Committee of the Whole - 28 Sep 2021 - Agenda - Pdf

Township of Drummond/North Elmsley, Committee of the Whole Agenda Package, September 28, 2021

Township of Drummond/North Elmsley

#18 Committee of the Whole – Chair, John Matheson

September 28, 2021 following Council - Council Chambers

Agenda Please contact the Deputy Clerk at 613-267-6500 if you would like to attend the meeting in person.

PLEASE NOTE: Meetings of Council and the Committee of the Whole are open to the public however they are not a public forum. Members of the public are welcome to attend and your interest is appreciated, however due to time constraints, we request that individuals or groups wishing to appear before Council or the Committee at a regular meeting shall advise the Clerk not later than 2:00 p.m. on the Thursday prior to the meeting as per By-law No. 2017-056

Page

1. Call to Order – Following the Council Meeting

2. Disclosure of Pecuniary Interest

3. Minutes of Previous Meeting 3.1 Regular Minutes of September 14, 2021 3 - 6

4. Approval of Agenda

5. Petitions/Delegations 5.1 Poole Family Nature Sanctuary - Request to widen road shoulder to

accommodate parallel parking - Cathy Keddy

7 - 9

6. Communication/Correspondence 6.1 Communication List 10

7. Committee and Board Reports

7.1 Community Development a) Report of the Planner - Zoning Amendment for Pinewood

Memorial Forest Trail

11 - 14

7.2 Public Works a) Report of the Public Works Manager - Blacksmith Wheel Stone 15 - 17

7.3 Corporate Services a) Report of the Clerk Administrator - Annual Accessibility Update 18 - 20

b) Report of the Clerk Administrator - McIIvenna Easement

Agreement

21 - 28

Page 1 of 32

Township of Drummond/North Elmsley, Committee of the Whole Agenda Package, September 28, 2021

c) Report of the Clerk Administrator - Road Closure Unnamed Street Innisville

29 - 32

7.4 Community Services

7.5 Clerk/Members of Council (presented at the meeting) a) Report of the Reeve

b) Report from Fire Board

c) Report from Library Board

d) Report for CA's

e) Reports from Members of Committee

8. Closed Session 8.1 Potential Litigation - Solicitor Advice Interpretation of Official Plan

9. Unfinished Business

10. New Business 10.1 Landfill Hiring

10.2 Ferguson's Falls Community Hall Redevelopment

11. Adjournment

Page 2 of 32

Township of Drummond/North Elmsley – Committee of the Whole Minutes, September 14, 2021 Page 1 of 4

#17 Minutes

Meeting of September 14, 2021 Committee of The Whole

The Committee of the Whole met on Tuesday, September 17, 2021 at the Township of Drummond/North Elmsley Administrative Building, 310 Port Elmsley Rd. Members Present: Steve Fournier Reeve Ray Scissons Deputy Reeve John Matheson Councillor Paul Coutts Councillor Absent: Paul Kehoe Councillor Staff Present: Cindy Halcrow Clerk Administrator Cathy Ryder Deputy Clerk Peter Echlin Chief Building Official Brady McGlade Planner

1. Call to Order

The meeting was called to order at 5:06 p.m. A quorum was present.

2. Disclosure of Pecuniary Interest The Chair invited members wishing to disclose a pecuniary interest to do so now. No members declared a pecuniary interest.

3. Minutes of Previous Meetings 3.1. Regular Session Minutes of August 24, 2021

MOTION #COW-21-154 (Verbal)

MOVED BY: Ray Scissons SECONDED BY: Steve Fourier THAT the Committee of the Whole approves the minutes of the regular Committee of the Whole meeting held on August 24, 2021 as circulated.

ADOPTED 4. Approval of Agenda

MOTION #COW-21-155 (Verbal) MOVED BY: Steve Fournier SECONDED BY: Ray Scissons THAT the Committee of the Whole approves the agenda for the September 14, 2021 meeting of the Committee of the Whole, as presented.

ADOPTED

Agenda Item # 3. 3.1

Regular Minutes of September 14, 2021Page 3 of 32


5. Petitions/Delegations/Public Hearings

5.1. Road Closing Request – 114 Bay Street, Innisville North, S. Clifton Shelley Clifton appeared before Council with a request that the portion of the unopened road allowance known municipally as 114 Bay Street, lnnisville be closed and the title be transferred to the Estate of Elsie Kilfoyle in order to complete the Agreement of purchase and sale between the Estate and Bob Green. Since approximately 1962, Sean McGirl and before him his father, have been paying property taxes and maintaining the said property on behalf of the Estate. A title search revealed that the Township is the owner of the property.

The Clerk Administrator provided a brief overview of the road closing process. A staff report will be brought forward at the next CoW meeting.

5.2. Otty Woods Subdivision Dock Expansion – Rob Saikaley R. Saikaley appeared before Council with a request to amend the site plan agreement for the Otty Woods Subdivision to expand the docks to allow the 27 lot owners to moor a boat. Currently the site plan allows for a boat to be moored to only 50% of the dock and there is no overnight mooring which is impractical. He is suggesting a floating dock like Maple Glen Estates but smaller in size with either a 2 or 3 dock concept. The Planner reported that the site plan can be amended and he will bring a staff report forward to a future CoW meeting.

6. Communication/Correspondence

No items were pulled from the Communication package although the following item was discussed before the motion was adopted: #1 Chamber of Commerce – Annual Business Awards of Excellence Event There was discussion on possible attendance by Council members. The Deputy Clerk will contact them regarding current attendance levels and sponsorship opportunities. MOTION #COW-21-156 (Verbal) MOVED BY: Ray Scissons SECONDED BY: Paul Coutts

THAT THE COMMITTEE OF THE WHOLE receives the remainder of the communication items for the September 14, 2021 Committee of the Whole as information.

ADOPTED

7. Committee and Board Reports

7.1. Community Development: None

7.2. Public Works: None

7.3. Corporate Services a) Report of the Clerk Administrator – National Day for Truth and

Reconciliation The Clerk Administrator reviewed the newly created federal holiday called National Day for Truth and Reconciliation to be held annually on September 30, 2021.




Council officially recognized September 30th as the National Day for Truth and Reconciliation to recognize and commemorate the legacy of residential schools It was also noted that the Township’s Employment By-law provides for a statutory holiday proclaimed by the Federal Government and Township staff will be entitled to September 30th as a paid statutory holiday.

MOTION #COW-21-157 (Verbal)

MOVED BY: Steve Fournier SECONDED BY: Paul Coutts

THE COMMITTEE OF THE WHOLE RECOMMENDS TO COUNCIL, THAT Council supports September 30th as the National Day for Truth and Reconciliation.

ADOPTED

7.4. Community Services: None

7.5. Clerk/Members of Council a) Report of Reeve Sept. 10 – attended Ferguson’s Fall Hall Redevelopment Committee meeting Sept. 13 – attended Pinewood Memorial Trail Committee meeting

b) Report from Fire Board

c) Report from the Library Board, John Matheson, September 13, 2021 2022 Budget discussions have started.

d) Report from CA’s: None

e) Report from Members of Committee: None

8. Closed Session: None

9. Unfinished Business: None 10. New Business

10.1. Scouts Request for Tree Planting The Clerk Administrator reviewed a request from the Scouts to purchase 10,000 trees and they will reimburse the Township. The trees will be planted on the Boldrick property. The Township would purchase 15,000 trees from Lanark County and will be reimbursed for 13,000. . MOTION #COW-21-156 (Verbal) MOVED BY: Steve Fournier SECONDED BY: Ray Scissons

THE COMMITTEE OF THE WHOLE RECOMMENDS TO COUNCIL,




THAT Council approves purchasing 10,000 trees from Lanark County on behalf of the Scouts.

ADOPTED

11. Adjournment MOTION #COW-21-157 (Verbal) MOVED BY: Steve Fournier SECONDED BY: Ray Scissons THAT the Committee of the Whole stand adjourned at 5:32 p.m.

ADOPTED

______________________________ ______________________________ CHAIR CLERK ADMINISTRATOR



10970 Hwy 7, Carleton Place, ON, K7C 3P1 TEL. 613-253-2722 [email protected] www.mmlt.ca

September 17, 2021

Parking for Poole Family Nature Sanctuary

Request: Approval from Council to widen road shoulder along north side Drummond Con 11 to accommodate safe parking and pedestrian access at Poole Family Nature Sanctuary, 318 Con 11.

Background:

The Poole Family Nature Sanctuary, at 318 Drummond Con 11, is a 110 ac. property owned by the Mississippi Madawaska Land Trust. The property has a 1.5km interpreted nature trail that is open to the public.

The road shoulder is currently too narrow to accommodate safe parking for the Sanctuary. MMLT is asking Council to approve widening the shoulder to accommodate parallel parking for 5 vehicles and slightly widening the shoulder to allow pedestrians to walk safely from their vehicles to the Sanctuary entrance. Roadside parking is permitted by Township by-laws.

Scott Cameron visited the site June 3, 2021 to discuss this road shoulder widening project with MMLT and indicated that he felt it was a sound proposal.

Details: -road is straight with good visibility well over 100m in both directions (photos 1, 2)-road shoulder is currently 1.2m wide-widen shoulder by 2.5m along a 36m section of road that extends from 9.5m west of mailbox 305to 20m east of mailbox 317 (photo 3)

-lay perforated drainage pipe with sock beneath length of ditch filled with gravel for parking toensure good drainage


Poole Family Nature Sanctuary - Request to widen road shoulder to accomm...Page 7 of 32

mailto:[email protected]

http://www.mmlt.ca/


-5 parallel parking spaces created according to Township by-law No. 2012-060 (2.75m wide by 6.7m long)

-slightly widen shoulder by 0.5m along a 23m section of road for walking from parking area to property entrance

These construction specifications have also been discussed with Scott Cameron. Should you have further questions, please contact Cathy Keddy, property manager (613-257-3089/ [email protected]). Thank you for your consideration. Sincerely, Cathy Keddy Director

1- Visibility from proposed parking area looking west, Drummond Con 11




http://www.mmlt.ca/

mailto:613-257-3089/%[email protected]

mailto:613-257-3089/%[email protected]


2- Visibility from proposed parking area looking east, Drummond Con 11

3- Proposed widening of road shoulder for parking and walking, N side Drummond Con 11




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Communication ListPage 10 of 32

Township of DrummondlNorth ElmsleyCommittee of the Whole

Report By Brady McG|ade, Planner

Date September 28, 2021

Report Title Zoning Amendment for Pinewood Memorial Forest Trail

1. Staff Recommendation: Resolution Direction E InformationThat the Committee of the Whole direct Staff to begin the zoning amendment process, to rezonethe South Part Lot 16, Concession 5, owned by the Township to allow for proposed future walkingtrail.

2. Purpose:Staff seek Council direction to begin the zoning amendment process. Staff propose that thezoning of the property should be amended from ‘Rural’ to ‘Open Space.‘ The Public Park use is apermitted use in the Open Space zone. A Public Park is not a permitted use in the Rural Zone.

3. Background:Township Council has formed the Pinewood Memorial Forest Trail Committee. During the TrailCommittee Meeting, members concluded that a zoning amendment would be necessary to allowfor the public park within the property. The zoning amendment willfollow the zoning amendmentprocess, as per the Planning Act, and will be circulated to all property owners within 120 metresof the property. Given that it is a Township owned property, it is also recommended that thezoning amendment notice be advertised in the newspaper.

4. Discussion:Many grant programs offered by the Provincial and Federal Governments require projects to be“shovel ready.” Completing the zoning amendment now willallow the Township to be one stepcloser to being “shovel ready.“ The Open Space zone allows for the use of Public Parks, whichwithin the defition includes playgrounds, swimming pool, arena, playfield, or similar use. TheOpen Space Zone should allow the Township to have flexibility in potential options for theproperty. Removing the Rural zoning of the property will remove the ability to develop a singledetached residential property. Given that the property is intended to act as a buffer for the landfill,this is not considered to be a concern.

5. Options:

1) Direct Staff to commence zoning amendment process for Pinewood Memorial Forestproperty. (Recommended)

2) Direct Staff to not commence zoning amendment process for Pinewood Memorial Forestproperty. (Not Recommended)

Page 1 of 2

Agenda Item # 7.1 a)

Report of the Planner - Zoning Amendment for Pinewood Memorial Forest Tr...Page 11 of 32

6. Financial Implications:

Any costs associated with the zoning amendment will be borne by the Township. This will includeStaff hours, advertising and mailing. With any zoning amendment, there is also the potential of anappeal to the Ontario Land Tribunal.

7. Link to Township Plans: (Strategic Plan, Asset Management, Council Priorities, etc.)

N/A

8. Summary

Staff seek Council direction to begin the zoning amendment process. Staff propose that thezoning of the property should be amended from ‘Rural’ to ‘Open Space’.

9. Attachments:

- Property map

Prepared By Approved ByBrady McGlade, Planner Cindy Halcrow, Clerk Administrator

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Page 2 of 2



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Report By Scott Cameron, Manager of Public Works


Report Title Accept Donation of Blacksmith Wheel Stone

1. Staff Recommendation: Resolution E Direction Information

THAT the Council of the Township of DrummondlNorth Elmsley accepts the donation of aB|acksmith’s Wheel Stone from Mr. George Wood, and

THAT the Council of the Township of DrummondlNorth Elmsley approve the location of theBlacksmith Wheel Stone be within the Rideau Ferry area from where the stone originated.

2 Purpose:Topreserve the history of Blacksmith Wheel Stone by displaying itwhere tourists and residentscan see and read about how the stone was used.

3. Background:Mr. Wood contacted Councilor Scissions to see if Drummond North Elmsley Council would beinterested in receiving the stone by donation to be displayed in an appropriate location withininthe Rideau Ferry area from where it originated. Councilor Scissions and staff travelled to his farmnear Lombardy Ont. to inspect the stone and determine how it could be transferred to RideauFerry.

)

4. Discussion:Staff feel that it could be relocated by using township owned equipment and manpower to move itto an appropriate location in Rideau Ferry. An obvious location would be to place it near theRideau Ferry Docks where tourists and residents could View and learn about what it is and how itwas used many years ago.

5. OptionsOption #1: Accept the donation and place it at the Rideau Ferry Docks. Recommended

Option #2: Accept the donation and place it somewhere else near Rideau Ferry. NotRecommended.

Option #3: Do nothing. Not Recommended.


Report of the Public Works Manager - Blacksmith Wheel StonePage 15 of 32

6. Financial: To use township forces to relocate the stone would amount to approx. $500internally. Depending on the amount of landscaping and historical plaque displays, the budgetcould range from $500 to $1,500 within the 2022 Budget.

7. Summary: Based on the historical value of the wheel stone and the relatively inexpensivecapital expense, staff recommend that Council receive the wheel stone as a donation and placein Rideau Ferry.

8. Attachments: Schedule “A”Picture of similar Blacksmith Wheel Stone

Prepared By Approved ByScott Cameron, Manager of Public Works Cindy Halcrow, Clerk Administrator



Schedule ”A”

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Township of Drummond/North ElmsleyCommittee of the Whole

Report By Clerk Administrator


Report Title Annual Accessibility UpdateREPORT # CA-2021-19

1. Staff Recommendation: Resolution E Direction El lnformation El

2. STAFF RECOMMENDATION: Resolution RequiredTHAT the Council of the Corporation of the Township of Drummond/NorthElmsley receive the annual update of the Township’s Accessibility Plan.

3. PURPOSE:This report is to report on accessibility achievements in 2021 in relation to theAccessibility Plan.

4. BACKGROUND:The Ontarians with Disabilities Act, 2001 (ODA) mandates that each municipalityin the province prepare an annual accessibility plan. The purpose of this requiredactivity is to improve opportunities for persons with disabilities and provide fortheir involvement in the identification, removal and prevention of barriers toprovide full participation in all aspects of life. The municipal accessibility plan is atool through which the Township should be monitoring its progress in removing orreducing barriers and outlines a strategy for the barrier mitigation for the nextyear. The Act also provides that the Plan must be reported on annually.

5. DISCUSSION:According to the Plan, the commitments and strategies for 2019-2024 are asfollows:

MANDATED BY THE IASR STANDARD

2019 File an accessibility compliance report by December 31(Completed)

2021 Website and contents must conform with WCAG 2.0 Level AA

2021 File an accessibility compliance report by December 31

The website and contents conforms with With WCAG 2.0 Level AA and the compliancereport will be filed by December 31.


Report of the Clerk Administrator - Annual Accessibility UpdatePage 18 of 32

OPTIONS

Option 1- Receive the annual update — Recommended. While Iwas hoping toget more done this year in regards to some of the barriers, the plan is to finishmost of the list next year.

Option 2 — Not receive the annual update — Not Recommended. The annualupdate is required by the IASR Standard

FINANCIAL IMPLICATIONS:The budget provides for $500 annually to be invested in the removal of barriers.

LINK TO OTHER PLANS — 2019-2024 Accessibility Plan

ATTACHMENTS — Other Barriers to Remove 2019-2024

Prepared and Recommended By:

Cindy Halcrow, Clerk Administrator



OTHER BARRIERS TO REMOVE 2019-2024

Ferguson's Falls Community Hall (The Hall will be redeveloped andaccessibility will be addressed at that time)

. Threshold lip is 1 inch - exceeds 1/2 inch. Front lip door threshold is 1 1/4 inch. Need an automatic door. Needs a lever handle on back door

Bathroom. Sink is too close to the wall. Washroom signage should be at the top of the hallway. Wrong toilet seat - need an elongated toilet seat- Should install fold down grab bars - optional. Requires a hook and shelf

Longer lever handles on sink (taps are now touchless)Should install an audible call button

Municipal Office washroomsShould install an audible call buttonShould install fold down grab bars - optionalNeed L shaped grab barRequires a counter/shelf. Kitchen taps should be lever handles (taps are now touchless). Need a hook at reception for canes. Old washrooms need lever handles (taps are now touchless)

I000

Drummond Centre HallWashroom:. Hand towel dispenser is too high. Need L shaped grab bar. Requires a hook and shelf in the bathroom. Should install an audible call button

Rideau Ferry Public Docks. The transition from concrete to floating docks should include anextended handrail.



Township of Drummond/North ElmsleyCommittee of the Whole

Report By Cindy Halcrow, Clerk Administrator


Report Title Mcllvenna Easement AgreementREPORT # CA-2021-18

1. Staff Recommendation: Resolution E Direction D Information El

2. STAFF RECOMMENDATION: Resolution Required

4. BACKGROUND:

THAT the Council of the Corporation of the Township of Drummond/NorthElmsley authorizes staff to pursue an easement agreement with Peter & LucieMcllvenna

AND FURTHERMORE THAT staff are directed to bring an implementing by-lawto council for passage.

3. PURPOSE:This report is to obtain Council approval to acquire a turning circle at the end ofBest Street.

In 1997, Mc|ivenna’s property was severedand one the conditions was that theTownship was given sufficient lands for itspurposes which would have been aneasement for a turning circle. it was notformalized in an easement year and theTownship vehicles have been turning aroundon Mc|ivenna’s property since the 1997.

5. DISCUSSION:Earlier this year, there was a dispute overaccess and the Reeve and Scott Cameronmet with Mcllvenna to discuss propertylines and a formal easement agreementwhich would ensure uninterrupted use forthe Township. Mr. McI|venna agreed in — .

» »

principle to an easement agreement. A copy of the easement has been sentto the Mclvennas and their solicitor.

Agenda Item # 7.3 b)

Report of the Clerk Administrator - McIIvenna Easement AgreementPage 21 of 32

OPTIONS

Option 1- Acquire the Easement. Recommended. This option provides theTownship with legal access to turn around snow plows, emergency vehicles andgarbage trucks.

Option 2 — Not acquire an easement — Not Recommended. The property ownercould block the access again and the Township could incur legal costs to assertthe right to turn around.

FINANCIALIMPLICATIONS:The cost of the easement will include legal fees for the Township and Mclvenna,and survey costs in the amount of $3,000—$4,000.

LINK TO OTHER PLANS - None

ATTACHMENTS — Proposed Easement Agreement


L Ixc?rzpwz?Cindy Halcrow, Clerk Administrator



AGREEMENT

PARTIESThe parties to this Agreement are:

1. The Corporation of the Township of Drummond/North Elmsley(“Township”)

310 Port Elmsley Road, Perth, Ontario K7H 3C7Email: [email protected]

2. Peter James Mcllvenna and Lucie LucilleMcllvenna(“Mclvennas”)

100 Best RoadPO Box 182Smiths Falls, ON K7A4T1Email:

BACKGROUND:1. The Township is the registered owner of, and the public authority having jurisdiction

over Best Road, “Best Road"

Mclvennas are the registered owners of the following property:Part Lot 10, Concession 6, Geographic Township of North Elmsley, nowTownship of Drummond/North Elmsley, County of Lanark, [being all of PIN#05234-0188]“Mclvenna Property”

Mclvennas are the registered owners of the servient tenement, being:Part Lot 10, Concession 6, Geographic Township of North Elmsley, nowTownship of Drummond/North Elmsley, County of Lanark, [being part of PIN#05234-0188]“Right-of-Way”over which Township has requested a Transfer from Easement from

Mcllvennas for themselves, their successors and assigns

The Parties agreed to register an easement in favour of the Township over the

Right-of-Wayfor municipal operations.

The Parties wish to enter into this agreement to outline, between the Parties hereto,

the responsibilitiesand the rights of the users of the Right-of-Way.



AGREEMENTIn consideration of the premises and the mutual covenants and agreements hereincontained, the Parties agree as follows:

1. Mcllvennas consent to Township and other service vehicles and personnel,including, but not limited to emergency vehicles, school buses, utilityvehicles andCanada Post using the Right-of-Way as a turnaround for access to and from BestRoad, on the terms and conditions contained herein.

The Right-of-Way shall be for the mutual use and bene?t of the Township, itselected officials, officers, employees, agents, invitees, successors and assigns,

service vehicles and its personnel (including, but not limitedto emergency vehicles,

school buses, utilityvehicles and Canada Post) and the owners from time to timeof the Mcllvenna Property, and shall be in common with all other users of the Right-of-Way legally entitled thereto.

Mcllvennas acknowledge that large trucks and heavy equipment will be using the

Right-of—Way.The Township agrees to use its best reasonable efforts to ensureno damage is caused to the Right-of-Way.

Notwithstanding paragraph 3 herein, the Parties agree that Township (or its

officers, employees, agents or anyone acting on behalf of the Township) may

perform regular and reasonable maintenance and repair of all or part of the Right-of-Way to allow for the safe passage of persons and vehicles; however,

Mcllvennas acknowledge and agree that the Township has no obligation to

maintain and repair the Right-of-Way.

The Parties agree that the Township (or its of?cers, employees, agents or anyoneacting on behalf of the Township) may snowplough and sand all or part of theRight-of-Way during the winter months so as to allow for the safe passage of

persons and vehicles using the Right-of-Way.

The Parties agree that the use the Right-of-Way is at the sole risk of the users.

The Township shall, at all times, maintain liabilityinsurance for the Right-of-Way inthe amount of Two Million($2,000,000.00) Dollars and include the Mcllvennas as anamed insured.

Township shall at all times save harmless and indemnify Mcllvennas from and

against all claims, demands, losses, costs, damages, actions, suits or other

proceedings by whomsoever made, sustained, brought or prosecuted in anymanner resulting from or attributable to any term or provision of this Agreement orrising out of the use of the Right-of-Way by Township, its elected officials, officers,employees, agents or anyone acting on behalf of the Township.



9. The Township confirms that its use of the Right-of-Way is to as a turnaround to foraccess to and from Best Road and therefore they undertaketo ensure their electedofficials, officers, employees, agents or assigns do not block or park on the Right-of-Way.

10. While this agreement is in effect, it shall be binding on and run with the title tothe Mcllvenna Property.

11. While this agreement is in effect, the Parties undertake to have any purchaser ortransferee of either property, and their successors, acknowledge receipt of acopy of this agreement and execute a counterpart of this agreement to confirmthe purchaser or transferee’s agreement to be bound by the terms of thisagreement. -

12. The Township may, at its expense, register Notice of this agreement on title to

the Mcllvenna Property and/or Township Property pursuant to Section 71 of theLand Titles Act or attach it to the Transfer of Easement.

MISCELLANEOUS13. In this Agreement, the number and gender shall be construed as the context may

require.

14. The headings in this Agreement are for convenience only and do not constitutepart of the terms of this Agreement.

15. Time shall be of the essence of this Agreement.

16. The invalidity or unenforceability of any provision of this Agreement will not affect

the validity or enforceability of any other provision and any invalid provision willbeseverable.

17. Any dispute occurring among the Parties relating to the interpretation or

implementation of any of the provisions of this Agreement shall be resolved inaccordance with the following provisions:

a. The Parties shall first attempt in good faith to resolve such dispute by

mediation.b. If any issue in dispute is not resolved by mediation, it shall be submitted to

arbitration. In that event, the following rules shall apply:i. The arbitration shall be conducted by a single arbitrator appointed

either by agreement between or among the disputing parties or, indefault of such agreement, by a Judge of the Superior Court ofJustice.

ii. Unless otherwise agreed by the disputing parties, the arbitration shallbe conducted in the Town of Perth.

iii. The procedure to be followed shall be agreed upon by the disputingparties or, in default of such agreement, shall be determined by the



18.

19.

20.

21.

22.

23.

24.

arbitrator.The arbitration shall proceed in accordance with the provisions of theArbitration Act, 1991 (Ontario).The decision arrived at by the arbitrator shall be final and binding andno appeal shall lie there from. Judgment upon the award renderedby the arbitrator may be entered in any court having jurisdiction.

This Agreement shall not be amended or modified in any respect otherwise than inwriting and executed by the parties hereto.

The parties agree to execute all reasonably necessary documents in order to giveeffect to the terms and effect of this agreement.

This Agreement shall be governed by the laws of the Province of Ontario.

Execution of this Agreement and all subsequent notices, correspondence anddocumentation may be by way of facsimile transmission directed to the parties at

the fax numbers listed on page 1 of this Agreement (ifany) or by email to the emailaddresses listed on page 1 of this Agreement (ifany).

Alternatively, any notice to the parties given pursuant to any provision of thisAgreement may be given by personal delivery or by prepaid registered postaddressed to the parties at their respective addresses on page 1 of this agreement.

If notice is given by prepaid registered post, it shall be deemed given seven days

after the date of mailing.

A party may change his fax number, email address or postal address by notice to

the other party at any time provided the other party has acknowledged the change

or the party giving the notice has confirmation that the notice was received.

This Agreement shall not be assignable by any party without the written consent of

the other parties.

This Agreement shall be binding upon the heirs, executors, administrators,

successors and assigns respectively of each of the Parties hereto.

This Agreement may be executed in one or more counterparts, each of which shall

constitute an original and all of which take together shall constitute the sameagreement.



25. The date of this Agreement is the date on which the last party executes thisAgreement.

INWITNESS WHEREOF the Parties hereto have hereunto affixed their hands and seals.

The Corporation of theTownship of Drummond/NorthElmsleyPer:

* Date:Steve Fournier, Reeve

* Date:Cindy Halcrow, Clerk Administrator

* * Date:Witness Peter James Mcllvenna

* * Date:Witness Lucie LucilleMcllvenna



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Report By Cindy Halcrow, Clerk Administrator


Report Title Road Closure Unnamed Street InnisvilleREPORT # CA-2021-19

1. Staff Recommendation: Resolution IZ Direction El Information El

2. STAFF RECOMMENDATION:THAT the Council of the Corporation of the Township of Drummond/NorthElmsley authorizes staff to proceed to a public meeting to receive input from thepublic on the unnamed street on Plan 1218.

3. PURPOSE:This report is to obtain Council approval to commence the process to dispose ofa road allowance in Innisville.

4. BACKGROUND:Earlier this year, staff was approached by Bob Green who was interested inpurchasing 114 Bay Street from Wallace Kilfoyle. His lawyer undertook a searchof the property and discovered it is a road allowance still in the ownership of theTownship. Mr. Green and Shelly Clifton were appointed as Ki|foyie’s agents inthis matter. Ms. Clifton was a delegation at the Committee of the Whole onSeptember 14, 2021 to request that Council close up and sell the roadallowance.

5. DISCUSSION:The road is not included on the Township’s CGIS mapping and according toLand Titles mapping, there is another property 112 Bay Street that also occupiesa portion of the road allowance as well as the Bay Street road allowance.Township mapping, Land Titles mapping, MPAC mapping and the original Planof Subdivision 1218 are appended to this report.

Before approving this request, staff recommend that a public meeting be held toget community input into the road closure because of previous issues with legalproperty surveys versus the actual location of dwellings in Innisville. Additionally,the properties at 205 and 211 Isabella Street may be impacted by this roadclosure as it looks like the road allowance has been taken over. The currentowners may not realize that the road allowance exists and their involvement inthis process will be necessary. Itwould better to identify any issues up front than

Agenda Item # 7.3 c)

Report of the Clerk Administrator - Road Closure Unnamed Street Innisvil...Page 29 of 32

further down in the process.

OPTIONS

Option 1- Conduct a public meeting. This recommended for reasons notedabove and to flush out issues up front.

Option 2 — Deny the Request — not recommended

Option 3 — Proceed with Road Closure process is not recommended at this timeuntil public input occurs.

FINANCIAL IMPLICATIONS:The road closing costs are paid by the applicant so there is no budget impact.

LINK TO OTHER PLANS - None

ATTACHMENTS — Maps


Cb/):?v_,iQ.<u-@¢rd/(T)Cindy Halcrow, Clerk Administrator



Land Titles Mapping

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MPAC Mapping(highlighted area is 114 Bay Street)

Ennisville Plan 1218highlighted area is the unnamed road allowance

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Documents

Committee of the Whole - 28 Sep 2021 - Agenda - Pdf