Council Agenda Monday, August 26, 2019 Closed Session 2:30 Pm Open Session 3:00 Pm

Township of Centre Wellington Council Agenda Monday, August 26, 2019 Closed Session 2:30 pm Open Session 3:00 pm

Council Chamber, 1 MacDonald Square, Elora Page

1. CALL TO ORDER

2. DISCLOSURE OF PECUNIARY INTEREST UNDER THE MUNICIPAL CONFLICT OF INTEREST ACT

3. CLOSED SESSION

3.1 THAT the Council of the Township of Centre Wellington convene in closed session in accordance with section 239(2)(e)&(f) of the Municipal Act 2001, as amended, to consider litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; and advice that is subject to solicitor client privilege.

4. RECONVENE IN OPEN SESSION

5. MATTERS ARISING FROM CLOSED SESSION

6. PRESENTATIONS/ANNOUNCEMENTS

6.1 Development Charges Workshop 6 - 32 Presentation by Gary Scandlan, Watson & Associates Economists Ltd Presentation - DC Education Workshop - Watson & Associates

6.2 RECESS AND RESUME AT 7:00 pm

County Wide Service Review Kick Off Presentation by Bruce Peever, KPMG

6.3 Mayor's County Council Report

6.4 Councillor's Committee Updates

7. CONFIRMATION OF AGENDA

7.1 Recommendation: THAT Council of the Township of Centre Wellington confirm the agenda for

Page 1 of 201 the meeting held August 26, 2019.

8. CONFIRMATION OF MINUTES

8.1 Public Meeting Under the Planning Act - Committee of the Whole - 17 Jul 33 - 52 2019 - Minutes - Pdf Council - 29 Jul 2019 - Minutes - Pdf Recommendation: THAT the minutes of the Committee of the Whole meeting held July 17, 2019 and the Council meeting held July 29, 2019 be adopted as circulated.

9. DELEGATIONS

10. CONSIDERATION OF REPORTS

10.1 Partial Demolition at Listed Property – 210 Chalmers Street, Elora (Front 53 - 55 and Side Porches) Report from M. Iglesias, Senior Planner PLN2019-48 - Pdf Recommendation: THAT the Council of the Township of Centre Wellington approve the partial demolition request for the uncovered front porch and enclosed side porch and associated steps at the listed property municipally known as 210 Chalmers Street, Elora, in the Township of Centre Wellington;

AND THAT the property municipally known as 210 Chalmers Street, Elora, remain on the Township’s Municipal Heritage Register.

10.2 Subdivision Agreement Phase 3 of Granwood Subdivision 56 - 94 Report from B. Salmon, Managing Director of Planning & Development PLN2019-46 - Pdf Recommendation: THAT the Council of the Township of Centre Wellington authorize the Mayor and Clerk to execute a subdivision agreement between the Corporation and Wrighthaven Homes Limited.

10.3 Zoning Amendment RZ03/19 (Highland Pines Campground) 95 - 98 Report from B. Salmon, Managing Director of Planning & Development PLN2019-51 - Pdf Recommendation: THAT the Council of the Township of Centre Wellington approves application RZ03/19;

Page 2 of 201 AND THAT a by-law to amend By-law 2009-045 be given three readings.

10.4 Community Impact Grants 99 - Report from D. Smith, Manager of Community Development, Festivals, 107 Culture & Tourism Community Impact Grants - Pdf Recommendation: THAT the Council of the Township of Centre Wellington approve a preliminary 2020 grant budget allocation of $75,000 with category allocation, subject to final budget approval, as follows:

Community Impact Grants (Township budget allocation $49,450) Specific Annual Grants (Township budget allocation $25,550)

10.5 Bissell Park Multi-Use Pad MacDonald Project 108 - Report from P. Newson, Managing Director of Community Services 133 CS2019-11 - Pdf Recommendation: THAT the Council of the Township of Centre Wellington approve the revision of the MacDonald Trust Fund Application for the Bissell Park Upgrades for the multi use surface, submitted by The Elora Rockers and the Elora Lions Club, to amend the recipients of the funding to include a third recipient: Keating Construction Inc.

AND FURTHER THAT as a condition of receiving the MacDonald Trust Funding, the Elora Rockers, The Elora Lions Club and Keating Construction Inc. provide to the Township a Joint Venture Agreement between all three recipients that reflects the relationship as joint recipients.

10.6 Amending Agreement Victoria Park Elora Licence Agreement 134 - Report from P. Newson, Managing Director of Community Services 148 CS2019-10 - Pdf

Recommendation: THAT the Council of the Township of Centre Wellington Council authorizes the Mayor and Clerk to execute an Amending Agreement between the Township and Grand River Conservation Authority (GRCA) for the Licencing Agreement for Victoria Park (Elora) lands.

10.7 Renaming of Victoria St Bridge to Jack R MacDonald Bridge 149 - Report from A. Goldie, Chief Administrative Officer 150 CAO2019-06 - Pdf Recommendation: THAT the Council of the Township of Centre Wellington rename the Victoria Street Bridge to the Jack R MacDonald Bridge in recognition of the

Page 3 of 201 generous donation to the Township.

10.8 Special Report from the Integrity Commissioner: Process for Providing 151 - Advice to Members 154 Report from K. O'Kane, Manager of Legislative Services / Municipal Clerk COR2019-56 - Pdf Recommendation: THAT the Council of the Township of Centre Wellington directs the Integrity Commissioner to include in the relevant statement of account, the surname of the Member who made a request for advice under paragraph 4,5,6 of subsection 223.3(1) of The Municipal Act, provided confidentiality is maintained and the Integrity Commissioner reveals no information about the nature of the request or the content of the advice.

10.9 Application for Toll Booth - Elora Firefighters 155 - Report from L. Miller, Supervisor of Customer Service / Deputy Clerk 157 COR2018-58 - Pdf Recommendation: THAT the Council of the Township of Centre Wellington authorizes the Mayor and Clerk to execute a by-law authorizing a fundraising activity in the form of soliciting by a toll booth on Metcalfe Street in Elora, on Saturday, September 21, 2019 from 8:00 a.m. to 4:00 p.m. by the Elora Firefighters Association on behalf of Muscular Dystrophy Canada.

10.10 Application for a Noise By-law Exemption - Weller 158 Report from L. Miller, Supervisor of Customer Service / Deputy Clerk COR2019 - Pdf Recommendation: THAT the Council of the Township of Centre Wellington approves the request from Teresa Weller for an exemption to By-law 5001-05, the Noise By-law for the Township of Centre Wellington, to permit the amplification of music at 20 Hill Street, Elora on September 7, 2019 between 11:00 pm and 1:00 am for a Wedding Reception;

AND THAT the applicant ensure neighbouring property owners are notified in advance of the event.

11. INFORMATION ITEMS

11.1 By-law Enforcement Annual Report - 2018 159 - Report from S. Chauhan, Municipal Law Enforcement Officer 165 COR2019-66 - Pdf

11.2 By-law Enforcement Procedures 166 - Report from K. O'Kane, Manager of Legislative Services / Municipal Clerk 184

Page 4 of 201 COR2019-65 - Pdf

11.3 Operating Results - June 30, 2019 185 - Report from M. Bradey, Financial Manager / Deputy Treasurer 194 COR2019-68 - Pdf

11.4 Capital Projects Status - June 30, 2019 195 - Report from M. Bradey, Financial Manager / Deputy Treasurer 201 COR2019-67 - Pdf

12. BY-LAWS

12.1 2019-46 A By-law to authorize a fund raising activity in the form of soliciting by a toll booth on the Metcalfe Street Bridge in Elora

2019-47 A By-law to amend By-law 2010-076, to amend the Victoria Park Maintenance and Management Agreement between the Grand River Conservation Authority and The Corporation of the Township of Centre Wellington

2019-48 A By-law to amend the Township of Centre Wellington Zoning By- law 2009-045, as amended, to change the zoning of certain lands from “M3” to “CG.35.5”.

2019-49 A By-law to authorize the Mayor and Clerk to execute a Subdivision Agreement between Wrighthaven Homes Limited and The Corporation of the Township of Centre Wellington.

2019-50 A By-law to rename the Victoria Street Pedestrian Street Bridge the Jack R. MacDonald Bridge. Recommendation: THAT By-laws 2019-46 through 2019-50 be read a first, second and third time and passed, signed by the Mayor and Clerk and the Corporate Seal affixed.

13. CONFIRMATORY BY-LAW

13.1 A By-law to confirm the actions of Council Recommendation: THAT By-law 2019-51 to Confirm the Proceedings of Council at its meeting held August 26, 2019 be introduced a first, second and third time and passed in open Council.

14. ADJOURN

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Township of Centre Wellington

Council D.C. Education Workshop August 26, 2019

Agenda

• D.C. Overview • D.C. History & Recent Changes to the Act • D.C. Methodology • Consideration of Area Rating • Understanding the Growth Forecast • Local Services • Approach to the Calculation of the Charge • Other Matters • Survey of D.C. Rates • Questions

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Development Charges (D.C.)

Purpose: • To recover the capital costs associated with residential and non- residential growth within a municipality • The capital costs are in addition to what costs would normally be constructed as part of a subdivision (i.e. internal roads, sewers, watermains, roads, sidewalks, streetlights, etc.) • Municipalities are empowered to impose these charges via the Development Charges Act (D.C.A.)

Financial Impact of Growth – How Do D.C.s Help

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Relationship Between Needs to Service Growth vs. Funding

Service New Growth/Users

Rates, Taxes, Development Reserves, Charges etc.

D.C. History & Recent Changes to the D.C.A. – Bill 108

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History of D.C.’s

Jan. 2016 to Mid 1950’s to June 6, 2019 Nov. 1989 to Sept. 1999 to present – 1989 – – Bill 108 Aug.1999 – present – D.C.A., 1997 Planning Act receives D.C.A, 1989 D.C.A., 1997 amended by (lot levies) royal assent Bill 73

Bill 108: “More Homes, More Choice: Ontario's Housing Supply Action Plan” The following provides a brief overview of the proposed changes to the Development Charges Act (known as of June 6, 2019): • Changes to eligible services • Soft Services will be removed from the DCA and will be considered as part of a new Community Benefits Charge imposed under the Planning Act (i.e. parking, outdoor recreation, indoor recreation, library services, etc.) • Payment in Installments: • Over six years for rental housing, as well as non-residential developments will pay their DC in six equal annual installments • Over 20 years for non-profit housing, will pay their DC in equal annual installments • When DC Amount is Determined • Currently DCs are calculated at the building permit stage. The proposed change would have DCs calculated on the date of the application for Site Plan or zoning amendment

8 8

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Bill 108: “More Homes, More Choice: Ontario's Housing Supply Action Plan” Community Benefit Charge (for soft services – outdoor recreation, indoor recreation, library and soft service admin studies ) • Municipality may, by by-law, impose community benefits charges against land to pay for the capital costs of facilities, services and matters required because of development or redevelopment in the area to which the by-law applies • These services may not include services authorized by the DCA • The amount of a community benefits charge payable shall not exceed an amount equal to the prescribed percentage of the value of the land as of the valuation date • The valuation date is the day before building permit issuance • All money received by the municipality under a community benefits charge by-law shall be paid into a special account • Transitional provisions are set out regarding the DC reserve funds and DC credits Note that the Ministry of Municipal Affairs and Housing has hired a vendor to develop a preliminary methodology and draft percentages for the province’s consideration related to the Community Benefit Charge. The Ministry has also established a CBC Technical Consultation Group that will provide critical insight to the Ministry and assistance in guiding the work of the vendor. Meetings of the Technical Group have begun and will continue through the summer and early fall. 9 9

Bill 108: “More Homes, More Choice: Ontario's Housing Supply Action Plan” Transitional Policies

1) Pass a new D.C. By-law; or 2) Pass a new D.C. By-law for hard ser- Pass a new D.C. By-law for vices and amend the existing D.C. By- hard services and a new C.B.C. law to remove hard services (i.e. leave By-law for soft services soft services charges in place)

May 2, 2019 Proclamation Bill 108 First Reading (Date unknown) 2 4

1 3 June 6, 2019 Prescribed Date for C.B.C. Bill 108 Royal Assent (January 1, 2021)

Pass a new D.C. By-law Pass a new hard services D.C. By-law and amend the existing D.C. By-law to retain charge for soft services (until a CBC by-law is passed).

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Methodology to DC Calculations

Methodology

1. Identify amount, type and location of growth 2. Identify servicing needs to accommodate growth 3. Identify capital costs to provide services to meet the needs 4. Deduct: i. Grants, subsidies and other contributions ii. Benefit to existing development iii. Statutory 10% deduction (soft services) iv. Amounts in excess of 10-year historical service calculation v. D.C. Reserve funds (where applicable) 5. Net costs then allocated between residential and non-residential benefit 6. Net costs divided by growth to calculate the D.C.

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Overview of the D.C. Calculation

Development Charge per Unit Cost of Infrastructure (for Residential Growth) Required to Accommodate Growth $ Development Charges

Residential and Non- residential Growth Development Charge per Sq.ft. (for Non-residential Growth)

Council Resolution on Methodology

• When the D.C. by-law was passed in 2018, Council also passed the following resolution: • “That staff be directed to investigate new categories for non-residential development in the next complete Development Charges Study that takes into consideration the amount of overall use of water/wastewater based on the potential number of customers/visitors, employees and activities on site that may result in a higher consumption of water/wastewater.” • Note: Based on existing D.C. by-laws throughout the Province, no other municipality has calculated on this basis.

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Strengths & Limitations to Council’s Requested Methodology

Strengths: • Ability to vary the charge to potentially better reflect the required infrastructure needs for different types of development activities. Limitations: • Current master plans do not embrace this methodology. Master Plans would need to be updated which would result in a much longer study process. • Assistance of an engineering firm would be required to gain insights to be able to estimate growth based on these parameters. • Potential changes of use in the future from a low water user to a high-water user or vice versa may result in issues with the sizing of pipes, storage, pumping stations, and/or treatment capacity being over or undersized. • Basing water/wastewater needs on number of employees/visitors may not reflect the actual consumption or discharge of water/wastewater. • Ability to justify at an L.P.A.T. hearing. 15

Non-Residential Rate Categories

• The Township has historically calculated one rate for all forms of non- residential development. • Calculating separate non-residential rates for specific categories of development may better align the charge to the type of development. • These calculations can be easily undertaken as growth information will be available to undertake these types of differentiated charges. • Commonly differentiated charges include: • Retail/non-retail charges • Typically the retail charge is higher than the non-retail (industrial, institutional, non-retail commercial) charge • Industrial/Non-industrial charges • Typically, the non-industrial charge is higher than the industrial charge • Industrial/Commercial/Institutional charges

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Consideration of Area Rating

Legislated requirements as per Bill 73: • Requires that municipalities must examine the use of area- rating but is not mandatory to impose. • While there are no specific “prescribed” services, this section identified that the background study must consider this to reflect the different needs for different areas.

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Area Rating vs. Municipal-wide – General Perspectives • Municipal-wide: • Charges collected for a service can be spent anywhere throughout the municipality (or service area) without restriction. • A wider collection area results in a larger pool of D.C. revenue that can be used to fund growth-related projects sooner or to minimize the need for debt. • Fewer appeals to the D.C. by-law from developers occur, given their preference for the municipal-wide approach to funding growth-related infrastructure. • Collecting funds in one area and spending in another area may provide a perceived inequity as a result of the geographic separation.

Area Rating vs. Municipal-wide – General Perspectives • Area Specific: • Defining D.C. collection by individual areas ensures investment of those funds is in the areas where development is occurring. • Infrastructure that is to be funded from D.C.s may be delayed in areas where growth is not occurring. • Higher charge in one area vs. another may impact competitiveness where housing sales prices are similar for competing areas. • Area-specific D.C.s may encourage more development in built-up areas through increased densities and infill as D.C. rates may be lower in these areas. • Area-specific D.C.s increase the administrative requirements for the City related to accounting and reporting purposes (e.g. WW - one pooled service vs. many separate service areas). • Area-specific D.C.s can also increase the complexity where there are differing charges based on the services applicable and/or service areas that a development is located • Area-specific D.C.s may require additional debenture financing as funds are isolated to individual areas thus removing the ability to pool or access other D.C. contributions. 20

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Area Rating vs. Municipal-wide – General Perspectives

• Non-Water/Wastewater/Stormwater Services • Services require a 10-year service standard to be calculated to establish an upper ceiling on the amount which can be collected from development. In the case of area specific charges, the average service standard is multiplied by the growth within the area to establish the area specific ceiling which significantly reduces the total revenue recoverable. • Area specific charges potentially cause equity issues transitioning from Municipal-wide to area specific. • Many services provided are not restricted to one specific area and are often used by all residents (e.g. roads, parks, recreation, library, fire, etc.).

Understanding the Growth Forecast

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D.C.A. Requirements for Growth

• Several sections of the Act provide the framework for establishing the growth forecast: • S.5(1)5 – “The anticipated amount, type and location of development, for which development charges can be imposed, must be estimated” • S. 5(1)2 – “The increase in the need for service attributable to the anticipated development must be estimated for each service” • S. 5(1)4 – limited to a 10 year planning horizon for all services except Water, Wastewater, Stormwater, Services related to a highway, Fire, Police (and Toronto-York subway extension within Toronto)

D.C.A. Requirements for Growth

• The DCA speaks to “development” not population and employment growth (in certain instances you may have unit growth but no population growth) • Growth forecast can be longer for certain services, for example: • 20 years • To Official Plan build out • To servicing capacity (say for water or wastewater) • Other forecast • In certain instances, services may only be provided in certain areas…the forecast for that service would only be for that service area (e.g. for water, wastewater or storm)

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Centre Wellington Growth Forecast

• For purposes of this presentation, the 2018 growth forecast will be shown however, the draft 2019 Growth Forecast will be available in the coming months for review. • This D.C. study will be focused on updating Services Related to a Highway, Water Services, Wastewater Services, Fire Protection Services, along with related studies. The time horizon for the growth forecast will be aligned with the 2041 growth forecasts used for the recent master plans (i.e. Water Supply, Fire, Transportation and Active Transportation) • Note that County lands may be included in the growth forecast based on further discussions related to existing plans/potential growth plans over the forecast period. 25

2018 Growth Forecast

Figure A-1

Annual Housing Forecast¹ 400 378

350 338

300 280 280 280

250 240 240 240 240 240 240

213 200 180 166

150 136 141 125 Housing Units

100 96 75 66 50

Years

Historical Low Density Medium Density High Density Historical Average

Source: Historical housing activity (2005-2016) based on Statistics Canada building permits, Catalogue 64-001-XIB 1 Growth forecast represents calendar year.

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2018 Growth Forecast - Residential

Schedule 1 Township of Centre Wellington Residential Growth Forecast Summary

Excluding Census Undercount Housing Units Person Per Persons in Population Unit (P.P.U.): Population Private (Including Singles & Equivalent Total Year Institutional Excluding Multiple Total Households/ Census Population Semi- Apartments3 Other Institutional Population/ Population Institutional Dwellings2 Households Total Undercount)¹ Detached Households Total Population Households Households

Mid-2006 27,120 26,049 349 25,700 7,660 505 1,185 185 9,535 317 2.732 2.695

Mid-2011 27,790 26,693 483 26,210 7,930 445 1,350 220 9,945 439 2.684 2.635

Historical Mid-2016 29,340 28,191 556 27,635 8,445 685 1,535 160 10,825 505 2.604 2.553

Early-2018 30,850 29,635 585 29,050 8,769 802 1,642 160 11,373 532 2.606 2.554

Late-2027 38,350 36,838 708 36,130 10,657 1,328 1,927 160 14,072 644 2.618 2.568 Forecast Mid-2031 43,260 41,559 820 40,739 11,867 1,677 2,117 160 15,821 745 2.627 2.575 Mid-2006 - Mid-2011 670 644 134 510 270 -60 165 35 410 122

Mid-2011 - Mid-2016 1,550 1,498 73 1,425 515 240 185 -60 880 66

Mid-2016 - Early-2018 1,510 1,444 29 1,415 324 117 107 0 548 26

Early-2018 - Late-2027 7,500 7,203 123 7,080 1,888 526 285 0 2,699 112 Incremental Early-2018 - Mid-2031 12,410 11,924 235 11,689 3,098 875 475 0 4,448 213 Source: Watson & Associates Economists Ltd., 2018. Forecast derived from Wellington County Population, Household, and Employment Forecast Update, 2011-2014, May 5, 2015. 1 Census undercount estimated at approximately 4.1%. Note: Population including the undercount has been rounded. 2 Includes townhouses and apartments in duplexes. 3 Includes bachelor, 1 bedroom and 2 bedroom+ apartments.

2018 Growth Forecast – Non-Residential Schedule 10b Township of Centre Wellington Employment & Gross Floor Area (G.F.A.) Forecast, 2018 to 2031

Employment Gross Floor Area in Square Feet (Estimated)¹ Commercial/ Commercial/ Period Population Primary Industrial Population InstitutionalTotal Industrial Population Institutional Total Related Related Mid-2006 26,049 140 2,580 3,200 1,565 7,485 3,354,000 1,600,000 1,095,500 6,049,500

Mid-2011 26,693 250 2,620 2,900 2,020 7,790 3,406,000 1,450,000 1,414,000 6,270,000

Mid-2016 28,191 180 2,275 3,370 2,105 7,930 2,957,500 1,685,000 1,473,500 6,116,000

Early-2018 29,635 189 2,392 3,572 2,242 8,395 3,109,600 1,786,000 1,569,400 6,465,000

Late-2027 36,838 254 3,924 4,498 2,910 11,586 5,101,200 2,249,000 2,037,000 9,387,200

Mid-2031* 41,559 280 4,037 5,233 3,309 12,859 5,248,100 2,616,500 2,316,300 10,180,900 Incremental Change Mid-2006 to Mid-2011 644 110 40 -300 455 305

Mid-2011 to Mid-2016 1,498 -70 -345 470 85 140

Mid-2016 to Early-2018 1,444 9 117 202 137 465 152,100 101,000 95,900 349,000

Early-2018 to Late-2027 7,203 65 1,532 926 668 3,191 1,991,600 463,000 467,600 2,922,200

Early-2018 to Mid-2031* 11,924 91 1,645 1,661 1,067 4,464 2,138,500 830,500 746,900 3,715,900

Annual Average

Mid-2006 to Mid-2011 129 22 8 -60 91 61

Mid-2011 to Mid-2016 300 -14 -69 94 17 28

Mid-2016 to Early-2018 963 6 78 135 91 310 101,400 67,333 63,933 232,667

Early-2018 to Late-2027 720 7 153 93 67 319 199,160 46,300 46,760 292,220

Early-2018 to Mid-2031* 883 7 122 123 79 331 158,407 61,519 55,326 275,252 Source: Watson & Associates Economists Ltd., 2018. 1 Square Foot Per Employee Assumptions Industrial 1,300 Commercial/ Population Related 500 28 Institutional 700

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Local Services

Local Service Policies

• New section 59.1(1) and (2) of the Act “No Additional Levies” - prohibits municipalities from imposing additional payments or requiring construction of a service not authorized under the D.C.A. (updated as per Bill 73)

• Due to Bill 73, “no additional levies” clause, a Local Service Policy is required to be developed and approved by Council, through the D.C. study process, to clearly define what developers would be required to do as part of their development agreements versus what would be included in the D.C.

• Subdivision Agreement Conditions - the Act provides coverage of such agreements to include “local services related to a plan of subdivision or within the area to which the plan relates”.

• Items to consider may include; collector & arterial roads, intersection improvements & traffic signals, streetlights & sidewalks, Bike Routes/Bike Lanes/Bike Paths/Multi-Use Trails/Naturalized Walkways, Noise Abatement Measures, Land dedications/easements, Water, Wastewater, Stormwater, and Park requirements. 30

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Items to Review and Consider in Local Service Policy

• Collector & Arterial Roads • Intersection Improvement and traffic signals • Street lights and Sidewalks • Bike Routes/Bike Lanes/Bike Paths/Multi-Use Trails/Naturalized Walkways • Noise Abatement Measures • Land dedications/easements • Water, wastewater, and stormwater • Parkland development (base condition for acceptance of dedicated lands, trails, landscaping, connections, underground services, etc.)

Local Service Example

Allocations of Services Included in Capital Charges

WATER WASTEWATER SWM Roads

Supply

Treatment Treatment

Storage Biosolids Municipal‐Wide Development Charge

Large System Large System Arterial Roads External to Pumping Pumping Development

Collector Roads External to Large Trunks Large Trunks Development

Localized Area Localized Area Drain Traffic Signalization Internal or Pumping Pumping Enclosures, External to Development land, localized PS, SWM Ponds Large Mains Large Mains and Large Traffic Control Systems Mains Direct Developer Responsibility

Small Local Small Local Local Mains Road Improvements for Access Mains Mains

Internal Local Roads, Sidewalks, Streetlights and associated 32 infrastructure

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Approach to the Calculation of the Charge

Capital Costs

• The current Capital Cost definition in the D.C.A. include: • Acquire land or interest in land • Improve land • Acquire, lease, construct or improve buildings, facilities and structures (includes furniture and equipment) • Equipment and rolling stock • Capital component of a lease for the above • Circulation materials for Libraries • Studies for above including a D.C. Background Study • Interest on money borrowed to pay for the above • Both “hard costs” (e.g. construction costs, equipment purchases, mobilization costs, etc.) and “soft costs” (e.g. design, project management, surveying, contingencies etc.) are eligible capital costs. • Note: often all soft costs are not identified in master plans. Adjustments to include these costs will be made accordingly to include in the D.C. capital

costs. 34

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Service Standards

• Service Standard measure provides a ceiling on the level of the charge which can be imposed • Previously (D.C.A., 1989), provided that the D.C. be “no higher than” the highest level attained over the previous 10-year period. • D.C.A., 1997 provides that the ceiling is based on the “average of the past 10 years” • Impacts – generally lowers collection levels and may provide for spiral downwards if municipality does not keep up with construction of services • The D.C.A. requires a detailed review of service levels and requires consideration of both “quality” and “quantity” measures • This involves reviewing capital inventories in detail over past 10 years • The following provides for the information provided in 2014 D.C. study for fire stations. The 2014 square footages have been brought forward through 2018 and the 2014 values have been indexed to 2019 values

Service Standard Example

Township of Centre Wellington Service Standard Calculation Sheet

Service: Fire Facilities Unit Measure: ft² of building area Value/ft² 2018 Bld'g with land, Description 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Value site works, ($/ft²) etc. Fire Hall - 250 Queen Street West, Fergus 8,152 8,152 8,152 8,152 8,152 8,152 8,152 8,152 8,152 8,152 $300 $356 Fire Hall - 72 Guelph Road, Elora 5,520 5,520 5,520 5,520 5,520 5,520 5,520 5,520 5,520 5,520 $300 $356 Storage Shed - 250 Queen Street West, Fergus 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 $100 $125 Storage Shed - 250 Queen Street West, Fergus 100 100 100 100 100 100 100 100 100 100 $100 $125

Total 16,172 16,172 16,172 16,172 16,172 16,172 16,172 16,172 16,172 16,172

Population 26,227 26,285 26,486 26,680 27,664 27,664 27,664 27,664 27,664 27,664 Per Capita Standard 0.6166 0.6153 0.6106 0.6061 0.5846 0.5846 0.5846 0.5846 0.5846 0.5846

10 Year Average 2008-2017 Quantity Standard 0.5956 Quality Standard $320 Service Standard $191

D.C. Amount (before deductions) 10 Year Forecast Population 7,203 $ per Capita $191 Eligible Amount $1,374,116

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Service Standard Example

Township of Centre Wellington Service Standard Calculation Sheet

Service: Fire Facilities Unit Measure: Value of facilities ($)

Description 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

Fire Hall - 250 Queen Street West, Fergus 2,902,112 2,902,112 2,902,112 2,902,112 2,902,112 2,902,112 2,902,112 2,902,112 2,902,112 2,902,112 Fire Hall - 72 Guelph Road, Elora 1,965,120 1,965,120 1,965,120 1,965,120 1,965,120 1,965,120 1,965,120 1,965,120 1,965,120 1,965,120 Storage Shed - 250 Queen Street West, Fergus 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 Storage Shed - 250 Queen Street West, Fergus 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 ------

Total 5,179,732 5,179,732 5,179,732 5,179,732 5,179,732 5,179,732 5,179,732 5,179,732 5,179,732 5,179,732

Population 26,227 26,285 26,486 26,680 27,664 27,664 27,664 27,664 27,664 27,664 Per Capita Standard 197.50 197.06 195.56 194.14 187.24 187.24 187.24 187.24 187.24 187.24

10 Year Average 2008-2017 Service Standard $ per Capita $191

Capital Costs

• The planning horizon for future capital needs is limited to 10 years for all services except: • Water, Wastewater and Stormwater Services • Roads and related services (i.e. Public Works) • Policing • Fire • Capital costs must be reduced by grants, subsidies and other contributions. • May include authorized costs incurred or proposed to be incurred by others on behalf of a municipality/local board

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Capital Costs (cont’d)

• Certain Capital Costs may not be included: • Vehicle & Equipment with avg. life of <7 yrs. • Computer Equipment • DCA also provides for a mandatory 10% reduction of capital cost for all services except: • Water, Wastewater and Stormwater Services • Roads and related services (i.e. Public Works) • Policing • Fire • Transit

Capital Example (From 2018 Study)

INFRASTRUCTURE COSTS COVERED IN THE DC CALCULATION

Township of Centre Wellington Service: Fire Services

Less: Potential DC Recoverable Cost Increased Service Needs Gross Grants, Subsidies and Budget Attributable to Anticipated Timing Capital Cost Post Period Other Net Capital Benefit to Residential Non-Residential Prj .No Other Contributions Ref. Development (year) Estimate Benefit Deductions Cost Existing Total Share Share Attributable to New (2018$) Development Development 2018-2027 70% 30% Fire Stations 2010-080 1 & 2018- New Fire Hall - Including Land 2020 4,500,000 2,295,600 2,204,400 - 2,204,400 1,543,080 661,320 018 2 205-0648 Elora Fire Station Expansion 2018-2019 330,000 - 330,000 82,500 247,500 173,250 74,250 Fire Vehicles 3 2010-078 Tanker 2027 700,000 351,400 348,600 - 348,600 244,020 104,580 4 2010-079 Pumper 2027 800,000 401,600 398,400 - 398,400 278,880 119,520 5 Deputy Fire Chief Vehcile 2019 30,000 - 30,000 - 30,000 21,000 9,000 Fire Small Equipment & Gear Additional Volunteer Firefighters 6 2018-013 2019-2020 66,000 - 66,000 - 66,000 46,200 19,800 (12) Additional Volunteer Firefighters 7 2010-002 2027 132,000 66,264 65,736 - 65,736 46,015 19,721 (24) Additional Equipment - New Fire 8 2018-017 2027 400,000 200,800 199,200 - 199,200 139,440 59,760 Hall 9 205-0647 Fire House Database Upgrade 2018 20,000 - 20,000 5,000 15,000 10,500 4,500 10 Reserve Fund Balance 490,355 (490,355) (343,248) (147,106)

Total 6,978,000 3,315,664 3,662,336 577,855 3,084,481 2,159,137 925,344

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Current D.C. Calculation

TOWNSHIP OF CENTRE WELLINGTON DEVELOPMENT CHARGE CALCULATION Municipal-wide Services 2018-Urban 14 Year

2018 $ DC Eligible Cost 2018 $ DC Eligible Cost SERVICE Residential Non-Residential SDU per ft² $$$$ 1. Wastewater Services 1.1 Treatment plants 9,991,967 3,168,621 2,661 0.88 1.2 Sewers 11,058,298 3,506,773 2,946 0.97 21,050,265 6,675,394 5,607 1.85

2. Water Services 2.1 Treatment plants and storage 4,831,969 1,532,299 1,287 0.42 2.2 Distribution systems 5,411,795 1,716,172 1,442 0.48 10,243,765 3,248,470 2,729 0.90

TOTAL $31,294,029 $9,923,864 $8,336 $2.75

DC ELIGIBLE CAPITAL COST $31,294,029 $9,923,864 Build out Gross Population / GFA Growth (fsq.ft.) 11,397 3,605,400 Cost Per Capita / Non-Residential GFA (sq.ft.) $2,745.81 $2.75 By Residential Unit Type p.p.u Single and Semi-Detached Dwelling 3.04 $8,336 Apartments - 2 Bedrooms + 1.76 $4,841 Apartments - Bachelor and 1 Bedroom 1.34 $3,690 Other Multiples 2.42 $6,645 Special Care/Special Dwelling 1.10 $3,020 41

Other Matters in Calculating the Charge

Page 26 of 201 8/23/2019

Other Matters

• Excess Capacity – any excess capacity in the system cannot be recovered in the D.C. unless council had expressed a clear intention to recover these costs at or before the time the capacity was created • Cross Subsidization - the act clarifies that a cost recovery shortfall from one type of development may not be made up through higher charges on other development. However, it also clarifies that the charge for any particular development does not have to be limited to the cost increase attributable to that development

Exemptions

• Mandatory Exemptions:

• for industrial building expansions (may expand by 50% with no D.C.)

• May add up to 2 apartments in a single as long as size of home doesn’t double

• Add one additional unit in medium & high density buildings

• Upper/Lower Tier Governments and School Boards

• Discretionary Exemptions :

• Reduce in part or whole D.C. for types of development or classes of development (e.g. industrial or churches)

• May phase-in over time

• Redevelopment credits to recognize what is being replaced on site (not specific in the Act but provided by case law)

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Discretionary Exemptions for Centre Wellington • Current Discretionary Exemptions:

• A place of worship of buildings for purposes of a churchyard or cemetery;

• Non-residential farm buildings constructed for bona fide farm uses;

• A Temporary Use by-law amendment with section 39 of the Planning Act;

• Water and wastewater D.C. exemptions:

• Exemption of the water and wastewater residential D.C.s for apartments within commercial buildings; and

• Exemption of the water and wastewater non-residential D.C.s within the Downtown Cores of Fergus and Elora.

• Redevelopment Credits:

• A redevelopment of land is eligible for reduction in D.C.s if a building or structure existed on the same land within 60 months prior to the date of payment of D.C.s.

• Brownfield redevelopments: the redevelopment credit is provided within 180 months vs. 60 months. • All discretionary exemptions and timing for redevelopment credits will be reviewed and refined where required during the study process. 45

Services Under Review for 2019 Study

The 2019 D.C. Study will include the following services: • Roads, • Public Works • Fire Protection • Water • Wastewater • Studies Related to the above services

The Existing By-law will be amended to remove these services, leaving only the Soft Services which will be updated into a CBC By- law at some point in the future.

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Emerging Issues

There have been a number of emerging Issues since the last DC round that are resulting in refinements to many by-laws including: • Refining definitions on new types of housing (e.g. back-to-back townhouses, staked townhouses, live/work units) • Cannabis facilities • Categories of Residential Charges • Apartments (Halton Decision) • Special Care/Special Dwelling Units (Affordable Housing) • Accessory/Secondary Suites (Affordable Housing) • Conservation Authority (Halton Decision) • Bona fide Farms – (ma/pa vs. larger operations) • Places of Worship (portion for worship only)

Survey of D.C. Rates

Page 29 of 201 8/23/2019

Current Development Charges

Residential Non-Residential Single & Semi Apartments with Apartments with Special Care & Service Other Multiples per sq.ft. Detached >= 2 Bedrooms < 2 Bedrooms Special Dwelling Township Wide Services Roads 5,826 4,644 3,383 2,578 1,226 2.09 Public Works 837 667 486 370 176 0.31 Fire Protection 924 736 537 409 195 0.34 Indoor and Outdoor Recreation 5,435 4,332 3,156 2,406 1,144 0.24 Administration 1,263 1,007 733 560 266 0.45 Total Township Wide Services 14,285 11,386 8,295 6,323 3,007 3.43 Urban Area Services Wastewater 5,899 4,702 3,425 2,611.00 1,241 1.95 Water 2,871 2,288 1,667 1,271.00 604 0.95 Total Urban Services 8,770 6,990 5,092 3,882 1,845 2.90 GRAND TOTAL - RURAL AREA 14,285 11,386 8,295 6,323 3,007 3.43

GRAND TOTAL - URBAN AREA 23,055 18,376 13,387 10,205 4,852 6.33

D.C. Survey - Residential

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D.C. Survey – Non-Residential (Commercial)

D.C. Survey – Non-Residential (Industrial)

Page 31 of 201 8/23/2019

Council Direction Required

Area Rating: That Council approves maintaining the current methodology to continue to calculate D.C.s on a Township-wide basis for all services except water and wastewater. That Council approves maintain the current methodology to continue to calculated water and wastewater D.C.s on an urban serviced area basis. D.C. Methodology: That Council approves the current methodology used to calculate the D.C.s versus calculating on a volume basis as a result of the limitation of growth forecasting and engineering information available.

Questions?

Page 32 of 201 Township of Centre Wellington Public Meeting Under the Planning Act - Committee of the Whole Minutes Wednesday, July 17, 2019 Council Chamber 6:00 PM

PRESENT: Mayor Kelly Linton Councillor Ian MacRae Councillor Kirk McElwain Councillor Bob Foster Councillor Neil Dunsmore Councillor Stephen Kitras

REGRETS: Councillor Steven VanLeeuwen

STAFF: Chief Administrative Officer, Andy Goldie Senior Planner, Mariana Iglesias Planning Coordinator/Deputy Clerk, Chantalle Pellizzari

1. Call to Order 1.1 Mayor Linton called the meeting to order.

2. Disclosure of Pecuniary Interest Under the Municipal Conflict of Interest Act 2.1 None declared.

3. Public Meetings to Consider Zoning Amendments 3.1 RZ03/19 - Wellington Rd 19, West Garafraxa (Highland Pines)

Mayor Linton indicated the purpose of this public meeting is to present and receive public input regarding a proposed zoning by-law amendment on subject lands known as 8537 Wellington Rd 19, West Garafraxa (Highland Pines).

Mayor Linton indicated the purpose and effect of the proposed zoning by-law amendment is to change the zoning of the land from “M3” Extractive Industrial to “CG.35.5” Campground Site Specific. The effect of the amendment is to implement zoning regulations on the severed parcel to match the existing zone as these lands are being added to. The zoning amendment is a condition of approval of the County of Wellington Land Division Committee Application B109/18.

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Mayor Linton indicated if a person or public body does not make oral submissions at the public meeting, or make written submissions to the Township of Centre Wellington before the by-law is passed, the person or public body is not entitled to appeal the decision of the Township of Centre Wellington to the Local Planning Appeal Tribunal (LPAT).

Mayor Linton indicated if a person or public body does not make oral submission at the public meeting, or make written submissions to the Township of Centre Wellington before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the LPAT unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Mayor Linton indicated if anyone wishes to be notified of the passing of the proposed zoning by-law amendment, you must make a written request to the Clerk, Township of Centre Wellington, 1 MacDonald Square, Elora, Ontario, N0B 1S0.

The Planning Coordinator indicated notice was mailed to prescribed persons, agencies and public bodies on June 13, 2019. A copy of the notice was advertised in the Wellington Advertiser on June 13, 2019. She confirmed the requirement for giving notice was completed on June 13, 2019

Jeff Buisman, agent for the applicant provided an overview of the application explaining the lands being rezoned are to be merged with existing lands in the campground, bringing all lands to be zoned appropriately. The zoning amendment is a condition of the proposed lot line adjustment.

Mayor Linton indicated there were no registered delegations and asked if anyone present wished to speak in favour or opposition to the application to come forward. Seeing none, Mayor Linton asked if there were any questions from members of Council.

Mayor Linton indicated any written comments can be forwarded to the Clerk, 1 MacDonald Square, Elora, Ontario, N0B 1S0.

The public meeting for RZ03/19 - Wellington Rd 19, West Garafraxa (Highland Pines) was declared complete.

3.2 RZ04/19 – 7765 Fourth Line, Nichol

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Page 34 of 201 Public Meeting Under the Planning Act - Committee of the July 17, 2019 Whole Minutes

Mayor Linton indicated the purpose of this public meeting is to present and receive public input regarding a proposed zoning by-law amendment on subject lands known as 7765 Fourth Line, Nichol.

Mayor Linton indicated the purpose of the proposed zoning by-law amendment is to change the zoning of the subject land from “A” Agricultural and “EP” Environmental Protection to “A” Agricultural Exception and “EP” Environmental Protection. The effect of the amendment is to implement zoning regulations necessary to facilitate a farm dwelling surplus severance and to restrict residential uses on the retained parcel. The zoning amendment is a condition of approval of the County of Wellington Land Division Committee Application B10/19.

Mayor Linton indicated if a person or public body does not make oral submission at the public meeting, or make written submissions to the Township of Centre Wellington before the by-law is passed, the person or public body may not be added as the party to the hearing of an appeal before the LPAT unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Jeff Buisman, agent for the applicant stated the zoning amendment is a condition of the farm dwelling surplus severance to restrict residential uses on the farm land. The zoning amendment is a condition of the proposed severance.

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Page 35 of 201 Public Meeting Under the Planning Act - Committee of the July 17, 2019 Whole Minutes

were any questions from members of Council.

In response to a question regarding the future use of the barn, J. Buisman stated there is a condition of the severance application to provide the Township with confirmation the existing barn will be converted to a storage shed and will no longer be used as a livestock housing facility.

There being no further question from Council, Mayor Linton indicated any written comments can be forwarded to the Clerk, 1 MacDonald Square, Elora, ON, N0B 1S0.

The public meeting for RZ04/19 – 7765 Fourth Line, Nichol was declared complete.

3.3 RZ05/19 – 6868 Gerrie Road, Nichol

Mayor Linton indicated the purpose of this public meeting is to present and receive public input regarding a proposed zoning by-law amendment on subject lands known as 6868 Gerrie Road, Nichol.

Mayor Linton indicated the purpose of the proposed zoning by-law amendment is to change the zoning of the subject land from “A” Agricultural to “A” Agricultural Exception. The effect of the amendment is to enact a temporary use by-law in order to allow for a garden suite on the subject lands for a period of up to twenty years. The garden suite is to provide housing for a relative of the property owner.

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Page 36 of 201 Public Meeting Under the Planning Act - Committee of the July 17, 2019 Whole Minutes

The Planning Coordinator indicated the notice was mailed to prescribed persons, agencies and public bodies on June 13, 2019. A copy of the notice was advertised in the Wellington Advertiser on June 13, 2019. She confirmed the requirement for giving notice was completed on June 13, 2019.

Mariana Iglesias, Senior Planner provided an overview of the application stating the amendment is to permit a garden suite on the property for family members of the owners. The garden suite will be located close to the existing house and outside of the land that is currently farmed. She advised that no oral or written submission were received and that the County of Wellington and Upper Grand District School Board did not object to the amendment.

In response to a question from Council, M. Iglesias stated the owners enter into an agreement with the Township, which has an expiry date. After the expiry date passes the owner must remove the structure or apply for an extension. The zoning reverts back to agricultural.

There being no further question from Council, Mayor Linton indicated any written comments can be forwarded to the Clerk, 1 MacDonald Square, Elora, ON N0B 1S0.

The public meeting for RZ05/19 – 6868 Gerrie Road, Nichol was declared complete.

3.4 RZ11/18 - Sideroad 4, Inverhaugh

Mayor Linton indicated the purpose of this public meeting is to present and receive public input regarding a proposed zoning by-law amendment and draft plan of subdivision on subject lands known as 7284 Sideroad 4 in Inverhaugh.

Mayor Linton indicated the purpose of the proposed Zoning By-law Amendment is to change the current zoning of the subject land from Extractive Industrial (M3.91.2), Agricultural (A.91.1) and Environmental Protection (EP) to Residential (R1A), Open Space (OS) and Environmental Protection (EP) in order to accommodate the development of a proposed draft plan of subdivision. The proposed draft

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Page 37 of 201 Public Meeting Under the Planning Act - Committee of the July 17, 2019 Whole Minutes

plan of subdivision consists of lots and blocks for 40 single detached dwelling units, park, storm water management pond and walkways. The County of Wellington Draft Plan of Subdivision file number is 23T-18005.

Mayor Linton indicated if a person or public body does not make oral submission at the public meeting, or make written submissions to the Township of Centre Wellington before the by-law is passed, the person or public body may not be added as the party to the hearing of an appeal before the LPAT unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Mayor Linton indicated if a person or public body would otherwise have an ability to appeal the decision of The County of Wellington to the Local Planning Appeal Tribunal (LPAT) but the person or public body does not make oral submissions at a public meeting or make written submissions to the County of Wellington in respect of the proposed Plan of Subdivision before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body is not entitled to appeal the decision.

Mayor Linton indicated if a person or public body does not make oral submissions at a public meeting, or make written submissions to the County of Wellington in respect of the proposed Plan of Subdivision before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal (LPAT) unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Mayor Linton indicated if you wish to be notified of the decision of the Township of Centre Wellington in respect of the proposed zoning by-law amendment, you must make a written request to the Clerk of the Township of Centre Wellington, 1 MacDonald Square, Elora, Ontario, N0B 1S0.

Mayor Linton indicated if you wish to be notified of the decision of the County of Wellington in respect of the proposed draft plan of subdivision, you must make a written request to the Planning and Development Department, County of Wellington, 74 Woolwich Street,

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Guelph, Ontario, N1H 3T9.

Steven Wright, applicant, provided an overview of the proposed development stating it is an improvement to the existing landscape and will respect adjacent woodlots and wetlands. The development is a product of a Developer/Builder who is invested in this community and the development will allow for continued local employment opportunities. S. Wright stated estate lots are highly sought after and there is demand in the community to offer this type of housing.

Astrid Clos, planning consultant for the applicant, provided an overview of the zoning amendment application stating the existing use of the property includes turkey barns and a gravel pit. The property is within the Hamlet area in the County of Wellington’s Official Plan, which permits residential development. The plan consists of 40 residential lots on 2 new streets but will not provide direct access to JM Quarrie Drive.

Katie Fallis, area resident, expressed concern with the development and indicated approval of the subdivision is premature until sufficient studies have been completed. She expressed concerns including traffic impacts, pedestrian/bicycle connectivity between the existing and proposed subdivisions, lack of a neighbourhood park, financial impact of the development on taxpayers, creation of a bedroom community and lack of overall planning for Inverhaugh.

Mayor Linton asked if anyone else present would like to speak in favour or in opposition to the application.

Ken Musselman, area resident, stated there are 18 lots proposed that back onto his property with a proposed fence, which he believes is not sufficient and a buffer area should be required. Mr. Mussleman stated the location of the subdivision is good as its not taking away any significant agricultural land.

Ross McKenzie, area resident, stated the repurposing of the property is good, however expressed concern with the growing size of Inverhaugh as a hamlet. Mr. McKenzie stated the movement of people within Inverhaugh is constrained by lack of sidewalks and connections to existing subdivisions.

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Mayor Linton provided Astrid Clos with an opportunity to respond to the comments and concerns expressed. Ms. Clos stated Council will not be making a decision as this meeting. She further added the Township has required a number of studies, which are being reviewed by Township staff or consultants. Mr. Musselman has meet with the applicant and they understand his concerns. Fencing is proposed to mitigate any concerns. Agricultural warning clauses in the Purchase and Sale agreement will be used. A. Clos provided clarified the property is entirely within the hamlet area and is not an expansion. Sidewalks are proposed on one side of the development and there is a proposed cut-fill balance on the site.

Mayor Linton asked for questions from members of Council. Councillor McElwain stated the existing noise berm associated with the aggregate operation is insufficient and any future berm should be higher to mitigate against the noise of the heavy equipment being used in the gravel pit. He further stated he is concerned with the hydrogeological and traffic impact studies and questioned if they considered the existing Swan Creek Subdivision. Councillor McElwain stated the Township’s strategic plan state the creation of complete communities, however Inverhaugh has been developed inconsistently.

Councillor Kitras questioned the current number of homes in Inverhaugh and how the 2 new developments will impact the hamlet. He expressed concern with the lack of a park and pedestrian/bike traffic. The County of Wellington needs to consider bike traffic and widening the shoulders to allow for bicycle lanes into Elora via Wellington Road 21.

Councillor MacRae questioned if the buffer between the development and Mr. Musselman’s property could include trees along the proposed fence and suggested looking into how the storm water management ponds could be integrated into the trail system. He expressed concerns regarding how recommendations in various studies will be implemented to include the restriction on housing types and water usage for residential pools.

Councillor Dunsmore stated not having a park in Inverhaugh is a concern.

Councillor Foster stated the traffic needs to be evaluated on Sideroad 4 and Wellington Road 21.

There being no further questions from Council, Mayor Linton indicated any comments can be forwarded to the Clerk, 1 MacDonald Square,

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Page 40 of 201 Public Meeting Under the Planning Act - Committee of the July 17, 2019 Whole Minutes

Elora, Ontario, N0B 1S0.

The public meeting for RZ11/18 - Sideroad 4, Inverhaugh was declared complete.

4. Adjourn 4.1 Moved by Councillor Neil Dunsmore, Seconded by Councillor Ian MacRae.

That the meeting be adjourned at 7:13 pm.

CARRIED

Mayor Municipal Clerk

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Page 41 of 201 Township of Centre Wellington Council Minutes Monday, July 29, 2019 Council Chamber 6:45 pm

PRESENT: Mayor Kelly Linton Councillor Ian MacRae Councillor Kirk McElwain Councillor Bob Foster Councillor Stephen Kitras Councillor Steven VanLeeuwen

REGRETS: Councillor Neil Dunsmore

STAFF: Chief Administrative Officer, Andy Goldie Supervisor of Customer Service/Deputy Clerk, Lisa Miller Legislative Coordinator, Devlin Schellenberger Managing Director of Planning& Development, Brett Salmon Managing Director of Community Services, Pat Newson Managing Director of Infrastructure Services, Colin Baker Managing Director of Corporate Services/ Treasurer, Dan Wilson Senior Planner, Mariana Iglesias

1. Call to Order 1.1 Mayor Linton called the meeting to order.

2. Disclosure of Pecuniary Interest Under the Municipal Conflict of Interest Act 2.1 None declared.

3. Public Meeting to Consider a Zoning Amendment 3.1 Mayor Linton explained the purpose of the public meeting is to present and receive public input regarding a proposed zoning by-law amendment on subject lands known as 6850 First Line, West Garafraxa.

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Page 42 of 201 Council Minutes July 29, 2019

retained parcel. The zoning amendment is a condition of approval of the County of Wellington Land Division Committee Application B13/19.

Mayor Linton stated if a person or public body does not make oral submissions at the public meeting, or make written submissions to the Township of Centre Wellington before the by-law is passed, the person or public body is not entitled to appeal the decision of the Township of Centre Wellington to the Local Planning Appeal Tribunal (LPAT).

If a person or public body does not make oral submission at the public meeting, or make written submissions to the Township of Centre Wellington before the by-law is passed, the person or public body may not be added as the party to the hearing of an appeal before the LPAT unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Mayor Linton noted if anyone wishes to be notified of the adoption of the proposed zoning by-law amendment, a written request must be filed with the Municipal Clerk, Township of Centre Wellington, 1 MacDonald Square, Elora, ON, N0B 1S0.

Mayor Linton asked the Deputy Clerk to advise how notice was given:

L. Miller, Deputy Clerk, indicated notice was mailed to prescribed persons, agencies and public bodies on June 27, 2019. A copy of the notice was also advertised in the Wellington Advertiser on June 27, 2019. She confirmed the requirement for giving notice was completed on June 27, 2019.

M. Iglesias, Senior Planner gave a presentation on the application. She indicated the property at 6850 First Line West, in the former township of West Garafraxa, is the subject of a rezoning application to change the zoning to a site specific agricultural zone related to a farm dwelling surplus severance application that was conditionally approved by the County on May 9, 2019. One of the conditions requires that residential uses are restricted on the severed 31 ha (78ac) farmed parcel. The 1ha (2.4ac) parcel with the farmhouse will be retained. It is a typical rezoning that is required as a condition of severance of surplus farm dwellings from active farmland.

She further indicated no oral or written submission were received to date. Both the County and the Grand River Conservation Authority have provided comments with no objections to the application.

Mayor Linton asked if anyone would like to speak to the application,

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seeing none, he thanked everyone for attending and advised Council will consider the by-law at the Council meeting immediately following this public meeting.

Mayor Linton declared the meeting closed.

4. Presentations/Announcements 4.1 Mayor's County Council Report Mayor Linton provided an update regarding the County's Efficiency Review by KPMG which should be completed by November 2019. 4.2 Councillor's Committee Updates

Councillors provided updates on the ongoing initiatives of the various advisory committees.

5. Confirmation of Agenda

5.1 Moved by Councillor Kirk McElwain, Seconded by Councillor Steven VanLeeuwen.

THAT Council of the Township of Centre Wellington confirm the agenda for the meeting held July 29, 2019.

CARRIED

6. Confirmation of Minutes

6.1 Moved by Councillor Steven VanLeeuwen, Seconded by Councillor Ian MacRae.

THAT the minutes of the Council meeting held June 24, 2019 be adopted as circulated.

CARRIED

7. Report from the Committee of the Whole – July 22, 2019

7.1 Moved by Councillor Ian MacRae, Seconded by Councillor Steven VanLeeuwen.

THAT the Council of the Township of Centre Wellington approve the report from the Committee of the Whole dated July 22, 2019 as follows:

1. THAT the Council of the Township of Centre Wellington endorse the Water Supply Master Plan and direct staff to publish the Notice of Study

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Completion in accordance with statutory requirements under the Environmental Assessment Act as outlined in Report IS2019-25 dated July 22, 2019;

AND THAT Council direct staff to bring forward programs, studies, and projects included in the Water Supply Master Plan recommended alternative for consideration in the capital and operating budget deliberations.

2. THAT the Council of the Township of Centre Wellington authorizes the Mayor and Clerk to execute a by-law appointing a Chief Building Official and Building Officials.

3. THAT the Council of the Township of Centre Wellington award a Level Two (2) Façade, Building and Property Improvement Grant/Loan to the Fergus Marketplace, 105 Queen St. in the amount of $10,000.00 grant and a $10,000.00 loan;

AND THAT Council delegate the signing authority for the necessary financial agreements to the Managing Director of Corporate Services/Treasurer.

4. THAT the Council of the Township of Centre Wellington approves application RZ02/19, as amended, and a by-law to amend Zoning By- law 2009-045 be given three readings;

AND THAT the Council of the Township of Centre Wellington confirms that a further public meeting under the Planning Act is not required prior to enactment of the Zoning By-law amendment;

AND THAT the Council of the Township of Centre Wellington approves Heritage Permit application HP-2019-001 for the restoration of the former Baptist Church building and other alterations on the property as outlined in the application.

5. THAT the Council of the Township of Centre Wellington confirm the appointment of William Wright as a Class A director for the Grand River Non-Profit Housing Corporation Board.

CARRIED

8. Delegations

9. Consideration of Reports 9.1 Parks Recreation & Culture Master Plan Final

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Report from P. Newson, Managing Director of Community Services

P. Newson, Managing Director of Community Services, provided a brief overview of the Parks, Recreation & Culture Master Plan. She indicated the need for future land acquisition as the population of Centre Wellington increase. She further indicated the necessity of completing needs assessments for the Elora Community Centre and the Victoria Park Seniors Centre, to readdress the requirements of these facilities and the community. Similar projects will be undertaken for parks throughout their life cycle, as community demographics change to determine there best use.

In response to questions from Council regarding adequate parkland in Inverhaugh, Anand Desai, Consultant, Monteith Brown Planning Consultants, indicated that the Township can determine whether cash in lieu of parkland is appropriate.

Moved by Councillor Ian MacRae, Seconded by Councillor Kirk McElwain.

THAT the Council of the Township of Centre Wellington endorse the Parks, Recreation and Culture Master Plan dated July 2019;

AND THAT Council direct staff to bring forward the various recommendations through the annual budget process.

CARRIED 9.2 Rogers Communications Inc. Request for Municipal Concurrence for a Telecommunication Tower at 695 St. David Street North Report from B. Salmon, Managing Director of Planning and Development

J. McKay, Site Acquisition Specialist, Rogers Communications Inc., indicated a coverage deficiency in the north end of Fergus. He outlined the telecommunications industry today and asked for Council’s concurrence indicating the public requirements have been met.

B. Salmon, Managing Director of Planning and Development indicated Township staff has received no input from the public on this matter.

Moved by Councillor Ian MacRae, Seconded by Councillor Steven VanLeeuwen.

That the Council of the Township of Centre Wellington provides municipal concurrence for a proposed 30 m monopole telecommunication tower by Rogers Communications Inc., at 695 St.

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David Street North, Fergus.

CARRIED 9.3 Rezoning Application RZ04/19, 7765 Fourth Line, Nichol - Farm Dwelling Surplus Report from M. Iglesias, Senior Planner

M. Iglesias, Senior Planner, indicated the property at 7765 Fourth Line, in the former township of Nichol, is the subject of a rezoning application to change the zoning to a site specific agricultural zone related to a farm dwelling surplus severance application.

Moved by Councillor Steven VanLeeuwen, Seconded by Councillor Stephen Kitras.

THAT the Council of the Township of Centre Wellington approves rezoning application RZ04/19 and the appropriate zoning by-law amendment be given three readings.

CARRIED 9.4 Rezoning Application RZ05/19, 6868 Gerrie Road, Nichol - Garden Suite Report from M. Iglesias, Senior Planner

M. Iglesias, Senior Planner, indicated the property at 6868 Gerrie Road, in the former township of Nichol, is the subject of a rezoning application to change the zoning to a site specific agricultural zone that allows a temporary use for a garden suite on the property, as permitted under the Planning Act, for a period of up to 20 years.

Moved by Councillor Ian MacRae, Seconded by Councillor Bob Foster.

THAT the Council of the Township of Centre Wellington approves application RZ05/19 to allow a garden suite and a by-law to amend By- law 2009-045 be given three readings.

CARRIED 9.5 Rezoning Application RZ06/19, 6850 First Line, West Garafraxa - Farm Dwelling Surplus Report from M. Iglesias, Senior Planner

M. Iglesias, Senior Planner, indicated the property at 6850 First Line West, in the former township of West Garafraxa, is the subject of a rezoning application to change the zoning to a site specific agricultural zone related to a farm dwelling surplus severance application.

Moved by Councillor Stephen Kitras, Seconded by Councillor Steven VanLeeuwen.

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THAT the Council of the Township of Centre Wellington approves rezoning application RZ06/19 and the appropriate zoning by-law amendment be given three readings.

CARRIED 9.6 Designation By-law for 195 Barker Street, Fergus Report from M. Iglesias, Senior Planner

Moved by Councillor Steven VanLeeuwen, Seconded by Councillor Bob Foster.

THAT the Council of the Township of Centre Wellington confirms the designation of the property municipally known as 195 Barker Street, Fergus, in the Township of Centre Wellington, to be a property of cultural heritage value and/or interest pursuant to Section 29 (Part IV) of the Ontario Heritage Act and that the corresponding by-law be given three readings.

CARRIED 9.7 Elora Distilling Co. - Manufacturer's Limited Liquor Sales License Report from B. Salmon, Managing Director of Planning and Development

Moved by Councillor Kirk McElwain, Seconded by Councillor Stephen Kitras.

THAT the Council of the Township of Centre Wellington support the Elora Distilling Company’s application to the Alcohol and Gaming Commission of Ontario for a Manufacturer’s Limited Liquor Sales License for their new distillery located at 102 Metcalfe St. in Elora.

CARRIED 9.8 Amendment to the Open Air Burning By-law Report from L. Miller, Supervisor of Customer Services/Deputy Clerk

Moved by Councillor Ian MacRae, Seconded by Councillor Bob Foster.

THAT the Council of the Township of Centre Wellington authorize the Mayor and Clerk to execute a By-law to regulate open air fires in the Township of Centre Wellington;

AND THAT By-law 2018-52 be repealed.

CARRIED 9.9 Amendment to the Purchase and Sale Agreement with Enbridge

Page 7 of 11

Page 48 of 201 Council Minutes July 29, 2019

Report from L. Miller, Supervisor of Customer Service/Deputy Clerk

Moved by Councillor Steven VanLeeuwen, Seconded by Councillor Kirk McElwain.

THAT the Council of the Township of Centre Wellington authorize the Mayor and Clerk to amend the agreement of purchase and sale with Enbridge Gas Inc. for the lands having a frontage on Hamilton Street of 11.00 metres and a depth of 20.00 metres, and which are more particularly described as “Part 3” on Reference Plan 61R-21573.

CARRIED 9.10 Sole Source Award: Development Charges Background Study Update Report from D. Wilson, Managing Director of Corporate Services/Treasurer

D. Wilson, Managing Director of Corporate Services/Treasurer, stated regulations on development charges in respect to Bill 108, will no longer allow municipalities to collect development charges for “soft services”, which directly effects parks and recreation, as well as other studies. He further stated, the Parks Recreation and Culture Master Plan should be excluded from the Development Charge Background Study Update, and reviewed at a later date.

Moved by Councillor Stephen Kitras, Seconded by Councillor Ian MacRae.

THAT the Council of the Township of Centre Wellington authorize the contract award for the preparation of a Development Charge Background Study Update and By-Law to Watson & Associates Economists Ltd., to be funded as outlined in report COR2019-54 dated July 29, 2019.

CARRIED 9.11 Recommendation for Award RFP #18-19: Consulting Services - Space Needs Assessment and Concept Design - Operations Centre Report from S. Wiles, Purchasing and Risk Coordinator

C. Baker, Managing Director of Infrastructure Services responded to questions regarding the project timeline, which he expects to bring forward during the 2020 capital budget, with construction commencing in 2021.

A. Goldie, CAO, further indicated not all existing Township’s operations facilities will be centralized in the Fergus location as some existing operations facilities will remain due to proximity to work areas.

Moved by Councillor Ian MacRae, Seconded by Councillor Stephen

Page 8 of 11

Page 49 of 201 Council Minutes July 29, 2019

Kitras.

THAT the Council of the Township of Centre Wellington award Request For Proposal #18-19 regarding consulting services for a space needs assessment and concept design for an Operations Centre, to Stirling Rothesay Consulting Incorporated at a total upset limit of $76,775.00, exclusive of HST.

AND THAT the funding for this project be revised as outlined in report COR2019-60 dated July 29, 2019.

CARRIED 9.12 OLG Funding Allocation Policy Report from D. Wilson, Managing Director of Corporate Services/Treasurer

D. Wilson, Managing Director of Corporate Services/Treasurer, outlined the three options contained in the report, with Option 3 being staff’s recommended option.

Moved by Councillor Bob Foster, Seconded by .

THAT approval of the OLG Funding Policy be deferred to the September 9, 2019 Committee of the Whole meeting.

Moved by Councillor Steven VanLeeuwen, Seconded by Councillor Kirk McElwain.

THAT the Council of the Township of Centre Wellington pass a By-law to approve the new OLG Funding Allocation Policy, to be used in allocating OLG funding starting with the 2020 Budget;

AND that the OLG policy be reviewed for the 2021 budget process.

CARRIED

10. Information Items

11. By-laws 11.1 2019-34, A By-law to Appoint a Chief Building Official and Building Officials (Inspectors) and Repeal By-law 2018-55

2019-35, A By-law to Regulate the Setting of Open Air Fires in the Township of Centre Wellington and to repeal By-law 2018-52

2019-36 A By-law to amend the Township of Centre Wellington Zoning

Page 9 of 11

Page 50 of 201 Council Minutes July 29, 2019

By-law 2009-045, as amended, to change the zoning of certain lands from “A” to “A.22.4” (6850 First Line, West Garafraxa)

2019-37 A By-law to amend the Township of Centre Wellington Zoning By-law 2009-045, as amended, to change the zoning of certain lands from “R1A” to “R1A.50.9” (Henderson Street)

2019-38, A By-law to amend By-law 2009-045, as amended, to allow a garden suite pursuant to Section 39 of the Planning Act, R.S.O. 1990 (6868 Gerrie Road, Nichol)

2019-39, A By-law to amend the Township of Centre Wellington Zoning By-law 2009-045, as amended, to change the zoning of certain lands from “A” to “A.19.5”. (7765 Fourth Line, Nichol)

2019-40, A By-law to dedicate Part of Block 5 on Plan 181, being Parts 1 and 2 on Reference Plan 61R-21573, as a highway and part of the municipal right of way for Hamilton Street and Part of Block 5 on Plan 181, being Part 4 on Reference Plan 61R-21573, as a highway and part of the municipal right of way for York Street.

2019-41 A By-law to establish a policy with respect to the allocation and use of Ontario Lottery and Gaming Funding by the municipality.

Moved by Councillor Steven VanLeeuwen, Seconded by Councillor Ian MacRae.

THAT By-laws 2019-35 through 2019-41 be read a first, second and third time and passed, signed by the Mayor and Clerk and the Corporate Seal affixed.

CARRIED

12. Confirmatory By-law 12.1 A By-law to confirm the actions of Council

Moved by Councillor Kirk McElwain, Seconded by Councillor Ian MacRae.

THAT By-law 2019-42 to Confirm the Proceeding of Council at its meeting held July 29,2019 be introduced a first, second and third time and passed in open Council.

CARRIED

13. Adjourn

Page 10 of 11

Page 51 of 201 Council Minutes July 29, 2019

Mayor Municipal Clerk

Page 11 of 11

Page 52 of 201 Report to Council

To: Mayor Linton and Members of Council Report: PLN2019-48 Prepared By: Mariana Iglesias, Senior Planner Date: 26 Aug 2019

RE: Partial Demolition at Listed Property – 210 Chalmers Street, Elora (Front and Side Porches)

Recommendation: THAT the Council of the Township of Centre Wellington approve the partial demolition request for the uncovered front porch and enclosed side porch and associated steps at the listed property municipally known as 210 Chalmers Street, Elora, in the Township of Centre Wellington;

AND THAT the property municipally known as 210 Chalmers Street, Elora, remain on the Township’s Municipal Heritage Register.

Report: The owner of 210 Chalmers Street, Elora, has provided a notice of intent to demolish the uncovered front porch and enclosed side porch addition and associated steps on the property in accordance with the notice requirements of the Ontario Heritage Act. The property is listed on the Township’s Municipal Register of Cultural Heritage Properties but is not designated. The owner has requested demolition due to poor structural condition and plans to build a new addition on the other side of the house. A photo of the porches is attached to this report for reference.

Since the subject property is listed on the Register, Council can either allow the demolition, or, propose to designate the property pursuant to Part IV of the Ontario Heritage Act to stop the demolition. The Heritage Committee has evaluated the application to demolish based on Ontario Regulation 9/06 "Criteria for Determining Cultural Heritage Value or Interest". The Regulation outlines three main categories: design, historical and contextual values. The reason for the listing of the subject property on the Municipal Register was due to the potential heritage value of the main dwelling as seen from the street. Planning staff and the heritage committee are of the opinion that demolition of the porches does not negatively impact the property’s heritage value.

Page 53 of 201 It is our recommendation that the porches be permitted to be demolished, but that the property remain on the Register due to the potential heritage value of the main dwelling.

Consultation: Heritage Centre Wellington

Attachments: ● Att 1 Photo

Approved By: Brett Salmon, Managing Director of Planning and Development Andy Goldie, Chief Administrative Officer

Page 54 of 201 Attachment 1: 210 Chalmers Street, Elora, Photos (c. 2019)

Image 1: Enclosed Side Porch Addition

Image 2: Front Porch and Steps

Page 55 of 201 Report to Council

To: Mayor Linton and Members of Council Report: PLN2019-46 Prepared By: Brett Salmon, Managing Director of Date: 26 Aug 2019 Planning and Development

RE: Subdivision Agreement Phase 3 of Granwood Subdivision

Recommendation: THAT the Council of the Township of Centre Wellington authorize the Mayor and Clerk to execute a subdivision agreement between the Corporation and Wrighthaven Homes Limited.

Report: The County of Wellington granted draft approval to plan of subdivision 23T-17002 on October of phase final and third the represents subdivision This 2018. 30, the Granwood subdivision in Elora. The subject land is shown on the key plan attached.

Council previously authorized a service financing agreement (SFA) with the developer, Wrighthaven Homes Limited, to ensure completion of the external servicing. The infrastructure installation pursuant to the SFA is ongoing.

The draft approval conditions also require the execution of a subdivision agreement in order to ensure that the conditions of draft plan approval are fulfilled and that the subdivision servicing installed by the developer are designed, installed and maintained to the Township's standards until such time as Final Acceptance of the municipal services is granted. The developer's agents have submitted appropriate plans for Township review and we are ready to execute the required subdivision agreement. within facilities the fund to has generously also developer The the offered neighbourhood park block that had been previously conveyed to the Township in an earlier phase of the subdivision. Construction of this park was not scheduled until 2021 but with developer funding the park can be completed earlier than scheduled. A separate Memorandum of Agreement is being developed for the park construction as it is outside of the subdivision.

Consultation:

Page 56 of 201 Infrastructure Services, Planning and Development, Community Services, Corporate Services and the Township's consulting engineers have all participated in the review of plans and/or the preparation of the subdivision agreement

Attachments: ● Grandwood_Phase3_KeyMap ● Subdivision Agreement Granwood v4

Approved By: Andy Goldie, Chief Administrative Officer

Page 57 of 201 Page 58 of 201 SUBDIVISION AGREEMENT

B E T W E E N:

WRIGHTHAVEN HOMES LIMITED

- and -

THE CORPORATION OF THE TOWNSHIP OF CENTRE WELLINGTON

INDEX

Page No.

ARTICLE 1- INTERPRETATION 1.1 Definitions 4

ARTICLE 2- IDENTIFICATION OF LANDS APPROVED FOR DEVELOPMENT 2.1 Legal description 4 2.2 Implementation of Draft Plan Conditions 4 2.3 Clearance of conditions with respect to Plan to be registered 5 2.4 Requirements prior to commencement of work 5 2.5 Delivery of Registered Plan 6

ARTICLE 3- SPECIAL PROVISIONS 3.1 Exceptions 6

ARTICLE 4- CONVEYANCES AND PAYMENTS TO BE MADE 4.1 Lands to be conveyed for public purposes 6 4.2 Easements to be conveyed for public purposes 6 4.3 Payments to be made to Township 6

ARTICLE 5- CONSTRUCTION OF SERVICES 5.1 Services to be provided 7 5.2 Developer’s engineers 7 5.3 As-recorded drawings 7 5.4 Installation, Supervision and inspection 7 5.5 Street names and required signage 7 5.6 Winter road and sidewalk maintenance 8 5.7 Repair and maintenance of services 8 5.8 Guarantee period 8 5.9 Notice that services not assumed 8 5.10 Stages of construction 8 5.11 Environmental Control and Inspection 9 5.12 Written Permission 9 5.13 Stabilization 9 5.14 Construction Traffic Access and Control Plan 10 5.15 Erosion and Sedimentation Control 10 5.16 Wells and Boreholes 10 5.17 Certification of Fill 10 5.18 Soil Gases 10 5.19 Fill Importation Requirements 10 5.20 Noise Attenuation Measures, Where Applicable 10

ARTICLE 6- DRAINAGE 6.1 Overall grading plan 10 6.2 Rough-grading, stockpiles and weed-free maintenance 11 6.3 Site Plans for building lots 11 6.4 Certification of grading 11

ARTICLE 7- ACCEPTANCE AND OWNERSHIP OF SERVICES 7.1 Preliminary Acceptance 11 7.2 Final Acceptance 11 7.3 Acceptance during winter months 12 7.4 Use of Service before Final Acceptance 12 7.5 Ownership of services 12

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ARTICLE 8-DEADLINE FOR COMPLETION OF SERVICES 8.1 Four-year deadline 12

ARTICLE 9- FINANCIAL ASSURANCES 9.1 Type and amount of security 12 9.2 Valuation of services 13 9.3 Reduction of security 13 9.4 Authority to draw upon security 13

ARTICLE 10- INDEMNIFICATION AND LIABILITY INSURANCE 10.1 Indemnity 13 10.2 Liability insurance 13

ARTICLE 11- DEVELOPER’S ADDITIONAL OBLIGATIONS DURING SERVICING 11.1 Construction liens 14 11.2 Control of dust and other nuisances 14 11.3 Construction Refuse and Debris 14 11.4 Construction traffic 14 11.5 Storage of construction materials 14 11.6 Sewer Use By-law 15 11.7 Payment of Township’s costs 15 11.8 Penalty and interest on late payments 15 11.9 Maintenance of SWM facility 15 11.10 Transfer of Environmental Compliance Approvals 15 11.11 Watermain Commissioning 15 11.12 Street Lighting and Pathway Lighting 15 11.13 Sanitary Sewer Flow Monitoring 16

ARTICLE 12- DRIVEWAY LOCATIONS 12.1 Timing of driveway cuts 16 12.2 Approval of driveway locations 16 12.3 Driveway standards 16

ARTICLE 13- BUILDING DEPOSIT REQUIREMENTS 13.1 Amount of and reasons for deposit 16 13.2 Use of deposit monies 16 13.3 Increases to deposits 17 13.4 Cash or Letter of Credit 17

ARTICLE 14- BUILDING PERMIT REQUIREMENTS 14.1 Permits not assured 17 14.2 Prerequisites for permits 17 14.3 Refusal to issue permit if Developer in default 17

ARTICLE 15- OCCUPANCY REQUIREMENTS 15.1 Compliance with Ontario Building Code 18 15.2 Enforcement of occupancy permit requirement 18

ARTICLE 16- COVENANTS TO BE REGISTERED ON TITLE 16.1 Covenants on title 18

ARTICLE 17- LAPSING OF AGREEMENT 17.1 Two-year deadline to commence work 18

ARTICLE 18- GENERAL PROVISIONS 18.1 Licence to enter 18 18.2 Notices 18 18.3 Number and Gender 19 18.4 Headings and Index 19 18.5 Waiver 19 18.6 No assignment without consent 19 18.7 Severability 19 18.8 Developer’s acceptance of Agreement 19 18.9 Encumbrancer’s consent 19 18.10 Certification of completion of Agreement requirements 20 18.11 Certificates of Compliance 20 18.12 Counterparts and electronic transmission 20 18.13 Enurement 20

Page 60 of 201 3

SCHEDULE “A” – Legal Description of the Lands 22 SCHEDULE “A1” – Proposed M-Plan 23 SCHEDULE “B” – Conditions of Draft Plan Approval 24 SCHEDULE “C” – Variations/Exceptions from Standard Provisions of Agreement 29 SCHEDULE “D” – Lands to be Conveyed to Township 30 SCHEDULE “E” – Easements to be Conveyed to Township 30 SCHEDULE “F” – Payments to be made to Township 30 SCHEDULE “G” – Municipal Services to be provided by Developer 31 SCHEDULE “H” – Covenants and Restrictions 32 FORM 1 Grading Certificate 33 FORM 2 Form of Letter of Credit 34

Page 61 of 201 4

SUBDIVISION AGREEMENT

THIS SUBDIVISION AGREEMENT made in quadruplicate this 26TH day of August, 2019 pursuant to Section 51 of the Planning Act, R.S.O. 1990, c. P.13, as amended.

B E T W E E N:

WRIGHTHAVEN HOMES LIMITED (hereinafter called the "Developer") PARTY OF THE FIRST PART

- and -

THE CORPORATION OF THE TOWNSHIP OF CENTRE WELLINGTON (hereinafter called the "Township") PARTY OF THE SECOND PART

W H E R E A S:

A. The Developer is the owner of the lands described in Schedule “A” attached hereto which lands are the subject matter of draft plan approval for a residential subdivision pursuant to section 51 of the Planning Act [referred to herein as the “Development”];

B. The Township requires the Developer to enter into a written subdivision agreement with respect to the Development in satisfaction of one of the conditions of draft plan approval;

NOW THEREFORE this Agreement witnesses that in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada, now paid by each of the parties hereto to each of the other parties hereto, (the receipt whereof is hereby acknowledged), the parties hereto agree with each other as follows:

ARTICLE 1 – INTERPRETATION

1.1 Definitions

In this Agreement words commencing with a capital letter shall have the meaning set out in this Agreement including:

“Agreement” means this Agreement and all Schedules thereto and any documents incorporated herein by reference.

“Draft Plan” means the draft plan of subdivision 23T-17002 approved by the County of Wellington, subject to the provisions of this Agreement, in accordance with the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

“Lands” means the lands described in Schedule “A” attached hereto which lands are the subject matter of draft plan approval for a residential subdivision pursuant to section 51 of the Planning Act which the Developer proposes to service and develop in phases.

“Township Engineer” means the consulting engineering firm retained by the Township for review and approval of the subdivision.

ARTICLE 2 – SUBJECT LANDS AND PRECONDITIONS FOR SERVICING AND REGISTRATION

2.1 Legal description

The Development consists of those Lands described in Schedule “A” attached hereto.

2.2 Implementation of Draft Plan Conditions

The Developer covenants with the Township that the Lands shall be developed in accordance with the conditions of draft plan approval, a copy of which is attached as Schedule “B”.

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2.3 Clearance of conditions with respect to Plan to be registered

Before the Township informs the County that its requirements prior to registering all or a portion of the plan of subdivision [the “M-Plan”] have been met, the Developer shall:

i) reimburse the Township for all costs and expenses, including administrative expenses as defined herein, incurred by the Township in respect of the subdivision proposed for the Lands;

ii) pay any fees required by the Township’s Fees and Charges By-law, as amended, including administrative fees for the establishment of assessment records for each parcel within the Subdivision;

iii) pay in full all outstanding taxes including drainage, local improvement and special rates and charges which relate to the Lands;

iv) deposit with the Township the Letter of Credit, securities, confirmation of insurance and the advance towards administrative expenses as required in Articles 9, 10.2 and 11.7;

v) Deliver transfers of all lands described in Schedule “D” and of all easements and of all Lots and Blocks required by the Township, enumerated on Schedule “E”, free of charge, free and clear of all encumbrances, leaving the date of each transfer and the plan number and the description blank and authorizing the Township Solicitor to insert such date and plan number when the plan is registered and to register such transfers at the Developer’s expense.

vi) Ensure that all final plans and specifications required by the Township for the municipal services to be constructed in accordance with this Agreement, including the grading control plan, have been approved by the Township Engineer;

vii) Deposit with the Township evidence that the Developer has entered into an agreement or agreements with Centre Wellington Hydro (or other applicable provider of electrical services to the subdivision), which are satisfactory to the Township, and evidence that Bell Canada, Union Gas and cable television provider and any other suppliers of utilities which the Township deems necessary to properly develop the Subdivision, will service the Lands and that the plans for such utilities have been reviewed and accepted by the Township Engineer so that conflicts with required municipal services are avoided;

viii) Provide an Engineer’s Report to the satisfaction of the Township Engineer, stating the means whereby storm water from the development on the Lands will be carried to sufficient outlet and showing how erosion and siltation will be controlled during and after construction. Where storm water must be conducted through, or deposited upon, private lands before it reaches sufficient outlet, the Developer shall have obtained and conveyed to the Township the necessary easements and agreements, as set out in clause iv) above. The Developer shall also provide a detailed erosion and siltation plan prepared by a technically qualified consultant showing how the erosion/siltation effects will be contained and minimized prior to, during and after construction, to the satisfaction of the Township;

ix) Obtain from the Managing Director of Infrastructure Services confirmation that adequate water supply and capacity in the sewage collection system is available to accommodate the proposed development on the Lands;

x) Satisfy all conditions of Draft Plan approval; and

xi) Satisfy the Township regarding the financing of off-site services in accordance with this agreement.

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2.4 Prior to starting construction of services within any part of the M-Plan the Developer shall:

i) Notify the Township at least thirty (30) days before the commencement of construction and provide the Township with all information and material required by the Township;

ii) Deposit with the Township a Letter of Credit as required by Article 9 of this Agreement;

iii) Erect silt fences or other siltation and erosion control measures to the satisfaction of the Township. The silt fences and erosion control measures shall be erected prior to initiating any grading or construction on the site, and shall remain in place and in good repair during all phases of grading and construction;

iv) Prepare and submit and have approved by the Township a Schedule of Progress and Completion which shall set out how the construction of the services and utilities will be scheduled to be completed within the four (4) years contemplated by Article 8; and

v) Obtain all consents, approvals, and permits required by law and provide written evidence of same to the Township Engineer.

2.5 Delivery of Registered Plans

Upon registration of the M-Plan the Developer shall forthwith deliver to the Township’s Planning Co-ordinator ten (10) copies of the plan of subdivision (for each phase, if applicable) and a digitized disk of such plan in a computerized format which is compatible with the most current Autocad “.dwg” file, or in a format approved by the Township’s Planning Co-ordinator.

ARTICLE 3- SPECIAL PROVISIONS

3.1 Exceptions

Variations and exceptions from the standard provisions of this Agreement, if any, are attached hereto as Schedule “C”.

ARTICLE 4- CONVEYANCES AND PAYMENTS TO BE MADE

4.1 Lands to be conveyed for public purposes

The Developer shall convey to the Township the lands described more fully in Schedule "D" so that the Township acquires a good and marketable title thereto free of any mortgage, lien or other encumbrance.

4.2 Easements to be conveyed for public purposes

The Developer shall convey to the Township an easement or easements, affecting part of the Lands as described in Schedule “E, for the purpose set out therein. The Developer shall provide evidence in writing to the Township that easements have been conveyed as required by other utility companies for telephone, natural gas or similar services.

4.3 Payments to be made to Township

The Developer shall make payments to the Township in the amounts and at the times specified on Schedule “F”.

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ARTICLE 5- CONSTRUCTION OF SERVICES

5.1 Service to be provided

The Developer, at the Developer’s sole cost, shall cause to be constructed and installed those municipal services outlined in Schedule “G” attached hereto.

5.2 Developer’s engineers

The Developer has retained and, until Developer has fulfilled all of its obligations pursuant to this Agreement, shall retain, a civil engineer registered with Professional Engineers Ontario in order to provide engineering services with respect to the design and installation of the municipal services which shall be in accordance with the current standards and specifications of the Township. All plan(s) and specifications and any modifications thereto required by applicable ministries and agencies, and the contractors to be employed for the installation of services, shall be subject to the written approval of the Township Engineer.

5.3 As-recorded drawings

The Developer shall cause its engineers to deliver to the Township Engineer three complete sets, and to the Township’s Planning Co-ordinator one complete set, of as- recorded drawings and an electronic file of such drawings upon completion (following approval of the preliminary certification of the services by the Township Engineer) showing each of the said services as constructed.

5.4 Installation, supervision and inspection

All services required to be constructed or installed by the Developer hereunder shall be constructed or installed under the full-time supervision of the Developer’s engineers and to the satisfaction of the Township Engineer, who, acting reasonably, shall be empowered to:

(i) conduct such test of materials, methods and workmanship as they may determine including the use of close circuit television cameras for inspection of underground services prior to either preliminary or final acceptance of any of the required services; and,

(ii) require that any and all work shall cease until any breach of plans or specifications or its requirements (of which such engineers shall be the sole judge) has been remedied (other than the work required to be done to remedy such breach) and if such engineers deem it necessary to engage technical supervision the expense of such technical consultants, if engaged, shall be a debt due to the Township by the Developer recoverable on demand.

The Developer shall correct any deficiencies noted by the Township Engineer as soon thereafter as is practicable. In the event that the Developer fails to install the services described in Schedule “G” as required by the Township Engineer in accordance with this Agreement then the Township may give fifteen (15) days written notice of the default by prepaid registered mail to the Developer at the address provided in Article 18.2; thereafter the Township may enter upon the Lands and proceed to supply all materials and do all necessary works in connection with the installation of services, including the completion, repair and reconstruction of faulty work and the replacement of materials not in accordance with the approved plans and specifications. The Developer shall forthwith pay the cost of such work to the Township upon demand and the Township may draw upon the security provided pursuant to Article 9 to pay for all such costs and fees.

5.5 Street names and required signage

Where applicable, the Developer shall cause the roads and streets forming a part of the Lands to be named to the satisfaction of the Township and the Developer shall be responsible for the supply and placement of all street identification signs and all traffic control signs related to this development prior to the issuance of preliminary acceptance of the Stage I & II services. Furthermore the Developer shall be responsible for the supply and placement of all required “No Parking” signs upon completion of the Stage III services.

Page 65 of 201 8

5.6 Winter road and sidewalk maintenance

On or before the 1st day of October each year, the Developer shall make written request to the Managing Director of Infrastructure Services for snow removal services to be provided by the Township on specified roads and sidewalks after the streets and sidewalks have been constructed to an acceptable condition and after occupancy of at least 25 percent of the total number of dwelling units.

Where snow plowing is to be provided by the Township, on or before the 15th day of October each year, the Developer shall, at its own expense, ensure the following with respect to such, roads and sidewalks:

i) all ironworks including, but not limited to, water valves, manholes and catchbasins shall be installed flush with the surrounding grades; and,

ii) that there are no obstructions within the road allowance so as to permit the Township proper vehicular access and prevent damage to snow removal equipment for said winter maintenance works.

It is agreed that any maintenance performed by the Township pursuant to this section shall be deemed to have been performed by the Township as agents of the Developer and no action on the part of the Township pursuant to this paragraph shall constitute an assumption by the Township of said roads and streets and sidewalks. All temporary emergency access routes shall be maintained by the Developer at their expense and shall be cleared of ice and snow accumulation within 18 hours of the event.

5.7 Repair and maintenance of services

The Developer shall be responsible for the repair and maintenance of each service to be constructed pursuant to this Agreement until the Township has granted Final Acceptance with respect thereto. The Township shall have the right to undertake emergency repairs and maintenance of such services but in such instances this shall not be considered a waiver of the Developer’s obligations to maintain and repair.

5.8 Guarantee period

Each of the services required by Article 5.1 hereof shall be guaranteed by the Developer for a period of not less than one year from the date on which the Township grants Preliminary Acceptance with respect to such service. Such service shall only be assumed by the Township or Hydro, as the case may be, upon the Township granting Final Acceptance at the end of the guarantee period with respect to such service; the guarantee shall remain in effect until Final Acceptance has been granted for the applicable service.

5.9 Notice that services not assumed

Until Final Acceptance for all services has been granted the Developer shall erect and maintain signs as approved by the Township at all entrance points to the subdivision indicating that the Township has not assumed responsibility for municipal services within the subdivision.

5.10 Stages of construction for services

The Developer acknowledges that the Township will only grant acceptance, whether preliminary or final, on the basis of four distinct stages of construction and where the subdivision development is phased, within the whole of each phase as approved by the Township. The stages are as follows:

(i) Stage I services for purposes of this Agreement consist of all underground works including

a) all storm and sanitary sewers and foundation drain collection system; b) watermain; c) conduits or pipes for the electrical distribution system, communications and street lighting under roads; d) all other servicing including all water, storm and sanitary sewer service connections to the limit of the street allowance for each proposed building lot or block; and

Page 66 of 201 9

e) storm water management facilities

(ii) Stage II services include all works up to and including

a) curbs; b) gutters; c) base asphalt; d) placement of all required street signs and traffic control signs; e) erection of a sign at least twelve (12) feet by eight (8) feet to be approved by the Township Engineer at each entrance to the subdivision from a public road, which shall depict the plan of subdivision and shall indicate the locations of all sidewalks, restricted parking zones, mailboxes, and fencing including the type of fencing; f) erection of a sign at least three (3) feet by three (3) feet to be approved by the Township Engineer at each point of entry to the subdivision stating that the services including the streets have not been assumed by the Township, and that anyone using the services or streets does so at their own risk; and g) completion of parkland with grading, topsoil, approved vegetation including sod or seed.

(iii) Stage III services involve the completion of:

a) the electrical distribution system, communications, street lighting and gas which shall be completed prior to occupancy of any residence; and, b) all required fencing.

(iv) Stage IV services include:

a) final course of asphalt (to be placed a minimum of one year following placement of base asphalt); b) sidewalks; c) street trees; and d) all other services required by this Agreement.

5.11 Environmental Control and Inspection

The Developer shall be responsible for the cost of all inspection required for the purpose of environmental control and protection. The Developer shall be responsible for the cost of retaining a qualified environmental inspector to monitor all phases of development and construction including grading, servicing and building construction and to report to the Township Engineer on the erosion and sediment control measures and procedures. The Developer shall provide a qualified environmental inspector, satisfactory to the Township Engineer to inspect the site during all phases of development and construction including grading, servicing and building construction. The environmental inspector shall monitor and inspect the erosion and sediment control measures and procedures on a monthly or more frequent basis if required. The environmental inspector shall report on his or her findings to the Township on a monthly or more frequent basis. The Township recognizes that the environmental inspection for this subdivision can be completed by a qualified engineering inspector to the satisfaction of the Township.

5.12 Written Permission

The Developer agrees that no work including but not limited to tree removal, grading or construction will occur on the lands until such time as the Developer has obtained written permission from the Township Engineer or has entered into a subdivision agreement with the Township.

5.13 Stabilization

The Developer shall stabilize all disturbed soil within 90 days of being disturbed, control all noxious weeds and keep ground cover to a maximum height of 150 mm (6 inches) to the satisfaction of the Township Engineer until the release of the subdivision agreement on the block/lot so disturbed.

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5.14 Construction Traffic Access and Control Plan

The Developer shall prepare and implement a construction traffic access and control plan for all phases of servicing and building construction to the satisfaction of the Township Engineer. Any costs related to the implementation of such a plan shall be borne by the Developer. All damage or maintenance required to surrounding streets as a result of such traffic shall be at the Developers cost.

5.15 Erosion and Sedimentation Control

The Developer shall construct, install and maintain erosion and sediment control facilities, prior to any grading or construction on the Lands, in accordance with a plan that has been submitted to and approved by the Township Engineer.

5.16 Wells and Boreholes

The Developer shall ensure that any domestic wells or boreholes drilled for hydrogeological or geotechnical investigations shall be properly abandoned in accordance with current Ministry of the Environment and Climate Change Regulations and Guidelines to the satisfaction of the Township Engineer.

5.17 Certification of Fill

The Developer shall submit a report prepared by a Professional Engineer to the satisfaction of the Chief Building Official certifying all fill placed below proposed building locations. All fill placed within the allowable zoning by-law envelope for building construction shall be certified to a maximum distance of 30 metres from the street line. This report shall include the following information: lot number, depth of fill, top elevation of fill, and the area approved for building construction from the street line.

5.18 Soil Gases

The Developer shall submit a report prepared by a Professional Engineer to the satisfaction of the Chief Building Official providing an opinion on the presence of soil gases (radon and methane) in the plan of subdivision in accordance with applicable provisions contained in the Ontario Building Code.

5.19 Fill Importation Requirements

If the Developer intends to import fill from off the subject site for use on the site, the Developer shall prepare and implement a Soil Testing, Site/Soil Management, and Reporting Protocol to the satisfaction of the Township.

5.20 Noise Attenuation Measures, Where Applicable

Where applicable, the Developer shall implement all specific noise control measures recommended in any approved noise study and plans. If noise attenuation measures are required, prior to occupancy of any of the building units, the Developer shall provide certification to the Managing Director of Infrastructure Services though a Professional Engineer that the noise control measures have been implemented in accordance with the approved noise study and plans.

ARTICLE 6- DRAINAGE

6.1 Overall grading plan

The Developer has retained a civil engineer registered with Professional Engineers Ontario to prepare an overall grading and lot drainage plan. Such plan shall be submitted to and approved by the Township Engineer and a copy thereof when so approved [the “Approved Grading Plan”] the applicable portion thereof shall be delivered by the Developer to each purchaser of a lot or block, or part thereof, forming a part of the Lands. A copy of the approved drainage plan shall be filed with the Township Engineer and the Township’s Chief Building Official.

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6.2 Rough-grading, stockpiles and weed-free maintenance

The Developer shall ensure that all lots or blocks, or parts thereof, forming a part of the Lands shall be rough graded and drained in accordance with the Approved Grading Plan and to eliminate any ponding of water. All drainage works required to accommodate the Approved Grading Plan shall be constructed and installed by the Developer. Any clearing, grubbing or area grading required to implement the Approved Grading Plan must be approved by the Township Engineer prior to the operations on site taking place. The Developer shall also obtain the approval of the Township Engineer for stockpile location. All vacant lots, blocks or parts thereof shall be maintained by the Developer cutting down weeds when required to do so by the Township until the date that a building had been erected on the applicable lot, block or part thereof, failing which the Township may do so at the cost of the Developer.

6.3 Site Plans for building lots

All applications for a building permit for any lot, block or part thereof forming part of the Lands shall be accompanied by a Site Plan which shows elevations of top of foundation, garage floor, all lot corners and sufficient other elevations to confirm that the proposed building and resulting lot grading will conform with the Township’s servicing standards and the Approved Grading Plan referred to in Article 6.1; any variance between the information shown on the Site Plan and the Approved Grading Plan shall require the prior written approval of the Township Engineer.

6.4 Certification of grading

All applications for written evidence of compliance with the terms of this Agreement for any part of the Lands shall be accompanied by a certification to the Township from a Civil Engineer registered with Professional Engineers Ontario or Ontario Land Surveyor using the form of certification attached hereto as Form 1 which confirms that the building constructed and the grading of the land to be released, is in conformity with the applicable Township’s servicing standards, the Site Plan referred to in Article 6.3, and the Approved Grading Plan referred to in Article 6.1 and that any variance from the plan has received the prior approval of the Township Engineer.

ARTICLE 7- ACCEPTANCE AND OWNERSHIP OF SERVICES

7.1 Preliminary Acceptance

Upon the satisfactory completion of each stage of servicing as identified in Article 5.10 and provided that:

(i) the Township Engineer has given approval of the written certification to be provided to the Township by the Developer’s Consulting Engineers that all such services have been constructed and installed in accordance with the approved plans and specifications and this Agreement; and

(ii) the Developer has paid all monies then payable by it to the Township.

The Township’s Managing Director of Infrastructure or his designate may grant Preliminary Acceptance of the applicable services and thereafter the said services shall be subject to the minimum one-year guarantee and maintenance period described in Article 5.8.

7.2 Final Acceptance

The Managing Director of Infrastructure Services may grant the Final Acceptance of all of the applicable services constituting the stages of servicing identified in Article 5.10 at a date at least one year after the date of the Preliminary Acceptance referred to in Article 7.1 for such services. Final Acceptance will only be issued once all the stages have been completed provided Developer has paid all monies payable by it to the Township, and the Township Engineer:

(i) is satisfied the applicable services have been completely installed;

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(ii) is satisfied that no repairs or maintenance work on the applicable services remains to be completed;

(iii) is satisfied that all standard iron bars, concrete monuments or monumentation of higher standard which were disturbed in the course of servicing or building, have been restored by or at the expense of the Developer and that a certificate from an Ontario Land Surveyor or other evidence satisfactory to the Township’s solicitor has been provided to confirm that all such monumentation has been located and, where necessary, replaced.

(iv) has approved the formal certification from the Developer’s Consulting Engineers to the Township certifying that all applicable works and services have been completely installed in accordance with the approved plans and specifications and this Agreement; and,

(v) has received the mylar or similar copies of all as-recorded drawings and electronic copy thereof including the Approved Grading Plan

(vi) quality control testing and inspections as required by the Township demonstrates that services and works have been constructed as per approved drawings to the satisfaction of the Township.

7.3 Acceptance during winter months

The Township will not provide a Preliminary or Final Acceptance certificate during the months of December, January, February or March in each year or at any other time when inspection of services is impractical.

7.4 Use of Service before Final Acceptance

The Developer agrees that the Township shall have the use of the services to be provided pursuant to this Agreement for the purpose for which each such service was designed and further that Township employees, agents and/or contractors may, on no notice, make emergency repairs to such services. The exercise by the Township of its powers under this Article shall not be deemed to be an acceptance of such service, an assumption of any liability associated with such service or a waiver of any rights of the Township to enforce its rights under this Agreement. Until final acceptance of all services has been granted pursuant to Article 7.2, the Developer shall maintain signs as referred to in clause (v) of Article 2.5 at each point of entry to the subdivision stating that the services including the streets have not been assumed by the Township.

7.5 Ownership of services

Upon the issuance to the Developer of the Final Acceptance Certificate the ownership of the services described in such certificate (except grading) shall vest in the Township and the Developer shall have no claims or rights thereto, other than those accruing as an owner of land abutting the streets in which such services are installed.

ARTICLE 8- DEADLINE FOR COMPLETION OF SERVICES

8.1 Four (4) -year deadline

The Developer shall complete the construction and installation of services described in Article 5.1 and the rough grading required by Article 6.2 within forty-eight (48) months from the date on which the construction of services was commenced, failing which the Township may demand an increase in the amount of security or draw upon the existing security to complete such services or works.

ARTICLE 9- FINANCIAL ASSURANCES

9.1 Type and amount of security

Prior to commencing any work the Developer shall deposit with the Township cash, or an irrevocable standby letter of credit from a Canadian chartered bank acceptable to the Township and in a form approved by the Township based upon Form 2 attached to this Agreement [the “security”] to secure and guarantee to the Township due performance of

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the Developer’s obligations relating to the provision of municipal services and all financial obligations of the Developer, present and future, pursuant to this Agreement and the security shall be in an original sum of not less than 100% of the value of the municipal and engineering services and rough grading required by this Agreement plus applicable taxes. In the event that a letter of credit is provided then the Township shall be named as beneficiary/secured party therein.

9.2 Valuation of services

The value of the various services and rough grading for the purposes of the preceding paragraph shall be based on the cost estimates of the Developer’s engineers, as approved by the Township Engineer, and adjusted as necessary to be equal to 100% of the contracted price plus the estimated engineering costs.

9.3 Reduction of security

As work is completed and Preliminary Acceptance referred to in Article 7.1 is granted by the Township for any sections of the work, the security may be reduced to an amount equal to one hundred and thirty (130%) percent of the cost of the work remaining to be completed as estimated by the Developer’s Engineers and verified by the Township Engineer. In no case will the security required under this Section be reduced to less than Fifty Thousand ($50,000.00) Dollars until the issuance of the certificate of Final Acceptance for all services as provided in Article 7.2.

9.4 Authority to draw upon security

The Developer specifically authorizes the Treasurer of the Township to draw upon the security provided pursuant to Article 9.1 and to use such monies to pay for any costs or expenses incurred by the Township in connection with or relating to the development governed by this Agreement and /or to satisfy any financial obligation of the Developer to the Township pursuant to the terms of this Agreement when due.

ARTICLE 10 – INSURANCE & INDEMNIFICATION

INSURANCE

10.1 The Developer shall take out and keep in full force and effect until 24 months following the Final Acceptance of the Public Services, at is sole cost and expense, insurance with an insurance company licensed to do business in Ontario. The insurance policy shall cover the Ownership of the Lands and include construction, installation, repair or maintenance of all Public Services. It shall include, but not be limited to:

a) Commercial Liability Insurance Commercial general liability insurance applying to all operations of the Developer which shall include coverage for bodily injury or death, broad form property damage, products and completed operations liability, Developer’s and contractor’s protective liability, blanket contractual liability, contingent employer’s liability, non-owned automobile liability and shall include cross liability and severability of interest clauses. This policy shall contain no exclusions for damage or loss from blasting, vibration, pile driving, the removal or weakening of support, shoring and underpinning, or from any other activity or work that may be done in connection with the development of this subdivision. Such policy shall be written with limits of not less than Five Million Dollars ($5,000,000) exclusive of interest or costs, per occurrence and shall include the Township and its consulting engineers as additional insured. The Township may require by notice in writing to the Developer an increase in the amount of such coverage up to a maximum of Ten Million Dollars ($10,000,000) for each occurrence.

b) Automobile Liability Insurance Automobile liability insurance with an inclusive limit of liability of Two Million Dollars ($2,000,000) on forms meeting the statutory requirements covering all licensed vehicles used in any manner in connection with the development of this subdivision including legal liability for damage to non-owned automobiles coverage and/or cargo insurance. The policy must provide coverage for bodily injury or death or property damage arising out of the Ownership, use or operation of all owned and/or leased automobiles.

c) Environmental Pollution Liability

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Environmental pollution liability with a limit of Five Million Dollars ($5,000,000) per occurrence and a deductible amount not greater than One Hundred Thousand Dollars ($100,000) to cover injury to or physical damage to tangible property including loss or use of tangible property, or the prevention, control, repair, cleanup or restoration of environmental impairment of lands, the atmosphere or any water course or body of water on a sudden and accidental basis and on a gradual release. The policy shall include bodily injury, including sickness, disease, shock, mental anguish and mental injury.

10.2 All policies of insurance stipulated herein will be with insurers acceptable to and in a form satisfactory to the Managing Director of Corporate Services/Treasurer.

10.3 If required by the Township, the Developer shall prove to the satisfaction of the Township that all premiums on such policy or policies have been paid and that all insurance is in full force and effect.

10.4 The Developer agrees to deposit with the Township, prior to execution of this Agreement, a certificate of insurance as prepared by the insurer.

10.5 Such policies shall not be terminated, cancelled or materially altered unless written notice of such termination, cancellation, or material alteration is given by the insurers to the Township at least thirty (30) days before the effective date thereof.

10.6 The Developer shall file a renewal certificate with the Township not later than one (1) month before the expiry date of any policy of insurance provided pursuant to this Agreement. In the event that such renewal certificate is not received, the Township shall be entitled to either review the policy at the expense of the Developer or to order that all work on the Lands within the Plan cease until the policy is renewed.

10.7 The issuance of such policy of insurance shall not be construed as relieving the Developer from the responsibility for other or later claims or claims in excess of the limits of the policy, if any, for which it may be held responsible. INDEMNIFICATION

10.8 The Developer, its assigns and successors in title, agree that they shall indemnify and save harmless the Township of and from all actions, causes of action, suits, claims, demands, losses, costs, charges and expenses of every nature and kind whatsoever by whomsoever made, brought or prosecuted, including legal fees, which the Township may incur, be put to or have to pay, which may arise either directly or indirectly by reason of any activity of the Developer, its employees, servants, agents, contractors, subcontractors in completing the Public Services or other works under this Agreement; by reason of installation of any works or Public Services required or contemplated under this Agreement; by the failure of the Developer to complete the installation of the works or Public Services required or contemplated under this Agreement; or because of or on account of the Ownership, construction, use, existence, or maintenance of the property described in this Agreement; by the exercise of the Developer’s powers and obligations under this Agreement; or by reason of the neglect of the Developer or its employees, servants, agents, contractors, subcontractors or others for whom the Developer is responsible at law in exercising its said powers and obligations under this Agreement. Without limiting the generality of the foregoing, the Developer and its assigns and successors in title agree to indemnify and save harmless the Township for any issues related to the alteration of any grade or existing level construction, the maintenance or repair of any street within the subdivision, or by reason of this failure, neglect of omission of the Developer to do anything agreed to be done pursuant to this Agreement or by reason of any act or omission of the Developer, including failure of the Developer to comply with the Construction Act, as amended from time to time. This provision shall apply even after the subdivision has been assumed if the act or omission of the Developer took place prior to Final Acceptance.

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ARTICLE 11- DEVELOPER’S ADDITIONAL OBLIGATIONS DURING SERVICING

11.1 Construction liens

Notwithstanding anything contrary contained in this Agreement, the Developer hereby agrees that the filing of any liens pursuant to the Construction Act, as amended, with respect to the services required by this Agreement, shall constitute a default by the Developer of the terms of this Agreement and shall entitle the Township to draw on any security required by this Agreement and to use the said draw to make payment into court of the holdback, together with costs. The Developer agrees that when it applies for a release of securities or for Preliminary Acceptance of the services or any part thereof or for a Certificate of Final Acceptance, it shall if requested supply the Township with a Statutory Declaration that all accounts for services and materials for such services have been paid, except the normal construction lien holdbacks, and that there are no claims for liens or otherwise in connection with such services or materials supplied for or on behalf of the Developer in connection with this Agreement.

11.2 Control of dust and other nuisances

The Developer agrees to control dust, dirt, mud, construction refuse and other nuisances on the streets adjacent to the proposed development and on any adjoining streets whether under the jurisdiction of the Township or other authority. The Township reserves the right to give written notice to the Developer to take remedial action if in the Township Engineer’s opinion dust, dirt, mud or other nuisance from the development causes problems or complaints; if the necessary remedial action has not been taken within forty- eight (48) hours or the delivery of such notice to the Developer or its Engineers, the Township shall have the right to take such remedial action as specified in the written notice itself and the costs of same shall be paid forthwith by the Developer to the Township.

11.3 Construction Refuse and Debris

The Developer, and each subsequent owner of any part of the Lands shall regularly dispose of all construction refuse, debris or weeds in an orderly and sanitary fashion whether such items result from site servicing or house building or any other source related to the development of the site. If the Developer or each subsequent owner of any part of the Lands fails to remove and dispose of construction refuse and debris to the satisfaction of the Township Engineer, the Township may give written notice to the Developer or applicable owner requiring proper disposal. If the Developer or any subsequent owner of part of the Lands fails to dispose of the refuse, debris or weeds within forty-eight (48) hours after having received a written request from the Township so to do, the Township may, without further notice, undertake such removal and disposal and the costs thereof shall be paid by the Developer or owner receiving the notice forthwith upon demand, which costs shall include all expenses incurred by the Township in carrying out such removal and disposal, and until paid such amounts shall constitute a charge against the applicable land and may be paid from the security pursuant to Article 9 or from the Building Deposit held by the Township pursuant to Article 13.1, as the case may require.

11.4 Construction traffic

The Developer shall co-ordinate all construction traffic associated with the development in a manner which causes the least disruption to existing developed areas and shall implement recommendations of the Township Engineer with respect to site access.

11.5 Storage of construction materials

The Developer covenants that at no time shall construction material for services or buildings to be constructed on the Lands be stored or stock-piled on any street allowance or other municipally-owned lands.

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11.6 Sewer Use By-law

The Developer agrees that construction of all services and residences within the development contemplated by this Agreement shall adhere to the requirements of the Township’s Sewer Use By-Law in effect as amended from time to time. Under no circumstances shall surface or groundwater drains be connected to the Municipal Sanitary Sewer System.

11.7 Payment of Township’s costs

The Developer agrees to pay all reasonable costs and expenses, including engineering, planning, administrative and legal fees incurred by the Township and, if required for extra Council meetings, as a result of the Developer’s development proposal and its obligations pursuant to this Agreement. Invoices for such costs and expenses shall be paid by the Developer within thirty (30) days of the date of delivery of the invoice; delivery shall be deemed to have been made on the third (3rd) day after mailing.

11.8 Penalty and interest on late payments

In the event the Developer fails to make any payments to the Township as required by this Agreement or fails to pay any invoice or statement issued pursuant to this Agreement within thirty (30) days, then the Developer shall be declared to be in default under this Agreement and the said amount payable thereunder plus an administration fee equal to ten (10%) percent of such amount shall then be payable. The Township may make the payment from the Administrative Deposit referred to in Article 11.7. Until the required amount has been paid and the Administrative Deposit reinstated to the original amount of such deposit any sum owing to the Township shall bear interest at the rate of five (5%) percent above the prime per annum interest rate charged from time to time by TD Canada Trust (the “Bank”) calculated monthly and payable monthly, with such interest rate to be adjusted from time to time on the same basis as prime interest rate adjustments are made by the Bank, and, in addition to any other remedy, the Township shall have the option to withhold building permits for any parts of the Lands.

11.9 Maintenance of the storm water management facility and related infrastructure

The Developer is responsible to ensure that the storm water management facility and all related storm water quality/quantity appurtenances shall be maintained during all phases of the development and as such may require maintenance upon the completion of each phase or as directed by the Township.

11.10 Transfer of Environmental Compliance Approvals

Upon the issuance of Final Acceptance of all stages of the development, the Developer shall make arrangements to transfer all applicable Environmental Compliance Approvals into the Township’s name.

11.11 Watermain commissioning, flushing and monitoring program

The Township requires a watermain commissioning, flushing and chlorine residual monitoring program be implemented. The Developer will be responsible for preparing the commissioning, flushing, and monitoring program for review and approval by the Township. The Township’s Infrastructure Services Department will be responsible for the implementation of the program, however, the Developer will be responsible for all costs associated with the program implementation.

11.12 Street lighting and pathway lighting

All operation and maintenance cost related to street lighting and pathway lighting shall be the responsibility of the developer until such time as the Township issues Final Acceptance of the development. All hydro costs associated with the street lighting and pathway lighting shall be the Developer responsibility from the time in which the hydro has been energized up to the time in which Final Acceptance has been issued by the Township for the development.

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11.13 Sanitary sewer flow monitoring

Prior to the placement of surface asphalt, the Developer shall implement a flow monitoring program to illustrate that any Inflow and Infiltration does not exceed the Ministry of the Environment and Climate Change guidelines and industry best management practices. Furthermore, the flow monitoring program shall be conducted through the spring or fall during wet weather conditions. All costs associated with the flow monitoring program shall be the Developer’s responsibility.

ARTICLE 12- DRIVEWAY LOCATIONS

12.1 Timing of driveway cuts

The Developer covenants that no driveway cuts or ramps shall be installed, constructed or made until the foundation of the dwelling unit to be served by that particular driveway entrance has been completed.

12.2 Approval of driveway locations

All driveway entrances or cuts shall be constructed or made at a location and in a manner approved by the Township Engineer.

12.3 Driveway standards

All driveway ramps shall be constructed in accordance with the Township’s servicing standards and flush with the back of curb and sidewalk. Driveway ramps shall be paved from the traveled portion of the street allowance to the front lot line as part of the municipal services described in Schedule “G” attached hereto.

ARTICLE 13- BUILDING DEPOSIT REQUIREMENTS

13.1 Amount of and reasons for deposit

The Developer, its successors on title, or such person’s duly authorized contractors, shall, at the time of applying for a building permit for each parcel of land forming a part of the Lands, deposit with the Township a Building Deposit, which at the date of this Agreement is equal to the sum of $4,000.00, which deposit is intended to ensure that:

(i) that the parcel for which the permit is requested is graded in conformity with the Approved Grading Plan referred to in Article 6.1 and the individual Site Plan referred to in Article 6.3; (ii) that all Ontario Building Code matters or requirements relating to the occupancy and the completion of the residence have been completed and approved by the Township’s Chief Building Official; and, if applicable. In the event that the residence with respect to which the deposit was paid is occupied prior to the satisfaction of Ontario Building Code occupancy requirements (ii), the whole of the Building Deposit shall be forfeited to the Township. (iii) that driveway cuts and driveway ramps have been completed as required by this Agreement. (iv) that the required tree(s) in the boulevard at the front of the lot and in the event of a corner lot at the side of the lot has/have been planted. (v) any damages caused to municipal services or facilities adjacent to the construction site during construction of the residence are suitably repaired in accordance with municipal servicing standards and have been inspected and approved in writing by the Township Engineer and that all construction debris is properly disposed of in accordance with Article 11.3;

Depending on the subdivision’s Final Acceptance status pursuant to Article 7.2, the Township may consider deferral of outstanding works categorized under items 13.1 (iv) and (v). Should deferral occur, these outstanding works would require completion in their entirety prior to Final Acceptance in addition to the requirements of Article 7.2.

13.2 Use of deposit monies

The Township reserves the right to give notice to the applicant for the building permit and the then registered owner of such parcel and its duly authorized contractor, if known, that unless one or more of the matters outlined in subclauses (i) to (iv) inclusive

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of Article 13.1 are completed to the satisfaction of the Township Engineer or Chief Building Official, as the case may be, then the Township, through its agents, contractors or employees and with or without equipment, shall have the right to enter upon the said parcel and complete or rectify the matters referred to in the notice aforesaid and to pay for all of the costs incurred by it from the said Building Deposit monies. No part of the Building Deposit monies shall be repaid to the owner, or the owner’s designate, until the Township Engineer has confirmed that subclauses (i) (ii) and (iv) above have been satisfied and that the Chief Building Official confirms that subclause (iii) above has been satisfied.

13.3 Increases to deposits

The amount of the Building Deposit described in this Article may be increased unilaterally by the Township on any anniversary date of this Agreement to take into account the effects of inflation as hereinafter provided. If in the month of the anniversary date of this Agreement in any year there shall have been an increase in the Composite Southam Construction Cost Index (Ontario Series) for the preceding one-year period then the Building Deposit may be increased in accordance with the percentage change in such index during such one-year period.

13.4 Cash or Letter of Credit

The Building Deposit may be paid to the Township in cash or by delivery to the Township’s Treasurer of an irrevocable standby letter of credit in a form approved by the Township based upon Form 2 attached to this Agreement.

ARTICLE 14- BUILDING PERMIT REQUIREMENTS

14.1 Permits not assured

The execution of this Agreement by the Township shall not be deemed to give any assurance that a building permit when applied for shall be issued.

14.2 Prerequisites for permits

The Chief Building Official shall not issue a building permit(s) for the Lands until the following conditions have been fulfilled: -

(i) the Township’s Managing Director of Infrastructure Services has granted Preliminary Acceptance in writing of Stage 1 and Stage II services in accordance with Article 7.1.

(ii) the Site Plan detailed in Article 6.3 has been approved by the Township for the parcel of land for which a permit is required;

(iii) the Township has received payment of any monies to be paid pursuant to Article 4.3 and any applicable Development or Educational Development Charge;

(iv) all municipal taxes are paid in full in respect of all the Lands;

(v) the security required by Article 9 is in good standing;

(vi) the Building Deposit described in Article 13.1 has been paid to the Township;

(vii) if the building site is within an area of known termite infestation, the building plans and specifications include provisions to render the building resistant to the infestation of termites to the satisfaction of the Chief Building Official; and,

(viii) the application complies with applicable law.

Notwithstanding the foregoing, one or more building permits for model homes may be available in accordance with a Model Home Agreement.

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14.3 Refusal to issue permit if Developer in default

The Township shall have the power to refuse to grant building permits for any lot(s) in the plan(s) at any time when the Developer is in default under this Agreement and to issue permits for such stages of construction as authorized by the Chief Building Official.

ARTICLE 15- OCCUPANCY REQUIREMENTS

15.1 Compliance with Ontario Building Code

Occupancy of a residence shall not be permitted until:

(i) the applicable requirements of the Ontario Building Code have been satisfied; (ii) all Stage I, II and III services have been completed; (iii) a water meter has been installed for the residence meeting Township specifications; and (iv) driveway cuts have been made in the curbs at the approved locations, and granular base has been installed in the driveway ramps.

15.2 Enforcement of occupancy permit requirement

In addition to the requirements of Article 15.1, no residence shall be occupied or used for residential purposes until the Chief Building Official has permitted occupancy following an inspection by the Chief Building Official or his designate confirming that all requirements of the Ontario Building Code concerning occupancy have been satisfied with respect to such residence. In the event of a breach of this requirement the whole of the Building Deposit shall be forfeited to the Township and the Township through its agents, employees or contractors, with or without equipment, shall be authorized, at its option, to enter upon the parcel of land to rectify any matter that is deficient or requires repair.

ARTICLE 16- COVENANTS TO BE REGISTERED ON TITLE

16.1 Covenants on title

The Developer shall incorporate the conditions and covenants set out in Schedule “H” as covenants and restrictions in all deeds for parts of the Lands which run with the land in perpetuity for the benefit of the abutting roads and street.

ARTICLE 17- LAPSING OF AGREEMENT

17.1 Two-year deadline to commence work

The parties agree that unless required security has been provided pursuant to Article 9 and construction of services commenced within two (2) years from the date of this Agreement the terms of this Agreement shall lapse.

ARTICLE 18- GENERAL PROVISIONS

18.1 Licence to enter

The Developer grants to the Township, and shall retain for itself, a licence to enter upon all parts of the Lands in order to permit all work required by this Agreement to be completed in accordance with all approved plans and specifications. Such licence shall remain in existence until the Township issues a release for the applicable part of the Lands.

18.2 Notices

Any notice, invoice or other writing required or permitted to be given pursuant to this Agreement (including notice of a change of address) shall be deemed to have been given if delivered personally to the party or to an officer of the applicable corporation or, if delivered by prepaid first class mail, on the third (3rd) day after mailing. The address for service of each of the parties is as follows:

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Developer: Wrighthaven Homes Limited 925 Gartshore Street Fergus, ON N1M 2W7

Township: The Corporation of the Township of Centre Wellington 1 MacDonald Square, Elora, Ontario, N0B 1S0 Attention: Municipal Clerk

To any other person: at the address shown for such person in the last revised assessment roll or the latest address for such person as shown in the Township’s records.

18.3 Number and Gender

It is agreed between the parties hereto that the appropriate changes in number and gender shall be implied where the context of this Agreement and any schedules hereto so require in order that the Agreement and any part thereof shall be construed to have its proper and reasonable meaning.

18.4 Headings and Index

All heading and sub-headings and the Index within this Agreement are incorporated for ease of reference purposes only and do not form an integral part of the Agreement.

18.5 Waiver

It is expressly understood and agreed that the remedies of the Township under this Agreement are cumulative and the exercise by the Township of any right or remedy for the default or breach of any term, covenant, condition or agreement herein contained shall not be deemed to be a waiver or alter, affect or prejudice any other right or remedy or other rights or remedies, to which the Township may be lawfully entitled for the same default or breach; and any waiver by the Township of the strict observance, performance or compliance by the Developer or with any term, covenant, condition or agreement herein contained, or any indulgence granted by the Township to the Developer shall not be deemed to be a waiver of any subsequent default or breach by the Developer, nor entitle the Developer to any similar indulgence heretofore granted.

18.6 No assignment without consent

The Developer shall not assign this Agreement without the prior written consent of the Township, which consent will not be unreasonably withheld.

18.7 Severability

If any term of this Agreement shall be found to be ultra vires of the Township, or otherwise unlawful, such term shall conclusively be deemed severable and the remainder of this Agreement mutandis shall be and remain in full force and effect.

18.8 Developer’s acceptance of Agreement

The Developer shall not call into question, directly or indirectly, in any proceedings whatsoever in law or in equity or before any administrative tribunal the right of the Township to enter into this Agreement and to enforce each and every term of this Agreement and this Agreement may be pleaded as estoppel against the Developer in any such proceedings.

18.9 Encumbrancer’s consent

The Developer covenants that upon execution of this Agreement it shall cause every person having an encumbrance or charge affecting the Lands to postpone such interests in favour of the Township’s interests pursuant to this Agreement and to provide duplicate registered copies of such postponement agreements to the Township’s solicitor.

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18.10 Certification of completion of Agreement requirements

The Developer and its successors, when not in default of this Agreement, may apply for a certificate confirming that all requirements of this Agreement have been complied with upon payment of the applicable fee. The Township may choose not to issue a certificate of compliance with respect to this Agreement for any particular part of the Lands during the months of December, January, February and March. The Township shall not issue such certificate until the following conditions have been fulfilled: -

(i) all those conditions required under Article 14.2 which must be fulfilled prior to making application for a building permit;

(ii) the certification detailed in Article 6.4 with respect to conformity to the drainage plan has been received by the Township for the lot or block for which a release is sought;

(iii) the covenants detailed in Article 16 and Schedule “H” are registered on title of the lot or block for which a release is sought;

(iv) the sodding of the lot has been completed;

(v) all of the services set out in Article 5.10 have been completed and the guarantee periods with respect to same have expired;

(vi) the Developer has delivered to the Township Engineer a Statutory Declaration stating that all accounts for services and materials for such services have been paid (except the normal guarantee holdbacks) and that there are no claims for liens or otherwise in connection with such services done or materials supplied for or on behalf of the Developer in connection with this Agreement.

18.11 Certificates of Compliance

Until such time as this Agreement has been certified to be complete with respect to any part of the Lands the Township will, upon request and payment of the applicable fee, provide a Certificate of Compliance with respect to such lot which shall detail the requirements of this Agreement yet to be fulfilled and confirming that all other requirements of this Agreement have been complied with.

18.12 Counterparts and electronic transmission

This Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same agreement. This Agreement, or its counterparts, may be sent and received by facsimile or similar electronic transmission and the communication by such means will be legal and binding on all parties.

18.13 Enurement

This Agreement and the covenants, provisions and conditions herein contained shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns.

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IN WITNESS WHEREOF the parties hereto have affixed their corporate seal under the hand of their proper officers or set their hand and seal.

WRIGHTHAVEN HOMES LIMITED. Per:

______Steven Wright, President

I/We have authority to bind the Corporation

THE CORPORTATION OF THE TOWNSHIP OF CENTRE WELLINGTON

Per:

______Mayor

Per:

______Clerk We have authority to bind the Corporation

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SCHEDULE “A”

Legal Description

PT RESERVE BOUNDED BY ARTHUR RD, ELGIN ST, SOUTH QUEEN ST, PL 181 BEING PT 6, 61R8747 EXCEPT PT 5, 61R8775; CENTRE WELLINGTON PIN: 71408-0536 (LT)

PT PARK LOTS 7 & 8 (AKA UNNUMBERED LOT), 9, SOUTH SIDE QUEEN STREET, PART LOT 4 SOUTHEAST SIDE OF MCNAB ST, RESERVES SOUTH OF ST. GEORGE ST., EAST OF WATERLOO ST. & NORTH OF SOUTH QUEEN ST, PART OF RESERVE BOUNDED BY ARTHUR RD, ELGIN ST, SOUTH QUEEN ST & ST. GEORGE; PART SOUTH QUEEN ST; PART GILKISON ST, PART UNNAMED ST (AKA GILKSON ST,), PART ELGIN ST, CLOSED BY MS18264 AND ROS617273; PART ST. GEORGE ST (NICHOL ST.), PART LOTS 1 TO 6 INCL., NORTHWEST SIDE OF ST. GEORGE ST,; PL 181 BEI NG PTS 2 TO 5, 61R8747 EXCEPTS PTS 2, 4 & 6, 61R8775; CENTRE WELLINGTON; S/T EASEMENT OVER PT 3, 61R8747 AS IN RO780817; S/T EASEMENT IN FAVOUR OF THE CORPORATION OF THE TOWNSHIP OF CENTRE WELLINGTON OVER PTS 3 & 7, 61R8775 AS IN WC11355. PIN: 71408-0541 (LT)

PT LTS 9 & 10, ALL OF LTS 11 TO 16, NW/S OF ST. GEORGE AND PT OF ST. GEORGE ST. (CLOSED BY BY-LAW 2149-89 NO. 617273), PL 181; BEING PT 1, 61R8747 EXCEPT PT 1, 61R8775; CENTRE WELLINGTON PIN: 71408-0538 (LT)

Page 81 of 201 24

S C H E D U L E “B” CONDITIONS OF DRAFT PLAN APPROVAL

THE CORPORATION OF THE COUNTY OF WELLINGTON

DECISION OF THE CORPORATION OF THE COUNTY OF WELLINGTON

With respect to an application by Edgehill Properties Limited – Granwood Subdivision Phase 3 pursuant to the provisions of Section 51 of the Planning Act, R.S.O. 1990 as amended for approval of a residential plan of subdivision, being Part of Lots, Streets and Reserves on Registered Plan 181, Village of Elora, Township of Centre Wellington, in the County of Wellington:

Draft Approval has been granted on October 30, 2018 subject to the following conditions:

CONDITIONS OF APPROVAL FOR DRAFT PLAN OF SUBDIVISION 23T-17002

No. Condition:

1. THAT this draft approval applies to the draft plan, County of Wellington File No. 23T- 17002 (Phase 3), as dated April 30, 2018 by BSR&D Ltd. (Project No. 16-0370-2), showing Lots -53, 56-68 & 73-79 being 73 Single Family units (4.083 ha); Lots 54, 55, 69-72, 80 & 81 being 16 Semi-Detached units (0.597 ha); Blocks 82-88 being 36 On- Street Townhouse units (1.121 ha); Blocks 89-91 Walkways (0.522 ha); Block 92 Stormwater Pond (0.793 ha); Block 93 & 94 Daylightings (0.003 ha); and Streets (1.649 ha) being a total of 125 units on 8.768 hectares of land.

2. THAT the plan proposed for registration for any phase within the subdivision shall be reviewed and accepted by the Township of Centre Wellington prior to the County of Wellington’s granting final approval.

3. THAT the road allowances included in this draft plan shall be shown and dedicated as public highways.

4. THAT the street(s) shall be named, subject to final approval of local Council, and provided that such new street names shall not be duplicates of street names or phonetic sounding street names elsewhere in the County of Wellington.

5. THAT any dead ends, daylighting triangles at street intersections and open sides of road allowances created by this draft plan shall be terminated in 0.3 metre reserves to be conveyed to, and held in trust by the Township of Centre Wellington.

6. THAT the Owner agrees to satisfy the requirements of the Township of Centre Wellington in reference to parkland.

7. THAT prior to final approval by the County of Wellington, the County of Wellington is to be advised by the Township of Centre Wellington that appropriate zoning is in effect for this proposed subdivision.

8. THAT the Owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Township of Centre Wellington and without limiting the generality of the foregoing, the provision of roads, installation of services, and drainage.

9. THAT such conveyances and easements as may be required by an appropriate authority for municipal servicing, utility or drainage purposes shall be granted to the appropriate authority.

10. THAT the Owner shall prepare and implement a construction traffic access and control plan for all phases of servicing and building construction to the satisfaction of the Township and/or County. All damage or maintenance required to surrounding streets as a result of such traffic shall be at the developer’s cost.

11. THAT the Subdivision Agreement between the Owner and the Township of Centre Wellington contain provisions satisfactory to the Township of Centre Wellington to address phasing arrangements acceptable to the Township of Centre Wellington.

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12. THAT, prior to the final approval and registration of phases of the plan, the Township of Centre Wellington provide assurance in writing to the satisfaction of the County of Wellington that adequate water supply and sewage treatment plant capacity is available and has been allocated for the phase or phases to be registered.

13. THAT prior to final approval by the County of Wellington or any construction or grading on the subject property, the Owner or its agent shall submit the following plans or reports to the Grand River Conservation Authority and to the Township of Centre Wellington for review and approval:

a) A detailed storm water management report in accordance with the March 2003 Ministry of Environment Report entitled “Stormwater Management Planning and Design Manual”,

b) A detailed Lot Grading, Servicing and Storm Drainage Plan;

c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority’s Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction.

d) An application for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Permit pursuant to Ontario Regulation 150/06 for any storm sewer outfalls or other alterations within the GRCA’s regulated area.

e) A Baseline Hydrogeology and Impact Assessment report that provides an assessment of groundwater level monitoring data from on site monitoring wells which shall include data collected over four full consecutive seasons. The report shall, based on the observed seasonal fluctuation in groundwater levels, provide a predicted “seasonal high” groundwater elevation across the site as well as a recommended seasonal high groundwater elevation on a lot by lot basis. The recommended high groundwater elevation for each lot is intended to ensure adequate vertical separation from the underside of the proposed basement floor elevation to the seasonal high groundwater elevation at a given lot. Proposed lot grading plans for the development shall provide a minimum of 0.3m separation of all lots.

14. THAT the subdivision agreement between the Owner and the Township of Centre Wellington shall contain provisions satisfactory to the Township of Centre Wellington whereby the Owner shall agree:

a) To implement and/or undertake all works according to all plans and reports, addendums thereto or supporting material submitted in support of the draft plan.

b) To construct, install and maintain erosion and sediment control facilities, satisfactory to the Township, prior to any grading or construction on the subdivision lands in accordance with the approved Erosion and Siltation Control Plan. The erosion and siltation control facilities shall be inspected by the Owner’s Engineer during all phases of development and construction including grading, servicing, and building construction and such inspection reports shall be submitted to the Township on a monthly or more frequent basis as set out in the subdivision agreement.

c) To maintain all storm water management and erosion and sedimentation control structures in good repair and operating order throughout all phases of construction until final acceptance of services has been granted by the Township of Centre Wellington.

d) To erect a subdivision sign on the property containing the following information:

i. identifying all proposed uses within the draft approved plan of subdivision ii. identifying off street parking restrictions to be imposed by the Township upon final acceptance of the subdivision iii. illustrating the location of proposed sidewalks, public walkways, trails, fences and community mailbox locations

e) To pay the cost of supplying and erecting street name and traffic control signs in

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the subdivision, to the satisfaction of the Township.

f) To abandon, in accordance with the Ministry of Environment Regulations and Guidelines, any domestic wells and boreholes drilled for hydrogeological or geotechnical investigations within the limits of the draft plan of subdivision, to the satisfaction of the Township’s Managing Director of Infrastructure Services.

g) To implement the recommendations of supporting plans and reports including the Functional Servicing Report, Traffic Impact Study, and Acoustical Report.

15. THAT the subdivision agreement between the Owner and the Township of Centre Wellington shall contain provisions whereby the Owner shall make satisfactory arrangements with the appropriate providers for the provision of permanent and/or temporary hydro, telephone, natural gas, fibre optic and cable television services to this plan.

16. THAT the Subdivision Agreement between the Owner and the Township of Centre Wellington be registered against the lands to which it applies, and that a copy of that Subdivision Agreement as registered in the Land Registry Office be filed with the County of Wellington.

17. THAT the Owner and the Township of Centre Wellington and/or the County of Wellington Engineering Services Department, where applicable, shall enter into an agreement containing provisions satisfactory to the Township of Centre Wellington and/or the County of Wellington Engineering Services Department to address service financing in order to ensure the construction and financing of all external services which are necessary to provide appropriate levels of service to this plan of subdivision. This includes, but is not limited to, the design, installation and associated costs for the provision of a southbound turning lane at Wellington Road 7 and York Street (Elora) in accordance with the following requirements:

a) Travelled southbound lane width of 3.5 metres; and, b) Southbound turn lane total storage length of 30 metres with a minimum width of 3.25 metres; and, c) Deceleration southbound lane designed as per the Ministry of Transportation (MTO) Geometric Design Standards Manual with a design speed of 60 km/h.

18. THAT prior to final approval by the County of Wellington, the County of Wellington is to be advised in writing by the Upper Grand District School Board that the Developer and the School Board have reached an agreement regarding the supply and installation of a sign(at the Developer’s expense and according to the Board’s specifications) affixed to the permanent development sign advising prospective residents that students may be bussed directed to schools outside the neighbourhood.

19. THAT the Owner/Developer agrees in the subdivision agreement to advise all purchasers of residential units and/or renters of same, by inserting the following clause in all offers of Purchase and Sale/Lease, until such time as a permanent school is assigned:

“Whereas the Upper Grand District School Board has designated this subdivision as a Development Area for the purposes of school accommodation, and despite the best efforts of the Upper Grand District School Board, sufficient accommodation may not be available for all anticipated students from the area, you are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students in future have to be transferred to another school.”

20. THAT the Owner/Developer shall agree in the subdivision agreement to advise all purchasers of residential units and/or renters of same, by inserting the following clause in all offers of Purchase and Sale/Lease:

“In order to limit liability, public school buses operated by the Service de transport de Wellington-Dufferin Student Transportation Services (STWDSTS), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point.”

21. THAT the Owner shall agree in the subdivision agreement that adequate sidewalks, lighting and snow removal (on sidewalks and walkways) will be provided to allow

Page 84 of 201 27

children to walk safely to school or to a designated bus pickup point. 22. THAT the Owner shall agree in the subdivision agreement that Education Development Charges shall be paid prior to the issuance of a building permit.

23. THAT the Owner provide to Union Gas the necessary easements and/or agreements required by Union Gas for the provision of gas services for the project, in a form satisfactory to Union Gas.

24. THAT the Owner shall complete to the satisfaction of Canada Post the following:

a) include on all offers of purchase and sale a statement that advises the prospective purchaser:

i) that home/business mail delivery will be from a designated Centralized Mail Box; ii) that the developers/owners be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales.

b) the owner further agrees to:

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

ii) determine the location of all centralized mail receiving facilities in cooperation with Canada Post and to indicate the location of the centralized mail facilities on the appropriate maps, information boards posted in the subdivision. Maps are also to be prominently displayed in the sales office showing specific Centralized Mail Facility locations.

Canada Post’s multi-unit policy, which requires that the owner/developer provide the centralized mail facility at their own expense, will be in effect for buildings and complexes with a common lobby, common indoor or sheltered space.

c) that the installation of island(s) or median(s) on the streets or roadways adjacent to the easement(s) chose for Community Mailbox use be prohibited.

25. THAT the Owner provide a copy of the final plan of subdivision created in Autocad (.dwg) format and submitted on CD (compact disc) media or by email to the satisfaction of the County of Wellington.

26. THAT the Owner provide a copy of the deposited Reference Plan submitted to the Land Registry/Titles Office for Wellington (No. 61) for “First Registration Under the Land Titles Act, R.S.O. 1990, c.L.5” to the satisfaction of the County of Wellington.

27. THAT the Owner have prepared by an Ontario Land Surveyor a final plan in accordance with the Surveys Act, and with the Registry Act or the Land Titles Act, as the case may be and have provided that plan (being 2 mylars and 4 white prints – one white print with Ontario Surveyors Association sticker attached) to the Director of Planning and Development for the County of Wellington prior to the lapsing date.

28. THAT, if final approval is not given to this draft plan No. 23T-17002 within five (5) years of draft approval and if no extensions have been granted pursuant to subsection 51(33) of the Planning Act, draft approval shall lapse under subsection 51(32) of the Planning Act, R.S.O. 1990. If the Owner wishes to request an extension to draft approval, a written explanation, together with a resolution from the Township of Centre Wellington must be received by the Director of Planning and Development for the County of Wellington prior to the lapsing date of October 31, 2023. Please note that an updated review of the plan, revisions to the conditions of approval, and any applicable fees, may be necessary if an extension is to be granted.

29. THAT the County of Wellington be advised in writing by the Township of Centre Wellington that conditions 1 through 17 have been satisfied.

30. THAT the County of Wellington be advised in writing by the County of Wellington

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Engineering Services Department that condition 17 has been satisfied.

31. THAT the County of Wellington be advised in writing by the Upper Grand District School Board that conditions 18 through 22 has been satisfied.

32. THAT the County of Wellington be advised in writing by the Union Gas that condition 23 has been satisfied.

33. THAT the County of Wellington be advised in writing by Canada Post that condition 24 has been satisfied.

34. THAT the Owner remit to the County of Wellington the applicable final approval fee when the final plan is being presented to the County of Wellington for the County’s consideration for final plan approval.

Page 86 of 201 29

S C H E D U L E “C” VARIATIONS AND EXCEPTIONS FROM STANDARD PROVISIONS OF AGREEMENT

General matters:

1. All references to Lots or Blocks in this Agreement refer to Lots or Blocks on the Proposed M- Plan of Subdivision identified in Schedule “A1” unless specific reference to other plan(s) have been made.

2. Developer shall cause the streets within the plan of subdivision to be named at the time of registration of the plan in the manner specified by the Township.

3. The Developer shall ensure that the underground hydro electrical services and other utilities within its plan of subdivision are designed and installed to avoid conflicts with municipal services.

4. The Developer is responsible for ensuring that a recommended high groundwater elevation is provided on a lot by lot basis. The recommended high groundwater elevation for each lot is intended to ensure adequate vertical separation from the underside of the proposed footing elevation to the Seasonal High Groundwater elevation (SHGWL) at a given lot. Proposed lot grading plans for the development shall provide a minimum 0.3 m separation on all lots.

If the minimum vertical separation cannot be met, foundation excavations are to be inspected by a Geotechnical Engineer prior to footing/foundation construction to confirm soil conditions match expected geotechnical/hydrogeological conditions. Inspection report to be provided to the Township of Centre Wellington Building Department as soon as possible (not later than commencement of framing).

5. A geotechnical engineer will observe the open excavation for all buildings prior to backfilling. If layers of high permeability material in excess of 600 mm are encountered in the excavation the basement dewatering system will be designed to accommodate the potential for greater than expected basement dewatering. This system will be designed to suit the maximum basement dewatering rate and will be submitted to the Township for their review and comment.

Upper Grand District School Board Requirements

6. The Developer and the Upper Grand District School Board shall reach an agreement regarding the supply and installation of a sign(at the Developer’s expense and according to the Board’s specifications) affixed to the permanent development sign advising prospective residents that students may be bussed directed to schools outside the neighbourhood.

7. The Owner/Developer shall insert the following clause in all offers of Purchase and Sale/Lease, until such time as a permanent school is assigned:

8. The Owner/Developer shall include the following clause in all offers of Purchase and Sale/Lease:

Page 87 of 201 30

S C H E D U L E “D”

LANDS TO BE CONVEYED TO TOWNSHIP

Blocks 89-91 Walkways Block 92 Storm Water Management Blocks 93-94 Corner Sightline Triangles

*Reference to lots and blocks is with respect to the approved draft plan referenced in Schedule “B”

S C H E D U L E “E”

EASEMENTS TO BE CONVEYED TO TOWNSHIP

Such storm sewer or other easements as are deemed necessary to implement the approved engineering plans shall be conveyed to the Township in accordance with municipal standards.

S C H E D U L E “F”

PAYMENTS TO BE MADE TO TOWNSHIP

TO THE TOWNSHIP DUE DATE

1. Building Deposit upon Building Permit issuance

2. Development and Education Charges upon Building Permit issuance

Page 88 of 201 31

S C H E D U L E “G” MUNICIPAL SERVICES TO BE PROVIDED BY DEVELOPER The services described herein shall be constructed in accordance with plans and specifications meeting the Township’s applicable servicing standards and as approved in writing by the Township Engineer.

1.1 Storm Drainage Works 1.1.1 Storm Sewers and service connections 1.1.2 Manholes 1.1.3 Catchbasins 1.1.4 Completion of temporary Storm Water Management Facility including outlet channel and all related appurtenances.

1.2 Wastewater Collection System 1.2.1 Sanitary Sewers to the limits of the subdivision and service connections 1.2.2 Sewage pumping station and forcemain where applicable 1.2.3 Manholes 1.2.4 All related Appurtenances

1.3 Water Distribution System 1.3.1 Water Mains to the limits of the subdivision and service connections 1.3.2 Fire hydrants 1.3.3 All related Appurtenances

1.4 Roadworks 1.4.1 Roads and streets within the plan of subdivision 1.4.2 Boulevard Topsoil and Sodding 1.4.3 Signage (to be installed as required by this agreement and Township servicing standards) 1.4.4 Sidewalks 1.4.5 Trees * 1.4.6 Driveway ramps 1.4.7 Retaining walls 1.4.8 All Related Appurtenances

1.5 Utilities (to be provided without conflict with other municipal services) 1.5.1 Underground Electrical Distribution System including street lights 1.5.2 Telephone Cable 1.5.3 Television Cable 1.5.4 Fibre Optic Telecommunications 1.5.5 Natural Gas Distribution System 1.5.6 All Related Appurtenances

1.6 Fences 1.6.1 Fencing in accordance with municipal standards as directed by Township Engineer.

1.7 Parkland 1.7.1 Completion of parkland in accordance with municipal standards, where applicable.

All services, facilities and items to be provided pursuant to this Agreement shall be constructed, installed and provided as the case may be in accordance with the approved plans and specifications and where not otherwise so specified in accordance with the Township’s Municipal Servicing Standards then in effect.

* Trees shall be planted in accordance with the Township’s policies affecting new subdivisions.

Page 89 of 201 32

S C H E D U L E “H”

THE FOLLOWING COVENANTS AND RESTRICTIONS SHALL BE PLACED IN EVERY CONTRACT FOR THE SALE OF PART OF THE LANDS AND SHALL BE REGISTERED AGAINST THE TITLE TO EVERY LOT OR BLOCK FORMING A PART OF THE LANDS:

The purchaser/transferee covenants as follows: i) the purchaser/transferee covenants and agrees that the surface grading and drainage including all swales for the within described land shall at all times conform to the Approved Grading Plan for the Lands referred to in the Subdivision Agreement with the municipality which controlled the development of the Lands and shall not be altered without the written approval of the municipality; ii) the purchaser/transferee covenants and agrees under no circumstances shall roof water, surface water or ground water drains be connected to the municipal sanitary sewer system; iii) the purchaser/transferee acknowledges and agrees that a storm sewer service shall be extended from the street line to the top of foundation elevation and that sump pumps shall be connected to the storm sewer service at the top of foundation in accordance with applicable municipal servicing standards, and further, that no gravity connection shall be made to the service. All sump pumps shall be installed with backflow preventers or check valves to the satisfaction of the Chief Building Official. iv) the purchaser/transferee covenants and agrees that the construction of any accessory buildings or structures (including swimming pools) shall require the approval of the Township and acknowledges that swimming pools may be adversely affected by high groundwater levels; v) the purchaser/transferee covenants and agrees to maintain any fence or acoustic barrier on the boundary of the within-described lands in good condition if such fence was erected as a requirement of the original subdivision or development agreement affecting the lands and, when necessary, replace same from time to time with a fence made of the same or similar materials and of the same standard; vi) the purchaser/transferee covenants that no curb cuts shall be made or driveway ramp installed until the foundation of the dwelling unit to be served by that particular driveway entrance has been completed; vii) the purchaser/transferee acknowledges and agrees that the soils which are used to backfill around the foundation of the dwelling unit on the subject lands may subside after the date upon which a certificate has been issued indicating that the lands have been graded in accordance with the approved lot grading plan and the purchaser/transferee covenants that in such event he/she /they or it shall provide and place additional soils to ensure that the lot continues to be graded in accordance with the approved lot grading plan, viii) the purchaser/transferee covenants and agrees that no building or construction materials associated with the residence to be constructed on the within lands shall be stored on a street allowance or other municipally-owned property; and, ix) the purchaser/transferee covenants and agrees to comply with the requirements of the Township’s sewer use by-law in effect from time to time; and, x) the purchaser/transferee covenants and agrees that no dumping of any material (including snow, grass cuttings, yard waste, construction waste, and debris) is permitted on vacant lots, public property or on adjacent lands. xi) The lot/block referred to in this document is adjacent to existing industrial and agricultural operations that are sources of noise and other emissions which have been studied at the time of approval of the subdivision plan and found to be acceptable to the approval authority. Purchasers and Transferees are advised and acknowledge that the adjacent industrial use to the west of the subdivision includes a metal fabrication plant, including metal stamping. Both the industry and agricultural operations have potential for future expansion in conformity with existing zoning regulations. At times sound from the industry may be audible and noises and odours from adjacent agricultural operations may be encountered.

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Each of the above covenants and restrictions shall run with the title to the lands and are declared to be for the benefit of the Transferor’s remaining lands and for the benefit of the roads and streets abutting the within-described lands

Page 91 of 201 34

F O R M “1”

Final Lot Grading and Drainage Certificate

The undersigned hereby certifies to the Corporation of the Township of Centre Wellington (the Township) that the foundation of the buildings and structures and any openings in such foundation wall constructed on the following property:

STREET NO. STREET being LOT / BLOCK REGISTERED PLAN have been constructed, at or above the elevations illustrated on the overall Approved Grading Plan (as approved by or on behalf of the Township) referred to in the Subdivision/Development Agreement registered against the title to the said property as shown on the as-built grading survey attached.

The undersigned further certifies to the Township that:

(i) The final grading of the above referred to property has been completed in substantial compliance with the Approved Individual Lot Site Plan described in the Subdivision / Development Agreement.

(ii) The grade elevations of all lot boundaries and corners including the front lot corners of the property are in substantial conformance with the Approved Individual Lot Site Plan; and,

(iii) The lot has been graded to provide positive drainage in the front, rear and sideyard and that there is no area of the property which is subject to ponding of water.

This certificate is given and delivered to the Township in full knowledge that the Township relies on this certification in providing evidence of compliance with the applicable Subdivision or Development Agreement affecting this property.

Dated at , Ontario, this day of, , 20xx

Signature of OLS / Professional Engineer

Name of OLS / Professional Engineer

Distribution:

Infrastructure Services, Engineering Department – Engineering Technologist

NOTE: Copies of this form of certification are available at the Township’s Building and Infrastructure Services Departments

Page 92 of 201 35

F O R M “2”

FORM OF LETTER OF CREDIT

ACCEPTABLE FINANCIAL INSTITUTIONS FOR LETTERS OF CREDIT

NAME OF FINANCIAL INSTITUTION

BANK OF MONTREAL BANK OF NOVA SCOTIA T.D. CANADA TRUST CANADIAN IMPERIAL BANK OF COMMERCE ROYAL BANK OF CANADA MERIDIAN CREDIT UNION VERSABANK

THIS LIST IS SUBJECT TO CHANGE WITHOUT NOTICE

Page 93 of 201 36

Letter of Credit No. ______Total Amount: ______Date: ______Branch: address of bank Customer: name of vendor

To: The Corporation of The Township of Centre Wellington 1 MacDonald Square, Elora, ON, N0B 1S0 Attn: Dan Wilson, Managing Director of Corporate Services/Treasurer

UNCONDITIONAL IRREVOCABLE LETTER OF CREDIT

We hereby authorize you to draw on (name of Bank and address)______for account of our customer, (name of vendor)______up to an aggregate amount of (amount of Letter of Credit) xx/100 ($ ) dollars available by drafts at sight as follows:

Pursuant to the request of our customer, the said (name of vendor) , we (name of bank) hereby establish and give to you this Unconditional Irrevocable Letter of Credit in your favour in the total amount of (amount of Letter of Credit) xx/100 ($ ) dollars which may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have a right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer.

Provided, however, that you are to deliver to (name of bank and address)______, at such time as a written demand for payment is made upon us a certificate signed by your Treasurer or Deputy Treasurer, agreeing and/or confirming that monies drawn pursuant to this Letter of Credit are to be used in connection with the obligations as provided for in the (type of agreement, i.e. subdivision, site plan, etc.) Agreement between (name of vendor)______and the Corporation of the Township of Centre Wellington.

It is understood and agreed that the obligation of the undersigned under this Letter of Credit is an obligation to pay money only and that in no circumstances shall the undersigned be obliged to perform or cause to perform any of our customers actual obligations to you.

The amount of this Letter of Credit shall be reduced from time to time as advised by notice in writing given to us by you from time to time.

This Letter of Credit will continue up to (date of expiry) and will expire at the close of business on that date and you may call for payment of the full amount outstanding under this Letter of Credit at any time prior to the close of business on that date should this Letter of Credit not be renewed.

We agree to advise the Treasurer by registered mail on or before 30 days prior to (expiry date) as to whether this Letter of Credit has been or will be renewed by us and if we fail to do so, then this Letter of Credit shall be deemed to be automatically renewed for a further year and so on from year to year thereafter.

Partial Drawings are permitted.

Drafts must be drawn and negotiated not later than close of business on the expiry date or renewed expiry date hereunder as the case may be.

The Drafts drawn under this Letter of Credit are to be endorsed hereon and shall state on their face that they are drawn under (name of bank and address) . Letter of Credit No: , dated (date of Letter of Credit)

______(Authorized Signing Officer(s) of Bank)

Page 94 of 201 Report to Council

To: Mayor Linton and Members of Council Report: PLN2019-51 Prepared By: Brett Salmon, Managing Director of Date: 26 Aug 2019 Planning and Development

RE: Zoning Amendment RZ03/19 (Highland Pines Campground)

Recommendation: THAT the Council of the Township of Centre Wellington approves application RZ03/19;

AND THAT a by-law to amend By-law 2009-045 be given three readings.

Report: Application RZ03/19 is a zoning amendment application by Highland Pines Campground. Thect subje land is shown on the attached sketch. The zoning amendment is required as a result of the approval of a lot line adjustment application by the County of Wellington Land Division Committee. The land in question is part of a former gravel pit and is proposed to be added to the adjacent campground lands. This requires the zoning to be changed from "M3" to "CG.35.5", which is the zoning applied to the campground.

A public meeting was held on July 17, 2019. The County of Wellington Planning and Development Department and the Grand River Conservation Authority have no objection to the proposed zoning amendment. No other written or oral submissions in opposition to the amendment have been received.

The required zoning amendment is attached.

Consultation: as per the Planning Act requirements

Attachments: ● Sketch_RZ03_19 ● Draft Zoning Amendment RZ03-19

Approved By: Andy Goldie, Chief Administrative Officer

Page 95 of 201 Page 96 of 201 of 96 Page

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A by-law to amend the Township of Centre Wellington Zoning By-law 2009-045, as amended, to change the zoning of certain lands from “M3” to “CG.35.5”.

WHEREAS the Council of the Corporation of the Township of Centre Wellington deems it desirable to amend By-law No. 2009-045, as amended, pursuant to Section 34 of the Planning Act, R.S.O. 1990;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF CENTRE WELLINGTON HEREBY ENACTS AS FOLLOWS:

1. Schedule “A” Map 35 to By-law No. 2009-045 is hereby amended in accordance with the attached Schedule “A” which forms part of this by-law.

2. All other applicable provisions of By-law No. 2009-045 shall continue to apply to the lands affected by this amendment.

3. This by-law shall come into effect on the date of final enactment by the Council pursuant to Section 34 of the Planning Act, R.S.O., 1990.

READ A FIRST AND SECOND TIME THIS 26TH DAY OF AUGUST, 2019.

Mayor Kelly Linton Municipal Clerk – Kerri O’Kane

READ A THIRD TIME AND PASSED THIS 26TH DAY OF AUGUST, 2019.

Mayor Kelly Linton Municipal Clerk – Kerri O’Kane

Page 97 of 201 TOWNSHIP OF CENTRE WELLINGTON SCHEDULE “A” BY-LAW NO. 2019 – xx An Amendment to Township of Centre Wellington Zoning By-law No. 2009-045 as amended

THIS IS SCHEDULE “A” TO BY-LAW NO. 2019 – xx PASSED THIS 26TH DAY OF AUGUST, 2019.

Mayor Clerk

Page 98 of 201 Report to Council

To: Mayor Linton and Members of Council Report: CS2019-12 Prepared By: Dorothy Smith, Manager of Community Date: 26 Aug 2019 Development, Festivals, Culture and Tourism

RE: Community Impact Grants

Recommendation: THAT the Council of the Township of Centre Wellington approve a preliminary 2020 grant budget allocation of $75,000 with category allocation, subject to final budget approval, as follows:

Community Impact Grants (Township budget allocation $49,450) Specific Annual Grants (Township budget allocation $25,550)

Summary: This report is presented to Council annually and summarizes changes to the Grant Application Committee Services the Community Advisory as Policy requested by (CSAC) during their review of the previous year’s grant applications and by Council during their previous year’s budget deliberations. Furthermore, this report provides preliminary Council approval for grant funds allocated to organizations exempt from formal application (Specific Annual Grant recipients) and provides a preliminary budget amount for grant funding that may be available for applicants in the coming budget year.

The recommendations of this report are subject to final budget approval and are made to provide direction to both applicants requesting a grant, and CSAC that reviews the applications.

Report: the Policy Application Grant Township’s process, part annual the of As budget (Appendix A) is reviewed and amended based on the decisions and recommendations of the prior year’s application review and budget deliberations.

The Township’s Grant Policy underwent significant changes prior to the start of the 2016 Township Grant application process. The result of these changes was a more efficient, transparent, and unbiased evaluation of applications submitted.

Page 99 of 201

In 2018, the Community Services Advisory Committee have revisited the policy and proposed the following amendments and were approved by council.

• 1.2.11 Capital projects are ineligible for funding. • 2.0 Grant Categories and Funding Allocation – 2.2 B Specific Annual Grants: In order to be eligible for funding, a letter must be received by the Township from the exempt organization. The letter must identify the need for the grant and the general intent of use of the funds. The Township must receive the letter annually, prior to July 31st before any grant funds are to be considered by Council.

2020 Township Grant Process Timing

If Council approves the recommendations included in this report, an ad will be placed in the local newspaper as well as the Township website. Applications will be available the beginning of September on the Township’s website, at the Centre Wellington Community Sportsplex in Fergus, and the Corporate Services counter at 1 MacDonald Square in Elora.

The deadline for the 2020 Community Impact Grant applications will be Friday, October 18th, 2019 at 4:30pm.

It is anticipated that a recommended list of successful grant applicants from CSAC will ion be duringavailable thefor discuss 2020 operating budget discussions in December.

2020 Grant Allocations

As per Section 2.0 of the Policy, Specific Annual Grant recipients are required to provide an annual letter to the Township by July 31st indicating their financial needs for the upcoming budget year.

To accommodate the proposed grant funding available, the following 2020 Budget allocations are recommended:

A. Community Impact Grant - Township budget allocation $49,450, a $15,000 increase per council recommendation for the 2020 budget. B. Specific Annual Grants - Township budget allocation $25,550, a $5,000 increase from 2019 preliminary budget amount to accommodate the transfer of Big Brothers/Big Sisters from the C.I.G. category.

Financial Implications:

Page 100 of 201 During the 2019 budget process, Council made a motion to increase the total funds for this program from $55,000 to $75,000 for the 2020 budget.

Subject to final budget approval, $25,550 will be allocated to Specific Annual grant recipients in the 2020 budget, $49,450 will be available for Community Impact Grant applicants. This represents a $20,000 increase in the 2020 Township Grants budget from 2019.

Attachments: ● Appendix A - Grant Application Policy 2018 ● Appendix B - Grant Summary 2015- 2019

Approved By: Pat Newson, Managing Director of Community Services, Managing Director of Community Services Andy Goldie, Chief Administrative Officer

Page 101 of 201 Appendix A Township of Centre Wellington Grant Application Policy

The purpose of this policy is for the Township of Centre Wellington to provide financial assistance to not-for-profit organizations by means of a grant to enhance the overall wellbeing of the community.

1.0 APPLICANT QUALIFICATION

Organizations applying for funding must meet the following qualifications:

1.1 Qualifications For Funding

1.1.1 The organization must be operating as a not-for-profit organization.

1.1.2 The organization must be comprised of an independent volunteer board of directors and must meet regularly and maintain appropriate minutes and records of proceedings.

1.1.3 Be based in the Township of Centre Wellington, with at least a majority of members being Township residents. Membership and programs must be open to all Township citizens, and services, programs and activities must be of benefit primarily to Township citizens.

1.1.4 The organization’s programs or services must serve clearly identified community needs not already adequately addressed by another organization, be it government, corporate or another not-for-profit organization.

1.1.5 The applicant’s organization must be organized for at least one year.

1.1.6 The organization must provide evidence that the community has shown a commitment to their programs through participation in the organization or attendance at functions sponsored by the organization.

1.1.7 The organization should have demonstrated support from some other source than public funds. Other sources of income should include substantial financial support from audiences through ticket sponsorships or membership sales, where the functions of the organization are such as to serve audiences.

1.1.8 Financial responsibility should be demonstrated through the preparation and submission of operating budgets and complete financial statements. Complete financial statements include both a balance sheet and income statement, prepared by a licensed accountant operating independently of the applicant, for organizations with annual gross revenues in excess of $50,000. The Township recognizes that financial statement preparation costs can be prohibitive to smaller organizations, and therefore will accept a current, internally prepared, balance sheet and income statement for entities with annual gross revenues less than $50,000.

Page 102 of 201 1.1.9 The organization is not in arrears to the Township of Centre Wellington.

1.2 Ineligible For Funding

1.2.1 Organizations which are profit-oriented.

1.2.2 Individuals.

1.2.3 Marketing, travel or accommodation, uniforms, personal equipment, banquets, trophies or entertainment.

1.2.4 Rent (excluding Township facilities), utilities or debt repayment (i.e. mortgages).

1.2.5 Attendance at conferences, workshops or seminars.

1.2.6 Request for contributions to fund prior year deficits incurred by the organization.

1.2.7 Organizations who have failed to provide satisfactory reports, including financial statements, as to the success of the previous year and specifically with respect to the allocation of grant funds.

1.2.8 Requests for grants to an individual, or to an individual group that is controlled by a parent organization (in this case the parent organization should apply for the grant).

1.2.9 Organizations that receive other subsidies from the Township.

1.2.10 Organizations operating as service clubs, except under the Specific Annual Grants category.

1.2.11 Capital Projects

1.3 Council may grant special consideration to entities that do not meet all the above criteria, but are unique in nature and fulfill a specific need in the community.

2.0 GRANT CATEGORIES AND FUNDING ALLOCATION

2.1 A separate annual budget (approved by Council) will be allocated to each grant category, and will be included in the Township’s annual operating budget.

2.2 Consideration of grant applications will be made under the following categories:

A. Community Impact Grant

Objective - The intent of the program is to provide financial assistance to enhance the quality of life for the residents of the Township of Centre Wellington by fostering and strengthening special events, the arts and culture, supporting artistic excellence and stimulating wider community appreciation and participation in social and/or environmental activities.

Page 103 of 201

B. Specific Annual Grants (Township budget allocation $20,050)

Objective - The intent of the program is to provide financial assistance to enhance the quality of life in the Township of Centre Wellington by fostering, strengthening and stimulating wider community appreciation and participation in the community.

The following organizations have been approved by Council for annual funding without application:

Grant Application Exempt Organizations Amount Fergus and District Horticultural Society $1,850 Elora and Salem Horticultural Society 1,950 Elora Lions Club (Elora Santa Claus Parade) 1,600 Elora Cataract Trailway Association 5,000 Fergus Lions Club (Fergus Santa Claus Parade) 1,700 Royal Canadian Legion Wreaths 450 Wellington County Farm and Home Safety Association 500 Ponsonby Recreation Club 2,000 Centre Wellington Food Bank 5,000

Total $20,050

In order to be eligible for funding, a letter must be received by the Township from the exempt organization. The letter must identify the need for the grant and the general intent of use of the funds. The Township must receive the letter annually, prior to July 31st, before any grant funds are to be considered by Council.

If an exempt organization wants to submit a request for increased funding, the organization must identify the need and the amount of increase within the required letter noted above.

Council will review the Grant Application Exempt Organizations listed above, annually in September, as part of the preliminary annual budget process. Any changes (additions or deletions) to the section will be communicated to the affected organizations in writing prior to the advertisement described in section 4.1.

2.3 Grant funds available to an organization in a budget year are limited to a maximum of $5,000. This maximum includes requests for subsidized Township parks and recreation facility rental under section 3.1.

3.0 REQUESTS FOR SUBSIDIZED TOWNSHIP PARKS AND RECREATION FACILITY RENTAL

3.1 Organizations requesting a reduction in the Township’s fees as per the approved Fees and Charges Schedule for the purpose of Parks and Recreation facility rental/service are required to submit a written request directly to Council.

Page 104 of 201 4.0 GRANT APPLICATION PROCESS

4.1 In the fall of each year, the Finance Department will advertise (in local papers) all relevant information relating to the upcoming grant application process. The advertisement will indicate where applications can be picked up, and when they are due.

4.2 Applications must be delivered to the Parks and Recreation Department by the date and time outlined in the advertisement discussed in section 4.1.

4.3 All grant applications (excluding Grant Application Exempt Organizations) will be forwarded to the Community Services Advisory Committee for review. This committee will prepare a report outlining its funding recommendations and a summary of funding justification for each application to the Committee of the Whole. The total allocation recommended by the committee will be within the budget approved by Council for Community Impact Grants under Section 2.2A.

4.4 The Committee of the Whole will review the Community Services Advisory Committee report during regularly scheduled budget meetings.

4.5 Applications falling under section 1.3 will go directly to Council for review and consideration.

4.6 The Community Services Advisory Committee and the Budget Committee will review the applications based on the applicant qualifications listed in section 1.0, and the following measures:

4.6.1 Professional standards 4.6.2 Fiscal and overall accountability of the applicant 4.6.3 Administrative accountability 4.6.4 Economic impact 4.6.5 Merit and achievement 4.6.6 Community service and participation 4.6.7 Responsiveness to existing community need 4.6.8 Degree of accessibility

4.7 The Community Services Advisory Committee and/or Council reserves the right to request any applicant to participate in an interview in order to further clarify information within their application.

4.8 The grant allocation decisions made by the Committee of the Whole will be included in the budget approval recommendation that is forwarded to Council. Upon Council approval, successful grant applicants will be notified in writing. Grant cheques will be issued in a timely manner.

5.0 CONDITIONS OF FUNDING

5.1 Grant recipients must acknowledge the support of the Township of Centre Wellington in all printed materials.

Page 105 of 201 5.2 Grant recipients must provide a written statement of use of funds within two months of the event/program/service. Organizations will not be considered for future grant funding until all required reports are received by the Township of Centre Wellington’s Parks and Recreation Department.

5.3 Grant Application Exempt Organizations awarded Specific Annual Grants under section 2.2B are exempt from the requirements of section 5.2.

6.0 REQUESTS FOR EMERGENCY & DISASTER RELIEF FUNDING

6.1 Consideration of grants under this section must fall under one of the following categories:

6.1.1 Emergency Funding – Funding for organizations that are experiencing extensive financial hardship as a result of an unforeseen short-term increase in expenditures or decrease in revenues.

6.1.2 Disaster Relief Funding – Funding for organizations or communities whose property and possessions have been extensively damaged in an unexpected natural disaster. Natural disasters include, but are not restricted to floods, tornados, fires, and storms.

6.2 Applications for funding under this section must come in the form of a report or letter. The report or letter must outline the extent of the emergency/disaster, the estimated financial impact, and the requested amount of funding. This report or letter may come from one of the following sources:

6.2.1 The organization or community requesting the funds. 6.2.2 A staff or Council member of the Township of Centre Wellington. 6.2.3 A third party (such as a resident of Centre Wellington).

6.3 Applications for funding under this section may be forwarded to the Township of Centre Wellington at any time throughout the year.

6.4 The report or letter must be forwarded to the Financial Services Department of the Township of Centre Wellington, 1 MacDonald Square, Elora, Ontario, N0B 1S0. After the report or letter has been examined, the Financial Services Department will issue a report to the Committee of the Whole. This report will include a copy of the original report or letter received under section 6.2 of this policy as well as a recommendation (including possible funding sources, if applicable). The Financial Services Department report will be approved by the Chief Administrative Officer of the Township before it is forwarded to the Committee of the Whole.

6.5 The Committee of the Whole will consider the Financial Services Department report and make a recommendation to Council. Upon Council approval, funding will be issued by the Financial Services Department in a timely manner.

6.6 Consideration by the Committee of the Whole and Council will be based on the criteria described in section 4.6 of this policy.

Page 106 of 201 Appendix B Township of Centre Wellington Township Grant Approvals 2015 - 2019 Budgets

2015 2016 2017 2018 2019 APPROVED APPROVED APPROVED APPROVED APPROVED

Specific Annual: Centre Wellington Food Bank 5,000 5,000 5,000 5,000 5,000 Elora and Salem Horticultural Society 1,950 1,950 1,950 1,950 1,950 Elora Cataract Trailway Association 5,000 5,000 5,000 5,000 5,000 Elora Lions Club (Santa Claus Parade) 1,600 1,600 1,600 1,600 1,600 Fergus and District Horticultural Society 1,650 1,650 1,850 1,850 1,850 Fergus Lions Club (Fergus Santa Claus Parade) 1,700 1,700 1,700 1,700 1,700 Ponsonby Recreation Club (increase of $500 for 2019) 1,500 1,750 2,000 2,000 2,500 Royal Canadian Legion Wreaths 450 450 450 450 450 Senior Summer Games - - - - - Wellington County Farm & Home Safety Association 500 500 500 500 500

Total Committed 19,350 19,600 20,050 20,050 20,550

Approved Applicants: Big Brothers Big Sisters of Centre Wellington 4,000 4,000 4,000 5,000 4,550 Bungalow 55 - 2,000 3,400 2,500 2,560 Centre Wellington Shuffleboard Club - - 500 250 195 Children's Foundation 4,450 Community Resource Centre 4,125 Eglinton and Caledon Hunt Club - - - - - Elora Arts Council 4,000 5,000 4,150 3,000 2,814 Elora Centre For The Arts 5,000 - 4,000 4,000 4,400 Elora Community Theatre - - - - - Elora Curling Club - - - - - Elora Environment Centre (NeighbourWoods) 1,200 1,500 1,500 1,100 1,134 Elora Festival - - 3,900 3,825 2,727 Elora Festival Singers - 1,000 1,500 2,345 Elora Festival & Singers 4,050 4,750 - - - Elora Writers Festival 750 - Fergus Pipe Band - - - 700 - Fergus Scottish Festival and Highland Games 3,000 3,000 2,500 2,825 - Grand Celtic Pipe Band 1,000 1,000 500 500 - Highlands YFC - CW Satellite "The Door" 1,000 - 2,000 1,000 - Sensational Elora 5,000 5,000 3,500 4,000 4,400 Spring Rain Weekend - 1,000 1,000 1,000 750 The Grand Quilt Guild 1,500 - - Wellington Centre for Sustainable Agriculture - 2,480 - - - Wellington County Community Connect - - - - -

Total Approved Applicants 29,750 29,730 31,950 31,950 34,450

Provision for Disaster Relief & Other Projects Unspent 2,900 - -

Total Approved $ 52,000 $ 49,330 $ 52,000 $ 52,000 $ 55,000

Page 107 of 201 Report to Council

To: Mayor Linton and Members of Council Report: CS2019-11 Prepared By: Pat Newson, Managing Director of Date: 26 Aug 2019 Community Services

RE: Bissell Park Multi-Use Pad MacDonald Project

Recommendation: THAT the Council of the Township of Centre Wellington approve the revision of the MacDonald Trust Fund Application for the Bissell Park Upgrades for the multi use surface, submitted by The Elora Rockers and the Elora Lions Club, to amend the recipients of the funding to include a third recipient: Keating Construction Inc.

Summary: At the June 18, 2018 Council Meeting, the Elora Rockers and the Elora Lions Club were awarded $350.000 toward a project to upgrade the multi-surface pad at Bissell Park. This report provides the rational for staff's recommendation to revise the recipient group for this application/project.

Report: Staff received direction from Council to create a funding agreement for each of the eight successful recipients of MacDonald Trust Fund. The authority to sign each agreement was delegated to the Managing Director of Corporate Services. Staff are returning to Council for a request to amend the recipient group on this specific agreement. Through meetings with the recipient, it has been made evident to staff that Keating Construction Inc is a partner with the Lions and Rockers on this application and this project, and should have been included in the original application submitted to the Township. This was an administrative oversight by the applicant. It is the intention of the Rockers and Lions to use the resources of Keating Construction to build the project, and take advantage of in-kind donations through Keating Construction as part of the funding formula presented in the original application. This was the intent of the original application.

Page 108 of 201 Altering the recipient on this agreement does not change the intent of the application or project applied for, however Keating Construction Inc. as a recipient, has the resources, insurance requirements, in-kind contribution resourcing, and technical expertise to construct the project. Staff recommend altering the recipient to include Keating Construction Inc. so that the MacDonald Funding Agreement can be finalized and signed in order for this project to begin.

This project is unique to the other MacDonald Funding Agreements because the recipient is taking over the site to perform demolition and construction of a new multi- surface pad y at the Township. Bissell The park Park, a property owned b improvements will become property of the Township once the project is complete. The recipients are responsible for the budget, construction, and care and control of the site during demolition and construction. For the other MacDonald projects that involve improvements to properties owned by the Township, it is the Township that is taking responsibility for the construction and site control. For the Bissell Park improvements, the Elora Rockers and Elora Lions Club do not have the capacity to sign off on the liability and construction requirements without having Keating Construction as a named recipient on the application for the project. It is evident from the original application, signed by Tom Keating (Elora Rockers) and Jim Keating (Elora Lions Club), that Keating Construction was an implied partner with the Elora Rockers and Elora Lions Club. For Council's reference, the application submitted by the Rockers and Lions is attached to this report.

The requirement to have all three recipients provide a Joint Venture Agreement to the Township will provide for documentation to formally revise their application, and provide to the Township proper documentation of this change. This Joint Venture Agreement will be referenced as part of the MacDonald Funding Agreement.

Financial Implications: $350,000 was awarded to the recipients for this project to demolish the old and reconstruct a new multi-use pad at Bissell Park. The recipients are responsible to ensure that the project does not exceed their available funds of the MacDonald funding and project donations.

Consultation: This report was prepared in consultation with Dan Wilson, Managing Director of Corporate Services and with consultations from SV Law.

Attachments: ● Elora Rockers and Lions Cub (Bissell Park)

Approved By: Andy Goldie, Chief Administrative Officer

Page 109 of 201 General Information Name of Individual/Organization

A0174Q@:cfCen;_A_SSOc.»“‘a,1/on 5' om L./‘Q45C’/V;/1:) Contact Person Primary _ Telephone Cell Phone 7/0,44 Il

I25 Sc:/5/armsf E/0/at MailingAddress

Funding Request

Amount of Funding Request? lsssofooo

Proposed Project Description

Mt/#'"’U$c: /'ccrcc:,'!'I‘avwc/Sc/r?étrc /oCc«ct[c''c1 @ 6/sse.//I par/L Sec, é/‘.'Fl[Ctc2Lgy{fxo/0®£c4/

Page 110 of 201 Proposed Budget for the Project (Includingall other forms of funding, volunteer time, materials, etc.)

SCC C1.'1l;'l’fLL(Ll\.('-,6/l

How does the project/idea meet all of the objectives as set out by Township Council? ‘gag

Proposed Location of the Project in Elora Sag, a,’1L-I-ctclxeg/ll

Ifon private property please provide owners acknowledgement of application? Owner's Name and signature:

- Date Applicant Signature _ 3 , I . , _ _ ¢7<.g—}/ 23’ //8’ u’gCl}2é<2L:SAT1;w6'J¥“’VI l(t':ec'r1;lx/6‘ . - M 7‘/' E4,c»f_’/4 Ljrcm/3 ?ll_M" By signing this application, you are indicating all the informationentered within this document number is correct, and allfuturecorrespondence is to be conducted with the email or phone indicated on this form. Please submit completed original application to:

Township of Centre Wellington 1 MacDonaldSquare Elora, Ontario, NOB1S0 Attention: Managing Director of Community Services macdonaldtrust@centrewe|lington.ca

Page 111 of 201 A proposal for an upgrade to the multi-use recreational surface located at Bissell. Park in the heart of the Village of Elora

Submitted to the Township of Centre Wellington by The Elora Rockers Association and The Elora Lions Club for considerationin applicationto the MacDonald Trust Fund

January 30, 2018

Page 112 of 201 Introduction The MacDonald Family have beenrelentlesssupporters ofthe Elora Community Centre and all that our arena facility represents towards active livingand community. This proposal from The Elora Rockers Association and The Elora Lions Club would continue that legacy.

The Elora Rockers and the Elora Lionsare coming together with this proposalto build on the success and support in previous years towards BissellPark. The Elora Lions have been strong supporters of BissellPark with the construction of both the picnic pavilion and the boardwalk. And The Elora Rockers began fundraising towards the BissellPark Transformation Project in 2016 and made a presentation anddonation to the Township in 2017. This common interestin BissellPark has brought the two groups together with a collaborative joint proposal. For over 30 years volunteers haveessentially provided and maintaineda recreational surfacein BissellPark in Elorafor year round informal community activities accessible to all citizens. The formula of free informal multi—use‘year round activity accessible 24 hours a day continues to be successful. This approach enhances the quality of life for citizens of Elora,the Township of Centre Wellington (TCW)and manyfriends and visitors to the area. This multi—usefacility is currentlyperched on the foundational ruins of the T.E. Bissellimplement factorybuildings from 1930.

Due to its year round heavy use, this recreational area currently requires refurbishing and renewal to remaina visible crown jewel in the center of Elora. A broad communitybased legacy piece for the MacDonald Trust Fund to potentially support — along with direct and in kind funding from local contractors and supporters.

For consideration by TCW Council,this application proposes a reasonable facilities upgrade for the recreational surface in BissellPark. This facility is a working vision that has already proven its merit for our community year after year

Page 113 of 201 Qualification 1.1.1 — Based in the Village, and accessible to all TCW residents

The proposed upgrade would continue to be centered in the heart of the village, be accessible under the AODA and easily accessible to residents of Centre Wellington and area of all ages and genders and capabilities, at all times.

The renewed recreational surface in BissellPark location will be a widely visible source of pride and all year round use by citizens of the former Village of Elora. Allpeople driving in Elora on County Road 18 (aka Mill-StEast) will notice the recreational surface in Bissell Park.

Allpeople who walk through BissellPark (about 150 people per day) willsee and hear the activities on and around the recreational surface. And from volunteer records over a million participants have directly benefitted from centrally located single slab of asphalt to date. Through these multiple exposures this facility touches everyone in the Village of Elora and area. Many visitors to the area take part in year round activities on this surface.

An updated surface as specified in the detailed proposal willonly build on the success to date. A new foundation and walkways and lighting and improved design will make it more accessible, safe, and efficient. '

2 There is also the economic impact of maintaining house resale prices when access to open informal recreation is easily available. The location of the surface is central to the village.

Observations by volunteers for the past 25 years confirm the accessibility by » walker, wheelchair,four wheel moped,walkingfbicycle and car. Parents and guardians routinely dropoff all ages of surface users in all weather and easily make arrangements to return for pick~up. Often the users just stay longer and they find their own wayhome as the activities run on into thelate hours of the clayor night. There is ample parking and vehicle accessibility provided by existing upgrades and foresight by the Township.

There are no curbs or ledges or not at heightobstacles planned in the upgrade proposal that would block access to the entrance to the surface from the main BissellPark area. The leadershipcommittee have access to accessibility professionals that willvet the proposal and advise the construction.

Page 114 of 201 In Appendix 1 are a sampling of the local activities that have taken place on the recreational surface. This not ”just another ice rink”. Appendix 1 demonstrates a diverse impact to the Township, continues to build economicimpact, and shows a sense of pride and improve the quality of life in the villageand township. These activities have occurred over the last few years on the recreational and leisure surface at BissellPark based on directobservations from the BissellPark recreational surface volunteers. There are many more not listed. Howltomeasure the impact of the recreational surface facility? Volunteers are present every day of the year at the BissellPark surface.Observing the benefit in

calories burned, friendship, diversity,and joy. These are daily occurrences — and occur year-round.

The volunteers keep track of compliments from participants on the suitability of the ice surface, rink cleanliness and maintenance of the facility. There have been

over.1OO compliments and constructive suggestions this winterseason alone — from young children, teenagers, and adults. The.Bissell RinkFacebook page has had many friends andhits. Every single day in thelate fall andwinter the volunteers get asked — "How's the ice at Bissell?”. The surface has trulybecome a positive phenomenon in the village and surrounding area.

Withan updated facility all of the activities and more would be safer, have reduced liability risk, be easier to conduct and have broader seasons of use. Hence more potential for interaction of an even more diverse group of citizens. Informal mixing of gender orientations, skilllevels, broad diverse backgrounds and ages leads to more tolerance and confidence. This has been observedmany, many times over by surface volunteers. This is where people just get along without rules or supervision.Disagreementsoccur, however they don't last long and solutions are worked out by all ages. Only a low level of technology is needed for all the informal recreational surface activities. Physicalexercise and movement in all types of weather is the norm. Motion is lotion, especially with no rules or worries.

A larger, safer, more accessible, and with tried—and-true professional construction willexpand the use of the facility, add more visiblepride, build the

/‘Ax

Page 115 of 201 interaction of users, and improve the safety and quality of the fitness andleisure experience to our citizens.

One may certainlyask, ”The surface has pretty much workedfor over 30 years — why change?”

A few reasons:

Safety. The broken cement piers that edge out into the playing surfacefrom the T.E Bissellfactory ruins pose a safety hazard. Volunteers have tended to many children and adults over the years with cuts and concussions from impact with these piers. There have been fiveminor incidents so far this 2017-18 season. Consideration is needed for a facility with fencingto stop pucks and other items from striking people watchingor preparing to play (e.g. putting shoes or skates or otherequipment on). The boards are poorly constructed and are a hazard to users as the metalstrapping has sharp and damaged edges that can catch on skin or clothing. And children are getting splinters fromthe deteriorating plywood. Three unexpected falls have been caused in the 2018 skating season due to the strapping — observed by volunteers. The lighting of the facility wouldbe modestly upgraded to meet the needs of the entire surface. These items reduce liability and risk.

Accessibility. The surface and entrances are wearing out. Uneven, and broken down asphalt is not an easy surface to access, to playon, land on, lie down on, or to roll wheels on. Accessibility for mobilityimpaired citizens can be markedly improved. Flatter entrances,walkways to the surface, protected areasin the design, less steep inclines, and accessible entrances and resting areas are required. Currently there is no accessibility between the gazebo, surface and the new washrooms. Volunteers are becoming discouraged. Maintaininga deteriorating uneven surface with poorly constructed loose boards with square corners, unwanted drainage from the ice, and the poor resiliency of warm asphaltto weather change

— is difficult and more and more time consuming.

Volunteers work daily in the very early hours. With the condition of the surface, removing snow and debris and cleaning of the surface is difficult with a loader or blower or shovel. The deteriorating surface and boards catch and abruptly stop a

Page 116 of 201 front end loader and snow blower and shovel.The boards were poorly constructed with exposed metal strapping that stops loadersand shovels abruptly from cleaning the edges of the surface. Hence the surface edges cannot be maintained.

A level larger smooth concrete surface with round corners and smooth boards would be maintained in less time than the current old surface. Equipment can navigate a larger surface more safely and efficiently. Given the demand on this centrally located public facility an upgrade to the surface and boards needs to be .

' considered. l

Modern dasher boards would be more efficient to be taken down and put back into place - if necessaryfor special events. All ages need to participateat the same time. Due-to the popularity and the numbers of people using the surface, all ages are having difficulty in participating together with different activities. A complementary area to provide safe use by very young or very old needs to be considered. A relatively inexpensiveouter ring to the surface is proposed. This would provide a safe walking and skating area outside the enclosed area (see proposed diagram). This would provide a type ofinexpensive skating path concept. A concrete surface, not black hot asphalt. It needs to be larger for broader use, and level and more at grade for drainage and freezing and heaving foundation issues. This willrequire removal of the old asphalt surface and cement ruins, and some excavation and levelling.

The ice surface season used to be longer (126 days on average in the 1990's). The average since 2005 has been 91 days of good ice. The shoulder seasons where the temperatures hover around freezing are currently not well utilized. This could be extended with the addition of coolant piping in an upgraded white—was.hed concrete surface. Considerationfor passive cooling byjust adding coolant material alone to the concrete surface piping (no compressor) would extend the ice season.

The needs of the community continueltochange. More people need more informal open air places to gather without time constraints. As the downtown of Elora goes through significant changes there may be more visitors andresidents

Page 117 of 201 looking for quick — on demand casual exercise opportunities that a larger more appealing and safe facility in BissellPark would provide.

The Township would likelybe faced with upgrading the facility in the future — this proposal moves this idea from a strict TCW capital cost to more of a community initiative.

Efficiency. The upgrade would use less water, take less time to maintain, provide more use opportunities and be safer and even more accessible to participants and organizations. ‘Theproposal complements the existing TCW investments in Bissell Park and the philosophy of the TCW Community Initiated Projects Policy‘2015.

The gazebo would not need to be flooded and maintained as a ”kiddy rink” surface. It was not designed as such and willwear out sooner with continued water and ice around its support posts.

Overall in many respects, the new surface would provide overall more efficiency for township staff and volunteers.

Better use of township and volunteer investments. The Lions gazebo could be better lighted and connected (walkway) to the upgraded surface. Thiswould make better use and accessibility of the gazebo for a preparation area and

gathering and rest areas for participants. ‘

Awalkway to the new washroom andutility building from the gazebo and surface area would make the building more useful and accessible to participants and volunteers. ..

And access to the boardwalk and path wouldbe improved and accessible. The Farmers Market could have an additional area to work from and in future, potentially an outdoor covered site away from adverse elements; The Lions boardwalk, and the footbridge investments are all complemented by this proposal.

Opportunities for community service. These would be significant as informal recreational activities grow and _become more diverse. Students can attain community volunteer hours associatedwith the facility (as they do to a limited extent now). The focus for the foreseeable future is to have the facility run and ' maintained by volunteers and local business as it has done for over 25 years.

Page 118 of 201 For example: Deboers Equipment has donated over 2700 days of new equipment rental free of charge for snow removal for the winter rinksurface at BissellPark. There would be additional opportunities for local business to be involved in equipment and facility, logistics, and maintenance donations (e.g. shovels, edging equipment, bleachers, lighting, fencing, painting, railings, signage, and ramps etc.).

Merit and achievement opportunities. These would be numerous given the number of activities that would occur at the facility. Localvolunteers are many and they can relive many pressures on township staff and resources. Localand relatively unorganized leagues and competitions willonly increase at a visible appealing, safe and accessible upgraded facility.

Page 119 of 201 Qualification1.1.2 — Serving needs not alreadyaddressed in the Township

The focus of this facility would be open air, no cost informal recreational and leisure activities, unsupervised, with minimal time constraints, that are as diverse as they are multi—agedand accessible. Alloccurring in a safe enclosed area. As such, this type of centrally located open air activity is not available elsewhere around the village of Elora.

This is a formula that is already being proven as successful at the BissellPark surface for over 30 years. BissellPark itself is a mecca of motion and activity by the majestic Grand River. This upgraded facility would only add to the beauty, and pride in Eloraand the use of BissellPark overall. The list in Appendix 1 indicatesthe diversity of activities that have been held on _ the surface at Bissell Park. There are very limited, if any similar areas for these to occur elsewhere in Elora. People of all ages need informal, unscheduled, on their own time, opportunities to be active.’ The surface at BissellPark provides just that at no direct cost and without being tied to any digital technology.

Qualification1.1.3 — Documented support In Appendix 4 are notes ofsupport. The Elora Rockers are providing leadership to this proposal and have many community connections including: communityleaders, sports, volunteers, organizations, and a network of local contractors. Contractors who canrally to partially offset the costs of this project. Many members of the Elora Rockersare also members in the Centre Wellington Contractors Association who is another valuable supporter of this project.

Also of note are the El_oraLions who have already invested in BissellPark. The _ Elora Lions gazebo will be integral to this project as a shelter for preparation and recovery from activitieson the recreation surface. Down the road this gazebo could be converted to a warming area for participants in recreational activitiesin ’ colder months. The Elora Lions are also invested in BissellPark as they have constructed a widely used board walk through out the Park. The Elora Lions are also putting a cash donationfor the facility in this proposal.

Page 120 of 201 Qualification 1.1.4— Sustainable operating, and capital costs

T Proposed Projectand Budget

Overview

The leadership committee for this facilityproposal have experience managing and administrating multi—milliondollar capital projects, businesses, and grants in both government and non—government settings. This experience is reflected in a fair and reasonable proposal. Project statementof proposed scope, cost and timing This proposal is for an upgraded outdoor recreation and leisure facility located at the current site of the BissellPark recreational surface in BissellParkin the heart of the village of Elora. The focus of the facility would be for open air, informal recreational and leisure activities, unsupervised, with minimal time constraints, that are as diverseas they are multi—agedand accessible.

The project cost would require a $350k allotment from the MacDonald trust fund, as well as $125k from other sources of donation, fundraising, and in—kind

contributions — for a total estimated capital project cost of $475k.

It is anticipated that the project would have a 2 year time frame to full _ completion. Construction could be conducted in a Sept—December period.If optimal weather and project trade co—ordinationoccurs, there may only minimal interruption in the winter/summeruses for the basic surface.

Operating costs would be minimal. These would follow the pattern already established over the past years between the BissellRinkvolunteers and local businesses, and the TCW. This model has proven sustainable for the past 25 years for this facility and the upgraded facility as proposed would be no different. It is

being planned and designed with that precise goal in mind — to not overreach on

~ the vision create a practical, resilient, and proven facility model — and be financially sustainable.

Many small communities in Ontario have an outdoor rink surface exactly similar to the one in this proposal (e.g. MacDouga|| Township, Tay Township, Carling Township, Parry Sound, and Conestogo for a few examples).

Page 121 of 201 The project would be overseen and administrated by an implementation team with leadership from the Elora Rockers and the Elora Lions organizations and proposed membership from the TCW. A description of the lead organizations of _ this proposal is in Appendix 2. The implementation team wouldalso oversee the appropriate communications

related to this project — fully respecting the needs of the TCW. A communications plan would be developed by the implementation team. Communityconcerns and suggestions would be promptly responded to directly with the appropriate follow- up actions taken.

The implementation team would also complete the appropriate notes, signage, and ceremonyof appreciation and thanks to acknowledge and thank the donations and contributions to the completion of this project. Facility description

See Appendix3 fora draft sketch of thefacility. Proposed features

(Note: the proposeddesign details may need to -beadjusted by the advice of the implementation team and the degreeof success of the application process)

— A total footprint site of 105ft wide by 190 ft. long - running inthe same orientation and centered in the same location as the existing asphalt ruins site;

- A finished concrete surface on newfootings — to be white—washedperiodically;

- Coolant piping installed for immediate passive use. Down the road ifwarranted some active periodic use with a renewable energy compressor couldbe considered if operating costs werefeasible. (Consultation with two other townships revealed that they made a mistake by not having the foresight to install piping in their outdoor rinks);

— Capped dasher boards (clear see-through or standard construction as in the Elora Arena and many other small community outdoor surfaces. Details willbe determinedby the implementation team.)

— An inner recreational surface with dimensions of 85’x170’ (smaller than the current Elora Arena surface)

Page 122 of 201 — An 8 foot wide extension of the concrete surface outside of hockey boards around thefull oval for free skating, elder skating, strollers,walkers, wheelchairs, walking and running (an inexpensive ”skate—path”concept). This would have a safety railing;

— New 6 to 8 foot protective fencing at each end and corners of the interior surface;

- The existing high-quality basketball nets would be re—orientedto the sides of surface to reduce the damage they are currently receiving from pucks, balls, rings, snow removal equipment, and vandalism. This would allow a larger playing surface for 2-court basketball;

— Double doors to allow machinery and vehicles if needed. These double doors at the south/eastcorner of the facility would be designed for year-round access and durability;

—Participant door at north/eastcorner area that is accessible and durable and safe;

— New lighting for the free skate rim, the new paths, and the gazebo;

— New walkways to washroom building and gazebo from the upgraded surface. These would be durable enough for clearing with a snow blower;

_—Completedrepairs to the Elora Lions Gazebo;

— Landscaping will improve grades for accessibility and any tree removed in the construction will be replaced by 5 new trees.

— The proposal is not in the flood plain of the Grand River.

Page 123 of 201 Detailed Budget

The proposal would call for a local construction process to include design and engineering as well as construction. This would utilize services routinely used within these contractors. The implementation team would oversee and ensure the requirements of the TCW (such as registration, contractor of record, -liability etc.).

' Capital costs Total = $475k Details

Removal and disposal of old ruins and surface . ‘$20k

Excavation of upgraded site and walkways $30k .

Foundationand concrete new surfaceand drainage $185k -

New dasher boards and fencing installed $165k =

I Railingsand free skate dasher hardware $10k Electricalservicesand lighting installed $40k l‘/‘»j~N

I V Gazebo repair S5k :_:\s.t>15?}/’/T Landscaping $20k >l<*=l=***'******=l==l<**>l=*>l<**=l<*****>l==l<=l<=l<=l<***=l<>l<>l<***=l<>l<**=l<************** ****

’ Assets Total = 476k Details Sources of donations $26k RockersAssociation '- $10k

LionsAssglgiation $16k ‘

ll In Kind \_ $100k

Primarily by contractor labour and material savings. l‘-‘-'

’ MacDonald Trust Fund ‘ $350k

Page 124 of 201 Operating cost per year Details

TCW Parks and Rec budget $3500

Repair of snow removal equipment Fuel for snowremovalequipment Lease for snow removal equipment

Snow shovels

LEDLightbulbs

Miscellaneous facilitydamage repair ‘Whitewash material

Volunteers - 300 hr/year volunteers (in kind)

Surface related operations:

raking leaves — debris removal

snow removal white-washing

ice—makingand patching, fire hose repair and storage garbage pick-up

Facebook updates,signage

The volunteer labour is over andabove existing general TCW operational maintenance (e.g. grass cutting, garbage removal, clearing of walkways, and de- icing salt, township webpage etc.).

Page 125 of 201 Appendix 1 — Sampling of recreational surface activities observed by volunteers

5 rin Summer Fall

Early morning outdoor yoga

Open air Zumba exercise

Tai chi sessions

Lacrosse pickup games and informal skillstraining

Spontaneous pick up Ballhockey_games involving all ages and family events

Soccer skills practice and games with an enclosed outdoor area .

Bicycle ridingsafety training

Informal puppy and dog training in an outdoor enclosed area Pickup games and working on skills acrossall ages and families basketball . A secondary stage and gathering area for Riverfest

I Informalmusic group sessions Drum circles Roller blading and skateboarding and BMXbike riding

Open air Square dance practice

V Mixed ages open air volleyball Dodgeball

Kickthe can informal multi—agesessions

Winter Ringettepickup games and spontaneousskills practice Free skating by all ages and skills Informal open air figureskating

Page 126 of 201 Sledge hockey practice in the open air with no constraints or rules

Pickup hockey mixing all ages and genders spontaneously — at all times of the day and night Tobogganing

Page 127 of 201 Appendix2 — Description of leading organizations Elora Rockers

The Elora Rockers began as anold timer hockey club in 1978. The group of 20 hockey players from Elora entered tournaments and did a small degree of fundraising which supportedthe team. The fundraising grew to a level where a localdesignatedgroup or project was selected each year to receive a donation of aboutlS2k,as well as smaller donations to the local food bank,Make—a—Wish foundation, and other small community projects in need. The Elora Rockers has since grown to over 75 alumni and players, From the last two years they have ear marked the BissellPark multi—usesurface upgrade to receive $10k. Tom Keatingis the current Elora Rocker President and contact for this project. -Elora Lions Club

The Elora Lions Club has been active in Elora since 1947 providing the community with annual family events and otherenriching activities of volunteerism, financial support in the form of donations and sponsorship, and enhancing the parks and playgrounds of Elora. Our membership consists of community members from all walks of life and adults of various ages with the common goal of serving the community through various avenues.

With the support of Lions Clubs International, which has the Mission Statement of ”empowering volunteers to serve their communities, meet humanitarian needs, encourage peace and promote international understanding through Lions clubs”, we are able to affect our wider community through sight related aid; assisting youth in different capacities; contributing to the aid in major catastrophes along

I with many other aspects of humanitarianservice. The Elora Lionsare ear—markinga $16k cash donationtowards the multi—use surface upgrade at BissellPark. Jim Keating is the contact to the Elora Lions.

Page 128 of 201 Appendix 3 — Proposed draft sketch of Bissellmulti—usesurface upgrade

Birds eye view of surface footprint

nets relocated

' Expanded view — surrounding structures J

light pole ; l_|Existingrelocated ' Existing accessible washrooms and utility building and path

Existingwalkway

_,§;‘.g&=§;;,, -7.,-'=.j I .4, ,~ ."1...:

Page 129 of 201 Appendix 4 — Notesfrom sources of support

January 23 2018

Township of Centre Wellington

BissellPark Mu|ti—use Recreational Surface Upgrade — MacDonald Trust Fund Application

Dea r TCW,

This is a note of support for the proposed upgrade to the recreational surface at BissellPark in Elora. This is a proposal for an upgraded facility that would be used year—round,be accessible to all citizens in Elora and area, nicely complement existing townshipfacilities, and build on an existing successful model of recreation and leisure in Bissell Park.

Riverfest has beena very successful cultural festival in Eloraand willbe celebrating its 10th anniversary. The proposed upgrade to the recreational surface in BissellPark would be an excellent improvement for a 2"“stage area for the festival. This would help build the community benefits of Riverfest in the heart of Elora and area;

Riverfest Elorawillcontinue to support the activities that enhance BissellPark. We look forward to working with Dave Alvesand the group toward this wonderful goal.

Sincerely, - , f D4/xr?s‘TM9-l"\:’ Shawn Watters

Riverfest Elora

Page 130 of 201 January 30 2018

Township of Centre Wellington — Council and the Community Services AdvisoryCommittee

BissellPark Multi-use Recreational Surface Upgrade — MacDonaldTrust Fund Application

Dear Community Services AdvisoryCommittee,

This is a note ofsupport for the proposed upgrade to the recreational surface at BissellPark in Elora.

My wife Barb and l and family have lived in Elorafor 38 years and we have maintainedthe BissellPark rink for the past 26 years. We were Citizens ofthe Year for volunteerism in the community, minor sports, school council, and the work with the BissellPark Rinkin 1997. it is always wonderful to be thanked as a volunteer —there are of "course many others who have dedicated much more volunteer -time than us in our wonderfulcommunity.

Many hours are spent watching and talking to the diversity of participants in BissellPark. It has become a real centerpiece to the Village.

However now it could use some renewal. The proposed upgrade looks to be a reasonable and creative idea for a year—round,accessible, efficient, used by all facility, and a perfect complement the wonderful existing township facilitiesin BissellPark. It would build on everyone’s success at BissellPark to date. This includes the Township, the Riverfest festival, the work of the Elora Lions and many many other year—round groups, and participants. in the past two years I havehad the dedicated assistance of long time Eloraresident Tim Grier. Tim is a retired writer for the CBC. Young Tim Anderson — who is currently maintaining the Beatty Park rink- has also helped at BissellPark. As long as our bodies are goodto go — we are committed to continuing our work at BissellPark.

Sincerely, F

avid Alves

82 MillSt East

Elora ON

Page 131 of 201 Jan 30 2018

The CentrewellingtonContractors Association Re: Bissell Park Multi—use — RecreationalSurface Upgrade MacDonaldTrust Fund Application

DearCouncil — Township of Centre Wellington,

This is a note of support for the proposed upgrade to the recreational surface upgrade at BissellPark in

Elora.Thisis a proposal for an upgraded ' facilitythat would be used year-round, be accessible to all citizens in Elora and area, nicely complement existing township facilities,and build on an existing successful model of recreation and leisure in BissellPark. The community is very appreciative of the opportunity for applications to the MacDonald Trust Fund. However we recognize that with the breadth of contractor expertise resident in the Eloraarea, there may be a further opportunity to contribute to the Bissellmulti—usesurface upgrade. Ifthe BissellPark multi—usesurface upgrade proposal is successful, our organization would commit to working with the implementation team for the project to explore ways to offset the project costs either th rough.providing volunteer labour or approaching our supplier members for support on materials. The BissellPark multi—use surface upgrade is a worthwhile community project for the TCW to support with the MacDonaldTrust Fund.

Sincerely,

Cent ContractorsAssociation

Page 132 of 201 Page 133 of 201 Report to Council

To: Mayor Linton and Members of Council Report: CS2019-10 Prepared By: Pat Newson, Managing Director of Date: 26 Aug 2019 Community Services

RE: Amending Agreement Victoria Park Elora Licence Agreement

Summary: In 2010 GRCA and the Township executed an exclusive licence agreement to occupy and use the Lands commonly referred to as Victoria Park Elora. An Amending Agreement has been prepared to update the terms of the original agreement. Both GRCA and The Township are desirous of continuing the arrangement under the terms of the Maintenance Agreement from 2010 with these amendments.

Report: Item 1. Schedule A defines the "Lands" of the licence agreement. This requires amending to accurately reflect the "Lands" included as part of the licence agreement. Both the 2010 agreement and the Amending Agreement are attached to this report and Schedule A of each, depicts the land area revisions to the agreement. For reference there is a land description map attached to this report for the Victoria Park Elora lands that clarifies land ownership for the park.

Items 2&3. The minimum insurance requirement has been increased from $2 Million to $5 the reflects and parties both for standard acceptable an is which Million recommendation by the insurance providers.

Item 4. The Indemnity Clause has been updated to reflect that the GRCA does not own the lands adjacent to the water. The previous Indemnity Clause 6(d) of the agreement referenced "structures located in the waterway" which is inaccurate.. This was a requested change by the GRCA, and acceptable to the Township.

Page 134 of 201 Financial Implications: None

Consultation: Prepared in consultation with Matt Tucker, Manager of Parks & Facilities Operations.

Attachments: ● Signed Agreement 2010 ● Amending Agreement 2019 ● Land Descriptions for Victoria Park

Approved By: Andy Goldie, Chief Administrative Officer

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..<..maonmmom Page 141 of 201 AMENDING AGREEMENT

THIS AGREEMENT (the “Amending Agreement”) made as of the ______day of ______, 2019.

BETWEEN: GRAND RIVER CONSERVATION AUTHORITY

an Authority established under the provisions of The Conservation Authorities Act,

(the “Authority”)

AND: THE CORPORATION OF TOWNSHIP OF CENTRE WELLINGTON

(the “Township”)

WHEREAS:

A. The Authority and the Township entered into an agreement dated September 7, 2010 (the “Maintenance Agreement”) in respect of certain lands owned by the Authority located in the Township of Centre Wellington and described as Part of Lot 19 and 20, Concession 11, in the Township of Centre Wellington, County of Wellington;

B. The parties wish to add lands to “Schedule A” of the Maintenance Agreement;

C. The parties wish to amend the insurance requirements in the Maintenance Agreement.

D. The parties wish to amend the indemnification requirements in the Maintenance Agreement.

NOW THEREFORE in consideration of the mutual covenants set forth herein by the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. Schedule A of the Maintenance Agreement is hereby amended to include the lands legally described as:

PT PARK LT 17 PL 181 NEW SURVEY ELORA AS IN RS6553; CENTRE WELLINGTON

and

LT 1 BRUCE PLACE NW GRAND RIVER PL181 ELORA; LT 2 BRUCE PLACE NW GRAND RIVER PL181 ELORA; LT 3 BRUCE PLACE NW GRAND RIVER PL181 ELORA; LT 4 BRUCE PLACE NW GRAND RIVER PL181 ELORA; PARK LT 16 PL 181 NEW SURVEY ELORA; PT LT 5 BRUCE PLACE NW GRAND RIVER PL181 ELORA; PT PARK LT 15 PL 181 NEW SURVEY ELORA AS IN RS6610 & RS6513 EXCEPT 61R1807; CENTRE WELLINGTON

The “Lands” shown outlined in Schedule “A” of this Amending Agreement form the amended “Lands” for the Maintenance Agreement.

2. The insurance requirements listed in Item 5 of the Maintenance Agreement are hereby amended as follows:

5. (f) “To take out and keep in force during the term hereof property damage insurance and public liability insurance with respect to the use and occupation of the Lands and operations of the Township, all in amounts and with policies in a form satisfactory from time to time to the Authority and all with recognized insurance companies. The Authority shall be named as an additional insured. The cost or premium for each and every such policy shall be paid by the Township and not by the Authority and the Township shall notify the Authority in writing at least ten (10) days prior to any cancellation thereof. The Township agrees that if the Township fails to take out or keep in force such insurance, the Authority will have the right to do so and pay the

Page 142 of 201 premium therefor, and, in such event and upon demand by the Authority, the Township shall repay to the Authority the amount paid as premium.”

5. (h) “To provide yearly on the anniversary date of the License a Certificate of Insurance showing the Authority as an additional insured and evidencing liability coverages in the minimum amount of $5,000,000 (five million dollars).”

3. The insurance requirements listed in Item 6 of the Maintenance Agreement are hereby amended as follows:

6. (c) “To take out and keep in force during the term hereof public liability insurance on the Lands in amounts and with policies in a form satisfactory from time to time to the Township and all with recognized insurance companies. The Township shall be named as an additional insured. The cost or premium for each and every such policy shall be paid by the Authority and not by the Township and the Authority shall notify the Township in writing at least ten (10) days prior to any cancellation thereof. The Authority agrees that if the Authority fails to take out or keep in force such insurance, the Township will have the right to do so and pay the premium therefor, and, in such event and upon demand by the Township, the Authority shall repay to the Township the amount paid as premium.”

Insertion of the following:

6. “(e) To provide yearly on the anniversary date of the License a Certificate of Insurance showing the Township as an additional insured and evidencing liability coverages in the minimum amount of $5,000,000 (five million dollars).”

4. The Authority’s indemnification requirement listed in Item 6 of the Maintenance Agreement is hereby amended as follows:

6. (d) “To indemnify and save harmless the Township of and from all fines, suits, claims, demands and actions of any kind and nature which the Township shall or may become liable for or suffer by reason of any breach, violation or non-performance by the Authority of any covenant, term or provision hereof, or by any wrongful act, neglect or default on the part of the Authority or any of its employees.”

5. Schedule A attached hereto shall form a part of this Amending Agreement.

6. Except as amended herein, the Township and the Authority herby confirm and ratify all other provisions of the Maintenance Agreement.

IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals attested to by the hands of their duly authorized signing officers in that regard.

DATED at this day of ______, 2019.

SIGNED, SEALED ) GRAND RIVER CONSERVATION AUTHORITY AND DELIVERED ) ) ) PER: ) Name: Karen Armstrong ) Position: Deputy CAO/Secretary-Treasurer

DATED at this day of ______, 2019.

Page 143 of 201 SIGNED, SEALED )THE CORPORATION OF THE TOWNSHIP OF CENTRE WELLINGTON AND DELIVERED ) ) ) PER: ) Name: Kelly Linton ) Title: Mayor ) ) PER: ) Name: Kerri O'Kane, ) Title: Manager of Legislative Services/Municipal Clerk ) ) I/We have the authority to bind the Corporation.

Page 144 of 201 SCHEDULE A – THE “LANDS”

Page 145 of 201 Victoria Park Main Parcel Owner: GRCA PIN: 71410-0047 LTS 1, 2, 3, 4, PT LT 5 BRUCE PLACE NW GRAND RIVER PL181 ELORA; PARK LT 16 PL 181 NEW SURVEY ELORA; PT PARK LT 15 PL 181 NEW SURVEY ELORA AS IN RS6610 & RS6513 EXCEPT 61R1807; CENTRE WELLINGTON

Page 146 of 201 Victoria Park Smaller Parcel Owner: GRCA PIN: 71410-0011 PT PARKLT 17 PL 181 NEW SURVEY ELORA AS IN RS6553; CENTRE WELLINGTON

Page 147 of 201 Irvine Promenade & River’s Edge Owner: Township of Centre Wellington PIN: 71410-0140 IRVINE PROMINADE PL 181 ELORA; *PT LTS 1, 2, 3 WEST OF BRUCE PLACE, PT LTS 15 & 16, WEST OF ROYAL CIRCUS AS IN RS2310; CENTRE WELLINGTON *AMENDED 2002/07/15 BY LAND REGISTRAR #7

Page 148 of 201 Report to Council

To: Mayor Linton and Members of Council Report: CAO2019-06 Prepared By: Andy Goldie, Chief Administrative Officer Date: 26 Aug 2019

RE: Renaming of Victoria St Bridge to Jack R MacDonald Bridge

Recommendation: THAT the Council of the Township of Centre Wellington authorize the Mayor and Clerk to execute a by-law to rename the Victoria Street Bridge to the Jack R MacDonald Bridge in recognition of the generous donation to the Township.

Summary:

Report: In 2016 Jack R MacDonald donated $3.436 million to the former Village of Elora that the Township of Centre Wellington could use for any projects within the former Village of Elora the was Council projects approved the of One boundary. significant redevelopment of the former Victoria Street bridge in downtown Elora. The Victoria Street bridge was removed due to its poor structural condition a number of years ago. Since that time the Elora BIA have supported the re-installation of a bridge in the same location, using the former bridge stone piers, to connect the north and south sides of the Grand River in downtown Elora.

The Bridge is nearing completion and staff are organizing a grand opening event for the bridge for the fall of this year. During the bridge construction staff have been working on developing a story board to tell the story of Jack R MacDonald and staff have also been in contact with Mr. MacDonald's family and they are hoping they maybe able to attend the consultatiopublic the the During was it design, opening. bridge for grand n Mr. recognize to renamed be bridge that people numerous by suggested the MacDonald's contribution. With this in mind staff are recommending that the former Victoria Street Pedestrian Bridge be renamed the "Jack R. MacDonald Bridge".

As part of the bridge development there will also be a bronze plaque installed on the bridge to recognize the former Victoria Street bridge history. In addition the Elora Sculptures Group were awarded $25,000 from the Jack R MacDonald Community Fund to develop a sculpture to recognize Jack R MacDonald which will be placed near the bridge as well.

Page 149 of 201

Approved By: Andy Goldie, Chief Administrative Officer

Page 150 of 201 Report to Council

To: Mayor Linton and Members of Council Report: COR2019-56 Prepared By: Kerri O’Kane, Manager of Legislative Date: 26 Aug 2019 Services / Municipal Clerk

RE: Special Report from the Integrity Commissioner: Process for Providing Advice to Members

Recommendation: Integrity directs Wellington Centre of the the of Council the THAT Township Commissioner to include in the relevant statement of account, the surname of the Member who made a request for advice under paragraph 4,5,6 of subsection 223.3(1) of Municipal TheAct Integrity the and maintained is , provided confidentiality Commissioner reveals no information about the nature of the request or the content of the advice.

Report: For reasons of accountability, the Township must be able to confirm the services described on a statement of account received from the Integrity Commissioner were in fact provided. Mr. Guy Giorno, Integrity Commissioner has offered a solution and is proposing Council direct him to include on the statement of account, the surname of the Member who made a request for advice, provided confidentiality is maintained and the Integrity Commissioner reveals no information about the nature of the request or the content of the advice.

Attachments: ● Special Report IC June 2019

Approved By: Dan Wilson, Managing Director of Corporate Services / Treasurer Andy Goldie, Chief Administrative Officer

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To: Mayor Linton and Members of Council Report: COR2019-63 Prepared By: Lisa Miller, Supervisor of Customer Date: 26 Aug 2019 Service / Deputy Clerk

RE: Application for Toll Booth - Elora Firefighters

Recommendation: THAT the Council of the Township of Centre Wellington authorizes the Mayor and Clerk to execute a by-law authorizing a fundraising activity in the form of soliciting by a toll booth on Metcalfe Street in Elora, on Saturday, September 21, 2019 from 8:00 a.m. to 4:00 p.m. by the Elora Firefighters Association on behalf of Muscular Dystrophy Canada.

Report: A request has been received from the Elora Firefighters Association to conduct a fundraising activity in the form of soliciting by a toll booth at the Metcalfe Street bridge in Elora on Saturday, September 21, 2019.

In accordance with the Safe Streets Act, 1999 S.O 1990.c.8, toll booths are permitted subject to specific conditions. Fundraising by charities is permitted providing the following conditions are met:

1. They are conducted by a charitable organization registered under the Income Tax Act (Canada) on a roadway where the maximum speed limit is 50 kilometres per hour; and

2. They are permitted by a by-law of the municipality in which the activities are conducted.

The Township also requires the service club to provide a) a special event permit application, approved by the Managing Director of Infrastructure; b) confirmation from the OPP they have been notified of the event and c) a certificate of insurance in favour of the Township of Centre Wellington and the County of Wellington.

The applicant has provided a special event permit application and certificate of insurance and has submitted notification to the OPP. The Elora Firefighters Association will be fundraising on behalf of Muscular Dystrophy Canada.

Page 155 of 201

The County of Wellington Roads Committee and the Wellington County Police Services Board have provided letters in support of the operation of toll booths throughout Wellington County, provided the terms of the amended Safe Street Act and the Highway Traffic Act are adhered to in all locations.

Attachments: ● 19-xx Toll Booth Elora Firefighters

Approved By: Dan Wilson, Managing Director of Corporate Services / Treasurer Andy Goldie, Chief Administrative Officer

Page 156 of 201 The Corporation of the Township of Centre Wellington

By-law 2019-xx

A By-law to authorize a fund raising activity in the form of soliciting by a toll booth on the Metcalfe Street Bridge in Elora

Whereas it is only lawful to solicit persons in or on a stopped, standing or parked vehicle on a roadway pursuant to subsection 3(3) of the Safe Streets Act, 1999, S.O. 1999, c.8 if the fund raising activity is conducted by a charitable organization registered under the Income Tax Act (Canada) on a roadway where the maximum speed limit is 50 kilometres per hour and the fund raising activity is authorized by a by-law of the municipality in which the activity is conducted;

And Whereas the Elora Firefighters have for many years raised funds for many projects beneficial to the local community by means of a toll booth on the Metcalfe Street Bridge located in Elora and wishes to continue its fund raising activities in a lawful manner;

And Whereas Muscular Dystrophy Canada, being a registered charity under the Income Tax Act (Canada), has authorized the Elora Firefighters to fund raise for that organization and for this purpose the Elora Firefighters intend to operate a toll booth on the Metcalfe Street Bridge located in Elora on Saturday, September 21, 2019;

And Whereas the Elora Firefighters have undertaken to raise funds at its proposed toll booth in 2019 exclusively for that registered charitable organization and to provide evidence to the Township that the funds raised will be delivered exclusively to that registered charitable organization.

Now Therefore the Council of the Corporation of the Township of Centre Wellington hereby enacts as follows:

1. The fund raising activity by solicitation as contemplated in the Safe Streets Act, 1999 to be undertaken by members of the Elora Firefighters on behalf of Muscular Dystrophy Canada, a registered charity, as described in section 2, is hereby authorized.

2. The fund raising activity:

(a) is conducted by Muscular Dystrophy Canada, being a registered charity under the Income Tax Act (Canada), through members of the Elora Firefighters;

(b) shall be authorized in writing by the road authority, being the County of Wellington and or the Township of Centre Wellington; and,

3. This By-law shall come into force and take effect on the day of its final passing.

Read a first, second and third time and finally passed this 26th day of August, 2019.

Mayor – Kelly Linton Clerk – Kerri O’Kane

Page 157 of 201 Report to Council

To: Mayor Linton and Members of Council Report: COR2019-64 Prepared By: Lisa Miller, Supervisor of Customer Date: 26 Aug 2019 Service / Deputy Clerk

RE: Application for a Noise By-law Exemption - Weller

Recommendation: THAT the Council of the Township of Centre Wellington approves the request from Teresa Weller for an exemption to By-law 5001-05, the Noise By-law for the Township of Centre Wellington, to permit the amplification of music at 20 Hill Street, Elora on September 7, 2019 between 11:00 pm and 1:00 am for a Wedding Reception;

AND THAT the applicant ensure neighbouring property owners are notified in advance of the event.

Report: A request has been received from Teresa Weller for an exemption to the Township's Noise By-law 5001-05 to permit the amplification of music at 20 Hill Street, Elora on September 7, 2019 between 11:00 pm and 1:00 am for a Wedding Reception.

It is the desire of Teresa Weller to hold a wedding reception at her home and she recognizes the reception will go beyond the 11:00 pm curfew to 1:00 am. The applicant has been notified of the requirement to notify the neighbours prior to the event.

Approved By: Dan Wilson, Managing Director of Corporate Services / Treasurer Andy Goldie, Chief Administrative Officer

Page 158 of 201 Report to Council

To: Mayor Linton and Members of Council Report: COR2019-66 Prepared By: Satnam Chauhan, Municipal Law Date: 26 Aug 2019 Enforcement Officer

RE: By-law Enforcement Annual Report - 2018

Report: In April of 2018, the Township of Centre Wellington hired a full–time Municipal Law Enforcement of education and awareness providing purposes the for Officer of Township By-laws, conducting inspections and investigations, responding to complaints, obtaining compliance, mediating and negotiating with residents with respect to possible by-law violations and providing property owners with a reasonable amount of time to bring by-law violations into compliance.

Previously, the Township’s Building Department provided by-law enforcement services while also being tasked with reviewing and inspecting building permits. Due to the timely nature of building permit inspections and reviews, there simply was not enough time for the building inspectors to keep up with their primary tasks and by-law enforcement. This resulted in a backlog of approximately 80 files. In addition to the 80 outstanding files from 2017, By-law Enforcement Services received 147 additional complaints in 2018.

Based on statistics obtained from the Townships records management program, staff has compiled a list of the amount and types of complaints registered and their respective outcomes. The statistics show a sharp incline in the increase of by-law related complaints as follows:

• In 2017, the Township received a total of 90 by-law related complaints • In 2018, the Township received a total of 147 by-law related complaints • In 2019, as of July 24th, the Township has received a total of 163 by-law related complaints.

As you can see, the department is on pace to exceed 200 by-law related complaints by the end of the 2019.

The charts in Appendix A illustrates that in 2018, the Township received 77 Property Standards Complaints; 37 Zoning By-law complaints; 8 Sign By-law complaints; 15 Fence By-law complaints; and 1 Site Alteration By-law complaint. Furthermore, a total of

Page 159 of 201 57 orders or notices were issued, and an additional 53 by-law related matters were brought into voluntary compliance through education, business cards with notes, and/or door knockers. Additionally, 5 charges were laid, 110 have been brought into compliance, and 27 complaints were non-violations requiring no enforcement.

In 2019, By-law Enforcement has continuously received increasing amounts of by-law related concerns. As of July 24th, Township Staff has received 163 complaints, a 110% increase on last year’s totals with 23 weeks remaining in the calendar year.

The Door Knocker program, established in late 2018, is a valuable tool providing an opportunity for the Officer to obtain compliance without the issuance of an order or notice. The program allows staff to outline items of non-compliance as per Township By-laws and provide an opportunity for property owners to repair/replace/remove items in an expeditious manner. Additionally, the Door Knocker program saved the Township added costs associated with drafting and mailing orders/notices via regular mail and registered mail. In some cases, an order or notice was required if the property owner failed to comply within the prescribed time listed on the door knocker.

Public Outreach has been an important part of providing residents with education and raising awareness with respect to Township By-laws. Staff has attended Key Project open houses where Township residents can meet and discuss by-law related concerns, and obtain information on what By-laws are enforceable within the Township. Partnering with the Guelph Humane Society for community events has also provided residents with an opportunity to understand the distinction between the two agencies and which agency to contact, depending on their concerns.

Challenges for By-Law Enforcement

In 2018, 52% of all complaints and in 2019, 57% of all complaints have been Property Standards related. The Property Standards By-law provides specific authorities under the Building Code Act which requires minimum prescribed times for non-emergency orders to bring Property Standards By-law contraventions into compliance. Under Section 15.3(1), an owner or occupant may appeal an Order to the Property Standards Appeals Committee within 14 days from being served the Order. Additionally, section 27(2) states, that if a Notice or Order is served by registered mail, the service shall be deemed to have been made on the fifth day after the day of mailing. As a result of these compliance requirements, a Property Standards Order must incorporate the 14 days to file an appeal of the Order, along with 5 days to be deemed served via registered mail. Should the property owner fail to comply with an Order, the next step in the enforcement process is issuing charges under the Building Code Act for failing to comply with an Order.

With respect to minor maintenance matters such as excessive grass growth, refuse and debris, stagnant water, yard waste, snow and ice removal, graffiti, overgrown trees, shrubs, and bushes, etc., providing a minimum of 19 days to comply with minor maintenance matters can be excessive and cause greater harm, prolong clean up

Page 160 of 201 efforts and the enjoyment of the neighbourhood. A Clean Yards By-law under the Municipal Act allows for municipalities to resolve minor maintenance matters in an expeditious manner, while ensuring compliance. There is no minimum amount of time required, failure to comply with an Order would permit the municipality to enter onto the property and remediate the contraventions, with all costs associated collected in the same manner as property taxes.

A Clean Yards by-law would resolve issues that would typically be common of a resident to be able resolve on their own in a timely manner, and prevent any appeals of the matter (as is permitted under the Property Standards By-law). The Township would be able to issue an Order with a 24 hour, 3 day, 7 day compliance, or another specified amount of time deemed appropriate by the By-law Officer. Failure to comply with the Order would result in the Township retaining a contractor to bring the items within the Order into compliance. Most municipalities have taken this approach to resolve these types of issues.

Future Projects As the Township’s population rises, so will the amount of by-law related complaints. Township staff is actively working on projects in anticipation of this growth. Some key projects include the following:

• Drafting By-laws: o As the community grows, there is a clear need to review, draft and adopt new by-laws to meet the growing demand of the Township. Staff has identified three key by-laws that can provide the Township with effective tools with respect to maintaining a beautiful and clean Township. A Clean Yards by-law will provide the Township with a tool to resolve minor maintenance matters in an expeditious manner, while a Littering By-law will address illegal dumping and littering on private and public properties, including highways. Together, these two by-laws will allow Township staff maintain a clean and beautiful Township. o Additionally, Township staff is currently working on a revised Animal Control By-law that is currently out for public consultation, a Public Tree By-law to protect trees on municipal property and a Noise By-law to name a few.

• Community Engagement: o Staff plan on organizing and participating in public events that promote clean living and community clean up days. Education and engagement will be at the forefront of all by-law advancements because an informed public will promote healthy and clean living. o Staff will also be creating Do’s and Don’ts educational material and videos to share with the public. This document will illustrate how to be a good neighbour and maintain compliance with Township by-laws.

• Parking Enforcement:

Page 161 of 201 o By-law Enforcement staff will work cooperatively with staff from Infrastructure Services in meeting the future parking goals and objectives.

Attachments: ● Appendix A - By-law Complaint Summary 2016 - 2019

Approved By: Dan Wilson, Managing Director of Corporate Services / Treasurer Andy Goldie, Chief Administrative Officer

Page 162 of 201 Appendix A

2019 Complaints

Property Standards Zoning Signs Fence Site Alteration Other (noise, parking, animal, etc)

100 93 90

60 50 50

40 35

30 22 19 21 19 20 12 10 12 8 9 7 10 3 2 2 0 1 0 2 2 0 0 0 0 0 0 0 0 2 1 0 0 1 0 0 # of Complaints # of Orders/Notices Complied via Education/ # of Charges Laid # of Non-Violations Currently Active issued Door Knockers Page 163 of 201 2018 Complaints 90 77 Property Standards Zoning Signs Fence Site Alteration Other (noise, parking, animal, etc) 80 70 60 50 37 40 36 30 25 17 20 15 16 8 9 11 9 10 4 5 4 4 6 1 1 0 0 2 0 0 0 3 0 0 0 0 1 3 0 0 1 0 0 # of Complaints # of Orders/ Notices Complied via Education/ # of Charges Laid # of Non-Violations Currently Active issued Door Knockers Page 164 of 201 2017 Complaints 60

48 50

40 36

10 3 4 0 1 0 Property Standards Zoning Signs Fence Site Alteration Other

2016 Complaints 60 56

50 39 40

20 9 10 5 1 1 0 Property Standards Zoning Signs Fence Site Alteration Other Page 165 of 201 Report to Council

To: Mayor Linton and Members of Council Report: COR2019-65 Prepared By: Kerri O’Kane, Manager of Legislative Date: 26 Aug 2019 Services / Municipal Clerk

RE: By-law Enforcement Procedures

Summary: In April 2018, the Township hired a full time Municipal Law Enforcement Officer. The role of the Municipal Law Enforcement Officer is to raise awareness and provide education regarding Township by-laws, conduct inspections or investigations, respond to complaints in a timely manner, achieve voluntary compliance wherever possible, issues warnings, lay charges or issue tickets when other avenues have been exhausted or matters escalate. A copy of the Municipal Law Enforcement Officer's job description is attached.

Council adopts by-laws that establish, maintain and reflect community standards. These by-laws encourage residents and businesses to be responsible and respectful of their neighbours and contribute to the health, safety and vibrancy of our community. The goal is to provide a customer service approach to by-law enforcement with an emphasis on education and voluntary compliance.

Report: At the request of Council, staff has prepared by-law enforcement procedures pertaining to a) the filing of valid complaints, b) the inspection and/or investigation process, c) determining the best method of gaining compliance, and d) the prioritization of complaints. Other matters such as use and maintenance of a Township vehicle, uniforms, use of proper identification and record keeping have also been included.

Why Develop a By-law Enforcement Procedures? The development of by-law enforcement procedures allows Council to outline, in a public way, the goals of the Township's by-law enforcement program and to set clear expectations and standards for by-law enforcement. By-law enforcement procedures provide the framework for which Council and residents can evaluate the enforcement process and is a useful tool for training staff. Managing public expectations regarding enforcement with limited resources is a challenge and establishing by-law enforcement procedures can assist in managing these expectations while promoting transparency and accountability.

Page 166 of 201

What Should By-law Enforcement Procedures Consist of? Effective by-law enforcement procedures contain the following information, which are based on administrative fairness principles:

• is written in plain language, easily understood and applied; • sets out clearly what the policy is intended to achieve; • is flexible enough to cover a variety of circumstances where staff must exercise discretion; • does not fetter staff in exercising discretion by requiring them to take the same steps in each case, regardless of the circumstances, or discouraging individual responsibility for decisions; • sets out considerationsthe relevant staff should take into account when exercising discretion; • sets out its relationship to - and accurately reflects - governing legislation and by- laws; • is communicated to staff; • is readily available to the public (posted on website); and • is reviewed and revised as appropriate.

How to Apply By-law Enforcement Procedures? The Township of Centre Wellington has chosen to apply a customer service oriented approach with an emphasis on education and voluntary compliance when applying by- law enforcement. The municipality shall generally operate on a complaint based process with respect to by-law enforcement with the exception of a violation that poses an immediate threat to health and safety.

Properly applied by-law enforcement procedures should achieve three (3) goals:

• result in similar cases being treated in a similar way, • provide Township staff with guidance on, and limits to, exercising discretion, • provide the public with clarity and detail on how and why enforcement decisions are being made.

How do we Provide Information to the Public? Any by-law enforcement program is enhanced by clear and accessible public information. Making information available and accessible to the public helps to manage public expectations about enforcement. By-law enforcement information is most easily provided through the website and should include:

• all current bylaws • enforcement procedures • information regarding the complaints process, including any applicable forms • information regarding any appeal processes

Page 167 of 201 • contact information for by-law enforcement staff

Access to information-law enforcement provides process, transparency of the by improves accountability and may reduce the time spend answering questions.

The Officer Enforcement Law Municipal in with working i currently staff s Communications and Planning and Development to improve access to information, in particular, and preparation the website, the process filing complaint the through accessibility of educational materials, attendance at open houses, and community outreach, etc.

In the event the department grows and additional Officers are added to the compliment, a Standard Operating Procedure, which includes step-by-step instructions to assist all Officers in carrying out routine and complex operations, will be developed. The purpose of a Standard Operating Procedure is to achieve efficiencies, quality output and uniformity of performance, while reducing miscommunication and failure to comply with industry regulations.

Attachments: ● By-law Enforcement Procedures ● Municipal Law Enforcement Officer Job Description

Approved By: Dan Wilson, Managing Director of Corporate Services / Treasurer Andy Goldie, Chief Administrative Officer

Page 168 of 201 Township of Centre Wellington

Municipal Law Enforcement Procedures

Philosophy The Township of Centre Wellington shares a common goal with our residents to ensure our community is safe, healthy and enjoyable for everyone. Council adopts by-laws that establish, maintain and reflect community standards. These by-laws encourage residents and businesses to be responsible and respectful of their neighbours and contribute to the health, safety and vibrancy of our community. The goal of the Township is to provide a customer service oriented approach with an emphasis on education and voluntary compliance. The Municipality shall generally operate on a complaint based process with respect to municipal law enforcement with the exception of a violation that poses an immediate threat to health and safety. The Township of Centre Wellington is committed to the delivery of by-law enforcement in a professional, timely and effective manner. The role of the Municipal Law Enforcement Officer is to raise awareness and provide education regarding Township by-laws, conduct inspections or investigations, respond to complaints in a timely manner, achieve voluntary compliance wherever possible, issue warnings, lay charges or issue tickets when other avenues have been exhausted or the matter has escalated. Definitions Inspections are conducted to determine conformity with a by-law or to determine compliance with a previously issued Order. An inspection remains an inspection to the point where it is determined probable grounds exist to form a charge against a person for an offence. Investigations are conducted once it has been determined that probable grounds for a charge against a person exists and where efforts regarding voluntary compliance within a reasonable time frame have failed. Municipal Prosecutor means a legal representative hired by the Township to provide legal advice, and prosecute by-law related matters in Provincial Court.

Municipal Law Enforcement Officer is the Township employed, staff member whose responsibilities include investigating, inspecting, and enforcing Township By-laws. Terms such as MLEO, Officer, Investigating Officer, shall all be interpreted as the Municipal Law Enforcement Officer, unless explicitly stated otherwise. Specialist means an individual with proficient knowledge of the subject matter related to the by- law infraction. Reasonable amount of time means during daylight hours ranging from 8:30 a.m. to 6:30 p.m., at the discretion of the Officer while taking into consideration the respective time of the complainant, the property owner and the Township.

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Page 169 of 201 Valid Complaint means a complaint that describes the location and general nature of a potential by-law contravention, which includes the complainant’s name, address and phone number. Vexatious complaint means a complaint that is made for retaliatory, bad faith purposes, with intentions of malice towards another person or otherwise forms part of a pattern of conduct by the complainant that amounts to an abuse of the complaint process. Municipal Law Enforcement Services The Township’s By-law Enforcement Services consists of one full time Municipal Law Enforcement Officer who reports to the Manager of Legislative Services/Municipal Clerk. Staff from both the Building and Fire Departments have also been appointed Municipal Law Enforcement Officers to provide, from time to time, by-law enforcement services with respect to the Building Code and the Fire Code. Municipal Law Enforcement ensures the proper and consistent enforcement and compliance of the Township’s regulatory by-laws including, but not limited, the following: Open Air Burning By-law Animal Control (Assists Guelph Humane Society) Site Alteration By-law Property Standards By-law Sign By-law Zoning By-law Pool Fence By-law

Procedures 1. Complaints

1.1 When a valid complaint is received, Township staff shall collect and record the necessary information from the complainant and open a work order in the applicable records database software. Staff receiving the complaint shall ensure to obtain the following information from the complainant (as outlined in Schedule A): • Name • Address • Phone number • Email (optional) • Address/Location of the alleged by-law violation • Witness observations • Description of Complaint Note: Failure to provide the above noted information may result in the complaint being dismissed and closed without inspection. 1.2 Complaints may be received through the following: • Complaints from a member of the public about a by-law contravention. Complainants are to provide the information requirements of a valid complaint. Complaints may be received by the Township in person, by telephone, in writing or via email through the website;

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Page 170 of 201 • Observations of a member of staff or Council of a by-law infraction, apparent unsafe condition or failure to obtain a permit; • Information from a credible third party source, such as a police officer, Provincial or Federal enforcement official, Grand River Conservation Authority official, and the like; • During the regular course of their duties, the Municipal Law Enforcement Officer, Building Inspector or Fire Official may seek out by-law infractions for ussies of public health and/or safety or other by-law violations.

1.3 Complaints made on behalf of another party may not be inspected, unless the reason why the witness cannot formally provide the information is valid (e.g. language barrier)

1.4 All complainant information shall be protected to the extent the Municipal Freedom of Information and Protection of Privacy Act permits and will not be disclosed to anyone unless ordered by a Court or other tribunal or body of competent jurisdiction.

1.5 Once a complaint has been registered, the Municipal Law Enforcement Officer will employ all resources reasonable for the inspection for preliminary review. This includes but is not limited to reviewing Township documents related to the subject property.

1.6 If required, the Municipal Law Enforcement Officer will contact the complainant to confirm or verify the information, and/or obtain further information from the witness.

1.7 Once the Municipal Law Enforcement Officer has compiled all of his/her preliminary information, the Investigating Officer shall attend the subject property and conduct an inspection to determine if non-compliance to the related by-law has occurred. If required, the officer may request the attendance of a specialist to assist with determining if a violation has occurred. The Municipal Law Enforcement Officer will attempt to contact an owner/occupant before conducting an inspection. Municipal Law Enforcement Officer’s wear uniforms, carry appropriate identification, and operate a Township vehicle with decals stating By-law Compliance. A business card or door knocker is left at the property if an owner/occupant is not home with the Officer’s contact information. Depending on the circumstances, the Officer may proceed with their investigation or inspection as authorized by the applicable Acts/Legislation and outlined on Schedule B. Complaints may not be inspected/investigated if, in the opinion of the Municipal Law Enforcement Officer, they:

• Do not qualify as a valid complaint under this policy; • Are not made by a person who is directly affected by the alleged violation; or • Are primarily related to a dispute between two private parties, including situations where complaints are based on matters such as fences between privately-owned properties.

1.8 If the Municipal Law Enforcement Officer is unsure a violation has occurred, they may seek the advice of the Municipal Prosecutor, solicitor, government agency and/or a department within the Township if the matter is related to their area of expertise.

1.9 The Township of Centre Wellington is committed to the safety of its Municipal By-law Enforcement Officers and staff. Where Municipal By-law Enforcement Officers or staff have

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Page 171 of 201 concern for their safety in the performance of the duties, they may be accompanied by the Ontario Provincial Police.

2. Enforcement

2.1 When the Investigating Officer has determined that an offence or violation of an enforceable by-law has occurred, in order to determine the best method to gain compliance, the Officer shall have consideration for, but not necessarily be limited to: potential risk to healthy and/or safety, the scale, nature, extent and severity of the by-law contraventions, the history of non- compliance on the property or by the contravener, the number and duration of the violation(s); the current, short and long term impacts of the violation(s); the potential for precedent; and the resources available to resolve the matter before taking either of the following steps:

2.1.1 Educate and provide a reasonable period of time to the responsible parties to bring the matter into compliance. This may include verbally educating; placing a door knocker with information of the contravention/work required; placing a business card on the front door (in order to initiate contact and start a conversation regarding the by-law contravention); or

2.1.2 Issue an Order/Notice to the property owner(s) via regular and registered mail, and in some circumstances posting the Order in a conspicuous location on the property, or hand delivery to the owner(s); or

2.1.3 Issue a Part I or Part III Provincial Offence Notice, within the limitations set forth by the Provincial Offences Act, Planning Act, Building Code Act, Municipal Act, and any other Acts or Legislation, at the discretion of the Officer.

2.1.4 The Township recognizes resources are limited. As such, staff will prioritize investigations regarding complaints to ensure that health and safety matters are addressed in the most expedient fashion possible. Complaints are investigated in consideration of the following:

Priority # 1 Health & Safety – This includes by-law violations that affect the health, safety and security of the public or a property. Examples of by-law violations that may be considered high priority: • Construction without a valid building permit where there are multiple code infractions relating to safety (unfenced pool); • Inadequate exiting and/or fire protection due to building alterations without a permit; • Hauling of materials or site alteration without a valid permit • Structural concerns with potential of high risk or injury to persons or property.

Priority #2 Community Impact – This includes by-law violations that affect surrounding properties, negatively affect the community or the environment. Examples of by-law violations that may be considered medium priority: • Unsightly premises (long grass, garbage) • Burning without a permit • Zoning violation

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Page 172 of 201 Priority # 3 General Nuisance – This includes by-law violations that are general nuisances or minor infractions that do not affect the health, safety and security of the surrounding properties. Examples may include: • Minor renovations without a permit, where there are no concerns relating to health and safety and the use of building comply with the Zoning By-law

NOTE: Municipal Law Enforcement Officers will approach situations to provide education, raise awareness and provide an opportunity to comply voluntarily as the primary method to gain compliance. 2.2 All Orders and Notices shall include the following: 2.2.1 Mailing address of the owner(s); 2.2.2 Address of the subject property; 2.2.3 Date of issuance; 2.2.4 Applicable by-law and section(s), with verbiage; 2.2.5 A statement that clearly states the outstanding issues and what is required to bring the matter(s) into compliance; 2.2.6 A deadline for when the by-law infractions must be complied with; 2.2.7 Statement advising of the consequences should the Order not be complied with; 2.2.8 Statement advising of any applicable appeal process; 2.2.9 Contact information of the Investigating Officer.

2.3 The Investigating Officer shall notify any applicable Township departments or outside agencies that may have a vested interest in the violation (e.g. - Grand River Conservation Authority, Ontario Provincial Police, County of Wellington, Ministry of Natural Resources, Ministry of Health, Ministry of Environment, and/or any other applicable agency).

2.4 Should the Investigating Officer observe a violation that poses an imminent threat to health or safety, an Emergency Order may be issued as per the requirements of the Building Code Act, and Municipal Act.

2.4.1 An emergency order would be issued in a situation where the Officer has determined that the imminent threat to health or safety must be eliminated immediately. In such situations, the Investigating Officer may contact any applicable agencies and contractors required to alleviate the situation.

2.5 Once an Order has passed its date of compliance, the Municipal Law Enforcement Officer shall attend the property and conduct a compliance check to confirm if the outstanding matter has been brought into compliance. Upon confirming the Order has been complied with, the Municipal Law Enforcement Officer or support staff will mark the complaint as resolved.

2.6 If the outstanding matter has not been complied with, the Officer may determine whether to attempt a second written warning or proceed with the actions necessary to address the situation in accordance with municipal by-laws or other statues. The officer may:

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Page 173 of 201 2.6.1 Issue a charge, remediation, or a combination of both; 2.6.2 If required, in extreme circumstances, an injunction may be levied on the property. 3. Uniform

3.1 Municipal Law Enforcement Officers are issued uniforms to be worn while on duty. The uniform clearly identifies the Officer as a Municipal Law Enforcement Officer and official identification is also to be carried and presented. The uniform must not be worn on personal business other than travel to or from work or during meal breaks.

4. Township Vehicle

4.1 It is the responsibility of the Municipal Law Enforcement Officer to assist with the maintenance of the vehicle supplied by the Township. The interior and exterior of the vehicle is to be kept clean. Oil levels are to be checked on a regular basis and fuel is not to be left below ¼ tank. Gas is to be purchased from Township approved service centres as directed. Other fluid levels including, transmission, brake and windshield washer are to be checked bi-monthly and filled as required. A circle check should be conducted before and after each day’s use.

A vehicle maintenance log book is located in the glove compartment of the vehicle. All maintenance and/or repairs are to be recorded in the log and appointments for maintenance shall be made in accordance with the schedule.

5. Administration and Record Keeping

5.1 Municipal Law Enforcement Officers and staff from Legislative Services will have the ability to intake complaints into the applicable records database software. Each registered complaint shall be assigned to an Officer, and the Officer will be responsible for updating the file with information related to the investigation, inspection, contraventions of applicable by-laws, orders/notices, pertinent correspondence, and outcomes.

5.2 Records, including pictures, documents, and correspondences shall be retained and filed with the applicable property and incident number. Access to by-law enforcement records will be limited to authorized staff.

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Page 174 of 201 “Schedule A” Formal By-law Complaint Form

All complaints are private and confidential and protected in accordance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended. The Township will not disclose names or details of the investigation unless compelled to do so by a Court or other tribunal or body of competent jurisdiction.

Date:

Name of Complainant: ______

Address:

Telephone No. Alternative Contact No. or email

COMPLAINT

Address of Property:

Nature of Complaint (Who, What, When, Where, Why):

______

If necessary, is the Complainant willing to testify in Court? (Check One)

Yes No

IMPORTANT: This document must be completed legibly and in its entirety. Personal Information contained in this form is collected pursuant to the Municipal Act and the Municipal Freedom of Information and Protection of Privacy Act and will be used for the purpose of responding to the complaint.

Signature of Complainant: ______

Received By: ______

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Page 175 of 201

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Page 176 of 201 “Schedule B” Applicable Authorities to Enter onto Property

By-Law Applicable Description Act Property Building Entry onto Property Standards Code Act- Where a by-law under 15.1 is in effect, an officer may, upon By-law Section 15.2 producing proper identification, enter upon any property at any reasonable time without a warrant for the purpose of inspecting the property to determine, (a) whether the property conforms with the standards prescribed in the by-law; or (b) whether an order made under subsection (2) has been complied with Building Warrantless entry Code Act- For the purpose of subsection (1), employees or agents of the Section 15.4 municipality may enter the property at any reasonable time (2) without a warrant in order to repair or demolish the property. 1997, c. 24, s. 224 (8).

Building Emergency Orders Code Act- If upon inspection of a property the officer is satisfied that there Section is non-conformity with the standards in a by-law passed under 15.7(1) section 15.1 to such extent as to pose an immediate danger to the health or safety of any person, the officer may make an order containing particulars of the non-conformity and requiring remedial repairs or other work to be carried out immediately to terminate the danger. 1997, c. 24, s. 224 (8). Building Entry into a Dwelling Code Act- Despite sections 8, 12, 15, 15.2, 15.4, 15.9, 15.10.1 and Section 16(1) 15.10.3, an inspector or officer shall not enter or remain in any room or place actually being used as a dwelling unless, (a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and entry made only under the authority of a warrant issued under this Act; (a.1) a warrant issued under this Act is obtained; (b) the delay necessary to obtain a warrant or the consent of the occupier would result in an immediate danger to the health or safety of any person; (c) the entry is necessary to terminate a danger under subsection 15.7 (3) or 15.10 (3); or (d) the requirements of subsection (2) are met and the entry is necessary to remove a building or restore a site under subsection 8 (6), to remove an unsafe condition under clause 15.9 (6) (b) or to repair or demolish under subsection 15.4 (1). 1992, c. 23, s. 16 (1); 1997, c. 24, s. 224 (9, 10); 2002, c. 9, s. 30; 2006, c. 19, Sched. O, s. 1 (11); 2006, c. 22, s. 112 (9); 2017, c. 34, Sched. 2, s. 20.

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Page 177 of 201 Zoning Planning Act Entry on a Property By-law – Section (2) Subject to subsection (3), where an officer believes on 49(2) reasonable grounds that section 46, an order of the Minister made under clause 47 (1) (a) or a by-law passed under section 34 or 38 is being contravened, the officer or any person acting under his or her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property on or in respect of which he or she believes the contravention is occurring. R.S.O. 1990, c. P.13, s. 49 (1, 2). Planning Act- Entry into dwelling Section 49(3) (3) Except under the authority of a search warrant issued under section 49.1, an officer or any person acting under his or her instructions shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. R.S.O. 1990, c. P.13, s. 49 (3); 1994, c. 2, s. 45 (1).

Site Municipal Act Entry on a Property Alteration – Section A municipality has the power to pass by-laws providing that the By-law 436(1) municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or Fence By- not the following are being complied with: law 1. A by-law of the municipality passed under this Act. 2. A direction or order of the municipality made under this Act Noise By- or made under a by-law of the municipality passed under this law Act. 3. A condition of a licence issued under a by-law of the Sign By- municipality passed under this Act. law 4. An order made under section 431. 2006, c. 32, Sched. A, s. 184. Animal Control Municipal Entry into a Dwelling By-law Act- Section Despite any provision of this Act, a person exercising a power 437 of entry on behalf of a municipality under this Act shall not enter or remain in any room or place actually being used as a dwelling unless, (a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of an order issued under section 438, a warrant issued under section 439 or a warrant under section 386.3; (b) an order issued under section 438 is obtained; (c) a warrant issued under section 439 is obtained; (d) a warrant issued under section 386.3 is obtained; (e) the delay necessary to obtain an order under section 438, to obtain a warrant under section 439 or to obtain the consent of the occupier would result in an immediate danger to the health or safety of any person; or

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Page 178 of 201 (f) the municipality has given notice of its intention to enter to the occupier of the land as required under subsection 435 (2) and the entry is authorized under section 79, 80 or 446. 2006, c. 32, Sched. A, s. 184.

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Page 179 of 201

JOB DESCRIPTION

Municipal Law Enforcement Officer

Position Synopsis and Purpose (A position overview and how it connects to the big picture)

The Municipal Law Enforcement Officer provides awareness and education of Township by- laws, conducts inspections or investigations, responds to complaints in a timely manner, achieves voluntary compliance wherever possible, issues warnings, and applies penalties, when necessary. This position is also responsible for mediating and negotiating with residents with respect to possible by-law violations and providing property owners with an appropriate amount of time to bring by-law violations into compliance. This position is responsible for upholding the Townships municipal by-laws and utilizing discretion to determine the appropriate course of action. An adjustable schedule is required for this position in order to investigate by-law complaints outside regular business hours. Lastly, this position is responsible for providing input in the development of the position. This includes drafting by-laws, establishing processes, and conducting roundtable discussions with management, colleagues, and various external entities.

Major Responsibilities (What this position does and how they allocate their time)

Approx. Time Description Spent (%) Administrative • Researching, drafting, enforcing Township by-laws • Responsible for mailing notices and orders via registered and regular mail, and on occasion hand delivery • Maintains effective, co-operative and professional liaison with other Township staff, municipalities, enforcement agencies and other external organizations. Responsible for providing input on by-law enforcement services and its development. • Responsible for drafting council reports and presenting to council • Responsible for ordering administrative supplies, keeping inventory, uniforms, and equipment required for this position. 35% • Prepares reports and correspondence regarding status of investigations or complaints as required and maintains complete and accurate records of complaints in the computer system. • Undertakes special projects and performs other duties as assigned, in accordance with departmental or corporate objectives and under the direction of the Manager of Legislative Services/Clerk and/or the Chief Building Official. • Collaborates with Planning & Development Services, Infrastructure Services and Legislative Services in the research and enforcement of by-laws

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Approx. Time Description Spent (%) • Other duties as assigned and/or required.

Enforcement • Issues and serves notices, summonses and orders; conducts follow-up inspections to ensure compliance. Conducting investigations and inspections of properties, this includes inspections inside private dwellings, as well as exterior property inspections. • Responsible for tracking and issuing summons to persons charged with violating Township by-laws • Provides information and interpretation of by-laws to Members of Council, staff, business representatives and the general public • Responds to complaints pertaining to by-laws, including but not necessary limited to; zoning, property standards, licensing, fencing by-law, sign by-law, etc., ensures the appropriate action is taken to resolve the matter or to enforce compliance with Township policies and procedures and applicable legislation • Interprets by-laws and relevant legislation to determine non- 55% compliance.

• Researching, sourcing, and compiling reports for management • Maintains current knowledge of legislation and regulations, industry trends, bylaws, standards and principles • Maintains skills and knowledge at a high level by taking training and development through courses, seminars, workshops and selected reading. • Provides input, conducts research, provides recommendations and support for the creation and amendments to programs, policies and by-laws and, as appropriate the establishment of set fines and short-form wording in accordance with the Provincial Offences Act • Collaborates with Planning & Development Services, Infrastructure Services and Legislative Services in the research and enforcement of by-laws

Legal • Collects, compiles and maintains evidence required for Court action and prepares court documents; liaises with internal and external parties for 10% coordinated response to joint investigations. • Attends court and gives evidence as required.

Note: All activities are expected to be performed in a safe manner, in accordance with the Occupational Health and Safety Act and its Regulations, along with Corporate Safety policies, procedures and programs. In addition, all necessary personal protective equipment must be used and maintained in good condition.

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Minimum Qualifications (absolutely cannot do without)

Education (degree/diploma/certifications) • Formal academic training in Law Enforcement that includes a two year diploma/certificate in Police Studies/Foundations, Law & Security, Justice Administration or related discipline, or combination of education and experience in bylaw and licensing enforcement. • Certification as a Certified Property Standards Officer (CPSO) with the Ontario Association of Property Standards Officer in Ontario and Certified Municipal Law Enforcement Officer through the Municipal Law Enforcement Officers Association of Ontario is required or must be eligible for certification.

Experience • Demonstrated experience of 3-4 years in progressive Municipal Bylaw Enforcement and Licensing positions or related enforcement experience (preferably in a municipal environment).

Knowledge/Skill/Ability • Thorough working knowledge of the Provincial Offences Act, Highway Traffic Act, Municipal Act, Ontario Building Code, Provincial Offences Act, Dog Owner’s Liability Act and other pertinent legislation related to municipal by-law enforcement; and municipal bylaw enforcement processes and practices including court documentation and proceedings. • Have sound judgement, analytical and decision-making skills • Interpretation skills in assessing a variety of complaints and the ability to determine the appropriate action • Ability to work under pressure by multi-tasking, priority-setting, negotiating compliance and mediating disputes while maintaining composure • Knowledge of the functions of the Ontario courts • Conflict Resolution skills • Computer literacy utilizing Microsoft Office Suite (Word, Excel, Outlook, PowerPoint), etc. • Ability to communicate, negotiate and mediate clearly. • Excellent communication and interpersonal skills to effectively deal with demanding situations. • Requires political sensitivity and dealings with confidential information. • Strong work ethic and ability to work independently. • Ability to adapt readily to rapidly changing demands and circumstances in a changing work environment. • Ability to write reports and recommendations with respect to by-law issues and topics. • Excellent time management, analytical and problem solving skills. • Variety of duties with frequent interruptions. Mental, visual and/or aural concentration required when, investigating, taking notes or attending court. • This position requires the application of established regulations, guidelines, methods or procedures and includes a choice of methods.

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• Work may involve physically draining and exhausting activities which may include providing assistance in emergency response situations and be involved in physically dangerous and confrontational situations. • Periods of sporadic sitting, standing, walking and climbing. May be required to lift items weighing over 20 kilograms. • Frequent contacts for investigations, discussions, often of a sensitive and confidential nature. • Establishes and maintains strong work relationships with Members of Council and staff, notably Legislative, Building, Engineering and Public Works. Establishes courtesy and cooperation with administration and finance employees. • External contacts include the general public, business community, OPP, Prosecutor/Crown Attorney, Provincial Offences staff, Emergency Services, Guelph Humane Society/Animal Control. • Must be computer literate in MS Outlook, Word and Excel • Must possess a valid Class ‘G’ Driver’s License and maintain a clean driver’s abstract.

Preferred Qualifications (the Ideal Candidate)

Education (degree/diploma/certifications) • University Degree in a related discipline

• Municipal Law Enforcement Officers Association of Ontario- Part 1 Certificate

• Ontario Association of Property Standards Officers- Certified Property Standards Officer designation Experience • Experience in participating in Property Standards Appeals processes

Knowledge/Skill/Ability

Work Setting (Description of the work environment and nature of people interactions)

Contacts

Frequency Legend Constant – every day for most of the day Occasional – bi-weekly to monthly Frequent – daily Rare – once in a while Regular – weekly

Contact Frequency Nature of Interaction Discussing possible by-law violations, provides interpretation and education on municipal by- Members of the public, law provisions, scheduling meetings, providing property owners, tenants, Frequent input, complaint intake either via e-mail, phone, complainants or in-person. Attends open houses and other out-reach opportunities to educate and raise awareness.

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Contact Frequency Nature of Interaction Providing updates, seeking direction, Manager & Supervisor Regular collaboration. Collaborating on by-law related initiatives, Township employees Frequent seeking clarification on building or zoning related matters, scheduling joint inspections Networking, training/development programs, Other Municipalities Occasional sharing of ideas/providing support, collaboration in the development of County wide by-laws By-law enforcement development, roundtable Management Occasional discussions on by-law related matters(generally or specific investigations) Responding to questions, interpretation of by- Members of Council Occasional laws, municipal protocols, etc.

Work Conditions

- Normal hours of work consist of 35 hours per week, Monday to Friday, with occasional weekend, evening, early, and overnight shifts. Overtime required on occasion. - Regularly working indoors in a multi-tasking environment, sitting at a desk in a cubicle setting with frequent interruptions. - Regularly conducting investigations and inspections outdoors and inside dwellings and businesses. - Inspecting rural and urban properties with no personal protective devices or backup. - Constantly assessing my surrounding environment while conducting inspections for personal safety/risks. - Occasionally dealing with aggressive and hostile people in-person or over the phone/email. - Attending properties that may pose sanitary health risks, risks of dog bites while on private properties

Position Classification (Where this position fits)

Position Title: Municipal Law Enforcement Officer Division: Corporate Services

Department: Legislative Services Classification: Staff Association Reports to (Direct): Branch: N/A Manager of Legislative Services & Municipal Clerk Position(s) Supervised Directly: Position(s) Supervised (Indirectly):

Effective Date: Revision Date: May 2019

Location: CW Municipal Office Hours per week: 35

IMPORTANT NOTE The Township of Centre Wellington reserves the right to change, amend or disuse this job description at any time. This document is intended to provide an overview of the required responsibilities and qualifications.

Page 184 of 201 Report to Council

To: Mayor Linton and Members of Council Report: COR2019-68 Prepared By: Mark Bradey, Financial Manager / Deputy Date: 26 Aug 2019 Treasurer

RE: Operating Results - June 30, 2019

Report: This report provides a quantitative (Attachment A) and qualitative analysis (Attachment B) of the Township’s operating results for the six months ended June 30, 2019.

The attached qualitative analysis was completed at a “high level”. The approach taken for identifying significant variances was to review the operating results for the six months for each department and highlight those variances that are material in nature to that specific division. Therefore, a variance that may be significant to one division (i.e. Emergency Communications) may not necessarily be noteworthy in another department (i.e. Public Works).

As it is still early in the year, it is difficult to provide conclusions concerning year end variances. A number of variances are due to timing of budget recognition and seasonal effects that impact many divisions. As such, comparisons to prior year(s) are provided to highlight areas that may be problematic. Township staff will continue to monitor budget variances and take appropriate action, if able, to ensure negative variances are minimized by year end.

Most operating departments were either under budget or did not exceed their budget significantly once adjusted for seasonal and timing impacts at June 30th.

Specific details ificant concerning sign variances are summarized in the attached qualitative analysis.

Consultation: The preparation for this report was done in consultation with: • Various Township staff responsible for operations • Lisa Gatto – Supervisor of Accounting & Taxation

Attachments: ● Attachment A - June 30, 2019 Operating Results by Division

Page 185 of 201 ● Attachment B - June 30, 2019 Operating Results Qualitative Analysis

Approved By: Dan Wilson, Managing Director of Corporate Services / Treasurer Andy Goldie, Chief Administrative Officer

Page 186 of 201 Attachment A Township of Centre Wellington Operating Results by Division For the Six Months Ending June 30, 2019

Variance 2019 Budget 2019 Actual minus Budget YTD Division Budget Year to Date (YTD) Actual YTD (Notes 1 & 2)

MAYOR & COUNCIL (246,550) (120,764) (116,602) 4,162 OFFICE OF THE CAO & HUMAN RESOURCES (667,669) (312,677) (293,591) 19,086 LEGISLATIVE SERVICES (585,262) (285,006) (244,542) 40,465 FINANCIAL SERVICES (860,755) (398,444) (402,684) (4,240) INFORMATION & TECHNOLOGY SERVICES (834,159) (401,190) (372,178) 29,012 GENERAL ADMINISTRATION 374,919 92,396 142,612 50,216 FIRE DIVISION (1,573,038) (778,115) (709,776) 68,339 BUILDING DIVISION 229,005 149,513 321,922 172,408 STRAY ANIMAL CONTROL (41,450) (20,717) 25,280 45,997 LIVESTOCK ACT (250) (125) (240) (115) BY-LAW ENFORCEMENT (109,599) (50,932) (49,208) 1,724 OTHER PROTECTION PERSON & PROPERTY (1,200) (600) (443) 157 EMERGENCY COMMUNICATION (4,000) (1,999) (648) 1,352 PUBLIC WORKS (4,617,132) (2,364,389) (2,871,872) (507,483) CEMETERIES (1,650) (1,500) 30,965 32,465 HEALTH (16,773) (8,330) (12,596) (4,266) CROSSING GUARDS (66,750) (33,362) (36,063) (2,701) PARKS & RECREATION (2,703,916) (1,308,221) (1,194,155) 114,066 FERGUS GRAND THEATRE (87,303) (43,217) (43,902) (685) OTHER CULTURAL SERVICES (20,000) (9,996) (17,052) (7,056) OTHER SOCIAL SERVICES (249,805) (148,802) (149,600) (798) HERITAGE (15,100) (8,797) (4,418) 4,379 VICTORIA PARK SENIORS CENTRE (281,554) (112,140) (102,522) 9,617 PLANNING DIVISION (434,732) (196,711) (179,478) 17,233 COMMITTEE OF ADJUSTMENT 11,450 5,723 5,406 (317) ECONOMIC DEVELOPMENT (182,364) (87,263) (81,340) 5,924 TOURISM (258,061) (122,188) (118,488) 3,700 RENTAL BUILDINGS 49,340 24,660 23,087 (1,573) TAXATION & PIL REVENUE 15,680,555 13,666,458 13,790,737 124,279 NET DEBT (417,614) (311,443) (304,248) 7,195 OTHER REVENUE & EXPENSES (2,068,585) (2,725,723) (2,582,299) 143,423

Notes: 1. Favorable variances are indicated by a positive number in the Variance column 2. Unfavorable variances are indicated by a negative number in the Variance column

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Attachment B

Township of Centre Wellington Operating Results For the Six Months Ended June 30, 2019

QUALITATIVE ANALYSIS

The following represents a summary of all significant operating variances for the six months ended June 30, 2019.

General Government

Mayor & Council The favorable variance is due to low usage of the health care spending account of approximately $11,000 compared to the annual budget amount. This is offset by an unfavorable variance in administrative expenditures resulting from a timing issue concerning the payment of AMO membership dues. An unfavorable variance of $4,100 for conference expenditures is offset by meeting per diems paid to councilors that was $5,000 lower than anticipated at June 30th.

CAO & Human Resources Favorable variance is mainly due to a full year budgeted for the part-time Digital Media Associate contract and the position was not filled until July 2019. There is also a favorable variance of $5,000 for the management training line item at June 30th.

Legislative Services Favorable variance is mainly the result of a new full-time position (Legislative Services Coordinator) approved in the 2019 Budget for a full year and the position was not filled until May 2019.

Financial Services The unfavorable variance is due to the timing of invoices received and paid for association/membership fees, office supplies and professional fee line items at June 30th. It is expected that these line items will be close to budget at December 31st.

This is partially offset by favorable variances due to higher than expected revenue for new roll number fees and lower usage under conferences, seminars and training expenditures than projected at June 30th. It is anticipated that training expenditures will be close to budget by year end as finance staff are registered for seminars and conferences in the second half of the year.

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Information Technology & Services The favorable variance is due to an increase in the management fee that is charged by the Township to Centre Wellington Communications (CWC) for overseeing the operations of the company. This increase was approved by the CWC board in May. Furthermore, minimal use of professional fees for technical support and lower than anticipated training expenditures to June 30th have augmented the favorable variance.

General Administration The favorable variance is mainly due to tax write-offs, professional fees, insurance premiums and seasonal related expenditures that were lower than anticipated at June 30th.

This is offset by postage expenditures that are 90% of the annual budget (Budget = $32,500) at June 30th. It is expected that this line item will not vary significantly from budget at year end.

WSIB and insurance claims are lower than expected to June 30th. Although these items do not have an effect on the Township’s surplus/deficit, it positively impacts the respective WSIB and Insurance Claims reserves.

Protection to Persons & Property

Fire Department The favorable variance is partially due to volunteer wages which were 45% of budget (Budget = $470,000) at June 30th. Standby fees were $20,200 lower than anticipated at June 30th due to less volunteer firefighters on weekly standby as a result of staff shortages. Also the timing of the 2019 billing for dispatch fees by the City of Guelph has created a further favorable variance of $27,900 at June 30th. The annual billing for dispatch services was received and paid subsequent to June 30th. The favorable variance is partially offset by the annual insurance premium payment for volunteer firefighters being processed and paid in June versus July.

Total revenue for the department is at 69% of the annual budget (Budget = $93,000), mainly due to burn permit revenue collected to June 30th. Revenue balances are slightly higher when compared to prior year amounts at June 30th.

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Building Department Building revenue is approximately 62% of the annual budgeted amount resulting in a favorable variance of $138,000 at June 30th. In addition, vacant building official positions, due to turnover, and a delayed start for a contract position have further contributed to the favorable variance.

This is offset by an unfavorable variance for professional fees of $11,900 related to legal assistance concerning various zoning and building code violations.

It is important to note that year end surpluses resulting from building permit operations are required to be transferred into a stabilization reserve fund in accordance with the Building Code Act. Conversely, year-end deficits resulting from building permit operations are required to be funded by the stabilization reserve fund. The current balance in the reserve is approximately $1,879,000.

Stray Animal Control The favorable variance is due to dog tag revenues that were 91% of the 2019 budgeted revenue of $89,000 at June 30th. As the deadline for obtaining a dog tag without penalty is April 30th, it is possible there may be a small negative variance for this cost centre at year end. Procedures implemented subsequent to the April 30th deadline to follow up on delinquent accounts have resulted in dog tag revenue achieving 93% of the budget by July 31st which is consistent with the prior year.

Livestock Act No significant variances.

By-Law Enforcement No significant variances.

Other Protection to Persons & Property No significant variances.

Emergency Communication The favorable variance is due to minimal use of the provision for emergency supplies expenditure line during the first half of 2019.

Other Township Departments

Public Works Significant favorable variances are:

Bridges and Culverts is 33% (2018 = 52%) of the annual budget (Budget = $128,400). Bridge and culvert repairs are scheduled for the second half of the year.

Grass cutting and weed spraying is 16% (2018 = 13%) of the annual budget (Budget = $112,200).

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Brush and tree removal is 17% (2018 = 29%) of the annual budget (Budget = $185,500). Further tree removal has taken place in July and August, and brush removal is scheduled for the Fall.

Ditching is 4% (2018 = 9%) of the annual budget (Budget = $94,200).

Curbs, Gutters and Basins is 14% (2018 = 11%) of the annual budget (Budget = $63,300).

Shoulder maintenance is 30% (2018 = 12%) of the annual budget (Budget = $102,200). Gravel is to be added to shoulders in the Fall.

Grading is 29% (2018 = 44%) of the annual budget (Budget = $268,400). Additional grading is planned for the Fall.

Significant unfavorable variances are:

Snow related cost centres are 69% of the annual budget (Budget = $1,328,000) at June 30th (2018 = 60%). Historically, the first 6 months of the year account for approximately 70% of the annual expenditures for the snow related cost centres.

Bituminous pavement patching is 65% (2018 = 61%) of the annual budget (Budget = $135,500).

Street cleaning is 78% (2018 = 71%) of the annual budget (Budget = $93,200).

Safety devices are 73% (2018 = 44%) of the annual budget (Budget = $137,200). Aging infrastructure has resulted in numerous repairs this year to traffic signals.

Dustlaying is 69% (2018 = 76%) of the annual budget (Budget = $327,900).

Gravel resurfacing is 93% (2018 = 89%) of the annual budget (Budget = $409,200).

Fleet fuel and repair costs are 58% (2018 = 69%) of the annual budget (Budget = $710,000).

Streetlight related cost centres have an unfavorable variance of approximately $100,000 due to the elimination of the streetlight area rate in the 2019 budget.

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Cemeteries Cemetery revenue is 42% (2018 = 53%) of the annual budget at June 30th.

Expenditures are 23% (2018 = 40%) of the annual budget mainly due to various monument and grounds related maintenance line items being under budget at June 30th. Expenditures for these maintenance items are typically higher in the second half of the year.

Health The unfavorable balance is due to snow removal and landscaping costs at the Centre Wellington Community Medical Offices that are 93% (2018 = 93%) of the annual budget at June 30th.

Crossing Guards Wages paid to crossing guards accounts for the negative variance at June 30th. This is due to a variation between the equal distribution of the wages budget for crossing guards throughout the year and the seasonality of wages paid to crossing guards. It is expected that the variance from budget at year end will be minimal.

Parks & Recreation Revenues at the Sportsplex and ECC are approximately 53% (2018 = 51%) of the annual budget (Budget = $2,003,500) at June 30th. Historically revenue is slightly higher in the second half of the year for these two facilities. Therefore revenues should be close to, or exceed, budget by the end of the year.

Expenditures at the Sportsplex and ECC are approximately 51% (2018 = 49%) of the annual budget (Budget = $2,960,835) at June 30th. Repair and maintenance, utility and snow removal costs for the two facilities are higher than expected for the first quarter of the year. Staff will continue to monitor these negative variances throughout the year and make adjustments, if necessary, for the 2020 Draft Budget.

Parks expenditures were 30% (2018 = 27%) of the annual parks budget at June 30th. Parks expenditures are typically around 30% to 35% in the first half of the year as water costs for splash pads, parks, and maintenance costs are higher in the second half of the year.

Administrative costs had a favorable variance of $20,100 at March 31st. This is mainly due to seasonality of operations for the Parks and Recreation division as certain labour costs were under budget at June 30th as expected.

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Fergus Grand Theatre Revenue is 39% of budget (Budget = $92,750) at June 30th. The unfavorable variance is due to the seasonal nature of the theatre. Specifically, the majority of the theatre’s revenue is earned during the fourth quarter of the year.

$3,200 of the shortfall in revenue is for in-house productions as in some circumstances performer and artist fees are paid in advance of performance in order to secure bookings. It is anticipated that in-house productions will breakeven by year end as many of the shows are presented in the fourth quarter of 2019.

Other Cultural Services The unfavorable variance is mainly due to the timing of Canada Day events. Canada Day celebrations were at 85% (2018 = 70%) of the annual budget at June 30th.

Other Social Services Snow removal costs for behind the Fergus Library is 99% of the annual budget (Budget = $40,000) at June 30th. This is offset by lower than expected costs to June 30th for labour and equipment expenditures in the Fergus and Elora downtown areas. Labour and equipment costs are typically higher in the second half of the year due to expenditures associated with watering and maintaining gardens and green spaces.

Heritage The favorable variance is due to minimal expenditures for all budgeted line items in this division as of June 30th.

Victoria Park Seniors’ Centre The favorable variance is due to the surplus from programming activities exceeding expectations at the end of the second quarter. This is partially offset by a negative variance for snow removal expenditures at June 30th.

Planning Department The favorable variance is due to revenue being 59% of the annual budget (Budget = $185,000) at June 30th.

Committee of Adjustments No significant variances.

Economic Development $13,200 of the favorable variance is due to unspent funds in the marketing expenditure line (19% of the annual budget spent) at June 30th.

Payment of the annual invoice from the Business Centre Guelph - Wellington in the first half of the year for small business training and support results in an unfavorable variance of $7,300 at June 30th. However the actual realized variance at year end will be $600.

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Tourism The favorable variance is partly due to provincial grant funding received for hiring students to assist in the Tourism office.

The wayfinding sign repair and maintenance line has a favorable variance of $7,300 and is offset by marketing expenditures which exceeded expectations by $9,500 at June 30th. It’s expected these line items will not result in significant variances from budget at year end.

General Expenditures and Revenue

Rental Buildings The unfavorable variance is due to the timing of payment for building insurance costs for the Elora Drill Shed and West Garafraxa office. Insurance costs represent 47% of the total budget for this cost centre.

Taxation and PIL’s Regular taxation revenue is approximately 91% billed as of June 30th as in prior years. Final bills for commercial, industrial, and multi-residential properties are issued in August.

Supplementary taxation revenue shows an unfavorable variance due to timing of supplementary/omit runs. Subsequent to June 30th, $212,000 was collected (101% of the annual budget). This is due to various phases of large subdivisions being assessed by MPAC in 2019 (i.e. Summerfields, and Beatty Hollow).

Net Debt The favorable variance is due to differing repayment terms for each debenture. Variance at the end of the year will be insignificant as each debt related budget line item is based on an amortization schedule for each debenture.

Other Revenue and Expense The favorable variance is due to investment income exceeding expectations.

Page 194 of 201 Report to Council

To: Mayor Linton and Members of Council Report: COR2019-67 Prepared By: Mark Bradey, Financial Manager / Deputy Date: 26 Aug 2019 Treasurer

RE: Capital Projects Status - June 30, 2019

Report: Historically, Financial Services presented to Council an update on the status of capital projects managed by the Township on a semiannual basis. Beginning in 2019 reporting on the status of capital projects is being presented to Council quarterly. A summary for the second quarter of 2019 is provided as Attachment A.

The comments contained in Attachment A were developed through discussions with the Managing Director in charge of each capital project.

Consultation: The preparation for this report was done in consultation with: • Managing Directors Group • Kaileigh Osburn - Financial Analyst - Capital

Attachments: ● Attachment A - Analysis of Capital Projects at June 30, 2019

Approved By: Dan Wilson, Managing Director of Corporate Services / Treasurer Andy Goldie, Chief Administrative Officer

Page 195 of 201 Attachment A Township of Centre Wellington Analysis of Capital Projects As At June 30, 2019

Actual Under/ Project Project Description Budget (Over) Comments # Year Budget Expenditures Revenues Budget

General Government 1 Long-Term Water Strategy Master Plan 2007/09/11/13/17/19 1,470,000 923,720 863,225 546,280 Final approval by council in July 2 Cemetery Management System 2015 40,000 120,610 125,000 (80,610) Public portal active on the Township website/should be completed by Fall 2019 3 Municipal Consent & Road Occupancy Permit Mgmt. Syst. 2015 10,000 - 10,000 10,000 Reviewing options 4 Wayfinding Signage Program - 2015 2015 20,000 14,759 21,750 5,241 Project to be completed by Fall 2019 5 Volunteer Management Policies and Procedures 2016 15,000 13,159 15,000 1,841 Volunteer management software to be implemented in late 2019 6 Transportation Plan 2016/17 230,000 149,761 148,946 80,239 Transportation Plan approved by council in July 7 CityView Software Implementation - Phase II 2016 350,000 305,019 350,000 44,981 Expect program to go live in September 2019 8 Video Surveillance - Sportsplex and Elora Community Centre 2016 80,000 463 80,000 79,537 Waiting for Council policy for implementation 9 Video Surveillance - Various Environmental Sites 2016 80,000 - 80,000 80,000 Waiting for Council policy for implementation 10 By-Law Review and Enforcement Training 2017/19 10,000 15,977 25,055 (5,977) By-law review ongoing - phase 2 of training to be completed in 2019 11 Purchasing By-Law Review '18 2018 10,000 - 10,000 10,000 Project underway - expect completion in 2019 12 MS Office 365 Cloud 15 Users Pilot 2018 10,000 156 10,000 9,844 Currently testing pilot project. To be complete in December 2019 13 MacDonald Trust Administration 2018 - 5,068 5,068 (5,068) Legal costs for developing agreements with MacDonald grant recipients 14 Ontario Cannabis Legalization Fund 2019 - - 20,975 - Provincial grant money received 15 Update Corporate Strategic Action Plan 2019 25,000 24,432 25,000 568 Corporate Strategic Plan approved by council in June. 16 Township Wide Job Evaluation Study 2019 30,000 3,434 30,000 26,566 Study is in progress, to be completed Fall 2019 17 Municipal Building Audit Update 2019 150,000 - 150,000 150,000 RFP development underway 18 Website Form Builder Module 2019 10,000 - 10,000 10,000 Project completed in March 2019 19 Civic Centre/CW Sportsplex KeyScan and Civic Centre Washroom Access 2019 40,000 - 40,000 40,000 Project to be completed by Fall 2019 20 Public Wifi Extend Downtown Cores 2019 10,000 8,444 10,000 1,556 Wifi extended at Victoria Park and ball diamond in Fergus and O'Brien Park in Elora 21 Financial System Review and Implementation 2019 20,000 - 20,000 20,000 Project ongoing in 2019 22 Council Chambers - Audio/Video Battery Replacement 2019 10,000 17,255 30,000 (7,255) Project completed in July 2019 23 Indoor Turf Training Facility Feasibility Study 2019 50,000 - - 50,000 Likely to start project in 2020. Waiting on Sports Alliance group for funding 24 Elora Centre for the Arts Building 2019 100,000 75,124 100,000 24,876 Memorandum of Agreement finalized 25 IT&S Equipment Replacement 2019 177,600 48,972 177,600 128,628 Ongoing in 2019

Total General Government - Municipal Buildings 2,947,600 1,726,353 2,357,619 1,221,247

Fire Services 26 Fire House Software Upgrade 2018 20,000 - - 20,000 Negotiating with vendor, to be implemented 2020 27 Elora Fire Station Renovation/Expansion 2018/19 395,000 15,672 102,750 379,328 Concept design complete - detailed design and construction in 2019 28 Tanker 67 Repair 2018 - 15,513 14,700 (15,513) Repair successfully completed in January 2019 and vehicle put back into service 29 Volunteer Firefighter Recruit Personal Protective Equipment 2019 39,000 40,777 - (1,777) Project completed in July 2019 30 High Angle Redirect Pod 2019 10,000 - 10,000 10,000 Project complete in Summer 2019 31 Deputy Fire Chief Vehicle 2019 50,000 - - 50,000 Project complete in Summer 2019 32 Portable Radio and Chargers 2019 8,000 - 8,000 8,000 Project to be completed by the end of 2019 33 Fire - Vehicle Replacement 2019 550,000 - 550,000 550,000 Ongoing in 2019 34 Fire Equipment Replacement 2019 91,100 39,906 91,100 51,194 Ongoing in 2019 35 Municipal FD Training Officer Vehicle Replacement 2019 40,000 - 40,000 40,000 Ongoing in 2019 - Total Fire Services 1,203,100 111,868 816,550 1,091,232

Transportation and Public Works

Integrated Capital Projects

36 Rds: St David St N - St Andrew St to Garafraxa St 2013 - 11,471 - (11,471) WW: St David St N - St Andrew St to Garafraxa St 2011 70,000 26,850 70,000 43,150 SS: St David St N - St Andrew St to Garafraxa St 2011 130,000 41,424 130,000 88,576 200,000 79,745 200,000 120,255 Project on hold - unsuccessful for Connecting Links 2018 grant application Page 196 of 201 Township of Centre Wellington Analysis of Capital Projects As At June 30, 2019

Actual Under/ Project Project Description Budget (Over) Comments # Year Budget Expenditures Revenues Budget

37 Rds: St David St - Bridge St to St Andrew St 2012 540,000 1,006,930 689,000 (466,930) WW: St David St - Bridge St to St Andrew St 2017 230,000 588,206 573,000 (358,206) SS: St David St - Bridge St to St Andrew St 2017 50,000 79,859 79,000 (29,859) St David St Bridge - Highway #6 (2-F) 2016/17 3,211,200 3,197,655 3,163,894 13,545 4,031,200 4,872,650 4,504,894 (841,450) Project substantially complete - some outstanding utility work to be completed

38 WW: Hwy6 Trunk Wtr Main:SR18 - Bonaire 2013/19 545,000 10,097 510,000 534,903 SS: Hwy6 Trunk Wtr Main:SR18 - Bonaire 2013/19 1,370,000 30,473 1,485,000 1,339,527 1,915,000 40,570 1,995,000 1,874,430 Waiting on MTO approval to proceed with project

39 Rds: Price St - Mill St to Church St 2014/15 550,000 436,569 518,890 113,431 WW: Price St - Mill St to Church St 2014/15/16 175,000 141,857 175,000 33,143 SS: Price St - Mill St to Church St 2014/15/16 85,000 65,515 85,000 19,485 810,000 643,941 778,890 166,059 Substantially complete

40 Rds: Princess St (Elora) - Church St to Grand River 2017 20,000 33,547 20,000 (13,547) WW: Princess St (Elora) - Church St to Grand River 2017 115,000 13,741 15,000 101,259 SS: Princess St (Elora) - Church St to Grand River 2017 15,000 11,847 15,000 3,153 150,000 59,135 50,000 90,865 Project deferred to 2020 budget

41 Rds: Wellington Dr - Cuthbert St to Cuthbert St 2017 - 14,181 85,000 (14,181) WW: Wellington Dr - Cuthbert St to Cuthbert St 2017/19 610,000 30,774 610,000 579,226 610,000 44,955 695,000 565,045 Project to be tendered in 2020

42 Rds: Churchill Crescent 2016 1,385,000 1,089,340 1,325,779 295,660 WW: Churchill Crescent 2016 360,000 423,327 448,600 (63,327) SS: Churchill Crescent 2016 385,000 325,965 337,200 59,035 2,130,000 1,838,632 2,111,579 291,368 Project substantially complete - surface asphalt in 2019

43 Rds: West Mill St 2016/17 2,465,698 1,344,958 1,312,758 1,120,740 WW: West Mill St 2016/17 - 228,725 282,520 (228,725) SS: West Mill St 2016/17 - 150,557 194,960 (150,557) RDS-West Mill - Victoria St Pedestrian Bridge 2018 295,000 1,683,531 2,129,980 (1,388,531) 2,760,698 3,407,771 3,920,218 (647,073) Surface asphalt complete. Pedestrian bridge expected completion summer 2019

44 Rds: Tom St - St Andrew St to Garafraxa St 2017 1,075,000 890,269 1,073,800 184,731 Rds: St Andrew St - Gartshore St to Tom St 2017 1,137,000 718,039 849,097 418,961 Rds: St Andrew St E - Tom St to Lamond St 2017 961,000 838,844 946,700 122,156 Rds: Sidewalk: Garafraxa-Gartshore 2018 185,000 1,544 26,160 183,456 Rds: Sidewalk: Garafraxa-Front 2018 62,000 262 - 61,738 Rds: Sidewalk: Gartshore: Garafraxa Trail 2018 80,000 16,241 80,000 63,759 Rds: Sidewalk Gartshore Ph1 Trail 2018 43,700 - - 43,700 WW: Tom St - St Andrew St to Garafraxa St 2017 420,000 191,771 420,000 228,229 WW: St Andrew St - Gartshore St to Tom St 2017 390,000 265,690 390,000 124,310 SS: Tom St - St Andrew St to Garafraxa St 2017 867,000 508,527 867,000 358,473 SS: St Andrew St - Gartshore St to Tom St 2017 1,335,000 769,744 1,335,000 565,256 SS: Garafraxa - Tom St Sanitary Extension 2018 350,000 116,419 350,000 233,581 6,905,700 4,317,350 6,337,757 2,588,350 Tom and St Andrew substantially completed in 2018. Boulevard restoration in summer 2019.

45 Rds: James St: Churchill to Forfar 2018 190,000 141,518 204,100 48,482 WW: James St: Churchill to Forfar 2018 50,000 42,065 48,330 7,935 SS: James St: Churchill to Forfar 2018 50,000 23,483 29,700 26,517

Page 197 of 201 290,000 207,066 282,130 82,934 Project substantially complete - surface asphalt in 2019 Township of Centre Wellington Analysis of Capital Projects As At June 30, 2019

Actual Under/ Project Project Description Budget (Over) Comments # Year Budget Expenditures Revenues Budget

46 Rds: Cuthbert St - Wellington Dr to Wellington Dr 2017 50,000 2,856 50,000 47,144 WW: Cuthbert St - Wellington Dr to Wellington Dr 2017 155,000 16,401 155,000 138,599 205,000 19,257 205,000 185,743 Project to be tendered in 2020

47 Rds: High St - McNab to York 2019 880,000 117,568 755,780 762,432 Rds: Waterloo St - Nichol to York 2019 380,000 - 380,000 380,000 Rds: York St - Waterloo to Victoria 2019 1,470,000 40,077 1,136,691 1,429,923 Rds: WR 7 and York St Turning Lane 2019 100,000 2,183 115,048 97,817 WW: High St - McNab to York 2019 170,000 6,433 104,094 163,567 WW: Waterloo St - Nichol to York 2019 110,000 - 110,000 110,000 WW: York St - Waterloo to Victoria 2019 340,000 5,341 240,274 334,659 SS: High St - McNab to York 2019 80,000 47,732 59,077 32,268 SS: Waterloo St - Nichol to York 2019 70,000 - 70,000 70,000 SS: York St - Waterloo to Victoria 2019 35,000 1,204 15,431 33,796 3,635,000 220,538 2,986,395 3,414,462 Tender awarded - construction underway - project to be completed in 2019

48 WW: Salem Bridge, WR 18 and James St Watermain 2019 1,120,000 27,188 112,000 1,092,812 SS: LPS Forcemain Temporary Relocation for Salem Bridge Project 2019 210,000 10,680 210,000 199,320 1,330,000 37,868 322,000 1,292,132 Tender awarded in April 2019 - construction underway, completion in 2019

49 WW: Prior Year Closed Capital Projects 2019 - - - - SS: Prior Year Closed Capital Projects 2019 - 1,857 1,857 (1,857) Tax Supported: Prior Year Closed Capital Projects 2019 - 43,229 43,229 (43,229) - 45,086 45,086 (45,086) Ongoing in 2019

Roads Capital Projects

50 Gregson Ct. Storm Water Management 2006/10/15/17/19 380,000 184,534 543,268 195,466 Tender awarded in April 2019 - project to be completed in Fall 2019 51 3rd Line - Carroll Creek Bridge (24-P) 2008/09 70,000 94,871 135,230 (24,871) EA completed, design underway - project scheduled for 2020 52 Tower St S - Right Hand Turn Lane Improv. at Bridge St 2013/16 290,000 43,573 327,610 246,427 MTO approval received - construction planned in 2019 53 Bridge and Culvert Structure Inspection 2014/16 270,000 179,012 270,000 90,988 2018 inspections complete - reviewing report and recommendations 54 Wightman Telecom - Municipal Access 2014 - 300,282 400,000 (300,282) Fibre installation substantially completed 55 Fergus Streetlight LED Retrofit 2015 600,000 649,081 649,081 (49,081) To be tendered in Fall 2019 56 Elora Streetlight LED Retrofit 2015 276,000 289,593 289,593 (13,593) To be tendered in Fall 2019 57 Rural Streetlight LED Retrofit 2015 76,000 92,141 80,646 (16,141) To be tendered in Fall 2019 58 Summerfields - Phase II - Gartshore St. Reconstruction 2016/17 386,700 336,223 360,108 50,477 Project completed - to be closed in 2019 59 Swan Creek - Storm Outlet 2016 - 30,005 30,005 (30,005) Design completed - to be closed in 2019 60 Fourth Line Bridge (10-P) 2017/19 1,220,000 103,859 60,379 1,116,141 Contract awarded - Construction underway, completion in 2019 61 Connecting Link Traffic Signal Timing Synchronization 2017 60,000 1,195 60,000 58,805 To be installed in Fall 2019 62 Rural Road Rebuild 2018/19 295,000 159,025 319,025 135,975 Completed in Summer 2019 63 St. Andrew St. Sidewalk Replacement 2018 35,000 - 35,000 35,000 Project substantially complete - Township contribution to County project 64 Redside Dace Monitoring Program Implementation 2018/19 88,000 55,787 88,000 32,213 Project ongoing 65 Fifth Line Bridge 4E 2019 400,000 - - 400,000 Deck condition survey complete, reviewing report recommendations 66 Bridge Repairs & Remediation 2018 100,000 410 410 99,590 Contract awarded, repairs to be completed Summer/Fall 2019 67 Victoria St Pedestrian Bridge - Repointing and Bridge Lighting 2019 350,000 - - 350,000 Coordinating pier repointing with County Badley Bridge project 68 Pre-Engineering - Bridges 2019 100,000 5,585 5,585 94,415 Design and approvals underway 69 Eramosa/WG Townline - WR 29 to Third Line WG Paving 2019 300,000 21,130 69,530 278,870 Project substantially complete 70 Sidewalk Condition Survey and Replacement 2019 90,000 - 90,000 90,000 Contract awarded - project to be completed Fall 2019 71 Pavement Management 2019 275,000 44,456 224,500 230,544 Project complete 72 Gordon St and St David St Intersection Signalization 2019 850,000 17,138 - 832,862 Project underway - to be completed in Fall 2019 73 Downtown Fergus Streetlight Electrical Repairs 2019 60,000 - 60,000 60,000 Project to be completed in Fall 2019 74 Wellington Dr On-Street Parking, Sidewalk and Storm Sewer 2019 380,000 - 380,000 380,000 Project to be tendered in 2020 75 Sidewalk and Storm Sewer: Woodhill Dr to 875 St David St N 2019 150,000 - 123,900 150,000 Project underway - to be completed in Fall 2019 Page 198 of 201 76 Walkway from Barker St to Atchison Lane Paving 2019 75,000 - 75,000 75,000 Project to be completed in Fall 2019 77 Beatty Line and Millage Lane Intersection Improvement 2019 810,000 13,293 - 796,707 Project subject to developer contribution - construction in 2020 78 Eramosa/WG Townline - Sixth Line to WR 26 - Rebuild 2019 275,000 5,291 85,091 269,709 Construction underway - Project to be completed in 2019 79 Rural Road Upgrades 2019 415,000 454,746 415,000 (39,746) Construction underway - Project to be completed in 2019 80 Carlton Place Pre-Engineering 2018 - 58,947 58,947 (58,947) Project on hold Township of Centre Wellington Analysis of Capital Projects As At June 30, 2019

Actual Under/ Project Project Description Budget (Over) Comments # Year Budget Expenditures Revenues Budget

Water Capital Projects

81 Fergus Well F7 Filtration 2009/19 1,640,000 155,291 1,265,600 1,484,709 Treatment design underway - construction planned for 2020 82 Bulk Water Fill Station 2014 80,000 8,805 80,000 71,195 Reviewing options 83 Well Highlift Pumps - Variable Frequency Drive Controllers 2015/16/17/19 85,000 71,362 85,000 13,638 Project to be completed in 2019 84 Source Protection Assessments 2015/17 35,000 29,869 35,000 5,131 Ongoing in 2019 85 Well F2 - GUDI Assessment 2017 40,000 - 40,000 40,000 To be coordinated with the water supply master plan 86 Fergus Well #1 Treatment 2017 230,000 130,060 230,000 99,940 Project completed - to be closed in 2019 87 Fergus Well F1 Chlorine Room Relocation 2018 140,000 - 140,000 140,000 Treatment design underway - construction planned for 2020 88 Replace Watermain on WR7 from 105m North of Ross St to WR21 2019 85,000 - - 85,000 Construction planned for Fall 2019 to be coordinated with development servicing 89 Water Taking Permit/License Renewal 2019 150,000 - 150,000 150,000 Supporting technical work in 2019 90 Well F5 Chlorine Monitor Installation 2019 25,000 - 25,000 25,000 Project to be closed - no longer required 91 Long-Term Water Supply Strategy Implementation - Phase 1 2019 750,000 - - 750,000 Project to commence in Fall 2019 92 Monitoring Well MW2A-11 Replacement 2019 50,000 - 50,000 50,000 Reviewing options 93 Water Supply Well Rehabilitation 2019 100,000 - 100,000 100,000 To be completed in 2019 94 SCADA Updates and e.RIS Support Services 2019 30,000 - 30,000 30,000 To be completed in 2019 95 WW: Vehicle Replacement 2019 62,000 33,055 70,000 28,945 Ongoing in 2019 96 WW: Equipment Replacement 2019 23,400 1,618 23,400 21,782 Ongoing in 2019

Sewer Capital Projects

97 Wastewater Master Plan 2013 120,000 40,607 40,607 79,393 Ongoing in 2019 98 Fergus WWTP Digester Roof Alternatives 2018 50,000 3,143 50,000 46,857 Review of alternatives complete - design in Fall 2019, construction in 2020 99 Fergus WWTP UV Building Backup Power 2018 40,000 - 40,000 40,000 Project to be closed/cancelled 100 Inflow and Infiltration Study 2018/19 122,000 55,589 122,000 66,411 Fergus sewer system completed in 2018. Elora sewer system to be completed in 2019 101 495 Union St - Designated Substances Removal 2019 20,000 - 20,000 20,000 Project to be completed in Fall 2019 102 Fergus WWTP - Digester Roof Replacement 2019 2,000,000 14,145 2,000,000 1,985,855 Review of alternatives complete - design in Fall 2019, construction in 2020 103 Elora WWTP Pump Lift 2019 10,000 - 10,000 10,000 Project to be completed in 2019 104 LPS Grinder Pumps and LPS Alarm Panel Upgrades 2019 35,000 61,026 35,000 (26,026) Ongoing in 2019 105 Emergency - Fergus WWTP - Primary Digester Cleaning 2019 - 101,358 - (101,358) Clean out complete, digester back in service 106 SS: Vehicle Replacement 2019 35,000 - 35,000 35,000 Ongoing in 2019 107 SS: Equipment Replacement 2019 117,500 - 117,500 117,500 Ongoing in 2019 108 SS: LPSS Grinder Pump Purchases 2019 35,000 - - 35,000 Ongoing in 2019

Storm Drainage Capital Projects

109 Trunk Storm - Moir St. to the Gorge 2017 163,400 66,059 163,400 97,341 Class EA underway 110 Swan Creek Storm Outlet Relocate 2018 425,000 9,429 119,100 415,571 Tender closed - construction to be completed in Fall 2019 111 Drainage Area D5 Flood Protection Facility 2018 70,000 71,251 70,000 (1,251) Project completed - to be closed in 2019 112 Catch Basin Rebuilds 2018 40,000 - 40,000 40,000 To be completed in 2019

Other Public Works Capital Projects

113 Corporate Operations Facilities 2012 100,000 38,731 84,600 61,269 RFP awarded - report to council in Fall 2019 114 Little Folks - Pre-Engineering Costs 2013 - 91,596 91,596 (91,596) Ongoing in 2019 115 Chipper 2018/19 50,000 - - 50,000 Additional funding in 2019 budget - to be purchased in 2019 116 Pre-Engineering & Approvals - Future Projects 2019 100,000 57,710 100,000 42,290 Ongoing in 2019 117 Pedestrian Audibles - Gordon St and Gzowski St 2019 - - 10,000 - Scheduled for installation in 2019 118 Gravel Road Management Strategy 2019 - - 20,000 - To be completed in Spring 2020 119 PW: Vehicle Replacement 2019 441,000 33,055 495,000 407,945 Ongoing in 2019 120 PW: Equipment Replacement 2019 141,600 - 141,600 141,600 Ongoing in 2019

Page 199 of 201 Total Transportation & Public Works 41,290,198 20,048,500 35,799,260 21,241,698 Township of Centre Wellington Analysis of Capital Projects As At June 30, 2019

Actual Under/ Project Project Description Budget (Over) Comments # Year Budget Expenditures Revenues Budget

Health Services 121 Belsyde Cemetery - Casket Lot Foundations 2017 45,000 - 45,000 45,000 Project planned for Spring 2020 122 Elora Cemetery - Columbarium Area Concept Plan 2017 10,000 8,290 10,000 1,710 Concept plan completed - to be closed in 2019 123 Elora Cemetery - Columbarium Area - Phase I 2019 90,000 3,751 90,000 86,249 Construction in Fall 2019 124 Elora Cemetery - Cremation Monument Foundations 2019 30,000 - 30,000 30,000 Construction in Fall 2019 125 Belsyde Cemetery - Fence, Benches, Garbage Cans 2019 30,000 - 30,000 30,000 To be installed/purchased in 2019

Total Health Services 205,000 12,041 205,000 192,959

Parks & Recreation

Facilities 126 Sportsplex - Emergency Plan Generator 2013/14/16 730,000 603,146 603,146 126,854 Project complete 127 Announcement System - CWCS 2015 25,000 6,842 25,000 18,158 Timing to coordinate with new phone system in 2020 128 Sportsplex Maintenance Building Insulation, Plumbing & Heating 2017 200,000 6,461 200,000 193,539 Project is ongoing - to be completed in 2020 129 Sportsplex Pad B Roof Beam Painting 2018 65,000 - 65,000 65,000 Tender awarded - project to be completed Summer 2019 130 CWCS Power Factor Correction Installation and Control Integration 2019 35,000 33,165 35,000 1,835 Project complete 131 Sportsplex Grounds Survey 2019 15,000 - 15,000 15,000 To be completed in Fall 2019 132 Announcement System - ECC 2016 20,000 - 20,000 20,000 Timing to coordinate with new phone system in 2020 133 Skateboard Area 2016 175,000 45,200 294,678 129,800 To be completed by end of Summer 2019 134 ECC/Belwood Hall Concept Design for Accessibility 2019 100,000 - 100,000 100,000 RFP to be completed in Fall 2019 135 CW Community Foundation Endowment Fund 2019 - 392,509 392,509 (392,509) Funds advanced to CWCF as per terms of agreement (Jack MacDonald funds) 136 ECFTA - Accessible Washroom and Building Improvements 35,000 35,000 (35,000) Funds advanced to ECFTA as per terms of agreement (Jack MacDonald funds) 137 VPSC - Expansion Fundraising 2015 - 69,516 69,516 (69,516) Project closed 138 VPSC Roof Reengineering and Construction 2017/19 90,000 2,035 90,960 87,965 Project to be completed Fall 2019 139 VPSC Internal Water Damage Repairs 2018 - - 78,658 - Insurance funds received in 2018 - project to commence once roof completed

Parks 140 Bissell Park Accessible Washrooms 07/09/11/14/15 317,500 446,175 475,910 (128,675) Funding repurposed for Bissell park multi-pad improvements 141 Irrigated Soccer Fields 2012 25,000 3,776 4,150 21,224 Working on concept plans for various lands 142 Victoria Park (Elora) - Phase II Implementation 2014 312,000 177,540 271,000 134,460 Remaining funds for Victoria Park improvements (gardens & stairs) 143 Park Identification - All Parks 2014/15/16/17 40,000 9,105 40,000 30,895 Branding established - signs to be purchased and installed in 2019 144 Dog Park Fundraising - Fergus 2015 - 2,843 3,426 (2,843) Fundraising ongoing by dog park committee 145 Update Parks, Recreation & Culture Master Plan 2017 85,000 82,909 81,225 2,091 Plan approved by council in July 146 Veteran's Park (Salem) 2017 15,000 2,748 15,000 12,252 Retaining wall repairs are required prior to remaining project work completion 147 Forfar Park - Convert to Soccer Fields & Parking Lot Expansion 2017 105,000 115,316 105,000 (10,316) Project complete 148 Bissell Park - Upgrade Multi-Purpose Pad 2017 - - 2,500 - Funding received in 2017 from Elora Rockers to upgrade multi-purpose pad 149 Victoria Park (Elora) - RTO4 Partnership 2018 - 3,460 16,000 (3,460) Ongoing in 2019 150 Urban Forestry 2014/15/16/17/19 560,000 469,269 693,200 90,731 Ongoing in 2019 151 Gibbons Drive Park Trail and Play Structure 2016 75,000 - 65,800 75,000 Tender awarded - will be complete in Summer 2019 152 Trails & Sidewalk Enhancements 2016/17/19 190,000 128,828 219,500 61,172 Ongoing in 2019

Other 153 Barrier Free Path of Travel in Community Service Buildings 2017/19 265,000 28,806 265,000 236,194 Planned universal washroom at Sportsplex in 2019 - project is ongoing 154 Southridge Development Park - Washroom Building 2018/19 200,000 - 20,000 200,000 Reviewing options - completion expected in 2020 155 Tye Park Sewer Lateral Repair/Replace 2018 40,000 28,442 40,000 11,558 Project complete 156 Turf Comb 2018 15,000 - 8,250 15,000 Equipment to be purchased in 2019 157 Forfar Park - Washroom Building 2018 - 17,482 17,434 (17,482) Project complete 158 3 in 1 Cleaning Machine 2019 7,000 - 7,000 7,000 To be purchased in 2019 159 Sorbara Storybrook Development - Phase I - Parking Lot & Landscaping 2019 150,000 - 15,000 150,000 Project deferred by developer to 2020 160 O'Brien Park Washrooms 2019 60,000 - 60,000 60,000 RFP to be issued in August 161 Tait Park - Landscaping and Trail (Fergus) 2019 30,000 - 4,100 30,000 Tender awarded - will be complete in Summer 2019 162 Revell Park - Play Equipment 2019 60,000 - 6,000 60,000 Tender awarded - will be complete in Summer 2019

Page 200 of 201 163 60" Mower 2019 35,000 - 3,500 35,000 Mower has been purchased 164 Vehicle Replacement 2019 85,000 - 85,000 85,000 Ongoing in 2019 165 Facilities - Equipment Replacement 2019 274,450 49,304 274,450 225,146 Ongoing in 2019 166 Parks - Equipment Replacement 2019 486,300 2,836 486,300 483,464 Ongoing in 2019

Total Parks & Recreation 4,887,250 2,762,713 5,309,212 2,124,537 Township of Centre Wellington Analysis of Capital Projects As At June 30, 2019

Actual Under/ Project Project Description Budget (Over) Comments # Year Budget Expenditures Revenues Budget

Planning & Development 167 Official Plan Review 2009 150,000 16,423 59,750 133,577 Collaborating with the County - Township's plan is dependant on County's timetable 168 Growth Management Strategy 2012/13/14/17 225,000 184,252 188,300 40,748 Waiting on Province to finalize growth plan so we can finalize Township's plan 169 Development Standards Manual 2017 - 22,387 25,000 (22,387) Draft development standards received, staff currently reviewing 170 South Fergus Secondary Plan 2018 375,000 - - 375,000 Discussions underway with land owners concerning financial contributions to the project 171 Economic Development Action Plan 2018 70,000 67,289 65,363 2,711 Strategy portion of project is complete, implementation plan pending 172 Main Street Revitalization Projects 2018 - 22,555 22,555 (22,555) Provincial grant received - project underway 173 Building Permit and Development Fee Review Study 2019 50,000 5,000 50,000 RFP currently being prepared 174 Urban Design Guidelines 2012/15 40,000 27,549 40,000 12,451 Draft development standards received, staff currently reviewing 175 Rural & Cultural Heritage Landscape Registry 2018/19 75,000 - 41,250 75,000 RFP awarded in March 2019 - To be completed in 2019

Total Planning & Development 985,000 340,455 447,218 644,545

Building Department 176 Bldg - Vehicle Replacement 2019 34,000 28,500 37,765 5,500 Ongoing in 2019

Total Building Department 34,000 28,500 37,765 5,500

Total - Capital Projects 51,552,148 25,030,430 44,972,624 26,521,718 Page 201 of