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10 20 2004 Council Agenda TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, OCTOBER 20,2004 TIME: 7:00 P.M. ......................................................................................................... 1. OPENING OF MEETING BY THE MAYOR 2. PRA YER/CONTEMPLA TION/REFLECTION 3. NOTICE OF ADDITIONS 4. ADOPTION OF AGENDA 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Council Meeting of October 6,2004. 7. RECOGNITION OF ACHIEVEMENTS: a) John Hare, 2004 Senior of the Year Award. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: a) 7:10p.m. Rick Jones, The Jones Consulting Group Ltd., re: Baywinds / UCCI. 10. CONSENT AGENDA CORRESPONDENCE: None. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: a) Jennifer Zieleniewski, CAO, Hearing of Necessity, Rowanwood Expropriation, Part 1 51 R-32814, Township of Oro-Medonte. b) Report No. EES 2004-44, Keith Mathieson, Director of Engineering and Environmental Services re: Eugenie Mary McCauley (McCauley Ford) - Site Plan Agreement - 163 Forestview Road - Part Lot 19, Registrar's Compiled Plan 1720, Designated as Part 1,51 R-8761, Being all of PIN # 58566-0055 (R) [Refer to Item 16b )]. c) Report No. EES 2004-45, Keith Mathieson, Director of Engineering and Environmental Services re: Karen White - Site Plan Agreement - 15 Pemberton Lane - Part Lot 1, Range 1, Being Parts 1 and 2, 51 R-19045, Being all of PIN # 58554-0100 (Lt) [Refer to Item 16f)]. d) Report No. PO 2004-50, Andria Leigh, Senior Planner, re: Removal of Holding Provision - 15 Pemberton Lane, Range 1, East Part of Lot 1, RP 51 R-19045, Parts 1 & 2 (Oro), Township of Oro-Medonte (White) [Refer to Item 16g)]. e) Report No. PD 2004-51, Andria Leigh, Senior Planner, re: Removal of Holding Provision - 31 Bards Beach Road, Concession 1, Plan 546, East Part of Lot 6 (Orillia), Township of Oro-Medonte (Tupling) [Refer to Item 16h)]. f) Report No. PO 2004-52, Andria Leigh, Senior Planner, re: Zoning By-law Amendment for APT Operational Management Concession 2, Part of Lots 1 and 2, RP 51 R-28938, Parts 2 and 5 (Oro), Township of Oro-Medonte [Refer to Item 16i)]. g) Report No. ADM 2004-47, Jennifer Zieleniewski, CAO, re: Committee of the Whole meetings. h) Jennifer Zieleniewski, CAO, Report on Legal Fees. 13. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole Meeting, October 13,2004. b) Minutes of the Committee of Adjustment Meeting, October 14, 2004. 14. COMMUNICATIONS: a) Karen McLeod, Event Co-ordinator, Spooky Seneca, correspondence dated October 12,2004 re: Spooky Seneca Event, October 31,2004. b) Larry and Brenda Goodchild, correspondence dated October 13, 2004 re: Development of the West Ridge Subdivision, Orillia. 15. IN-CAMERA: a) Councillor Buttineau, re: Legal Matter (Plan 709). b) Jennifer Zieleniewski, re: Legal Matter. 16. BY-LAWS: a) By-law 2004-110 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte, and Lawrence William Tupling described as lands as follows: 31 Bards Beach Road - Part Lot 6, Plan 546 (formerly South Orillia), Township of Oro-Medonte, Being all of PIN # 58531-0344 (Lt) Roll # 4346-030-010-03200-0000. b) By-Law 2004-111 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte, and Eugenie Mary McCauley (McCauley Ford) described as lands as follows: 163 Forestview Road - Part Lot 19, Registrar's Compiled Plan 1720, Designated as Part 1, 51 R-8761, Being all of PIN # 58566-0055 (R) Roll # 4346-030- 012-26123-0000. c) By-Law 2004-119 A By-law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro-Medonte. d) By-Law 2004-113 Being a By-Law to Amend By-law No. 2004-028 To Authorize a Decrease in the Speed Limit on Certain Roads Within the Township of Oro-Medonte. e) By-Law 2004-114 A By-law to Appoint Lottery Licensing Officers and to Repeal By-law No. 94-17. f) By-Law 2004-115 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and Karen White described as lands as follows: 15 Pemberton Lane - Part Lot 1, Range 1, Being Parts 1 and 2, 51 R-19045 Being all of PI N # 58554-0100 (Lt) Roll # 4346-010- 007 -08600-0000. g) By-Law 2004-116 Being a By-law to remove the Holding symbol applying to lands at 15 Pemberton Lane, Range 1, East Part of Lot 1, RP 51 R- 19045, Parts 1 & 2 (Oro), Township of Oro-Medonte, (Roll #4346-010-007 -08600-0000) (White). h) By-Law 2004-117 Being a By-law to remove the Holding symbol applying to lands at 31 Bards Beach Road, Concession 1, Plan 546, East Part of Lot 6 (Orillia), Township of Oro-Medonte, (Roll #4346-030-010- 03200-0000) (Tupling). i) By-Law 2004-118 Being a By-law to rezone Part of Lots 1 and 2 Concession 2, being RP 51 R-28938, Parts 2 and 5, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe (APT Operational Management - Roll # 43-46-010-007-07000-0000). j) By-Law 2004-120 A By-law to permanently close and sell (transfer) part of the original road allowance known as Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro), Township of Oro-Medonte more particularly described as Parts 12 and 13, Plan 51 R-33065, Township of Oro-Medonte, County of Simcoe. k) By-Law 2004-121 Being a By-law to Expropriate Lands Required for a Public Highway, for a Right-of-Way for Public Passage, and for Communal Water Mains and Utilities (Rowanwood). 17. CONFIRMATION BY-LAW NO. 2004-109 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT .....'1 ....,...~ ......:...... .:....... ~..... ...... JONES CONSULTING GROUP LTD. October 20, 2004 , t " Fax: (705) 487-0133 PLANNERS. ENGINEERS, SURVEYORS Mayor Neil Craig & Members of Township Council PO Box 100 148 Line 7 South, Oro Station Oro, ON LOL 2XO Dear Mayor Craig, Re: UCCI Consolidated Inc. Adult Lifestyle Community Our File: DAV- 98160 - 10 As all of you are aware, our client has appealed the Ministry of Municipal Affairs and Housing's decision to refuse Amendment #2 of the County of Simcoe Official Plan involving the above noted matter. The reasons cited in the Ministry's letter, signed by J.S. Burke, Deputy Minister, relate vaguely to sections of the Planning Act and the Provincial Policy Statement in connection with the environment, growth and development, infrastructure and seNices. As a consequence, UCCI Consolidated Inc. has appealed this decision to the Ontario Municipal Board along with the Township's Amendment, OPA #18 and the application for rezoning approval regarding the subject lands. The latter two matters were appealed in order to ensure their consolidation with OPA #2 of the County of Simcoe at the future OMB Hearing. Your past support is appreciated involving the Township's adoption of OPA #18 but that support was in the end, of course, based on the thoroughness of the submission in relationship to those items alluded to in the Ministry's letter. Not only was the study process, which underpinned both amendments, Township, and County, comprehensive, but the outcomes with respect to these studies was positive, for the site, the neighborhood and the municipality. On this basis, we believe that the majority of Township residents are very supportive of OPA #18. As acknowledged in the past, the UCCI Adult Lifestyle Community was designed and intended to appeal to Township and Simcoe County purchasers. As a consequence, the proposed Adult Lifestyle Community was widely viewed as appropriate and affordable by potential, future residents. The refusal by the Ministry is not substantiated and we believe that their decision was based on faulty intelligence and misinterpretations. Their preliminary assessment, made several years ago, provides an indication in this regard. Their previous letter was less than factual, and misleading in its representation of this development. As a further point, the Ministry's refusal disregarded the recommendations of local decision makers and dismissed the local planning process which has been exhaustive and inclusive of all points of view. In my opinion, the Ministry's decision is contrary to the philosophy of the current Planning Act and the Provincial Policy Statement, which encourages local responsibility and accountability in relationship to planning matters. Suite 100.300 Lakeshore Drive. Barrie. Ontario L4N OB4 705-734-2538. 705-734-1056 fox. www.jonesconsulting.com Let to N Craig Oct 20. 04.doc J J ..' The Corporate Service Committee of the County of Simcoe agreed to reaffirm their support of Amendment #2, and this decision is expected to be ratified by County Council this Tuesday. We subsequently request Council of the Township of Oro-Medonte to reaffirm their support of OPA #18, and further, we would also ask that a Township representative request the Minister of Municipal Affairs and Housing to reconsider their decision to refuse County OPA #2 at an appropriate time and place in the near future. cc Mr. Bryan Davidson, UCCI Consolidated Inc. Mr. Michael Melling, Davies Howe Partners Ene! Suite 100 . 300 Lakeshore Drive. Barrie, Ontario L4N OB4 705-734-2538. 705-734-1056 fax . www.jonesconsuiting.com Let to N Croig Oct 20. 04.doc 2 ,OCT 04 2004 15:29 FR AIRD & BERLIS LLP 2 416 863 1515 TO 314185456~170548 P.02/15 lAw Offices of DAVID R. VINE, Q. C. Tel: (416) 863-9341 Fax: (416) 863-9342 80 RICHMOND STREET WEST Suite 1604 TORONTO. ONTARIO, M5H 2A4 October 2, 2004 John Mascarin c/o Aird Berlis LLP Suite 1800, Box 754 181 Bay Street Toronto, Ontario Dear Sir: Re: Hearing of Necessity, Corporation e.f the Township of Oro- Medonte Herewith please find Report, held in the above proceedings on September 21, 2004. David R. Vine IN THE MATTER OF THE EXPROPRIATIONS ACT A1~D IN THE MATTER OF a Hearing of Necessity. by the Corporation of the Township of Oro-Medonre Part of the East Half of the West Half of Lot 2, Concession 7, (Geographic Township of Oro) Part of Pt. 7, 51-R-13204 more particularly described as Part 1 R-32814 Township of Oro-Medome, County of Simcoe. INQUIRY HEARING COUNCIL OF CHAMBERS, MUNICIP AL OFFICES OF THE TOWNSHIP OF ORO- MEDONTE 148 Line 7 South, Ora, Ontario, LOL 2XO RECO~NDATIONS 1. It is recorrunended that the Expropriating Author jty complete expropriation of Pt. 1, . Plan 51-R32814, since the taking of such land is fair, souad and reasonably necessary in the achievement of the objectives of the Expropriating Authority. TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COUNCIL Prepared By: EES2004-44 Keith Mathieson Subject: Department: Council Eugenie Mary McCauley Engineering and (McCauley Ford) - Site Plan Environmental Services C.ofW. Agreement - 163 Forestview Date: Road - Part Lot 19, Registrar's October 8, 2004 Motion # Compiled Plan 1720, Designated A.M. File #: as Part 1, 51 R-8761, Being all of D11-13996 Date: PIN #58566-0055 (R) Roll #: 030-012-26123 BACKGROUND: The owner, Mr. Steve McCauley, is proposing to construct a 50' x 80' storage shed at his existing business located at 163 Forestview Road. ANAL YSIS: Mr. McCauley's Site Plan application was reviewed by the Site Plan Committee on October 8, 2004. Neither the Committee nor Township staff had any concerns with Mr. McCauley's proposal. RECOMMENDATION S : 1. THAT Report No. EES2004-44 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Eugenie Mary McCauley (McCauley Ford) to construct a 50' x 80' storage shed at 163 Forestview Road. 3. THAT the Clerk prepares a By-law for Council's consideration. 4. AND T AT Mr. McCauley be notified of Council's decision. ! } Resp tfuuY, submitted, :~ Keith Mathieson Director of Engineering and Environmental Services TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COUNCIL Prepared By: EES2004-45 Keith Mathieson Subject: Department: Council Karen White - Site Plan Engineering and Agreement - 15 Pemberton Lane Environmental Services C.ofW. - Part Lot 1, Range 1, Being Date: Parts 1 and 2, 51R-19045, Being October 8, 2004 Motion # all of PIN #58554-0100 (Lt) A.M. File #: D11-14015 Date: Roll #: 010-007-08600 Ms. White is proposing to construct a 24' x 28' garage at 15 Pemberton Lane. As Pemberton Lane is a private road, the owner must enter into a Site Plan Agreement, prior to removal of the Holding Symbol and issuance of a Building Permit. LYSIS: Ms. White's Site Plan application was presented to the Site Plan Committee on October 8, 2004. Neither the Committee nor Township staff had any concerns with Ms. White's proposal. RECOMMENDATION S: 1. THAT Report No. EES2004-45 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Karen White to construct a 24' x 28' garage at 15 Pemberton Lane. 3. AND ~T Ms. White be notified of Council's decision. Respm submitted, Keith :~~ Director of Engineering and Environmental Services f k - . TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2(\04-50 Council Andria Leigh, MCIP,RPP Subject: Department: Council Removal of Holding Planning Provision - 15 Pemberton C.ofW. Lane, Range 1, East Part Date: of Lot 1, RP 51R-19045, October 8, 2004 Motion # Parts 1 & 2 (Ora) (White) A.M. File #: Date: Roll #: 010-007 -08600 UND: An application has been submitted by Mrs. White to construct a detached garage on the property that currently contains a cottage accessed off Pemberton Lane. As Pemberton Lane is a private road, the lands are zoned with a Holding provision to ensure that a Site Plan Agreement is entered into between the Township and the lot owner. The intent of the Site Plan Agreement is to ensure that any buildings to be constructed are located appropriately and to ensure that the lot owner is aware that the property is only accessed by a private road. The landowner has executed the Site Plan Agreement and a report from Keith Mathieson, Director of Engineering and Environmental Services regarding the adoption of a by-law for the Site Plan Agreement is also being considered by Council at this meeting. On the basis that the Site Plan Agreement satisfies the condition of the Holding Provision, it is recommended that Council give favorable consideration to the adoption of the by-law to remove the Holding Provision from 15 Pemberton Lane (White). ( . MMENDATION S : It is recommended to Council that Report No. PD 2004-50 be received and adopted. Respectfully submitted, Andria Leigh, MCIP, Senior Planner C.A.O. Comments: Date: C.A.O. Dept. Head - 2 - r . . j ~ . t TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2004-51 Council Andria Leigh, MCIP,RPP Subject: Department: Council Removal of Holding Planning Provision - 31 Bards C. of W. Beach Road, Concession Date: 1, Plan 546, East Part of October 8, 2004 Motion # Lot 6 (Orillia) (Tupling) R.M. File #: Date: Roll #: 030-010-03200 II BACKGROUND: I~ An application has been submitted by Mr. Tupling to construct an unenclosed porch with a roof overhang at the lakeside of the existing dwelling accessed off Bards Beach Road. As Bards Beach Road is a private road, the lands are zoned with a Holding provision to ensure that a Site Plan Agreement is entered into between the Township and the lot owner. The intent of the Site Plan Agreement is to ensure that any buildings to be constructed are located appropriately and to ensure that the lot owner is aware that the property is only accessed by a private road. The landowner has executed the Site Plan Agreement and a report from Keith Mathieson, Director of Engineering and Environmental Services regarding the adoption of a by-law for the Site Plan Agreement was approved at the Committee of the Whole meeting on October 13, 2004. On the basis that the Site Plan Agreement satisfies the condition of the Holding Provision, it is recommended that Council give favorable consideration to the adoption of the by-law to remove the Holding Provision from 31 Bards Beach Road (Tupling). -r II RECOMMENDA TION(S): II It is recommended to Council that Report No. PD 2004-51 be received and adopted. Respectfully submitted, -<~ Andria Leigh, Md1P,RPP Senior Planner C.A.O. Comments: Date: C.A.O. Dept. Head - 2 - iF TOWNSHIP OF ORO-MEDONTE REPORT Dept. Rt'port No. To: Prepared By: PD 2004-52 Council Andria Leigh, Senior Planner Subject: Department: Council Zoning By-law Amendment for Planning C.ofW. APT Operational Management Concession 2, Part of Lots 1 and 2, RP 51 R-28938, Parts 2 and 5 (Oro) Date: Motion # ,... . 1':t ?nnl'l A.M. File No. Date: D14 013639 ACKGROUND: The purpose of this report is to consider the proposed Zoning By-law Amendment application submitted by APT Operational Management. The intent of this application was to rezone two parcels of land one that was severed as a new residential lot and one that was a lot addition to the residential lot to the west and that were approved by the Committee of Adjustment in April 2004. The application applies to lands legally described as Concession 2, Part of Lots 1 and 2, more specifically described as RP 51 R-28938, Parts 2 and 5, in the Township of Oro-Medonte (formerly Oro). The proposed Zoning By-law Amendment would site specifically rezone the lands subject to the consent for the new lot to ensure that future consent applications are not to be considered. The zoning by-law amendment would also implement minimum lot frontage and lot area requirements that identify the exact frontage and area of the new severed lot and would also establish larger setbacks to the site lot lines and setback to Lake Simcoe for the new lot that was created. Finally the zoning by-law amendment would allow for limited accessory buildings in the area of the property zoned Agricultural/Rural located adjacent to the Ridge Road West. The proposed Zoning By-law Amendment would also rezone the lands subject to the lot addition to ensure that they are located in the same zone classification that currently applies to the lands to which they were added. AL YSIS: In April 2004, the Committee of Adjustment granted a consent application for a new lot of approximately 3.14 hectares (7.75 acres) in total land area which was intended to be utilized for residential purposes. The Committee of Adjustment included a condition in their decision that required the severed lot to be rezoned to a residential zone to ensure no additional severances were to be contemplated and to provide for larger setbacks given the larger lot area being proposed. This decision by the Committee was appealed by the County of Simcoe as they did not believe the application conformed to the County Entrance By-law. At the County Council meeting on September 28, 2004 a motion to proceed forward with the appeal was defeated and County staff are currently submitting a request to the OMB to withdraw the appeal. On this basis, the decision of the Committee of Adjustment is final and binding and it is now appropriate to consider satisfying the conditions with the adoption of the zoning by-law amendment. The applicant submitted the application for rezoning for both the new severed lot and the lot addition and a public meeting as required by the Planning Act was held on September 20, 2004. No concerns were received at the public meeting that were required to be addressed prior to the consideration of the Zoning By-law Amendment. The proposed Zoning By-law Amendment would conform with the intent and policies of the Oro-Medonte Official Plan and the County of Simcoe Official Plan. On this basis, it is recommended that a Zoning By- law Amendment for APT Operational Management, that would rezone the lands described as Part of Lots 1 and 2, Concession 2, being RP 51 R-28938, Parts 2 and 5(Oro), on Schedule A1 of Zoning By-law 97-95, as amended, be given favorable consideration by Council. ION (S): It is recommended to Council that Report PD 2004-52 be received and adopted. Respectfully submitted, Andria Leigh, M Senior Planner C.A.O. Comments: Date: C.A.O. De t. Head 2 "" ',1 TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Council Prepared By: J. Zieleniewski ADM2004-047 Chief Administrative Officer Subject: Department: Administration Council Committee of the Whole Meetings C.ofW. Date: October 20, 2004 Motion # R.M. File No. Date: ROUND: Staff was requested to review the scheduling of Committee of the Whole meetings, currently held during the day, to night meetings. Report ADM2004-00l was presented to Committee on January 14,2004 (Attachment #A). Council's decision at that time was that Committee of the Whole meetings remain scheduled during the day. On October 13,2004, Committee was asked to reconsider this decision and staff was directed to bring forward a further report with any additional information. All surrounding municipalities within the County were canvassed in January to determine their schedule of meetings. The results of those that have responded were attached for Committee's consideration. (Attachment #1 to Report ADM2004-001). The compilation of this data together with the data verbally presented in January by the former Deputy Mayor indicates that Oro-Medonte is one of the last municipalities in Simcoe County to schedule Committee of the Whole meetings during the business day. ANAL YSIS: The main incentive to reschedule Committee of the Whole meetings to the evening is the potential for greater public participation. Persons requesting a deputation or persons who wish to be present during the deliberation of a certain topic would generally prefer to attend an evening meeting. It is recommended that Department Head participation in the Committee of the Whole meetings, should Council decide that they be held in the evening, would be on an as-needed basis. The appropriate Department Head would attend to address their report or an item pertaining to their department. It is therefore recommended that the schedule of meetings be as follows (Attachment B): . 1st Wednesday of the Month Council . 2nd Wednesday ofthe Month Committee of the Whole . 3rd Wednesday of the Month no meeting · 4th Wednesday of the Month Council (to ratifY C ofW held on 2nd Wednesday) followed by Committee of the Whole This schedule would allow further public participation at Committee of the Whole. It is also consistent with the timing and number of meetings held by surrounding municipalities within the County. The proposed schedule, as with the current practice, would give members of Committee a week to further consider recommendations before ratification of these recommendations at Council. The general length of recent Committee of the Whole meetings is approximately 3 to 4 hours. Should Council decide that Committee meetings be held in the evening, it is suggested that Committee of the Whole meetings be rescheduled to begin at 6:00 p.m. RECOMMENDATION (S): 1. THAT Report No. ADM2004-047 be received and adopted. 2. THAT Committee ofthe Whole meetings be held on the second and forth Wednesday of the month. 3. THAT Committee ofthe Whole meetings be held in the evening beginning at 6;00 p.m. 4. THA T Regular Council Meetings be held on the first and fourth Wednesday of the month. 5. THA T the regular Council Meeting held on the fourth Wednesday of the month, immediately preceding the Committee of the Whole meeting, be held for the sole purpose of ratifYing the recommendations of the Committee of the Whole meeting held on the second Wednesday of the month. 6. THA T the Procedural By-law be amended to reflect the amended schedule of meetings. Respectfully submitted, f\ (\ ; \" \ 1Lc1,,~,-- I IferZieleMewski I ef Administrative pffic r 2 ~ ... Dept. Report No. To: Committee of the Whole Prepared By: J. Zieleniewski ADM2004-o01 Chief Administrative Officer Subject: Department: Administration Council Committee of the Whole Meetings C. of W. <--- ,~ , \<-\ .... \ '5 Date: January 14, 2004 Motion # T~", tl\- \ 0'1 R.M. File No. Date: . TOWNSHIP OF ORO-MEDONTE REPORT BACKGROUND: Staff has been requested to review.the scheduling of Committee of the Whole meetings, currently held during the day, to determine the merit of rescheduling them to night meetings. All surrounding municipalities within the County were canvassed twice to determine their schedule of meetings. The results of those that have responded are attached for Committee's consideration (ATTACHMENT #1). The compilation of this data, together with the data verbally presented by the former Deputy Mayor, indicates that Oro-Medonte is one of the last municipalities in Simcoe County that schedules their Committee ofthe Whole meetings during the business day. The accepted exemption to schedule day meetings is for matters such as budget meetings. Staff has also taken the opportunity to analyze the scope of the material currently being presented to Committee as agenda items and the time allocated for deliberation by Committee. The analysis included a review of the content to determine the relevance ofthe material currently comprising the agenda. It is recommended that the Consent Agenda be restructured to include items for receipt for information such as minutes from outside committees/agencies that have Council representation and correspondence. At their meeting of November 5,2003, Council altered the compositionofthe Planning Advisory Committee to ~ . ., .'" include all members of Council. It was suggested at that time that this Committee meet on the second Monday of each month, and the third Monday of the month for public meetings only. The consideration for all planning matters by the Planning Advisory Committee will reduce the Committee of the Whole agendas. The Planning Advisory Committee report and recommendations would be presented to Council for ratification. When required the Township planning consultant will attend planning meetings. The Township Senior Planner, the Clerk's Assistant and the CAO will attend all Planning meetings. The incentive to reschedule Committee of the Whole meetings to the evening is the potential for greater public participation. Persons requesting a deputation or persons who wish to be present during the deliberation of a certain topic would generally prefer to attend an evening meeting. The rescheduling of certain day meetings to night meetings also allows the opportunity for persons with day time commitments to consider public office. It should be noted that limited day time meetings would still occur. Present practices of the department heads attending the Committee of the Whole meetings, will continue pending circumstances. It is therefore recommended that the Committee of the Whole meetings be held on the second and fourth Wednesday of the month beginning at 7:00 p.m. followed by a Council meeting to ratify the proceedings of the Committee of the Whole. It is further recommended that a regular Council meeting be held on the first Wednesday ofthe month at 7:00 pm. to allow for such items as recognition and consent agendas ie. minutes froinoutside agencies ATTACHMENT #2. RECOMMENDA TION(S): 1. THAT Report No. ADM2004-001 be received and adopted. 2. THAT the Consent Agenda item on each Council agenda be restructured to include all items for receipt for infonnation only. 3. THAT Planning Advisory Committee meetings be held on the 2nd Monday of each month at 7:00 p.m. and that public meetings with respect to Planning matters be heard on the 3rd Monday of each month. 4. THAT future Committee of the Whole meetings be held in the evening beginning at 7:00 p.m. 5. THAT Committee of the Whole meetings be held on the second and fourth Wednesdays of the month. 6. THAT a Council Meeting be held immediately following the Committee ofthe Whole meetings for the purpose of ratifying the recommendations therein. 7. AND THAT a regular Council meeting be held on the first Wednesday of the month at 7:00 pm. 8. AND THAT the procedural by-law be amended to reflect the new schedule as at February 4th, 2004. 2 .. A TFA c HftlJI1! +1-/ Municipality Type of Meeting . Time Frequency of Meetin2 of Meetin2s Collingwood Council 5:00 p.m. 1 st and 3ra Monday Collingwood Committee of the Whole 5:00 p.m. 4th Monday Followed by Council Collingwood . Planning 5:00 p.m. 2mfMonday Followed by Council Innisfil Council 7:30 p.m. 1 st, 3rt1and 4t11 Followed by Committee of the Whole Wednesday Midland . Council 7:30 p.m. . 4th Monday Midland General Committee 7:00 p.m. 200 Monday . Clearview Council 7:00 p.m. 2na and 4tn Monday Clearview . Committee 7:00 p.m. }st and 3m Mondav Essa Committee of the Whole 6:00 p.m. } st. Tuesday Followed by Council , Springwater Council . 6:00 p.m. }st and 3M Monday (recommended new (General Committee to be discontinued) "- structure) Springwater Planning 6:00 p.m. 4t11 Monday . '" '.. .... !I-r-r 4 Cl--frYI GtJf 1* 6Z 1 2 3 4 5 Council 6 7 8 9 10 11 12 Committee of the Whole Followed by Regular Council 13 15 16 14 Planning Advisory Committee 20 21 Planning Public Meetings 22 23 Committee of the Whole Followed by Regular Council 27 28 29 17 18 19 24 25 26 30 31 <=0 Attachment B Sun Man Tue Wed Thu Fri Sat 1 2 3 4 5 6 Council 7 8 9 10 11 12 13 Committee of the Whole 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Regular Council followed by Committee of the Whole 28 29 30 DORA TION OF MEETINGS DATE COUNCIL HOURS # OF COMM. OF W HOURS # OF ADJOURNED PEOPLE ADJOURNED PEOPLE OCT. 23/02 1 :OO.PM 4 14 DEC.ll/02 4:15.PM 71/4 3 DEe. 18.02 9:22.PM 2/14 JAN. 8/03 1 :20.PM. 41/2 1 JAN. 22/03 1 :03.PM 4 9 FEB. 05/03 1O:59.PM. 4 35 (pLAN 709) FEB. 12/03 2:02.PM. 5 26 FEB. 19/03 8:20.PM 11/2 64 FEB. 26/03 2:40.PM 53/4 3 MAR. 5/03 8:1O.PM. 11/4 5 OCT. 08/03 12:33.PM 31/2 19 OCT. 15/03 11:42.PM 43/4 21 OCT. 22/03 1 :05.PM. 4 5 DEC. 17/03 10:30.PM. 31/2 10 JAN. 14/04 3:07.PM. 6 17 JAN. 21/04 10:10.PM. 31/4 0 JAN. 28/04 3:20.PM. 61/4 6 FEB. 04/04 8:21.PM. 11/2 FEB. 11/04 4:20.PM. 71/2 9 FEB. 18/04 9.55.PM. 3 2 FEB. 25/04 1 :OO.PM. TO 6:35.PM 51/2 7 MAY. 05/04 10: 15.PM. 31/4 35 MAY 12/04 12:57.PM 4 2 SEP.01/04 1O:25.PM. 31/2 8 SEP.08/04 11 :42.PM. 23/4 3 SEP. 15/04 9:00.PM. 2 5 SEP. 22/04 2:15.PM. 51/4 4 OCT. 06/04 7:45.PM. 3/4 OCT. 13/04 1:15.PM. 41/4 13 # Analysis of Current Legal Account 1-66-664-221-654 as at October 14, 2004 Date Vendor Description General EDC Appeal Plan 709 Hillway A36103 - Sell Pallets North Rotstein Thatcher -.-- 28-Jan-04 Klaus N. Jacobv Columbus Boys Club 503.67 06-Feb-04 Town of Midland Sept-Dee 553.95 11-Mar-04 Adjust gst rebate -435.48 ---- 17-Mar-04 Aird & Berlis Legal fees to Jan. 31 9,015.65 ---" 17-Mar-04 Aird & Berlis Legal fees to Jan. 31 7,149.89 -::-= 17-Mar-04 Aird & Berlis Legal fees to Jan. 31 4,5r~~65 -- 31-Mar-04 Aird & Berlis Legal fees to Jan. 31 1,627.85 31-Mar-04 Aird & Berlis _~ fees to Jan. 31 , -- -_. 1 ,406.52 31-Mar-04 Aird & Berlis - fees to Jan. 31 376.63 21-Apr-04 Aird & Berlis Gold Mtn to Dee 11 130.00 21-Apr-04 Aird & Berlis Legal fees to Feb.27 2,309.57 - --- 21-Apr-04 Aird & Berlis Legal fees to Feb.27 212.92 .----- 21-Apr-04 Aird & Berlis Legal fees to Feb.27 172.00 ~-_.,-,._- -- -------=:- -"" - lir-04 Aird & Berlis Records Retention 2,851.08 pr -04 Aird & Berlis Eve Piantoni - Feb 13 293.49 pr-04 Aird & Berlis Legal fees to Feb. 10 452.11 u.____.,__ 26-Apr-04 Adj. Leigh Rd. Closure -188.00 --- 4 Aird & Berlis Legal fe-es to Feb. 27 2,820.26 I 27-Apr-04 Aird & Berlis Legal fees to Feb. 29 37,463.95 -- 12-May-04 Russell, Christie Dr. Francis-Bass Lake 10,383.77 17 -May-04 Aird & Berlis Twp share only 2,683.05 19-~ay-04 Aird & Berlis Legal fees to Mar. 29 2,025.65 19-Mav-04 Aird & Berlis Legal fees to Mar. 31 315.00 19-Mav-04 Aird & Berlis . Legal fees to Mar. 31 7,318.25 19-May-04 Aird & Berlis Christian Horizons 228.00 . _19-Mav-04 Aird & Berlis -- Legal fees to Mar. 30 1,993.67 26-May-04 Aird & Berlis Legal fees to Mar. 31 59,567.96 26-May-04 Aird & Berlis Horseshoe - Condo 1,249.02 16-Jun-04 Aird & Berlis 2008628 Ont Ltd. 30.40 16-Jun-04 Aird & Berlis Legal fees to Apr. 21 351.77 16-Jun-04 Aird & Berlis Legal fees to Apr. 26 2,685.71 16-Jun-04 Aird & Berlis Legal fees to Apr. 30 16,201.03 23-Jun-04 Aird & Berlis Legal fees to Apr. 30 9,344.30 29-Jun-04 Aird & Berlis Legal fees to May 31 18,262.28 29-Jun-04 Aird & Berlis Kaminsky Sev appeal 256.51 All fees quoted are net of gst rebate Page 1 of 2 Prepared by Bonnie McPhee October 14, 2004 Analysis of Current Legal Account 1-66-664-221-654 as at October 14, 2004 Date Vendor Description General EDC Appeal Plan 709 Hlllway A36103 . Bell Pallets North Rotsteln Thatcher --- .--."-- 29-Jun-04 Aird & Bertis Legal fees to May 31 83.00 -----~-.--- 29-Jun-Q4 Aird & Berlis Eve Piantoni - May 25 163.22 -----.-. .. --- --.-- Aird & Bel1iS- '-.-- 29-Jun-04 Pklnd - Oct 02 57.00 ---.. --..._-" 29-Jun-04 Aird & Berlis Legal fees to May 03 350.08 .--.-.--- 29-Jun-Q4 Aird & Beriis Legal fees to Mav 27 _._-- - 182.27 -~ --- ----- 08-Jul-04 Aird&BerIis Legal fees to Mav 31 1,301.25 - - .n_____ 14-Jul-Q4 Aird & Beiiis Rd Allow-Us 45 & 46 23.50 --- 18-Aug-04 Russell, Christie Legal Confirm-auditors 90.00 ._~.__. -....- - --- ----- 19-Aug-04 Bourne, Jenkins Ferrier-registration ._---------. 66.08 08-Sep-04 611.28 --.----.- ---- Town of Midland Township share -econ<:>mist _H '-'-.-. -.-- 15-Sep-04 Aird & Berlis Legal fees to Jun. 29 1,861.81 , -- --- 15-Sep-04 Aird & Berlis Legal fees to Jun. 30 7,775.05 ---- -- ._--_._-----,. 15-Sep-04 Aird & Bertis Legal fees to Jun. ~________ 598.19 ........- 22-Sep-04 Aird-&Bertis - Legal fees to May 30 4,371.27 ------....-- - ------- 22-Sep-04 Town of Midland Township share -econornJ!>!__ 87.32 ----- ---" ?9-Sep-04 ~!Tier, F~ed re-registration of ~eed _ ____ _ _____ 249.08 - _e_____ ---'-' 29-Sep-04 Minister of Fin Hillbilly Hollow 146.73 ---., --.-.'.------- 06-0ct-04 Aird & Berlis -- Legal fees to Jul. 30 --.. 970.69 06-0ct-Q4 Aird & Berifs- Graham Contravention -.......,,--" 777.34 06-0ct-04 --..--..--... 2,577.13 Aird & Berlis Legal fees to Jul. 30 ."----.--'" ._-~- .-...-,,-- 171.00 06-0ct-04 Aird & Berlis Legal fees to Jul. 3~________ --------._- ------- --.--.,-..-- -._--- _._-,-._- -----"--"_.. .--.---..-------- - _.._---~ Total per breakdown 32,695.98 3,935.60 52,167.64 108,060.18 4,792.57 2,598.56 18,953.39 3,501.45 -- -.-..- -- ------- GROSS TOTAL PER GENERAL LEDGER ---- --'--.-- 226,705.37 "----.-....---..- ------ ----- ._--~ ------- - --- All fees quoted are net of gst rebate Page 2 of 2 Prepared by Bonnie McPhee October 14, 2004 . #1 1 Motion No. CW-22 . I Moved by Hughes. Seconded by Fountain I .1 i It is recommended that formal notification be sent to Aird ,& Berlis LLP specify.iog I Council's expectation of compliance with their September 7,2004 written quote of I $25,000.00 as their total costs for defending the Drohibycky Appeal. '" Carried. '''. Page 9 Committee of the Whole Meeting - October 13. 2004 ....... Page 1 of/t. 2 ~, Jennifer Zieleniewski From: Sent: To: Cc: Harry Hughes [hhughes@bconnex.net} Friday. September 24. 2004 3:56 PM Jennifer Zieleniewski " Neil Craig; Harry Hughes; Ruth Fountain; John Crawford; Paul Marshall; Ralph Hough; Dan Buttineau Subject: Aird & Berlis legal Expenses 709 4 September 24,2004 Hello Jennifer: Thank you for your Email of September 20th. I am surprised to learn that no legal opinion was obtained regarding the removal of encroachments in Plan 709. I am concerned about the information provided to Council by Aird & Berlis regarding the costs of the Drohibycky appeal. Council voted to continue the appeal based on a quote of the total costs, if successful, to be approximately $20.000.00. When asked to reaffirm the quote and taking almost two months for consideration before responding on September 7th the quote was increased by $5000.00 to a total $25.000.00. However. an accounting of expenses supplied by Township staff on September 15th (only 8 days later) reveals that the Township has already been billed ~3785814 includingGST for the Drohibycky appeaL It is also noted that a -John Swanw is being paid ~ ~ - ,including GST) PER HOUR to assist with the appeal. At this point Airds & Berlis billings are approximately 77% higher than the original quote without the additional costs of further preparation and the case being heard in court. At this rate it appears that the actual costs will be similar to the cost of the original court case. ',~- Clearly, Airds & Berlis need to be held accountable. Deputy Mayor Hughes 1017/2004 .... ._~.~-."---~ . #3 AIRD & BERlIS LLP ORO-MEDONTE TOWNSHIP It MOTIDN# -:=::: =- Eileen Costello Randy Hooke FROM: Christopher J. Williams c~~~l~~wn~L SEP 1 52UO~ t / . ~ MEETING: COUNCIL 1}:J ~ ~ . C.OFW. CJ \ ,t__ .'~ ~ MEMORANDUM TO: Cc: Jennifer Zieleniewskl DATE: September 7, 2004 RE: Questions Arising from. Council Meeting of Tuesday, July 13, 2004 012291 2. Following We would estimate that as regards the appeal. the Township's costs should be about $25,000.00 ... 1B/2fV2884 Hi: 13 ... -, 4168631515 AIRD BERLIS LLP PAGE 82 # 4 p~,U 04s (0 n ~ AIRD &IJER.LIS u.p &rrI6lm: .N! S<>lIclloro I'ot."t.ltlil Tto~ Mark Aicnu Christopher J. Williams Direct: .&16.865.7745 E-mail: GWilliams@.alrdberlis.com Our File No. 81688 October 20, 2004 BY FACSIMILE PRIVATE AND CONFIDENTIAL Mayor and Members of Council Township of Oro-Medonte P.O. Box 100 Oro, ON LOl 2XO Attention: Jennifer Zleleniewskl Dear Sirs/Madames: Re: Plan 709 Legal Bills We have been provided with a resolution of the Committee of the Whole dated October 13, 2004 regarding fees with respect to the Drohibycky/Plan 709 appeal to the Court of Appeal. We have also been provided with an e-mail from Deputy Mayor Hughes to the CAO dated September 24, 2004 and the package of bills which Mr. Hughes refers in his aforereferenced a-mail. Based upon our understanding of the issue raised by Deputy Mayor Hughes and our review of our files in this matter, it appears that there is a misunderstanding of our advice regarding the cost to complete the appeal, and some of the additional work which we have done on this file at the request of the Township, which was not directly related to the appeal. Backqround Following receipt of Mr. Justice O'Connell's Decision on Drohibycky et ai's application released on December 31,2003, we wereinstructed by the Township to commence an appeal of said decision to the Ontario Court of Appeal. This flowed from a meeting with Council on January 7, 2004. Also in accordance with the instructions of Council, we initiated and participated in extensive settlement discussions and meetings with all parties. In addition, it was necessary to seek clarification of Mr. Justice O'Connell's decision through a re-attendance and argument in the Judge's Chambers. At this time, the form of the order (which was also disputed) was settled by the Judge. While pursuing settlement and clarification of the Judge's decision, we also. as required by various limitation periods, proceeded with the preparation of the appeal documents. BCE Pluce. Suite 1800, Box 754,181 Bay Street. Toronlo, Ontario. Canada M5J 2T9 T: 416.863.1500 F: 416.863.1515 www.alntberll..~om Affiliated With Owen, Bird i Vancouver #7 Legal Expenses Plan 709 June to September 2004 Date Payee Description Costs f>JLLJiJ ~ 23~Jun-04 Aird & Berlis 29-Jun~04 Aird & Berlis 15~Ser-04 Aird & Berlis Plan 709 {Drohibycky} Plan 709 (Drohibycky) Plan 709 (Drohibycky) $9,344.30 ~ 1re.tf-o $18,262.28 19,54..o.lof $7,775.05 <6/Mr. ~o $35,381.63 .3~ g5<t.3+ Total expenses from June to September 2004 - --... "--.-_...,---_.._~,-_._...._.,._---------..~_......- ._..~m______._______ -'-_'__"_'~~"__'__''''_'''_'_''_''_'~,___,''..._.m'___'..''~.~__~_m~..,,~.,..,_,__, ---, .. - . -- .. ._-........- ~ 18/2a)2e04 18:13 It" -\ . 4168631515 AIRD BERLIS LLP PAGE 02 # 8 p~,U 0JlJLs. ((9 n ~ AIRD & BERLlS UP Barr\6tm .nd S<>Ucl!oro r.te"l....iI Tr.d<! Mark ^6C1\U Christopher J. Williams Direct: 416.865.7745 E-mail: GllVilliams@alrdberlis.com Our File No. 81688 October 20, 2004 BY FACSIMILE PRIVATE AND CONFIDENTIAL Mayor and Members of Council Township of Oro-Medonte P.O. Box 100 Ora, ON LOL 2X0 Attention: Jennifer Zleleniawskl Dear Sirs/Madames: Re: Plan 709 Legal Bills We have been provided with a resolution of the Committee of the Whole dated October 13, 2004 regarding fees with respect to the Drohibycky/Plan 709 appeal to the Court of Appeal. We have also been provided with an e-mail from Deputy Mayor Hughes to the CAO dated September 24, 2004 and the package of bills which Mr. Hughes refers in his aforereferenced a-mail. Based upon our understanding of the issue raised by Deputy Mayor Hughes and our review of our files in this matter, it appears that there is a misunderstanding of our advice regarding the cost to complete the appeal, and some of the additional work which we have done on this file at the request of the Township, which was not directly related to the appeal. Backqround Following receipt of Mr. Justice O'ConnelFs Decision on Drohibycky et ai's application released on December 31,2003, we wereinstructed by the Township to commence an appeal of said decision to the Ontario Court of Appeal. This flowed from a meeting with Council on January 7, 2004. Also in accordance with the instructions of Council, we initiated and participated in extensive settlement discussions and meetings with all parties. In addition, it was necessary to seek clarification of Mr. Justice O'Connell's decision through a re-attendance and argument in the Judge's Chambers. At this time, the form of the order (which was also disputed) was settled by the Judge. While pursuing settlement and clarification of the Judge's decision, we also. as required by various limitation periods, proceeded with the preparation of the appeal documents. ace Place. Suite 1800, Box 754, 181 Bay Stroot, Toronto, Ontario. Caoada MSJ 2T9 T; <416.883.1500 F: <416.883.1515 www.alrdberll..~om Affiliate<! IlVith Owen, Btrd i Vancouver #9 Motion No. CW-28 Moved by Hughes, Seconded by Buttineau It is recommended that Confidential Report No. ADM 2004-003, Jennifer Zieleniewski, CAO, re: Plan 709 Update be received and adopted. Carried. Page 11 Committee of the Whole Meeting - January 14. 2004 ~ lB/2aJ,2BB4 18:13 ... ., 4168631515 AIRD BERLIS LLP PAGE 82 # 1 0 p~,U 0~ (0 n ~ AIRD & BERUS UP B4ni6101't' .1Id ~lIcl!o" p.te,,! "",d TudE Mark A8tmU Christopher J. Williams Di~t: 416.865.7745 E-mail: cwtlliams@alrdber1is.com Our File No. 61668 October 20, 2004 BY FACSIMILE PRIVATE AND CONFIDENTIAL Mayor and Members of Council Township of Oro-Medonte P.O. Box 100 Oro. ON LOL 2X0 Attention: Jennifer Zleleniewskl Dear Sirs/Madames: Re: Plan 709 Legal Bills We have been provided with a resolution of the Committee of the Whole dated October 13. 2004 regarding fees with respect to the Drohibycky/Plan 709 appeal to the Court of Appeal. We have also been provided with an e-mail from Deputy Mayor Hughes to the CAO dated September 24, 2004 and the package of bills which Mr. Hughes refers in his afore referenced e-mail. Based upon our understanding of the issue raised by Deputy Mayor Hughes and our review of our files in this matter, it appears that there is a misunderstanding of our advice regarding the cost to complete the appeal, and some of the additional work which we have done on this file at the request of the Township, which was not directly related to the appeal. BackQround Following receipt of Mr. Justice O'Connell's Decision on Drohibycky et ai's application released on December 31,2003, we were instructed by the Township to commence an appeal of said decision to the Ontario Court of Appeal. This flowed from a meeting with Council on January 7, 2004. Also in accordance with the instructions of Council. we initiated and participated in extensive settlement discussions and meetings with all parties. In addition, it was necessary to seek clarification of Mr. Justice O'Connell's decision through a re-attendance and argument in the Judge's Chambers. At this time, the form of the order (which was also disputed) was settled by the Judge. While pursuing settlement and clarification of the Judge's decision, we also. as required by various limitation periods, proceeded with the preparation of the appeal documents. BCE Place. Suite 1800, Box 754, 181 Bay Slrt'JeI, Tor01lto, Ontario. Canada M5J 2T9 T: 416.863.1500 F: 416.863.1515 www.alrdberll..~om Affiliated wtth Owen, Bird i Vancouver 10/28/2084 1e:13 .... .. ~. 4156631515 AJ.I'<J) !:St:.I'<L...L~ L..L..I'" r ....... ON # 11 October 20, 2004 Page 2 We reported back to Council at various times on the results of the settlement discussions and clarification of the decision and settlement of the order. In response to a request by the CAO, we provided a letter dated May 11, 2004 (referred to in my report to Council of September 7, 2004) in which we stated that the cost to .complete the appeal", as of May 11, 2004, would be approximately $20,000.00. At that time, considerable work had been completed on preparation of the appeal and matters involving the settlement of the order. clarification of the decision, and settlement discussions as described above had also been completed. My intention in the May 11, 2004 correspondence was to indicate the cost in my estimation of what was still required to finalize the appeal of Justice O'Connell's decision to the Court of Appeal. This amount was never intended to cover work on any collateral issues or work already undertaken but not yet billed. If, for example, Council had determined at that point it wished to abandon the appeal, then we would have billed the Township for work done up to that point for the work on the appeal and other matters completed in accordance with the instructions of the Township. Following the May 11, 2004 letter, a number of collateral issues were raised; including the status of the agreements of purchase and sale, and whether the appeal would in of itself obligate the Township to complete the transaction. We also attended at Township Council to answer a number of questions regarding the entirety of the Plan 709 matter, including other options to attain the Township's objectives. Responding to these issues involved not only my own time, but also that of Randy Hooke, an expert in Real Property Lawwith the firm. These were not matters nor issues that I anticipated dealing with in completing the appeal. In respect of the appeal specifiCally, Drohibycky raised a new issue in their materials regarding use of easements which has to be researched and responded to. The decision of Mr. JustIce O'Connell dealt with an issue not anticipated or argued during the hearing in front of him, specifically that d contract Cdn exist separate and apart from a restrictive covenant regarding limitations on the use of land. Therefore, unlike many appeals. considerable new research had to be undertaken. The Bills I understand that Deputy Mayor Hughes has added the totals of 3 bills being those of May, June, and July which arrived at a total figure of $37,858.34. Having reviewed the afore referenced bills in regard to the above, we advise as follows. The May 28, 2004 billing in the amount of $9.998.40 represents services rendered for the month of April which should not be considered in my quote. A portion of the June 14, 2004 billing, $5,878.50. is for services rendered for the month of May prior to my May 11 quote for completion of the appeal. This was work which had been completed at the time I wrote my letter of May 11, 2004 and was not work or time that I was considering when I indiCdted that it would cost approximately $20.000.00 to "complete the appeal". Therefore, the balance of the June 14, 2004 billing for services rendered in May with .~ A.rRD & BULls IV. a.m_",..M :.,iJa.,. ~ ~.tfMt ............ MAY 1352004 16:36 FR AIRD AND BERLlS LLP 4416 863 1515 TD 774581688t.11?0S48 f'.e2/24 #12 8 IS~ - \ AIRD& BERLIS LU' 1>1_ and SoII<'1GJt PsIent;wl Tmk M..u.lq;m!.o ChrIstophel J. Williams Direct: .0\16.865.7145 E-maU: cwlIUams@airdberlls.com Our FileNo. 81688 May 5, 2004 BY FACSIMILE PRIVATE AND CONFIDENTIAL ORO-MEDONTE TOWNSHIP I"K MOTION '# Mayor and Members of Council Township of Oro-Medonte P.O. Box 100 Oro, ON LOL 2X0 MAY o. 5 200~ Attention: Jennifer Zielenlewski ~ ~ MEETING: COUNCIL. t____ c. OF w. D. Dear Sirs/Madames: Re: Township of Oro-Mf:donte at al ats. Drohibycky et af #13 Motion No. 18 Moved by Marshall. Seconded by Crawford Be it resolved that the confidential correspondence from the Township Solicitor dated May 5, 2004 be received and that legal Counsel provide Council any settlement proposals that are endorsed by both the front and back lot owners and that legal Counsel provide a settlement based upon the original proposal as discussed in the correspondence, and until such time as the matter is satisfactorily settled by aU parties that legal Counsel perfect the appeal by May 31,2004 and continue to complete the appeal. Carried. Page 7 Council Meeting Minutes- May 5. 2004 MRY 11 2004 14:59 FR AIRD AND BERLIS LLP 4416 863 1515 TO 7?4581588t:1170S4B P.\:j~I'\:U #14 ~ AIRD & BERLIS UP 8om"""",.n<! Snliciu>n P.!tII1 o.,d TrodQ Molt.. ~t$ ChristophtrJ. Williams Direct 416.a6S.7745 E-mail: cwilli<Jms@alrdbenis.com May 11, 2004 Our File No. 81688 VIA F AC$IMILE PRIVATE AND CONFIDENTiAl Ms. Jennifer Zieleniewski CAO Township of Oro-Medonte P.O. Box 100 Oro, ON LOl 2>:0 Dear Jennifer: Re: Township of Oro-Medonte et aJ ats. Drohibycky et aJ Court File No. 03-CV-248367CM3 We have estimated to complete the appeal (includipg arguing at the Court of Appeal) would cost the Township approximately $20,000.00. Yours very truly, AIRD & B~LlS LLP ,,' //l.L;- Chr~ Williams CJWlly ::ODMAIPCOOCSIDOC$\ f 687594\ 1 Bce Place, 5u"e 1800. I30x 754.161 Bay S1feet, Toronto, On~rlo. Ccnada MSJ 2T9 T: 416.863.1500 F: 416.863.1515 www.alrdberlis.com Mfilialed with Owen. Bird I Vancouver **' TOTAL PAGE. 02 ** , ~y 11 2004 14:57 FR AIRD AHD BERLlS LLP 4416 863 1515 TO 774SS1f>8!:m170541:! ....~/w #15 ~ ~\\ \~ .~\J""i ,~ (~W,,~ ""J:z.. ~\~-\N\'~ \J\<,<. ;.,:)<;.c.., ~<- ~ w-..CJ\; ~ \\Je>..)- \ AIRD & BERLlS LLP '.me..,,, II1Id Soncltor. P.....r...... trade MIl';' ^,...u ChristopMf J. Wil1lam5 Direct 4'6.885.7745 E-mail: cwllllams@airdberlis.tom May 11. 2004 Our File No. 81688 VIA FACSIMILE PRIVATE AND CONFIDENTiAl Ms. Jennifer Zieleniewski CAO Township of Oro-Medonte P.O. Box 100 Oro, ON LOL 2X0 Dear Jennifer. of Oro-Medonte et at ats. DrohibyCky et al - - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING MINUTES # 15b Tuesday, July 13, 2004 TIME: 6:07 p.m. 2003-2006 COUNCIL Present: Mayor J. Neil Craig Deputy Mayor Harry Hughes Councillor Dan Buttineau Councillor Ralph Hough Councillor Paul Marshall Councillor John Crawford Councillor Ruth Fountain Staff Present: Jennifer Zieleniewski, CAO; Marilyn Pennycook, Clerk; Chris Williams, John Mascarin, Aird & Berlis LLP; Nick McDonald, Meridian Planning Consultants Inc.; Janette Teeter, Clerk's Assistant 13/2e/2804 10:13 .... ,. . 111 41E>SS31515 A.l.rw t\t.r<L.l.;. \..\..1"'" r MVi- W.. #16 October 20, 2004 Page 2 We reported back to Council at various times on the results of the settlement discussions and clarification of the decision and settlement of the order. In response to a request by the CAO, we provided a letter dated May 11, 2004 (referred to in my report to Council of September 7, 2004) in which we stated that the cost to 'complete the appeal", as of May 11, 2004, would be approximately $20,000.00. At that time, considerable work had been completed on preparation of the appeal and matters involving the settlement of the order, clarification of the decision, and settlement discussions as described above had also been completed. My intention in the May 11, 2004 correspondence was to indicate the cost in my estimation of what was still required to finalize the appeal of Justice O'Connell's decision to the Court of Appeal. This amount was never intended to cover work on any collateral issues or work already undertaken but not yet billed. If, for example, Council had determined at that point it wished to abandon the appeal, then we would have billed the Township for work done up to that point for the work on the appeal and other matters completed in accordance with the instructions ofthe Township. Following the May 11, 2004 letter, a number of collateral issues were raised; including the status of the agreements of purchase and sale, and whether the appeal would in of itself obligate the Township to complete the transaction. We also attended at Township Council to answer a number of questions regarding the entirety of the Plan 709 matter, including other options to attain the Township's objectives. Responding to these issues involved not only my own time, but also that of Randy Hooke, an expert in Real Property Law with the firm. These were not matters nor issues that I anticipated dealing with in completing the appeal. In respect of the appeal specifically, Drohibycky raised a new issue in their materials regarding use of easements which has to be researched and responded to. The decision of Mr. Justice O'Connell dealt with an issue not anticipated or argued during the hearing in front of him, specifically that a contract can exist separate and apart from a restrictive covenant regarding limitations on the use. of land. Therefore, unlike many appeals, considerable new research had to be undertaken. The Bills I understand that Deputy Mayor Hughes has added the totals of 3 bills being those of May, June, and July which arrived at a total figure of $37,858.34. Having reviewed the aforereferenced bills in regard to the above, we advise as follows. The May 28.2004 billing in the amount of $9,998.40 represents services rendered for the month of April which should not be considered in my quote. A portion of the June 14, 2004 billing, $5,878.50, is for services rendered for the month of May prior to my May 11 quote for completion of the appeal. This was work which had been completed at the time I wrote my letter of May 11, 2004 and was not work or time that I was considering when I indicated that it would cost approximately $20.000.00 to "complete the appeal". Therefore, the balance of the June 14, 2004 billing for services rendered in May with .~ AIRD 6' BLI!LJS tu'. .__...wwt~"" ~~t,............,.... #17 Legal Expenses Plan 709 June to September 2004 Date Payee Description Costs I5JLJ../iJ , 23-Jun-04 Aird & Berlis 29-Jun-04 Aird & Berlis 15-Ser-04 Aird & Berlis Plan 709 (Drohibycky) Plan 709 (Drohibycky) Plan 709 (Drohibycky) $9,344.30 q, <{ 7'8. +-0 $18,262.28 19154-0.bf $7,775.05 cg,~ff. So $35,381.63 .z~ g5'<l. a4 Total expenses from June to September 2004 -"'---'-'--"'-'.-----'"'. ~"~-'-'------___~_'_____'''_''___~d_____.._...",. ..._n._.___.______.._. ._..__'___N._.~.,__,_,_.._.._.._._.___,_.__..._._,__,__~_~_.,,~_,,~....__ __. _ n '_,'..."."..",_. 18/28/2684 18:13 . . 41c8~31515 AIRD BERLlS LLP PAGE 84 #18 October 20, 2004 Page 3 respect to the appeal is $13,662.14. The July billing in the amount of $8,319.30 is all actual cost for the appeal. As a result, our bills and charges in the billings noted above relating to the completion of the appeal itself following my fetter of May 11, 2004 to Ms. Zieleniewski and Memorandum of September 7, 2004 are approximately $21.981.44 ($13,662.14 + $8,319.30) and not $37,858.34. There will, of course, be additional costs relating to the other issues we had been asked to address, as well as the argument of the appeal to the Court of Appeal in December, and the final preparation for that argument. Hourly Rates We note that there was concern raised regarding the fees bined by Mr. John Swan. Mr. Swan is a noted expert in contract law. He is a professor of !awof McGill University, and a former professor with the University of Victoria and the University of Toronto. He is also a. lecturer at Osgoode Hall Law School. Mr. Swan conducted research. provided an opinion and assisted in drafting those portions of the Township's appeal factum related to the contractual issues raised by Mr. J,ustice O'Connell (which is noted were not argued before him). I would note that my regular billing rate is per hour. For the last many years, I have provided services to the Township of Oro-Medonte on most matters (including this one) at a substantially reduced rate of ~ per hour. I would also note that most of the work on this file has been undertaken by myself at per hour and by Ms. Eileen Costello. an associate with the firm at I per hour. I am not aware of any other client that I provide a discount to at this rate. Other Issues It appears that Mr. Swan's billing rate was made public. We view our rates as confidential and to be considered as a business record in accQrdance with the Municipal Freedom of Information and Protection of Privacy Act. Dissemination of that information could potentially have negative repercussions on our firm's competitive position. We specifically do not consent to the dissemination of this malerial and would ask that information regarding our billing rates be kept strictly confidential between the Township and ourselves. Finally, while it is always open to Council to authorize the provision of confidential legal opinions, etc. to the public and to waive privilege regarding the same, we would not recommend that details regarding our bills be made public as information contained in them may prove helpful to parties adverse in interest to the Township in this ongoing litigation. ~ NJ<D (-r Br;RLIS UJ' ,...:,~f1tt;:;:~.. 16/2~/2664 16:13 4168631515 AIRD BERLIS LLP n~1X. 'N # 18b October 20, 2004 Page 4 ConclusIon In closing, I do apologize if my memorandum of September 7. 2004 and my letter of May 11, 2004 were not clear. I certainly view the Township as a valued client and my estimate of the costs at the time was my best estimate based on a go-forward basis and not anticipating the direction to undertak.a new rase,arch and report into other issues. Yours very truly, AIRD & ill LLP Chri$to~I;J~ CJW lIy cc: M. Pennycook ,>,-". ::ODMAIPCDOCS\DOCS\177 8008\3 ~ AJRD fir B1':1(1.15 ILl' ~...., MJrd.-s "awr w r......, w.it ....... OCT 19 2004 13: 11 FR AJRD AND BERL!5 LLP 1 41bI:JW1:>1:> IU >!('U4:)JY.I:W:>!:J!:J"'J. (1(:0 r-.\:).;)/\:);:> #19 AU~O & BERUS LLP PP.GE 2 OF ACCOUNT No. 268448 Total Disbursements GST at 7.00% $15.86 $1.11 AMOUNT NOW DUE $1,379.61 THIS IS OUR ACCOUNT HEREIN Airel & Berlis LlP tit Christopher J. Williams E.&O.E. PAYMENT OF THIS ACCOUNT IS DUE ON RECEIPT IN ACCORDANCE WITH THE SOLICITORS ACT. ONTARIO. INTEREST WILL BE CHARGED AT THE RATE OF 2.30% PER ANNUM ON UNPAID AMOUNTS CAlCULATED FROM A DATE THAT IS ONE MONTH AFTER THIS ACCOUNT IS OELNERED. OUR GOODS AND SERVICES iM REGISTRATION NUMBER IS 12184 6539 NOTE: This account may be paid by -..ire tr.Jnsf9r In Canadian fund$ to our aCGOunr at The Bank 01 Nova Scotia. IGng and University Branch. 145 IGog SIrBtit West. 10l'Onlo. Ontario. TraMlI no, 34322. Account No. 343220032514. $wil'! Code NOSCCATT. ABA Number 026 002 532. Ple<Jse Include the tnv04ce numb<< as reference. .".-----.".--.. ... _."._.M~___,._,,~.m." . .,-"-----_._-~....,_..,."----_.__.__."'----,_._..__..- no .._...._.__._.___._.~_.,..... - - - ...._..._-'_~.'.~_n._.'_"u'~m.m_..."'__.__~ -...-.-....-------.---.--.-..----...,. ::ODMA \J>CDOtS\DOCS\17SI086\1 ): ., A!RD & SERL!S LLP PAGE 2 OF ACCOUNT No. 270051 DISBURSEMENTS COST INCURRED ON YOUR BEHALF AS AN AGENT Notice of Motion/Application Subject to GST Photocopies Long Distance Charges Agency Fee Binding Charges Deliveries Fax Charges Total Disbursements GST at 7.00% AMOUNT NOW DUE THIS IS OUR ACCOUNT HEREIN Aird & Berlis LLP c{~, Christopher J. Williams E.&O.E. #20 ($110.00) $32.50 $2.16 $54.80 $6.33 $4.00 $13.00 $112.79 $7.90 $2,749.35 Code Itf;t/t/~C/ ~P/ ~y 0&8c. [~ PAYMENT OF THIS ACCOUNT IS DUE ON RECEIPT IN ACCORDANCE WITH THE SOLICITORS ACT. ONTARIO, INTEREST WILL BE CHARGED AT THE RATE OF 2.30% PER ANNUM ON UNPAID AMOUNTS CALCULATED FROM A DATE THAT IS ONE MONTH AFTER THIS ACCOUNT IS DELIVERED. OUR GOODS AND SERVICES TAX REGISTRATION NUMBER IS 12184 6539 NOTE: This account may be paid by wire transfer in Canadian funds to our account at The Bank Of Nova Scotia, King and University Branch. 145 King Street West, Toronto, Ontario, Transit no. 34322, Account No, 343220032514. Swift Code NOSCCATT, ABA Number 026002 532. Please include the invoice number as reference. ::ODMA \PCDOCS\DOCS\1767061 \1 ,J:-. AIRD & BERLlS LLP PAGE 2 OF ACCOUNT No. 257354 e e # 21 ~ DATE 26/01/04 26/01/04 26/01/04 27/01/04 27/01/04 28/01/04 28/01/04 28/01/04 29/01/04 29/01/04 29/01/04 29/01/04 30/01/04 30101/04 OUR FEE GST at 7.00 % DESCRIPTION Draft Notice of Motion for C. Williams and E. Costello; Discussion with C. Williams regarding notice of appeal; review e-mail from C. Kirkland; Review Notice of Motion; Revise Notice of Motion for E.Costello and C. Williams; Telephone call with E. Costello; review draft Notice of Appeal, etc.; Revise Notice of Appeal for E. Costello and C. Williams; Draft revisions to Notice of Appeal; Review judgment; telephone call to C. Williams; Discussion with C. Kirkland regarding notice; discussion with C. Williams regarding same; review notice; Telephone call with J. Dougherty (x2); telephone callwithC. Kirkland (several); draft revisions to Notice of Appeal (several); telephone call with R. Hooke; Research rules, Courts of Justice Act, etc., regarding appeal and further revisions; meeting with E. Costello (several); telephone call to E. Halpern (voice mail); Revise Notice of Appeal and drafted Certificate Respecting Evidence for E.',Costello and C. Williams; Review and revise Notice of Appeal; Review revised notice of appeal; review notice from WeirFoulds; revise notice and finalize; $8,936.50 , $625.56 DISBURSEMENTS (Subject to GST ) Photocopies Long Distance Charges Fax Charges $16.75 $5.40 $57.00 Total Disbursements GST at 7.00% $79.15 $5.54 $9,646.75 AMOUNT NOW DUE THIS IS OUR ACCOUNT HEREIN Aird & Berlis LLP i LG/ Christ~~r J. Williams E.&O.E. PAYMENT OF THIS ACCOUNT IS DUE ON RECEIPT IN ACCORDANCE WITH THE SOLICITORS ACT. ONTARIO. INTEREST WilL BE CHARGED AT THE RATE OF 3.00% PER ANNUM ON UNPAID AMOUNTS CALCULATED FROM A DATE THAT IS ONE MONTH AFTER THIS ACCOUNT IS DELIVERED. OUR GOODS AND SERVICES TAX REGISTRATION NUMBER IS 139413991 NOTE: This account may be paid by wire transfer in Canadian funds to our account at The Bank Of Nova Scotia. Kil1g and University Branch. 145 KiI1g Street West, Toronto. Ontario. Transit no, 34322. Account No, 343220032514. Please include our Account aod File Numbers (which are shown at the beginning of this Invoice) on the wire transfer. ::ODMA\PCDOCS\DQCS\1625841\1- Inv.257354 ..... ~ e ~ IN ACCOUNT WITH: :\0 > ~~. . AIRD & BERLIS UP Barristers and Solicitors Patent and Trad. Marl: Agents BCE Place, Suite 1800 Box 754, 181 Bay Street Toronto, Ontario. Canada M5J 2T9 Township of Oro-Medonte P.O. Box 100, Station Oro Oro-Medcnte, Ontario LOL 2X0 Attention: Jennifer Zieleniewski March 16, 2004 Re: Nadia Drohibycky vs. The Township of Oro-Medonte e ~ , APR 1 ~ 2004 ? I OROooMEDONTE I" ~- Account No.: 258510 #22 PLEASE WRITE ACCOUNT NUMBERS ON THE BACK OF ALL CHEQUES Ale No.: 12291181688 FOR PROFESSIONAL SERVICES RENDERED on your behalf throughout the period ended February 10,2004: " DATE 02102104 05/02104 06/02/04 10/02104 DESCRIPTION Telephone call to E. Costello (voice mail); review Frontlot Owners Notice of Appeal; telephone call with R. Hooke. Discussion'witl,I. NeWiOn regarding revisio!1s . required to' NoticeofA.ppealby cOuii;revieW same; telephone call to P. Williams; print new notice and send to P. Williams. Filed Notice of Appeal. Telephone call to C. Tzekas (voice mail). OUR FEE GST at 7.00 % DISBURSEMENTS COST INCURRED ON YOUR BEHALF AS AN AGENT Notice of Appeal Subject to GST Photocopies Long Distance Charges Fax Charges $13.25 $1.08 $1.00 Total Disbursements GST at 7.00% r~~?6~9: -7.7/.~~y J ffi tf~ J AMOUNT NOW DUE $226.50 $15.86 $225.00 $15.33 $1.07 $483.76 ,A\RD & BER}.IS LLP PAGE 2 OF ACCOUNT No. 261721 e . '" DATE 31/03/04 DESCRIPTION Drafting memo to C.Kirkland re appellant's factum. OUR FEE GST at 7.00 % DISBURSEMENTS (Subject to GST) Photocopies Fax Charges Total Disbursements GST at 7.00% AMOUNT NOW DUE THIS IS OUR ACCOUNT HEREIN Aird & BerBs LLP /. Chris!i/~:I ( Cod8 Desc. Approved \ By . E.&O.E. e #23 $7,298.00 $510.86 $1.25 $19.00 $20.25 $1.42 $7,830.53 PAYMENT OF THIS ACCOUNT IS DUE ON RECEIPT IN ACCORDANCE WITH THE SOLICITORS ACT, ONTARIO, INTEREST WILL BE CHARGED AT THE RATE OF 2.80% PER ANNUM ON UNPAID AMOUNTS CALCULATED FROM A DATE THAT IS ONE MONTH AFTER THIS ACCOUNT IS DELIVERED. OUR GOODS AND SERVICES TAX REGISTRATION NUMBER IS 12184 6539 NOTE: This account may be paid by wire transfer in Canadian funds to our account at The Bank Of Nova ScotIa, KIng and University Branch, 145 King Street West. Toronto. Ontario. Transit no. 34322. Account No. 343220032514. Please include our Account and File Numbers (which are shown at the beginning of this invoice) on the wire transfer. ::ODMA \PCOOCS\DOCS\1679726\1 #24 9vlemo From the desk of: Bonnie McPhee Attention: Jennifer Zieleniewski Date: October 20, 2004 Subject: Drohibycky vs Township of Oro-Medonte . _.. -..-.. -..-..-..- .._.. -.. -. .-..- ..-..-. .-..-..-.. -.. -..-..- ..- ,-,._.._.. _.._.' -" -. _.. _. ._. .-" - ..- ..-.. -..-.. Aird & Berlis .. . Legal fees rendered for the period ending September 30, 2004 $399.00 No disbursements GST 27.93 Total including gst $ 426.93 per Linda Yantsis at 3.30 p.m., October 20,2004, after confirming with accounting. Cordially, ~ Bonnie Date Vendor Description General EOG Appeal Plan 709 Hillway A36103 - Bell Pallets North Rotstein Thatcher 28-Jan.o4 Klaus N. Jacoby Columbus Boys Club 503.67 06-Feb-04 Town of Midland Sept-Dee 553.95 11-Mar-04 Adjust gst rebate -435.48 i 17 -Mar -04 Aird & Berlis Legal fees to Jan. 31 9,015.65 17-Mar.o4 Aird & Berlis Legal fees to Jan. 31 7,149.89 17.Mar-04 Aird & Berlis Legal fees to Jan. 31 4,579.65 31-Mar -04 Aird & Berlis Legal fees to Jan. 31 1,627.85 31-Mar-04 Aird & Berlis Legal fees to Jan. 31 1,406.52 31-Mar-04 Aird & Berlis Legal fees to Jan. 31 376.63 21-Apr-04 Aird & Berlis Gold Mtn to Dee 11 130.00 21-Apr-04 Aird & Berlis Legal fees to Feb.27 2,309.57 1 21-Apr-04 Aird & Berlis Legal fees to F eb.27 212.92 21-Apr-04 Aird & Berlis Legal fees to Feb.27 172.00 21-Apr-04 Aird & Berlis Records Retention 2,851.08 I 21-Apr-04 Aird & Berlis Eve Piantoni - Feb 13 293.49 21-Apr.o4 Aird & Berlis Legal fees to Feb. 10 452.11 26-Apr .04 Adj. Leigh Rd. Closure -188.00 27-Apr-04 Aird & Berlis Legal fees to Feb. 27 I 2,820.26 W- Aird & Berlis Legal fees to Feb. 29 37,463.95 Russell, Christie Dr. Francis-Bass Lake 10,383.77 17 -May-04 Aird & Berlis Twp share only 2,683051 19-May-04 Aird & Berlis Legal fees to Mar. 29 2,025.65 19-May-04 Aird & Berlis Legal fees to Mar. 31 315.00 19-May-04 Aird & Berlis Legal fees to Mar. 31 7,318.25 19-May-04 Aird & Berlis Christian Horizons 228.00 19-May-04 Aird & Berlis Legal fees to Mar. 30 1,993.67 26-May-04 Aird & Berlis Legal fees to Mar. 31 59,567.96 26-May-04 Aird & Berlis Horseshoe - Condo 1,249.02 16-Jun-04 Aird & Berlis 2008628 Ont Ltd. 30.40 16-Jun-04 Aird & Berlis Legal fees to Apr. 21 351.77 16-Jun-04 Aird & Berlis Legal fees to Apr. 26 2,685.71 16-Jun.o4 Aird & Berlis Legal fees to Apr. 30 16,201.03 23-Jun-04 Aird & Berlis Legal fees to Apr. 30 9,344.30 9-Jun-04 Aird & Berlis Legal fees to May 31 18,262.28 9-Jun-04 Aird & Berlis Kaminsky Sev appeal 256.51 29-Jun-04 Aird & Berlis Legal fees to May 31 83.00 ~ Eve Piantoni - May 25 163.22 Pklnd - Oct 02 57.00 29-Jun.o4 Aird & Berlis Legal fees to May 03 350.08 29-Jun.o4 Aird & Berlis Legal fees to May 27 182.27 08-Jul-04 Aird & Berlis Legal fees to May 31 1,301.25 14-Jul.o4 Aird & Berlis Rd Allow-Lts 45 & 46 23.50 18-Aug-04 Russell, Christie Legal Confirm-auditors 90.00 19-Aug-04 Bourne, Jenkins Ferrier-registration 66.08 08-Sep-04 Town of Midland Township share - economist 611.28 15-Sep-04 Aird & Berlis Legal fees to Jun. 29 1,861.81 15-Sep-04 Aird & Berlis Legal fees to Jun. 30 7,775.05 15-Sep-04 Aird & Berlis Legal fees to Jun. 28 598.19 22 -Sep-04 lAird & Berlis Legal fees to Mav 30 4,371.27 22 -Sep-04 Town of Midland Township share -economist 87.32 29-Sep-04 Ferrier, Fred re-registration of deed 249.08 29-Sep-04 Minister of Fin Hillbilly Hollow 146.73 06-0ct-04 Aird & Berlis Legal fees to Jul. 30 970.69 06-0ct-04 Aird & Berlis Graham Contravention 777.34 06-0ct-04 Aird & Berlis Legal fees to Jul. 30 2,577.13 06'Oct-04 Aird & Berlis Legal fees to Jul. 30 171.00 Total per breakdown 32,695.98 3,935.60 52,167.64 108,060.18 4,792.57 2,598.56 18,953.39 3,501.45 GROSS TOTAL PER GENERAL LEDGER 226,705.37 I I #25 20 OCTOBER 2004 THE ENCLOSED PETITION IS PRESENTED TO THE COUNCIL OF ORO- MEDONTE TO REVIEW THE CONDITION OF THE PROPERTY ON THE NORTH WEST CORNER OF THE INTERSECTION OF RIDGE ROAD AND LINE 2, SHANTY BAY--NAMELY 2034 RIDGE ROAD. THE PETITION HAS CIRCULATED FOR APPROXIMATELY TWO WEEKS AND REFLECTS THE CONCERNS OF NOT ONLY AREA RESIDENTS, BUT ALSO FREQUENT COMMUTERS. THE SUBMISSION INCLUDES 90 NAMES; MORE ARE BEING COLLECTED AT THIS TIME. A NUMBER OF CONCERNS PROMPTED THE CREATION OF THE PETITION, MOST NOTABLY SAFETY AND APPEARANCE. AFTER THE PETITION HAS BEEN PRESENTED TO COUNCIL, THE PROPERTY CONDITION REVIEWED, AND THE ISSUE DIRECTED TO STAFF FOR ACTION, SOME OF THE PETITIONERS WOULD LIKE TO SPEAK FURTHER TO COUNCIL ABOUT THEIR CONCERNS. WE RESPECTFULLY REQUEST THAT THIS MATTER RECEIVE YOUR FULL ATTENTION. A PETITION SHEET # WE, THE UNDERSIGNED, PETITION THE COUNCIL OF ORO- MEDONTE TO REVIEW THE CONDITION OF THE PROPERTY ON THE NORTH WEST CORNER OF THE INTERSECTION OF RIDGE ROAD AND LINE 2. NAME ADDRESS TELEPHONE # A PETITION SHEET # WE, THE UNDERSIGNED, PETITION THE COUNCIL OF ORO.. MEDONTE TO REVIEW THE CONDITION OF THE PROPERTY ON THE NORTH WEST CORNER OF THE INTERSECTION OF RIDGE ROAD AND LINE 2. NAME ADDRESS TELEPHONE # 8 9 10 1 1 12' 13 14 15 16 17 18 19 /":EZ W-~(/tM'AJ 20~.~ 21 . ~f\LQ/ 22 e~. 23 24 25 26 27 28 29 30 r- . :;,-- 7 /2 tF b 6> A..c c=:'A;ii S. . ?,\; ~~l-~91l~ W~ n.,.)~ A P~TITION SHEET # L ':I\fIE, THE UNDERSIGNED, PETITION THE COUNCIL OF ORC).. !\f1IEDONTE TO REVIEW THE CONDITION OF THE PROPERTY 'f:ttll THE NORTH WEST CORNER OF THE INTERSECTION OF r~I]:>GE ROAD AND LINE 2. NAME ADDRESS TELEPHONE # :=: 4_ 5 Er '. ,'~, >P:'- _. 7_ E_ g .::)0 if..,."'If.,' ...-...... 1_ ~~2_ <')3 .r,it ., ",,-r. '__ 24 <:"5 t".".,;. .__ <:u:- ~, ifVYt,;;Ji .___ <""a. d:, _ <"'~9 e" ~'li1"1 .%c::H~(,_ .. A PETITION SHEET # WE, THE UNDERSIGNED, PETITION THE COUNCIL OF ORC. MEDONTE TO REVIEW THE CONDITION OF THE PROPERTY ON THE NORTH WEST CORNER OF THE INTERSECTION OF i RIDGE ROAD AND LINE 2. NAME ADDRESS TELEPHONE # 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 ~ ......:..4"\ 26 27 28 A PETITION SHEET # WE, THE UNDERSIGNED, PETITION THE COUNCIL OF ORO~ MEDONTE TO REVIEW THE CONDITION OF THE PROPERTY ON THE NORTH WEST CORNER OF THE INTERSECTION OF RIDGE ROAD AND LINE 2. NAME ADDRESS TELEPHONE # 8 9 1 1 1 13 14 15 16 17 18 19 20 21 22 23 24 October 20, 2004 Io?;)-I . .. ~\:J. f)c:I co/t;cf ~~ &~Il\ 0 . ~ NOTICE OF MOTION TO BE PRESENTED AT THE OCTOBER 27, 2004 COMMITTEE OF THE WHOLE MEETING Whereas a large amount of addition information has become available and brought to Council's attention regarding the municipally owned lands in Plan 709 since the passing of Motion 20 on December 19,2001. Whereas the most recent legal opinion obtained identifies a potential benefit for the current Council to declaring its position in regards to the municipally owned lands is Plan 709. That the Motion 20 passed on December 19, 2001 with respect to the lands in Plan 709 be rescinded and that the declaration of being declared surplus to the needs of the municipality be removed for all municipally owned properties in Plan 709. Deputy Mayor Hughes Committee of Adiustment Minutes Thursdav October 14. 2004. 9:30 a.m. In Attendance: Chairman Dave Edwards, Member Lynda Aiken, Member Allan Johnson, Member Michelle Lynch, Senior Planner Andria Leigh and Junior Planner/Acting Secretary-Treasurer Andy Karaiskakis. Absent Member: Garry Potter 1. Communications and Correspondence None 2. Disclosure of Pecuniary Interest None 3. Hearinas: 9:30 Colin McFadyen Cone. 4, Lot 46, Plan M-10 (Medonte) 18 Pine Ridge Trail 2004-A-37 In Attendance: Colin McFadyen, owner BE IT RESOLVED that: Moved by Allan Johnson, seconded by Lynda Aiken "That the Committee hereby Approve Minor Variance Application 2004-A-37 subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch as submitted and approved by the Committee; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor. Committee of Adjustment..Qctober 14, 2004 Page 1 3. That the maximum height of the detached garage be no more than 4.5 metres (14.7 feet); 4. That the floor area of the detached garage be no larger than 53.5 m2 (576 fe); 5. That the detached garage be located no closer than 15 metres (50 feet) from the front lot line; and, 6. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. .. ...Carried." Committee of Adjustment-october 14, 2004 Page 2 9:40 Angelo & Sandra Iocca Plan 742, Lot 1 (Oro) 195 Bay Street 2004-A-38 In Attendance: Angelo & Sandra Iocca, owners BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Approve application 2004-A-38 as follows: THAT PERMISSION TO EXPAND A LEGAL NON-COMPLYING STRUCTURE IS GRANTED FOR 195 SAY STREET FOR A REPLACEMENT OF THE EXISTING DETACHED GARAGE and subject to the following conditions: 1. The west side of the detached garage shall maintain the existing 1.03 metres (3.37 feet) setback from the side lot line; 2. The front yard of the detached garage maintain the existing 1.45 metres (4.75 feet) setback from the front lot line; 3. The ground floor area of the detached garage be no larger than 53.5 m2 (575.88 fe) 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; 5. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted and approved by the Committee; and, 6. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor. '" ..Carried." Committee of Adjustment-October 14, 2004 Page 3 9:50 Martin Kichuk Plan 798, Lot 66 (Oro) 88 Lakeshore Road E. 2004-A-20(Revised) In Attendance: Martin Kichuk, owner BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Allan Johnson "That the Committee hereby Approve Minor Variance application 2004-A-20 as revised to include a 44.59 m2 (480 fe) detached garage/shop, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; 2. That the proposed detached garage be located no closer than 5.79 m (19 ft) from the exterior lot line; 3. That the ground floor area of the proposed detached garage be no larger than 44.59 m2 (480 ft2); 4. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted, received September 20,2004 and approved by the Committee; 5. That the applicant satisfies the conditions of the minor variance granted June 10, 2004; and, 6. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. .. ...Carried." Committee of Adjustment-October 14, 2004 Page 4 10:00 John & Tassia Bell Cone. 3, Plan 702, Lot 8 (Ora) 1207 Line 2 S. 2004-A-39 In Attendance: John Bell, owner BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Approve Minor Variance application 2004-A-39 subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch, received September 22, 2004, as submitted; 2. That the mean level between the eaves and ridge of the detached garage be no more than 4.57 metres (15 feet); 3. That the total area of the proposed garage be no larger than 87.69 m2 (944 fe); 4. That the applicant maintain a minimum front yard setback of 16 metres (53 feet) and interior side yard setback of 10.6 metres (35 feet) for the detached garage; and, 5. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. .. ...Carried." Committee of Adjustment-October 14, 2004 Page 5 10:10 4037847 Canada Inc. Cone. 6, East Part Lot 8 (Oro) 2024 Line 6 N. 2004-B-50 In Attendance: Cameron Fitzgerald, owner of 4037847 Canada Inc. BE IT RESOLVED that: Moved by Allan Johnson, seconded by Lynda Aiken "That the Committee hereby Approve Consent Application 2004-B-50 subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary; 2. That the severed lands be merged in title with the residential lot located at 2104 Line 6 N. and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 4. That the applicants solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. .. ...Carried." Committee of Adjustment.October 14, 2004 Page 6 10:20 Dan Parle & Grasyna Romaniuk Cone. 5, Plan 807, Lot 20 (Oro) 209 Lakeshore Road W. 2004-A-40 In Attendance: Mark Rodgers, agent for applicants. BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Lynda Aiken "That the Committee hereby Approve Minor Variance application 2004-A-40 as follows: THAT PERMISSION TO EXPAND A LEGAL NON-COMPLYING STRUCTURE IS GRANTED FOR 209 LAKESHORE ROAD WEST FOR A NEW ROOFLlNE TO THE EXISTING DWELLING and subject to the following conditions: 1. The dwelling maintain the existing 15 metres (49 feet) and 16.76 metres (55 feet) for the south-east and south-west corners of the dwelling respectively setback from the average high water mark of Lake Simcoe. 2. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; and, 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch received by the Township on September 8, 2004 and approved by the Committee. .. ...Carried." Committee of Adjustment-October 14, 2004 Page 7 4. Other Business -Adoption of minutes for September 16, 2004 Meeting Moved by Michelle Lynch, Seconded by Lynda Aiken "That the minutes for the September 16th 2004 Meeting be adopted as printed and circulated .. .Carried." 5. Adiournment Moved by Allan Johnson, Seconded by Michelle Lynch "We do now adjourn at 11 :05 a.m." ... Carried." (NOTE: A tape of this meeting is available for review.) Chairperson, Dave Edwards Secretary-Treasurer, Andy Karaiskakis Committee of Adjustment-October 14,2004 Page 8 OCT-14-2004 02:35 AM P.01 Spooky SeMcG October 12, 2004 Marilyn Penneycook AM.C. T. Oerk T ownsbip ofOro-Medoote 148 - .Line 7 South Oro-Medonte, Ontario LOL !XO Karen J. McLeod Event Coordinator Spooky Seoeca 18 Seneca Lane., R.R#4 CoIdwBter. Ontario LOK lEO Dear Marilyn, Once again, the organizers oftbe event, named "Spooky SerJeca~. wish to advise you of our organi:r.ed efforts for Halloween night. This year we have vo1unteen &om Oro Swords, a .oew fencing club in Oro-.Medoote, to provide choreographed swordplay for our Pirate Invasion theme. This win take place on the street of Seneca Lane, in the Sugarbush. All the residents will be advised of the participation of the fencers. through a general mait-out. AU safety measures will be a.ff'onied includiog ample lighting. We hope that you wiD find this an acceptable notice, We are requesting permission for road clO9Ure to be placed on tbe agenda for the foDowing council meeting. I ) We are requesting a road closure, fi'omvehicles (except for regidenu). on Seneca Lane &om 6pm to 9pm for the duration of the event of Spooky Seneca - HaDoween night of 2004. 2) Permission is requested allowing vehides to paxk on the roadsides on Huron Woods. and the 6th Line North (in the Sugarbush), 4) We would also like to request the assistance trom public wodcsIroads department with barriers to close off the road needed for the event. lfyou have any questions or concerns fed tree to contact me anytime at (105) 835-6190. Regard&. Karen J. McLeod Event Coordiaator C, l ' . \\~ ^,.j A A ~ \) ,)'J.. " C \ . . /...,-,. 1U ,,; ~ f\ e \ ~ \~ llJo'. ' {)flit-If iY1 {}JJ1i /1'1 rJ / ~ ( <- ti/ f /17 fl 'i ;1 j). (/2...11. .. /1 tI (10'11 Ii C. :.1 tJt/ j)&lS/i Y ;!tJ,6/ ~ v [I," , .j ;?IVfJt-- 171 ,I/, ;p7iJL iL' ' S7fff:E/5. /;It '.{.I, I t! Off[J5/r~ /ili/II ,,{'/if- .~ II /' '(5 ,j)/ffr!1;. 7 OllliP ;JJfo' ~ rt(JPo5/J L d! F'" tfellpf j) 1f! 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I .' ~ NO ,I I 9f:fil#'o. c,. 1Jh tv €; jJfJIJF,~, If: 'fJ Clo5~ B f: j),JrI (}""~o it: fJ# suJ fJ? uJ o~l f) e ~ fJ# [) (ll f?-k~ .-ri/~ 5/../11f>.LfCSf W.. ~ t\:'.~D~D~ . lV{)ft.S\D.' f-R II" ~ r 12 '^ aL v"'" -::> IY, II 0; <ZD7€ C I . ^ I ( /' "'1 17 16 /./ f) /t1Ii>.> \' P',? - ,,(1,~'" 'V Ii e-P I itS T W 7w rc If. tJ Loti R 7. ~ '" ",,,, i'-'\ . \)C\ '\ ") 1~~~ Of\O_tJ\E.ooN1""E. 1"OWNSH\P e~~\j 0\~}) \:)!tt::J'tVll ~.. . J 10 SLlI~sn cef S J OK'D j))c]:IJufE (oi/fJ/J J OliltJ/'/{) ! . /-J!;Jv 7'2 10 02;\ \ '.)..\0 l.\ RECE\\lEO ,- "" DRAFT pLAN Of SUBD\\J\S\ON '. \ Lots 6 and 7. part of Lot 8 concession 2 ~kllIto GeographiC ioWnshlp of Orlll\!! -..... C\\'JofOrillla Simcoe count') ... 0.' ~. :S .... ~ ,",,' (i,c H 0:;. ',," \ \ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-110 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Lawrence William Tupling described as lands as follows: 31 Bards Beach Road - Part Lot 6, Plan 546 (formerly South Orillia), Township of Oro-Medonte, Being all of PIN # 58531-0344 (Lt) Roll # 4346-030-010-03200-0000 WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 94-149; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C, D and E" shall form part of this By-Law; 4. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF OCTOBER, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2004. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook APPENDIX" A" SITE PLAN AGREEMENT - between - LAWRENCE WILLIAM TUPLING - and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part Lot 6, Plan 546 (Formerly South Orillia) Being all of PIN #58531-0344 (Lt) Roll # 4346-030-010-03200-0000 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE September, 2004 By-Law No. 2004- 110 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Schedule "A" Schedule "B" Schedule "C" Schedule "0" Schedule "E" THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owner Covenants by the Township Development Restrictions Development Changes Security Compliance Co-operation Binding Effect Severability of Clauses Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the Planninq Act. 2004, in BETWEEN: LAWRENCE WILLIAM TUPLING Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a porch addition to the existing home on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: :1 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be periormed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its Solicitor, Engineer, Planner and staff, periorm any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of periormance of all the Owner's obligations hereunder, unless the conteX1 otherwise requires. 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", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $N/A. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's Solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner acknowledges that the lot does not front on an improved public road, that the Township does not or is not required to maintain or snowplow the said road, that the Township will not take over or assume the private road as a Township public road or street unless it has been built according to the Township standards, then in force, an d that the Township is not liable for any injuries, losses or damages as a consequence of the Township issuing a Building Permit. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a porch addition to the existing home described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 4 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) Liohtino All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parkinq Areas and Driveways All parking areas and driveways shall be constructed, in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B", attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro- Medonte. d) Outside Storaqe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbaqe Storaqe The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Landscapinq The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all Parties. It is the intention of the parties that material amendments to this Agreement be 5 properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering Drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "0" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "0" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and Security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 6 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the Parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) ) Owner: ling ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) 7 SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Lawrence William Tupling. LEGAL DESCRIPTION OF LANDS Part Lot 6, Plan 546 (formerly South Orillia), being all of PIN #58531-0344 (Lt), Roll # 4346-030-010-03200-0000 8 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Lawrence William Tupling. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 SCHEDULE"C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Lawrence William Tupling. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the Solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered, shall be prior approved by the Solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Lawrence William Tupling. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. N/A II (NOT APPLICABLE) SCHEDULE "E" SITE PLAN AGREEMENT - STANDARD FOR THE TOWNSHIP "STANDBY" LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: AMOUNT: $ Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500. TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE P.O. Box 100, Oro, Ontario, LOL 2XO We hereby authorize you to draw on the Bank of Ontario, , for the account of , up to an aggregate amount of which is available on demand. , ($$$$$$$$) Pursuant to the request of our said customer, , we, the Bank of , , Ontario, , hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you, which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand, and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at: Bank of , , Ontario, . The Letter of Credit, we understand, relates to a Site Plan AQreement between our said customer and the Corporation of the Township of Oro-Medonte, with MortQaQe Company. as a third party, regarding subdivision of (property description) The amount of this Letter of Credit may be reduced, from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. 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 present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you, in writing, by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at , Ontario, this day of 20 . Authorized Signature Authorized Signature Bank of 12 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-111 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Eugenie Mary McCauley (McCauley Ford) described as lands as follows: 163 Forestview Road - Part Lot 19, Registrar's Compiled Plan 1720, Designated as Part 1, 51 R-8761 , Being all of PIN # 58566-0055 (R) Roll # 4346-030-012-26123-0000 WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 94-149; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "An, on lands described on the attached Schedule "An; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "An and Schedules "A, B, C, D and En shall form part of this By-Law; 4. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF OCTOBER, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2004. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook APPENDIX" A" SITE PLAN AGREEMENT - between - EUGENIE MARY MCCAULEY (MCCAULEY FORD) - and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part Lot 19, Registrar's Compiled Plan 1720 Designated as Part 1, 51R-8761 Being all of PIN #58566-0055 (R) Roll # 4346-030-012-26123-0000 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE October, 2004 By-Law No. 2004- 111 . . . Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Schedule "An Schedule "B" Schedule "C" Schedule "0" Schedule "E" THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owner Covenants by the Township Development Restrictions Development Changes Security Compliance Co-operation Binding Effect Severability of Clauses Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the Planninq Act. 2004, in BETWEEN: EUGENIE MARY MCCAULEY (MCCAULEY FORD) Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 50' x 80' storage shed on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. 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", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 50' x 80' storage shed described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 4 a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) Liqhtinq All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parkinq Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbaqe Storaqe The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Landscapinq The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these altemative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 6 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "An, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 1 O. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) ) Owne : Steve McCauley ) Has the Authority to Bind the Corporation ) ) ) ) ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) 7 SCHEDULE" A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Eugenie Mary McCauley (McCauley Ford). LEGAL DESCRIPTION OF LANDS Part Lot 19, Registrar's Compiled Plan 1720, designated as Part 1, 51 R-8761, being all of PIN #58566-0055 (R), Roll #4346-030-012-26123-0000. 8 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Eugenie Mary McCauley (McCauley Ford). SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 SCHEDULE"C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Eugenie Mary McCauley (McCauley Ford). DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 . . SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Eugenie Mary McCauley (McCauley Ford). ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Sections 5 and 1 f) herein. $1,000.00 (refundable deposit) II (NOT APPLICABLE) SCHEDULE "E" SITE PLAN AGREEMENT - STANDARD FOR THE TOWNSHIP "STANDBY" lETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: AMOUNT: $ Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500. TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE P.O. Box 100, Oro, Ontario, LOL 2XO We hereby authorize you to draw on the Bank of Ontario, , for the account of , up to an aggregate amount of which is available on demand. . ($$$$$$$$) Pursuant to the request of our said customer, , we, the Bank of , , Ontario, , hereby establish and give to you an Irrevocable Leiter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you, which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand, and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at: Bank of , , Ontario, . The Letter of Credit, we understand, relates to a Site Plan Aqreement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortqaqe Companv, as a third party, regarding subdivision of (property description) The amount of this Letter of Credit may be reduced, from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. 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 present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you, in writing, by registered mail that we elect not to consider this Letter of Credit to be renewable lor any additional period. Dated at , Ontario, this day of 20 . Authorized Signature Authorized Signature Bank of 12 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-119 IlDc- I A By-law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro-Medonte WHEREAS Section 11 (2) of the Municipal Act, S.O. 2001, c.25, as amended, empowers Council to pass by-laws respecting highways, including parking and traffic on highways; AND WHEREAS pursuant to Section 35 of the Municipal Act, S.O. 2001, c.25, as amended, Council is empowered to remove and restrict the common law right of passage over a highway; AND WHEREAS pursuant to Section 34 of the Municipal Act, S.O. 2001, c.25, as amended, the Clerk of the Township of Oro-Medonte did provide public notice of Council's intention to pass a By-law to restrict the use of motorized vehicles on highways within the Township; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. DEFINITIONS: a) MOTORIZED VEHICLE includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in this by-law, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a motorized snow vehicle. b) MOTORIZED SNOW VEHICLES: Operate or use motorized snow vehicles except as otherwise authorized by the Township. 2. PROHIBITION: No person shall operate or use a motorized vehicle or motorized snow vehicle upon highways within the Township of Oro-Medonte as designated in Schedule 'A' to this by-law except where explicitly authorized by Council. 3. SIGNAGE: The Township shall post signs prohibiting the use of motorized vehicles on the portions of highway outlined in Schedule "An attached hereto and forming part of this by-law. 4. EXEMPTIONS: The following shall be exempt to the prohibitions listed in Section 2 of this by-law, or part thereof: a) emergency vehicles; b) any municipal vehicle or vehicle used in the provision of municipal services. c) where explicitly authorized by Council. Council may require compliance with requirements of the municipality with respect to such exemption. 5. ENFORCEMENT & FINES: Every person who contravenes any Provision of this By-law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act. R.S.O. 1990, c. P.33 and every such fine is recoverable under the Provincial Offences Act. \\9 ( -:+ 6. SEVERABILITY CLAUSE: In the event that any provision of this by-law is quashed or is declared or otherwise found to ultra vires or unenforceable by the Township, such clause shall be deemed to have been severed from the remainder of the by-law. 7. THAT this By-law shall come into force and take effect on its final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF OCTOBER, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2004. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook lloc - 3 Schedule "A" to By-law No. 2004-119 The Corporation of the Township of Oro-Medonte HiQhwav From To a) Lakeshore Promenade Eastern property line 84 Feet west of the eastern of Lot 28, Plan 626 property line of Lot 57, Plan 626 Lakeshore Promenade Southern boundary Eastern property line of of Lakeshore Promenade lot 48, Plan 626 b) Line 5 North Ingram Road Highway 400 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-113 Being a By-Law to Amend By-law No. 2004-028 To Authorize a Decrease in the Speed Limit on Certain Roads Within the Township of Oro-Medonte WHEREAS the Highway Traffic Act, R.S.O., 1990, Chapter H.8, as amended, Section 128(2), authorizes the Council of a municipality to pass By-laws to prescribe a lower rate of speed for motor vehicles on a highway or portion of highway under its jurisdiction; AND WHEREAS it is deemed necessary and expedient that the speed limit for motor vehicles on certain portions of highways under the jurisdiction of the Township of Oro- Medonte be decreased; AND WHEREAS the Council of The Township of Oro-Medonte did, on the 16th day of June, 2004 enact By-law No. 2004-028 to decrease the speed limit on certain roads within the Township of Oro-Medonte; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT Schedule .C. of By-law No. 2004-028 be amended to add as follows: Name of Highway From To Southerly to 250 5 Line 7 South Highway 11 Exit Ramp metres north of Ridge Road intersection 2. THAT this By-law shall come into force and take effect on its final passing thereof. Read a first and second time this 20th day of October 2004. Read a third time and finally passed this day of 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-114 A By-law to Appoint Lottery Licensing Officers and to Repeal By-law No. 94-17 WHEREAS the Criminal Code (Canada), Section 207, as amended, authorizes the Lieutenant Governor in Council of a province to specify persons or authorities to issue licences for lotteries of a charitable or religious organization; AND WHEREAS the Lieutenant Governor in Council of Ontario did enact Order in Council 2688/93, as amended, authorizing a municipal council to issue licences for specific lottery schemes; AND WHEREAS the Municipal Act, S.O. 2001, c. 25, Section 224, as amended, provides that the role of council is to carry out the duties of council under this or any other Act; AND WHEREAS the Municipal Act, S.O. 2001, c. 25, Section 227, as amended provides that the role of officers and employees of the municipality is to carry out other duties assigned by the municipality; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte does now find it expedient to appoint Lottery Licensing Officers to carry out its duties in regard to lottery licensing; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Clerk (or his/her designate) and the Records Management Coordinator are hereby appointed Lottery Licensing Officers for the Corporation of the Township of Oro-Medonte. 2. That the duties and responsibilities shall be performed and carried out as provided for within the respective job descriptions. 3. That By-law No. 94-17 be repealed in its entirety. 4. That this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF OCTOBER, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2004. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-115 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Karen White described as lands as follows: 15 Pemberton Lane - Part Lot 1, Range 1, Being Parts 1 and 2, 51R-19045 Being all of PIN # 58554-0100 (Lt) Roll # 4346-010-007 -08600-0000 WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 94-149; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "An, on lands described on the attached Schedule "An; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "An and Schedules "A, B, C, D and En shall form part of this By-Law; 4. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF OCTOBER, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2004. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook APPENDIX" A" SITE PLAN AGREEMENT - between - KAREN WHITE - and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part Lot 1, Range 1 Being Parts 1 and 2, 51 R-19045 Being all of PIN #58554-0100 (Lt) Roll # 4346-010-007-08600-0000 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE October, 2004 By-Law No. 2004- 115 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Schedule "A" Schedule "B" Schedule "C" Schedule "0" Schedule "E" THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owner Covenants by the Township Development Restrictions Development Changes Security Compliance Co-operation Binding Effect Severability of Clauses Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the Planninq Act. 2004, in BETWEEN: KAREN WHITE Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 24' x 28' garage on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. 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", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $N/A. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner acknowledges that the lot does not front on an improved public road, that the Township does not or is not required to maintain or snowplow the said road, that the Township will not take over or assume the private road as a Township public road or street unless it has been built according to the Township standards, then in force, an d that the Township is not liable for any injuries, losses or damages as a consequence of the Township issuing a Building Permit. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 24' x 28' garage described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 4 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) Liqhtinq All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parkinq Areas and Drivewavs All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storaqe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbaqe Storaqe The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Landscapinq The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED 2 ) \41'\t:r) ltj,l6 ) Owner: Karen White ) ) ) ) ) ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Karen White. LEGAL DESCRIPTION OF LANDS Part Lot 1, Range 1, being Parts 1 and 2, 51R-19045, being all of PIN #58554-0100 (Lt), Roll # 4346-010-007-08600-0000 " NOTE: SITE PLAN SCHEDULE"B" It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Karen White. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 4 SCHEDULE"C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Karen White. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 5 SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Karen White. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. N/A 6 (NOT APPLICABLE) SCHEDULE "E" SITE PLAN AGREEMENT - STANDARD FOR THE TOWNSHIP "STANDBY" LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: AMOUNT: $ Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500. TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE P.O. Box 100, Oro, Ontario, LOL 2XO We hereby authorize you to draw on the Bank of Ontario, , for the account of , up to an aggregate amount of which is available on demand. , ($$$$$$$$) Pursuant to the request of our said customer, , we, the Bank of , , Ontario, , hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you, which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand, and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at: Bank of , , Ontario, . The Letter of Credit, we understand, relates to a Site Plan Aqreement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortqaqe Company, as a third party, regarding subdivision of (property description) The amount of this Letter of Credit may be reduced, from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. 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 present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you, in writing, by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at , Ontario, this day of 20 . Authorized Signature Authorized Signature Bank of 12 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-116 "Being a By-law to remove the Holding symbol applying to lands at 15 Pemberton Lane, Range 1, East Part of Lot 1, RP 51R-19045, Parts 1 & 2 (Oro), Township of Oro-Medonte, (Roll #43-46-010-007- 08600-0000) (White)" WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule 'A1', to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as 15 Pemberton Lane, Range 1, East Part of Lot 1, RP 51R-19045, Parts 1 & 2 (Oro), (Roll # 43-46-010-007-08600-0000) as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. READ A FIRST AND SECOND TIME on the 20th day of October, 2004. READ A THIRD TIME and finally passed this day of ,2004. Mayor - J. Neil Craig Clerk - Marilyn Pennycook Schedule IAI 10 By-Law This is Schedule 'A' to By-Law 2004- 116 J. Neil Craig IJ" ~ N passed the day of Mayor Clerk Marilyn Pennycook Lake Simcoe f"7/1 Lands subject to the t:LLI removal of the Holding provision so 0 I I I I I-I 50 Meters I Township of Oro-Medonle THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-117 "Being a By-law to remove the Holding symbol applying to lands at 31 Bards Beach Road, Concession 1, Plan 546, East Part of Lot 6 (Orillia), Township of Oro-Medonte, (Roll #43-46-030-010-03200- OOOO)(Tup/ing) " WHEREAS the Council of the Corporation of the Township of Orc-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule 'A19', to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as 31 Bards Beach Road, Concession 1, Plan 546, East Part of Lot 6 (Orillia), (Roll # 43-46-030-010-03200-0000) as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. READ A FIRST AND SECOND TIME on the 20th day of October, 2004. READ A THIRD TIME and finally passed this day of ,2004. Mayor - J. Neil Craig Clerk - Marilyn Pennycook . . , ,- Schedule IAI to By-Law This is Schedule 'A' to By-Law 2004- 117 passed the day of ! Mayor J. Neil Craig e::s N Clerk Marilyn Pennycook ~ Bass Lake ~:ri\g~5Iug~~ t{1JrJlng provision 50 0 I I I I I I ' 50 Meiers I Township of Oro-Medonte THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW 2004-118 Being a By-law to rezone Part of Lots 1 and 2 Concession 2, being RP 51 R-28938, Parts 2 and 5, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe. (APT Operational Management - Roll # 43-46-010-007-07000-0000) WHEREAS Zoning By-law 1997-95 was enacted to regulate the use of land and the character, location, and use of buildings and structures within the Township of Oro- Medonte; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it appropriate to further amend By-law 1997-95, as amended; AND WHEREAS this by-law is in conformity with the Official Plan of the Township of Oro- Medonte; AND WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O., 1990 c. P. 13, to the Council of the Township of Oro-Medonte to exercise such powers. NOW THERFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ENACTS AS FOLLOWS: 1. Schedule "A 1" of By-law 1997-95 as amended, is hereby further amended by rezoning those lands shown on Schedule "A" attached hereto, from the Shoreline Residential Exception (SR*134) Zone to Shoreline Residential Exception (SR*133) Zone. 2. Schedule "A1" of By-law 1997-95 as amended, is hereby further amended by rezoning those lands shown on Schedule "A" attached hereto, from the Agricultural/Rural Exception (A/RU*134) Zone to the Agricultural/Rural Exception (AIRU*142) 3. Schedule "A 1" of By-law 1997-95 as amended, is hereby further amended by rezoning those lands shown on Schedule "A" attached hereto, from the Shoreline Residential Exception (SR*134) Zone to the Shoreline Residential Exception (SR*142) 4. That subsection 7 of By-law 1997-95 is hereby amended by deleting subsection 133 in its entirety and replacing subsection 133 with the following: 7.133 *133 - PART OF LOTS 1 AND 2, CONCESSION 2 (FORMER ORO) Notwithstanding any other provIsion in this By-law, the minimum lot frontage required is approximately 42.00 metres (137.79 feet), and minimum lot area required is approximately 1.60 hectares (3.95 acres) on the lands denoted by the symbol *133 on the schedule to this By-law. Further notwithstanding any other provisions in this By-law, accessory buildings or structures are permitted on the lands zoned Agricultural/Rural (AIRU) and denoted by the symbol *133 on the schedule to this by-law. For the purposes of the Section such buildings or structures may include a swimming pool, a tennis court, change facilities, and garage/storage buildings, provided such buildings or structures are accessory to a residential use on the same lot. 5. That subsection 7 of By-law 1997-95 is hereby amended by deleting subsection 134 in its entirety and replacing subsection 134 with the following: 7.134 *134 - PART OF LOTS 1 AND 2, CONCESSION 2 (FORMER ORO) Notwithstanding any other provision in this By-law, the minimum lot frontage required is approximately 196 metres (643.04 feet), and minimum lot area required is approximately 7.30 hectares (18.04 acres) on the lands denoted by the symbol *134 on the schedule to this By-law. Further notwithstanding any other provisions in this By-law, accessory buildings or structures are permitted on the lands zoned Agricultural/Rural (NRU) and denoted by the symbol *134 on the schedule to this by-law. For the purposes of the Section such buildings or structures may include a swimming pool, a tennis court, change facilities, and garage/storage buildings, provide such buildings or structures are accessory to a residential use on the same lot. 6. That subsection 7 of By-law 1997-95 is hereby amended by the addition of the following subsection: 7.142 *142 - PART OF LOTS 1 AND 2, CONCESSION 2 (FORMER ORO) Notwithstanding any other provIsion in this By-law, the minimum lot frontage required is approximately 79.00 metres (259.18 feet), the minimum lot area required is approximately 3.20 hectares (7.90 acres), and the minimum interior side yard is 20.0 metres and on the lands denoted by the symbol *142 on the schedule to this By-law. Further notwithstanding any other provisions in this By-law, no building, structure or septic tile field shall be located within 65 metres (213.25 feet) of the average high water mark of Lake Simcoe. Further notwithstanding any other provisions in this By-law, accessory buildings or structures are permitted on the lands zoned Agricultural/Rural (NRU) and denoted by the symbol *142 on the schedule to this by-law. For the purposes of the Section such buildings or structures may include a swimming pool, a tennis court, change facilities, and garage/storage buildings, provide such buildings or structures are accessory to a residential use on the same lot. 7. Schedule "A", attached, forms part of this by-law. 8. This by-law shall take effect and come into force pursuant to the provisions of and regulations made under the Planning Act, R.S.O., 1990 c. P. 13. BY-LAW READ A FIRST AND SECOND TIME, THIS 20th DAY OF OCTOBER, 2004. BY.LAW READ A THIRD TIME AMD FINALLY PASSED THE DAY OF 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor - J. Neil Craig Clerk - Marilyn Pennycook Schedule 'A' to By-law 2004-118 This is Schedule 'A' to By-law 2004-118 Passed the _ day of ,2004. Mayor J. Neil Craig Clerk Marilyn pennycook PAAT OF LOT 2 CONCESSION 2 E.P.R. rOlulERL Y IN 'IHE TOWNSHIP OF 000 "",,,,,"" TOWNSHIP or ORO-MEDONTE COUNTY OF SIMCOE f ~\11~~~ ~~~ ~U.I4CSTOfJ(JltlOf[O ~~OU .,PJ"134 TO"'~ ~V.~TOlIlflElO'4'O ~rR~S#I.13~'TO"'''''' ~ ~ ~ METRIC 1)j~1~$HOYiIOIt>><tI<ISi>LAAIAIC" III("TIIn.o.NO(AJllKt(IoI\og'IID1'O~1JY ~,"O.>>'8 SCHEDULE A ZONING AMENDMENT APPUCA TION LAKE SIMCOE , '-;:A~; (~~~= ~,~ ( KEMPENFEL T ~s.~~s~c~ ..OO...._.......o........Ulffft f*)__....('>!I&}'ItI...,..,. -~ "'" ~l t,2!IOO - ......:>'n.aaoo. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-120 A By-law to permanently close and sell (transfer) part of the original road allowance known as Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Ora), Township of Oro-Medonte more particularly described as Parts 12 and 13, Plan 51R-33065, Township of Oro-Medonte, County of Simcoe. WHEREAS pursuant to Section 11 (2) of the Municipal Act, S.O. 2001, c.25, as amended, Council is empowered to pass by-laws respecting highways; AND WHEREAS Section 34 of the Municipal Act, S.O. 2001, c.25, as amended, Council is empowers municipalities to permanently close a highway after giving notice to the public; AND WHEREAS a part of the original road allowance know as Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 12 and 13, Plan 51 R-33065, Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" attached hereto and forming part of this By-law, is no longer required for municipal purposes; AND WHEREAS Section 268 of the Municipal Act, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to dispose of surplus land in accordance with the provisions of a by-law passed by the Council, establishing procedures governing the sale of such land; AND WHEREAS Council did pass By-law No. 2003-125 on the 26th day of November, 2003, being a By-law to govern the procedure for the sale of land within the Township of Oro-Medonte, pursuant to Section 268 of the Municipal Act, S.O. 2001, c.25, as amended; AND WHEREAS Council has previously caused notice to be given of its intention to permanently close and sell the land described in Schedule "A" attached, in accordance with the requirements of Section 268 of the Municipal Act, and the requirements set out in By-law 2003-125, as amended; AND WHEREAS Council has determined that the said land is not required for municipal purposes, and has by resolution declared part of the original road allowance know as Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 12 and 13, Plan 51 R-33065, Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "An attached hereto, to be surplus to the needs of the municipality; AND WHEREAS Council has received no notice of objection to the proposed road closure and sale (transfer) of land from any party; AND WHEREAS pursuant to Sections 34 and 268 of the Municipal Act, S.O. 2001, c.25, as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed By-law to permanently close and sell part of the original road allowance know as Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 12 and 13, Plan 51R- 33065, Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "An attached hereto, to be published in newspapers of local circulation; AND WHEREAS the proposed By-law came before Council of The Corporation of the Township of Oro-Medonte for consideration at its meeting on the 20th day of October, 2004, and at that time no person objected to the proposed By-law nor claimed that his/her land would be prejudicially affected. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. < 'h <<\ Permanentlv Close - Council does hereby permanently c~se part of the original road allowance know as Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 12 and 13, Plan 51 R-33065, Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" attached hereto, and forming part of this By-law. 2. Authorization of Sale (Transfer) - Council does hereby authorize the sale (transfer) of part of the original road allowance know as Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 12 and 13, Plan 51R-33065, Township of Oro-Medonte, County of Simcoe, subject to easements for utilities over Parts 12 and 13, Plan 51R-33065 in favour of Bell Canada and the Township of Oro- Medonte as described in Schedule "B" attached hereto and forming part of this By-law, to the registered owner from time to time of the abutting lands described as Lots 60 and 61, Plan M-31, more particularly described in Schedule "B" attached hereto and forming part of this By-law. 3. Sale Price -In accordance with By-law 2003-125, as amended, Council hereby sets the sale (transfer) price for part of the original road allowance know as Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 12 and 13, Plan 51 R-33065, Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" attached hereto, at a consideration of nil. 4. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. 5. Clerk's Affidavit - Schedule "C" attached hereto and forming part of this By-law is an Affidavit of Marilyn Pennycook, Clerk of The Corporation of the Township of Oro-Medonte, setting out the procedures taken for the publishing of the said Notice pursuant to the provisions of the Municipal Act. BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF OCTOBER, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS OCTOBER, 2004. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook Schedule" A" to By-law No. 2004-120 for The Corporation of the Township of Oro-Medonte Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 12 and 13, Plan 51 R-33065, Township of Oro-Medonte, County of Simcoe, subject to easements for utilities over Parts 12 and 13, Plan 51 R-33065 in favour of Bell Canada and the Township of Oro- Medonte Schedule "B" to By-law No. 2004-105 for The Corporation of the Township of Oro-Medonte Lands to be Conveyed Part 12, Plan 51 R-33065 subject to easements for utilities in favour of Bell Canada and the Township of Oro-Medonte Part 13, Plan 51 R-33065 subject to easements for utilities in favour of Bell Canada and the Township of Oro-Medonte Lands of Transferee Lot 61, Plan M-31 (PIN#74057-0122(Lt) Lot 60, Plan M-31 (P I N#7 4057 -0 123(Lt) Schedule "C" to By-law 2004-120 for The Corporation of the Township of Oro-Medonte PROVINCE OF ONTARIO, COUNTY OF SIMCOE, IN THE MATTER of the permanent closing and sale (transfer) of Part of Oneida Avenue, Registered Plan M-31 (geographic Township of Oro), Township of Oro-Medonte more particularly described as Parts 12 and 13, Plan 51R-33065, Township of Oro-Medonte, County of Simcoe. AFFIDAVIT I, Marilyn pennycook, of the Township of Oro-Medonte in the County of Simcoe, make oath and say as follows: 1. The Deponent I am the Clerk of The Corporation of the Township of Oro-Medonte, and as such have knowledge of the facts hereinafter deposed of. 2. Publication Pursuant to Sections 34 and 268 of the Municipal Act, S.O. 2001, c.25, and amendments thereto, I did cause to be published in the Barrie Examiner, Midland Free Press and Orillia Packet & Times, newspapers of local circulation, a Notice of the proposal by The Corporation of the Township of Oro-Medonte to pass a By-law to permanently close and sell Part of Oneida Avenue, Registered Plan M- 31 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 12 and 13, Plan 51 R-33065, Township of Oro-Medonte, County of Simcoe, described in the said notice. 3. COpy of Notice Attached to this my Affidavit as Exhibit "A" is a copy of the actual Notice as it appeared in the Barrie Examiner, Midland Free Press and Orillia Packet & Times. 4. Date of Publication A Notice of permanent closure and sale was published on the 19th day of October, 2004. 5. Council Meetinq The proposed By-law came before the Municipal Council at its meeting on the 20th day of October, 2004, and at that time, no person or persons made any claim that his/her land would be prejudicially affected by the By-law. SWORN before me at the Township of Oro-Medonte, in the County of Simcoe, this day of 2004. Marilyn Pennycook, Clerk A COMMISSIONER FOR TAKING AFFIDAVITS, ETC. Exhibit "A" to Schedule "e" to By-Law 2004-120 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE NOTICE OF PROPOSED PERMANENT ROAD CLOSING AND SALE BY-LAW TAKE NOTICE that The Corporation of the Township ofOro-Medonte proposes to pass a By-law to permanently close and sell a portion of road in the Township ofOro- Medonte, County of Simcoe, more particularly described in Schedule "A" hereto. AND FURTHER TAKE NOTICE that the proposed By-law will come before the Council of The Corporation of the Township ofOro-Medonte at its regular meeting to be held at the Council Chambers on the 20th day of October at 7:00 o'clock p.m. and at that time Council will hear in person or by his counsel, solicitor or agent, any person who claims that his land will be prejudicially affected by the By-law. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 14th DAY OF OCTOBER, 2004. Marilyn Pennycook, Clerk SCHEDULE "A" Part of the original road allowance known as Oneida Avenue, Registered Plan M-31 (geographic Township ofOro), Township ofOro-Medonte, more particularly described as Parts 12 and 13, Plan 51R-33065, Township ofOro-Medonte, County of Simcoe. SUBJECT LAND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-121 Being a By-law to Expropriate Lands Required for a Public Highway, for a Right-ot-Way tor Public Passage, and for Communal Water Mains and Utilities WHEREAS the Municipal Act, 2001, 5.0. 2001/ c. 25/ as amended, and the Expropriations Act, R.S.O. 1990/ c. E.26, as amended, authorize a municipality to expropriate land for municipal purposes; AND WHEREAS the Expropriations Act prescribes the duties of the expropriating authority in exercising its power to expropriate land; AND WHEREAS Council for the Township of Oro-Medonte has authorized an application for approval to expropriate certain lands; AND WHEREAS the application was referred to an Inquiry Officer by the owner(s) affected and Council considered the report of the Inquiry officer and concluded that the proposed taking was necessary to achieve a Public Highway, a Right-of-Way for Public Passage, and Communal Water Mains and Utilities; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That approval is hereby granted by the Council of The Corporation of the Township of Oro-Medonte for the expropriation of the lands described on Schedule "A" attached hereto to achieve a Public Highway, a Right-of-Way for Public Passage, and Communal Water Mains and Utilities. 2. That the Mayor and Clerk of The Corporation of the Township of Oro-Medonte are hereby authorized to execute the Certificate of Approval and the Expropriation Certificate to be set out on the Expropriation Plan. 3. That the Clerk is hereby authorized to cause the Expropriation Plan to be registered in the Land Registry Office for the Registry Division of Simcoe No. 51 and thereby effect the expropriation of the said lands. 4. That The Corporation of the Township of Oro-Medonte is hereby authorized to enter and take possession of the expropriated lands on the day permitted by the Expropriations Act or pursuant to any Court Order thereunder, or pursuant to any agreement entered into between the owner(s) and The Corporation of the Township of Oro-Medonte. 5. That the Clerk is hereby authorized to deliver Notices of Possession, Notices of Expropriation, Notice of Election and Offers and Appraisal Reports in accordance with Section 25 of the Expropriations Act and to do all other things and give all other notices required by the Expropriations Act. 6. That this by-law shall come into force and take effect on the date of its final passing. Read a first and second time this 20th day of October, 2004. Read a third time and finally passed this day of 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook SCHEDULE "A" Part of the East Half of the West Half of Lot 2, Concession 7, (geographic Township of Oro), Part of Part 7, 51R-13204, more particularly described as Part 1, 51R-32814, Township of Oro-Medonte, County of Simcoe. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-109 BEING A BY -LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, OCTOBER 20, 2004. THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, October 20, 2004, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is. except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY -LAW READ A FIRST AND SECOND TIME THIS 20th DAY OF OCTOBER, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 20th DAY OF OCTOBER, 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook