the corporation of the municipality of central elgin

The Corporation of the Municipality of Central Elgin

ORDER OF THE DAY

FOR THE PLANNING MEETING OF COUNCIL ON MONDAY, DECEMBER 16th, 2013 @ 7:30 PM

IN THE COUNCIL CHAMBERSPage

Roll Call

Disclosure of Pecuniary Interest and the General Nature Thereof

Delegation(s)1. Proposed Severance - 9823 Yarmouth Centre Road

Lane Walker, Bowsher and Bowsher, will be in attendance as agent for Stephen and Grayce Pineo to discuss a proposed severance at 9823 Yarmouth Centre Road.

2. Craigholme Estates Barbara Rosser, Planning Consultant, will be in attendance on behalf of Craigholme Estates.

Correspondence (Action)

1. Military Service Recognition Book Correspondence received from the Royal Canadian Legion seeking Council's interest in sponsoring an advertisement space in our "Military Service Recognition Book".

Correspondence (for Council's Information)1. Small, Rural and Northern Municipal Infrastructure Fund (SRNMIF) Capital Program

Correspondence received from Ministry of Agriculture and Food and Ministry of Rural Affairs advising that Expression of Interest (EOI) under Small, Rural and Northern Municipal Infrastructure Fund (SRNMIF) Capital Program was not selected to move forward to the application phase.

2. JAAC - Vacancy Correspondence received from the County of Elgin respecting appointment of Douglas Mayer to fill Joint Accessibility Advisory Committee vacancy.

3. County of Elgin Correspondence received from MMAH advising that the County of Elgin is now the Planning Act approval authority.

4-7

8

9-11

12

13-15

16

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Page

Correspondence (for Council's Information)4. 2014 Warden

Correspondence received from the County of Elgin announcing 2014 Warden as David Marr.

5. 2014 Ontario Medal for Young Volunteers Correspondence received from the Ministry of Citizenship and Immigration advising of 2014 Ontario Medal for Young Volunteers.

6. Elgin Group Police Services Board Correspondence received from Elgin Group Police Services Board respecting "Updated O.P.P. Estimate for 2014".

Reports

Central Elgin Planning OfficeCEP 61-13 Application for a Consent No. E75/13 - Renato and Ascenza Aretusi, 138

Centennial Ave.

CEP 62-13 Application for a Consent No. E78/13 - Estate of Joseph William Corner, 6736 Yarmouth Centre Road

CEP 63-13 Application for a Consent No. E80/13 - Prespa Construction Limited, 8748 Centennial Road

CEP 64-13 Application for a Consent No. E81/13 - Prespa Construction Limited, Lot 1, 11M-199

CEP 65-13 Application for a Consent No. E84/13 - Karl Robert and Donna Louise Crocker, 44531 Sparta Line

CEP 66-13 Mandatory Pre-consultation on Planning Applications - Implementing By-law

CEP 67-13 Application to Amend Village of Port Stanley By-law 1507 - Ross & Tammy Black, 641 George Street

Chief Administrative OfficerCAO 58-13 November 2013 Monthly Building Report

CAO 59-13 Draft Plan of Subdivision 34T-01002, Craigholme Estates

CAO 60-13 Accessible Procurement

Director of Physical ServicesPW 89-13 DWQMS Water Infrastructure Review

PW 90-13 Backwater Valve Installation - Sanitary Building Drains

PW 91/13 Eastside Development Area - Phase 3 - Engineering Design Fees

By-law(s)

17-18

19

20-25

26-27

28-29

30-31

32-33

34-35

36-38

39-40

41-4546-104105-113

114-121122-123124-127

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Page

By-law(s)By-law 1667 Being a By-law to Amend By-law 737 - Procurement By-law

By-law 1668 Confirmatory By-law

By-law 1669 Being a By-law to Amend By-law 1470 & 1578 (Wage Grid)

By-law 1670 Being a By-law to Regulate Mandatory Installation of Backwater Valves on Sanitary Sewer Connections

Public Notice

Resolutions

New Business

Unfinshed Business1. Tree Cutting By-law - staff directed to prepare a draft by-law for Council's

consideration

Closed Session

Adjournment

128129130-132133-134

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Dianne Wilson

From: Lane Walker ([email protected]: Monday, December 09, 2013 10: 52 AMTo: Dianne Wilson

Subject: letter of December 5, 2013 re Pineo

Hello Dianne,

Further to my letter regarding 9823 Yarmouth Centre Road of December 5, 2013 please note that I would greatlyappreciate an opportunity to address Council at the December 16th meeting. Thank you very much for your assistance.

Lane E. ( Bowsher) Walker

bowsher+ bowsher

LAW FIRM

112 Centre Street

St. Thomas ON N5R 2Z9

Phone: 519- 633 -3301

Fax: 519- 633 -5995

This message has been scanned by LastSoam e -mail security service. Ce message a ete verifie par Is service de secumb pour courriels LastSoam.

Lane Walker, Bowsher and Bowsher, will be in

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December 5, 2013

VIA FACSIMILE: 519- 6314036

Municipality of Central Elgin450 Sunset Drive

Elgin County Administration BuildingSt. Thomas, Ontario N5R 5V1

ATTENTION: Dianne Wilson

Dear Ms. Wilson:

Re: PINEO, Stephen & Grayce

Possible Consent to Sever Application9823 Yarmouth Centre Road, St. Thomas ON

Please be advised that our office represents Stephen & Grayce Pineo, owners of the lands at 9823Yarmouth Centre Road, St. Thomas located in the Municipality ofCentral Elgin. The Pineo propertyhas a frontage on Yarmouth Centre Road of 213. 6 in and a depth of 107 m. The property contains 2houses with zoning of C1 -15 and Official Plan designation of Industrial. I enclose herewith a sketch ofthe lands for your information. Please be advised that the current property is the result of a severancegranted in 1998 of the 2 houses off of the larger agricultural parcel surrounding these lands. At thattime, the property was re -zoned to allow for a logging accumulation yard which operation ran untilapproximately 2005.

We note that the Pineos had the property listed for sale for 1 '/ 2 years and have been unable to sell. They have been informed by their realtor that the reason for their inability to sell the lands is due tothere being 2 houses on the property. The 2 houses increase the value of the property outside of mostpeople' s means. Please be advised that the more southerly house is a century home while the house tothe north is approximately 37 years old and was built by Mr. Pineo' s father. The current owners, Stephen and Grayce Pineo moved into the century home, previously used as a rental property, in 1998and helped to care for the senior Pineos who are now both deceased.

We respectfully request Council consider the possibility of a severance of the property being permittedto create 2 separate lots. Beyond the division, there will be no change to the current status of theproperties. The anticipated dimensions of the proposed lots are laid out on the attached sketch. Please

note that the southerly lot would consist of approximately 4.3 acres and although not currently

K. Stewart Bowsher, B.A., L.L.B. Ph.: 519 -633 -3301 In association but not in partnership withAlice J. ( Bowsher) Burgess B.A. (Hon) LL.B. Fax: 519- 633 -5995 William D. Bowsher, Chatham -KentLane E. ( Bowsher) Walker B.Sc. ( Hon) LLB112 Centre St., St. Thomas, Ont.NSR 2Z9

Practicing through K. Stewart Bowsher Professional CorporationLane Walker, Bowsher and Bowsher, will be in

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possessing any use beyond residential, could potentially be used for an industrial or commercial use asdesignated. We understand that this may be possible from a planning perspective through anamendment to the Official Plan allowing the two new lots as an exception to the Industrial designation.

The Pineos find it very difficult to care for the 2 homes. They would like to see each home go tosomeone who has the energy and inclination to maintain each property and especially the centuryhome. Furthermore, there has not been much residential development directly abutting the Pineo lands, but lands one concession to the East at Tower Road have been developed quite extensively and landsto the South nearing the Talbot Line intersection is built up residential.

We would like to stress that the land owners are open to any suggestions from Council as far asconditions or amendments to the application. The main intention for making an application for consentto sever is to make the property two residential parcels that are in keeping with their present function, a function that has been in existence for almost 40 years.

Thank you very much for your assistance in this matter.

Yours truly,

BOWSHER + BOWSHER

Lane E. Walker

LEW

K. Stewart Bowsher, B. A., L.L.B.

Alice J. ( Bowsher) Burgess B.A. (Hon) LLB.

Lane E. ( Bowsher) Walker B. Sc. ( Hon) LLB

112 Centre St., St. Thomas, Ont.N5R 2Z9

Practicing through K Stewart Bowsher Professional Corporation

Ph.: 519- 633 -3301 In association but not in partnership wiFax: 519- 633 -5995 William D. Bowsher, Chatham -Kent


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Dianne Wilson

From: Don Leitch

Sent: Wednesday, December 11, 2013 12: 35 PMTo: Dianne Wilson

Cc: Jim McCoomb

Subject: FW: Craigholme Estates phase iv draft plan approval request

From: Barbara Rosser fmaiito :brosserColexeculink.com]

Sent: December -11 -13 10: 51 AM

To: Don Leitch

Cc: ' DON LEAHY'; ' Joe Snyders'

Subject: Craigholme Estates phase iv draft plan approval request

Hello Don

Thank you for your telephone call on this matter.

This email is to request that I have delegation status on behalf of Craigholme Estates on your Dec 16 Council agenda.

Thanks

Barbara G. Rosser, MCIP, RPP,

Planning Consultant, P. O. Box 96,

Ailsa Craig, Ontario NOM 1A0Telephone 519- 293 -3210

Cell 519- 282 -2560

This message has been scanned by LastSpam a -mail security service. Ce message a ete verft par le service de securte pour courriels LastSpam.

Barbara Rosser, Planning Consultant, will be in

of 134

Dianne Wilson

From: Don Leitch

Sent: Thursday, December 12, 2013 11: 54 AMTo: Dianne Wilson

Subject: FW: Municipality of Central Elgin - Royal Canadian Legion Veterans & Troops Recognition AdAttachments: Rates.pdf

Importance: High

From: Campaign Office [ mailto :camp_aionoffice(cbfenety.com] Sent: November -19 -13 11: 56 AM

To: Don Leitch

Subject: Municipality of Central Elgin - Royal Canadian Legion Veterans & Troops Recognition AdImportance: High

Hello Council,

The Military Service Recognition Book will be the first of its kind in Ontario, recognizing Veterans both past and present in print formwith full biographies and photographs submitted to local legion branches. With the help of Veterans, their families and friends, thisspecial publication will be released by September 2014.

Submissions will be compiled in this book for all to see, especially our future generations, to help them never forget the Sacrificesmade by our Veterans for the freedoms we enjoy today.

We are honoured to invite the Municipality of Central Elgin in this important 1st edition by way of purchasing a supportadvertisement. Many are taking an opportunity to thank our Veterans with their message. I have attached a letter and rate sheet fromthe Ontario Command of the Royal Canadian Legion for you to review. Your support at any level would be greatly appreciated.

If you have any questions, please do not hesitate to contact me by reply email or at the number below. Thank You Very Much Donald.

Best Regards,

Tom CampbellRoyal Canadian Legion

Ontario Provincial Command

Campaign Office

1- 855 - 241 -6967www.on. legion. ca

E [email protected]

Correspondence received from the Royal Canadian

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www.on. legion.ca

The Royal Canadian Legion

Ontario Command

Military Service Recognition Book" Dear Sir/Madam:

Thank you for your interest in The Royal Canadian Legion Ontario Command, representing Ontario' sVeterans. Please accept this written request for your support, as per our recent telephone conversation.

Ontario Command of the Royal Canadian Legion is very proud to be printing 15,000 copies of aMilitary Service Recognition Book ", scheduled for release by September 2014. This book will assist us

in identifying and recognizing many of our Veterans within the Province of Ontario and to serve as areminder for generations to come, while at the same time assist us in our job as the " Keepers of

Remembrance ".

We would like to have your organization' s support for this Remembrance project by sponsoring anadvertisement space in our " Military Service Recognition Book." Proceeds raised from this important

project will cover the cost of printing and distributing this unique publication. Additional proceeds receivedthrough this program will assist and support many Legion initiatives and to assist our over 400 branches toremain a viable partner in their communities. The Legion is recognized as Canada' s largest VeteranOrganization and we are an integral part of the communities we serve. This project ensures the Legion' s

continued success in providing these very worthwhile services.

Please find enclosed a rate sheet for your review. Whatever you are able to contribute to this worthwhile

endeavor would be greatly appreciated. For further information please contact Ontario Command

Campaign Office toll free at 1- 855- 241 -6967.

Thank you for your consideration and /or support.

Sincerely,

Bruce Julian

President

Correspondence received from the Royal Canadian

of 134

EM -7www.on. legion.ca


Ontario Command

Military Service Recognition Book"

Advertising Prices

Ad Size

Full Colou tside Back Cover

Inside t/B # Cover (Full Colour)

2 -Page Spread (Full Colour)

Cost HST Total

2,030.97 + $ 264.03 = $ 2,295.00

1, 765.49 + $ 229.51 = $ 1, 995.00

2,823. 01 + $ 366. 99 = $ 3, 190.00

Full Page (Full Colour) 1, 411. 50 183.50 = 1, 595.00

Full Page 1, 057.52 137.48 1, 195.00

Page ( Full Colour) 792.04 102.96 895.00

Page 615.04 79.96 695.00

4 Page (Full Colour) 482.30 62.70 545.00

4 Page 393. 81 51. 19 445.00

1/ 10 Page ( Full Colour) 287.61 37.39 325.00

1/ 10 Page (Business Card) 243.36 31. 64 275.00

H.S.T. Registration # 10686 2824 RT0001

All typesetting and layout charges are included in the above prices.

A complimentary copy of this year' s publication will be received by all advertiserspurchasing space of 1 /10 page and up, along with a Certificate of Appreciation fromOntario Command.

Master

PLEASE MAKE CHEQUE PAYABLE TO:


Ontario Command

RCL ON)

Campaign Office)

P O Boa 8055, Station T CSCOttawa, ON K1G 3H6

Visa/ Mastercard Accepted adcopy can be emailed to: oncl ® fenety.comCorrespondence received from the Royal Canadian

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MinistryofAgriculture Ministèredel’AgricultureetdeandFood l'Alimentation

MinistryofRuralAffairs MinistèredesAffairesrurales

e4thFloor 4étage1StoneRoadWest 1StoneRoadWestGuelph, Ontario N1G4Y2 Guelph (Ontario) N1G4Y2Tel: 1-877-424-1300 Tél. : 1-877-424-1300Fax: 519 826-4336Téléc. : 519 826-4336

RuralProgramsBranch

December9, 2013OurFile: SRN-CTL-090

LloydPerrin, DirectorofPhysicalServicesMunicipalityofCentralElgin450SunsetDrive, St. Thomas, [email protected]

Re: Small, RuralandNorthernMunicipalInfrastructureFund (SRNMIF) CapitalProgram

DearLloydPerrin:

ThankyouforyourExpressionofInterest (EOI) undertheSmall, RuralandNorthernMunicipalInfrastructureFund (SRNMIF) CapitalProgram.

Unfortunately, yourprojectproposalhasnotbeenselectedtomoveforwardtotheapplicationphaseoftheSRNMIFCapitalProgram.

Nearly350EOIswerereceived. YourEOIdidnotpassthepre-screenprimarilybecauseotherapplicantswithhighlycriticalprojectshadmorechallengingeconomicconditions (asmeasuredbypropertyassessmentsandincomes)

Shouldyouhaveanyquestions, pleasedonothesitatetocallthecontactcenterat1-877-424- [email protected].

ThankyouforyourinterestintheSRNMIFCapitalProgram.

Sincerely,

JenniferBousfieldManager, ProgramOperations

Correspondence received from Ministry of Agriculture

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December 4, 2013

Mr. Don Leitch, Administrator /Clerk

Municipality of Central Elgin450 Sunset DriveSt. Thomas, Ontario N5R 5V1

Dear Mr. Leitch:

R ^ n! A D

DE' 0 6 2013

Municipality of Central ElginPER: TIME:

Re: Joint Accessibility Advisory Committee Vacancy Appointment

Please be advised that Elgin County Council adopted the following resolution at itsmeeting held on November 26, 2013:

THAT County Council approve the appointment of Douglas Mayer to serveon the County of Elgin /Central Elgin Joint Accessibility Advisory CommitteeJAAC) effective immediately for a three year term.

Carried.

signed) Warden Cameron McWilliams

A copy of the staff report is included for ease of reference.

Yours truly,

Susan McConnell,

Administrative Services Coordinator

Enclosure

cc Jennifer Cowan, Accessibility CoordinatorDianne Wilson, Co- Secretary, JAAC

County of ElginAdministrative SeMoes

450 Sunset Orhie

Sl Thomas. On N5R5V1

Phone: 519- 631 - 1460

w . elgin- umy. on.ca

Datc Rim:

Pile a

Dir. Finance

other. Name/Subject

Dir. Physical

other atltw:

Dir. Fim

other Cotmca Agenda

County of ElginAdministrative SeMoes

450 Sunset Orhie

Sl Thomas. On N5R5V1

Phone: 519- 631 - 1460w . elgin- umy. on.ca

Correspondence received from the County of Elgin

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f` El/ gmCounty

Pup W. WW . REPORT TO COUNTY COUNCIL

FROM: Jennifer Cowan, Accessibility CoordinatorRob Bryce, Director of Human Resources

DATE: November 4, 2013

SUBJECT: Joint Accessibility Advisory Committee Vacancy Appointment

Due to a recent vacancy on the Elgin County /Central Elgin Joint Accessibility AdvisoryCommittee (JAAC), staff have initiated the recruitment process for a new member.

DISCUSSION:

An advertisement was placed in several local newspapers byway of the "Central ElginBuzz ". Local newspapers include: St. Thomas Times Journal, Lake Erie Beacon,

Weekly News and Aylmer Express. The advertisement was also included on thewebsite for both Central Elgin and Elgin County and was picked up by the local radiostation, myFM.

Members of the public who were interested in being part of the JAAC received anapplication from the Accessibility Coordinator. Once applications were returned, theprocess for short listing the candidates began. The Accessibility Coordinator used aranking system to determine the best candidates to interview. From the applications, three candidates were chosen for interviews.

Interviews were conducted by Dave Marr, Elgin County Councillor and Central ElginDeputy Mayor, Dianne Wilson, Central Elgin Clerk and Jennifer Cowan, Elgin CountyAccessibility Coordinator.

Based on a number of factors, including experience with municipal committees, professional experience in customer service with the Ontario Public Sector and an

understanding of cross disability issues, the preferred candidate to fill the vacancy isDouglas Mayer, resident of Central Elgin.

CONCLUSION:

Staff respectfully requests that County Council and Central Elgin Council approve therecommended appointment to the County of Elgin /Central Elgin Joint AccessibilityAdvisory Committee.

RECOMMENDATION:

THAT County Council approve the appointment of Douglas Mayer to serve on theCounty of Elgin /Central Elgin Joint Accessibility Advisory Committee (JAAC) effectiveimmediately for a three year term.


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All of which is Respectfully Submitted Approved for Submission

Jennifer Cowan Mark G. McDonald

Accessibility Coordinator Chief Administrative Officer

Rob Bryce

Director of Human Resources


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Ministry ofMunicipal Affairs

and Housing

Municipal Services Office -

Westem

659 Exeter Road, 2" FloorLondon ON WE 1 L3Tel. ( 519) 873 -4020Toll Free 1- 800 -265 -4736Fax (519) 8734018

DATE: Nove

TO:

FROM:

lag

r Ministere des •

et du

s municipales nntanA

Logement

Bureau des services aux municipalites -

region de 1' Ouest

659, rue Exeter, 28 stageLondon ON WE 1 L3Tel. (519) 8734020Sans frais 1 800 265 -4736Telec (519) 8734018

mber 26, 2013

1%JEICEI Y EDDEC 0 6 2013

Municipality of Central Elgin

Jackie Horn, Land Registrar, County of ElginDrew Crinklaw, OMAFRA, London

Bill Armstrong, MOE, LondonAmanda McCloskey, MNR, AylmerHeather Doyle, MTO, St. Catharines

John Morrisey, MTO, LondonPenny Young, MTCS, TorontoErica Arnett, Elgin St. Thomas Health Unit

Joe Gordon, Kettle Creek Conservation AuthorityVal Towsley, Lower Thames Valley Conservation AuthorityTony Difazio, Catfish Creek Conservation AuthorityBonnie Bravener, Long Point Region Conservation AuthorityJennifer Reynaert, CAO /Administrator, Town of Aylmer

Kyle Kruger, Administrator, Municipality of BayhamDonald Leitch, CAC /Clerk, Municipality of Central ElginLaurie Spence Bannerman, CAO, Municipality of Dutton /DunwichMichelle Casavecchia, CAO /Clerk, Township of MalahideDonna Ethier, CAO /Clerk, Township of SouthwoldScott Gawley, Administrator/Treasurer, Municipality of West Elgin

Tammie Ryall, MCIP, RPP, Planner

County of Elgin Planning Act approval authority

r

I

w30

As a result of the County of Elgin Official Plan coming into effect on November 5, 2013, theCounty of Elgin is now the approval authority for subdivision of land pursuant to subsection51( 5. 1) of the Planning Act. Similarly, the County is now the approval authority for local OfficialPlans and Official Plan amendments pursuant to subsection 17(4) of the Planning Act.

99

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All active subdivision, condominium and Official Plan amendment files have been transferred to

the County. Inquiries on new and current applications should be made to: Mr. Steve Evans, Manager of Planning, County of.Elgin, 450 Sunset Drive, St. Thomas, ON N5R 5V1. sevansCnlelgin- county.on.ca519 -631 -1460 ext. 126.

Please forward this information to others within your organization who may be responsible forreviewing these types of Planning Act applications. If you have any questions, please contactme by telephone at 519 - 873 -4031 or by e- mail at tammie. ryall(aontario.ca.

Copy: Steve Evans, Manager of Planning, County of Elgin

Correspondence received from MMAH advising that the

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Dec. 10. 2013 8: 42 PM County of E19' n No. 0841 P. 1/ 2

ElginCounty

December 10. 2013

For immediate release

Marr new Elgin County Warden for 2014

CENTRAL ELGIN — David Marr was acclaimed Warden of Elgin County at asession of Elgin County Council tonight.

Marr, the Deputy Mayor of Central Elgin, was unopposed in his bid for the one - year position. He had previously declared his intention to seek the office.

Marr served as a municipal councillor for 16 years, first on Port Stanley Councilfor six years and then as the Ward 1 representative for Central Elgin for 10 years.

He was appointed to Elgin County Council in 2010. He has served previously oncounty council ( 1995 -97).

Marr has served on the Economic Development and Tourism AdvisoryCommittee, the Joint Elgin /Central Elgin Accessibility Advisory Committee, theOfficial Plan committee, the Social /Entertainment committee, and the Green

Lane Community Trust Fund; he currently serves on the board of the Elgin PoliceGroup Services.

Marr said he was "honoured to accept this position and represent Elgin Countyfor the coming year."

He thanked outgoing Warden Cameron McWilliam for his "quiet confidence, compassion, integrity and wit."

Priorities for the county, said Marr, were addressing the space needs for thecounty' s Provincial Offences Court and the museum, improving ambulanceresponse times in Bayham, improvements to Terrace Lodge and the relocation of

Dexter Line.

2County of ElginAdmtnistrative Services

460 Sunset Drive

St. Thomas, On N5R 5V1

Phone: S19- 631 -1460w . eigin- county.on.ca

Progressive by Nature JCorrespondence received from the County of Elgin

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Dec. 10. 2013 8: 42 PM County of E19' n No. 0841 P. 2/ 2

On a personal note, Marr said he would like to engage high student students in

discussions around municipal politics: " they are our future and we need them tobecome involved."

As well, upon the 100" anniversary of the First World War in 2014, he would liketo increase the county's involvement to various Remembrance Day ceremonies.

Committee appointments for the rest of council were approved:

The Elgin Economic Development Advisory Group: Councillors Jack Couckutyand Dave Mennill; Dispute Resolution: Warden Marr, Councillors Cameron

McWilliam and Paul Ens; Elgin County Museum: Councillor Jim Jenkins; Elgin St, Thomas Public Health: Councillors Bill Walters, Couckuyt and Bernie Wiehle;

Health Recruitment Partnership: Councillor McWilliam; Rural Initiatives: Councillors Jim McIntyre, Ens and McWilliam; Social /Entertainment: Councillors

Walters and Wiehle; St. Thomas Elgin General Hospital — Tom Marks ( civilianappointee); St. Thomas Elgin Public Art Centre: Councillor Mennill; Waste

Management/Liaison — Committee of the Whole Council; SWEA: Warden Marr

and Councillor Jenkins; St. Thomas Elgin General Ad Hoc Committee:

Councillors Mennill and McIntyre; Joint Elgin /Central Elgin Accessibility Advisory: Warden Marr; Water Advisory Committee: Councillor Jenkins.

The first meeting under Marr's guidance will be the final meeting planned for2013: Thursday, December 12 at 9: 00 a. m.

30 -.

For additional information, contact:

Susan McConnell

Administrative Services Coordinator

x 103)


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Ministry of Citizenshipand Immigration

Ontario Honours and AwardsSecretariat

400 University Avenue, 4'" FloorToronto ON M7A 2R9

November 2013

Dear friend,

Ministere des Affaires clvlques

at de I' Immigration

Secretariat des distinctions at prixde (' Ontario

400, avenue University, 4' etageToronto ON M7A 2R9

DEC 0 6 2013

M . ipality of Cetrd EA&

I am pleased to remind you that the Ontario Honours and Awards Secretariat accepts

nominations, throughout the year, for the Ontario Medal for Young Volunteers.

io

The Ontario Medal for Young Volunteers is presented by the Lieutenant Governor to exceptionalyoung volunteers, between the ages of 15 and 24.

Through their actions and dedication, young volunteers have improved the quality of life in theircommunities, their province, their country, and even around the world. This honour recognizes

Ontario' s finest youth who understand the importance of volunteering and who demonstrateleadership, initiative and perseverance as well as inspire others.

Do you know an outstanding young volunteer? If so, please nominate them for the Ontario Medalfor Young Volunteers.

Deadline for nominations is January 15, 2014

Nomination forms and additional information about the Ontario Medal for Young Volunteers, andother programs that recognize volunteers, are available on the Ministry of Citizenship andImmigration website at:

www. Ontario. ca /h on oursanda wards

If you have any questions or require assistance please contact the Ontario Honours and AwardsSecretariat by phone at (416) 314 -7526, toll free at 1- 877 - 832 -8622 or TTY 416 - 327 -2391.

I genuinely hope you take this opportunity to nominate any young volunteer(s) you believe to beworthy of this recognition.

Sincerely,

42 - 054A

Cl Ed Date Rec.: r

other: File qf - ---

Di. Finance

4' 0 f T— other. NameJSubject:

Dir. PhysicalLuc Vincent other: tea;

Manager Dir. Fire ca2 „ Jw oel- 23other: Council Apmrra C

42 - 054A

Correspondence received from the Ministry of

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Correspondence received from Elgin Group Police

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p

The Corporation of the Municipality of

r Central ElginREPORT

DATE: December 11, 2013 REPORT: CEP.61. 13CEPO FILE: E75113

TO: His Worship the Mayor and Council

PREPARED BY: Steve Craig, Sr. Planning TechnicianCentral Elgin Planning Department

SUBJECT: Application for a Consent No. E75113— Renato and Ascenza Aretusi138 Centennial Avenue

ATTACHMENTS: Location Plan

TO COUNCIL: December 16, 2013

THAT: Report CEP.61. 13 be received for information;

AND THAT: Should Council pass a resolution in support ofconsent application E75113 to the Land Division Committee,

staff recommends the following conditions: the payment of cash -in -lieu of the dedication of 5% of theland for parkland purposes;

the proponent enter into a development agreement with theMunicipality of Central Elgin to address administrative, technical and financial matters related to the developmentof the lot; and

a copy of the reference plan be provided to the Municipalityof Central Elgin.

Background:

Consent application E75113 has been filed for the purpose ofcreating one new vacant residential building lot.

Location:

The subject lands are located on the east side of CentennialAvenue. The lands are described as, Concession 8, North Partof Lot 11, Municipality of Central Elgin.

Proposal:

Renato and Ascenza Aretusi, through consent application

E75/13, are proposing to sever a rectangular shaped lot with

frontage of 15.24m along Centennial Avenue, a depth of 60.96mand an area of 929.03m , containing one house, one garage andone shed. It is proposed that the lands to be severed will

Location Plan:

1 11111

W

continue to be used for residential purposes. The applicants are

proposing to retain an irregular shaped vacant lot with frontage of 15. 24m along Centennial Avenue, a depth of 274. 94m and an area of7,451. 45m2. It is proposed that the lands to be retained will be used for residential purposes.

Central Elgin Planning Office Report No.: CEP -61 -13

Application for a Consent No. E75/13 - Renato and

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Staff Report

1. Official Plan

The subject lands are located within the Residential designation In accordance with Schedule "D" — Community of Eastwood Land UsePion to the Municipality of Central Elgin Official Plan.

The Community of Eastwood Subdivision ( Section 4.6.3) is located in the central area of the Municipality, just outside of the southeastcomer of the City of St. Thomas. It is almost exclusively residential in terms of land use. The Eastwood Subdivision lies within the studyarea for the East Side Servicing Study and is planned to be fully serviced with municipal piped water supply and sanitary sewagethrough an agreement with St. Thomas.

The Residential policies (Section 4. 2) of the Plan permit a range of residential dwelling types and densities shall be permitted, includingsingle detached, semi- detached, duplex dwelling, tdplex dwelling, townhouse dwelling and apartment dwellings. The Residential Intensification policies (Subsection 2.3.2. 1) of the Official Plan provide that:

a) Residential intensification shall only be supported within the built up areas of the Urban Settlement Areas identified inSubsection 2. 1. 1 of the Plan, which includes Eastwood Subdivision.

b) Residential intensification shall only be permitted where full municipal sewer and water services exist, and in accordance withthe policies of Subsection 2.8 of the Plan.

c) Residential intensification shall comply with the policies contained within Section 4. 0 of the Plan.

2. Zoning By -LawThe subject lands are located within the Residential Zone 1 ( R1) and Open Space Zone 2 ( OS2) of the Township of Yarmouth ZoningBy -Law 1998, as amended. The limits of the Residential Zone 1 ( R1) extend from the front lot line back in the easterly directionapproximately 70m. The balance of the subject lands are within the Open Space Zone 2 (OS2). The Residential Zone 1 ( R1) permitted uses include residential uses, institutional uses lawfully existing on the day of the passing of theby -law, home occupations and accessory uses. The Residential Zone 1 ( R1) permits one single- detached dwelling or one unit of a semi - detached dwelling on one lot, institutionalbuildings and structures lawfully existing on the day of the passing of the by -law and accessory buildings on residential lotsWhere public sanitary sewage disposal facilities and piped public water is available the minimum lot area required is 464.50, theminimum lot frontage is 15m and the minimum lot depth required is 30.48m.

3. County of Elgin Official Plan: The subject lands are located within the "Tier 1 Settlement Area" designation In accordance with Schedule "A" - Land Use, to theCounty of Elgin Official Plan. Settlement Areas are the focus of urban development in the County Plan and Tier 1 Settlement Areas are to be fully serviced withmunicipal sanitary sewers and piped water. The objectives of the Plan for Settlement Areas support a variety of residential developmenttypes and densities while encouraging compatibility with existing uses.

Comments:

The proposed severed and retained lots were re

compatible with existing development within the

Respectfully submitted:

w

Steve Crai

Sr. Planni Technics

d by municipal sewage disposal systems, and are consistent andarea. it

Central Elgin Planning Office Report No.: CEP -61 -132-

Application for a Consent No. E75/13 - Renato and

of 134

e, t

s

The Corporation Municipality #

1- Elgin

REPORT

DATE: December 11' ", 2013 REPORT: CEP.62. 13

CEPO FILE: E78113TO: His Worship the Mayor and Council


SUBJECT: Application for a Consent No. E78t13 — Estate of Joseph William Corner6736 Yarmouth Centre Road


TO COUNCIL: December 16", 2013

RECOMMENDATION:


AND THAT: Should Council pass a resolution in support ofconsent application E78/13 to the Land Division Committee, staffrecommends the following conditions:

confirmation that a conservation easement is registered on88e across both the severed and retained lots, in benefit ofthe Nature Conservancy of Canada; the payment of cash -in -lieu of the dedication of 5% of theland for parkland purposes;

the proponent enter into a development agreement with theMunicipality of Central Elgin to address administrative, technical and financial matters related to the development ofthe lot; and

a copy of the reference plan be provided to the Municipalityof Central Elgin.

Background:

The applicant through consent application E7a113 is proposing tosever one of the two existing houses and storage shed from thesubject lands.

Location:

The subject lands are located on southeast corner of the

Location Plan:

intersection of Yarmouth Centre Road and Fruit Ridge Line. The

subject lands are described as being the North Part of Lot 15, Concession 4, geographic Township of Yarmouth, now Municipality ofCentral Elgin.

Proposal:

The estate of Joseph William Comer, through consent application E78l13, is proposing to sever a rectangular shaped parcel of landwith frontage of 64. 01m along Yarmouth Centre Road and an area of 9, 800m , containing one house and one shed. It is proposedthat the lands to be severed will continue to be used for residential purposes. The applicant Is proposing to retain an irregularshaped parcel of land with frontage of 544. 7m along Fruit Ridge Line, 409. 7m Yarmouth Centre Road and an area of 19. 26hectares, containing one house and three barns. It is proposed that the lands to be retained will continue to be used for residentialand natural heritage purposes.

Central Elgin Planning Office1-

Report No.: CEP -62 - 13

SUBJECT

LANDSrrWl MO. Lim

a

PROPOSED i

r d SEVERED JPROPOSEDRETAINED

d. W@$ 6

intersection of Yarmouth Centre Road and Fruit Ridge Line. The

subject lands are described as being the North Part of Lot 15, Concession 4, geographic Township of Yarmouth, now Municipality ofCentral Elgin.

Proposal:

The estate of Joseph William Comer, through consent application E78l13, is proposing to sever a rectangular shaped parcel of landwith frontage of 64. 01m along Yarmouth Centre Road and an area of 9, 800m , containing one house and one shed. It is proposedthat the lands to be severed will continue to be used for residential purposes. The applicant Is proposing to retain an irregular

shaped parcel of land with frontage of 544. 7m along Fruit Ridge Line, 409. 7m Yarmouth Centre Road and an area of 19. 26hectares, containing one house and three barns. It is proposed that the lands to be retained will continue to be used for residential

and natural heritage purposes.


Report No.: CEP - 62 - 13

Application for a Consent No. E78/13 - Estate of

of 134

Staff Report

1. Official Plan

The subject lands are predominantly designated Natural Heritage In accordance with Schedule "A" - Land Use Plan, of theMunicipality of Central Elgin Official Plan. There area couple of small pockets of the Agricultural designation, however theseare largely anomalies based on how the Natural Heritage designation was mapped and do not represent lands used foragricultural purposes.

The Interpretation policies (Section 5. 5) of the Official Plan provide that the boundaries of the land use designation as shownon the land use schedules to the Official Plan are approximate and shall be considered absolute only where they coincide withroads, railway lines, lot lines, or other clearly defined physical features. Amendment to the Official Plan are not required In order to make minor adjustments to a land use boundary not defined bysuch physical features provided the Intent of the Official Plan Is maintained.

The Natural Heritage policies (Section 3. 1) of the Official Plan permit passive open space, walking /biking trails, forest andresource management uses, conservation uses, erosion and flood control, low- intensity public and private recreation uses, existing agricultural uses, necessary public utilities and services, and accessory buildings and structures thereto. The Consent Policies found in Subsection 5. 3. 9. 1( e)( 1) of the Official Plan do not support consents in the Natural Heritage

designation where a suitable building envelope cannot be identified through an Environmental impact Study. In this particular case the building envelope exists and no new buildings or structures are being proposed.

2. Zoning By -Law

The subject lands are located within the Open Space Zone 1 ( 061) of the Township of Yarmouth ZoningBy -Law 1998, as amended. The regulations of the Open Space Zone 1 ( 051) permit farts use, rural- residential use, institutional use, home occupations

and accessory uses.

The minimum lot area required for farm use Is 25 acres ( 10. 11 hectares) and the minimum lot frontage required is 30.48m.

The minimum lot area required for rural residential use 1, 858m2 and the minimum lot frontage required is 30.48m.

3. County of Elgin Official Plan: The subject lands are predominantly Natural Heritage in accordance with Appendix Map 1 ( Natural Heritage Features andAreas). The boundaries of these features and areas are considered to be approximate.

Section D1. 2 of the Official Plan provides that all natural heritage features are considered to be Important to the County. Whilethe location and significance of these features has yet to be determined in some cases, all of these features need to beconsidered when applications for development and site alteration are being evaluated. Development and site alteration shall not be permitted in significant woodlands, significant valieylands, a significant wildlifehabitat and significant areas of natural and scientific Interest unless it has been demonstrated through an Environmental

Impact Study that there will be no negative impacts on the natural features or their ecological functions. in this particular case the building envelope exists and no new buildings or structures are being proposed.

Comments:

The intent of consent application E78113 is to transfer ownership of the severed lot, which contains one detached dwelling andone storage shed, to Larry and Debra Corner, as provided in the last will and testament of Joseph William Comer. The Nature Conservancy of Canada negotiated a conservation easement across the subject lands with the late Joseph WilliamComer.

That easement Is registered on title and the NCC has indicated no objections to the severance as long as the easementcontinues to apply to both the severed and retained lots. The conservation easement will continue to ensure thgJgng term protection of Corners pond, which Is an EnvironmentallySensitive area and the Beaver Creek Wetland, whit H Provincially Si4ficant Wetland.

Respectfully submitted: 1, , f

Steve CraigSr. Planning Technician


2-

Application for a Consent No. E78/13 - Estate of

of 134

e


Central ElginREPORT

DATE: December 11'°, 2013 REPORT: CEP.63.13

CEPO PILE: E80113



SUBJECT: Application for a Consent No. E80/ 13— Prespa Construction Limited8748 Centennial Road


TO COUNCIL: December le, 2013

RECOMMENDATION:


AND THAT: Should Council pass a resolution in support of consent

application E80/13 to the Land Division Committee, staff

recommends the following conditions: the applicant provide written confirmation, satisfactory to theMunicipality of Central Elgin, that the area of the severed lot Issuitable for the long -tens provision of a private sewage disposalsystem, to the satisfaction of the Municipality of Central Elgin;

approval of a zoning by -law amendment to bring both thesevered and retained lots into conformity with the zoning by -law; the payment of cash -in -lieu of the dedication of 5% of the landfor parkland purposes;

the proponent enter into a development agreement with the

Municipality of Central Elgin to address administrative, technicaland financial matters related to the development of the lot; and

a copy of the reference plan be provided to the Municipality ofCentral Elgin.

Background:

The applicant through consent application E80/13 is proposing tosever the existin house and shed from the subject lands and retain

Location Plan:

V

E w

k

SUBJECT LANDS

9

the three accessory buildings that were used in connection with an excavating business. The applicant is proposing to use theretained lands for an office/shop in connection with Prespa Construction Limited.

Location: The subject lands are located on the east side of Centennial Road, south of Elm Line. The lands are described as, Concession 7, North Part of Lot 11, Municipality of Central Elgin.

Proposal:

Prespa Construction Limited, through consent application E80113, are proposing to sever a lot with frontage of 22.24m alongCentennial Road, a depth of 60.87m and an area of 1, 353.3m2, containing one house and one shed. It Is proposed that the lands tobe severed will continue to be used for residential purposes. The applicant is proposing to retain a lot with frontage of 7.92m alongCentennial Road, a depth of 134. 12m and an area of 2,695mz, containing three sheds. It is proposed that the lands to be retainedwill be used for an office/shop.

Staff Report


Application for a Consent No. E80/13 - Prespa

of 134

Staff Report

1. Official Plan

The subject lands are located within the Local Commercial designation and at the boundary between the Local Commercialand Residential designations in accordance with Schedule " 0" — Community of Eastwood Land Use Plan to the Municipality ofCentral Elgin Official Plan.

The portion of the subject lands containing the house has always been used for residential purposes. Council may wish to useits authority to interpret the land use boundary such that the house is more appropriately considered to be a part of theResidential designation for the purposes of this proposed consent and any required zoning by -law amendment.

2. Zoning By -LawThe subject lands are within the Open Space Zone 2 ( OS2 -20) of the Township of Yarmouth Zoning Bylaw 1998. The Open Space Zone 2 ( OS2) permits farm uses, rural residential uses lawfully used for such purposes on the day of thepassing of the by -law, home occupations and accessory uses.

The special provisions of the OS2 -20 zone permit the storage and repair of excavating equipment.

Buildings and structures for the storage and repair of excavating equipment are permitted.

The minimum lot area required is 25 acres for farm use and 1, 858m2 for rural residential uses lawfully used on the day of thepassing of the by -law. The minimum lot frontage required is 30m.

3. County of Elgin Official Plan: The subject lands are located within the "Tier 1 Settlement Area" designation in accordance with Schedule 'A"- Land Use, tothe County of Elgin Official Plan. Settlement Areas are the focus of urban development in the County Plan and Tier 1 Settlement Areas are to be fully servicedwith municipal sanitary sewers and piped water. The objectives of the Plan for Settlement Areas support a variety of residentialdevelopment types and densities while encouraging compatibility with existing uses.

Comments:

A zoning by -law amendment is required to bring both the severed and retained lots Into conformity with the zoning by -law. The severed lot does not meet the minimum lot area requirement for a rural residential lot approval of the subject application

should be conditional on the applicant obtaining written confirmation satisfactory to the Municipality that the area of the severedlot is suitable for the long -tern provision of a prive(gpewage disposal systepf.'


rySteve CraigSr. Planning Technician

Central Elgin Planning Office Report No,: CEP -63 -13

2-


of 134


2 Central ElginREPORT

DATE: December I I` , 2013 REPORT: CER64.13CEPO FILE: E81113


PREPARED BY: Steve Craig, Sr, PlanningTechnician - -- Central Elgin Planning Department

SUBJECT: Application for a Consent No. E81/ 13 — Prespa Construction LimitedLot 1, 11M -199


TO COUNCIL: December 16". 2013

RECOMMENDATION:

THAT: Report CEP.64.13 be received for information;

AND THAT: Should Council pass a resolution in support ofconsent application E81/ 13 to the Land Division Committee, staff

recommends the following conditions: the lands to be severed be merged in title with theabutting landsto the east (Lot 2, 11 MA 99);

that Subsection 3 of Section 50 of the Planning Act, R.S. O., 1990, as amended shall apply to anysubsequent conveyance or transaction involving thesubject lands;

the Solicitor for the applicant is to provide anundertaking, whereby he /she informs the Committee inwriting, that the lands are being conveyed to anabutting property owner and thus a merger of title willtake place, which merger shall include all interests heldinclusive or mortgagees interest; and

the Municipality of Central Elgin be provided with acopy of the Reference Plan.

Background:

The applicant through consent application E81113 is proposing alot addition for the purpose of conveying a strip of land to theabutting lot to the east (Lot 2, 11 M -199), which will be used forresidential purposes.

Location Plan:

RETAINED

SEVERED

ix,es ican

OT2IOTY

iontor3

SUBJECT

LANDS

n

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VVVe

Location:

The subject lands are located on the south side of George Street. The lands are described as, Lot 1, 11 M -199, Municipality ofCentral Elgin.

Proposal:

Prespa Construction Limited, through consent application E81113, isproposing to sever a vacant rectangular shaped parcel of landwith frontage of 1. 426m along George Street and an area of 949. 3m . It is proposed that the lands to be severed will be merged intitle with the abutting lands to the east (Lot 2, 11 M -199) and be used for residential purposes. The applicant is proposing to retain avacant irregular shaped parcel of land with frontage of28.99m along George Street and an area of 949. 3m2. It is proposed that thelands to be retained will be used for residential purposes.

Central Elgin Planning OfficeI-

Report No.: CEP -64 -13


of 134

Staff Report

1. Official Plan

The subject lands are located within the Residential designation in accordance with Schedule " G° — Community of Port StanleyLand Use Plan to the Municipality of Central Elgin Official Plan.

The Residential policies (Section 4. 2) of the Official Plan permit a range of residential dwelling types and densities shall bepermitted, Including single detached, semi - detached, duplex dwelling, triplex dwelling, townhouse dwelling and apartmentdwellings.

The consent policies (5.3. 9) of the Official Plan permit consents for technical or legal purposes, such as a boundaryadjustment, easement or right- of-way in any land use designation. The lots that are subject of the application and any retainedlands will comply with the zoning by -law, or the consent will be conditional on a successful zoning by -law amendment or minorvariance.

2. Zoning By -Law

The subject lands are within the Residential Zone 1 ( R1 -52) of the Township of Yarmouth Zoning Bylaw No. 1998. The R1 -52 zone permits a single detached dwelling, semi- detached dwelling and accessory uses. The minimum lot area required for a semi- detached dwelling is WOO per dwelling unit. The minimum lot frontage required for a semi - detached dwelling Is 10m per dwelling unit.

3. County of Elgin Official Plan: The subject lands are located within the `Tier 1 Settlement Area" designation in accordance with Schedule "A" - Land Use, tothe County of Elgin Official Plan.

Settlement Areas are the focus of urban development in the County Plan and Tier 1 Settlement Areas are to be fully servicedwith municipal sanitary sewers and piped water. The objectives of the Plan for Settlement Areas support a variety of residentialdevelopment types and densities while encouraging compatibility with existing uses. Consents may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. in reviewingan application for such boundary adjustment, the approval authority shall be satisfied that the boundary adjustment will notaffect the viability of the use of the properties affected as intended by this Plan.

Comments:

According to the application the applicant will be coAhucting three semi- detached dwellings on lot 1, 2 and 3, Plan 11 M -199.

Respectfully submitted: A o ' ad for su

qy" /\ J%--- // jSteve Craig D N. Leitch

Sr. Planning Technicia C / Clerk


2-


of 134


Central ElginREPORT

DATE: December 11", 2013 REPORT: CEP.65. 13CEPO FILE: E84/ 13


PREPARED BY: Steve Craig, Sr. Planning Technician

0

Central Elgin Planning Department

SUBJECT: Application for a Consent No. E84/13 — Kad Robert and Donna Louise Crocker44531 Sparta Line


TO COUNCIL: December 16t'. 2013

RECOMMENDATION:


AND THAT: Should Council pass a resolution in support ofconsent application E84/ 13 to the Land Division Committee, staff

recommends the following conditions:

the lands to be severed be merged in title with the abuttinglands, owned by Oak Plain Farms Limited; that Subsection 3 of Section 50 of the Planning Act, R. S.O., 1990, as amended shall apply to any subsequent conveyanceor transaction involving the subject lands;

the Solicitor for the applicant is to provide an undertaking, whereby he/she informs the Committee in writing, that thelands are being conveyed to an abutting property owner andthus a merger of title will take place, which merger shall

Include all interests held inclusive or mortgagees Interest; and

the Municipality of Central Elgin be provided with a copy ofthe Reference Plan.

Background:

The applicants are proposing to retain the existing residentialdwelling, accessory buildings and structures located on the subjectlands and convey the balance of the agricultural lands to theabutting farts to the west, owned by Oak Plain Farms Limited

Location:

Location Plan:

The subject lands are located on the south side of Sparta Line,

between Centennial Road and Yarmouth Centre Road. The subject lands may be described as Part Lot 13, Concession 3, geographic Township of Yarmouth, now Municipality of Central Elgin.

Proposal:

Kad Robert and Donna Louise Cracker through consent application E84/ 13, are proposing to sever an irregular shaped parcel ofvacant agricultural land with frontage of 259. 22m along Roberts Line, 113. 47m along Sparta Line and an area of 40. 67 hectares. ItIs proposed that the lands to be severed will be merged in title with the abutting lands to the west, owned by Oak Plain FarmsLimited and continue to be used for agricultural purposes. The applicant is proposing to retain an Irregular shaped parcel of landwith frontage of 146. 78m along Sparta Line and an area of 1. 16 hectares, containing a house, detached garage, garage / shop andbam with silo / shed. it is proposed that the lands to be retained will be used for rural residential purposes.

Central Elgin Planning Office Report No.: CEP - 65. 13t-

aeieixen

Sparta Lim

0

8 SUBJECT

tt ( ANDS8

U

Roberto Linea

m 10- cs

The subject lands are located on the south side of Sparta Line,

between Centennial Road and Yarmouth Centre Road. The subject lands may be described as Part Lot 13, Concession 3, geographic Township of Yarmouth, now Municipality of Central Elgin.

Proposal:

Kad Robert and Donna Louise Cracker through consent application E84/ 13, are proposing to sever an irregular shaped parcel ofvacant agricultural land with frontage of 259. 22m along Roberts Line, 113. 47m along Sparta Line and an area of 40. 67 hectares. It

Is proposed that the lands to be severed will be merged in title with the abutting lands to the west, owned by Oak Plain FarmsLimited and continue to be used for agricultural purposes. The applicant is proposing to retain an Irregular shaped parcel of land

with frontage of 146. 78m along Sparta Line and an area of 1. 16 hectares, containing a house, detached garage, garage / shop andbam with silo / shed. it is proposed that the lands to be retained will be used for rural residential purposes.

Central Elgin Planning Office Report No.: CEP - 65. 13t-

Application for a Consent No. E84/13 - Karl Robert

of 134

Staff Report

1. Official Plan

The subject lands are within the Agricultural and Natural Heritage designation in accordance with Schedule " f" of theMunicipality of Central Elgin Official Plan.

Section 4. 1. 4, Agricultural Consent Policies apply. Subsection 4. 1. 1( b) provides that where a parcel of land has an area lessthan 40 hectares (98.8 acres), a consent for the purpose of transferring parts of such parcel to an abutting farm operation ispermitted providing the following criteria are met:

the parcel to be conveyed is registered in the same Interest as the abutting parcel to which it is to be joined and theconsent decision shall stipulate that Subsection 3 of Section 50 of the Planning Act, R.S. O. 1990, as amended, shallapply to any subsequent conveyance of the severed parcel; the retained parcel should generally be no larger than what is required to meet the minimum, requirements to provideaccess and satisfy the servicing policies as outlined in Subsection 2.8 to the Plan. Exceptions may be consideredbased on individual site circumstances, the loss of any additional productive farmland will be avoided; andthe retained parcel complies with the applicable regulations of the zoning by -law.

The 8. 6 hectare woodlot located on the subject lands is within the Natural Heritage designation. The Natural Heritage policiesSection 3. 1) of the Plan permit passive open space, walking /biking trails, forest and resource management uses, conservation

uses, erosion and Flood control, low- Intensity public and private recreation uses, existing agricultural uses, necessary publicutilities and services, and accessory buildings and structures thereto.

2. Zoning By -Law

The subject lands are located within the Open Space Zone 1 ( OS1) of the Township of Yarmouth ZoningBy -Law 1998, as amended.

The regulations of the Open Space Zone 1 ( OS1) permit fans use, rural- residential use, institutional use, home occupationsand accessory uses.

The minimum lot area required for fans use is 25 acres and the minimum lot frontage required is 30.48m ( 100ft). A minimumlot area of 1. 21 hectares ( 3 acres) is permitted where the agricultural use provides the sole livelihood of the landowner. The minimum lot area required for rural residential use 1, 858m' ( 20, 000ft') and the minimum lot frontage required is 30.48m100ft).

3. County of Elgin Official Plan:

The subject lands are located within the Agricultural Area designation In accordance with Schedule •A" - Land Use, to theCounty of Elgin Official Plan.

In accordance with intent of the Official Plan to maintain and protect the agricultural resource of the County and direct themajority of new residential growth to settlement areas or existing vacant building lots, new lots may be permitted if the localOfficial Plan supports their creation and if: a) the lot is to be severed to create a new farts lot and both the retained and severed parcels each have a lot area of about

40 hectares as established in the local planning documents; or, b) the lot is to be created to accommodate a habitable residence that has become surplus to a farming operation as a result

of a farts consolidation provided that the development of a new residential use is prohibited on any retained parcel of fartsland created by consent to sever, unless the retained parcel is the product of the merging in title of two adjacentagricultural parcels in which case a dwelling unit would be permitted as part of the operation; or,

c) the lot is required for an agricultural- related use, as outlined in Section C2. 6 of the Plan, provided the new lot is limited toa minimum size needed to accommodate the use and appropdate sewage and water services.

Comments:

According to the application there is a silo on theuse.


Steve g ' Sr. Planning Technic' n

retained lands. Silos are considered accessory structures to a farm

Central Elgin Planning Office Report No.: CEP -65 -132-

Application for a Consent No. E84/13 - Karl Robert

of 134

adie

f

Me Corporation of the Municipality of

CentTal Elgin

REPORT

November 26'h,

2013 REPORT: CEP.66. 13CEPO FILE:

His Worship the Mayor and Council

BY: Jim McCoomb, Planner


SUBJECT: Mandatory Pre - consultation on Planning Applications — Implementing By -law

ATTACHMENTS:

COUNCIL: December 16th, 2013

THAT Report CEP.66.13 be received;

AND THAT Council direct staff to prepare a by -law for its consideration to require pre - consultation on planning applications in accordance with the requirements of the Planning Act.

BACKGROUND:

The Ontario Planning Act was amended by The Planning and Conservation Land Statute LawAmendment Act, 2006 (Bill 51). Bill 51 made numerous amendments aimed at creating amore transparent and accessible land use planning process; provide for earlierconsultation and participation in the process; provide municipalities with more planningtools and flexibility to address their needs; and, facilitate a more effective appeal process,

Among those amendments were new procedural changes mandated by Bill 51 that affects theprocessing, review and approval of development applications. Council has implemented someof the mandated changes through Subsection 5.4 of the new Official Plan, Including policies onnew powers that may be applied by Council during the development review process relating toearly consultation and complete applications,

To further support the implementation of the changes, staff are recommending that Councilconsider passing a by -law, in accordance with the Planning Act, that will require applicants topre - consult with the Municipality in advance of submitting applications for planning approvals.

Central Elgin Planning office

I-

Report No,: CEP -66 -13

Mandatory Pre-consultation on Planning Applications -

of 134

REPORT:

Section 22 of the Planning Act states, in part:

Consultation

3. 1) The council,

a) shall permit applicants to Consult with the municipality before submittingplans and drawings for approval under subsection (4); and

b) may, by by -law, require applicants to consult with the municipality asdescribed in clause (a)."

Above is the language In the Planning Act that allows a municipality, by By -law, to require anapplicant to pre - consult with the Municipality on an amendment to the Official Plan. Similarlanguage Is included in the Act with regard to Zoning By -law amendments ( S.34 (10.0. 1)), Plansof Subdivision (S. 51( 16. 1)), and Site Plan applications (S.41 ( 3. 1)).

The Municipality of Central Elgin has had a long- standing practice of pre - consultationwith development proponents. Currently, with only a few exceptions, proponents ofdevelopment applications voluntarily consult with the municipality before submitting anapplication. Bill 51 allows the Municipality to formalize the pre - consultation process andmake it mandatory through the passing of a By -law.

The goal of pre - consultation is to provide applicants with a clear understanding of theirobligations to the Municipality, while also providing applicants with an opportunity to discuss aproposal and obtain initial feedback from staff, before Investing time and money on a planningapplication. The pre - consultation meeting provides staff the opportunity, early in theprocess, to identifythe necessary planning approvals that will be required to allow the project toproceed; to address any process or timing questions; to identify any potential technicalissues /requirements that may impact the viability of theproject; to identify outside agencies thatmay have an interest in the application; and, to confirm the necessary supportingstudies/ information that will be required to support and application.

While it is staffs intent to provide complete responses through pre - consultation, new or varied

requirements may be identified after an application is submitted, just as the review of studiesand plans submitted in support of an application may warrant the need to request additionalinformation. Also, taking part in mandatory pre - consultation will not necessarily shorten theMunicipality's standard processing timelines, or guarantee that an application will beapproved. The pre - consultation process meeting Is intended to help educate and Inform aproponent about submission requirements as well as municipal processes, policies, key issues, and key contacts prior to the submission of a formal planning application.

Early identification and the submission of adequate information is important and will help toensure that a complete application is received and that relevant information is available tostaff in reviewing the application; for interested members of the public in assessing thepotential impacts of the development; and for Council when assessing the merits of thedevelopment proposal at the decision making stage. Staff and proponents who have voluntarilyparticipated In a pre- consultation meeting view the experience as a positive step to improvecustomer service and streamline the review and approval process.

Staff are proposing that pre- consultation be required by By -law for the followingPlanning Applications:




of 134

i

Application for a local Official Plan Amendment;

Application for Zoning By -law Change; Application for Site Plan Control.

The County of Elgin will be passing a similar by -law requiring pre - consultation for CountyOfficial Plan amendments and plans of subdivision applications, as these are applications for

which they are now the approval authority. Although not Included In the language of thePlanning Act, pre - consultation meetings are currently requested for all Committee ofAdjustment Applications for Minor variances, and staff recommends that they continue to berequired under an implementing By -law-

The policies that were placed in the Official Plan are not a prerequisite for the passage of a By- law to require proponents to pre - consult on development applications. However, policies in the

Official Plan supporting pre - consultation are an integral component of the policies for completeapplications and are beneficial as a guide to all proponents seeking a development approvalunder the Planning Act.

RECOMMENDATION

Staff recommend that Council authorize the preparation of a draft by -law for Council'sconsideration to implement the policies of 5.4.1 { b} of the Official Plan requiring pre - consultation on planning applications. Passing such a by -law will legitimize the currentdevelopment application review process practice in the Municipality and enable Council tomake better informed decisions in a timely fashion, as the additional information needed toassess planning applications is provided up -front and ensures that studies and supportingdocumentation relevant to the review of a specific applicapifi are provided j" timely fashion.

Respectfully submitted: Ap v f

Jim oomb I N. Inner CAO /Clerk

Centre( Elgin Planning Office3-

Report No.! CEP -66 -13


of 134


Central Elgin

REPORT

DATE: December 3'd,

2013 REPORT: CEP.67. 13CEPO FILE: PS2 -03 -13

His Worship the Mayor and Council

PREPARED BY: Jim McCoomb, Planner


Application to Amend Village of Port Stanley By -law 1507 — Ross & TammyBlack, 641 George Street

ATTACHMENTS:

COUNCIL: December 16th, 2013

RECOMMENDATION:

THAT Report CEP.67.13 be received;

AND THAT Council, pursuant to Section 34(10.4) of the Planning Act, R,S. O., 1990 asamended, directs the Clerk to notify the applicant (Ross & Tammy Black) that the informationand material required under Subsections 34(10. 1) and ( 10.2) of the Act has been provided andthe application is thereby considered complete;

AND THAT direction be given by Council to prepare a site - specific draft amendment to theZoning By -law to permit the existing dwelling to be converted into a maximum of fourapartments on lands located at 641 George Street, which may be legally described as Part Lot13, Range South Lake Road, geographic Township of Southwold, now Municipality of CentralElgin;

AND FURTHER THAT a date for a public meeting be established in accordance with OntarioRegulation 545106 as amended. (Recommended Date: January 20th, 2014 @ 7:20 p.m.)

ANALYSIS:

1) Location:

The subject lands, which are located on the north side of George Street, close to its westerlyterminus, have approximately 30.52 metres of frontage on George Street and are approximately1, 699,74m2 ( 0.42 acres) in lot area (see Location Plan). Municipally known as 641 GeorgeStreet, they may be legally described as being Part Lot 13, Range South Lake Road,


1' Application to Amend Village of Port Stanley By-

of 134

geographic Township of Southwold, now Municipality of Central Elgin, and may also bedescribed as Parts 3 & 4 on Reference Plan 11R -7556.

2) Proposal:

The applicant is the owner of the subject lands, which contain an existing single detacheddwelling. The dwelling, which is wheelchair accessible by design, was also constructed with anin -law suite and two caregiver suites, although these were not designed as stand -alone units, The applicant Is proposing interior modifications to the dwelling to formally establish fourseparate apartment units in accordance with Building Code requirements, to permit ongoing useof the dwelling as a four unit apartment. There are no alterations to the exterior of the existingdwelling required or proposed. The applicants have demonstrated that there is sufficient roomto accommodate parking requirements for the proposed four units.

3) Existing Policies:

a) Official Plan Policies: The subject lands are located within theResidential" designation in accordance

with Schedule "G'— Community of PortStanley Land Use Plan, to theMunicipality of Central Elgin OfficialPlan. The Residential Policies of the

Plan permit a variety of residentialdwelling types and would support theproposed conversion of the single

detached dwelling to a four unitapartment.

b) Zoning By -law No. 1998: The subject lands are located within theResidential Zone 1 ( R1 -37) of the

Village of Port Stanley Zoning By -lawNo. 1507, as amended. The R1 -37zone permits residential use to a

maximum density of 1 dwelling unit perlot, and establishes minimum lotfrontage of 30 metres and minimum front yard setback of 12 metres. A zoning by -lawamendment is required In order to permit the conversion of the existing single detached dwellingunit into four apartment units.

Location Plan:

c) County of Elgin Official Plan: The subject lands are located within the "Tier 1 Settlement Area" designation in accordance with

Schedule "A" - Land Use, to the County of Elgin Official Plan. Settlement Areas are the focus ofurban development in the County Plan and Tier 1 Settlement Areas are to be fully serviced withmunicipal sanitary sewers and piped water. The objectives of the Plan for Settlement Areassupport a variety of residential development types and densities while encouraging compatibilitywith existing uses.

Daenee.#fi dlv m hmiffar•

Central Elgin Planning Once

2-

CAO /Clerk


Application to Amend Village of Port Stanley By-

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Central Elgin

DATE: December 10th, 2013

TO: His Worship The Mayor & Council

PREPARED BY: Leon Bach, Chief Building Official andBy -Law Enforcement Officer

SUBJECT: November 2013 Monthly Building Report

TO COUNCIL: December 16th, 2013

THAT Council receive this report as information.

REPORT:

REPORT: CAD -58 -13

By -Law EnforcementThe By -Law Enforcement Statistics for the month of November 2013 are attached.

Animal Control

The Animal Control Statistics for the month of November 2013 are attached.

Building PermitsBuilding Permit Statistics for the month of November 2013 are attached.

Prepa

Chief Building Official andBy -Law Enforcement Officer

Chief Administrative Officer /Clerk

November 2013 Monthly Building Report

of 134

The Municipality of Central ElginBy -law Enforcement Statistics

Month of November 2013

PARKING TICKETS

Issued Warning(s) Courtesv Cancelled Invalid

0 0 0 1 0

O. P. P. Issued:

Issued Waming(s) Courtesv Cancelled Invalid

0 0 0 0 0

Dog By -Law 1139 — Tickets Issued:

Issued Waming(s) Courtesy Cancelled Invalid

0 0 0 0 0

LOT MAINTENANCE BY -LAW

Complaint(s) Waming(s) Enforcement/

Written Site Visits Verbal Written Resolved Fine(s)

0 4 2 2 0 0

Respectfully submitted,

Chief Building Official andBy -Law Enforcement Officer


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Municipal Animal Control Services

52 Dunkirk Drive,

St. Thomas, Ont.

Ai:I:E

Bill To:


450 Sunset Drive,

St. Thomas, Ont.

N5R 5V1

Invoice Details:

Monthly Retainer

Invoice: Month End

Number 14

Date: Oct.23 — Nov.20 /13

Called out to Talbot line ( O. P. P.)( Oct.23 /13- 2 dogs -1 deceased -owner was called to claim

both dogs)( 1. 5 hrs)

Pick up 1 dog on Borden Ave ( Nov. 1 /13 -Pound # 234)

Pick up 1 dog on St. George St. ( Nov.3 /13 Pound # 235)

Pick up 1 dog on Oakview Cres. ( Nov4 /13 Pound # 238)

Pick up 1 dog at Stone Church Rd. & Sunset Rd. ( Nov.7 /13 — dog was taken to vet -2 hrs)

Pick up 1 dog on South St. ( Nov. 11/ 13 — Pound # 243)

Pick up 1 dog on Sparta Line ( Nov16 /13 Pound # 247 )

1100. 00

60.00

40.00

40.00

40.00

80.00

40.00

40.00

Sub Total $ 1440.00

H.S.T $ 187.20

Total $ 1627.20


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NOVEMBER 2013 - MONTHLY BUILDING SUMMARY

Permit value for November 2013

Permit value for November 2012Decrease

Permit value for year to date (2013) Permit value for previous year (2012)

Decrease

Total permits for present year (2013) to date

Total permits for previous year (2012) to date

Increase

Total New Homes for present year (2013) to date

Total New Homes for previous year (2012) to date

Total Inspections conducted for November 2013

Total Inspections conducted for November 2012

396,025.00

1. 318.000.00

921, 975. 00

16,414,124.00

16, 554,028.00

139,904.00

276

225

51

50

39

90

121


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BUILDING PERMIT REPORTDate Range: 11/ 12013 1200: 00 AM to 11/ 3012013 1200:00 AM


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DATE: December11, 2o13

TO: His Worship Mayor Bill Walters and Council

450 Sunset Drive, l st F1wr,StThomas,0ntado N5RSV1 P: 519.631. 4860 F :519.631. 40

PREPARED BY: Donald N. Leitch, Chief Administrative Officer &

Clerk

SUBJECT: Draft Plan of Subdivision 34T- oloo2, Craigholme Estates

TO COUNCIL: December

REPORT: CAO. 59. i3

THAT Council pass a resolution recommending that the County of Elgin extend draft plan ofsubdivision approval 34T -01002 respecting the request by Craigholme Estates Ltd. for a one year timeperiod.

REPORT:

Craigholme Estates Ltd. was granted draft plan of subdivision approval, 34T- 01002, for a 38 lot

subdivision in the community of Belmont. ( See Schedule A attached). Craigholme Estates

subsequently appealed the draft plan of subdivision approval by the Ministry of Municipal Affairs & Housing to the Ontario Municipal Board. Craigholme withdrew its plan of subdivision appeal but theBoard hearing proceeded on a number of other matters. The Board gave Craigholme Estates untilApril 21, 2011 to satisfy the conditions of draft approval of the plan of subdivision or the subdivisionapproval would lapse ( See Schedule B attached). In support of the Board hearing, a developmentagreement was negotiated between the Municipality and the developer and presented to the Board. Council subsequently gave two readings to a by -law to authorize the execution of the developmentagreement on May 6, 2008. Third reading and passage of the by -law by Council was deferred until theagreement was executed by Craigholme Estates which has yet to occur and is the outstandingcondition of draft plan of subdivision approval. ( Schedule C) In 2011, Council supported a request byCraigholme Estates for a three year extension of plan of subdivision approval which was supported byCouncil and granted by the then approval authority, the Ministry of Municipal Affairs & Housing. TheCounty of Elgin is now the approval authority for plans of subdivision.

Barbara Rosser, planning consultant for Craigholme Estates, has written to the Municipality requestingan additional three year extension of the plan of subdivision approval until 2017 ( Schedule D). Ms

Rosser indicates that the developer is trying to sell the development but has not found an acceptablepurchaser. Staff would recommend that approval be extended for only one year. The developer hashad almost six years to commence the development or sell the property. With a one year extension,

2

Draft Plan of Subdivision 34T-01002, Craigholme

of 134

Craigholme can report to Council on a more frequent basis respecting the development or saleprospects. Finally, staff notes that development is occurring elsewhere in the community of Belmont. The neighbouring Robin Ridge Estates development is progressing with construction of the secondand third phases of its plan of subdivision plus awaiting draft approval of plan of condominium.

ChiefAdministrative Officer


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Schedule A

Location of Draft Plan of Subdivision


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of 134

Schedule B

Decision and Order of the Ontario Municipal Board, April 21, 2008


of 134

Al

ISSUE HATE: APR 2 3 2008

Municipality of Contra) ElginPER: TIME:_,-,_ April 21, 2008

Ontario PL050782Ontario Municipal Board DC990064

Commission des affaires municipales de I' Ontario DC040060

Cralgholme Estates Limited has appealed to the Ontario Municipal Board under subsection51( 43) of the Planning Act, R. S. O. 1990, c. R13, as amended, from conditions imposed by theMinister of Municipal Affairs and Housing with respect to proposed plan of subdivision on landscomposed of Blocks 169, 172, 173, 179 and 180, Plan 33M -292 in the Municipality of CentralElgin

Approval Authority File No. 34-T -01002O.M. B. Case No. PLO50782O. M. B. File No. S050043

Craigholme Estates and Joe Snyders Construction Ltd. have appealed to the Ontario MunicipalBoard under subsection 14 of the Development Charges Act, S. O. 1997 c. 27 against By -law152 of the Municipality of Central ElginO.M. B. Case No. DC990064O.M. B. File No. D990084

Craigholme Estates and Joe Snyders Construction Ltd. have appealed to the Ontario MunicipalBoard under subsection 14 of the Development Charges Act, S. O. 1997 c. 27 against By -law710 of the Municipality of Central ElginO.M. B Case No. DC040060O. M. B. File No. D040097

APPEARANCES:

Parties Counsel

Municipality of Central Elgin A. R. Patton

Craigholme Estates Limited B. R. CardJoe Synders Construction Ltd.

Ministry Of Municipal Affairs and Housing S. Lockwood

DECISION DELIVERED BY R. A. BECCAREA AND ORDER OF THEBOARD

The Board at the commencement of its hearing on February 26, 2008, wasadvised that these matters were settled.


of 134

2 - PL050782

DC990084

DC040060

The Appeal, pursuant to Section 51 ( 43) of the Planning Act, being Case No.

PL050782 is withdrawn. Counsel for the Appellant advised that his clients are seekingno change to the conditions already imposed by the Minister of Municipal Affairs and

Housing.

The Board further Orders that the Appellant be given three years from the date of

this Order to satisfy the conditions that will form part of the plan of subdivision as

provided for in Section 51 ( 32) of the Planning Act.

With respect to the Development Charges Act matters, the Appellants appealed

both the current and former DC bylaws enacted by the Municipality of Central Elgin.

Counsel for the Appellants asked that their appeal to By -law 152, being theformer DC by -law be withdrawn, which the Board so Ordered.

With respect to the appeal of Bylaw 710, which is the Municipality's current DCby -law, the Board, on the basis of the uncontradicted evidence of Barbara Rosser,

Orders that Table 4 of By -law 710 of the Municipality of Central Elgin be amended inaccordance with Attachment "l ".

The settlement will trigger a refund to the Appellants of amounts paid, which total

61, 199.75. The total growth share will be reduced to $ 6,464.00

The Board so Orders.

R. A. Beccarea"

R. A. BECCAREAMEMBER


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3-

ATTACHMENTI

TABLE 4 ( Draft1

Summary of trader! Development Charge CalculationPursuant to Actual Project Costs provided by the Municipality of Central Elgin;

and Pursuant to Agreement of Engineers to Settle at Median Value

M. liko" lityof CentralEI61n

C0i, heh. En0144Urref. d

Madianvolue

per Enginstos A90. norm

OaecrItalian

Totalcap04tCon Grovahstatus (5) TolatCaPnalcoat Grov41, shate( t) Total capitalCoat Growthshare i5) y, ofTotalSewage Tfowrow! t 6, 003, 1100- 5, 8141° SAM.I10ra 3, 940 6,003,1101- 4,877

a., Formmain 415.470 am 415,470 100 415,470 396

6ewnge pump sminn Feld° 0 Pow. 0 Paid- 0

Total Sewage

Couaction andTreatment

B, SBs, s90 s,MO 6, 418,580 4, 106 6,418, 880 5,273 81. 6

Elevnud Shoo, 1 31, 683, 130 980 31, 003,130 701 61, 003,130 BN

M0M 6troc1 26% 1 2911 6436, 061 109 643H, 966 Is?

Copeland 6t. 9,9] 2 10 19,932 10 519,932 10

Mow supQ20n 115 579,200 879300 90

Total WaferS88.22] and

Meatbfur1, 341 2, t 89, 223 896 2, 788,22] t,ii9 t7A

Wa3,703

N14M% 4

19 4; 700 19 43, nm 19

EAIar Sew1,001 30 41, 000 30 41, % 0 w

W Wokgmmn 450 M 15,450 23 15,450 M

Total6trdy 0, 150 72 100,150 72 100,150 T2 1. 1

TOTAL 7,499 7, 853 7, 640,498 5,074 T,690, 699 b, -0b9 Igo

PL050782DC990084DC040060


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Schedule C

By -law 1063 and Final Draft Development Agreement between Central Elgin andCraigholme Estates Ltd.


of 134


Central Elgin

BY -LAW 1063Being a By -law to Authorize the Mayor and the Clerk to Execute a DevelopmentAgreement with Cralgholme Estates Ltd. regarding Draft Plan ofSubdivision

34T -01002

WHEREAS the Developerand the Municipality haveagreed that the developmentofthe Lands, inaccordance with the Plan and this Agreement, which development, for purposes of developmentphasing, as evidenced by the Decision of the Ontario Municipal Board dated March 9, 2004, the

amended Decision of the Ontario Municipal Board dated July 22, 2005 and the Memorandum of OralDecision of the Ontario Municipal Board dated March 9, 2008, File No. 34 -T- 01002;

AND WHEREAS the execution of a Development Agreement Is a condition of said approval

NOW THEREFORE the Council ofThe Corporation of the Municipality of Central Elgin enacts as follows

1. The Mayor and theClerk are hereby authorized on behalf ofThe Corporation ofthe Municipalityof Central Elgin to enter into and execute under Its corporate seal a Development Agreement withCraigholme Estates Ltd. regarding Draft Plan of Subdivision 34T - 01002.

2. This By- law shall come into force and effect upon the final passing thereof.

READ a 5RST and a SECOND TIME this 26" day of May, 2008.

READ a THIRD TIME and FINALLY PASSkQ, 0j 26' day of May,

Donald N. Leitch, Clerk Sylvia Hofhuis, Mayor


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TABLE OF CONTENTS

SUBDIVISION AGREEMENT dated the day of 2008

BETWEEN:

CRAIGHOLME ESTATES LTD., a corporation incorporated under the laws of the Province of Ontario and

having its registered offices in the City of London in theCounty ofMiddlesex

hereinafter called the " Developer" and one of the Parties)

and

THE CORPORATION OF THE MUNICIPALITY OFCENTRAL ELGIN

hereinafter called the " Municipality" and one of the Parties)

page

SERVICESREQUIRED ....... ... ........................._........._...... .............._.........' °' -'.. ............................... 2CONSTRUCTION OF SERVICES ................ ............................ ........... ..................... .............................. 3DEFAULT..... _............. _._................................... ........................_....................................................... 4REPAIROF SERVICE__...._ ....................._........................................._._........._............._......._.......... 4MAINTENANCEOF SERVICES.._ ..................... ............___.._....................................._....................... 5GRADINGPLANS ......... ............ ....................... ............._.__.........._................._....................._.-...._. 5ROUGHGRADING........................................................ ............................... _...... 3TREEPLANTING ...................................................................................................................................... 5LOTGRADING PLANS ......_ ...............__......._.._....................__..............._...................._..................... 6LOTDEVELOPMENT PLANS ................................................................................................................. 6EXISTINGDRAINS .......... ....................._.........................................._............._.._......._._...._............ 7SEWAGESYSTEMS ................................................................................................................................. 7DAMAGETO SERVICES. ..................................................................................... 7

USEOF PUBLIC HIGHWAYS ................................................................................ 7LIENS.............................................................................................................. 7CONVEYANCES- EASEMENTS ............................................................................ 8FINANCIAL RESPONSIBILITIES TO MUNICIPALITY... .............. _......................... 8DEVELOPMENTCHARGES., ............. _ .... ............. ..................... ......................... 9TAXES._, ... 4. 4 ................ .......................... 9PAYMENT- INTEREST ..................................... _ ....................... _ ................ ........................................... 9SERVICING COSTS SUMMARY ...............................................................:............ 9LETTEROF CREDIT. ......... ................................................. ................................ 10REALIZING SECURITY_ ................................................................................... 10BUILDINGPERMITS... .............. - .................................................... IOCCUPANCYOF UNITS ............................................................._...........................................__....... 11VEHICLE CLEANING OBLIGATIONS ............ . .............................................. ........ I IINDEMNIFICATION AND INSURANCE................ ........ ... ... ........................................ I2STORMWATER MANAGEMENT .........................................................................

4.......................... 12SOILCERTIFICATE......- .. ......... .... .......... ........................... . ............................... ....... ........................ 12ELECTRICAL SERVICES - STREET LIGHTING ............. ... ...... ..... ........ .......... ...................................... 13POSTALSERVI CE ............................................................................................ 13ZONINGCERTIFICATION ....................................

4........................................................................... 13DEVELOPER'S EXPENSE ................................. ... .......... .......... ... .... ............ .... ..... 14STREETSIGNS ................................. ........................ _. ........... . ........ ..................................... .. ........ 4...... 14

OBLIGATIONS OF MUNICIPALITY ON ACCEPTANCE OF SERVICES ....... ._ .............. 14SURVEYCERTIFICATION ......... ___ .......................... . ..................... ..... ......... ... ..................................... 14CERTIFICATES OF ACCEPTANCE AND ASSUMPTION .... ....... ___ ......... .......... ._..._ ............. 13NOTIFICATION............................................................................................... 19DELEGATION BY MUNI CIPALITY... ................. .................. ......................... ............... 19

ASSIGNMENT OF OBLIGATIONS...... ........... ................... .................................. 19FINALAUTHORITY ................_............_.............__........-..__.__..._......_........_...................._......... 20SERVICING PERFORMED BY THE MUNICIPALIFY ....................................... ............................... 20PLANSAND SCEDULES... .................... ..........._.................................._............. 20SEVERAB I LITY................ . ............. ............ __ ..................... ............. ............. 20REGISTRATION OF SUBDIVISION AGREEMENT. ... ................. ......................... 4 ................. ........... 20SUCCESSOR OBLIGATIONS. .......... _ 4 ........... ....... 4 ........ ........ . 44 .... .......... ............................... 21TIMEOF ESSENCE ................................. ..... ... . ............................. ................................................... 21

TERMINATION OF AGREEMENT AND OBLIGATIONS... , - .. ... ............. ... 4 ...... .............. 21

HEADINGS.........................................................:............................................. 21


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TIES SUBDIVISION AGREEMENT made this day of , 2008

BETWEEN:

CRAIGHOLME ESTATES LTD., a corporation in-

corpomted under the laws of the Province of Ontario and

having its registered offices in the City of Londonin the County of Middlesex

hereinafter called the " Developer"

and one of the Parties)

and

THE CORPORATION OF THE MUNICIPALITY OF

CENTRALELGIN

hereinafter called the "Municipality" and one of the Parties)

WHEREAS the Developer is the registered and beneficial owner of the lands ( hereinafter

referred to as the " Lands') situate in the Municipality of Central Elgin in the County of Elgin, moreparticularly described in Schedule " A" attached to and forming part of this Subdivision Agreement;

AND WHEREAS the Developer and the Municipality have agreed that the development of theLands, in accordance with the Plan and this Subdivision Agreement, which development, for purposes

of development phasing, as evidenced by the Decision of the Ontario Municipal Board dated March 9, 2004, the amended Decision of the Ontario Municipal Board dated July 22, 2005 and the Memorandumof Oral Decision of the Ontario Municipal Board dated March 9, 2008, File No. 34- T- 01002;

AND WHEREAS the proposed Plan has been initialled by the Parties hereto, and aphotographic reduction thereof is attached as Schedule ' B" hereto and forms part of this Subdivision

Agreement;

AND WHEREAS the Developer has agreed with the Municipality to comply with itsrequirements with respect to the provision of services for the Lands proposed to be subdivided and

other matters as hereinafter set forth;

NOW THEREFORE THIS SUBDIVISION AGREEMENT WITNESSES that the Parties

hereto, in consideration of other good and valuable consideration and the sum of One ($ 1. 00) Dollar of

lawful money of Canada by each to the other paid ( the receipt and sufficiency ofwhich consideration ishereby acknowledged by each Party), covenant and agree each with the other as follows:

SECTION 1 - DEFINITIONS AND INTERPRETATION

The following words and expressions wherever used in this Subdivision Agreement shall havethe meaning ascribed hereto:

1. 1 ' Building Official" means the Chief Building Official appointed by the Municipality under theBuilding Code Ace;

1. 2 " Chief Administrative Officer" means the Chief Administrative Officer of the Municipality;

1. 3 ' Developer' means Cmigholme Estates Ltd.;

1. 4 ' Director ofPhysical Services" means the Director of Physical Services for the Municipality, orhis designate;

1. 5 ' Director of Planning" means the Director of Planning for the Municipality;

1. 6 " Municipality" means The Corporation ofthe Municipality of Central Elgin;

1. 7 ' Plan' means the plan of subdivision attached hereto as Schedule "B';


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1. 8 " section ", " subsection ", " paragraph" and " clause" means the specified section, subsection,

paragraph or clause in this Subdivision Agreement; and

1. 9 " Subdivision Agreement" means this Subdivision Agreement, including all schedules andamendments thereto.

SECTION 2 - DEVELOPER' S OBLIGATIONS

THE DEVELOPER COVENANTS AND AGREES with the Municipality as follows:

SERVICES REQUIRED

2. 1 that the following services constitute the services to be provided in, on, under; or adjacent to thestreets shown on the Plan, which services are detailed on Schedule " C" attached hereto and

forming part of this Subdivision Agreement;

A)

2. 1. 1 sanitary sewers and appurtenances,

2. 1. 2 private drain connections to sanitary sewers,

2. 1. 3 storm water management facilities

2. 1. 4 storm sewers and appurtenances,

2. 1. 5 private drain connections to storm sewers,

2. 1. 6 catch basins and leads,

23. 7 water mains and appurtenances,

2. 1. 8 water service connections,

2. 1. 9 fire hydrants,

2. 1. 10 gravelled road base,

2. 1. 11 electrical distribution system,

2. 1. 12 reconstruction of Snyders Avenue adjacent to the subdivision

B)

2. 1. 13 curbs and gutters on roads within subdivision and Snyders Avenue adjacent tosubdivision;

2. 1. 14 sidewalks on Snyders Avenue adjacent to subdivision;

2. 1. 15 base coat of asphalt paving of roads within subdivision and Snyders Avenue adjacent tosubdivision;

2. 1. 16 street lighting with underground wiring at the front of the lots,

C)

2. 1. 17 final coat of asphalt paving of roads within subdivision and Snyders Avenue adjacent tosubdivision;

2


of 134

D)

2.1. 18 concrete or asphalt driveway approaches from the curb to the property line,

2. 1. 19 tree planting on road allowance in front of each dwelling,

2. 1. 20 sodding in the boulevard areas between the curbs and the property lines,

2.2 that the streets within the Plan are local streets and shall be constructed in accordance with the

standards of the Municipality for local streets.

2. 3 that streets within the Plan shall be named as shown on the Plan.

CONSTRUCTION OF SERVICES

2.4 that the Developer will install or construct the services listed in clauses 2. 1. 1 to 2. 1. 20, inclusive, or cause the same to be installed or constructed in accordance with the Environmental

Area Plan ( Dillon, 1996) and the contract documents approved in writing by the Director ofPhysical Services, and as shown on Schedule " C" attached to and forming part of thisSubdivision Agreement. Such contract documents shall include any plans, specifications, tenderand contract and such other documents as may be approved by the Director of PhysicalServices. The contract documents shall be approved prior to commencement of construction or

installation of any services and not otherwise, and such construction and installation shall bemade under the supervision of the Developer's Consulting Engineer with inspections to be madeby the Director of Physical Services. Such Consulting Engineer shall be approved by theDirector of Physical Services and such Consulting Engineer shall file in writing with theDirector of Physical Services an acknowledgement with respect to the work being done undersuch Consulting Engineer' s supervision. Such acknowledgment shall be in a form approved bythe Director of Physical Services. The Parties further agree that, without limiting the generalityof the Developer' s obligations under this section 2.4:

2.4. 1 the Developer, shall prior to final approval of the plan of subdivision, carry out anarchaeological assessment of the subject property and mitigate, through preservation orresource removal and documentation, adverse impacts to any significant archaeologicalresources found. No grading or other soil disturbances, shall take place on the subjectproperty prior to the Ministry of Municipal Affairs and Housing and the Ministry ofCulture confirming that all archaeological resource concerns have met licensing andresource conservation requirements.

2.42. The contract documents for the Category A and B Services shall include a two (2) yearPerformance Bond to be provided by a company licensed to provide bonds in theProvince of Ontario in a form to be approved by the Municipality in an amount equal tothe contract price.

TIME OF CONSTRUCTION AND MUNICIPALITY' S WRITTEN AUTHORIZATION TOPROCEED

2. 5 that the Developer shall commence and complete the installation or construction of each of theservices listed in clauses 2. 1. 1 to 2. 1. 20, inclusive, within the following tunes:

2. 5. 1 the construction or installation of the services listed in the subelauses enumerated under

letter " A ", shall be commenced within six months from the date of registration of the

Final Plan of Subdivision and commenced only after the Municipality has issued itsFinal Approval of Plans and Authorization to Proceed and the construction orinstallation of the services shall be completed within nine months of such date providedthat the six months from registration of the Plan does not fall within November 1 toApril I of any year.


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2.5.2 the construction or installation of the services listed in the subclauses enumerated under

letter " S" inclusive, shall not be commenced until after the Municipality has issuedpursuant to paragraph 4.2, Section 4, the Interim Certificate ofAcceptance of the

Category "A" services and until the Director of Physical Services has issued to theDeveloper written authorization to commence the construction/ installation of theCategory " B" services. The Developer shall forthwith commence theconstructionlinstallation of the Category " B" services and complete same within two (2) months of the date of the aforesaid written notice, provided that the asphalt plants are

operating at that time.

2. 53 the constructioh or the installation of the service listed in the subclause enumerated

under letter ° C" inclusive shalt be commenced upon the issuance of eighty -five ( 85 %) percent of the building permits for the lands within the Plan, provided, however, thatsuch time is neither sooner than one ( 1) year, nor later than three ( 3) years from theissuance ofthe Interim Certificate of Acceptance of Category B Services.

2. 5. 4 the construction or installation of the services listed in the subclauses enumerated underletter " D" inclusive, shall not be commenced unfit written notice to such effect is givento the Developer by the Director of Physical Services. The construction or installationshall be completed within ninety (90) days of the giving of written notice. The Directorof Physical Services may give written notice to commence on a lot by lot basis.

DEFAULT

2.6 that if the Developer fails

2.6. 1 to commence or complete the installation or construction of any of the services listed inclauses 2. 1. 1 to 2. 1. 20, inclusive, within the times specified in subsection 2.5, or

2.6.2 to install or construct the same in accordance with the contract documents as approvedby the Director of Physical Services, or

2.6.3 after commencing the installation or conshaction of any such services, to proceedexpeditiously with the installation or construction of the same,

and any such default continues for twenty ( 20) days after notice thereof from the Director ofPhysical Services has been sent by registered letter addressed to the Developer as provided for insection 5, then the Municipality, in addition to any other remedy the Municipality may have, maytake such steps as it deems necessary to remedy the said default. In addition, where in theopinion of the Director of Physical Services, it is necessary or advisable to construct or install orcomplete the whole or any part of any of the other services, such service or services may beinstalled, constructed or completed in whole or in pan by the Municipality and the cost ofremedying any default or of constructing, installing or completing the whole or any pan of any ofthe other services, together with an engineering fee of five ( 5 %) percent of the cost as certifiedby the Director of Physical Services, shall be paid by the Developer to the Municipality.

REPAIR OF SERVICE

2.7 that, if at any time prior to the assumption by the Municipality of the services within the Planlisted in clauses 2. 1. 1 to 2. 1. 20, inclusive, any of the services do not function or functionproperly, the Director of Physical Services shall, subject to subsection 2. 9,give notice of suchmalfunction by registered letter addressed to the Developer as provided in Section 5 and, if suchmalfunction is not remedied within twenty ( 20) days of the mailing of such letter, then theMunicipality may make whatever repairs or replacements it deems necessary and the cost thereofshall be paid by the Developer to the Municipality.

2. 8 that, if at any time prior to the assumption by the Municipality of the services within the Planlisted in clauses 2. 1. 1 to 2. 1. 20, inclusive, any ofthe services do not function or do not functionproperly and in the opinion of the Director of Physical Services, repairs or replacements areimmediately necessary to prevent damage or hardship to persons or property, the Municipality


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may forthwith make whatever repairs or replacements it deems necessary and the cost thereofshall be paid by the Developer to the Municipality.

MAINTENANCE OF SERVICES

2. 9 that the Municipality may provide maintenance from time to time for any or all of the servicesconstructed or installed by the Developer until the final course of asphalt has been laid on allroads within the Plan and the war of such maintenance shall be paid to the Municipality by theDeveloper.

2. 10 that, where in the opinion of the Director ofPhysical Services snow plowing is required or wherein his opinion an emergency exists, the Municipality may, without notice to the Developer, provide snow plowing or whatever maintenance is in the Director of Physical Services' opinionnecessary to meet any such emergency with respect to any or all of the services constructed orinstalled by the Developer.

2. 11 that, where no emergency exists and maintenance is required and the cost is being paid by theDeveloper, before undertaking any maintenance work, apart from snow plowing, theMunicipality shall, by facsimile and telephone, call the Developer and advise the Developer orleave a message for the Developer of the maintenance work required to be done. If there is noanswer at such number or if the Developer fails to undertake the maintenance work within fony- eight (48) hours of the placing ofsuch call and facsimile, or having commenced the maintenancework fails to proceed expeditiously with the completion of such work, the Municipality mayproceed to do the same.

2. 12 that, for the purposes of subsections 2. 10 to 2.12, inclusive, " maintenance" includes grading, dust - laying or snow plowing of any road, removal of mud and/ or debris from internal or abuttingstreets, cleaning of sewers, flushing of water mains, any repairs required to any of the serviceswithin the Plan prior to assumption of the services and such other works as the Director ofPhysical Services may from time to time designate.

GRADING PLANS

2. 13 that the Developer has prepared and submitted to the Municipality the grading plan for the Plan, attached as Schedule " D" to and forming part of this Subdivision Agreement and warrants thatthe said grading plan has been prepared by the Developer's Consulting Engineer and that, if thegrades and elevations shown on such grading plan are established, the lots within the Plan will

be adequately drained within a reasonable time, all in accordance with good engineeringpractice.

ROUGHGRADING

2. 14 that, prior to commencing the construction or installation of any of the services listed in clauses2. 1. 1 to 2. 1. 20 inclusive, the Developer will rough grade all of the Lands within the Plan. Suchrough grading shall be in conformity, plus or minus 500 millimetres, with the elevations on suchgrading plan. Where in the opinion of the Director of Physical Services, it is advisable to permit

rough grading otherwise than in accordance with this subsection 2. 14, the Director of PhysicalServices may authorize in writing any variance, subject to such terms and conditions as theDirector of Physical Services may deem appropriate. Upon completion of the construction of thecurbs and gutters, all of the road allowances within the Plan shall be regraded to conform to the

grading plan. Upon completion of the rough grading, the Developer' s Engineer will provide aCertificate of Completion and the Director of Physical Services shall have ten ( 10) days to issue

a Certificate of Acceptance or issue a Deficiency List which must be corrected by the Developerwithin ten ( 10) days.

TREE PLANTING

2. 15 that the Developer agrees to plant trees, such trees to be of a species and a minimum size as

approved by the Director ofPhysical Services, and there shall be one ( 1) tree planted on the roadallowance in front ofeach dwelling.


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LOT GRADING PLANS

2. 16 that following construction of each dwelling within the Plan or by such earlier date as theDirector of Physical Services may in writing name, the Developer shall grade the lot on whichthe dwelling has been or is being constructed and those immediately adjacent thereto so as toestablish the grades and elevations shown on the grading plan. In addition, the lot shall be gradedso that the slope is uniform between adjacent elevations on the lot lines of such lot as shown on

the grading plan. In the event of any disputes as to the grade or elevation to be established andmaintained at any point within any lot where the grade or elevation is not shown on the gradingplan, the written decision of the Director of Physical Services as to the grade or elevation shall

be final and binding. Upon the elevations and grades being established in accordance with thisSubdivision Agreement, the Developer shall thereafter maintain the same for so long as theDeveloper is the registered owner ofthe lot. The Developer further agrees that it will;

2. 16.1. not less than 9 months from the date of the final building inspection of any lot within thePlan, provide an Interim Lot Grading Certificate to the Municipality, certified by anOntario Land Surveyor or a qualified engineer, certifying that the final lot grade is inaccordance with the Lot Grading Plan;

2. 16. 2 prior to the assumption of the subdivision by the Municipality, provide to theMunicipality a Final Lot Grading Certificate, certified by the Developer' s Engineer, certifying that the grading of each lot within the Plan is in accordance with the LotGrading Plan.

2. 17 that if, in the opinion of the Director of Physical Services, the Developer has at any time whenthe Developer is the registered owner of the lot within the Plan, or any pan thereof, failed toestablish or maintain any such grade or elevation as required by subsection 2. 17, theMunicipality may after giving such notice to the Developer as the Director of Physical Servicesin the circumstances deems appropriate, enter and re -enter from time to time upon such lot or

any part thereof, with equipment, machinery, sod and fill and do such work and remove anythingfrom the lot as in the Director of Physical Services opinion may be necessary to remedy suchdefault and the costs thereof shall be paid by the Developer to the Municipality.

2. 18 where the Developer has sold or transferred the lot within the Plan, or any part thereof, and in theopinion of the Director of Physical Services, any grade or elevation within the lot, or any partthereof, has not been established or has not been maintained as required by subsection 2. 17, theMunicipality, after giving such notice to the subsequent owner as the Director of PhysicalServices may in the circumstances deem appropriate, may enter and re -enter from time to timeupon such lot with such equipment, machinery, sod and fill as the Director of Physical Servicesmay determine to do such work and remove anything from the lot as in the opinion of theDirector of Physical Services may be necessary to remedy such default and the cost thereofshallbe paid by the subsequent owner to the Municipality and ifnot so paid, it shall constitute a lienon the lot and interest shall be payable on the amount thereof at the rate of 15 per cent per annum

commencing fifteen ( 15) days after the mailing of a statement to the subsequent owner at suchowner's last lmown address.

LOT DEVELOPMENT PLANS

2. 19 that the Developer will submit a lot development plan, prepared and certified by a qualifiedprofessional consultant, which consultant shall be approved by the Director of Physical Services, for each lot within the Plan, to the Director of Physical Services, or his designate, with everybuilding permit application. Each such development plan shall show details of the proposed lotelevations and grades, basement and top of foundation elevations, drainage and storm watermanagement components, all of which shall conform to the lot grading and drainage planattached as Schedule " D" to this Subdivision Agreement and the storm water management planapproved for the lands within the Plan. Such lot development plan shall also show details of the

location of all existing and proposed easements, all proposed buildings and structures, siteservices, driveways, existing trees and any other significant site features. Each lot developmentplan shall be approved by the qualified professional consultant who prepared and certified thesubdivision grading plan, attached as Schedule " D" to this Subdivision Agreement. Uponcompletion of the construction of all buildings and structures, site services, driveways and any


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other significant site features and completion of the fine grading, but prior to seeding or sodding, the Developer shall file with the Director of Physical Services, a certificate signed by theDeveloper's Consulting Engineer, certifying that the lot has been developed in accordance withthe lot development plan. All grading shall be within a 50 millimetre tolerance of that set out inThe provisions of the approved Development Plan.

2.20 that the Developer will require the purchaser of any lot within the Plan, as a condition ofpurchase and sale, to fulfil the requirements of subsection 2.20, subject to the Developer' s

continuing obligation to ensure the aforesaid requirement by the Purchasers and to comply withthe terms of this Agreement.

EXISTING DRAINS

2.21 that the Developer will maintain in operation all drains in use on the Lands within the Plan

drying the construction of all services and dwellings and repair same in a proper workmanlikemanner, provided always that the Developer shall have the right to relocate the said drains, in

accordance with plans and specifications approved in writing by the Director of PhysicalServices, prior to commencement of the work and not otherwise and that such relocation shall be

made under the supervision of the Developer's Consulting Engineer and periodic inspectionsshall be made by the Director of Physical Services.

SEWAGE SYSTEMS

2.22 that any sanitary sewage system installed or constructed within a building or buildings to beerected upon the Lands within the Plan shall be separate and distinct from any storm sewagesystem within such building or buildings and shall only be connected to the Municipality' ssanitary sewage system and that any storm sewage system installed or constructed within a

building or buildings to be erected upon the Lands shall be separate and distinct from anysanitary sewage system within such building or buildings and shall only be connected to theMunicipality' s storm sewage system.

DAMAGE TO SERVICES

2. 23 that the Developer will repair, at its expense in a good and workmanlike manner, to the

satisfaction of the Director of Physical Services and within such time as the Director of Physical

Services may provide, any damage to any of the services listed in clauses 2.1. 1 to 2. 1. 20inclusive, or to any otter municipal service resulting from the installation or construction of anyservices to the Lands within the Plan or from the construction of any building or structure on theLands within the Plan or from the performance of any other works on such Lands, or from theperformance of any works within the public highways abutting thereto.

USE OF PUBLIC HIGHWAYS

2.24 that the Developer will not do any work on, under or over or use any public highway abutting theLands in connection with the performance of this Subdivision Agreement, except with the

express written approval of the Director ofPhysical Services, and where any work is approved, itshall be commenced and completed within such time or times as are fixed by the Director ofPhysical Services and to the satisfaction of tlhe said Director of Physical Services. The Developer

further agrees to provide such barriers and signs and take other steps as may be required by theDirector ofPhysical Services to avoid injury or risk of injury to any person using such highway.

LIENS

2. 25 that the Developer will cause to be discharged any lien filed with the Municipality pursuant tothe Construction Lien Act, as amended, in respect to any of the works, undertaken by theDeveloper, within any public highway, pursuant to the provisions of this SubdivisionAgreement, and that the Developer will pay any legal costs, fees and disbursements incurred bythe Municipality in connection with any such lien. In the event the Developer fails to dischargeany such lien or fails to pay any such costs, fees and disbursements, the Municipality maydischarge such lien by paying into Court or otherwise, and may pay any such costs, fees anddisbursements and the Developer agrees that it will pay to the Municipality any amount oramounts so paid by it.


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CONVEYANCES— EASEMENTS

2. 26 that, upon the registration of the Plan, the Developer will convey to the Municipality or cause tobe conveyed:

i) any street depicted on the Plan to be dedicated as a public highway upon assumption bythe Municipality;

ii) Block 43 ( reserve Block);

iii) Blocks 44 and 45 ( sight triangles) to be dedicated as road allowance; iv) such other rights and easements as it may require for noise attenuation structures, water

mains, storm sewers and storm drainage and other utility purposes; andv) to Erie Thames Power Lines Inc., Bell Canada, Rogers Cable Service Limited, and

Natural Resource Gas Limited and such other parties as may be necessary sucheasements as each of them may require for electricity, telephone, television cable andnatural gas utility and other purposes.

Any such transfer pursuant to clause 226 shall be in fee simple and for nominal consideration

i. e. $ 1. 00) in a form satisfactory to the Municipality's solicitor and title to such lands shall begood and free from all liens and encumbrances.

a) that, immediately prior to registration of the Plan, the Municipal will convey to theDeveloper or cause to be conveyed:

i) Blocks 179 and I80 (one foot reserves)

Any such transfer shall be in fee simple and for nominal consideration ( i.e. $ 1. 00) in a formsatisfactory to the Municipality' s solicitor and title to such lands shall be free from all liens andencumbrances.

2.27 The Developer agrees that, forthwith after registration of any transfer pursuant to subelauses 2.26i), ( ii) and ( iii), and any grant of rights and easements pursuant to clauses 2.26 ( iv) and ( v), it

shall provide to the Transferee's solicitor a Certificate of Opinion of Title of the lands in respect

of which such transfer and rights and easements are granted, in a form satisfactory to theTransferee's solicitor, such Certificate of Opinion to be given by a solicitor authorized to practiselaw in the Province of Ontario.

2. 28 the Developer shall provide the Municipality with a mylar copy of the reference or survey plandesignating the lands in respect of which such transfers and grants of rights and easements aregiven.

2. 29 that the lands to be transferred and the lands over which rights and easements are to be given

pursuant to 2.26 above shall, on the registration of the Plan, be in a clean and tidy condition, graded as required by Section 2. 14 and, if necessary, stabilized against erosion in accordancewith dre engineer' s drawings attached hereto as Schedule " C ". After such lands or such rightsand easements are so transferred, fire Developer shall not use or permit the use of such lands for

the storing of topsoil or any excavated material or equipment except in accordance with the

engineer' s drawings attached hereto or with the written consent of the Municipality, and in theevent of default, the Municipality, after giving the Developer notice pursuant to Section 5, mayremove such soil, material or equipment and the cost thereof shall be paid by the Developer tothe Municipality or to Erie Thames Power Lines Inc., as the case may be.

FINANCIAL RESPONSIBILITIES TO MUNICIPALITY

2.30 The Developer agrees that it shall be responsible for and shall forthwith reimburse theMunicipality for all reasonable expenses for legal, engineering and administrative servicesincurred in connection with the negotiations, supervision and enforcement of this Agreement andthe development and construction of works contemplated hereunder, and on the execution of this

Agreement, the Developer shall pay whatever amount may then be owing to the Municipalityand shall forthwith pay all accounts received by it from time to time. The Municipality agrees toprovide evidence of such costs and expenses to the Developer when demanding payment. If anyaccount rendered is not forthwith paid, interest shall be payable at the rate of 15% per annum

commencing 15 days after the mailing of such account to the Developer.


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2.31 The Developer shall have the right to contest the reasonableness of the amount of any of theMunicipality' s expenses in respect of which the Developer is required to reimburse theMunicipality pursuant to this Agreement provided that such right must be exercised by writtennotice to the Municipality within six ( 6) months after the Developer has been advised of theamount of such expenses. Such notice to the Municipality shall be accompanied by sufficientfunds to pay the amount being contested or security therefore. A court of competent jurisdictionshall determine which party shall pay the costs associated with any such challenge

DEVELOPMENT CHARGES

2.32 that the Developer acknowledges the development charges payable in respect of each dwellingerected within the Plan is determined in accordance with the existing Development Charges By- Law, as amended, of the Municipality, which may be amended from time to time.

2. 33 that Development Charges in accordance with the existing Development Charges By -law, asamended, of the Municipality shall be paid upon the issuance of each building permit for landwithin the subdivision.

2. 34 that education development charges shall be paid upon the issuance of a building permit inrespect of each dwelling unit to be erected on the Lands within the Plan.

235 the Developer undertakes to inform the persons or companies who first purchase the subdividedland after the final approval of the plan of subdivision of all the approved development chargesrelated to the development pursuant to Section 59( 4) of the Development Charges Act, 1997 andEducation Development Charge pursuant to the Education Act, R.S. O. 1990, c. E.2.

TAXES

2.36 that the Developer will pay the Municipality all outstanding taxes and rates, including anypenalties thereon, concurrent with the execution of this Subdivision Agreement, and fwUter, theDeveloper will pay taxes and rates levied against the Lands of which it is the owner on or beforethe due date thereof,

PAYMENT — INTEREST

2. 37 that where by the provisions of this Subdivision Agreement any cost, fee, or amount is payableby the Developer to the Municipality, such cost, fee, or amount shall be paid at the time or timesstated, or, if a time is not stated, it shall be paid within fifteen ( 15) days of the mailing of astatement by prepaid first class mail addressed to the Developer as provided in Section 5 of this

Subdivision Agreement. If any such cost, fee or amount is not paid within the time provided bythis Subdivision Agreement, interest shall be payable at the rate of fifteen ( 1501.) percent per

annum from the due date or date of mailing, as the case may be, until payment. The Municipalitymay draw on any letter of credit provided by the Developer for the faithful performance of itsobligations and any amount paid on such draw shall be applied in payment of the cost, fee or

amount owing and any interest in respect thereto.

2.38 that, if any cost, fee, or amount is at any time unpaid, and the Municipality does not draw uponthe letter of credit, or any draw made is insufficient to pay the cost, fee, or amount owing, or thebalance thereof together with interest which may be payable, it may be recovered as a debt in anaction in any Court of competentjurisdiction together with all costs incurred therewith.

SERVICING COSTS SUMMARY

2.39 that the Developer will pay the entire cost of the construction and installation of the serviceslisted in clauses 2. 1. 1 to 2. 1. 20, inclusive.

2.40 that an estimate of the cost for each of the services to be provided within the Plan is attachedhereto as Schedule " E ", which estimate shall be based upon a Certificate from the Developer' sConsulting Engineer as to the Consulting Engineer' s estimate of the total cost of the servicesdescribed in paragraphs 2. 1. 1 to 2. 1. 20, inclusive but subject to the approval of the Director ofPhysical Services. The Certificate shall be on a form approved by the Director of Physical


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Services.

LETTER OF CREDIT

2. 41 that the Developer shall, deliver to the Municipality three separate irrevocable standbycommercial letters of credit from a financial institution approved by the Municipality, each in aform satisfactory to the Chief Administrative Officer, each providing for the faithfulperformance of all of the obligations of the Developer to the Municipality under this SubdivisionAgreement on the following dates:

2ALl $ 25, 000. on the date on which the Developer signs this Subdivision Agreement;

2. 41. 2 . an additional $ 25,000. on the date on which the Developer commences to rough grade

any of the lands within the Plan as provided for in Section 2. 14 of this SubdivisionAgreement.

2. 41. 3 the full and final balance of the total amount of the letters of credit on the date on which

the Municipality issues to the Developer its Final Approval of Plans and Authorization toProceed pursuant to Section 2.5. 1 of this Subdivision Agreement.

2. 42 that the total amount of the letters of credit to be provided pursuant to subparagraph 2.41 shall bethe sum of $1, 346,732 which shall be the total amount of the estimated cost of the Servicesdescribed in Paragraph 2 which estimated costs are referred to in subparagraph 2.40 and as more

particularly described in Schedule' T" attached, plus 15% of said amount.

2.43 If the contract price for the Services described in Section 2 of services is different than theestimates in Schedule " F" attached, the amount of the Letter ofCredit required in paragraph 2.41

shall be adjusted within 30 days of the entering into the contract for services by the Developer.

2.44 that, if the Developer is not in default under this Subdivision Agreement, the amount of anyletter of credit delivered to the Municipality shall be reduced from time to time to an amountwhich, in the opinion of the Chief Administrative Officer, is adequate to secure the faithful

performance of the remaining obligations of the Developer. No reduction shall be made until theDeveloper has first filed with the Chief Administrative Officer a progress certificate from the

Developers Consulting Engineer as to the reasonable cost of the services installed or constructedprior to the date of the certificate. In determining if a reduction is to be made, the ChiefAdministrative Officer shall have regard to the following:

2. 44. 1 any progress certificate filed and approved by the Director of Physical Services;

2.44.2 any reductions already made;

2. 44.3 any draws on the letter by the Municipality;

i) that notwithstanding subsections 2.42 and 2. 43, the amount of any letter of credit provided bythe Developer in respect of the costs of services, shall not be reduced es contemplated bysubsection 2.44. 1 through 2.44. 3, inclusive, to less than Fifty Thousand ($ 50,000. 00) Dollarsduring the Category A Services or Category B Services Maintenance Periods set out in clauses4. 3 and 4. 7 hereinafter;

ii) that notwithstanding subsections 2.42 and 2.43, the amount of any letter of credit providedby the Developer in respect of the cost of the services, shall not be reduced as contemplated bysubsection 2.44 to less than five (5 %) percent of the total cost as determined by the Director ofPhysical Services of all of such services, or $ 25, 000.00, whichever is greater, during anyWarranty Period as set out in clauses 4.4, 4. 8, 4. 11, and 4.14 hereinafter.

2.45 that when Council has passed the By -law assuming ownership of the Works, the ChiefAdministrative Officer shall deliver any outstanding letter( s) of credit to the Developer.

REALIZING SECURITY

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2. 46 In addition to any other remedy which the Municipality may have against the Developer forbreach of this agreement, after first giving twenty ( 20) days notice to the Developer, theMunicipality may, at any time and from time to time, realize upon and enforce any securityavailable to it and use the funds derived therefrom to pay the cost of doing any work or thing inrespect of which the Developer is in default, or to recover such costs if the Municipality hasdone such work or thing prior to realizing upon and enforcing the security.

2.47 Similarly, the Municipality may recover any money which it has paid and which the Developerought to have paid or any money which is otherwise due to the Municipality from the Developerunder the teens of this Subdivision Agreement. If the funds derived from the security exceed theamount due to the Municipality, the excess shall be refunded to the Developer upon finalacceptance and assumption of the Works; but, if there is a deficiency, the same shall be payableby the Developer forthwith upon demand.

BUILDING PERMITS

2.48 that the Developer will not apply for a building permit for erection of any building or structureon any part or parts of the Lands within the Plan until:

2.48. 1 the Plan has been registered;

2.48. 2 the Developer has obtained the approval of the Director of Physical Services to the plansand specifications referred to in subsection 2.4;

2.483 the contract documents referred to in subsection 2. 4 have been executed;

2.48. 4 the rough grading, as required by subsections 2. 14 and 2. 15, has been completed., and

148.5 the services listed wider letter " A" have been installed and are operational to thesatisfaction of the Director of Physical Services.

OCCUPANCY OF UNITS

2. 49 that the Developer will not occupy nor permit to be occupied any dwelling unit on any part of theLands within the Plan until:

2.49. 1 a building permit has been obtained and compliance has been made with the provisionsof the Building Code Act and the Building Code pursuant thereto;

2. 49.2 a sewer permit has been obtained and the sanitary sewer for the dwelling connected to themunicipal sewer and the storm sewer private drain connection for the dwelling has beenconnected to the municipal storm sewer, and

2.49.3 water services have been installed to the satisfaction of the Director ofPhysical Services.

VEHICLE CLEANING OBLIGATIONS

2, 50 that the Developer shall provide vehicle cleaning services for vehicles operating within andleaving the Lands within the Plan, so that debris and/ or mud from the Lands within the Plan willnot be deposited onto any street within or beyond the Plan. Where debris and/or mud from theLands within the Plan is deposited on any street within or beyond the Plan, the Developer shallpromptly remove such debris and/or mud to the satisfaction of the Director of Physical Servicesand, if in the opinion of the Director of Physical Services, the Developer has failed to do sopromptly or to do so to the satisfaction of the Director of Physical Services, the Municipalitymay undertake such removal, and the associated cost shall be paid by the Developer. In the eventof my dispute as to the origin of any debris and/ or mud on any street within or beyond the Plan, the decision of the Director of Physical Services shall be final and binding. At the request of theMunicipality, the Developer shall construct a properly drained and gravelled wash areas) withinthe Lands within the Plan in order to prevent the tracking ofdebris and /or mud onto the streets ofthe Municipality.


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INDEMINIFICATION AND INSURANCE

2. 51 that the Developer shall, until all of the services listed in clauses 2. 1. 1 to 2. 1. 20, inclusive, are

assumed, indemnify and save harmless the Municipality and Erie Thames Power Lines Inc., asthe case may be, and each and either of them, from all actions, causes of action, suits, claims ordemands whatsoever that may arise directly or indirectly from any act or omission by theDeveloper, its agents, servants or contractors in the performance of any matter or thing inconnection with this Subdivision Agreement. The Developer agrees to file with the Municipality

upon registration of the Plan, a certificate of insurance evidencing the issuance to the Developerof a comprehensive policy of public liability and property damage insurance providing forcoverage limits in respect of any one accident, of at least $ 1, 000, 000. 00 exclusive of interest andcosts, for this purpose. Such policy shall name the Municipality as an additional insuredthereunder, be in a form and content satisfactory to the Municipality, and be kept in goodstanding until all of such services me assumed.

STORM WATER MANAGEMENT

2. 52 The Developer agrees to the following provisions regarding the development, implementation, installation, dedication and maintenance of stormwater management facilities:

2. 52. 1 prepare by a qualified consultant, a detailed stormwater management plan/ report and lotgrading plan, having regard to water quality, water quantity and facility location, forreview and approval by the Director of Physical Services and the Kettle CreekConservation Authority. The storrawater management plan /report shall be prepared inaccordance with the Ministry of Environment Stormwater Management Planning andDesign Manual, 2003 and the plan/report shall implement the recommendations in the

Upper Dodd and Upper Kettle Creek Subwatershed Study (Aquafor Beech, 1995);

252.2 guarantee the implementation of the recommendations for the completion for lire works

identified within the final approved smrmwater management plan/ report identified in

section 2.52. 1 in a manner satisfactory to the Director of Physical Services;

2. 52.3 conduct regular inspections every two weeks and after each sizeable storm event of allsediment and erosion control recommendations in the approved stounwater management

plan/report and maintain an inspection log which shall state the name of the inspector, date of inspections and the rectification or replacement measures which were undertaken

to maintain the sediment and erosion control measures. The inspections shall continue

until the assumption of services by the Municipality or until site construction warrantscessation of the visits; and

2. 52.4 identify to the Director of Physical Services and the Kettle Creek Conservation Authoritythe site contacts responsible for the monitoring schedule to be implemented in section2. 52.3; and

2.52.5 agree that any environmental protection measures recommended in the stormwatermanagement plan/report that are not capable of being addressed wider the Ontario WaterResources Acl, be implemented through the subdivision agreement.

SOIL CERTIFICATE

2.53 that the Developer shall retain a soils consultant satisfactory to the Director of Physical Services, with proven experience in road and sewer construction works to check the construction

procedures, quality of material and workmanship used and to provide a written certificate thatthe design standards approved to the Director of Physical Services for the work required under

this Subdivision Agreement has been achieved. All testing shall be carried out to the satisfactionof the Director of Physical Services and shall include periodic inspections and as the Director of

Physical Services may otherwise require. The Developer agrees that, prior to commencing anyroad or sewer construction, the Developer will hold a meeting with representatives of itscontractor and its soils consultant and the Developer agrees to establish and have approved bythe Director of Physical Services, the means of compacting trench backfill material and roadbase material, taking into consideration existing soil conditions. The Developer is to have its

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soils consultant and its Consulting Engineer on the site when the installation of sewers is startedand when the road construction is commenced. The approved method or methods of compactingthe sewer trench backfill material and road base material shall be tested by the soils consultant toensure that the method or methods to be used, meets the road design criteria. Not more than one

hundred fifty ( 150 m) metres of sewer shall be laid unless approved otherwise by the Developer'sConsulting Engineer until the soils consultant has approved the compaction method or methods. The soils consultant shall supply in writing descriptions of the approved compaction method ormethods and their test results to the contractor, to the Consulting Engineer and to the Director ofPhysical Services within two ( 2) days after the initial testing. The written certificate is to besupplied to the Director of Physical Services prior to a request by the Developer for theassumption of any roads within the Plan and is to cover all the roads contained in the request forassumption. For the sake of clarification sewer construction work referred to in this paragraph

includes both sanitary sewers and also storm sewers both on the Lands within the Plan and fromthose Lands extending beyond the Plan to outlet.

ELECTRICAL SERVICES - STREET LIGHTING

2.54 that the Developer shall

254. 1 satisfy all of the requirements, financial and otherwise, of Erie Thames Powerlines Inc., concerning the installation of electrical servicing for the Lands within the Plan;

2.54.2 be responsible for the maintenance of the street lighting system during the maintenanceperiod and shall perform any remedial measures or repairs as may be required by theDirector ofPhysical Services.

2.55 that, with the prior approval of the Director of Physical Services, the Developer may use streetlighting standards and fixtures as part of the street lighting system that deviate from thoseconventionally used by the Municipality; and, in granting any such approval, the Director ofPhysical Services may impose such terms and conditions, including requirements to providereplacement components, as the Director ofPhysical Services may determine.

POSTAL SERVICE

2.56 that the Developer shall include in all offers of purchase and sale, a statement that advises the

prospective purchaser,

i) that the home/business mail delivery will be from a designated Centralized MailBox.

ii) that the developers /owners be responsible for officially notifying the purchasersof the exact Centralized Mail Box locations prior to the closing of any honesales.

2.57 that the Developer shall agree to

i) work with Canada Post to determine and provide temporary suitable CentralizedMail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision.

ii) Determine the location of all centralized mail receiving facilities in co- operationwith Canada Post and to indicate the location of the centralized mail facilities on

appropriate maps, information boards and plans. Maps are also to be prominentlydisplayed in the sales office( s) showing specific Centralized Mail Facilitylocations.

ZONING CERTIFICATION

2.58 that the Developer shall:

258. 1 obtain from the Director of Planning for the Central Elgin Planning Office writtenconfirmation that the final plan of subdivision conforms to the Municipality' s zoning bylaw; and

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2.58.2 pay the Municipality upon the execution of this Agreement the sum of $798.00 whichshall be accepted by the Municipality as its Planning Registration Fee for the Plan, including five (5) percent for G. S. T. ( 38 lots x $20 per lot = $760 + $ 38. 00 G-S. T. ).

DEVELOPERS EXPENSE

2. 59 that, where by this Subdivision Agreement the Developer is required or obligated in any way, itshall fulfil such requirement or obligation at its own expense.

2.60 ( a) all services, which in the opinion of the Municipality are necessary for the development ofthe Lands within the Plan, such services being hereinafter called the " necessary services ", shallbe in place before development begins. The " necessary services" are the recently constructedelevated water storage and upgrades to the sewage treatment facility, which are in place, and thereconstruction of Snyders Avenue as required by this Agreement. There are no other " necessaryservices "; and

b) notwithstanding (a), development may begin before all of the necessary services are in place

if the Municipality is satisfied that adequate arrangements have been made to ensure that thenecessary services shall be provided in a timely manner as development proceeds.

SECTION 3 - MUNICIPALITY'S OBLIGATIONS

THE MUNICIPALITY COVENANTS AND AGREFS with the Developer as follows:

FINAL CONSENT BY MUNICIPALITY

3. 1 that upon the execution of this Subdivision Agreement and completion of covenants required to

be fulfilled at the time of execution, to consent to approval of the final plan of subdivision.

STREET SIGNS

3.2 that the Municipality will install street name signs within the Plan as required by the Director ofPhysical Services at the Developer` s expense.

OBLIGATIONS OF MUNICIPALITY ON ACCEPTANCE OF SERVICES

3.3 that, where in this Subdivision Agreement any sum or sums are payable by the Municipality tothe Developer, such sum or sums shall be paid upon the issue of the certificates of acceptance bythe Director ofPhysical Services, in accordance with section 4, provided that, if any such sum orsums or part thereof relate to any service not within any street allowance, then such payment

shall be made by the Municipality forty -five (45) days from the date on which the last work isdone or material delivered in respect of such services.

SURVEY CERTIFICATION

3. 4 that the Municipality will accept a certificate from an Ontario Land Surveyor, or a qualifiedengineer, certifying:

14. 1 that he took elevations on the lot in the subdivision ( which lot is to be named) on a

particular date ( which date is to be named), and

3. 4. 2 that on such date the elevations and grades for such lot were in accordance with the

requirements ofthis Subdivision Agreement

as conclusive evidence that, m of such date, such elevations and grades complied with this

Subdivision Agreement.

3. 5 the Developer agrees to have a surveyor install geodetic monuments within the subdivision. The

number, type and location and any other requirements regarding the identification of themonuments on the final plan submitted for approval are to be approved by the Director ofPhysical Services prior to the final approval and registration. The Developer shall install a

minimum of UTM NAD 83 monuments to the satisfaction of the Director ofPhysical Services.

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SECTION 4 - CERTIFICATES OF ACCEPTANCE AND ASSUMPTION

THE DEVELOPER AND THE MUNICIPALITY COVENANT AND AGREE each with the other asfollows:

Acceptance - Category A Services

4. 1 Upon completion of the services mentioned in " A ", the Developer' s consulting engineer shallsubmit to the Municipality an Interim Certificate of Completion for Category A Services alongwith:

4. L 1 all quality assurance testing results, and to the extent that the Developer or theDeveloper' s engineer is not professionally qualified to provide such certification, dieDeveloper' s completion certificate shall be supported by an accompanying certificate ofthose qualified to do so;

4. 1. 2 a videotape or other production generated by a television inspection method orequivalent method, satisfactory to the Director of Physical Services, of the sanitary andstoma sewage systems;

4. 1. 3 a Statutory Declaration of a proper and duly authorized senior officer of the Developerdeclaring that all accounts that are payable in connection with the installation, construction, maintenance and repair of Category A services have been paid and thatthere are no outstanding claims relating thereto; and

4. 1. 4 three sets of goods quality drawings showing the Category A services as constructed, together with mylar reproductions of the drawings showing the Category A services asconstructed

4.2 Upon receipt of the Interim Certificate of Completion ofCategory A Services and thedocumentation set out in section 4. 1 by the Director of Physical Services, the Director ofPhysical Services shall

4.2. 1 Within 20 working days, confirm such completion certificate and issue an InterimCertificate of Acceptance of Category A Services, or

4.2. 2 Within 15 working days, issue to the Developer a statement of deficiencies in theconstruction, installation, maintenance or repair of the Category A services, whether ornot the Developer is then the owner of the lands in respect of which there is a deficiency, and upon the Developer rectifying all such deficiencies to the complete satisfaction ofthe Director ofPhysical Services within 60 days after the issuance of the statement ofdeficiencies, the Director of Physical Services shall issue an Interim Certificate of

Acceptance of Category A Services

and upon the issuance of the Interim Certificate ofAcceptance of Category A services, theCategory A Services Maintenance Period shall commence.

4.3 During the Category A Services Maintenance Period, the Developer shall provide for thefaithful maintenance and repair of the Category A services to the satisfaction of the Director ofPhysical Services.

4.4 The Director of Physical Services shall issue a Certificate ofAcceptance of Category A servicestwo (2) years from the date of issue of the Interim Certificate ofAcceptance of Category Aservices unless the Developer is in default in respect of such services or is otherwise in default

under this Agreement in which case the Certificate ofAcceptance of Category A Services shallbe issued when die default is made good by the Developer. Upon the Director of PhysicalServices issuing a Certificate ofAcceptance of Category A Services, the Warranty Period shallcommence and during such period the Developer shall provide for the faithful repair of theCategory A services to the satisfaction of the Director of Physical Services.

Acceptance - Category B Services

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4. 5 Upon completion of the services mentioned in "B ", the Developer' s consulting engineer shallsubmit to the Municipality an Interim Certificate of Completion for Category B Services alongwith:

4.5. 1 all quality assurance testing results, and to the extent that the Developer or theDeveloper' s engineer is not professionally qualified to provide such certification, theDeveloper' s completion certificate shall be supported by an accompanying certificate ofthose qualified to do so;

45.2 a Statutory Declaration of a proper and duly authorized senior officer of the Developerdeclaring that all accounts that are payable in connection with the installation, construction, maintenance and repair of Category B services have been paid and thatthere are no outstanding claims relating thereto; and

4.5. 3 three sets of goods quality drawings showing the Category B services as constructed, together with mylar reproductions of the drawings showing the Category A services asconstructed

4.6 Upon receipt of the Interim Certificate of Completion of Category B Services mid thedocumentation set out in section 4. 5 by the Director of Physical Services, the Director ofPhysical Services shall:

4.6. 1 Within 20 working days, confirm such completion certificate and issue an InterimCertificate of Acceptance of Category B Services, or

4.6. 2 Within 15 woddng days, issue to the Developer a statement of deficiencies in theconstruction, installation, maintenance or repair of the Category B services, whether ornot the Developer is then the owner of the lands in respect ofwhich there is a deficiency, and upon the Developer rectifying all such deficiencies to the complete satisfaction ofthe Director of Physical Services within 60 days after the issuance of the statement ofdeficiencies, the Director of Physical Services shall issue an Interim Certificate of

Acceptance of Category B Services

and upon the issuance of the Interim Certificate of Acceptance ofCategory B Services, theCategory B Services Maintenance Period shall commence.

4. 7 During the Category B Services Maintenance Period, the Developer shall provide for thefaithful maintenance and repair of the Category B services to the satisfaction of the Director ofPhysical Services.

4. 8 The Director of Physical Services shall issue a Certificate of Acceptance of Category B servicestwo (2) years from the date of issue of the Interim Certificate of Acceptance of Category BServices unless the Developer is in default in respect of such services or is otherwise in default

under this Agreement in which case the Certificate OfAcceptance of Category B services shallbe issued when the default is made good by the Developer. Upon the Director of PhysicalServices issuing a Certificate ofAcceptance of Category B Services, the warranty period shallcommence and during such period the Developer shall provide for the faithful repair of theCategory B services to the satisfaction of the Director of Physical Services.

Acceptance - Cateuory C Services

4. 9 Upon completion of the services mentioned in " C ", the Developer' s consulting engineer shallsubmit to the Municipality an Interim Certificate of Completion for Category C Services alongwith:

4. 9. 1 all quality assurance testing results, and to the extent that the Developer or theDeveloper' s engineer is not professionally qualified to provide such certification, theDeveloper' s completion certificate shall be supported by an accompanying certificate ofthose qualified to do so; and

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4.9.2 a Statutory Declaration of a proper and duly authorized senior officer of the Developerdeclaring that all accounts that are payable in connection with the installation, construction, maintenance and repair of Category C services have been paid and thatdnere are no outstanding claims relating thereto; and

4. 10 Upon receipt of the Certificate of Completion of Category C Services by the Director ofPhysical Services, the Director of Physical Services shall:

4. 10. 1 Within 20 working days, confirm such completion certificate and issue a Certificate ofAcceptance of Category C services, or

4. 10.2 Within 15 working days, issue to the Developer a statement ofdeficiencies in theconstruction, installation, maintenance or repair of the Category C services, whether ornot the Developer is then the owner ofthe lands in respect of which there is a deficiency, and upon the Developer rectifying all such deficiencies to the complete satisfaction ofthe Director of Physical Services within 60 days after the issuance of the statement ofdeficiencies, the Director of Physical Services shall issue a Certificate of Acceptance ofCategory C Services

and upon the issuance of the Certificate of Acceptance of Category C Services, the Category CServices Warranty Period shall commence.

4. 11 During the Category C Services Warranty Period, the Developer shall provide for the faithfulrepair of the Category C services to the satisfaction of the Director of Physical Services.

Acceptance - Category D

4. 12 Upon completion of the services mentioned in " D ", the Developer' s consulting engineer shallsubmit to the Municipality an Interim Certificate of Completion for Category D Services alongwith:

4. 12. 1 all quality assurance testing results, mid to the extent that the Developer or theDeveloper' s engineer is not professionally qualified to provide such certification, theDeveloper' s completion certificate shall be supported by an accompanying certificate ofthose qualified to do so;

4. 12 .2 a Statutory Declaration of a proper and duly authorized senior officer of the Developerdeclaring that all accounts that are payable in connection with the installation, construction; maintenance and repair of Category D services have been paid and thatthere are no outstanding claims relating thereto; and

4. 12. 3 three sets of goods quality drawings showing the Category D services as constructed, together with mylar reproductions of the drawings showing the Category D services asconstructed.

4. 13 Upon receipt of the Certificate of Completion of Category D Services by the Director ofPhysical Services, the Director of Physical Services shall:

4. 13. 1 Within 20 working days, confirm such completion certificate and issue a Certificate ofAcceptance of Category D services, or

4. 13. 2 Within 15 working days, issue to the Developer a statement ofdeficiencies in theconstruction, installation, maintenance or repair of the Category D services, whether ornot the Developer is then the owner of the lands in respect of which there is a deficiency, and upon the Developer rectifying all such deficiencies to the complete satisfaction ofthe Director of Physical Services within 60 days after the issuance of the statement ofdeficiencies, Ole Director of Physical Services shall issue a Certificate ofAcceptance ofCategory D Services

and upon the issuance of the Certificate of Acceptance of Category D Services, the Category DServices Warranty Period shall commence.

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4. 14 During the Category D Services Warranty Period, the Developer shall provide for the faithfulrepair of the Category D services to the satisfaction of the Director of Physical Services.

Assumption

4. 15 No earlier than two (2) years from the date of issuance of the Certificate ofAcceptance for

Category A Services and the date of issuance ofthe Certificate of Acceptance for Category HServices and no earlier than one ( 1) year from the date of issuance of the Certificate ofAcceptance of Category C Services and the date of issuance of the Certificate ofAcceptance ofCategory D Services, the Developer may submit to the Municipality a Final Certificate ofCompletion for Categories A, S, C and D Services certifying that all Works required by thisAgreement have been fully and completely installed, constructed, maintained and repaired, inaccordance with the approved plans, specifications, schedules and in accordance with this

Agreement, including certificates as to testing of the roads; along with:

4. 15. 1 all quality assurance testing results, and to the extent that the Developer or theDeveloper' s engineer is not professionally qualified to provide such certification, theDeveloper' s completion certificate shall be supported by an accompanying certificate ofthose qualified to do so;

4. 15. 2 a videotape or other production generated by a television inspection method orequivalent method, satisfactory to the Director of Physical Services, of the sanitary andstorm sewage system;

4. 15. 3 a Statutory Declaration of a proper and duly authorized senior officer of the Developerdeclaring that all accounts that are payable in connection with the installation, construction, maintenance and repair of Category A services have been paid and thatthere are no outstanding claims relating thereto; and

4. 15. 4 written confirmation from the Developer' s engineer that all acceptable arrangements havebeen made between Hell Canada, Natural Resource Gas Limited, Rogers Cable, Erie

Thames Power Lines Inc, and such other persons as the Municipality may havedesignated in paragraph 2. 27 and the Developer m to the completion of installation, at nocost to the Municipality, of all necessary telephone, fuel, cable television and otherutilities or service distribution systems;

4. 15. 5 written confirmation from the Kettle Creek Conservation Authority that all of itsrequirements have been satisfied by the Developer;

4. 15.6 a written statement of a registered Ontario Land Surveyor that such Ontario LandSurveyor has found or replaced all standard iron bars on the lands at a date not earlier

than 30 days before the submissions to the Municipality of the certificate of finalcompletion; and

4. 15.7 a Certificate from a duly qualified professional engineer as contemplated in paragraph2. 18 certifying that, on a date not earlier than 30 days before submission to the

Municipality of the certificate of final completion, such professional engineer took suchelevations on the Lands a; were necessary to determine whether the elevations and gradeswere in accordance with the General Grading Plan submitted to and approved inaccordance with this Subdivision Agreement and further certifying that the elevationsand grades were on that date in accordance with the General Grading Plan, within fifty50) millimetres, and that, on that date, the Lands had been graded so that the slope is

uniform between the adjacent elevations.

4. 16 Upon receipt of the Certificate of Final Completion and the documentation set out in section4. 15 by the Director ofPhysical Services, the Director of Physical Services shall:

4. 16. 1 Within 20 working days, confirm such completion certificate and issue a Certificate ofFinal Acceptance, or


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4. 16.2 Within 20 working days, issue to the Developer a statement of deficiencies in theconstruction, installation, maintenance or repair of the Works, whether or not the

Developer is then the owner of the lands in respect of which there is a deficiency, andupon the Developer rectifying all such deficiencies to the complete satisfaction of theDirector of Physical Services within 60 days after the issuance ofthe statement of

deficiencies, the Director of Physical Services shall issue a Certificate ofFinal

Acceptance.

whereupon the Municipality shall, within sixty (60) days or within such time as may be agreedupon between the Municipality and the Developer, enact a by -law assuming ownership of theWorks, thereby terminating the warranty period; and the Municipality shall release to theDeveloper such security given hereunder as, in the opinion of the Director of Physical Services, is no longer required, retaining such part thereof as is necessary, in the opinion of the Directorof Physical Services, to secure the installation, proper maintenance and repair of those parts of

all Works which have not been assumed by a by -law of the Municipality, and upon enactmentof the assumption by -law as aforesaid, all of the Works vest in the Municipality and theDeveloper shall have no right or claim thereto except as a user thereof.

4. 17 that, notwithstanding the above sections, any services may be accepted or assumed prior to thetimes mentioned above when the Chief Administrative Officer so directs.

SECTION 5 - NOTIFICATION

THE DEVELOPER AND THE MUNICIPALITY COVENANT AND AGREE each with the other

that, if any notice is required to be given to the Developer by the Municipality, or the ChiefAdministrative Officer, with respect to any matters relating to this Subdivision Agreement, such noticeshall be sent by prepaid registered mail or delivered to:

CRAIGHOLME ESTATES LTD.

RR

Belmont, Ontario NOL 1B0

or to such other address as is given in writing to the Municipality and the Chief Administrative Officermid that if any notice is required to be given to the Municipality by the Developer with respect to anymatters relating to this Subdivision Agreement, such notice shall be sent by prepaid registered mail ordelivered to:

Chief Administrative Officer & Clerk

THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN450 Sunset Drive, I' Floor

St. Thomas, Ontario N5R 5V1

Facsimile 519 -631 -4036

or to such other address as is given in writing to the Developer and any such notice mailed or deliveredas provided above shall be deemed good and sufficient notice under the terms of this SubdivisionAgreement.

SECTION 6 - DELEGATION BY MUNICIPALITY

THE DEVELOPER AND THE MUNICIPALITY COVENANT AND AGREE each with the other

that, where in this Subdivision Agreement provision is made for anything to be done by theMunicipality or the Chief Administrative Officer, it may also be done together with or by a person orpersons or corporation designated by the Municipality.

SECTION 7 - ASSIGNMENT OF OBLIGATIONS

THE DEVELOPER AND THE MUNICIPALITY COVENANT AND AGREE each with the other that

no right or obligation under this Subdivision Agreement shall be assigned by the Developer in whole orin part without the written consent of the Municipality but such consent shall not be unreasonablywithheld.

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SECTION 8 - FINAL AUTHORITY

THE DEVELOPER AND THE MUNICIPALITY COVENANT AND AGREE each with the other thatwhere there is any conflict between the servicing or other requirements of the Municipality and those ofany regulatory body, those of the regulatory body shall prevail unless the requirements of theMunicipality are more demanding, in which case the Municipality' s requirements shall prevail and inthe event of any dispute as to which are more demanding, the decision ofthe Municipality shall be finalas between the Developer and the Municipality.

SECTION 9 - SERVICING PERFORMED BY MUNICIPALITY


9. 1 that where the Municipality installs, constructs, repairs or maintains any of the services listed inclauses 2. 1. 1 to 2. 1. 20, inclusive, prior to their being assumed, such installation, construction, repair or maintenance shall be done as agent for the Developer and shall not constitute anacceptance or an assumption of the services by the Municipality, and that when the Municipalitypays any sum or sums to the Developer in accordance with subsection 3. 3, the payment of suchsum or sums shall not constitute acceptance or any assumption of the services by theMunicipality;

9.2 that, where in this Subdivision Agreement, the Municipality is authorized to do any act, whetheror not there is any default on the part of the Developer, the Developer shall not in any wayinterfere with any act done by the Municipality, the Developer shall not permit its agents, servants, officers and contractors to interfere in any way and, on notice from the ChiefAdministrative Officer, the Developer shall terminate any work which it may be doing or causeits agents, servants, officers and contractors to terminate any work which they may be doingwhich interferes with anything authorized to be done by the Municipality.

SECTION 10 - PLANS AND SCHEDULES


10. 1 that the plans and schedules attached hereto and marked as Schedules " B ", " C" and " D" arephotographically reduced, initialled copies of the plans and schedules initialled by the Parties onthe execution of this Subdivision Agreement and that such initialled plans and schedules frompart of this Subdivision Agreement;

10.2 that, in the event any part or pmts of the plans or schedules are illegible or conflict with theinitialled plan or schedule from which it was made, the initialled plan or schedule shall prevail.

SECTION 11 - SEVERABILITY

THE DEVELOPER AND THE MUNICIPALITY COVENANT AND AGREE each with the other thatif any provision of this Subdivision Agreement or the application thereof to any circumstances shall beheld to be invalid, illegal or unenforceable, then such invalidity, illegality or unenfrrecability shallattach only to such provision and shall not affect any or all other provisions of this SubdivisionAgreement, and that the remaining provisions of this Subdivision Agreement or the application thereofto other circumstances shall not be affected thereby and shall be valid and enforceable to the fullestextent permitted by law.

SECTION 12 - REGISTRATION OF SUBDIVISION AGREEMENT

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THE DEVELOPER AND THE MUNICIPALITY COVENANT AND AGREE each with the other thatthis Subdivision Agreement shall be registered against the Lands described in Schedule " A" attached

hereto and forming part of this Subdivision Agreement in the Registry Office for the Land TitlesDivision of Elgin (No. 1 1), 4 Wellington Street, St. Thomas, Ontario,

SECTION 13 - SUCCESSOR OBLIGATIONS


13. 1 that where any part of the Lands within the Plan are owned by an owner subsequent to theDeveloper, the provisions of subsections 2. 15 ( trees), 2. 16, 2. 17, and 2. 18, ( lot grading), 2. 19lot development), 2.21 ( existing drains), 2. 22 ( sewage systems), 2.23 ( damage to services),

2.24 ( use of public highways), 2.26 ( easements, reserves etc.), 2.47 ( building permits), 2.48occupancy of units), 2.49 ( vehicle cleaning obligations) shall be enforceable by the

Municipality against any such subsequent owner of such lands and if enforced, may be enforcedagainst the subsequent owner or against the Developer, or both;

13. 2 that, apart from the provisions of subsections 2. 15 ( trees), 2. 16, 2. 17, 2. 18 ( lot grading), 2. 19lot development), 2.21 ( existing drains), 2. 22 ( sewage systems), 2.23 ( damage to services),

2.24 ( use of public highways), 226 ( easements, reserves etc.), 2. 47 ( building permits), 2.48occupancy of units), 2. 49 ( vehicle cleaning obligations) none of the provisions of this

Subdivision Agreement constitutes a lien:or encumbrance an any of the Lands within the Plan;

SECTION 14 - TIME OF ESSENCE

THE DEVELOPER AND THE MUNICIPALITY COVENANT AND AGREE each with the other thattime shall be of the essence in this Subdivision Agreement.

SECTION 15 - TERIV11NATION OF AGREEMENT AND OBLIGATIONS

THE DEVELOPER AND THE MUNICIPALITY COVENANT AND AGREE each with the other thatthis Subdivision Agreement and the respective obligations of the Developer and the Municipality shallterminate in the event that:

15. 1 the draft plan of subdivision herein referred to is not fully approved by the Ministry ofMunicipal Affairs and Housing for registration within fifteen ( 15) months of theexecution of this Subdivision Agreement, or

15.2 the final approved plan herein referred to as the Plan is not registered within six (6)

months of the date of final approval by the Ministry ofMunicipal Affairs & Housing.

SECTION 16 — HEADINGS

THE DEVELOPER AND THE MUNICIPALITY COVENANT AND AGREE each with the other thatthe headings to the sections of this Subdivision Agreement are for convenience only and are not to beconsidered a part of this Subdivision Agreement and do not in any way limit or amplify the terms andconditions of this Subdivision Agreement

SECTION 17 - SUCCESSORS

IT 1S DECLARED AND AGREED that this Subdivision Agreement and the covenants, provisos,

conditions and schedules herein contained shall entire to the benefit of and be binding upon therespective successors or assigns of each of the parties hereto.


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IN WITNESS WHEREOF the parties hereto have executed this Subdivision Agreement and affixed

their respective Corporate Seals attested thereto by the hands of their respective signing officers dulyauthorized in that behalf.

Executed this day of ' 2008

CRAIGHOLME ESTATES LIMITED

Per:

JOE SNYDERS - President

I have authority to bind the Corporation.

Executed this day of , 2008

THE CORPORATION OF THE

MUNICIPALITY OF CENTRAL ELGIN

Per:

SYLVIA HOFHUIS - Mayor

Per:

DONALD N. LEITCH - Chief Administrative Officer & Clerk

We have authority to bind the CorpomGon.

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SUMMARY OF SCHEDULES

SCHEDULE "A" - LEGAL DESCRIPTION

SCHEDULE " B" - PLAN

SCHEDULE " C" - ENGINEERING PLANS

SCHEDULE "D" - GRADING PLANS

SCHEDULE "E" - COST OF SERVICES BREAKDOWN

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SCHEDULE "A"

m

SUBDIVISION AGREEMENT dated the day of , 2008

BETWEEN:

CRAIGHOLME ESTATES LTD -, a corporation incorporated under the laws of the Province of Ontario and




and

THE CORPORATION OF THE MUNICIPALITY OFCENTRALELGIN

hereinafter called the " Municipality" and one of the parties)

LEGAL DESCRIPTION

The lands subject to this Agreement are described as Blocks 172, 173, 179 and 180, Plan 33M -292, Former Village of Belmont, Municipality of Central Elgin, County of Elgin.

24


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SCHEDULE " B"

m


BETWEEN:

CRAIGHOLME ESTATES LTD., a corporation

incorporated under the laws of the Province of Ontario and

having its registered offices in the City of London in theCounty of Middlesex

hereinafter called the ' Developer"


and


SEE ATTACHED


PLAN

25


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SCHEDULE "C"

to


BETWEEN:





and

THE CORPORATION OF THE MUNICIPALITY OF

CENTRAL ELGIN

SEE ATTACHED


ENGINEERING PLANS

26


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SCHEDULED"

m


BETWEEN:



having its registered offices in the City of London in theCounty of Middlesex


and


SEE ATTACHED


GRADING PLANS

27


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SCHEDULE "E"

Ir


BETWEEN:

CRAiGHOLME ESTATES LTD., a corporation


having its registered offices in the City of Landon in theCounty of Middlesex



and



COSTS OF SERVICES BREAKDOWN

Subdivision

Area Grading/Topsoil Stripping 10, 000Storm Sewers and Appurtenances 220, 900

Sanitary Sewers and Appurtenances 152, 700

Watermains and Services 185,400

Roadworks ( Granulars to Base Asphalt) 1261000Curbs and Gutters 33, 200Sidewalks/ Walkways 14,400

Topsoil Stockpile Removal 5,000Surface Asphalt 33, 250GST 39, 043

Engineering 64,660

884,553Miscellaneous

Sediment and Erosion Control 1, 000

Street Lighting 70, 700

Electrical Servicing 78, 800

Blvd Tree Planting 10000

160, 500External Works

Road Works 47, 975Storm Sewers 9, 800Watermains 53, 600GST 5, 564

Engineering 9. 179

126. 018

TOTAL 51, 171, 071

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SUMMARY OF SCHEDULES

SCHEDULE "A" - LEGAL DESCRIPTION

SCHEDULE "B" - PLAN

SCHEDULE " C', - ENGINEERING PLANS

SCHEDULE "D" - GRADING PLANS

SCHEDULE "E" - COST OF SERVICES BREAKDOWN

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SCHEDULE "A"

to


BETWEEN:

CRAIGHOLME ESTATES LTD., a corporation incorporated under the laws of the Province of Ontario andhaving its registered offices in the City of London in theCounty of Middlesex

hereinafter called the " Developer" and one ofthe Parties)

and


hereinafter called the "Municipality" and one of the parties)

LEGAL DESCRIPTION

The lands subject to this Agreement are described as Blocks 172, 173, 179 and 180, Plan 33M -292, Former Village of Belmont, Municipality of Central Elgin, County of Elgin.

24


of 134

SCHEDULE " B"

to


BETWEEN:


incorporated under the laws of the Province of Ontario andhaving its registered offices in the City of London in theCounty ofMiddlesex

hereinafter called the "Developer" and one of the Parties)

and


SEE ATTACHED


PLAN

25


of 134

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SUBDIVISION AGREEMENT dated the day of . 2008

BETWEEN:


incorporated under the laws of the Province of Ontario andhaving its registered offices in the City of London in theCounty ofMiddlesex

hereinafter called the 'Developer" and one ofthe Parties)

and


SEE ATTACHED


ENGINEERING PLANS

26


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SCHEDULE "D"

to

SUBDIVISION AGREEMENT dated the day of 2008

BETWEEN:


incorporated under the laws of the Province of Ontario andhaving its registered offices in the City of London in theCounty of Middlesex


and


SEE ATTACHED


GRADING PLANS

27


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SCHEDULE "Ell

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BETWEEN:


incorporated under the laws of the Province of Ontario andhaving its registered offices in the City of London in theCounty of Middlesex

hereinafter called the " Developer" and one of tite Parties)

and



COSTS OF SERVICES BREAKDOWN

Subdivision

Area Grading/ Topsoil Stripping 10, 000Stone Sewers and Appurtenances 220,900Sanitary Sewers and Appurtenances 152, 700Watermains and Services 185, 400Roadworks ( Granulars to Base Asphalt) 126, 000Curbs and Gutters

33, 200Sidewalks /Walkways

14, 400Topsoil Stockpile Removal 5, 000Surface Asphalt

33,250GST

39,043Engineering 6_ X660

Miscellaneous884,553

Sediment and Erosion Control 1, 000Street Lighting 70, 700Electrical Servicing 78, 800Blvd Tree Planting 100_00

External Works160, 500

Road Works47, 875

Storm Sewers9,800

Wate ardus53,600

GST5, 564

Engineering 9, 179

126, 018

TOTAL1, 171, 071

28


of 134

Schedule D

Correspondence from Barbara G. Rosser, October 25, 2013


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Barbara G. Rosser, MCIP, RPP

Planning Consultant

4688 Elginfeld Road, Box 96, Alias Craig, Ontario NOMW Telephone: 519- 293. 3210 Facsimile: 519- 293 -3945Email: brosser0lexeculink.com

25 October 2013

Mr. Donald Leitch,

Chief Administrative Officer and Clerk,

Municipality of Central Elgin, 450 Sunset Drive,

St. Thomas, ON N5R 5V1

Dear Mr. Leitch,

Subject: Draft Plan Approval Extension Request (Craigholme Estates, phase iv) M. M. A. H. File No. 34 -T -01002

OMB File No. S050043, Decision PL050782

Blocks 172, 173, 179 & 180, Plan 33M- 292Municipality of CentralElgin, formerly Village of Belmont, County of ElginLapsing Date: April 11, 2014

This letter is on behalf of my client Craigholme Estates with regard to its requestto the OMB for extension of draft plan approval for the above -noted file. I have been

advised by Kimberly Livingstone, case manager at the OMB that letters of concurrenceare required from the Ministry of Municipal Affairs and the Municipality of Central Elgin, both of which were parties at the hearing. Accordingly, I am requesting that theMunicipality provide a letter of concurrence.

Since the issuance of draft plan approval by the Board, my client has resolvedengineering issues related to the anticipated development of these lands with theMunicipality of Central Elgin. My client has fulfilled the servicing requirements of draftplan approval to demonstrate that the land can be serviced in accordance with the

requirements of the Municipality. Engineering work to date represents a substantialinvestment in the future development of these lands. The phase iv lands are currentlyoffered for sale and represent a logical extension of the lands already developed byCraigholme Estates in Belmont.

An extension of three years is requested. Economic uncertainty in southwesternOntario is taking longer than anticipated to resolve and the market has not beenfavourable for the sale of these lands.

Please do not hesitate to contact me if you have questions or wish to discuss. Iwould appreciate notice of Council' s consideration of this request.


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Yours truly,

e

Barbara G. Rosser, MCIP, RPP

Cc: Ministry of Municipal AffairsDon Leahy, Craigholme EstatesJoe Snyders, Craigholme Estates


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Central Elgin

DATE: December 11'h,

2013 REPORT: CAO 60- 13


PREPARED BY: Dianne Wilson, Deputy Clerk

SUBJECT: Accessible Procurement

TO COUNCIL: December 160i, 2013

RECOMMENDATION:

THAT: Report CAO 60 -13, " Accessible Procurement" prepared by Dianne Wilson, Deputy Clerkbe received as information.; AND THAT the attached " Guide to Accessible Requirements" be

utilized by staff to ensure accessibility criteria are considered when making purchases underthe municipal procurement by -law.

REPORT:

The Integrated Accessibility Regulation ( Ontario Regulation 191/ 11), mandated by the Provinceof Ontario requires that municipalities " incorporate accessibility criteria and features whenprocuring or acquiring goods, services or facilities" starting January 1, 2013.

DISCUSSION:

The Municipality of Central Elgin has already committed to accessible procurement through theadoption of the Central Elgin Accessibility Policy ( adopted December 10°i, 2012).

Staff would note that the attached guideline has been developed in consultation with Jennifer

Cowan, Accessibility Co- ordinator, County of Elgin and circulated to municipal staff for theirreview and comment. These guidelines are to assist staff when making purchases and staffshould regularly consult the resources listed in the guide to determine accessibility. Staffshould document their procedure to ensure their purchases incorporate accessibility criteria. Ifit is deemed " not practicable" to incorporate accessibility criteria Into a purchase, staff mustdocument the reason. The Municipality is required to provide an explanation to a member ofthe public, if requested. The guideline includes questions to consider before purchasing, aswell as specific documents to consult and general information. If necessary, the AccessibilityCoordinator will be available to assist staff to ensure accessibility features are incorporated intothe purchasing process.

Accessible Procurement of 134

CONCLUSION:

The Integrated Accessibility Regulation requires that when making purchases, municipalitiesensure accessibility criteria has been considered. Staff should document how they haveincorporated accessibility criteria into their purchases

RECOMMENDATION:

Staff would respectfully request that the attached guideline be utilized by staff to ensureaccessibility criteria are considered when making purchases under the municipal procurementby -law being By -law 737. Staff would note that By -law 737 has been amended to reflect theaccessibility requirements and has been placed on Council' s agenda for their consideration.

Respectfully submitted by: for

r rh-,.

F, 11151TIA W-1 -•


Guide to Accessibility Requirements


for purchasing goods, services and facilities for The Municipality of Central Elgin

Integrated Accessibility Standards Regulation — Ontario Regulation 191/ 11 madeunder the Accessibility for Ontarians with Disabilities Act, 2005(AODA)



One in seven people in Ontario have a disability. Over the next 20years, that number will rise as the population ages ".

Source: Ministry of Community and Social Services, Making Ontario Accessible

What is my responsibility as an employee of the Municipality?

Your responsibility as an employee of the Municipality of Central Elgin is to incorporateaccessibility criteria and features when purchasing goods, services or facilities and whendesigning, procuring or acquiring self - service kiosks. This is in accordance with section 5 and 6of the Integrated Accessibility Standards Regulation (Ontario Regulation 191/ 11).

Goods, services or facilities that are not accessible, may deny people theopportunity to become employees, service users or engaged citizens!

Whether purchasing computers, office equipment, self- service kiosks,

renovating a building, purchasing a facility, etc.... accessibility criteria must beconsidered.

70% of disabilities are non - visible"

Source: Ministry of Community and Social Services, Making Ontario Accessible

2



What are disabilities and barriers?

Sometimes when people think of disabilities, they usually think about someone who is using awheelchair; however, there are many other disabilities and barriers to participation that areboth visible and non - visible.

Accessibility for Ontarians with Disabilities Act definitions:

Disability:

1. Any degree of physical disability, infirmity, malformation or disfigurement that is causedby bodily injury, birth defect or illness and, without limiting the generality of theforegoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co- ordination, blindness or visual impediment, deafness or

hearing impediment, muteness or speech impediment, or physical reliance on a guidedog or other animal or on a wheelchair or other remedial appliance or device,

2. A condition of mental impairment or a developmental disability, 3. A learning disability, or a dysfunction in one or more of the processes involved in

understanding or using symbols or spoken language, 4. A mental disorder, or

5. An injury or disability for which benefits were claimed or received under the insuranceplan established under the Workplace Safety and Insurance Act, 1997.

Barrier:

Anything that prevents a person with a disability from fully participating in all aspects of societybecause of his or her disability, including a physical barrier, an architectural barrier, aninformation or communications barrier, an attitudinal barrier, a technological barrier, a policyor practice, ( "obstacle ")

Accessibility:

A general term used to describe the degree of ease that something (e.g. device, service

environmental) can be used and enjoyed by person with a disability. The term implies

conscious planning, design and /or effort to ensure it is barrier -free to persons with a disability, and by extension, highly usable and practical for the general population as well.



Before you purchase ... ask yourself:

Cana person with a disability use this good, service or facility/ What are the barriers?

Can someone with a disability use the facility you are planning to acquire, as easily as aperson without a disability?

Will the good, service or facility adapt to the needs of an individual with a disability/ Will the good, service or facility be used by members of the public or by employees? What are the appropriate accessibility criteria and how can they be incorporated intothe procurement process?

Does the product meet ergonomic standards and can it be customized to meet a variety

of needs?

Are your brochures, handouts and information accessible for people with visual

impairments or learning disability?

Some criteria to consider when purchasing services:

Has the service provider provided their staff with accessible customer service training,

as required under the Accessible Customer Service Standard?

Can the service provider accommodate the needs of people of all abilities?

Will the company use accessible signage, audio and /or print materials?

Does the company have an accessible website? Can the service provider accommodate the needs of people of all abilities?

Some criteria to consider when purchasing facilities:

Can someone using a mobility aid, like a wheelchair or walker get around the facility? Are signs placed at an accessible height?

Is a ramp provided to the main entrance? Or is there only stairs? Is there enough accessible parking?

Are there accessible washrooms?



What if 1 can' t find an accessible option?

If you can' t find a good, service or facility that meets your needs, look for ways to makeit more accessible. If someone asks, you must explain why the option you chose isn' taccessible.

If you determine that it is technically infeasible, or not "practicable" to incorporateaccessibility criteria and features, contact Dianne Wilson, Deputy Clerk.

What resources should I consider for the build environment?

When purchasing items related to the built environment, staff should consult thefollowing:

City of London —Facility Accessibility Design Standard

City of Markham —Accessibility Design GuidelineOntario Building Code —Barrier Free Section

What about print material or online documents?

Documents created, adapted or otherwise presented on behalf of the Municipality ofCentral Elgin shall be developed in accordance with the Accessible Digital Office

Document manual. When posting documents on the municipal website, staff must

ensure compliance with the Web Content Accessibility Guidelines.

Accessible formats may also be requested. Accessible formats include, but are notlimited to: Braille, audio, plain language, accessible documents that are compatible with

screen reading software

What if I' m purchasing the services of a consultant?

Consultants who may facilitate a public open house or otherwise seek /receive feedbackon behalf of the Municipality of Central Elgin shall ensure that all communication, equipment and materials take into account a person' s disability so that all in attendancemay participate equally as outlined in the AODA legislation. This includes but is notlimited to:

Communicate in a format that allows an individual to receive information in an

alternate format;

Holding events in venues that are physically accessible;

During events be prepare to provide ASL interpreter services; Understand emergency evacuation procedures and be ready and willing toprovide assistance to event

Ensure that the event aligns with the Municipality' s Accessibility for Ontarianswith Disabilities Act policies and procedures



When obtaining a third party:

In accordance with the AODA legislation the Supplier (Third Party Provider) must ensureappropriate employees have completed the following:

Serve - Ability: Transforming Ontario' s Customer Service and;

Access Forward: Training for an Accessible Ontario

Suppliers are to ensure that training records are maintained, including dated when

training is provided, the number of personnel who received training and individualtraining records. The suppliers are to ensure that this information is available, to the

municipal contact, anytime during the Term of the Contract.

How can I make a self -serve kiosk accessible?

The Integrated Accessibility Regulation requires that accessibility features beincorporated when designing, procuring or acquiring self -serve kiosks.

A kiosk is defined in this legislation as an interactive electronic terminal, including apoint -of -sale device, intended for public use that allows users to access one or more

services or products or both. The vendor /supplier must demonstrate how the kiosk will

comply with the Integrated Accessibility Regulation.

What should I know about technology?

Staff should demonstrate that the purchase is compliant with the Web Content

Accessibility Guidelines 2.0 as per the Integrated Accessibility Regulation.



For more information...

Learn more about the Accessibility for Ontarians Act at Ontario.ca /AccessONTo learn about how to prevent barriers to accessibility in a wide range of goods, services and facilities, visit Ontario.ca / pp30

Incorporate accessibility criteria in all stages of your procurement practices,

including writing and assessing tenders at the Centre for Excellence andUniversal Design

Checklist to ensure your meeting is accessible

Dianne Wilson

Deputy Clerk519 - 631 -4860 ext 286

dwilson @centralelgin.org



CentralElgin 45054nset OtImist FlmrSt.Thmm,Ontulo N5R5V1 P.519.631.4860 F519.631.4036

DATE: December 6, 2013 REPORT: PW -89- 13


PREPARED BY: Paul Barletta

Water/Wastewater Superintendent

SUBJECT: DWQMS Water Infrastructure Review


RECOMMENDATION: THAT Council of the Municilpality of Central Elgin receives andapproves the Drinking Water Quality Management System ( DWQMS) Water InfrastructureReport.

REPORT: On November 29, 2013 the annual Drinking Water Quality Management SystemInfrastructure Review was completed. The purpose of this review is to assess the condition

and capacity of water infrastructure components with in the Belmont Water System and theCentral Elgin Distribution System. The results of this evaluation are to be used to prioritizefuture resource allocation.

Although water infrastructure reviews were undertaken in the past and were used to establish

the existing water infrastructure upgrade and replacement program. This DWQMSInfrastructure Review is a new requirement of Ontario's Drinking Water Quality ManagementStandard and shall be done annually.

Staff utilized the DWQMS Infrastructure Review Procedure, closely reviewing severaldocuments, reports and activities from each water system looking for capacity or conditionissues or in some cases affirming the good condition or capacity of existing infrastructure.

The attached Infrastructure Review Report summarizes the review and identifies the highest

priority infrastructure needs that will be used for future resource allocation requests.

Staff is recommending the acceptance of this DWQMS Infrastructure Review Report.

Prepared Approved

a ' 4Paul Barletta, Lloyd ftAn

Water/Wastewater Superintendent Director of P ysical Services Chief Administrative Officer

DWQMS Water Infrastructure Review

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a


CentralElgin 450 Sunset Drive, 1St F100r,5LTh0Mas,00tetl0 NO VI P: 519.631.4860 F: 519.631.4036

INFRASTRUCTURE REVIEW REPORT

November 29, 2013

Paul Barletta December 6, 2013

Water/Wastewater Superintendent

QMS Representative


On November 29, 2013 the Municipality of Central Elgin held its annual DWQMS Infrastructure Review. The purpose ofthis review is to assess the condition and capacity of water infrastructure components with in the Belmont Water Systemand the Central Elgin Distribution System which is operated by Central Elgin. The results of this evaluation will be used toprioritize future resource allocation.

The staff that participated in the water Infrastructure Review included Lloyd Perrin (Director of Physical Services), TimMcKenna (Manager of Environmental and Community Services), Paul Barletta (Water /Wastewater Superintendent & QMSRepresentative) and Trevor Martin (Water /Wastewater Foreman).

Several documents, reports and activities from each water system were reviewed during the Infrastructure Review processto assist staff in determining condition or capacity issues. Some of these issues are known and are already in a resourceallocation plan to rectify them while other issues may be new or more severe than previously thought.

The DWQMS procedure #P13 for Infrastructure Review was followed during the meeting. Each document or report wasreviewed one at a time looking for issues or in some cases affirming the good condition or capacity of existing waterinfrastructure. Operations staff provided input on general operating problems and customer complaints while managementprovided input on resource allocation. Below is a brief summary of the findings.

BELMONT WATER SYSTEM

Belmont Water System Annual Water Quality & Summary Reports

There are two regulatory annual reports completed on the Belmont Water System which were reviewed for any condition orcapacity infrastructure issues.

The first report reviewed by staff was the 2012 Summary Report which summarizes operational issues and compliance withregulatory requirements.

The second report was the 2012 Annual Report which is a summary ofall of the water samples taken in the Belmont WaterSystem. This report identifies the number of samples taken, the range of the sample results and if there were any sampleswhich exceed the allowable limits.

The water infrastructure in the Belmont Water System is in very good condition which resulted in water samples that wereall compliant. There were not any infrastructure issues identified in these reports.

I of


of 134

Central Elgin DWQMS Infrastructure Review Report November 29, 2013

Belmont Annual Flow Summary & Water Loss Report

The water production summary for 2012 and the water loss report for 2012 were reviewed to primarily identify capacityissues. The flow summary from the Water Treatment Plant showed a yearly total of 120,406 cubic meters was producedwith an average day of 329 cubic meters and a peak day of 1, 204 cubic meters. The Drinking Water Permit for the BelmontWater System allows for 3, 034 cubic meters per day of water to be taken. When compared to the maximum day of 1, 204cubic meters, 39.6% of capacity is being used on peak days.

The 2012 water loss report shows an annual loss of 0. 74% between the water produced at the treatment plant and customerwater meters, which is considered acceptable.

After review and discussion of these reports it was agreed that the capacity in the Belmont Water System is in a goodposition to handle any future development.

Comments:

The pumping strategy at the Belmont Water Treatment Plant was discussed. More specifically the cost savings thatcould be seen by filling the water tower at off peak hydro rate times. With the current control system it is notpossible to control the time of day when the pumps run. This could perhaps be controlled with some programmingchanges. There still would be times when the pumps would need to run during peak hydro rate times, but perhapsthese times could be kept to a minimum. It was decided to review and tally all the pump run times during the peakhydro rate time periods to evaluate how much could be saved by making the programming changes.

o Action Item•

Review and summarize pumping times at the Belmont Water Treatment Plant to determine ifthere would be significant cost savings if programming changes were made. Assigned to Water /Wastewater Foreman Trevor Martin.

It was noted that Water Operations was having difficulty obtaining estimates of water used by the FireDepartment. It was decided a spread sheet should be developed to give to the fire department so they could record

estimates of water used. The importance of recording volume estimates will be communicated to the Central ElginFire Chief. The spread sheet was created but is not used by the Fire Department at this time.

o Action Item•

Implement the water use spread sheet with the cooperation of the Fire Department. Assigned to Water/Wastewater Superintendent Paul Barletta.

Belmont Well Inspection Report

Each year a comprehensive inspection of the wells is required by a qualified well inspector as per the Drinking WaterWorks Permit to assess the integrity and performance of the well casings, pumps, screens and monitoring well. The lastinspection was done on October 14, 2013.

The well inspection report indicated that there is a decline in pump performance in the well 1 pump. The well 1 pump has amechanical issue with pump impeller bowls. The loss of performance is minimal but slowly increasing. The reportestimates the pump replacement at $ 5, 000 not including labour. This is not a large concern since there are two wells that arerunning at 39% ofcapacity but should be addressed in the future. It was decided to order a new pump and have it on site forreplacement at a convenient time.

There were no other issues identified in the well inspection report.

o Action Item:

Include funds in the 2014 budget to order a new pump complete with labour estimates. Assigned to Water /Wastewater Superintendent Paul Barletta.

Belmont Annual M.O.E. Inspection Report

The Belmont Water System is inspected annually by a Ministry of the Environment Officer. This inspection includes an indepth review of operations practices, procedures, documents and records to ensure that compliance with the Drinking WaterWorks Permit/License, Certificates of Approval, Permit to Take Water and the Safe Drinking Water Act with its associatedRegulations have been met.

2 of


of 134


The last Ministry Inspection for the Belmont Water System was conducted on October 3, 2013. Central Elgin Staffreviewed this report looking for condition or capacity issues if any.

There was not any condition or capacity infrastructure issues identified in the Belmont Water System Ministry InspectionReport but there was one procedural related issue identified. Although Operations Staff inspect the Elevated Water Tower

in the Belmont Water System and perform routine maintenance there is not a written procedure outlining this practice.

o Action Item:

Create a written procedure program or schedule for the routine inspection, repair andmaintenance of the Belmont Water Tower.

Assigned to Water/Wastewater Superintendent Paul Barletta.

Belmont Maintenance

There are two types of maintenance to be considered when assessing infrastructure, planned maintenance and unplannedmaintenance. When reviewing planned maintenance programs it is important to review the outcomes or problems that areidentified during these planned programs. When reviewing unplanned maintenance the focus is on the number of unplannedincidents and why they happen.

Planned maintenance activities in the Belmont Water System since the last review include:

Routine chemical system maintenance such as tubing and pump diaphragm replacements. Routine water quality analyzer maintenance such as probe cap replacements, cleaning and calibrations. Well inspection of both production wells and the monitoring well. Generator maintenance of stand by generator which includes weekly operation and complete mechanicalmaintenance by a qualified person. Fire hydrant flushing and general maintenance in the spring and fall. Winter fire hydrant inspections.

Fire hydrant preventative maintenance program which includes disassembly, inspection and replacement of wornparts.

Water main valve exercising program which includes operation, inspection and potential maintenance of eachmain line water valve.

Service box/ valve program which includes finding, inspecting, operating and potential repair of a fraction of thewater service valves.

There have been no unplanned maintenance activities in the Belmont Water System since the last review.

No infrastructure issues were identified after the review of these maintenance activities in the Belmont water system.

CENTRAL ELGIN DISTRIBUTION SYSTEM

Central Elgin Distribution System Annual Water Quality & Summary Reports

There are two regulatory annual reports completed on the Central Elgin Distribution System which were reviewed for anycondition or capacity infrastructure issues.

The first report reviewed by staff was the 2012 Summary Report which summarizes operational issues and compliance withregulatory requirements.

The second report was the 2012 Annual Report which is a summary of all of the water samples taken in the Central ElginDistribution System. This report identifies the number of samples taken, the range of the sample results and if there were

any samples which exceed the allowable limits. There was one adverse water quality sample in 2012.

o Re- samples proved the original result was a false positive.

Occasionally there was low free chlorine residuals logged at some of the dead end water main areas, but not lowenough to be adverse.

Water main flushing would quickly return the chlorine to a higher level. This problem becomes more prevalent in the late summer when water temperatures are highest. This issue is considered to be a normal part ofwater distribution system operations.

There were not any capacity or condition issues identified in these reports. 3 of


of 134


Central Elgin Distribution System Annual M.O.E. Inspection Report

The Central Elgin Distribution System is also inspected annually by a Ministry of the Environment Inspection Officer. Thisinspection includes an in depth review of operations practices, procedures, documents and records to ensure that

compliance with the Drinking Water Works Permit/License, Certificates of Approval and the Safe Drinking Water Act withits associated Regulations have been met.

The last Ministry Inspection for the Central Elgin Distribution System was conducted on July 18, 2013. Central Elgin Staffreviewed this report looking for condition or capacity issues if any.

There was not any condition or capacity infrastructure issues identified in the Central Elgin Distribution System MinistryInspection Report, but there was one procedural related issue identified. Although Operations Staff inspect the Elevated

Water Tower in Port Stanley and perform routine maintenance there is not a written procedure outlining this practice.

o Action Item:

Create a written procedure program or schedule for the routine inspection, repair and

maintenance of the Port Stanley Water Tower. Assigned to Water /Wastewater Superintendent Paul Barletta.

Central Elgin Distribution System Maintenance

There are two types of maintenance to be considered when assessing infrastructure, planned maintenance and unplannedmaintenance. When reviewing planned maintenance programs it is important to review the outcomes or problems that areidentified during these planned programs. When reviewing unplanned maintenance the focus is on the number of unplannedincidents and why they happen.

Planned maintenance activities in the Central Elgin Distribution System since the last review include:

Routine chemical system maintenance such as tubing and pump diaphragm replacements. Routine water quality analyzer maintenance such as probe cap replacements, cleaning and calibrations. Fire hydrant flushing and general maintenance in the spring and fall. Winter fire hydrant inspections.

Fire hydrant preventative maintenance program which includes disassembly, inspection and replacement of wornparts.

Water main valve exercising program which includes operation, inspection and potential maintenance of eachmain line water valve.

Service box/ valve program which includes finding, inspecting, operating and potential repair of a fraction of thewater service valves.

Water chamber maintenance and inspections.

Unplanned maintenance activities in the Central Elgin Distribution System since the last review include:

October 8, 2012, water service leak at 264 Frances Street.

e inch poly service was leaking on the municipal side of the property line. Replaced the service on the municipal side.

February 1, 2013, water main leak in front of 431 Edith Cavell Blvd. o Installed repair saddle.

March 12, 2013, water main service saddle leak in front of348 Erie Street.

o Replaced service saddle.

June 10, 2013, water main leak in front of 335 Catherine Street.

o Installed repair clamp. November 20, 2013, water service leak at 325 George Street.

a inch poly service was leaking under the road. Replaced a section of service pipe.

The review of these maintenance activities in the Central Elgin Distribution System emphasized the need to replace thewater main on Edith Cavell Blvd, Frances Street south and Catherine Street.

Comments:

Recently we have had difficulty obtaining as constructed drawings from contracted engineering firms that overseeour capital projects.

4 of


of 134


o Action Item•

Investigate options to ensure that the Municipality receives as constructed drawings in a timelymanner.

Assigned to Manager of Environmental and Community Services Tim McKenna. It was mentioned by Operations Staff that maintenance on valves and hydrants is difficult without an overall mapof the distribution system. Although there is an overall system map in digital form, it is missing valve and hydrantnumbers and is not available in one large paper map for easy viewing by Operations Staff.

o Action Item•

Implement a plan to provide operations staff with access to system maps and drawings. Assigned to Director of Physical Services Lloyd Perrin.

IDENTIFIED INFRASTRUCTURE ISSUES

There was an in depth infrastructure review done in 2001 that looked at all aspects of the water systems. A comprehensive

list of prioritized water projects was established at that time. Since then the Municipality has been systematically workingtowards upgrading or replacing this infrastructure. As a result of this review almost all of the condition and capacity issueshave been identified and in many cases already upgraded or replaced. Thus the focus of the DWQMS review was to revisitthis previously prioritized issues list and add any new capacity or condition issues.

The issues highlighted during the review were derived from customer complaints and operations staff. They range fromrusty water to main breaks. They are attributed to aging or inferior material. Although there are other areas with capacity orcondition issues the following were identified as being highest priority.

Front Street (west end to River Road)

Water main washed away when the hill eroded. Needs to be replaced to provide looping for Front Street. Rusty water now in the area due to the creation of a dead end.

River Road ( Front Street to Valley Street) Rusty water quality issues. Undersized (4 inch) cast iron pipe that should be replaced as part of the loop for Front Street.

Lower Spring Street (Valley Street to River Road) Rusty water quality issues. Undersized (4 inch) cast iron pipe that should also be replaced as part of the loop for Front Street.

Frances Street (south end)

Rusty water quality issues. Dead end water main.

Water main break history. Undersized pipe (4 inch cast iron pipe)

Smith Street ( Sydenham Street to Carlow Road)

Rusty water quality issues. Water main break history. Insufficient hydrant coverage.

Edith Cavell Blvd. by old pump house and through the gate to R.O.W., includes Stanley Park old 10 inch cast ironoverland main decommissioning.

o Rusty water quality issues. Water main break history. Eliminate the two dead ends created by the overland main to Front Street.

Borden Ave (Belmont Road to Louise Street)

Water main break history. Undersized.

Belmont Road Kettle Creek crossingo Crossing not completed as part of2004 project due to CofA issues.

CofA not an issue any longer with the Permit/Licensing system. Old main still in place but is undersized.

Sections of the old main are dead ended and cannot be flushed.

Colonel Bostwick Street from Bridge Street to Hetty Street. It was originally thought that this pipe was Ductile Iron with cement lining. When Bridge Street Creekcrossing was tied in it was discovered that this was Ductile Iron that was not cement lined. The interior is badly encrusted which would significantly affect flow.

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o There are not any water quality issues as of this date. Hetty Street from Colborne Street to Colonel Bostwick.

o Cast Iron water main with low break ratio.

o Interior is in bad condition, heavily encrusted and reduced flow. o The connection to the Hetty Street HDPE Creek crossing needs to be redone. o There needs to be a fire hydrant at the corner of Hetty and Colonel Bostwick.

D Water services on Edith Cavell Blvd from GT' s west to ROW. o Several small lateral mains running parallel with the 10 D.I. main. o These mains are in many cases galvanized and connect several homes /cottages. o Each service should be run directly to the main and lateral mains disconnected.

Catherine Street from Warren Street to the south end.

o Ductile Iron, cement lined water pipe.

o Increasing number of water main breaks. Residential water meter replacements.

o Belmont still has many old meters. o Port Stanley / Yarmouth new in 1996/ 97. o Plan to replace after 20 to 25 years.

INFRASTRUCTURE UPGRADES /REPLACEMENTS

2012 Completed Water Projects;

Kettle Creek crossing on Bridge Street. o From Carlow Road to Colonel Bostwick.

2013 (Current Year) Water Projects;

2013 water projects that have had resource allocation approval through the budgeting process include;

Carlow Road water main replacement (completed).

o From the Hydro sub - station to Bridge Street (south half). William Street Upper water main replacement ( completed).

o From Carlow Road west to the top of the William Street hill. William Street and Lotus Lane water main replacement (completed).

o William Street from Edith Cavell to south end. o Lotus Lane from William Street to Bessie Street (new).

Recommended 2014 Water Projects;

Staff will propose that resource allocation for the 2014 Budget year be used for the following water infrastructure projects. These projects were identified by closely reviewing all of the reports and maintenance activities included in thisInfrastructure Review. Although these projects were previously identified by staff they have been re- prioritized to reflectthe Infrastructure Review findings. Water Infrastructure projects outside of the Central Elgin Operating Authorities area butwith in the Municipality of Central Elgin are not listed here.

Smith Street water main replacement.

o From Carlow Road to Sydenham Street.

o Old 4 inch Cast Iron water main.

o Rusty water complaints. o Undersized.

o Main break history. Front Street water main replacement.

o From River Road to PVC at west end of Front Street. o Old 4 inch Cast Iron water main.

o Dead end water main since hill eroded.

o Bad rusty water issues. D River Road water main replacement.

o From Front Street to Valley Street.

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o Old 4 inch Cast Iron water main. o Dead end water main since hill eroded.

o Bad rusty water issues. Spring Street water main replacement.

o From Lower Spring Street to River Road. o Old 4 inch Cast Iron water main.

Dead end water main since hill eroded.

Bad rusty water issues. Directional drill services up the hill on Lower Spring Street.

o As part of the Front Street, River Road, Lower Spring Street project. Edith Cavell water main replacement.

From former pump -house ( 430 Edith Cavell) west through ROW to 442 Edith Cavell. Old 6 inch Cast Iron water main ( 1930' s).

Water main break history. Rusty water issues. Chlorine residual degradation.

Stanley Park water main replacement. Connect loop from existing PVC to Edith Cavell. Transfer services to new PVC.

Disconnect overland water main and transfer services.

From Front Street to Edith Cavell.

Developed leaks and is no longer in service but is connected at the top and bottom of the hill. Bottom section is old 10 inch Cast Iron. Some services are still connected to the bottom Cast Iron section.

These services have very bad rusty water issues. They are on flat rate billing.

Frances Street (south end)

o Rusty water quality issues. o Dead end water main.

Water main break history. Undersized pipe (4 inch cast iron pipe)

SUMMARY

The Central Elgin DWQMS Infrastructure Review identified new or reinforced already known water infrastructurestrengths and weaknesses. Since 2001 the Municipality of Central Elgin has been aggressively replacing and upgradingwater infrastructure resulting in a much improved and robust water system. This was confirmed with review of the Ministryof the Environment inspection reports, Annual Summary Reports, water quality reports and maintenance practices. Thereare a few areas within the municipally owned and operated water systems that still require upgrades. These areas have beenidentified and are scheduled into the capital replacement plan.

As a result of this DWQMS Infrastructure Review to determine the condition and capacity of the water system componentsa shuffle of existing five year replacement plan was done to complete some water main projects sooner than originallyscheduled. This review also confirms that the current year resources are being allocated to the most urgent projects.

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Central Elgin

DATE: December 11, 2013

TO: Mayor Walters and Council

PREPARED BY: Lloyd J. Perrin

Director of Physical Services

SUBJECT: Backwater Valve Installation — Sanitary BuildingDrains

TO COUNCIL- December 16, 2013

REPORT: PW -90 -13

RECOMMENDATION

THAT Council of the Municipality of Central Elgin confirm the requirement for the mandatoryinstallation of Backfiow Valves on newly constructed Sanitary Sewer Drain Connections,

AND THAT staff be authorized to notify the St. Thomas and Elgin Home Builders Associationof this requirement.

REPORT:

Background

In Ontario there is currently a movement by insurance companies to limit their exposure toclaims that result from Sanitary Sewer Backups. This is predominately due to the value ofclaims that they are receiving. High end finishes in basement levels are more commonplace in today' s homes and as a result a sewer back up can equate to tens of thousands ofdollars of damage. As a result, insurers are limiting the value of payout for claims, thenumber of claims that they will cover or even refusing coverage of sewer backups.

The Ontario Building Code states " where a fixture may be subject to backflow, a back-flowvalve shall be installed when the fixture is located below the level of the adjoining street" Itis our understanding that the Ministry is saying that code enforcement is up to each

Backwater Valve Installation - Sanitary Building Drains

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municipality and it is their responsibility to enforce the Plumbing Code regarding the use ofbackwater valves as a risk management issue.

Staff would note that the insurers are utilizing the wording in the Plumbing Code as well asthe Ministry' s position that it is the responsibility to enforce the code as a line of defence forrecovering their costs for claim payouts.

As a result, a number of area and surrounding municipalities have realized this potentialliability and have already implemented the requirement for the installation of backflowpreventers on Sanitary Sewer Connections. These include but are not limited to Sarnia, London, Woodstock, Tillsonburg, Ingersoll, St. Mary's and St. Thomas.

Financial Implications

The requirement to install backflow preventers on sanitary sewer drain connections will notresult in any increased cost to the municipality. Staff would note that such a device will costthe property owner approximately $300 on a new installation.

As a result, staff are recommending that Council consider implementing a backflowprevention bylaw which will require the installation of backflow preventers on all new

sanitary sewer connections to prevent damage to properties as a result of a drain back up.

Timing

Staff would note that the new Provincial Building Code will be coming into force effectiveJanuary 1, 2014. As a result, staff would recommend that the installation of backflowpreventers be required on any new services which are constructed after January 1, 2014.

Given the change in the municipal standard, we would also recommend that this new

standard be circulated to the St. Thomas Elgin Home Builders Association for theirinformation 1-1

Submitted by:

Lloy . P in


9Donald N. Leitch

Chief Administrative

Officer

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Central Elgin

11 euvl L

DATE: December 11, 2013 REPORT: PW -91 - 13

TO: Mayor Walters and Council

PREPARED BY: Lloyd J. Perrin


SUBJECT: ESDA Phase 3 Final Engineering Design Fees


RECOMMENDATION

THAT Council confirms the appointment of AECOM, to complete the detailed engineering of thePhase 3 works at a total cost of $326,535 inclusive of HST.

REPORT:

Final design ofPhase 3 works

In 2013 Council directed staff to move forward with the final design of the Phase 3 works for the EastSide Development Area Project so that it could be constructed in 2014. This work includes the

installation of a Sanitary collection system, watermains, storm sewers and street reconstruction forthe Phase 3 Works of the East Side Development Area Reconstruction Project. The Phase 3 works

include Talbot Street (west of Centennial Ave), Talbot Line ( east of Centennial Ave), Wellington St.,

Bodkin St., and Coulter Ave, Lawton Street, Peter St., Lois Ave, Tracey St., Nora Place, and Elm St. Bailey Ave. to Centennial).. AECOM has moved forward with the work on staff's direction based on

Council' s desire to complete the Phase 3 works in 2014. Up to this point in time the funding of thiswork has been under the already council approved budget for the contract administration of thePhase 2 works currently under construction. In order to obtain Council approval from an

administrative perspective AECOM has provided a price to complete this work for a total cost of326,535 inclusive of taxes and fees.

This cost includes obtaining the Ministry of Environment Approvals, detailed design, plan preparationand contract preparation. Staff would note that all of this work has been completed and will be

issued for tendering January 8, 2014

Eastside Development Area - Phase 3 - Engineering

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Financial implications

Staff would note that the cost to complete the design of the Phase 3 works will

2014 Capital budget which will be considered in early 2014

Submitted by:

84 - Lloy J. rin


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