county of lanark lanark county municipal ...council+$!26...v) corporate services: october 14th, 2009...

CC Agenda – October 28th, 2009 1 of 44

COUNTY OF LANARK LANARK COUNTY MUNICIPAL BUILDING CHRISTIE LAKE ROAD, PERTH, ONTARIO

AGENDA

LANARK COUNTY COUNCIL WEDNESDAY, OCTOBER 28TH, 2009

7:00 P.M. COUNCIL CHAMBERS

Warden Paul Dulmage, Chair 1. CALL TO ORDER 2. MOMENT OF SILENT MEDITATION 3. ROLL CALL 4. DISCLOSURE OF PECUNIARY INTEREST 5. APPROVAL OF COUNCIL MINUTES Suggested Motion by Councillor Ed Sonnenburg:

“THAT, the minutes of the Lanark County Council meeting held on September 23rd, 2009, October 7th, 2009 and October 14th, 2009 be approved as circulated.”

6. ADDITIONS AND APPROVAL OF AGENDA Suggested Motion by Councillor Sharon Mousseau: “THAT, the agenda be adopted as amended.” 7. DELEGATIONS & PRESENTATIONS None 8. COMMUNICATIONS

i) 09-10-28 Councillor Communication Package - distributed as a separate package – cover sheet – attached, page 7


9. REPORTS i) Community Development: October 7th, 2009 meeting – attached, page 9

Chair, Councillor Brenda Hurrle Suggested Motion: “THAT, the Twelfth Report of the Community Development Committee of the Whole be adopted as presented.”

ii) Public Works: October 7th, 2009 meeting – attached, page 12 Chair, Councillor Susan Freeman Suggested Motion: “THAT, the Fourteenth Report of the Public Works Committee of the Whole be adopted as presented.”

iii) Community Services: October 14th, 2009 meeting – attached, page 15 Chair, Councillor Keith Kerr

Suggested Motion: “THAT, the Ninth Report of the Community Services Committee of the Whole, be adopted as presented.”

iv) Update: Insurance Review 2010 (verbal) Director of Finance, Kurt Greaves Suggested Motion: “THAT, Update: Insurance Review 2010 (verbal) be received as information.”

v) Corporate Services: October 14th, 2009 meeting – attached, page 18 Chair, Councillor Bob Fletcher

Suggested Motion:

“THAT, the Nineteenth Report of the Corporate Services Committee of the Whole, be adopted as presented.”

vi) Striking: October 28th, 2009 meeting – to be distributed at the meeting

Chair, Keith Kerr Suggested Motion: “THAT, the Sixth Report of the Striking Committee, be adopted as presented.”


10. CONFIDENTIAL REPORTS

i) CONFIDENTIAL: Personnel Matter: Lanark Lodge Director of Human Resources, Lisa Crosbie-Larmon Suggested Motion: “THAT, the Committee move “in camera” at _____ p.m. to discuss a personnel matters about an identifiable individual, including municipal or local board employees; AND THAT P. Wagland, CAO, L. Crosbie-Larmon, Director of Human Resources, D. Pigeon Director of Lanark Lodge, C. Ritchie, Clerk, and E. Patterson, Council & Clerk Services Assistant remain in the room.” Suggested Motion: “THAT, the Committee return to regular session at ____ p.m.”

• Chair’s Rise and Report

11. BY-LAWS AND MOTIONS

i) By-Law No. 2009-47: Road Closing: Pearen – attached, page 23 Suggested Motion by Councillor Richard Kidd: “THAT, By-Law 2009-47 to stop up, close and authorize the sale of a portion of the former County Road 1 (Rideau Ferry Road) in Lot 27 and 28 Registered Plan 1643, Geographic Township of North Elmsley, Municipality of Township of Drummond/North Elmsley, be read a first and second time.” Suggested Motion by Councillor Richard Kidd: “THAT, the By-Law just now read a second time, be forth with read a third time short and passed and signed by the Warden and Clerk.”

ii) By-Law No. 2009-48: Short-Term Investment Policy and Procedure(Amending

By-Law 2003-25) – attached, page 26

Suggested Motion by Councillor Brenda Hurrle: “THAT, By-Law 2009-48 being a by-law to amend the Short-Term Investment Policy and Procedure By-Law 2003-25, be read a first and second time.” Suggested Motion by Councillor Brenda Hurrle: “THAT, the By-Law just now read a second time, be forth with read a third time short and passed and signed by the Warden and Clerk.”


iii) By-Law No. 2009-49: Revenue Sharing Agreement: Town of Smiths Falls – attached, page 28

Suggested Motion by Councillor Aubrey Churchill: “THAT, By-Law 2009-49, authorize a revenue sharing agreement between the Town of Smiths Falls and the County of Lanark (Boundary Adjustment Smiths Falls and Montague), be read a first and second time.” Suggested Motion by Councillor Aubrey Churchill: “THAT, the By-Law just now read a second time, be forth with read a third time short and passed and signed by the Warden and Clerk.”

iv) By-Law No. 2009-50: Adopt A Plan of County Road System (Amending By-Law

81-23) (County Rd. 43: Boundary Adjustment: Smiths Falls & Montague) – attached, page 32

Suggested Motion by Councillor Susan Freeman: “THAT, By-Law 2009-50, being a by-law to amend By-Law 81-23 and adopt a plan of County Road Improvement and Establish a County Road System, be read a first and second time.” Suggested Motion by Councillor Susan Freeman: “THAT, the By-Law just now read a second time, be forth with read a third time short and passed and signed by the Warden and Clerk.”

v) By-Law No. 2009-51: Boundary Adjustment Agreement: Town of Smiths Falls & Montague – attached, page 35

Suggested Motion by Councillor Bob Fletcher: “THAT, By-Law 2009-51, authorize a boundary adjustment agreement between the Town of Smiths Falls, Township of Montague and the County of Lanark, be read a first and second time.” Suggested Motion by Councillor Bob Fletcher: “THAT, the By-Law just now read a second time, be forth with read a third time short and passed and signed by the Warden and Clerk.”

12. NEW BUSINESS

None


13. NOTICE OF COMMITTEE MEETINGS Special Budget 4:00 p.m. Wed. Nov. 4th Community Development Committee 5:00 p.m. Public Works Committee Community Services Committee 5:00 p.m. Wed. Nov. 11th Corporate Services Committee LCTA – Board Meeting 2:00 p.m. Mon. Nov. 16th

Special Budget 5:00 p.m. Wed. Nov. 18th

Warden’s Banquet 6:00 p.m. Fri. Nov. 20th Special Budget 10:00 a.m. Sat. Nov. 21st Spirit Committee Christmas Party 6:00 p.m. Community Forest Working Group 2:00 p.m. Mon. Nov. 23rd Lanark County Municipal Trails 4:00 p.m.

Lanark County Housing Corporation 6:30 p.m. Tues. Nov. 24th Special Budget 4:00 p.m. Wed. Nov. 25th

County Council 7:00 p.m.

14. CONFIRM COUNCIL PROCEEDINGS

i) By-Law No. 2009-52: Confirmation By-Law – attached, page 44

Suggested Motion by Councillor Bill Dobson: “THAT, By-Law 2009-, being a by-law to confirm the proceedings of the Council meetings held on October 7th, 2009, October 14th, 2009 and October 28th, 2009, be read a first and second time.” Suggested Motion by Councillor Bill Dobson: “THAT, the By-Law just now read a second time, be forth with read a third time short and passed and signed by the Warden and Clerk.”

15. REQUESTS FOR MEDIA INTERVIEWS 16. ADJOURNMENT


COMMUNICATIONS


COUNCILLOR COMMUNICATION PACKAGE

Friday, October 23rd, 2009

County Council Agenda – October 23rd, 2009

1. FYI No. 09-114: Continuous Improvement Fund (CIF) - attached, page 2 2. Alert No. 09-069: AMO Report to Members on September 2009 Board Meeting – attached,

page 3

3. Youth Taking Action 2010: Community Projects – attached, page 5

4. LAS Communication FYI No. 09-004: New Group Home and Auto Insurance Partner – attached, page 6

5. LAS: Town Hall Sessions 2009-2010 – attached, page 7

6. City of North Bay: Mayor to Mayor Campaign Launched in Buy American Battle – attached, page 9

7. Alert No. 09-070: Waste Diversion Act Review – attached, page 10

8. Alert No. 09-071: Bill 168, Violence & Harassment in the Workplace – attached, page 11

9. Alert No. 09-072: Minister of Finance Delivers Fall Economic Statement – attached, page 12


REPORTS


TWELFTH

REPORT OF THE COMMUNITY DEVELOPMENT COMMITTEE OF THE WHOLE October 7th, 2009

To the Members of Lanark County Council: We, the Members of your Community Development Committee of the Whole beg leave to report Section “A” to be received as information and Section “B” as follows: “A” 1. Report #PW-77-2009 Tree Cutting Request

The purpose of this Report is to supply a staff recommendation with regard to a request for a minor exception to Tree Cutting By-Law 81-34, made by Mr. Roy Durant, on the property located at Part Lot 25, Concession 1, in the Township of Montague.

“B” 1. MOTION #CD-2009-126

“THAT, the Community Development Committee of the Whole grant Mr. Roy Durant an exception to By Law 81-34 for the removal of trees on Pt. Lots 24 & 25, of Concessions 1 & 2 in the Township of Montague; AND THAT the trees that are harvested can be disposed of at the owner’s discretion preferably in a green manner.”

“A” 2. MOTION #CD-2009-127

“THAT, Report #PW-77-2009 Tree Cutting Request be received as information.”

“A” 3. Report #C-13-2009 Boundary Restructuring: Town of Perth, Township of Drummond/North Elmsley and Township of Tay Valley (verbal) MOTION #CD-2009-128

“THAT, the Boundary Restructuring: Town of Perth, Township of Drummond/North Elmsley and Township of Tay Valley (verbal) be received as information.”


“A” 4. Report #C-14-2009 OP/ICSP Report Summary (Stantec Consulting Ltd: A Choice for Lanark County) and Federal Gas Tax Requirements

MOTION #CD-2009-129

“THAT, the Community Development Committee accept Report #C-14-2009 OP/ICSP Report Summary as information.”

“B” 4. MOTION #CD-2009-130

“THAT, an OP/ICSP Steering Committee be formed consisting of one member from each local municipality.”

“A” 5. Letter from Lanark County Land Division Committee: ICSP vs. OP Project “B” 5. MOTION #CD-2009-131

“THAT, the Letter from Lanark County Land Division Committee: ICSP vs. OP Project be received as information; AND THAT the Letter from Lanark County Land Division Committee be referred to the OP/ICSP Steering Committee.”

“A” 6. Report #PD-20-2009 Information Report

The purpose of this report is to update Members of the Committee on the activities of the Planning Approvals Department.

MOTION #CD-2009-132

“THAT, Report #PD-20-2009 of the Planning Approvals Administrator for the period August 25th to September 30th, 2009 be received as information.”

“A” 7. Report #T-11-2009 Tourism Information Report

The purpose of this report is to update the Community Development Committee on tourism projects and programs to date. MOTION #CD-2009-133

“THAT, Report #T-11-2009 of the Tourism Manger be received as information only.”


“A” 8. Report of the Valley Heartland Community Futures Development Corporation (verbal) MOTION #CD-2009-134

“THAT, the Report of the Valley Heartland Community Futures Development Corporation (verbal) be received as information.”

“A” 9. Report of the Lanark County Municipal Trails Corporation (LCMTC) (verbal)

MOTION #CD-2009-135

“THAT, the Report of the Lanark County Municipal Trails Corporation (LCMTC) (verbal) be received for information.”

“A” 10. Report of the Eastern Ontario Trails Alliance (EOTA) (verbal)

MOTION #CD-2009-136

“THAT, the Report of the Eastern Ontario Trails Alliance (EOTA) (verbal) be received as information.”

All of which is respectfully submitted by: Brenda Hurrle, Chair Direction by the Warden: Council may remove items in Section “B” to be voted on separately prior to introducing a motion to accept the report in its entirety.

Moved and Seconded by: _______________________ _______________________ Moved By Seconded By

Adopted this 28th day of October 2009

_____________________ _______________________ Paul Dulmage, Warden Cathie Ritchie, Clerk


FOURTEENTH

REPORT OF THE PUBLIC WORKS COMMITTEE OF THE WHOLE October 7th, 2009

To the Members of Lanark County Council. We, the Members of your Public Works Committee of the Whole beg leave to report Section “A” to be received as information and Section “B” as follows: “A” 1. Road Closing Hearing: County Road 1 (Pearen) #PW-53-2009 (approved at

August 26th, 2009 Council meeting)

“B” 1. MOTION #PW-2009-117

“THAT, there being no objections from the public, the Clerk presents necessary By-law at the October 2009 meeting of County Council to stop-up close and sell as surplus to County needs the portion of the former County Road 1, in Lot 27 and 28 Registered Plan 1643, Geographic Township of North Elmsley, Municipality of Township of Drummond/North Elmsley, more particularly described as Part 2, on Registered Plan 27R1420, to the abutting property owner for $1.”

“A” 2. Communications

MOTION #PW-2009-118

“THAT, communication items for the October 2009 Public Works Committee meeting be received as information only.”

“A” 3. Report #PW-69-2009 Public Works Contract Status Report #9

The purpose of this report is to inform the Committee of the status of Public Works Contracts. MOTION #PW-2009-118

“THAT, the Public Works Committee receives Report #PW-69-2009, Public Works Contracts Status Report #9, for information.”


“A” 4. Report #PW-70-2009 Glen Isle Bridge Replacement Options The purpose of this report is to seek Council approval of the proposed design concept for the Glen Isle Bridge Project.

“B” 4. MOTION #PW-2009-119

“THAT, County Council authorizes the Director of Public Works to proceed with the final design for the Glen Isle Bridge Replacement Project (Option #4), as described in Report #PW-70-2009, with a view to tendering the Project in the 2011-2013 time frame; AND THAT the Clerk sends Report #PW-70-2009 to the Town of Mississippi Mills and the Township of Beckwith Clerks, for information.”

“A” 5. Report #PW-71-2009 Proposed 2010 Road and Bridge Capital Program

The purpose of this report is to seek Council approval to complete the preparation and issuing of tenders for the 2010 Road and Bridge Capital Program.

“B” 5. MOTION #PW-2009-120

“THAT, County Council authorizes the Director of Public Works to prepare and issue a tender, in November 2009, for the Rehabilitation of the Clydesville Bridge, as described in Report #PW-49-2009;

THAT County Council authorizes the Director of Public Works to prepare and issue tenders in January 2010, for the proposed 2010 Road Capital Program, as described in Report #PW-71-2009;

THAT the 2010 Road and Bridge Capital Program tender results are referred to the 2010 budget deliberations;

AND THAT the Clerk sends Report #PW-71-2009 to all local municipal Clerks, for information.”

“A” 6. Report #PW-72-2009 Draft Ten Year Road and Bridge Capital Plan 2011-2020

The purpose of this report is to propose a Ten Year Road and Bridge Capital Plan.


“B” 6. MOTION #PW-2009-121

“THAT, the Draft Ten Year Road and Bridge Capital Plan is referred to the 2010 budget deliberations; AND THAT the Clerk sends Report #PW-72-2009 to all Lanark County local municipalities for information.”

“A” 7. Report #PW-74-2009 Fuel and Asphalt Index Financial Impacts (verbal)

MOTION #PW-2009-122

“THAT, Report #PW-74-2009 Fuel and Asphalt Index Financial Impacts (verbal) be received as information only.”

“A” 8. Report #PW-76-2009 Provincial Truck Roadeo Results (verbal)

“B” 8. MOTION #PW-2009-124

“THAT, the Warden send a letter to John Gleeson congratulating him on his performance at the Provincial Truck Roadeo.”

All of which is respectfully submitted by: ______________________ Susan Freeman, Chair Direction by the Warden: Council may remove items in Section “B” to be voted on separately prior to introducing a motion to accept the report in its entirety.

Moved and Seconded by: ______________________ ________________________ Moved By Seconded By

This 28th day of October 2009 ______________________ ________________________ Paul Dulmage, Warden Cathie Ritchie, Clerk


NINTH

REPORT OF THE COMMUNITY SERVICES COMMITTEE OF THE WHOLE OCTOBER 14th, 2009

To the Members of Lanark County Council. We, the Members of your Community Services Committee of the Whole beg leave to report Section “A” to be received as information and Section “B” as follows: “A” 1. Communications

MOTION #CS-2009-97

“THAT, the October 2009 Community Services Communications, except Item i. be received for information.”

“B” 1. MOTION #CS-2009-96

“THAT, the Committee Services Committee recommend that County Council provide support for the Community Schools Alliance: Request for Support of a “Smart Moratorium” on School Closures.”

“A” 2. Report #SS-12-2009: New Rental Component: Recommended Projects

The purpose of this report is to recommend two construction ready projects be approved for the AHP Extension (2009) New Rental Housing Component.

“B” 2. MOTION #CS-2009-98

“THAT, Perthmore Apartments be recommended to Ministry of Municipal Affairs and Housing as a Council approved project for funding under the Canada-Ontario Affordable Housing Program Extension (2009);

AND THAT, Royden Place be recommended to Ministry of Municipal Affairs

and Housing as a Council approved project for funding under the Canada-Ontario Affordable Housing Program Extension (2009).”


“A” 3. Report #LL-14-2009: LSSA Accountability for Lanark Lodge

The purpose of this report is to provide the Community Services Committee with the particulars of the Long-Term Care Homes Accountability Agreement (L-SAA) for 2010-13 and its associated Long-Term Care Home Accountability Planning Submission (LAPS). The LAPS between Lanark Lodge, County of Lanark and the South-East Local Health Integration Network is required to be submitted by November 20, 2009. The L-SAA Accountability Agreement will continue to be worked on by the LHINs and a working task force and be available in February or March 2010 (Appendix i.).

“B” 3. MOTION #CS-2009-99

“THAT, Report #LL-14-2009: LSSA Accountability for Lanark Lodge be received as information; and

THAT, the Long-Term Care Home Accountability Planning Submission (LAPS) for Lanark Lodge (Appendix ii, iii and iv.) with the South-East Local Health Integration Network be accepted and approved for submission with the for 2010-2013 to meet the deadline of November 20, 2009.”

“A” 4. Report #LL-15-2009: Long-Term Care Draft Regulations for Ontario, Part Two

The purpose of this report is to provide an update to Community Services Committee on the release of the second set of long-term care home regulations and the anticipated impact to long-term care operations. These regulations are the second wave of proposed regulations under the Long-Term Care Act.

“B” 4. MOTION #CS-2009-100

“THAT, Report #LL-15-2009: Long-Term Care Draft Regulations for Ontario, Part Two is received as information; and

THAT, Community Services Committee recommend to County Council that a

letter be sent to the Minister of Health and Long-Term Care and the Minister Responsible for Seniors to request that the MOHLTC provide funding to support the newly regulated staffing requirements that have a cost impact to long-term care homes; most notably social work, registered dietitian and food service worker hours.”

“A” 5. Lanark County Housing Corporation Update

MOTION #CS-2009-101

“THAT, the Lanark County Housing Corporation Update (verbal) be received as information only.”


“A” 6. CONFIDENTIAL: Report #SS-13-2009: LCHC Report

“B” 6. MOTION #CS-2009-106

“THAT, the Community Services Committee support Option 2 as recommended by the Board of the Lanark County Housing Corporation.”

All of which is respectfully submitted by: _________________________ Keith Kerr, Chair Direction by the Warden: Council may remove items in Section “B” to be voted on separately prior to introducing a motion to accept the report in its entirety.

And Moved and Seconded by: _________________________ _______________________ Moved By Seconded By

Adopted this 28th day of October, 2009 ________________________ _______________________ Paul Dulmage, Warden Cathie Ritchie, Clerk


NINETEENTH

REPORT OF THE CORPORATE SERVICES COMMITTEE OF THE WHOLE OCTOBER 14th, 2009

To the Members of Lanark County Council. We, the Members of your Corporate Services Committee of the Whole beg leave to report Section “A” to be received as information and Section “B” as follows: “A” 1. Communications “B” 1. MOTION #CP-2009-332

“THAT, the communication items for the October 2009 Corporate Services Committee be received as information only and a letter of thanks be sent to Kingston Council for supporting Ms. Fosters communication with eastern Ontario Councils with her FCM updates”

“A” 2. Report#AMB-08-2009: Lanark County Ambulance Service August 2009

MOTION #CP-2009-333

“THAT, the Report of the Lanark County Ambulance Service August 2009 be received for information only.”

“A” 3. Report #FIN-20-2009: Investing Surplus Funds

The purpose of this report is to increase the rate of return of the County’s investments.

“B” 3. MOTION #CP-2009-335

“THAT, By-Law 2003-25 be amended to allow investments of up to five years; and THAT, County Council authorize investing up to $5,000,000 through CIBC Wood Gundy in investments eligible under section 418 of the Ontario Municipal Act; and THAT, County Council authorize investing up to $3,000,000 in short term (1 year or less) GICs with BMO Nesbitt Burns; and THAT, County Council authorize opening a business savings account with ING Direct Canada to invest any additional excess funds.”


“A” 4. Report #FIN-24-2009: August Financial Summary

The purpose of this report is to provide an in-year summary of financial performance for the year 2009 based upon year to date results as of August 31, 2009.

MOTION #CP-2009-336

“THAT, Report #FIN-24-2009: August Financial Summary be received as information.”

“A” 5. Report #FIN-25-2009: Insurance 2010 The purpose of this report is to review the Counties insurance and attempt to mitigate potential price increases and review coverage.

“B” 5. MOTION #CP-2009-337

“THAT, direction be provided to the CAO to investigate possible options regarding preparation of an insurance tender document for the November Corporate Services Committee meeting.”

“A” 6. Report #FIN-26-2009: OMPF 2010

MOTION #CP-2009-338 “THAT, Report #FIN-26-2009: OMPF 2010 be received as information.”

“A” 7. Report #FIN-27-2009: LTA Request for Additional Funds “B” 7. MOTION #CP-2009-339

“THAT, County Council authorize an additional $23,208 be transferred for the “Provincial Gas Tax Reserve” to fund a request from the Lanark Transportation Association for capital and expanded service requirements.”

“A” 8. Report #CAO-20-2009: EOWC OMPF – Stable Funding Guarantee Approach The purpose of this Report is to provide Council with an update on initiatives which have been taken and are suggested to be taken by the EOWC as a proactive measure in persuading the provincial government to maintain the combined benefit stable funding guarantee.


“B” 8. MOTION #CP-2009-340

”THAT, i) The Warden and CAO arrange a meeting(s) with the local MPPs of

Lanark County so that the affected municipalities can present their concerns.

ii) It be suggested to the local municipal councils affected by the potential change in stable funding guarantee that they send letters to the Minister of Finance and Premier.

iii) This report be circulated to the local municipalities in Lanark County. iv) The Warden send a letter to the Minister of Finance and Premier

expressing Lanark County’s concern with the loss of stable funding guarantee.”

“A” 9. Council Priority Setting Session: Next Steps (verbal) “B” 9. MOTION #CP-2009-341

“THAT, the CAO be authorized to contact Carolyn Kearns of The Randolph Group to conduct a facilitated session regarding defining County and lower tier roles and responsibilities, identifying new service areas common to all municipalities where there might be efficiencies in delivering them at the County level and communicating roles and responsibilities on Saturday January 23, 2010.

“A” 10. Report of the Lanark County Accessibility Advisory Sub-Committee MOTION #CP-2009-342

“THAT, the Report of the Lanark County Accessibility Advisory Sub-Committee be received as information only”.

“B” 10. MOTION #CP-2009-343

“THAT, the Summary of Comments in response to the Public Review on the Initial Proposed Accessible Built Environment Standard be endorsed; and THAT, staff be directed to submit comments to the Ministry of Community and Social Services by the October 16th, 2009 deadline.”


“A” 11. CONFIDENTIAL: Report #IT-06-2009: Broadband 2009 Update

MOTION #CP-2009-346

“THAT, Report #IT-06-2009: Broadband Project Update be received as information.”

All of which is respectfully submitted by: ______________________________ Bob Fletcher, Chair Direction by the Warden: Council may remove items in Section “B” to be voted on separately prior to introducing a motion to accept the report in its entirety.

Moved and Seconded by: ____________________ _______________________ Moved By: Seconded By

Adopted this 28th day of October, 2009

_____________________ _______________________ Paul Dulmage, Warden Cathie Ritchie, Clerk


BY-LAWS


THE CORPORATION OF THE COUNTY OF LANARK BY-LAW NO. 2009-47

A BY-LAW TO STOP UP, CLOSE AND AUTHORIZE THE SALE OF PART OF COUNTY

ROAD 1 (RIDEAU FERRY ROAD) - PEAREN

WHEREAS, pursuant to section 34 of the Municipal Act, S.O. 2001, Chapter 25, and amendments thereto, a municipality has the power to close a highway by carrying out the prescribed procedures;

AND WHEREAS, the part of County Road 1, more particularly hereinafter described in Schedule “A”, was established as public highways and assumed for public use as part of the Road System of The Corporation of the County of Lanark by the supply of materials and the performance of work and by various assumption and incorporation By-Laws; AND WHEREAS, it is desired to now stop up and close to vehicular and pedestrian traffic and sell the part of County Road 1, more particularly described in Schedule “A”, and to authorize the conveyance thereof to Diane Pearen, abutting owner on certain terms; AND WHEREAS, in accordance with By-Law No. 2007-75, the lands were declared surplus to the needs of The Corporation of the County of Lanark; AND WHEREAS, in accordance with By-Laws No. 2007-68 and 2007-75, notice of the intention to pass this By-Law has been published in a local paper and on the County of Lanark’s Website a minimum of fourteen days prior to the passing of this By-Law; AND WHEREAS, the Public Works Committee, as a Committee of the Council of The Corporation of the County of Lanark, met on the 7th day of October, 2009, to hear, in person, or by his counsel, solicitor or agent all persons claiming that their land will be prejudicially affected by this By-Law and who applied to be heard; NOW THEREFORE BE IT RESOLVED THAT, the Council of The Corporation of the County of Lanark enacts as follows: 1. GENERAL REGULATIONS

1.1 ROAD TO BE CLOSED:

THAT, the Part of County Road 1, more particularly described in Schedule “A” to this By-Law, having been assumed by The Corporation of the County of Lanark for public use is hereby stopped up and closed.



1.2. SALE OF ROAD:

THAT, The Corporation of the County of Lanark authorizes the sale of the soil and freehold of the part of County Road 1, more particularly described in Schedule “A” hereto, at such time and at such consideration as may be determined by Resolution of the Council of The Corporation of the County of Lanark.

1.3. CONVEYANCE:

THAT, the Warden and Clerk are hereby authorized, in the name of The Corporation of the County of Lanark, to sign and execute documents, as necessary, to effect conveyance of the part of County Road 1, described in Schedule “A”, which has been stopped up and closed to Diane Pearen, owner of the lands abutting such part.

1.4. AND THAT, Schedule “A” forms part of this By-Law.

2. ULTRA VIRES

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

3. EFFECTIVE DATE

This By-Law will come into effect upon registration in the proper Land Registry Office.

This By-Law read a first and second time this 28th day of October, 2009. This By-Law read a third time and finally passed this 28th day of October, 2009. Cathie Ritchie, Clerk Paul Dulmage, Warden



SCHEDULE “A”

Description of the part of County Road 1 to be closed and sold

In the Geographic Township of North Elmsley, in the Municipality of Township of Drummond/North Elmsley, in the County of Lanark and Province of Ontario, and being composed of that portion of County Road No. 1, located in Lots 27 & 28, Registered Plan 1643, more particularly described as Part 2, Registered Plan 27R1420.



BEING A BY-LAW TO AMEND THE SHORT-TERM INVESTMENT POLICY AND

PROCEDURE BY-LAW 2003-25 THE CORPORATION OF THE COUNTY OF LANARK

WHEREAS, Section 5 (3) of the Municipal Act 2001 S.O. Chapter 25 states that the powers of a municipality shall be exercised by by-law; AND WHEREAS, Under Section 418 of the Municipal Act 2001, “ A municipality may invest in prescribed securities, in accordance with the prescribed rules, money that it does not immediately required AND WHEREAS, the Council of the Corporation of the County of Lanark deems it expedient to amend By-law 2003-25 to improve the return on County’s investments; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the County of Lanark enacts as follows; 1. GENERAL REGULATIONS

THAT, the Short Term Investment Policy and Procedures authorize investments of up to five years;

2. ULTRA VIRES

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

3. BY-LAWS AMENDED THAT, By-Law 2003-25 is hereby amended. 4. EFFECTIVE DATE

This By-Law will come into effect on the day on the day of its passing.



This By-Law read a first and second time this 28th day of October, 2009. This By-Law read a third time and finally passed this 28th day of October, 2009. ______________________ ____________________ Cathie Ritchie, Clerk Paul Dulmage, Warden



A BY-LAW AUTHORIZING A REVENUE SHARING AGREEMENT BETWEEN

THE TOWN OF SMITHS FALLS AND THE COUNTY OF LANARK (BOUNDARY ADJUSTMENT SMITHS FALLS & MONTAGUE)

WHEREAS, pursuant to sections 172 and 173 of the Municipal Act, S.O. 2001, Chapter 25, and amendments thereto, a municipality may make a restructuring proposal to annex part of a municipality to another municipality by submitting to the Minister a restructuring agreement;

AND WHEREAS, the terms of the Boundary Adjustment Agreement have been negotiated and agreed upon between the Township of Montague, the Town of Smiths Falls and the County of Lanark to be forwarded to the Minister of Municipal Affairs and Housing for approval effective December 31st, 2009l;

AND WHEREAS, the terms of the Revenue Sharing Agreement have been negotiated and agreed upon between the Town of Smiths Falls and the County of Lanark attached as Schedule “A”;

NOW THEREFORE BE IT RESOLVED THAT, the Council of The Corporation of the County of Lanark enacts as follows: 1. GENERAL REGULATIONS

1.1 THAT, pending the Minister’s approval of the Boundary Adjustment Agreement, the Warden and Clerk are hereby authorized, in the name of the Corporation of the County of Lanark, to sign and execute the Revenue Sharing Agreement between the Corporation of the Town of Smiths Falls and the Corporation of the County of Lanark attached as Schedule “A” forming part of this By-Law.

. 2. ULTRA VIRES


4. EFFECTIVE DATE

This By-Law will come into effect midnight December 31st, 2009.



SCHEDULE “A”

REVENUE SHARING AGREEMENT

Between

THE CORPORATION OF THE TOWN OF SMITHS FALLS (hereinafter referred to as “the Town”)

and

THE CORPORATION OF THE COUNTY OF LANARK (hereinafter referred to as “the County”)

WHEREAS the parties have agreed to request that the Minister of Municipal Affairs and Housing issue a Restructuring Order effective December 31, 2009, AND WHEREAS the Restructuring Order will have the affect of realigning the municipal boundary between the Town and the County, AND WHEREAS the realigned boundary will transfer to the Town municipal jurisdiction over the property known locally as the “Rideau Regional Centre” and will transfer municipal jurisdiction and ownership of the section of County Highway 43 bordering on the lands known as the Rideau Regional Centre, NOW THEREFORE BE IT AGREED that, in consideration of the municipal jurisdictional rights and transfer of ownership provisions the County is surrendering to the Town the portion of road designated and described as Lanark County Road 43 at its point of commencement at Queen Street in Lot 29, Concession 3, Geographic Township of Montague to the south east corner of Part 1 Registered Plan of Survey 27R9498; and further the parties have mutually agreed that the Town will pay to the County the following amounts:

a) Provided the Province continues to pay for 2010, 2011, and 2012 the amount in Lieu of Taxes and Heads & Beds Tax that they paid in 2009, an annual payment of Fifty Thousand Dollars ($50,000) for the years 2010, 2011, and 2012 at which time the Town’s obligation to the County will be complete, or

b) Should the Province not pay the amounts outlined in a) above, the Town will

pay an annual payment of Sixteen Thousand Dollars ($16,000) for the years 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019 at which time the Town’s obligation to the County will be complete, or

c) Should the Province cease paying the amounts described in a) above in 2011

or 2012, the Town would have the option of continuing to pay the Fifty Thousand Dollar ($50,000) payments in those years, or revert to the $16,000 per year until the total balance of $160,000 is paid.


PAYMENTS will be due by November 30 of each year with late payments subject to interest of 1.25% per month. Signed this day of , 2009 _______________________________ ______________________________ Dennis Staples, Mayor Paul Dulmage, Warden Town of Smiths Falls County of Lanark _______________________________ ______________________________ Kerry Costello, Clerk Cathie Ritchie, Clerk Town of Smiths Falls County of Lanark



A BY-LAW TO AMEND BY-LAW 81-23 (AS PREVIOUSLY AMENDED)

A BY-LAW ADOPTING A PLAN OF COUNTY ROAD IMPROVEMENT AND ESTABLISHING A COUNTY ROAD SYSTEM

(COUNTY ROAD 43 - BOUNDARY ADJUSTMENT SMITHS FALLS & MONTAGUE)

WHEREAS, pursuant to sections 52 and 53 of the Municipal Act, S.O. 2001, Chapter 25, and amendments thereto, a municipality has the power to transfer road jurisdiction from one municipality to another municipality;

AND WHEREAS, the terms of the Boundary Adjustment Agreement have been negotiated and agreed upon between the Township of Montague, the Town of Smiths Falls and the County of Lanark and will be forwarded to the Minister of Municipal Affairs and Housing for approval;

AND WHEREAS, the terms of the Revenue Sharing Agreement have been negotiated and agreed upon between the Town of Smiths Falls and the County of Lanark;

AND WHEREAS, the part of County Road 43, shown in Schedule “A”, will be located within the newly acquired limits of the Town of Smiths Falls and therefore is deemed expedient to transfer the road from the County to the Town;


1.1 THAT, the portion of road designated and described as Lanark County Road 43 at its point of commencement at Queen Street in Lot 29, Concession 3, Geographic Township of Montague to the south east corner of Part 1 Registered Plan of Survey 27R9498 attached as Schedule “A” shall be removed from the County Road system pending the Minister’s approval of the Boundary Adjustment Agreement.

1.2 THAT, the Warden and Clerk are hereby authorized, in the name of the

Corporation of the County of Lanark, to sign and execute documents, as necessary, to effect conveyance of the part of County Road 43, shown in Schedule “A”, to the Corporation of the Town of Smiths Falls.

1.3 AND THAT, Schedule “A” forms part of this By-Law.

2. ULTRA VIRES



3. AMENDING AND REPEALED BY-LAWS

Amending the Schedule to the established By-Law No. 81-23 as amended by By-Law No’s 87-24, 94-42, 97-33, 98-06, ,2000-23 (repealed) and 2000-28.

4. EFFECTIVE DATE

This By-Law will come into effect midnight December 31st, 2009.




SCHEDULE “A”



A BY-LAW AUTHORIZING A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN

THE TOWN OF SMITHS FALLS, TOWNSHIP OF MONTAGUE AND THE COUNTY OF LANARK

WHEREAS, pursuant to sections 172 and 173 of the Municipal Act, S.O. 2001, Chapter 25, and amendments thereto, a municipality may make a restructuring proposal to annex part of a municipality to another municipality by submitting to the Minister a restructuring agreement;

AND WHEREAS, the terms of the Boundary Adjustment Agreement have been agreed upon between the Township of Montague, the Town of Smiths Falls and the County of Lanark to be forwarded to the Minister of Municipal Affairs and Housing for approval attached as Schedule “A”.


1.1 THAT, the Warden and Clerk are hereby authorized in the name of the Corporation of the County of Lanark, to sign the Boundary Adjustment Agreement between the Corporation of the Town of Smiths Falls, the Corporation of the Township of Montague and the Corporation of the County of Lanark attached as Schedule “A” forming part of this By-Law.

. 2. ULTRA VIRES


4. EFFECTIVE DATE

This By-Law will come into effect on the day of its passing.



THE CORPORATION OF THE COUNTY OF LANARK

SCHEDULE “A” TO BY-LAW 2009-51

BOUNDARY ADJUSTMENT AGREEMENT AMONG: THE CORPORATION OF THE TOWN OF SMITHS FALLS, “hereinafter referred to as Smiths Falls” and THE CORPORATION OF THE COUNTY OF LANARK, “hereinafter referred to as Lanark” and THE CORPORATION OF THE TOWNSHIP OF MONTAGUE, “hereinafter referred to as Montague” INTRODUCTION: Smiths Falls, Lanark, and Montague (the affected municipalities) have negotiated an agreement among them for the transfer of land (the annexed lands), located in Montague and Lanark, to Smiths Falls by way of a restructuring proposal pursuant to sections 172 and 173 of the Municipal Act S.), 2001, Chapter 25. This document sets out the agreement among the municipalities. THIS DOCUMENT WITNESSES that in consideration of the mutual covenants and agreements contained herein, and subject to the terms and conditions contained herein, the municipalities agree as follows: 1.0 EFFECTIVE DATE AND IMPLEMENTATION:

1.1 This agreement is deemed to constitute a restructuring proposal, which will be submitted to the Minister of Municipal Affairs and Housing (the Minister) for implementation, effective December 31, 2009 (the effective date). The Minister is authorized by the municipalities to implement those provisions of this agreement that the Minister has authority to implement. The municipalities agree that all of the provisions of this agreement are binding upon them, whether contained in the Minister’s Order or otherwise.

2.0 LANDS TO BE ANNEXED


2.1 This Boundary Adjustment Agreement concerns a proposed annexation of part of

Montague, in Lanark County, to Smiths Falls as follows:

2.1.1 The land as offered by Montague to Smiths Falls, generally described as shown on Schedule “A” attached hereto and more specifically described as follows:

Part of Lots 27, 28, and 29, Concession 2 Part of Lots 27, 28, 29 and 30, Concession 3 Part of Road Allowance Between Concessions 2 and 3 Township of Montague County of Lanark More particularly described as Parts 1, 2, 3, 4, 5 and 6 on Reference Plan 27R-9498

Which lands are referred to in this agreement as “the annexed lands”.

2.2 This Boundary Adjustment Agreement concerns a proposed annexation of part of

County Highway 43 in Lanark to Smiths Falls as follows:

The land as offered by Lanark to Smiths Falls, generally described as shown on Schedule “B” attached hereto and more specifically described as follows:

The portion of road designated and described as Lanark County Road 43 at its point of commencement at Queen Street in Lot 29, Concession 3, Geographic Township of Montague 853 metres to the south east corner of Part 1 Registered Plan of Survey 27R9498 Which lands are referred to in this agreement as “the annexed lands”.

2.3 The municipalities agree as follows:

i) that it is in their mutual interest to facilitate an annexation of the lands from Montague and Lanark to Smiths Falls in order to encourage development of the land.

3.0 REPRESENTATION

3.1 At present there are no qualified municipal voters in the subject land but should development take place, the annexed land shall be located in Smiths Falls as of the effective date and the residents of the annexed lands shall be entitled to vote in Smiths Falls in the regular municipal elections commencing November, 2010 in accordance with the Municipal elections Act, 1996.

4.0 COMPENSATION


4.1 Smiths Falls and Lanark have entered into a mutually acceptable compensation

arrangement under a separate agreement that does not form part of this Agreement.

4.2 Smiths Falls and Montague have entered into a mutually acceptable compensation

arrangement under a separate agreement that does not form part of this Agreement.

5.0 PROVISION OF MUNICIPAL SERVICES

5.1 5.1 Smiths Falls will assume all responsibility for the provision of municipal services including but not limited to roads, sewer, water, police protection, and fire protection to the annexed land and the said municipal services shall become the responsibility of Smiths Falls on the effective date of the annexation as contained in the Minister’s Order. Smiths Falls will have the sole right to negotiate the provision of municipal services including all costs associated with the owners of the annexed land.

6.0 STUDIES, PLANS, RECORDS

6.1 Montague and Lanark will transfer to Smiths Falls any studies, plans, records, designs or similar material that it has prepared and that are public in nature and relate to the annexed land.

6.2 Montague and Lanark agree that after the effective date they will continue to

cooperate with Smiths Falls by providing such supporting information and documentation that is in their possession or under their control that is requested by Smiths Falls to enable Smiths Falls to respond to development inquiries.

7.0 EMPLOYEES

7.1 There will be no transfer of employees or other staff from Montague or Lanark to Smiths Falls as a result of this restructuring.

8.0 MUNICIPAL PROPERTY OWNERSHIP TRANSFER

8.1 As a result of this agreement the municipal roadway described below will be transferred from Montague to the Town.

Part of Road Allowance Between Concessions 2 and 3 Township of Montague County of Lanark More particularly described as Parts 3 and 4 on Reference Plan 27R-9498

8.2 As a result of this agreement the municipal roadway described below will be

transferred from Lanark to the Town.


The portion of road designated and described as Lanark County Road 43 at its point of commencement at Queen Street in Lot 29, Concession 3, Geographic Township of Montague 853 metres to the south east corner of Part 1 Registered Plan of Survey 27R9498

8.3 Any securities, letters of credit or similar instruments that are held in trust by Lanark or Montague with respect to any Site Plan Agreements, Subdivision Agreements or any other development agreements in the annexed land shall vest in Smiths Falls as of the effective date and documentation related thereto shall be transferred to Smiths Falls prior to February 1, 2010.

9.0 LIABILITIES

9.1 Except as specifically provided for in this agreement, any liabilities, obligations or responsibilities that Montague or Lanark may have that relate to the annexed land shall be transferred to Smiths Falls as of the effective date. Montague and Lanark are not aware of any litigation that relates to the annexed land.

9.2 Any litigation commenced prior to the effective date, or after the effective date with

respect to matters that occurred prior to the effective date with respect to the annexed lands, remains the obligation of Montague or Lanark as the case may be.

10.0 MUNICIPAL BY-LAWS AND OFFICIAL PLANS

10.1 Any comprehensive Zoning By-law or amendments thereto, or site plan control by-laws, passed pursuant to section 34 or 41 or predecessor of those sections of the Planning Act, or any Official Plan or amendments thereto of Lanark or Montague that have been approved or adopted for the annexed land pursuant to the provisions of the Planning Act shall be deemed to be part of the Zoning By-Law and Official Plan for Smiths Falls as of the effective date and shall remain in full force and effect in the annexed land until amended or repealed or otherwise replaced by Smiths Falls pursuant to the provisions of the Planning Act.

10.2 Any application to amend the Comprehensive Zoning By-law or the Official Plan for

Montague that was initiated prior to the effective date for the annexed land shall be continued by Smiths Falls having regard for the Zoning By-law and Official Plan for Montague, whichever is applicable..

10.3 Save and except as provided for in Sections 10.1 and 10.2, and this paragraph,

any By-laws and Resolutions of Smiths Falls shall come into force and take effect in the annexed land as of the effective date save and except for Montague By-laws and County By-laws passed pursuant to the Highway Traffic Act or the Municipal Act, that regulate the use of highways by vehicles or pedestrians, which establish speed limits or parking restrictions within the annexed land or that regulate the encroachment or projection of buildings or any portion thereof upon or over highways, By-laws of Montague or Lanark passed under Section 45, 58, or 61 or a predecessor of those sections of the Drainage Act, By-laws passed under Section 10 of the Weed Control Act, and By-laws conferring rights, privileges, franchises, immunities or exemptions that could not have been lawfully repealed by the


Council of Montague or Lanark, as the case may be, which By-laws shall be deemed to be By-laws of Smiths Falls and shall remain in force and effect until amended or replaced by the Council for Smiths Falls.

11.0 DISPUTE RESOLUTION

11.1 Mediation: A dispute arising out of the interpretation of this agreement may be resolved through mediation by way of a mediator agreed to by the municipalities to this agreement. If the municipalities cannot agree on a mediator or the dispute is not resolved through the mediation, the matter in dispute shall be referred to arbitration as set out in Section 11.2 below.

11.2 Arbitration: A dispute arising out of the interpretation of this agreement may be

referred to arbitration to resolve the dispute in accordance with the provisions of the Arbitration Act, 1991. The appointment of the arbitrator and the conduct of the arbitration will be governed by the provisions of the Arbitrations Act, 1991.

11.3 Where a dispute has been referred to arbitration under subsection 2, the decision

of the arbitrator shall be final.

11.4 The costs associated with mediation or arbitration proceedings under this section shall be shared equally between the municipalities if only two municipalities are parties to the mediation or arbitration, and shall be paid fifty percent by Smiths Falls and the balance of the costs shared equally between Montague and Lanark if the three municipalities are parties to the mediation or arbitration.

12.0 OTHER PROVISIONS

12.1 This agreement is conditional upon the issuance of an Order by the Minister implementing the restructuring proposal submitted by the municipalities.

13.0 BINDING AGREEMENT

13.1 The municipalities agree that all provisions of this agreement, inclusive of Schedules “A” and “B” attached hereto, whether or not they are contained in the Minister’s restructuring order, are binding on the municipalities.

14.0 SIGNATURES

14.1 The municipalities, by the respective persons authorized by by-law on behalf of Montague, Lanark, and Smiths Falls, are executing this agreement under seal.

DATED this day of , 2009


The Corporation of the Township of Montague _______________________________________ Reeve John MacTavish _______________________________________ Montague Clerk-Administrator Murray Hackett The Corporation of the County of Lanark _______________________________________ Warden Paul Dulmage _______________________________________ Lanark County Clerk Cathie Ritchie The Corporation of the Town of Smiths Falls _______________________________________ Mayor Dennis Staples _______________________________________ Smiths Falls Clerk Kerry Costello

Schedule “A”


Bradley Rd

Highway 43 Highway 43

Highw

ay 43

Highway 43

Roger S

teve

Alice St Alice St

First S

t

Lila St

Matheson Dr

Bay

view

Ln

Dufferin

St

Harper Condie Rd

Rideau Ave North

Hutton Rd

Atironto

SUBJECT PROPERTY The subject property within the Township is highlighted in black.

Schedule “B”

Smiths Falls


SUBJECT PROPERTY The subject property (County Highway 43) is indicated in Blue.

THE CORPORATION OF THE COUNTY OF LANARK


BY-LAW NO. 2009-52

A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE COUNTY OF LANARK AT ITS MEETINGS HELD ON THE

7th, 14th, & 28th DAYS OF OCTOBER, 2009

WHEREAS, by Section 5 of the Municipal Act, 2001, S.O. 2001, c. 25, the powers of a municipal corporation are to be exercised by its Council; AND WHEREAS, Subsection 2 of Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, the powers of every Council are to be exercised by By-Law; AND WHEREAS, it is deemed expedient that the proceedings of the Council of the Corporation of the County of Lanark at its meetings be confirmed and adopted by By-Law; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the County of Lanark enacts as follows; 1. The action of the Council of the Corporation of the County of Lanark at its meetings

held on the 7th, 14th and 28th of October, 2009 in respect of each recommendation contained in the reports of the Committees and each motion and resolution passed and other action taken by the Council of the Corporation of the County of Lanark at its meetings is hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law.

2. The Warden and proper officials of the Corporation of the County of Lanark are hereby

authorized and directed to do all things necessary to give effect to the action of the Council of the Corporation of the County of Lanark referred to in the preceding section hereof.

3. The Warden and Clerk are authorized and directed to execute all documents

necessary in that behalf and to affix thereto the seal of the Corporation of the County of Lanark.

By-Law read a first and second time this 28th day of October, 2009. By-Law read a third time and finally passed this 28th day of October, 2009. _______________________ _____________________ Cathie Ritchie, Clerk Paul Dulmage, Warden

county of lanark lanark county municipal ...council+$!26...v) corporate services: october 14th, 2009...

Documents