Page 1 of 4 · the Correspondence item 10.1 through to 10.6 as information. 11.0 COUNTY COUNCIL UPDATE 12.0 OTHER BUSINESS 13.0 BY-LAWS 13.1 By-Law 2019-015 - To approve and ratify

MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, FEBRUARY 6, 2019 5:00 PMMiddlesex Centre Municipal Office

AGENDA

The Municipal Council of the Municipality of Middlesex Centre will meet on February 6, 2019 at 5:00 pm.

1.0 CALL TO ORDER

Mayor DeViet to call the meeting to order at 5:00 pm. and to go directly into Closed Session.

2.0 CLOSED SESSION

R2019- THAT Council adjourn to closed session at __________ pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matter:

2.1 Section 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

R2019- THAT Council do now rise out of closed session at _______ p.m.

3.0 DISCLOSURE OF PECUNIARY INTEREST

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.

4.0 ADDITIONS TO THE AGENDA

5.0 ADOPTION OF THE MINUTES

5.1 January 23, 2019 Regular Council Meeting Minutes

5.2 January 30, 2019 Special Council Meeting Minutes

R2019- THAT the minutes of the January 23, and January 30, 2019 meetings of Council be adopted as printed.

Page 1 of 4

6.0 DELEGATIONS, PRESENTATIONS & PETITIONS

6.1 Kandice and Mathew Acierno, 44 Stonefield Lane, Ilderton – Delegation regarding a water bill received

6.1.1 CPS-13-2019 - Resident Request for Adjustment of Water Usage

R2019 - THAT the Council for the Municipality of Middlesex Centre received the Delegation from Kandice and Matthew Acierno and the staff report CPS-13-2019 as information and that no further action be taken on the request to adjust the water usage on the water account.

7.0 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.

7.1 BLD-02-2019 – December Building Permit Report

7.2 BLD-03-2019 - 2018 Building Services –Year End Summary

7.3 BLD-04-2019 - 2018 By-law Enforcement Year End Summary

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Consent Agenda items 7.1 through 7.3 as information.

8.0 STAFF REPORTS

8.1 CMS-01-2019 - Douglas B. Weldon & Delaware Municipal Park – Playground Equipment RFP Results

R2019- THAT the Douglas B. Weldon & Delaware Municipal Park Playground Equipment Project be awarded to Henderson Recreation Equipment Ltd. with a total cost of $129,863.90 (excluding HST).

FURTHER THAT the project receives pre-budget approval to allow the project to be completed prior to the start of the park season.

8.2 CPS-10-2019 - Trillium Grant Contract

R2019- THAT the Director of Corporate Services be authorized to sign the electronic contract with the Ontario Trillium Foundation for Contract CP104537 for $120,000 in capital funding for 2019.

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8.3 CPS-11-2019 - Budget 2019

R2019- THAT Council approve By Law 2019-016 to adopt the current budgetary estimates for the year 2019.

THAT Council approve By Law 2019-017 to establish a levy for the year 2019, to adopt tax rates for 2019 and to provide for penalty and interest in default of payment and the collection thereof.

8.4 CPS-12-2019 - Proposed Budget Impacts

R2019- THAT the compliance report for expenses excluded from the 2019 budget outlined in report CPS-11-2019 as a requirement of Ontario Regulation 284/09 passed under the Municipal Act, 2001 be received.

8.5 PWE 01-2019 - Garden Avenue Storm Sewer Replacement Engineering Services Project Award

R2019- THAT the provision of detailed design and contract administration engineering services associated with the Garden Avenue Storm Sewer Replacement Engineering Services Request for Proposal 19-01 submission received from Stantec Consulting Ltd. in the amount of $119,523.25 (excluding HST) be awarded; and,

FURTHER THAT the Mayor and Clerk be authorized to execute the necessary contract documents.

9.0 NOTICE OF MOTION

10.0 CORRESPONDENCE

10.1 AMO – Partnership with eSCRIBE

10.2 Ausable Bayfield Conservation – Invitation to Nominate a Conservationist of the Year

10.3 MPAC – 2018 Year-End Assessment Report

10.4 Niagara Falls - Opting In to Allow Retail Cannabis Stores

10.5 Ontario Farmland Trust - EBR Registry # 013-4293 for input on the proposed Bill 66, Restoring Ontario’s Competitiveness Act, 2018

Page 3 of 4

10.6 Town of Orangeville – Resolution opposing changes to the Planning Act proposed in Bill 66

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 10.1 through to 10.6 as information.

11.0 COUNTY COUNCIL UPDATE

12.0 OTHER BUSINESS

13.0 BY-LAWS

13.1 By-Law 2019-015 - To approve and ratify a Severance and Development Agreement between Ryan Daniel Talbot Crouse and Shawn Elizabeth Phinnemore as the “Owners” and the Municipality of Middlesex Centre as the “Municipality” for land legally described as PT LTS 11 & 12, BLK G, PL 76, as in 943079; Middlesex Centre Twp, being all of PIN 09661-0049 (LT).

13.2 By-Law 2019-016 - To provide for the adoption of budgetary estimates for the year 2019

13.3 By-Law 2019-017 - to provide for the adoption of estimates and setting the tax rates and to further provide for penalty and interest in default of payment thereof for 2019

13.4 By-Law 2019-018 - To adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on February 6, 2019

R2018- THAT By-Laws 2019-015 through to 2019-018 inclusive be approved passed and adopted.

14.0 ADJOURNMENT

R2019- THAT the Council for the Municipality of Middlesex Centre adjourns the February 6, 2019 Regular Council meeting at ___________ p.m.

The next Council meeting is Wednesday, February 20, 2019 at 6:00 pm in the Council Chambers located at 10227 Ilderton Road in Coldstream.

Page 4 of 4

Municipality of Middlesex Centre

Council Meeting Minutes Municipal Office, Council Chambers

Wednesday, January 23, 2019, 5:00p.m. COUNCIL PRESENT: - Mayor DeViet - Chair presiding, Councillors: Deputy Mayor Brennan, Heffernan, Shipley, Aerts, Silva, Scott

STAFF PRESENT: Ann Wright - Clerk, Tiffany Farrell – Acting CAO/Director of Corporate Services, Kelly Henderson – Planner, Scott Mairs – Director of Community Services, Arnie Marsman - Director Planning & Development Services / Chief Building Official, Colin Toth – Director of Fire and Emergency Services, Jake Straus - Transportation Manager, Jake DeRidder - Development Review Coordinator

ALSO PRESENT: Members of the public and press.

1.0 CALL TO ORDER

Mayor DeViet to call the meeting to order at 5:01 pm. and to go directly into Closed Session.

2.0 CLOSED SESSION

Moved by Councillor Silva; seconded by Councillor Scott

R2019-014 THAT Council adjourn to closed session at 5:01 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters:

2.1 Section 239 (2) (b) Two personal matters about identifiable individuals, including municipal or local board employees

2.2 Section (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose

CARRIED

February 06, 2019 Page 1 of 16

January 23, 2019 Regular Meeting of Council Minutes Page 2 of 16

Moved by Councillor Silva; seconded by Councillor Shipley

R2019-015 THAT Council do now rise out of closed session at 6:21 p.m. and resume to open Council.

CARRIED


None declared


2.2 Section (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose

Moved by Councilor Heffernan; seconded by Councillor Silva

R2019-016 THAT the Additions to the Regular Agenda of Council dated January 23, 2019 be added to the Agenda as printed.

CARRIED


Moved by Councillor Heffernan; seconded by Councillor Silva

R2019-017 THAT the minutes of the December 17, 2018 and of the January 9, 2019 meetings of Council be adopted as printed.

CARRIED


6.1 Fred Lewis – Delegation RE: The Ivan Drain

Moved by Councillor Heffernan; seconded by Councillor Shipley

R2019-018 THAT Council receives the delegation from Fred Lewis regarding the Ivan Drain as information;

AND FURTHER THAT Council approve a refund to Frans Livestock Inc. in the amount of $495.00, which is the interest he could be owed on the Sunny Plains Farms invoice at a rate of 1.25% per month as calculated by Councillor Heffernan.

CARRIED



6.2 Bill Rayburn, Middlesex County CAO - Middlesex Centre CAO Recruitment

Moved by Councillor Shipley; seconded by Councillor Silva

R2019-019 THAT Mayor DeViet, Deputy Mayor Brennan and Councillor Heffernan be appointed to the Hiring Committee for the Chief Administrative Officer recruitment;

AND THAT Bill Rayburn, Chief Administrative Officer County of Middlesex guide the process for the Chief Administrative Officer recruitment.

CARRIED

6.3 Kevin Moniz, Engineer at Strik Baldinelli Moniz RE - Martin Drain

Moved by Councillor Scott, seconded by Councillor Silva

R2019-020 THAT Council receives the information from Kevin Moniz regarding the Martin Drain report that Council approved on November 28, 2018;

AND FURTHER THAT Council approves the provisional By-Law 2019-006 to provide for drainage works;

AND further that the Court of Revision be scheduled for February 20, 2019 at 6pm and that Councillors Brennan, Scott, and Heffernan be appoint to the Court of Revision.

CARRIED

7.0 CONSENT AGENDA

7.1 Report CPS-04-2019 - Budget to Actual December 2018

7.2 Report CPS-05-2019 - Hiring Process for the Chief Administrative Officer

7.3 Report FS-01-2019 - Middlesex Centre Fire Services – 2018 End - Year Report


R2019-021 THAT the Council for the Municipality of Middlesex Centre receives the Consent Agenda items 7.1 through 7.3 as information.

CARRIED



8.0 STAFF REPORTS

8.1 CPS-06-2019 - Health and Safety & Human Resource Coordinator Position

Moved by Councillor Brennan; seconded by Councillor Silva

R2019-022 THAT council authorize the addition of a new full time permanent Health and Safety & Human Resource Coordinator position in Corporate Services.

CARRIED

8.2 CPS-07-2019 - Appoint a Municipal Engineer

Moved by Councillor Scott; seconded by Councillor Silva

R2019-023 THAT Council appoint Rob Cascaden, P. Eng from IBI Group as the Municipal Engineer until such time that a Director of Public Works and Engineering is hired.

CARRIED

8.3 CPS-08-2019 - Meadowcreek Stormwater Project

Moved by Councillor Silva; seconded by Councillor Heffernan

R2019-024 THAT pre-budget approval for the Meadowcreek Stormwater Project in the amount of $130,000 be approved.

CARRIED

8.4 CPS-09-2019 - Resident request for a refund of penalty and interest paid

Moved by Deputy Mayor Brennan; seconded by Councillor Silva

R2019-025 THAT Council receives Report CPS-09-2019 as information.

CARRIED

8.5 FS-02-2019 - Deputy Fire Chief Position - 2019

Moved by Councillor Silva; seconded by Councillor Aerts

R2019-026 THAT the Council for the Municipality of Middlesex Centre approve the request to create a full-time management position; a Deputy Fire Chief.

DEFEATED



Moved by Deputy Mayor Brennan; seconded by Councillor Shipley

R2019-027 THAT the Director of Fire Services return to Council in 6 months with an updated business case to create a full-time Deputy Fire Chief, for Council’s consideration.

CARRIED

8.6 PWE-02-2019 - 2019 Drinking Water Quality Management System Operational Plans Endorsement


R2019-028 THAT the 2019 Drinking Water Quality Management System Operational Plans for Middlesex Centre's drinking water systems as required under Ontario's Ministry of the Environment, Conservation and Parks’ Drinking Water Quality Management Standard be endorsed.

CARRIED

8.7 PLA-08-2019 - Application for Zoning By-law Amendment; Zelinka Priamo; 85; Queen Street, (ZBA-23-2018)


R2019-029 THAT the Zoning By-law Amendment application, filed by Zelinka Priamo on behalf of 1934553 Ontario Inc. in order to permit a contractor’s yard or shop on a lot for a period not to exceed 18 months on a property known municipally as 85 Queen Street be approved.

CARRIED

9.0 COMMITTEE OF ADJUSTMENT – 7:00 pm

Moved by Deputy Mayor Brennan; seconded by Councillor Shipley

R2019-030 THAT Council adjourn its regular meeting at 7:30 pm in order to sit as a Committee of Adjustment under Section 45 of The Planning Act R.S.O., 1990, as amended. To consider the following Minor Variance applications:

9.1 A-23-18, George Sinker, 5233 Egremont Drive (County Road 22)

CARRIED

Councillor Silva, chair for the Committee of Adjustment welcomes everyone in attendance and explains the R Zone procedure and the process of the Public Hearing. No pecuniary interests were declared.

9.1 A-23-18, George Sinker, 5233 Egremont Drive (County Road 22)



Councillor Derek Silva explained the purpose of the application and hearing

The purpose and effect of the Application for Minor Variance is to seek relief from the Middlesex Centre Comprehensive Zoning By-law 2005-005 as it relates to the maximum size of an accessory building. The owner is requesting a maximum size of 511 m² for a proposed accessory building, whereas the Comprehensive Zoning By-law permits a maximum size of 50 m² for an accessory building, in the Existing Use (EU) zone.

The Secretary-Treasurer, Ann Wright, noted that additional comments were received from on January 23, 2019 from neighbouring residents Jeff and Shelley Clair, whom have concerns. The correspondence was read aloud.

Kelly Henderson, County Planner provided a review of Planning Report PLA-07-2019 and recommended the application be denied.

George Sinker the agent on the application was in attendance and provided some history on the property and said that the zoning on the property is outdated. He noted that the accessory building would have three garage doors and would be used for tractors, mowers, snow blowers etc. He also noted that it isn’t a residential area and that he disagreed with the Planners report.

The public was asked for their comments and questions, however there was not any.

Councillor Silva suggests that it would be appropriate to apply to rezone the property and then if approved move forward with a building permit

There was a consensus among Council that a Zoning application would be more appropriate.

Moved by Mayor DeViet; seconded by Deputy Mayor Brennan

R2019-031 THAT Minor Variance Application A-23-18 filed by George Sinker on behalf of Scott and Sarah Campbell for relief from the Comprehensive Zoning By-law’s maximum size for an accessory building and to allow the placement of the accessory building in the exterior side yard; for a property known municipally as 5233 Egremont Drive (County Road 22), be denied.

FURTHER THAT the reasons for denying Minor Variance Application A-23/18 include:

• The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;



• The request does not represent appropriate development on the subject property.

• The request does not comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law; and

• The request is not minor in nature

CARRIED

Moved by Deputy Mayor Brennan; seconded by Mayor DeViet

R2019-032 That the Committee do now rise out of the Committee of Adjustment at 7:57 p.m. and go back into the regular Council meeting.

CARRIED

10 PUBLIC MEETINGS

R2019-033 THAT Council move into Public Meeting at 7:58 p.m. under Section 53 & 39 of the Planning Act, R.S.O. 1990, c. P13, as amended, to consider the following applications:

10.1 ZBA-26-2018, and Redline Revisions to Draft Plan of Subdivision, South Winds Development Co. Inc. (Edgewater Estates)

10.2 (OPA 42) ZBA-27-2019 Phil and Diana Ruggeri, Part Lot 28, Concession 3

10.4 B-26-18 and ZBA-29-2018; All in Farms, 13559 Sixteen Mile Road

10.5 Draft Plan of Subdivision 39T-MC-1801; 10114 Oxbow Drive

CARRIED

Mayor DeViet welcomed the public and reviewed the procedure of the Public meeting.

10.1 ZBA-26-2018, and Redline Revisions to Draft Plan of Subdivision, South Winds Development Co. Inc. (Edgewater Estates)

Mayor DeViet read aloud the purpose of the application:

The purpose and effect of the Redline Revision is to consider proposed changes to the residential development blocks as well as make changes to the road network and various blocks. The proposed changes in summary would replace Blocks 138, 139, 140, 141, 142 and 143, (multi-residential) with 243 units for single unit development, as well as make changes to the road network and park blocks. Additionally the applicant is proposing the creation of eight new single detached lots along the western



side of Edgewater Boulevard on lands previously forming part of the Storm Water Management Block (Block 158).

The proposed Zoning By-law Amendment proposes to establish the ‘Urban Residential First Density’ (UR1) zone with Holding Symbol (H1) on a 0.859 hectares corridor of land fronting Edgewater Boulevard previously identified as Block 158. These lands would accommodate eight residential lots. The Zoning By-law Amendment further proposes to amend the boundaries of the current ‘Urban Residential First Density’ (UR1), Open Space (OS), and ‘Urban Residential Second Density’ (UR2) zone with Holding Symbol (H1) that were part of the previously approved redline revision. Lastly, adjust the zoning of the boundary for the entrance to Block 244. This is to reflect the removal of the public road and replace it with a private entrance to the multiple residential block. As such, the zoning is to be changed to ‘Urban Residential First Density’ (UR1) with Holding Symbol (H1) to align with the balance of the Block.

Ann Wright, Clerk, noted that additional correspondence were received on January 22, 2019 from Upper Thames River Conservation Authority, Jamie Crncich, Planner from Tridon Group, and from Daniel Stojc Supervisor of Planning at Conseil Scolaire Viamonde. The comments were read aloud.

Kelly Henderson, Planning gave a review of Planning Report PLA-02-2019 and recommended that the report be received as information.

Carol Wiebe, Planner for the Applicant was in attendance and provided a PowerPoint presentation that overviewed the project and the application.

Joe Klambauer, resident at 66 Rivers Edge Lane, spoke saying that he has some objections to the application, that include the impact to Westbrook Drive and the thru traffic, also in regard to the elimination of the path.

Carol Weibe responds saying 2 roads will go out through to Glendon Drive

Andrew Wyseman, resident at 74 Rivers Edge Lane, asks about the path way

Carol Wiebe responds saying that it would be a multiuse trail during construction and will be used for construction traffic and that barriers will be in places for construction access.

Councillor Silva makes a correction saying that there will be one read out to Glendon Drive

Paul Pritiko, resident at 19 Cresview, asks if Middlesex Centre will assume the path and how would it be maintained.



Scott Mairs responds saying that it would be a primary trail so it would be a 3 meter wide asphalt path with no winter maintenance

Andrew Wyseman, resident at 74 Rivers Edge Lane says that he feels that with only one exit road that traffic would be a nightmare

Councillor Silva states that Glendon is a County Road and that that decision is not up to Middlesex Centre.

Don DeJong, of Tri Don spoke in support of the application and notes that the trail will be a good amenity in the area.


R2019-034 The Council for the Municipality of Middlesex Centre receives report PLA-02-2019 as information.

CARRIED

10.2 OPA 42- ZBA-27-2019 Phil and Diana Ruggeri, Part Lot 28, Concession 3


The purpose and effect of the Official Plan Amendment application is to re-designate the subject property from the Agricultural designation to an Agricultural Special Policy Area designation to allow a second dwelling unit in an ancillary building (garage).

The purpose and effect of the Zoning By-law Amendment application is to rezone the subject property from the Agricultural (A1) zone to a site-specific Agricultural (A1-33) zone to permit a second dwelling unit within an ancillary building (garage).

Ann Wright, Clerk, noted that additional correspondence was received on January 21, 2019 from Robert and Mary Mereu who have no objections to the application.

Kelly Henderson, Planning gave a review of Planning Report PLA-03-2019 and recommended that the Official Plan Amendment No. 42 be approved and that the Zoning By-law Amendment be deferred.

The applicant was in attendance and spoke saying he agreed with the Planning Report.

The public and Council was asked for their comments and/or questions, however there was not any at this time.



Moved by Councillor Shipley; seconded by Councillor Scott

R2019-035 THAT Official Plan Amendment No. 42 for the land legally described as Part of Lot 28, Concession 3 (geographic Township of London), Municipality of Middlesex Centre, be adopted and forwarded to the County of Middlesex for consideration of approval.

THAT the Zoning By-law Amendment application, filed by Phil and Diana Ruggeri, to rezone the subject property from the ‘Agriculture’ (A1) zone to the site-specific ‘Agricultural’ (A1-33) for a property described as Part Lot 28, Concession 3 (geographic Township of London) be deferred until such a time as the requested site specific provisions are circulated to members of the public and applicable agencies and a public meeting is held.

CARRIED

10.3 B-25-18 and ZBA-28-2018; Heather Merrit, 13487 Fourteen Mile Road

The applicants prior to the meeting decided to defer their application until a later date

10.4 B-26-18 and ZBA-29-2018; All in Farms, 13559 Sixteen Mile Road


The purpose and effect of the consent application is to sever a surplus farm residence on a lot with a frontage of approximately 48 metres (157.5 feet) along Sixteen Mile Road and an area of approximately 0.348 hectares (0.86 ac) from a farm holding with a lot area of approximately 21.76 hectares (53.7 ac). The retained parcel is proposed to have a lot frontage 253.75 metres (832.5 feet) with an area of 21.41 hectares (52.9 acres).

The purpose and effect of the zoning by-law amendment is to rezone the retained lot of Consent B-26/18 from Agricultural (A1) to Surplus Residence (SR) in order to recognize its residential use and prohibit livestock. The application also seeks to rezone the severed lot of Consent application B-26/18 from Agricultural (A1) to the Agricultural – No Residence (A3) zone in order to prohibit new dwellings from being constructed on the land.

Ann Wright, Clerk, noted that additional correspondence was received on January 22, 2019 from Daniel Stojc Supervisor of Planning at Conseil scolaire Viamonde stating that they had no comments.

Kelly Henderson, County Planner gave a review of Planning Report PLA-05-2019 and recommended that the application be granted.



Joe Hentz, an Associate from Lerners LLP London Office, representing legal counsel for the applicant was in attendance. Spoke saying it was a straight forward application and that he had no objections to the Planning report and that the applicant was in agreement and understood the conditions.

The public and Council was asked for their comments and/or questions, however there was not any at this time.


R2019-036 THAT consent application B-26/18, filed by George Sinker on behalf of All in Farms in order to sever a surplus farm residence on a lot with a frontage of 48 metres along Sixteen Mile Road and an area of 0.348 hectares; from a property legally described as Part of Lot 23, Concession 15 (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-26/18 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 have 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-26/18 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.

4. That the Owner’s solicitor provides 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 Owner’s solicitor submits an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision.

6. That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.



7. That a Zoning By-law Amendment that recognizes the residential use of the severed lot of Consent B-26/18 and prohibits new dwellings on the retained lot of Consent B-26/18 be in full force and effect.

8. That the Owner enter into a severance agreement with the Municipality in order to advise future owners of the severed lot of Consent B-26/18 of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced. This agreement shall be registered prior to issuing the certificate of consent. The following requirement shall be included in the severance agreement:

The Owner shall include in any Agreement of Purchase and Sale of the severed lot a warning specifically notifying future owners that normal farm practices, as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced, are engaged in and occur in the area of the property and shall require the purchaser, as a condition of any aforementioned Agreement of Purchase and Sale, to acknowledge and accept that normal farm practices, as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced, are engaged in and occur in the area of the property.

9. That any outstanding property taxes for the severed and retained lots of Consents B-26/18 be paid in full.

10. That the Owner confirm the location of the septic system and well to the satisfaction of the Municipality, and that a contingency area is available, all of the above shall be adequately located on the residential parcel.

11. That the residence is deemed habitable by the Chief Building Official.

12. That the barn and hydro services on the retained farm parcel be removed and demolished to the satisfaction of the Chief Building Official.

13. That the laneway leading to the back of the property be disconnected from the laneway servicing the house. This should be removed and replaced with vegetation to the satisfaction of the Chief Building Official.

14. That the subject property be brought into compliance with the Municipality’s Property Standards By-law.

15. That an entrance permit be obtained from the Municipality for the entrance to the retained parcel and that an address sign be erected at the entrance to this property. All costs associated with this shall be borne by the Owner.



16. That the Owner dedicate land up to 10 metres from the centerline of construction of Sixteen Mile Road along the severed and retained lot to the Municipality of Middlesex Centre if the right-of-way is not already to that width. All costs associated with the conveyance shall be borne by the Owner.

FURTHER THAT the reasons for granting Consent Application B-26/18 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 conditions, the proposal would comply with the Middlesex Centre Comprehensive Zoning By-law.

AND FURTHER THAT the Zoning By-law Amendment application, filed by All in Farms and retained lot of Consent B-2 26/18 in order to implement the severance of a surplus farm residence, be approved.

CARRIED

10.5 Draft Plan of Subdivision 39T-MC-1801; 10114 Oxbow Drive, PW Holdings


The purpose and effect of the Draft Plan of Subdivision is to consider creating 9 building lots for single detached dwellings on 0.6 hectares (1.48 acres) of land, that would be serviced by municipal water and sanitary sewers and fronting onto Union Avenue

Ann Wright, Clerk, noted that additional correspondence was received on January 21, 2019 from Upper Thames River Conservation Authority and on January 22, 2019 from Daniel Stojc Supervisor of Planning at Conseil scolaire Viamonde, with no objections.

Kelly Henderson, County Planner gave a review of Planning Report PLA-06-2019 and recommended that the report be received as information.

Laverne Kirkness, agent for the applicant and MaryHelen Walsh, one of the applicants, were in attendance and was in agreement with the Planning report.

The public was asked for their comments and/or questions, however there was not any.

Councillor Aerts asked for clarity on the drawing provided on lot 7 & 8



Laverne Kirkness responded saying that he would look into it and get back to Council.

Moved by Deputy Mayor Brennan; seconded by Councillor Scott

R2019-037 THAT report PLA-06-2019 be received as information.

CARRIED

Moved by Councillor Brennan; seconded by Councillor Silva

R2019-038 That Council do now Close the Public Meeting at 8:49 p.m. and go back into the Regular Council meeting.

CARRIED

11 NOTICE OF MOTION

None

12 CORRESPONDENCE

12.1 St Clair Region Conservation Authority Meeting Highlights, Nov 8, 2018

12.2 AMO - Bill 66 – Municipal Implications Overview

12.3 Georgina – Bill 66 - Restoring Ontario’s Competiveness Act

12.4 AMO - Ontario Government Releases New Enviro Plan for Consultation

12.5 Municipality of Thames Centre – Trade Deal Between Canada and Saudi Arabia

Moved by Councillor Scott; seconded by Councillor Heffernan

R2019-039 THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 12.1 through to 12.5 as information.

CARRIED

13 COUNTY COUNCIL UPDATE

14 OTHER BUSINESS

None



15 BY-LAWS

15.1 By-Law 2019-006 - To provide a drainage works to be known as the Martin Road Development Drain

15.2 By-Law 2019-007 - To amend the Middlesex Centre comprehensive zoning by-law number 2005-005 with respect to Part of Lot 6, Concession 2 (geographic Township of Lobo), Municipality of Middlesex Centre

15.3 By-Law 2019-008 - To approve and ratify a temporary use agreement between 1934553 Ontario Inc. (Kevlar Construction), known as the “Owner”, and the Municipality of Middlesex Centre as the “Municipality” for land described as Part of Lot 6, Concession 2 (Geographic Township of Lobo), Municipality of Middlesex Centre

15.4 By-Law 2019-009 - To accept and assume ownership of the works on registered plan 33M-473 (Geographic Township of Delaware) Tower Heights Subdivision, Delaware (Tower Heights Subdivision Phase 2b)

15.5 By-Law 2019-010 - To adopt Amendment No. 42 to the Official Plan of Middlesex Centre (OPA 42)

15.6 By-Law 2019-011 - To amend the Middlesex Centre comprehensive zoning by-law number 2005-005 with respect to part of lot 23, concession 15 (geographic township of London), roll number: 393903409004300 (ZBA-29-2018)

15.7 By-Law 2019-012 - To adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on January 23, 2019


R2019-040 THAT By-law 2019-006 be given first and second reading;

AND FURTHER THAT By-Laws 2019-007 through to 2019-012 inclusive be approved passed and adopted.

CARRIED

16.0 ADJOURNMENT


R2019-041 THAT the Council for the Municipality of Middlesex Centre adjourns the January 23, 2019 Regular Council meeting at 10:26 p.m.

CARRIED



The next Council meetings are scheduled for Wednesday, January 30, 2019 at 5:00 pm for a Special Council Meeting and February 6, 2019 for a Regular Meeting of Council in the Council Chamber.

_____________________________ Aina DeViet, Mayor

_____________________________ Ann Wright, Clerk



Council Meeting Minutes Municipal Office, Council Chambers

Wednesday, January 30, 2019, 5:00 p.m. COUNCIL PRESENT: - Mayor DeViet - Chair presiding, Councillors: Deputy Mayor Brennan, Heffernan, Shipley, Aerts, Silva, Scott

STAFF PRESENT: Ann Wright - Clerk, Tiffany Farrell – Acting CAO/Director of Corporate Services, Scott Mairs - Director of Community Services, Arnie Marsman - Director Planning & Development Services / Chief Building Official, Colin Toth – Director of Fire and Emergency Services, Jake Straus - Transportation Engineering Technologist, Johnny Pereira – Financial Analyst

ALSO PRESENT: Members of the public and press.

1.0 CALL TO ORDER

Mayor DeViet called the meeting to order at 5:01 p.m. and went directly into Closed Session.

2.0 CLOSED SESSION


R2019-042 THAT Council adjourn to closed session at 5:01 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters:

2.1 Section 239 (2) (b) personal matter about an identifiable individual, including municipal or local board employees

CARRIED

Moved by Councillor Silva; seconded by Councillor Scott

R2019-043 THAT Council do now rise out of closed session at 5:33 p.m. and resume to open Council.

CARRIED


January 30, 2019 Special Meeting of Council Minutes Page 2 of 3


R2019-044 THAT Council for the Municipality of Middlesex Centre delegates signing authority to Lee Smith for the purpose of the Apprenticeship Program for Greg Westgate.

CARRIED


None Disclosed


None


None


6.1 Tiffany Farrell, Acting CAO/Director of Corporate Services provided the January 30, 2019 Middlesex Centre 2019 Budget Presentation

Council recessed from 7:14 to 7:26 p.m.


R2019-045 THAT the Council for the Municipality of Middlesex Centre receives the January 30, 2019 Middlesex Centre 2019 Budget Presentation and 2019 Budget Package as information.

CARRIED

7.0 CONSENT AGENDA

None

8.0 STAFF REPORTS

None

9.0 NOTICE OF MOTION

None

10.0 CORRESPONDENCE

None


January 30, 2019 Special Meeting of Council Minutes Page 3 of 3

11.0 COUNTY COUNCIL UPDATE

12.0 OTHER BUSINESS

Councillor Scott gave an update on his attendance at the ROMA Conference

Councillor Silva gave an update on BRA

13.0 BY-LAWS

13.1 By-Law 2019-013 - A by-law to authorize the execution of an agreement between the Municipality of Middlesex Centre and the Employment and Social Development Canada

13.2 By-Law 2019-014 - A by-law to adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on January 30, 2019

Moved by Deputy Mayor Brennan; seconded by Councillor Heffernan

R2019-046 THAT By-Laws 2019-013 and 2019-014 inclusive be approved passed and adopted.

CARRIED

14.0 ADJOURNMENT

Moved by Councillor Silva; seconded by Deputy Mayor Brennan

R2019-047 THAT the Council for the Municipality of Middlesex Centre adjourns the January 30, 2019 Special Meeting of Council at 9:00 p.m.

CARRIED

The next Council meeting is Wednesday, February 6, 2019 at 6:00 pm in the Council Chambers located at 10227 Ilderton Road in Coldstream.


_____________________________ Ann Wright, Clerk


Staff Report

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Report No.: CPS-13-2019 Meeting Date: February 6, 2019 Submitted by: Melissa Kopal, Manager of Finance, Tiffany Farrell, Director of Corporate Services Subject: Resident request for adjustment of water usage

Recommendation: THAT no action be taken on the request to adjust the water usage on the resident’s water account.

Purpose: A resident, Mrs. Acierno, has requested that the Municipality adjust the water usage that was reported on her November 2018 water bill. Mrs. Acierno has spoken with staff at the Municipal office including the Manager of Finance and would like to escalate the issue to Council. The Municipal staff do not have authority to write off water usage when it is not a mistake done by the Municipality.

Background: The Municipality of Middlesex Centre provides water services to the residents within our community. As indicated by By-law 2018-028, all water passing through a water meter must be charged for whether used or wasted. It is the Municipality’s responsibility to bill as per the read on the water meter and we rely heavily on the meter’s technology because of this. It is not the Municipality’s responsibility to verify water usage or be responsible for water leaks past the water meter. The Municipality offers physical meter checks by our Water Technicians for a fee set out in our Fees and Charges By-law. If the water meter is found to measure incorrectly, the cost is assumed by the Municipality and is refunded to the resident. If the resident requests further action after our physical meter check, the water meter can be taken out and sent back to the manufacturer for testing at the home owners cost. If the water meter is found to measure incorrectly, the cost is assumed by the Municipality and is refunded to the resident. If a water meter is found to be not working properly, the Municipality can adjust the usage based on an estimated average readings from the previous months.

Analysis: Refer to Delegation request from Mrs. Acierno.


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The Municipality assisted the resident to the best of their ability to determine the high usage in a set time period with no result. Timeline December 10, 2018 – November water usage and charges were billed to residents (with a due date of December 31, 2018.) Invoice to Mrs. and Mr. Acierno was for $459.70 with water usage of 63 cubic meters. December 12, 2018 – Mrs. Acierno contacted the office to discuss the water bill and usage. The Finance Department discussed potential reasons for the spike in consumption, asked for the current meter read, and provided the day-by-day consumption history to the home owner. The day-by-day consumption history indicated that 5 days had very high water usage (November 25 to November 29), then back to normal consumption for the rest of the period. The Finance Department also offered to send the water meter for testing at an additional cost that would be refundable if an issue is detected. December 14, 2018 – Mrs. Acierno contacted the Manager of Finance to escalate the issue and once again it was offered that a Water Technician from the Municipality to visit the site to inspect the meter. The cost of this was waived ($35). December 20, 2018 – Water Technician performed a physical water meter check, and reported that the meter was working correctly. The water technician performed a leakage test and verified the water meter read. Mrs. Acierno reached out to the office to request an adjustment on the water usage again. December 24, 2018 – The Manager of Finance responded to the above request by offering to reach out to the Manufacturer in the New Year. December 28, 2018 - $154 was paid to the Municipality by Mrs. and Mr. Acierno. January 3, 2019 - $15.29 penalty was charged to the account for short payment. January 4, 2019 – The Manager of Finance discussed the situation with the manufacturer, Badger. The Badger technician informed the Municipality that it was not possible for the meter to read faulty for a few days then read back to normal. Mrs. Acierno was then contacted to inform her of Badger’s response. During this process the Manager of Water and Wastewater and the Supervisor of Water Wastewater were also consulted and have agreed with the Manager of Finance and Badger. Any refund would contravene the Municipality’s water By-Law 2018-028 and may cause other residents to bring forward their high water bills and expect refunds.

Financial Implications:


Staff Report

3

A reduction to November 2018’s usage to an average monthly usage (16 cubic meters) would result in loss revenue of $305.50 plus reversal of penalties of $15.29. There is also risk of loss revenue of other residents that would come forward if a reduction is given in this case. Strategic Plans: Financial: Maintain Financial Integrity


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1

Report No.: BLD-02-2019

Meeting Date: February 6, 2019

Submitted by: Arnie Marsman, Director Building Services / Chief Building Official

Subject: December Building Permit Report

Recommendation: That the December 2018 Building Permit Report be received for information.

Purpose: To provide Council with an update on building permit activity during the month of December, 2018.

Analysis:

PERMIT LOCATION DESCRIPTION VALUE 2018-487 161 Marin Dr SFD Renovation 15,000 2018-488 95 Bowman Dr. (Ilderton) SFD 500,000 2018-489 24489 Coldstream Rd Industrial Building Addition 1,000,000 2018-490 24072 Richmond St SFD Renovation 80,000 2018-491 14678 Ten Mile Rd SFD Renovation 120,000 2018-492 14678 Ten Mile Rd Septic 10,000 2018-493 14873 Medway Rd Demolition 0 2018-494 21347 Vanneck Rd Septic 5,000 2018-495 21347 Vanneck Rd SFD 400,000 2018-496 11430 Sinclair Dr SFD Renovation 195,000 2018-497 11430 Sinclair Dr Septic 40,000 2018-498 10245 Headley Dr SFD Renovation 33,000 2018-499 15 Elmhurst St Demolition 0 2018-500 21222 Vanneck Rd Septic 25,000 2018-501 21222 Vanneck Rd SFD 700,000 2018-502 9930 Glendon (Vet Clinic) Commercial Reno/Finish 300,000


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Summary & Comparative Data Current Month / Year

# Permits Issued

Permit Fees Collected

Development Charges Collected

Value

Permits issued December 2018 16 $27,316 $18,521 $3,423,000 Permits issued YTD to end Dec. 2018 502 $817,205 $1,777,796 $82,902,940

Summary & Comparative Data Same Period Previous Year

# Permits Issued

Permit Fees Collected


Value

Permits issued December 2017 19 $23,984.98 $74,834.72 $2,587,400.00 Permits issued YTD to end Dec 2017 486 $740,375.73 $1,630,992.94 $77,635,800.00

Strategic Plan: Financial – Generate Revenues

BREAKDOWN OF PERMITS NUMBER OF PERMITS THIS MONTH

VALUE ($) YTD NUMBER OF PERMITS TO END OF THIS MONTH

YTD VALUE TO END OF THIS MONTH ($)

New Single Family Residence 3 1,600,000 71 30,255,690 New Semi-Detached 0 0 0 0 New Condominium 0 0 49 11,669,800 New Apartment Building 0 0 0 0 Single Family Additions/Renos 5 443,000 83 4,558,700 Mobile Home/Park Trailer 0 0 18 3,759,000 Garage/Sheds (Res) 0 0 24 670,200 Swimming Pools 0 0 48 1,747,000 Fireplace/Woodstoves 0 0 0 0 Porches/Decks 0 0 51 512,800 Commercial Building/Reno 1 300,000 16 10,436,300 Institutional Building 0 0 8 9,733,000 Industrial Building 1 1,000,000 4 3,816,000 Agricultural Building 0 0 34 9,793,000 Demolition 2 0 27 0 Moving Building 0 0 0 0 Sign 0 0 10 82,800 Plumbing 0 0 7 10,500 Septic 4 80,000 38 524,200 Other (solar panels/tents) 0 0 14 348,950 TOTAL 16 3,423,000 502 82,902,940


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1




Subject: 2018 Building Services –Year End Summary

Recommendation: That the 2018 Building Services –Year End Summary report be received for information.

Purpose: To provide Council with a summary of the Department’s activities in 2018. These activities have been grouped below under headings related to Middlesex Centre’s strategic priorities. Also, year end tables are provided.

Analysis:

Sustainability Green Builder Recognition Program

• In 2018 Middlesex Centre was the recipient of the E.A. Danby Award issued by A.M.C.T.O. for the Green Builder Recognition Program. This award is presented to a municipality for innovative techniques/programs.

• 2018 was the third year of our Green Builder Recognition Program. This program, first of its kind in Southwestern Ontario, was designed to challenge homebuilders to build using sustainable and efficient building practices and materials. In order to qualify a home in our program, builders must have accumulated 40 points in a list of efficient/sustainable options, not required by the Ontario Building Code, which staff has prepared.

• This past year, one home builder, Sifton Properties Limited, qualified under this program.

• In August 2018, the Township of Lucan Biddulph adopted this program. One builder in Lucan Biddulph also qualified for this recognition in 2018.

Department Vehicles • In 2018, two hybrid vehicles were purchased for department staff’s use. These

vehicles will travel up to 80 kilometres per day on a single charge and have a gasoline engine when needed.


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2

Optimize Partnerships Lucan Biddulph

• Have assisted with building inspection services since 2002 and acted as primary Building Department and CBO since 2006.

• Since 2012, we have provided By-law Enforcement services for Lucan Biddulph. • Approximately 1,000 inspections were completed in 2018. • Fees totaling approximately $60,000 were charged for these services

Strathroy Caradoc/Thames Centre

• Have worked with Strathroy Caradoc’s and Thames Centre’s building divisions in arranging for a meeting with homebuilders in 2018. This is further discussed in Communications below.

Middlesex County

• Frequent contact with County Solicitor, Planning and Roads Department.

• Work with the County Fire Inspector in reviewing building plans and situations. Source Protection

• The Thames Sydenham Source Protection Plan (SPP) has been in place since its approval by the Ministry of the Environment and Climate Change in the fall 2015. This plan is intended to protect municipal water supplies by providing a number of policies which apply to landowners, municipalities and the province.

• In 2018, staff has met with Middlesex County Planning to participate in Official Plan and Zoning By-law revisions to bring these documents into compliance with the SPP.

• Middlesex Centre has appointed a Risk Management Official and has two Risk Management Inspectors, trained under Source Protection to address SPP situations.

• Staff has attended several meetings with municipal partners, MOECC and Conservation Authority staff involved in implementing Source Protection policies.

• In 2018, there were no incidents within our source protection areas of Birr and Melrose. South West Chapter of the Ontario Building Officials Association

• Staff have been active members of the chapter which includes building officials representing 30 municipalities in the southwest region of Ontario. In 2018 staff held lead roles within the Chapter as Chapter Co-chair, Secretary of the Chapter’s CBO Subcommittee and Chapter Program Coordinator.


Staff Report

3

TARION Warranty Corporation • Middlesex Centre is one of the 16 municipalities in Ontario participating in TARION’s

Illegal Building Prevention project. This project began in 2014, in which Middlesex Centre was one of the original six to participate. Middlesex Centre won the TARION/Ontario Homebuilder’s Association Partnership Award for this participation in 2015.

Enhance Customer Communications Builder Communications

• In 2018 we’ve shared information to local home builders and extended invitations to OBOA training courses.

• In January 2018, in partnership with Strathroy Caradoc and Thames Centre, staff coordinated a meeting with approximately 40 homebuilders to review a number of items of interest such as energy efficiency code changes, local policies regarding backwater valves, green building and updates of development status.

Increase Customer Satisfaction Backflow Prevention Program

• On behalf of PWE, staff has completed a fourth year of its backflow prevention program. Backflow prevention devices are required by Middlesex Centre’s Water By-law to be tested on all ICI (Industrial, Commercial and Institutional) users of the municipal water system. These devices are installed on the service line downstream of the water meter and are intended to prevent water from back flowing into the water system.

Mandatory Backwater Valves on New Builds

• As required by the Ontario Building Code, where sewer surcharges can occur, a backwater valve (BWV) must be installed. Based on infiltration issues, staff has advised builders that these are now mandatory, thereby providing sewer surcharge protection to landowners. The BWV required must be a specific style which would prevent a landowner from draining groundwater from the basement, thereby protecting the sewers from further infiltration potential.

Development Pre-consultation

• Staff works closely with other departments and the County Planner in meeting with potential commercial and industrial developers. This process is encouraged for those proposing developments within Middlesex Centre. A review of building permit applications while planning applications are heard is an option often made so that permits may be issued immediately once all approvals are received.


Staff Report

4

Revenue Generation Building Permit Fees

• Building activity realized in 2018 has provided for a departmental surplus which will be deposited into the building department reserve fund to be used for future building department budgets. In accordance with council’s direction in 2015, building department fees have increased by the Construction Price Index which is 2.8%. Fees generated are outlined in the tables below.

Year End Reports The following tables provide details pertaining to types of permits, previous years’ activities, fees and construction values. Housing Starts The following table summarizes new residential starts throughout the Municipality for the past five years:

LOCATION 2014 2015 2016 2017 2018 Delaware 5 2 3 3 2 Rural Area (former Delaware Township)

2 3 2 2 4

Kilworth 26 41 30 7 1 Komoka 14 12 20 55 71 Coldstream, Poplar Hill 3 1 0 2 1 Rural Area (former Lobo Township) 3 2 2 7 5 Ilderton 28 25 30 45 29 Arva 0 0 0 0 0 Birr 0 0 0 1 0 Melrose 0 0 0 1 1 Ballymote 0 0 0 0 0 Denfield 0 0 0 0 0 Bryanston 0 0 0 5 2 Rural Area (former London Township)

4 2 7 5 4

TOTAL HOUSING STARTS 85 88 94 133 120


Staff Report

5

Annual Summary and Comparison with Previous Years

TYPE

2014 Permits

2015 Permits

2016 Permits

2017 Permits

2018 Permits

New Single Family Dwelling

85 82 69 116 71

New Semi Detached Residential Dwelling

0 0 0 0 0

Condominium / Apartment Building

1 (4 units) 6 25 17 49

Single Family Additions, Decks, Fireplaces etc.

69 90 95 117 134

Garages /Sheds

30 26 26 30 24

Swimming Pools

22 30 38 48 48

Commercial/Industrial

9 24 14 15 20

Agricultural Buildings

22 29 30 41 34

Institutional Buildings

9 3 11 3 8

Signs

8 6 3 4 10

Demolitions

12 15 16 17 27

Plumbing

1 2 7 4 7

Septic

36 28 32 43 38

Moving

0 1 0 1 0

Park Model Trailer / Mobile Homes/Other

18 16 18 30 18

Total Permits

322 358 384 486 502

Value

$46,136,700. $48,748,850. $46,806,200. $77,635,800. $82,902,940


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Comparison of Permit Fees and Development Charges from 2014 to 2019 2014 2015 2016 2017 2018 Permit Fees (Building, Plumbing & Septic)

$332,785.00 $392,710.16 $503,172.98 $740,375.73 $817,205


$1,004,026.60 $1,205,506.21 $1,145,339.95 $1,630,992.94 $1,777,796

Building/Plumbing/Septic Inspections (excluding Lucan Biddulph) Number of inspections completed by Middlesex Centre Building Officials within Middlesex Centre:

Year 2014 2015 2016 2017 2018 # of Inspections

3034 2950 2994 2805 2850

Lucan Biddulph – Building and By-law Enforcement Activity for 2018 • 119 permits issued • Revenue from providing building inspection and By-law enforcement services to Lucan

Biddulph – approximately $60,000 • Conducted approximately 1,000 site visits (Building and By-law Enforcement combined) • A copy of the year end Lucan Biddulph Building Report will be provided to Middlesex

Centre council at a later date.

Strategic Plan: Sustainability Optimize Partnerships Increase Customer Satisfaction Generate Revenues


Staff Report

1




Subject: 2018 By-law Enforcement Year End Summary

Recommendation: THAT the 2018 By-law Enforcement Year End Summary report be received as information.

Purpose: To advise Council of the status of by-law enforcement matters for the year 2018.

Information: New Staff

In August 2018, Mark Russell was hired as our full time By-law Enforcement & Property Standards Officer. Mark also assists the building department with administrative tasks, oversees the Commissionaires, and is a Risk Management Inspector (RMI) under Source Water Protection.

New By-laws

The following By-laws have been brought to council for approval in 2018:

• Streets By-law: This by-law regulates obstructions within a road allowance.

• Parking By-law: This by-law regulates parking/stopping activities within the road allowance and on municipal property, including identifying prohibited zones.

By-law Enforcement Training

November 2018 – Building and the Commissioners received a training session/ review on provincial offences and parking. This training package was developed and presented by Mark Russell.


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2

Proactive By-law Enforcement Patrols

• The Commissionaires conduced significant patrols in 2018. While patrolling, the employees are also observing for other by-law matters such as burning and illegal dumping of wastes.

• Commissionaires conducted approximately 800 hours of overnight parking and security patrols in municipal parks and other public spaces to ensure safety and security of persons and property and compliance with Animal Control on/off leash requirements.

By-law Enforcement Files documented in 2018

By-laws & Complaints Number of Files Opened 2018

Number of Files Closed 2018

Total Number of Files in Action

Animal Control – (Enforcement) 28 22 6 Building 4 3 1 Discharge of Firearms 0 0 0 Clearing of Land 33 29 4 Encroachments/ Alteration to Municipal property (No by-law applicable)

2 1 1

Fence 8 8 0 Fireworks 1 1 0 Noise 3 3 0 Open Air burning 1 1 0 Parking 4 4 0 Property Standards 10 6 4 Sign 0 0 0 Site Alteration 0 0 0 Streets 1 1 0 Swimming Pool Enclosure 1 0 1 Trespass 3 3 0 Water 1 1 0 Zoning 18 9 9 Total 118 92 26


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Charges, Orders, and Warnings Issued in 2018

Action Taken Numbers Certificate of Offences Issued (Set Fine – Part 1) 15 Parking Tickets Issued (Part 2) 36 Parking Warnings 243 Information & Summons (Part 3) 0 Property Standard Orders Issued 1 Obstructions Warnings on Roads 29

Financial Implications: None

Background:

Information in this report was prepared by Mark Russell, By-law Enforcement Officer.

Strategic Plan: Customer – Increase Customer Satisfaction


Staff Report


Submitted by: Scott Mairs – Director, Community Services

Number: CMS-01-2019

Subject: Douglas B. Weldon & Delaware Municipal Park – Playground Equipment RFP Results

Recommendation:

THAT the Douglas B. Weldon & Delaware Municipal Park Playground Equipment Project be awarded to Henderson Recreation Equipment Ltd. with a total cost of $129,863.90 (excluding HST).

FURTHER THAT the project receives pre-budget approval to allow the project to be completed prior to the start of the park season.

Purpose:

To inform Council regarding the tender results of the Douglas B. Weldon & Delaware Municipal Park Playground Equipment Project.

Background:

In accordance with the corporate Procurement of Goods & Services Policy, dated June 22, 2016, Request for Proposal No. CS-2019-01 was publically procured utilizing Biddingo.com, an online portal that connects suppliers providing various goods and services to buyers from the Municipal, Provincial, Education, Crown Corporation, Housing, Construction and Healthcare sectors and Private companies from across Canada.

Analysis:

Following the submission of bids on January 24, 2019, the evaluation committee reviewed the submissions on January 25th as per the evaluation criteria set out below.


Rated Criteria Category Weighing (Points)

Corporate Qualifications & Experience 10 Team Qualifications & Experience 7 Warranty 5 Submission Content 10 Project Understanding & Approach 8 Playground Design 60

A total of seven proposals were received as followed

Company Base Bid Play Power LT Canada Inc $129,885.12 ABC Recreation $128,948.13 Play KSL $129,985.00 Park N Play $129,673.29 Play World $129,883.00 Open Space Solutions $127,865.00 Henderson Recreation Equipment Ltd. $129,863.90

Henderson scored the highest as per the evaluation grid criteria and have met all requirements set out in the RFP.


The total cost excluding HST is $129,863.90. $120,000 will come from an Ontario Trillium Grant leaving $9,863.90 which will come from the Building & Facility Reserve.

Strategic Plans:

Middlesex Centre’s 2012-2017 Strategic Plan, identifies one of its Strategic Themes as Quality of Life and a priority of ‘Building Recreational Opportunities’.


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Report No.: CPS-10-2019 Meeting Date: February 6, 2019 Submitted by: Tiffany Farrell, Director of Corporate Services Subject: Trillium Grant Contract

Recommendation: THAT the Director of Corporate Services be authorized to sign the electronic contract with the Ontario Trillium Foundation for Contract CP104537 for $120,000 in capital funding for 2019.

Purpose: To present to Council that the Municipality was successful in obtaining the Ontario Trillium Foundation Capital Stream Grant for 2019 for the capital equipment costs for the Delaware and Arva Parks.

Background: Capital projects are eligible under the capital grant stream for the Ontario trillium foundation. Middlesex Centre applied for the playground equipment that was included in the 2019 budget for Delaware and Arva parks in 2018 after obtaining permission from Council. The Ontario Trillium Grant program only provides an electronic contract to be signed by one individual the Primary Contact which is the Director of Corporate Services.

Financial Implications: Grant Revenue up to $120,000.00 for 2019 Included in the 2019 budget

Strategic Plans: Financial: Generate Revenues


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1

Report No.: CPS-11-2019 Meeting Date: February 6, 2019 Submitted by: Tiffany Farrell, Director of Corporate Services Subject: Budget 2019

Recommendation: THAT Council approve By Law 2019-016 to adopt the current budgetary estimates for the year 2019. THAT Council approve By Law 2019-017 to establish a levy for the year 2019, to adopt tax rates for 2019 and to provide for penalty and interest in default of payment and the collection thereof.

Purpose: To formally adopt the 2019 budget and direct the setting of the 2019 tax rates.

Background: On January 30, 2019 staff presented the 2019 draft budget to Council.

Analysis: The Draft Capital and Operating budgets were presented to Council and the public in November and December of 2018 and January of 2019. Since that time there have been no further questions or request for changes from Council or the public. No changes have been made to the 2019 proposed budget.

Financial Implications: The 2019 levy increase is proposed at 9.29%, resulting in an increase in the 2019 residential tax rate of 1.77%.

Strategic Plans: Financial: Generate Revenue


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Report No.: CPS-12-2019 Meeting Date: February 6, 2019 Submitted by: Tiffany Farrell, Director of Corporate Services Subject: Proposed Budget Impacts

Recommendation: THAT the compliance report for expenses excluded from the 2019 budget outlined in report CPS-11-2019 as a requirement of Ontario Regulation 284/09 passed under the Municipal Act, 2001 be received.

Purpose: As required under Ontario Regulation 284/09, a municipality shall, before adopting a budget for the year that excludes the non-cash expenses listed below, prepare a report about the excluded expenses and adopt the expenses by resolution. The report must contain an estimate of the change in the accumulated surplus of the municipality to the end of the year resulting from the exclusion of the non-cash expenses and an analysis of the estimated impact of the exclusion of any of such expenses on the future tangible capital asset funding requirements of the Municipality. Expenses:

1. Amortization expense – estimated at $6.4M excluded from the 2019 budget. 2. Post-employment benefits expenses – not applicable 3. Solid waste landfill closure and post-closure expenses – not applicable

Background: As a municipality, Middlesex Centre is required to follow the accounting standards established by the Public Sector Accounting board. With the introduction of tangible capital asset accounting in 2009, the new accounting standards do not require budgets to be prepared on a fully accrued basis. The Municipality continues to prepare budgets on a modified accrual basis. The annual budget of a municipality is an important exercise, one which plans for current and future activities and acquisitions. A key outcome of the annual budget is a tax rate which Council is asked to approve. This tax rate is based on annual cash requirements and therefore does not include the PSAB requirements around accrual accounting and accounting for “non-financial assets and liabilities.”

Analysis The Ontario Regulation 284/09 requires that the municipality report on the impact of these excluded costs:

1. Amortization expense 2. Post-employment benefits expenses 3. Solid waste landfill closure and post-closure expenses

Before adopting a budget for the year that excludes any of the expenses listed above, Council must adopt the report by resolution.


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The Municipality of Middlesex Centre’s 2019 proposed budget and associated tax levy excludes the following:

1. Amortization expenses, estimated at $6.2M, since amortization is a non-cash expense. 2. The Municipality does not have any post-employment benefits expense. 3. Solid waste landfill closure and post-closure expenses are zero as the Municipality does

not have responsibility for landfill sites.

Although, amortization expenses should not be used to determine the impairment of an asset, it is used to attribute the capital cost over the life of the asset and is a good tool to predict the future annual financial commitment required for asset rehabilitation. The 2019 budget includes contributions to capital replacement reserves as well as contributions for the replacement and rehabilitation of capital assets in excess of the $6.2M of estimated amortization expense in the current year. 2019 Proposed Budget – Cash Based Proposed Budget Tax Levy $18,006,804 Proposed Budget Revenues $37,520,647 Proposed Budget Expenditures $(55,527,451) Surplus/(Deficit) $ - Add Expenditures Excluded from Cash Based Budget Amortization Expense $(6,384,186) Exclusion impact on Accumulated Surplus/(Deficit) $(6,384,186) Remove Non PSAB Items from Cash Based Budget Debenture Principal Repayments $1,368,049 Transfer to Reserves $10,278,486 Contributions from Reserves $(21,540,385) Funds from Debenture Issuances (Note A) Nil Fixed Asset/TCA Expenditures $21,411,479 Total Impact on 2019 Accumulated Surplus/(Deficit) $5,133,443 Note A – Funds from debentures issuances is noted as nil. The Municipality is obtaining debt to fund development charges. The funding from development charges are noted under contributions from reserves, therefore it has not been double counted by including it under debenture issuance. Overall, amortization listed above has a major impact on the 2019 accumulated surplus amount. The amortization expense reduces the surplus amount and also reduces the net book value of the Tangible Capital Assets reported on the annual audited statement of financial position. Fixed asset purchases of $21,411,479 documented above are higher than the amortization. This is positive as the Municipalities assets are not declining at a faster rate than they are being replaced. Budgeted amortization amounts are based on a projection of existing assets and the associated annual amortization charge. It does not include a projection for assets not yet in service or new assets that haven’t yet been recorded in the fixed asset sub ledger


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Strategic Plan: Financial: Maintain Financial Integrity Financial: Manage Costs


Staff Report

Report No.: PWE 01-2019 Meeting Date: February 6, 2019

Submitted by: Jake Straus C.E.T. – Transportation Manager, Public Works & Engineering Subject: Garden Avenue Storm Sewer Replacement Engineering Services Project

Award

Recommendation: THAT the provision of detailed design and contract administration engineering services associated with the Garden Avenue Storm Sewer Replacement Engineering Services Request for Proposal 19-01 submission received from Stantec Consulting Ltd. in the amount of $119,523.25 (excluding HST) be awarded; and,

FURTHER THAT the Mayor and Clerk be authorized to execute the necessary contract documents.

Purpose: To inform Council regarding the submission results of the Garden Avenue Storm Sewer Replacement - Engineering Services Project.

Background: This engineering assignment will undertake the detailed design, tendering, and contract administration.

The work is to be completed in two (2) phases:

• Phase 1: Detailed Engineering Design • Phase 2: Tendering and Contract Administration

Analysis:

The six following local specialized consultants were provided with the Request for Proposal and subsequently invited to submit a proposal, in which all six proposal submissions were received and evaluated by an Evaluation Team from the Municipality:

• AECOM Canada Ltd. • AGM Engineering • Dillon Consulting Ltd. • GM Blue Plan Engineering Ltd. • MTE Consulting Inc. • Stantec Consulting Ltd.

The Evaluation Team used a ‘Quality Based Selection Process’ utilizing a procurement process in which bids were received in one envelope. The proposal submission was limited to ten pages


Staff Report

of legible text in the main body, followed by CVs, figures, charts and graphics included in the appendix. The assessment weighting was broken into the following:

Understanding of Project Success Factors: 20 (%) General Approach: 10 (%) Experience & Knowledge of Projects of a Similar Nature: 15 (%) Qualifications & Skills of Staff Assigned to Project: 25 (%) Consultant Performance Rating Score (including cost): 30 (%)


As detailed above, the Evaluation Team completed a ` Quality Based' evaluation and selection process in accordance with the Request for Proposal, and subsequently the proposal submission from Stantec Consulting Ltd. was deemed the successful proponent and was selected for award.

Public Works and Engineering administration staff had budgeted $1,470,000.00 for engineering services, contract administration and construction in the pending 2019 Capital Budget.

Strategic Plan: N/A


From: AMO CommunicationsTo: Ann WrightSubject: AMO-eSCRIBE Partnership: An IntroductionDate: January-30-19 6:01:23 PM

AMO Update not displaying correctly? View the online version | Send to a friendAdd [email protected] to your safe list

January 30, 2019

Dear Members,

This week, AMO announced a partnership with eSCRIBE to offer members secure,cloud-based, paperless meeting management and livestreaming solutions. Thesoftware is designed to increase transparency to citizens and drive operationalefficiencies for municipal staff.

eSCRIBE’s paperless meeting management solution is currently used by manymunicipalities in Canada to save time, lower costs, and increase stakeholderengagement. The technology reduces resources required to support meetings,allowing staff to focus more on serving residents.

Join us for a free webinar on Wednesday, February 13, 2019 from 12:00pm to1:30pm where AMO and eSCRIBE will discuss the partnership and the technology thatwill be offered to members.

*Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completenessof third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned.

Please consider the environmentbefore printing this.

Association of Municipalities of Ontario200 University Ave. Suite 801,Toronto ON Canada M5H 3C6

Wish to Adjust your AMO Communication Preferences ? Click Here


mailto:[email protected]


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Conservationist of the Year Award

Eligibility

Individuals, farms, organizations, or companies who either reside in, or

have completed conservation work within, the area of jurisdiction of the Ausable Bayfield Conservation Authority (ABCA), are eligible to win the Conservationist of the Year award. Current ABCA staff members and directors are excluded.

Recognition

Ausable Bayfield Conservation will

make a donation towards a tree and plaque at a Commemorative Woods site maintained by the Ausable Bayfield Conservation Foundation.

• Rick Quinn and Diane Hawthorne and Family

• Mels and Ruthanne van der Laan, of Cold Stream Ranch

• Lambton Shores Phragmites Community Group

• Cordner Farms – Jane Sadler Richards and Doug Richards

• Bob Norris• Peter Darbishire• Joan and John Love• Ann and Bill Phelan • Exeter Lions Club• Patricia Down * and Robert

Down• Lorne Teeple *• Grand Bend Community

Foundation

• Stewardson Dairy • Boys’ & Girls’ Club, London

(Middlesex ECO Crew) • Shadyside Farms, Paul and Vic Hodgins• Ray Letheren, Friends of

the Bayfield River• Environmentally Concerned

Citizens of Lambton Shores• Andy deBoer• Stephanie Donaldson• Everet and Joan Van

Sligtenhorst• John MacPherson• Straw Family• George Cantrick * • David McClure• Brian Arnold• Fred Dobbs• Lions Club of Arkona• Village of Arkona • Township of Hibbert

• Stephen Bright • Dinney Funeral Home • Huron Fish and Game Club • Garry Palmateer • Lions Club of Clinton • Bluewater Recycling Assoc.• Andrew Dixon • Ralph and Eleanor Smith • Elmer Trick • Armstrong East Cottage

Association • Lambton Wildlife Inc. • David Ball • Adelaide Township • Arnold Westlaken • Tuckersmith Township • Van Loon Farms• Village of Hensall • Bob Montgomery • Jim Reeve • DEL Farms • Bud Walker • Bert and Margaret Daynard

• Ausable Anglers Club • Carfrey Cann • Keith Connelly • John Deeves • Nancy Glendinning • Hayter Turkey Farms • Peter Rombouts • Bill Thirlwall • Ausable Nomads • Dearing Farms • Huron Soil and Water

Conservation District • Murray and Ron McRae • Huron Board of Education • Thomas Doherty • Huron Centennial School • Jerry Giesen • Claybird Gun Club • Wayne Woods • Bayfield Anglers Association • Jay Campbell* Asterisk denotes that the award was given posthumously.

Conservationist of the Year award winners in the past:

Criteria

Ausable Bayfield Conservation has recognized outstanding achievements in conservation, each year since 1984, with

an award to the Conservationist of the Year. The Conservation Award

acknowledges one individual, farm, business, or group per year who demonstrates positive conservation principles. The nominee must have undertaken conservation efforts over a number of years that have shown long-term benefits for water, soil, and living things. Examples include:

• Improving local water quality• Conservation farming• Reforestation• Environmental education• Providing wildlife and fish habitat• Promoting environmental awareness + action

What is the Conservationist of the Year Award?

Please go to nomination form on the back of this page


Conservationist of the Year Award

Please send nomination form to: Ausable Bayfield Conservation Authority (ABCA) • 71108 Morrison Line • RR 3 Exeter, ON • N0M 1S5Attention: Tim Cumming, Communications Specialist E-mail: [email protected] • Website: abca.caPhone: 519-235-2610 • Toll-free: 1-888-286-2610 • Facsimile: 519.235.1963

I wish to nominate the following person or organization:

E-mail (optional):

Telephone:Postal code:

Their address:

Contact name (if nominee is organization or business):

Nomination Form

Address:

Your name:

This nomination is being submitted by:

E-mail (optional):

Telephone:Postal code:

Name of nominee:

The nomination deadline is Friday, February 15, 2019. The award is to be presented at the Partner Appreciation Evening held Thursday, March 21, 2019 at Ironwood Golf Club in Exeter.

Tell us why this person or organization is deserving in 300 words or less:

NOTICE OF COLLECTION: Personal information on this form is collected under legal authority of the Conservation Authorities Act for the purposes of reviewing and evaluating, by Ausable Bayfield Conservation Authority, of nominations and the work of nominees to create environmental awareness and/or take positive actions for a healthier watershed. This information will also be used to assist conservation authority staff to recognize recipients through awards night and public recognition. Questions regarding this collection can be made to Brian Horner, Freedom of Information and Protection of Privacy Officer, ABCA, 71108 Morrison Line, RR 3 Exeter, ONN0M 1S5 or phone 519-235-2610 or 1-888-286-2610.


1340 Pickering Parkway, Suite 101, Pickering, ON L1V 0C4 www.mpac.ca

December 14, 2018 To: Chief Administrative Officers, Chief Financial Officers, Clerks,

Treasurers and Tax Administrators From: Carla Y. Nell, Vice President, Municipal and Stakeholder Relations Subject: 2018 Year-End Assessment Report As part of our continued commitment to stakeholder engagement and information sharing with our municipal partners, we have prepared the attached 2018 Year-End Assessment Report, which will be of interest to both municipal administration and elected officials. This report provides a high-level summary of MPAC’s 2018 activities that are relevant to the municipal sector, and also two municipal level snapshots of the assessment changes unique to your municipality. This report will also be provided to Municipal Clerks for submission to municipal councils in January 2019. In the interim, I encourage you to review the report and share any questions with your MPAC Municipal and Stakeholder Relations Regional Manager and/or Account Manager. Happy Holidays, Carla Y. Nell Vice-President, Municipal and Stakeholder Relations Attachments Copy Regional and Account Managers


http://www.mpac.ca/

2018 YEAR-END ASSESSMENT REPORT FOR THE 2019 TAX YEAR AS OF DECEMBER 2018


2018 YEAR-END ASSESSMENT REPORT | 2

About MPAC 3The Property Assessment Cycle in Ontario 4Purpose of this Report 42018 Highlights 5Maintaining Your Annual Assessment Roll 5New Assessment 5Requests for Reconsideration and Appeals 6Service Level Agreement (SLA) 7Looking Ahead to the Next Assessment Update 8Conclusion 9

Table of Contents


As an independent, not-for-profit corporation, our assessments follow the Assessment Act and other legislation and regulations set by the Government of Ontario. We also have a Board of Directors made up of provincial, municipal and taxpayer representatives.

MPAC’s expertise is in property assessment, customer service and technology. It is these components of MPAC’s work that make our contribution to Ontario so valuable.

MPAC is responsible for assessing more than 5 million properties in Ontario, of all types (residential, business and farms), representing $2.78 trillion in property value. We take property assessment seriously because it’s the part we play in helping to make the communities we all live in stronger.

About MPAC

mpac.ca

Learn more at:

MPAC stands for Municipal Property Assessment Corporation, and the MPAC team is made up of assessment experts who understand local communities and assess every property in Ontario. Our assessments provide the very foundation that municipalities use to base the property taxes needed to pay for the services we use every day.



http://mpac.ca

http://mpac.ca


The Property Assessment Cycle in OntarioWe update the assessment of every property in Ontario every four years to capture changes to properties and the real estate market.

While the effective valuation date of January 1, 2016 remains constant during the four-year cycle, we are responsible for providing an updated annual Assessment Roll to each municipality that includes:➤ Changes to property ownership➤ Changes to state and condition of a property➤ Updates to the assessed value and classification ● New construction, demolitions and consolidations ● Requests for Reconsideration (RfR) and Assessment

Review Board (ARB) decisions

In advance of the 2019 property tax year, we delivered more than 800,000 Property Assessment Notices to property owners across Ontario where there was a change in property ownership or value. Your municipality also recently received the 2018 Assessment Roll for the 2019 property tax year and the electronic Year-End Tax File. This file includes the updates we made during 2018 to keep your Roll current.

Purpose of This ReportWe have prepared this report to assist you in understanding changes in your assessment base to inform ongoing budget and tax policy planning. The report also provides an update on the work we have undertaken over the course of 2018 to deliver an updated and stable Assessment Roll.

In addition, the report shares our plan for the next Assessment Update in 2020, which will provide property values for the 2021–2024 property tax years.

Attached to this report are two municipal-level assessment snapshots:

1. Assessment Change Summary Provides the updated 2016 current value assessment (destination) and a comparison of the phased-in assessments for the 2018 and 2019 tax years

2. Assessment Base Distribution Compares the distribution of the total 2018 and 2019 phased-in assessments and includes the percentage of the total assessment base by property class

IntroductionOntario municipalities rely on MPAC to provide expert opinions on the value of properties in our communities. We understand that turning these opinions into assessments goes beyond the determination of values. The work we do includes producing the products and services you require to understand, maintain and support your assessment base, such as property data, phase-in, classification, new assessment and appeals. The 2018 Year-End Assessment Report provides an update on these items.

properties in Ontario

5 MILLION

Responsible for assessing and classifying more than

$2.78Tin property value

Representing

800,000We delivered

more than

Property Assessment

Notices


ZONE 1$4.99B

ZONE 2$9.18B

ZONE 4$8.03B

ZONE 3$8.53B

ZONE 6$3.38B

ZONE 7$618M

ZONE 5$3.64B


Maintaining Your Annual Assessment RollHaving accurate and timely data is critical to the assessment process. Throughout the year, we complete regular quality control processes. Specifically, we review assessments and property classification changes received through:➤ Building permits➤ Vacancy applications➤ Tax applications➤ Subdivision plans

This ensures information is both current and accurate. This ongoing assessment work provides confidence that the information in your Assessment Roll is reliable and ready to support your budget and tax planning.

New Assessment In 2018, we delivered more than $38 billion in new assessment to municipalities across the province. We successfully processed more than 85% of this new assessment within one year of occupancy.Timely processing of new assessment from new

construction or additions to existing property and accurate forecasting of new assessment were identified as key municipal priorities and are included in our Service Level Agreement with municipalities.

New Assessment ForecastingA significant change in 2018 was the presentation of the quarterly new assessment forecast and our commitment to capture a minimum of 85% of all new assessment within one year of occupancy, based on availability of information from your municipality.

The other important change in 2018 came from you, our municipal partners.

This year, we started delivering new assessment progress reports on a quarterly basis to support ongoing dialogue between MPAC and municipalities about current and future growth trends and to provide a better sense of future taxable amounts.

2018 HighlightsOur assessments support the collection of nearly $20 billion in municipal taxes annually. We understand how important our work is to you, which is why we offer a range of services that enables you to understand and employ those values. No two assessment bases are the same. As such, we understand the need to share insights and develop understanding with all municipalities about how markets and communities are changing.

2018 NEW ASSESSMENT BY ZONE

in new assessment to municipalities across the province

$38 billion

We delivered more than


ZONE 11,790

ZONE 22,907

ZONE 44,403

ZONE 31,937

ZONE 62,646

ZONE 7914

ZONE 5945


We continue to work closely with the ARB and other parties, providing impartial, expert opinions to support the appeal process.

We have seen a steady decrease in the number of RfRs and appeals; since 2009 the number of RfRs filed has decreased by 50% and the number of appeals has decreased by 40%.

We will continue to work with the ARB and other parties to improve the efficiency and effectiveness of the appeals process, with the goal of reducing the time to resolve appeals.

Requests for Reconsideration and AppealsAnother important activity we continue to work on throughout the four-year assessment cycle is responding to and processing assessment changes because of Requests for Reconsideration (RfR) and Assessment Review Board (ARB) appeal outcomes. This information is applied to your Assessment Roll throughout the year as part of our ongoing efforts to maintain and deliver stable Assessment Rolls.

2018 TOTAL NUMBER OF COMPLETED APPEALS BY ZONE

We have seen a steady decrease in the number of RfRs and appeals

since 2009

From January 1 to October 31, 2018, MPAC completed a total of 27,917 Requests for Reconsideration

Requests for Reconsideration Appeals

2009 20092013 20132017 2017

2009, 2013 and 2017 represent the first tax year of the last three Assessment Updates, when the majority of appeals are filed.



We implemented the SLA in 2017, and the end of 2018 marks a full year of measuring against these service levels.

In 2018, we also launched the SLA Reporting Tool in Municipal Connect to offer an at-a-glance snapshot to guide discussions around SLA objectives, help improve service delivery and promote shared accountability. At the end of our first year, MPAC is happy to report that we have met 96% of all service levels and have worked closely with municipalities, including remedial action, when service levels have not been met.

Service Level Agreement (SLA)The service levels in the SLA represent the most important MPAC deliverables as identified by you, our municipal partners. The SLA itself defines high performance standards in key service areas; outlines the roles, responsibilities and dependencies of both parties – reinforcing our shared accountability.

We have met

of all service levels



The four-year phase-in program remains in place, meaning values will be effective for the 2021 to 2024 property tax years. As in the past, all assessment increases are phased-in over four years and assessment decreases are applied immediately.

The earlier valuation date increases the availability of data used to prepare valuations and will provide more time to consult and share preliminary market insights when our engagement activities begin in earnest in 2020.

This will enable MPAC and stakeholders to identify and resolve potential issues before the return of the Roll in December 2020.

Looking Ahead to the Next Assessment UpdateA key change leading up to the 2020 Assessment Update is the new valuation date of January 1, 2019, passed into legislation by the Province of Ontario. This is two years in advance of the first tax year to which the Assessment Update will apply. In the previous Assessment Update, the valuation date preceded the first tax year by one year.

20122013-2016Tax Years

January 1, 2012(Valuation date)

20162017-2020Tax Years


20202021-2024Tax Years




Through greater collaboration between MPAC and municipalities, we remain committed to continuously improving our service, and we encourage you to share your feedback with us on the delivery of our products and services.

Your local Municipal and Stakeholder Relations team is available to support you with any of our products or services. Please contact your Regional Manager, Account Manager, or Account Support Coordinator if you have any questions or would like more information about this report.

ConclusionAt the core of our new 2017–2020 Strategic Plan is the theme “Valuing What Matters Most.” For municipalities, we value building the customer and municipal relationship. This means enhancing the transparency of new assessment forecasts, processing assessment adjustments in a timely way, ensuring traceability and transparency in our assessment valuation and methodology, and keeping stakeholders apprised of changes in the market that may impact property values.


https://www.mpac.ca/Municipalities

APPENDIX 1 Assessment Change Summary by Property Class


The following chart provides a comparison of the total assessment for the 2016 base years, as well as a comparison of the assessment change for 2018 and 2019 property tax year by property class.

Property Class/Realty Tax Class 2016 Full CVA 2018 Phased-in CVA 2019 Phased-in CVA Percent Change

2018 to 2019

R Residential 2,397,381,190 2,312,535,750 2,354,958,419 1.8%

M Multi-Residential 9,882,000 9,427,500 9,654,750 2.4%

C Commercial 124,082,400 114,806,807 119,444,601 4.0%

S Shopping Centre 216,500 159,200 187,850 18.0%

X Commercial (New Construction) 14,078,800 13,310,308 13,694,555 2.9%

I Industrial 12,483,600 11,295,023 11,889,312 5.3%

J Industrial (New Construction) 689,500 653,122 671,311 2.8%

P Pipeline 124,475,000 117,267,739 120,871,369 3.1%

F Farm 1,623,205,814 1,278,658,841 1,450,932,327 13.5%

T Managed Forests 4,017,726 3,325,226 3,671,476 10.4%

(PIL) R Residential 503,000 503,000 503,000 0.0%

(PIL) C Commercial 9,167,000 8,514,278 8,840,638 3.8%

(PIL) F Farm 169,000 159,500 164,250 3.0%

E Exempt 113,110,970 99,201,806 106,156,386 7.0%

TOTAL 4,433,462,500 3,969,818,100 4,201,640,244 5.8%


APPENDIX 2 Assessment Base Distribution Summary by Property Class


The following chart provides a comparison of the distribution of the total assessment for the 2016 base year, and the 2018 and 2019 phased-in assessment which includes the percentage of the total assessment base by property class.

Property Class/Realty Tax Class 2016 Full CVA Percentage of

Total 2016 CVA 2018 Phased-in CVA

Percentage of Total 2018 CVA

2019 Phased-in CVA Percentage of

Total 2019 CVA

R Residential 2,397,381,190 54.1% 2,312,535,750 58.3% 2,354,958,419 56.0%

M Multi-Residential 9,882,000 0.2% 9,427,500 0.2% 9,654,750 0.2%

C Commercial 124,082,400 2.8% 114,806,807 2.9% 119,444,601 2.8%

S Shopping Centre 216,500 0.0% 159,200 0.0% 187,850 0.0%

X Commercial (New Construction) 14,078,800 0.3% 13,310,308 0.3% 13,694,555 0.3%

I Industrial 12,483,600 0.3% 11,295,023 0.3% 11,889,312 0.3%

J Industrial (New Construction) 689,500 0.0% 653,122 0.0% 671,311 0.0%

P Pipeline 124,475,000 2.8% 117,267,739 3.0% 120,871,369 2.9%

F Farm 1,623,205,814 36.6% 1,278,658,841 32.2% 1,450,932,327 34.5%

T Managed Forests 4,017,726 0.1% 3,325,226 0.1% 3,671,476 0.1%

(PIL) R Residential 503,000 0.0% 503,000 0.0% 503,000 0.0%

(PIL) C Commercial 9,167,000 0.2% 8,514,278 0.2% 8,840,638 0.2%

(PIL) F Farm 169,000 0.0% 159,500 0.0% 164,250 0.0%

E Exempt 113,110,970 2.6% 99,201,806 2.5% 106,156,386 2.5%

TOTAL 4,433,462,500 100% 3,969,818,100 100% 4,201,640,244 100%





Ontario Farmland Trust, c/o University of Guelph, SEDRD, Guelph, ON N1G 2W1

(519) 824-4120 ext. 52654 | [email protected] |www.ontariofarmlandtrust.ca

1

January 15, 2019

Michael Helfinger

Intergovernmental Policy Coordination Unit

900 Bay Street, Hearst Block, 7th floor

Toronto, ON

M6H 4L1

RE: EBR Registry # 013-4293 for input on the proposed Bill 66, Restoring Ontario’s

Competitiveness Act, 2018

Ontario Farmland Trust (OFT) is a not-for-profit organization whose mission is to protect and

preserve Ontario farmlands and associated agricultural, natural, and cultural features of the

countryside. OFT achieves this through direct land securement, stewardship, policy research and

education to benefit all Ontarians.

Thank you for the opportunity to submit feedback on the proposed Bill 66, Restoring Ontario’s

Competitiveness Act, 2018. OFT has played an active stakeholder role in the development of

policies that support a prosperous, sustainable and permanent farm sector, including those

contained in the Growth Plan, Greenbelt Plan, and Oak Ridges Moraine Conservation Plan. In an

effort to continue working with the Province to develop responsible planning policies that

support the agri-food sector, OFT has detailed its concerns regarding Schedule 10 of the

proposed Bill 66, Restoring Ontario’s Competitiveness Act, 2018, in the following document.

Ontario’s agri-food sector is a major economic engine for the province. In terms of job creation

and economic growth, a 2018 report confirmed that the agri-food sector contributes over $39

billion to Ontario’s GDP and employs more than 820,000 Ontarians in the supply chain [1]. This

contribution is overwhelmingly significant in rural areas, where roughly 12% of the GDP and

10% of rural jobs are attributed to the farm sector [2]. Ontario is also positioned favourably to

attract agricultural and manufacturing investment because it is a global leader in the agri-food

industry and houses one of the largest agri-food hubs in North America. This, in turn, generates

growth in employment and GDP.

OFT believes that, as currently written, the Open-for-Business Zoning By-law proposed within

Schedule 10 of Bill 66 places the agri-food sector and its substantial economic benefits at an

unacceptable level of risk. If adopted it will jeopardize the economic contributions of the agri-

food sector and expose rural areas to greater economic vulnerability. As such, OFT

recommends that Schedule 10 be removed from Bill 66. It is critical that all Acts that protect

the permanency, health, productivity, and profitability of Ontario’s farmland and the agri-food

sector are retained in full and without exception.





2

The following sections provide greater detail regarding Schedule 10’s threats to the farm sector

and suggests alternative actions to improve the province’s business environment while attracting

agri-food investment.

Threats to the Farm Sector

Schedule 10 of Bill 66 and the Open-for-Business Zoning By-law (OFB-ZBL) could open up for

development farmland that is either currently protected (e.g. through the Greenbelt Plan) or is

outside of projected municipal growth areas.

This negatively impacts the agricultural sector in a number of ways. Schedule 10 of Bill 66:

• Threatens to pave over and permanently destroy productive farmland. Only 5% of

the Canadian land base is prime agricultural land, the majority of which is in southern

Ontario and contributes to the success of the Province’s agri-food sector. Ontario is

already losing 175 acres of farmland every day, a rate that could increase under the

proposed OFB-ZBL. The loss of this land to non-agricultural uses is irreversible and

negatively impacts Ontario’s economy, food security, and agri-food investment potential.

• Risks farmland fragmentation and the dismantling of the agricultural system. A

successful agri-food sector relies on a healthy farm sector, which requires access to a

contiguous agricultural land base with a system of supportive infrastructure, agricultural

services, distributors, and processors. This requirement is recognized by, and is being

addressed through, ongoing municipal-level processes to implement the Agricultural

System for the Greater Golden Horseshoe. Development approvals outside of strategic

growth areas that are delineated in Official Plans and in conformity with the Provincial

Policy Statement, Growth Plan, Greenbelt Plan, etc. will fragment and destroy the

systems required by the farm sector. As farmland and the agricultural system is

fragmented by conflicting land uses, the viability of agricultural enterprises and the agri-

food sector is reduced or eliminated.

• Will dramatically inflate farmland prices as speculation and land banking increases

and further reduce affordability for farmers. Sustaining large swaths of contiguous,

affordable farmland is crucial because land ownership provides the long-term, land use

certainty that is required for farmers to make investments in their property and business.

This contributes to a stronger agri-food sector and more attractive investment

environment.

• Introduces conflicting land uses adjacent to land used for agricultural purposes.

This disadvantages both producers and those on adjacent properties because of the nature

of agricultural activity, which generates noise, odours, and dust, and involves the use of

slow-moving farm machinery and hazardous materials. Ultimately, introducing

incompatible land uses makes it more difficult for farmers to continue running financially





3

sustainable farm businesses, can interrupt normal farm practices, and can create conflict

with neighbors.

• Re-introduces uncertainty around the permanent protection of land for agriculture

and agribusiness. Uncertainty about the ongoing protection of land for agriculture

discourages investment in agriculture and leads to a deterioration in the resource and the

agricultural community associated with it. Given that the best agricultural land is largely

located in areas experiencing growth pressures, this uncertainty and the resultant

reluctance to invest in agribusiness, will weaken the agri-food sector. Furthermore, the

lack of public consultation will result in farmers being unable to provide feedback,

challenge decisions, and advocate for the ongoing viability of their business.

• Increases the agricultural sector’s vulnerability to the adverse effects of climate

change. Studies in Ontario indicate that the effects of climate change will be dramatically

different across the province and that heat and water stress will likely have negative

impacts on agricultural productivity [3,4]. The agricultural and natural lands threatened

by the proposed OFB-ZBL help to offset these negative impacts by providing services

including carbon storage and flood management. Re-introduced land use uncertainty

would also reduce farmers’ incentive to invest in on-farm adaptive and mitigative

technologies and practices.

Actions to Improve Ontario’s Business Environment

As currently proposed, the OFB-ZBL is unnecessary and does not appropriately solve the issues

it seeks to address.

Numerous studies report that there is already enough employment land designated for

growth out to 2031 and beyond, meaning the provisions within the OFB-ZBL meant to open up

land previously unavailable for development are unnecessary. For example, a 2017 Neptis

Report notes that 85% or 87,440 ha of Designated Greenfield Area in the Greater Golden

Horseshoe is unbuilt [5], and a 2017 study from Simcoe County indicated that across its 16

municipalities, there were 1,514 ha of excess employment lands to accommodate anticipated

growth out to 2031 [6]. These planning horizons can be extended well beyond 2031 when growth

is managed through intensification [7].

Existing planning resources, including Official Plans, already allow municipalities to

respond to employment opportunities on currently designated lands and direct growth in a

strategic and appropriate manner. Municipal polices are developed based on substantive

amounts of work supported by public consultation and should not be pre-empted by the OFB-

ZBL.

The proposed OFB-ZBL disregards the importance and necessity of coordinated,

comprehensive planning to maintain and protect the integrity of regional systems,





4

including the agricultural system. Current provincial policies address strategic planning

processes at a regional level and should not be bypassed or undermined under any condition.

While the OFT is opposed to the currently proposed Open-for-Business Zoning By-law we

acknowledge that there are other actions that can be taken to improve the business environment

in the province and attract investment in the agri-food sector, which include:

• Coordinating the actions of provincial ministries so they work as a team to facilitate

appropriate development

• Adopting an online ‘single portal’ approach to planning applications, approvals, and

communications between government agencies and applicants

• Providing greater recognition and promotion of the agri-food sector as an economic

engine in the province

• Promoting job creation and investment opportunities that recognize and support

agricultural business potential in rural areas. Farmland is rural employment land and

employment in one sector should not place jobs at risk in another, which is the current

reality of Schedule 10 given the risks it will create for agricultural viability.

• Creating land-use certainty by using existing planning or policy tools to permanently

protect critical sector resources including farmland and the agricultural system.

The OFT is eager to work with the provincial government to achieve this vision.

Thank you for this opportunity to share our recommendations and feedback on the proposed Bill

66, Restoring Ontario’s Competitiveness Act, 2018. We believe that Ontario has an opportunity

to position itself as a national and global leader in strategies that blend environmental/farmland

protection and economic growth and is capable of setting an example of how economic

prosperity need not be at the expense of the environment. We invite discussion and welcome any

questions you might have regarding our submission. We look forward to working with you

further.

Most Sincerely,

Kathryn Enders

Executive Director

Ontario Farmland Trust





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References:

[1] Ontario Federation of Agriculture. 2018. Agriculture Matters – A Guide for Municipal

Councillors and Staff. https://ofa.on.ca/resources/guide-for-municipal-councillors-and-staff/

[2] Ontario Federation of Agriculture. 2013. Economic Contribution of the Ontario Farm Sector

2013. https://ofa.on.ca/resources/economic-contribution-ontario-farm-sector-2013/

[3] Ontario Centre for Climate Impacts and Adaptation Resources. N.d. Agriculture: in a

changing climate. http://www.climateontario.ca/doc/factsheets/Agriculture-final.pdf

[4] Tant & Reynolds. 2003. Impacts of Recent Climate Trends on Agriculture in Southwestern

Ontario, Canadian Water Resources, 28 (1).

[5] The Neptis Foundation. 2017. An update on the total land supply: even more land available

for homes and jobs in the Greater Golden Horseshoe.

http://www.neptis.org/sites/default/files/land_supply_briefs_2016/an_update_on_the_total_la

nd_supply_even_more_land_available_for_homes_and_jobs_in_the_ggh.pdf

[6] County of Simcoe. 2017. Phase 2 - Employment Land Budget 2017.

https://www.simcoe.ca/dpt/pln/growth

[7] The Neptis Foundation. 2013. Implementing the Growth Plan for the Greater Golden

Horseshoe: Has the strategic regional vision been compromised?

http://www.neptis.org/sites/default/files/growth_plan_2013/theneptisgrowthplanreport_final.

pdf



^mffiæ'È.,,qr,g!]sHIII?wrüw.orangeville. ca

Town of Orangeville

87 Broadway, Orangeville, Ontario, Canada L9W 1K1Tel: 519-941-0440 Fax: 519-941-9569 Toll Free: 1-800-941-0440

Corporate Services

January 17,2019

Via Email

The Honourable Doug Ford, M.P.P., Premier of Ontario, [email protected] Honourable Christine Elliott, M.P.P., Deputy Premier of Ontario, Minister of Health and LongTerm Care, [email protected] Honourable Steve Clark, M.P.P., Minister of MunicipalAffairs and Housing,steve. clark@pc. ola. orgThe Honourable Sylvia Jones, M.P.P., Minister of Community Safety and Correctional Services,sylvia.jones@pc. ola. orgAndrea Horwath, M.P.P., [email protected]

Dear Sir/Madam

At the Town of Orangeville Council Meeting on January 14,2019 Council passed the followingresolution:

Whereas the protection of the integrity of the Green Belt is a paramount concern for our residents;

And whereas the continued legislative protection of our water - groundwater, surface water andwaterways - is vitally important for the current and future environmental health of our community;

And whereas significant concerns have been raised by residents, community leaders andenvironmental organizations such as the Canadian Environmental Law Association (CELA), thatprovisions within Bill 66 will weaken environmental protections as ff enable municipalities topass "open-for busrness" zoning by-laws that do not have to comply with ..." important provinciale nv i ro n me nta I statute s;

And whereas an "Open for Business" by-law may be approved without public consultation;

And whereas provisions within Bill 66 may allow exemptions from municipal Official Plans;

And whereas the Town of Orangeville's Official Plan represents not only a significant investmentof taxpayer resources but reflects our community's collective vision for current and futureplanning;

And whereas our Official Plan clearly designates land that is environmentally protected;

And whereas our Official PIan also provides clearly designated land to meet future employmentland needs;

Visit our Website at y,tuw.orangeville.ca


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Now therefore be it hereby resolved

That Orangeville Town Council opposes planned changes to the Planning Act in theproposed Bill 66 that may allow for an "open for business" planning by-law.

That the Government of Ontario be requested to reconsider the proposed changes to thePlanning Act included in Bill 66 which speak to the creation of the open-for- businessplanning by-law.

That notwithstanding the future adoption of Bill 66, the Town of Orangeville will not exercisethe powers granted to it in Schedule 10 or any successor sections or schedules to passopen-for-business planning by-laws.

That a copy of this resolution be sent to the Honourable Doug Ford, Premier of Ontario, theHonourable Steve Clark, Minister of MunicipalAffairs and Housing, the HonourableChristine Elliott, Deputy Premier of Ontario, the Honourable Sylvia Jones, Minister ofCommunity Safety and Correctional Services, MPP Dufferin-Caledon and Andrea Honruath,MPP, Leader of the New Democratic Party.

That a copy of this resolution be sent to the Association of Municipalities óf Ontario (AMO)and all Ontario municipalities for their consideration.

ours truly,

Susan Greatrix lClerkTown of Orangeville | 87 Broadway I Orangeville, ON LgW 1K1519-941-0440 Ext. 2242 l Toll Free 1-866-941 -0440 lxt 2242 l Cell [email protected] I www.oranqeville.ca

TM

cc The Honourable François-Philippe Champagne, M.P., Minister of lnfrastructure and Communities,[email protected] Honourable Patricia A. Hajdu, M.P., Minister of Employment, Workforce Development and Labour,Patty. Hajdu@parl. gc. caThe Honourable Lawrence MacAulay, M.P., Minister of Agriculture and Agri-Food,lawrence. macaulay@parl. gc. caThe Honourable Catherine McKenna, M.P., Minister of Environment and Climate Change,Catherine. McKenna@parl. gc.caThe Honourable Amarjeet Sohi, M.P., Minister of Natural Resources, [email protected] Tilson, M. P., Dufferin-Caledon, david.tilson.cl @parl. gc. caAssociation of Municipalities of Ontario (AMO)All Ontario Municipalities

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Visit our Website af www.orangeville.ca


Municipality of Middlesex Centre By-Law 2019-015

Being a by-law approving and ratifying a Severance and Development Agreement between Ryan Daniel Talbot Crouse and Shawn Elizabeth Phinnemore as the “Owners” and the Municipality of Middlesex Centre as the “Municipality” for land legally described as PT LTS 11 & 12, BLK G, PL 76, as in 943079; Middlesex Centre Twp, being all of PIN 09661-0049 (LT). WHEREAS The Municipal Act, 2001, S.O. 2001, c. 25 as amended authorizes a municipal council to enter into agreements; AND WHEREAS Ryan Daniel Talbot Crouse and Shawn Elizabeth Phinnemore owns certain land that she wishes to develop s described in Schedule “A” of the Severance and Development Agreement hereto attached;

AND WHEREAS the Council of the Municipality of Middlesex Centre deems it necessary to enter into an agreement with Ryan Daniel Talbot Crouse and Shawn Elizabeth Phinnemore to specify the provision of the development works; THEREFORE the Council of the Municipality of Middlesex Centre enacts as follows: 1. THAT the Agreement for Severance and Development attached hereto be approved

and ratified; 2. AND THAT the Mayor and Clerk be authorized to execute the attached Agreement

on behalf of the Municipality of Middlesex Centre. Passed this 6th day of February, 2019.


_____________________________ Ann Wright, Clerk


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SEVERANCE AND DEVELOPMENT AGREEMENT THIS AGREEMENT made in triplicate this day of February, 2019. B E T W E E N:

MUNICIPALITY OF MIDDLESEX CENTRE

(hereinafter the “Municipality”)

OF THE FIRST PART; -and-

RYAN DANIEL TALBOT CROUSE and SHAWN ELIZABETH PHINNEMORE (hereinafter the “Owners”)

OF THE SECOND PART;

WHEREAS:

A. The Owners warrant that they are the registered Owners of the lands described in Schedule “A” attached hereto (hereinafter the “Lands”);

B. The Owners submitted a Consent Application on May 11, 2018 (hereinafter the “Consent

Application”) to the Municipality to sever from the Lands a residential lot having a lot frontage of approximately 15.24 metres along Erie Avenue and a lot area of approximately 557.4 square metres, being legally described as Part of Lot 11 and 12, Block G on Registered Plan No. 76, being Part 1 on Reference Plan 33R-20208, in the Municipality of Middlesex Centre, County of Middlesex, being part of PIN 09662-0049(LT) (hereinafter the “Severed Lot”), for the purposes of constructing a single-detached dwelling;

C. The Municipality approved the Consent Application on June 20, 2018 (hereinafter

“Consent B-13/18”), subject to a number of conditions to be fulfilled on or before June 20, 2019, including a condition that the Owner enter into a Development Agreement with the Municipality, to be registered against the title of the Lands, to address among other matters: all 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, building envelopes, relocation of electrical services as well as any road restoration associated with the development, all to the satisfaction of the Municipality;

D. When the Owner and the Municipality have entered into this Agreement and subject to the

fulfilment of the remainder of the conditions of Consent B-13/18 on or before June 20, 2019, the Municipality shall issue a Certificate of Consent and may at that time issue a building permit subject to approval of building plans;

E. The registration of this Severance and Development Agreement on title of the Lands, as

defined herein, is authorized by subsections 53(12) and 51(25-26) of the Planning Act, RSO 1990, c P 13, as amended or replaced (hereinafter the “Planning Act”).

NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the payment of the sum of TWO DOLLARS ($2.00) from each party to the other and for other good and valuable consideration, including the mutual covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant and agree as follows: Incorporation of Recitals 1. The above recitals are true and are hereby incorporated into this Severance Agreement

(hereafter, this “Agreement”) by reference. Conditional Approval of Development 2. The Municipality approves the development of the Lands in accordance with the plans and

specifications attached hereto as Schedule “B”, subject to the covenants in this Agreement.


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Installation of Works and Facilities 3. The Owners covenant to provide, construct, and install as set out and provided for in

Schedule “B” and to the satisfaction of the Municipality, the works and facilities more particularly described in Schedule “B” (hereinafter, the “Works and Facilities”) which will be constructed, installed and maintained by the Owners at absolutely no expense to the Municipality. Without limiting the foregoing, the Owners covenant to provide, construct, and install any and all other works required by this Agreement, which are not included in the Works and Facilities, as defined herein. Said works are to be provided, constructed, installed and maintained by the Owners at absolutely no expense to the Municipality.

Responsibility for the Cost of the Works and Facilities 4. The Owner covenants and agrees to be responsible for one hundred percent (100%) of

the total cost for completion of all of the works required by this Agreement, including the Works and Facilities. In the event that the Owner breaches this section 4, or any other provision of this Agreement, in any other manner whatsoever, the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as amended or replaced (hereafter, the “Municipal Act”) apply and, in addition to any other remedy the Municipality may have, the Municipality may recover the costs it incurs as a result of the Owner’s breach, in a like manner as municipal taxes.

Development Charges 5. The Development Charges By-law of the Municipality applies to the development of the

Lands and the Owners shall pay development charges in accordance with Municipality’s By-Law No. 2017-133, as amended or replaced.

Compliance with Law 6. The Owners shall:

(a) Be one hundred percent (100%) responsible for ensuring that the installation, construction and/or completion of all works required to be completed by this Agreement, including the Works and Facilities, complies with all applicable Federal, Provincial and Municipal laws, statutes, regulations, by-laws and codes of conduct; and

(b) Be responsible for obtaining, at one hundred percent (100%) its own risk and cost, any

and all approvals necessary for the installation, construction or completion of all works required to be completed by this Agreement, including but not limited to the Works and Facilities, prior to the commencement of construction, including without limitation, approvals required by the Environment Assessment Act, R.S.O. 1990, c. E.18, as amended or replaced, the Environmental Protection Act, R.S.O. 199, c. E.19, as amended or replaced, and any applicable Conservation Authority.

Additional Specific Covenants 7. Without limiting the covenants and obligations set out elsewhere in this Agreement, the

Owners covenant: Contractors and Agents (a) To be responsible for the oversight, supervision, direction, work and service of all

contractors and/or agents of the Owners which perform work or services on behalf of the Owners in furtherance of this Agreement and to ensure that all work and services performed by their respective contractors and/or agents conforms to the requirements of this Agreement. Any failure by any contractor and/or agent of the Owners to perform work or services to the standard required for the Owners by this Agreement shall constitute a breach of this Agreement by the Owners.

Engineering Drawings (b) To provide engineering drawings for approval by the Municipal Engineer inclusive

of detailed designs and specifications demonstrating details of all works required by this Agreement. Without limiting the foregoing, the Owner shall provide engineering drawings detailing all grading, stormwater management, sediment erosion control, easements, servicing, entrance details, road allowance widening, pavement widening, utility construction and any other work required as part of the development. Where any of the drawings forming part of Schedule “B” require amendment, such amendments shall be subject to the approval of the Municipal Engineer, his sole and absolute discretion. Such approved plans and drawings


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shall form part of Schedule “B” to this Agreement upon written agreement of the Parties.

Water Service Works and Watermains (c) To inspect the existing water service to the Severed Lot to ensure that the existing

water service is fit for use and can accommodate the construction of a single-detached dwelling on the Severed Lot, to the satisfaction of the Owners’ retained Engineer and the Municipal Engineer. The Owners’ retained engineer shall provide a certificate, signed and stamped, to the Municipal Engineer and the Municipal Chief Building Official confirming that the existing water service to the Severed Lot is fit for use and can accommodate the construction of a single-detached dwelling. The Municipal Engineer and Municipal Chief Building Official may rely on the stamped certificate of the Owners’ retained engineer in determining fitness of the water service and its ability to accommodate the construction of a single-detached dwelling on the Severed Lot. The Owners agree to be responsible for one hundred percent (100%) of the total cost for completion of the works referred to in this sub-paragraph 7(c), failing which the provisions of the Municipal Act apply and, in addition to any other remedy the Municipality may have, the Municipality may recover any expense it incurs as a result in a like manner as municipal taxes.

(d) If, in the opinion of the Municipal Engineer, the existing water service to the Severed Lot is unfit for use or cannot accommodate the construction of a single-detached dwelling, to repair, replace or extend the water service, or install/construct a new water service to the Severed Lot, to the satisfaction of the Municipality. The Owners agree to be responsible for one hundred percent (100%) of the total cost for completion of the works referred to in this sub-paragraph 7(d), failing which the provisions of the Municipal Act apply and, in addition to any other remedy the Municipality may have, the Municipality may recover any expense it incurs as a result in a like manner as municipal taxes. The Parties acknowledge and agree that the following additional provisions apply to the works referred to in this sub-paragraph 7(d):

i. The Owners shall provide engineering drawings for approval of the

Municipal Engineer, in his sole and absolute discretion, inclusive of detailed designs and specifications demonstrating details of all water works to be completed pursuant to this Agreement.

ii. The Municipality’s Water By-law No. 2018-028, as amended or replaced (“Water By-law”), and the in force Ontario Building Code Act, 1992, S.O 1992, c. 23, as amended or replaced, including all in force regulations thereto (collectively, the “Ontario Building Code”), apply to any and all work completed by the Owner with respect to the water service to the Severed Lot and the Owners warrant to adhere to each of their respective provisions when completing said works.

iii. Any water service infrastructure replaced, extended, installed or

constructed on or under a Municipal road allowance, once approved by the Municipal Engineer, may be assumed by the Municipality, at the discretion of the Municipality, by written notice and shall become infrastructure of the Municipality following formal assumption by the Municipality.

iv. The water service to the Severed Lot shall be repaired, replaced,

extended, installed or constructed to the satisfaction of the Owners’ retained engineer, the Municipal Engineer and the Municipal Chief Building Official, provided however, that the approval by the Municipal Engineer and Municipal Chief Building Official does not relieve the Owners and/or the Owners’ retained engineer from their responsibility for any errors or omissions in engineering specifications or installation/construction of said works. The Owners’ retained engineer shall provide a certificate, signed and stamped, to the Municipal Engineer and the Municipal Chief Building Official confirming his or her engineering approval of all as constructed works. The Municipal Engineer and Municipal Chief Building Official may rely on the stamped certificate of the Owners’ retained engineer in determining satisfaction with the works. The Owners’ engineer shall be responsible for the engineering of the works and the Owners remain responsible for construction and maintenance of the works such time as the works are assumed by the Municipality.

v. No connection of any water service works and watermains may be

made to pre-existing Municipal water distribution systems without the


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prior written approval of the Municipal Engineer, which approval shall not be given unless and until the Owners’ retained engineer has provided to the Municipal Engineer:

1. a certification report to the effect that all new water service

works and watermains have been tested in accordance with current Middlesex Centre and Ministry of the Environment and Climate Change Standards and are ready for operation;

2. confirmation that the water service works and watermains are

in compliance with the Ontario Building Code; and

3. certification that all new water service works and watermains are ready for operation.

vi. All watermain testing and procedures for testing of chlorine residual and

pressure tests shall be witnessed by the Municipal Operating Authority (presently the Municipality) or its designate. The Owner shall reimburse the Municipality for all costs associated with the Municipal Engineer’s attendance and witnessing of the above noted testing.

Sanitary Sewer Works

(e) To inspect via CCTV, the existing sanitary private drain connection to the Severed

Lot to ensure that the existing sanitary private drain connection is fit for use and can accommodate the construction of a single-detached dwelling on the Severed Lot, to the satisfaction of the Owners’ retained Engineer and the Municipal Engineer. The Owners’ retained engineer shall provide a certificate, signed and stamped, to the Municipal Engineer and the Municipal Chief Building Official confirming that the existing sanitary private drain connection to the Severed Lot is fit for use and can accommodate the construction of a single-detached dwelling on the Severed Lot. The Municipal Engineer and Municipal Chief Building Official may rely on the stamped certificate of the Owners’ retained engineer in determining fitness of the sanitary private drain connection to the Severed Lot and its ability to accommodate the construction of a single-detached dwelling on the Severed Lot. The Owners agree to be responsible for one hundred percent (100%) of the total cost for completion of the works referred to in this sub-paragraph 7(e), failing which the provisions of the Municipal Act apply and, in addition to any other remedy the Municipality may have, the Municipality may recover any expense it incurs as a result in a like manner as municipal taxes.

(f) If, in the opinion of the Municipal Engineer, the sanitary private drain connection to the Severed Lot is unfit for use or cannot accommodate the construction of a single detached dwelling, to repair, replace or extend the sanitary private drain connection, or install/construct a new sanitary private drain connection to the Severed Lot, to the satisfaction of the Municipality. The Owners agree that they shall be responsible for one hundred percent (100%) of the total cost for completion of the works referred to in this sub-paragraph 7(f), failing which the provisions of the Municipal Act apply and, in addition to any other remedy the Municipality may have, the Municipality may recover any expense it incurs as a result in a like manner as municipal taxes. The Parties acknowledge and agree that the following additional provisions apply to the works referred to in this sub-paragraph 7(f):

i. The Owners shall provide engineering drawings for approval of the Municipal Engineer, in his sole and absolute discretion, inclusive of detailed designs and specifications demonstrating details of all sanitary sewer works to be completed pursuant to this Agreement.

ii. The Municipality’s Discharge of Waste into the Public Sewage Works

By-law 2017-060, as amended or replaced (“Wastewater By-law”), and the Ontario Building Code, as amended or replaced, including all in force regulations thereto, apply to any and all work completed by the Owners with respect to the sanitary sewer works servicing the Severed Lot and the Owners warrant to adhere to each of their respective provisions when completing said work.

iii. Any sanitary sewer infrastructure replaced, installed or constructed on or under a Municipal road allowance, once approved by the Municipal Engineer, may be assumed by the Municipality, at the discretion of the Municipality, by written notice and shall become infrastructure of the Municipality following formal assumption by the Municipality.


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iv. Any work completed by the Owners with respect to the sanitary sewer infrastructure servicing the Severed Lot, shall be to the satisfaction of the Owners’ retained engineer, the Municipal Engineer, and the Municipal Chief Building Official, provided however, that approval by the Municipal Engineer and Municipal Chief Building Official does not relieve the Owners and/or Owners’ retained engineer responsibility for any errors or omissions in engineering specifications and construction / installation of said works. The Owners’ retained engineer shall provide a certificate, signed and stamped, to the Municipal Engineer and the Municipal Chief Building Official confirming his or her engineering approval of the as constructed works. The Municipal Engineer and Municipal Chief Building Official may rely on the stamped certificate of the Owners’ engineer in determining satisfaction with the works. The Owners’ engineer shall be responsible for the engineering of the works and the Owners remain responsible for construction and maintenance of the works until such time as the works are assumed by the Municipality.

v. No connection of any sanitary sewer works may be made to pre-

existing Municipal sanitary sewer systems without the prior written approval of the Municipal Engineer, which approval shall not be given unless and until the Owners’ retained engineer has:

1. provided to the Municipal Engineer a certification report to the

effect that all new sanitary service works have been tested in accordance with current Middlesex Centre and Ministry of the Environment and Climate Change Standards and are ready for operation;

2. provided to the Municipal Engineer a sewer video inspection

report and disk (DVD) for all sanitary sewers accompanied by a written report from the inspection company;

3. confirmed that deflection testing was satisfactorily completed on

all PVC sewers using a suitable mandrel in accordance with Ontario Provincial Standards Specifications;

4. all sanitary service works maintenance holes have been leak-

tested to the satisfaction of the Municipal Engineer in accordance with the Ontario Provincial Standards specifications;

5. confirmed that all new sanitary sewer works have been flushed

and cleaned and if deemed necessary by the Municipal Engineer in his/her discretion, has undertaken further video inspection;

6. confirmed that the new sanitary sewer works are in compliance

with the Ontario Building Code; and

7. certified that all new sanitary service works are ready for operation.

vi. All sanitary sewer testing and pressure tests shall be witnessed by the

Municipal Operating Authority (presently the Municipality) or its designate. The Owner shall reimburse the Municipality for all costs associated with the Municipal Engineer’s attendance and witnessing of the above noted testing.

Grading of the Lands

(g) To ensure that the Lands are graded, at the sole risk and expense of the Owners,

to permit surface water to run off from all areas and from adjoining properties so as to reach either road gutters, municipal drains, ditches or natural water courses in accordance with Schedule “B”, as approved by the Owners’ retained engineer and the Municipal Engineer. The Owners’ retained engineer shall provide a final Lot Grading Certificate, signed and stamped, to the Municipal Engineer and the Municipal Chief Building Official, certifying that the final grading of the Lands conforms with Schedule “B”. The Owners agree that they shall be responsible for one hundred percent (100%) of the total cost for completion of the works referred to in this sub-paragraph 7(g), failing which the provisions of the Municipal Act apply and, in addition to any other remedy the Municipality may have, the Municipality may recover any expense it incurs as a result in a like manner as municipal taxes.


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Utilities

(h) To relocate from the Severed Lot the overhead electrical lines that service adjacent

residences in a location approved by the Municipality and at no expense to the Municipality, and to provide proof of said relocation. The Owners shall ensure that the new location of the overhead electrical lines meets the minimum setbacks from the single-detached dwelling that is to be constructed on the Severed Lot and complies with all other applicable laws. The Owners acknowledge and agree to enter into any additional or other agreements necessary in order to give effect to this sub-paragraph 7(h).

(i) Without limiting the foregoing, the Owners agree to arrange to have all necessary electrical, telephone, natural gas, and other utilities, public or private authorities having jurisdiction including but not limited to Bell Canada, Rogers Cable Communications, Union Gas, design and install in locations approved by the Municipality and at no expense to the Municipality, all necessary electrical, telephone, natural gas, and other utilities all of which are to be installed underground. The Owners agree to be 100% responsible for the cost of the work, and any damage that may be caused to Municipal property as a result of the work described in this sub-paragraph 7(i), failing which the provisions of the Municipal Act apply and, in addition to any other remedy the Municipality may have, the Municipality may recover any expense it incurs as a result of the Owners’ failure to be responsible for the cost of, or damage caused by, said works in a like manner as municipal taxes. The Owners acknowledge and agree to enter into any additional or other agreements necessary in order to give effect to this sub-paragraph 7(i).

Grading and Restoration of Highways 8. The Owners shall ensure that all highways of the Municipality affected by works installed

or constructed on or under highways of the Municipality are restored to their original state and graded to permit surface water to run off from all areas and from adjoining properties so as to reach either road gutters, municipal drains, ditches or natural water courses, as approved by the Owners’ retained engineer and the Municipal Engineer. Such restoration shall be completed forthwith upon completion of the works which affected said Highways. Where any highway requires grading pursuant to this paragraph 8, the Owners’ retained engineer shall provide a certificate, signed and stamped, to the Municipal Engineer and the Municipal Chief Building Official, certifying the final grading and restoration of the highway, to the satisfaction of the Municipality. The Owners shall be responsible for one hundred percent (100%) of the cost of the work described in this paragraph 8, failing which the provisions of the Municipal Act apply and, in addition to any other remedy the Municipality may have, the Municipality may recover any expense it incurs as a result in a like manner as municipal taxes.

Mud and Debris Clean-up; Dust Suppression 9. The Owners covenant and agree that they are responsible for all mud and debris tracked

onto roadways from vehicles entering or leaving construction sites and for all dust generated during construction. The Owners shall, upon verbal and/or written request by the Municipality immediately proceed with clean-up operations at their expense. Should the Owners fail to clean-up as directed, the Municipality will complete the cleaning at the Owners’ expense by adding the full cost or any part of the cost incurred by the Municipality or its authorized agents to perform or complete the clean up to the tax roll of the lands and collects the expense in like manner as municipal taxes. To eliminate dust, the Owners may be required to apply dust suppressants, covering stock piles of top soil with tarps or applying ground cover to the areas that have been stripped and left undeveloped at the direction of the Director of Public Works and Engineering or his/her designate.

Adherence to Noise Warning Requirements 10. In the event that the Owners sell or lease the Lands, including but not limited to the

Severed Lot, the Owners shall include the following warning clause in any Agreement of Purchase and Sale or Lease before any purchaser is bound thereby:

“Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development


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and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.”

Adherence to Noise Mitigation Requirements

11. In accordance with the requirements of the CN Railway, the Owners agree to:

(a) Utilize brick cladding (or other masonry equivalent) for those portions of any dwellings facing the railway;

(b) Ensure that dwellings are fitted with air conditioning; and

(c) Install acoustically upgraded windows (minimum STC rating of 32).

Security 12. The Owners covenant and agree that, in the event the Owners are required to:

(a) repair, replace or extend the water service, or install/construct a new water

service to the Severed Lot in accordance with sub-paragraph 7(d) of this Agreement, or

(b) repair, replace or extend the sanitary private drain connection, or install/construct

new sanitary sewer works to service the Severed Lot in accordance with sub-paragraph 7(f) of this Agreement,

the Owners shall provide to the Municipality, prior to the execution of this Agreement by the Municipality, an unconditional and irrevocable letter of credit (hereinafter the “Letter of Credit”) in favour of the Municipality from a financial institution approved by the Municipality in an amount to be determined by the Municipality, at its sole discretion. The amount of security required by the Municipality shall not exceed one hundred percent (100%) of the cost of the works and facilities to be completed on or under Municipal lands. The Owners shall ensure that the aforementioned Letter of Credit is kept in full force and effect and that all premiums for the said letter of credit are paid as they become due. The Letter of Credit, if so required, may be drawn upon by the Municipality at its discretion to repair or address any deficiency or breach of the Owner related to this Agreement and will only be released upon completion of one hundred percent (100%) of the works contemplated in subparagraph 7(d) and 7(f) to the satisfaction of the Municipality.

Time for Completion 13. The Owners covenant and agree to complete the Works and Facilities as provided for and

set out in Schedule “B”, and the works described in 7(i), within a period of one (1) year from the date of issuance of a building permit, or, within one (1) year of the execution of this Agreement by the Municipality if no building permit is required by the development provided for herein, and to provide proof of completion of the said works to the satisfaction of the Municipality in its sole discretion. Without limiting the foregoing, the proof required shall include but is not limited to a survey, engineering certification, architectural (including landscape architectural) certification and/or any other type of certification.

14. Without limiting the foregoing, the Owners covenant and agree to complete all other works required to be completed pursuant to this Agreement, including the works contemplated in subparagraphs 7(d) and 7(f), if required, by June 20, 2019, being the lapse date of Consent B-13/18, and to provide proof of completion of the said works to the satisfaction of the Municipality in its sole discretion. The proof required shall include but is not limited to a survey, engineering certification, architectural (including landscape architectural) certification and/or any other type of certification.

Failure to Complete the Works and Facilities 15. Pursuant to the Municipal Act, in the event the Owners fail to complete the Works and

Facilities, or any of the other works required to be completed under this Agreement within the time for completion identified in paragraphs 13 and 14, said works may be performed and/or completed by the Municipality at the Owners’ expense. Upon failure of the Owners to complete any of the aforementioned works within the time for completion set out in paragraphs 13 or 14, as the case may be, the Municipality and/or its authorized agents may enter in and upon the property of the Owners without providing notice to the Parties and perform and/or complete the work at the Owner’s expense. If applicable, the Municipality may draw on the Letter of Credit described in paragraph 12, in such amount(s) as may be required to pay for the cost incurred by the Municipality and/or its authorized agents to perform and/or complete the works. In addition or in the alternative, the Municipality may add the full cost or any part of the cost incurred by the Municipality or its


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authorized agents to perform or complete the Works and Facilities and/or the works described in elsewhere in this Agreement, to the tax roll of the Lands and collect the expense in like manner as municipal taxes.

Maintenance 16. The Owners covenant to maintain to the satisfaction of the Municipality and at the sole

risk and expense of the Owners, any and all of the Works and Facilities. The Owners further covenant to maintain to the satisfaction of the Municipality, and at the sole risk and expense of the Owners,

(a) any and all water service infrastructure installed or constructed in accordance

with sub-paragraph 7(d) of this Agreement, if so required, and

(b) any and all sanitary sewer infrastructure installed or constructed in accordance with sub-paragraph 7(f), if so required,

until such time as said infrastructure is formally assumed by the Municipality in accordance with sub-paragraphs 7(d)(iii) and 7(f)(iii), respectively. In the event that the Owners fail or neglect to maintain the works described in this paragraph 16, to the satisfaction of the Municipality, or in the event of any failure, malfunction or unauthorized alteration to the works described herein, the Municipality is hereby authorized to enter upon the Lands, if necessary, without notice to the Owners in order to make all necessary repairs and perform all necessary maintenance, the cost of which shall be borne and paid by the Owners, failing which the provisions of the Municipal Act shall apply and the Municipality may recover the expense incurred in so doing by action or by adding the expense to the tax roll of the lands and collecting the expense in like manner as municipal taxes.

Registration of Agreement 17. The Parties acknowledge and direct that this Agreement be electronically registered on

title of the Lands by legal counsel for the Owners at 100% the expense of the Owners, and that the Owners hereby charge the Lands with the performance of this Agreement. The Owners shall provide the Municipality with proof of registration.

Priority of Agreement 18. The Owner hereby agrees that if at the time of registration of this Agreement there are any

encumbrances on the title to the Lands held by any party other than the Municipality, then the Owner shall arrange for the discharge of such encumbrances from title. In the alternative, the Owner shall, prior to the registration of this Agreement, obtain a postponement and consent in favour of the Municipality for each encumbrance to this Agreement’s priority on title of the Lands.

Responsibility and Indemnity 19. The Owners expressly acknowledge and agree that the development of the Lands,

including but not limited to:

(a) the installation, construction or completion of the Works and Facilities as provided for and set out in Schedule “B”,

(b) the inspection, repair, replacement, extension, installation or construction of any

and all water service infrastructure as set out and provided for in sub-paragraphs 7(c) and 7(d);

(c) the inspection, repair, replacement, extension, installation or construction of any

and all sanitary sewer infrastructure as set out and provided for in sub-paragraphs 7(e) and 7(f);

(d) the relocation of the electrical overhead lines described in sub-paragraph 7(h); (e) the installation of utilities to service the proposed single-detached dwelling

described in sub-paragraph 7(i); and (f) the restoration of municipal highways as described in paragraph 8,

is entirely and solely at their own risk without liability or responsibility of the Municipality.


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20. Without limiting the foregoing, the Owners expressly agree to release and the Owners expressly agree to indemnify, defend and completely hold harmless the Municipality, its Councillors, officers, employees, legal counsel, agents and contractors from and against any and all suits, judgments, claims, demands, expenses, actions, causes of action, duties, assessments, fees, penalties, liabilities, losses and costs (including without limitation, legal expenses on a solicitor-client basis and for any claim for lien made pursuant to the Construction Lien Act (Ontario) and for any and all liability for:

(a) damages to any property, including property other than the Lands; (b) any direct, indirect, special or consequential damages; and

(c) any injury to any person (including death) however caused;

which in any manner arise out of or are in any manner related to this Agreement and the development of the Lands including but not limited to:

(i) the installation, construction or completion of the Works and Facilities as provided for and set out in Schedule “B”,

(ii) the inspection, repair, replacement, extension, installation or construction of any and all water service infrastructure as set out and provided for in sub-paragraphs 7(c) and 7(d);

(iii) the inspection, repair, replacement, extension, installation or construction of any

and all sanitary sewer infrastructure as set out and provided for in sub-paragraphs 7(e) and 7(f);

(iv) the relocation of the electrical overhead lines described in sub-paragraph 7(h);

(v) the installation of utilities to service the proposed single-detached dwelling

described in sub-paragraph 7(i); or

(vi) the restoration of municipal highways as described in paragraph 8. Insurance Owners Insurance

21. Forthwith upon execution of this Agreement, the Owners shall provide, prior to commencement of any work, the Municipality with insurance policies supplied by an insurance broker/provider licenced to provide insurance in Ontario, which provides coverage limits of not less than Five Million Dollars ($5,000,000.00) and names the Municipality as an additional insured from and against personal injury/bodily harm (including death), property damage, errors and omissions, and contractual liability arising from this Agreement, which arise out of any of the works required to be completed by this Agreement, including but not limited to the Works and Facilities. The insurance policies described in section shall contain a cross liability and severability of interest clause, and endeavor to provide for a minimum of thirty (30) days written notice of cancellation. The Owners shall upon the request of the Municipality, and in any event, prior to the commencement of any work, provide a copy of the certificate of insurance and other documentation confirming that the premiums for the above mentioned insurance policies of the Owners shall continue until all of the work required of the Owners pursuant to this Agreement has been completed to the satisfaction of the Municipality.

Contractor/Agent Insurance

22. Forthwith upon execution of this Agreement, the Owners shall require any contractor

and/or agent providing services or work in relation to this Agreement to provide the Municipality with an insurance policy supplied by an insurance broker/provider licenced to provide insurance in Ontario, which provides coverage limits of not be less than Five Million Dollars ($5,000,000.00) for each of the contractor(s) and/or agent(s) and names the Municipality as additional insureds from and against personal injury/bodily harm (including death), property damage, errors and omissions, contractual liability (from this Agreement), employer’s liability, employee benefits liability and non-owned auto liability which arise out of any of the works required to be completed by this Agreement, including but not limited to the Works and Facilities. In addition, such insurance policies shall contain a cross liability and severability of interest clause, and endeavor to provide for a minimum of thirty (30) days written notice of cancellation. The contractor(s) and/or agent(s) shall upon the request of the Municipality, and in any event, prior to the commencement of any work, provide a copy of the certificate of insurance and other documentation confirming that the premiums for the abovementioned insurance policies have been paid and that such policies are in full force and effect. Such insurance policies of contractors and/or


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agents of the Owners retained for construction of the works required pursuant to this Agreement shall continue until all of the works are completed to the satisfaction of the Municipality.

Retained Engineer Insurance 23. The Owners further warrant that their respective retained engineer carries Professional

Liability Insurance in the amount of at least one million dollars ($1,000,000.00) and that they will require their retained engineer to provide a copy of the certificate of insurance and other documentation to the Municipality confirming that the premiums for the abovementioned insurance has been paid and that such policy is in full force and effect with respect to coverage for the engineering work related to the works addressed in this Agreement. WSIB Clearance

24. Upon execution of this Agreement, the Owners shall arrange for a Certificate of Clearance

from the Workplace Safety and Insurance Board (“WSIB”) for any contractor and/or agent stating that all assessments or compensations payable have been paid and all the requirements of the WSIB have been complied with. From time to time and when requested, the Owners will be required to provide a certificate of clearance from the WSIB to the Corporation from any contractor and/or agent. Such Certificate of Clearance shall indicate that the contractor and/or agent and any subcontractors have complied with the requirements of the WSIB and are in good standing in the books of the WSIB.

Work Standards and Compliance with Laws 25. The Owners shall ensure that all work and maintenance completed on property owned by

the Municipality is carried out in a manner that is in conformity with the Occupational Health and Safety Act, R.S.O. 1990, Ch. O.1, as amended or replaced, and other legislation or requirements. The Municipal Engineer shall provide an “Authorization to Proceed with Construction” and give the Owners a copy that must be on site at all times and available upon request. The Owners shall require that the any contractor and/or agent must complete the form “Registration of Constructors and Employers Engaged in Construction” and it must be on site and available upon request.

26. The Owners shall ensure that the contractor(s)’ and/or agent(s)’ employees and

subcontractors perform the work and services required to complete the works required herein with the degree of care, skill and diligence of a professional contractor as defined by normal industry practice and further, that at all times the contractor(s) and/or agent(s) as well as their subcontractors and employees are in compliance with all Federal, Provincial and Municipal laws, statutes, regulations and by-laws. All certificates of training must be available upon request of the Municipality.

Entire Agreement 27. This Agreement, including its schedules, constitutes the entire agreement between the

Parties with respect to the development of the Lands, including any and all other Site Plan Control Agreements which may have been registered against title to the Lands. This Agreement, inclusive of its schedules, replaces and/or supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the Parties concerning the development of the Lands and the Parties hereby acknowledge that there are no representations, warranties or other agreements between the Parties in connection with the subject matter of this Agreement except as specifically set out in this Agreement and its schedules. No Party has been induced to enter into this Agreement in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included as a term in this Agreement. Except as amended herein, the terms of this Agreement shall remain in full force and effect.

Amendment and Waiver 28. No amendment, discharge, modification, restatement, supplement, termination or waiver

of this Agreement or any section of this Agreement is binding unless it is in writing and executed by the Parties to be bound. No waiver of, failure to exercise, or delay in exercising, any section of this Agreement constitutes a waiver of any other section (whether or not similar) nor does any waiver constitute a continuing waiver unless otherwise expressly provided.


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Enurement

29. This Agreement shall enure to the benefit of and is binding upon the Parties and their

respective heirs, executors, administrators, estate trustees, trustees, personal or legal representatives, successors and assigns.

Future Owners 30. In the event that the Owners sell the Lands, including but not limited to the Severed Lot,

the Owners shall include in any Agreement of Purchase and Sale a requirement that the buyer of the Lands, sign an Acknowledgement, to the satisfaction of the Municipality, acknowledging that the obligations of the Owners under this Agreement run with the Lands and that the buyer, in signing the Agreement of Purchase and Sale, agrees to be bound by the continuing obligations of the Owners under this Agreement.

Severability 31. Each section of this Agreement is distinct and severable. If any section of this Agreement,

in whole or in part, is or becomes illegal, invalid, void, voidable or unenforceable in any jurisdiction by any court of competent jurisdiction, the illegality, invalidity or unenforceability of that Section, in whole or in part, will not affect: (a) the legality, validity or enforceability of the remaining Sections of this Agreement, in

whole or in part; or

(b) the legality, validity or enforceability of that Section, in whole or in part, in any other jurisdiction.

Voluntary Agreement

32. The Parties warrant that this Agreement is voluntary, that none of the Parties are under any legal disability and that each Party has had an opportunity to seek the advice of independent legal counsel with respect to this Agreement.

Governing Law

33. This Agreement is governed by and is to be construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable in that Province.

Counterparts and Electronic Endorsement

34. This Agreement may be executed and delivered by the Parties in one or more counterparts, each of which will be an original and each of which may be delivered by facsimile, e-mail or other functionally equivalent electronic means of transmission, and those counterparts will together constitute one and the same instrument.

[ONE (1) ENDORSEMENT PAGE FOLLOWS]


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IN WITNESS WHEREOF the Parties have hereunto set their hands and seals or caused to be affixed their corporate seals under the hands of their duly authorized officers, as the case may be.

OWNERS

Per: _____________________________________ Address for Service: Ryan Daniel Talbot Crouse 129 Erie Avenue Komoka, ON N0L 1R0 Per: _____________________________________ Shawn Elizabeth Phinnemore

MUNICIPALITY OF MIDDLESEX CENTRE Per: _____________________________________ Address for Service: Aina DeViet, Mayor Municipality of Middlesex Centre Municipal Offices Per: _____________________________________ 10227 Ilderton Road Ann Wright, Clerk R.R. #2 Ilderton, ON N0M 2A0 We have authority to bind the Corporation.


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SCHEDULE “A” PT LTS 11 & 12, BLK G, PL 76, AS IN 943079; MIDDLESEX CENTRE TWP, being all of PIN 09661-0049 (LT).


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SCHEDULE “B” No. Drawing Name & No. Prepared By: Date: 1 Lot Grading Plan Callon Dietz: K. A.

Moniz January 18, 2018

2 Registered Plan No. 33R-20208

Callon Dietz September 6, 2018


Municipality of Middlesex Centre By-Law Number 2019-016

Being a by-law to provide for the adoption of budgetary estimates for the year 2019

WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a local municipality shall prepare and adopt a budget including estimates of all sums required during the year for the purposes of the municipality; THEREFORE the Council of the Municipality of Middlesex Centre enacts as follows: 1. THAT the 2019 Revenue and Expenditure estimates for the Municipality of

Middlesex Centre be adopted as follows:

Expenditures $ 55,527,451 Revenues $ 37,520,647 Amount to be raised upon rateable assessment for municipal purposes $18,006,804.

Passed this 6th day of February 2019.


_____________________________ Ann Wright, Clerk


Municipality of Middlesex Centre By-Law Number 2019-017

Being a by-law to provide for the adoption of estimates and setting the tax rates and to further provide for penalty and interest in default of payment thereof for 2019

WHEREAS Section 312 of The Municipal Act, 2001 provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class; AND WHEREAS Sections 307 and 308 of the said Act require tax rates to be established in the same proportion to tax ratios; AND WHERAS the Assessment Act, R.S.O. 1990, Chapter A.31, as amended, establishes the classes of real property and methods of assessment, as well as provides for alterations to the Collectors Roll; AND WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, Section 290 provides that Municipalities shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality; AND WHEREAS Council for the Municipality of Middlesex Centre has reviewed and adopted the estimates required for all Municipal purposes for the year 2017 under Bylaw 2017-004; AND WHEREAS the Council of the Corporation of the County of Middlesex, pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, as amended, has established the tax ratios for the year for the upper-tier municipality and its lower-tier municipalities; AND WHEREAS it is necessary for the Council of the Municipality of Middlesex Centre, pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, as amended, to levy the tax rates specified in the upper-tier rating by-law passed for that year; AND WHEREAS the Province of Ontario has, by regulation 445/12, specified certain tax rates for school purposes be levied; AND WHEREAS the Municipal Act 2001, S.O. 2001, c. 25, as amended, requires tax adjustments to certain properties within the commercial and industrial assessment classes or subclasses; AND WHEREAS the Municipal Act, 2001 provides for collection of taxes on assessment added to the assessment roll during the current year; AND WHEREAS the Municipal Act, 2001 authorizes Municipalities to collect penalty/interest on late payments; THEREFORE the Council of the Municipality of Middlesex Centre enacts as follows: Definitions: “Property classes” are as prescribed under the Assessment Act and include the residential property class and appropriate sub-classes, the multi-residential property class and appropriate sub-classes, the commercial property class and appropriate sub-classes, the industrial property class and appropriate sub-classes, the pipe line property class, the farm property class and the managed forests property class. “Tax rate” means the tax rate to be levied against the taxable assessment of property expressed as a percentage to six decimal places. “Tax ratio” means the ratio that the tax rate for each property class is to the tax rate for the residential property class, within the allowable range. 1. THAT the assessment contained in the assessment roll of the Municipality of Middlesex

Centre as made pursuant to Province of Ontario Regulations and dated October 31, 2018,


be hereby adopted and confirmed as the assessment on which the rate of taxation for the 2019 shall be levied.

2. THAT the said assessment roll be hereby adopted and confirmed as the last revised

assessment roll for the said municipality. 3. For the purposes of providing for the municipality’s general purposes, the tax rates set out in

Schedule “A” be hereby adopted and levied for the year 2019 upon the whole of the said assessment of the municipality according to the last revised assessment roll.

4. For the purposes of providing for the municipality’s general purposes, the 2019 tax rates for

the assessment in each property class set out in Schedule “B”, attached hereto and forming part of this by-law, be approved and adopted by Council.

5. For the purposes of providing for the County of Middlesex general levy, the tax rates set out

in the County of Middlesex By Law will hereby be levied for the year 2019 upon the whole of the said assessment of the municipality according to the last revised assessment roll.

6. For the purposes of providing for the public and separate school education purposes, the tax

rates set out by the Minister of Finance under O. Reg. 445/12, as amended, of the Education Act be hereby levied for the year 2019 upon the respective portions of the said assessment of the school supporters of the municipality according to the last revised assessment roll.

7. That the municipality provide for the required tax adjustments under Part IX of the Municipal

Act, 2001, S.O. 2001, c. 25, as amended for commercial and industrial properties.

a) THAT the reduction in the tax rate for commercial vacant units and excess land is established at 30%.

b) THAT the reduction in the tax rate for commercial vacant land is established at 30%. c) THAT the reduction in the tax rate for industrial vacant units and excess land is

established at 35%. d) THAT the reduction in the tax rate for industrial vacant land is established at 35%.

8. All taxes and other special rates shall be paid into the office of the Treasurer or Tax Collector of the Municipality of Middlesex Centre.

9. That in addition to the foregoing the following special Charges and Collections be levied and

collected.

a) A levy for the purpose of recovering amounts advanced under the provisions of the Tile Drainage Act, 1990 from the benefiting properties;

b) A levy for the purpose of recovering amounts expended under the provisions of the Drainage Act, 1990 from the benefiting properties;

c) A levy for the purpose of recovering amounts debentured or incurred for the purpose constructing a sewer system or water system from the applicable benefiting property owners.

d) A levy for any or all other amounts collectable pursuant to any statute or by-law and chargeable to any or all real property or persons to be raised in the same manner and at the same time as all other levies, rates, charges, and/or collections.

10. The said final tax levy shall become due and payable one-half on or before August 30, 2019

and one-half on or before November 29, 2019 and non-payment of the amount, as noted, on the dates stated in accordance with this section shall constitute default.

11. For payments-in-lieu of taxes due to the Municipality of Middlesex Centre, the actual amount

due and payable shall be based on the last revised assessment roll and the tax rates for the year 2019.

12. For railway rights-of-way and electrical corridors, taxes due to the Municipality of Middlesex

Centre shall be calculated in accordance with the regulations established by the Minister of Finance and a based on the last revised assessment roll.

13. On all taxes which are in default on the 1st day following the above-noted due dates, a penalty

of 1.25% shall be added and thereafter a penalty of 1.25% per month will be added on the 1st day of each and every month the default continues, until December 31, 2019.

14. On all taxes in default on January 1, 2019, interest shall be added at the rate of 1.25% per

month for each month or fraction thereof in which the default continues.


15. Penalties and interest added on all taxes of the final tax levy in default shall become due and payable and shall be collected forthwith as if the same had originally been imposed and formed part of such unpaid tax levy.

16. The Collector shall cause the same to be mailed to the residence or place of business of

such person indicated on the last revised assessment roll, a written or printed notice specifying the amount of taxes payable.

17. All taxes payable pursuant to this by-law are payable to the municipality. All taxes, including

local improvements assessments, water and wastewater charges, garbage bin charges and other rents, rates or charges payable or collected as taxes, can be paid as follows:

At the Middlesex Centre Municipal Office, 10227 Ilderton Road, R.R. #2, Ilderton, Ontario, or at any chartered bank or branch which have made the necessary arrangements to receive payments on behalf of the municipality.

18. The Treasurer is authorized and directed to accept part payment from time to time on

account of any taxes due, and to give a receipt for the payment. Acceptance of any payment shall not affect the collection of any percentage charge imposed and collectable under any applicable legislation, common law or Municipal By-Law in respect of non-payment of any taxes or any class of taxes or of any instalment of taxes.

19. All by-laws inconsistent with the provisions of this by-law are hereby repealed. Passed this 6th day of February 2019.


_____________________________ Ann Wright, Clerk



Municipality of Middlesex Centre By-Law 2019-018

Being a bylaw to adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on February 6, 2019

WHEREAS Section 5 (3) of The Municipal Act, Chapter, S.O. 2001, c. M.25 as amended, states 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;

NOW 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 February 6, 2019 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.

3) AND FURTHER THAT this by-law shall become effective and shall come into force at the time of passing.

Passed this 6th day of February, 2019.

____________________________ Aina DeViet, Mayor

_____________________________ Ann Wright, Clerk


Documents

Page 1 of 4 · the Correspondence item 10.1 through to 10.6 as information. 11.0 COUNTY COUNCIL UPDATE 12.0 OTHER BUSINESS 13.0 BY-LAWS 13.1 By-Law 2019-015 - To approve and ratify