COUNCIL AGENDA Tuesday, August 27 , 2013 … · 7:00 p.m. Committee of Adjustment MV-03-13,...

COUNCIL AGENDA

Tuesday, August 27th, 2013 Immediately following the public meetings

Lanark Highlands Municipal Office - 75 George Street, Lanark, Ontario Council Chambers

7:00 p.m. Committee of Adjustment MV-03-13, MV-04-13

Council Meeting, immediately following Committee of Adjustment Chair, Mayor Peter McLaren 1. CALL TO ORDER 2. PLAYING OF “O CANADA”

3. DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF

4. APPROVAL OF AGENDA

Suggested Motion by Deputy Mayor Brian Stewart: “THAT, the agenda be adopted as presented.”

5. APPROVAL OF COUNCIL MINUTES Suggested Motion by Councillor Tom Lalonde: “THAT, the minutes of the Lanark Highlands Township Council meetings held on June 25th, 2013 be approved as circulated.”

6. DELEGATIONS & PRESENTATIONS

None.

7. COMMUNICATIONS

None.

of 39

REPORTS

5-8 i) Committee of the Whole: August 6th, 2013 Meeting Chair, Councillor Ken Sinclair.

Suggested Motion by Councillor Ken Sinclair: “THAT, the thirteenth (13th) Report of the Committee of the Whole for 2013 be adopted as presented.”

9-12 ii) Committee of the Whole: August 13th, 2013 Meeting Chair, Councillor Ken Sinclair Suggested Motion by Councillor Ken Sinclair: “THAT, the fourteenth (14th) Report of the Committee of the Whole for 2013 be adopted as presented.”

9. MOTIONS

None.

10. BY-LAWS

13-21 i) By-Law No. 2013-1237: being a By-law to enter into a site plan agreement Part of Lot 14, Concession 7, Geographic Township of Dalhousie

Suggested Motion by Councillor Bob Sutcliffe: “THAT, By-Law No. 2013-1237, being a by-law to enter into a site plan agreement, be read a first, and second time.” Suggested Motion by Councillor Bob Sutcliffe: “THAT, By-Law No. 2013-1237, being a by-law to enter into a site plan agreement, be read a third time, passed and signed by the Mayor and Clerk.”

22-30 ii) By-Law No. 2013-1238: being a By-law to enter into a site plan agreement

Part of Lot 13, Concession 3, Geographic Township of Lanark

Suggested Motion by Deputy Mayor Brian Stewart: “THAT, By-Law No. 2013-1238, being a by-law to enter into a site plan agreement, be read a first, and second time.” Suggested Motion by Deputy Mayor Brian Stewart: “THAT, By-Law No. 2013-1238, being a by-law to enter into a site plan agreement, be read a third time, passed and signed by the Mayor and Clerk.”

of 39

37 iii) By-Law No. 2013-1239: being a By-law to authorize the execution of a use

agreement for the Watsons Corners Community Centre

Suggested Motion by Councillor Bob Mingie: “THAT, By-Law No. 2013-1239, being a by-law to authorize the execution of a use agreement for the Watsons Corners Community Centre, be read a first, and second time.” Suggested Motion by Councillor Bob Mingie: “THAT, By-Law No. 2013-1239, being a by-law to authorize the execution of a use agreement for the Watsons Corners Community Centre, be read a third time, passed and signed by the Mayor and Clerk.”

11. NEW/OTHER BUSINESS

i) County of Lanark Update(s) (verbal).

Mayor Peter McLaren and Deputy Mayor Brian Stewart.

A copy of the County’s Agendas and Minutes can be found on the County website at the following link: http://www.county.lanark.on.ca/Page418.aspx

Suggested Motion by Councillor Tom Lalonde: “THAT, the County of Lanark Update(s) (verbal) be received for information.”

12. NOTICE OF MEETINGS

Committee of the Whole: 2:30 p.m. Tuesday, September 3rd, 2013

Committee of the Whole: 2:30 p.m. Tuesday, September 17th, 2013

Council: 7:00 p.m. Tuesday, September 24th, 2013

13. QUESTIONS/COMMENTS FROM THE PUBLIC 14. IN-CAMERA ITEMS

None.

15. CONFIRM COUNCIL PROCEEDINGS

37-38 i) By-Law No. 2013-1240: Confirmation By-Law

of 39

http://www.county.lanark.on.ca/Page418.aspx�

Suggested Motion by Councillor Derek Love: “THAT, By-Law No. 2013-1240, being a by-law to confirm the proceedings of the Council meeting held on August 27th, 2013, be read a first and second time.” Suggested Motion by Councillor Derek Love: “THAT, By-Law No. 2013-1240, being a by-law to confirm the proceedings of the Council meeting held on August 27th, 2013, be read a third time, passed and signed by the Mayor and Clerk.”

16. DEFERRED ITEMS

*The following items will be discussed at the next and/or future meeting: • None at this time.

17. ADJOURNMENT Ross Trimble, Peter McLaren, CAO/Clerk Mayor

of 39

THIRTEENTH

REPORT OF THE COMMITTEE OF THE WHOLE August 6th, 2013

To the Members of Lanark Highlands Township Council. We, the Members of your Committee of the Whole beg leave to report Section “A” as information and Section “B” as follows: General “A” 1. Approval of Agenda

“B” 1. RESOLUTION #COW-2013-188 “THAT, the agenda be adopted as presented.”

“A” 2. Approval of Minutes

“B” 2. RESOLUTION #COW-2013-189

“THAT, the minutes of the Committee of the Whole Committee meeting held on June 18th, 2013 be approved as circulated.”

“A” 3. Delegations & Presentations

i) Recreational considerations for unmaintained road allowances, Alice Gilchrist ii) Middleville Subdivision Presentation, Margo Fulford “A” 4. Communications

i) Planning Approval Authority Status, County of Lanark Official Plan – Ministry of Municipal Affairs & Housing.

ii) Invitation to 10th Anniversary of Lanark County International Plowing Match iii) Request for support regarding the Emerald Ash Borer – Ontario Urban Forest Council

iv) Letter of Support regarding the Lac-Megantic rail disaster – Town of Port McNeil

of 39

Community Services

“A” 5. Information on Municipal Signage “B” 5. RESOLUTION #COW-2013-191

“THAT, the Municipal signage draft on page 21 of the Agenda be approved and accepted; AND THAT, a Request for Proposal be opened for the development of these signs.”

Corporate Services

“A” 6. Discussion on MVC Property at 4175 Highway 511 Building, Planning & Protective Services “A” 7. Report #CBO-08-2013 Building Department Report – June 2013 “A” 8. Update and Discussion on Middleville Subdivision

“A” 9. Report on Appeal on Committee of Adjustment Decision Minor Variance – MV-02-13 (verbal)

“A” 10. Discussion on Bucci Road Allowance Proposal “A” 11. Report of the Police Services Board (verbal) “A” 12. Report of the Lanark County Association of Police Services Board (verbal) “A” 13. Report of Lanark Highlands Fire Service (verbal) “B” 13. RESOLUTION #COW-2013-196

“THAT, the Report of the Lanark Highlands Fire Service (verbal) be received for information; AND THAT the Fire Chief develops a report and meets with County staff to discuss the concerns surrounding the Ambulance Assist agreement.”

“A” 14. Report #FS-08-2013 Realignment of Fire Service Duties “B” 14. RESOLUTION #COW-2013-197 “THAT, Report #FS-08-2013 be received as information and that Council approve the realignment in the Lanark Highlands Fire Service.”

of 39

Public Works & Waste Management Committee “A” 15. Report #PW-19-2013 Award of Plow Truck Tender “B” 15. RESOLUTION #COW-2013-198

“THAT, Council gives the Mayor and Clerk the authority to sign the Contract with Tallman Truck Centre for the cab and chassis Contract #PW 2013-19.”

“A” 16. Report #PW-20-2013 Active Farming Area Signage “A” 17. Discussion on Lanark County Posted Speed Survey “B” 17. RESOLUTION #COW-2013-199

“THAT, Council approves the speed limit change on Watson’s Corners Road from 60km/h to 80 km/h with the exception of the portion from Hall Shore Drive to 50m past the Fire Services water fill station.”

In-Camera Items

“A” 18. CONFIDENTIAL: Litigation – Township of Lanark Highlands Official Plan Appeal “B” 18. RESOLUTION #COW-2013-200

“THAT, the Committee move “in camera” at 4:42 p.m. to address a matter pertaining to litigation regarding the appeal of the Township’s Official Plan;

AND THAT, the CAO/Clerk, Planning Administrator/Deputy Clerk, the Township Solicitor Alan Cohen and the Township Planning Consultant Doug Grant remain in the room.”

RESOLUTION #COW-2013-201

“THAT, the Committee returns to regular session at 5:24 p.m.”

“A” 19. CONFIDENTIAL: Property – MVC Property at 4175 Hwy. 511 “B” 19. RESOLUTION #COW-2013-202

“THAT, the Committee move “in camera” at 5:25 p.m. to address a matter pertaining to a proposed or pending acquisition of land by the municipal or local board;

AND THAT, the CAO/Clerk, and Planning Administrator/Deputy Clerk, remain in the room.”

of 39


“THAT, the Committee returns to regular session at 5:40 p.m.” New/Other Business “A” 20. Staff Golf Day

“A” 21. Updated HR Policy All of which is respectfully submitted by: Ken Sinclair Direction by the Mayor: Council may remove items in Section “B” to be voted on separately prior to introducing a motion to accept the report in its entirety.

Moved and Seconded by: ____________________ _______________________ Moved By: Seconded By Adopted this 27th, day of August 2013 _____________________ _______________________ Peter McLaren, Mayor Ross Trimble, Clerk

of 39

FOURTEENTH

REPORT OF THE COMMITTEE OF THE WHOLE August 13th, 2013

To the Members of Lanark Highlands Township Council. We, the Members of your Committee of the Whole beg leave to report Section “A” as information and Section “B” as follows: General “A” 1. Approval of Agenda

“B” 1. RESOLUTION #COW-2013-204 “THAT, the agenda be adopted as amended.”

“A” 2. Approval of Minutes


“THAT, the minutes of the Committee of the Whole Committee meeting held on August 6th, 2013 be approved as circulated.”

“A” 3. Delegations & Presentations

i) Introduction of Attendees

ii) Ontario Trillium Grant Presentation iii) Update on Darling/ White Lake Community Centre

“A” 4. Communications

i) Request to share surveying costs 9th Concession B, Forced Road, West

Half Lot 24, Concession 9, Geographic Township of Lanark – Ken Bennett


“THAT, Council supports the request to share surveying costs for the forced road located at 9th Concession B.”

ii) Request to Waive Fees, 2988 Elphin Maberly Road – Rita and Mark

Davidson


of 39

“THAT, Council supports the request to waive the fees associated with the fire at 2988 Elphin Maberly Road.”

iii) Handcar Races for Breast Cancer

Community Services

“A” 5. Draft Use Agreement for the Watsons Corners Community Centre


“THAT, the draft use agreement for the Watsons Corners Community Centre be brought forward to the regular Council meeting on August 27th, 2013 for approval.”

“A” 6. Report on Township Lapel Pins and Coffee mugs (verbal) “B” 6. RESOLUTION #COW-2013-210 “THAT, Staff be directed to proceed in purchasing lapel pins and coffee mugs as per the quotations.” “A” 7. Report on RFP for Concession Booth Operation, Lanark & District Community Centre “B” 7. RESOLUTION #COW-2013-211

“THAT, Report #Lanark and District Community Centre, Concession Booth Operation be received by the Committee of the Whole and the Committee of the Whole recommends the acceptance of the monthly rental fee of $525.00 from mid September 2013 until April 1, 2014 – Karianne Bell and Sonya Nichols.”

Building, Planning & Protective Services “A” 8. Report #CBO-09-2013 Building Department Report – July 2013 “A” 9. Report #PD-15-2013 Site Plan Application, 175 Dwyer Lane


“THAT the Committee of the Whole of the Township of Lanark Highlands recommend Council approval of the site plan control agreement for 175 Dwyer Lane.”

“A” 10. Report #PD-16-2013 Site Plan Application, 116 Fairs Lane “B” 10. RESOLUTION #COW-2013-214

of 39

“THAT the Committee of the Whole of the Township of Lanark Highlands recommend Council approval of the site plan control agreement for 116 Fairs Lane.”

“A” 11. Report #FS-09-2013 Removal of Unit 32 and Unit 62 from Service.

“B” 11. RESOLUTION #COW-2013-215 (DEFERRED)

“THAT, Report #FS-09-13 be received by the Committee of the Whole and that the committee review and approve the removal of Unit 32 in Joe’s Lake and Unit 62 in Watsons Corners from service.”

“A” 12. Report #PSB-01-2013 Award of Tender for Trailer Speed Sign “B” 12. RESOLUTION #COW-2013-216

“THAT, Report #Lanark Highlands Police Services Board 01-2013 - Speed Trailer be received by the Committee of the Whole and the Committee of the Whole recommends the acceptance of the tender of $10,276.65; plus applicable taxes - Davtech Analytical Services.”

Public Works & Waste Management Committee “A” 13. Discussion on Capital Projects Road Tour New/Other Business “A” 14. Questions from the Public

of 39

All of which is respectfully submitted by: Ken Sinclair Direction by the Mayor: Council may remove items in Section “B” to be voted on separately prior to introducing a motion to accept the report in its entirety.

Moved and Seconded by: ____________________ _______________________ Moved By: Seconded By Adopted this 27th day of August 2013 _____________________ _______________________ Peter McLaren, Mayor Ross Trimble, Clerk

of 39

THE CORPORATION OF THE TOWNSHIP OF LANARK HIGHLANDS

BY-LAW NO. 2013-1237

A BY-LAW TO ENTER INTO A SITE PLAN AGREEMENT (Jameson – FILE #SP-03/13)

WHEREAS, the Planning Act, R.S.O. 1990, Chapter P.12 Section 41, permits municipalities to pass bylaws to designate the whole or any part of the area covered by the Official Plan as Site Plan Control Area; AND WHEREAS, the Township of Lanark Highlands has an approved Official Plan; AND WHEREAS, the Council for the Township of Lanark Highlands enacted By-Law No. 2004-469, being a Site Plan Control By-Law to regulate development such as that proposed by John and Elaine O’Toole.; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Township of Lanark Highlands enacts as follows: 1. GENERAL REGULATIONS

1.1 THAT, the Mayor and Clerk are hereby authorized on behalf of the Corporation of the Township of Lanark Highlands to execute a Site Plan Control Agreement with John Michael Jameson and Nicola Rozan Jameson. (File #SP-03/13), attached hereto as Schedule “A”.

2. ULTRA VIRES

Should any sections of this by-law, including any section or part of any schedules attached hereto, be declared by a court of competent jurisdiction to be ultra vires, the remaining sections shall nevertheless remain valid and binding.

3. EFFECTIVE DATE ENACTED AND PASSED this 27th day of August, 2013.

_____________________ _____________________ Peter McLaren, Mayor Ross Trimble, Clerk

of 39

SITE PLAN CONTROL AGREEMENT

This Agreement made in duplicate this ________ day of ________________ 2011. BETWEEN:

John Michael Jameson and Nicola Rozan Jameson Hereinafter called the “Owner” of the first Part;

AND: The Corporation of the Township of Lanark Highlands,

Hereinafter called the “Municipality" of the second Part.

WHEREAS the Owner has applied to the Municipality in accordance with the Site Plan Control provisions of Bylaw No. 2004-469, to permit the development of the lands described in Schedule “A” attached hereto; AND WHEREAS the Owner has agreed with the Municipality to undertake, furnish and perform the works, material, matter and things required to be done, furnished and performed in the manner hereafter described in connection with the proposed use of the land and in conformity with the Zoning Bylaw; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of other good and valuable consideration and the sum of two dollars ($2.00) of lawful money of Canada now paid by the Owner to the Municipality, the receipt of which is hereby acknowledged, the Parties hereby agree as follows: 1. Statutes, Bylaws, Licenses, Permits and Regulations

The Owner undertakes and agrees that prior to the commencement of any development, redevelopment, site alteration, construction or other works, the Owner shall obtain all necessary permits and approvals required by the Government of Canada, the Province of Ontario or any agency hereof, the Municipality and any other affected agency. The Owner undertakes and agrees to comply with the requirements of all relevant municipal bylaws, provincial and federal statutes and regulations, permits, approvals or licenses in addition to the terms of this agreement.

2. Schedules

of 39

The Owner hereby agrees that prior written approval by the Municipality and/ or an amendment to a Schedule shall be required to any departure, change or modification from the Schedules.

The following list of schedules attached hereto are deemed to be and form part of this Agreement:

2.1 Schedule “A” – Legal Description of the Land to which this Agreement applies.

2.2 Schedule “B” – Site Plan.The Owner agrees to construct the proposed development in conformity in all respects with the specifications and plans set out in the approved plan.

2.3 Schedule “C” - Financial requirements. 2.4 Schedule “D” – Special Conditions.No buildings, site alteration or works shall be

erected on the lands other than those erected in conformity with Schedule “D”. 3. Land to Which this Agreement Applies

This Agreement is deemed to apply to the lands described in Schedule “A”. 4. Registration of Agreement and Commencement of Work

The Owner covenants that he/she/they shall not commence any development or site alteration whatsoever until this Agreement is registered on title against the land at the expense of the Owner.

5. Completion Date

The owner agrees to complete the work required under this Agreement within one (1) year of the date of the issuance of the building permit. Notwithstanding, if exceptional circumstances prevent the owner from complying with the requirements, the Municipality may extend the completion date.

6. Financial Requirements

6.1 The Owner covenants and agrees to pay to the Municipality by cheque, the charges and levies set out and designated as “cash requirements’ in Schedule “C” of this Agreement forthwith upon the execution of this Agreement unless otherwise specified and until the same are paid, they shall constitute a charge upon the land.

6.2 Before this Agreement is executed by the Municipality, the Owner shall deposit with the

Municipality an irrevocable Letter of Credit or other financial security acceptable to the Municipality to meet the financial requirements of this Agreement and designated as "Estimated Cost of Site Works” in Schedule “C”.

6.3 The value of the Security Requirements shall be maintained for the duration of this

Agreement including any renewal of the amount thereof.

of 39

6.4 The Owner acknowledges and agrees that failure to comply with any term or condition herein, may result in the Municipality taking such action as deemed appropriate to enforce compliance. The Municipality may authorize the use of the whole or any part of the amount of the financial security to pay the cost of any work that is deemed necessary by the Municipality to rectify default by the Owner or its assigns, or to pay the cost of any matter for which the Owner is liable under the terms of this Agreement.

7. Default

In the event of a default or for reasons of public safety, the Municipality may, at the expense of the Owner, enter upon the lands and do all such matters and things as may be required. Such costs, including overhead, shall be deemed to be recoverable from the Owner by invoice and may be recovered in like manner as municipal taxes pursuant to the Municipal Act.

8. Facilities and Work to be Provided and Maintained

The Owner covenants and agrees to provide and maintain, at his/her/their sole expense each and every facility, work or other matter illustrated on the Schedules to the satisfaction of the Municipality and to engage qualified professionals, where required, to design and carry forth any of the work undertaken under this Agreement. This shall include the restoration of any faulty workmanship or materials under in the construction.

9. Certificate of Compliance

Upon the satisfactory completion of all matters and things to be provided and maintained by the Owner pursuant to this Agreement, the Owner shall be entitled to obtain a Certificate of Compliance from the Municipality confirming that all provisions of this Agreement have been complied with in full to the date of such Certificate.

10. Occupancy

The Owner covenants and agrees that there shall be no occupancy of any building or structure on the land until the requirements of this Agreement have been complied with and the Municipality has issued an Occupancy Certificate.

11. Notice to Parties

Any Notice by any party to this agreement to another shall be given in writing and mailed or delivered to the Party:

11.1 In the case of the Municipality: To the Clerk of the Township of Lanark Highlands 75 George Street, P.O. Box 340 Lanark ON K0G 1K0

11.2 In the case of the Owner(s):

John Michael Jameson & Nicola Rozan Jameson 143 Bruyere Street, Ottawa, ON K1N 5E2

of 39

12. Severability

The terms of this agreement are severable, and the unenforceability of any part hereof shall not render the whole unenforceable. No forbearance or failure by the Municipality to strictly enforce any term or covenant herein shall prevent the Municipality from insisting upon strict compliance by the Owner subsequent to such forbearance or failure to strictly enforce its terms. The terms of this agreement may not be altered except by a subsequent agreement in writing between the parties.

13. Successors and Assigns

This Agreement shall enure to the benefit of and be binding upon the respective heirs, personal representatives, successors and assigns of each of the parties hereto.

14. Force and Effect

This Agreement comes into force after it has been executed by all parties hereto and registered against the title to the lands described in Schedule “A”.

IN WITNESS WHEREOF the Parties have hereunto set their hands and seals, corporate parties over the hand(s) of their duly authorized signing officers in that regard. WITNESS: OWNER: _______________________________ ____________________________ Signature Signature _______________________________ _____________________________ Signature Signature THE CORPORATION OF THE

TOWNSHIP OF LANARK HIGHLANDS _____________________________

Mayor (SEAL)

_____________________________

Clerk

of 39

SCHEDULE “A”

Legal Description to which this Agreement applies

PT LT 14 CON 7 DAL, RP27R9865, PART 1 ; TWP OF LANARK HIGHLANDS

of 39

SCHEDULE “B”

Site Plan

of 39

SCHEDULE “C”

Financial Requirements

Cash Requirements

a) Administration Fees- Township $ 500.00

b) Legal Fees and Disbursement $ 227.91 (Registration of agreement)

c) Engineering Fees $ N/A

d) Planning Fees (Deposit) $ 1,000.00

=================

Total Cash Requirements $ 1,727.91

a) Site Preparation, alteration, grading,

Estimated Cost of Site Works

drainage $________________

b) Site Servicing: sewage disposal system, well $________________

c) Landscaping $________________

d) Parking / Loading Areas, driveway, entrance $________________

e) Fencing, signs, garbage disposal, lighting $________________

f) Miscellaneous $________________

=================

Total Estimate Cost of Works $____NIL_________

Security Requirements The Owner shall provide financial security (i.e. letter of credit) to the Municipality in the amount

of 100% of the Estimated Cost of Works.

Total Security Requirement $____NIL_________

of 39

SCHEDULE “D”

Special Conditions

of 39


BY-LAW NO. 2013-1238

A BY-LAW TO ENTER INTO A SITE PLAN AGREEMENT (Marks – FILE #SP-02/13)

WHEREAS, the Planning Act, R.S.O. 1990, Chapter P.12 Section 41, permits municipalities to pass bylaws to designate the whole or any part of the area covered by the Official Plan as Site Plan Control Area; AND WHEREAS, the Township of Lanark Highlands has an approved Official Plan; AND WHEREAS, the Council for the Township of Lanark Highlands enacted By-Law No. 2004-469, being a Site Plan Control By-Law to regulate development such as that proposed by John and Elaine O’Toole.; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Township of Lanark Highlands enacts as follows: 1. GENERAL REGULATIONS

1.1 THAT, the Mayor and Clerk are hereby authorized on behalf of the Corporation of the Township of Lanark Highlands to execute a Site Plan Control Agreement with Mike and Theresa Marks. (File #SP-02/13), attached hereto as Schedule “A”.

2. ULTRA VIRES

Should any sections of this by-law, including any section or part of any schedules attached hereto, be declared by a court of competent jurisdiction to be ultra vires, the remaining sections shall nevertheless remain valid and binding.

3. EFFECTIVE DATE ENACTED AND PASSED this 27th day of August, 2013.

_____________________ _____________________ Peter McLaren, Mayor Ross Trimble, Clerk

of 39

SITE PLAN CONTROL AGREEMENT

This Agreement made in duplicate this ________ day of ________________ 2011. BETWEEN:

Michael and Theresa Marks Hereinafter called the “Owner” of the first Part;

AND: The Corporation of the Township of Lanark Highlands,

Hereinafter called the “Municipality" of the second Part.

WHEREAS the Owner has applied to the Municipality in accordance with the Site Plan Control provisions of Bylaw No. 2004-469, to permit the development of the lands described in Schedule “A” attached hereto; AND WHEREAS the Owner has agreed with the Municipality to undertake, furnish and perform the works, material, matter and things required to be done, furnished and performed in the manner hereafter described in connection with the proposed use of the land and in conformity with the Zoning Bylaw; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of other good and valuable consideration and the sum of two dollars ($2.00) of lawful money of Canada now paid by the Owner to the Municipality, the receipt of which is hereby acknowledged, the Parties hereby agree as follows: 1. Statutes, Bylaws, Licenses, Permits and Regulations

The Owner undertakes and agrees that prior to the commencement of any development, redevelopment, site alteration, construction or other works, the Owner shall obtain all necessary permits and approvals required by the Government of Canada, the Province of Ontario or any agency hereof, the Municipality and any other affected agency. The Owner undertakes and agrees to comply with the requirements of all relevant municipal bylaws, provincial and federal statutes and regulations, permits, approvals or licenses in addition to the terms of this agreement.

of 39

2. Schedules

The Owner hereby agrees that prior written approval by the Municipality and/ or an amendment to a Schedule shall be required to any departure, change or modification from the Schedules.

The following list of schedules attached hereto are deemed to be and form part of this Agreement:

2.1 Schedule “A” – Legal Description of the Land to which this Agreement applies.

2.2 Schedule “B” – Site Plan.The Owner agrees to construct the proposed development in conformity in all respects with the specifications and plans set out in the approved plan.

2.3 Schedule “C” - Financial requirements. 2.4 Schedule “D” – Special Conditions.No buildings, site alteration or works shall be

erected on the lands other than those erected in conformity with Schedule “D”. 3. Land to Which this Agreement Applies

This Agreement is deemed to apply to the lands described in Schedule “A”. 4. Registration of Agreement and Commencement of Work

The Owner covenants that he/she/they shall not commence any development or site alteration whatsoever until this Agreement is registered on title against the land at the expense of the Owner.

5. Completion Date

The owner agrees to complete the work required under this Agreement within one (1) year of the date of the issuance of the building permit. Notwithstanding, if exceptional circumstances prevent the owner from complying with the requirements, the Municipality may extend the completion date.

6. Financial Requirements

6.1 The Owner covenants and agrees to pay to the Municipality by cheque, the charges and levies set out and designated as “cash requirements’ in Schedule “C” of this Agreement forthwith upon the execution of this Agreement unless otherwise specified and until the same are paid, they shall constitute a charge upon the land.

6.2 Before this Agreement is executed by the Municipality, the Owner shall deposit with the

Municipality an irrevocable Letter of Credit or other financial security acceptable to the Municipality to meet the financial requirements of this Agreement and designated as "Estimated Cost of Site Works” in Schedule “C”.

of 39

6.3 The value of the Security Requirements shall be maintained for the duration of this Agreement including any renewal of the amount thereof.

6.4 The Owner acknowledges and agrees that failure to comply with any term or condition

herein, may result in the Municipality taking such action as deemed appropriate to enforce compliance. The Municipality may authorize the use of the whole or any part of the amount of the financial security to pay the cost of any work that is deemed necessary by the Municipality to rectify default by the Owner or its assigns, or to pay the cost of any matter for which the Owner is liable under the terms of this Agreement.

7. Default

In the event of a default or for reasons of public safety, the Municipality may, at the expense of the Owner, enter upon the lands and do all such matters and things as may be required. Such costs, including overhead, shall be deemed to be recoverable from the Owner by invoice and may be recovered in like manner as municipal taxes pursuant to the Municipal Act.

8. Facilities and Work to be Provided and Maintained

The Owner covenants and agrees to provide and maintain, at his/her/their sole expense each and every facility, work or other matter illustrated on the Schedules to the satisfaction of the Municipality and to engage qualified professionals, where required, to design and carry forth any of the work undertaken under this Agreement. This shall include the restoration of any faulty workmanship or materials under in the construction.

9. Certificate of Compliance

Upon the satisfactory completion of all matters and things to be provided and maintained by the Owner pursuant to this Agreement, the Owner shall be entitled to obtain a Certificate of Compliance from the Municipality confirming that all provisions of this Agreement have been complied with in full to the date of such Certificate.

10. Occupancy

The Owner covenants and agrees that there shall be no occupancy of any building or structure on the land until the requirements of this Agreement have been complied with and the Municipality has issued an Occupancy Certificate.

11. Notice to Parties

Any Notice by any party to this agreement to another shall be given in writing and mailed or delivered to the Party:

11.1 In the case of the Municipality: To the Clerk of the Township of Lanark Highlands 75 George Street, P.O. Box 340 Lanark ON K0G 1K0

11.2 In the case of the Owner(s):

Michael and Theresa Marks

of 39

6620 Parkway Rd, Greely, ON K4P 1E5

12. Severability

The terms of this agreement are severable, and the unenforceability of any part hereof shall not render the whole unenforceable. No forbearance or failure by the Municipality to strictly enforce any term or covenant herein shall prevent the Municipality from insisting upon strict compliance by the Owner subsequent to such forbearance or failure to strictly enforce its terms. The terms of this agreement may not be altered except by a subsequent agreement in writing between the parties.

13. Successors and Assigns

This Agreement shall enure to the benefit of and be binding upon the respective heirs, personal representatives, successors and assigns of each of the parties hereto.

14. Force and Effect

This Agreement comes into force after it has been executed by all parties hereto and registered against the title to the lands described in Schedule “A”.

IN WITNESS WHEREOF the Parties have hereunto set their hands and seals, corporate parties over the hand(s) of their duly authorized signing officers in that regard. WITNESS: OWNER: _______________________________ ____________________________ Signature Signature _______________________________ _____________________________ Signature Signature THE CORPORATION OF THE

TOWNSHIP OF LANARK HIGHLANDS _____________________________

Mayor (SEAL)

_____________________________

Clerk

of 39

SCHEDULE “A”

Legal Description to which this Agreement applies

PT LT 13 CON 3 LANARK ; TWP OF LANARK HIGHLANDS

of 39

SCHEDULE “B”

Site Plan

of 39

SCHEDULE “C”

Financial Requirements

Cash Requirements

a) Administration Fees- Township $ 500.00

b) Legal Fees and Disbursement $ 227.91 (Registration of agreement)

c) Engineering Fees $ N/A

d) Planning Fees (Deposit) $ 1,000.00

=================

Total Cash Requirements $ 1,727.91

a) Site Preparation, alteration, grading,

Estimated Cost of Site Works

drainage $________________

b) Site Servicing: sewage disposal system, well $________________

c) Landscaping $________________

d) Parking / Loading Areas, driveway, entrance $________________

e) Fencing, signs, garbage disposal, lighting $________________

f) Miscellaneous $________________

=================

Total Estimate Cost of Works $____NIL_________

Security Requirements The Owner shall provide financial security (i.e. letter of credit) to the Municipality in the amount

of 100% of the Estimated Cost of Works.

Total Security Requirement $____NIL_________

of 39

SCHEDULE “D”

Special Conditions

of 39

THE CORPORATION OF THE

TOWNSHIP OF LANARK HIGHLANDS

BY-LAW NO. 2013 - 1239

BEING A BYLAW TO AUTHORIZE A USE AGREEMENT FOR THE WATSONS CORNERS COMMUNITY HALL

WHEREAS the Municipal Act R.S.O. 1990 Chapter M.45 Section 207 para 58 authorizes the councils of municipalities to enter into an agreement for carrying out any of the purposes of section 58, which includes the acquiring, erecting, altering, maintaining, operating or managing of community recreation centres and for appointing a board of management to act on their behalf; AND WHEREAS it has been deemed expedient to revise and amend the Property Use and Maintenance Agreement for the keeping in repair and managing of the Watsons Corners Community Hall; NOW THEREFORE the Council of the Corporation of the Township of Lanark Highlands ENACTS AS FOLLOWS: 1.THAT an agreement be entered into between the Township of Lanark Highlands

and the Watsons Corners Community Hall with respect to a ‘Property Use and Management Agreement”, attached as schedule “A”.

2. THAT Schedule “A” attached hereto forms part of this bylaw. 3. THAT from and after the passage of this bylaw, all former bylaws in particular

Bylaw No. 2002-303, are hereby revoked and repealed. READ a FIRST and SECOND TIME this 27th

, day of August 2013.

READ a THIRD TIME SHORT and PASSED this 27th

, day of August 2013.

_________________________ _____________________ Mayor, Peter McLaren Clerk, Ross Trimble

of 39

PROPERTY USE and MANAGEMENT AGREEMENT

Municipal Property - Township of Lanark Highlands (April, 2013)

This agreement is made in duplicate between:

The Corporation of the Township of Lanark Highlands Hereinafter called the “Township”

AND: Watsons Corners Community Hall

Hereinafter called the "WCCH” The Township and the WCCH hereby agree as follows: 1. The Township hereby grants the WCCH authority to use and manage the lands and premises located at

Concession 3, pt Lot 11, Dalhousie Township, Municipality of Lanark Highlands, known locally as the “Community Hall”.

2. The term of this agreement commences on the 1st day of May 2013 and ends on the 30st

(a) During this term, the Township may terminate this agreement upon two months written notice if WCCH fails to comply with the terms and conditions of this agreement.

day of April 2023.

(b) During this term, WCCH may terminate this agreement upon two months written notice. (c) If WCCH continues occupation of the lands and premises with the consent of the Township

after expiry of the term of this agreement, WCCH shall be deemed to be using and managing the lands and premises on a month-to-month basis but otherwise on the same terms as set out in this agreement.

3. WCCH may use the lands and premises for seminars, meetings, public gatherings, recreational pursuits

and for other such other purposes as outlined on attached Schedule “B” (attached). WCCH is permitted to charge an entry fee for any of the foregoing.

4. (a) WCCH shall pay the Township a rent of two dollars ($2.00) per year for use of the lands and

premises. (b) If the municipality pays directly for agreed-upon expenses that are the responsibility of the WCCH,

the Township will invoice the WCCH at the end of each half year. Each invoice is payable in full, thirty days after delivery. Unless the WCCH challenges the accuracy of the amount charged in any invoice in writing within thirty days of receipt, the WCCH is deemed to have accepted the accuracy of the invoice.

5. The following additional expenses will be the sole responsibility of WCCH:

(a) Utility Charges – heat, electricity and telephone charges (less annual allowance) (b) Minor Maintenance and Repairs to the Exterior of the Hall Building (c) Minor Maintenance and Repairs to the Interior of the Hall Building (d) Yard Maintenance (e) Inspection Charges (excluding annual inspections conducted by the Township).

of 39

-2-

6. The following additional expenses will be the sole responsibility of the Township: a. Insurance coverage for the building and its contents and public and volunteer liability coverage

will be provided for under the Township’s insurance policy b. Major Maintenance and Repairs to the Exterior of the Hall Building c. Major Maintenance and Repairs to the Interior of the Hall Building.

7. WCCH may not assign or sublet the Lands and premises, in whole or in part, or allow the Lands and

premises to be used by any other person without the written consent of the Township. 8. WCCH shall keep the Lands and premises in a reasonable state of repair and cleanliness and shall not

make major improvements or alterations to the Lands and premises without the written consent of the Township. WCCH is further advised that smoking in any building on the Lands and premises is prohibited.

9. WCCH agrees to adopt and execute the roles and responsibilities for the use of all assigned lands and

premises in accordance with Schedule “A” attached, “ROLES AND RESPONSIBILITIES” of the Watsons Corners Community Hall (WCCH).

10. At the end of the agreement, WCCH shall deliver vacant possession to the Township of the lands and

premises in the same condition as at the commencement of the agreement, (reasonable wear and tear expected) except that the Township may, in the Township's sole discretion, elect to keep any of WCCH’s improvements, alterations or fixtures without reimbursement.

11. WCCH further agrees that the property shall be available to any and all local groups, clubs and organizations that provide community benefit consistent with those activities listed on Schedule "B”. 12. In the event of any proposed sale of the property by the municipality, WCCH shall be granted first refusal to purchase said property, based upon the appraised value of the subject lands and buildings, less the value of documented and appraised improvements made to the property by WCCH. In addition, all moveable contents purchased by WCCH would remain

the property of the WCCH and would be disposed of as agreed to by the WCCH. DATED at the Village of Lanark, this ______ day of ______________________2013. Signed and delivered in the presence of: __________________________ __________________________ ______________________ Witness Township Mayor Township Clerk __________________________ __________________________ ______________________ Witness For WCCH – President For WCCH - Secretary

of 39

SCHEDULE "A"

PART I - ROLES AND RESPONSIBILITIES OF THE Watsons Corners Community Hall (WCCH)

The "Committee of Management” under the Community Centres Recreation Act shall;

1.

GENERAL DUTIES and RESPONSIBILITIES OF THE ASSOCIATION

1.1 To manage the assigned lands and premises in a proper and business-like manner, to ensure that the Budget is adhered to, the facility meets the needs of the various users and the community, and to ensure that it is maintained in a safe and well-kept manner.

1.2 To provide an annual list of all desired capital repairs and projects (including the

installation of signs) associated with the budget submission to Council by November 1st

in advance of the Township’s budgetary process

1.3 To actively promote the use of the assigned lands and premises by the community and various users so that the facility is utilized as much as possible.

1.4 To identify the special needs of the community and to make every effort for the assigned

lands and premises to meet these needs.

1.5 To arrange all bookings for facilities, including opening and closing of any buildings, and acceptance of rental fees and deposits.

1.6 To bring any matters of serious concern (for example building safety) to the immediate

attention of the Township for remedial action.

1.7 To organize special events and fund raising events. 1.8 To provide to the Township a copy of the AGM minutes and unaudited financial

statements in accordance with the Township’s grant process. 1.9 To respond to all requests from the Township in a timely manner. 1.10 To offer use of the building and property to the Township, at no cost, during a declared

emergency as defined under the Municipal Emergency Plan.

of 39

-2A-

2.

TENDERING PROCESS

When contracting out works of minor Maintenance and Repairs to the Exterior and/or Interior of the Hall Building, WCCH should always ensure that such works are done in a workman-like manner and are done at the best possible price. To as great an extent as possible, WCCH shall attempt to utilize people or companies located in the Township of Lanark Highlands. To as great an extent as possible, the works should be based on a competitive price tendering/quotation process when the amount of work and the cost thereof warrants a tendering process. The Township recognizes that for works of an emergency nature, or for small items, competitive pricing is not always possible.

3.

WORK BY COMMITTEE MEMBERS

The Township recognizes and appreciates that WCCH members contribute many hours of volunteer time to ensure the association is operated properly. The WCCH may hire WCCH members and/or their families to perform work so long as the negotiations are performed in a transparent manner and the works are done in a workman-like manner and are done at the best possible price. A WCCH member could do the work provided such member declares a conflict and does not participate in any discussion or voting on the issue or project under consideration.

of 39

-3A-

PART II - ROLES AND RESPONSIBILITIES OF THE The Corporation of the Township of Lanark Highlands

2.

GENERAL DUTIES and RESPONSIBILITIES OF THE TOWNSHIP

2.1 To ensure that Township policies and procedures are followed. 2.2 To offer technical assistance to WCCH upon request. 2.3 To consult with WCCH on all major works which are to be done to the Community

Centre.

2.4 When contracting out works for major Maintenance and Repairs to the Exterior and/or Interior of the Hall Building, the Township should always ensure that such works are done in a workman-like manner and are done at the best possible price through the implementation of the Township’s standard tendering processes and monitoring policies.

2.5 To ensure that the Community Centre building is structurally safe and complies with

Building Code, Fire Code and other applicable Provincial requirements. The facility is to be inspected annually by the Township Building and Fire Departments and reports prepared. Monitor UV Systems and maintain filters on a regular basis.

2.6 To review the unaudited annual financial statements in accordance with the Township’s

grant process.

2.7 To respond to all requests in a timely manner.

2.8 To supply water to the WCCH.

2.9 Winter Maintenance: Parking area will be sanded and salted as conditions and equipment may be available. 2.10 To provide reimbursement for any extraordinary expenses incurred while using the

building and property during a declared emergency as defined under the Municipal Emergency Plan.

of 39

SCHEDULE “B”

ACTIVITIES AND PROGRAMS BY WCCH

Outlined below are the type of programs and activities that WCCH may/will provide at the “Community Centre” facility. • Workshops, on-going classes, festival, group events and activities, musical concerts. • Children and youth programs, seasonal parties, on-going classes, summer camp activities and crafts. • Health and safety education • Fundraising events • Rental or complimentary uses by other community groups and members • Short-term commercial activity

of 39


BY-LAW NO. 2013-1240

A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF LANARK HIGHLANDS

MEETING HELD ON August 27th, 2013

WHEREAS, Section 5 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that the powers of a municipality shall be exercised by its council; AND WHEREAS, Section 9 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; AND WHEREAS, Section 5(3), provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 9, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS, it is deemed expedient that the proceedings of the Council of the Corporation of the Township of Lanark Highlands at its meeting be confirmed and adopted by By-Law; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Township of Lanark Highlands enacts as follows: 1. GENERAL REGULATIONS

1.1 THAT, the actions of the Council of the Corporation of the Township of Lanark Highlands at its meeting held on the 27th, day of August, 2013 in respect of each recommendation contained in the reports of the Committees and each motion and resolution passed and other action taken by the Council of the Corporation of the Township of Lanark Highlands at its meetings is hereby adopted and confirmed as if all such proceedings were expressly embodied in this By-Law.

1.2 THAT, the Mayor and Proper Signing Official of the Corporation of the Township of Lanark Highlands are hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Corporation of the Township of Lanark Highlands referred to in the preceding section hereof.

of 39


BY-LAW NO. 2013-1240 1.3 THAT, the Mayor and/or Deputy Mayor and Clerk and/or Deputy Clerk are

hereby authorized and directed to execute all documents necessary in that behalf and to affix thereto the Seal of the Corporation of the Township of Lanark Highlands.

2. ULTRA VIRES

Should any sections of this by-law, be declared by a court competent jurisdiction to be ultra vires, the remaining sections shall nevertheless remain valid and binding.

3. EFFECTIVE DATE ENACTED AND PASSED this 27th, day of August, 2013.

_____________________ ____________________ Peter McLaren, Mayor Ross Trimble, Clerk

of 39

COUNCIL AGENDA Tuesday, August 27 , 2013 … · 7:00 p.m. Committee of Adjustment MV-03-13,...

Documents

Transcript of COUNCIL AGENDA Tuesday, August 27 , 2013 … · 7:00 p.m. Committee of Adjustment MV-03-13,...