Agenda Lanark County Council Wednesday, August 24Th, 2005 7:00 P.M

COUNTY OF LANARK COUNTY ADMINISTRATION BUILDING SUNSET BOULEVARD, PERTH, ONTARIO

AGENDA LANARK COUNTY COUNCIL WEDNESDAY, AUGUST 24TH, 2005 7:00 P.M. COUNTY COUNCIL COUNTY COUNCIL CHAMBERS

Susan Freeman, Chair

1. CALL TO ORDER

2. MOMENT OF SILENT MEDITATION

3. ROLL CALL

4. DISCLOSURE OF INTEREST

5. APPROVAL OF MINUTES

Suggested Motion by Councillor John Fenik: “THAT, the minutes of the Lanark County Council meeting held on June 22nd, 2005 and the minutes of the “Special” Lanark County Council meeting held on July 6th, 2005 be approved as presented.”

6. ADDITIONS AND APPROVAL OF AGENDA

Suggested Motion by Councillor Dennis Cordick: “THAT, the agenda be adopted as presented.”

7. COMMUNICATIONS

i) Mississippi River Water Management Plan – Draft Plan Review 3rd Public Information Centre – copies of the plan can be reviewed at the Clerks Office – attached, page 6.

Suggested Motion by Councillor David Schoular: “THAT, the Mississippi River Water Management Plan – Draft Plan Review 3rd Public Information Centre communication be received as information only.”

8. DELEGATIONS

None

1 of 43 9. COMMITTEE REPORTS

• Perth Hotel Request for Support, Peter Wagland, CAO – to be distributed at the meeting.

• Report #C-14-2005 Agendas and Minutes Public Documents – attached, page 10.

Suggested Motion by Councillor Gary Doyle: “THAT, the County website be utilized to provide a method of making available all Council and Committee minutes and agendas for inspection;

THAT, a disclaimer appear on the website in a highly visible location, stating that Staff Reports and Committee Minutes are recommendations to Council and that current agendas and minutes are subject to amendments and adoption by Council;

AND THAT, the format in Appendix C of the Procedural By-Law 2003-38 be amended to change RECOMMENDATIONS to STAFF RECOMMENDATIONS.”

• Community Development: August 3rd, 2005 meeting, page 15 – Chair J. Fenik

• Public Works: August 3rd, 2005 meeting, page 18 – Chair A. Churchill

• Community Services: August 10th, 2005 meeting, page 21 – Chair S. Mousseau

• Corporate Services: August 10th, 2005 meeting, page 23 – Chair G. Doyle

10. BY-LAWS AND MOTIONS

i) By-Law No. 2005-24, being a by-law to Establish a Standardized Application Form for Condominium Exemptions and to Establish General Responsibilities and Procedures for the Processing of Applications, page 27 - Councillor Ed Wilson.

ii) By-Law No. 2005-25, being a by-law to Authorize the Execution of the Contract Between the Corporation of the County of Lanark and Minister of Municipal Affairs and Housing under the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) for a Grant from the Federal and Provincial Governments for the Little Clyde River Bridge Project and to Designate the Signing of Officers Authorized to Execute the Contract and Bind the Corporation of the County of Lanark for Said Contract., page 41 - Councillor Al Lunney.

2 of 43 11. NEW BUSINESS

i) Councillor Mailboxes (verbal) - Cathie Ritchie, Acting Clerk.

The staff report regarding resolution motion #11 from the August 10th, 2005 Corporate Services meeting will be deferred to the September Corporate Services Committee meeting in order to give staff adequate time to prepare for a short term solution and long term plan.

ii) Electronic Agenda and Minute Distribution Councillor Survey - Cathie Ritchie, Acting Clerk – to be distributed at the meeting.

iii) “In-Camera” Session (verbal) – Gerry Haughian, Director of Social Services.

Suggested Motion by Councillor Larry McPhee: “THAT, Council move “in camera” at …to address a matter pertaining to personal matters about an identifiable individual, including municipal or local board employees;

AND THAT, P. Wagland, CAO; G. Haughian, Director of Social Services; L. Crosbie-Larmon, Human Resources Manager; C. Ritchie, Acting Clerk and A. Mabo, Committee Secretariat/Administrative Assistant remain in the room.”

12. NOTICE OF COMMITTEE MEETINGS

Awards of Excellence 9:30 a.m. August 31st, 2005

Community Development: 5:00 p.m. September 7th, 2005 Public Works: September 7th, 2005

OEMC Conference: September 14th – 16th, 2005

25th Annual Terry Fox Run September 18th, 2005

Community Services: 5:00 p.m. September 21st, 2005 Corporate Services: September 21st, 2005

Agricultural Committee: 7:30 p.m. September 22nd, 2005

County Council: 7:00 p.m. September 28th, 2005

13. CONFIRM COUNCIL PROCEEDINGS

By-Law 2005-26, being a by-law to confirm the proceedings of the Council meetings held on July 6th and August 24th, 2005, page 43 – Councillor Larry McDermott.

3 of 43 14. REQUESTS FOR MEDIA INTERVIEWS

15. ADJOURNMENT

Cathie Ritchie, Susan Freeman, Acting Clerk Warden

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COMMUNICATIONS

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REPORTS

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THE COUNTY OF LANARK

COUNTY COUNCIL August 24th, 2005

Report #C-14-2005 of the Acting Clerk

AGENDAS AND MINUTES PUBLIC DOCUMENTS

1. STAFF RECOMMENDATIONS

It is recommended:

“THAT, the County website be utilized to provide a method of making available all Council and Committee minutes and agendas for inspection;

AND THAT, the format in Appendix C of the Procedural By-Law 2003-38 be amended to change RECOMMENDATIONS to STAFF RECOMMENDATIONS.”

2. PURPOSE

The purpose of this report is to verify the status of agendas and minutes that have not yet been adopted by Council and;

To recommend procedures for notifying and/or educating the public regarding meeting processes and documents and;

To clarify the intentions of staff reports and Committee minutes as recommendations only.

3. BACKGROUND

Council instructed the Clerk’s Office to prepare a report on the status of agendas and minutes that have not been adopted by Council.

In addition, to review the implications of posting Committee documents that contain staff recommendations which then may become Committee recommendations to Council.

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Currently all agendas and minutes have been available to the public by request. Members of the public have also requested to be circulated all agendas and minutes on a regular basis and have been added to an email distribution list. Media Releases are also sent out following all Council Meetings.

4. DISCUSSION

i) Section 253 of the Municipal Act, 2001 and amendments thereto states that (1) Inspection of records – Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable times, inspect any of the records under the control of the clerk, including,

(a) by-laws and resolutions of the municipality and of its local boards; (b) minutes and proceedings of regular, special or committee meetings of the council or local board, whether the minutes and proceedings have been adopted or not; (c) records considered at a meeting, except those records considered during that part of a meeting that was closed to the public; (d) the records of the council; (e) statements of remuneration and expenses prepared under section 284

ii) Section 4. (1) Part 1 of the Municipal Freedom of Information and Protection of Privacy Act and amendments thereto states that every Person has a right of access to a record or a part of a record in the custody or under the control of an institution unless the record or part falls within one of the exemptions under sections 5 to 15;

iii) Agendas and minutes whether adopted or not do not fall under the exemption clause in the Municipal Act or the MFIPP Act

iv) Bill 123 – Transparency in Public Matters Act, 2004, a Private Members bill has received a first reading. The Act suggests the following provision:

a. Section 7. (3) A designated public body shall post the minutes of its meetings in a publicly accessible location and shall publish them on its website at the same time as the minutes are made available to the members of the designated public body, whether the minutes have been adopted or not.

v) The County website was launched June 30th, 2005 and agendas and minutes have been posted and updated since that time.

vi) An opportunity to educate the public on municipal meeting processes. a. agendas and minutes are subject to amendment; b. recommendations are subject to change or not accepted

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vii) Staff reports in the committee agendas will be identified as staff recommendations and committee minutes are identified as committee recommendations to Council and not decisions until adopted by Council;

viii) Confidential documents will not be accessible from the public area of the website.

5. ANALYSIS AND OPTIONS

By posting agendas and minutes to the website it will reduce the number of public and media requests made and therefore reduces the amount of staff time responding to the requests. The County will also be perceived by the public as conducting open meetings.

Councillors may access current meeting documents from the website in a timely manner.

Options: i) Posting all agendas and minutes ii) Posting all agendas and minutes with a disclaimer iii) Not posting agendas and minutes until adopted by Council

Sample Disclaimer: Committee minutes contain staff recommendations in the form of a report. All Committee minutes are subject to amendment prior to their adoption by the committee at their next regularly scheduled meeting. County Council may accept, revise or defeat a Committee’s recommendation.

Council minutes that are posted are not final until adopted at the next regularly scheduled meeting of County Council.

6. FINANCIAL IMPLICATIONS

None.

7. LOCAL MUNICIPAL IMPACT

Improving communications to the public.

8. CONCLUSIONS

It is recommended that all minutes and agendas be posted on the County website with a disclaimer posted in a highly visible location.

9. ATTACHMENTS

i) Counties in Ontario – Current Practices

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Counties in Ontario – Current Practices

County Website Posting of Minutes Bruce Not Posted – coming soon Dufferin No Disclaimer - links to current PDF copies Elgin No Disclaimer - links to current PDF copies Essex No Disclaimer - links to current PDF copies Frontenac No Disclaimer - links to 2004 PDF copies Grey Disclaimer - minutes approved Haliburton Posted - after minutes are approved at the following meeting Hastings No Disclaimer - links to PDF copies up to May 2005 Huron Not Posted Lambton No Disclaimer - links to PDF copies up to May 2005 Lanark TBD Leeds & Grenville Not Posted – coming soon Lennox and No Disclaimer - links to current PDF copies Addington Middlesex No Disclaimer - links to PDF copies up to May 2005 Northumberland No Disclaimer - links to current PDF copies Oxford No Disclaimer - links to current PDF copies Perth No Disclaimer - links to current PDF copies Peterborough Not Posted – coming soon Prescott & Russell No Disclaimer – up to March 2005 Renfrew No Disclaimer - links to current PDF copies Simcoe Selection available between Minutes or "Approved Minutes" Stormont, Dundas Not Posted – coming soon and Glengarry Wellington No Council Minutes, just agendas.

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SEVENTH REPORT OF THE COMMUNITY DEVELOPMENT COMMITTEE OF THE WHOLE August 3rd, 2005

To the Members of Lanark County Council.

We, the Members of your Community Development Committee of the Whole beg leave to report Section “A” as information and Section “B” as follows:

“A” 1. Ministry of Environment Policy Change, Permitting Development Close to Lake Trout Lakes.

The Ministry of Environment is considering a policy change which could impact at-capacity cold water lakes containing lake trout.

“B” 1. “WHEREAS, the Ministry of Environment is considering a policy change which could impact at-capacity cold water lakes containing lake trout;

WHEREAS, a 300 meter setback requirement for new development was established by the Ministry of Environment to protect at-capacity cold water trout lakes from the harmful impacts of phosphorus (or phosphates), a constituent of human and household sewage;

AND WHEREAS, the Ministry of Environment is considering abandoning the policy, and to now permit development within 300 meters of at-capacity cold water lake trout lakes;

THEREFORE BE IT RESOLVED, that the County of Lanark write to the Minister of Environment requesting that more consideration be given and safe guards put in place prior to changing the policy which would permit development within 300 meters of at-capacity cold water lake trout lakes;

AND FURTHER BE IT RESOLVED THAT, a copy of the letter is sent to the Ontario Municipal Board, the Township of Limerick and the Limerick Waterways Ratepayers Association.”

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“A” 2. Report #PD-15-2005 Land Division Committee Recommendation Regarding Appeal to the Ontario Municipal Board By SEH Developments Ltd.

The purpose of this report is to recommend that the County be represented at the hearing to be held by the Ontario Municipal Board into the appeal by SEH Developments Ltd. to support the position taken by the Land Division Committee that the proposed new lot should be created by a plan of subdivision rather than by consent.

“B” 2. “THAT, Vice and Hunter LLP and J. L. Richards & Associates Ltd. be retained by the County in the matter of the appeal by SEH Developments Ltd. against the decision of the Land Division Committee refusing to give a provisional consent to Application B05/027 for lands described as Blocks 60 and 61, Registered Plan 80, in the Town of Carleton Place.”

“A” 3. Report #PD-16-2005 Policy & Procedures for Condominium Exemption Applications.

This report is to recommend that the County establish a standardized application form for condominium exemptions and establish general responsibilities and procedures for the processing of such applications.

“B” 3. “THAT, the Condominium Exemption Application and Condominium Exemption Procedures Manual prepared by Trow Associates Inc. be approved.”

“A” 4. Report #C-11-2005 Lanark County Federation of Agriculture 2005 Political Tour.

The Lanark County Federation of Agriculture and the Office of the Hon. Scott Reid, MP are currently organizing a tour for politicians and dignitaries on September 12th, 2005. The tour will include visiting several farming operations, maple syrup producers, Balderson Cheese and other points of interest. Lanark County Federation of Agriculture is requesting a donation towards the rental of a bus for the 2005 Political Tour.

“B” 4. “WHEREAS, the Lanark County Federation of Agriculture has requested a donation from the County of Lanark to sponsor a bus tour to farming operations in Lanark County;

AND WHEREAS, MP’s, MPP’s, Wardens of Eastern Ontario and other dignitaries including the press will be invited to participate in the tour;

AND WHEREAS, the tour is to raise the politicians’ awareness regarding the farming industry in Lanark County;

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BE IT RESOLVED THAT, the Corporation of the County of Lanark approves a donation to the Lanark County Federation of Agriculture for the receipted cost of the tour transportation at an upset limit of $750 to be expended from the Agriculture Advisory Committee’s budget.”

“A” 5. “CONFIDENTIAL” Report #CAO-16-2005.

“B” 5. “THAT, the CAO follow the direction given in-camera with regards to Report #CAO-16-2005.”

All of which is respectfully submitted.

John Fenik, Chair Seconded By

Adopted this 24th day of August 2005

______Susan Freeman, Warden Cathie Ritchie, Acting Clerk

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TENTH REPORT OF THE PUBLIC WORKS COMMITTEE OF THE WHOLE August 3rd, 2005

To the Members of Lanark County Council.

We, the Members of your Public Works Committee of the Whole beg leave to report Section “A” as information and Section “B” as follows:

“A” 1. Township of Lanark Highlands requesting reconsideration of item “B” 2 of the Ninth Report of the Public Works Committee of the Whole due to a word omission in the motion.

“B” 1. “THAT, the word omission of ‘to’ in the fifth section of item “B” 2 of the Ninth Report of the Public Works Committee of the Whole be added to the motion to read as follows:

“THAT the Lanark Highlands Resolution #2005-06-209 be adopted as follows:

THAT the Township of Lanark Highlands proceed to transfer the 6th Concession of Darling to the County of Lanark from its intersection with the Tatlock Road (County Road #9) to a point 1500 metres westerly;

THAT the Township of Lanark Highlands commence the process to amend its Official Plan and Zoning By-Law (if necessary) to identify and protect the location of the proposed corridor;

THAT all costs associated with the transfer of the Township Road Allowance to the County of Lanark and the Official Plan/Zoning By-Law amendment be borne by the County of Lanark;

THAT if applicable, the mineral rights under the Township Road Allowance to be transferred to the County of Lanark be retained by the Township of Lanark Highlands;

ALL OF WHICH is contingent upon successful negotiations between the County of Lanark and OMYA (Canada) Inc. regarding the relocation of the Tatlock Road (County Road #9);

AND AMENDED by changing the 1500 metres road transfer to 500 metres.”

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“A” 2. Report #PW-46-2005 Perth Garage Mechanic Position.

During the 2005 budget process, Council approved the restoration of the mechanic position at the Perth Garage as a two-year contract position. Since the OPSEU Collective Agreement stipulates that the term of contract positions cannot exceed one- year the position was subsequently advertised as a one- year contract with the possibility of an extension of an additional year.

“B” 2. “THAT, the Director of Public Works be authorized to re-open the search for a mechanic for the Perth Garage;

AND THAT, the Perth Garage mechanic position be designated as permanent, full-time.”

“B” 3. “THAT, the Director of Public Works undertake an analysis to determine the pros and cons and costs of public sector versus private sector fleet maintenance practices and include an analysis of best practices and recommendations for the County.”

“A” 4. Report #PW-47-2005 Agreement Between the County of Lanark and OMYA (Canada) to Relocate County Road 9.

On July 27th, 2005, the Director met with Mark Ostram, Plant Manager; Larry Sparks, OMYA (Canada) Administrator and consulting engineers Jim McIntosh and Denton Byers, to review the Tatlock Road Relocation Environmental Assessment Study and identify issues that must be addressed during the final design process. During the meeting the Director received the proposed Tatlock Road Relocation Agreement which had been developed by OMYA (Canada) and was provided to the County’s legal counsel, Peter Vice, the previous day.

“B” 4. “THAT, the Draft Agreement between the County of Lanark and OMYA (Canada), for the transfer of County Road 9 between the 4th and 6th Concessions of Darling, be presented at the September 7th, 2005 meeting of the Public Works Committee.”

“A” 5. Report #PW-48-2005 Tender Results Winter Maintenance Contracts (Revised).

Tenders for Contract #32-2005 Combination Plow Truck and Operator for Winter Maintenance (Four Year Contract) were opened at 1:37 pm on July 21st,2005 at the County Public Works office in the presence of the Walter Warwick, Construction Supervisor and Office Coordinator, Janet Tysick.

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“B” 5. “THAT, four-year contracts be awarded to the lowest bidders for the following plow routes at the hourly rates specified in their tenders:

i) Route #2, Thomas Cavanagh Construction Ltd, ii) Route #4, Thomas Cavanagh Construction Ltd, iii) Route #7, Nedow Construction Inc., iv) Route #11, Thomas Cavanagh Construction Ltd;

AND THAT, the Contract with Alan Umpherson for Route #10 be renewed for the 2005/2006 winter season for $64 per single axle truck hour, $10 per loader use and $975 per month standby.”

All of which is respectfully submitted.

Aubrey Churchill, Chair Seconded By

Adopted this 24th day of August 2005

______Susan Freeman, Warden Cathie Ritchie, Acting Clerk

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SEVENTH REPORT OF THE COMMUNITY SERVICES COMMITTEE OF THE WHOLE August 10th, 2005

To the Members of Lanark County Council.

We, the Members of your Community Services Committee of the Whole beg leave to report Section “A” as information and Section “B” as follows:

“A” 1. District of Thunder Bay Social Services Department regarding Ontario Disability Support Program.

They are requesting that the provincial government through the Ministry of Community and Social Services pay 100% of the cost of ODSP income maintenance and administration for the province of Ontario.

“B” 1. “THAT, Lanark County Council support the District of Thunder Bay Social Services Department resolution regarding the Ontario Disability Support Program.”

“A” 2. Report #SS-20-2005 Best Start Initiative.

Best Start is a long-term strategy with full implementation expected to take 10 years or more and will be accomplished in phases. Phase 1, to be implemented over the next 4-5 years, has two key components:

• A major province wide expansion of child care during non-school hours for children enrolled in junior and senior kindergarten; • Three demonstration projects that will fast forward the 10+ year vision.

“B” 2. “THAT, the County of Lanark develop and implement Best Start in our community.”

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All of which is respectfully submitted.

Sharon Mousseau, Chair Seconded By

Adopted this 24th day of August 2005

Susan Freeman, Warden Cathie Ritchie, Acting Clerk

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EIGHTH REPORT OF THE CORPORATE SERVICES COMMITTEE OF THE WHOLE August 10th, 2005

To the Members of Lanark County Council.

We, the Members of your Corporate Services Committee of the Whole beg leave to report Section “A” as information and Section “B” as follows:

“A” 1. Linda Jeffrey, MPP Brampton Centre regarding Private Member’s Bill, The Home Fire Sprinkler Act 2004.

This Bill would propose added costs to homeowners in rural areas. Councillor K. Kerr explained that there is no source of water or enough pressure in rural areas to run the system and if the electricity is cut to the home during a fire, there would be no water pressure and the system would not work.

“B” 1. “THAT, a letter be sent to Linda Jeffrey, MPP Brampton Centre urging her to look at the impacts to rural areas and home owners regarding Private Member’s Bill, The Home Fire Sprinkler Act 2004;

AND THAT, a copy be forwarded to Norm Sterling, MPP.”

“A” 2. Land Ambulance Service Agreement between the County of Lanark and the Town of Smiths Falls.

Councillor L. McDermott would like the Service Agreement to be amended in order that one party does not have ‘Vito Power’ over the other. For instance, during the 2005 budget process, one side proposed enhancements to the service but the other party nullified these enhancements.

The Land Ambulance Contract with Almonte General Hospital (AGH) expires this fall and will be looked at in conjunction with the Land Ambulance Service Agreement.

“B” 2. “THAT, the CAO prepare a report for the next Corporate Services Committee meeting regarding the Land Ambulance Contract with Almonte General Hospital and the Land Ambulance Service Agreement with the Town of Smiths Falls.”

23 of 43 “A” 3. Report #FIN-09-2005 Federal Gas Tax Fund.

Lanark County will receive $520,194 in 2005/06. Although the agreement indicates that the Federal Government will transfer the funds to AMO semi- annually on July 1st and November 1st each year, there has not been any communication from AMO regarding application and/or distribution procedures at this time. Consequently, it is still unknown if funds will flow within the municipal fiscal year of 2005. These funds were not included in the 2005 Budget as the details were not known nor was the Federal Budget passed when the County finalized its budget.

“B” 3. “THAT, a subsequent report be prepared for the Corporate Services Committee to evaluate options for Council once the agreement terms, eligibility criteria and timing of the gas tax allocation and distribution methodology have been clarified by AMO.”

“A” 4. Report #C-13-2005 Electronic Distribution of Agendas and Minutes Website Access.

An estimated cost savings in excess of $4,000 annually with limited courier service for the delivery of special agenda packages will be achieved.

“B” 4. “WHEREAS, it has been identified that there would be significant cost savings and enhanced efficiencies in implementing the electronic distribution of agendas and minutes;

AND WHEREAS, the County currently has the ability to post agendas and minutes on the County’s website;

AND WHEREAS, by Councillors accessing meeting documents via the website, it has eliminated the obstacles associated with downloading large files;

BE IT RESOLVED, that the Clerk’s Office shall implement the electronic distribution of agendas, minutes and reports effective August 26th, 2005;

AND, FURTHER BE IT RESOLVED that paper copies of agendas and minutes shall only be available at the respective meeting if previously requested.“

“A” 5. Report #CAO-17-2005 Councillor Appointments to Municipal Associations.

Councillor McDermott was appointed to the FCM Board of Directors and Rural Caucus at the FCM Meeting held in St. John’s Newfoundland in early June. Warden Freeman has put her name forward as a candidate for an AMO County Caucus Director. Both Councillors will represent Lanark County and Eastern Ontario.

24 of 43 “B” 5. “THAT, Lanark County Council support:

the appointment of Councillor McDermott to the FCM Board of Directors and Rural Caucus with an upset budget limit of $10,000 for the term June 1st, 2005 to May 31st, 2006;

the nomination of Warden Freeman as a candidate for the AMO Board of Directors County Caucus, upon successful election an upset budget limit of $3,000 will be allocated for the term September 1st, 2005 to August 31st, 2006.”

“A” 6. OMYA Negotiations Sub-Committee request for additional meetings.

“B” 6. “WHEREAS, the OMYA Negotiating Sub-Committee has reached it’s allotted number of meetings;

AND WHEREAS, the OMYA Negotiating Sub-Committee has commenced negotiations with OMYA (Canada) and is currently preparing the final agreement that will require additional meetings;

THEREFORE BE IT RESOLVED THAT, a per diem and mileage allowance be paid to the members of the OMYA Negotiating Sub-Committee for attendance at up to 5 additional meetings in 2005.”

All of which is respectfully submitted.

Gary Doyle, Chair Seconded By

Adopted this 24th day of August 2005

Susan Freeman, Warden Cathie Ritchie, Acting Clerk

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BY-LAWS

26 of 43 THE CORPORATION OF THE COUNTY OF LANARK BY-LAW NO. 2005- 24

A BY-LAW TO ESTABLISH A STANDARDIZED APPLICATION FORM FOR CONDOMINIUM EXEMPTIONS AND TO ESTABLISH GENERAL RESPONSIBILITIES AND PROCEDURES FOR THE PROCESSING OF APPLICATIONS

WHEREAS the County of Lanark has been delegated the authority of the Minister of Municipal Affairs and Housing to approve applications for plans of subdivision, condominium exemptions and part lot control by-laws;

AND WHEREAS the County of Lanark deems it necessary and expedient to establish a standardized application form for condominium exemptions and to establish general responsibilities and procedures to be used by the County in the processing of such applications;

NOW THEREFORE the Council of the Corporation of the County of Lanark enacts as follows:

1. That all applications for approval of a condominium exemption shall be made using the application form set out in Schedule “A” attached hereto and forming part of this By- Law.

2. That the processing of applications for approval of a condominium exemption shall be generally conducted in accordance with the procedures manual set out in Schedule “B” attached hereto and forming part of this By-law.

3. That this By-law shall come into force and take effect on its passing thereof.

By-law read a first and second time this 24th day of August, 2005.

By-law read a third time and finally passed this 24th day of August, 2005.

______Cathie Ritchie, Acting Clerk Susan Freeman, Warden

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40 of 43 THE CORPORATION OF THE COUNTY OF LANARK BY-LAW NO. 2005- 24

A BY-LAW TO AUTHORIZE THE EXECUTION OF THE CONTRACT BETWEEN THE CORPORATION OF THE COUNTY OF LANARK AND MINISTER OF MUNICIPAL AFFAIRS AND HOUSING UNDER THE CANADA-ONTARIO MUNICIPAL RURAL INFRASTRUCTURE FUND (“COMRIF”) FOR A GRANT FROM THE FEDERAL AND PROVINCIAL GOVERNMENTS FOR THE LITTLE CLYDE RIVER BRIDGE PROJECT AND TO DESIGNATE THE SIGNING OFFICERS AUTHORIZED TO EXECUTE THE CONTRACT AND BIND THE CORPORATION OF THE COUNTY OF LANARK FOR SAID CONTRACT.

WHEREAS, the Municipal Act, 2001 (Ontario), as amended, (the “Act”) provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise;

AND WHEREAS, COMRIF invited Ontario municipalities desirous of obtaining funds to meet capital expenditures in connection with eligible capital projects to make application to COMRIF for such grant by completing and submitting an application on the form provided by COMRIF (the “Application”);

AND WHEREAS, the Corporation of the County of Lanark has submitted the Application to COMRIF to request for a grant in order to assist in funding capital expenditures in connection with the Project to rehabilitate the Little Clyde River Bridge located in the Township of Lanark Highlands (the Project) that Project being identified by the Council of the County of Lanark as the key project for the County in 2005 that met the criteria for the grant; AND WHEREAS COMRIF, has accepted and has approved the County of Lanark’s Application; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF COUNTY OF LANARK ENACTS AS FOLLOWS: 1. The Council of the County of Lanark hereby confirms, ratifies and approves the execution of the contract between the Corporation of the County of Lanark and Minister of Municipal Affairs and Housing on behalf of COMRIF authorizing the project and expenditures up to the Total Eligible Costs of $430,000 and Maximum Financial Assistance from the Federal and provincial governments of $286,666, the remaining of costs being funded by the municipal levy and/or reserves;

2. Work in respect of the Project in the amount of the respective estimated Authorized Expenditure is hereby approved and authorized;

3. The Warden and the Treasurer are hereby authorized to conclude contracts on behalf of the County of Lanark for work in respect of the Project in accordance with the County’s usual protocol;

41 of 43 THE CORPORATION OF THE COUNTY OF LANARK BY-LAW NO. 2005- 24

4. That this By-law shall come into force and take effect on its passing thereof.

By-law read a first and second time this 24th day of August, 2005.

By-law read a third time and finally passed this 24th day of August, 2005.

______Cathie Ritchie, Acting Clerk Susan Freeman, Warden

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THE CORPORATION OF THE COUNTY OF LANARK BY-LAW NO. 2005-26

A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE COUNTY OF LANARK AT ITS MEETINGS HELD ON THE 6TH DAY OF JULY AND 24TH DAY OF AUGUST 2005

WHEREAS by Section 5 of the Municipal Act, 2001, S.O. 2001, c. 25, the powers of a municipal corporation are to be exercised by its Council;

AND WHEREAS Subsection 2 of Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, the powers of every Council are to be exercised by By-Law;

AND WHEREAS it is deemed expedient that the proceedings of the Council of the corporation of the county of Lanark at this meeting be confirmed and adopted by By-Law;

NOW THEREFORE the Council of the Corporation of the County of Lanark enacts as follows;

1. The action of the Council of the Corporation of the County of Lanark at its meetings held on the 6th day of July and 24th day of August 2005, in respect of each recommendation contained in the reports of the Committees and each motion and resolution passed and other action taken by the council of the Corporation of the County of Lanark at its meeting is hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law.

2. The Warden and proper officials of the Corporation of the County of Lanark are hereby authorized and directed to do all things necessary to give effect to the action of the council of the Corporation of the County of Lanark referred to in the preceding section hereof.

3. The Warden and Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of the Corporation of the County of Lanark.

By-Law read a first and second time this 24th day of August 2005.

By-Law read a third time and finally passed this 24th day of August 2005.

______Cathie Ritchie, Acting Clerk Susan Freeman, Warden

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