corporation of the municipality of brighton box 189

MEETING DATE: September 7, 20047:00P.M.

1. CALL TO ORDER-

APPROVAL OF AGENDA -

2. APPROVAL OF MINUTES

3. DECLARATIONS OF PECUNIARY INTERESTS

4. DELEGATIONS1. 1133-20042. 1135-20043. B36-20044. B37-20045. B38-2004

& 11 34-2004 - Patricia Higgins- Kate Gordon-Lee- Shirley IrvineGordon Tobey DevelopmentsWilliam & Ann Hazlewood & Ron & Sue Haziewood

5. STAFF UPDATESa) Chris Boutilier - Director of Administrative Services

b) Jim Phillips - Director of Public Worksc) P’rn O’Neill - C.A.O.

I-—

6. UNFINISHED BUSTNiSS -

a) Boat at Roger’s Roadb) Princess Street

7. NEW BUSINESS -

B. RESOLUTIONS & BY-LAVS -

1. Approval of Accounts2. By-Law Number 244-20043. By-Law Number 245-2004

4. By-Law Number 246-2004

5. By-Law Number 247-2004

6. By-Law Number 248-20047. By-Law Number 249-2004

Amend By-Law 140-2002Subdivision Agreement - Dick RoosSubdivision Agreement - Gordon TobeyAssume Certain Parts of Iroquois Avenue

Development ChargesAuthorize Signing of OPP Contract

9. REPORTS OF COMMITTEES AND BOARDS -

1. LTC - August 12/042. Emergency Planning - August 12/04

3. PSB-July28/044. Culture & Events - August 18/045. BLLC - June 2/046. Mt. Hope Cemetery - August 19/04

7. Committee of Whole - August 3 0/04

Ministry of Agriculture & Food - Panel Discussion September 28/04 Belleville

Town of North Perth - BSE ®Town of North Perth - Municipal Outlet Drainage Program

Municipality of Kincardine ® Municipal Outlet Drainage Program

Township of South-West Oxford® Municipal Outlet Drainage Program

Municipality of Chatham-Kent ® Municipal Outlet Drainage Program

Town of Lakeshore® Municipal Drainage Outlet Program

Town of Kingsville ® Municipal Drainage Outlet Program

Township of Otonabee-South Monaghan ® Two Hatters

Canada Day Grant - Return of Thnds not used

Public Water Tap PetitionNational Air Force Museum - Pledge

Breakfast with Honourable David Caplan

Township of North Frontenac - ® Is There a Future for Rural Ontario?

Township of Wainfleet ® Municipal Outlet Drainage Program

CORPORATION OF THE MUNICIPALITY OF BRIGHTONBOX 189, B1UGHTON,ONT. KOK 1HO

- AGENDA -

TIME:

10. CORRESPONDENCE—

1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.

2

AGENDA - Municipality of Brighton - Jan. 16/2001

16. Township of South Stormont ® Municipal Outlet Drainage Program17. Hope Township Community Policing - Invite to OPP Headquarters18. Ontario Parks - Invite to Meeting October 15/0419. Trenton Memorial Hospital Aux. - Invite to Conference Sept. 23/0420. Ken Chambers - Appearance of Brighton21. Invite Hospice Lakeshore 101h Anniversary & Volunteer Celebration22. Lower Trent - Seeking Support23. Mi of Citizenship & Immigration - Proclaim Canada’s Citizenship Week24. Brighton & District Chamber of Commerce - Special Occasion Pennit

F.Y.I. Correspondence1. Ontario - Landmark Cooperation Agreement2. AIvIO - Health Privacy Legislation November l3. Fair Air Association of Canada - Designated Smoking Areas4. Medical Officer of Health5. Northumberland United Way6. Brighton DBIA - Street Dance7. Ontario - Fairness & Choice for Employees 65 & Over8. Mm. of Municipal Affairs - Protecting Green Space9. Mm. of Finance - McGuinty Govt Renews Public Infrastructure10. Ontario East Conference - Hon. John Gerretsen to Address Delegates11. Waterfront Trail News12. Quinte West/Brighton Healthcare Advisory Miiiutes - May 27/04

11. MISCELLANEOUS -

10 MINUTE CITIZEN FORUM

“IN CAMERA SESSION”

- ADJOURNMENT -

1-- 4-

STATUTORY PUBLIC MEETING OF

MUNICIPALITY OF BRIGHTON

AT MUNICIPAL OFFICE35 ALICE STREET

BRIGHTON, ONTARIO 1DATE - SEPTEMBER 7, 2004 TIME - 7:00 P.M.

- AGENDA -

1. CALLTOORDER

Tins evening we have one pnblic meeting regarding amendments to the Municipality’s

comprehensive zoning by-law.

2. PURPOSE OF THE FIRST STATUTORY PUBLIC MEETING -

The purpose of the public meeting is to request comments on a proposed Zoning By-law

Amendment for the following application:

File No: Zoning By-Jaw No. 244-2004

Applicant: Jamie David Balesdent

Location: Part of Lots 27 and 28, Concession 2

East End of Long Reach Road

a) Notice of Meetinc

Mr. Hurford - By what method and on what date was notice of this proposed by-law given?

Notice ofthis public meeting was sent byfirst class mad on August 18” 2004, to al/proper/v

owners within 120 metres of the subject property. A sign notice was also posted on the

property on the same day.

b) fjppse of the New Zoning By-law - -

Mr. Hurford - Would you explain the purpose and reason for the proposed zoning by-law

amendment and what it would accomplish?

The lands subject to the zoning bv-knt’ amendment are situated in Pad ofLots 27 and 28,

Concession 2, along the east end ofLong Reach Road, in the Municipality ofBrighton.

The purpose ofZoning By-lrnv No. 244-2004 is to change the zoning of the subject landsfrom the

froiii the Reiml (RU) Zone and the Rural Kvception No. 1 (RU-I,) Zone to the Rural Exception

No. 13 (RU-13,) Zone, the Rural Exception No. 14 (RU-14,) Zone and the Environmental

Protection (‘EP,) Zone. The Rural Evception No. 13 (RU-13) Zone would recognize a 5.5-acre

2

(2.24-hectare,) lot created by consent application B32-2004. The B U-13 would also permit akennel on tins parcel. The Rural Exception No. 14 (1? U-14) Zone would permit a kennel on theretainedparcel of 166 acres (67 hecta;-esj The Environmental Protection (ER) Zone is’ozdd beestablished adjacent to ivatercourses andponds on the subject lands, as ident (fled by LowerTrent Conservation during their review of consent application B32—2004.

The effect ofZoning By-law No. 244-2004 is to recognize both the severed and retained parcels(Consent B32-2004,) as nu-al lots and to add a kennel as a pennitted usefor each parcel.

c) Does the Applicant or an Agent wish to make any comments?

d) Are there persons present who wish to Support the proposed By-law?

e) Are there persons present who wish to Oppose the proposed By-law?

0 Are there persons present who wish to ask questions regarding the proposed By-law?

g) Does the Applicant or an Agent wish to make any final comments?

3. CLOSE STATUTORY PUBLIC MEETING

Remind the public that while the public meeting under the Planning Act has beenclosed, they are welcome to stay for the regularly scheduled meeting of Council.

r —

PLANNTNG REPORT

TO: Brighton Council

RE: Zoning By-law No. 244-2004Part of Lots 27 & 28, Concession 2, East End of Long Reach RoadMunicipality of Brighton

APPLICANT: Jamie David Balesdent

Date: September 1, 2004

Background

The applicant, Jamie Balesdent was granted provisional consent (B32-2004) on August 16, 2004,

to sever a new rural lot from his property. The proposed new lot would have an area of

approximately 5.54 acres (2.24 hectares) and a frontage of approximately 150 feet (45 metres) on

Long Reach Road. The lot to be retained would have an area of 166.35 acres (67.3 hectares).

There is a one-story dwelling and a barn plus a couple of other small out buildings on the lot to

be severed. The lot to be retained is vacant. There is currently a licensed dog kennel facility

operating on the subject lands. The lands subject to this application are currently zoned Rural

(RU) and Rural Exception No. 1 (RU-i).

The rezoning application requests that the lot to be severed be zoned to a Rural Zone that would

recognize the lot area and frontage and permit a kennel operation. The application requests that

the lot to be retained be rezoned to permit a kennel operation.

Lower Trent Conservation Authority during their review of Consent Application 1132-2004

identified watercourses and ponds on the subject lands. Lower Trent requested that these areas

be placed in an Environmental Protection Zone to restrict development in these areas.

Application 832-2004 was granted provisional consent on August 16” 2004 subject to the

following condition:

1. That the severed and retained parcels be rezoned to appropriate Rural (RU) Zones and that

Environmental Protection (EP) zoning be established adjacent to watercourses and ponds as

set out in Lower Trent Conservation’s August 16, 2004 letter.

The location of the subject lands is illustrated on the attached location map.

Official Plan

The lands subject to the rezoning application is designated as Rural Area in the Official Plan of

the former Township of Brighton. The lot to be severed is within the Rural Area. Section 6.17.1

of the Official Plan states that:

The Rural Area designation on Schedule “A and Schedule ‘A-I’ is designed for

areas which generally have soils with a lower capability for agriculture than

lands in the Agricultural Area designation, and which therefore are not as

essential for the maintenance and protection of an environment conducive to a

‘4

By-law No. 244-2004, Balcsdent 2Part of Lots 27 & 28, Concession 2, East EHCI of Long Reach RoadMunicipality of Brighton

strong agriculture industry in the Township. As a result, lands in the Rural Areadesignation can accommodate a greater range of rural uses in addition toagriculture, including non-farm rural residential uses.

Section 6.17.3 of the Official Plan sets out a number of secondary uses that may he permitted inthe Rural Area. Specifically Section 6.17.3 xii states that secondary uses, which may hepermitted in the Rural Area designation, include:

xii. A non-farm residential or estate lot or lots for one single detached, semidetached or duplex dwelling on each lot, subject to the policies of Section 7 andan amendment to the Zoning By-law.

Zoning By-law

The subject lands are zoned as Rural (RU) and Rural Exception No. 1 (RU-i) in theComprehensive Zoning By-law. The lot requirements of the Rural (RU) Zone are 90.0 metres(295 feet) of frontage and 10 hectares (24.7 acres). The lot to be severed is situated within thearea that is zoned Rural. The proposed use of the severed parcel is for rural purposes including asingle detached dwelling and a kennel operation. The lot to be severed does not meet theminimum lot requirements of the Rural (RU) Zone.

The zoning amendment would change the zoning on the subject lands from the Rural (RU) Zoneand the Rural Exception No. 1 (RU-i) Zone to the Rural Exception No. 13 (RU-13) Zone, theRural Exception No. 14 (RU-14) Zone and the Environmental Protection (EP) Zone. The RuralException No. 13 (RU-13) Zone would recognize a 5.5-acre (2.24-hectare) lot created by consentapplication 832-2004. The RU-i3 would also permit a kennei on this parcel. The RuralException No. 14 (RU-14) Zone would permit a kennel on the retained parcel of 166 acres (67hectares). The Environmental Protection (EP) Zone would be established adjacent towatercourses and ponds on the subject lands, as identified by Lower Trent Conservation duringtheir review of consent application B32-2004.

Roads

Both the severed and retained lots would have frontage on and access from Long Reach Road.The Rural Zone requires a minimum lot frontage of 90 metres (295.3 feet) on an opened andmaintained road. The lot to be retained will meet this requirement once the required cul-de-sachas been completed and turned over to the Municipality.

Agency Comments

As of the date of this report, no written comments have been received. Lower TrentConservation has indicated that the Environmental Protection (EP) Zone in the draft by-lawappears to meet their request.

By-law No. 244-2004, Balesdent 3

Part of Lots 27 & 28, Concession 2, East End of Long Reach Road

Municipality of Brighton

Conclusion

The subject rezoning application is a condition on the provisional approval of Consent 332-2004.

By-law 244-2004 conforms to the policies of the Official Plan for the former Township of

Brighton and thifills the zoning related condition of the Consent decision.

Recommendation

It is recommended that the Council pass By-law No. 244-2004 to change the zoning of the

subject lands from the Rural (RU) Zone and the Rural Exception No. I (RU-I) Zone to the Rural

Exception No. 13 (RU-13) Zone, the Rural Exception No. 14 (RU-14) Zone and the

Environmental Protection (EP) Zone.

Mydocuments\Rezoning\2004\BalesdenL\Reporl

LOCATION MAPPROPQSED ZONING BY-LAW AMENDMENTPart of Lots 27 and 28, Concession 2251 Long Reach RoadApplicant: Jamie David Balesdent

APPROXIMATE AREA TOBEIREZONED TO RURAL EXCEPTIOINO.13 (RU-13) ZONE

APPROXIMATE AREA TO BEREZONED TO RURAL EXCEPTION

1.14) ZONE

PROXIMATEKREA TO BEREZONED TO ENVIRONMENTALPRO’

coc.ss\Ot’ 2.

7.1

CORPORATION OF TUE MUNICIPALITY OF BRIGHTON

BY-LAW NUMBER 244-2004

BEING A BY-LAW UNDER THE PROVISIONS OF SECTION 34 OF ThE PLANNING ACT, RS.0.,

1990, TO AMEND BY-JAW NO. 140-2002, As OTHERWISE AMENDED, OF THE CORPORATION OF

TUE MUNICIM’rrY OF BRIGHTON AS IT APPLIES TO CERTAIN LANDS LOCATED IN PART OF

LOTS 27 AND 28, CONCESSION 2, FROM THE RURAL (RU) ZONE AM) THE RURAL EXCEPTION

NO. 1 (RU-i) ZONE TO THE RURAL EXCEPTION NO. 13 (RU-13) ZONE, THE RURAL EXCEPTION

NO. 14 (RU-14) ZONE AND THE ENVUWNIWENTAL PROTECTION (EP) ZONE IN THE

MUNICWALITY OF BRIGHTON, IN THE COUNTY OF NORTHUMBERLAND.

WHEREAS By-law No. 140-2002, as othenvise amended, the “Comprehensive Zoning By-law’ of the Municipality

of Brighton was passed under the authority of Section 34 of the Pianning Act, REQ., 1990, as amended;

AND WHEREAS the Council of the Corporation of the Municipality of Brighton has received an application to

amend By-law No. 140-2002 as it applies to certain lands in Part of Lots 27 and 28, Cnncession 2;

AND WFIEREAS the Council of the Corporation of the Municipality ofBrighton conducted a public meeting in

regard to this application, as required by Section 3402) of the FlanningAct, £8.0., 1990, as amended;

AND WHEREAS the Council of the Corporation of the Municipality of Brighton deenis it expedient to amend

fly-law No. 140-2004, as otherwise amended, with respect to the above described lands, and under the provisions

of Section 34 of the PlanningAct, £80,, 1990, as amended, has the authority to do so.

NOW THEREFORE, the Municipal Council of the Corporation of the Municipality of Brighton ENACTS AS

FOLLOWS:

1. THAT Section 8.4.1 ofsy-lawNo. 140-2002, as amended, is herebyflirthier amended by the addition of the

following subsection:

“841J3 RU-13 Zone: Part of Lots 27 & 28, Concession 2

Notwithstanding the provisions of the Rural (RU) Zone to the contrary and ‘m addition

to the permitted uses of the Rural (RU) Zone, for lands designated “RU-13” on Map 19

of Schedule “A” the following provisions shall apply:

i) Minimum lot area 2.4 hectares

ii) Minimum lot frontage 45 metres

iii) A kennel shall be permitted, subject to nfl applicable municipal regulations.

8.4.1.14 RU-14 Zone: Part of Lots 27 & 28, Concession 2

In addition to the permitted uses of the Rural (RU) Zone, for lands designated “RU-14”

on Map 19 of Schedule “A” the following provisions shall apply:

I) A kennel shall be permitted, subject to all applicable municipal regulations.”

2. THAT Schedule “A0, Map 2 to By-law No. 140-2002, as amended, is hereby further amended by changing the

zoning category of cena’m lands in Part of Lots 27 and 28, Concession 2 from the Rural (RU) Zone and the

Rural Exception No. I (RU-I) Zone to the Rural Exception No. 13 (RU-l3) Zone, the Rural Exception No. 14

(RU- 14) Zone and the Environmental Protection (EP) Zone as shown on Schedule “A” attached hereto and by

this reference forming part of tIns By-law.

3. THAT By-law No. 140-2002, as amended, shall, except as set out in the foregoing, remain in flaIl force and

effect.

4. THAT this By-law shall come mb force on the dale it is passed by the Council of ll,e Corporation of the

Municipality of Brighton, subject to the applicable provisions of the Planning Act, KS.0., 1990, as amended.

READ A FIRST AND SECOND TIME, READ A THIRD liME AND

FINALLY PASSED THIS 7th DAY OF SEFrEMBER, 2004

MAYOR

CLERK

— S

URBAN RESIDENTIAL ONE ZONEURBAn RESIDENTIAL TWO ZONEURBAN RESIDENTIAL THREE ZONERURAL RESIDENTIAL ZONEHAMLET RESIDENTLALZONESHOREUNE RESIDENTIAL ZONELOCALCOMMERCIAL ZONECORE AREA ZONEHIGHWAY COMMERCIALZONERECREATIONAL COMMERCIAL ZONEGENERAL INDUSTRIAL ZONERURAL INOUSTRIAL ZONEEXIRACTrVE INDUSTRIAL ZONERURAL ZONEAGRICULTURAL ZONEOPEN SPACE ZONECOMMUNITY FACILITIY ZONEENVIRONMENTAL PROTECTION ZONEFUTURE DEVELOPMENT ZCNEFLOODPLAIN AREA ZONEFLOODPRONE AREA ZONERESOURCE RESERVE AREA ZONEHOLDING ZONEWAVE UFRUSH REOUREMENT

AREA TO BE REZONED TO RURALEXCEPTION NO.14 (RU.14J ZONE

SCHEDULE ‘A1 TO BY-LAW NO. 244-2004

LEGEND

AREATO BE REZONED TO RURAL——

— EXCEPTION NO.13 (RU-fl) ZONE

HiR2R3RHHRSHRLCCANCRCMiM2EMRUAOSCFEPFD

HU

AREA TO BE REZONEO To ENVIRONMENTALPROTECTION (EP) ZONE

Municipality of BrightonZoning By-law

Schedule A Map 19

MUNICIPALITY OF BRIGHTONBY-LAW NO. 244-2004, PASSED

THIS 70 DAY OF SEPTEMBER 2004

MAYOR

CLERK

STATUTORY PUBLIC MEETING OFMUNICIPALITY OF BRIGHTON


• BRIGHTON, ONTARIO• DATE - SEPTEMBER 7, 2004 TIME - 7:00 P.M.

- AGENDA -

1. CALL TO ORDER-

This evening we have a public meeting called under the Development Charges Act,regarding a new Development Changes By-law for the Municipality of Brighton.

2. PURPOSE OF THE STATUTORY PUBLIC MEETING -

The purpose of the public meeting is to request comments on a proposed DevelopmentCharges By-law, By-law No. 248-2004:

a) Notice of Meeting

Mr. Phillips - By what method and on what date was notice of this proposed by-law given?

Notice of this public meeting was advertised in the Brighton Independent on August J811 2004.

b) Purpose of the New Zoning By-law -

Mr. Barnes - Would you explain the purpose and the background of the proposedDevelopment Charges By-law?

c) Are there persons present who wish to Support the proposed By-law?

d) Are there persons present who wish to Oppose the proposed By-law?

e) Are there persons present who wish to ask questions regarding the proposed By-law?

3. REVIEW OF PROCESS ANI) APPEAL PROCESS

Mr. Barnes .. Would you please explain the remaining process with respect to the proposed bylaw? In addition, would you please explain the appeal process?

4. CLOSE STATUTORY PUBLIC MEETING

Remind the public that while the public meeting under the Development ChargesAct as been closed, they are welcome to stay for the regularly scheduled meetingof Council.

2


Summary of Development Charges by Service

The following summary of Development Charges is based on identified needs and service levels inthe municipality over the next ten years. The formula used to determine each charge is as follows:

Anticipated net capital expenditure over the planning period multiplied by the anticipated growthover the planning period divided by the projected number of new dwellings or non-residentialsquare footage.

The projected growth rate used is 16°I over 10 years or 651 new dwellings and 750,000 sq. ft. ofnew non-residential floor space.

The capital expenditure figures were provided by department heads of the various municipaldepartments.

1. Public Works

a) Road and Bridge Reconstruction

Net capital expenditure $4,000,000Residential portion (70°I) $2,800,000Non-residential portion (30°/a) $1,200,000

Residential 2,800,000 x .16 = 688.00 per dwelling651

Non-residential 1,200,00 x .16 .26 per sq. ft.750,000

b) Public Works Garage

Net capital expenditure $275,000Residential portion (70°I) $192,500Non-residential portion (30°I) $82,500

Residential 192,500 x .16 $47.00 per dwelling651

Non-residential 82,500 x .16 .02 per sq. ft.750,000

c) Prince Edward Street Grade Separation (OPTION 1)

Net capital expenditure $1,666,666Residential (70°/s) $1,166,666Non-residential (30°/s) $499,999

Residential 1,666,666 x .16 $409.00 per dwelling651

2Non-residential 499,999 x .16 = .11 per sq. ft.

750,000

Prince Edward Street Grade Separation (OPTION 2)(20 year growth scenario)

Net capital expenditure $1,666,666Residential (70°/s) $1,166,666Non-residential (30°/s) $499,999

Residential 1,666,666 x .16 $205.00 per dwelling1,300

Non-residential 499,999 x .16 .05 per sq. ft.1,500,000

d) Public Works Equipment

Net capital expenditure $2,000,000Residential (700/0) $1,400,000Non-residential (30°I) $600,000

Residential 1,400,000 x .16 $344.00 per dwelling

651


e) Municipal Water Supply (Urban Serviced Area)

Net capital expenditure $2,000,000Residential (70%) $1,400,000

Non-residential (30°I) $600,000

Residential 1,400,000 x .16 $474.00 per dwelling

390

Non-residential 600,000 x .16 = .21 per sq. ft.450,000 sq. ft.

U Municipal Sewage System (Urban Serviced Area)

Net capital expenditure - $1,000,000

Residential (70°I) $700,000Non-residential (30°/s) $300,000


3Non-residential 300,000 x. 16 = .10 per sq. ft.

450,000 sq. ft.

g) Sewage Treatment Plant (Urban Serviced Area) (OPTION 1)

Net capital expenditure $6,000,000Residential Portion (70°I) $4,200,000Non-residential Portion (30°I) $1,800,000

Residential 4,200,000 x .16 $1 723.00 per dwelling390


Sewage Treatment Plant (Urban Serviced Area) (OPTION 2)(20 year growth scenario)

Net capital expenditure $6,000,000Residential (70°I) $4,200,000Non-residential (30°Io) $1,800,000



2. Fire Protection

a) Trucks and Equipment

Net capital expenditure $1,500,000Residential (7Qo/) $1,050,000Non-residential (30%) $450,000

Residential 1,050,000x .16 $258.00 per dwelling651


b) Fire Hall Expansion

Net capital expenditure $300,000Residential (70°I) $210,000Non-residential (30°I) $90,000


4Non-residential 90,000 x .16 .02 per sq. ft.

750,000

3. Recreation

a) Net capital expenditure (excluding new arena) $500,000Residential (70°I) $350,000Non-residential (30) $150,000


Non-residential 150,000 x .16 = .03 per sq. ft.750,000

b) Arena net expenditure $2,000,000(assume 50°/a funding)

Residential (70°/s) $1,400,000Non-residential (30°/s) $600,000



4. Library

Net capital expenditure $1 50,000Residential (70°f) $105,000Non-residential (30°Io) $45,000


Non-residential 45,000 x .16 = $.01 per sq. ft.250,000

5. Protection of People and Property (Police)

The municipality’s police expenditures in 2003 were $938,906 of which $91 5,269 was forcontract services (OPP). As there is no information available to determine the capitalexpenditures by the OPP, we have assumed 10% of the total municipal expenditures forpolice services would be for capital purposes. This results in the following developmentcharge calculation for police services:

Net capital expenditure (over 10 years) $938,906Residential (70°I) $657,234Non-residential (30%) $281,671

5Residential 657,234 x .16 $161.00 per dwelling651

Non-residential 281,671 x .16 = .06 per sq. ft.750,000

SUMMARY OF DEVELOPMENT CHARGES (OPTION 1)

SERVICE DEVELOMENT CHARGE DEVEWPMENT CHARGEPER DWELLING UNIT PER SQ. FT.

(RESIDENTIAL) (NON-RESIDENTIAL)

Public Works (Option 1 for $1,488.00 .52Grade Separation)

$474.00 .21Municipal Water

$287.00 .10Municipal Sewer$1,723.00 .64Sewage Treatment Plant

(Option 1) $309.00 .10

Fire Protection $430.00 .16

Recreation $25.00 .01

Library $161.00 .06

Police

Total $4,897.00 1.80

6


OPTION 1 DEVELOPMENT CHARGES

Urban Serviced AreaRural Area

$4,897.00 per dwelling

$2,413.00 per dwelling1.80 per sq. ft..79 per sq. ft.


Urban Serviced AreaRural Area

$3,795.50 per dwelling$2,413.00 per dwelling

1.36 per sq. ft..79 per sq. ft.

Council could consider phasing in the development charge for the sewage treatment plant

over the five year period of the by-law. This would result in a first year charge of $3,142.30

for a dwelling as opposed to $3,795.50 in the urban serviced area and a non-residential

charge of $1.15 per sq. ft. The development charge could increase each year during the life

of the by-law.

SERVICE DEVELOMENT CHARGE DEVELOPMENT CHARGE

PER DWELLING UNIT PER SQ. Fl.


Public Works (Option 2 for $1,284.00 .46

Grade Separation)$474.00 .21

Municipal Water$287.00 .10

Municipal Sewer$1,723.00 .64

Sewage Treatment Plant(Option 2) $861.50 .26



Library $161.00 .06

Police

Total $3,795.50 1.36

6


SERVICE DEVEWMENT CHARGE DEVELOPMENT CHARGE

PER DWELLING UNIT PER SQ. FT.


Public Works (Option 2 for $1,284.00 .46

Grade Separation)

Municipal Water $474.00 .21

Municipal Sewer $287.00 .10

Sewage treatment Plant $861.50 .26

(Option 2)



Library $25.00 .01

Police $161.00 .06

Total $3,831.50 1.38


Urban Serviced Area $4,897.00 per dwelling 1.82 per sq. ft.

Rural Area $2,413.00 per dwelling .87 per sq. ft.


Urban Serviced Area $3,831.50 per dwelling 1.38 per sq. ft.

Rural Area $2,209.00 per dwelling .81 per sq. ft.

Council could consider phasing in the development charge for the sewage treatment plant

over the five year period of the by-law. This would result in a first year charge of $3,1 42.30

for a dwelling as opposed to $3,831.50 in the urban serviced area and a non-residential

charge of $1.17 per sq. ft. The development charge could increase each year during the life

of the by-law.

Non-residential 281,671 x .16750,000

.06 per sq. ft.


r SERVICE DEVELOMENT CHARGE DEVELOPMENT CHARGEPER DWELLING UNIT PER SQ. FT.


Public Works (Option 1 for $1,488.00 .52Grade Separation)

Municipal Water $474.00 .21

Municipal Sewer $287.00 .10

Sewage Treatment Plant $1,723.00 .64(Option 1)



Library $25.00 .01

Police $161.00 .06

Total $4,897.00 I 1.82

Residential 657,234x.16 =

651

5$161.00 per dwelling

r STATUTORY PUBLIC MEETING OFMUNICIPALITY OF BRIGHTON


BRIGHTON, ONTARIODATE — August 4, 2004 TIME - 7:00 P.M.

MEMBERS PRESENT: Chairperson Chuck Ward, Councillors Mazy Tadinan, Dave Dorland, Roy ffithvage, MikeVandertoom

Staff Members: Don O’Neill, Jim Phillips, Dave MacPherson

Absent: Mayor Chris Herrington, Brian Osbander

1. CALL TO ORDER

- Public Meeting called to order at 7:00 p.m. Chaired

2. DECLARATION OF PECUNIARY INTEREST

- NONE DECLARED

3. PURPOSE OF THE STATUTORY PUBLIC MEETING

The purpose of this Public Meeting is to request comments on a project being planned in accordance with theprocedures set out in the Municipal Class Environmental Assessment.

a) Notice of Meeting

Mr. Phillips-

By what method and on what date was notice of this meeting given?

Notice ofthe Public Meeting was published in local newspapers during the week ofJuly it, 2004.

b) Purpose of Public Meeting -

Mr Phillips - Would you explain the purpose of the Public Meeting?

The lvhmicipalfty ofBrighton has identified a needfor improving north south trafficflow, crossing the CN/CP raillines within the major urban area ofthe municipality. G.D. Jewell Engineering Inc., was retained to im’estigate threealternative locationsfor a grade separation, otheni’ise known as an overpass or underpass, to address this issue.

The project is being planned under Schedule “B” ofthe Municipal Class Environmental Assessment process, whichapplies to municipal infrastructure projects, including roads, water and wastewater projects. Public and agencyconsultation is a crucial component to the hA process, and the purpose of this meeting is to present the preliminaryreport prepared by the consultants and seek inputfrom the public.

Air. Phillips introduced GarryJewell and Wayne Patterson, from GD. Jnvell Engineering Inc. who presented asummary oftheir assessment.

4. SUMMARY OF ENVIRONMENTAL ASSESSMENT REPORT

Gany Jewell gave an overview of the process that had taken place to get to this point of the environmental assessmentprocess.He explained that a number of traffic study have taken place over the last few years. These studies include a core areatraffic assessment and a preliminary Grade Separation study. Mr. Jewel! also stated that public input is very important tothe environmental assessment process.Gany Jewell introduced Wayne Patterson to give a overview of each of the proposed location.

Overview of the Ontario Street Location

- major property acquisition would be required- Monk Street intersection would have to be closed- It would affect the existing commercial car wash and building suppy store- Butler Street and Butler Street West intersection would need to be modified- There would be impact on the butler creek- There are a limited number of residential properties thai would be affected.- Truck traffic would have to use Main Street to gain access to the 401- The length of the grade separation is 400 m

C

‘I

Overview of the Prince Edward Street Location

- Has the highest volume of traffic- The aligmncnt of the grade separation was altered to nflnhnize the affect on the properties to the west.

- In this option a retaining wall has been proposed to nthumize the affect on properties.

- This is the main truck traffic mute through town from the 401 to county road 64

- ‘flue length of the grade separation is 400 m- The intersection of Lyons Street and Prince Edward Street would have to be closed.

- There are properties that would need w be acquired, at least 2 on the NW side and I on the SE side and possibly

more

Overview of the Pinnacle Street Location

- The length of this proposed grade separation is 500m- The Railroad tracks are further apart at this location

- There is a stream that goes through the proposed location- No retaining wall has been proposed for this location- Property on the SE corner would be greatly affected- Poor access to the main transportation route- Intersection at Elizabeth St and Pinnacle mud also at Applewood Dr. and Loyalist Dr. would need to be

improved.

5. PUBLIC COMMENTS AND OUESTJONS

Are there persons present who wish to make comments or ask questions on the proposed pmjecL Please slate your namefor the record. Them are also forms available to submit a conuuent in writing.

Theresa Morrow stated that there would be less property to buy at the Ontario St location.

Roy Leadbeuer asked if a traffic study had been completed for the proposed areas.Wayne Paterson stated that the studies have been completed and the study shows that Prince Edward Street had the

highest traffic volume.

Bud Scriver stated the imifie stady should be done in JulyWayne Paterson explained that traffic studies takeplace at a designated lime to get a average annual rate

Don Dudley was worried about the intersection of Prince Edward St to Richardson and Gross Street. He was also

wondering what affect the grade separation would have on the 3 properties on the east side of Prince Edward between

Richardson and Gross Street.

Wayne Patterson explained that the roadgrade on Richardson and Gross St would be raised to match the new grades

ofPrince Edward St He also stated the driveways on these 3 properties could be modf/led to meet the road grades.

Theresa Morrow asked about the facto’)’ on the east side Prince Edward St between Richardson St and the tracks.

Wayne Paterson explained that a retaining ivall nill be used to minimize the affect on this property

JoIm Marley was concerned about the proposed grades and sight lines at the intersection of Prince Edward St and

Richardson St

Betty McGill stated she was concerned with the height of the proposed grade separation at all three locations.

Press asked how many properties would be affected by a retaining wall at the Prince Edward St locatiow

Wayne Patterson explained that 4properties on the South dde and 3 properties on the North side would be affected

Bill Dunk asked when will this be proposed to Transport Canada and has a cost comparison been done on the three

locations.Garry Jnvell explained that this report will make a recommendation. Coundl cat; chose to adopt the recommendation

andproceed to the next step ofthe process which is getting Transport Canada approvaL

Garry Javell stated thisprocess wasfairly straightforward because ft would be eliminating a safety concern.

Garry Jewell stated that a cost comparison has been completed aspart ofthe E4 process.

Don Dudley asked about the properties that were being affected by the proposed new structure that were not being

purchased as part of this project.(larry Javell stated the property owners would have k negotiate n*h the Munidpality ofBrighton.

Theresa Morrow asked if the overpass would have sidewalks and barriers.Wayne Paterson explained that the overpass niH meet all the requirementsforpedestrian traffic

Bill Dunk was concerned with the low value for properties acquisitionWayne Paterson explained that property values were reached using the assessed values.

Garry Javell added that some oftheproperties that would have to be acquired nvuld have the opportunityfor re-sale

in thefuture.

Theresa Morrow asked if it would be cheaper to have another fire and ambulance station south of the flacksDon O’Neil explained that solution would not be a cost effective way to deal with the safety concerns anti ft would donothing to relieve the traffic concerns at the crossing.

Press asked why retaining walls were considered at only one location.Wayne Patterson explained that the other locations did not have as much development as the Prince Edward .Uredlocation and retaining wails would not be cost effectlye

Arnold Boes had concerns about truck traffic at the Pinnacle street option. He is concerned with the turns at Elizabeth St.and Pinnacle St. He also had concerns with the close proximity of the arena and King Edward Park.Bud Scriver had concerns about maintenance of the proposed overpass

Peter Corey would like to know if the overpass will be designed for pedestrians to ensure safety for people walking overthe overpassWayne Patterson explained Kind the overpass will meet all the requirementsforpedestrian trafficGany Jewell explained the grade á25% or a rise of 6.25feet over 100’ length.Wolf Brialen asked vhere the Municipality of Brighton sees growth in the future.Jim Phillips explain that the majority ofthe grouth in theforeseeablefuture will be south ofthe tracks

6. COUNCIL COMMENTS AND QUESTIONS

Are there any Council members who wish to make comments or ask any questions?Roy Ritiwage slated the Municipality of Brighton property should be considered the same as private properties especiallywhen cost sharing is involved.Dave Dorland was concerned with the difference between the existing grades and proposed grade at the Richardson andPrince Edward SI intersections.Wayne Patterson explained that theplan grade c4fference would be approximant JOfret.Maiy Tadman stated that she had concerns with the Pinnacle Street option because of its close proximity to the school,arena and park area. She also has concerns about pedestrian safety walking over the proposed overpass. She also askedwhat would be the impact to the existing houses on Prince Edward Street.

7. CLOSE OF PUBLIC MEETING

This concluded the Public Meeting and the public were asked to sign the registry if they had not already signed it. Thepublic was advised that they take a form and submit their comments to staff. The consultant will review all the commentsand prepare a final report for Council’s considention.There being no further discussion1 the public meeting concluded.

At 8:05 pm

Brighton, OntarioAugust 16, 2004

The Council of the Corporation of the Municipality of Brighton met on the above date at 7:00 p.m. in theCouncil Chambers.

MEMBERS PRESENT: Mayor Chris Heuington; Councillors Mary Tadman, Brian Ostrander, MikeVandertrnrn, Roy Rittwage, Chuck Ward and Dave Dorland

Staff Members: Don O’Neill, Chris Boutiher, Ken Hurford, Jim Phillips and Flelen Bryant

Public Meeting called to order.

DECLARATION OF PECUNIARY INTERESTNone declared.

Public Meeting #1 was held concerning an application on a proposed Zoning By-law amendment on Part ofLot 23, Concession B West side of Stoney Point Road (Mike & Christy Worlonan - owners)

The Planner advised that notice of the public meeting was mailed by first class mail on July 27, 2004 to allproperty owners within 120 metres of the subject property and a sign posted on the property.

The purpose of the application is to rezone a portion of the lands subject to Consent Application B 17-2004from the Rural Industrial (M2) Zcne to the Environmental Protection (EP) Zone. The EnvironmentalProtection (EP) Zone would recognize a headwater tributary area and wetland area identified by the LowerTrent Conservation Authority during their review of Consent Application B 17-2004. Application B 17-2004was granted provisional consent on July 19111 2004 subject to a condition that the headwater tributary area andwetland area be rezoned to the Environmental Protection (EP) Zone. Development will not be permitted in thearea zoned Environmental Protection (EP).

George & Freida Workman supported the proposed By-law

No one present Opposed the proposed By-Law

Public Meeting #2 was held concerning an application on a proposed Zoning By-law amendment on Part ofLot 33, Concession 5 South side of Old Wooler Road (0. Henrietta Indewey - owner)

The Planner advised that notice of the public meeting was mailed by first class mail on July 27, 2004 to allproperty owners within 120 metres of the subject property and a sign posted on the property.

The subject property is located in west half of Lot 33, Concession 5, on the south side of Old Wooler Road.The total Tndewey land holding is approximately 43 acres (17.4 hectares) in area. The applicants have appliedfor three lots for rural residential purposes. The zoning of the lands proposed for severance is AgriculturalException No. I (A-I) Zone.

The proposed amendment would change the zoning from the Agricultural Exception No. 1 (A-I) Zone toRural Residential (RE.) Zone. The Rural Residential (RR) Zone would permit the construction of a singledetached dwelling on each of three lots proposed by Consent Applications B26, B27 and 1328-2004.

Robert Indewey supported the proposed By-law

No one present opposed the proposed By-Law

Public Meeting #3 was held concerning an application on a proposed Zoning By-law amendment on Part ofLot 35, Concession C - South side of Stoney Point Road South (Julie Millar - owner)

The Planner advised that notice of the public, meeting was mailed by first class mail on July 26, 2004 to allproperty owners within 120 metres of the subject property and a sign posted on the property.

The subject property is situated in Part of Lot 35, Concession ‘C’ on the south side of Stony Point Road. Theapplicant has submitted two consent applications to the Municipality. The purpose of these applications is tocreate two new lots for residential purposes. The subject lands are currently zoned Rural Exception No. I (RU1) and Environmental Protection (EP). The applicant has also submitted an application requesting anamendment to the Comprehensive Zoning by-law (No. 140-2002). The proposed amendment would changethe zoning of the two proposed lots from the Rural Exception No. I (RU-I) Zone to the Rural Residential (RR)Zone. The proposed By-law would rezone the larger (5-acre) lot as proposed by B29-2004 to a special PRzone to recognize the large lot area. The other proposed lot would be rezoned to Rural Residential. Nochanges to the areas zoned Environmental Protection area proposed.

Cal Millar support the proposed By-law

No one present opposed the proposed By-Law

Public Meeting #4 was held concerning an application on a proposed Zoning By-law amendment on Part of

Lot 2, Concession I East of Ontario Street, North of Raglan Street Rd Allowance (Klamp lnvestmeiils - owner)

The Planner advised that notice of the public meeting was mailed by first class mail on July 26, 2004 to all

property owners within 120 metres of the subject property and a sign posted on the property.

The requested amendment would change the zoning on the subject lands from the Future Development (FD)

Zone to Urban Residential Two — Holding (R2-H) Zone. The Urban Residential Two (R2) Zone would permit

development of single detached dwellings on lots in a proposed plan of subdivision. The complete subdivision

proposal comprises 92 lots. The first phase of the subdivision would consist of 44 lots. The Holding provision

“-H” would delay development until all conditions such as preparation of storm water management plan and

servicing plans and the execution of subdivision agreement have been undertaken.

The first phase of the subdivision (44 lots) was granted draft plan approval by the Pine Ridge Municipal

Planning Agency (PRIVIPA) on July 28, 2004.

No one present supported the proposed By-law

No one present opposed the proposed By-law

Public Meeting #5 was held concerning an application on a proposed Zoning By-law amendment on Part of

Lot 34, Concession B 101 Applewood Drive (David Simmons & Lorefta Whitmore - owner)

The Planner advised that notice of the public meeting was mailed by first class mail on July 26, 2004 to all

property owners within 120 metres of the subject property and a sign posted on the property.

The subject lands are situated at 101 Applewood Drive. The applicants have requested that the zoning be

amended to permit an auction hail use to be established on the property. There is an existing industrial

building of approximately 32,000 square feet (2973 square feet) on the subject lands. The proposed new use

would occur in the existing building.

The subject lands are currently zoned General Industrial (Ml). The purpose of the proposed zoning by-law

amendment is to add an auction hall as an extra permitted use on the subject lands. The special General

Industrial Exception Zone would include a provision to set the maximum floor area that may be used for

auction hall uses at 10,000 square feet (930 square metres).

The effect of the rezoning would be to permit a portion of the existing industrial building on the subject lands

to be used for auction purposes.

Mr. David Simmons supported the proposed By-law

No one opposed the proposed By-law

Mr. Simmons feels an auction hall would be an asset to the community

There being no further discussion, the public meeting concluded.

Chris Herdngton, Mayor Don O’Neill, C.A.O.

Brighton, OntarioAugust 16, 2004

The Council of the Corporation of the Municipality of Brighton met on the above date at 7:00 p.m. in theCouncil Chambers.

MEMBERS PRESENT: Mayor- Chris Herrington, Councillors Roy Rittwage, Mike Vandenoom, ChuckWard, Mary Tadman, Brian Ostrander and Dave Dorland

Staff Members: Don O’Neill, Chris Boutilier, Jim Phillips, Ken 1-Jurford and Helen Bryant

APPROVAL OF AGENDA

Moved by Mike Vandertoom, seconded by Brian Ostrander- THAT the Agenda for August 16, 2004 meetingbe approved as printed subjected to amendments.

Carried.

APPROVAL OF MINUTES

RESOLUTION NO. 04- 601Moved by Mary Tadman, seconded by Chuck Ward - THAT the minutes of the Regular Council and PublicMeeting of July 19, 2004, Special Council of July 24, 2004, Public Meeting and Special Council Meeting ofAugust 9, 2004 be approved as printed.

Carried.

DECLARATION OF PECUNIARY INTEREST

None Declared

DELEGATIONSPeter Corry - Chairperson representing PSB -

> Presented and update and reports for Council’s perusal and consideration. The first report is the HamwickReport which deals with the police costing process and the second report is the Thomas Report whichdeals with court security costs and who should pay for this service. We feel this is most definitely aProvincial responsibility. We are requesting concurrence that Council agrees with the report. The PSB isrequesting Council to endorse the Board’s resolution passed at the July 28, 2004 meeting.

> The OPP detachment ‘viii be moving to the Agricultural Building on Dundas Street once the renovationshave been completed. This will give them a more visible location to the schools and the downtown area.

Brighton Bay Estates - Mr. Frank Miron Spokesperson> Air. A’firon spoke on behalf of the homeowners from Brighton Bay Estates on Rogers Road. — There is a

boat under repair at I Rogers Road and has been for a long time. We would like the municipality to helpresolve this problem. We are asking if the Noise by-law is being contravened? The owner of the propertylives in Cambridge, Ontario. The person refurbishing the boat is not the owner.

> Mr. Thorudyke - believes this boat to be registered as a commercial vehicle and there should be nocommercial boat in a residential area and should be towed out

)‘ Roy Powell — there was no boat when I moved here. Then the boat came in and a fence went up as well asa hedge.

> Jim Phillips — we have been investigating this for over a year and is beyond any by-law we have in place.Property standards by-law does not apply. Commercial vehicle is new information and Ron Grumeth canfollow up on this. This is a private waterway - a part of the subdivision plan.A’Ir. A-Iiron — Jim Phillips should be dealing with noise and a construction site - surely this is notacceptable.

> Ron Grumeth (By-laws Officer)-.

back in April a letter was received from Mr. Thorudyke about the boatin question and the by-laws were checked out to see if anything could be done. This boat is docked at thefar end of the channel and does not impose on any residents. We have never received a complaint aboutnoise.

Direction: Staff will report back

> B23 & B24-2004 -Rod & Laura McLeanThe purpose of these applications is the creation of two lots for rural residential purposes. Application B23-2004 proposes the creation of a lot with an area of approximately 3.45 acres (1.4 hectares) and a frontage ofapproximately 200 feet (ólmetres). Application B24-2004 proposes the creation of a lot with an area ofapproximately 4.47 acres (1.8 hectares) and a frontage of approximately 259 feet (79metres). The lot to beretained would have an area of approximately 3.45 acres (1.4 hectares) and a frontage of approximately 200feet (6lmetres). The parcels to be severed are currently vacant. There is an existing single detached dwellingon the lot to be retained. The lands subject to this application are currently zoned Rural Exception No. I (RU1) with some lands at the rear zoned Environmental Protection (EP). The subject applications generallyconform to the policies of the Official Plan for the former Township of Brighton with respect to lot creation

for rural residential purposes in the Rural Area. Area exceeds MDS requirements.The proposed retained and severed lots will comply with the minimum lot provisions for the Rural ExceptionNo. I (RU-I) Zone as set out in By-law No. 140-2002. Based on the review it is recommended thatapplications B23-2004 and B24-2004 be granted subject to the following conditions:

1. That the applicants dedicate a strip of land to the Municipality of Brighton ensuring 33 feet from thecentreline of White’s Road, along the frontage of the severed and retained portions, for road wideningpurposes;

2. That all taxes on the severed and retained parcels be in compliance with Municipal requirements prior tothe deed being stamped; and

3. That a registerable survey and deed be prepared and depoited with the Municipal Clerk within one year ofthe granting of consent.

Granted

> B25-2004 - Kiamp InvestmentsKlamp [nvestments have submitted an application for consent to create a new residential lot. The subjectproperty is located at 213 Ontario Street, known specifically Part I on Plan 38R-1529. The location of thesubject lands is illustrated on the attached map.

The new lot would have 22.866 metres (75.0 ft.) of frontage on the north side of Raglan Street and have anarea of 522 square metres (5625 sq. ft.). The retained lot would have approximately 22.86 metres (75.0 ft.) offrontage on Ontario Street and an area of 627 square metres (6750 sq. ft.). There used to be a single detacheddwelling on the subject lands however the applicant has demolished this structure to end up with two vacantlots. These lots will be used for single detached dwellings. The subject lands are currently zoned UrbanResidential One (Ri). The subject application does conform to the policies of the Official Plan for the formerTown of Brighton. It is recommended that consent application B25-2004 be granted as it does conform to theconsent policies for lands in the Low Density Residential Area subject to the following conditions:

1. That the applicant dedicate a strip of land ensuring 33 feet from the centreline of Ontario Street along thefrontage of the retained lot for road widening purposes;

2. That the applicant enter into a written agreement with the Municipality regarding the construction ofRaglan Street, east of Ontario Street to insure that there is a minimum of 16.7 metres of frontage for thesevered parcel on an improved street;

3. That the applicant enter into a written agreement with the Municipality regarding the provision ofmunicipal sanitary sewer and water services for the severed lot and that an occupancy permit would not beavailable until such services are installed;

4. That the severed and retained lots be in compliance with the Municipality of Brighton Property StandardsBy-law, By-law No. 082-2002;

5. That cash-in-lieu of parkland in the amount of $200 be given to the Municipality;6. That all taxes on the severed and retained lots be in compliance with Municipal requirements prior to the

deed being stamped;7. That a registerable survey and deed be deposited with the Clerk within one year of the granting of consent.

Granted

B26,27 & 28 — Henrietta IndeweyThe applicant has submitted applications for consent to create three new lots for rural residential purposes. Thesubject property is located in west half of Lot 33, Conc. 5 on the south side of Old Wooler Road. Each of thelots to be severed is proposed with an area of approx. one-acre and frontage of 150 ft. The retained lot willhave an area of approx. 40 acres and frontage of 350 ft. The subject lands are currently zoned AgriculturalException No. I (A-l) Zone and Environmental Protection (EP) Zone. The EP Zone is adjacent to Cold Creekat the southern end of the property. The proposed amendment would change the zoning of a portion of thesubject lands from the Agricultural Exception No. I (A-I) Zone to Rural Residential (RR) Zone. The RuralResidential (PR) Zone would permit the construction of a single detached dwelling on each of three lotsproposed by Consent Applications B26, B27 and B28-2004. Immediately to the rear of the three proposed lotsis a narrow strip of land that is designated as Resource Reserve Area in the Official Plan of the formerTownship of Brighton. This strip would appear to have a width of less than 100 metres. To the south of thisstrip the lands are within the agricultural land use designation. It is recommended consent applications begranted subjected to the following conditions:I. That the applicants dedicate a strip of land to the Municipality of Brighton, ensuring 33 feet from the

centreline of Old Wooler Road along the frontage of the severed and retained lots for road wideningpurposes.

2. That the severed lot be rezoned to the Rural Residential (RR) Zone3. That all taxes on the severed and retained lots be in compliance with Municipal requirements prior to the

deed being stamped4. That a registerable survey and deed be prepared and deposited with the Municipal Clerk within one year

of the granting of consent

> Mr. Bob Boyle asked who declares E.P. land. Ken Hiuford (Planner,) informed Mr. Boyle it is Council’sdecision at the end of the day bitt also ive look for guidance from the various agencies including LowerTrent

> Mr. Robert Indewey said he has met with the MNR regarding a buffet zone from Cold CreekCBM did a test for aggregate and this aggregate proved to be valuelessFlave discussed the visibility issue and a few adjustments would clear up this concern

Granted

> 1129 & B 30— Julie MillarThe applicant has submitted two consent applications to create two new lots for residential purposes.Application B29-2004 proposed the severance of lands with an area of approx. 5.3 acres and a frontage of 150ft. Application 1330-2004 proposed the severance of lands with an area of approx. one-acre and a frontage of150 ft. The retained would have an area of 10.9 acres and frontage of approx. 433 ft on Stoney Point RoadSouth. The subject lands are currently zoned Rural Exception No. I (RU-I) and Environmental Protection(EP). The proposed amendment request would change the zoning of the two proposed lots from the RuralException No. 1 (RU-I) Zone to the Rural Residential (RR) Zone. It is recommended that applications B29-2004 and B30-2004 be granted subject to the following conditions:1. That the severed lot is rezoned to a special Rural Residential Zone to recognize the lot area (applies to

1129-2004)2. That the severed lot is rezoned to the Rural Residential Zone (applies to B30-2004)3. That all taxes on the severed and retained lots be in compliance with Municipal requirements prior to the

deed beings tamped4. That a registerable survey and deed be prepared and deposited with the Municipal Clerk within one year of

the granting of consent.Granted

831-2004 - Philip & Nancy MycykPhilip & Nancy Mycyk have submitted an application for consent to create a new lot fronting on Main Street.The subject property is located at 199 Main Street. The subject lands are subject to a draft approved plan ofsubdivision (File No. 14T-95005).The lot to be severed would have approximately 240 metres (787 feet) of frontage on the south side of MainStreet and have an area of approximately 2.3 hectares (5.7 acres). There is an existing residential building (the‘white house’) and a carriage house on the lot to be severed. The lot to be severed is a block on the draftapproved plan. It appears that the intent of the applicants is to separate this Block including the ‘white house’from the remainder of the draft approved plan.The retained lot would have approximately 59 metres (194 ft.) of frontage on Main Street and an area of 17.12hectares (42.3 acres). The lot to be retained is currently vacant, but is subject to the above noted draft approvedplan of subdivision.The subject lands arc currently zoned Highway Commercial (HC), Agricultural Exception No. I (A-I) andEnvironmental Protection (EP). The subject application generally conforms to the Official Plan of the formerTown of Brighton and is consistent with a previously draft approved plan of subdivision.it is recommended that consent application 1131-2004 be granted subject to the following conditions:

1. That a 10 metre wide right-of-way be established and deeded to the municipality along the east bank ofButler Creek for pedestrian trail purposes pursuant to Sections 5302) and 51.1 of the Planning Act;


3. That a registerable survey and deed he deposited with the Clerk within one year of the granting of consentGranted

> 1132-2004 - Jamie BalesdentThe purpose of the application is to create a new rural lot. The application proposes the severance of landswith an area of approximately 5.54 acres (2.24 hectares) from a parcel of approximately 170 acres (69hectares). The lot to be severed would have a frontage of approximately 150 feet (45 metres) on Long ReachRoad. The lot to be retained would have an area of 166.35 acres (67.3 hectares) and a frontage ofapproximately 245 feet (75 metres) on Long Reach Road. There is a one-story dwelling and a barn plus acouple of other small out buildings on the lot to be severed. The lot to be retained is vacant. There is currentlya licensed dog kennel facility operating on the subject lands. The lands subject to this application are currentlyzoned Rural (RU) and Rural Exception No. I (RU-I).We have had some discussions with the applicant as well as a prospective purchaser that indicate that a kenneloperation may continue to operate on the lot to be severed and that a new kennel operation may be establishedon the lot to be retained. It is recommended that consent application 1132—2004 be granted subject to thefollowing conditions:

I. That the applicants dedicate a strip of land to the Municipality of Brighton ensuring 33 feet from thecenfreline of Long Reach Road, along the frontage of the severed and retained portions, for road wideningpurposes;

2. That the applicant enter into a written agreement with the Municipality regarding the extension andimprovement of Long Reach Road to insure that there is a minimum of 90 metres of frontage for theretained parcel on an improved street. Such agreement to include that the retained parcel is not eligible fora building permit until the road improvements have been completed; that a cul-de-sac including a vehicleturn-about has been constructed; that drainage must be addressed; and that all improvements must be tothe satisfactory to the Municipal Director of Public Works.

3. That the severed and retained parcels be rezoned to appropriate Rural (RU) Zones and that theEnvironmental Protection (EP) zoning be established adjacent to watercourses and ponds as set out inLower Trent Conservation’s August 16, 2004 letter


5. That a registerable survey and deed be prepared and deposited with the Municipal Clerk within one year ofthe granting of consent.

Granted

STAFF UPDATESDon O’Neill — C.A.0.

• OPP contract will be produced for the September Council meeting• Flealth Unit — contract for Sewage System Management Agreement - need to renew with the Health Unit

for2005 to 2007Enbridge Gas Distribution — a by-law has been prepared to sign the agreementBulky waste vouchers to be ordered from the County

JimPhillips — Director of Public Works)‘ The curb and gutter on Dundas Street should be extended. This would be at an approx. cost of $20,000.00

these funds to be taken from the public works development charges.

UNFINISHED BUSINESSNONE

NEW BUSINESSNONE

REPORTS OF COMMITTEES AND BOARDS1. Mount Hope Cemetery - July 19/042. Committee of the Whole - July 26/04 & August 9, 20043. PRMPA

RESOLUTIONS AND BY-LAWS

RESOLUTION NO. 04- 602Moved by Mary Tadman, seconded by Chuck Ward - THAT The Council of the Municipality of Brightonauthorize the payment of the accounts listed on the cheque listing dated August 11,2004 for $ 747,548.81

Carried.

RESOLUTION NO. 04- 603Moved by Dave Dorland, seconded by Mike Vandertoom - THAT The Council of the Municipality ofBrighton supports the recommendations of the Hamwick Report subject to Recommendation Issue 2 © beingdeleted

Carried.

RESOLUTION NO. 04- 604Moved by Chuck Ward, seconded by Mary Tadman - THAT The Council of the Municipality of Brightonsupports the Flalton Regional Police Services Board, The OAPSB the OACP and others that the ProvincialGovernment re-assume responsibilities for Court Security.

Carried.

RESOLUTION NO. 04- 605Moved by Brian Ostrander, seconded by Dave Dorland - THAT The Council of the Municipality of Brightongives By-Law Number 236-2004 its first, second and third reading and finally passed this date;BEING A BY-LAW TO AMEND BY-LAW NUMBER 140-2002 TO CERTAIN LANDS LOCATED INPART OF LOT 23, CONCESSION B, FROM THE RURAL INDUSTRIAL (M2) ZONE TO THEENVIRONMENTAL PROTECTION (EP) ZONE. (Mike & Christy Workman)

carried.

RESOLUTION NO. 04- 606Moved by Roy Rittwage, seconded by Mary Tadman - THAT The Council of the Municipality of Brightongives By-Law Number 237-2004 its first, second and third reading and finally passed this date;BEING A BY-LAW TO AMEND BY-LAW NUMBER 140-2002 TO CERTAIN LANDS LOCATED INPART OF LOT 33, CONCESSION 5, FROM THE AGRICULTURAL EXCEPTION NO. 1 (A-i)ZONE TO THE RURAL RESIDENTIAL (1(R) ZONE. (G. Henrietta Indewey)

Earried.

RESOLUTION NO. 04- 607Moved by Mike Vandertoom, seconded by Dave Dorland - THAT The Council of the Municipality ofBrighton gives By-Law Number 238-2004 its first, second and third reading and finally passed this date;BEING A BY-LAW TO AMEND BY-LAW NUMBER 140-2002 TO CERTAIN LANDS LOCATED INPART OF LOT 35 CONCESSION C FROM THE RURAL RESIDENTIAL (1W) ZONE TO THERURAL RESIDENTIAL EXCEPTION NO.20 (RR-20) ZONE. (Julie Millar)

Carried.

RESOLUTION NO. 04- 608Moved Roy Rittwage, seconded by Mary Tadman - THAT The Council of the Municipality of Brighton givesBy-Law Number 239-2004 its first, second and third reading and finally passed this date;BEING A BY-LAW TO AMEND BY-LAW NUMBER 140-2002 TO CERTAIN LANDS LOCATED INPART OF LOT 2 CONCESSION 1 FROM THE FUTURE DEVELOPMENT (FD) ZONE TO THEURBAN RESIDENTIAL TWO-HOLDING (142-Il) ZONE. (Klamp Investments)

Canted.

RESOLUTION NO. 04- 609Moved by Chuck Ward, seconded by Mary Tadman - THAT The Council of the Municipality of Brightongives By-Law Number 240-2004 its first, second and third reading and finally passed this date;BEING A BY-LAV TO AMEND BY-LAW NUMBER 140-2002 TO CERTAIN LANDS LOCATED INPART OF LOT 34 CONCESSION B FROM THE GENERAL INDUSTRIAL (MI) ZONE TO THEGENERAL INDUSTRIAL EXCEPTION NO.9 (M1-9) ZONE. (David Simmons & Loretta Whitmore)

CatTiest.

RESOLUTION NO. 04- 610Moved by Mike Vandertoorn, seconded by Dave Dorland - THAT The Council of the Municipality ofBrighton gives By-Law Number 241-2004 its first, second and third reading and finally passed this date;BEING A BY-LAW TO AMEND BY-LAW NUMBER 140-2002 TO REMOVE THE HOLDINGPROVISIONS FROM CERTAIN LANDS LOCATED IN PART OF LOT 2, BROKEN FRONTCONCESSION.

Carried.

RESOLUTION NO. 04- 611Moved by Brian Ostrander, seconded by Dave Dorland - THAT The Council of the Municipality of Brightongives By-law Number 242-2004 its first, second and third reading and finally passed this date;BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO SIGN A FRANCHISEAGREEMENT BETWEEN THE CORPORATION OF THE MUNICEPALITY AND ENBRIDGE GASDISTRIBUTION INC.

Carried.

RESOLUTION NO. 04- 612Moved by Chuck Ward, seconded by Mary Tadman - THAT The Council of the Municipality of Brightongives By-Law Number 243-2004 its first, second and third reading and finally passed this date;BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO SIGN A SEWAGE SYSTEMMANAGEMENT AGREEMENT WITH THE HALIBURTON, KAWARTHA, PINE RIDGEDISTRICT HEALTH UNIT.

Carried.

RESOLUTION NO. 04- 613Moved by Roy Rittwage, seconded by Mary Tadman - THAT The Council of the Municipality of Brightonsupports the recommendation that none of the Waterfront Trail along Butler Creek between Main Street andOntario Street be constructed unless the full trail between these two points can be completed.

Carried.

RESOLUTION NO. 04- 614Moved by Chuck Ward, seconded by Mary Tadman - THAT The Council of the Municipality of Brightonapproves the proposal by the Public Works Department to extend the curb and gutter construction on DundasStreet at an estimated cost of approximately $20,000.00And Further that the funding for the curb & gutter extension be taken from the Public Works DevelopmentCharges account.

(‘arried.

RESOLUTION NO. 04- 615Moved by Dave Dorland, seconded by Mike Vandertoorn -THAT The Council of the Municipality of Brightonapproves the minutes from July 26 and August 9, 2004 Committee of the Whole meetings and therecommendations as attached.

Ozrried.

RESOLUTION NO. 04- 616Moved by Brian Ostrander, seconded by Mike Vandertoom - THAT The Council of the Municipality ofBrighton supports the resolution from the Town of Iroquois Falls to petition the McGuinty Government tomake the gas tax available to all Ontario municipalities and that funds be dispersed on a system such asequalized assessment to ensure fair distribution.

(‘arried.

RESOLUTION NO. 04- 617Moved by Mary Tadman, seconded by Chuck Ward - THAT The Council of the Municipality of Brightonsupports the resolution from the Township of Severn to petition the Provincial government for ProvincialFunding in regards to the mandatory implementation of Emergency Management Programs for municipalities.

Carried.

RESOLIJTION NO. 04- 618Moved by Roy Rittwage, seconded by Mary Tadman - THAT The Council of the Municipality of Brightonsupports the resolution from the Township of Alnwick Flaldimand to petition the Provincial Government toprovide financial assistance to homeowners on private wells so they may upgrade their wells with an UltraViolet Light System or any other system that provides safe potable drinking water.

C’arried.

RESOLUTION NO. 04- 619Moved by Mary Tadman, seconded by Roy Rittwage - THAT The Council of the Municipality of Brightonsupports the Northumberland Food for Thought request to Proclaim the Month of September as Breakfast forLearning Month.

Carried.

RESOLUTION NO. 04- 620Moved by Mike Vanderloorn, seconded by Dave Dorland - TFIAT The Council of the Municipality ofBrighton supports the resolution from the Township of Galway-Cavendish & Harvey for the Premier to dowhat is best for community safety and to protect the rights pf individuals by enacting legislation to protectemergency volunteer workers (two-hatters) before more damage is done.

Carried.

RESOLUTION NO. 04- 621Moved by Brian Ostrander, seconded by Mike Vandertoorn - THAT The Council of the Municipality ofBrighton continue the meeting until 10:30 p.m.

Qirried.

RESOLUTION NO. 04- 622Moved by Roy Rithvage, seconded by Mike VandertoomWHEREAS, the Municipality of Brighton experienced a very heavy rainfall on July 30°’ and 3 1’, 2004 whichresulted in flooding in various areas of the municipality;AND WHEREAS, the sanitary Sewer Pumping Station at Harbour St. recordcd an increase in the flow rateequal to at least three times the normal flow rate, which indicates that the storm waters were being directed tothe sanitary sewers;AND WHEREAS, the Sewer Use By-Law prohibits the connections of storm drainage pipes and sump pumpdischarge pipes to the sanitary sewer system, with a severe fine imposed for such connections;THEREFORE BE IT RESOLVED that the Municipality notif’ residents who are utilizing the municipalsanitary sewer services regarding the illegality of storm water connections to the sanitary sewer and providetime for any illegal connections to be corrected before Jan. 1, 2005;AND FURTHER, That effective Jan. 1, 2005 the Municipality engage someone to commence inspections ofbuildings connected to the sanitary sewer system to ensure any illegal connections for storm water drainage aredealt with under the provisions of the Sewer Use By-Law and the appropriate penalties applied.

Carried.

CORI{ESPONIJENCE1. Town of Iroquois Falls - ® Gas Tax - supported2. Township of Severn - ® Emergency Management Act - supported3. Warkworth Flistorical Society - donation request4. Township of Alnwick/Haldimand - ® Financial Assistant - Private Wells - supported5. Municipality of Durham - Recommendation for Additional Justices of the Peace6. Township of Galway-Cavendish & Harvey - ® Two-Hatters - supported7. Northumberland Food for Thought - Proclaim September - Breakfast for Learning - supported8. Scott Anderson .-. Ontario Municipal Board Reform9. OPP Community Policing Golf Tournament10. Brighton Lawn Bowling Club — Sewer Rates —status quo11. Presqu’ile Point Property Owners’ Assoc —Request for availability of Municipal truck for clean-up.12. Debi McGrath — 911 public education — leave with PSB - give to Chair - Pete Corn’13. The Township of Greater Madawaska — Safe Drinking Water Act Regulation 170/0314. Various Thank you’s for our assistance to Peterborough after the flood — strictly goodwill - gift hi kind15. Community Cate — golf tournament

F.YJ.-CORRESPONDENCEI. Bell Canada — Mayor to check with QEDC2. FCM - New Federal Cabinet Sworn In3. FCM - Cabinet Update4. MNR - New Deer Hunting Season Proposed5. Presquile Point Property Owners6. Scott Anderson - Provincial Planning Reform7. Ministry of Agriculture - Municipal Outlet Drainage8. AMO Alert - Framework for Infrastructure Financing9. Health Unit - Monitoring for signs of West Nile virus10. Municipal Property Assessment Corporationii. Update re: OEMC 2004 Changes to Schedule12. Re Elect Deb Haswell — Small Urban Caucus13. Roger Anderson — AIvIO14. 2004 Heritage Community Recognition Program15. AJvIO — MPAC/Freedom of Information16. National Guide To Sustainable Municipal Infrastructure17. MPAC Appointment18. Red Light Cameras

MISCELLANEOUS

Roy Rithvage -

Gardening on boulevard - St tiff to draft up a policy

Mayor Herrington — attended a training session at Taft’s Auto Wreckers with the fire department and wasvery impressed with the procedure and professionalism.

RESOLUTION NO. 04- 623Moved by Chuck Ward, seconded by Mike Vandertoom - THAT Council meet “In Camera” to address alegal/personnel matter.

Carried.

RESOLUTION NO. 04- 624Moved by Dave Dorland, seconded by Brian Ostrander - THAT Council revert to “Open Session”.

Carried.

RESOLIJTWN NO. 04- 625Moved by Chuck Ward, seconded by Mary Tadman - THAT the meeting be adjourned, Council to meet againon September?, 2004 or at the call of the Mayor.

Carried.

Chris Henington, Mayor Don O’Neill, C.A.O.

PLANNING REPORT


RE: Consent Applications B33-2004 & B34-2004160 Prince Edward StreetPart of Lot 35, Concession ‘B’

APPLICANT: Patricia Higgins

AGENT: Stephen Rogerson


Background

As agent for Patricia Higgins, Stephen Rogerson has submitted two applications for consent tocreate two new residential lots. The subject property is located at 160 Prince Edward Street, inpart of Lot 35, Concession ‘B’. The location of the subject lands is illustrated on the attachedmap.

Application B3 3-2004 proposes the creation of a lot with an area of approximately 6242 squarefeet (580 square metres) and a frontage of approximately 60.61 feet (18.47 metres) on PrinceEdward Street. Application 1134-2004 proposes the creation of a lot with an area ofapproximately 8446 square feet (785 square metres) and a frontage of 104.24 feet (31.77metres)on Cedar Street. The lot to be retained would have an area of approximately 7273 square feet(675.6 square metres) and a frontage of approximately 70.6lfeet (21.5 metres) on Prince EdwardStreet. The parcels to be severed are currently vacant. There is an existing single detacheddwelling on the lot to be retained. The lands subject to this application are currently zonedUrban Residential One (Ri).

Official Plan

The lands subject to this application are designated as Low Density Residential Area in theOfficial Plan of the former Town of Brighton. The uses permitted in the Low-DensityResidential area include one-family and two-family dwellings. The lands in this area generallywithin the Low Density Residential Area land use designation.

Section 10.4.2 g. “Consents” of the Official Plan states

g. A consent to a land-severance shall generally be given favourableconsideration if it has the effect of mulling.

Zoning By-law

The subject property is currently zoned Urban Residential One (Ri) Zone. This is theappropriate zone for the proposed residential development. The Urban Residential One (RI)Zone permits the existing single detached dwelling on the lot to be retained and would permit asingle detached dwelling on the lot to be severed.

Consent Applications B33-2004 & B34-2004 2Patricia Higgins (Agent Stephen Rogerson)160 Prince Edward Street, Brighton

The Minimum lot area requirement for the Urban Residential One (Ri) Zone is 500 squaremetres (5382 square feet), the minimum lot frontage requirement is 16.7 metres (55 feet) for aninterior lot. The severed and retained lots would comply with these minimum requirements.

Agency Comments

As of the date of this report, comments have been received from the County of Northumberland.A copy of their response is attached to this report. Northumlwrland County has not identifiedany concerns with approval of these applications. The County has requested that the granting ofprovisional consent for each application be subject to the following condition:

1. That the applicant shall lay out and dedicate to the County of Northumberland a strip of landensuring 15 metres (50 feet) from the centreline of County Road 64 along the frontage of theretained portions for road widening purposes.

Conclusion

Consent applications B33-2004 and B34-2004 conform to th policies of the Official Plan forthe former Town of Brighton. These applications can be considered as infiuing within adeveloped area.

Reconmiendation

It is recommended that applications B33 —2004 and 1134-2004 be granted provisional consent asthey conform to the consent policies for lands in the Low Density Residential Area.

Conditions

if application B33-2004 is granted provisional consent, we recommend that the followingconditions be included:

1. That the applicant dedicate a strip of land to the County of Northumberland, ensuring 50 feetfrom the centreline of Prince Edward Street (County Road No. 64) along the frontage of thesevered and retained lots for road widening purposes;

2. That cash-in-lieu of paridand in the amount of $200 be given to the Municipality;3. That all taxes on the severed and retained lots be in compliance with Iviunicipal requirements

prior to the deed being stamped; and4. That a registerable survey and deed be prepared and deposited with the Municipal Clerk

within one year of the granting of consent.

if application B34-2004 is granted provisional consent, we recommend that the followingconditions be included:

1. That the applicant dedicate a strip of land to the County of Northumberland, 50 feet from thecentreline of Prince Edward Street (County Road No. 64) along the frontage of the retainedlot for road widening purposes;

2. That cash-in-lieu of parkland in the amount of $200 be given to the Municipality;

Consent Applications 1133-2004 & 1134-2004 3Patricia ITiggins (Agent Stephen Rogerson)160 Prince Edward Street, Brighton

3. That all taxes on the severed and retained lots be in compliance with Municipal requirementsprior to the deed being stamped; and

4. That a registerable sun’ey and deed be prepared and deposited with the Municipal Clerkwithin one year of the granting of consent.

Mydocuments\Consenis\2004\333,34-04_repor

LOCATION MAPCONS ENT APPLICATIONS B33 & B34-2004Part of Lot 35, Concession ‘B’, 160 Prince Edward StreetApplicant: Patricia HigginsAgent: Stephen Rogerson

8—27-04; a:89PM;NOrt,Umber and Cty ;9Q372198 * 1/

(JqGrthurnLTyza)• * -

Fax 613-475-2599

August 27, 2004

Municipality of BrightonBox 189,Brighton, OntarioKOK 1HO

Attention: Ken Hurford, Municipal Planner

Dear Sir:

Re: Higgins 833-2004County Road No. 64

In response to the circulation noted above, we have reviewed the application and wouldrequest that the applicant be advised of the following conditions:

- that the applicant shall lay out and dedicate by deed to the County ofNorthumberland a strip of land ensuring 15 metres (50 feet) from thecentreline of County Road 64 along the frontage of the retained portions forroad widening purposes;

Please contact me should additional intormation be required.

Thank you.

Peter Nielsen, C.E.T.Manager, Design & Construction

860 William Srrccc, Coboucg, Ontario, K9A 3A9 • Telephone (005) 372-3329 • 1400-354-7050 • Fax (005) 372-1696

27_r-P4 rPT 14:92 Tfl n1-4vs-psqq HflME:SRTGHTON PURLIC WORKS P.

PLANNING REPORT


RE: Review of Application for Consent B35-200430 Harbour StreetPart of Lot 35, Concession ‘B’, Brighton

APPLICANT: Kate Gordon-Lee

Agent: Gordon Tobey


Background

Gordon Tobey as agent for Kate Gordon-Lee has submitted an application for consent to create a

new residential lot. The subject property is located at 30 Harbour Street in Part of Lot 35,

Concession ‘B’. The location of the subject lands is illustrated on the attached map.

The purpose of the application is to create one new lot for residential purposes. The new lot

would have an area of 610 square metres (6,566 square feet) and a frontage of 34.1 metres (111.8

feet) on the west side of Forest Drive. The retained lot would have an area of 786 square metres

(8460 square feet) and 18.29 metres (60 feet) of frontage on Harbour Street. The lot to be severed

is currently vacant, but is proposed for a single detached dwelling. There is an existing single

detached dwelling on the lot to be retained. The subject lands are currently zoned Urban

Residential One (Ri).

The lot to be severed is also subject to an application for a Minor Variance, File No. A05-04.

The Brighton Committee of Adjustment will hold a hearing regarding this application on

Tuesday September?, 2004 at 6:00 p.m.

Official Plan

The lands subject to this application are designated as Low Density Residential Area in the

Official Plan of the former Town of Brighton. The uses permitted in the Low-Density

Residential area include one-family and two-family dwellings. The lands in this area generally

within the Low Density Residential Area land use designation.

Zoning By-law

The subject lands are currently zoned Urban Residential One (Ri) Zone. This is the appropriate

zone for the proposed residential use. The Urban Residential One (Ri) Zone permits the existing

single detached dwelling on the lot to be retained and would permit a single detached dwelling

on the lot to be severed.

The Minimum lot area requirement for the Urban Residential One (RI) Zone is 500 square

metres (5382 square feet), the minimum lot frontage requirement is 16.7 metres (55 feet) for an

interior lot. The severed and retained lots would comply with these minimum requirements.

Consent Application 1335-2004, 133 Ontario SEreet, Brighton 2Kate Gordon-Lee (Agent Gordon Tobey)

The proposed new lot while complying with the minimum lot area and lot frontage requirementof the Ri Zone is not of the “normal” shape with the depth being two or three times the frontage.In this case the depth is only 18.29 metres (60 feet). The Ri minimum yard requirements includea 4.5 metre (15 feet) front yard and a 7.5 metre (25 feet) rear yard requirement. The total of thefront and rear yard setbacks is 12 metres (40 feet). This leaves only 6.29 metres (20 feet) for ahome. An application for a minor variance has been submitted to the Municipality’s Committeeof Adjustment. The minor variance application requests a reduction of the rear yard setbackrequirement of the Urban Residential One (RI) Zone from 7.5 metres (24.6 feet) to 3.0 metres(9.8 feet). The total relief requested is 4.5 metres (14.76 feet) from the By-law requirement.

Agency Coniments

As of the date of this report, no agency comments have been received, if any comments arereceived prior to the meeting they will be brought forward at that time.

Conclusion

The subject application does conform to the policies of the Official Plan for the former Town ofBrighton.

Recommendation

It is recommended that application B35-2004 be granted provisional consent as it does conformto the consent policies for lands in the Low Density Residential Area.

Conditions

if this consent is granted, we recommend that the following conditions be included:

1. That a Minor Variance be obtained to reduce the rear yard setback requirement for the lot tobe severed;

2. That cash-in-lieu of parkland in the amount of $200be given to the Municipality;3. That a registerable survey and deed be deposited with the Clerk within one year of the

granting of consent.

Mydocuments\Consents\2004\335-O4Vcport

PLANNING REPORT


RE: Reviewof Application for Consent B35-200430 Uarbow StreetPart of Lot 35, Concession ‘B’, Brighton

APPLICANT: Kate Gordon-Lee

Agent: Gordon Tobey


Background

Gordon Tobey as agent for Kate Gordon-Lee has submitted an application for consent to create anew residential lot. The subject property is located at 30 Harbour Street in Part of Lot 35,Concession ‘B’. The location of the subject lands is illustrated on the attached map.

The purpose of the application is to create one new lot for residential purposes. The new lotwould have an area of 610 square metres (6,566 square feet) and a frontage of 34.1 metres (111.8feel) on the west side of Forest Drive. The retained lot would have an area of 786 square metres(8460 square feet) and 18.29 metres (60 feet) of frontage on 1-larbour Street. The lot to be severedis currently vacant, but is proposed for a single detached dwelling. There is an existing singledetached dwelling on the lot to be retained. The subject lands are currently zoned UrbanResidential One (RI).

The lot to be severed is also subject to an application for a Minor Variance, File No. A05-04.The Brighton Committee of Adjustment will hold a hearing regarding this application onTuesday September 7, 2004 at 6:00 p.m.

Official Plan

The lands subject to this application are designated as Low Density Residential Area in theOfficial Plan of the former Town of Brighton. The uses permitted in the Low-DensityResidential area include one-family and two-family dwellings. The lands in this area aregenerally within the Low Density Residential Area land use designation.

Zoning By-law

The subject lands are currently zoned Urban Residential One (Ri) Zone. This is the appropriatezone for the proposed residential use. The Urban Residential One (Ri) Zone permits the existingsingle detached dwelling on the lot to be retained and would permit a single detached thvellingon the lot to be severed.

The Minimum lot area requirement for the Urban Residential One (Ri) Zone is 500 squaremetres (5382 square feet), the minimum lot frontage requirement is 16.7 metres (55 feet) for aninterior lot. The severed and retained lots would comply with these minimum requirements.

LOCATION MAPCONSENT APPLICATION B35-2004

Part of Lot 35, Concession ‘B’30 Harbour StreetOwner: Kate Gordon-LeeAgent: Gordon Tobey

PLANNING REPORT


RE: Review of Application for Consent B36-2004

Part of Lot 35, Concession ‘B’, Lot 8 & Part of Lot 9, Plan 2826 Harbour Street, Brighton

APPLICANT: Shirley Twine

AGENT: Gordon Tobey


Background

Gordon Tobey as agent for Shirley Irvine has submitted an application for a lot addition consent.The subject property is located at 26 Harbour’StTeet in Part of Lot 35, Concession ‘B’. Thelocation of the subject lands is illustrated on the attached map.

The purpose of the application is to sever a parcel from the 26 Harbour Street property to beadded to three blocks in an adjacent plan of subdivision. The retained lot would have an area of1,046.8 square metres (11,268 square feet) and 20.7 metres (68 feet) of frontage on HarbourStreet. There is an existing single detached dwelling on the lot to be retained.

The parcel to be severed has an area of 668 square metres (7,190 square feet) and a frontage onHarbour Street of 13.29 metres (43.6 feet). The parcel to be severed is currently vacant, but onceadded to the three blocks in the plan of subdivision, a single detached dwelling is proposed foreach. The three enlarged blocks will front on and have access from Forest Drive. The subjectlands are currently zoned Urban Residential One (RI).

Official Plan

The lands subject to this application are designated as Low Density Residential in the OfficialPlan of the former Town of Brighton. Section 10.4.3 ‘Consents” states that:

a. In addition to the above consideration of Section 10.4.2, it shallgenerally be the policy of this plan that consents to sever within theRural designation shall be discouraged and shall only be granted on alot-by-lot basis or for technical reasons such as property adjustments oreasements.

The proposed consent can be considered as “technical” in nature, as it is a lot addition. As noted,no separate lot is proposed by the subject application.

Consent Application 1136-2004 2

Shirley Irvine (Agent: Gordon Tobey)21 Harbour Street, Brighton

Zoning By-law

The subject lands are currently zoned Urban Residential One (Ri) Zone. This is the appropriatezone for the proposed residential use. The Urban Residential One (Ri) Zone permits the existing

single detached dwelling on the lot to be retained. The Ri Zone would permit a single detacheddwelling on each of the properties that will have their area increased by the lot additions.

The Minimum lot area requirement for the Urban Residential One (Ri) Zone is 500 squaremetres (5382 square feet), the mininrnm lot frontage requirement is 16.7 metres (55 feet) for aninterior lot. The lot to be retained will comply with these minimum requirements. Once thesevered parcel has been added to the three blocks it is intended, these parcels will comply with

these minimum requirements.

Agency Comments

As of the date of this Report, no comments have been received from any of the circulatedagencies.

Conclusion

The subject application is an appropriate lot addition. No new lots are created by the severance,

although the severance will facilitate the creation of three new lots for residential purposes. The

retained lot as well as the three blocks that will have their area increased will comply with the

relevant provisions of the Zoning By-law.

Recommendation

Based on the review of the site plan and zoning for the property, it is reconmiended that consent

application B36-2004 be granted subject to the following conditions:

1. That the severed parcel merge in title with the adjacent property (Blocks 27, 28 and 29) inthe adjacent draft approved plan of subdivision (File No. 14T-92001).

2. That a registerable survey and deed be deposited with the clerk of the municipality within

one year of granting of consent.3. That the lands must conform to Sections 50(3) and 50(5) of theFlanningAct, KS.O., 1990,

as amended.4. That all taxes on the severed and retained parcels be in compliance with Municipal

requirements prior to the deed being stamped.

Mydocurnents\Ccnsents\2004’B 3 6-04\Repot L

LOCATION MAPCONSENT APPLICATION B36-2004

Part of Lot 35, Concession ‘B’

26 Harbour StreetOwner:Agent:

Shirley IrvineGordon Tobey

PLANNING REPORT


RE: Review of Application for Consent B37-2004Part of Lot 35, Concession ‘B’, Brighton

APPLICANT: Gordon Tobey Developments Ltd.


Background

Gordon Tobey Developments Ltd. has submitted an application for a lot addition. The subjectproperty is located at in Part of Lot 35, Concession ‘B’, north of Harbour Street. The location ofthe subject lands is illustrated on the attached map.

The purpose of the application is for lot additions to two lots an adjacent plan of subdivision(File No. 14T-92001). The retained lot would have an area of approximately 11 hectares (27

acres).

The parcel lobe severed has an area of approximately 600 square metres (6,458 square feet). The

parcel to be severed is currently vacant, but once added to the two lots in the plan of subdivision,

a single detached dwelling is proposed for each. The two enlarged lots will front on and have

access from Hickory Court. The subject lands are currently zoned Urban Residential One

Flolding (RI-Fl). Approval of this Consent Application would not result in the creation of anynew, separate lots.

Official Plan

The lands subject to this application are designated as Low Density Residential andEnvironmental Constraint Area on Schedule ‘A’ to the Official Plan of the former Trnvn of

Brighton. The parcel to be severed is within the as Low Density Residential land usedesignation. Section 10.4.3 “Consents” states that:

a. In addition to the above consideration of Section 10.4.2, it shallgenerally be the policy of this plan that consents to sever within theRural designation shall be discouraged and shall only be granted on alot-by-lot basis or for teclmical reasons such as property adjustments oreasements.

The proposed consent can be considered as “technical” in nature, as it is a lot addition. As noted,

no separate lot is proposed by the subject application.

Zoning By-law

The parcel to be severed is currently zoned Urban Residential One — Holding (RI-H) Zone. This

is the appropriate zone for the proposed residential use. The Ri Zone would permit a single

detached dwelling on the two lots that will have their area increased by the lot additions. The

Holding provision will delay development until all matters relating to the subdivision, such as the

Consent Application B37-2004 2Gordon Tobey Development Ltd.Part of Lot 35, Concession ‘B’, Brighton

engineering standards, storm water management, the subdivision agreement and the posting ofsecurities have been resolved.

Agency Comments

As of the date of this Report, comments from the County of Northumberland have been received.A copy of the County’s August 27u1 2004 letter is attached to this report. The County does notidentify any concerns with the application, however they do request that the following conditionsbe included:

That the applicant shall lay out and dedicate by deed to the County ofNorthumberland a strip of land insuring 15 metres (50 feet) from the centrelineof County Road 64 along the frontage of the retained portions for road wideningpurposes;

That the applicant shall register sufficient covenants on the title of the retainedportions to protect overland surface water drainage courses to ensure thatdrainage from the County road allowance properties shall remain unimpededover the retained portions.

Mr. Tobey has called the County regarding their requested conditions. His concern is that therequested conditions are not appropriate or necessary given the scope of the application. Wehave not yet received any additional response from the County. If the County agrees to drop ormodify their requested conditions we will bring this forward at the Council meeting.

If any other comments are received they will be brought forward at the September 7th meeting.

Conclusion

The subject application is an appropriate lot addition. No new lots are created by the severance,although the severance will increase the lot area of two lots in a draft approved plan ofsubdivision.

Recommendation

Based on the review of the site plan and zoning for the property, it is recommended that consentapplication B37-2004 be granted subject to the following conditions:

1. That the severed parcel merge in title with the adjacent property (Lots 5 and 6) in theadjacent draft approved plan of subdivision (File No. 14T-92001).

2. That the applicant shall lay out and dedicate by deed to the County of Northumberland a stripof land insuring 15 metres (50 feet) from the centreline of County Road 64 along the frontageof the retained portions for road widening purposes.

3. That the applicant shall enter into an agreement with the County of Northumberland toprotect overland surface ;vater drainage courses to ensure that drainage from the County roadallowance properties shall remain unimpeded over the retained portions and that suchagreement shall be registered on the title of the retained portions, all at the sole expense ofthe applicant.

Consent Application 1337-2004 3Gordon Tobey Development Ltd.Part of Lot 35, Concession ‘B’, Brighton

4. That a registerable survey and deed be deposited with the clerk of the municipality withinone year of granting of consent. -

5. That the lands must conform to Sections 50(3) and 50(5) of the FlanningAct, R.S.O., 1990,as amended.

6. That all taxes on the severed and retained parcels be in compliance with Municipalrequirements prior to the deed being stamped.

Mydocumenls\Consents\2004\B37-04\Report

9—27—04; 3:0OM;Nort1umber end Cty 9053721898 $ A

(Jorth&&nthr&

Fax 613-475-2599

August 27, 2004

Municipality of BrightonBox 189,Brighton, Ontario1(0K 1HO


Dear Sir:

Re: Tobey Developments 837-2004County Road No. 64

In response to the circulation noted above, we have reviewed the application and wouldrequest that the applicant be advised of the following conditions;

- that the applicant shall lay out and dedicate by deed to the County ofNorthumberland a strip of land ensuring 15 metres (50 feet) from thecentreline of County Road 64 along the frontage of the retained portions forroad widening purposes;

- that the applicant shall register sufficient covenants on the title of the retainedportions to protect overland surface water drainage courses to ensure thatdrainage from the adjacent County road allowance properties shall remainunimpeded over the retained portions.

Please contact me should additional information be required.

Thank you.

Yours

Peler Nielsen, C.E.T.Manager, Design & Construction

860 WithamSfreet, Cobcurg, Ortado, K9A 3M - Telephone (9O5 372-3329 . 1-800-354-7050 . Far (905) 372-1696

— nn,-r’l rTflfl fun I ,nnvr 0 0

LOCATION MAPCONSENT APPLICATION B37-2004Part of Lot 35, Concession ‘B’Owner: Gordon Tobey Developments Ltd.

PLANNING REPORT


RE: Review of Application for Consent B38-2004Part of Lot 2, Concession 7, Municipality of Brighton2423 County Road No.30

APPLICANT: William & Ann Haziewood and Ron and Sue Haziewood

AGENT: Biyce Haziewood

Date: September 2,2004

Background

Bryce Hazlewood as agent for William and Ann Hazlewood and Ron and Sue Hazlewoodhave submitted an application for consent for a lot addition. The subject property is located inPart of Lot 2, Concession?. The application proposes the severance of lands with an area ofapproximately 37,000 square feet (3437 square metres) from a 42.96-acre parbel. The severedparcel will be added to the property identified as 2423 County Road No. 30. The intent of the lotaddition is to enlarge an existing lot (2423 County Road No. 30). The enlarged lot will have anarea of approximately 58,780 square feet (5460 square metres). The retained lot will have anarea of approximately 42 acres (17 hectares). Approval of this consent application would notresult in the creation of any new lots.

The location of the subject lands is illustrated on the attached map.

Official Plan

The lands subject to this application are designated as Agricultural Area in theOfficial Plan ofthe former Township of Brighton. Section 7.4.2.6 of the Official Plan states that:

A consent for technical or legal purposes may be permitted where a separate lot- is not being created such as a boundary adjustment, easement or rights-of-way.

The lots which are subject of such an application must comply with the ZoningBy-law or the By-law must he amended.

As noted, no separate lot is proposed by the subject application. In addition, the lot addition willbring the Ona and Biyce Hazlewood lot (2423 County Road No: 30) into compliance with theminimum lot area requirement of the Zoning By-law.

Zoning By-law

The subject lands are zoned as Agricultural Exception No. 2 (A-2) in the Comprehensive ZoningBy-law. The lot to receive the lot addition is zoned Rural Residential (RRJ. With the lotaddition, this property will have an area of 58,780 square feet (5460 square metres) complyingwith the minimum lot area requirements of the RR Zone (4000 square metres).

Consent Application 1338-2004 2Part of Lot 2, Concession 7, Brighton

The lot to be retained ivill continue to comply with the minimum requirements for a lot in the A-

2 Zone. The minimum lot provisions of the A-2 Zone are as follows:

Minimum lot area 1.2 heclares (3.0 acres)Minimum lot frontage 45 metres (148 feet).

Agency Comments

As of the date of this Report, agency comments have been received from the local Health Unit

and Northumberland County. The Health Unit in their letter of August 27th 2004 indicates that:

the additional land will allow the owners to replace the existing sewage system,

as the present lot is considered small when maintaining adequate separation

between water supply and the sewage system.

Northumberland County in their letter of August 27th 2004 does not identi’ any concerns with

the application. The County does request that the following condition be included:

That the applicant shall lay out and dedicate by deed to the County ofNorthumberland a strip of land insuring 15 metres (50 feet) from the centreline

of County Road 30 along the frontage of the retained portions for road widening

purposes.

If any other comments received prior to the September 7ty Council meeting they will be brought

forward at that time.

Conclusion

The subject application is an appropriate lot addition. No new lots are created and the two

properties subject to this application will comply with the relevant provisions of the Zoning By

law.

With respect to the condition requested by the County of Northumberland, the retained lot does

not appear to abut County Road 30. There appears to be a thin strip of land between the lot to be

retained and the County Road. We will veri& this matter prior to the September yth Council

meeting. -

Recommendation

Based on our review of the consent application, the agency comments, the applicable official

plan policies and zoning for the property, it is recommended that consent application B38—2004

be granted subject to the following conditions:

1. That the severed lot will merge in flUe with the adjacent property having a Municipal address

of 2423 County Road No. 30.2. That a registerable survey and deed be deposited with the clerk of the municipality within

one year of granting of consent.3. That the lands must conform to Sections 50(3) and 50(5) of the FlanningAct, R.S.O., 1990,

as amended.

Consent Application B38-2004 3Part of Lot 2, Concession 7, Brighton

4. That all taxes on the severed and retained parcels be in compliance with Municipalrequirements prior to the deed being stamped.

if the lot to be retained does have frontage on County Road 30, we will be recommending oneaddition to satis’ the County’s request:

5. That the applicant shall lay out and dedicate by deed to the County of Northumberland a stripof land insuring 15 metres (50 feet) from the centreline of County Road 30 along the frontageof the retained portions for road widening purposes.

Mydocuments\Consents\2004\B38-04U{cport

LOCATION MAPCONSENT APPLICATION B38-20042423 County Road No. 30.Part of Lot 2, Concession 7

N

Huliburton, Kawurtha, Pine Ridge District

Health UnitA. Hukowich, M.D., C.C.F.P., D.BH. • Medical Officer of HéalIh • Execulive Officer, board of Health

2004 August27

Mr. Ken Hurford, MCW, RPP

Municipal PlannerMunicipality of Brighton

35 Alice St., Box 189

Brighton, Ontario

1(0K tHU

RE: LOT ADDITION - WM & ANN HAZELWOOD

RON & SUE HAZELWOOD

PART OF LOT 2, CON. 7, BRIGHTON

Dear Ken:

As requested a visit was made to the above mentioned property to consider the ot addition to the

residential property at 2423 County Rd. 30.

The additional land will allow the owners to replace the existing sewage system, as the present

lot is considered small when maintaining adequate separation between water supply and the

sewage system.

We trust this meets with your approval

Yours truly

Edward . Thstan, C.P.H.1.(C), E.H.A.C.

Land Control Co-ordinator

EJRfdb R!CEITEB AUG 2 72094

0

MAIN OFFICE200 Rose Glen Rood

Pod Hope, Ontario WA 3V6(905) 885.9100

Fax (905) 885.9551E-mail: [email protected]

Toll.free 1-866.888.HKPR (4577)

BRIGHTONBox 127

35 Alice Sb-eelBdhton, Ontario <OK li-jo

(613) 475.0933Fax: (613) 475.1455

C AMP B E LI FO R DBox 449

22 Doxseo Avenue SouthCon,pbellford, Ontario KOL ILO

(705) 653-1550Fox: (705) 653.3114

0

HALIBU RIO NBox 570

Highway 118Halibudon. Ontario KOM ISO

1705) 457.1391Fax: (705) 457.1336

0

LINDSAY100 Angeline Street Southlindsay, Ontario K9V 31.5

1705) 324.3569Fax: (705) 324-0455

I

# 6— 1

8—27—04; 3:ODPM;Nort-lumber and Cty

&7&tumhcr(ay9

9053721596

August 27, 2004

Municipality of BrightonBox 189,Brighton, OntarioKOK 1HO

Fax 613-475-2599


Dear Sir:

Re: Hazelwood 838-2004County Road No. 30

In response to the circulation noted above, we have reviewed the- application and wouldrequest that the applicant be advised of the following conditions:

- that the applicant shall lay out and dedicate by deed to the County ofNorthumberland a strip of land ensuring 15 metres (50 feet) from thecentrehne of County Road 30 along the frontage of the retained portions forroad widening purposes;

Please contact me should additional information be required.

Peter Nielsen, C.E.T.Manager, Design & Construction

Thank you.

Yours

860 William Strct, Cobourg, Onrodo, K9s\ 3M . Telephone (905) 372-3329 - 1-800-354—7050 - Fx (905) 372-1696

The Municipal Performance Measurement Program is an initiative of

the Ministry of Municipal Affairs and Housing requiring all

municipalities to collect data to measure their performance in nine core

municipal service areas, including police, water and road services, and

report on 25 efficiency and effectiveness measures. The Minister has

the statutory authority under Section 63 of the Municipal Act to ask

municipalities for information related to the efficiency and

effectiveness of municipal operations and to publish this information.

Efficiency refers to measures of the amount of resources used to

produce a given amount of service. Efficiency measures are normally

expressed as unit costs- the operating costs for police services per

household, for example.

Effectiveness refers to the extent to which a service is achieving the

intended results. It focuses on the outcomes of a service or program in

terms of the quality of service and benefits a service delivers to

taxpayers or the impact the service has on quality of life in a

community. The total crime rate per thousand persons is one example.

/I;

MUNICIPAL PERFORMANCE MEASUREMENT PLAN

Municipality of Brighton Year 2003 Report

Loca’ Government

2003 2002

13.60% 13.09%

Efficiency Measure

Operating costs for governance and corporate

management as a percentage of total municipal

operating costs.

ObjectiveEfficient municipal government.

Fire Services

2003 2002

$0.49 $0.40

Efficiency Measure

Operating costs for fire services per $1,000 of

assessment.

ObjectiveEfficient municipal fire services.

Police Services3.1 OPERATING COSTS FOR POLICE 32 VIOLENT CRIME RATh

SERVICES

2003 j 2002 2003 2002

$229.45 I $241.90 8.25 7.T3

Efficiency Measure Effectiveness Measure

Operating costs for police services per Violent crime rate per 1,000 persons.

household.Objective

Objective Safe communities.

Efficient municipal police services.

1.1 OPERATING COSTS FOR LOCALGOVERMENT

2.1 OPERATING COSTS FOR FIRESERVICES

Po[ce Services3.3 PROPERTY CRIME RATE 3.4 TOTAL CRIME RATE2003 I 2002 200321.79 23.07 46.96 18.41

Effectiveness Measure EffectivenessProperty crime rate per 1,000 persons. MeasureTotal crime rate per

Objective 1,000 persons.Safe communities.

Note that the definitionused refers toCriminal Code Objectiveoffences, excluding Safe communities.traffic.

Notes Notes

PoHce Seivces

2002

3.5 YOUTHS CHARGED2003 200292.84 127.16

Effectiveness MeasureNumber of youths charged per 1,000 youths.

ObjectiveSafe communities.

Notes

Road Services4.1 OPERATING COSTS FOR PAVED 4.2 OPERATING COSTS FOR UNPAVED

ROADS ROADS

$3,332.79 $3,155.94 $3,626.43 I $3,839.88

Efficiency Measure Efficiency Measure

Operating costs for paved (hard top) roads per Operating costs for unpaved (loose top) roads

lane kilometre. per lane kilometre.

Objective Objective

Efficient maintenance ofpaved roads. Efficient maintenance of unpaved roads.

Notes Notes

Road Services4.3 OPERATING COSTS FOR WINTER 4.4 CONDITION OF PAVED ROADS

MAINTENANCE OF ROADS2003 2002 2003 2002

$479.17 $353.30 96.70% 94.74%


Operating costs for winter maintenance of Percentage of paved lane kiometres where the

roadways per lane kilometre maintained in condition is rated as good to very good.

winter.Objective

Objective Provide a paved lane system that has a

Efficient winter control operation. pavement condition that meets municipalstandards.

Notes Notes

2003 2002 2003 2002

Road SeMces

Conventona! TransitNot applicable for the Municipality of Brighton

Wastewater

2002 2003 I 2002

$153.47 I $129.28 0.0000 0.0000

Efficiency Measure Effectiveness MeasureOperating costs for collection, treatment, and Number of wastewater main backups per 100disposal of wastewater per megallire kiometres of wastewater main in a year.(linegrated system).

ObjectiveA megailtre equals 1,000,000 litres or 1,000 Prevention of human and environmental healthcubic metres. hazards.

ObjectiveEfficient wastewater system.

4.5 WINTER EVENT RESPONSES2003 2002

100.00% 100.00%

EffectivenessPercentage of winter events where the responsemet or exceeded locally determined roadmaintenance standards.

ObjectiveProvide an appropriate response to winterevents.

2003

6.3 OPERATING COSTS FOR 6AWASTEWATER MAIN BACKUPSWASTEWATER SYSTEM

____________________

Wastewater6.5 WASTEWATER TREATMENT BYPASS

2003 2002

Storm WaterNot applicable for the Municipality of Brighton

Ddnk[ng Water Servkes8.3 OPERATING COSTS FOR TREATMENT 8.4 BOIL WATER ADVISORIES

AND DISTIBUTION2003 2002 2003 2002

$454.14 I 0.0 0.0


Operating costs for the treatment and Weighted number of days when a boll water

distribution of ddnking water per mega!itre advisory issued by the Medical Officer of

(Integrated System). Health, applicable to a municipal water supply,was in effect.

A megalitre equals 1,000,000 litres, or 1,000cubic metres. Objective

. ,Water is safe and meets local needs.

ObjectiveEfficient treatment and distribution of water

0.0% 0.0%

Effectiveness MeasurePercentage of wastewater estimated to have bypassed treatment.

ObjectiveEffective wastewater and treatment and disposalservices.

Drinking Water Services

So[d WasteNot appilcable for the MunicpaIity of Brighton.Operations are through the County of Northumberland.

Land Use Pann[ng10.1 GROWTH AND SETTLEMENT 1O.2PRESERVATION OFAGRICULTURA1

PATTERN LAND IN REPORTING YEAR

75.3% B1.58% 100.00% 100.00%Effectiveness Measure Effectiveness Measure

Percentage of new lots, blocks and/or units with final Percentage of land designated for agriculturalapproval which are located within settlement areas. purposes which was not re-designated for other

uses during 2002.

Objective ObjectiveNew lot creation is occurring in settlement areas. PreseNe agricultural land.

8.5 DRINKING WATER MAIN BREAKS2003 2002

4.0000 10.41 67

Effectiveness MeasureNumber of water main breaks per 100 kilometresof water distribution pipe in a year.

ObjectiveImprove system reliability.

Notes

2003 2002 2003 2002

Land Use PlanningI D.3 PRESERVATION OF AGRICULTURAL I D.4 CHANGE IN HECTARES

LAND (RELATIVE TO 2000) AGRICULTURAL LAND (DURINGREPORTING YEAR)

2003 2002 2003 2002

100.0% I 100.0% 0 0

Effectiveness Measure Effectiveness Measure

Percentage of land designated for agricultural Number of hectares of land originally designated for

puiposes which was not re-designated for other agricultural purposes which was re-designated for

uses relative to the base year of 2000. other uses during 2002.

Objective Objective

Preserve agricultural land. Preserve agricultural land.

Land Use PIannng

2003 2002

0 0

Effectiveness MeasureNumber of hectares of land originally designated foragricultural purposes which was re-designated forother uses since Januaiy I, 2000.

ObjectivePreserve agricultural land.

10.5 CHANGE IN AGRICULTURAL LAND(SINCE 2000)

NOTES TO COUNCIL September 7, 2004

From the Director of Public Works and Environmental Services

Cheer and Price Construction — Omar Property Development

As requested by the Committee of the Whole on August 31, 2004, the applicants met with staff;

Mayor Herrington and Councillor Ostrander, on September 2, 2004, to discuss the merits and

cost estimates for the alternative road configurations for this development.

The developer has submitted two options for Council’s consideration. The first option provides

for an extension of a connecting street from Oliphant over to Pinnacle. However, the developer

has stated that he does not need a connecting street to service the development and has

submitted another option that shows two cul-de-sacs. Therefore, unless the Municipality is

prepared to assume the extra road costs, the developer prefers to construct the cul-de-sacs.

The attached plans illustrate the two alternatives and compare the amount of roadwork for each.

It has been estimated that it may cost $48,000 more to construct a connecting road between

Perry and Dufferin instead of the two cul-de-sacs. Also, the other two sections of the road

would cost $60,000 to $80,000. In addition there would be the extra cost of almost $30,000 to

loop the watermain.

Therefore, the Council and staff representatives at the meeting agreed to recommend to Council

that the Municipality should not participate in cost sharing for the road for this development

and allow the developer to construct two cul-de-sacs.

5(b)

TO - Council

SUBJECT - Various Items

1. Municipal Web Site2. ODRAP3. Organizational Review — Terms of Reference

1. Municipal Web Site - As Council is aware, George Lucas at the Chamber ofCommerce is the person responsible for the maintenance of our web site. On August18th he obtained a report showing the number of visits to our web page and itsurprised me learn that in July and August of this year, we had an average of 138visits per day. In July we had a total of 4,297 visits to our web site. This indicates tome that a lot of people are using this medium to get information ... it also indicatesthat we should be putting more information on it for review. I will be talking to allthe departments about using on a regular basis. Personally, I fmd the biggest drawback to getting information on the web, is the time to prepare it, however, we willhave to address that issue. George indicated that the Public Works Department makesthe most use of the web page, which is good. Attached is the summary from our webpage for the last year.

2. ODRAP — As advised to Council at the Committee of the Whole meeting on August30th I am recommending that the recommendation of the August 9th Conmiinee of theWhole meeting, and subsequently approved by resolution at the August 16° Councilmeeting, be rescinded because the number of claims does not warrant and wouldprobably not qualify for ifinding from this program. A resolution will be prepared todeal with this issue.

3. Organizational Review — Terms of Reference — Council will recall that at the lastCouncil meeting, a decision was confirmed to obtain outside assistance to review theorganizational structure that now exists. To issue a Request For Proposal (RFP) forthis sen’ice, I am attaching a copy of the proposed Tents of Reference to besubmitted to the consultants. It is my intention to forward the RFP to approximately

five or six firms who deal with this type of work. I would like Council’s approval ofthe Terms of Reference.

DATE - Sept 2,2003

Usage Statistics for town.brighton.on.ca - Last 12 Months Page 1 of I

Usage Statistics for town.brighton.on.ca

Summary Period: Last 12 MonthsGenerated 18-Aug-2004 14:10 EDT

Generated by Webalizer Version 2.01

MonthDaily Avg Mthly Totals

JUl 2004

II VTsits Pages Files II Hits

Jun 2004

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1359312904

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3031 131124151

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2451

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flle:IIC:\WI...\Usage Statistics for town.brighton.on.ca - Last 12 Months.htm 08/24/2004

REPORT FROM C.A.O.

DATE - Sept. 2, 2004

TO - Council

SUBJECT - Various Items

1. Municipal Web Site2. ODR4P-3. Organizational Review — Terms of Reference

4. Electrical Power supply — Curling Club

1. Municipal Web Site - As Council is aware, George Lucas at the Chamber of

Commerce is the person responsible for the maintenance of our web site. On August18th he obtained a report showing the number of visits to our web page and it

surprised me learn that in July and August of this year, we had an average of 138

visits per day. Tn July we had a total of 4,297 visits to ow web site. This indicates to

me that a lot of people are using this medium to get information ... it also indicates

that we should be putting more information on it for review. I will be talking to all

the departments about using on a regular basis. Personally, I find the biggest draw

back to getting information on the web, is the time to prepare it, however, we will

have to address that issue. George indicated that the Public Works Department makes

the most use of the web page, which is good. Attached is the summary from our web

page for the last year.

2. ODRAP — As advised to Council at the Committee of the Whole meeting on August30th I am recommending that the recommendation of the August 9th Committee of the

Whole meeting, and subsequently approved by resolution at the August 16th Council

meeting, be rescinded because the number of claims does not warrant and would

probably not quali’ for funding from this program. A resolution will be prepared to

deal with this issue.

3. Organizational Review — Terms of Reference — Council will recall that at the last

Council meeting, a decision was confirmed to obtain outside assistance to review the

organizational structure that now exists. To issue a Request For Proposal (RFP) for

fins service. I am attaching a copy of the proposed Tenns of Reference to be

submitted to the consultants. It is my intention to forward the RFP to approximately

five or six firms who deal with this Wpe of work. I would like Council’s approval of

the Terms of Reference.

4. Electrical Power supply — Curling Club - At the last Committee of the Whole

meeting, Dan Rowley made reference to a power problem at the Curling club which

was considered one of the causes of why theft machinery is burning out. I spoke toHydro One and the Curling club about this problem and how it could be fixed.Apparently, the problem is the type of service that supplies the curling club is notappropriate for today’s refrigeration machinery and Hydro One deems this to be anupgrade, thus the requirement for the curling club or someone to pay the upgradingcosts of the hydro transformer. It is estimated this cost is about $ 3,600 and HydroOne will have to order the transformer. The curling club is planning on starting theftequipment on Oct. 4th and would like the problem rectified before that date. A largemotor burnt out last spring cancelling the curling early and they have repaired it butdo not want to see another bum out. The problem is that after replacing the motor,the curling club does not have the funds to upgrade the hydro service. They arerequesting Council consider upgrading the service if it can be done before the start upof the ice making equipment. If the curling ice is installed, they cannot afford to havethe ice plant shut down for a day to change this service, they will lose the ice.Unfortunately, time is of essence in this issue.

TERMS OF REFERENCE -

Mission —

To conduct a review of the organizational structure and the staffing levels of the

Municipality of Brighton for 2004 and forward five years.

Background —

The Municipality of Brighton is located along Lake Ontario, in the southeastern portion

of the County of Northumberland and was created in 2001 by the amalgamation of the

former Town and Township of Brighton. Brighton is approximately one and a half hours

driving time east of Toronto and vest of Kingston. Other urban centres in close

proximity are Cobourg, Trent Hills, Quinte West and Belleville.

Because of a constant growth pattern over the last five years, the population of the

Municipality now exceeds 10,000 people. Brighton is home to an adult style community

which is attracting a significant population from the larger centres of the Greater Toronto

Area and Ottawa. The younger families are also attracted to the area because of the

affordable accommodations and goods.In the last five ‘ears our building statistics have shown a growth in single family homes

of approximately 100 building starts per year.Brighton is a vibrant community which is attractive to a lot of new residents and visitors.

Terms of Reference —

The Municipality of Brighton is requesting a detailed review of the organizational

structure of the various departments and functions that make up the municipality’s

operations, administration, governance and provide options and recommendations for

Council decision.

Proposed Scope of Work —

The Municipality of Brighton is requesting the following as the minimum requirements to

be undertaken by the consultant retained to conduct this review —

> A detailed review of the existing organizational structure for all departments,

including, but not limited to, the organizational charts, policy documents, distribution

of work loads, and the identifying of any strengths and weaknesses of the current

structure.Obtain input, comments and suggestions of key staff members, Council and a

sampling of other staff;> clarify roles and responsibilities while utilizing best practices techniques;

> review of peer organizations and comparative analysis of the organization set up and

staffing with similar sized municipalities in population;

> analysis the applicability of other organizational models to the Municipality of

Brighton operations

> Present other models that may satis1’ the municipality’s needs if different from thecurrent model;Prepare and present a report to senior staff and Council incorporating the findings,suggestions and recommendations.

If the respondent wishes to include other work options to be considered by themunicipality, such as additional steps or reviews, they may submit it with cost estimatesfor council consideration.

Proposed Time Frames —

It is proposed that the requested review be completed and presented to Council forconsideration on or before November 30th, 2004 with a view to implement any changeseffective Jan. 1, 2005.

If this time frame cannot be achieved and a contractor wishes to propose other dates,please advise the Municipality and a decision will be made on the applicability ofextending the timeframe.

Fecs and Costs —

Respondents to the RFP are requested to submit a costing for the project, including aschedule showing the work proposed, number of days required to research and preparethe report and when a final report may be expected to be delivered to the municipality.

CORPORATION OF THE MUMCIPALITY OF BRIGHTONPublic Works & Environmental Services 67 Sharp Road,

Box 250Brighton, Ontario

KOK 1HO

Ph: 613-475-1162/613-475-1830Fax: 613-475-2599

E-mail: pbereach.net

Mr. Jim Phillips, P.Eng.Director of Public Works& Environmental ServicesMunicipality of Brighton67 Sharp RoadBrighton, ONKOK1HO

re: Boat at 1 Rogers Road.

Sir:

As per Council’s wishes I have conducted further investigations regarding the vesselberthed at # I Rogers Road in order to clarify questions arising from complaints fromhomeowners in Brighton Bay Estates.

As you are already aware letters have been sent to Mr Robert Thorndyke (April 6, 2004)and Mr. Daniel Thompson Q.C. (July 19, 2004) advising that there is no Municipal By-Lawwhich prohibits the vessel from being berthed at this location.

As late as 1990 this vessel, the Blue Chip VII, was operated as a commercial vessel in theToronto Harbour area. In 1990 The commercial license was not renewed and the BlueChip became a privately owned pleasure craft. Many individuals have purchasedcommercial vessels ie. ‘Boston whalers etc’ which were originally constructed to becommercial fishing craft, and converted them for private use.

This vessel is registered federally as per the Canada Steamship Act and is listed in theFederal Registry of Vessels ‘Blue Book’ as the “Blue Chip VII”. Under the federal statutesvessels registered in this way (generally expensive vessels) can be mortgaged by financialinstitutions much the same as houses are mortgaged. The ownet of the Blue Chip VII islisted as Peter Rokowski, but the mortgage holder is Sharon Heipel, Mr. David Holowack’swife.

In order to understand this issue better it is important to go back a little more than adecade and examine the history of this issue.

4L&)

August 19, 2004

In 1992 Mr Holowack purchased the property at # I Rogers Road from Mr James Knight,the developer of Brighton Bay Estates. Prior to the purchase Mr. Holowack ensured thathe would be permitted to bring his vessel with him by having Mr. Knight include and signthe appropriate clauses into the purchase agreement to aLlow him to do so. Thesedocuments specify that Mr Holowack is guaranteed free and unfettered access to thechannel and berthing rights. Mr Knight had the power to make all covenants with respectto the Brighton Bay Estates, and upon his death, this power transferred to his wife andfamily. Mr. Holowack has these signed documents.

On purchasing the house and property Mr. Holowack moved his boat to its’ presentlocation.

In 1996 the Blue Chip VII was removed to a marine repair facility where the hull andtransom were repaired and refurbished and completely repainted. The vessel was returnedto the dock at 1 Rogers Road in July 2003. All major repairs were undertaken at the boatyard.

In 2003 a complaint was registered with the Canadian Coast Guard with respect to thisvessel, and an inspection was made by them. The results of the inspection were that thevessel was sound and in good condition. Particulars of the inspection are available ifrequired.

Mr. Holowack assures me that the work that he is currently engaged in is purely cosmeticand superficial. It might be described as a hobby. He is installing fibreglass skirting on therailings (aLready completed on one side), and tinted tempered glass on the upper deck.Because he is sensitive to the issues with the neighbours he has rented storage spacewith Bigford Storage where he keeps his materials, and cuts the material to correct sizeat that location. Considering the storage fees amount to approximately $103.00 per month,Mr Holowack has done more than what one might consider necessary to appease theneighbourhood.

I have visited this location on numerous occasions and have never found any evidence ofconstruction related to this vessel on or around the property except on weekends when Mr.Holowack has actually been working on his boat. I have always found the property in aclean and tidy condition. On the occasions when I have visited this site while Mr Holowackwas working on the boat I have never heard an excessive amount of noise.

I have interviewed a neighbour of Mr Holowacks’ with respect to this issue. I am advisedthat he has never been bothered or annoyed by any unnecessary noise from the work onor about the vessel, or from radios.In fact, he stated that when Mr. Holowack is working on his boat and is playing his radio,he can hear the residents conversing across the channel at # 1 Ronald Crescent. Hestates that he has never seen or heard Mr Holowack working on his boat after 9:00 PM.He further stated that he has never observed anything but superficial, cosmetic typerepairs being made to this vessel at this location.

I have never received any complaints of noise in respect to this property or specifically asa result of work being performed on the vessel.

The allegation that this vessel is a derelict and an eyesore, having a derogatory effect onthe property values in the area can be rebuffed with a neighboues assistance. In 1993 hehad a profession appraisal done. In 2003 he again had his property professionalappraised, and found that the value of his property had risen by 25%. According to theappraiser, the presence of the vessel made no impact on the value of his home andproperty. If required I would be able to provide copies of these appraisals.

Since Mr. Holowack lives and works in Toronto, work on the boat is almost exclusivelyperformed on weekends. Typically, Mr. Holowack will arrive on a Saturday morning towork on his boat, and may stay overnight to continue work on Sunday. As previously statedMr. Holowack brings his tools and building materials with him, and removes them when heleaves.

If we were to question whether Mr. Holowack is permitted to stay on this vessel overnight,we might resort to Zoning By-Law# 140-2002 Section 4 ‘General Provisions’. AlthoughSection 4.6 of this By-Law does not specifically refer to a vessel on water, it is our closestreference point. In this section we find that motor homes, trailers, buses, or tents can beused for living, sleeping, and eating accommodation for persons within the Municipalityprovided that they are not used for this purpose in excess of 60 days within any calendaryear.

lithe above noted section were to apply, and if Mr. Holowack attended the boat everyweekend from the beginning of June to the beginning of October, he would only haveoccupied the boat for 18 days.But the fact is, Mr. Holowack does not travel to Brightonevery weekend, and therefore it is impossible for him to have exceeded the 60 day limit.

While on the boat Mr Holowack prepares food for himself and uses a water hook up fromthe house for this and washing. After having owned the property for 2 years, Mr. Holowackapproached Mr. Knight for the purpose of installing a drainage hook-up with the existingsewers. Mr. Knight undertook this request and hired local individuals to perform thenecessary work, and a hook-up was installed. Whether Mr. Knight received Municipalapproval or any permits which may have been necessary I do not know.Regardless of the foregoing, Mr Holowack has installed a portable toilet on board thisvessel for his private use, and he states that solid waste is removed by him when hereturns to his home in Toronto. Use of the sewer connection is exclusively for cooking andpersonal hygiene.

A further complaint dealt with the planting of a hedge on the Holowack property. As youare aware, the Municipality has no By-Law addressing fences, or the planting of hedges,providing that they are situated on the individuals property and not on Municipally ownedlands. Essentially what this means is that Mr. Holowack could erect a 10 foot high fencearound his property providing that it did not extend onto Municipal road allowance, or into

a sight triangle. The only legal avenue available to prohibit this would be to pursue anypossible covenants of the Brighton Bay Estates which might be in place, however thiswould be a matter for the Civil Courts to decide.

Lastly, dealing with the question of employees of the Municipality having the right of entryand inspection. In general, the Municipality does not have the right to enter upon anyperson’s property without that persons’ permission unless it is in the interest of publicsafety or other extenuating circumstances, and unless a specific statute affords the rightto do so. Even police officers must have a warrant signed by the Courts, or in lieu of awarrant, reasonable and probable grounds when dealing with certain offences. EnglishCommon Law upholds an individuals’ safety within his own dwelling, or in this case on hisown vessel. This, and the Canadian Charter of Rights and Freedoms, along with amultitude of other statutes, guarantees Canadian citizens protection against the unlawfultrespassing upon their property by tpersons in authority’.

Great care must be taken by employees of a Municipality to ensure that the rights of theindividual are not violated.

In conclusion, nothing that I have discovered has changed my original position as to thestatus of this vessel. I recommend that the position of the Municipality as outlined in thecorrespondence to Mr. Thorndyke and Mr. Thompson should not be altered. This issue isa civil matter, and would best be dealt with by private litigation. There is no Municipal ByLaw which can be applied in this matter

The complaint of unnecessary noise has not been made in the past. If any resident wishesto make a formal complaint and is willing to give evidence in Court, I am prepared to laythe appropriate charge.

Respectfully submitted,

Ronald GrumethBy-Law Enforcement Officer

RECEIVEi AUG 2 420D’4The Law ornces of

Russell, Christie, Miller, Koughan, Winnitoy, Veldboom, LLP505 MEMORIAL AVENUE, P.O. BOX 158, ORILUA, ONTARIO, L3V 633 TELEPHONE (705) 325-1326

FAX (705) 327-1811EMAIL [email protected]

Please reply to:W.D. Russell (Ext 241)Email: wthiissell(Thrussellelnistie.cntn

August 18, 2004The Municipality of BrightonP.O. Box 18935 Mice StreetBrighton, OntarioKOK1HO

Attention: Jim PhillipsDirector of Public Works

Dear Mr. Phillips:

Re: Brighton Traffic - William CarmichaelOur File: 19-172-001

Thank you for your email of August 9, 2004.

The details that Mr. Carmichael gave me about this road were sketchy, but he did send me asketch (attached) saying that the gated portion had been in place for some 40 years, and wasopened only in the winter for snowplowing.

Let me add the following comments.

There can be no question that the road is a “public highway”. I say this because:

a) it is a road allowance on an original Town Plan;b) it has existing municipal services under it.

The questions to be asked are:

1. Is the road an assumedpublic highway in view of the gating that was placed across thenorth end which restricted public use?

(0

W.D. (RUSTY) RUSSELL, CC., COUNSEL DAVID M. WINNrrDY, WB.DOUGLAS S. CHRISTIE, Bk, WE EDWARD B. VELOBOOM, MSc., Pt, LLB.MICHAEL M. MILLER, B.Sc. n Comm., [LB. DANIEL E. KUZMYK. Bk, LLB..WILLIAM S. KOUGHAN, [LB.

—2—

2. if prior to the 40 year period, the road had been assumed by the municipality as athrough street this raises the next question. Did the municipality, when it commencedgating, comply with the predecessor to Section 297(1)(c), RS.O. 1990?(Corresponding sections in the Municipal Act in the 1 960s and I 950s were verysimilar). That is, did they publish a Public Notice of partial closing, and register theBy-law on title? That is the legal steps the municipality would need to take in order tohave a valid restriction.

3. if such a by-law was not passed, then the municipality has been violating public rightsduring this 40 year period.

4. ifsuch aBy-law (partial closing)waspassed andregistered, thenyouneed anewBy-lawto remove that restriction.

if the municipality wishes to “clear the decks”, then why not pass a Confirming By-law,confirming the road is assumed by the municipality for maintenance purposes. Then, from aliability standpoint, the municipality knows where it stands with respect to an assumed road.Otherwise, if an accident should occur in the area, the municipality may expose itself to some“complicated” type oflitigation aflegingthe accidentwas onmunicipal land, not on amunicipalhighway.

Yes, my recommendation is thatthe municipality should start freshwith a Confirming By-law.

manic you for your comments.

Yours truly,

W.D. Russell, Q.C.WDR: chin

cc: Mr. William Carmichael101 Sanford StP.O. Box 39Brighton, OntarioKOK 1110

SEPT 1, 2004 MUNICIPALIfl OF BRIGHTON PAGE: 14

440 pm COUNCIL CHEQUE REGISTER LINDA WIDDIFIELD

CO!QCUEEE TOTALS

CJNHIrrES AMOU?T

UNASSIGNED CHEQUE REGISTER 132,89492

GENERAl, ACCOUNTS S1G,35B.89

ALL COMMITTEES 649,253.B1

SEPT 1, 2004 MUNICIPALITY OF BRIGHTON PAGE:

4:40 pm COUNCIL CHEQUE REGISTER LINDA WIDUIFIELD

UNASSIGNED CHEQUE REGISTER

CHEQUE MULT:PLE PAYMENT

CHEQUE DATE VENDOR KANE DI STEIBUTI ON ANOUNT

011000 AUG 20 PETTY CASH 23.62

20040811 REPLENISH PETFY CASH

011803 AUG 20 RECEIVER GENERAL FOR CANADA 8,007.96

Y951 PAYROLL REMITTANCES 5,254.21

y952 PAYROLL REMITrANCES 1,852.68

Y953 PAYROLL REMITTANCES 901.07

011804 AUG 20 RECEIVER GENERAL FOR CANADA 718.08

Y954 PAYROLL REMIrFM;cES 363.18



011808 AUG 20 ROYAL BANE VISA 73.20

WP VISA AUG04 W PEARSON VISA AUG 2004

011809 AUG 20 JOSEPH IIARCEL SEGUIN 375,39

OVERPAYMENT OVERPAYMENT-

011810 AUG 20 LUC ALLIE - 95.90

OVERPAYMENT WATER ACCT OVERPAYMENT

011811 AUG 20 JOHN AND EVA WIDDICI.S 365.12

OVERPAYMENT OVERPAYMENT UP TAX ACE?

011821 SRP 01 OMERS 16,030.52



1940 PAYROLL REMITTANCES 3,198.60


YSSO PAYROLL REMITTANCES 3,300.92

1967 PAYROLL RE!UTCAECES 3,203.60

011823 SEP 01 WORKPLACE SAFETY INSURANCE 30 2,179.53

1521 PAYROLL REcnAflcES 397,31

Y930 PANROLL p.EMITEncCES 10.78

Y935 PAYROLL REMITTANCES 16,09

1941 PAYROLL REMITTANCES 418.81


Y9S9 PAYROLL REMITTANCES 454.04


011624 SEP 01 TEMPLEMAN, MENNINGA, FORT, SULFA 185 .00

03539 LEGAL RE PENEX LIMITED

011825 SEP 01 THE GREER GALLOWAY GROUP INC. 7,704.20

462 LAI.EHL’?ST ST CONSULTING 4,554.36

464 PRESOHILE PROJECT 3,109.84

SEPT 1, 2004 MUNICIPALITY OF BRIGHTON PAGE: 2

4:40 po COUNCIL CHEQUE REGISTER LINDA WIDDIFIELD


CHEQUE MULTIPLE PAYMENT

CHEQUE DATE VENDOR NANE -

CISTEIBUTION ANOUNT

021839 SEP DI REALTAX INC. 3,086.95

10151 NOTICES ND5N0306 375.85

10152 NOTICES NDBNO3-08 37965

10164 CANCELLATION NDBNO3-11 187.25

10227 SET UP FILES NDBNO4-02 428.00

10238 SET UP FILES NThThN04-02 428.00

10239 SET UP FILES NDMNQ4-03 428.00

10240 SET UP FILES NDBND4-O4 428.00

1031% ND3NO3—07 420.00

011043 SEP 01 RECEIVER GENERAL FOR CANADA 15,458.03


‘(961 PAYROLL REMITTZJ4CES 1,520.20

‘(962 PAYROLL REMITTANCES 09074

‘(969 PAYROLL REMITTANCES 4,889.14



011844 SEP 01 RECEIVER GENERAL FOR CANADA 1,653.50

‘(963 PAYROLL REMITTANCES 364.79


‘(965 PAYRDLL REMITTANCES 244.62

Y972 - PAYROLL REMITTANCES 450.20


‘(974 PAYROLL P.EMITTANCES 171.67

011845 SEP 01 MINISTER OF FINANCE EMT 2,935.42



‘(939 - PAYROLL REMITTANCES 122.64



‘(966 PAYROLL REMITTANCES 58745


011960 SEP 01 OWE 23,5281

CMS000G49 WATER METER INSTALLATIONS 14,94751

CR5000666 WATER METER INSTALLATIONS 6,68100

011863 SEP Dl B & M CARPEr SALES & SERVICE 504 90

54577 WATER METER CONTRACT-CARPET

011680 SEP 01 KAWARTHA PINE RIDGE DISTRICT 3,24000

AUGUST 2004 EDUCATION TAX AUG 2004

011896 SEP 01 GD. JEWELL ENGINEERING INC. 966.81

92806 401 CORRIDOR STUDY

SEPT 1, 2004 MUNICIPALITY OP BRIGHTON PAGE: 3

4,40 pm COUNCIL CMEQUE REGISTER LINDA WIDDIFIELU



CHEQUE DATE VENDOR WANE DISTRIBUTION ANOUJC

011903 SEP Dl ELAINE SIMPSON 37.00

NAT SEC REFUND WATER SEC DEPOSIT REFUND

011904 SEP 01 LYITE PAPINEAU 36.05

WAT SEC REFUND WATER SEC DEPOSIT MEFmrn

011905 SEP 01 LAvEmOE FINCH 34.90

NAT SEC REFUND WATER SEC DEPOSIT REFUND

011906 SEP 01 DM1151, STEELE 34.00

WAT SEC REFUND WATER SECURITY DEPOSIT REFmm

011909 SEP 01 CHRISTOPHER lIED SUE LEGACY 9.06

NAT SEC REFUND WATER SECURITY DEPOSIT REFUND

011527 SEP 01 BAITERRE CONTRACTING LIMITED 4E,608.43

CERT #9 PRESQUILE PROJECT CURT #9

C0MMIRrEE TOTAL 132,894.92

THE ABOVE ACCOUNTS HAVE EREN AUThORIZED FOR PAYMENT

ON TEIS DAY OF 2001.

_____________

MAYOR___________________________________________________

RAG/DIR OF FINANCE__________________________________


4:40 pm COUNCIL CHEQUE REGISTER LINDA WIDDIFIELD

GENERAL ACCOUNTS


CHEQUE DATE - VENDOR NAME DISTRIDUTION AMOUNT

011798 AUG 20 BELL CANAIJA 1,315.32

4750302AUG04 TELEPHONE 176.78


4750670A0G04 TELEPHONE 34250

4750694AUG04 TELEPHONE -

67.51

4751162AUGD4 TELEPHONE 402.39

4751840AUG84 TELEPHONE 69-92

4752222 TELEPHONE 122.48

9660096JUL04 ED TELEPHONE 57.84

011799 AUG 20 IWDRO ONE 5,339.93

0239989005AUG04 HYDRO 161.79

0433017004AUG04 HYDRO 2,255.28

1535221018AU304 RYOP.O 988-32

1997908005AU504 HYDRO 3453

3485600005AU304 HYDRO 16.16

64632580000GO4 HYDRO 71.02

6943224008AUG04 HYDRO 1,778.98

7983917001AUG04 HYDRO 33.85

011000 AUG 20 PETTY CASH 144.05

20040811 REPLENISH PERrY CASH

011801 AUG 20 BRIGHTON SOBEYS 82.15

584 MARGARINE 7.99

HUT AID GROCER MUTUAL AID LUNCHEoN 74.16

011802 AUG 20 KAWARTHA PIKE RIDGE 472.00

2004-0131 LATE PAYMENT CHARGE

011805 AUG 20 PINE RIDGE MUNICIPAL 3,228.40

2ND INSTAL 2004 2ND INSTALMENT 2004

011806 AUG 20 no!rnA DELONG 100.00

20040819 DEPOSIT FOR TAX CObb COUP

011807 AUG 20 ONTRAC EQUIPMENT SERVICES INC 674.63

P20684 HACENDE FOOT PADS

011808 AUG 20 ROYAL BANK VISA 2,330.56

DO VISA AUG04 B O’NEILL VISA AUG 2004 1,259.52

147 VISA AUG04 H TACIIABERYY VISA AUG 2004 31.85

SM VISA AUG04 S MILLAR VISA AUG 2004 250.63

JP VISA AUG 04 5 PHILLIPS VISA AUG 2004 645-DO

IP VISA AUG04 W PEARSON VISA AUG 2-004 143-56

117.70011812 AUG 20 UPPER LEVEL DOORS INC.

- 14745 REPAIR TO ARENA DOOR


4:40 pri COUNCIL CHEQUE REGISTER LINDA WIODIFIELD

GENERAL ACCOUNTS


CHEQUE DATE VENDOR NAME DISTRIBUTION AMOUNT

011813 SEP 01 BELL CANADA 307.33

4750265AUG04 ED TELEPHONE 63.43

4751744AUGG4 ED TELEPHONE 124.36

4752233AU004 ED TELEPHONE 61.2;


011814 SEP 01 HYDRO ONE 10,377.14

O363336001AU304 HYORO 1,372.69

1094O34000AUG04 HYDRO 7,92

1199910007AUG04 intRO 7,563.94

2675025993AT.fl04 HYDRO 173.98

3299025892AUG04 HYDRO 78.74

3919025292AUG04 EYDRP 55.19

5915895005AUG04 HYDRO 335_ES

7039027601AUG04 HYDRO 27.70

7263412001AU304 OWDRO - 761,39

011915 SEP 01 SPRING VALLEY A!4IIAL SERVICES 2,287.50

AUG 2004 AUG 2004 ANIMAL CONTROL

011216 SEP 01 @120W PROPANE 61.84

19163 PROPuJ 30.92

19175 PROPANE 30.92

011817 SEP 01 CANPBELLFORD UNOLESALE LTD 33.35

10069563 COFFEE

011818 SEP 01 - CONOLLY PUBLISHING LTD 360.67

50683 HELP WANTED AD CROSSING GUARDS 151,40

50694 ADVERT:SING 16927

011819 SEP 01 BRIGHTON FLORIST & GIFTS 164.32

20040616 CARNATIONS FOR VOLUNTEERS

011820 SEP 01 TELEPHONE ANSWERING SERVICE 1,358.60

206932 JULY DISPATCH ERVICE PD 945.77

207673 NW DISPATCH 28.75

209406 REPAIR SIMPLEXER 139.52

209426 244.65

011822 SEP 01 DONALD O’NEILL 210.00

OEMC CON 2004 OEMC CONF SEPT 15-17

011823 SEP 01 WORKPLACE SAFETY INSURANCE 80 29147

PD AUG 2004 ED WSIB AUG 04

011824 SEP 01 TEMPLEMAN,MENNINGA,EORT.SUL.FA 53.50

20040731 AUDITOR’S LETTER


440 pm COUNCIL CHEQUE REGISTER LINDA WIDDIFIELD

GENERAL ACCOUNTS


CHEQUE DATE VENDOR NMIE DISTRIBUTION AMOTJNT

011826 SEP 01 PARE’S HONE HARDWARE 174.77

40364 PLUG 4.36

40373 WASHERS/SCREWS 18.50

40384 POWER SURGE OUTLET 10.91

40397 SIGN 5.45

40423 LUBRIcATING OIL 9.82

40508 COFFEE MAKER 76.46

40633 LAG SCREW 2.16

40634 LAG SCREW SHIELD 2.16

40638 MAF.KU4G PAINT 26.18

40705 DRILL BIT 2.73

40854 CORD 16.04

011627 SEP 01 COLE’S TIM-BR MART 211.17

2379614 PRESSURE TREATED LUMBER 17.90

23800330 MARKING PAINT 49.24

2360089 LEVEL READ RAKE 36fl8

2360090 TAPCON SCREWS. WASHERS 25.62

2381380 MARKER SPRAY 32.16

4329469 SIGN POSTS 50.57

011028 SEP 01 CANADIAN NATIONAL RAILWAYS 1,352.40

90160723 GATE MAINTENANCE

011829 SEP 01 CNTADrAN PACIFIC RAILWAY CO. 1,313.73

10929771 FLASEER CONTRACT 743.25

10929955 270.48

011630 SEP 01 BRIGHTON AUTOMOTIVE & 831.26

166212 BOTTLE JACK 45.95

156610 BULBS FOR 3)4 TON 345

198810 OIL FILTER 24.70

196873 GREASE 46.66

199256 GREASE 30.73

199533 SHOP VAC 652.05

202007 SPARK PLUG 0.03

202426 OIL AND BRAKE FLUID 19.51

011831 SEP 01 EASTERN OVERNEAD 000RS LTD., 996.31

127992 FD DOORS REPAIRS

011832 SEP 01 PUROLATOR COURIER LTD. 21.83

3129597 5 COURIER 16.77

3232365 5 COURIER 5.06

011833 SEP 01 DAVIS REPAIR LTD. 255.44

56605 REPAIRS TO VAN

SEPT 1, 2004 MUNiCIPALITY OP DRIGHTON PAGE: 7

4,40 pm COUNCIL CHEQUE REGISTER LINDA WIODIFIELD

GENERAL ACCOUNTS


CHEQUE DATE VENDDR NAME DISTRIBUTION AMOUNT

011834 SEP 01 UNIOMGAS 12421

1143906AUG04 PD GAS 26.29

1144715AUG04 PH GAS - 13.62

1145006AUGO4 GAS ARENA 84.30

011835 SEP 01 ROWLEY ELECTRIC LTD. 10,60150

203706 CONN LINK ELECTRICAL


300281326JUN04 10735

300231338A0004 MODEM AUG 2004 230.05

011837 SEP 01 COUNTY OF Nop.TjrnNBEP.LAND 5759.20

20040813 BAG TAGS 1,350.00

20040820 BAG TAGS 1,266.00

20040825 BAG TAGS 894.00

20040831 BAG TAGS 828.00

7914 DUMP VOUCHERS USED IN JUNE 1421.20

011638 SEP 01 PITNEY BOWlS. 619.85

761410 LEASE ON POSTAGE SCALE 227.70

781411 LEASE ON MAILING SYSTEM 392.15

011840 SEP 01 SCOTT MACDONALD 10.00

25 - PROPANE TANK TOP UP

011841 SEP 01 PHILLIPS FARM SUPPLY 140.06

127099 GRASS SEEO 111.70

127372 DRAW PIN 5.23

127373 GREASE TUBE 31.05

011842 SEP 01 MAGMUS ENGINECRING AND CONSUN. 33397.56

CLAIM 4 - WATERNAIN PROJECT, CLAIM 1W

011646 SEP 01 956336 ONTARIO INC 0/a 203 .21

20041050 SEWAGE PLANT REPAIRS

011847 SEP 01 ART MOORE 1,931.35

2455 DRIVER TRAINING -

011848 SEP 01 CAMPBELLEORO MEMORIAL HOSPITAL 2,000.00

2004 GRANT 2004 GRANT

011849 SEP 01 BRIGHTON COMMUNITY CARE. 3,500.00


01:850 SEP 01 SAVE OUR HERITAGE 10,000.00



4:40 pm COUNCIL CHEQUE REGISTER LINDA WIDDIFIELO

GENERAL ACCOUNTS

CHEQUE MULTI PLE PAYMENT

CHEQUE DATE VENDOR KANE DISTRIBUTION ANOUNT

011651 SEP 01 BRIGHTON PUBLIC LIBRARY 11,000.00

GTE ADVANCE GTE ADVANCE ON 2004 C-RANT

011652 SEP 01 INDUSTRIAL REFRIGERATED SYSTEN 3,229.63

24446 COMPRESSOR REPAIRS

011653 SEP Dl GORRELL RESOURCE INVESTIGATION 766.24

2052 LANDFILL MD WATER StIPPLY MEET

011854 SEP 01 C.W. ENTERPR:SE 501.82

20040716 REPAIRS To STIEL POLE SAW 117.61

20040716 48 FILTER 27.94

20040727 FUEL FILTER AND SPOOL 43.24

20040603 GASKET MiD VALVE COVER 61.51

20040604 TIRE SB-SB

949 REPAIRS TO PUSH KOWER 125.61

JULY 16 2064 TIRE AND TUBE 36.63

011655 SEP 01 TRENTON ST. JOHN PJIDULANCE 305.00

18101313 FIRE DEPT & EEC DEPT TRAINING 105.00

2004 GRANT 2004 GRANT 200.00

011656 SEP 01 BRIGHTON TIRE WAREHOUSE 90.27

21810 TIRE REPAIR 13.60

21654 ThEE 36.22

21905 USED TIRE 23.00

22081 TIRE REPAIR 17,25

011857 SEP 01 APPLE ROUTE 2,500.00

2004 GRAIfl’ 2004 RANT

011858 SEP Dl BATTLEFIELD EQUIPMENT RENTALS 4333.70

21050607 MOUNT 33.07

21050736 RENTAL OP ROLLER 3,694.91

21050364 ROLLER RENTAL 405.72

011859 SEP 01 NATIONAL SANITATION AND -

293.46

160664 CLEANING SUPPLIES

011661 SEP 01 S & R TRUCK AND TRAILER REPAIR 2,133.59

5564 NUFFLER 657.63

5724 SET CLUTCH AND BRAKES 96.30

5749 BRAKE REPAIRS 1,379.G6

011662 SEP Dl QUINTE MoBILE 106.95

8315 SIGN POST CONCRETE

SEPT 1, 2004 MUNICIPALITY OF BRIGHTON PAGE, 9

4 40 pm COUNCIL CHEQUE REGISTER LINDA WIDDIFIELD

GENERAL ACCOUNTS

CHEQUE MULTI PLE PAYMENT

CHEQUE DATE VENDOR hANK DISTRIEUTION AMOUNT

011864 SEP 01 CINTAS CANADA LTD. 131.83

884251250 HATS 16.05

884252952 MATS 39.27

884254612 MATS 76.51

011865 SEP 01 WARREN PAVING LTD., 58,756.51

0601CD400221 EUTLER ST RECONSTRUCTION

011666 SEP 01 ADUAWrAGE SPECIALTIES 1,380.00

6834 LI?? STATION DEGREASER 690.00

6939 CHEMICALS FOR SAN SEWER 690.00

011667 SEP 01 1lR CONSULTANTS LIMITED 321.15

240538 WATER RATE STUDY

011868 SEP 01 BILL MOBILITY 6342

501952334JUN04 0 o’NEILL CELLULAR PHONE

011869 SEP 01 BRIGHTON COMMUNITY POLICING SSO.O0

SEPT 2004 SEPT 2004

011870 SEP 81 CANADA BUILOING MATERIALS 22,734-67

590381 CRUSHED GRAVEL 3,356.82

590382 ASPHALT 327-68

590771 CRUSHED GRAVEL 81.21

560772 CONCRETE 881.91

5911C2 CONCRETE STONE 136.60

551103 ASPHALT 45.86

591104 CONCRETE 283.02

551105 WINTER SAND 95,35

591474 ASPHALT 548.01

591475 ASPHALT 13.45

591476 CLEAR STONE 8,645.55

591477 CLEAR STONE 7,779-03

591864 STONE 290.31

591865 ASPHALT 255,37

011871 SEP 01 A & M A-i CONCRETE 16,700.97

388474 SIDEWALK REPAIRS

011872 SEP 01 HEN HURFOP.D 451-92

O4C CON? 2004 DEMO CONFERENCE SE?? 15-17

011873 SEP 01 SIMCOE OFFICE PRODUCTS 315.58

108557 FRAMES 31.19

109057 OFFICE SUPPLIES 284.39

SEPT 1, 2004 MUNICIPALITY OF BRIGHTON PAGE, 10

4,40 pm COUNCIL CHEQUE REGISTER LINDA WIDDIFIELD

GENERAL ACCOUNTS


CHEQUE DATE UENDDR MANE DISTRIBUTION AMOUNT

011674 SEP 01 THE OFFICE CLEANING CO. 1391.00

AUG 2004 OFFICE CLEANING AUG 2004

011875 SEP 01 MILLER PAVING LIMITED 10,818.76

MI-100-OE-0734 PIThVERIEE DUNDAS AND LOYALIST 5296.50

P-100-00018909 CALCIUN CMLOR1DE 5522.26

011876 SEP 01 ONTRAC EQUIPMENT SERVICES INC 1,378.27

20040811 REPAIR GEAR SHIFTER

011877 SEP 01 AIR LIQUIDH/MESSER CANADA 115.15

10338473 WELDING GASES 78.64

10388177 WELLING SUPPLIES 36.51

011078 SEP 01 WILKINSON & COMPANY 16,911.35

12375 2003 AUDIT FEES

011879 SEP 01 CLASS ‘A’ FIRE & RESCEE 200.36

15961 RESCUE SUPPLIES

011881 SEP 01 ONTARIO RECREATION FACILITIES 125.00

SAFE ICE RESUEF SAFE ICE RESURFACER COURSE

011682 SEP 01 SOUThEASTERN TELECOMMUNICATION 163.88

267GB SERVICE CALL

011083 SEP 01 LOYALIST MANAGEMENT SYSTEMS IN 133.37

96016 COPIER METER

011884 SEP 01 ROY RITPEAGE 751.92

05CC CON 20C4 OHMC CDNFERU;CE SEP 15-17

011685 SEP 01 GENERAL CEEMrCAL PRODUCTS LTD 3560.30

4-08-00158 SEWER CHEMICALS

011886 SEP 01 ATELETICA 208.10

0024584-fl CRYSTALINE KIT

011887 SEP 01 PEARSALL MOTORS LIMITED 92554

27972 MAINTENANCE ON 2004 TRUCK 771.49

43032 REPAIRS TO 2000 FORD 154.05

011888 SEP 01 RERAN CONSTRUCTION LIMITED 35,303.69

815 REPAIR WATER LEAFS 2,200.48

833 REPAIR WATERI4AIN 2,84S.67

834 REPAIR WATERLEAK ON ALICE 1,571.83

635 REPAIRS TO HARBOUR STREET NATE 2,501.66

CERT *4 MAIN ST CONST CERT *4 29,176.05


4;40 pm COUNCIL CHEQUE REGISTER LINDA WIDDIFIELD

GENERAL ACCOUNTS

ChzOUE MULTIPLE PAYMENT


011069 SEP 01 CHRIS NERRINGCON 751.92

OEMC CONFERENCE OEMC CONFERENCE SEP 15-17

011890 SEP 01 JOHN’S EQUIPMENT SALES LTD. - 121.01

1N00034560 BOBCAT TUNE UP SUPPLIES

011891 SEP 01 CH2M HILL CANADA LIMITED 2.848,80

3235326 BIOSOLIDS CONSULTING

011892 SEP Dl STATE CHEMICAL LTD 378.35

92403210 GRAFFITI WIPES

011893 SEP 01 NORrdm4BERLAND GRADING & 11,079.85

3086 GRADING FOR CONSTRUCTION 3,049.50

3087 DUNDAS ST CONSTRUCTION GRADING 3964.35

3095 GRADING 4,DG6.DD

011894 SEP Dl ROB VANDERLINDEN 80.00

20040729 LIBRARY SEC SYSTEM SENSOR

011095 SEP 01 ONTARIO GYM & SPORTS 174.68

1706521 2 BAsES

011896 SEP 01 G.0 .JHWELL ENGINEERING INC. 29,305.12

92845 PR EDWARD ST CONSULT 723.01

9296S - WATER PALNT CONSULTING 23,794.15

92966 CON LINK CONSULTING 2,180.85

92990 PR EDWARD ST ENVIRONMENT ASSES 2,607.11

011897 SEP Dl PRO-TENT ASPHALT ZTD 637.77

16907 LINE PAINT

-

695.75

16902 LINE FAINTING 142.02

011098 SEP 01 ONTARIO WATER PRODUCTS INC 5,634.81

106457 MANHOLE LIFT RINGS 755.55

106466 WATER MAINTENANCE 1,705,41

106544 WATER !4AINT SUPPLIES 507.26

106569 WATER MAINTENANCE SUPPLIES 2,666.57

011899 SEP 01 PROFESSIONAL ENGINEERS ONTARIO 214.00

2004 MEMEERSHIP J PHILLIPS PROF ENG DM7 MEMBER

011900 SEP 01 DILL RUDLAND 372.92

20040630 JUL - AUG 2004 DOCKING FEES

011901 SEP 01 BRENNTAG CANADA INC. 2,774.28

39325795 CHLORINE

SEPT 1, 2004 MUNICIPALITY OF ORIGHTON PAGE, 12

4,40 pm COUNCIL CHEQUE REGISTER LINDA WIDDIFIELD

GENERAL ACCOUNTS


CEEQIJE DATE VENBDR NAME D:STRIBUTION AMOUNT

011902 SEP Dl - PATRICIA WULTERS 286.27

VEHICLE DAMAGE DAMAGE CO VEHICLE, DUNDAS CONS

011907 SEP 01 CONESTOPA-ROVEWS k ASSOCIATES 116.36

121455 SANITARY SEWER TESTING

011908 SEP 01 FRONTENAC, LENNOX AND ABOINC-TO 125.00

04-23 C/O LEGISLATION COURSE

011910 SEP 01 ESRI CANADA 1,144.25

PR0081340 ARC VIEW

011911 SEP 01 EANMERSMITH FRAMING AND 15,033.00

001 HANDICAPPED VIEWING AREA

011912 SEP 01 FIRE SAFETY DISTIBUTION CTE. 40760

7723 2304 FIRE PECU WEEK KIT

011913 SEP 01 BRUCE ITUP 12.50

AUG04 DOCKING FEES AUG 2004

011914 SEP 01 BRIGHTON & OISTR:cr CHAMBER 450.00

SEPT 2004 SEPT 2004 RENT SUBSIDY


4753525AU004 MODEM

011916 SEP 01 PJ’S CUSTOM OUTFITTING LTD. 414.00

3123 SHIRTS

011917 SEP 01 CADUCSON ENTERPRISES INC. 1,328.36

4-08001 WATER REPORTS 414.57




011910 SEP 01 TRENT VALLEY DISTRIBUTORS LTD. 75.56

GARBAGE BAGS GARBAGE BASS

011919 SEP 01 DAVID CHALMERS ENTEEPRISS 400.04

405505 CANTEEN SUPPflES 9202

405507 CANTEEN SUPPLIES 22.07

545155 CAS”TEEN SUPPLIES- 113.11

545199 CANTEEN SUPPLIES 100.04

011920 SEP 01 PEAR HEC-INEERING & 125 501.57

P14 APPL 2 PUBLIC WORKS BLDG APPL #2

SEPT 1, 2004 MUNICIPALITY OF BRICEION PAGE 13

4 4O pm COUNCIL CREQUE REGISTER LINDA WIDDIFIEbD

GENERAL ACCOUNTS

CHEQUEMULTIPLE PAYMENT


011921 SEP 01 CANADAWIDE SCIENTIFIC LTD: 41.52

62849 PURPLE GLOVES

011522 SEP 01 LAFARGE MATERIALS & CDNST. INC 70640

087800035850 CALCIUM CHLORIDE

011923 SEP 01 ULTPfl-!AR HOMENERSY5,803.46

14952 DIESEL 1,957.45

14953 COLOURED DIESEL 1,025.03

34572 COLOURED DIESEL 315.09

34573 2341.95 2,505.89

021924 SEP 01 21ST CENTURY DoCUMENT34.75

£504 ONTARIO STATUTES

011925 SEP 01 BRIGHTON HISTORY BOOK 2000.00


011526 SEP Dl JUNE K. BRACE3,275.00

20040623 SPECIAL AUDIT

COMMITTEE TOTAL 516,358.89

ThE ABOVE ACCOUNTS HAVE BEEN AUTHORIZED FOR PAYMENT

ON ThIS

______DAY

OF_________ 2001.

_____________

MAYOR_______________

CAO/DIR OP FINANCE

THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON


Being A By-Law to Authorize the Mayor and the Clerk to Execute a Subdivision

Agreement Between the Corporation of the Municipality of Brighton

and Dick Roos and Nellie Roos

NOW, THEREFORE, the Council of The Corporation of the Municipality of Brighton

ENACTS AS FOLLOWS:

1. The Mayor and the Clerk are hereby authorized to execute a Subdivision Agreement

between the Corporation of the Municipality of Brighton and Dick Roos and Nellie

Roos, copy of which is attached hereto and forms part of this by-law.

2. This by-law and Agreement to be registered on title.

READ A FIRST AND SECONID TThW, read a third time and finally passed this 7” day

of September, 2004.

Mayor Clerk

SUBDIVISION AGREEMENT

ROOS SUBDIVISION - PHASE IV

PRMPA FILE NO: MMAH 14T-88016

SEPTEMBER 2004

2

THIS AGREEMENT made in quadruplicate this day of , 2004.

BETWEEN:


(hereinafter called the “Municipality”)

Party of the FIRST PART

-and

DICK ROOS and NELLIE ROOS

(hereinafter called the “Owner”)

Party of the SECOND PART

WHEREAS the lands affected by tIns Agreement are described in Schedule

“A” hereto and are hereinafter called “the Subdivision Lands”;

AND WHEREAS the Owner warrants that it is the sole owner of the

Subdivision Lands;

AND WHEREAS the Owner has applied to the Pine Ridge Municipal

Planning Agency, hereinafter called the “PRMPA”, for approval of a plan of subdivision for

the Subdivision Lands (File No. MIvIAH 14T-88016);

AND WIIEREAS to comply with one or more of the PRMPA’s conditions

for such approval, the Owner has agreed to enter into this Agreement with the Municipality;

AND WHEREAS upon the execution and delivery of this Agreement by the

parties hereto, the conditions of draft approval relating exclusively to the Municipality shall

have been complied with save and except the draft condition requiring registration of thisAgreement;

AND WHEREAS in this Agreement, “Municipal Engineer” means the person

employed by the Municipality as the Director of Public Works & Environmental Services;

NOW THEREFORE iii consideration of the mutual agreements, covenants

and promises herein contained, and other good and valuable consideration, (the receipt

and sufficiency of which is acknowledged by the parties hereto), the parties hereto agree as

follows:

CERTIFICATION OF OWNERSHIP AND ENCUMBRANCES

1. The Owner shall, at the time of execution of this Agreement by the Owner and again

upon registration of the Plan, provide the Municipality with a letter, directed 10 the

Municipality and signed by an Ontario Solicitor in good standing, certifying that the Owner

is the sole owner of the Subdivision Lands

3

PLAN OF SUBDIVISION

2. The Owner wanants and covenants that the plan of subdivision attached hereto as

Schedule “B” (herein called “the Plan”) has been prepared for the Subdivision Lands by a

registered Ontario Land Surveyor, and has been given draft approval by the Minister and all

approved amendments to the draft Plan have been shown thereon. At the time of registration

of this Agreement, Schedule “B” shall be replaced by a written description of the Subdivision

Lands referring to all lots, blocks, streets, etc. described in accordance with the Plan as

registered.

PAYMENT OF TAXES AND OTHER CHARGES

3. The Owner shall, prior to the execution of this Agreement by the Municipality, pay

all arrears of taxes outstanding against the Subdivision Lands. The Owner further undertakes

and agrees to continue to pay all taxes levied on the Subdivision Lands or any part or parts

thereof on the basis of and in accordance with the assessment and collector’s roll entries as

revised from time to time. The Owner agrees to pay municipal taxes for the full year in

which any transfer of lands within the Plan or any part thereof takes place if such transfer

results in the lands being exempt from taxation for any part of that year unless the

Municipality receives grants in lieu of the taxes winch would otherwise be payable. The

Owner also agrees that any local improvement charges or other designated charges or

imposed rates outstanding against the Subdivision Lands shall be commuted for payment and

paid in full by the Owner prior to the execution of this Agreement by the Municipality.

GRANTS OF EASEMENTS

4. The Owner shall, prior to the execution of this Agreement by the Municipality,

execute and deliver to the Municipality the grants of easements set out in Schedule “D”

hereto, and with the exception of the encumbrances by the Mortgagee, be free and clear of

any other mortgages, liens, charges and encumbrances. 1f subsequent to the registration ofthe Plan, further easements are required for utilities or drainage, the Owner agrees to grant

such easements forthwith upon demand at no expense to the Municipality.

CONVEYANCE OF LANDS

5. The Owner shall, prior to the registration of this Agreement by the Owner, execute anddeliver to the Municipality transfers sufficient to vest in the Municipality absolute- title in feesimple, free and clear of all mortgages, liens, charges, encumbrances and/or easements, for thelands described in Schedule “F” hereto.

The Owner has provided a parkland conveyance to the Municipality from Phase I, IIand ifi of tIns development and this existing parkland dedication shall be accepted by theMunicipality as full satisfaction of the parkland requirements for the Subdivision Lands ascontemplated by the Planning Act, R.S.O. 1990, c.P.13, as amended.

PREPARATION AND REGISTRATION OF DOCUMENTS

6. All deeds, grants of easements and other conveyances required herein shall beprepared, executed and registered at the Owner’s expense and shall be approved by theMunicipality’s solicitor prior to execution and registration. The registered number of thePlan shall be left blank in the description in each document to be registered so that suchnumber may be inserted after the Plan has been registered.

WORKS and UTILITIES REQUIRED

8. The Owner shall be responsible, at his own expense, for the design, construction,installation and maintenance of the works, services and facilities generally described inSchedule “F” hereto, and hereinafter called the “Works and Utilities”. The Owner shall beresponsible for all costs of the Works and Utilities required for the Subdivision Lands.

4

OWNER’S ENGINEER

9. The Owner shall retain a Professional Engineer, or firm of Professional Engineers,

registered by and in good standing with the Association of Professional Engineers of Ontario

(possessing a current Certificate of Authorization issued by the said Association) and

hereinafter called the “Owner’s Engineer”, for the purposes as sent out in Schedule “H”

hereto and for the other purposes required by this Agreement. The Owner agrees to continue

to retain the services of a Professional Engineer until the Works and Utilities provided for in

this Agreement have been completed and accepted by the Municipality.

APPROVED ENGINEERING DESIGN DRAVINGS

10. The Owner shall, prior to the execution of this Agreement by the Municipality, have

the written approval of the Municipal Engineer and the Lower Trent Conservation and the

Ministry of Enviromnent (as applicable) for all drawings of all the Works and Utilities,

hereinafler called the “Approved Engineering Design Drawings” attached hereto as Schedule

“C”. If, in the sole opinion of the Municipal Engineer, no substantial construction of the

Works and Utilities has commenced within eighteen (18) months of the date of the execution

of this Agreement, the Approved Engineering Design Drawings shall be resubmitted to the

Municipal Engineer for review, revision and further approval.

The Municipal Engineer may require the Owner’s Engineer to provide supplemental

plans and/or specifications where, in the course of construction, an absence of detail in the

plans and/or specifications appears and/or where unforeseen circumstances arise. The said

supplemental plans and/or specifications shall be subject to the approval of the Municipal

Engineer upon such approval being obtained, the Owner covenants to strictly comply with

such supplemental plans and/or specifications.

The approval of the Approved Engineering Design Drawings by the Municipal

Engineer shall not absolve the Owner of the responsibility for all errors and/or omissions

with respect to such drawings.

APPROVAL OF GRADING AND DRAINAGE PLAN/EROSION CONTROL

11. The Owner shall, prior to the execution of this Agreement by the Municipality, have

the written approval of Lower Trent Conservation and the Municipal Engineer of a plan,

hereinafter called the “Grading and Drainage Plan”, attached hereto as part of Schedule “C”

being the Approved Engineering Design Drawings.

The said Grading and Drainage Plan shall provide for the proper drainage of the

Subdivision Lands and the drainage of all adjacent lands which drain through the Subdivision

Lands. The Owner shall construct all works in such a matter that no damage shall result by

reason of the drainage therefrom or in connection therewith to persons or to adjacent lands.

In the event that drainage problems occur prior to the formal assumption of the Works by the

Municipality, the Owner agrees to correct, at its sole expense, the drainage problems by such

re-grading and/or construction of swales or other appurtenances as may be necessary in the

opinion of the Municipal Engineer.

If in the sole opinion of the Municipal Engineer, no substantial construction of the

Works has commenced within eighteen (IS) months of the date of execution of this

Agreement, the Grading and Drainage Plan shall be re-submitted to the Municipal Engineer

for review, revision and further approval.

The Owner shall upon request of the Municipal Engineer, take such erosion control

measures and construct such erosion control works as the Municipal Engineer may in writing

direct. Such erosion control measures may, without limiting the generality of the foregoing,

include:

(a) temporary sodding or seeding;

(b) temporary grading measures;

(c) use of barriers, fencing and embankments;

S

(d) pennanent planting, seeding, or sodding;

(e) use of rip-rap or other similar methods;

(0 construction of culverts, drains and spillways; and/or

(g) sedimentation ponds, retention ponds, detention ponds or siltation ponds.

LOT GRADING AND DRAINAGE

12. All lots and blocks within the Plan shall be graded, at no expense to the Municipality,to drain in accordance with the Grading and Drainage Plan and the provisions of tinsAgreement.

The Owner agrees to operate a grade control program to the satisfaction of the

Municipal Engineer to ensure that all proposed development on the Subdivision Landsconforms with the approved Grading and Drainage Plan. If in the opinion of the MunicipalEngineer, the Owner is not conforming with the Grading and Drainage Plan, the MunicipalEngineer may issue an “Order to Comply” speciing what additional measures, changes,alterations, or corrections the Owner is required to make. Failure to provide such additionalmeasures or to make such changes, alterations or corrections within the period of timeprescribed by the Municipal Engineer shall be deemed to be an event of default under theterms of this Agreement.

No person shall change the grade of any lot or block on the Plan contrary to theprovisions of this Agreement without the prior written approval of the Municipal Engineer.The Owner shall advise all purchasers of every lot or block on the Plan of the existence of theGrading and Drainage Plan and shall provide all such purchasers with a certificate from anOntario Land Surveyor or Professional Engineer certifying that the lots or blocks to beacquired by such purchasers are in conformity with the approved Grading and Drainage Plan.

The Owner covenants and agrees that all Agreements of Purchase and Sale for everylot and block within the Subdivision Lands shall contain the following clause, winch clauseshall be incorporated in all deeds with the express intent that it shall be a covenantmiming with the lands for the benefit of all other lands within the Subdivision Lands:

“The Transferee, for himself, his heirs, executors, administrators, successors andassigns covenants and agrees that he will not alter the grading of the lands describedherein nor interfere with any drains or drainage features established on the saidlands, except in accordance with the approved Grading and Drainage Plan, withoutthe prior written consent of the Municipality of Brighton.”

The Owner acknowledges and agrees that prior to the issuance of a Certificate ofAssumption by the Municipality for the Subdivision Lands, the Owner shall, at its soleexpense, be responsible for the drainage of all lots and blocks within the Plan and shall, onthe sale of any lots or blocks, reserve such rights as may be necessary to enable the Ownerand/or the Municipality to enter on such lands and to undertake modifications to the surfacedrainage features of the said lots or blocks in accordance with the provisions of thisAgreement or for the purpose of conecting any grading and drainage problems relative to the

development of the Subdivision Lands.

The Municipality agrees that any revisions made to the grading of a lot or blockwhich affects the drainage of such lot or block or other lands after the issuance of aCertificate of Assumption shall be the responsibility of the then owner of such lot or block.

All building construction within the Subdivision Lands shall be in conformity withthe elevation and spot levels shown on the Grading and Drainage Plan approved by theMunicipality.

No building permit will be issued for any lot or block within the Plan until a drainageplan for such lot or block has been subnutted to the Municipality showing the proposed final

6

grade elevation, the building location and the immediate points of grade change, all of which

mtLst be in conformity with the Grading and Drainage Plan and related road grades.

No person shall place or cause or permit to be placed any obstruction whatsoever

within the Subdivision Lands or any part thereof which interferes with the drainage of the

Subdivision Lands or any part thereof as contemplated by the Grading and Drainage Plan

unless the prior written approval of the Municipal Engineer is obtained.

STORMWATER MANAGEMENT WORKS

l3.(a) It is acknowledged that prior to the execution of this Agreement by the Municipality,

the Owner will have obtained approval from Lower Trent Conservation, the

Municipality and PRMPA of a detailed engineering submission for the Subdivision

Lands which outlines:

(i) the means where stonmvater quantity and quality will be addressed including

how stonuwater will be conducted to a receiving body and the location and

description of any and all outlets which may require pennits iwder Ontario

Regulation 156 (the Fill, Construction and Alteration to Watenvays

Regulation), and how the drainage system has been integrated into the

surrounding drainage system;

(ii) the methods of controlling and minimizing erosion and siltation within the

Subdivision Lands during and aDer construction; and

(iii) detailed plans for stormwater management facilities to be utlized within the

Subdivision Lands.

(b) The Owner hereby covenants and agrees to carry out or cause to carry out the works

outlined and described in the detailed engineering submission generally described in

sub-paragraph (a) above (and as set out in Schedule “C” attached hereto) to the

satisfaction of the Municipality and Lower Trent Conservation. The details of said

engineering submission are to be carried out at the sole expense of the Owner. The

design of the stormwater drainage system, the drainage swales and all other works

required to service the lands to which the Plan applies, shall be completed in

accordance with the designs approved by the Municipality in accordance with the

specifications of the Municipality and Lower Trent Conservation on the day of

approval.

COST ESTIMATE

14. The estimated cost of construction and installation of all of the Works and Utilities

hcreinafler called the “Works and Utilities Cost Estimate” shall be prepared by the Owner’s

Engineer and approved by the Municipal Engineer prior to the execution of this Agreement

and shall be included as Schedule “G” to this Agreement.

PERFORMANCE GUARANTEE

15. In order to guarantee that the Works and Utilities will be constructed and installed in

accordance with the provisions of this Agreement, the Owner shall lodge with the

Municipality a “Performance Guarantee” consisting of a certified cheque payable to the

Municipality or an irrevocable bank letter(s) of credit in the form attached hereto as Schedule

“L” in the amount of One Hundred Percent (100%) of the applicable Works and Utilities

Cost Estimate. The Owner covenants and agrees that each letter of credit shall be for a

minimum term of one (1) year and shall provide that the Letter of Credit shall be

automatically renewed or extended without the need for written notice from the Municipality

requesting such extension. In the event that a certified cheque is given as a Performance

Guarantee, the Municipality agrees to deposit such monies in a separate interest-bearing trust

account and the interest earned thereon shall be paid by the Municipality to the Owner as and

when the interest is paid on the account by the bank or trust company holding such account.

7

USE OF PERFORMANCE GUARANTEE

16. The Owner agrees that the Municipality may, in its sole discretion, at any time andfrom time to time, authorize the use of all or any part of the Performance Guarantee for suchpurposes as the Municipality deems fit if the Owner:

(a) in any way makes or permits default in the Owner’s obligations under tinsAgreement; or

(b) fails to pay any costs, charges, expenses, premiums, liens or other monieswhatsoever payable by the Owner arising out of or in connection with or inany way relating to the construction and installation of the Works andlorUtilities or the other provisions of this Agreement.

The provisions of this paragraph shall be in addition to all other provisions in thisAgreement relating to the use of the Performance Guarantee.

CONSTRUCTION LIENS

17. It is agreed between the parties hereto that the registration of a claim for lien or thegiving of a copy of a claim for lien to the Clerk of the Municipality pursuant to TheConstruction Lien Act, R.S.O. 1990, c.C.30 as amended from time to time shall entitle theMunicipality, in addition to any other remedies available to it, to use all or any part of thePerformance Guarantee (or the Maintenance Guarantee as the case may be) to satisfy theliabilities and obligations of the Municipality as may arise pursuant to the said Act.

INDEMNIFICATION

18. The Owner hereby covenants and agrees to indemnify and save harmless theMunicipality jointly and severally, their employees, workmen, agents, consultants andadvisors from and against all actions, causes of action, losses, liens, damages, suits,judgments, orders, awards, claims and demands whatsoever, whether the same shall be withor without merit, and from all costs to which the Municipality may be put in defending orsettling any such action, causes of actions, suits, claims or demands, which may arise eitherdirectly or indirectly by reason of, or as a consequence of, or in any way related to the Ownerundertaking the development of the Subdivision Lands, including without limitation any orall of the Works and Utilities and relating to an occurrence which happened prior to theissuance of the Certificate of Assumption for the subdivision development, save and exceptany action, suits, claims or demands which are solely attributable to the acts of theMunicipality, or any of its authorized agents, servants or employees.

INSURANCE

19. The Owner covenants and agrees to maintain insurance in accordance with theprovisions of Schedute “I” of this Agreement at least until a Certificate of Assumption isissued for the subdivision development.

The Owner shall provide to the Municipality, prior to the execution of thisAgreement, a certified copy of the policy or policies of insurance in accordance with theprovisions of Schedule “I” of this Agreement and shall from time to time, at the request ofthe Municipality, furnish proof to the Municipality that all premiums on such policy orpolicies of insurance have been paid and that the insurance continues to full force and effect.In the event that any premium is not paid, the Municipality, in order to prevent the lapse ofsuch policy or policies of insurance, may pay the premium or premiums and the Owner shallreimburse the Municipality within ten (10) days of written demand being given by theMunicipality.

The Owner hereby covenants at its own expense, to obtain prior to the execution ofthis Agreement by the Municipality a letter from the Owner’s insurance company(ies)addressed to the Municipality certifying that the policy or polices of insurance providedpursuant to this Agreement are in full force and in accordance in all respects with theprovisions of Schedule “I” of this Agreement. The Owner hereby acknowledges that theMunicipality intends to rely on the said letter from the Owner’s insurance company(ies).

S

APPROVAL OF CONTRACTORS/INSPECTION OF WORKS

20. The Owner agrees to advise the Municipal Engineer of the names of every contractor

employed by the Owner to construct, install and/or maintain any of the Works and/or Utilities

prior to the contract being made with such contractors. Such contract shall provide that the

Municipal Engineer or the employees or agents of the Municipality , may, at any time, and

from time to time, inspect the work of such contractor pertaining to the Subdivision Lands

and shall have the power to stop any such work in the event that the work is being performed

in a manner that is not satisfactory to the Municipal Engineer. The Ivlunicipal Engineer shall,

except in cases of urgency or emergency as determined by the Municipal Engineer in his sole

and absolute discretion, lake all reasonable steps to notify in writing either the Owner or the

Owner’s Engineer of the situation complained of and to provide a reasonable opportunity to

remedy the situation complained of prior to exercising the above-noted power to stop any

such work.

REQUIREMENTS FOR AUTHORIZATION TO COMMENCE WORKS AND UTILITIES

21. The Owner shall not commence the constniction or installation of any of the Works

and Utilities in any Stage of the Plan without the permission of the Municipality, referred to

herein as an “Authorization to Commence Works and Utilities”. In addition to any other

requirements contained herein, no Authorization to Commence Works and Utilities shall be

issued for the Works and Utilities until:

(I) the Owner has deposited with the Municipality the Performance Guarantee in

approved form for the applicable Stage; and

(2) the Owner has deposited with the Municipality certified copies of all

policies of Insurance in accordance with Schedule “I” hereto; and

(3) the Owner shall, at its sole expense, have provided and erected signs at each

entrance for every road on the Plan to be constructed as part of the particular

Stage, measuring at least 1.2 m by 1.8 m reading as follows:

“Road not assumed by Municipality - Use at your own Risk”

The aforesaid signs shall be properly maintained and erected until a

Certificate ofAssumption is issued in accordance with the provisions of this

Agreement.

All approvals of the Municipal Engineer herein above referred to shall be in writing.

In addition to the foregoing, the Owner shall notify the Municipal Engineer in writing

at least 96 hours prior to the commencement of work. If for any reason there is a cessation or

intemiption of construction, the Owner shall provide similar notice to the Municipal

Engineer before work is resumed.

PROVISIONS FOR CONSTRUCTION AND INSTALLATION

22. The Owner shall, upon the issuance of an Authorization to Commence Works and

Utilities, proceed to construct and install all of the Works and Utilities continuously and as

quickly as possible and in accordance with the limits specified in this Agreement, subject to

the overriding direction of the Municipal Engineer. All of the Works and Utilities shall be

constructed and installed in accordance with the Approved Engineering Design Drawings and

other approved plans and drawings. No variation from the Approved Engineering Design

Drawings and other approved plans and drawings shall be permitted unless such variation is

authorized in writing by the Municipal Engineer. All construction on the Subdivision Lands

shall be carried out in accordance with the regulations for construction as set out in Schedule

“K” hereto. The Owner’s Engineer shall file with the Municipality, prior to the

commencement of construction, a written undertaking with respect to the Works and

Utilities, which undertaking shall include a covenant to provide upon completion the

Owner’s Engineer’s Certificate that the construction and installation of the Works and

9

Utilities has been completed in general accordance with the Approved Engineering Design

Drawings and the (eLms of this Agreement.

ADDITIONAL FACILITIES OR WORK REQUIRED

23. If, in the opinion of the Municipal Engineer, any additional facilities or work is

required to ensure the Works or Utilities (or any of them) are satisfactorily completed or

function properly, the Owner shall construct or install such additional facilities or perform

such additional work as the Municipal Council by resolution may require from time to time

prior to the issuance of a Certificate of Assumption.

INCOMPLETE OR FAULTY WORK

24. The Municipality may, at its sole discretion, at any time and from time to time,

inspect the Works and Utilities to be constructed pursuant to this Agreement.

If, in the opinion of the Municipal Engineer, the Owner:

(i) is not proceeding with or causing to be proceeded with the work required

by this Agreement within the time limits specified in this Agreement, or in

order that it may be completed within the specified time limits;

(ii) is improperly performing work required by this Agreement;

(iii) has abandoned or neglected work required by the Agreement;

(iv) refuses, fails or neglects to replace or repair such work as may be rejected

by the Municipal Engineer as defective or unsuitable; and/or

(v) shall in any other maimer, in the opinion of the Municipal Engineer, make

default in performance of the terms of this Agreement;

then the Municipal Engineer shall promptly noti’ the Owner in writing of the situation

complained of, and if the Owner fails to remedy the situation complained of within seven (7)clear days after the mailing of such notice, the Municipality (as the case may be), shall havefull authority and power to enter upon the Subdivision Lands, to purchase, lease, or otherwiseacquire such materials, tools and machinery and to employ such workman as in the opinionof the Municipal Engineer shall be required for the proper completion of such work,including without limitation, the repair or the reconstruction of faulty work and thereplacement of materials not in accordance with the specifications, all at the cost and expenseof the Owner. In cases of emergency, in the sole opinion of the Municipal Engineer, suchentry and work may be done without prior notice, but the Owner shall be notified thereafter.

The Owner agrees that the Municipality may, in addition to any other remedies it mayhave, use all or any part of the Performance Guarantees to pay for (1w costs incurred by theMunicipality and/or its agents in furtherance of the provisions of this paragraph.

It is understood and agreed between the parties hereto that such entry upon theSubdivision Lands shall be as agent for the Owner and shall not be deemed, for any purposewhatsoever, as an acceptance or assumption of the Works or Utilities by the Municipality.The Municipality, in addition to all other remedies it may have, may refuse to issue furtherbuilding permits until such work and/or services are completely installed in accordance with(lie requirements of the Mumcipal Engineer.

The cost incurred by the Municipality and/or its agents in furtherance of theprovisions of this paragraph shall be calculated by the Municipal Engineer whose decisionshall be final and binding on all parties hereto. It is understood and agreed by the Owner thatsuch costs shall include a management fee of Fifteen Percent (15%) of the costs of the labourand materials. It being herein declared and agreed that the assumption by the Owner of theobligations imposed by this paragraph is one of the considerations without which theMunicipality and the Commission would not have executed tIns Agreement.

10

Nothing herein contained shall be taken to limit the powers, rights, remedies, actions

and/or proceedings whatsoever available to the Municipality arising from or out of any

breach of the provisions and tenns of tins Agreement.

ENTRY FOR EMERGENCY REPAIRS

25. The Owner agrees that, at any time or from time to time, employees or agents of

the Municipality may enter the Subdivision Lands for the purpose of making emergency

repairs to any of the Works or Utilities. Such entry and repairing shall not be deemed an

acceptance of any of the Works or Utilities by the Municipality, nor an assumption by the

Municipality of any liability in connection therewith, nor a release of the Owner from any of

its obligations under this Agreement.

DAMAGE OR RELOCATION OF EXISTING SERVICES

26. The Owner agrees to pay the cost of repairing any damage to any existing services

and/or roads and the cost of relocating any existing services, caused by the development of

the Subdivision Lands or any of the Works and/or Utilities required by this Agreement,

provided all work is to be done to the satisfaction of the Municipal Engineer and/or the

authorities responsible for such services. The Owner further agrees to pay the cost of moving

or altering any of the Works and/or Utilities installed in driveways or so close thereto, in the

opinion of the Municipal Engineer, as to interfere with the use of the driveway.

USE OF WORKS AND UTILITIES BY MUNICIPALITY

27. The Owner agrees that any of the Works and Utilities may be used by the

Municipality or other authorized persons, for the purposes for which the Works and/or

Utilities are designed. Such use of any of the Works and/or Utilities shall not be deemed an

acceptance of any of the Works and Utilities by the Municipality, nor an assumption by the

Municipality of any liability in connection therewith, nor a release of the Owner from any of

its obligations under this Agreement.

REQUIREMENTS FOR BUILDING PERMITS

2$. Neither the execution of this Agreement by the Municipality, nor the approval by the

Municipality of the particular Stage of the Plan for registration, nor the issuance by the

Municipality of any Certificate of Assumption shall be deemed to give any assurance that

building permits, when applied for, will be issued in respect of any of the Subdivision Lands.

In addition to the other requirements of this Agreement, no building permit in respect of any

of the Subdivision Lands shall be granted by the Municipality until:

(a) all of the roads, which are to be required to be constructed under this

Agreement for the applicable Stage, have been constructed to the written

approval of the Municipal Engineer with grading and hill depth of granular

“B” sub-base; and

(b) Municipal water and sanitary sewer services have been constructed, installed

and tested to the lot line of the lot for which the pennit is required to the

approval in writing of the Municipal Engineer that such services are ready for

normal use; and

(c) fire hydrants for the Stage for which the permit is required shall have been

installed and ready for use to the satisfaction of the Municipal Engineer and

the Fire Chief of the Municipality; and

(d) hyrdo-electric power has been installed to the lot line of the lot for which the

permit is required to the approval of the Municipality and the payment of all

fees, charges and costs required by the Municipality have been paid in full and

the conveyance of all easements of lands or the execution of all agreements

required by the municipality in favour of the Municipality or any third party in

connection with electric services for the Subdivision Lands and

buildings/structures to be erected on the Subdivision Lands have been

completed; and

11

(e) all drainage works and grading, for the applicable Stage, except individual lot

grading, have been constructed and are in operating condition to the written

satisfaction of the Municipal Engineer; and

(0 the application for building pennit shall show the building location and

finished floor grade and immediate points of grade change, all in confonnity

with the Grading and Drainage Plan and related to the relevant road grades;

and

(g) a refundable amount of $1000.00 for each lot for which a building permit is

desired has been deposited by the applicant for the building permit with the

Municipal Clerk to ensure that the lot is graded in conformity with the

provisions of this Agreement. Upon completion of the construction of the

building on such lot, the applicant shall provide a letter from an Ontario Land

Surveyor, Professional Engineer or other such competent person acceptable to

the Municipal Engineer certifying that the lot has been graded in compliance

with the provisions of this Agreement and the Grading and Drainage Plan.

Upon receipt of the letter of certificate as aforesaid, the One Thousand Dollars($1000.00) will be refunded to the applicant. If the aforesaid certificate is notprovided to the Municipality within one year from the date of the issuance of

the building permit, the One Thousand Dollars ($1000.00) shall, at the sole

option of the Municipality, be automatically forfeited to the Municipality.

The aforesaid One Thousand Dollars ($1000.00) shall be paid to theMunicipality in cash or other form of security acceptable to the Municipality;

(g) the provisions of the paragraph of this Agreement entitled “hilflbitingOrder” have been complied with; and

(h) the applicable Development Charges have been paid to the Municipality; and

(i) all applicable Laws have been complied with.

LIABILITY OF OWNER

29. Notwithstanding the sale of any part or all of the Subdivision Lands the Owner shallremain bound by all obligations, covenants and agreements whatsoever created by thisAgreement, including those assumed by a purchaser, and shall remain jointly and severallyliable therefor to the Municipality PROVIDED THAT upon the sale of each lot or block onthe Plan by the Owner, the Owner shall cease to have any responsibility for the obligationscreated in the paragraph entitled “Lot Grading and Drainage” and the paragraph entitled“Weed Control and Removal of Debris” of this Agreement for such lot or block and theMunicipality shall be entitled to enforce the provisions of the aforesaid paragraphs of thisAgreement against the owners from time to time of every such lot(s) or block(s). The Ownerhereby acknowledges and agrees that neither the Performance Guarantee, MaintenanceGuarantee or any policy of insurance which the Owner is required to provide or maintainaccording to this Agreement, shall in any way be deemed to limit the liability of the Owner.

MAINTENANCE OF ROADS AFTER OCCUPANCY/WINTER MAINTENANCE

30. If any building on the Subdivision Lands is occupied, the Owner agrees to maintainall of the roads within the Subdivision Lands which provide access to such building until aCertificate of Assumption has been issued for such roads. Such roads shall be:

(a) maintained at all times in a well-drained and mud-free condition, fit forvehicular traffic, to the satisfaction of the Municipal Engineer; and

(b) snow-plowed and sanded, so as to permit their use by vehicular traffic, tothe satisfaction of the Municipal Engineer.

The Owner shall provide, at its sole expense, dust control, on an as required basis, forall of the roads within the Subdivision Lands until a Certificate of Assumption has beenissued for such roads.

12

Prior to the issuance of the Certificate of Assumption the Owner shall be responsible,

at its own expense, for all winter maintenance of the roads within the Subdivision Lands. In

the event that proper vehicular access or snow removal is not provided by the Owner, the

Municipality, fluough its servants, agents or contractors may remove snow at the expense of

the Owner. All costs of such work shall be paid by the Owner within thirty (30) days of the

date of billing, failing winch tile Municipality shall be authorized to use all or any portion of

the Maintenance Guarantee of Perfomrnnce Guarantee. The Owner agrees that any work done

by the Municipality pursuant to this paragraph shall not be deemed in any way 10 be an

assumption by the Municipality of the roads within the Subdivision Lands. The Owner

acknowledges that the Municipality, while removing snow or placing winter salt and sand,

may damage or interfere with the Works and/or Utilities and the Owner hereby waives all

claims against the Municipality that it might have arising therefrom and covenants that it will

make no claim against the Municipality for such interference or damage.

The Owner may enter into a separate agreement with the Municipality whereby the

Municipality agrees, at the Owner’s expense, to provide winter maintenance of the roads

within the Subdivision Lands. Such agreement and any work done by the Municipality

pursuant to such agreement shall not be deemed in any way to be an assumption by the

Municipality of the roads within the Subdivision Lands.

COMPLETION TJME FOR CONSTRUCTION AND INSTALLATION

31. The Owner shall, within two (2) years of the date of this Agreement, complete the

construction and installation of all of the Works and Utilities in the subdivision as outlined in

Schedule “F”.

REQUIREMENTS FOR CERTIFICATE OF COMPLETiON

32. The Owner agrees that the construction and installation of the Works and Utilities for

the subdivision shall not be deemed to be completed for the purposes of this Agreement until

the Municipal Engineer have provided the Owner with written confirmation thereof, referred

to herein as a “Certificate of Completion”. In addition to any other requirements contained

herein, no Certificate of Completion shall be issued until:

(a) all of the Works and Utilities have been inspected and approved by the

Municipal Engineer; and

(b) the Owner has provided the Municipal Solicitor with satisfactory evidence

that there has been complete compliance with the requirements of The

Construction Lien Act, R.S.O. 1990, c.C.30, as amended from time to time

and that the period for preserving liens has expired ;vith respect to all work on

and development of the Subdivision Lands for which the Municipality may, in

the sole and absolute opinion of the Municipal Solicitor, be liable; and

(c) the Owner has provided tile Municipality with original inked drawings, on

such material as approved by the Municipal Engineer, and digital computer

files showing all of the Works and Utilities “as constructed and installed”.

REQUIREMENTS FOR RELEASE OF PERFORMANCE GUIWANTEE

33. After Thirty Percent (30%) of the value of the Works and Utilities described in

Schedule “F” to this Agreement have been completed, the Owner may from time to time

apply to the Municipality to have the Performance Guarantee reduced by an amount not to

exceed Eighty Percent (80%) of the value of the Works and Utilities completed to the date of

such application.

For purposes of tIns paragraph, a certificate prepared by the Owner’s Engineer and

approved in writing by the Municipal Engineer shall be conclusive evidence as to the amount

of work that has been done.

Notwithstanding the foregoing, it is understood and agreed that the Municipality shall

at all times retain the Perfornmnce Guarantee in an amount sufficient to cover the cost of

13

completing all of the Works and Utilities, plus Twenty Percent (20%) of the original

applicable Works and Utilities Cost Estimate.

The Owner agrees that the Municipality shall not be obligated to release to the Owner

the unused portion of the Performance Guarantee until:

(a) a Certificate of Completion has been issued for all of the Works and

Utilities; and

(b) the Owner has deposited with the Municipality the Maintenance Guarantee as

hereinafter described; and

(c) there has been full compliance with the requirements of The Construction

Lien Act1 R.S.O. 1990, c.C.30, as amended, and that the time for

preserving liens has expired in relation to such work, services or materials

for which the Municipality may, in the sole and absolute opinion of the

Municipality’s Solicitor, be liable.

PERIOD OF REQUIRED MAINTENANCE OF WORKS

34. The Owner shall, from the date of isstLance of a Certificate of Completion, maintain

all of the Works and Utilities, for the applicable Stage, for a period of two (2) years or until a

Certificate of Assumption is issued, whichever is the later.

MAINTENANCE GUARANTEE REQUIRED

35. In order to ensure that the Works and Utilities will be properly maintained and that all

defects will be replaced and/or repaired, the Owner shall, prior to the release by the

Municipality of the Performance Guarantee, lodge with the Municipality a “Maintenance

Guarantee” consisting of an irrevocable bank letter of credit in an amount equal to Twenty

Percent (20%) of the original Works and Utilities Cost Estimate. The Owner covenants and

agrees to provide the Municipal Engineer copies of all invoices relating to the Works and

Utilities. ‘rho Maintenance Guarantee shall be in the form attached hereto as Schedule “L”.

The Owner covenants and agrees that the letter of credit shall be maintained in full force and

effect until the Certificate of Assumption is issued by the Municipality.

USE OF THE MAINTENANCE GUARANTEE

36. The Owner agrees that the Municipality may, in its sole discretion, at any time andfrom time to time, authorize the use of all or any part of the Maintenance Guarantee for suchpurposes as the Municipality deems fit:

(a) if the Owner fails to properly maintain, repair or replace any or all of theWorks and/or Utilities; or

(b) if a claim for lien is registered or a copy thereof given to the Clerk of theMunicipality pursuant to The Construction Lien Act, R.S.O. 1990, c.C.30,as amended from time to time; or

(c) if the Owner fails to pay any costs, charges, expenses, premiums, liens orother monies whatsoever payable by the Owner arising from or inconnection with or in any way relating to:(i) the maintenance, repair or replacement of any or all of the Works orUtilities and/or(ii) the other provisions of this Agreement.

REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE

37. The Maintenance Guarantee shall be retained by the Municipality until:

(a) a Certificate of Assumption has been issued for the Works and the Utilities;and

14

(b) the Owner has provided the Municipal Solicitor with satisfactory evidence

there has been full compliance with the requirements of The Construction

Lien Act, R.S.O. 1990, c.C.30, as amended, and that the time for preserving

liens has expired in relation to such work, services or materials for which the

Municipality may, in the sole and absolute opinion of the Municipality’s

Solicitor, be liable.

REQUIREMENTS FOR CERTIFICATE OF ASSUMPTION

38. The Owner agrees that none of the Works or Utilities covered by a Certificate of

Completion shall be deemed to be accepted by the Municipality until the Municipal Engineer

has provided the Owner with written confimrntion thereof, referred to herein as a “Certificate

of Assumption”. In addition to any other requirements contained in this Agreement, no

Certificate ofAssumption for the Works or Utilities, shall be issued until:

(a) (lie Municipal Council has by resolution approved the written report of the

Municipal Engineer that all of the Works and Utilities, have been maintained

for the required period of time to the approval of the Municipal Engineer, and

(b) the Owner has provided the Municipality with any changes to the original

inked drawings and digital computer files, showing all of the Works and

Utilities “as constructed and installed” ; and

(c) the Owner has supplied a written statement from a registered Ontario Land

Surveyor that after the completion othe subdivision work, he has found or

replaced all survey monuments and iron bars as shown on the registered

plan of subdivision.

Notwithstanding anything contained in this Agreement to the contrary, the

Municipality shall not be obligated to issue a Certificate of Assumption until at least 50% of

the lots on the Plan have occupied dwellings thereon.

OWNERSHIP OF WORKS BY MUNICIPALITY

39. The Owner agrees that, upon the issuance of a Certificate of Assumption, the

ownership of all the Works and Utilities covered by such Certificate ofAssuniption shall vest

in the Municipality (as the case may be) and the Owner shall have no right or claim thereto,

other than as an owner of land abutting a road in which such Works and Utilities are

installed.

INTEREST IN SUBDIVISION LANDS

40. The Owner hereby charges and subordinates all its interest in the Subdivision Lands

with and to the obligations contained in this Agreement.

PAYMENT OF MUNICIPAL COSTS

41. Every provision of this Agreement by which the Owner is obligated in any way shall

be deemed to include the words “at the expense of the Owner”. The Owner shall reimburse

the Municipality forthwith on demand for all administrative, planning, legal, engineering,

inspection and/or other costs or expenses whatsoever incurred by the Municipality , or any of

its agents, in connection with the development of the Subdivision Lands or in respect of this

Agreement. In the event that the Owner does not reimburse the Municipality, as aforesaid,

the lvlunieipality may, at its sole discretion, on thirty (30) days written notice to the Owner,

use the Performance Guarantee or Maintenance Guarantee (as the case may be) or any part

thereof for the payment in flaIl of such costs or expenses.

In addition to and in furtherance of the foregoing, the Owner shall deposit with the

Municipality the sum of $2,000.00 prior to the execution of this Agreement. If the Owner has

already provided a deposit as part of the development application, a further deposit is not

required. As accounts are received by the Municipality, they will be paid by the Municipality

Is

and then submitted to the Owner who shall forthwith reimburse the Municipality so that the

$2,000.00 deposit is constantly maintained, until a Certificate of Assumption has been issued.

UNPAID CHARGES

42. The due dates of any sum of money payable herein shall be thirty (30) days after the

date of the invoice. Interest at the rate of Two Percent (2%) per month shall be payable by

the Owner to the Municipality on all sums of money payable herein, which are not paid on

the due dates, calculated from such due dates.

NOTIFICATION OF OWNER

43. All notices, requests, demands or other communications by the terms hereof required

or permitted to be given by one party to another shall be given in writing by personal delivery

or by fax or by first class mail, postage prepaid, addressed to such other party or delivered to

such other party as follows:

(a) to the Municipality at:

The Corporation of the Municipality of Brighton

P.O. Box 189, 35 Alice StreetBrighton, Ontario. KOK 1 HO

(b) to the Owner at:

Dick RoosP.O. Box 602,Brighton, Ontario. KOK IHO

or at such other address as may be given by any of them to the others ui writing from time to

time and such notices, requests, demands or other communications shall be deemed to have

been received when faxed or delivered, or, if mailed seventy-two (72) hours after 12:01 a.m.

on the day following the day of the mailing thereof

REGISTRATION OF AGREEMENT

44. The Owner hereby consents to the registration of this Agreement against the title of

the Subdivision lands.

CANCELLATION OF AGREEMENT

45. In the event that the Plan has not received final approval from the PRMPA and hasnot been registered within twelve (12) months of the date of execution of this Agreement bythe Municipality, the Municipality may, at its option, on fifteen (15) days written notice to

11w Owner, declare this Agreement to be null and void and the Municipality may withdraw itsrecommendation to the PRMPA for the final approval of the Plan.

RENEGOTIATION OF AGREEMENT

46. The Owner agrees that the Municipality may, at its option, on fifteen (15) dayswritten notice to the Owner, declare this Agreement to be suspended and subject torenegotiations (whereupon the Owner agrees to forthwith cease any construction orinstallation of the Works and/or Utilities until tins Agreement has been renegotiated) in theevent that:

(a) the PRIvIPA approves a plan of subdivision for the Subdivision Lands whichis different from the Plan attached hereto as Schedule “B”, or

(b) construction or installation of the Works and Utilities has not been

substantially commenced within eighteen (18) months from the date of this

Agreement.

16

In such event, the Municipality shall have the right to require the Agreement to be

amended based on a review of the following matters, namely:

(i) updated construction cost estimates

(ii) updated municipal standards; and/or

(iii) altered design circumstances

ASSIGNMENT OF AGREEMENT

47. The Owner shall not assign this Agreement or any of its obligations hereunder

without the prior written consent of the Municipality.

SCHEDULES TO AGREEMENT

48. The following Schedules which are attached hereto together with all provisions

contained therein are hereby made a part of this Agreement as ftilly and to all intents and

purposes as though recited in full herein:

Schedule “A” - Legal Description of Subdivision Lands

Schedule “B” - Plan of SubdivisionSchedule “C” - Approved Engineering Design Drawings

Schedule “D” - Easements to be conveyed

Schedule “E” - Lands to be conveyed

Schedule “F” — Works and Utilities

Schedule “0” - Works and Utilities Cost Estimate

Schedule “H” — Owner’s Engineer’s Duties

Schedule “I” — InsuranceSchedule “.1” — Nor UsedSchedule “K” - Regulations for Construction

Schedule “L” - Form of Letter of Credit

HEADINGS

49. The headings in this Agreement are for the use of reference only and shall not be read

or construed so as to abridge or modify the meaning of any provision in the main text of this

Agreement.

NO WAIVER

50. The failure of the Municipality to insist on strict performance of any of the tenns,

provisions, covenants or obligations herein shall not be deemed to be a waiver of any rights

or remedies that the Municipality may have, and shall not be deemed to be a waiver of any

subsequent breach or default of the terms, provisions, covenants and obligations herein

contained.

TIME OF ESSENCE

51. Time shall be of the essence of this Agreement and every part hereof and no extension

or variation of this Agreement shall operate as a waiver of this provision.

SEVERABILITY

52. If any term or provision of this Agreement or the application thereof to any person

shall to any extent be held to be invalid or unenforceable, the remainder of tlüs Agreement or

the application of such term or provision to all persons other than those to whom it was held

to be invalid or unenforceable, shall not be affected thereby and each teim and provision of

this Agreement shall be separately valid and enforceable to the fullest extent permitted by

law.

17

DEVELOPMENT CHARGES

53. The Owner acknowledges that the Municipality has passed a by-law pursuant to the

Development charges Act, 1997, and that development charges calculated in accordance with

the provisions of the aforesaid by-law shall be imposed by and payable to the Municipality

prior to the issuance of a building permit for every lot within the Subdivision Lands.

PLANNING ACT

54. It is acknowledged that the Municipality is entitled, by virtue of The Planning Act,

R.S.O. 1990, c.P.13, as amended, to enforce the provisions of this Agreement not only

against the Owner but also against any and all subsequent owners of the Subdivision Lands

or any part thereof

WEED CONTROL AND REMOVAL OF DEBRIS

55. All weeds, grass and other similar growth on each lot and block on the Subdivision

Lands shall be kept cut and under control by the owner from time to time of such lot or block

at his own expense. Further, the owner from time to time of such lot or block shall keep the

said lot or block free from debris, waste building materials, tree stumps, discarded boulders

and other similar materials.

SPECIAL PROWSIONS

56. (a) The street within the Subdivision Lands shall be named “Seneca Drive” and the

Municipality will assign house numbers for all dwellings constructed within

the Subdivision Lands.

(b) The Owner will be pennitted to erect one (1) Development Sign, in

accordance with the Municipality’s Sign By-Law, on the municipal road

allowance until all lots within the subdivision lands have been sold.

(c) The Owner covenants and agrees to construct and maintain temporary turning

basins at temporary road ends, in accordance with the Approved Engineering

Design Drawings and the requirements of the Municipality and the County of

Northumberland.

(d) The Municipality hereby agree with the Owner that building permits may be

issued for the construction of a maximum of one (1) nrndel home within the

Subdivision Lands, provided that the following conditions are satisfied:

(i) that the Plan has received final approval from the PRMPA;

(ii) that this Agreement has been registered on title for the Subdivision

Lands;(iii) that the Municipality has passed an amendment to the zoning by-law to

remove the “holding” provisions; and(iv) that the building permit applications othenvise conforms with all other

applicable laws, by-laws, policies and requirements of the Municipality.

(e) In consideration of the Municipality issuing building permits for the modelhome as aforesaid, the Owner hereby irrevocably covenants and agrees;

(1) that the model home shall be occupied until water, sewer and hydro

electric services have been installed, connected and approved by theMunicipality; and

(ii) to waive, release and forever discharge the Municipality of and from anyand all actions, causes of action, damns and demands which the Ownermay or shall hereafter have against the Municipality for or by reason ofor in any way arising out of; directly or indirectly, the constructionand/or use of the aforesaid model homes; and

(iii) to indenrni& and save hannless the Ivlunicipality, jointly and severally,

their employees, workmen, agents, consultants and advisors from andagainst all actions, causes of action, losses, liens, damages, suits,

18

judgements, orders, awards, claims and demands whatsoever, whether

the same shall be with or without merit, and from all costs to which the

Municipality may be put in defending or settling any such action,

causes of action, suits, claims or demands, which may arise either

directly or indirectly, by reason of; or as a consequence of, or in anyway related to the construction and/or use or the aforesaid modelhomes, save and except where same have been caused directly or

indirectly by gross negligence or wilful misconduct of theMunicipality, their employees, workmen, agents, consultants andadvisors.

STREET SIGNS

57. The Owner agrees to reimburse the Municipality for the instal[ation of street signs

and regulatory signs.

INHIBITING ORDER

58. The Owner hereby consents to the registration of an Inhibiting Order pursuant to

Section 23 of The Land Titles Act, R.S.O. 1980, Chapter 230 as amended from time to time,

on the following terms and conditions:

(a) The huuibiting Order shall be registered against the lands described in

Schedule A; and

(b) The Inhibiting Order shall not be registered until this Agreement has

been executed by all parties hereto; and

(c) The Inhibiting Order shall provide that the said Order is to be

discharged forthwith upon the presentation by the Municipality to the

Land Registrar of this Subdivision Agreement in registrable form.

It is acknowledged by the parties hereto that the purpose of this paragraph is to

prevent the conveyance of any lots within the Subdivision Lands until this Agreement has

been registered on title and all easements, save and except those for vhich the Owner’s

undertaking to complete has been provided, reserves and other lands to be conveyed inaccordance with the provisions of this Agreement have also been registered on title.

GOVERNING LAW

59. This Agreement shall be read and construed in accordance with the laws of theProvince of Ontario.

GENDER

60. In this Agreement, words importing the neuter gender shall include the feminine

gender and masculine gender and vice versa and words importing the singular shall includethe plural where the context requires.

AMENDING AGREEMENT

61. It is hereby acknowledged by the parties hereto that this Agreement may be amendedwith the mutual agreement of all parties hereto at any subsequent time or times and that suchagreements may not always be registered on title. All subsequent purchasers of any lot orlots within the Subdivision Lands are hereby advised to contact the Clerk of the Municipalityto determine if any subsequent agreements have been entered into.

SUCCESSORS

62. This Agreement shall enure to the benefit of and be binding upon each of the parties

hereto and its, his or her respective heirs, executors, administrators, successors, successors intitle and permitted assigns.

19

IN WITNESS WHEREOF the parties hereto have hereunder set their hands and

seals the day and year first above written, and the corporate parties hereto have hereunto

affixed their corporate seals attested to by the hands of their proper officers duly authorized

in that behalf.

SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE

in the presence of: ) MUNICIPALITY OF BRIGHTON

)))

_______________________________________________

) Per: Mayor

)))

_______________________________________________

) Per: Clerk

)))

DICK ROOS

)))

_______________________________________________

) Per:

))) NELLIE ROOS

)))

_____________________________________________________

) Per:

)

THIS AGREEMENT has been authorized and approved by By-Law No. 245-2004 of The

Corporation of the Municipality of Brighton and passed the 7” day of September, 2004

21

SCHEDULE “B”

PLAN OF SUBDIVISION

SURVEYOR’S CER1

LOT 7

R.P. 619_J—INST.

BLOCK 28, R.P. 614N°. 126676

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PART 4

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PARCEL 2—1, SECTION 39, CO

25

SCHEDULE “F”

WORKS

1. Clearing and Grubbing2. Temporary erosion and sediment controls3. Strip and stockpile topsoil4. Earth grading, excavation and stockpiling5. Sanitary sewer mains6. Sanitary sewer manholes7. Sanitary sewer service laterals8. Storm sewer mains9. Storm sewer manholes10. Storm sewer catchbasins and leads11. Stonmvater Management Facility12. imported granular backfill13. Rip rap erosion protection14. Subgrade preparation15. Granular B16. Granular A17. Subdrain18. HL 8 base asphalt19. HI 3 surface asphalt20. Concrete curb and gutter21. Concrete sidewalk22. Lot grading and drainage swales23. Topsoil and sod24. Boulevard plantings25. Signage

UTILITIES

1. Water mains2. Water services3. Hydrant sets4. Water valves and boxes5. Connections to existing water mains6. Underground hydro supply

(a) Primary cable(b) Secondary cable(c) Street light cable(d) Concrete bases and Transfonners(e) Street lighting(f Cable termination and connections(g) Concrete base c/w Switch Gear (as required)(h) Hypot test and report

7. Road crossings c/n’ all materials8. Backfill materials

(a) Brick sand(b) Select backfill(c) Clear stone Y4”(d) Granular A

9. Provisional items

SChEDULE “II”

DUTIES OF OWNER’S ENGINEER

(1) 1)ESIGN WORM

The Owner’s Engineer shall design nfl of the Works.

(2) PREPARE DRAWINGSI PLANS AND DOCUMENTS

The Owner’s Engineer shall prepare the following for the approval of the

Municipal Engineer:

(a) the Approved Working Drawings; and

(5) the Grading and Drainage Plan; and

(c) the Schedule of Work; and

(d) the Staging Plan, if any; and

(e) the Works Cost Estimate.

The approval of the Municipal Engineer shall not absolve the Owner or the

Owiier’s Engineer of the responsibility for any errors or omissions in the

above drawings, plans or documents.

(3) REPRESENT OWNER AND OBTAIN APPROVALS

The Owner’s Engineer shall act as the Owner’s representative in all matters

pertaining to the construction and installqtion of the Works and shall

cooperate with the Municipality to obtain the necessary approvals for

construction and installation.

(4) PROVIDE RESIDENT SUPERVISION

The Owner’s Engineer shall provide filly qualified supervisory, layout and

inspection staff to provide continuous service during all phases of the

construction and installation of the Works and to perform the following:

(a) provide field layout including the provision of line and grade to (lie

contractors and, where required, restaking; and

(5) inspect the construction and installation to ensure that all work is

being performed in accordance with the contract documents; and

(c) arrange for or carry out all necessary field testing of materials and

equipment installed or proposed to be installed; and

(d) provide coordination and scheduling of the construction and

installation in accordance with the timing provisions contained herein

and the requirements of the Municipal Engineer; and

(e) investigate and report to the Municipal Engincer tiny construction

changes and/or unusual circumstances which may arise during the

construction and installations; and

(1) obtain field information, during and upon completion of the

construction and installation, required to produce the Final “As Built’

Engineering Drawings.

(5) MAINTAIN RECORDS

The Owner’s Engineer shall maintain all records pertaining to the

construction and installation.

(6) PROVIDE PROGRESS REPORTS

The Owner’s Engineer shall provide the Municipal Engineer with reports on

the progress of the construction and installation on a monthly basis, or at

such other interval as approved by the Municipal Engineer.

(7) PREPARE FINAL ENGINEERING DRAWINGS

The Owner’s Engineer shall prepare the Final “As Built” Engineering

Drawings for the approval of the Municipal Engineer on reproducible mylar

drawings.

(8) LETTER FROM ENGINEER

The Owner shall obtain a written acknowledgement from the Owner’s

Engineer addressed to the Municipality and filed with the Municipality to the

following effect:

(a) that the Owner’s Engineer has received a copy of this Agreement and

is aware ofall of the terms and conditions contained herein;

(b) that the Owner’s Engineer vilI perform his services for the Owner in

accordance with the terms of tins Agreement; and

(c) that the Owner’s Engineer will keep the Municipal Engineer advised

of any and all material facts, changes or developments, pertaining to

the Subdivision Lands, the Plan, this Agreement or any default

hereunder, and the contravention of any Laws pertaining to the

foregoing to the extent that lie is aware of such contravention.

SCHEDULE “I”

INSURANCE POLICIES REQUIRED

(1) TYPES AND AMOUNTS OF COVERAGE REQUIRED

Without restricting the scope of the indemnities required by this Agreement, the

Owner shall obtain and maintain insurance of the character commonly referred to as

public liability and property damage with an insurance company approved by the

Municipality and duly authorized by law to underwrite such insurance in the Province

of Ontario. Such policy or policies of insurance shall indemnify the Municipality

against all claims for loss, damage, injury or death directly or indirectly arising from

or as a consequence of or in any way relating to any act or omission of the Owner or

any officer, agent, servant, employee, workman, consultant, advisor or contractor of

the Owner in the development of the Subdivision Lands, including without limiting

the generality of the foregoing.

(a) any loss or damage that happens to any of the Works or any of the Utilities or to

any part or parts thereof respectively; and

(b) any loss or damage that happens to any of the materials or any of the equipment

or vehicles or any other things used in the construction or installation of any of

the Works or any of the Utilities or any part or parts thereof respectively; and

(c) any injury or death to any person or persons;

(d) any loss or damage whatsoever that results from the storage, use or handling of

explosives; and

(e) any loss or damage that results from the drainage of surface waters on or from the

Subdivision Lands; and

(0 any loss or damage that happens to any public road or to any other property of the

Municipality or to the property of any person.

The policy or policies of insurance shall name the Municipality as Additional Insureds

and shall provide a minimum coverage of Five Million Dollars ($5,000,000.00) per

occurrence for bodily injury, death, and damage to property including the loss thereof.

The policy or policies of insurance shall provide “occurrence type” coverage, that is to

say, the po1icyes) will cover any claims which may be presented at any time (subject to

the Statute of Limitations) arising from an occurrence that happened within the policy

period.

The said policy or policies of insurance shall be maintained at least until the Certificate of

Assumption has been issued by the Municipality.

The issuance of such policy or policies of insurance shall not be construed to relieve the

Owner from responsibility for other or larger claims for which it may be held responsible.

(2) EXEMPTIONS OF COVERAGE PROHIBITED

The policy or policies of insurance shall contain no coverage exemptions or limitations

for:

(a) any shoring, underpinning, raising, or demolition of any building or structure; or

(b) any pile driving or caisson work; or

(c) any collapse or subsidence of any building, structure or land from any cause; or

(ci) any storage, handling or use of explosives.

(3) OTHER CONDITIONS REQUIRED

The policy or policies of insurance shall be endorsed to provide that the policy will not be

altered, cancelled or allowed to lapse without sixty (60) days’ written notice to the

Municipality or Owner.

The said policy or policies of insurance shall have no exclusion for blasting and must

contain a twenty-four (24) month “completed operations” clause and “cross-liability”

clause.

THIS SCHEDULE NOT USED

SCHEDULE “J”

SCHEDULE “K”

REGULATIONS FOR CONSTRUCTION

(1) REQUIREMENTS FOR BLASTING

The Owner shall, prior to commencing any blasting, obtain from the Municipal

Engineer, permission to carry out the blasting operation. Any blasting operation

shall be supervised on site by a qualified person. In add Won, the Owner shall, prior

to commencing any blasting, provide the Municipal Engineer with proof of

insurance, which insurance shall comply with the requirements of this Agreement

including (he Schedule hereto entitled “Insurance Policies Required”. lie issuance

of such a policy or policies of insurance shall not be construed as relieving the

Owner from responsibility for other or larger claims, if any, for which it may be held

responsible.

(2) DUMPING OF FILL OR DlIBRiS

The Owner agrees to neither dump, or permit to be dumped, any fill, debris or other

material, nor to remove or permit to be removed, any topsoil or fill from any lands

presently owned by or to be conveyed to the Municipality or the Commission,

without the written consent of the Municipal Engineer and the Commission

Manager.

(3) DISPOSAL OF CONSTRUCTION GARI3AGE

All construction garbage and debris from the Subdivision Lands must be disposed of

in an orderly and sanitary fashion, at the expense of (lie Owner. The Owner agrees

to deliver a copy of this Schedule entitled “Regulations for Construction” to each

and every builder prior to obtaining a building permit for any lot or lots or part of

any lot within the Subdivision Lands.

(4) QUALITATIVE AND QUANTITATIVE TESTS

The Owner agrees that the Municipality and/or the Commission may have

qualitative or quantitative tests made of ahy materials or equipment installed or

proposed to be installed on public lands. The costs of such tests shall be paid by the

0 wner.

(5) MAINTENANCE, CLOSING ANI) USE OF EXTERNAL ROADS

The Owner shall, at all times during the term of this Agreemert, ensure that all

public roads abutting the Subdivision Lands and all public roads used for access to

the Subdivision Lands, during any construction on the Subdivision Lands, shall be

maintained in a condition equal to that now existing and to the approval of the

Municipal Engineer. If damaged, the Owner agrees to restore immediately, at its

expense, such road to a condition equal to that existing at the time of such damage

and to the approval of the Municipal Engineer. No public road shall be closed

without the prior wri (ten upiwo va I of the authority having jurisd ic Lion over such

public road. The Owner agrees not to use or occupy any untravelled portion of any

public road allowance without the prior written approval of the authority having

jurisdiction over such public road allowance. All trucks making delivery to, or

taking materials from, the Subdivision Lands shall be covered or loaded so as not to

scattcr such materials on any public road. In the event that any mud, dust, refuse,

rubbish and/or other litter of any type esulting from the development of the

Subdivision Lands is found upon highwa9s outside of the Subdivision Lands, the

Owner shall clean up same to the satisfaction of the Municipality within 24 hours of

the giving of notice to the Owner or its agent by the Municipality. If the Owner has

not caused same to be cleaned up within 24 hours as aforesaid, it is agreed that the

Municipality may, at its sole option1 carzy out the required clean-up work at the

Owner’s expense plus thirty per cent (30%) of the total cost thereof for

inconvenience caused to the Municipality. All construction vehicles going to and

2

from the Subdivision Lands shall use (he access routes, if any, designated by the

Municipal Engineer.

(6) LAWN REPAIR

A_ny damage to existing lawns whether on private or public property shall be

reinstated by the Owner at its expense with nursery sod in accordance with the

Municipality’s specifications and to the satisfaction of the Municipal Engineer.

(7) 1’ONDING CONTROL

The Owner agrees to carry out such grading and/or drainage works as may be

necessary to prevent or eliminate the ponding of surface water or other conditions

which may, in the opinion of the Medical Of?icer of Health, be favourable to the

breeding of mosquiloes. This work shall be done before the month of June each

year. No work shall be required From October to May.

*

SCHEDULE “L”

APPROVED FORM 01? LEEPER OF’ CREDIT

NAME OF BANK:_________________________ Date Issued;____________

Let icr nj Credil No. Ainnujit:

____________________________

ISSUE)) SUBJECT TO 9’l I UNI b’OItM CUSTOMS AND PRACTICES FOR

DOCUMENTARY CREDITS ll1itNG ICC PUBLICATION UCP 500

frLUM(Cl Pm-c? T(

TO: TIlE CORPORATION OFTI[EN OFBRICIITON

35 Ahcc StreetP.O. Box ISOBi’ighton, Oiitai’io I

KOK 1110

WE IISREBY AUTHORIZE YOU TO DRAW ON TIlE (Dank)

(Address) for the account oftip lo an aggregate amount

of______________________________________ (Canadian)) available on demand,

PURSUANT TO THE REQUEST OP our customer, , we the

(Bank) , (Address) hereby establish and

give you an Inevocable Lelter of Credit in your favour in tIi above amount which may be drawn on

by you ni any Lime and from lime to Lime, upon written demand for payment iiade upon us by you,

which demand we shall honour without enquiring whether you have the right as between yourself

and our said customer to make such demand, and without recognizing any claim of our said

customer1 or objection by our said customer lo payment by us. Partial drawing.are enniued.

DEfvIAND shall be made by way of a letter signed by the Clerk of your Municipality under the

corporale seal of Ilie Mtiiiicinility. Presentation shall be made to the

______________(Bank)_______________ _________________(Address)______________________

We acknowledge that this Letter of Credit relates to those works, utilities, scn’ices and financial

obligations set out in an Agreement between and the Corporation of the

Town of Brighton And

_______(Name

of Mortgagees)______ relating 10 the development of lands in• Town of Brighton, County of Northumberland.

This Letter of Credit will continue in force up to (Dale), 20 (subject to the condition

hereinafter set out) and ydti may call upon payment of the full or any partial amount outstanding

tinder this Letter of Credit at any time or times up to that dale. It is a condition of this Letter of

Credit that it shall be deemed to be automatically extended without amendment from year to year

from the aforementioned or any future expiration date hereof, unless thirty days prior to any such

date we notify you in writing by registered mail that we elect not to considdrthis Lefler of Credit to

be renewed for any additional period. Alter receipt by you of such noliee, you may draw on this

Letter of Credit in full or in lwrt.

Dated at

___________________

Ihis

______

day of , 20_.

(NAM1 or BANK)

(Authorized Signing Officer) (Aulhorized Signing Officer)

I-

THE CORPORATION OF TUE MUNICIPALITY OF BRIGHTON


Being A By-Law to Authorize the Mayor and the Clerk to Execute a Subdivision

Agreement Between the Corporation of the Municipality of Brighton

and Gordon Tobey Developments Ltd.


ENACTS AS FOLLOWS:

1. The Mayor and the Clerk are hereby authorized to execute a Subdivision Agreement

between the Corporation of the Municipality of Brighton and Gordon Tobey

Developments Ltd., copy of which is attached hereto and forms part of this by-law.

2. This by-law and Agreement to be registered on title.

READ A FIRST AND SECOND

of September, 2004.

Mayor

TIME, read a third time and finally passed this 7th day

Clerk

4I61

V

2

THIS AGREEMENT made in quadwplicate this day of , 2001.

BETWEEN;


(hereinafter called the “Municipality”)

Party of the FIRST PART

-and-

CORDON TOBEY DEVELOPMENTS LTD

(hereinafter called the “Owner”)

Party of the SECOND PART

and

MACWALDUN INVESTMENTS LIMITED

(hereinafter called the “Mortgagee”)

Party of the THIRD PART

WHEREAS the lands affected by this Agreement are described in Schedule

“A” hereto and are hereinafter called “the Subdivision Lands”;

AND WHEREAS the Owner warrants that it is the sole owner of the

Subdivision Lands;

AND WHEREAS the Owner has applied to the Pine Ridge Municipal

Planning Agency, hereinafter called the ‘PRMPA”, for approval of a plan of subdivision for

the Subdivision Lands (MMAH File No. 14T-92001);

AND WHEREAS to comply with one or more of the PRMPA’s conditions

for such approval, the Owiier has agreed to enter into this Agreement with the Municipality;

AND WHEREAS upon the execution and delivery of this Agreement by the

parties hereto, the conditions of draft approval relating exclusively to the Municipality shall

have been complied with save and except the draft condition requiring registration of this

Agreement;

AND WHEREAS in this Agreement, “Municipal Engineer” means the person

employed by the Municipality as the Director of Public Works & Environmental Services;

NOW THEREFORE in consideration of the mutual agreements, covenants

and promises herein contained, and other good and valuable consideration, (the receipt

and sufficiency of which is acknowledged by the parties hereto), the parties hereto agree as

follows:

CERTIFICATION OF OWNERSHIP AND ENCUMBRANCES

3

PLAN OF SUBDIVISION

2. The Owner warrants and covenants that the plan of subdivision attached hereto asSchedule “B” (herein called “the Plan”) has been prepared for the Subdivision Lands by aregistered Ontario Land Surveyor, and has been given draft approval by the Minister and allapproved amendments to the draft Plan have been shown thereon. At the time of registrationof this Agreement, Schedule “B” shall be replaced by a written description of the SubdivisionLands referring to all lots, blocks, streets, etc. described in accordance with the Plan asregistered.

PAYMENT OF TAXES AND OTHER CHARGES

3. The Owner shall, prior to the execution of this Agreement by the Municipality, payall arrears of taxes outstanding against the Subdivision Lands. The Owner further undertakesand agrees to continue to pay all taxes levied on the Subdivision Lands or any part or partsthereof on the basis of and in accordance with the assessment and collector’s roll entries asrevised from time to time. The Owner agrees to pay municipal taxes for the Ml year inwhich any transfer of lands within the Plan or any part thereof takes place if such transferresults in the lands being exempt from taxation for any part of that year unless theMunicipality receives grants in lieu of the taxes which would otherwise be payable. TheOwner also agrees that any local improvement charges or other designated charges orimposed rates outstanding against the Subdivision Lands shall be commuted for payment andpaid in full by the Owner prior to the execution of this Agreement by the Municipality.

GRANTS OF EASEMENTS

4. The Owner shall, prior to the execution of this Agreement by the Municipality,execute and deliver to the Municipality the grants of easements set out in Schedule “D”hereto, and with the exception of the encumbrances by the Mortgagee, be free and clear ofany other mortgages, liens, charges and encumbrances. If, subsequent to the registration ofthe Plan, further easements are required for utilities or drainage, the Owner agrees to grantsuch easements forthwith upon demand at no expense to the Municipality.

CONVEYANCE OF LANDS; PARKLAND

5. The Owner shall, prior to the registration of this Agreement by the Owner, execute anddeliver to the Municipality transfers sufficient to vest in the Municipality absolute title in feesimple, free and clear of all mortgages, liens, charges, encumbrances and/or easements, for thelands described in Schedule “F hereto.

In addition, the Owner shall, prior to the registration of this Agreement, enter into aneasement or right-of-way agreement with the Municipality for the fUture development of theButler Creek Trail.

PREPARATION AND REGISTRATION OF DOCUMENTS

6. All deeds, grants of easements and other conveyances required herein shall beprepared, executed and registered at the Owner’s expense and shall be approved by theMunicipality’s solicitor prior to execution and registration. The registered number of thePlan shall be left blank in the description in each document to be registered so that suchnumber may be inserted after the Plan has been registered.

WORKS and UTILITIES REQUIRED

7. The Owner shall be responsible, at his own expense, for the design, construction,installation and maintenance of the works, services and facilities generally described inSchedule “F” hereto, and hereinafter called the “Works and Utilities”. The Owner shall beresponsible for all costs of the Works and Utilities required for the Subdivision Lands.

OWNER’S ENGINEER

C

17

the application of such term or provision to all persons other than those to whom it was held

to be invalid or unenforceable, shall not be affected thereby and each term and provision of

this Agreement shall be separately valid and enforceable to the fullest extent permitted by

law.

DEVELOPMENT CHARGES

53. The Owner acknowledges that the Municipality has passed a by-law pursuant to the

Development Charges Act, 1997, and that development charges calculated in accordance with

the provisions of the aforesaid by-law shall be imposed by and payable to the Municipality

prior to the issuance of a building permit for every lot within the Subdivision Lands.

PLANNING ACT

54. It is acknowledged that the Municipality is entitled, by virtue of The Plamung Act,

R.S.O. 1990, c.P.13, as amended, to enforce the provisions of this Agreement not only

against the Owner but also against any and all subsequent owners of the Subdivision Lands

or any part thereof.

WEED CONTROL AND REMOVAL OF DEBRIS

55. All weeds, grass and other similar growth on each lot and block on the Subdivision

Lands shall be kept cut and under control by the owner from time to time of such lot or block

at his own expense. Further, the owner from time to lime of such lot or block shall keep the

said lot or block free from debris, waste building materials, tree stumps, discarded boulders

and other similar materials.

SPECIAL PROVISIONS

56. (a) The Municipality will assign house numbers for all dwellings constructed

within the Subdivision Lands.

(b) The Owner will be permitted to erect two (2) Development signs, in

accordance with the Municipality’s Sign By-Law, on the municipal road

allowance until all lots within the subdivision lands have been sold.

(c) The Owner agrees to erect a black chain link fence along the lot boundary of

all lots backing onto the old cemetery. The Municipality agrees to maintain

the cemetery grounds to acceptable standards.

(c) The Municipality hereby agree with the Owner that building permits may be

issued for the construction of a maximum of three (3) model homes within the

Subdivision Lands, provided that the following conditions are satisfied:

(i) that the Plan has received final approval from the PRMPA;

(ii) that this Agreement has been registered on title for the Subdivision

Lands;(iii) that the Municipality has passed an amendment to the zoning by-law to

remove the “holding” provisions; and(iv) that the building permit applications otherwise conforms with all other

applicable laws, by-laws, policies and requirements of the Municipality.

(d) In consideration of the Municipality issuing building permits for three (3) model

homes as aforesaid, the Owner hereby irrevocably covenants and agrees;

(i) that none of the model homes shall be occupied until water, sewer and

hydro electric services have been installed, connected and approved by

the Municipality; and(ii) to waive, release and forever discharge the Municipality of and from any

and all actions, causes of action, claims and demands which lhe Owner

may or shall hereafter have against the Municipality for or by reason of

or in any way arising out of, directly or indirectly, the construction

and/or use of the aforesaid model homes; and

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Being A By-Law to Assume for Public Use Certain Roads Within

the Boundary of the Corporation of the Municipality of Brighton

WHEREAS, Section 5 of the Municipal Act, 2001, as amended, specifies that a Municipal

Council shall exercise its powers by By-Law;

AND VHEREAS, Section 8 and 9 of the Municipal Act, 2001, as amended, provides that a

Municipality has the capacity, rights, powers and privileges of a natural person for the

purpose of exercising its authority under the Municipal Act or any other Act;

AND WHEREAS, Section 11 (2) of the Municipal Act, 2001, as amended, specifies the

Spheres of Jurisdiction the Municipality may pass By-Laws respecting matters in those

Spheres of Jurisdiction;

AND WHEREAS, Section 31. (4) of the Municipal Act, 2001, as amended, provides that a

Municipality may, by by-law, assume for public use all road allowances, highways, streets

and lanes shown on a registered plan of subdivision;

AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems it

expedient to designate certain lands within the boundary of the Municipality of Brighton, for

use as a public highway;


ENACTS AS FOLLOWS:

I. That Block 29 on Plan 614, Town of Brighton, now in the Municipality of Brighton,

County of Northumberland, is hereby assumed for public use and designated as pad of

a public highway known as Iroquois Avenue.

2. That Pans 2,3 and 5 on Plan 39R-l0152, Town of Brighton, now in the Municipality

of Brighton, County of Northumberland, is hereby assumed for public use and

designated as part of a public highway known as Iroquois Avenue.

3. This by-law to come into force and take effect on the dale of registration in the

Northumberland Registry Office.

READ A FIRST AND SECOND TIME, read a third time and finally passed this 7’, day

of September, 2004.

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THE MUNICIPALITY OF BRIGHTON

BY-LAW NO. 248-2004

BEING A BY-LAW OFTHE


WITH RESPECT TO DEVELOPMENT ChARGES

WHEREAS Section 2(1) of the Development Charges Act, 1997, 5.0. 1997, c. 27

(hereinafter called the Act) enables the Council of a municipality to pass by-laws for the

imposition of development charges against land located in the municipality where the

development of the land would increase the need for municipal sen’ices as designated in the by

law and the development requires one ormore ofthe actions set out in Subsection 2(2) of the Act;

AND WHEREAS the Council of the Municipality of Brighton, at its meeting of

September 7th, 2004, approved a report entitled Municipality ofBrighton Development Charges

Study;

AND WHEREAS the Council has given Notice in accordance with Section 12 of the

Development Charges Act, 1997 of its development charges proposal and held a public

meeting on September 7, 2004.

AND WHEREAS the Council has heard all persons who applied to be heard in objection

to, or in support of, the development charges proposal at such public meeting and provided a

subsequent period for written communications to be made;

AND WHEREAS the Council, in adopting the Municipality of Brighton Development

Charges Study on September 7, 2004, directed that development charges be imposed on land

tinder development or redevelopment within the geographical limits of the municipality as

hereinafter provided.

NOW THEREFORE the Council enacts as follows:

In this By-law:

I. In this By-law:

DEFINITIONS

(1) “Act” means the Development Charges Act, 1997, S.O. 1997, c. 27;

(2) “accessory use” means where used to describe a use, building or structure, that the

use, building or structure is naturally and normally incidental, subordinate in

purpose of floor area or both, and exclusively devoted to a principal use, building

or structure;

(3) “apartment unit” means any residential dwelling unit within a building containing

more than two dwelling units where the residential units are connected by an

interior corridor;

(4) “bedroom” means a habitable room larger than seven square metres, including a

den, study or other similar area, but does not include a living room, dining room

or kitchen;

(5) “benefitting area” means an area defined by a map, plan or legal description in a

front-ending agreement as an area that will receive a benefit from the construction

of a service;

(6) “capital costs” means costs incurred or proposed to be incurred by the

municipality or a local board thereof directly or under an agreement,

(a) to acquire land or an interest in land,

(b) to improve land,

(c) to acquire, construct or improve buildings and structures,

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(d) to acquire, construct or improve facilities including:

(i) rolling stock, furniture and equipment with an estimated useful lifeof seven years or more,

(ii) materials acquired for circulation, refcrence or informationpurposes by a library board as defined in the Public Libraries Act,1984, S.O. 1984, c. 57,

(iii) furniture and equipment, other than computer equipment,

(e) to undertake studies in connection with any matter under the Act and anyof the matters in clauses (a) to (d),

required for the provision of services designated in this by-law within or outsidethe municipality, including interest on borrowing for those expenditures underclauses (a), (b), (c) and (d) that are growth-related;

(7) “commercial use” means the use of land, stmcthre or building for the purpose ofbuying and selling of commodities and supplying of services as distinguishedfrom manufacturing or assembling of goods, also as distinguished from otherpurposes such as warehousing and/or an open storage yard;

(8) “council” means the Council of the municipality;

(9) “development” means the construction, erection or placing of one or morebuildings or structures on land or the making of an addition or alteration to abuilding or structure that has the effect of increasing the size or usability thereof,and includes redevelopment;

(10) “development charge” means a charge imposed with respect to growth-related netcapital costs against land in the municipality under this by—law;

(11) “dwelling unit” means any part of a building or structure used, designed orintended to be used as a domestic establishment in which one or more personsmay sleep and are provided with culinary and sanitary facilities for their exclusiveuse;

(12) “existing industrial building” means a building used for or in connection with:

(a) manufacturing, producing, processing, storing or distributing something;

(b) research or development in connection with manufacturing, producing orprocessing something;

(c) retail sales by a manufacturer, producer or processor of something theymanufactured, produced or processed, if the retail sales are at the sitewhere the manufacturing, production or processing takes place;

(d) office or administrative purposes, if they are:

(i) carried out with respect to manufacturing, producing, processing,storage or distributing of something, and

(ii) in or attached to the building or structure used for thatmanufacturing, producing, processing, storage or distribution;

(13) “front-end payment” means a payment made by an owner pursuant to a front-ending agreement, which may be in addition to a development charge that theowner is required to pay under this by-law, to cover the net capital costs of theservices designated in the agreement that are required to enable the land to bedeveloped;

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(14) “front-ending agreement” means an agreement made tinder Section 44 of the Act

between the municipality and any or all owners within a benefitting area

providing for front-end payments by an owner or owners or for the instaLlation of

services by an owner or owners or for the installation of services by an owner or

owners or any combination thereof;

(15) “grade” means the average level of finished ground adjoining a building or

structure at all exterior walls;

(16) “gross floor area” means the total area of all floors above grade ofa dwelling unit

measured between the outside surfaces of exterior walls or between the outside

surfaces of exterior walls and the centre line of party walls dividing the dwelling

unit from another dwelling unit or other portion of a building;

Tn the case of a commercial, industrial and/or institutional building or structure,

or in the case of a mixed-use building or structure in respect of the commercial,

industrial and/or institutional portion thereof, the total area of all building floors

above or below grade measured between the outside surfaces of the exterior walls,

or between the outside surfaces of exterior walls and the centre line ofparty walls

dividing a commercial, industrial and/or institutional use and a residential use,

except for:

(17) “owner” means the owner of land or a person who has made application for an

approval for the development of land upon which a development charge is

imposed;

(18) “Planning Act” means the Planning Act, 1990, as amended;

(19) “rate” means the interest rate established weekly by the Bank of Canada for

treasury bills having a term of 30 days;

(20) “regulation” means any regulation made pursuant to the Act;

(21) “residential use” means land or buildings or structure of any kind whatsoever

used, designed or intended to be used as living accommodations for one or more

individuals;

(22) “semi—detached dwelling”, “duplex” or “row housing” means a dwelling unit in

a residential building consisting of two (or more in the case of row housing)

dwelling units having one vertical wall or one horizontal wall, but no other parts,

attached to another dwelling unit where the residential units are not connected by

an interior corndor;

(23) “services” (or “service”) means those services designated in Schedule “A” to this

by-law or specified in an agreement made under Section 44 of the Act;

(24) “services in lieu” means those services specified in an agreement made under

Section 8 of this by-law;

(25) “service standards” means the prescribed level ofsewices on which the schedule

of charges in Schedule “B” are based;

(26) “servicing agreement” means an agreement between a landowner and the

municipality relative to the provision of municipal services to specified lands

within the municipality;

(27) “single detached dwelling unit” means a residential building consisting of one

dwelling unit and not attached to another structure.

SCHEDULE OF DEVELOPMENT CHARGES

¼

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2. (1) Subject to the provisions of this by-law, development charges against land shallbe calculated and collected in accordance with the base rates set out in Schedule“B”, which relate to the services set out in Schedule “A”.

(2) The development charge with respect to the use of any land, buildings orstructures shall be calculated as follows:

(a) in the case of residential development, or the residential portion of amixed-use development, based upon the number and type of dwellingunits;

(b) in the case of commercial and/or industrial, or the commercial and/orindustrial portion of a mixed-use development, based upon the gross floorarea of such development.

(3) Council hereby detenuine that the development of land, buildings or structures forresidential and conmercial and/or industrial uses will require the provision,enlargement, expansion or improvement of the services referenced in Schedules

and ‘‘C’’.

APPLICABLE LANDS

3. (1) Subject to Subsections (2), (3), (4) and (5), this by-law applies to all lands in theMUNICIPALITY OF BRIGHTON whether or not the land or use is exempt fromtaxation under Section 3 of the Assessment Act, R.S.O. 1980, c.31.

(2) This by-law shall not apply to land that is owned by and use for the purposes of:

(a) a board of education;

(b) any municipality or local board thereof;

(c) a place of worship and land used in connection therewith, and achurchyard, cemetery and burial ground exempt from taxation underSection 3 of the Assessment Act, R.S.O. 1980, c.31.

(3) This by-law shall not apply to that category of exempt development described inSubsection 2(3)(b) of the Development Charges Act, 1997, c.27 and Section 2 ofO.Reg. 82/98, namely:

NAME OF CLASS OF DESCRIPTION OF MAXIMUM NUMBER RESTRICTIONSRESIDENTIAL CLASS OF OFADDITIONAL

BUILDING RESIDENTIAL DWELLING UNITSBUILDINGS

Single detached dwellings Residential buildings, each Two The total gross floor area ofof which contains a single the additional dwelling unitdwelling unit, Ihat are not or units must be less than orattached to other buildings. equal to the gross floor area

of the dwelling unit alreadyin the building.

Semi-detached dwellings or Residential buildings, each One The gross floor area of therow dwellings of which contains a 5ingle additional dwelling unit niustdwelling unit, that have one be less than or equal to theor two vertical walls, but no gross floor area of theotherparis, attached to other dwelling unit already in thebuildings building.

Other residential buildings A residential building not in One the gross floor area of theanother class of residential addilional dwelling unit mustbuilding described in this be less than or equal to thetable. gross flour area of the

smallestdwelling unitalreadyin the building.

5

(4) (a) If a development includes the enlargement of the gross floor area of an

existing industrial building, the amount of the development charge that is

payable in respect of the enlargement is determined in accordance with

this section.

(b) If the gross floor area is enlarged by 50 percent or less, the amount of the

development charge in respect of the enlargement is zero.

(c) If the gross floor area is enlarged by more than 50 percent, the amount of

the development charge in respect of the enlargement is the amount ofthe

development charge that would othenvise be payable multiplied by the

fraction determined as follows:

(i) Determine the amount by which the enlargement exceeds 50

percent of the gross floor area before the enlargement.

(ii) Divide the amount determined under paragraph I by the amount

of the enlargement.

(5) That where a conflict exists between the provisions of the new by-law and any

other agreement between the Township and the owner, with respect to land to be

charged under this policy, the provisions of such agreement prevail to the extent

of the conflict.

(6) This by-law is not applicable to development for which a complete application for

building permit has been submitted prior to the in-force date of this by-law.

4. (1) Subject to Subsection (2), development charges shall apply to, and shall be

calculated and collected in accordance with, the provisions of this by-law on land

to be developed for residential and commercial, industrial and/or institutional use,

where:

(a) the development of that land vill increase the need for services, and

(b) the development requires:

(i) the passing of a zoning by-law or an amendment thereto under

Section 34 of the Planning Act, 1990;

(ii) the approval of a minor variance under Section 45 of the Planning

Act, 1990;

(iii) a conveyance of land to which a by-law passed under Subsection

500) of the Planning Act, 1990;

(iv) the approval of a plan of subdivision under Section 51 of the

Planning Act. 1990;

(v) a consent under Section 53 of the Planning Act, 1990;

(vi) the approval of a description under Section 51 of the

Condominium Act, R.S.O. 1980, c.84; or

(vii) the issuing of a permit under the Building Code Act, R.S.O. 1992

in relation to a building or structure.

(2) Subsection (1) shall not apply in respect of:

SChEDULE “A”

AREA SUBJECT TO DEVELOPMENT CHARGES

1. All land within the corporate limits of the Municipality of Brighton shall be subject

to (he Development Charges outlined on Schedules “B” and “C”.

2. Only development connected to the municipal sewer and water system shall be

subject to the municipal water, municipal sewer and sewage treatment plant portion

of the Development Charges outlined on Schedules “B” and “C”.

BY-LAW

CORPORATION OF THEMUNICIPALITY OF BRIGHTON

BY-LAW NO. 249 - 2004

BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERKTO ENTER INTO AN AGREEMENT FOR THE PROVISION OFPOLICE SERVICES UNDER SECTION 10, R.S.O. 1990, OF THE

POLICE SERVICES ACT

WHEREAS, Section 5 of the Municipal Act, 2001, as amended, specifies that aMunicipal Council shall exercise its powers by By-Law;

AND WI-IEREAS, Section 8 of the Municipal Act 2001, as amended, provides that aMunicipality has the capacity, rights, powers and privileges of a natural person for thepurpose of exercising its authority under the Municipal Act or any other Act;

AND WI-IEREAS, Section 11(2) of the Municipal Act, 2001, as amended, specifies theSpheres of Jurisdiction that the Municipality may pass By-Laws respecting matters inthose Spheres of Jurisdiction;

AND WFIEREAS, The Municipality of Brighton Council has indicated their desire toenter into an Agreement for the Provision of Police Services under Section 10 of thePolice Services Act, R.S.O. 1990, c. P.15 as amended, with the Ontario Provincial Police;

THEREFORE BE IT ENACTED

THAT The Council of the Municipality of Brighton authorizes the Mayor and Clerk tosign an Agreement for the Provision of Police Services Under Section 10 of the PoliceServices Act, R.S.O. 1990, c.P 15, as amended, with the Minister of Community Safetyand Correctional Services;

AND FURTI-IER, That the Agreement with the O.P.P. for policing services will beeffective from January 1, 2004 for a five year term;

AND FURTHER, That the Agreement document shall form part of this By-Law asSchedule “A”;

This By-Law will come into force and effect with the final reading and passing of the ByLaw.

Read a first, second time and third time, and finally passed this 71h Day ofSeptember, 2004

Mayor — Christine Herrington

C.A.O. Clerk - Donald J. O’Neill

corporation of the municipality of brighton box 189

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