Erlwyn Drive Residents Association
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Erlwyn Drive Residents Association

Meeting Minutes

Meeting Date: Sept. 20, 2003 Location: Sylvia & Glenn Perdues House

Members in Attendance:, Steve & Denise Howes, Mike & Nancy Morton, Bob & Lynda Michaelis, Ron & Leslie Marenger, , Murray & Barb Gammie, Glenn & Sylvia Perdue, John & Kathryn Campbell, Warren & Sandra Parker, John & Gail Campbell

Non-Attending Members: Ian & Sandi Deslauriers, Dave & Joan Berry, Maria Ribble & Eva Minich, Stu & Bonnie Henderson, Loreto & Olga Scarola

  • Treasurers Report
    •
  • Provided by Gail Campbell Balance as of Sept. 20, 2003 was $2,085.00
  • Our organizations bank account name changed to EDRA ( Erlwyn Drive Residents Association )
  • Road Fees for 2003: Please pay Gail Campbell $100.00 (Road fee motioned and passed at last meeting.)
  • Outstanding Road Fees
    •
  • Gail and Ron to delve into outstanding road fees for 739 Erlwyn Drive Owners Eva Minich & Maria Ribble. : Year 2001 - $100.00, 2002 - $100.00, 2002 - $650.00, 2003 - $100.00 : Total $950.00
  • Road Report: presented by Ron and Murray
  • Volunteers needed this fall to take away cut brush from side of road and to drop a few more rotten trees. Volunteers also required to refill the four roadside sand bins during the winter months.
  • Speeding Problems Residents and their visitors must adhere to the posted 20 km speed limit! There have been some near collisions on the blind corners because of individuals speeding.

Speeding and excessive braking also wrecks the road, which in turn costs more money and time to fix!
  • Ron will call Skyline to see if they will cut down the rotten poplar trees along Erlwyn Drive.
  • Enbridge Gas: Sylvia provided update
  • July 9 Our Lawyer, Bill Marks, sent letter to Enbridge
  • July 23 Invoice received from Lawyer
  • July 25 - Enbridge confirmed receipt of letter, said they would respond in a couple of weeks
  • August 22 Bill sent another letter to Enbridge asking why they had not responded
  • September 9 Bill contacted Enbridge and gave them a September 16, 2003 deadline to reply
  • September 20 - Attending members voted to have Bill phone Enbridge lawyer and give them a nudge.

- Statement of Claim (may cost $ 2,000.00 ) will not be issued at this time

  • Mike to update contact list and forward some EDRA info to Olga and Loreto Scarola
  • Erlwyn Drive Web Site: https://erlwyn.tripod.com/edra This seems to be an opportune method of storing and sharing EDRA information with its members. Please contact Mike Morton if you have any comments, suggestions or items to add to the site.
  • EDRA Bylaws and Constitution: The EDRA Board of Directors will be developing draft versions of the constitution and bylaws over the winter. Please send or deliver bylaw and constitution suggestions to Ron. Everyones input is required in order to obtain a good selection of bylaws. Members could visit the FOCA web site or the EDRA web site for some samples of bylaws and constitution verbiage to consider.
  • 66 Foot ROW Work Application Form: Anyone wishing to erect, place or modify anything on the 66 foot ROW must submit a completed form to the President of the EDRA for BOD/Membership approval.

Meeting Adjourned

Erlwyn Drive Residents Association

Meeting Minutes

Meeting Date: May 24, 2003 Location: Ron and Leslie Marengers House

Members in Attendance: Ian and Sandi Deslauriers, Steve & Denise Howes, Dave & Joan Berry, Mike & Nancy Morton, Bob & Lynda Michaelis, Ron & Leslie Marenger, Stu Henderson, Murray and Barb Gammie, Glenn & Sylvia Perdue, John Campbell, Warren & Sandra Parker, Gail Campbell

Non-Attending Members: Bonnie Henderson, Kathryn Campbell, Jim & Edie Hamilton, John E. Campbell

  • EDRA President Ron Marenger Opening Statements
    •
  • EDRA incorporated September 13, 2002.
  • EDRA purchased 66 ft. ROW known as Erlwyn Drive on February 14, 2003.
  • EDRA provided easement for Enbridge Gas on February 14, 2003.
  • The EDRA Corporation owns the ROW not the residents. Erlwyn Drive registered homeowners have voting privileges.
  • Time to move forward. Put previous issues behind us.
  • All suggestions, comments, concerns etc. must be submitted in writing to the EDRA president.
  • Treasurers Report: provided by Gail Campbell Balance as of May 23, 2003 was $1,835.98, outstanding Ribbles $850.00
  • Summer Fees: motion presented by Bob and 2nd by Warren that $100.00 fees be collected. Motion passed by majority.
  • Cable TV: update provided by John Campbell. Digital and high speed internet will be coming to area. Signal loss on Erlwyn Drive being investigated and fixed so we can obtain it. John to check into possible timing of availability.
  • Mosquito Larvae Eradication / West Nile Virus: Denise Howes provided informative handout. Members decided not to utilize granular larvicide in swamp. Suggested we look into fogging area. Ron to check with municipal office.
  • 66 Foot ROW Work Application Form: Form presented for approval by Ron and passed by a majority vote.
  • Anyone wishing to erect, place or modify anything on the 66 foot ROW must submit a completed form to the President of the EDRA for BOD/Membership approval.
  • Road Report: presented by Murray volunteers needed to take away cut brush from side of road, calcium will be placed on road within next two weeks, speed limit signs are being erected for liability and safety reasons
  • Stus motion to have winter residents yearly provide/pay for one load of gravel was not passed.
  • Rons motion to have Murray make road maintenance and road improvement decisions, and for Murray to use Work Application Form to get approval for work and funding, was passed by a majority vote.
  • EDRA Fees: A motion to eliminate separate summer/ winter rates was passed by a majority vote. All households will now pay the same yearly fee. Major reasons being: plowed road for everyones benefit, needed by insurance companies for fire truck access, and most people do visit cottages in winter.
  • Bell Tel: Debbie Jarvis contacted Bell to remind them that Erlwyn Drives phone lines need upgrading if funds become available. It was suggested that residents complain to Bell Telephone each time they encounter line noise or interference.
  • Enbridge Gas: Formal letter sent to Enbridge on March 24 to complain about not receiving service. Follow-up made May 6. Reply received May 7 stating that Enbridge was looking into situation.
  • Sylvias motion to have her lawyer send a motivating letter to Enbridge on behalf of EDRA was approved by majority vote.
  • Sylvia to approach her lawyer, determine cost and report back to BOD for review and approval before proceeding.
  • ROW Liability Insurance: Has been approved by FOCA and their insurance provider. Approval delayed each year because large culvert exceeds 36"
  • Erlwyn Drive Web Site: https://erlwyn.tripod.com/edra This seems to be an opportune method of storing and sharing EDRA information with its members. Please contact Mike if you have any comments, suggestions or items to add to the site.
  • Erlwyn Drive/Ennis Corner Lot: Owner knows he doesnt have access to Erlwyn Drive. Hes supposed to be fixing ditch.
  • EDRA Bylaws and Constitution: Please send or deliver bylaw and constitution suggestions to Ron. Everyones input is required in order to obtain a good selection of bylaws. Members could visit the FOCA web site or the EDRA web site for some samples of bylaws and constitution verbiage to consider.
  • Ron motioned that current BOD members terms be extended to 2 years was passed by majority. Term length should also be included in new bylaws for vote.

Next Meeting: Probably in August. Will be EDRA Annual General Meeting. New bylaws and EDRA constitution will be reviewed and voted on. BOD will announce date in near future.

Erlwyn Drive Residents Association Update

February 24, 2003

On February 14, 2003 the Erlwyn Drive Residents Association (EDRA) purchased the 66 foot right-of-way known as Erlwyn Drive.

Finally, after about 50 years, the residents of Erlwyn Drive can now say that their street organization owns and controls the road allowance. However, it is unfortunate that we couldnt have obtained control/ownership sooner so that we personally could have had the power to give Enbridge Gas the permission to install a gas line in 2001, and Bell Telephone Fiber Optics the permission to go ahead and install their underground phone lines in 2002.

EDRA will approach Enbridge Gas and Bell Telephone to determine if they are still receptive to installing their respective lines along Erlwyn Drive. Since we now have ownership of the road, we can provide the necessary legal easement documentation required by those companies.

You, as members of the EDRA, now have complete control of the right-of-way (ROW). Members of the EDRA will be able to use their voting capabilities to determine the operation and future of Erlwyn Drive. The purchase has ensured that any existing structures, driveways, parking areas, fences or other objects on the ROW, as well as the temporary parking of vehicles/boats on the ROW, can remain unchanged. However; in the future if anyone wishes to erect, place or modify anything on the 66 foot ROW they must submit a written request to the EDRA which will then be brought forward for a membership vote.

For the main residential portion of Erlwyn Drive, the 66 foot ROW basically extends from the hydro poles on the west side of the road, to the hydro poles on the east side of the road.

We ask members to ensure that they have paid their portion towards the purchase of the ROW property, the associated legal fees, and the incorporation of the EDRA. Please forward your cheque to our treasurer, in the amount of $ 650.00, payable to "Erlwyn Drive Residents Association" if you have not already done so.

Treasurer: Gail Campbell, 673 Mystic Crescent, RR # 1, Peterborough, Ontario, K9J 6X2 Phone 705-292-7273

Thank you

The EDRA Board of Directors

Ron Marenger, President, 292-9020

Sylvia Perdue, Vice President, 292-5862, 905-890-4778

Gail Campbell, Treasurer, 292-7273

Murray Gammie, Roads Superintendent, 292-5572

Mike Morton, Secretary, 292-6035

Erlwyn Drive Association Update - September 21, 2002 - Provided by Mike Morton

Meeting Minutes: Meeting Date: August 31, 2002 Location: Glenn and Sylvia Perdue's Cottage

Members in Attendance: Steve & Denise Howes, Dave Berry, Mike & Nancy Morton, Bob & Lynda Michaelis, Ron Marenger, Stu & Bonnie Henderson, Glenn & Sylvia Perdue, John & Kathryn Campbell, Warren & Sandra Parker, Jim & Edie Hamilton, Gail Campbell

Non-Attending Members were provided with copies of the paperwork discussed at the meeting. ( Ian and Sandra Deslauriers, Murray and Barb Gammie, Joan Berry, Leslie Marenger, John E. Campbell )

  • A written update was distributed to all in attendance and each item was reviewed.
  • A copy of the legal bill from Linda Whetung was provided to everyone - $ 3,683.07
  • Everyone agreed that the directors could change the Associations lawyer if they wished.
  • Sylvia offered the use of her lawyer ( Bill Marks ) if required. Everyone voted okay.
  • Everyone voted in favour of letting Bill Marks incorporate the Association as soon as possible. (3 to 5 working days-$1,500)
  • All in attendance voted to proceed with the purchase of Erlwyn Drive and to pay             $ 650.00 per property owner as soon as possible. Cheques should be made out to Erlwyn Drive Association and delivered or mailed to:

Gail Campbell, 673 Mystic Crescent, Ennismore, Ontario, KOL 1T0 Phone 705-292-7273

  • A $ 2,600.00 Offer to Purchase will be sent out immediately after the association is incorporated
  • Everyone in attendance voted in favour of paying the owner of the road up to $ 5,200.00 and $500.00 for her legal fees if required ( $ 1,000.00 per acre ).
  • To process the incorporation papers at least 3 directors are required for the incorporated association.
  • Gail Campbell offered to remain on as Treasurer, Stu opted to retire so others could take a turn.
  • The new directors voted into office for the future incorporated Erlwyn Drive Association were:
  • Gail Campbell, Sylvia Perdue, Ron Marenger and Mike Morton

Update Information as of September 21, 2002

  • Sept 3 to 6 Glenn and Sylvia Perdue discuss Association Incorporation with Bill Marks and created Offer of Purchase ( temporarily in Ron Maringers Corporation name until our Association is Incorporated )
  • Sept 7 Glenn and Sylvia reviewed Offer of Purchase with new Directors of Association and obtained signatures.
  • Sept 9 Offer of Purchase sent via courier to Dorrell (offer of $ 2,600 - response required by Sat evening Sept 14)
  • Sept 10 Offer of Purchase was received by Dorrell
  • Sept 11 - Incorporation papers received via courier from Sylvia Perdue/Bill Marks: Required 3 directors signatures.
  • Sept 12 Incorporation papers signed and returned via courier to Sylvia Perdue/Bill Marks.
  • Sept 15 Contacted Dorrell. She had done nothing with the Offer. Said she had other things on her mind (she was trying to find a job to replace one she was loosing on Friday Sept 20). She said she would go to see her Lawyer the next day. She asked me to go to Peterborough Land Registry Office to verify if wording in Offer would be suitable for closing Lawyers and acceptable to the Land Registrar. Dorrell made no complaint about the offered $ 2,600 amount but she would like us to contribute towards her legal fees. I suggested she obtain an estimate from her lawyer and then I would discuss it with the Association.
  • Sept 16
  • Asked Ron to phone Real Estate lawyer he knows (Doug Walker) to see if Adverse Possession (Squatters Rights) is an option for us. Doug stated that a transfer of deed is our only option; this confirmed what Linda Whetung stated.
  • Spent 2 ½ hours at Land Registry Office. Discussed with Land Registrar wording required for describing and identifying location of land; - he was very helpful and patient! Rewrote wording 3 times and came up with version that met the Registrars requirements.
  • Land Registrar felt we would need to provide a Reference Plan (Survey) of the property we wished to purchase. After much discussion I was able to convince him that all the info required was located in the original deed and the attached survey. He produced an "Application For Exemption From Reference Plan" form. I was requested to complete the form and to visit a local Survey office to obtain an estimated surveying cost if it had been required.
  • Visited Beninger Surveying and obtained a survey estimate ($ 1,600 if Linda Whetung could share her search info).
  • I returned to the Land Registry Office, met with the Land Registrar again, and he granted/signed the exemption.
  • Called Dorrell to update her on the days activities. She requested a copy of the new wording and the exemption. I asked if she had any luck seeing the lawyer. She had not.
  • Sept 17 - Sent copy of the new wording and the exemption to Dorrell.
  • Sept 19
  • Asked Stu to contact Linda Whetung to determine if she would include final closing of purchase in her $ 3,683.07 fee (discussed and approved prior by directors). Linda offered to reduce bill by $900.00 and she will review closing situation and provide an estimate at that time.
  • Dorrell phoned and asked if I would go to Land Registry office and inquire if original deed fell under new Land Title process or under old Registry process. Did it have an 8 digit PIN number? DORRELL ALSO SAID THAT SHE HAD SET UP AN APPOINTMENT WITH HER LAWYER FOR MONDAY SEPTEMBER 23.
  • Sept 20 Visited Land Registry Office and was advised that the Deed was still under the old Registry system. No PIN #.
  • Sept 21 Contacted Dorrell and notified her of my finding.
  • Sylvia Perdue said that incorporation papers okayed by Govt but want us to have corp name "Erlwyn Drive Residents Association"

Erlwyn Drive Association Meeting Date: August 31, 2002 Location: Glenn and Sylvia Perdues'

At some point in time we must address this road issue. A few years ago it would have cost dramatically less, in the future it will evidently cost a lot more.

Liability Insurance

  • Mike contacted Richard Barnard at LMS Prolink Insurance Brokers (FOCA uses LMS to provide liabilty insurance strictly for road associations that do not own the private road they use and maintain ), he advised Mike that he can provide us with similar insurance, at the same cost even if we do own the road ( $350.00 a year range ).

MPAC

  • The Government agency MPAC ( Municipal Property Assessment Corporation) told Mike they changed their mind regarding providing mapping to certify who owns Erlwyn Drive and who have right of way to it.
  • Just a reminder, request the reduction in your property assessment as specified in the last meeting minutes.

Enbridge Gas

  • Enbridge have stated that Mike is their contact for Erlwyn Drive, and that all inquires should be channeled through him. They dont want everyone contacting them. They also advised Mike that they will pay our solicitor up to $500.00 in Easement legal costs. They said usual costs are $ 200.00 to $300.00
  • Mike received E-mail reply from Enbridge Gas on August 26. They are still receptive to providing a gas line along Erlwyn Drive. Easement documentation can be done within 2 weeks, construction can occur anytime prior to winter frost, and processing a gas application for service takes about three weeks.

Update from Dorrell (daughter of road owner)

  • August 13: Mike called Dorrell, she had been advise that day by a Peterborough land appaiser (John Mulvhill) that the road value, based on agricultural land values, should be $ 1,000 an acre. Mike advised Dorrell that half the road went through a cedar swamp and was susceptible to flooding in the spring. ( 66 ft. ROW is about 5.2 acres, we do not know if she is aware of this). Glenn Perdues previous conversation with John suggested $ 800 to $1,200 an acre. Mike said that we were receptive but we had a few things we had to sort out first. Dorrell advised Mike that she contacted Linda that morning and advised her that she was ready to accept an offer. Linda never contacted us.
  • August 24: Mike called Dorrell, asked if she would please contact him in the future instead of calling Linda due to the large legal costs we were incurring. Mike told her we had a few things to sort out then we would send an offer.

Update from Linda Whetung's Office

  • As specified in a letter dated May 9 to Dorrell; Linda states that Dorrells fathers estate owns the complete length of Erlwyn Drive from Ennis Road down to the end of our last properties.
  • July 26: Mike became our new liazon with Whetung. He found out that she still could not provide her fees to date. He advised her that it would be difficult to proceed until we receive the costs to date, and become aware how we stand financially. She said they would be available in another week or two. She also stated that the closing costs would probably be $1,500 ($750 + disbursements). Mike said the costs should be lower since our to date costs would include some of required work.
  • Aug. 12: Mike called Whetung. Still no costs to date. Due to liability concerns, she no longer wishes to put the property in trust until we become incorporated. She said incorporation would take 6-8 weeks. Mike asked if we could purchase via an existing incorporated company and transfer later; Linda said yes that it was an option.
  • August 20: Whetung finally provided details of her legal fees. Costs were more than anticipated ( $ 3,683.00 ).

Offer To Purchase

  • An Offer To Purchase was drawn up for us by Glenn and Sylvia Perdue on Thursday Aug 29; however, after some deliberation it was decided yesterday that it may be in our best interest to hold off for another week or so. Sylvia had a discussion with her company lawyer Bill Marks and came up with some information that requires us to reassess the situation before we proceed further. We could make an offer today through an existing corporation (Ron volunteered one of his), but we would then have to make another transfer later into the incorporated association. This could cost an extra $500.00 .

Incorporation

Our incorporated association will need at least 3 people on the board of directors in order to complete the incorporation papers. We will need those names today. A standard set of bylaws will be adopted and accompany the paperwork. We encourage everyone to assist in the future expansion and development of the bylaws for our incorporated association.

Actual and Estimated Costs

Land Acquisition (original offer will be for $ 2,600)

4,000.00

Closing Costs (possibly could be lower if we provide search paperwork)

1,000.00

Incorporation Costs (Bill can process in one week)

1,500.00

Linda Whetung Fees (meeting to discuss possible reduction in fees)

3,683.00

Total

10,183.00

Less Special Funds Available

2,700.00

Net Amount

7,483.00

Divided by 14 Property Owners

534.50

Erlwyn Drive Association Update - August 2, 2002 - Provided by Mike Morton

Erlwyn Drive Meeting - Minutes

Meeting Date: July 8, 2002 Location: Stu and Bonnie Henderson's House

Members in Attendance: Gail & John Campbell, Sandra Parker, John Campbell, Murray Gammie, Stu & Bonnie Henderson, Ron & Leslie Marenger, Bob & Lynda Michaelis, Mike Morton, Dave & Joan Berry, Denise Howes, Ian and Sandra Deslauriers

  • The late Errol Wilson owned the Right Of Way property that passes in front of our properties, he passed away last year. His daughter Dorrell is the executor of the estate.
  • Stu and our lawyer Linda Whetung, have been communicating with Dorrell to determine if our association can acquire ownership of the Right of Way.
  • Dorrell is going to obtain an appraisal to determine the value of the Right Of Way.
  • Linda Whetung is confirming who definitely owns Erlwyn Drive right out to Ennis Road and what other people have deeded access to the Right Of Way.
  • It was determined that we need to Incorporate the Association to protect the members and to acquire the Right Of Way Deed. Included in the incorporation paperwork will be a set of bylaws that must be developed by the association.
  • If we obtain ownership of the road property, the lawyer can keep it in trust, provide an easement for Enbridge Gas, and later transfer it to our Association when we become Incorporated.
  • Steve Howes to make sign for road per Linda Whetungs directions (sign will alleviate most liability).
  • Mike Morton will contact FOCA (Federation of Ontario Cottagers Assoc.) to determine if we can obtain liabilty insurance even if we dont own the road. All voted in favour of obtaining insurance.
  • All in attendance voted in the name "Erlwyn Drive Association", and voted to use the "Special Fund" monies to assist with land acquisition costs.
  • Ron will arrange to obtain an appraisal for the road after we receive the appraisal from Dorrell.
  • Stu confirmed that Enbridge Gas is still receptive to providing a gas line along Erlwyn Drive.
  • Determined that we should ask Linda Whetung to provide costs to date and anticipated future costs.
  • Next Meeting will be held the weekend after we receive the appraisal.

Update Information as of August 2, 2002

  • On July 15, Nancy and I visited the Government agency MPAC ( Municipal Property Assessment Corporation) in Peterborough to make some inquiries concerning Erlwyn Drive.
  • I was able to obtain a letter from MPAC stating that "Erlwyn Drive does not have a roll number assigned to it and is not receiving a property assessment and does not incur any property taxes. Erlwyn Drive is strictly a sixty-six foot right of way and as such is not recognized as having any property value".
  • MPAC also stated that since our road is not maintained by the township most of us are probably entitled to a property assessment decrease, and as such a property tax reduction. My assessment was adjusted and the reduction will become effective next year.
    • To inquire about a reduction send a letter to: MPAC, 1477 Lansdowne St. West, Peterborough, K9J 7M3, - to the attention of William Jon White. Request a Property Evaluation (section 39-1), provide your Assessment Roll # and your Erlwyn Drive Address. Advise MPAC that you live on a private road that is not maintained by the township. State that it is maintained by yourself and the other members of the Erlwyn Drive Association. Sign and date the letter.
  • On July 26, I contacted Enbridge Gas to verfy that Enbridge Gas does not pay for easements. Enbridge sent me a letter by E-mail in confirmation. It stated " Enbridge Gas Distribution Inc. does not pay to provide gas services to its customers. Under normal circumstances, Enbridge has a franchise agreement to lay, construct, operate and maintain gas mains within road allowances from the Municipality for no charge. Instances where Easements are granted for private lanes, typically, the compensation is $2.00"
  • On July 26, I contacted Linda Whetung for an update:
  • While Linda was on vacation Dorrell left a message saying she was receptive to receiving a bid from us for the road. Linda unsuccessfully phoned Dorrell a couple of times and left messages, even asking Dorrell to call her at home on the weekend of July 27 if that would be convenient. Dorrell did not respond. The attached letter was sent by Linda to Dorrell on Monday July 29. We are awaiting a reply. (As of Tuesday July 30, still no phone reply.)
  • Linda agreed to provide a detail of her fees to date and to list any anticipated future fees.
  • Association will be required to pay in advance for future expenses relating to deed transfer and incorporation costs.
  • Linda stated that Skyline has deeded right of way to the road in front of our properties.
  • Steve Howes generously made and erected the new sign at the end of Erlwyn Drive. It is worded as Linda Whetung suggested. Steve also made and donated the four metal sand boxes. Thanks Steve !
  • I went to the Registry Office and pulled the Conservation Area deed; it stated that the Township has deeded right of way along Erlwyn Drive from Ennis Road to the Deslauriers property line.
  • I have contacted Enbridge to determine if they are receptive to assisting us in paying some of our legal costs.
  • FOCA liability insurance is not for association owned roads. I have delayed sending in our coverage request pending Dorrells bid request, and our possible purchase of the road in the near future. Insurance will be acquired at that date.