINE ALICE PATTYN AND THE MUNICIPALITY OF MIDDLESEX CENTRE FOR LAND LEGALLY DESCRIBED AS PART OF LOT 8, CONCESSION 11 DESIGNATED AS PARTS 2-11 ON REFERENCE PLAN 33R-18714 (GEOGRAPHIC TOWNSHIP OF LONDON) WHEREAS Robert Julien Pattyn and Jeanine Alice Pattyn own the Land more particularly described in Schedule A to the Severance Agreement, dated November 14, 2016 attached hereto; WHEREAS Robert Julien Pattyn and Jeanine Alice Pattyn wish to develop the Land, legally described as Part of Lot 8, Concession 11 designated as Parts 2-11 on Reference Plan 33R-18714 (geographic Township of London), Municipality of Middlesex Centre; THEREFORE the Council of the Municipality of Middlesex Centre enacts as follows: 1. That the Severance Agreement, dated November 14, 2016 attached hereto be and the same is hereby approved and ratified. 2. That the Mayor and Clerk are hereby authorized to execute the attached Severance Agreement on behalf of the Municipality of Middlesex Centre. READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED this 30 th day of November, 2016. Mayor Clerk
November 30, 2016 Page 2 of 39 THIS SEVERANCE AGREEMENT made this day of November, 2016. B E T W E E N: ROBERT JULIEN PATTYN and JEANINE ALICE PATTYN of the Municipality of Middlesex Centre in the County of Middlesex (hereinafter referred to as the Subdividers ) - and - MUNICIPALITY OF MIDDLESEX CENTRE (hereinafter referred to as the Municipality ) OF THE FIRST PART OF THE SECOND PART TABLE OF CONTENTS (Not part of the Agreement) Page Subdividers Title...3 Registration of Agreement...3 Others With Title Interests...3 Postponement by Encumbrancers...3 Parkland Dedications / Cash-in-lieu...4 Dedications to the County...4 Conveyances...4 Legal Opinions Required...4 Legal Opinion Required for County...5 Development of Land...5 Development Control...6 Maintenance of Lots...8 Additional Approval By Conservation Authority...8 November 2016
November 30, 2016 Page 3 of 39 ii Owner of each lot to Obtain Permits and to Pay Associated Fees...9 Homeowner Information Package...9 Municipal Drainage...10 Maintenance of Drains...10 Installation of Utilities...10 Development Charges...10 Letter of credit...11 Security for All Subdivider s Obligations...11 Insurance...12 Construction Lien...13 Right of Inspection...13 Municipal Engineer Orders...13 Remedies...14 Court Action...14 Building Permit Remedy...14 Realizing Security...15 Call on Letter of Credit...15 Replacement of Letter of Credit...15 Lot Grades...15 Building Permits...16 Cost of Works...16 Covenant of Purchasers...16 Outstanding Invoice Payments...16 Property Taxes and Related Assessments...16 November 2016
November 30, 2016 Page 4 of 39 iii Municipal Costs...17 Right to Contest Municipality's Costs...18 Conflict of Requirements...18 Expense of Owner...18 Interest and Liens...18 Estoppel...18 By-Laws Binding...19 Time of Essence...19 Giving of Notice...19 Assignment...19 Severability...20 Number and Gender...20 Interpretation...20 Binding...20 Photo Reduced Schedule Attachments...20 November 2016
November 30, 2016 Page 5 of 39 1 THIS SEVERANCE AGREEMENT made this day of November, 2016. B E T W E E N: ROBERT JULIEN PATTYN and JEANINE ALICE PATTYN of the Municipality of Middlesex Centre in the County of Middlesex (hereinafter referred to as the Subdividers ) - and OF THE FIRST PART WHEREAS: MUNICIPALITY OF MIDDLESEX CENTRE (hereinafter referred to as the Municipality ) OF THE SECOND PART (a) (b) The Subdividers are the owners of the land described in Schedule A, (hereinafter referred to as the Land ); The Subdividers wish to create by severance, meaning a Planning Act consent, five residential building lots with frontage along the east side of Highbury Avenue North (County Road 23) which five lots have been identified as (i) Parts 2 and 7, (ii) Parts 3 and 8, (iii) Parts 4 and 9, (iv) Parts 5 and 10, and (v) Part 6 on reference plan of survey deposited in the registry office for the registry division of Middlesex (No. 33) as Plan 33R-18714 (each of such five lots shall hereinafter be referred to as a Lot and collectively as the Lots ); (c) The Subdividers made application to the land division authority for the Municipality of Middlesex Centre for Planning Act consents to create five November 2016
November 30, 2016 Page 6 of 39 2 residential building lots with frontage along the east side of Highbury Avenue North (County Road 23) which applications were assigned Application Nos B-11/14, B-12/14, B-13/14, B-14/14 and B15/14. (d) (e) (f) The granting of such Planning Act consents was appealed to the Ontario Municipal Board which assigned file numbers PL140733, PL140734, PL140735, PL140736, and PL140737 to the appeals of each of the above recited consent applications, respectively; All of these appeals where heard by the Ontario Municipal Board under Board Case Number PL140733; The Board allowed the appeals of amended applications in part such as to permit the creation of the five Lots on conditions which included the following: That the applicants enter into a Severance Agreement with the Municipality, and that the Severance Agreement be registered on title to all five (5) of the severed lots, and that the Severance Agreement addresses, among other matters, financial, legal, planning and engineering matters, including but not limited to payment of the Municipality`s engineering, legal and planning review costs, entrance locations and construction, works within the road allowance, lot grading and drainage to a municipal drain as set out in the Pattyn C Extension 2013 report prepared by Spriet Associates and dated November 8, 2013, building envelopes, septic systems and 100% related contingency areas and potable wells, all to the satisfaction of the Municipality. That the applicants provide a road widening dedication to the County of Middlesex of up to 18 metres from the centerline of County Road 23 along the entire frontage of all of the severed lots. That the Applicants shall provide a 0.3 metre reserve to the County of Middlesex across the entire frontage of all of the severed lots, save and except for the areas that are proposed to accommodate road entrances. A reference plan November 2016
November 30, 2016 Page 7 of 39 3 shall be registered, if required, to permit the conveyance of the 0.3 metre reserve to the County of Middlesex. (g) The Municipality is prepared to enter into this Severance Agreement with respect to the creation of the Lots on the basis of the terms and conditions of this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Subdividers hereby covenant and agree with the Municipality as follows: SUBDIVIDERS TITLE 1. The Subdividers represent and warrant to the Municipality that, at the date of this Agreement and at the date of the registration of this Agreement upon title, the Subdividers will be the owners in fee simple of the Land free of all liens and encumbrances, save and except for those items described on Schedule C attached hereto. REGISTRATION OF AGREEMENT 2. The Subdividers consent to and will register this Agreement against the title to the Land in the appropriate Land Titles Office to the intent and purpose that this Agreement and all of the Subdividers covenants herein shall run with the Land. As soon as practicable after the execution of this Agreement, the Subdividers shall cause it to be registered in the Land Titles Office for the Land Titles Division of Middlesex (No. 33). OTHERS WITH TITLE INTERESTS 3. The Subdividers represent and warrant to the Municipality that, at the date of this Agreement and at the time of the registration of this Agreement upon the title to the Land, all persons having any interest in the Land as owner, mortgagee, tenant, easement holder or other encumbrancer are as described in Schedule C attached to this Agreement. Schedule C attached to this Agreement is divided into two Parts. Part 1 of Schedule C shall list those existing registered interests in the Land for which the Municipality shall not require postponements in interest to this Agreement, such as existing municipal agreements. Part 2 of Schedule C shall list those existing registered interests in the Land for which the Municipality shall require postponements in interest to this Agreement be registered. POSTPONEMENT BY ENCUMBRANCERS 4. The Subdividers represent and warrant to the Municipality that at the date of this Agreement and at the time of the registration of this Agreement upon the title to November 2016
November 30, 2016 Page 8 of 39 4 the Land, that all persons having any interest in the Land as owner, mortgagee, tenant, easement holder or other encumbrancer described in Part 2 of Schedule C attached to this Agreement have executed authorizations postponing their respective interests in the Land and that the Subdividers Solicitor is authorized to register such Notice(s) of Postponement on title to the Land immediately following registration of this Agreement on title. PARKLAND DEDICATIONS / CASH-IN-LIEU 5. The Subdividers shall, at their expense, and immediately after the execution of this Agreement, provide parkland dedication to the Municipality or alternatively One Thousand Dollars ($1,000) cash-in-lieu of parkland dedication to be paid to the Municipality for each of the severed lots; and 5.1 the Subdividers hereby remise, release and forever discharge the Municipality from any and all claims for compensation for or the return of such real property for any reason. DEDICATIONS TO THE COUNTY 6. The Subdividers shall, at their expense, and immediately after the execution of this Agreement, convey to County of Middlesex in fee simple Part 11 on Reference Plan 33R-18714 and Parts 1, 3, 5 and 7 on Reference Plan 33R-19464, free and clear of all liens and encumbrances; and the Subdividers hereby remise, release and forever discharge the County from any and all claims for compensation for or the return of such real property for any reason. CONVEYANCES 7. The conveyance of any real property to the Municipality and conveyance of real property to the County of Middlesex shall be made to the Municipality or County, as appropriate, forthwith after registration of this Agreement, free and clear of all liens and encumbrances. LEGAL OPINIONS REQUIRED 8. The Subdividers shall cause to be delivered to the Municipality an opinion by a solicitor authorized to practice in Ontario, substantially in the form of Schedule D attached hereto that: 8.1 At the date of signing of this Agreement and at the date of the registration of this Agreement upon title, the Subdividers are the owners in fee simple of the Land free of all liens and encumbrances, save and except for any interest in the Land of an owner, mortgagee, tenant, easement holder or other encumbrancer as described in Parts 1 and 2 of Schedule C attached to this Agreement; 8.2 This Agreement has been registered against the Land in a first priority position, save and except for any interest in the Land described in Part 1 of Schedule C November 2016
November 30, 2016 Page 9 of 39 5 attached to this Agreement, and that Notice of Postponement of Interest for each of those interests described in Part 2 of Schedule C have been registered postponing such interest to provide priority in favour of the Municipality for this Agreement; 8.3 The conveyance of real property to the County as provided in paragraph 6 (dedications) have been made to the County in satisfaction of the provisions of this Agreement, free and clear of all liens and encumbrances and with such postponements of interest as are necessary to provide a free and clear interest. 8.4 The said opinion(s) shall be addressed to the Municipality in consideration of a fee of $1.00 payable to the Solicitor rendering the same. LEGAL OPINION REQUIRED FOR COUNTY 9. The Subdividers shall cause to be delivered to the County of Middlesex an opinion by a solicitor authorized to practice in Ontario, substantially in the form of Schedule D attached hereto that the conveyance of real property to the County as provided in paragraph 6 of this Agreement has been made to the County in satisfaction of the provisions of this Agreement, free and clear of all liens and encumbrances and with such postponements of interest as are necessary to provide a free and clear interest. The said opinion(s) shall be addressed to the Municipality in consideration of a fee of $1.00 payable to the Solicitor rendering the same. DEVELOPMENT OF LAND 10. The Subdividers for themselves and for all owners and successors in title to the Land agree that the Land shall not be developed otherwise than in accordance with this Agreement and in a manner that is consistent with the Development Plan (hereinafter the Development Plan ) identified as the Servicing Plan (Project 1304023/1311-08) prepared by BOS Engineering & Environmental Services Inc. and dated November 11, 2013 and the Pattyn Drain C Extension 2013 report prepared by Spriet Associates and dated November 8, 2013 as approved by the County of Middlesex showing the following information: 10.1 The existing and final elevations of the Lots, which elevations shall be determined by reference to a geodetic bench mark, 10.2 The existing and final elevations of those other parts of the Land affected by the use of the Lots for residential purposes, again determined by reference to a geodetic bench mark, 10.3 The grades and elevations of Highbury Avenue in the vicinity of the Lots, again determined by reference to a geodetic bench mark; and November 2016
November 30, 2016 Page 10 of 39 6 10.4 The stormwater management plan and facilities, including all parts of the Land designated for drainage works contemplated by paragraph 16 below. November 2016 To facilitate registration of this Agreement on title to the Land, a photo reduced copy of the Development Plan is attached hereto as Schedule B ; the full-scale original of the Development Plan is maintained by the Municipality. DEVELOPMENT CONTROL 11. As a condition of the development or redevelopment of any Lot; the provision, maintenance and use of the following facilities and matters are required and regulated as follows: 11.1 No dwelling, or any accessory building or structure, shall be located on any Lot otherwise than within a building envelope as shown on the Development Plan and in accordance with the Municipality s Comprehensive Zoning By-law that is in effect. 11.2 Potable water for each dwelling on each Lot shall be located as generally shown on the Development Plan. 11.3 Private sewage disposal systems shall be provided for each dwelling on each Lot in locations generally shown on the Development Plan and in accordance with the Ontario Building Code. 11.4 In connection with such sewage disposal systems a 100% contingency area shall also be provided on each Lot in locations generally shown on the Development Plan. 11.5 The owner of each Lot shall provide and maintain a paved parking area on the Lot and a paved driveway from the traveled portion of Highbury Avenue North (County Road 23) to such parking area on the Lot in locations shown on the Development Plan and to the satisfaction of the Municipal Engineer and County Engineer. The paving of the parking area and driveway shall be asphalt or some other hard surface that is satisfactory to the Municipal Engineer and County Engineer. 11.6 An entrance permit from The Corporation of the County of Middlesex shall be obtained by the developer for driveway access. The driveway access shall be installed by the owner prior to the issuance of any building permits for the lot. 11.7 No owner of a Lot shall connect the basement drainage system to any municipal drain that is governed by the Drainage Act. 11.8 The owner of each Lot shall maintain that portion of Highbury Avenue North (County Road 23) between the lot line and the traveled portion of the street in a neat and tidy a condition, including weed removal and grass cutting. 2183436.9
November 30, 2016 Page 11 of 39 7 11.9 The trees and vegetation patches shown on the Development Plan shall be maintained. 11.10 Grass, gardens, flower beds, trees or shrubs shall be provided and maintained on each Lot not occupied by buildings, structures, walkways or an access driveway. 11.11 The elevations of and grade of each of the Lots shall be maintained in a manner that is consistent with the Development Plan and otherwise so as to provide adequate drainage from the Lot and to ensure there will be no adverse impact from storm water runoff on to neighbouring properties, or on to the abutting road allowance. 11.12 No interruption to any drainage flow shall be permitted on account of building construction on any Lot such as would have an adverse effect on neighbouring properties. Should such an interruption occur, necessary remedial work shall be carried out to correct the problem as recommended by the Subdividers Engineer and to the satisfaction of the Municipal Engineer and County Engineer; and any such remedial work shall be completed at the expense of the owner of the part of the Land where such construction occurred and at no cost to the Municipality, County or neighbouring property owners. 11.13 Any private tiling running east of the 150mm and 200mm sewer municipal pipe to the pipe constructed underneath the tiles shall be destroyed and any existing private tiles located west of the new municipal tile (within the proposed lots) shall also be destroyed. 11.14 The owner of each Lot shall affix their assigned municipal street number to the main dwelling on the lot, a minimum of 12.7 centimetres in height and clearly visible from the road, all in accordance with the Municipality s municipal addressing policies; 11.15 Before any development of a Lot, the owner of each Lot shall prepare and submit to the Municipality for approval, a detailed site plan prepared by an Ontario Land Surveyor, showing the location and dimensions of all buildings and structures to be erected upon the Lot for review and approval of the Municipality; 11.16 The owner of each Lot shall submit to the Municipality for approval, with the site plan referred to in clause 11.15, a Lot Grading Plan issued by an Ontario Land Surveyor or qualified Professional Engineer, identifying the proposed grading and appurtenant drainage works. The Lot Grading Plan is to be stamped by the Subdividers Engineer certifying that the grading and drainage comply with sound engineering design and that the proposed grading is in conformity with the Development November 2016
November 30, 2016 Page 12 of 39 8 Plan which has been approved in accordance with this the Severance Agreement ; 11.17 The owner of each Lot shall provide to the Municipality an interim certificate prepared by an Ontario Land Surveyor or a qualified Professional Engineer within thirty (30) days after completion of building foundations certifying the exact location of all structures and the final footing elevations are in conformity with the site plan referred to in clause 11.15; 11.18 Within thirty (30) days after completion of the development of the Lot the owner of the Lot shall provide to the Municipality a Final Grading Certificate prepared the Subdividers Engineer that includes a certification that the lot grades and the location of all structures then on the lot are in conformity with the site plan referred to in clause 11.15; 11.19 The owner of each Lot shall maintain, repair and replace any and all aspects of the stormwater management systems for the Land which may be located on the Lot and shall at all times comply with the obligations and burdens of any easement required by paragraph 28 of this Agreement as it affects the Lot; and 11.20 The owner of each Lot shall maintain in good repair any walls, fences or hedges located on the lot and any other suitable ground cover located on the Lot to provide adequate landscaping of the Lot and to provide protection to adjoining properties. MAINTENANCE OF LOTS 12. The facilities and works required by paragraph 11 shall be provided and maintained by the owner of each Lot from time to time at such owner s sole risk and expense and to the satisfaction of the Municipality; and, in default thereof, in addition to any other remedies which may be available to the Municipality, the provisions of Section 427 of the Municipal Act, 2001 shall apply for the purpose of securing rectification of the default. ADDITIONAL APPROVAL BY CONSERVATION AUTHORITY 13. In addition to the approval of the Municipal Engineer as required by paragraph 12, all lot grading plans, drainage plans, storm water management plans, sediment and erosion control measures to be used during construction, as well as all Works located in regulated areas shall be considered, amended if necessary with the concurrence of the Subdividers and of the Subdividers Engineer, and thereafter accepted by the Upper Thames River Conservation Authority as amended (hereinafter referred to as the Conservation Authority ). November 2016
November 30, 2016 Page 13 of 39 9 OWNER OF EACH LOT TO OBTAIN PERMITS AND TO PAY ASSOCIATED FEES 14. The owner of each lot shall ensure that all permits required for the work contemplated by this Agreement and payment of fees associated herewith, particularly permits required by the County of Middlesex for access to, across and along County roads are provided to the County. HOMEOWNER INFORMATION PACKAGE 15. The Subdividers shall provide a homeowner information package describing the environmental services provided for stormwater quality and flood control management in the subdivision and indicate the responsibilities of the homeowner to assist with maintenance. The homeowner information package shall be in substantially the form attached as November 2016
November 30, 2016 Page 14 of 39 10 SCHEDULE F to this Agreement and the Subdividers shall provide a copy of such information package to every person who makes an offer to purchase any of the Lots before such person is bound by an agreement to purchase such Lot. MUNICIPAL DRAINAGE 16. The Subdividers shall pay to the Municipality all costs assessed by an Engineer s Report or Reports for the following: 16.1 extension of Branch "C" of the Pattyn Municipal Drain, as set out in the Pattyn Drain C Extension 2013 report prepared by Spriet Associates and dated November 8, 2013 as approved by the Municipality; 16.2 improvement of any municipal drain under Section 4 or under Section 78 of the Drainage Act for the purposes of providing sufficient outlet for storm water from the Land; and 16.3 apportionment of the assessments previously assessed against the Land in accordance with Section 65 of the Drainage Act. MAINTENANCE OF DRAINS 17. During the installation and construction of any drainage or grading, the owner of each Lot shall maintain in working operation and repair all drains in use on the Land, whether they be open ditches or buried pipe and whether or not they are part of a municipal drain; and, after the completion of the installation and construction of the Works as described in Schedule E such drains shall be left in a good, proper and workmanlike repair, save to the extent of any relocation of such drains as part of the Works. The owner of each Lot shall connect any private tiling running east of the 150mm and 200mm sewer municipal pipe to the pipe constructed underneath the tiles. Any existing private tiles located west of the new municipal tile (within the proposed lots) shall be destroyed. INSTALLATION OF UTILITIES 18. The owners shall arrange to have Hydro One, Bell Canada, Union Gas, the locally authorized TV cable operator and such other persons as the Municipality may designate, design and install, at no cost to the Municipality, all necessary electrical, telephone, fuel, communication and other utilities or service distribution systems, which systems are to be installed underground where possible and in such locations as the Municipal Engineer shall designate in accordance with standard servicing procedure. DEVELOPMENT CHARGES 19. The owner of each lot shall pay to the Municipality development charges in connection with the subdivision of the Land in accordance with the Municipality s Development Charges By-law applicable and any other pertinent agreements to November 2016
November 30, 2016 Page 15 of 39 11 the Land and in force from time to time as and when applications for building permits are made for buildings and structures on the Lots. The Subdividers shall ensure that all persons who first purchase a Lot are informed, at the time each Lot is transferred, of all the development charges related to the development of the Lot. LETTER OF CREDIT 20. Forthwith upon the Municipal Engineer's approval of the Development Plan, and before the Municipal Engineer issues the Authorization to Commence Work contemplated in paragraph Error! Reference source not found. of this Agreement, the Subdividers shall lodge with the Clerk a Letter of Credit from a chartered bank in substantially the form set out in Schedule G hereto, or such other security satisfactory to the Municipality, guaranteeing payment of at least an amount which is equal to 20.1 100% of the estimated cost of the Works as described in Schedule E plus 20.2 The estimated cost of completing the drainage works under the Drainage Act as contemplated by paragraph 16, including the cost of the engineers report, any appeals arising therefrom as well as the cost of completing the drainage project, which Letter of Credit and any other security shall be for the purpose of securing the faithful performance of all of the obligations of the Subdividers under this Agreement. Such Letter of Credit and other security shall be for the purpose of securing the faithful performance of all of the obligations of the Subdividers under this Agreement. Such Letter of Credit shall not at any time be less than One Hundred (100%) Percent of the value of the Works as described in Schedule E or SIXTY THOUSAND, ($60,000. 00 ) DOLLARS, whichever is greater and there shall be no reduction in the security posted until all the Works as described in Schedule E have been completed. All such security shall be in a form and nature that is to the satisfaction of the Municipal Solicitor; and all such security shall be for the purpose of securing performance of all of the obligations of the Subdivider under this Agreement. 21. The owner of each Lot shall submit, prior to the issuance of building permits for the construction of single detached dwellings, security deposits in the amount of FIVE THOUSAND ($5,000. 00 ) DOLLARS in a form satisfactory to the Municipality for the hard surface treatment of each driveway. SECURITY FOR ALL SUBDIVIDER S OBLIGATIONS 22. The security provided by the Subdividers as required by paragraph 33 and paragraph 20 shall be for the purpose of securing performance of all of the obligations of the Subdividers under this Agreement including, without limiting the generality of the forgoing, payment of money payable by the Subdividers to November 2016
November 30, 2016 Page 16 of 39 12 the Municipality in accordance with paragraph 38 and paragraph 39 of this Agreement. INSURANCE 23. From the time when the Municipality has approved the commencement of any work on the lots, the owner of each Lot shall ensure that any workers, agents, contractors, or sub-contractors maintain in force and effect insurance that satisfies the following: 23.1 such insurance shall provide comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of the construction and installation of any and all of the Works as described in Schedule E to be performed pursuant to this Agreement, including all plans, specifications and contracts therefor and any and all documentation submitted by or on behalf of the Subdividers in support of the approval of such plans, specifications and contract; 23.2 such insurance shall provide primary coverage to the Municipality as an additional insured; 23.3 such insurance shall have limits of liability of at least Five Million ($5,000,000. 00 ) Dollars per incident, or such greater amount as may be specified by the Municipality from time to time; 23.4 such insurance shall include a cross-liability clause protecting the Municipality against claims by the Subdividers as if the Municipality was separately insured; 23.5 such insurance shall contain a clause that the insurer will not lapse, cancel or change or refuse to renew the insurance without first giving the Municipality sixty (60) days prior written notice; 23.6 such insurance will be with insurers that are, from time to time, acceptable to the Municipality; and 23.7 such insurance shall otherwise be in form satisfactory that is, from time to time, acceptable to the Municipality. Forthwith upon the Municipality s approval of any construction on the lots, the owner of the Lot shall provide the Municipality with evidence of the insurance to be provided as required by this paragraph in the form of a certificate or certificates of insurance issued by an authorized agent of the insurer on the face of which certificate shall be the following endorsement: The insurance evidenced by this certificate satisfies the insurance requirements of the severance agreement dated November 2016
November 30, 2016 Page 17 of 39 13 (date of agreement) between the Municipality of Middlesex Centre and Robert Julien Pattyn and Jeanine Alice Pattyn. The Subdividers shall also provide, from time to time at the request of the Municipality, evidence that such insurance continues in force and effect in the form of updated certificates of insurance. Also, at the request of the Municipality, the Subdividers shall deliver to the Municipality copies of the insurance policy or policies for the insurance coverage required by this Agreement. CONSTRUCTION LIEN 24. The owner of each Lot shall pay promptly those employed in the construction, installation, maintenance and repair of the Works, but shall hold back such sums as are required to be held back by the Construction Lien Act and the owner of each Lot shall indemnify the Municipality against any claims, actions or demands for Construction Liens or otherwise in connection with the Works; and, on the demand by the Municipality, the owner of each Lot shall forthwith discharge any such lien or any certificate of action which may be registered against the Works or the Land. RIGHT OF INSPECTION 25. The Municipal Engineer shall have the right at any time and from time to time to enter upon the Land and other land upon which any of the Works as described in Schedule E are or are to be constructed or installed and to make such tests and inspections as to the Municipal Engineer may seem desirable, and to make and to call for and obtain any document, contract, plan, specification, record or other writing or thing which, in the Municipal Engineer s opinion, is desirable to obtain in order to facilitate such inspection and supervision and, if the Municipal Engineer shall deem it necessary, to engage technical consultants to assist him in the performance of any inspection or supervision which technical consultants, if engaged, shall be paid by the owner of each Lot. MUNICIPAL ENGINEER ORDERS 26. If the Municipal Engineer is not satisfied that such installation, construction, maintenance or repair is being done in accordance with the approved plans and specifications or in accordance with good engineering practice, the Municipal Engineer may stop the work for any length of time until he is so satisfied; and, if the Municipal Engineer deems that the work is not proceeding in a proper manner, he may stop the work and require that another contractor be placed on the job to complete such works and all costs incurred by the Municipality in so doing shall be paid by the Subdividers forthwith upon demand by the Municipality. November 2016
November 30, 2016 Page 18 of 39 14 REMEDIES 27. In addition to any other remedy, which the Municipality may have against the Subdividers and/or the owner of each Lot for breach of this Agreement, the Municipality, at its option, may adopt and pursue any one or more or all of the following remedies: 27.1 Enter and re-enter the Land and complete any part of all of the Works as described in Schedule E in respect of which there has been default, including the repair, reconstruction and replacement of faulty work and materials and may recover the cost of so doing from the Subdividers; 27.2 Make any payment, which ought to have been made by the Subdividers and recover the amount thereof from the Subdividers; 27.3 Do any other thing required of the Subdividers by this Agreement and recover the cost of so doing from the Subdividers; provided that the Municipality shall give the Subdividers at least five (5) days prior notice, except in cases of the Works as described in Schedule E not functioning or not functioning properly, so that in the opinion of the Municipality action is immediately necessary to prevent damage or hardship to persons or property in which case no prior notice need be given; and it is understood and agreed by the parties that the entry upon the Land by the Municipality or the doing of anything by the Municipality as authorized by this Agreement shall be as agent for the Subdividers and shall not be deemed an acceptance of the Works as described in Schedule E by the Municipality and shall not in any way relieve the Subdividers and/or owner of each Lot of the obligations of this Agreement; and the Subdividers and/or owner of each Lot covenant and agree that neither they nor any of their agents, servants, officers or contractors shall interfere in any way with anything done or authorized to be done pursuant to this Agreement by the Municipality. COURT ACTION 28. In addition to any other remedy, which the Municipality may have against the Subdividers for breach of this Agreement, the Municipality may bring action to restrain or to compel specific performance of all or any part of this Agreement and for damages. BUILDING PERMIT REMEDY 29. In addition to any other remedy which the Municipality may have against the Subdividers and/or owner of each Lot for breach of this Agreement, the Municipality may refuse or revoke any building permit or permits that have been granted to the Subdividers or to any other person, providing such other person has not commenced construction, and may refuse to issue any further building November 2016
November 30, 2016 Page 19 of 39 15 permits until the Subdividers and/or owner of each Lot default has been rectified. REALIZING SECURITY 30. In addition to any other remedy which the Municipality may have against the Subdividers for breach of this Agreement, after first giving five (5) days notice to the Subdividers, the Municipality may, at any time and from time to time, realize upon and enforce any security available to it and use the funds derived therefrom to pay the cost of doing any work or thing in respect of which the Subdividers is in default, or to recover such costs if the Municipality has done such work or thing prior to realizing upon and enforcing the security. Similarly, the Municipality may recover any money which it has paid and which the Subdividers ought to have paid or any money, which is otherwise due to the Municipality from the Subdividers under the terms of this Agreement. If the funds derived from the security exceed the amount due to the Municipality, the excess shall be refunded to the Subdividers upon the issuance by the Municipal Engineer of the Certificate of Acceptance, as contemplated by paragraph 39; but, if there is a deficiency, the same shall be recoverable from the Subdividers forthwith upon demand. CALL ON LETTER OF CREDIT 31. In the event that notice is received by the Municipality that the Letter of Credit required pursuant to this Agreement will not be renewed or will be revoked or will otherwise expire or terminate, the Municipality may, at any time and from time to time, demand that all or any part of the funds available under such Letter of Credit be paid to the Municipality and, when so paid, the same shall be placed in a separate interest bearing account in the name of the Municipality which account, together with any interest thereon, shall stand as additional security for the performance of the Subdividers obligations under this Agreement and the provisions of this Agreement regarding the release of the Letter of Credit security shall apply mutatis mutandis to the release of funds out of the said separate account to the Subdividers. REPLACEMENT OF LETTER OF CREDIT 32. Where any payment is demanded or made under the Letter of Credit, the Subdividers shall forthwith cause a new Letter of Credit to be issued to reinstate the amount secured by such Letter of Credit in the same amount as was available under the Letter of Credit prior to the demand or making of the payment thereunder. LOT GRADES 33. The owner of each Lot shall, at all times, maintain or cause to be maintained the elevations and grades on all Lots in accordance with the approved Works. November 2016
November 30, 2016 Page 20 of 39 16 BUILDING PERMITS 34. The Subdividers and/or owner of each Lot shall not apply for, nor shall anyone claiming title from it, or under it or their authority, apply for a building permit to construct a dwelling or any building or structure on any Lot and no building permit for the development or redevelopment of any Lot shall be issued until the Works as described in Schedule E have been completed in accordance with this Agreement; COST OF WORKS 35. The Subdividers, when selling any Lot shall include in the price thereof the costs of any Works as described in Schedule E required on each lots in order that a purchaser shall not be required to pay any of the cost thereof over and above the purchase price paid to the Subdividers for the said Lot save and except the payment of development charges or Municipal Act rates which may be required to be paid to the Municipality by third party purchasers from the Subdividers in accordance with and as contemplated in this Agreement. COVENANT OF PURCHASERS 36. The Subdividers shall not accept any offer to purchase any Lot unless the Subdividers have given to such offeror, prior to the making of such offer, written advice about this Agreement and its provisions prescribing conditions of development and restricting the application for and issuance of building permits; and as well the Subdividers shall prior to transferring any part of the Land register notice of the requirements of this Agreement by way of registered restrictions on title to the Land which shall run with the Land in a form which is enforceable by the Municipality against such purchaser and any and all subsequent owners and occupiers of the Land. OUTSTANDING INVOICE PAYMENTS 37. Concurrently with the Subdividers execution of this Agreement, the Subdividers shall pay to the Municipality, payment of any outstanding invoices owing for engineering and legal costs incurred by the Municipality in connection with this Agreement, including its preparation and negotiation. PROPERTY TAXES AND RELATED ASSESSMENTS 38. The Subdividers shall pay all taxes, including all rates and assessments, levied on the Land in accordance with the assessment thereof until the Land has been assessed according to reference plan 33R-48714, after which, the Subdividers shall pay the taxes levied on any and all Lots which the Subdivider continues to own. If there are any existing local improvements or other rates or charges in respect of the Land, including any that relate to the construction, maintenance and repair of municipal drains, the Subdividers shall commute and repay same November 2016
November 30, 2016 Page 21 of 39 17 within ten (10) days after the execution and delivery of this Agreement by the Municipality. MUNICIPAL COSTS 39. The Subdividers agree to deposit with the Municipality, and the Municipality acknowledges having received in cash in the amount of FOUR THOUSAND ($4,000. 00 ) DOLLARS at the time of the execution of this Agreement for its actual costs incurred for land use planning, engineering, surveying and legal fees and disbursements and for the cost of administration, supervision and all other work required by the Municipality in connection with this Agreement, including the negotiations leading to and the preparation of this Agreement and costs arising out of the realization upon any security given hereunder but excluding any expenses incurred by the Municipality prior to November 23, 2012 to deal with the above recited appeals to the Ontario Municipal Board. If this amount is insufficient, the Subdividers shall reimburse the Municipality for such actual costs from time to time as and when required. These costs may include: 39.1 The Municipality shall be entitled to be reimbursed for its actual costs for engineering, administration and legal fees and disbursements and for the cost of administration, supervision and all other work required by the Municipality, including the negotiations leading to and the preparation of subdivision agreement and costs arising out of the realization upon any security given thereunder. 39.2 The Municipality shall be entitled to be paid for time spent by its planning, public works and administrative staff in the administration and supervision of the development of the Land, including negotiation and preparation of subdivision agreements, the completion of all work required by the subdivision agreement and the realization upon any security given thereunder. 39.3 The hourly rates to be charged by the Municipality for its staff as shall be established by resolution of the Municipal Council from time to time. 39.4 The Municipality may issue invoices to the Subdividers, from time to time, for its expenses and for the time of it staff and, when doing so may deduct the amount of the invoice from deposit money held by the Municipality in connection with the development of the Land. 39.5 If the deposit money held by the Municipality in connection with the development of the Land is insufficient to pay the invoice, the Subdividers shall pay the same forthwith. 39.6 If the deposit money held by the Municipality in connection with the development of the Land exceeds the amount of all invoices issued by the Municipality to the Subdividers in connection therewith, the Municipality shall November 2016
November 30, 2016 Page 22 of 39 18 refund to the Subdividers such excess upon final acceptance by the Municipality of all of the work required by this Agreement. RIGHT TO CONTEST MUNICIPALITY'S COSTS 40. The Subdividers shall have the right to contest the reasonableness of the amount of any of the Municipality's expenses in respect of which the Subdividers are required to reimburse the Municipality pursuant to this Agreement provided that such right must be exercised by written notice to the Municipality within thirty (30) days after the Subdividers have been advised of the amount of such expenses. Such notice to the Municipality shall be accompanied by sufficient funds to pay the amount being contested or security therefor. The amount of such expenses shall be determined by a court of competent jurisdiction and the Subdividers shall indemnify the Municipality, on a Solicitor and his own Client basis, for all costs or expenses incurred by the Municipality in connection with such determination. CONFLICT OF REQUIREMENTS 41. In the event of a conflict between the requirements of the Municipality and those of any regulatory body, those of the regulatory body shall prevail unless the requirements of the Municipality are more demanding, in which case the Municipality s requirements shall prevail; and, in the event of any dispute as to which are more demanding, the Municipal Engineer s decision shall be final and binding as between the Subdividers and the Municipality. EXPENSE OF OWNER 42. Every provision of this Agreement by which the Subdividers are obliged in any way shall be deemed to include the words at the expense of the Subdividers unless the context specifically requires otherwise. INTEREST AND LIENS 43. In the event that there are monies due from the Subdividers to the Municipality which have not been paid within thirty (30) days after receipt by the Subdivider of a demand therefor by the Municipality, interest shall be payable on the amount due at the rate of one and one quarter (1¼%) per cent per month, compounded monthly, (equivalent effective annual rate of 16.08%) determined and calculated from the date of receipt of the demand and the amount due together with interest thereon shall constitute a lien upon the Land. ESTOPPEL 44. The Subdividers shall not call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into this Agreement or to enforce November 2016
November 30, 2016 Page 23 of 39 19 each and every covenant and condition herein contained and this Agreement shall be pleaded as an estoppel against the Subdividers in such proceeding. BY-LAWS BINDING 45. Notwithstanding any provisions of this Agreement, the Subdividers and all persons taking title to the Land from it shall be subject to all of the by-laws of the Municipality. TIME OF ESSENCE 46. Time shall be of the essence hereof in all respects but the Municipality may by notice to the Subdividers waive any default of the Subdividers on such terms and conditions as the Municipality may determine, provided that the right of the Municipality to require strict performance by the Subdividers of any and all obligations imposed by the Subdividers hereunder shall not be affected in any way by any previous waiver, forbearance or course of dealing. GIVING OF NOTICE 47. Any notice, request, order, demand, certificate or any other communication required or permitted to be given under this Agreement shall be in writing and, unless some other method of giving the same is accepted by the person to whom it is given, shall be given by registered mail or by being delivered to the person to whom it is to be given at the appropriate address set out below: For the Subdividers: For the Municipality: Robert Julien Pattyn and Jeanine Alice Pattyn 15319 Ilderton Road RR # 3, Ilderton Ontario N0M 2A0 Municipality of Middlesex Centre, R.R. #2, 10227 Ilderton Road, ILDERTON, Ontario N0M 2A0 Attention: Clerk or such other address as may be furnished by such person, and shall be deemed effective, four (4) business days after the date of mailing thereof unless postal employees at the point of mailing or at the point of delivery are on strike at any time during the four business days following the time of mailing, in which event it shall be effective when delivered to the addressee. ASSIGNMENT 48. The Subdividers shall not assign this Agreement without the prior written consent of the Municipality which consent is not to be unreasonably withheld by the Municipality provided that any such assignee executes an agreement November 2016
November 30, 2016 Page 24 of 39 20 assuming the obligations of the Subdividers under this Agreement in a form satisfactory to the Municipality's Solicitor. SEVERABILITY 49. If any provision of this Agreement shall be found or declared by a Court of competent jurisdiction to be invalid, unenforceable or ultra vires the Municipality; then, such provision shall conclusively be deemed to be severable and the remainder of this Agreement, mutatis mutandis, shall be and remain in full force and effect. NUMBER AND GENDER 50. In this Agreement, unless the contrary intention appears, words importing only the singular number or masculine gender shall include more persons, parties or things of the same kind than one and the feminine and neuter gender; and if there are more Subdividers than one, the covenants of such Subdividers shall be joint and several. INTERPRETATION 51. The captions, titles and headings in this Agreement are inserted for convenience of reference only and do not define, limit or enlarge the scope, meaning or intent of any provisions. BINDING 52. The covenants, agreements, conditions and undertaking herein contained on the part of the Subdividers shall run with the Land, including the Land, and shall be binding upon the Subdividers and upon its successors and assigns, as owners and occupiers of the Land, including the Land, from time to time and shall be appurtenant to the adjoining highways in the ownership of the Municipality; and this Agreement shall ensure to the benefit of and be binding upon the Municipality and its successors and assigns. PHOTO REDUCED SCHEDULE ATTACHMENTS 53. This Agreement describes in detail a number of plans and drawings which form part of this Agreement. Photographic reductions of copies of the plans and drawings are reproduced in Schedules to this Agreement to facilitate registration of this Agreement on title to the Land. Full-scale originals of such plans and drawings are maintained by the Municipality and are available from the Municipality for viewing upon request during the Municipality s normal business hours. In the event that the Land Registrar (hereinafter referred to as the Land Registrar ) for the Land Titles Division of Middlesex (No. 33) (hereinafter referred to as the Land Office ) requires the removal of some or all of such photographic reductions of plans and drawings in order for this Agreement to be registered, the parties agree that such any photographic reduced copies required November 2016
November 30, 2016 Page 25 of 39 21 to be removed by the Land Registrar may be removed from the registered copy of this Agreement. [signature page follows on next page] IN WITNESS WHEREOF the Subdividers have set their hands and seals and the Municipality has hereunto affixed its corporate seals attested to by the hands of their respective proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED in the presence of Witness Witness ) ) ) ) ) ) ) ) ) ) Robert Julien Pattyn Jeanine Alice Pattyn November 2016
November 30, 2016 Page 26 of 39 22 MUNICIPALITY OF MIDDLESEX CENTRE Approved and authorized by Bylaw No. 2016- enacted the day of November, 2016 Per: Mayor Al Edmondson I have authority to bind the Corporation Per: Stephanie Troyer-Boyd, Clerk I have authority to bind the Corporation November 2016
November 30, 2016 Page 27 of 39 23 List of Schedules Schedule A The Land Schedule B - Photo-Reduced Development Plan Schedule C - Encumbrances Schedule D - Solicitor s Opinion Schedule E The Works November 2016
November 30, 2016 Page 28 of 39 24 SCHEDULE F Homeowner s Package Format Schedule G - Irrevocable Letter of Credit Format Error! Reference source not found. November 2016
November 30, 2016 Page 29 of 39 25 SCHEDULE A to THIS SEVERANCE AGREEMENT made this day of October, 2016. B E T W E E N: ROBERT JULIEN PATTYN and JEANINE ALICE PATTYN OF THE FIRST PART - and - MUNICIPALITY OF MIDDLESEX CENTRE OF THE SECOND PART LAND Part of Lot 8, Concession 11, in the geographic Township of London, now the Municipality of Middlesex Centre, County of Middlesex, designated as Parts 2-11 inclusive on Plan 33R- 18714 being Part of the PIN 08149-0135. November 2016
November 30, 2016 Page 30 of 39 26 SCHEDULE B to THIS SEVERANCE AGREEMENT made this day of November, 2016. B E T W E E N: ROBERT JULIEN PATTYN and JEANINE ALICE PATTYN - and - MUNICIPALITY OF MIDDLESEX CENTRE SERVICING PLAN AND SERVICING CONSTRUCTION PLANS OF THE FIRST PART OF THE SECOND PART To facilitate registration of the Subdivision Agreement to which this Schedule B is attached, including all other Schedules attached to such Subdivision Agreement, the following photo reduced copies of the Servicing Plans are provided in this Schedule B. Full-scale originals of such plans and drawings are maintained by the Municipality and are available from the Municipality for viewing upon request during the Municipality s normal business hours. In the event that the Land Registrar requires the removal of some or all of the following photo reduced copies of the plans and drawings in order for the Subdivision Agreement to be registered, the parties agree that such any photo reduced copies required to be removed by the Land Registrar may be removed from the registered copy of the Subdivision Agreement. PHOTO-REDUCED DEVELOPMENT PLAN November 2016
November 30, 2016 Page 31 of 39 27 SCHEDULE C to THIS SEVERANCE AGREEMENT made this day of November, 2016. B E T W E E N: ROBERT JULIEN PATTYN and JEANINE ALICE PATTYN OF THE FIRST PART - and - MUNICIPALITY OF MIDDLESEX CENTRE OF THE SECOND PART ENCUMBRANCES PART 1 PERMITTED ENCUMBRANCES There are no permitted encumbrances. PART 2 ENCUMBRANCES TO BE REMOVED OR POSTPONED Any and all encumbrances are to be removed or postponed. November 2016
November 30, 2016 Page 32 of 39 28 SCHEDULE D to THIS SEVERANCE AGREEMENT made this day of November, 2016. B E T W E E N: ROBERT JULIEN PATTYN and JEANINE ALICE PATTYN OF THE FIRST PART - and - MUNICIPALITY OF MIDDLESEX CENTRE OF THE SECOND PART SOLICITOR S OPINION TO: Re: MUNICIPALITY OF MIDDLESEX CENTRE Part of Lot 8, Concession 11, in the geographic Township of London, now the Municipality of Middlesex Centre, County of Middlesex, designated as Parts 2-11 inclusive on Plan 33R-18714 being the Part of the PIN 08149-0135 hereinafter the Land Re: Severance Agreement between Robert Julien Pattyn and Jeanine Alice Pattyn and the Municipality of Middlesex Centre dated the day of August, 2016 pertaining to the Land (the Severance Agreement ) For the sum of one dollar ($1. 00 ) and other good and valuable consideration I certify that I am a solicitor authorized to practice in Ontario and provide my solicitor s opinion as follows: Severance Agreement Registration As at the date of signing of the Severance Agreement and as of the date of registration of the Severance Agreement against the Land, Robert Julien Pattyn and Jeanine Alice Pattyn are the owners in fee simple of the Land free and clear of all liens and encumbrances. November 2016
November 30, 2016 Page 33 of 39 29 There were no other registered interests having any interest in the Land as mortgagee, tenant, easement holder or other encumbrancer at the date of registration of the Severance Agreement against the Land Transfers in Fee Simple to the County A good and valid Transfer of Parts 1, 3, 5 and 7, inclusive, on Reference Plan 33R-19464, has been registered on the day of, 2016 as Instrument No. ER in favour of the County of Middlesex. A good and valid Transfer of Part 11 on Reference Plan 33R-18714, has been registered on the day of, 2016 as Instrument No. ER in favour of the County of Middlesex. November 2016
November 30, 2016 Page 34 of 39 30 SCHEDULE E to THIS SEVERANCE AGREEMENT made this day of November, 2016. B E T W E E N: ROBERT JULIEN PATTYN and JEANINE ALICE PATTYN - and - MUNICIPALITY OF MIDDLESEX CENTRE THE WORKS OF THE FIRST PART OF THE SECOND PART GRADING PLAN, GENERAL SERVICING PLAN AND SERVICING CONSTRUCTION PLANS 1. For the purposes of the Severance Agreement to which this Schedule "E" is attached, including all other Schedules attached to such Severance Agreement, the following (herein referred to as the Servicing Plans ) form part of such Severance Agreement: Title of Plan or Drawing: For Whom Prepared: Author of Plan or Drawing: Sealed by: Author s Job No.: Date of Plan or Drawing: Legal Description: Servicing Plan Severances Bryanston Jeanne & Robert Pattyn Bos Engineering & Environmental Services Inc. A. W. Bos 1304-23/1311-08 November 11, 2013 Parts 2 through 10 of Registered Plan 33R- 18285, Part of Lot 8, Concession 11, in the geographic Township of London, now the Municipality of Middlesex Centre, County of Middlesex, designated as Parts 2-11 inclusive on Plan 33R-18714 November 2016
November 30, 2016 Page 35 of 39 31 Title of Plan or Drawing: For Whom Prepared: Author of Plan or Drawing: Author s Job No.: Date of Plan or Drawing: Legal Description: Pattyn Drain 2013 Middlesex Centre Spriet Associates Limited Consulting Engineers 213104 2013 Part of Lot 8, Concession 11, in the geographic Township of London, now the Municipality of Middlesex Centre, County of Middlesex, designated as Parts 2-11 inclusive on Plan 33R- 18714 DRAINAGE ACT REQUIREMENTS 2. The Subdividers shall satisfy the requirements of this Agreement of the Severance Agreement, by ensuring the completion of the drainage works under the Drainage Act as contemplated by this Agreement, including paying the cost of the engineer s report, of any appeals arising therefrom as well as the cost of completing the drainage project. DEVELOPMENT APPROVALS ELEVATIONS AND LOT GRADES 1. The owners of each lot shall fill and grade the Lots and those parts of the Lands in the vicinity of the Lots in order to achieve the elevations and grades shown on the Development Plan a photo-reduced copy of which is attached as Schedule B to the Severance Agreement to which this is Schedule E, provided that the Development Plan and any general specifications in this Schedule E shall in no way be construed as limiting or in any restricting the discretion given to the Municipal Engineer to approve or amend the final materials submitted by the owner of each Lot for such purposes nor as limiting or restricting the discretion given the Ministry of the Environment or the Conservation Authority or the County of Middlesex with respect to the approvals required of them in connection with the Works to be constructed, installed, maintained and repaired by the Subdividers in accordance herewith. PLANS AND DRAWINGS LISTED IN SCHEDULE E 2. The approval of the plans and drawings listed in the said Schedule B, together with the general specifications in this Schedule E, shall in no way be construed as limiting or in any restricting the discretion given to the Municipal Engineer to approve or amend the final materials submitted by the owners of each lot for such purposes nor as limiting or restricting the discretion given to the Ministry of the Environment and Climate Change or the Conservation Authority with respect to the approvals required of them in connection with the Works to be November 2016
November 30, 2016 Page 36 of 39 32 constructed, installed, maintained and repaired by the Owner in accordance herewith. GRADING 3. The Lots and Lands shall be graded to permit surface water to run off from all areas and from adjoining properties so as to reach either the road gutters, municipal drains, ditches or natural water courses all in accordance with the plans to be submitted by the owner of each Lot and approved by the Municipality and the Conservation Authority and the County. ROAD ALLOWANCE LANDSCAPING 4. The owner of each Lot shall topsoil, to a depth of at least 10 centimetres (4.0 inches), and seed or sod the portion of the road allowance for Highbury Avenue North (County Road 23) lying between each Lot boundary and the travelled portion of Highbury Avenue North (County Road 23). The owner of each Lot shall ensure that this is done after the residential building is completed on the Lot and to the satisfaction of the County Engineer. UTILITIES 5. The owner of each Lot shall arrange to have Hydro One, Bell Canada, Union Gas, the locally authorized TV cable operation and such other utility companies as the Municipality may designate to design and install, all necessary electrical, telephone, fuel, communication and other utilities or service distribution systems, which systems are to be installed in accordance with this Severance Agreement to which this Schedule is attached. November 2016
November 30, 2016 Page 37 of 39 33 SCHEDULE F to THIS SEVERANCE AGREEMENT made this day of November, 2016. B E T W E E N: ROBERT JULIEN PATTYN and JEANINE ALICE PATTYN OF THE FIRST PART - and - MUNICIPALITY OF MIDDLESEX CENTRE OF THE SECOND PART HOMEOWNERS PACKAGE FORMAT November 2016
November 30, 2016 Page 38 of 39 34 SCHEDULE G to THIS SEVERANCE AGREEMENT made this day of November, 2016. B E T W E E N: ROBERT JULIEN PATTYN and JEANINE ALICE PATTYN OF THE FIRST PART - and - MUNICIPALITY OF MIDDLESEX CENTRE OF THE SECOND PART IRREVOCABLE COMMERCIAL LETTER OF CREDIT Letter of Credit No. To: Municipality of Middlesex Centre Pursuant to the request of our customers, ROBERT JULIEN PATTYN and JEANINE ALICE PATTYN, the Bank, at Street in London hereby establishes in your favour an irrevocable letter of credit for any sum or sums not exceeding total of which may be drawn on at sight by you in whole or in part at any time and from time to time by written demand for payment at the branch named above which demand we shall honour without inquiring whether you have a right as between yourself and our customers to make such demand and without recognizing any claim of our said customers. PROVIDED, that you are to deliver to the Bank at such time as a written demand for payment is made a certificate signed by your Clerk, (a) (b) that the monies demanded pursuant to this Letter of Credit are to be expended, or, that the monies demanded pursuant to the Letter of Credit have been expended November 2016
November 30, 2016 Page 39 of 39 35 in respect to the whole or some of our customer's obligations under the Severance Agreement between our customers and you dated the day of November, 2016 and registered as instrument no., as amended from time to time. The amount of this Letter of Credit will be reduced from time to time as you may on notice in writing signed by the Clerk advise. This Letter of Credit will continue up to and including the 31 st day of October, 2017 subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year from the present or any future expiration date, unless at least sixty (60) days prior to the present or future expiration date, we deliver notice to you in writing that we elect not to consider this Letter of Credit to be renewable for any additional period. Except as otherwise expressly stated, this credit is subject to the Uniform Customs and Practice for Documentary Credits (2007) Revision) International Chamber of Commerce, Publication No. 600. DATED at London, Ontario, this day of, 2016. November 2016
November 30, 2016 Page 1 of 1 MUNICIPALITY OF MIDDLESEX CENTRE BYLAW NUMBER 2016-126 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL AT ITS MEETING HELD ON NOVEMBER 30 TH, 2016 THEREFORE the Council of the Municipality of Middlesex Centre enacts as follows: 1. THAT the actions of the Council of the Municipality of Middlesex Centre at its meeting held on November 30 th, 2016, in respect to each report, motion, resolution or other action passed and taken by the Council at its meeting is hereby adopted, ratified and confirmed, as if each resolution or other action was adopted, ratified and confirmed by its separation by-law. 2. THAT the Mayor and proper officers of the Municipality of Middlesex Centre are hereby authorized and directed to do all things necessary to give effect to the said action, or obtain approvals, where required, and, except where otherwise provided, the Mayor and the Clerk are hereby directed to execute all documents necessary in that behalf and to affix the Corporate Seal of the municipality to all such documents. READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED this 30 th day of November, 2016. Mayor Clerk
November 30, 2016 Page 1 of 2 Stephanie Troyer-Boyd From: Sent: To: Subject: Morton, Rob <rob.morton@pc.ola.org> November-12-16 11:04 AM Morton, Rob Bill 9 MPP Lorne Coe Good Morning: On September 29 th, 2016, Bill 9, entitled, End Age Discrimination Against Stroke Recovery Patients Act, 2016., the legislation that MPP Lorne Coe earlier introduced, was debated and passed second reading in the Ontario Legislature. It has now been referred to the Standing Committee on Social Policy for its consideration. The Bill is short and to the point. It says simply: 1. Subsection 6(1) of the Ministry of Health and Long-Term Care Act is amended by adding the following paragraph: 12. To ensure that any treatment recommended by a physician for a patient who is recovering from a stroke is provided to that patient promptly, regardless of the patient s age. This makes it mandatory that any treatment recommended by a physician, for a patient recovering from a stroke, be provided to that patient promptly, regardless of the patient s age. Under current Regulations, stroke survivors are not entitled to publicly funded treatment, if they are between the ages of nineteen and sixty-four. On September 26 th, 2016, The Corporation of the Township of Uxbridge passed a Resolution supporting Bill 9. The Town of Whitby and the City of Oshawa have followed suit. It read as follows: THAT the Council of the Township of Uxbridge support Bill 9 which states that all stroke victims receive care regardless of their age. The Township then sent a letter of confirmation to the Health and Long Term Care Minister, Eric Hoskins. MPP Coe would ask that your municipality consider placing a similar resolution before Council for its consideration, and then send a letter acknowledging same, to the Minister of Health and Long Term Care. It is important that we have a broad base of support for this Legislation as it moves through the Committee process. Thank you for your anticipated co-operation and support. 1
November 30, 2016 Page 2 of 2 Regards, Rob ROB MORTON EXECUTIVE ASSISTANT LORNE COE, MPP WHITBY OSHAWA OFFICIAL OPPOSITION CRITIC, ADVANCED EDUCATION AND SKILLS DEVELOPMENT ROOM 430, MAIN LEGISLATIVE BUILDING QUEEN S PARK TORONTO, ONTARIO M7A 1A8 TELEPHONE: 416 325 1331 2
November 30, 2016 Page 1 of 2 ADMINISTRATION OFFICE 1800 Main Street, P.O. Box 70 GERALDTON, ON P0T 1M0 GREENSTONE P: 807-854-1100 F: 807-854-1947 E: administration@greenstone.ca www.greenstone.ca November 18, 2016 The Honourable Kathleen Wynne Premier of Ontario Toronto, ON M7A 1A1 Re: Resolution Regarding Access and Delivery of Hydro Honourable Madam: Please be advised that Council of the Municipality of Greenstone passed the following resolution at its meeting held November 14, 2016: Resolution 16-234 Moved by: Councillor Blanchard Seconded by: Councillor McPherson WHEREAS there is inequity between the cost of hydro for rural residents as compared to urban residents due to higher distribution charges; AND WHEREAS this practice targets and negatively affects rural residents, especially those who are already unable to pay for the high cost of hydro; NOW THEREFORE BE lt RESOLVED THAT the Municipality of Greenstone request the Province to re-evaluate the structure of hydro in terms of access and delivery and implement structural changes to address the unfair practice of charging more for delivery for rural residents; AND THAT this resolution be circulated to all municipalities in the Province of Ontario as well as Ontario Small Urban Municipalities (OSUM) and Association of Municipalities of Ontario (AMO). CARRIED. Gateway to the Ring of Fire TM
November 30, 2016 Page 2 of 2 ADMINISTRATION OFFICE 1800 Main Street, P.O. Box 70 GERALDTON, ON P0T 1M0 GREENSTONE P: 807-854-1100 F: 807-854-1947 E: administration@greenstone.ca www.greenstone.ca The Municipality of Greenstone respectfully requests consideration of this resolution. Sincerely, Gabrielle Lecuyer, Clerk gabrielle.lecuyer@greenstone.ca www.greenstone.ca cc: Glenn Thibeault, Minister of Energy by email: gthibeault.mpp.co@liberal.ola.org AMO by email: amo@amo.on.ca OSUM by email: lmccabe@goderich.ca All Ontario Municipalities Micheal Gravelle, MPP Thunder Bay Superior North: mgravelle.mpp.co@liberal.ola.org Mayor and Council Gateway to the Ring of Fire TM
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November 30, 2016 Page 1 of 2 Township of McKellar P.O. Box 69, McKellar, Ontario P0G 1C0 Phone: (705) 389-2842 Fax: (705) 389-1244 VIA EMAIL November 22, 2016 The Honourable Kathleen Wynne The Honourable Brad Duguid The Honourable Bob Chiarelli Norm Miller, MPP for Parry Sound-Muskoka Association of Municipalities of Ontario (AMO) Federation of Northern Ontario Municipalities (FONOM) Rural Ontario Municipal Association (ROMA) All Ontario Municipalities Please be advised that at its regular meeting held, Monday November 21, 2016 the Council of the Township of McKellar passed the following resolution: RESOLUTION: 16-384 WHEREAS the Fire Protection and Prevention Act, 1997, legislates that fire prevention, public education and fire protection services are a mandatory municipal responsibility; AND WHEREAS there are a total of 449 Fire Departments operating in the province comprised of 32 Full-Time Departments, 191 Composite Departments and 226 Volunteer Departments with 11,376 Full-Time Firefighters, 19,347 Volunteer Firefighters and 343 Part-Time Firefighters staffing these departments; AND WHEREAS the fire service represents a significant percentage of small, rural and northern municipalities managed capital assets; AND WHEREAS the Municipal Fire Department and associated assets represent critical municipal infrastructure; AND WHEREAS there are currently no funding opportunities available from the Provincial or the Federal Government for the equipment, training, maintenance, operating or capital requirements of local fire departments; NOW THEREFORE BE IT RESOLVED that the Council of the Township of McKellar hereby petition the Provincial Government to recognize the municipal fire service as critical infrastructure by including funding for Fire Department infrastructure as part of the Provincial Governments Infrastructure Strategy to Move Ontario Forward;
November 30, 2016 Page 2 of 2 AND FURTHER that a copy of this resolution be sent to the Premier of Ontario, the Minister of Economic Development, Employment and Infrastructure, Norm Miller, MPP for Parry Sound-Muskoka, the Association of Municipalities of Ontario (AMO), the Federation of Northern Ontario Municipalities (FONOM), the Rural Ontario Municipal Association (ROMA) and all Ontario municipalities. As per the above resolution, please accept this correspondence for your information and consideration. If you have any questions please do not hesitate to contact undersigned. Sincerely, Shawn Boggs Clerk Administrator Township of McKellar
November 30, 2016 Page 1 of 1 TOWNS A o = sou'r - STORMONT I MOVED avg 0--* _,~ unon RESQLUTION no E551 QQILQ SECONDED DATE November 9, 2016 WHEREAS the Upper Canada District hool Board (UCDSB) has commenced a Pupil Accommodation Review (PAR) study that may result in the closure of dozens of schools across the Board, many in SDG; And whereas the aggressive timelines imposed by the UCDSB simply do not allow for sufficient time for adequate and reasonable public consultation and review by those impacted by the closures; And whereas it is understood that no discussion is contemplated or taken place between the UCDSB and the 3 other local school boards regarding sharing underutilized space; And whereas schools are an essential element of the fabric of our rural communities; Now therefore we, the 32 elected representatives (upper and lower tier) of the 65,000 residents of Stormont, Dundas and- Glengarry, collectively demand that the PAR being undertaken by the UCDSB be immediately suspended for a period of 1 year, to allow adequate time to complete the work necessary to chart the course ahead that is in the best interests of all UCDSB students, AND FURTHERMORE THAT the policy issued by the Ontario Ministry of Education on March 26, 2015, deleting the requirement that local school boards take into consideration the social, economic or geographic implications of school closures, be immediately reviewed, given the devastating impact this policy has on rural schools. CARRIED 1:1 DEFEATED El DEFERRED Chairperson Recorded Vote: Councillor Primeau Councillor Smith Councillor Waldroff Deputy Mayor Hart Mayor Bancroft
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November 30, 2016 Page 8 of 29 Inspiring a Healthy Environment October 14, 2016, Addressed to CAO s and Drainage Superintendents RE: Drainage Act and Conservation Authorities Act Enforcement Through discussions during our Board of Directors meeting on September 27, 2016 it was acknowledged that the Upper Thames River Conservation Authority (UTRCA) has had increasing involvement with unauthorized activities being undertaken by private landowners on Municipal Drains. While some activities result in obvious drain blockages, others impair water quality or exacerbate erosion on upstream and/or downstream properties. At the same time, we are also experiencing regular occurrences of licensed drainage contractors, employed by our municipalities to undertake drain maintenance work, working beyond the scope of the permitted projects and/or not abiding by the mutually agreed upon terms and conditions of the Drainage Act and Conservation Authorities Act Protocol, UTRCA permits or Standard Compliance Requirements (SCRs). There have been some instances of drainage superintendents allowing individual (and unlicensed) landowners to undertake their own drain clean-outs. The UTRCA is asking for greater assistance from our municipal partners in dealing with enforcement regarding unauthorized alterations to municipal drains in the future. The Drainage Act and Conservation Authorities Act Protocol, protocol for Municipalities and Conservation Authorities in Drain Maintenance and Repair Activities (Ontario, 2012) provides provincially approved guidance regarding appropriate practices to permit maintenance and repair activities for municipal drains. The DART protocol is found on line at: http://www.web2.mnr.gov.on.ca/mnr/water_erb/calc_chapter_final_apr23_final.pdf Municipal Drains are defined as: A drainage works as defined under the Drainage Act. Under the Act, a drainage works is defined as a drain constructed by any means, including the improving of a natural watercourse, and includes works necessary to regulate the water table or water level within or on any lands or to regulate the level of the waters of a drain, reservoir, lake or pond, and includes a dam, embankment, wall, protective works or any combination thereof. To be a municipal drain, there must be a municipal by-law that adopts an engineer s report that
November 30, 2016 Page 9 of 29 defines the drainage system and states how the cost of the system is to be shared among property owners. Municipal drains also meet the definition of a watercourse contained within the Conservation Authorities Act. UTRCA staff and Municipal Drainage Superintendents must work together to achieve compliance related to Drainage Act and the Conservation Authorities Act approvals. In recent years UTRCA staff have had multiple instances where an alteration to a watercourse/municipal drain has occurred and municipal staff are deferring to Conservation Authority staff and the Regulation made pursuant to the Conservation Authorities Act to seek restoration, permission etc. However, in many of these instances we would suggest that the unauthorized alteration of a municipal drain should fall to the enforcement role of the municipality. In some cases it would still fall to the responsibility of the Conservation Authority and sometimes to enforcement staff of both groups. In the interest of all parties (education, partnership building and the protection of proper drainage, water quality and the environment) we suggest that initial investigations of complaints and/or potential violations should be jointly attended by municipal enforcement staff and/or municipal drainage superintendents as well as staff of the Conservation Authority. The description for Enforcement of the Drainage Act is found in Appendix V of the above referenced document: Once a drainage system has been constructed under the Drainage Act, the municipality has a responsibility to manage the system on behalf of the community of landowners in the watershed of the drain. If someone has blocked a municipal drain, the Drainage Act provides the municipality the authority to order the removal of that blockage and, if the work is not completed within the time allowed, to remove the blockage and place the costs on the tax roll of the property owner. The Act also provides the municipality with the right to take legal action against anyone who damages a municipal drain. Some recent works have involved the installation of dams, water control structures and the excavation of large on-line ponds all in the absence of municipal or UTRCA approvals. Aside from blockages, we are looking to municipal drain/by-law enforcement staff to ensure that unauthorized municipal drain works are in keeping with the design and specifications as outlined in the Engineer s Report for the Drain. Modern Engineering Reports prepared under the Drainage Act include other features that are important to water quality, quantity, erosion prevention, protection of wetlands and protection of other Natural Heritage resources. Many of these features (such as grassed swale systems and buffer systems) identified in the reports, are to be maintained as part of the drain, but are increasingly being cropped by individual landowners at the expense of water quality and soil retention. Municipal drain sections identified as open channels on engineering reports are being tiled/piped without approvals from either agency and are not in keeping with the approved Engineering Report design.
November 30, 2016 Page 10 of 29 In the shared interests of proper drainage and protection of water quality and the greater environment, UTRCA is asking for assistance when it comes to the enforcement of unauthorized works associated with municipal drains. Conservation Authority Staff encourage ongoing communication with our watershed municipalities and their designated drainage superintendents. We are open to suggestions on how to improve education and/or enforcement including cross-training of our staff, jointly conducted workshops for municipal staff, municipal councils, drainage contractors for the municipality or the general public. Please feel free to contact the Manager of Environmental Planning and Regulations, Tracy Annett (Phone 519.451.2800 x 253) or e-mail: annettt@thamesriver.on.ca to discuss this issue further. Yours Truly, UPPER THAMES RIVER CONSERVATION AUTHORITY Murray Blackie, Chair c.c. Tracy Annett, UTRCA (via email annettt@thamesriver.on.ca )
November 30, 2016 Page 11 of 29 FYI October 2016 Thank you to staff from Andrew L. Hodges Funeral Home in St. Marys and Pastor Richard Hryniw for participating in the memorial tree program. Thanks also to Board Member Ray Chowen for representing the UTRCA at the dedication service. The Mill Pond Committee with the new sign. (Photo: M. Kanter) Welcome to the Frog Pond! The Mill Pond Committee worked with Grade 5/6 students from Northdale Central in Dorchester to create a new, educational sign for the Dorchester Mill Pond. Entitled Welcome to the Frog Pond, the sign displays student artwork and messages about the importance of protecting our frogs and environment. The sign was designed and installed by UTRCA staff. Before creating the artwork and messages for the sign, students participated in a frog and turtle educational program delivered by UTRCA Species at Risk Biologist, Scott Gillingwater, and completed independent research about the life cycle and habitats of frogs. Funding for this project was provided by TD Friends of the Environment Foundation and the Ontario Trillium Fund. The project is part of the five year Eco Trail Plan for the Dorchester Mill Pond. Contact: Karlee Flear, Community Partnerships Specialist Memorial Forest Dedication Services The UTRCA is involved in five memorial forests across the watershed. These forests provide comfort to grieving families by creating a lasting, natural tribute to loved ones. St. Marys and Area Memorial Forest More than 180 people attended the dedication service for the St. Marys and Area Memorial Forest on Sunday, August 28 at Wildwood Conservation Area. Everyone at the service helped plant one symbolic sugar maple tree. The actual memorial trees are planted each spring on Line 13, south of County Road 9. Furtney Memorial Forest More than 200 people visited Fanshawe CA for the 24 th annual memorial forest dedication service on Sunday, September 25. A white oak tree was planted to represent all the trees planted in memory of a loved one. There were 233 memorial trees planted in Fanshawe CA in the spring. Since the program began in 1992, almost 8000 trees have been planted throughout London. Thank you to the Fanshawe CA staff and to the staff at Evans and Logan Funeral Homes for their valued contributions to this service. The Furtney Memorial Forest site on Sunningdale Road east. City of Woodstock Memorial Forest Pittock CA hosted the annual dedication service for the Woodstock Memorial Forest on Sunday, October 2. There were 200 people present to help plant a symbolic sycamore tree. Nearly 300 native trees were planted in the spring in the memorial forest, which is located south of Pittock Reservoir and west of County Road 4. Thank you to Mayor Trevor Birtch, who represented the UTRCA Board of Directors at the service, the staff of Brock and Visser Funeral Home Burial and Cremation Services, and Pittock CA staff, who prepared the site. Contact: Karen Pugh, Resource Specialist 1
November 30, 2016 Page 12 of 29 Waiting out the rain at the North London Athletic Fields. Students plant aquatics along the stream through the golf course. Aquatics and Wildflowers in Dorchester This past spring, 500 aquatic plants and 1400 wildflowers were planted in the Dorchester watershed. Students from the Environmental Leadership Program at Catholic Central High School planted the aquatics along the stream at the Dorchester Golf Club. Grade 3-5 students from St. David Catholic Elementary planted the wildflowers at the intersection of Dorchester Road and Catherine Street. Before planting, students learned about the importance and benefits of planting native aquatics and wildflowers in our watershed. Funding for the Dorchester planting project was provided by Environment and Climate Change Canada. Contact: Karlee Flear, Community Partnerships Specialist TD Tree Days TD Tree Days started in 2010 and is TD s flagship urban greening program. The UTRCA worked with TD staff to coordinate 10 TD Tree Day events in September and October. TD employees, friends and families planted 2800 native trees and shrubs in the UTRCA watershed. TD Stoneybrook site leader Justin Lemoyne explains the benefits of tree planting. Fanshawe Conservation Area On Wednesday, September 14, 27 TD employees planted 150 native trees and shrubs on the shores of Fanshawe Reservoir. The trees are planted in a naturalized area that will provide a buffer to the lake. Buffers filter pollutants, improve water quality, provide food and shelter to wildlife, and create shade. Thanks to Fanshawe CA staff for helping coordinate this project. North London Athletic Fields Despite rainy weather, 100 people planted 900 native trees and shrubs on the morning of Saturday, September 10 at the North London Athletic Fields. Thank you to the City of London Environmental and Parks Planning Division for providing areas to naturalize in London. Stoneybrook Recreation Fields, London Humid, windy and hot conditions did not deter 36 people from getting 450 native trees and shrubs in the ground on the afternoon of Saturday, September 10. This site is adjacent to the Thames River, and the trees will be a welcome buffer. Participants also enjoyed seeing an osprey, which nested nearby, soaring overhead. Team building is an integral part of the TD planting events. 2
November 30, 2016 Page 13 of 29 Ingersoll John Lawson Park is now home to 150 new trees and shrubs, planted by a dedicated group of 10 people on the morning of a hot Sunday, September 18. Thank you to the Town of Ingersoll for supporting this project, in partnership with TD. Mitchell Forty people enjoyed great weather as they planted 150 trees at the Husky Flats in Mitchell on the morning of Saturday, September 24. Species included elderberry, chokecherry, hackberry, nannyberry, sycamore, white spruce and white cedar. These trees are in addition to a TD planting in Mitchell in 2015, helping to increase natural vegetation cover along Whirl Creek. Thank you to the Town of Mitchell for supporting the project. TD employees planting along Stoney Creek. Stoney Creek Watershed, London On the morning of Friday, September 16, 90 TD employees planted 450 trees and shrubs along Stoney Creek, west of Stackhouse Drive in London. The Stoney Creek watershed is undergoing a lot of development activities and these trees will help to create a buffer. The City of London is expanding the popular trail system along the creek for people who want to enjoy the natural surroundings. The City s Environmental and Parks Planning Division is instrumental in providing sites that will benefit from tree planting, and accommodate the large numbers of TD volunteers. A lot of good environmental work is accomplished in a short time! Dorchester The last TD Tree Day event in the UTRCA watershed this year was held on the afternoon of Sunday, October 2 at Dorchester s Outdoor Recreation Complex. There were 17 people on hand to plant 200 native trees and shrubs along the Harris Trail. Thank you to the Municipality of Thames Centre for partnering with TD and the UTRCA for the project. Contact: Karen Pugh, Resource Specialist Job well done: TD employees, family and friends at the St. Marys site. St. Marys Thanks to 20 adults and children who didn t let rain and high humidity bother them, 150 new trees and shrubs were planted at Wildwood Conservation Area on the morning of Saturday, September 17. Thank you to the Wildwood CA and Community Education staff who helped make the day a success. The trees were planted in a naturalized part of the day use area and will ultimately benefit water quality in Wildwood Reservoir. Reduced mowing, increased plant diversity, more shelter and sources of food for wildlife, and aesthetic value are all good reasons for tree planting projects like TD Tree Days. The new dreamfish mural at Storybook Gardens. Children s Water Festival - Stream of Dreams A display of wooden fish from the 2016 London-Middlesex Children s Water Festival was installed in London s Storybook Gardens on the Thames Valley Parkway this past June. The colorful mural of dreamfish was installed by the festival Organizing Committee. 3
November 30, 2016 Page 14 of 29 The fish were painted by students as part of the Stream of Dreams program, an activity station at the festival. The program s goal is to teach students about their connections to water and fish habitat and how they can make changes to protect our streams, rivers and lakes. The dreamfish mural is a beautiful reminder to the community that all drains lead to fish habitat. Contact: Karlee Flear, Community Partnerships Specialist On the Agenda The next UTRCA Board of Directors meeting will be October 25, 2016. Agendas and approved board meeting minutes are posted at www.thamesriver.on.ca; click on Publications. Board Members Tour of Pittock Conservation Area Delegation - Friends of Pittock Ingersoll Delegation Response Report Planning and Regulations Capacity Budget Implication Administration and Enforcement - Section 28 Rental House Rates Contact: Michelle Viglianti, Administrative Assistant www.thamesriver.on.ca 519-451-2800 Twitter @UTRCAmarketing Find us on Facebook! 4
November 30, 2016 Page 15 of 29 MEMO To: From: UTRCA Board of Directors Tracy Annett Date: October 12, 2016 Agenda #: 10a) Subject: Response to Ingersoll Delegation Filename: P:\Users\annettt\Docume nts\groupwise\3955-1.doc RECOMMENDATION THAT staff be directed to meet with representatives from the Town of Ingersoll to further explain: The Conservation Authorities delegated responsibilities with regard to Natural Hazards as outlined in Section 3.1 of the Provincial Policy Statement (PPS); The Two-Zone / Flood Fringe and Special Policy Areas application consistent with the Technical Guide: River and Stream Systems: Flooding Hazard Limit (MNRF, 2002) and provide additional policy information; The status of updating Flood Line mapping for the Town of Ingersoll and how this information will be used to inform policy once the update is completed; and How Environmental Planning & Regulations staff capacity is proposed to be increased in 2017. BACKGROUND During the September Board of Directors meeting, a delegation represented by Bill Tigert, CAO of the Town of Ingersoll and Bob Freeman, Deputy Mayor was heard. Two key issues were presented: 1) Request that the UTRCA allow flexibility to permit additional development within flood prone areas. It was explained that the Town of Ingersoll has difficulty achieving safe access requirements within flood fringe areas. Their request is that the UTRCA accept new technologies and concepts to meet access requirements (solar power for shelter in place approaches and elevated causeways for pedestrian access to be achieved) or through identifying special policy areas consistent with the policy approach implemented by the City of London and the Town of St. Marys. 2) Consistent with the recommendations of the Conservation Authorities Act review, the Town supports additional staffing capacity for timely reviews of applications. DISCUSSION The Town of Ingersoll is uniquely situated with the South Thames flowing through the municipality and 5 watercourses emptying into the South Thames. As a result, a significant portion of the Town is regulated under Section 28 of the Conservation Authorities Act. Policies contained within the UTRCA s Environmental Planning Policy Manual (June 2006) and the Provincial Policy Statement (MMAH, 2014) generally direct new development away from hazard lands. 1
November 30, 2016 Page 16 of 29 Flood Fringe Two-Zone Concept The delegation expressed concern about the ability to meet the requirements for safe vehicle and pedestrian access as required to permit development within flood fringe areas. The Provincial Policy Statement (2014) provides the following direction: 3.1.6 Where the two zone concept for flood plains is applied, development and site alteration may be permitted in the flood fringe, subject to appropriate floodproofing to the flooding hazard elevation or another flooding hazard standard approved by the Minister of Natural Resources. 3.1.7 Further to policy 3.1.6, and except as prohibited in policies 3.1.2 and 3.1.5, development and site alteration may be permitted in those portions of hazardous lands and hazardous sites where the effects and risk to public safety are minor, could be mitigated in accordance with provincial standards, and where all of the following are demonstrated and achieved: a) development and site alteration is carried out in accordance with floodproofing standards, protection works standards, and access standards; b) vehicles and people have a way of safely entering and exiting the area during times of flooding, erosion and other emergencies; c) new hazards are not created and existing hazards are not aggravated; and d) no adverse environmental impacts will result. The Town of Ingersoll undertook the 1991 Floodway Study (prepared by Cumming Cockburn). Policies are in place to permit redevelopment of areas identified as flood fringe, provided that floodproofing measures are acceptable and, depending on the proposed use, that safe or dry access (both ingress and egress) can be achieved. These policies are consistent with the Provincial Policy Statements as they have evolved over time (released in 1996, 1997, 2005 and 2014). In addition, these requirements are consistent with the Policies of the Oxford County Official Plan Section 3.2.8.1.2 and Town of Ingersoll Zoning By-Law Section 5.32. The Ingersoll Flood Fringe Area is shown: http://www.oxfordcounty.ca/portals/15/docu ments/caspo/officialplan/op/schedules/i- 5.pdf The approaches proposed by the delegation to apply new technologies are not supported by Provincial Policy, as the PPS specifically states: vehicles and people have a way of safely entering and exiting the area during times of flooding, erosion and other emergencies. Shelter in place and/or access via raised pedestrian walkways would not meet the requirements for vehicular access as outlined in The Technical Guide River & Stream Systems: Flooding Hazard Limit (MNRF, 2002) and can be found online at: http://www.renaud.ca/public/environmental- Regulations/MNR%20Technical%20Guide%20Flooding%20Hazard%20Limit.pdf This technical guide is used by Conservation Authorities across the province to implement flooding hazard policies consistent with the PPS. Land use planning decisions made by municipalities must be consistent with the Provincial Policy Statement. 2
November 30, 2016 Page 17 of 29 In addition to not meeting the requirements of the PPS, the Town s proposal is not consistent with UTRCA policies or those contained in the County of Oxford Official Plan and the Town of Ingersoll Zoning By-law. Where the Two Zone policies are not considered feasible or practical, a Special Policy Area flood plain management approach may be considered. Special Policy Areas (SPAs) Special Policy Areas have historically been used in limited circumstances, generally in areas within existing built up areas. The Special Polices allow for the continued viability of existing uses where there would be significant social and economic hardships to a community that would result for strict adherence to provincial polices concerning development (MNRF, 2009). The delegation representatives mentioned that polices applied in the City of London and the Town of St. Marys are not as stringent. The Coves Area in the City of London and areas within the Town of St. Marys have approved SPA policies in place. These polices recognize existing historic neighborhoods and do not permit changes in land use that would increase residential uses within these flood prone areas among other requirements. The SPAs must be approved by both the Ministry of Natural Resources and Forestry (MNRF) and the Ministry of Municipal Affairs and Housing (MMAH) because they reflect a relaxation in the Flood Plain policies. The Procedures for Approval of New Special Policies Areas (SPAs) and Modifications to Existing SPAs under the Provincial Policy Statement, 2005 (PPS, 2005), Policy 3.1.3 Natural Hazards-Special Policy Areas were updated in January 2009. The revised Appendix 5 is included at the link below: https://www.caledon.ca/en/townhall/resources/policyprojects_bolton_technicalguide.pdf The Town of Ingersoll delegation indicated that they would like to pursue additional residential development options on vacant lands. This would not be consistent with the intent of the SPA policies however, the UTRCA can assist to initiate the pre-consultation process with the MMAH to discuss the merits of an application within the Town. This preliminary discussion is intended to assist in clarifying any confusion regarding the process and may eliminate the need for proceed with certain applications. Normally the pre-consultation discussion includes MNRF and Conservation Authority representatives. Updated Flood Line Mapping Flood plain maps produced for the Town s Flood Fringe area were created in 1991. The UTRCA is currently working towards updating its flood plain mapping, including that for the Town of Ingersoll. Updated mapping will provide the Town with contemporary information to inform decision making within flood prone areas. Capacity in Land Use Planning and Regulations The UTRCA recognizes the need for additional staff capacity in order to assist its municipal partners with educating and informing landowners about the risks associated with Natural Hazards. Added capacity would allow us more opportunities to attend council meetings, update our policy manual, provide improved communication through our website etc. Item 10b) is a Report to the Board of Directors which outlines how additional capacity can be achieved for the 2017 Budget. Authority Staff would be pleased to meet with representatives of the Town of Ingersoll to review the applicable policies. It should be noted however, that any changes proposed would require an Official Plan Amendment to the County of Oxford Official Plan and the amendment would require approval from the Ministry of Municipal Affairs and Housing. These discussions should include county planning staff and planners from MMAH. 3
November 30, 2016 Page 18 of 29 PREPARED AND RECOMMENDED BY: Tracy Annett, MCIP, RPP, Manager Environmental Planning and Regulations 4
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November 30, 2016 Page 22 of 29 MEMO To: From: Chair and Members of the UTRCA Board of Directors Tracy Annett, Manager Environmental Planning and Regulations Date: October 12, 2016 Agenda #: 11 (a) Subject: Administration and Enforcement Sect. 28 Status Report Development, Interference of Wetlands and Alteration to Shorelines and Watercourses Regulation Filename: Document ENVP 3974 This report is provided to the Board as a summary of staff activity related to the Conservation Authority s Development, Interference of Wetlands and Alterations to Shorelines and Watercourses Regulation (Ont. Reg. 157/06 made pursuant to Section 28 of the Conservation Authorities Act). The summary covers the period from September 15 to October 12, 2016. Application #88/16 Municipality of Middlesex Centre Oxbow Drain - one proposed spot cleanout on a Class E drain - UTRCA permit, signed notification form, and SCR for spot cleanouts issued September 21, 2016 Application #162/16 Township of Perth South Good Drain - proposed bottom cleanout of 1500 metres of a Class C drain - spot cleanouts requested due to the length of the cleanout request - UTRCA permit, signed notification form, and SCR for bottom and spot cleanouts issued September 21, 2016 Application #165/16 Trevalli Homes Ltd. Lot 3, Wedgewood Drive City of Woodstock -proposed single family residence and attached garage adjacent Sally Creek. -site plans prepared by Van Harten Surveying Inc. in accordance with approved subdivision plan. -staff approved and permit issued September 23, 2016. Application #166/16 Wayne Feltz Part Lot 2, Concession 1 Municipality of West Perth -proposed addition to existing agricultural implement shed.
November 30, 2016 Page 23 of 29 -plans prepared by Chris Blake of Blakestyle Design and Drafting Inc. with a requirement for as-built survey and/or drawings confirming final floor elevation. -staff approved and permit issued September 23, 2016. Application #172/16 2047790 Ontario Limited Canvas Way City of London -lot grading associated with third phase of Powell Farm Subdivision -engineering drawings prepared by Development Engineering (London) Limited -staff approved and permit issued September 28, 2016 Application #174/16 Union Gas Limited Sunningdale Road at Highbury Avenue City of London -approval required for integrity dig adjacent to Stoney Creek tributary -stream crossing review details with erosion/sediment control plans submitted in support of project -staff approved and permit issued September 23, 2016 Application #175/16 Ivy Homes Limited 169 Wharncliffe Road North City of London -proposed construction of house addition in West London candidate Special Policy Area (SPA) -engineering drawings with floodproofing details prepared by D. C. Buck Engineering -staff approved and permit issued September 27, 2016 Application #177/16 Union Gas Limited Highway #59 Township of Norwich -proposed NPS 4 inch gas pipeline installation undercrossing Mud Creek Drain. -plans prepared by Union Gas Limited including hydro-fracture contingency plans as installation will be via high pressure directional drilling. -staff approved and permit issued September 29, 2016. Application #178/16 Scott Wheatley c/o Melchers Construction 11041 Oxbow Drive Municipality of Middlesex Centre -proposed two-storey garage addition with bedroom. -plans prepared by Melchers Construction Limited in accordance with project location and mitigation measures discussed on site between builder and UTRCA staff. -staff approved and permit issued September 28, 2016. Application #180/16 Wildwood Cottages/UTRCA Lot 35, Concession 13 Township of Zorra -proposed private cottage road culvert installation (twinning existing pipe) and road grading crossing an unnamed tributary to the Wildwood Reservoir. -plans prepared by Brad Glasman of the UTRCA. -staff approved and permit issued October 3, 2016.
November 30, 2016 Page 24 of 29 Application #182/16 Wildwood Sailing Club/UTRCA Lot 24, Concession 12 Gore Township of Perth South -proposed private sailing club road culvert installation and road grading crossing an unnamed tributary to the Wildwood Reservoir. -plans prepared by Brad Glasman of the UTRCA. -staff approved and permit issued October 3, 2016. Application #183/16 John Denstedt Part Lot 6, Concession 3 Municipality of Middlesex Centre -proposed wetland pond rehabilitation and installation of rock lined channel for erosion protection. -plans prepared by J. Denstedt in accordance with site specific project location details and mitigation measures discussed on site between landowner, staff of Ducks Unlimited Canada and staff of the UTRCA. -staff approved and permit issued October 3, 2016. Application #185/16 Union Gas Limited Lot 19, Concession 2 Township of Zorra -proposed pipeline (integrity shallow cover) remediation project adjacent Nissouri Creek. -plans prepared by Union Gas Limited. -staff approved and permit issued October 6, 2016. Application #186/16 General Motors of Canada Limited 300 Ingersoll Street Town of Ingersoll -proposed stormwater run-off control project including grassed swales, rip-rap protection, rock check dams and revegetation with native grasses and shrubs associated with construction of a new gravel parking lot on the north side of the existing General Motors CAMI Plant. -plans prepared by CH2M HILL Canada Limited. -staff approved and permit issued October 4, 2016. Application #190/16 Kathryn Anne Naus 216 Rathowen Street City of London -permit required for construction of house addition within West London candidate SPA -engineering drawings with floodproofing details prepared by D. C. Buck Engineering -staff approved and permit issued October 12, 2016 Status Report Unauthorized Fill Placement, Site Grading/Alteration and Interference with a Wetland Part Lot 16, Concession 3ND Municipality of Thames Centre Following a complaint from Municipal Staff, UTRCA staff attended a site visit to the subject property and noted fresh fill placement and site grading/alteration in an area identified as Provincially Significant Wetland (PSW) and the Area of Interference of a Wetland. We further note works were occurring in a woodland identified as being Significant in the Middlesex County Natural Heritage Study. A violation letter has since been issued (October 7, 2016) to the landowner and staff are waiting to arrange a site visit to discuss restoration measures. UTRCA staff will continue to monitor this project.
November 30, 2016 Page 25 of 29 Status Report Unauthorized Watercourse Enclosure, Filling and Site Grading Part Lot 19, Concession 1N Township of Zorra After previously being advised, both verbally and in writing, of the need for written pre-approval (permits) from the Conservation Authority, the landowner went ahead and piped/enclosed the watercourse on the property and filled in the associated valley land in the absence of said approval(s). Charges were subsequently laid under the Conservation Authorities Act. Months after being charged, the landowner then proceeded to petition under the Drainage Act to have the unauthorized watercourse enclosure incorporated as a municipal drain. The Conservation Authorities Act matter went to trial in 2015 with the court finding the landowner guilty of all charges. A Sentencing Hearing was held in February of 2016 where the landowner was fined $20,000 with an order to rehabilitate the site to the satisfaction of the Conservation Authority by December 31, 2016. The landowner has appealed that decision. Landowner has also appealed to the Court of the Drainage Referee to have the unauthorized watercourse enclosure approved under the Drainage Act. UTRCA staff have a site meeting scheduled for later this month with the landowner, County staff and the Drainage Engineer appointed by the Township to discuss options that may satisfy all parties. UTRCA staff will continue to monitor this project. Reviewed by: Prepared by: Tracy Annett, MCIP, RPP, Manager Environmental Planning and Regulations Karen Winfield Land Use Regulations Officer Mark Snowsell Land Use Regulations Officer Cari Ramsey Env. Regulations Technician
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November 30, 2016 Page 27 of 29 LOCATION PROPERTY 2015 PER MONTH RENTAL FEE 2014 + 1.6% 2016 PER MONTH RENTAL FEE 2015 + 2.0% 2017 PER MONTH RENTAL FEE 2016 + 1.5% WILDWOOD C.A. #1 Township of Perth South, Downie Ward Lot 24 $648.00 (638. + 10.20) $660.00 (648. + 12.96) $669.00 (660.00 + 9.90) GLENGOWAN AREA #2 Township of Perth South, Blanshard Ward Con. 15, Lot 3 $657.00 (647. + 10.35) $670.00 (657. + 13.14) $680.00 (670.00 + 10.05) #3 Township of Perth South, Blanshard Ward Con. 15, Lot 2 $108.22 (106.52 + 1.70) $110.38 (108.22 + 2.16) $112.04 (110.38 + 1.66) #4 Township of West Perth, Fullarton Ward Con. EMR, Lot 30 $680.00 (670. + 10.72) $693.00 (680. +13.60) $703.00 (693.00 + 10.40) #5 Township of West Perth, Fullarton Ward Con. 17, Lot 25 $618.00 (609. + 9.74) $630.00 (618. + 12.36) $639.00 (630.00 + 9.45) Total Monthly Increase = $39.66 2017 Annual Rental House Revenue Increase will be $475.92. ($39.66/mo. X 12 mo. = $475.92)
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