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03 28 2007 Council AgendaTOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, MARCH 28, 2007 TIME: 7:00 P.M. 1. OPENING OF MEETING BY THE MAYOR 2. PRAYER/CONTEMPLATION/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 March 14, 2007. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. CONSENT AGENDA CORRESPONDENCE: a) Midland Public Library Board, minutes of January 11, 2007 meeting. Staff Recommendation: Receipt. b) Lake Simcoe Regional Airport Commission, minutes of February 15, 2007 meeting. Staff Recommendation: Receipt. c) Jim Bradley, Minister Responsible for Seniors, correspondence dated March, 2007 re: Proclamation Request, June, 2007, "Seniors' Month". Staff Recommendation: Receipt, Proclaim and Post to Township's Website. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: a) Report No. EES 2007-16, Keith Mathieson, Director of Engineering and Environmental Services re: John Cryer, Douglas Brennan and Wayne Lambert -Site Plan Agreement - 14 Winstar Road -Parcel 21-22, Section 51-Oro-5, Being Parts 17 and 28, Plan 518- 19930, Being all of PIN #58550-9147 (Lt), Roll #4346-010-008-10788-0000 [Refer to Item 16b)]. b) Report No. EES 2007-17, Keith Mathieson, Director of Engineering and Environmental Services re: Weatherwise Aviation Inc. -Site Plan Agreement - 224 Line 7 North - Part Lot 19, Concession 7, Being Part 2, Registered Plan 51 R-31319, Being all of PIN #58546-0068 (Lt), Roll #4346-010-003-30804-0000 [Refer to Item 16c)]. 13. REPORTS OF COMMITTEES: a) Committee of the Whole minutes, meeting held on March 21, 2007. b) Committee of Adjustment minutes, meeting held on March 15, 2007. 14. COMMUNICATIONS: a) Irena W. (Versha) Szczebior, correspondence dated March 19, 2007 re: Line 4 South. b) Scott Hammond, Chair, Orillia District Chamber of Commerce, correspondence dated March 6, 2007 re: "Celebration of Youth and the Performing Arts Spring Luncheon", Thursday, March 29, 2007, Best Western Mariposa Inn & Conference Centre. 15. IN-CAMERA: None. 16. BY-LAWS: a) By-Law No. 2007-031 A By-law to Provide for the Giving of Names to Highways within the Township of Oro-Medonte, County of Simcoe (Draft Plan of Subdivision 2004-SUB-01 [Moon Point Corporation]), Part of Lots 15 and 16, Concession 3 (Orillia), Township of Oro- Medonte. b) By-Law No. 2007-034 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and John Cryer, Douglas Brennan and Wayne Lambert (as Tenants in Common) described as lands as follows: Parcel 21-22, Section 51-Oro-5, Being Parts 17 and 28, Plan 51 R-19930, Being all of PIN #58550-9147 (Lt), RoII #4346-010-008-10788-0000, Township of Oro-Medonte, County of Simcoe. c) By-Law No. 2007-035 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and Weatherwise Aviation Inc. described as lands as follows: Part Lot 19, Concession 7, Being Part 2, Registered Plan 51 R-31319, Being all of PIN #58546-0068 (Lt), RoII #4346- 010-003-30804-0000, Township of Oro-Medonte, County of Simcoe. 17. CONFIRMATION BY-LAW NO. 2007-033. 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT ADDENDUM r x F .-'., COUNCIL MEETING Wednesday, March 28, 2007 12. REPORTS OF MUNICIPAL OFFICERS: c) Councillor Coutanche, correspondence received March 26, 2007 re: Carol and Victor Emberson Water Request, 72 Moonstone Road E. d) Report No. RC 2007-02, Shawn Binns, Manager of Recreation and Community Services, re: Request for Exemption - Hawkestone and Area Community Association Volunteer Day Celebrations [deferred from March 21, 2007 Committee of the Whole meeting]. e) Report No. BP 2007-07, Bruce Hoppe, Director of Building and Planning Services re: Jim Campbell -Request to temporarily reside in a trailer, Part of Lot 17, Concession 3 (Oro), Township of Oro-Medonte, 1606 Ski Trails Road. 1 of 6 DATE: January 11,2007 LOCATION: Midland Public Library Boardroom PRESENT: G.A. Walker, A. Campbell, B. Desroches, C. Moore, J. Swick ~~~ __ REGRETS: B. Jeffery STAFF: G. Griffith, Recording Secretary, B. Molesworth, CEO ITEM I ISSUE ~ ACTION 1. Call to order In the absence of an elected Chairman, B. Molesworth took the Chair, pro tem, and called the meeting to order at 7:05 p.m. Election of the Executive B. Molesworth explained that there are currently 3 vacancies on the Board. He has had discussions with the Chief Administrative Officer of the Town of Midland, Fred Flood, about this issue. The Board may operate with the current 6 members. The quorum would still be a simple majority ofthat number, so we would have to have 4 in attendance to run a meeting. The Township of Tiny would like to appoint a resident to our Board. They have been informed that they may recommend someone, but it is the Council of the Town of Midland that makes the decision to appoint or not. After making his opening remarks B. Molesworth made the l~` call for nominations for the position of Chairman. Moved by: J. Swick Seconded by: C. Moore That G.A. Walker be nominated for the position of Chairman of the Midland Public Library Board. B. Molesworth made a 2°d call for nominations for the position of Chairman. There being no other nominations, B. Molesworth declared nominations closed. G.A Walker was acclaimed as Chairman. B. Molesworth relinquished the Chair to G.A. Walker who made the 1~` call for nominations for the position of Vice Chairman. Moved by: C. Moore Seconded by: B. Desroches That 7. Swick be nominated far the position of Vice Chairman of the Midland Public Library Board. CARRIED CARRIED ~~ ~~` , MIDLAND PUBLIC LIBRARY BOARD MEETING Page 2 of 6 DATE: January 11, 2007 LOCATION: Midland Public Library Boardroom ISSUE Election of the Executive -continued G.A Walker made a 2~ call for nominations for the position bf Vice Chairman. There being no other nominations, G.A Walker declared nominations closed. J. Swick was acclaimed as Vice Chairman. G.A Walker made the l~ call for nominations for the position of Finance Committee Chairman. Moved by: C. Moore Seconded by: B. Desroches That A Campbell be nominated for the position of Futance Committee Chairman. G.A Walker made a 2nd call for nominations for the position of Finance Committee Chairman. There being no other nominations, G.A Walker declared nominations closed. A Campbell was acclaimed as Finance Committee Chairman. B. Molesworth asked that the issue of Board Committees, mentioned in 7.1 Board Membership and Committees, 6e deferred to the February meeting in the hope that we will have some new appointees by then. Z Approval of the agenda Moved by: A Campbell Seconded by: B. Desroches That the agenda be approved as circulated. 3. Approval of the mimes of the previous meeting Moved by: J. Swick Seconded by: C. Moore That the mimrtes ofthe Board meting held on December I4, 2806 be ACTION CdL•~s~~i 1_x+7 CARRIED CARRIED ~~~:~ MIDLAND PUBLIC LIBRARY BOARD MEETING DATE: January 11, 2007 TI'EM 4. Business arising from the minutes LOCATION: Midland Public Library Boardroom LSSUE 4.1 BenePrts B. Molesworth brought the Board up to date about his most recent discussions with a Human Resources consultant. The consultant suggested that more study was needed, particulazly in the azea of a survey of other municipalities and what they offer in the way of benefits for part-tune staff and why. B. Molesworth will undertake this task and will also gather together the documents from the Town Office. When all information has been obtained, a request wdl be made to make a presentation to the Labour Relations Committee of the Town. 4.2 OLA Conference B. Molesworth asked if any of the Board are interested in attending the one day session. If none of the currem Boazd are, then he will speak to the Library Staff to see if there is any interest. 5. of the accounts Moved by: A. Campbell Seconded by: B. Desroches That the accounts for the month of December 2406 totalling $19,St16.42 be approved. 6. Reports of Board Committees 6.1 Finance Committee -Council 24/01- A. Campbell, Chairman A Campbell distributed a financial statement for the 12 months ending December 31, 2006. B. Molesworth informed the Board that there are still some 2006 invoices yet to clear the accounts, particulazly in the Capital budget as the architect still has not been paid A. Campbell asked the Board if they had any questions. The Finance Committee report was adopted. B. Molesworth mentioned that the Library's budget presentation to Council will be Wednesday, January 24, 2007 at 6:30 p.m. Page 3of 6 Ac; rivrv CARRIED ~° rt MIDLAND PUBLIC LiBT2ARY BOARD MEETING DATE: January 11, 2007 LOCATION: Midland Public Library Boazdroom Page 4 of 6 - ITEM I ISSUE A 6. Reports of Board Committees -continued 6.2 Strategic Planning Committee This Committee has not met, therefore, no report. 6.3 Fundraising Committee Mailin¢s B. Molesworth reviewed the current situation and asked for the Board's direction. The mailing that was supposed to go out in the fall was not sem due to technical problems with merging mailing lists, There was a discussion about whether this is something we want to pursue right now or whether we should be focusing on the large capital campaign. No decision was taken. B. Molesworth will contact a fundraiser G.A. Walker gave him the name of and report back. Cor~rate B. Molesworth has ah-eady been speaking to service clubs about the expansion plans. We need to find a prominent person in the community to lend their name to the building expansion capital campaiga The Board was asked to put forwazd the names of any candidates they might think of. 6.4 Policy Committee This Committee has not met, therefore, no report. b.5 Building Committee The Building Committee hasn't met since the last Board meeting. There will be a meeting on Thursday, 3armary 18, 20Q7. 7. Knibb will be bringing the presentation of the building expansion far the Committee's comments and approval. It will then be presented to the whole Boazd at the February meeting. We may have more appointees to the Board by then. 6.6 Report from the Friends of the Midland Public Library The Friends have not met since the holidays. G. Griffith informed the Board that the Library has nominated two members of the Friends for Ontario Volurneer Service Awards. ~ _,` MIDLAND PUBLIC LIBRARY BOARD MEETING DATE: 7anuary 11, 2007 LOCATION: Midland Public Library Boardroom Page 5 of 6 ITEM I ISSUE (ACTION 7. (New business 7.1 Board Membership and Committees Board membership was covered earlier in the meeting and "Committees" has been deferred to the February Board meeting. 7.2 Staffing B. Molesworth asked the Board to consider striking a Personnel Committee of the Board. He went onto explain that, in view of the fact that Marion Locke, the Head of Reference, will be retiring later this year and keeping in mind the possible expansion, the Library' s services and the related job descriptions will need to be reviewed and likely changed. He would like to have input from the Board azound the new vision for the delivery of services in a newly expanded building. The issue was deferred to the February meeting. B. Motesworth will speak to F. Flood about the chance of more appointments to the Board by Council. 7.3 Board/Staff Meeting The Library's policy document stipulates that there be a StafF/Board get together each yeaz. The last one was held in 2005. B. Molesworth asked the Boazd for their thoughts on this matter. All agreed that there should be one. The decision was also deferred to the February meeting. 7.4 Reading Series B. Molesworth reported that he was quite disappointed with the publicist that had said she would provide names of authors for this year's reading series. She only came up with one. The deadline for application to the Canada Council is March 1, 2007. A local magazine called Simcoe Today published a story on local authors last yeaz, so B. Molesworth is going to pursue a couple of big names from Toronto and then use the local authors to pad out the rest of the series, this way he can still get the application in on time. The series, this year, will be held over one weekend, probably the same weekend as the BookSale which is July 14, 2007. C. Moore and B. Desroches have volunteered their services to organize food. t MIDLAND PUBLIC LIBRARY BOARD MEETING DATE: January 11, 2007 LOCATION: Midland Public Library Boardroom Page 6 of 6 ITEM I ISSUE I ACTION 8. Information 8.1 Chief Librarian's Report C. Moore asked about B. Molesworth's talks to service groups and what their response was. He responded by saying that the Lions Club seemed receptive and told him to come back once we had our expansion plans in place. He will be talking to the Y's Men next week. B. Molesworth made the Boazd awaze of two information documents he has from SOLS and LSC that aze geazed to new Board members. If anyone would like to read them let him know. 8.2 Correspondence -Anne Wilkes B. Molesworth read a letter from former Board member Anne Wilkes expressing her thanks to the Board and also her regret at not being able to stand for re-appointment due to conflicting commitments. 9. Adjournment Moved by: B. Desroches That the meeting be adjourned at 8:00 p.m. ~, Chairman oft a Board /pKF\, `~, '+~", , W ,;~;\~~~os' __ % MINUTES OF A MEETING of THE LAKE SIMCOE REGIONAL AIRPORT COMMISSION HELD ON THURSDAY FEBRUARY 15, 2007 AT THE LAKE SIMCOE REGIONAL AIRPORT TERMINAL BUILDING In Attendance: Commissioners: T. Allison Staff: W. McArthur, City of Barrie J. Crawford M. Drumm, APM W. Lardy L. Leach J. Lehman P. Mulrooney F. Smith ~~ P. Spears ~•~ Regrets: M. Prowse ~Ai?. Z €: ~~p; CALL TO ORDER r3f~J°t~f~i}~itirc: TC7~i~Sl-i1F The meeting came to order at 7:05 p.m. and was chaired by L. Leach. 1.0 DECLARATIONS? OF PECUNIARY INTEREST(S) OR CONFLICTS OF INTERESTISI L. Leach opened the floor for declarations of pecuniary interest{s) or potential conflict(s) of interest(s). None were declared. 2.0 ELECTION OF COMMISSION EXECUTIVE AND OFFICERS L. Leach welcomed the new appointees and introduced all members of the Lake Simcoe Regional Airport Commission. W. McArthur requested nominations for the positions of the Executive of the Lake Simcoe Regional Airport Commission. For the Position of President: MOTION: Moved by W. Lardy, seconded by F. Smith 2007-AC-01 "THAT, L. Leach be nominated for the position of President of the Lake Simcoe Regional Airport Commission." Carried. There being no additional nominations, L. Leach was acclaimed as President of the Lake Simcoe Regional Airport Commission. For the Position of Vice-President: MOTION: Moved by L. Leach, seconded by J. Lehman 2007-AC-02 "THAT, P. Mulrooney be nominated for the position of Vice-President of the Lake Simcoe Regional Airport Commission." l_ ~ carried. There being no additional nominations, P. Mulrooney was acclaimed as Vice-President of the Lake Simcoe Regional Airport Commission. For the Poskion of SecretarylTreasurer: MOTION: Moved by L. Leach, seconded by P. Spears t£f ; ~. e 2007-AC-03 "THAT, J. Crawford be nominated for the position of Secretaryffreasurer of the Lake Simcoe Regional Airport Commission:' Carried. There being no additional nominations, J. Crawford was acclaimed as Secretarylfreasurer of the Lake Simcoe Regional Airport Commission. 3.0 MINUTES OF THE NOVEMBER 18 2006 COMMISSION MEETING MOTION: Moved by P. Spears, seconded by J. Crawford 2007-AC-04 "THAT, the public and confidential minutes of the November 18, 20D6 Commission meeting be approved." Carried. 4.0 BUSINESS ARISING FROM THE MINUTES No new business was discussed. 5.0 FINANCIAL REPORT i) The final 2007 Operating & Capital budget was presented. General discussion. MOTION: Moved by F. Smith, seconded by P. Mulrooney. 2007-AC-05 "THAT, the 2007 Operating and Capital Budget be approved as presented and distributed to the three partnering Municipalities for approval." Carried. It was reviewed that forming part of the 2007 Capital Works portion of the airport's budget is a multi-year initiative of which will require a related funding mechanism. Pursuant to airport Commission Motion 2006-AC-36, the Commission has undertaken to resolve the long term and Township of Oro-Medonte mandatory requirement for a fire water supply and distribution system. As the Commission proceeds with this project and has allocated funds in the Capital Works budget, recommendation of funding mechanisms is concurrently under revievr. ii) . As a result of a confidential personnel matter, the following motion was passed. MOTION: Moved by J. Crawford, seconded by T. Allison 2007-AC-08 "THAT, the Lake Simcoe Regional Airport Commission meeting move into camera at 7:55 p.m. to review a confidential personnel matter." CONFIDENTIAL MOTION: 2007-AC-07 Carried. Carried. MOTION: Moved by P. Mulrooney, seconded by J. Crawford 2007-AC-08 "THAT, the Lake Simcoe Regional Airport Commission meeting move out of camera at 8:05 p.m." 2 Carcied. MOTION: Moved by P. Spears, seconded by T. Allison 2007-AC-09 "THAT, the Lake Simcoe Regional Airport Commission adopts confidential motion 2007-AC-07." Carried. 6.0 PROPERTIES & COMMERCIAL DEVELOPMENT MOTION: Moved by F. Smith, seconded by J. Lehman 2007-AC-10 "THAT, the Lake Simcoe Regional Airport Commission meeting move into camera at 8:10 p.m. to discuss a confidential property matter." Carried. MOTION: Moved by T. Allison, seconded by P. Spears 2007-AC-11 "THAT, the Lake Simcoe Regional Airport Commission meeting move out of camera at 8:20 p.m." Carried. 7.0 NEW BUSINESSfCORRESPONDENCE i) The airport manager's report was received as information. ii) All additional correspondence as presented was reviewed. 8.0 MEETINGIS) The next Commission meeting is to be held on Thursday March 15, 2007 at 7:00 p.m. 9.0 ADJOURNMENT MOTION: Moved 6y L. Leach, seconded by F. Smith. 2007-AC-12 "THAT, the Lake Simcoe Regional Airport Commission meeting adjourn at 8:45 p.m." Carried. -''~1 z' -f d_.~---~ Recording Secretary, LSRA Commission Distribution: Commission Members Finance Department, City of Barrie 1. Brown, City Manager, City of Orillia Clerk's Office, City of Barrie Mayor & Council, c1o City Clerk, City of Orillia ''~ _-~,~ l`'-~ L. ach Pr sident, LSRA Commission Clerk's Office, Township of Oro-Medonte B. Stanton, M.P. P. Brown, M. P. J. Tascona, M.P.P. G. Dunlop, M.P.P. 4, ~ , 3 Minister Responsible for Seniors 6~" Floor 400 University Avenue Toronto ON M7A 2R9 Tel.: (416) 585-7000 Fax: (4t 6) 585-6470 March 2007 Ministre deleguee aux Affaires des personnel agees 6e etage 400, avenue University Toronto ON M7A 2R9 TeL: (416}585-7000 Telec.: (416) 585-6470 Dear Mayor and Members of Council: 7~ F rte, ~{ (`:.~ f Ontario MAR i Q ;<Cs `i ORO-i~FDOH ~ F -rniNN S}-!; P Each year the Government Ontario designates June as Seniors' Month to celebrate the countless experiences, accomplishments and contributions of seniors. Across the province, community organizations and local governments host special events to recognize seniors and the countless contributions they make to Ontario's way of life. It is with great pleasure that we invite you to participate in the 2007 Senior of the Year Awards. This annual award was established to give each municipality in Ontario the opportunity to honour one outstanding local senior. Recipients are individuals, who after age 65, have enriched the social, cultural or civic life of the community, without thought of personal or financial gain. The certificate, provided by the Ontario Government, is signed by: the Honourable James K. Bartleman, Lieutenant Governor; the Honourable Jim Bradley, Minister Responsible for Seniors; and the local Head of Council. The Government of Ontario is proud to offer this important initiative. You may wish to consider involving local MPPs in your selection process or presentation ceremony. Please fax the name of your municipality's Senior of the Year Award recipient, on the attached form by April 30, 2007. For additional information, please contact the Ontario Honours and Awards Secretariat at (416) 314- 7526. Ontario's seniors deserve special recognition for their outstanding accomplishments. By working together with municipalities, we can ensure they are honoured in a meaningful way. Sincerely, Jim Bradley Minister Responsible for Seniors ~,~ ~/ lOc-~ P%'G~?L C~~ ~~P~CGx Award Nominating Municipality/1'ownship (please print municipality name in full as this will be transcribed onto the recipient's certificate): Province: Postal Code: Fax: Nam¢ of Recipient..(must be 65 years of a~e_or older) :.................................................................................................................................... Te(I us briefly about your recipient The nomination form needs to be received no later than April 30th in order for it to be eligible for the current year. Mail or Fax to: Ontario Honours and Awards Secretariat, Ontario Ministry of Citizenship and Immigration, 400 University Avenue, 4th Floor, Toronto, Ontario M7A 2R9 Tel.: (416)314-7526 Fax: (416) 314-6050 Personal information on this form is collected under the authority of the Ministry of Citizenship and Culture Act. R.S.O. 1990_ cM.18, e-4 and will be used to determine eligibility and notify recipients of the Senior of the Year Award. For further information, please contact the Director, Ontario Honours and Awards Secretariat; 400 University Avenue; 4th Floor, Toronto ON M7A 2R9. (416) 314-7523. Minister Responsible for Seniors 9`" Floor, Hearst Block 900 Bay Street Toronto ON M7A 2E1 Tel.: (416)326-9326 Fax: (416)326-9338 March 2007 Dear Mayor (or Reeve), Ministre dAlAguA aux Affaires des personnel 5gees 9e Atage, E=difice Hearst 900, rue Bay Toronto ON M7A 2E1 TAI.: (416) 326-9326 TAIAc.: (416) 326-9338 ~LS~6.v~ B !~® MAR 2 6 7007 ORO-MEDONTE wo~_3 I am writing to ask that you consider officially proclaiming June as Seniors' Month in your community this year. Ontario has been celebrating Seniors' Month for more than 20 years now. Hundreds of communities across the province hold events to recognize the contributions of older adults and to promote awareness of active living and healthy lifestyle choices. The theme this year is Active Living: Share Your Experience. Our goal is to encourage older adults to become involved in programs so that their wisdom and experience might benefit others. In the past, communities have reached out to older Ontarians by organizing local information fairs, celebrating seniors' achievements, providing information, and by encouraging seniors to remain active and engaged. Seniors' Month is a good opportunity to put the spotlight on the local services and programs available in your community to help frail seniors live with dignity, and as independently as possible. For your convenience, a sample proclamation is enclosed for your consideration. Please let us know if you will be honouring seniors in your community this June with a local proclamation. You can contact us by email at seniorsmonth(cilontario.ca. We will be sending promotional materials soon. Please let us know what you are planning and we will post your event information on the Ontario Seniors' Secretariat website found at www. ontariosen iors. ca. Sincerely, ~~~J~ Jim Bradley Minister Enclosure 0126 TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COUNCIL Prepared By: EES2007-16 Keith Mathieson Subject: Department: Council John Cryer, Douglas Brennan Engineering and and Wayne Lambert -Site Environmental Services C. of W. Plan Agreement - 14 Winstar Date: Road -Parcel 21-22, Section March 21, 2007 Motion # 51-Oro-S, Being Parts 17 and R.M. File #: 28, Plan 51R-19930, Being all D11-36110 R of PIN #58550-9147 (Lt), oll Date: #4346-010-008-10788-0000 Roll #: 010-008-10788 BACKGROUN The owners of 14 Winstar Road, located in the Guthrie Industrial Park, are proposing to construct eight (8) self-storage units and an office. ANALYSIS: Their application was presented to the Site Plan Control -Technical Support Group on March 19, 2007 and neither the Support Group nor Township staff have any concerns with the proposal. 1. THAT Report No. EES2007-16 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with John Cryer, Douglas Brennan and Wayne Lambert to construct eight (8) storage units and an office. 3. THAT the Clerk prepares a By-law for Council's consideration to enter into a Site Plan Agreement with John Cryer, Douglas Brennan and Wayne Lambert. 4. AND THAT the owners be notified of Council's decision. Respec submitted, 1 Keith athieson Director of Engineering and Environmental Services TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COUNCIL Prepared By: EES2007-17 Keith Mathieson Subject: Department: Council Weatherwise Aviation Inc. - Engineering and Site Plan Agreement - 224 Environmental Services C. of W. Line 7 North -Part Lot 19, Date: Concession 7, Being Part 2, March 21, 2007 Motion # Registered Plan 51R-31319, R.M. File #: Being all of PIN #58546-0068 D11-35842 # 0 003 (Lt), Roll 4346-01 - - Date: 30804-0000 Roll #: 010-003-30804 BACKGROUND: The developer is proposing to construct a 1,022 sq.m. hanger on Lot 2 of the five lot commercial development at the Lake Simcoe Regional Airport. ANALYSIS: Township staff have reviewed the Site Plan and have no concerns with the proposed development. RECOMMENDATIO 1. THAT Report No. EES2007-17 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Weatherwise Aviation Inc. to construct a 1,022 sq.m. hanger at Part Lot 19, Concession 7, being Part 2, Registered Plan 51 R-31319. 3. THAT the Clerk prepares a By-law for Council's consideration to enter into a Site Plan Agreement with Weatherwise Aviation Inc. 4. AND THAT the Developer be notified of Council's decision. Respe ly submitted, if Keit athieson Director of Engineering and Environmental Services { ~ ~ ~ ~~ M~a z s ~~~? Subiect: Township water for 72 County Road 19 (Moonstone Road) Victor and Carol Emberson (h = 835-5281, o = 835-6078) ®RO-(+IiEDC7f~JTE History: 1. The Embersons have lived at 72 County Road 19 for approx. 4 years. 2. Current water source is a private well on the property. The well is not reliable and the Embersons have a cistern. They want to avoid drilling a new well. 3. The Embersons want to connect to the Township water supply and join the thousands of satisfied customers of the Township Water Department. 4. The Township water main running east-west along the North side of County Road 19 was abandoned in 2006 and the Lots (180 through 236) which were serviced from the old main were piped up to the water main on the South side of County Road 19 -the main which was installed for the new Bachly subdivision. The Township paid the cost of the connections, up to the point where the service entered the property of these lots. 5. The "abandoned" Township water main extends along the North side of County Road 19, to the front of Lots 102, 98, 94 and 90. 6. Homes on lots 102, 98 and 94 are new (with a year or two) 7. The owner of lot 102 paid fora 3/a inch water line which runs from the Bachly water main on the South side of County Road 19, under County Road 19 and onto the 102 property. 8. This 3/a inch water Tine is also used to supply lots 98, 94 and 90, tying into the Western part of the "abandoned" Township water line which was not abandoned. 9. The owners of Lots 98, 94 agreed to get piped up as Township water customers, even though they signed a waiver to the effect that water pressure would not be guaranteed. 10. The 3/a inch line (under the Road) connects to the old 1 inch line running in front of Lots 98, 94 and 90. This is unusual. Normally, pipe size reduces as it extends along a servicing section. Possible sources for Township water: 1. The 3/a inch line supplying Lots 102, 98, 94 and 90 (not good because of the 3/a inch to 1 inch expansion and the lack of guaranteed water pressure). 2. The (8 inch") Bachly water main at the Jennett Drive and County Road 19 Other pertinent information: 1. The 72 County Road 19 lot is approx 2.2. acres and may qualify for a severance in the future. 2. Mr. Emberson has indicated that he knows he would pay for (some of) the piping to his home. 3. Water supply for Moonstone was private until after Walkerton. 4. The 5 new "proposed" (2007-ZBA-01) lots between Lots 180 and 102 will be supplied from the Bachly water main on the South side of County Road 19. Township Policies: 1. Supply water up to the Lot line (where a Township main exists) 2. Customer satisfaction Sugoested solution: Replace the 3/a inch water pipe under County Road 19 with the proper size pipe to service our customers at Lots 102, 98, 94 and 90 and our future / potential customers at lot 72 etc. ~'~~` -~ pi Opp \ F~ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Committee of the Whole Prepared By: Shawn einns RC 2007-02 Subject: Department: Council Request for Exemption - Parks and Recreation Hawkestone and Area Community Association Date: March 12, 2007 C. of W. ~--- Volunteer Day Celebrations Motion # ? `1 'L t~ R.M. File #: Date: ~ic~~c~- ~j ~~ Roll #: BACKGROUND: By-Law No. 2006-38 regulates the holding of parades or processions/events in the municipality. Section 8 of the above mentioned. By-law. permits that_in a situation where a parade or procession/event will Iasi less than 24 hours, Council may dispense with any or all of the requirements of the By-Law. The Hawkestone and Area Gomrnunity Association is partnering with the Hawkestone Scouts, and Hawkestone Community HaII Board to organize a Soap Box Derby as part of the Hawkestone Volunteer Day Celebrations on April 21St, 2007. ANALYSIS: Warren Ryckman, Hawkestone And Area Carnmunity Association Director and Local Scout Leader, has supplied the Township with intormation regarding the event (Rttachment #7). The group is requesting the use of 6 temporary barricades to assist in the closing of Line 17 south of Ridge Rd to the Hawkestone United Church from 71:30-1:30 on April 21st, and have indicated that volunteers will be used to re-direct traffic, via Cedarbrooke Cres. The Onlario Provincial Police have also been notiTied and will attempt to have two auxiliary officers attend the event (Attachment #2) It is recommended that Council require proof of insurance from the Hawkestone and Area Community Association or Scouts Canada indemnifying the Township of Oro-Medonte of any liability as per provision of the above mentioned By-Law (Attachment #3), as there is an element of risk in the proposed Soap Box Derby, taking place of Township Property. The group also plans to ensure children are sale by enforcing the use of helmets for alt participants in the Soap Box Derby. -~ RECOMMENDATIO 1. That Report # RG 2007-02 be received and adopted. 2. That the Hawkestone and Area Community Association or Scouts Canada provide a proof of insurance indemnifying the Township of Oro-Medonte of as per provision 3 of By-law 2006-38. 3. That an exemption to By-Law No 2006-38 be granted to the Hawkestone and Area Community Association to hold Volunteer Day Celebrations on April 21 ``, 2007 upon receipt of proof of insurance. 4. That Line 11 South between Ridge Rd to Hawkestone United Church be temporarily closed on April 21, 2007 from 11:30 am io 1:30pm inclusive. 5. That the Hawkestone and Area Community Association be aranied permission to utilize 6 Township Temporary Barricades on April 21, 2007. 6. And Further that the applicant and the Roads Superintendent be notified of Council's decision. Shawn Binns Manager of Recreation and Community Services I ~~ C.A.O. Comments: Date: ~ ~~ r~ ~~. ~1~ f C.A.O. V Dept. Head -2- ~' -(q~A/I<tESIONE ANtj AREA COMMi)NiTy ASSQCIA710N ~~ RR~Y3. Come. 274, Nawkesto ne, Ontario LOL '7TH ~ ``^_ ~~~ ` 0. ~- ~f/_ f-, ~ /~~ !-rte" .Jr,.~Z'L~-''~cf~u,2_ .2`~-~w>y 7..t~- ~.., .. ~ ; / ,r - .' L /,T/ i ~r ~/ ~.. ~ , L~u~ ' r ~' ~ ~ f ~ /`, ~' '.~~~ ~i s ! ; y % /L .L.~, ti.^-7G~C:~r (, J ~.. .../ ~ ~e%-- G1.~'Z .~G--( /~~. ~~.'`" '~.! t'om` `%' ~l~ C~L~- Zs2- Lip-~-rl~ !"~ !'2 c~%ar ~ ~-~ ~, ~,.,,~ ,. , .• _ ~= .•' ` .- f ~ _. _. __.. __ J / ~y/~ '~~~, Gc~--29-, -~~"~. .SC,~r`~~,-2er<~::~~~~;~:~ li-~ Lug c_<<z _. ,~ ~ ~ ~ ,/ - , L~v'-f'.f~-2 fu'-~ ;° ~ ~f_ ~ . ~-~'~- t=vi.e -2Yr~• ~c-~..:7`~~~~ ~~?, /J~._ 1' ., /~ / r°' /i/'L" f~ /~ ~ .r~`'t.["h i. ~~c'y~~'. ~`~6'^~-tt.t~l..' 7Z> /-l !~t•c.y/~!C-~u7`~'~>-~'=. ~-{~"J7..tlC-` /~L.v G^-~~ii~ CX "7~. C-f / `.. ~- 4 ^~i'..-l ~ ! !~LL~Gr / -/ -~ L~ •. (_ ~~~ ' ~+c// C[%'rt,C"s-c!{i4/'l. -(p~7~I {<F_:S70NE. ANCJ AREA 'C"(JMMU ' ^-^~^°"°'•"""""'°""""~"~`"~'~ Hawke sto ne. Ontario LOL '7T0 RR,ti3. CPm P. 274. ASSOCI AT I O N 1 ~~ ~~ t%'l" '/ '' ,, ~ 7 /ji u"C i Cn2 % -cY~'L~?",'~ < <=?'tc'% i ./t( ,i~G . ~./~-C~l/J ~: CJ ~ ; ' ,r `,~ /; r ,/ , ,/ J..~j.C"-i..~/~% ~.i C`/~I CZ l~L/.i-c'~ L~:24~ l-`. L .~,G'.C/J~t-. LiIL- ~'%CLz'~ 1~i' !?;tL.. ///3 / ' NFL-z..v~-c.e..,~ C~ '7~c~ ~ L,i~la L ,~ c C /J~ ~-'~"_ lea lt~ z<~'~- L-i y ,~ %' -, J/ ~ Binns, Shawn From: Silvestri, George (JUS} (George.Silvestri~oniario.ca] ~ ~ -~ Sent: Friday, March 09, 2007 12:54 PM Toc Binns, Shawn Subject: Community event April 21st Hi Shawm, Just to confirm we've reed your fax and are aware o: the road closure. In addition we will attempt to have twe auxiliary off;cers attend to assist in this community event. GEORGE SILVESTRI CONtifUNiTY SERVICES/MEuZA RELATIONS OFFICER ONTkRIO PROVINCIAL POLICE BAFRt 705-7'L b-6989 X-2155 V-NET 50?-2155 ~i' i I i II • THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2006.038 A By-law to Regulate the Holding of Parades or Processions/Events on Highways within the Township of Oro-Medonte and to Repeal Bylaw 99.41 WHEREAS Section t i of the MunicipaiACt, 20tl1, S.O. 2001, c.25, as amended, defines spheres of jurisdiction under which a municipaGry may Rass by-laws; AND WHEREAS the spheres of jurisdiction include highways, including parking and traffic On highways; AND WHEREAS the Council of The Corporation of the Township o1 Oro-Medonte deems it expedient to regulate the holding of parades or processions;events on highways within the Township of Oro-Medonte; NOW TNEREFORE the Council of the Township of Oro-Medome hereby enacts as toliows: 1. Before any person, persons, corporations, organizations or associations may hold or conduct a parade or processioNeveni on a municipal highway within the limits of the Township of Oro-Medonte, they shall obtain a permit therefore and comply wish the provisions of this by-law. 2. No permit shall be granted under this by-law unless and until a iener of confirmation trem the Police Services, in effect at the time of application, is provided to the Township of Ore-Medonte, to ensure chat adequate police protection is available during the period of the parade br processionteveni or any or all of them, during which such police protection shall, in the opinion of the Police Services, be necessary. A31 costs associated with the required police protection shall be the responsibility of the applicant. 3. No permit shall be granted under this by-law unless and until the applicant has provided, to the Township of Oro-Medonte, proof Of insurance indemnifying the . Township against damage to pubic and private property, as well as, indemnification for general property damage to public and private property, as /~ weir as, indemnification for general property damage and public liability. 1 a.) No perm0 shall be granted under this by-law unless the appitcant has deposited, V at the discretion of the Township Clerk, a ceriilicate in writing from the Medical gfiicer of Health of the Iocai Heath Unit, that all health and sanitation requirements for the parade or processioNeveni have been provided. 'i 5. No permit shall be oranted under this by-law unless the applicant has deposited, with iha Township Clerk, an approved outline of the routes of travel for the j'~,, parade or processioNeveni. l; l~ No permit shall be granted under this 6y-taw until the applicant bas deposited, ii with the Manager of Recreation and Community Services, a damage deposit, in ' the amount in effect a1 the lime of application, for the appiicabte municipal !' building, to repair minor damages, cleaning of buildings and grounds, after Such parade ar proeessioNevent has terminated. I' 7. All other costs incurred, so that municipal property shall be restored to its ~. previous state, without cost to the Corporation for the administration of such public prcpeny, shall be the responsibiitty of the applicant. ~I, B. In the case of any parade or processioNeveni which would last for a lesser period than twenty-tour f2A) hours, the Council may, at its discretion, dispense with any or all of the requirements of this by-taw, - A~•c~rs~~. ~.; ~~,~ A~ 3`~ ?. Every person, persons, corporation, organization or association who contravenes ~ ~ "" t any provision of this by-law is guilty of an offence and shalt be liable to a tine in ~ , the amount to be determinetl pursuant to the Provincial Offences Act, R.S.O. t 990, c. P.33, and every such tine is recoverable under the Provincial Offences Act. tC. II any coun o1 competent jurisdiction fintls that any of the provisions of this by-law are ultra vires the jurisdiction of Council, or are invalid for a reason, such provision shall be deemed io be severable and shall not invalidate any of the other provisions of the by-law which shall remzin in lull force and efieci. 1 t. Ry-law No. 99.41 is hereby repealed in its entirely. 1c". This by-law shall take effect on the final passing thereof. BV•LAW READ A °'9ST AND SECOND TIME 7HIS 19'" DAY OF APRIL, 2006. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 19'" DAY OF APRIL, 2006. THE CORPORATION OF 7HE TOWNSHIP OF OAO-MEDONTE Ma r, 3. Neil Craigt~ _ .1 ,_ L ; ~U .n 'Q ~( '~,~ -~~ aT~ pcling Cierkj Jenriiter 2ieleniewsb r `~/j 1~~ Binns, Shawn From: Barb V~,'arren-ryckman Sent: Thursday, March 22, 2007 8:18 AM To: Binns, Shawn Subject: Soap Box Derby Page 1 of 1 i r Q., .7r w~ Regarding our phone calls--1've spoken with Scouts Canada reps and have been told that they would only be able to insure the Soap Box Derby if the event was for members of Scouts Canada only. Our area is holding a Derby in Midland on April 28 for the Scouts so our group does have one to attend. We are hoping to have a Soap Box Derby in Hawkestone so that all area children can come and have a fun time. All participants must wear helmets io race and the cars will be sully inspected for mechanical fitness before the race. All cars are equipped with working brakes and are designed not to be speedy but are deliberately made to go slow for safely reasons.We will have enough volunteers on hand to properly supervise the race and the detoured traffic. I hope that we will be able to co forward with this community event. Warren Ryckman 3121!2007 ~~~ ~i TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. BP 2007-07 To: Council Prepared By: Bruce Hoppe Subject: Jim Campbell - Department: Request to temporarily reside Building/Planning in a trailer, Part of Lot 17, Concession 3 (Oro), Township of Oro-Medonte, 1606 Ski Trails Road Council C. of W. Date: March 27, 2007 Motion # R.M. File #: Date: Roll #: 010-002-06200 ROUND: The owner has recently had the unfortunate misfortune of a structure (house) fire on the above noted property, located on the north side of Ski Trails Road, west of Line 3 North (see Attachment #1 ). The house sustained significant damage, and the owner is requesting temporary permission to reside in a trailer while the dwelling is either repaired or rebuilt (see Attachment #2). DISCUSSION: The Township has historically allowed owners to temporarily reside in existing dwellings or trailers and allow for a building permit to be issued for a new dwelling. This practice has been followed contrary to the Township's Zoning By-law, which only allows one dwelling per property and prohibits human habitation of a trailer (outside of licensed trailer parks), however is a reasonable compromise to assist owners in these hardship cases. A financial deposit and agreement stipulating the terms of the approval will be required to be executed with the owners which ensures compliance after the new dwelling is complete. Council has recently granted aone-year temporary permission on another property in the Township. A $5,000 security deposit is required prior to issuance of a building permit for the new } dwelling/renovations. 1. THAT Report No. BP 2007-07 be received and adopted. 2. That Council authorizes the request of Jim Campbell to temporarily reside in a trailer for a one year period while his new dwelling is being constructed/repaired. 3. That the Clerk bring forward to appropriate by-law authorizing the attached agreement to this effect. Respectfully submitted, c ~~ M IP RPP Bruce Hoppe, , Director of Building and Planning Services C.A.O. Comments: Date: ~f~ ~~ ~ i C~ ~ i~ '~ r C.A.O. ~ Dept. Head -2- ~~~-~ ~~F_y j.,. :T3#,.ca nre ix=sn.+s~. sx .s,.*t;xaEa~s March 26, 2007 Via e-mail: smoore(cr~oro-medonte.ca Township of Oro-Medonte Attention; Ms. Sheri Moore Dear Sheri, Re: House Trailer Approval 1606 Ski Trails Road Shanty Bay, ON As per our conversation of March 23, 2007, I would like to formally request permission to install a Miller House Trailer at the above address to serve as temporary residence for Mr. & Mrs. James Campbell. The existing residence has been damaged by fire and it is yet to be determined whether the building is reparable or needs to be demolished. Whichever option is followed, the owners need to be on the property 24 hours a day as this is a working farm with livestock. The property has been in the family since the early 1800s. The trailer will be connected to hydro, water and septic for the duration of construction and will then be promptly removed after occupancy inspection of the house. At this stage, I, Mark Rodgers, am acting on behalf of the insurance company and the Campbells to secure authorization from the Township. I understand that a bond or equivalent financial deposit may be requested to guarantee compliance. I thank you for this consideration and look forward to an approval, ideally, within the week. Sincerely, MR/msk Mark Rodgers RTT~r.~iv1~T ~Z Page 7 of 1 AGREEMENT/AFFIDAVIT ' °" In consideration of receiving temporary permission to reside in z trailer from the Township of Oro-Medonte, I, James Campbell, of the Township of Oro-Medonte (formerly Township of Oro) in the County of Simcoe, covenant and agree as follows: 1. That I am the registered owner of Con 3 pt lot 17 being more particularly described as ]606 Ski Trails Road, Oro-Medonte. 2. That 1 have applied to the Council of the Corporation of the Township of Oro-Medonte For permission to temporarily reside in a trailer on the above-mentioned lands, at the same time as a new dwelling/repair is under construction on those same ]ands, wherein such use is not provided for under the provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That I hereby acknowledge thzt permission hzs been given by the Council of [he Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted £or the twelve month period from permit issuance or umil completion of the proposed new dwelling, whichever is the lesser period of time; and b) That on completion of the new dwelling, zs evidenced by a Provisionz] Occupanty Certifi<zte, the habitation of the trailer ceases forthwith to the satisfaction of the Township's Chief Building Official; znd c) That application to the Township of Oro-Medonte for a temporary use permit will be made forthwith (Pee $100.00). 4. That a Letter of Credit in the amount of $5,000.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole sa6s(achon of the Township. Failure to comply with the zforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the Letter of Credit z[ its sole discretion. 5. That I hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as maybe necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. 7. We hereby covenant and agree to indemnify and save hzrm7ess the Township of Oro- Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. Date Owner Witness Mayor, H. S. Hughes Clerk, J. Douglas Irwin n~ ~ i Committee of Adjustment Minutes ' Thursday March 15, 2007, 9:30 a.m. In Attendance: Chairperson Lynda Aiken, Member Rick Webster, Member Bruce Chappell, Member Garry Potter, Secretary-Treasurer Adam Kozlowski Regrets: Member Michelle Lynch 1. Communications and Correspondence Correspondence to be addressed at the time of the specific hearing. 2. Disclosure of Pecuniary Interest None Declared Committee of Adjustment-March 15, 2007 Page t .~; ?, `~~ - , 3. Hearings: 9:30 Brad & Keri Wolfenden Lot 8, Concession 25 116 Rail Trail Drive (Former Township of Oro) In Attendance: Brad Wolfenden, Applicant - Motion No. CA070315- 1 BE IT RESOLVED that: Moved by Rick Webster, seconded by Bruce Chappell 2007-A-07 "Committee approve Variance Application 2007-A-07 subject to the following conditions: 1. That the height of the detached garage not exceed 5.9 metres (19.5 feet); 2. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application and approved by the Committee; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the height of the detached garage not exceed 5.9 metres (19.5 feet); 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. ...Carried." Committee of Adjustment-March 15, 2007 Page 2 ~=~~; ~; a~ 9:40 Josiah & Wendy Lowry 2007-A-08 West Part of Lot 5, Concession 11 {Former Township of Medonte) In Attendance: Sy (Josiah) Lowry Motion No. CA070315- 2 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Rick Webster "Committee approve Variance Application 2007-A-08 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 submitted with the application and approved by the Committee; 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. .....Carried." Committee of Adjustment-March 15, 2007 Page 3 5. Other Business Adoption of Minutes from February 15, 2007 Committee of Adjustment Hearing Motion No. CA070315- 3 Moved by Garry Potter, Seconded by Lynda Aiken "That the minutes for the February 15, 2007 Meeting be adopted as printed and circulated ...Carried." 6. Adjournment Motion No. CA070315- 4 Moved by Rick Webster, Seconded by Bruce Chappell "We do now adjourn at 10:15 am ... Carried." (NOTE: A digital recording of this meeting is available for review.) Chairperson Lynda Aiken Secretary-Treasurer Adam Kozlowski 1 "'>~=~q r 4 j Committee of Adjustment-March 15, 2007 Page 4 Page ] of 1 ~~: Irwin, Doug From: vjjohn Sent: Monday, March 19, 2007 1:17 PM 70: Irwin, Doug Subject: LINE 4 SOUTH Attention: Clerk, Mr. Mayor and members of Council, and Jerry Ball, Public Works Superintendent Re: Line 4 South See letters dated July 13, 2006 and June 25, 2003 Please be advised that the previously existing "No littering" sign at Highway 11 and Line 4 S (see June 25/03 letter signed by K. Mathieson) was destroyed by snow removal two years ago and was not replaced, and the previously existing "No littering" sign outside the drive-in on Line 4S opposite Winstar Road has been knocked over this winter and is no longer seen. In addition, your intention of placing an additional "No littering" sign to be installed on Line 4S near the Ridge Road (see July 13, 2006 letter signed by you) has still not been erected. Would your department now place all three "No littering" signs in the appropriate places. Just a comment on the newly posted speed limit (80 km/h) signs on Line 4 S after my request to have the speed limit reduced to 50 km/h because of drive-in traffic, increased large truck traffic due to the now eight large industries in close proximity on this road within a half mile, are our lives any less important than all those residents and farms, most spread thinly along (except for Hawkestone, Oro Station, and Shanty Bay villages) the entire length of the Ridge Road from Line 13 right into Barrie? As for the Noise Bylaw determination of no noise infraction being created by the Industrial Park, I would challenge that statement by numerous witnesses from this property at all hours of the day, night, and weekend. What I requested was a CHANGE in the noise bylaw (see letter dated April 7, 2006 #i3) and continue to do so exhausting every available channel. Irena-W. (Versha) Szczebior 3/19/200'7 ~°_ June 25, 2003 Ms. Irena-Wieslawa (Versha) Szczebior 279 Line 4 South R. R. #1 SHANTY BAY, Ontario LOL 2L0 Re' Tree Planting On Berm -Jess-Cor Holdings Inc. Dear Ms. Szczebior: Thank you for your e-mail dated May 4, 2003 addressing your concerns with respect to the berm and planting along the south limit of the Jess-Cor Holdings Inc. property located at #5 Winstar Road. Enclosed is correspondence from Jess-Cor Holdings Inc. indicating the scheduling for completion of planting and the required berm. The Township will be installing "NO LITTERING" signs on Line 4 South, above and below the entrance to the drive-in in the very near future.. Sincerely, TOWNSHIP OF ORO-MEDONTE Keith Mathieson, C.R.S.I. Director of Engineering and Environmental Services KM/ps Enclosures c.c. Members of Council Jennifer Zieleniewski, C.A.O. T;-jE CORPOR~TICti rJFTHE y~`Q OF ORO;~~O ~~~ ~ ~~f fit. t / t/ t~~~~~~/f/ ^~..'~ ~f~ ~~` July 13, 2006 Ms. Irena-Wieslawa Szczebiro 279 Line 4 South R.R. #1 Shanty Bay, ON LOL 2L0 Dear Ms. Szczebior: ~~~~~~ c4 ~ie ~ oo° 100 c zxo ,. ~ .,~~.. eac ,*acz. ~~ A ~ i~ Re: Your Request For a Review of the Noise By-Law, Speed Limit on Line 4 South and No Littering Signage Further to your correspondence of May 30, 2006 with respect to the above, the following resolution was recommended at the Committee of the Whole meeting held on June 28, 2006: It is recommended that: 1. Report No. PW 2006-10, Jerry Ball, Public Works Superintendent, re: Request for Speed Reduction -Line 4 South be received and adopted. 2. That the existing speed limit of 80 km/h on Line 4 South, between Hwy.#11 and Ridge Road, remains status quo. 3. That an additional "No Littering" sign be installed on Line 4 South at the intersection of Ridge Road. 4. And further that Ms. Szczebior be advised of Council's decision. Also, The Public Works department will be contacting the operators of the Barrie Triple Drive-in regarding the hiring of extra staff to ensure the area is kept clear of garbage. I have enclosed a copy of Report No. PW2006-10 for your information, which I feel is self- explanatory. Trusting this has addressed your concerns. Sincerely, TOWNSHIP OF O -MEDONTE Jerry Ball, C.R.S.S. Public Works Superintendent /rt Enclosure 5~~ gr~ ~~..._._._~MFO'~. f'32 ~ "%- O~ O ,~'„ R ~ -. ~.~. TOWNSHIP OF ORO-MEDONTE REPORT ~ ,: ~ ~ _. Dept. Report No.' To: COMMITTEE OF THE Prepared By: WHOLE PW2006-10 Jerry Ball Subject: Department: Council Request for Speed Reduction Public Works C. of W. - Line d South Date: June 21, 2006 Motion # R.M. File #: TO$-25505 Date: Roll #: BACKGROUND: Correspondence dated April 7, 2006 (attached) was received from Ms. Irena-Wieslawa Szczebior requesting consideration being given to the following concerns on Line 4 South, from Hwy. #11 to the Ridge Road: • Reducing the existing speed limit ofi 80 km/h to 50 kmlh • Reviewing the Noise By-law to assist with the level of noise from the industrial area • Placement of "No Littering" signs along Line 4 South The 3.1 km. section of Line 4 South, from Hwy. #11 to the Ridge Road, is an asphalt road with an existing speed limit of 80 km/h. This section of Line 4 South provides access to 15 residential homes, two small businesses, and the Barrie Drive-In. There are also two businesses within the Industrial Park, which enter and exit via Line 4 South. ANAL A site inspection of Line 4 South was completed to review all entrances and sight distance far the existing 80 kmth speed zone. As Line 4 South has very little grade change within the 3.1 km. stretch, the safe sight stopping distance of 135 metres can be safely met. Therefore, it is recommended that the existing speed limit of 80 km/h remain status quo. The Noise By-Law was reviewed with Mr. Bruce Hoppe, Director of Building and Planning, to assist with the noise concerns raised by Ms. Szczebior. Upon review of By-Law No. 2005-136, it was determined that there was no noise infraction being created by either of the two industries within the ~~ Industrial Park. Moreover, it is noted that a municipal noise by-law cannot restrict the usage of "back- up alarms", as these alarms are legislated safety items for commercial vehicles under the Occupational Health and Safety Act. With respect to the littering concern, staff is aware that the existence of the Drive-In movie theatre contributes to litter in the area. In 2005, a Site Plan Agreement was approved by Council for a fourth screen and associated site works for this business. The refuse concern was raised by the Site Plan Committee and the owner installed additional garbage containers, indicating that employees have been directed to tidy refuse from the municipal ditches after the facility closes. Staff will contact the owner of the Drive-In movie theatre to ensure that employees are continuing to keep the area clear of any debris. To assist with the concern of littering along Line 4 South, an additional "No Littering" sign could be installed at the intersection of the Ridge Road to discourage any increase of garbage. RECOMMENDATION(S): 1. THAT Report No. PW2006-10 be received and adopted. 2. THAT the existing speed limit of 80 km/h on Line 4 South, between Hwy. #11 and Ridge Road, remains status quo. 3. THAT an additional "No Littering" sign be installed on Line 4 South at the intersection of Ridge Road. 4. AND THAT Ms. Szczebior be advised of Councils decision accordingly. Re~~ tfully submitted, ,. 1 n ~. Jerry Ball Public Works Superintendent `~ ~ ~, v~_ ~ ~ ~~--_.. :~°'~ -2- .~, t ~~ ~~,~~~ ~ ~. 3-I 279 Line 4 South RRt11 Shanty Bay, Ontario LOL 2L0 April 7, 2006 :•=~` '`' A'~-^' ~ s,,. 1d'~ ,~, , ~/1.. 7 4 ~ Mayor Neil Craig and Council Members Township of Oro-Medonte P. O. Box 100 Oro-Medonte, Oniario LOL 1X0 Attention Afarilyn Pennvcook, Clerk Dear Mr. Mayor and Council Members: FF ~ ~ t,K~- ~ ~"tQ ~~4.-. OQ~o`~~ In light of the increased traffic on Line 4 South bei»reen Highway 11 and the Ridge Road from the burgeoning industrial parkas well as the construction of an additional 4`h screen to be built at the Shanty Ray Drive-In Theatre, along with numerous possible sales of land parcels along this stretch of road, all of which contribute to added noise, garbage and vandalism, I respectfully request the following: 1. Sianase: "No Liriering" signs to be erected on Line 4 South both at the highway oft ramp and at the Ridge Road to discourage the increased garbage from drive-in patrons seven months of the year. The signs posted near the drive-in still remain standing after winter. Will site plan controls for the new drive-in construMion include more traffic congestion controls and more esthetic visual impac! barriers than presently there? ? Sneed Reduction and OPP Patrols: A reduciion in the speed limit along the stretch of road between highway 11 and Ridge Road {to 50 km.) Thai the OPP local detachment be once again made aware of the noise, vandalism, trespassing, speeding and safety concerns along this stretch of highly traveled road, especially from Easier weekend through T hanksgiving weekend, and increasing police presence and patrols. Along with this are the irespassing/hunting issues that occur on this stretch as well as the 5`~ Line South during hunting season. Also noteworthy is heavy truck traffic causing safety', noise and environmental concerns. 3. Review of Noise R1'law: With spring comes the increased noise, banging, spray paintiag emissions, lights, rumbling and beeping before dawn, 24 hoursJday, six days!week. These can be heard and felt inside a house with all windowsldoors closed. Once again I respectfully request a review of the recent noise Bylaw 2005- 136 which appears #o have changed to include intercoms, singing and shouting (how to monitor drive-in patrons, loud music, offensive language, what defines "shouting" -calling the cows "home?). '.Sot included are any copiro)S, restriciions on hours of operation on industrial noise, which is much more continuous, intrusive, ail ~ ~~ °~, ~~. ~ i Line A South between Ili~hway ]l and Ridge Road. Oro - ~ pervasive, and disturbing io residents as noted in previous correspondence to Council. I enclose a copy of a letter from my physician (confidentiality requested based on medical nature) and copies of two recent articles on the physical and psychological effects of~noise on human and animal behaviour.. B7any more medical-based articles on the effects of noise are available. The peaceful enjoyment of my property is now limited to Sundays. I respectfully request a review of the noise bylaws of other municipalities within Simcce County as I Lad previously investigated in 2W1-2. Because of the potential of more industriatlcommercialdevelopment along this road in the future, a bylaw to adequately proteM citizens from the ill effects of all of the above would be beneTicia! io the peaceful co-existence of industry and residents. Thank you for your attention to these matters. 1 anticipate an early response to these suggestions. Sincerely, / , ~ j/ , ,~ ,~ j '~{A) Irene-W. Versha Szczebior /vs Encl. ~~~~'~ 150 Front Street South, Orillia, Ontario L3V 4S7 March 6, 200 Internet: www.orillia.com Email: orilinfo@orillia.com ~t ~~ ~ ~ .'~~t 9r` ~~, Tel: 705-326-4424 Fax: 705-327-7849 Mayor Harry Hughes and Council Oro-Medonte Township Box ioo Oro, Ontario LoL 2Xo Dear Mayor Hughes and Council, ~iR~ "i s f~u7 t~Rt7-fivl~bC)~TE The Orillia District Chamber of Commerce is pleased to invite you to attend a newly created special event developed in partnership with the Orillia Kiwanis Music Festival and the City of Orillia Culture and Heritage Department. The Celebration of Youth and the Performing Arts Spring Luncheon ticket sales will also provide some scholarship funds for the Kiwanis Music Festival and the Orillia Dance Festival. We have included an informational flyer about the event. If you have any questions, please call the Chamber of Commerce at 326-4424• Sincerely, Scott Hammond. Chair Celebration of Youth and the Performing Arts Spring Luncheon SH~bl ~~ ~ O~AT'TA~C¢'S ~~ ~~e ~~~~~ ...for ail seasons ORILLIA DISTRICT CHAMBER OF COMMERCE in partnership with Qri~~ia Kiwanis Music ~estiva~ ~~ _.~ r~ity of Qri~~ia Culture fy ~erita~e Department presents Ce~e~ration o~ Youth and the PerForming Arts SPrin~ Luncheon Thursday, March 29, 200 Best Western Mariposa Inn & Conference Centre Registration - ii:3o am, Luncheon - Noon to 2 pm MC: Bill Price Tickets: $50.0o pp $i,zoo.oo tivill be donated to the Orillia Kiwanis Music Festival Scholarship Fund & Orillia Dance Festival ~ncoura~in~ asPirin~ anc~ ta~ente~ young Peo~~e o~ Qri~~ia iy Area to rea~ize t~eir dreams Sponsored by: Meridian Credit Union, BMO Nesbitt Burns (John Mayo/Karen O'Coin) The Orsi Group, Best Western Mariposa Inn & Conference Centre Real Quest Realty Limited, McLean & Dickey Ltd. Tickets available at the Orillia District Chamber of Commerce office & the Best Western Mariposa Inn and Conference Centre, or call C7~~) 3z~-4424 ~~ ~`~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-031 A ey-law to Provide for the Giving of Names to Highways within the Township of Oro-Medonte, County of Simcoe (Draft Plan of Subdivision 2004-SUB-01 [Moon Point Corporation]) Part of Lots 15 and 16, Concession 3 (Orillia) WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws with respect to highways; AND WHEREAS Section 6t(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the municipality may enter upon land lying along a highway to install and maintain a sign setting out the name of a highway. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That the highway located within Draft Plan of Subdivision 2004-SUB-01, Part of Lots 15 and 16, Concession 3 (Oriliia), shall, on the day this by-law takes effect, be named as "Warbler Way". 2. That the name for the public highway "Warbler Way" shall be affixed at every affected intersection thereof on public property. Where it is not practical to affix the name on public property, it shall be affixed on private property. 3. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 28i" DAY OF MARCH, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~: E BY-LAW NO. 2007-034 }'t' A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and John Cryer, Douglas Brennan and Wayne Lambert (as Tenants in Common) described as lands as follows: Parcel 21-22, Section 51-Oro-5 Being Parts 17 and 28, Plan 51 R-19930 Being all of PIN #58550-9147 (Lt) Roll#4346-010-008-10788-0000 Township of Oro-Medonte, County of Simcoe 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. 2005.124, a By-Law to Designate Areas 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 Aci, 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. 2005-124; 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 and D" 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 28T" DAY OF MARCH, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2006. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin ~ ~; ,~~ ~% APPENDIX "A" to By-Law No. 2007-034 SITE PLAN AGREEMENT -between - JOHN CRYER -and- DOUGLAS BRENNAN -and- WAYNE LAMBERT (AS TENANTS IN COMMON) -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Parcel 21-22, Section 51-Oro-5 Being Parts 17 and 28, Plan 51 R-19930 Being all of PIN #58550-9147 (Lt) Roll #4346-010-008-1D788-0000 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE February, 2007 By-Law No. 2007-34 THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction ~'~A~ 2 ~ V ~`~ ~. ~~ SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of 2007, in accordance with Section 41 of the Planning Act. BETWEEN : JOHN CRYER, DOUGLAS BRENNAN AND WAYNE LAMBERT (TENANTS IN COMMON) Hereinafter called the "Owners" 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 Owners have applied to the Township of Oro-Medonte to permit eight (8) self-storage units and an office 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 Owners intend to develop the lands in accordance with the Site Plan attached hereto as Schedule "8"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: ~~ s~~ ~.~ 1. COVENANTS BY THE OWNERS The Owners covenant and agree as follows: a) The Owners own the subject lands described in Schedule "A", attached hereto, and have 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 Owners 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 Owners 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 Owners 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 Owners acknowledge and agree that the Owners shall be responsible for the cost of performance of all the Owners' obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owners are obligated in any way, shall be deemed to include the words "at the expense of the Owners', unless spec'rfically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000.00. The Owners shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owners 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 Owners' solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owners agree that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit eight (8)self-storage units and an office described on the Site Plan. b) That the Township agrees that subject to compliance by the Owners with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owners 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 Owners 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) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use andlor roadway, not to cause interference in any way. c) Parking 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 Owners agree 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) Garbage Storage The Owners agree 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) Landscaping The Owners 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 Owners 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 Owners agree 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. s , '""-° ~' 5. SECURITY Prior to signing the Agreement, the Owners will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owners 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 acceptor reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owners' 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 Owners, 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 Owners, under the terms of this Agreement. e) Upon written notification by the Owners' 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 Owners' obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owners 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 Owners for the performance of its covenants and agreements herein, and upon default on the part of the Owners hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Aci, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owners consent to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owners and agree 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. ~. 'c `~: S. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the (ands 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 Owners, 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 orsub-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 seats under the hands of their proper officers duly authorized in! at behalf. SIGNED, SEALED AND DELIVERED ) D ner: J n Cryer ,/ % ~= ; O s . ouglas Brennan j ;~ ~i n,,,.~~ti Owner: Wayne Lambert (TENANTS IN COMMON) The Corporation of the Township of Oro-Medonte Per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk {; a~ ~i S j t'+ . hry w. 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 John Cryer, Douglas Brennan and Wayne Lambert. LEGAL DESCRIPTION OF LANDS Parcel 21.22, Section 51-Oro-5, being Parts 17 and 28, Plan 51R-19930, being all of PIN #58550.9147 (Lt), County of Simcoe, RoII #4346-010-008-10788.0000 ~~,~ 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 John Cryer, Douglas Brennan and Wayne Lambert. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. A-1.1 -Site Plan prepared by Ted Handy and Associates dated June 15, 2006, revised dated January 15, 2007. 4 k ~ z SCHEDULE "C" ` ``-~' ~~~ ~ t. NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Cryer, Douglas Brennan and Wayne Lambert. 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 Owners. 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 io ~. t; ~ '~ +` a °° a 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 John Cryer, Douglas Brennan and Wayne Lambert. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT NIA 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owners to ensure completion of all works required NIA under the terms of this Agreement, as noted in Section 5 herein. ~~~~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-035 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Weathenvise Aviation Inc. described as lands as follows: Part Lot 19, Concession 7 Being Part 2, Registered Plan 51 R-31319 Being all of PIN #58546-0068 (Lt) Roll#4346-010-003-30804-0000 Township of Oro-Medonte, County of Simcoe 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. 2005.124, a By-Law to Designate Areas 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 Aci, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Pian Control, pursuant to By-Law No. 2005-124; 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 (ands 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 and D" 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 28T" DAY OF MARCH, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2006. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin ~. ~~~ ~ ~ ` APPENDIX "A" to By-Law No. 2007-035 SITE PLAN AGREEMENT -between - WEATHERWISE AVIATION INC. -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part Lot 19, Concession 7 Being Part 2, Registered Plan 51 R-31319 Being all of PIN #58546-0068 (Lt) Roll#4346-010-003-30804-0000 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE March, 2007 By-Law No.2007-35 THE TOWNSHIP OF ORO-MEDONTE 51TE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to 6e Conveyed Schedule "D" Itemized Estimate of Cost of Construction z SITE PLAN CONTROL AGREEMENT ~ ~,,5' i~ ° ~" This Agreement made, in quadruplicate, this day of 2007, in accordance with Section 41 of the Planning Act. BETWEEN : WEATHERWISE AVIATION INC. 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 1,022 sq.m. hanger 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. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: 3 ~~~ 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. 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. 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 1,022 sq.m. hangar 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: M ; ?i 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) Lighting 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) Parking 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) Garbage Storage 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. Landscaping 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. ,. ,,' -~ f f~ ., 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. COMP<_IANCE 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 427 of the Municipal Act, 2001, S.O. 2001, c. 25, 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. _, 't - r \N ~ 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. t0. 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 ) WEATHERW4S AVIAT ON NC j ~~ ~~ ~'~ per; Has the AUthoriry to eioJ eCOrporation Name: Pete Waters Title: PreSldent The Corporation of the Township of Oro-Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk `; ~t , 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 Weathenvise Aviation Inc. LEGAL DESCRIPTION OF LANDS Part lot 19, Concession 7, being Part 2, Registered Plan 51 R•31319, being all of PIN #58546-0068 (Lt), Roll #4346-010-003.30804-0000 SCHEDULE "B" ' ' ~' ` I ' '~ NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Weatherwise Aviation Inc. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. SP.01 -Site Plan prepared by ABA dated November 17, 2006, revised dated February 20, 2007 GS-1 -Lots SW1-1 to 5 Grading Plan prepared by R.G. Shugg Engineering Ltd. dated July 23, 2003, revised dated October 3, 2006 LP.01 -Landscape Plan prepared by ABA dated November 20, 2006, revised dated February 20, 2007 A2.1 -Elevations prepared by ABA dated November 20, 2006, revised dated February 20, 2007 FP 1 & 2 -Underground Storage Tanks prepared by Stumpf Fire Protection Ltd. dated August 30, 2004 SCHEDULE "C" ~~~-- s NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Weatherwise Aviation Inc. 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: I.0 LANDS TO BE CONVEYED TO THE TOWNSHIP NIA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N!A io t, SCHEDULE "D" ~ ~ ~- gy'' NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Weathenvise Aviation Inc. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 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 $1,000.00 under the terms of this Agreement, as noted (refundable in Sections 1(f) and 5 herein. deposit) --, THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-033 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, MARCH 28, 2007 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, March 28, 2007, 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 28`" DAY OF MARCH, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 28T" DAY OF MARCH, 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin