“SPECIAL” COUNCIL MEETING AGENDA

Tuesday, May 19th, 2020 5:30 p.m. Conference Call

Dial-In Number 1-855-344-7722 or 613-244-1312 Conference ID: 1554771

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Teleconference Participation Etiquette

 please be mindful that the ability to participate in virtual meetings is a new process for all involved (Council, staff & the public);  a meeting via teleconference shall never be treated differently than a meeting in person, whereby all attendees shall abide by proper meeting procedure and etiquette;  as meeting attendees log onto the teleconference line, you will likely hear others join as well (this will be signified by a beeping noise);  we ask that all attendees mute their phones; doing so will eliminate any background noise and create a much more seamless process (for Members only - if/when you wish to speak during the meeting, you will simply unmute your phone and upon completion of your thought, please re-mute)  Reeve Campbell will call the meeting to order at the time indicated on the agenda and at that time we ask that everyone else remain silent;  roll call will be completed at which time Members will simply respond “present’;  Reeve Campbell will then remind all attendees to place their phones on mute  as the Chair moves through the agenda, he will call on the appropriate staff person to speak to their reports;  we request that you retain your questions until the end of the report, at which time the Chair will ask if anyone has questions;  you will be required to say your name (ex. Deputy Reeve Crampton) and if more than one Member has a question, the Clerk will tally the names and those will then be asked to speak in the sequence to which they made the request;  the Chair will read each motion, along with the mover and seconders name  when the Chair calls a vote; remaining silent indicates you are in favour. For those opposed, please state your name.

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5:30 p.m. “Special” Council Meeting

Chair, Reeve Brian Campbell

1. CALL TO ORDER

i) Roll Call

2. DISCLOSURE OF PECUNIARY INTEREST AND/OR CONFLICT OF INTEREST AND GENERAL NATURE THEREOF

3. DELEGATIONS & PRESENTATIONS

i) Presentation - Heritage Property Recognition Program.

 The Cohen Property – attached, page 8.

Suggested Motion by Councillor Beverley Phillips/Councillor Rob Rainer: “THAT, Tay Valley Township provide $215.00 towards the purchase of the Heritage Property Program Plaque to recognize the Cohen Connection, the early Jewish Community and Maberly’s Industrial Heritage;

AND THAT, Tay Valley Township provide an in-kind contribution for the plaque installation and required site preparation.”

4. CORRESPONDENCE

None.

5. MOTIONS

i) Report #PW-2020-012 – Improvements to Unopened Road Allowance Between Concession 8 & 9 (Maberly) - Tender Award – attached, page 17.

Suggested Motion by Councillor Rob Rainer/Councillor RoxAnne Darling: “THAT, Tender #2020-PW-010 – Improvements to Unopened Road Allowance Between Concession 8 & 9 (Maberly) be awarded to Crains’ Construction Limited in the amount of $28,620.00 plus H.S.T.;

AND THAT, the Reeve and Clerk be authorized to sign the necessary documentation.”

Page 2 of 109 ii) Report #C-2020-04 – Proposed New Road Name – Cohen Way – attached, page 27. Amanda Mabo, Clerk

Suggested Motion by Councillor RoxAnne Darling/Councillor Mick Wicklum: “THAT, the Road Naming By-Law No. 98-87 be amended to include “Cohen Way” within the designated roads as a seasonally maintained road;

THAT, the necessary by-law be brought forward to assume “Cohen Way” into the Township’s road network;

AND THAT, the necessary by-law be brought forward to restore the common law right of passage over the part of the Unopened Road Allowance between Concession 8 & 9, South Sherbrooke that was restricted by By-Law No. 2012- 027.” iii) Report #PD-2020-22 - Severance Application – Sweatman – attached, page 63. Noelle Reeve, Planner.

Suggested Motion by Councillor Mick Wicklum/Councillor Fred Dobbie: “THAT, the Council of Tay Valley Township recommend to the Land Division Committee of Lanark County that the Severance Applications for Sweatman B20/022 and B20/023 (Con 1, Part Lot 10, geographic Township of Bathurst) be approved subject to the following conditions:

That, the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township.

That, the applicant pay any outstanding fees to the Township prior to final approval.

That, two (2) copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township for each severance, both hard copy and electronically;

That, the applicant shall obtain a Civic Address Number and Entrance Permits for the severed lands from Tay Valley Township;

That, payment shall be made to Tay Valley Township representing Cash-in-Lieu of Parklands.”

Page 3 of 109 iv) Zoning By-Law Amendment - St. Pierre. Noelle Reeve, Planner.

Suggested Motion by Councillor Fred Dobbie/Deputy Reeve Barrie Crampton: “THAT, the request be denied to amend Zoning By-Law No. 02-021 to change the zoning of part of the lands at Pt Lot 17, Concession 3, Geographic Township of North Burgess, 147 Horseshoe Bay Road, from Seasonal Residential to Residential Limited Services Exception - (RLS-176) as the intent of the Zoning By-Law would not be maintained.” v) Report #FIN-2020-07 – Insurance Assessment Consultant – attached, page 68. Ashley Liznick, Treasurer.

Suggested Motion by Deputy Reeve Barrie Crampton/Councillor Gene Richardson: “THAT, Tay Valley Township participate jointly with the County of Lanark to secure an insurance assessment consultant, specifically Cameron & Associates, to review the Township’s insurance policies and conduct a Request For Proposals, with such coverage to take effect December 31, 2020;

AND THAT, Tay Valley’s portion of applicable fees be financed from the 2020 budget line - other contracted services”. vi) Council Communication Packages.

 20-03-25 Council Communication Package – cover sheet attached, page 72.  20-03-30 Council Communication Package – cover sheet attached, page 73.  20-04-15 Council Communication Package – cover sheet attached, page 74.  20-04-22 Council Communication Package – cover sheet attached, page 75.  20-05-04 Council Communication Package – cover sheet attached, page 76.

Suggested Motion by Councillor Gene Richardson/Councillor Beverley Phillips: “THAT, the 20-03-25, 20-03-30, 20-04-15, 20-04-22 and 20-05-04 Council Communication Packages be received for information.” vii) Integrity Commissioner Services Annual Report – 2019 – attached, page 77.

Suggested Motion by Councillor Beverley Phillips/Councillor Rob Rainer: “THAT, the Integrity Commissioner Service Annual Report – 2019 be received for information.”

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6. BY-LAWS

i) By-Law No. 2020-017: Road Naming – Cohen Way – attached, page 87.

Suggested Motion by Councillor Rob Rainer/Councillor RoxAnne Darling: “THAT, By-Law No. 2020-017, being a by-law to Amend Road Naming By-Law No. 98-87 (Christie Lake North Shore Road, Cohen Way, McKay Farm Road, Sherbrooke Drive), be read a first, second and third time short and passed and signed by the Reeve and Clerk.”

ii) By-Law No. 2020-018: Assume Cohen Way – attached, page 91.

Suggested Motion by Councillor RoxAnne Darling/Councillor Mick Wicklum: “THAT, By-Law No. 2020-018, being a by-law to Assume a Portion of an Unopened Road Allowance for Public Use (Cohen Way) be read a first, second and third time short and passed and signed by the Reeve and Clerk.”

iii) By-Law No. 2020-019: Remove Restricting Access – attached, page 96.

Suggested Motion by Councillor Mick Wicklum/Councillor Fred Dobbie: “THAT, By-Law No. 2020-019, being a by-law to Remove Restricting the Common Law Right of Passage (Part of the Unopened Road Allowance between Concession 8 & 9, South Sherbrooke – Radcliffe), be read a first, second and third time short and passed and signed by the Reeve and Clerk.”

v) By-Law No. 2020-021: Zoning By-Law Amendment – Ennis – attached, page 99.

Suggested Motion by Deputy Reeve Barrie Crampton/Councillor Gene Richardson: “THAT, By-Law No. 2020-021, being a by-law to Amend Zoning By-Law No. 2002-121 (130 Sproule Road, Part Lot 27, Concession 3, geographic Township of Bathurst), be read a first, second and third time short and passed and signed by the Reeve and Clerk.”

vi) By-Law No. 2020-022: Zoning By-Law Amendment – Oddy – attached, page 102.

Suggested Motion by Councillor Gene Richardson/Councillor Beverley Phillips: “THAT, By-Law No. 2020-022, being a by-law to Amend Zoning By-Law No. 2002-121 (719 Dunc’s Point Road, Part Lot 4, Concession 6, geographic Township of North Burgess), be read a first, second and third time short and passed and signed by the Reeve and Clerk.”

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vii) By-Law No. 2020-023: Zoning By-Law Amendment – Reilly – attached, page 105.

Suggested Motion by Councillor Beverley Phillips/Councillor Rob Rainer: “THAT, By-Law No. 2020-023, being a by-law to Amend Zoning By-Law No. 2002-121 (245 West Way Drive, Part Lot 23, Concession 6, geographic Township of North Burgess), be read a first, second and third time short and passed and signed by the Reeve and Clerk.”

7. CONFIRMATION BY-LAW

i) By-Law No. 2020-024 - Confirmation By-Law – May 19th, 2020 – attached, page 108.

Suggested Motion by Councillor Rob Rainer/Councillor RoxAnne Darling: “THAT, By-Law No. 2020-024, being a by-law to confirm the proceedings of the Council meeting held on May 19th, 2020, be read a first, second and third time short and passed and signed by the Reeve and Clerk.”

8. ADJOURNMENT

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DELEGATIONS & PRESENTATIONS

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MOTIONS

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REPORT

COUNCIL May 19, 2020

Report #PW-2020-12 Sean Ervin, Public Works Manager

IMPROVEMENTS TO UNOPENED ROAD ALLOWANCE BETWEEN CONCESSION 8 AND 9 (MABERLY) – TENDER AWARD

STAFF RECOMMENDATION(S)

It is recommended:

“THAT, Tender #2020-PW-010 – Improvements to Unopened Road Allowance Between Concession 8 & 9 (Maberly) be awarded to Crains’ Construction Limited in the amount of $28,620.00 plus H.S.T.;

AND THAT, the Reeve and Clerk be authorized to sign the necessary documentation.”

BACKGROUND

This project commenced in 2018, in order to provide access to a property so that an entrance permit and building permit could be issued. The roadway improvements to the unopened road allowance is one of the final steps to completing this project. Please refer to Report #C- 2020-04, that is also on the agenda for this meeting, for further details regarding this project.

DISCUSSION

Tender #2020-PW-010 was issued on the Townships website on April 7th, 2020. The Tender was publicly advertised via the Township’s newsfeed and within the local newspaper for two weeks. The Tender closed on April 30th, 2020 and a total of three (3) bids were received.

Listed below are the results of the bids from each of the contractors from lowest to highest price:

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Location A Company Total Tender Price (Less HST)

Crains’ Construction Ltd. $ 28,620.00

Arnott Brothers Construction Ltd. $ 38,550.00

Jones Contracting and Building Services $ 44,625.00

The scope of work for this project includes removing organic materials, placement of granular materials and the installation of two culverts.

FINANCIAL CONSIDERATIONS

As per the attached Development Agreement, this project was budgeted to an upset limit of $50,000 total, with the cost being shared equally between the Township and the Developer, more specifically $25,000 per party. The total cost is inclusive of construction, survey and legal. Further breakdown of the costs to date are as follows.

Name Cost

Survey and Legal to Date $ 6,039.95

Anticipated Legal and Advertising $2,500.00

Construction (Tendered amount) $ 28,620.00

Construction Contingency (15%) $ 4,293.00

Sub-Total $ 40,021.95

Rebated H.S.T. $ 729.57

Estimated Total to Complete Project $ 42,182.52

The Developer has previously fulfilled their obligation of the Agreement as per Section 1. b) by submitting a $10,000 deposit prior to any work being completed on this project. The Developer has also submitted the remaining $15,000 deposit to fulfill the remainder of their financial obligation. Once the project is complete, any surplus of funds will be returned by the Township to the Developer.

The Townships obligation of $25,000 was included in the 2020 Budget and is to be funded from the Development Charges Reserve.

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OPTIONS CONSIDERED

Option #1 – (Recommended) - Tender #2020-PW-0010 – Improvements to Unopened Road Allowance Between Concession 8 & 9 (Maberly) be awarded to Crains’ Construction Limited in the amount of $28,620.00 plus H.S.T. and that the Reeve and Clerk be authorized to sign the necessary documentation.

Option #2 – Not award the tender and do not perform the work. This is not recommended.

CONCLUSIONS

Staff are confident that the lowest bidder can meet the requirements specified within the Tender and therefore are recommending that the above noted Tender be awarded to Crains Construction Limited.

ATTACHMENTS i) Registered Development Agreement

Prepared and Submitted By: Approved for Submission By:

Original Signed Original Signed

Sean Ervin, Larry Donaldson, Public Works Manager Chief Administrative Officer

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REPORT

COUNCIL May 19, 2020

Report #C-2020-04 Amanda Mabo, Clerk

PROPOSED NEW ROAD NAME – COHEN WAY

STAFF RECOMMENDATION(S)

“THAT, the Road Naming By-Law No. 98-87 be amended to include “Cohen Way” within the designated roads as a seasonally maintained road;

THAT, the necessary by-law be brought forward to assume “Cohen Way” into the Township’s road network;

AND THAT, the necessary by-law be brought forward to restore the common law right of passage over the part of the Unopened Road Allowance between Concession 8 & 9, South Sherbrooke that was restricted by By-Law No. 2012-027.”

BACKGROUND

In 2018, in order to provide the required access to a property so that an entrance permit and building permit could be issued, Council agreed that the unopened road allowance between Concession 8 & 9, Part Lot 14, geographic Township of South Sherbrooke would need to be brought up to a Private Road Standard, then the unopened road allowance would need to be assumed by by-law by the Township and incorporated as part of the road system as a seasonally maintained road, as outlined in Report #C-2018-07 - Request to Close Unopened Road Allowance – Younes (attached).

To date the survey has been completed and the tender has been awarded to complete the road work. The next steps are to name the road and assume it into the Township’s road system, as well as restore the common law right of passage over that part of the unopened road allowance.

DISCUSSION

Road Naming The Heritage Property Committee will be coming to Council to make a presentation regarding the installation of a plaque in Maberly to recognize the Cohen connection, the early Jewish community & Maberly’s industrial heritage.

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Lazarus Cohen Family Property, 280 County Road 36, Maberly - (Part Lot 14, Concession 8, South Sherbrooke) (see attached map): This Maberly property has historical significance to the Township because of its direct connection to the family of Canadian poet, composer and singer Leonard Cohen. The property also epitomizes an important, little-known aspect of early South Sherbrooke Township history – the presence of a substantial community of Jewish families. The property was purchased and developed by Leonard Cohen’s great grandparents, Lazurus and Fraida Cohen, who emigrated to from Poland around 1869/71, with son, Lyon - Leonard Cohen’s eventual grandfather. The Cohen family lived, worked and raised their family in Maberly for over 20 years, before moving to Montreal about 1890, where they made major contributions to the Jewish community, and, more generally, to Canada. In Montreal, Lyon finished his education, married Rachel Friedman, and raised a family, including oldest child, Nathan Bernard Cohen. Nathan married Masha Klinitsky; their second child was Leonard Cohen, born in Montreal in 1934.

To further recognize this piece of history it is recommended that the name for the new road be “Cohen Way”.

Additional Changes to Road Naming By-Law As Council is aware staff have conducted legal searches on various roads within the Township as part of the Road Access Agreement matter. As a result, a number of amendments are required to be made to the Road Naming By-Law as follows:

 removal of McKay Farm Road as it is a private road solely within the Township of Drummond North Elmsley boundary road allowance;  Sherbrooke Drive should be a Township owned but privately maintained road, not a private road;  the end portion of Christie Lake North Shore Road is a driveway, not a Township road.

Assumption By-Law Once the road has been named it also needs to be assumed by the Township for maintenance purposes. Cohen Way will be a seasonally maintained road.

Restricting Access By-Law Once the road has been assumed the common law right of passage over that part of the unopened road allowance will need to be restored. In 2012, By-Law No. 2012-027, being a by-law Restricting the Common Law Right of Passage (Part of the Unopened Road Allowance between Concession 8 & 9, South Sherbrooke – Radcliffe) was adopted until such as time a Development Agreement providing for the use and maintenance of that part of the Unopened Road Allowance was executed by the owners of 288 Maberly-Elphin Road and the Township and registered on title. In order to ensure public safety, the Township requires property owners who wish to make use of an unopened road allowance to access their property to enter into an agreement with the Township to provide for the use and maintenance of the unopened road allowance in accordance with Township standards. (see report & by-law attached).

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OPTIONS CONSIDERED

Option #1 – Name Road – Cohen Way To further recognize the Cohen connection to Maberly it is recommended that the new road be named “Cohen Way”.

Option #2 – Name Road Something Else If Council is not in agreement with the proposed road name, Council will need to provide other suggestions.

Option #3 – Do Nothing This is not an option as the Township has entered into a Development Agreement with the property owner to bring a portion of the unopened road allowance up to a minimum standard in order that the Township assume it, which includes naming the road.

FINANCIAL CONSIDERATIONS

As outlined in Report #C-2018-07, costs of this project are being split 50/50 with the property owner.

STRATEGIC PLAN LINK

Economic Development and Tourism: The Township has thriving home-based and local businesses, resulting in lots of sustainable jobs. The Township is an attractive tourist destination

Welcoming Community: All residents feel a sense of belonging. Young families and entrepreneurs are attracted to the area. History is celebrated and diversity is welcomed.

CONCLUSIONS

As per the recommendation.

ATTACHMENTS i) Report #C-2018-07 – Request to Close Unopened Road Allowance - Younes ii) Cohen Map – 280 County Road 36 iii) Draft Road Naming By-Law iv) Draft Road Assumption By-Law v) Draft Remove Restricting the Common Law Right of Passage By-Law vi) Report #C-2012-05 - Request to Close Unopened Road Allowance – Radcliffe vii) By-Law No. 2012-027 – Restricting the Common Law Right of Passage

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Prepared and Submitted By: Approved for Submission By:

Original Signed Original Signed

Amada Mabo, Larry Donaldson, Clerk Chief Administrative Officer

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REPORT

COMMITTEE OF THE WHOLE June 5th, 2018

Report #C-2018-07 Amanda Mabo, Clerk

REQUEST TO CLOSE UNOPENED ROAD ALLOWANCE – YOUNES

STAFF RECOMMENDATION(S)

“THAT, the Applicants request to Stop Up, Close and Sell a portion of the unopened road allowance between Concession 8 & 9, Part Lot 14, geographic Township of South Sherbrooke be denied for the reasons stated in Report #C-2018-07;

THAT, the Applicants enter into the necessary agreement with the Township in order to bring the unopened road allowance up to a Private Road Standard in order that the Township can assume the road as part of the road system as a seasonally maintained road;

AND THAT, the cost associated with bringing the unopened road allowance to a Private Road Standard be shared between the Applicant and the Township.”

BACKGROUND

A written request (attached) was received from Jessica Younes and Pieter ter Haar requesting the closure of the identified portion of the unopened road allowance.

DISCUSSION

The Clerk undertook a preliminary review.

The Applicants are requesting to close this section in order to give their property frontage on a public road in order to apply for a building permit.

The Planner and Public Works Department were also consulted. The Planner expressed concern that stopping up and closing this section of road allowance would not be in keeping with the long term interest of the municipality as it would create a dead-end with no access to Maberly and would be a detriment to a number of properties further to the northeast by cutting off their potential to access Maberly Elphin Road. Closing this section of the road allowance would also negatively impact the potential future development of Maberly. Provincial, County and local planning policies all require that future growth be focused on

Page 31 of 109 settlement areas such as Maberly. To achieve efficient growth in communities such as Maberly, public road allowances provide necessary options for building new roads and subdivisions. The subject road allowance is one of the best-placed locations within the community for consideration of a new road, should the need arise in the future. It is the only publicly-owned location providing access to lands north of the within Maberly, without the need for a bridge.

Given the above planning rational, staff cannot recommend closing and selling the lands.

OPTIONS CONSIDERED

Option #1 – Maintained Road - at Applicants Cost In order to provide the required access to the Applicant’s property so that an entrance permit and building permit can be issued, the unopened road allowance would need to be brought up to a Private Road Standard, then the unopened road allowance would need to be assumed by by-law by the Township and incorporated as part of the road system, and at the very least be seasonally maintained by the Township. The cost to bring the road to the Private Road Standard would be borne by the Applicant.

Option #2 – Maintained Road - Cost to be Shard between Applicant and Township In order to provide the required access to the Applicant’s property so that an entrance permit and building permit can be issued, the unopened road allowance would need to be brought up to a Private Road Standard, then the unopened road allowance would need to be assumed by by-law by the Township and incorporated as part of the road system, and at the very least be seasonally maintained by the Township. The cost to bring the road to the Private Road Standard could be split between the Applicant and the Township.

Option #3 – Do Nothing If Option #1 and/or Option #2 are refused by the Applicant, or Council does not wish to create a seasonally maintained road at this time, the unopened road allowance would remain in the ownership of the Township and would not be used to provide access to the Applicants property and therefore the Applicants would not be able to obtain a building permit.

FINANCIAL CONSIDERATIONS

The lot needs to meet the frontage requirement for the RU zone, which is 60m (197 ft). This means that the road would need to be constructed so that it travels at least 60m across the front of the property. That’s on top of the additional distance which is needed to reach the property from the main road. A total of approximately 152m (500 ft) is required.

The approximate cost to bring 152 metres of the road up to a private road standard is $50,000 which includes the installation of two culverts, a 10% contingency and 13% HST.

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CONCLUSIONS

The Applicants wish to proceed with Option #2, which is to share the costs between the Applicant and the Township. They would not be in a position to undertake Option #1.

ATTACHMENTS i) Written Request ii) Map

Prepared and Submitted By: Approved for Submission By:

Original Signed Original Signed

Amada Mabo, Larry Donaldson, Clerk Chief Administrative Officer

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Cohen Map

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THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2020-XXX

BEING A BY-LAW TO AMEND ROAD NAMING BY-LAW NO. 98-87 (CHRISTIE LAKE NORTH SHORE ROAD, COHEN WAY, MCKAY FARM ROAD, SHERBROOKE DRIVE)

WHEREAS, Section 31 (2) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that after January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money;

AND WHEREAS, a portion of Christie Lake North Shore Road is a driveway and not a Municipal Road;

AND WHEREAS, Cohen Way is a new road within Tay Valley Township;

AND WHEREAS, McKay Farm Road is entirely in the Township of Drummond North Elmsley;

AND WHEREAS, Sherbrooke Drive is an unassumed subdivision road that is owned by the Township but privately maintained;

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Tay Valley Township enacts as follows:

1. GENERAL REGULATIONS

1.1 THAT, the Location and Description for Christie Lake North Shore Road in Schedule “A”, Sherbrooke Ward, Municipal Roads to Road Naming By-Law No. 98-87 be amended to read as follows:

From County Road 6 - Althorpe Road/Christie Lake Road to the Lot Line between #1283 and #1352 Christie Lake North Shore Road.

1.2 THAT, Cohen Way, located within the geographic Township of South Sherbrooke, as shown on Schedule “A” attached, be included within the designated roads as set out in the Road Naming By-Law No. 98-87.

1.3 THAT, the Location and Description for Cohen Way in Schedule “A”, Sherbrooke Ward, Municipal Roads to Road Naming By-Law No. 98-87 read as follows:

From County Road 36 - Maberly-Elphin Road for approximately 500 feet.

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-XXX

1.4 THAT, McKay Farm Road be removed from Road Naming By-Law No. 98-87.

1.5 THAT, Sherbrooke Drive be removed from Schedule “B” Sherbrooke Ward, Private Roads Names and Letters and added to Schedule “A” Sherbrooke Ward, Municipal Roads under the following heading with the following description:

CARSON SUBDIVISION Sherbrooke Drive From Crow Lake Road to the Boundary between Tay Valley Township and the Township of Central Frontenac

1.6 THAT, Schedule “B” Sherbrooke Ward, Private Roads Names and Letters be amended to include Sherbrooke Drive A with the following description:

Exit from Sherbrooke Drive

1.7 THAT, Schedule “B” Sherbrooke Ward, Private Roads Names and Letters be amended to include Sherbrooke Drive B with the following description:

Exit from Sherbrooke Drive

1.8 THAT, the Clerk be authorized to register a certified copy of this by-law on title in the Land Registry Office.

2. ULTRA VIRES

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

3. BY-LAWS TO BE AMENDED

3.1 By-Law No. 98-87 is hereby amended.

3.2 All by-laws or parts thereof and resolutions passed prior to this by-law which are in contravention of any terms of this by-law are hereby rescinded.

4. EFFECTIVE DATE

4.1 THAT, this by-law shall come into force and effect with the posting of the applicable Road Signage and when a certified copy of this by-law has been registered at the Land Registry Office.

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-XXX

4.2 ENACTED AND PASSED this XXth day of XX 2020.

______Brian Campbell, Reeve Amanda Mabo, Clerk

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-XXX

SCHEDULE “A”

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THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2020-0XX ASSUME PORTION OF UNOPENED ROAD ALLOWANCE FOR PUBLIC USE (COHEN WAY)

WHEREAS, Section 27 (1) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that except as otherwise provided in the Act, a municipality may pass by-laws in respect of a highway, only if it has jurisdiction over the highway;

AND WHEREAS, Section 28 (2) (b) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that, the municipality has jurisdiction over all road allowances located in the municipality that were made by the Crown surveyors;

AND WHEREAS, Section 31 (4) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that a municipality may by by-law assume an unopened road allowance made by the Crown surveyors for public use;

AND WHEREAS, a portion of an unopened road allowance has been brought up to a Private Road Standard to provide access to a property so that an entrance permit and building permit could be issued;

AND WHEREAS, the portion of the unopened road allowance has been named Cohen Way;

AND WHEREAS, the municipality deems it expedient to assume Cohen Way for maintenance purposes;

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Tay Valley Township enacts as follows:

1. GENERAL REGULATIONS

1.1 THAT, Cohen Way, described in Schedule “A” and as shown on Schedule “B” attached, be assumed for public use as a highway in Tay Valley Township.

1.2 THAT, Cohen Way is more particularly described as Part 1 on Plan 27R11349 being part of PIN 05206-0150 (LT), attached hereto as Schedule “C” and shall be for information purposes only and does not form part of this By-Law.

2. ULTRA VIRES

Should any sections of this by-law, including any section or part of any schedules attached hereto, be declared by a court of competent jurisdiction to be ultra vires, the remaining sections shall nevertheless remain valid and binding. 42 of 109

THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-0XX

3. EFFECTIVE DATE

ENACTED AND PASSED this XX day of XX, 2020.

______Brian Campbell, Reeve Amanda Mabo, Clerk

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-0XX

SCHEDULE “A”

DESCRIPTION OF PORTION OF UNOPENED ROAD ALLOWANCE TO BE ASSUMED: ______

COHEN WAY

PART OF PIN 05206-0150 (LT)

PART OF RDAL BTN CON 8&9 SOUTH SHERBROOKE LYING E OF PT 1, RS78778, W OF THE SE EXT OF THE W LIMIT OF THE RDAL BTN LT 15&16; TAY VALLEY TOWNSHIP

PT 1, PLAN 27R11349

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-0XX

SCHEDULE “B”

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-0XX

SCHEDULE “C”

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THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2020-0XX

REMOVE RESTRICTING THE COMMON LAW RIGHT OF PASSAGE (PART OF THE UNOPENED ROAD ALLOWANCE BETWEEN CONCESSION 8 & 9, SOUTH SHERBROOKE - RADCLIFFE)

WHEREAS, Section 35 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that without limiting section 9, 10 and 11, a municipality may pass by-laws removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway;

AND WHEREAS, the unopened road allowance between Concession 8 and 9, geographic Township of South Sherbrooke, geographically located between the Maberly-Elphin Road and Doran Road (the “Unopened Road Allowance”) was laid out as an original road allowance by the Crown surveyors;

AND WHEREAS, Section 26 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that road allowances for roads made by the Crown surveyors are public highways;

AND WHEREAS, in order to ensure public safety, Tay Valley Township (the “Township”) requires property owners who wish to make use of an unopened road allowance to access their property to enter into an agreement with the Township to provide for the use and maintenance of the unopened road allowance in accordance with Township standards (a “Development Agreement”);

AND WHEREAS, the owners of the property at 288 Maberly-Elphin Road refused to sign a Development Agreement with respect to the use of the Unopened Road Allowance to access their property;

AND WHEREAS, the Council of the Corporation of Tay Valley Township determined that the common law right of passage over the part of the Unopened Road Allowance shown on the Sketch, attached as Schedule “A” to this By-Law, should be removed and access to the Unopened Road Allowance restricted until such time as a Development Agreement providing for the use and maintenance of the part of the Unopened Road Allowance shown on the Sketch, attached as Schedule “A” to this By-Law, is executed by the owners of 288 Maberly- Elphin Road and the Township and registered on title;

AND WHEREAS, the Township had determined that a sign should be posted at the intersection of the Unopened Road Allowance and the Maberly-Elphin Road informing the public that the Unopened Road Allowance has not been assumed by the Township and that access is not permitted;

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-0XX

AND WHEREAS, the Council of the Corporation of Tay Valley Township enacted By-Law No. 2012-027, a by-law Restricting the Common Law Right of Passage (Part of the Unopened Road Allowance between Concession 8 & 9, South Sherbrook – Radcliffe;

AND WHEREAS, the Council of the Corporation of Tay Valley Township recently enacted By-Law No. 2020-XXX, a by-law to Assume a Portion of an Unopened Road Allowance for Public Use (Cohen Way);

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley Township enacts as follows:

1. GENERAL REGULATIONS

1.1 THAT, the common law right of passage over that part of the Unopened Road Allowance as shown on the Sketch, attached as Schedule “A” to this By-Law, be restored now that that portion of the unopened road allowance has been assumed for public use by By-Law No. 2020-0XX.

1.2 THAT, the sign posted at the intersection of the Unopened Road Allowance and Maberly-Elphin Road informing the public that the Unopened Road Allowance has not been assumed by the Township and that access is not permitted be removed.

2. ULTRA VIRES

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

3. EFFECTIVE DATE

3.1 ENACTED AND PASSED this XX day of XX, 2020.

______Brian Campbell, Reeve Amanda Mabo, Clerk

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-0XX

SCHEDULE “A” SKETCH

382

M a 472 b e r ly E lp h in Part of the Unopened Road Allowance R d Common Law Right of Passage Removed 472

318 459

314 288

290 244 308 280 234 305 182 172 244 231 299 205 Mab 291 erly E Fall River 235 lphin R 297 t 193 S 249 in a 183 M 293 y 2009 rl e b 2015 a M 22110 2017

7 492 107 Hwy 107

300 107 22097 49 of 109

To: Reeve Kerr and Members of Council

From: Amanda Mabo, Clerk

Date: April 17th, 2012

Re: Report #C-2012-05 Request to Close Unopened Road Allowance – Radcliffe

STAFF RECOMMENDATION

“THAT, Council declares the portion of the unopened road allowance between Concession 8 and 9, geographic Township of South Sherbrooke, geographically located North of the Maberly-Elphin Road to where Lot 14 in Concession 9 ends (approximately 625 metres), surplus to the Township needs and identified in Report #C-2012-05;

THAT, Council agrees to proceed to stop up, close and sell the said portion of the unopened road allowance as per the Road Closing and Sale Policy and call a Public Meeting;

THAT, the Township be responsible for the costs associated with the survey, legal and advertising costs;

AND THAT, the purchase price of $0.01 per square foot be accepted and charged to the buyers of the said lands should the sale be finalized.”

BACKGROUND

In January of 2009 Severance Application #B08/157 was approved by the Lanark County Land Division Committee, which allowed Bryan and Kimberly Radcliffe to obtain a lot addition to their property to accommodate a replacement septic system at 288 Maberly-Elphin Road (a County Road).

During the file review it was discovered that 288 Maberly-Elphin Road did not have frontage on a municipally maintained road (County or Township). Access to this property, which has an existing structure, has been via a portion of an unopened road allowance. In 2009, Township Staff worked with the Radcliffe’s to develop an agreement for the use of the said portion of the unopened road allowance and By-Law No. 2009-035 was adopted by Council.

DISCUSSION

In 2012, when the Planning Department was reviewing outstanding files it was discovered that only the Township had signed the agreement. As a result, Staff contacted legal counsel to determine the next steps.

The Township’s main goal is to protect itself from the potential risk and liability of having someone use Township property as their driveway. The concern is that there is no agreement in place to determine exactly what the Township’s responsibilities are versus the Page 50 of 109

responsibilities of those using the unopened road allowance. If the Township were to be found even 1% liable, they may be responsible for 100% of the costs of a claim. A Development Agreement would clarify these responsibilities.

This is not the first instance where the Township has entered into a Development Agreement for similar situations, the most recent being the Kenney File.

In discussions with legal counsel it was determined that a letter be sent to the Radcliffe’s requesting that the Development Agreement (which was brought up to current standards) for the use of a portion of the unopened road allowance between Concessions 8 & 9, Part Lot 14, geographic Township of South Sherbrooke which is currently being used as a driveway to access their property at 288 Maberly-Elphin Road be signed by a specific date, May 18th, 2012.

The Radcliffe’s were informed that if the agreement was not signed and delivered to the Municipal Office by the specified date, the Township would be obligated to pass a by-law prohibiting access on that portion of the unopened road allowance and to erect a sign to that effect. The purpose of the by-law prohibiting access is to remove all liability from the Township. The Radcliffe’s and anyone else using the driveway on the road allowance would then be doing so at their own risk. This option however would still allow them to use their driveway.

Since the letter was sent, Kimberly Radcliffe and her neighbour Mark Van Alstine met with the Clerk. Mr. Van Alstine also uses the unopened road allowance to access his three parcels of land for farming purposes and therefore has an interest in the outcome of this situation.

Mrs. Radcliffe informed the Clerk that the Radcliffe’s will not sign the agreement as they do not wish to assume any liability or pay for insurance or any other costs related to the agreement. Their view is that the former Township allowed the previous owners to obtain a building permit and an entrance permit to the property and therefore the Township should take responsibility for correcting their mistake. Mrs. Radcliffe and Mr. Van Alstine proposed that a portion of the unopened road allowance be stopped up, closed and sold to each of them in order to rectify the situation (identified in yellow on the last map). However, they believe the Township should bear the costs of this closure and will only proceed if that occurs.

OPTIONS

Option #1 – Stop Up, Close & Sell a Portion of the Unopened Road Allowance As Council is aware, there is a policy that Staff are to follow with regards to the closing of a road. This policy requires the applicant to pay for the entire cost. The Radcliffe’s and Mr. Van Alstine will only proceed with this option if the Township bears the costs. However, this is the preferred option of the Radcliffe’s and Mr. Van Alstine and they would like Council to consider paying for the closing, due to the circumstances.

Regardless of who ends of paying for the costs, the Clerk has undertaken a preliminary review. The Planner and Public Works Superintendent were also consulted. If Council chose Page 51 of 109

to proceed with the closing, Staff would recommend proceeding with closing the identified portion (identified in yellow on the last map).

In addition, if Council were to proceed with this option, Staff would recommend that at the very least, the Radcliffe’s and Mr. Van Alstine pay the purchase price of$0.01 per square foot that has been utilized in recent applications as the Township is selling public land and should be fairly compensated. The sale of the land is also outside the costs related to correcting the current situation; the sale of the land is an added benefit for both the Radcliffe’s and Mr. Van Alstine that enhances their current properties.

Option #2 – Pass a By-Law Prohibiting Access Because the property has historically been accessed via the unopened road allowance and contains a residence, the Township may not want to cut off access; however the Township must protect itself against the potential risk and liability. Since the Radcliffe’s are refusing to sign the development agreement, the Township should pass a By-Law that would prohibit access on that road allowance and erect a sign to that effect. This would remove all liability from the Township. The Radcliffe’s and anyone else using the driveway on the road allowance would then be doing so at their own risk. This option would still allow them to use their driveway.

FINANCIAL CONSIDERATIONS

Option #1 – Pass a By-Law Prohibiting Access There will be minimal costs associated with registering the by-law.

Option #2 - Stop Up, Close & Sell a Portion of the Unopened Road Allowance There are costs associated with the survey, legal and advertising that would amount to no more than $2,000.

The purchase price would probably be around $500, but could not be determined until the survey was undertaken.

ATTACHMENTS i) By-Law #2009-035 ii) Maps

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318 459

314 288

290 244 308 280 234 305 182 172 244 231 299 M 205 aberly E 291 Fall River 235 lphin R 297 t 193 S 249 in a 183 M 293 y 2009 rl e b 2015 a M 22110 2017

7 492 107 Hwy 107

300 107 22097

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THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2012-027

RESTRICTING THE COMMON LAW RIGHT OF PASSAGE (PART OF THE UNOPENED ROAD ALLOWANCE BETWEEN CONCESSION 8 & 9, SOUTH SHERBROOKE - RADCLIFFE)

WHEREAS, Section 35 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that without limiting section 9, 10 and 11, a municipality may pass by-laws removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway;

AND WHEREAS, the unopened road allowance between Concession 8 and 9, geographic Township of South Sherbrooke, geographically located between the Maberly-Elphin Road and Doran Road (the “Unopened Road Allowance”)was laid out as an original road allowance by the Crown surveyors;

AND WHEREAS, Section 26 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that road allowances for roads made by the Crown surveyors are public highways;

AND WHEREAS, in order to ensure public safety, Tay Valley Township (the “Township”) requires property owners who wish to make use of an unopened road allowance to access their property to enter into an agreement with the Township to provide for the use and maintenance of the unopened road allowance in accordance with Township standards (a “Development Agreement”);

AND WHEREAS, the owners of the property at 288 Maberly-Elphin Road have refused to sign a Development Agreement with respect to the use of the Unopened Road Allowance to access their property;

AND WHEREAS, the Council of the Corporation of Tay Valley Township has determined that the common law right of passage over the part of the Unopened Road Allowance shown on the Sketch, attached as Schedule “A” to this By-Law, should be removed and access to the Unopened Road Allowance restricted until such time as a Development Agreement providing for the use and maintenance of the part of the Unopened Road Allowance shown on the Sketch, attached as Schedule “A” to this By-Law, is executed by the owners of 288 Maberly- Elphin Road and the Township and registered on title;

AND WHEREAS, the Township has determined that a sign should be posted at the intersection of the Unopened Road Allowance and the Maberly-Elphin Road informing the public that the Unopened Road Allowance has not been assumed by the Township and that access is not permitted;

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2012-027

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley Township enacts as follows:

1. GENERAL REGULATIONS

1.1 THAT, the common law right of passage over that part of the Unopened Road Allowance as shown on the Sketch, attached as Schedule “A” to this By-Law, be removed until such time as the owners of 288 Maberly-Elphin Road have entered into a Development Agreement with Tay Valley Township and such agreement is registered on title.

1.2 THAT, a sign be posted at the intersection of the Unopened Road Allowance and Maberly-Elphin Road informing the public that the Unopened Road Allowance has not been assumed by the Township and that access is not permitted.

2. ULTRA VIRES

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

3. EFFECTIVE DATE

3.1 ENACTED AND PASSED this 12th day of June, 2012.

______Keith Kerr, Reeve Amanda Mabo, Clerk

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2012-027

SCHEDULE “A” SKETCH

382

M a 472 b e r ly E lp h in R d Part of the Unopened Road Allowance Common472 Law Right of Passage Removed

318 459

314 288

290 244 308 280 234 305 182 172 244 231 299 M 205 aberly E 291 Fall River 235 lphin R 297 t 193 S 249 in a 183 M 293 y 2009 rl e b 2015 a M 22110 2017

7 492 107 Hwy 107

300 107 22097

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REPORT

COUNCIL May 19, 2020

Report #PD-2020-22 Noelle Reeve, Planner

CONSENT APPLICATION NUMBERS: B20/022, B20/023 OWNER: DAVID and YVONNE SWEATMAN

STAFF RECOMMENDATION

“THAT, the Council of Tay Valley Township recommend to the Land Division Committee of Lanark County that the Severance Applications for Sweatman B20/022 and B20/023 (Con 1, Part Lot 10, geographic Township of Bathurst) be approved subject to the following conditions:

That, the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township.

That, the applicant pay any outstanding fees to the Township prior to final approval.

That, two (2) copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township for each severance, both hard copy and electronically;

That, the applicant shall obtain a Civic Address Number and Entrance Permits for the severed lands from Tay Valley Township;

That, payment shall be made to Tay Valley Township representing Cash-in-Lieu of Parklands.”

BACKGROUND

The proposal in application B20/022 is to sever a vacant 2.02 ha (5.0 acre) corner lot for residential purposes with 120.9m road frontage along Menzies Munro Side Rd. and 172.5m road frontage along the Bathurst 2nd Concession. The proposal in application B20/023 is to sever a vacant 2.03 ha (5.01 acre) lot beside B20/022 with 129.6m road frontage on Menzies Munro Side Rd.

The retained lot contains an existing dwelling, garage, sheds, pool and a gazebo on approximately 23.85 ha with 440m of road frontage on Bathurst 2nd Concession, 17m road frontage on Menzies Munro Side Road, and approximately 550m of water frontage along the Page 63 of 109

Tay River. There is also some floodplain regulation limit along the southern edge of the proposed retained parcel.

Neither proposed lot has water frontage and they are not within the flood regulation area.

DISCUSSION

Consistent with Provincial Policy Statement Yes Conforms to Official Plan Yes Complies with Zoning By-Law Yes Recommend consent for this application Yes Recommended Conditions for the severance:

 Payment of all taxes owing  Payment of all costs incurred by the Township for review  Two copies of the Deed/Transfer  Two copies of the reference plan  The applicant obtain Civic Address Numbers and Entrance Permits for the severed lots.  That payment for the severed lots shall be made to Tay Valley Township representing Cash-in-Lieu of Parklands.”

PROVINCIAL POLICY STATEMENT

No concerns. Sections 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns; 2.1 Natural Heritage; 2.2 Water; and 3.1 Protecting Public Health and Safety – Natural Hazards are satisfied.

COUNTY SUSTAINABLE COMMUNITY PLAN

No concerns.

OFFICIAL PLAN

The proposed severed lots are designated Rural. The residential rural use proposed on the severed lots is permitted. The rural residential use on the retained lot is proposed to remain the same. The provisions of Sections 5.2.2 and 5.2.3 Land Division are met. Frontage is provided on a public road owned by the Township and entrance permits have been discussed with the Township Public Works Manager.

ZONING BY-LAW

The proposed severed parcel and retained lot are zoned Rural (RU). A minimum lot area of 1.0 ha and 60 m of road frontage are required for lots within the Rural zone. The proposed severed and retained lots exceed these requirements.

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RIDEAU VALLEY CONSERVATION AUTHORITY (RVCA)

RVCA has no objection. Water quality within this portion of the Tay River Watershed is very good and has improved between the 2006 and 2017 monitoring period. To continue keeping water quality at this level, the report recommends continuing with best management practices including minimizing stormwater runoff, enhancing shoreline buffers, minimizing fertilizer and restricting livestock access.

This property, as are most in Tay Valley, is located over a highly vulnerable aquifer so care should be taken to avoid practices that would have a negative effect on groundwater.

RVCA suggests the owners of the retained lot consider taking advantage of the RVCA’s tree planting programs.

MISSISSIPPI RIDEAU SEPTIC SYSTEM OFFICE (MRSSO)

MRSSO has no objections. Any new septic system must be greater than 30m from a waterbody.

CONCLUSION

The Planner recommends that the consents be granted, subject to the conditions listed in the Staff Recommendation section above.

ATTACHMENT i) Lanark County Land Division Application, cover and map.

Prepared and Submitted By: Approved for Submission By:

Original Signed Original Signed

Noelle Reeve, Larry Donaldson, Planner Chief Administrative Officer

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REPORT

COUNCIL MEETING May 19th, 2020

Report #FIN-2020-07 Ashley Liznick, Treasurer

INSURANCE ASSESSMENT CONSULTANT

STAFF RECOMMENDATION(S)

It is recommended:

“THAT, Tay Valley Township participate jointly with the County of Lanark to secure an insurance assessment consultant, specifically Cameron & Associates, to review the Township’s insurance policies and conduct a Request For Proposals, with such coverage to take effect December 31, 2020;

AND THAT, Tay Valley’s portion of applicable fees be financed from the 2020 budget line - other contracted services”.

BACKGROUND

In 2017 Tay Valley, in conjunction with County of Lanark, followed the same process that is proposed in this report, in that an Insurance Assessment Consultant, Cameron & Associates, were retained to review our insurance policies and RFP for insurance coverage. During that process AON Reed Stenhouse Inc. was appointed the insurance broker for a three-year term commencing December 31, 2017 and expiring on December 31, 2020.

The County of Lanark is again proposing to use an Insurance Assessment Consultant, and has invited the lower tier municipalities to join in. Cameron & Associates provided these services back in 2017. The County CAO has provided verbal information to County Council with respect to increased costs and the initiative of doing an RFP for the renewal in 2020. This initiative will be brought forward to County Council in the following months. If the County proceeds with using Cameron & Associates as an Insurance Assessment Consultant this would make an excellent opportunity for Tay Valley to review our insurance policies as well. Savings may be achieved due to consortium volumes and policy reviews.

During the last review in 2017, Cameron & Associates completed the following tasks on behalf of the County of Lanark and the lower tier municipalities of Tay Valley Township and Township of :

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1. The collection of up to date underwriting information and to formulate a Request for Proposal for insurance (not medical, dental or life insurance). 2. Request for Proposal process – assist with bidders questions during the proposal process and assist with the issue of an addendum if required, review and analyze submissions and obtain clarification where necessary.

When the insurance coverage contract was awarded to AON the Township saw significant savings (over 30%). However municipalities were advised in the Fall of 2019 that the insurance market was hardening. Despite a great claims record, the Township received an overall premium increase of 15% from AON. They originally quoted an increase of 40%-60%. The County of Lanark saw such a significant increase it basically put them back to where they were before making the switch to AON in 2017. Tay Valley’s increase was not as high because our policy starts on December 31st and some of the insurance mandates were not effective until January 1st (which is why the County saw larger increases than ourselves). It is likely inevitable that we will see another significant increase when we renew for December 31st, 2020, but an open competition should guarantee the best value. The market for general municipal liability insurance only has a select few companies thus the need to properly explore all options for proper coverage.

DISCUSSION

Previously when we used Cameron & Associates and proceeded jointly with the County it was a smooth process. They were very knowledgeable and easy to work with. Insurance coverage clauses can be very complex and are best to be evaluated by an insurance professional. Hiring an Insurance Assessment Consultant will ensure that the Township’s insurance needs are being met while evaluating the submissions received.

Cameron & Associates have already provided the County with a quote for services which includes:

1. Update the RFP document prepared in 2017 to 2020 requirements. This would include updating the terms, conditions and deliverables of the RFP, and updating templates that are included with the RFP. Adding underwriting content to these templates is part of Service 3. 2. Confirm coverage and services objectives with each participating municipality; this includes expanding current coverage, changes in limits and deductibles or adding new policies. 3. Review all participants’ applications and assist to update asset and operations data for underwriters’ review. The templates used in 2017 would be updated for completion on behalf of each participant. 4. Review claims histories and confirm that all reserves, payments and deductibles are correctly accounted for. 5. Assist the participants to respond to Proponents’ questions post RFP release. 6. Review contents of all proposals received and assist participants with their individual reviews of the coverage, premium and services proposed and final selection. 7. Provide a summary report of the process engaged and final results.

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The above services are based on all participating municipalities seeking the same form of insurance, e.g., an existing insurance program with Marsh, AON, FCC or BFL, but with each making an individual selection.

Three (3) Participants (equivalent to 2017 RFP), the total fee would be Service 1 – update RFP deliverables and templates $2,600 Service 2 through 7 – as described above $10,800 $13,400 or $4,467 per participant Note: The above does not include HST or Disbursements, however we would only incur the latter at the request of, and with the prior approval of the participants.

This fee could reduce slightly if other lower tier municipalities joined. Currently at the time of writing this report it would be the County of Lanark, Town of Carleton Place, and ourselves.

Their quotation does not include any of the following tasks, however they would be pleased to provide a separate quotation should we be interested in one or more of these services.  Reserve adequacy review or determining the disposition of any claim requiring us to review the claim’s file contents  Review of internal risk management protocols and practices  Review of external adjusting services  Verifying accuracy of asset values

OPTIONS CONSIDERED

Option #1 – (recommended)

That Council authorize Tay Valley Township to participate jointly with the County of Lanark to secure an insurance assessment consultant, specifically Cameron and Associates, to review the Township’s insurance policies and conduct a Request for Proposals, with such coverage to take effect December 31, 2020; and

That Tay Valley’s portion of applicable fees be funded from the 2020 budget line other contracted services.

Option #2 – (not recommended)

Instruct the Treasurer to issue our own insurance RFP. This option is not recommended as coverage clauses can be very complicated and would be a huge task to adequately prepare and analyze a RFP of this magnitude and complexity.

Option #3 – (not recommended)

Instruct the Treasurer to continue and renew with AON and not issue an RFP for insurance at this time. This option is not recommended because if in the future we decide to RFP for insurance we could possibly not align with the County or even another municipality to do a joint RFP and hire a consultant.

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STRATEGIC PLAN LINK

No direct link.

FINANCIAL CONSIDERATIONS

The County and local municipalities will share the cost of the consultant and actual costs will depend on how many of the local municipalities join in on this initiative, however they are estimating a cost of $4,467 currently.

Due to timing, not all of the local municipalities will be interested in participating (i.e. some municipalities have recently completed their own RFP’s and others have different renewal dates). At the time of writing this report the Town of Carleton Place has also joined the County in this process.

The RFP issued by the insurance assessment consultant, Cameron & Associates, will provide each local municipality with the services listed above to their organization. All participating municipalities will be provided with the flexibility to choose the insurance carrier of their choice as well as the applicable deductible amounts.

The Township’s share of the insurance assessment consultant fees can be funded from the 2020 budget line other contracted services.

CONCLUSIONS

Joining the County of Lanark for this project would provide the County and local municipalities involved an expert to issue an insurance RFP, analyze submissions and provide a fully developed rationale for a recommendation to Council(s).

ATTACHMENTS

None

Prepared and Submitted By: Approved for Submission By:

Original Signed Original Signed

Ashley Liznick, Larry Donaldson, Treasurer Chief Administrative Officer

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COUNCIL COMMUNICATION PACKAGE March 25th, 2020

1. Township of Tyendinaga: Resolution – Peaceful Conclusion to Rail Disruptions and Solution to Costal GasLink Project – attached, page 2.

2. Tay Valley Township: Building Permits (Approval Granted Date) February 29th, 2020 – attached, page 3.

3. Ministry of Energy, Northern Development and Mines: Natural Gas Expansion Support Program – attached, page 4.

4. Municipality of West Nipissing: Resolution - Legislative Changes in Bill 132 – attached page 5.

5. AMO: Queen’s Park Update – attached, page 8.

6. Town of Kirkland Lake: Bill 156: Security from Trespass and Protecting Food Safety Act – attached, page 11.

7. Municipal Engineers Association: Municipal Engineers Association 202 Bursey Awards Program – attached, page 13.

8. MPAC: Communication Kit # 1 – attached, page 20.

9. Norfolk County: Issues Regarding the Mapping of Provincially Significant Wetlands (PSWs) – attached, page 21.

10. Grey County: Resolution – Supporting 100% Canadian Wines Excise Exemption – attached, page 22.

11. Municipality of Callander: Resolution – Waive Restrictions on Electronic Participation in Council Meetings – attached, page 23.

12. Fort Erie: Resolution – Request Government to Waive Restrictions on Electronic Participation in Council Meetings – attached, page 24.

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COUNCIL COMMUNICATION PACKAGE March 30th, 2020

1. Solicitor General: Emergency Management and Civil Protection Act - Emergency Orders and Questions and Answers for Enforcement Personnel – attached, page 2.

2. Ministry of Finance: ’s Action Plan: Responding to COVID-19 - Property Tax Initiatives – attached, page 8.

3. Environment and Land Tribunals Ontario: Adjournment of Hearing Events – Suspension of Timelines – attached, page 11.

4. AMO: Draft Community Benefit Charge/Development Charge Regulatory Proposal and Provincial Policy Statement Posted – attached, page 12.

5. AMO: Ontario’s Flooding Strategy Release – attached, page 14.

6. AMO: Queen’s Park Update – Much Activity and New Legislation of Municipal Interest – attached, page 16.

7. AMO: COVID-19 Update: Emergency Management and Civil Protection Act Invoked - attached, page 18.

8. AMO: Queen’s Park Update – New Provincial Legislation to Allow Virtual Municipal Council Meetings – attached, page 20.

9. AMO: COVID-19: AMO Update – attached, page 22.

10. AMO: AMO COVID-19 Update – Social Services Funding – attached, page 24.

11. AMO: COVID-19 Update: Revised Essential Services List and Other New COVID-19 Related Items You Need to Know – attached, page 26.

12. AMO: March 2020 Economic and Fiscal Update – attached, page 27.

13. Municipal Finance Officers Association: Provincial Economic and Fiscal Update 2020 – Ontario’s Action Plan 2020: Responding to COVID-19 – attached, page 29.

14. AMCTO: Ontario 2020 Fiscal Update – attached, page 35.

15. AMO: COVID-19 Update: New COVID-19 Related Items You Need to Know Today – attached, page 38.

Page 73 of 109

COUNCIL COMMUNICATION PACKAGE April 15th, 2020

1. Ministry of Agriculture, Food and Rural Affairs: Line Fences Act – attached, page 2.

2. Municipality of Grey Highlands: Resolution – Electronic Delegations – attached, page 3.

3. Town of Kingsville: Resolution – Electricity Billing Relief During COVID-19 – attached, page 4.

4. Town of Perth: Recreation Facility Summary 2019 – attached, page 5.

5. Town of Midland: Federal Funds to Municipalities to Waive Property Taxes for 2020 – attached, page 23.

6. AMO: COVID-19 Update: Bill 189, Coronavirus Support and Protection Act, 2020 Receives Royal Assent – attached, page 25.

7. Perth & Smiths Falls District Hospital: COVID-19 General Information Update – April 9, 2020 – attached, page 27

8. AMO: COVID-19 Update: Recovery – attached, page 29.

9. Attorney General: Revision to Emergency Order, O. Reg. 73/20 – attached, page 31.

10. Ministry of Municipal Affairs and Housing: Suspension of Specified Timelines – attached, page 32.

11. Leeds, Grenville & Lanark District Health Unit: Farmers Markets During COVID-19 – attached, page 34.

Page 74 of 109

COUNCIL COMMUNICATION PACKAGE April 22nd, 2020

1. Mississippi Valley Conservation Authority: Highlights from Board of Directors Meeting – attached, page 2.

2. AMO: Covid Update – Staff Reassignment Flexibility Provided – attached, page 4.

3. Township of North Dumfries: Resolution – Suspend Time of Use Electricity Billing – attached, page 6.

4. Township of Perth South: Resolution – Provincially Significant Wetlands Designation – attached, page 8.

5. Ministry of Municipal Affairs and Housing: Labour Deployment – attached, page 15.

6. Bell 9-1-1 Services: Bulletin 2020 – COVID-19 Impacts to NG9-1-1 Production Launch Date – attached, page 18.

7. EORN: Request for Proposal to Tackle Cellular Dead Zones Across Eastern Ontario – attached, page 20.

8. Ministry of Municipal Affairs and Housing: Provincial Policy Statement, 2020 – Overview of New Policies – attached, page 23.

9. Watson & Associates Economists Ltd: Watson Submission to Province Regarding Updated Draft Regulations for Development Charges and Community Benefits Charge – attached, page 42.

10. Township of Mapleton: Resolution – Request Province to Review Farm Property Class Tax Rate Program – attached, page 43.

11. Rideau Valley Conservation Authority: Rural Clean Water Grants Program – attached, page 54.

Page 75 of 109

COUNCIL COMMUNICATION PACKAGE May 4th, 2020

1. Destination Ontario: Impact of COVID-19 on the Canadian Economy & Consumer Sentiment as of April 7, 2020 – attached, page 2.

2. Destination Ontario: Impact of COVID-19 on the Canadian Economy & Consumer Sentiment as of April 15, 2020 – attached, page 12.

3. Ministry for Seniors and Accessibility: Launch of Ontario Community Support Program – attached, page 24.

4. AMO: COVID-19 Update – Municipal Fiscal Issues and Other Items of Municipal Interest – attached, page 26.

5. City of Kingston: Resolution – Local Flexibility to Provincial Orders – attached, page 29.

6. District Municipality of Muskoka: Resolution – Request Province to Add Community Gardens, Garden Centres & Nurseries as Essential Services – attached, page 31.

7. Town of Gravenhurst: Resolution - Request Province to Add Community Gardens, Garden Centres & Nurseries as Essential Services – attached, page 32.

8. MPAC: Municipal Update – attached, page 33.

9. Township of Armour: Resolution – High Speed Internet Connectivity in Rural Ontario – attached, page 36.

10. AMO: COVID-19 Update – What You Need to Know Today – Provincial Re-Opening Approach, PPE Access, LTC Orders, Increased COVID Pay &Community Gardens – attached, page 39.

11. City of Hamilton: Resolution – Request to Regulate & Enforce Odour and Lighting Nuisances Related to the Cultivation of Cannabis Plans – attached, page 43.

12. YAK Youth Services: Thank you for Financial Support for YAK – attached, page 52.

13. AMO: AMO Releases OPP Detachment Boards Discussion Paper – attached, page 54.

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BY-LAWS

Page 86 of 109

THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2020-017

BEING A BY-LAW TO AMEND ROAD NAMING BY-LAW NO. 98-87 (CHRISTIE LAKE NORTH SHORE ROAD, COHEN WAY, MCKAY FARM ROAD, SHERBROOKE DRIVE)

WHEREAS, Section 31 (2) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that after January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money;

AND WHEREAS, a portion of Christie Lake North Shore Road is a driveway and not a Municipal Road;

AND WHEREAS, Cohen Way is a new road within Tay Valley Township;

AND WHEREAS, McKay Farm Road is entirely in the Township of Drummond North Elmsley;

AND WHEREAS, Sherbrooke Drive is an unassumed subdivision road that is owned by the Township but privately maintained;

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Tay Valley Township enacts as follows:

1. GENERAL REGULATIONS

1.1 THAT, the Location and Description for Christie Lake North Shore Road in Schedule “A”, Sherbrooke Ward, Municipal Roads to Road Naming By-Law No. 98-87 be amended to read as follows:

From County Road 6 - Althorpe Road/Christie Lake Road to the Lot Line between #1283 and #1352 Christie Lake North Shore Road.

1.2 THAT, Cohen Way, located within the geographic Township of South Sherbrooke, as shown on Schedule “A” attached, be included within the designated roads as set out in the Road Naming By-Law No. 98-87.

1.3 THAT, the Location and Description for Cohen Way in Schedule “A”, Sherbrooke Ward, Municipal Roads to Road Naming By-Law No. 98-87 read as follows:

From County Road 36 - Maberly-Elphin Road for approximately 500 feet.

Page 87 of 109

THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-017

1.4 THAT, McKay Farm Road be removed from Road Naming By-Law No. 98-87.

1.5 THAT, Sherbrooke Drive be removed from Schedule “B” Sherbrooke Ward, Private Roads Names and Letters and added to Schedule “A” Sherbrooke Ward, Municipal Roads under the following heading with the following description:

CARSON SUBDIVISION Sherbrooke Drive From Crow Lake Road to the Boundary between Tay Valley Township and the Township of Central Frontenac

1.6 THAT, Schedule “B” Sherbrooke Ward, Private Roads Names and Letters be amended to include Sherbrooke Drive A with the following description:

Exit from Sherbrooke Drive

1.7 THAT, Schedule “B” Sherbrooke Ward, Private Roads Names and Letters be amended to include Sherbrooke Drive B with the following description:

Exit from Sherbrooke Drive

1.8 THAT, the Clerk be authorized to register a certified copy of this by-law on title in the Land Registry Office.

2. ULTRA VIRES

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

3. BY-LAWS TO BE AMENDED

3.1 By-Law No. 98-87 is hereby amended.

3.2 All by-laws or parts thereof and resolutions passed prior to this by-law which are in contravention of any terms of this by-law are hereby rescinded.

4. EFFECTIVE DATE

4.1 THAT, this by-law shall come into force and effect with the posting of the applicable Road Signage and when a certified copy of this by-law has been registered at the Land Registry Office.

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-017

5. EFFECTIVE DATE

5.1 THAT, this by-law shall come into force and effect with the posting of the applicable Road Signage and when a certified copy of this by-law has been registered at the Land Registry Office.

5.2 ENACTED AND PASSED this 19th day of May 2020.

______Brian Campbell, Reeve Amanda Mabo, Clerk

Page 89 of 109

THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-017

SCHEDULE “A”

472

318

M aaa bbb eee rrr rlylyly

EE l lllppp hhh 314 ininin

459 RR ddd

308 288

yyy aa WW nn een hhe ooh Co CC

290 280

308

244

270 305 244

dd hhiiinn RR y EElllpph bbeerrrllyly Maab 299

291 297

245 271

261 ttt SSS 2009 S 293 n iinnin aaa MM

y llyyly rrr eee bbb a 2020 aaa MM

Page 90 of 109

THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2020-018 ASSUME PORTION OF UNOPENED ROAD ALLOWANCE FOR PUBLIC USE (COHEN WAY)

WHEREAS, Section 27 (1) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that except as otherwise provided in the Act, a municipality may pass by-laws in respect of a highway, only if it has jurisdiction over the highway;

AND WHEREAS, Section 28 (2) (b) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that, the municipality has jurisdiction over all road allowances located in the municipality that were made by the Crown surveyors;

AND WHEREAS, Section 31 (4) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that a municipality may by by-law assume an unopened road allowance made by the Crown surveyors for public use;

AND WHEREAS, a portion of an unopened road allowance has been brought up to a Private Road Standard to provide access to a property so that an entrance permit and building permit could be issued;

AND WHEREAS, the portion of the unopened road allowance has been named Cohen Way;

AND WHEREAS, the municipality deems it expedient to assume Cohen Way for maintenance purposes;

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Tay Valley Township enacts as follows:

1. GENERAL REGULATIONS

1.1 THAT, Cohen Way, described in Schedule “A” and as shown on Schedule “B” attached, be assumed for public use as a highway in Tay Valley Township.

1.2 THAT, Cohen Way is more particularly described as Part 1 on Plan 27R11349 being part of PIN 05206-0150 (LT), attached hereto as Schedule “C” and shall be for information purposes only and does not form part of this By-Law.

2. ULTRA VIRES

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

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-018

3. EFFECTIVE DATE

ENACTED AND PASSED this 19th day of May, 2020.

______Brian Campbell, Reeve Amanda Mabo, Clerk

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-018

SCHEDULE “A”

DESCRIPTION OF PORTION OF UNOPENED ROAD ALLOWANCE TO BE ASSUMED: ______

COHEN WAY

PART OF PIN 05206-0150 (LT)

PART OF RDAL BTN CON 8&9 SOUTH SHERBROOKE LYING E OF PT 1, RS78778, W OF THE SE EXT OF THE W LIMIT OF THE RDAL BTN LT 15&16; TAY VALLEY TOWNSHIP

PT 1, PLAN 27R11349

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-018

SCHEDULE “B”

472

318

M aaa bbb eee rrr rlylyly

EE l lllppp hhh 314 ininin

459 RR ddd

308 288

yyy aa WW nn een hhe ooh Co CC

290 280

308

244

270 305 244

dd hhiiinn RR y EElllpph bbeerrrllyly Maab 299

291 297

245 271

261 ttt SSS 2009 S 293 n iinnin aaa MM

y llyyly rrr eee bbb a 2020 aaa MM

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-018

SCHEDULE “C”

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THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2020-019

REMOVE RESTRICTING THE COMMON LAW RIGHT OF PASSAGE (PART OF THE UNOPENED ROAD ALLOWANCE BETWEEN CONCESSION 8 & 9, SOUTH SHERBROOKE - RADCLIFFE)

WHEREAS, Section 35 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that without limiting section 9, 10 and 11, a municipality may pass by-laws removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway;

AND WHEREAS, the unopened road allowance between Concession 8 and 9, geographic Township of South Sherbrooke, geographically located between the Maberly-Elphin Road and Doran Road (the “Unopened Road Allowance”) was laid out as an original road allowance by the Crown surveyors;

AND WHEREAS, Section 26 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that road allowances for roads made by the Crown surveyors are public highways;

AND WHEREAS, in order to ensure public safety, Tay Valley Township (the “Township”) requires property owners who wish to make use of an unopened road allowance to access their property to enter into an agreement with the Township to provide for the use and maintenance of the unopened road allowance in accordance with Township standards (a “Development Agreement”);

AND WHEREAS, the owners of the property at 288 Maberly-Elphin Road refused to sign a Development Agreement with respect to the use of the Unopened Road Allowance to access their property;

AND WHEREAS, the Council of the Corporation of Tay Valley Township determined that the common law right of passage over the part of the Unopened Road Allowance shown on the Sketch, attached as Schedule “A” to this By-Law, should be removed and access to the Unopened Road Allowance restricted until such time as a Development Agreement providing for the use and maintenance of the part of the Unopened Road Allowance shown on the Sketch, attached as Schedule “A” to this By-Law, is executed by the owners of 288 Maberly- Elphin Road and the Township and registered on title;

AND WHEREAS, the Township had determined that a sign should be posted at the intersection of the Unopened Road Allowance and the Maberly-Elphin Road informing the public that the Unopened Road Allowance has not been assumed by the Township and that access is not permitted;

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-019

AND WHEREAS, the Council of the Corporation of Tay Valley Township enacted By-Law No. 2012-027, a by-law Restricting the Common Law Right of Passage (Part of the Unopened Road Allowance between Concession 8 & 9, South Sherbrook – Radcliffe;

AND WHEREAS, the Council of the Corporation of Tay Valley Township recently enacted By-Law No. 2020-018, a by-law to Assume a Portion of an Unopened Road Allowance for Public Use (Cohen Way);

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley Township enacts as follows:

1. GENERAL REGULATIONS

1.1 THAT, the common law right of passage over that part of the Unopened Road Allowance as shown on the Sketch, attached as Schedule “A” to this By-Law, be restored now that that portion of the unopened road allowance has been assumed for public use by By-Law No. 2020-018.

1.2 THAT, the sign posted at the intersection of the Unopened Road Allowance and Maberly-Elphin Road informing the public that the Unopened Road Allowance has not been assumed by the Township and that access is not permitted be removed.

2. ULTRA VIRES

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

3. EFFECTIVE DATE

3.1 ENACTED AND PASSED this 19th day of May, 2020.

______Brian Campbell, Reeve Amanda Mabo, Clerk

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-019

SCHEDULE “A” - SKETCH

382

M a 472 b e r ly E lp h in Part of the Unopened Road Allowance R d Common Law Right of Passage Removed 472

318 459

314 288

290 244 308 280 234 305 182 172 244 231 299 205 Mab 291 erly E Fall River 235 lphin R 297 t 193 S 249 in 183 Ma 293 y 2009 rl e b 2015 a M 22110 2017

7 492 107 Hwy 107

300 107 22097

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THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2020-021

A BY-LAW TO AMEND ZONING BY-LAW NO. 2002-121, AS AMENDED (ENNIS – 130 SPROULE ROAD) (PART LOT 27, CONCESSION 3, GEOGRAPHIC TOWNSHIP OF BATHURST)

WHEREAS, the Planning Act, R.S.O. 1990, Chapter P.13 Section 34 as amended, provides that the Councils of local municipalities may enact by-laws regulating the use of land and the erection, location and use of buildings and structures within the municipality;

AND WHEREAS, By-Law No. 2002-121, as amended, regulates the use of land and the erection, location and use of buildings and structures within Tay Valley Township;

AND WHEREAS, the Council of the Corporation of Tay Valley Township deems it advisable to amend By-Law No. 2002-121, as amended, as hereinafter set out;

AND WHEREAS, this By-Law implements the policies and intentions of the Official Plan for Tay Valley Township;

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley Township enacts as follows:

1. GENERAL REGULATIONS

1.1 THAT, By-Law No. 2002-121, as amended, is further amended by amending the zoning from Commercial to Commercial Exception-3 (C-3) on the lands legally described as Part Lot 27, Concession 3, Geographic Township of Bathurst, now in Tay Valley Township, County of Lanark (Roll #091191601543805), in accordance with Schedule “A” attached hereto and forming part of this By-Law.

1.2 THAT, By-Law No. 2002-121, as amended, is further amended by adding the following new subsection at the end of Section 6.1.4 (Exception Zones):

3. C-3 (Part Lot 27, Concession 3, Bathurst)

Notwithstanding the provisions of Section 6.1.1, on the lands zoned C-3 the following provision shall prevail:

 Permitted uses shall include an additional accessory dwelling unit

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-021

1.3 THAT, all other applicable standards and requirements of By-Law No. 2002-121 shall continue to apply to the subject property.

1.4 THAT, this By-Law shall come into force and effect with the passing thereof, in accordance with the Planning Act, as amended.

2. ULTRA VIRES

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

3. EFFECTIVE DATE

ENACTED AND PASSED this 19th day of May, 2020.

______Brian Campbell, Reeve Amanda Mabo, Clerk

Page 100 of 109

THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-021

SCHEDULE “A”

Ennis – 130 Sproule Road Part Lot 27, Concession 3 Geographic Township of Bathurst Tay Valley Township

Area(s) Subject to the By-Law Certificate of Authentication

To amend the Zoning provisions of This is Schedule “A” to By-Law 2020-021 Commercial (C) to passed this 19th day of May, 2020. Commercial Exception (C-3)

______Reeve Clerk

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THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2020-022

A BY-LAW TO AMEND ZONING BY-LAW NO. 2002-121, AS AMENDED (ODDY – 719 Dunc’s Point Road) (PART LOT 4, CONCESSION 6, GEOGRAPHIC TOWNSHIP OF NORTH BURGESS)

WHEREAS, the Planning Act, R.S.O. 1990, Chapter P.13 Section 34 as amended, provides that the Councils of local municipalities may enact by-laws regulating the use of land and the erection, location and use of buildings and structures within the municipality;

AND WHEREAS, By-Law No. 2002-121, as amended, regulates the use of land and the erection, location and use of buildings and structures within Tay Valley Township;

AND WHEREAS, the Council of the Corporation of Tay Valley Township deems it advisable to amend By-Law No. 2002-12, as amended, as hereinafter set out;

AND WHEREAS, this By-Law implements the polices and intentions of the Official Plan for Tay Valley Township;

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley Township enacts as follows:

1. GENERAL REGULATIONS

1.1 THAT, By-Law No. 2002-121, as amended, is further amended by amending the zoning from Seasonal Residential (RS) to Residential Limited Services Exception (RLS-179) on the lands legally described as Part Lot 4, Concession 6, Geographic Township of North Burgess, now in Tay Valley Township, County of Lanark (Roll #091191102526600), in accordance with Schedule “A” attached hereto and forming part of this By-Law.

1.2 THAT, By-Law No. 2002-121, as amended, is further amended by adding the following new subsection at the end of Section 5.1.4 (Special Exception Zones):

179. RLS-179 (Part Lot 4, Concession 6, North Burgess)

Notwithstanding the provisions of Sections 5.1.2 and 3.29, on the lands zoned RLS-179 the following provision shall prevail:

 Water Setback (minimum) 11.9 m

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-022

1.3 THAT, all other applicable standards and requirements of By-Law No. 2002-121 shall continue to apply to the subject property.

1.4 THAT, this By-Law shall come into force and effect with the passing thereof, in accordance with the Planning Act, as amended.

2. ULTRA VIRES

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

3. EFFECTIVE DATE

ENACTED AND PASSED this 19th day of May 2020.

______Brian Campbell, Reeve Amanda Mabo, Clerk

Page 103 of 109

THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-022

SCHEDULE “A”

719 Dunc’s Point Road Part Lot 4, Concession 6 Geographic Township of North Burgess Tay Valley Township

Area(s) Subject to the By-Law Certificate of Authentication

To amend the Zoning provisions Seasonal This is Schedule “A” to By-Law 2020-022 Residential (RS) to Residential Limited Services passed this 19thday of May 2020. Special Exception (RLS-179)

______Reeve Clerk

Page 104 of 109

THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2020-023

A BY-LAW TO AMEND ZONING BY-LAW NO. 2002-121, AS AMENDED (Reilly – 245 West Way Drive) (PART LOT 23, CONCESSION 6, GEOGRAPHIC TOWNSHIP OF NORTH BURGESS)

WHEREAS, the Planning Act, R.S.O. 1990, Chapter P.13 Section 34 as amended, provides that the Councils of local municipalities may enact by-laws regulating the use of land and the erection, location and use of buildings and structures within the municipality;

AND WHEREAS, By-Law No. 2002-121, as amended, regulates the use of land and the erection, location and use of buildings and structures within Tay Valley Township;

AND WHEREAS, the Council of the Corporation of Tay Valley Township deems it advisable to amend By-Law No. 2002-121, as amended, as hereinafter set out;

AND WHEREAS, this By-Law implements the policies and intentions of the Official Plan for Tay Valley Township;

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley Township enacts as follows:

1. GENERAL REGULATIONS

1.1 THAT, By-Law No. 2002-121, as amended, is further amended by amending the zoning from Seasonal Residential (RS) to Residential Limited Services Exception (RLS-178) on the lands legally described as Part Lot 23, Concession 6, Geographic Township of North Burgess, now in Tay Valley Township, County of Lanark (Roll #091191102077000 and 091191102076700 now consolidated), in accordance with Schedule “A” attached hereto and forming part of this By-Law.

1.2 THAT, By-Law No. 2002-121, as amended, is further amended by adding the following new subsection at the end of Section 5.1.4 (Exception Zones):

178. RLS-178 (Part Lot 23, Concession 6, North Burgess)

Notwithstanding the provisions of Section 5.1.2, 3.29 and 3.30, on the lands zoned RLS-178 the following provision shall prevail:

 Water setback (minimum) 15m  No encroachment shall be permitted into the minimum required water setback. Page 105 of 109

THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-023

1.3 THAT, all other applicable standards and requirements of By-Law No. 2002-121 shall continue to apply to the subject property.

1.4 THAT, this By-Law shall come into force and effect with the passing thereof, in accordance with the Planning Act, as amended.

2. ULTRA VIRES

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

3. EFFECTIVE DATE

ENACTED AND PASSED this 19th day of May, 2020.

______Brian Campbell, Reeve Amanda Mabo, Clerk

Page 106 of 109

THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-023

SCHEDULE “A”

Reilly – 245 West Way Drive Part Lot 23, Concession 6 Geographic Township of North Burgess Tay Valley Township

Area(s) Subject to the By-Law Certificate of Authentication

To amend the Zoning provisions of This is Schedule “A” to By-Law 2020-023 Seasonal Residential (RS) to passed this 19th day of May, 2020. Residential Limited Services Exception (RLS-178)

______Reeve Clerk

Page 107 of 109

THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2020-024

A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF TAY VALLEY TOWNSHIP AT ITS MEETING HELD ON MAY 19TH, 2020

WHEREAS, Section 5 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the powers of a municipality shall be exercised by its council;

AND WHEREAS, Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act;

AND WHEREAS, Section 5(3), provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 9, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise;

AND WHEREAS, it is deemed expedient that the proceedings of the Council of the Corporation of Tay Valley Township at its meeting be confirmed and adopted by By-Law;

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley Township enacts as follows:

1. GENERAL REGULATIONS

1.1 THAT, the actions of the Council of the Corporation of Tay Valley Township at its meeting held on the 19th day of May, 2020 in respect of each motion and resolution passed and other action taken by the Council of the Corporation of Tay Valley Township at its meetings is hereby adopted and confirmed as if all such proceedings were expressly embodied in this By-Law.

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

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2020-024

1.3 THAT, the Reeve and/or Deputy Reeve and Clerk and/or Deputy Clerk are hereby authorized and directed to execute all documents necessary in that behalf and to affix thereto the Seal of the Corporation of Tay Valley Township.

2. ULTRA VIRES

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

3. EFFECTIVE DATE

ENACTED AND PASSED this 19th day of May, 2020.

______Brian Campbell, Reeve Amanda Mabo, Clerk

Page 109 of 109