05 23 2007 Council AgendaTOWNSHIP OF ORO- MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, MAY 23, 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 May 9, 2007.
7. RECOGNITION OF ACHIEVEMENTS:
8. PUBLIC MEETINGS:
None.
9. DEPUTATIONS:
None.
10. CONSENT AGENDA CORRESPONDENCE:
a) Barbara Van Der Heyden, Executive Director, Big Sisters Association of Huronia
correspondence dated April 23, 2007 and Big Brothers of North Simcoe
correspondence dated April 29, 2007 re: Proclamation Request, September, 2007, "Big
Brothers, Big Sisters Month ".
Staff Recommendation: Receipt, Proclaim, Post on Township's Website.
b) Dianne Webster, Co- ordinator, Telecare Orillia Distress Line, correspondence dated
May 9, 2007 re: Letter of Appreciation.
Staff Recommendation: Receipt.
c) Oro - Medonte Chamber of Commerce minutes, meeting held on May 7, 2007.
Staff Recommendation: Receipt.
d) Nottawasaga Valley Conservation Authority minutes, meeting held on April 13, 2007.
Staff Recommendation: Receipt.
e) Dalton McGuinty, The Premier of Ontario, correspondence dated May 8, 2007 re: Long -
Term Care Funding.
Staff Recommendation: Receipt.
11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN:
None.
12. REPORTS OF MUNICIPAL OFFICERS:
a) Councillor Coutanche, correspondence dated September 18, 2006 re: County of
Simcoe and Township Solid Waste Management Contact Information.
b) Councillor Evans, Jennifer Zieleniewski, CAO, re: Lake Simcoe Regional Airport,
Promotion and Capital Development.
c) Report No. TR 2007 -13, Paul Gravelle, Treasurer, re: Banking Proposals [confidential
correspondence distributed under separate cover].
d) Report No. BP 2007 -019, Bruce Hoppe, Director of Building and Planning Services re:
Zoning By -law Amendment for Doug Shelswell, West 1/2 Lot 18, Concession 14 (Oro),
Township of Oro - Medonte, 191 Line 13 South [Refer to Item 16g)].
e) Report No. RC 2007 -07, Shawn Binns, Manager of Recreation and Community
Services re: Request for Arena Concession Contract Renewal.
f) Report No. RC 2007 -08, Shawn Binns, Manager of Recreation and Community
Services re: Draft Joint Use Agreement with Simcoe County District School Board (to
be distributed at meeting).
g) Shawn Binns, Manager of Recreation and Community Services, memorandum
correspondence dated May 14, 2007 re: Naming of the 4th Line Trail at Horseshoe
Valley.
13. REPORTS OF COMMITTEES:
a) Committee of the Whole minutes, meeting held on May 16, 2007.
b) Recreation Technical Support Group minutes, meeting held on April 5, 2007.
c) Committee of Adjustment minutes, meeting held on May 17, 2007.
14. COMMUNICATIONS:
a) Rowley Ramey, President and General Manager, Horseshoe Valley Resort Ltd.,
correspondence dated May 14, 2007 re: Canada Day 2007.
b) Carole Caldwell, correspondence and petition received May 16, 2007 re: Shanty Bay
Public School Crossing Guards.
c) Ron Reid, Executive Director, The Couchiching Conservancy, correspondence dated
May 9, 2007 re: Church Woods Property Designation.
15. IN- CAMERA:
None.
16. BY -LAWS:
a) By -Law No. 2007 -054 Being a By -law to Authorize the Execution of a Contract
between the Township of Oro - Medonte and the Barrie Public
Library Board for a Term of One Year and to Repeal By -Law
No. 2006 -035.
b) By -Law No. 2007 -055 A By -law to Enter into a Water Service Connection Agreement
between The Corporation of the Township of Oro - Medonte and
Claire May.
c) By -Law No. 2007 -056 A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro -
Medonte and Reynolds' Plumbing & Heating Ltd. described as
lands as follows: Parcel 21 -17, Section 51- Oro -5, Being Pt.
Lots 21 and 22, Concession 5, Designated as Part 16, 51 R-
19930 Being all of PIN #58550 -0148 (Lt), Roll #4346- 010 -008-
10790 -0000, Township of Oro - Medonte, County of Simcoe.
d) By -Law No. 2007 -057 A By -law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro -
Medonte and Donald Richard Loader described as lands as
follows: Lot 13, Plan 819, Being all of PIN #58556 -0117 (Lt),
Roll #4346- 010- 008 - 08400 -0000, Township of Oro - Medonte,
County of Simcoe.
e) By -Law No. 2007 -058 Being a By -law to remove the Holding symbol applying to
lands located at 113 Brambel Road — Lot 13, Plan 819, Roll
#4346-010-008-08400-0000 (Loader).
f) By -Law No. 2007 -059 A By -law to Authorize the Execution of an Agreement Between
The Corporation of the Township of Oro - Medonte And Her
Majesty the Queen in Right of Ontario, as Represented By the
Minister of Agriculture, Food and Rural Affairs.
g) By -Law No. 2007 -060 A By -law to amend the zoning provisions which apply to lands
within Part of the West 1h of Lot 18, Concession 14 (Former
Township of Oro), 191 Line 13 South, Township of Oro -
Medonte, (Shelswell 2006- ZBA -16).
17. CONFIRMATION BY -LAW NO. 2007-53.
18. QUESTIONS AND ANNOUNCEMENTS
19. ADJOURNMENT
ADDENDUM `• t._ < ,
COUNCIL MEETING
Wednesday, May 23, 2007
12. REPORTS OF MUNICIPAL OFFICERS:
h) Councillor Coutanche, re: Planning Advisory Committee.
14. COMMUNICATIONS:
d) Aird & Berlis LLP, invitation re: Complimentary Client Conference, Friday, June 8,
2007, Nottawasaga Inn, Alliston.
e) Robin de Villiers, correspondence dated May 13, 2007 re: Request for Kennel
Exemption.
f) Tom Foster & Eva Kroger, Jerry & Diane Popiuk, Barbara Foster, correspondence
dated May 17, 2007 re: Promenade Path.
15. IN- CAMERA:
a) Jennifer Zieleniewski, CAO, re: Personnel Matter.
b) Jennifer Zieleniewski, CAO, re: Legal Matter.
Mayor Harry Hughes
Township of Oro - Medonte
148 Line 7 South
Oro, ON
LOL 2X0
Dear Mayor Hughes:
67 Fourth Street,
Midland, Ontario L4R -3S9
Tel: 705 -526 -5051
Fax 705 -528 -6066
Email: info @kidsdomatter.com
w .Kidsl)oMatter.com
0 07IN?
OAO-MEDONo E
September is the month that all Big Brother and Big Sister Agencies across Canada join
together to raise awareness of our valuable mentoring programs and also raise
awareness of our need for volunteers to help mentor the children of our communities.
This year Big Sisters Association of Huronia is asking for your assistance in declaring
September 2007 as Big Brothers and Big Sisters Month in the Township of Oro -
Medonte. Your support will be greatly appreciated and will help us to raise awareness
of our agency and highlight the benefits of our agency within your community.
We have enclosed a sample proclamation should you wish to use it.
We will be promoting Big Brothers Big Sisters Month by holding outings and activities,
placing promotional information in the newspaper and ending with our 10th Annual
Thanksgiving Showcase of Homes Tour on Saturday, September 29, 2007.
On behalf of Big Sisters of Huronia, I would like to thank you for your support of our
agency and look forward to hearing from your office in the near future.
Sincerely,'
I
l
Barbara Van Der Heyden, P. Mgr,
Executive Director
FAN LOVING, DECENT,
ALL AROUND INDIVIDUAL/R.EGULAR GAL1.0t
WHO SERVES AS A TRUSTED COUNSELLOR,
NUGGIEMAKER, BASEBALL CHUCKER
AND/OR RECEPTIVE CHATTERE30X
WHO ADDS A LITTLE MAGIC
WHENEVER THEY CAN.
www.KidsDoMatter.com
BE A BIG SISTER
Big Sisters Association
of Huronia
67 Fourth Street Big Sis ters A sso cia tion
Midland, ON L4R 3S9
of Huronia
BIG SISTERS HAVE IMPACT.
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and stludieS have- shown that having a Big S;1�3telr can
[1,ave a wondearf-ul irnpa;'v
ct on a young giffs life, rnost
do bet'fer in school. have or positive disposition
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ful for �ia Tri -0.
card are extremely ffiank ving a caring len
Don't wcai-t ainy, longer- to pW ca BIG srWile on a you-,nq
giWs fay r. Sh e a L-ittle) Magic -today by
calling 705 - 526 - 5051 for more
information on how you could make a
great Big Sister.
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Big Brothers
of North Simcoe
April 29, 2007
Mayor Harry Hughes
Township of Oro - Medonte
148 Line 7 South.
Oro, ON
LOL 2X0
Dear Mayor Hughes:
67 Fourth Street,
Midland, Ontario L4R -359
Tel: 705 -526 -5051
Fax: 705 -528 -6066
Email: info @KidsDoMatter.com
www.KidsDoMatter.com
MAY 0 7 2007
0 C, !
It is nearing that time again when Big Brothers of North Simcoe joins fellow agencies in
promoting our valuable mentoring programs in communities all across Canada.
This year we are asking for your help in raising awareness of our organization, within
our local community, by proclaiming September 2007 Big Brothers Big Sisters Month. It
is crucial for our agency to use this time to raise awareness of our need for volunteers
to help us continue our valuable programs such as One -to -One (our traditional
mentoring program) or a newer program like In- school mentoring.
We have enclosed a sample proclamation for your use.
We will be promoting Big Brother Big Sisters Month by holding outings, activities and
placing promotional ads in the local newspapers.
Your assistance with our request is greatly appreciated. Please help us to help our
community's most valuable resource -- our children. "Help us Share a Little Magic!"
I look forward to hearing from your office in the near future.
Sincerely,
f
Barbara Van Der Heyd n, P. Mgr,
Executive Director
Snare a itt.le
Magic.
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United Wag
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MENTOR', (N)(MNT6R, -TR)
FUN LOVING., DE(.-,EK:';T,.
ALL AROUND INDIVIDUAL/ REGULAR JOEA
WHO SERVES AS A TRUSTED COUNSELLOR,
NUGGIEMAKER, BAS,EBALL CHUCKER
AND/OR RECEPTIVE CHATTERBOX
WHO ADDS A. LITTLE MAGIC
WHENEVER THEY CAN.
WE HAVE A VARIETY OF INNOVATIVE
MENTORING PROGRAMS TO
MEET A RANGE OF NEEDS.
BIG BROTHERS
www.KidsDoMatter.com
Big Brothers of
North Simcoe
67 Fourth Street
Midland, ON L4R 3S9
705 - 526 - 5051
BE A BIG BROTHER
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Big Brothers of L71
North Simcoe
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BIG BROTHER
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Nothing feels q Uill(} as r-n gical as laughter and
the truth is Big Brothers gain as much from the
relationship as ,ittl r Brothers do, As a mater of
fact, many Vollur t.e r often make life long firi nd
with their Br thens, after* all, it takes little i'mie
to make each dig differenoe that .the, rewards
r� r -enf rc(- in every smile, i n every k�fhu l l ,
BIG BROTHERS MAKE
.
AN IMPACT b .
Being h can r a huge, difference in Dies
lift and ud"'i s have shown that having a Big
Brother- can have wonderful impact on a young
boy's life; most do better ire school, have a rnore
positive disposition and are extremely thankful
for having a older friend.
yob
elecare Orillia Distress Line
'At Telecare - Were there because we care!-
\ 24 Hour Distress Lines
705 325 -9534 " 705- 835 -3453
pP� MNNSNIP
May 9, 2007
Members of Council,
Township of Oro - Medonte
148 Line 7S., Box 100,
Oro, Ontario LOL 2X0
Dear people,
On behalf of all the wonderful volunteers here at Orillia, I would like to thank you so
much for your kind contribution of $50. towards our work here.
As the problems in the world and in individual families continue, we will be there for
them when they need to talk to someone. We do appreciate knowing that you support us
in this service.
Many, many thanks,.
Dianne Webster, coordinator, Telecare Orillia
170 Colborne Street W., OriUia,ON L3V 2Z3 Business Office: 705- 327 -2383 Email.- telecareorillia@csolve. net
Charitable donation number 11920 9534 RR0001
�c _ ti
Minutes
Oro -Medonte Chamber of Commerce Board Meeting
May 7"' 2007
5:00 pm Settlers Ghost
Present:
Pres. Rick Dory
Vice Pres. Lana Bertram
Anna Proctor
Linda Babulic
Don Hanney (for Lisa Groves)
Joannie Spence
Bob Gregory
Mel Comanche
Carol Benedetti
Business
Regrets:
Reta Regelink
Tara Woodward
Bruce Chappell
1. Business Achievement Awards /Silent Auction
Carol reported that financially the event was very successful with an overall profit of
$5023.43. Lana felt the dinner ran very smoothly as well and Lisa did an excellent job of
organizing the silent auction. Thank -your have been sent for silent auction contributions.
Recommendations for future:
More preparation time with the Master of Ceremonies
No bid sheets to be given out to individuals - this made things difficult for Lisa at
the end of the evening.
Less last minute collecting of silent auction donations.
Bob thanked the board for the opportunity to share his project at the event. The response
was very positive in terms of both financial and moral support.
2. Lake Country Update
Carol and Rick provided an update on the activities of the Moving Forward task Force.
AGM is scheduled for May 8` . Severn is the only municipal (under still uncommitted;
however the task force has been building council and business support. It was expected
that the motion to support Lake Country would be re- introduced at the Severn Council
Meeting last Thurs., however due to Mayor Sled's last minute absence and at his
suggestion; this was postponed until the next earliest opportunity. A positive outcome is
still expected however plans have been made to proceed either way.
A Tourism Information location still needs to be found in Oro - Medonte. Bruce and Carol
have been exploring several locations. Lana suggested that a school portable might be an
affordable option and Don indicated that he will look into finding a trailer as another
alternate. Bruce is also looking into the possibility of space next to the post office in the
� r
Lake Country Market building. It was noted that there needs to be something else at the
location to attract people, like a restaurant, shop, rest area etc.
Actions: We will continue to search for an appropriate location and in the mean time
Lake country is committed to staffing providing a supervisor for the information centres.
Follow -up: Carol will keep the board informed as to our progress.
3. Membership
Carol reported that we have to date 112 memberships paid in full. Many members who
had let their memberships lapse have rejoined and we have new members.
Actions: Carol will send reminder invoices with an update on Chamber activities to all
2006 members who haven't yet paid
4. Business Directory
At the last board meeting a committee of Linda, Tara and Lisa was established to work
on this project. Carol indicated that the website is currently up -to date; however a notice
will go out to all members showing how their listing will appear and asking for
corrections or changes.
An article will also be placed in the next NSCN and it will emphasize that businesses
wishing to be included in or advertise in the directory will need to join the Chamber.
Actions and Follow -up
Linda, Lisa and Tara will be meeting in the next two weeks to decide on the format of the
directory.
5. Physician Recruitment Event
On May 21" to 25`h the Barrie Area Physician Recruitment Task force is hosting a
Medical Student Week as part of the effort to attract local doctors to our area. 10 students
from Queens University and the University of Ottawa will be hosted in local physician's
home and will participate in a variety of events to familiarize them with the many
benefits of living and working in our community. They have asked the chamber's help in
putting together gift bags for these students. The Welcome Wagon is assisting and the
township has items to include.
Lana and Joannie and Don volunteered to offer something from their businesses.
Actions and Follow -up
Carol will confirm and collect the items and deliver them to the Medical Student Week
Planning Committee.
6. Advertising
The Chamber of Commerce was approached to become involved in the Marketing and
Management of signage in Oro - Medonte in locations such as the arena, baseball
diamonds and other similar Township locations. This would be an income generating
project. Carol has been looking at how this happens in other areas (Orillia) and has met
with Shawn Binns around the best way for the Chamber to become involved. This would
2
be an ongoing responsibility and require significant time however it would be a great
advertising benefit to members.
Don indicated that he felt it is never an "easy sell" when it comes to advertising.
Carol suggested that it could be part of multi layered advertising program available to
members only including website advertising and directory /map advertising and discounts
could be offered relative to the level of commitment.
Lana stated that this would be a good project for the chamber and the board directed
Carol to develop a proposal.
Actions
Carol will meet again with Shawn Binns and begin contacting local businesses who
might assist us in the project. An Advertising Committee should be established to
administer this project.
Follow -up
Carol will put together a committee and report back to the board with the completed
proposal.
7. Business After Five/ Members Appreciation Event
Tara Woodward has offered to host an event at Carriage Ridge. (tentatively early June)
and Barrie Speedway has also offered to repeat the very successful Night at the
Speedway. Carol will follow -up on both of these events.
8. Other Business
Don raised the issue of the role that the Chamber should be taking in lobbying levels of
government and informing members on relevant issues. (gas prices, the future of Hwy 11,
the Clean Water Act.)
Carol indicated that the Township would also like to see regular meetings with council
members, staff and chamber members.
Carol agreed to forward more information from the Ontario Chamber to the board and
membership at large.
Mel suggested that the minutes of our meeting should be forwarded to Mayor and
Council in an effort to better inform council of our activities and issues of concern
especially as they relate to economic development.
Linda suggested that an Issues/ Economic Development Committee should be formed to
take on an advocacy and advisory role.
Actions and Follow -up
Carol will forward our minutes to the board to be approved in a format to forward to
Mayor and Council.
Carol will work on developing an Issues /Economic Development Committee.
The roles and responsibilities of this committee will be discussed further at our next
meeting.
9. Next Meeting: Monday June 4 th at 5:00 pm at Settlers Ghost.
I 3- -
}r NOTTAWASAGA VALLEY CONSERVATION AUTHORITY
BOARD OF DIRECTORS MEETING #04 -07
$ Friday, 13 April, 2007
MINUTES
m e
Location:Tiffin Centre for Conservation — John L. Jose Environmental Learning Centre
PRESENT:
Chair: Fred Nix
Vice Chair: Walter Benotto
Members:
Sandy Agnew
Rick Archdekin
Mary Brett
Orville Brown
Reg Cowan
John Crawford
Dennis Egan
Tom Elliott
Sonny Foley
Richard Lloyd
Gary Matthews
John McKean
Gord Montgomery
Cal Patterson
Ron Simpson
Joan Sutherland
Bill Van Berkel
Barry Ward
Robert Walker
REGRETS:
David Guergis
Dave Labelle
Sandie Macdonald
Brian Mullin
Percy Way
Town of Mono
Town of Shelburne
Township of Oro - Medonte
Town of Wasaga Beach
Township of Adjala - Tosorontio
Township of Clearview
Township of Springwater
Township of Oro - Medonte
Town of New Tecumseth
Township of Spring Water
Town of Collingwood
City of Barrie
Township of Melancthon
The Town of The Blue Mountains
Township of Mulmur
Town of Wasaga Beach
Town of Bradford West Gwillimbury
Town of New Tecumseth
Town of Innisfil
City of Barrie
Township of Clearview
Township of Essa
Town of Collingwood
Township of Essa
Municipality of Grey Highlands
Township of Amaranth
STAFF PRESENT: CAO /Secretary- Treasurer
Mgr. Administration & Human Resources
Director of Land & Water Stewardship Services
Director of Engineering
Watershed Resource Technologist
Watershed Engineer
Manager of Planning Policy & Regulations
Environmental Officer
Watershed Planner
RECORDER: Laurie Barron, Administrative Assistant
Wayne Wilson
Susan Richards
Byron Wesson
Glenn Switzer
Brian Smith
Tom Reeve
Bev Booth
Hart Hill
Bob Law
Al "w Nottawasaga Valley Conservation Authority 0
t Board of Directors Meeting Minutes
E
No. 04/07
' _ 13 April, 2007
Page 2 of 6
CALL TO ORDER
Chair, Fred Nix called the meeting to order at 9:00 a.m.
INTRODUCTIONS
Chair Nix and the Board of Directors welcomed two new employees to the NVCA. Mr. Hart Hill,
Environmental Officer joins the Planning Department and Mr. Tom Reeve, Watershed
Engineer has joined the Engineering and Technical Services Department. The Board and
Staff of the NVCA look forward to working with these two new employees.
A. MOTION TO ADOPT AGENDA
Item 4.1 Clean Water Act was added to the agenda
RES. # 1 MOVED BY: Bill Van Berkel SECONDED BY: Ron Simpson
RESOLVED THAT: The Agenda for Board of Directors Meeting #04 -07 dated 13 April, 2007
be adopted as amended.
Carried;
B. PECUNIARY INTEREST DECLARATION
None declared
C. MINUTES
Minutes of Board of Directors Meeting 03107, dated 9 March 2007
RES. # 2 MOVED BY: Bill Van Berkel SECONDED BY: Ron Simpson
RESOLVED THAT: The Minutes of the Board of Directors Meeting 03107, dated 9 March
2007, be approved.
Carried;
Draft Minutes of the Executive Meeting 03/07 dated 23 March 2007
RES. # 3 MOVED BY: Bill Van Berkel SECONDED BY: Ron Simpson
RESOLVED THAT: The Draft Minutes of the Executive Meeting 03 -07 dated 23 March 2007
be received.
Carried;
D. BUSINESS ARISING FROM MINUTES
Items discussed:
• Res. #6 of the Executive Minutes
Mary Brett, member from Adjala- Tosorontio questioned the costs associated with
acquiring the Niagara Escarpment properties. Byron Wesson advised that the
costs would be minimal
Item 10.2, item #3 of the Executive Minutes
Dennis Egan, member from New Tecumseth commented on the Executive
Summary of the Board of Directors meeting. A meeting highlight will be provided to
the members on an ongoing basis.
E. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
The Board of Directors identified item(s) # 1 through 5 for discussion.
STAFF REPORTS
REPORT OF DIRECTOR OF LAND AND WATER STEWARDSHIP SERVICES
Land Management — Minesing /Osprey Wetlands
RES. #4 MOVED BY: Richard Lloyd SECONDED BY: Sandy Agnew
WHEREAS: Staff have recommended the cost of a one year permit to hunt on NVCA
owned lands within the Minesing and Osprey Wetlands be increased to $40.00 for
watershed residents and $75.00 for non - residents of watershed member municipalities;
and,
WHEREAS: The proposed increase is to assist with future management needs; and,
WHEREAS: The Executive Committee endorses this increase; therefore,
BE IT RESOLVED: That the NVCA Board of Directors approve the permit increase.
Carried;
2. REPORT OF THE MANAGER OF PLANNING POLICY AND REGULATIONS
2.1 Permits for Ratification
RES. #5 MOVED BY: Richard Lloyd SECONDED BY: Ron Simpson
RESOLVED THAT: The Permits /Approvals issued by staff for the period February 1 to
March 29, 2007 be approved.
Carried;
Nottawasaga Valley Conservation Authority
Board of Directors Meeting Minutes
,I
No. 04/07
13 April, 2007
Page 4 of 6
"-
2.2 Planning Fee Schedule Update
The NVCA Planning and Development review fee schedule was amended to
provide clarification around Condominium fees and minor works. The revised
fee schedule is on the NVCA website.
RES. #6 MOVED BY: Sandy Agnew SECONDED BY: Richard Lloyd
RESOLVED THAT: The Planning Fee Schedule dated April 13, 2007 be approved as
amended.
Carried;
3. REPORT OF CAO /SECRETARY TREASURER
3.1 Board of Director Meeting Highlights
The members will receive a Meeting Highlight of each Board of Directors
meetings. The Chair will approve the Highlights before they are circulated.
3.2 2007 — 2009 Business Plan
RES. #7 MOVED BY: Tom Elliott SECONDED BY: Orville Brown
RESOLVED THAT: The Board of Directors approves the 2007 -2009 Business Plan as
a strategic guidance document providing specific direction for the implementation of the
approved 2007 budget; and further,
THAT: The strategic direction, targets and associated Financial Forecast for the 2008
and 2009 year within the plan be received as general guidance, which is non - binding
on subsequent year budget development and approval.
Carried;
4. NEW BUSINESS
4.1 The Proposed Clean Water Act, Draft Regulations have been posted on the
EBR web site noted below. This proposal has been posted for a 30 day public
review and comment period starting April 12, 2007. The final date for
comments is May 12, 2007. This information will be provided to each of the
NVCA member municipalities. The comments received will be provided to the
Executive for discussion.
http:i/www,ebr.gov.on.ca/ERS-WEB
Extern MT14 &statusld= MT05NTQx &lanquaqe =en
Nottawasaga Valley Conservation Authority
Board of Directors Meeting Minutes
No. 04/07
13 April, 2007
Page 5 of 6
5. CORRESPONDENCE
(a) NVCA Planning Enforcement Jurisdictions
(b) Healthy Waters Workshop Series
(c) Conservation Focus — Ontario Budget 2007 and Federal Budget 2007
(d) Ontario Stone, Sand and Gravel Association dated March 16/07 re:
Request to involve local aggregate producers in the Source Water
Protection Committee.
(e) Press Release dated March 14/07 re: Prime Minister Harper Announces
Support for National Land Conservation Campaign.
(f) Correspondence sent to the County of Simcoe, CAO M. Aitken from W.
Wilson, NVCA CAO /Secretary- Treasurer dated March 20/07 re: The
Proposed Growth Management Process for the County of Simcoe (with a
copy of Jan 3/07 referred to in the correspondence)
(g) Lake Simcoe Region Conservation Authority News Release dated March
20/07 re: Feds Commit $12M to Lake Simcoe
(h) Environment Canada News Release dated March 16/07 re: Canada and
Ontario Continue to Improve the Great Lakes.
(i) Minister of Fisheries and Oceans Correspondence to F. Dobbs, Manager,
Stewardship Services re: NVCA partner Mr. Chris Atkinson selected to
receive one of Canada's Recreational Fisheries Awards for the year
2007.
(j) Correspondence sent to the Secretary general, CRTC dated March 26/07 form
Wayne Wilson, CAO /Secretary Treasurer re: Support of the Weather Network.
(k) Correspondence sent to the Registrar, Mining and Lands Commissioner from
Wayne Wilson, CAO /Secretary Treasurer re: Appeal to the Mining and Lands
Commissioner, J. Dean v. NVCA.
(1) Correspondence from Sandy Agnew, NVCA representative from the Township
of Oro - Medonte re: Pecuniary Interest.
(m) Correspondence sent to Mayor and Council at the City of Barrie, Town of the
Blue Mountains, Township of Essa, Municipality of Grey Highlands, Township
of Melancthon, Township of Mulmur, Township of Oro- Medonte, Town of
Shelburne, County of Simcoe, Town of Innisfil and the Town of Wasaga Beach,
from the CAO /Secretary Treasurer dated April 2/07 re: Resolution to the
Province petitioning sustainable funding for Conservation Authorities.
« 4 4 Nottawasaga Valley Conservation Authority t�
,o �r
Board of Directors Meeting Minutes
No. 04/07
13 April, 2007
Page 6 of 6
(n) Correspondence sent to Mayor and Council at the City of Barrie, The Township
of Oro - Medonte, The Town of Mono and The Township of Melancthon dated
April 2/07 re: Clean Water Act — Role of Conservation Authorities.
RES. #8 MOVED BY: Tom Elliott SECONDED BY: Robert Walker
RESOLVED THAT: Correspondence not specifically dealt with be placed on file.
Carried;
PRESENTATIONS
NVCA Web Site — Susan Richards, Manager of Administration and Human Resources
provided a demonstration of the NVCA new web site (www.nvca.on.ca)
Flood Forecasting and Warning Program - Glenn Switzer, Director of Engineering
and Technical Services and Brian Smith, Water Resource Technologist presented an
overview of the NVCA Flood Forecasting and Warning Program.
Board recessed at 11:10 a.m.
HEARING UNDER SECTION 28, CONSERVATION AUTHORITIES ACT
Board met as HEARING BOARD at 11:15 a.m.
Board reconvened as BOARD OF DIRECTORS at 1:25 p.m.
FUTURE MEETINGS
EXECUTIVE MEETING — April 27/07
BOARD OF DIRECTORS — May 11/07
ADJOURNMENT
RES19 MOVED BY: Barry Ward SECONDED BY: Joan Sutherland
RESOLVED THAT: This meeting adjourn at 1:35 p.m. to meet again at the call of the
Chair.
Original Signed by
Fred Nix, Chair
Dated on the 11 `" day of May, 2007
Original Signed By
Wayne R. Wilson, CAO /Secretary- Treasurer
The Premier
of Ontario
Legislative Building
Queen's Park
Toronto. Ontario
M7A 1A1
May 8, 2007
Le Premier ministre
de I'Ontario
Edifice de I'Assemblee legislative
Queen's Park
Toronto (Ontario)
M7A 1A1
His Worship H.S. Hughes
Mayor
Township of Oro - Medonte
148 Line 7 South
PO Box 100
Oro, Ontario
LOL 2X0
Dear Mayor Hughes:
MAY 1 ,
®{gyp- MEDONTE
j t w.
Thank you for your letter providing me with a copy of council's resolution regarding
long -term care funding. I appreciate your keeping me informed of council's activities.
I note that you have sent a copy of council's resolution to my colleague the Honourable
George Smitherman, Minister of Health and Long -Term Care. I trust that the minister will
also take council's views into consideration.
Thank you again for the information.
Yours truly,
(Q144L.7 M r
Dalton McGuinty
Premier
c: The Honourable George Smitherman
April 30, 2007
The Honourable Dalton McGuinty
Premier of Ontario
Oueen's Park, Room 281
Main Legislative Building
Toronto, ON WA 1 Al
Dear Premier McGuinty:
148 Un, 7 S., Box 100
Oro, (jr:t:; l0 J 01 2X0
:'hone (705}487 2371
Fax :765,437..0153
[�J\
The Corporation of the County of Simcoe has solicited the Township's support in their
request to the Province of Ontario with respect to increasing the funding per diem to
residents of long term care homes in the fiscal year 2007 -2008.
The Township of Oro - Medonte has passed the attached motion in support of The
Corporation of the County of Simcoe's request.
Accordingly, on behalf of Council of the Township, I would respectfully request that you
give favourable consideration to The Corporation of the County of Simcoe's request.
Yours truly,
Hughes
Mayor
Attach.
/jt
cc: Hon. George Smitherman, Minister of Health and Long -Term Care
The Corporation of the County of Simcoe
Members of Council
-
Item 14c)
Glen Knox, Clerk, The Corporation of the County of Simcoe, correspondence
dated April 10, 2007 re: Western Ontario Warden's Caucus.
Motion No. C070425 -21
Moved by Allison, Seconded by Coutanche
Be it resolved that
1. The correspondence dated April 10, 2007 from Glen Knox, Clerk, The
Corporation of the County of Simcoe, re: Western Ontario Warden's Caucus
be received.
That Council support the County of Simcoe's resolution with respect to
increasing the funding per diem to residents of long term care homes in the
fiscal year 2007 -2008 which states:
"Whereas, the Liberal party promised during the 2003 election campaign to
increase funding to long term care homes by $6,000 per resident per annum;
Whereas, a request in 2005 to increase funding in the per diem of $11.19 for
direct care and services to residents was only increased in the 2006107
budget by $1.07;
Whereas, the combined increases since the 2003 Liberal campaign represent
52,307 or approximately one third of the government's $6,000 promise;
And Whereas, significant investment is needed now to meet the immediate
needs of residents;
Now Therefore, Be It Resolved that the Council of the County of Simcoe urge
this government to increase the funding per diem to residents of Long Term
Care Homes in the fiscal year 2007 -2008 by $3,693 per resident, thereby
fulfilling its election promise made in 2003."
3. And Further That the Minister of Health and Long -Term Care and the County
of Simcoe be advised of Council's decision.
Carried.
Page 10
Council Meeting Minutes- April 25, 2007
11
SEVERN TOWNSHIP
RAMARA TOWNSHIP:
ORO- MEDONTE TWP:
Collection /landfill questions: 735 -6901 -
Severn Township Office: 325 -2316
Matchedash Landfill Site
Address: 4576 Upper Big Chute Rd.
Hours: Mon: 8:30 -4:30;
Sun: 10 -4 (Summer 10 -6)
Collection /landfill questions: 735 -6901
Ramara Township Office: 484 -5374
Mara Landfill Site
Address: 5200 County Rd. 169
Hours: Mon -Wed: 9:00 -4:30;
Sat: 9:00 -3:30
Collection /landfill questions: 735 -6901
Oro - Medonte Township Office: 487 -2171
Oro Landfill Site
Address: 610 Old Barrie Rd. W.
Hours: Mon -Fri: 8:30 -4:30;
Sat: 9:00 -3:30
NOTE: For all, inquiries about County landfills or waste collection
issues, please have the customer call the County of Simcoe,
Environmental Services at 735 -6901 or toll free at 1- 800 - 263 -3199
September 18, 2006
Bulletin Board Notice rv,
NOTICE TO TOWNSHIP RESIDENTS
The following is a notice to residents from the Townships of Severn, Oro -
Medonte, and Ramara about the use of the City of odilia's Waste Diversion Site
(landfill) located at 100 Kitchener Street, Orillia:
Townshio Residents May Drop Off:
Household hazardous waste (no charge). Some acceptable items include
paint, batteries, oil and oil filters, fluorescent tubes (limit 30 per visit),
solvents, pesticides, disinfectants, propane tanks, etc. Hours of operation
for the Household Hazardous Waste Depot are Monday to Saturday 8:30
a.m. to 12:30 p.m.
Readily compostable material (kitchen organics, leaves, grass, woodchips
excluding sawdust). A fee of $30 per tonne applies for Township residents
only.
Township Residents May Not Drop Off:
Regular garbage
Electronics (including computers, televisions, etc.)
Use of other depots at the site (e.g., for scrap metal, gypsum drywall, tires, etc.)
is limited to Orillia residents only. Township residents should cell the County of
Simcoe's Environmental Services at 7354901 or toll free at 1-600- 263 -3199 to
find their nearest landfill.
Please call the City of Orillia's Solid Waste Hotline at 325 -3522 if you have any
questions about what is acceptable.
1 x
TOWNSHIP OF ORO =MEDONTE
=1:101 .
Dept. Report No. TR2007 -13
To: Council
Prepared By: Paul Gravelle
Council
C. of W.
Motion #
Date:
Subject: Banking Proposals
Department: Treasury
Date: May 17, 2007
R.M. File #:
Roll #:
The municipality invited the following banks to submit proposals for the provision of banking services:
Bank of Montreal
Bank of Nova Scotia
CIBC
National Bank
Royal Bank
TD Canada Trust
Proposals were received from all of the above.
Please find under separate cover an analysis of the banking proposals. The proposals were
evaluated by comparing the various terms to banking activity for the twelve month period of April 1,
2006 to March 31, 2007.
The analysis reveals that TD Canada Trust proposal would result in the greatest additional net
revenue for the municipality, being $11,168 annually.
It should be noted that the municipality has not required a line of credit for several years. However, in
the event that a line of credit would be required in the future, TD Canada Trust's rate on this
borrowing is the most favorable to the municipality of the rates proposed.
We would therefore recommend that the TD Canada Trust proposal be accepted.
It should be noted that conversion costs will consist mostly of the cost to print new cheques. TD
Canada Trust will contribute up to $500 towards this cost.
RECOMMENDATIONS
1. THAT Report No. TR2007 -13 be received and adopted.
2. THAT the proposal for banking services from TD Canada Trust be accepted.
3. THAT the Treasurer is authorized to take the required action to convert the municipality's banking
activities to TD Canada Trust.
Respectfully submitted,
Paul Gravelle
Treasurer
C.A.O. Comments:
cam` �Jj
V
C.A.O.
Date: ✓ 1 "
Dept. Head
rile
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Gad
�1 -
TOWNSHIP OF ORO- MEDONTE
REPORT
Dept. Report No.
To:
Prepared By:
BP 2007- 019
Council
Adam Kozlowski, B.URPL
Planner
Subject:
Department:
Council
Building & Planning
Zoning By -law
Services
C. of W.
Amendment for Doug
Date:
Shelswell
May 23, 2007
Motion
West % Lot 18
R.M. File #: D14 35966
#
Concession 14 (Oro)
Application # 2006 -ZBA-
191 Line 13 South
16
Date:
Roll #: 010 -012 -01600
The purpose of this report is to consider a proposed Zoning By -law Amendment
Application submitted by Doug Shelswell on December 14, 2006. The rezoning
application has been submitted to fulfill a condition of approval for Consent Application
2006 -B -11, which was granted by the Committee of Adjustment on November 16, 2006
for the purpose of severing a surplus dwelling from a larger agricultural property due to
a farm consolidation. The applicants also own the 40 hectare (100 acre) parcel
abutting the subject lands to the east, which was re- created by way of a technical
severance in 2005. The applicants' total agricultural land holdings consist of 5 holdings,
averaging 40 hectares (100 acres) per parcel.
The rezoning application applies to lands described as 191 Line 13 South, being
Concession 14, Part of the West' /2 of Lot 18, in the Township of Oro - Medonte (formerly
Township of Oro). The subject land comprises an area of approximately 40.8 hectares
(101 acres), and is proposed to be rezoned from the Agricultural /Rural (A/RU) Zone to
the Agricultural /Rural Exception (A/RU*176) Zone. Consent Application 2006 -B -11 will
create a 2 hectare (4.96 acre) lot containing an existing surplus farmhouse and other
outbuildings. As part of provisional approval for the Consent, the applicant is required
to apply for a rezoning with the purpose of prohibiting the construction of a single
detached dwelling on the balance of the agricultural property.
OFFICIAL PLAN:
The Township Official Plan places high priority on the protection and preservation of
farmland and agricultural operations from incompatible land uses. Section D2 of the
previous Official Plan, being in force at the time of application, outlines four overarching
objectives for lands within the Agricultural designation:
D2.1 OBJECTIVES
• To maintain and preserve the agricultural resource base of the
Township.
• To protect land suitable for agricultural production from
development and land uses unrelated to agriculture.
• To promote the agricultural industry and associated activities and
enhance their capacity to contribute to the economy of the
Township.
• To preserve and promote the agricultural character of the Township
and the maintenance of the open countryside.
The subject land and immediate surrounding properties would appear to be original
Township lots, up to 40 hectares (99 acres) in size or greater, and consist
predominantly of active agricultural operations. As well, there appear to be relatively
few residential lots in the immediate vicinity, reflecting that this portion of the Township
has retained its historical agricultural character. As a result of the rezoning, a single
detached dwelling will not be a permitted use on the subject lands, thereby protecting
existing agricultural operations and the rural character of the area from further
residential development. On this basis, the application will serve to maintain the
objectives for the Agricultural designation as prescribed by the Official Plan.
ZONING BY -LAW:
The lands subject to this application is zoned Agricultural /Rural (A/RU) Zone, and
consists of approximately 40.8 hectares (101 acres) of prime agricultural land. The
minimum lot size in the A/RU Zone for an agricultural use is 2 hectares (4.94 acres).
Permitted uses in the A/RU Zone include "agricultural uses, custom workshops,
equestrian facilities, hobby farms ", and other farm - related uses. Single detached
dwellings are also a permitted use. As a result of this application, all permitted uses
with the exception of a single detached dwelling will continue to be permitted, in
keeping with the intent for the property to be used solely for agricultural or related uses
2
and not for additional residential development, as required under the Provincial Policy
Statement. As such, this application generally complies with the standards of the A/RU
Zone as prescribed in the Zoning By -law.
DISCUSSION:
The Provincial Policy Statement (PPS) provides general planning principles and
requires that decisions at the local level be consistent with Provincial policy. In respect
to the creation of lots in prime agricultural areas, Section 2.3.4 of the PPS discourages
lot creation, however, allows for a lot to be created based on certain circumstances.
For the purpose of the application at hand, Subsection 2.3.4.1 states:
"2.3.4.1 tot creation in prime agricultural areas is discouraged and may
only be permitted for:
c) a residence surplus to a farming operation as a result of farm
consolidation, provided that the planning authority ensures that new
residential dwellings are prohibited on any vacant remnant parcel of
farmland created by the severance. The approach used to ensure that
no new residential dwellings are permitted on the remnant parcel may be
recommended by the Province, or based on municipal approaches which
achieve the same objective"
As stated above, the PPS policy allows the creation of a lot for a residence surplus to a
farming operation as a result of farm consolidation. The Committee of Adjustment was
satisfied that Consent Application 2006 -B -11 met with the intent of the PPS.
However, the PPS also gives the local municipality authority to regulate future
development on the retained agricultural lands, and as a result of conditional approval
for Consent Application 2006 -B -11, the applicant must rezone the retained lands to
prohibit the construction of a single detached dwelling. However, in this case, the
construction of agricultural buildings (such as silos and livestock facilities) will be
permitted in future, in order to encourage the continued agricultural uses on the
retained lands, and to protect existing or future agricultural operations from
incompatible land uses.
The Ontario Ministry of Agriculture, Food and Rural Affairs ( OMAFRA) was consulted
with respect to the original Consent Application, in particular to provide technical
assistance with respect to situations of farm consolidation and severances in prime
agricultural areas. OMAFRA has reiterated that the Provincial Policy Statement (PPS)
does provide policy with respect to severances in prime agricultural areas, and in this
case dwellings rendered "surplus" may be severed in the event of farm consolidation.
OMAFRA has also indicated that municipalities must "ensure that no new residential
dwellings are permitted upon the remaining [retained] parcels'. Further, the comments
3
indicate that the retained lands, being in a "cash crop or livestock area" should consist
of a minimum of 38 hectares (94 acres) to be considered viable.
The County of Simcoe has also been circulated this application for comments. In
general, the County observes that the PPS does allow for the severance of surplus
dwellings due to farm consolidations, and that municipal decisions must be consistent
with the PPS. In addition, the County of Simcoe Official Plan, under Section 3.3.3
states that "new lots for agricultural uses should generally not be less than 35 hectares
(86 acres) ". As the subjects lands consist of 40.8 hectares, the minimum lot size to be
considered viable for agricultural use is maintained.
A statutory public meeting was held on April 11, 2007. Agencies and neighbours were
circulated notice of the meeting, and no objections or comments were received.
As the proposed Zoning By -law Amendment intends to prohibit residential development
on prime agricultural lands, the rezoning would therefore conform to the intent of the
2005 Provincial Policy Statement, OMAFRA guidelines, the County of Simcoe and
Township Official Plans, and the Township Zoning By -law.
RECOMMENDA
It is recommended:
1. THAT Report BP 2007 -019 be received and adopted; and
2. THAT Zoning By -law Amendment Application 2006- ZBA -16 for Doug Shelsweil,
that would rezone the lands described as West Y2 Lot 18, Concession 14, (Oro),
Township of Oro - Medonte, 191 Line 13 South on Schedule A11 of Zoning By-
law 97 -95 (as amended) from Agricultural /Rural (A/RU) Zone to
Agricultural /Rural Exception 176 (A/RU *176) Zone be approved; and
3. That the Clerk bring forward the appropriate By -law for Council's consideration.
Reviewed by:
$4624�X_
Glenn White, MCIP, RPP
Senior Planner
X
M
r
W
2
Surplus Dwelling
Lot to be severed
App. 2006 -13-11
r
Subject Property
Lands to be rezoned
from A/RU to A /RU *176
to prohibit construction of
single detached dwelling
Lands also owned
by applicant
TOWNSHIP OF ORO- MEDONTE
REPORT
Dept. Report No.
RC2007 -07
To:
Council
Prepared By:
Shawn Binns
Council
C. of W.
Motion #
Date:
Subject:
Request for Arena
Concession Contract
Renewal
Department:
Parks and Recreation
Date: April 25, 2007
R.M. File #:
Roll #:
BACKGROUND:
In 2005 Tender Contract PR2005 -01 was released for the operation of the concession booth at the Oro -
Medonte Community Arena for the "Ice Season" commencing the 2nd week of September through the second
week in April. Art Dubeau of Two Ducks submitted the sole tender and was awarded a two year contract in the
amount of $4500 inclusively. The contract with Mr. Dubeau (Two Ducks) is now expired. Mr Dubeau has
proposing a three year contract for the continued of operation of arena concession (See attachment 1).
Since 2005 Mr. Dubeau has done an excellent job in the provision of concession services at the Oro- Medonte
Community Arena. Mr. Dubeau has provided excellent customer service, and has added to the positive image
of the arena. The Department has received many compliments from residents and arena users regarding Mr.
Dubeau, his service and his product. Mr. Dubeau has also assisted local community groups with their
fundraising efforts a recent example of this was working with the Lions Club to raise funds for a defibulator. A
three year "ice season" contract is being proposed in the amount of $7250.00 inclusively.
By -Law 2004 -112 establishes Purchasing and Tendering Procedures, Section 7 of this By -Law provides
exceptions allowing a Department Head deeming it necessary to, or in the best interest of the Township to
acquire goods or particular services from a particular source that a report be prepared for Council's
consideration and approval.
Mr. Dubeau's request for contract renewal is reasonable, and would save a $900 expense to advertise for
request for tender.
It is being recommended that Council give favourable consideration to a 3 year contract with Art Dubeau in the
amount of $7250 dollars inclusively, and that Council waive the requirements of By -Law 2004 -112.
1. THAT Report No. #RC2007 -07 be received and adopted
2. THAT Council waive the requirements of By -Law 2004 -112 to renew the contract to Art Dubeau for three
years in the amount of $7250.00 inclusively commencing September 2007.
3. THAT the Clerk bring forward the appropriate By -Law for Council's consideration
4. THAT Mr. Art Dubeau be advised of Council's decision. r) r`R,
Respectfully Submitted,
Shawn Binns
Manager of Recreation and Community Services
-2-
April /19/07
Sean Binns,
Please except this letter as a request for snack bar services at Oro - Medonte Community
Center.
I propose a 3 year contract for the following amounts:
Season 2007/08 -
Season 2008/09 - $:
Season 2009/10 - $: 1
As well please consider TWODUCKS to supply and service the pop vending machine as
well as the renting the small pop storage room for $500 per season.
Thank you for your support and cooperation.
For further discussion please contact me at:
Email: Two_ducks @yahoo.com
Phone contact:
Art Dubeau
TOWNSHIP OF ORO- MEDONTE
MEMORANDUM
To: Council
cc: CAO
From: Shawn Binns R.M. File #:
Date: May 14, 2007 Roll #:
Subject: Naming of the 4th Line Trail at Horseshoe Valley
In 2006 a 1 km walking trail was established at the 4 "' line park adjacent to the Ian Beard Community
Complex. In 2007 the parking lot has been completed and a grand opening is opening planned for
June 9 as part of environment week. The 1 km loop trail is the start of a trail network that is planned
for further expansion and to further link with existing trails.
In order to move forward with the naming of the trail the Recreation Technical Committee was asked
for suggestions and it was recommended that the trail be named the Lahuaru Trail.
The following background on Bill Lahuaru was provided by Reta Regelink a member of the
Recreation Technical Committee:
"Bill and Selma Lohuaru, originally from Estonia. Bill was a builder in the Toronto area first, came to
the area in late 1950's early 1960's. At the time the area at the top of 3rd and 4th line in Oro was
known as "Hungry Hollow ". The road known today as the Horseshoe Valley Road, was not a through
road. Hungry Hollow as a virtual impasse. There was a natural water source at the bottom of the
hill were the local farmers watered their livestock, at the top of the hills it was "blow sand ". Bill
Lohuaru seized the opportunity to purchase a number of farms, and created the ski hills, and the first
subdivisions in the area "Cathedral Pines ". Eventually he developed more and more and the resort
became a landmark location with of course the through road that connected both sides of the
township. Personally we moved into one of the farms owned by Bill Lohuaru in 1982 and provided
the resort with an equestrian program for 14 years. The resort grew during this time to include,
Timeshare, Hotel, Golf courses and huge housing developments. Bill Lohuaru did take in partners
for the resort part when the hotel and timeshare was developed. They included John "Bud"
Cockburn lawyer still a resident in the valley as far as I know and Arch Brown, owner of the Canadian
Tire stores in Barrie. The land around the resort remained sole ownership of Bill Lohuaru and he
continued to build homes. It was not until around 1990 that the majority was sold to a numbered
company. I believe Bill still kept some lots back and continued to build homes until just the last few
years."
It is being recommended that the 4m Line Trail be named the Lahuaru trail and that Bill Lahuaru be
invited to join Council at the official opening of the trail on June 9m
Sincerely,
Shawn Binns
Manager of Recreation and Community Services
r)
ORO- MEDONTE
RECREATION TECHNICAL SUPPORT GROUP
MINUTES
Thursday, April 5th, 2007 @ 7:00 p.m.
Administration Centre
Present: Councillor John Crawford, Mayor Harry Hughes, Councillor Mel
Coutanche, Bob Gregory, Ted Duncan, Reta Regelink, Carolyn
Tripp, Mac Shiells
Staff Present: Shawn Binns, Manager of Recreation & Community Services
Chair: Councillor John Crawford called the meeting to order at 7:00 p.m.
1. Adoption of Agenda
RTS070405 -01:
Moved by Mac Shiells, Seconded by Reta Regelink
It is recommended that the agenda for the Oro - Medonte Recreation Technical
Support Group meeting of Thursday, April 5th, 2007 be adopted.
Carried
2. Disclosure of Pecuniary Interest:
I�i�
3. Adoption of the Minutes:
RTS070405 -02:
Moved by Reta Regelink, Seconded by Mac Shiells
It is recommended that the Minutes of the Oro - Medonte Recreation Technical
Support Group meeting of Tuesday, February 20th, 2007 be adopted.
Carried
4. Deputations:
None
5. Items for Consideration /Discussion:
(a) Members goals f philosophy f raison d'etre
Chair John Crawford asked each member to give their reasons for volunteering
for this specific group. The salient points of each member are as follows:
1 , I
Bob Gregory: Was a member of the last Group and wants to see the
development of the community. Would like to see the Railtrail improved and
marketed and wants to review community halls
Ted Duncan: Has a background in Sports and is also a retired teacher. Would
like to see the Township develop a strategy to support community groups
involved with youth, perhaps by forming partnerships and development of
facilities.
Mel Coutanche: Recreation should be the highest priority. Wants to help
improve overall recreation programs within Oro - Medonte and form partnerships.
Reta Regelink: Concerned about the tourist who is looking for things to do within
the Township. Suggested we should have a tourism map indicating places to visit
and the Group should take an active role in the promotion of Township Parks,
Facilities and Amenities
Mac Shiells: Recreation is a big draw. Sees this group as a conduit to get the
communities needs to Council and also to be selective in where funds are spent
ensuring that value is added to the process.
Carolyn Tripp: As a mother of two small children, she is aware of what is and
isn't available regarding recreation. Would like to use her experience at
Gravenhurst [15 years as a planner] (ideas that did or didn't work, funding that
may be available). Would like to ensure that there is a recreation aspect to
planned developments and that the facilities we have can be improved upon.
Mayor Harry Hughes: Would like to bring about the same program as he had
with the school board, reaching children who really need it. Would like to see
individual Recreation Technical Support Group members head sub committees
i.e. Sweetwater Park as there is lots of work to be done.
Chair John Crawford: Sees this Group taking Oro - Medonte Recreation to the
next level. Having been involved in Community Halls, knows the struggle the
volunteers have. Is a strong advocate of programs run by volunteers. Believes
there is a need for plans for the development of the 60 acres at Guthrie.
(b) Why resident representation grew from three to five
Mayor Hughes indicated that as he had stated earlier, there is a lot of work to be
done by the Recreation Technical Support Group during this term
(c) Joint Use Agreement with Simcoe County School Board
Shawn provided an overview of the draft joint use agreement with the Simcoe
County District School Board and reviewed fee schedules and benefits of
agreement.
Mayor Hughes indicated that there were some groups using the schools now and
paying a fee, however, the fee will be reduced and they would receive a rebate.
He also indicated that Shanty Bay Community Centre was a separate issue
Several questions were raised and Chair Crawford suggested that to speed
up the process, members should read the agreement over at home and get back
to Shawn with comments by Friday, April 13th then Shawn can take it directly to
Council.
r,
RTS070405 -03:
Moved by Carolyn Tripp, Seconded by Reta Regelink
It is recommended that the Joint Agreement with Simcoe County School Board
presentation made by Shawn Binns, Manager of Recreation and Community
Services be received. And further, that the group forward their comments to Shawn
Binns by Friday, April 13th. And Shawn is to take a compilation of comments to
Council.
Carried
(d) Permitting system
Margaret Prewer, Recreation Assistant, gave an overview of the steps taken
when a booking is made for any facility.
Shawn indicated that the group must sign off for cancellation as we are currently
losing revenues. He also asked how we define who should give us proof of their
insurance indemnifying the Township, that we need a system to separate
individuals from groups and the types of events. He informed the Group that we
should have something in place by the end of summer so we can inform user
groups prior to the ice season beginning.
Questions were raised over the Group dealing with the Risk Management Policy.
It was felt that they did not have the expertise to deal with it. However, it was
agreed that Council should be made aware of their concern that it had still not
been finalized.
Shawn indicated that Cowan Risk Management was going to be conducting a risk
assessment and make recommendations to bring it in line with other
municipalities. He would report back to the Group regarding the outcome of the
discussion with Cowan.
Questions were also raised about soccer fields and permits and fees to be
applied. This will be reviewed with fees report in June.
RTS070405 -04:
Moved by Ted Duncan, Seconded by Mac Shiells
It is recommended that the Permitting system presentation made by Shawn Binns,
Manager of Recreation and Community Services be received.
Carried
(e) Community Halls
Shawn indicated that not all Community Halls were covered under the Alcohol
Risk Management Policy and that in meeting with the Hall Boards it was
discovered that those excluded were not aware and had /have bookings where
alcohol was /will be served. He felt that the document needed to be easier to
administer for the Community Halls also. {
Concerns were raised about circulating this policy again for the new Group to go
through. It was indicated that the document contained the best of all Risk
Management Policies and it would take a lot of this Group's time.
RTS070405 -05
Moved by Carolyn Tripp, Seconded by Ted Duncan
It is recommended that the Alcohol Risk Management Policy presentation made by
Shawn Binns, Manager of Recreation and Community Services be received. And further
that it be referred to staff for a report.
Carried
(f) Community Capital RE: Parkland Development
Chair Crawford gave an explanation of how the neighborhood playground 50/50
works.
Shawn informed that the 50/50 policy with current wording does not take into
consideration "in kind" as part of the 50% of the neighborhood share.
A discussion ensued wherein it was suggested that local businesses may be
willing to donate materials if they get a tax receipt and a sign recognizing their
efforts. The policy should also give Council the latitude to decide what part of
the equipment should be installed and at what stage.
It was also indicated that a planning policy should be developed to determine
what is to be included in parkland by the developer. A lot with grass on it should
no longer be accepted as a park. It should have playground equipment, trees
and landscaping.
RTS070405 -06
Moved by Ted Duncan, Seconded by Carolyn Tripp
It is recommended that the Community Capital RE: Parkland Development presentation
made by Shawn Binns, Manager of Recreation and Community Services be received.
And further that it be referred to staff for a report.
Carried
(g) Updated Sweetwater Park plans
Mayor Hughes gave a short discourse on the background of this project from the
acquisition of the land to the public meetings held which brings us to where the
project is now. He suggested that there should be a connection from the Line 4
trail through to the park. He further suggested that as a next step a sub
committee should be created with members of the two communities the park will
serve. The Group should attend the next public meeting and form the sub
committee from the attendees.
The question of forming a committee from a public meeting was brought forward
and the Mayor indicated it could be done. However, there should be forms for
them to complete to question what the applicants' priorities were. The form
should also be placed at several locations.
?Jb_x1
6. Correspondence:
None.
7. Other Business:
Questions & Discussions
Bob Gregory informed the Group that the latest issue of the Hawkester was now
available. He invited members of the Group to join the free pancake breakfast on
April 21 s` and then go on their tour of the community.
Shawn Binns suggested that a Saturday date be set to tour Community Halls and
meet members of the Hall Boards and to also visit key parks with which we will be
dealing. The date of May 5th at 9:OOam with the group meeting at the
Administration Centre was put forth. Members would check their calendars an e-
mail the recreation department.
8. Other /New Business (Information or request for future information):
None.
9. Adjournment:
Motion by Mac Shiells, Seconded by Carolyn Tripp
It is recommended that we do now adjourn at 9:45 p.m.
Carried.
The next meeting will be held on Thursday, May 3`d at 7:00 pm in the Robinson Room of the Administration Centre.
Committee of Adjustment Minutes { S, C
Thursday May 17, 2007, 9:30 a.m.
In Attendance: Chairperson Lynda Aiken, Member Rick Webster, Member Bruce
Chappell, Member Garry Potter, Member Michelle Lynch, Secretary- Treasurer
Adam Kozlowski
1. Communications and Correspondence
Correspondence to be addressed at the time of the specific hearing.
2. Disclosure of Pecuniary Interest
Chairperson Lynda Aiken declared a Pecuniary Interest with respect to
Variance Application 2007 -A -10 and existed the Council Chambers.
Committee voted to appoint a Chairperson to hear the first application:
Moved by Garry Potter, Seconded by Rick Webster that:
"Member Michelle Lynch be appointed to serve as acting Chairperson to
hear Variance Application 2007 -A -10
.Carried"
Committee of Adjustment -May 17, 2007
Page 1
3. Hearings:
9:30 Michele & Richard Wainman 2007 -A -10
Lot 18, Concession 1
951 Penetanguishene Road
(Former Township of Oro)
In Attendance: Michele & Richard Wainman, applicants
Ted Snider made presentation to Committee, indicating no objection to the
application.
Motion No. CA070517- 1
BE IT RESOLVED that:
Moved by Rick Webster, seconded by Bruce Chappell
"Committee grant Variance Application 2007 -A -10 subject to the following
conditions:
1. That the applicant obtain the necessary permit(s) and approval(s) from the
Nottawasaga Valley Conservation Authority, if required;
2. That the applicant obtain the necessary permit(s) and approval(s) from the
County of Simcoe, if required;
3. 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.
4. That all work be completed according to Ontario Building Code
Requirements on or before May 17, 2008;
...Carried."
Committee of Adjustment -May 17, 2007
Page 2
9:40 Larry Tupling 2004 -A -36 (Revised)
31 Bards Beach Road
Plan 546, E Pt. Lot 6
(Former Township of Orillia)
In Attendance: Larry Tupling, applicant.
Secretary- Treasurer Adam Kozlowski read letter from C.T. Strongman
Surveying Ltd. dated May 16, 2007 verbatim to Committee and members of
the audience.
Motion No. CA070517- 2
BE IT RESOLVED that:
Moved by Bruce Chappell, seconded by Garry Potter
"Committee grant an amendment to Condition No. 4, as originally approved by
Variance Application 2004 -A -36 as follows:
4. That the proposed enclosed structure be no closer than 1.31 metres (4.3
feet) from the westerly interior side lot line
...Carried"
Motion No. CA070517- 3
BE IT RESOLVED that:
Moved by Bruce Chappell, seconded by Lynda Aiken
"Committee grant Variance Application 2004 -A -36 (Revised) subject to the
following conditions:
1. 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;
2. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by 1) pinning the footing and 2)
verifying in writing prior to pouring of the foundation by way of survey /real
property report prepared by an Ontario Land Surveyor;
3. That the structure be no closer than 10 metres (33 feet) from the average
high water mark of Bass Lake;
4. That the applicant obtains approval and a permit, if required, from the
Nottawasaga Valley Conservation Authority.
.....Carried."
Committee of Adjustment -May 17, 2007
Page 3
9:50 Larry & Donna Jerry 2007 -B -09
6156 Line 4 North
Pt. Lot 21, Concession 4
(Former Township of Medonte) I
In Attendance: Larry & Donna Jerry, applicants.
Secretary- Treasurer Adam Kozlowski read letter from Deborah L. Wall -
Armstrong dated April 26, 2007 and; letter from Larry & Donna Jerry dated
March 22, 2007 and; letter from Ronald Devitt dated March 21, 2007
verbatim to Committee and members of the audience.
Motion No. CA070517- 4
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Garry Potter
"Committee grant provisional consent to Application 2007 -B -09 subject to the
following conditions:
1. That three copies of a Reference Plan for the subject land indicating the
severed parcel be prepared by an Ontario Land Surveyor be submitted to
the Secretary- Treasurer;
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
3. That the applicant provide verification to the Township Building
Department that septic requirements under Part 8 of the Ontario Building
Code are maintained;'
4. That the severed lands be merged in title with 6156 Line 4 North, and that
Subsection 3 or 5 of Section 50 of The Planning Act apply to any
subsequent conveyance or transaction involving the subject lands;
5. That the applicants solicitor provide an undertaking that the severed lands
and the lands to be enhanced will merge in title;
6. That all municipal taxes be paid to the Township of Oro - Medonte;
7. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of the notice.
Carried ".
Committee of Adjustment -May 17, 2007
Page 4
4. Other Business
Adoption of Minutes from April 19, 2007 Committee of Adjustment
Hearing
Motion No. CA070517- 5 3 ��
BE IT RESOLVED that:
Moved by Rick Webster, Seconded by Michelle Lynch
"That the minutes for the April 19, 2007 Committee of Adjustment Meeting be
adopted as printed and circulated
5. Adjournment
Motion No. CA070517- 6
BE IT RESOLVED that:
Moved by Bruce Chappell, Seconded by Garry Potter
"We do now adjourn at 12:30 pm
...Carried."
... Carried."
(NOTE: A digital recording of this meeting is available for review.)
Chairperson
Lynda Aiken
Secretary- Treasurer
Adam Kozlowski
Committee of Adjustment -May 17, 2007
Page 5
HORSESHOE U RESORT
May 14, 2007
The Honourable Harry Hughes
Mayor, Township of Oro - Medonte
148 Line 7 South
Oro, Ontario
LOL 2X0
RE: Canada Day 2007
Dear Mayor Hughes,
MAY 16 2001
ORO- MEDONTE
Please accept this as an invitation to you, your staff and their families to join us at
Horseshoe Resort to celebrate the birthday of our great nation on Sunday, July ln,
2007.
Our Canada Day festivities begin at 5:00 pm and continue throughout the evening
winding up with the singing of our national anthem and a gala fireworks display at 10:00
pm. We would be honoured to have you attend and say a few words and assist us with
the cutting of Canada's birthday cake!
As in the past, the Township of Oro- Medonte has generously contributed to our Canada
Day celebrations. I respectfully inquire as to the availability of funds this year to help
with this enormous venture, which in past years has brought approximately 5,000 local
residents and guests to our great area. We would be presenting and advertising this
event jointly with the Township to over 10,000 homes in the local area. A response at
your earliest convenience would be greatly appreciated.
We are looking forward to this annual celebration and hope you will attend and
participate in the fun!
Sincerely,
Rowley Ramey
President & General Manager
HORSESHOE VALLEY RESORT LTD.
1101 HORSESHOE VALLEY ROAD, COMP 10, RR 41, BARRIE, ONTARIO, CANADA L:M 4Y8
TORONTO DIRECT: (416) 283 -2988 BARRIE, ORLLLIA, MIDLAND: (705) 835 -2790
EMAIL: mA@HorseshoeR..,t.com FAX #: (705) 835 -6352 WEBSITE: w w.HoiseshoeResomt om
N6 -
Honourable Mayor Harry Hughes and May 15 10
All of Oro Medonte Council Oaa� ao 1NP
We as a community have gathered together two enclosed letters and
signatures to help express our deepest concerns for the safety of All the
students walking to and from the Shanty Bay Public School.
Members of the community attended the Shanty Bay Parents Meeting held
Monday May 14, 2007 to hear what was discussed between the Principal,
Pam Pasmore -Tye, and Mayor Harry Hughes. Insurance fees and liabilities
seem to be the main issue. A possible solution discussed was to extend the
existing path (the north side of Ridge Road) from Shanty Bay Public School
to Line 2 of Oro - Medonte Township.
Whether or not this is the responsibility of Oro - Medonte or Simcoe County,
it needs to be addressed before the next school year begins.
Therefore, the community of Shanty Bay would very much like to be
involved in a discussion with a question and answer period allowed.
We would like this issue on the agenda at the next upcoming council
meeting.
Please respond to Carole Caldwell at 722 -8872 ASAP.
Thank you for your time and consideration.
Honourable Mayor Harry Hughes &
All of Oro - Medonte Council
As concerned parents and members of this community, we have recently learned from
Mayor Harry Hughes that there is a possibility that the township will no longer fund the
crossing guards currently located on Ridge Road in front of Shanty Bay Public School
and at O'Brien Street.
As you are well aware there are a number of drivers that do not abide by the school zone
speed limits on a daily basis and thus the cancellation of the school crossing guards puts
our children in danger.
Please find the attached signatures collected for opposing the cancellation of the crossing
guards.
Sincerely,
Concerned Parents
Encl.
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Honourable Mayor Harry Hughes &
All of Oro - Medonte Council
The community of Shanty Bay is very concerned about the possible removal of our
valued crosswalk people. Our school is located on one of Oro- Medonte's heaviest
trafficked roads.
Therefore without question we are demanding the following two options be considered:
1. The crosswalk people are kept in place.
2. Flashing crosswalk lights are installed.
We need to guarantee the safety of all our children in Shanty Bay. This issue was
supposed to have been discussed at the last council meeting, however, time ran out and it
was left off of the agenda.
We ask you to please make this issue a priority at the next upcoming meeting.
Our children's safety is at risk.
Sincerely,
Concerned Parents/ Caregivers
Y
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Honourable Mayor Harry Hughes &
All of Oro - Medonte Council
As concerned parents and members of this community, we have recently learned from
Mayor Harry Hughes that there is a possibility that the township will no longer fund the
crossing guards currently located on Ridge Road in front of Shanty Bay Public School
and at O'Brien Street,
As you are well aware there are a number of drivers that do not abide by the school zone
speed limits on a daily basis and thus the cancellation of the school crossing guards puts
our children in danger.
Please find the attached signatures collected for opposing the cancellation of the crossing
guards.
Sincerely,
Concerned Parents
Encl.
Pat aL
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Honourable Mayor Harry Hughes &
All of Oro - Medonte Council
As concerned parents and members of this community, we have recently learned from
Mayor Harry Hughes that there is a possibility that the township will no longer fund the
crossing guards currently located on Ridge Road in front of Shanty Bay Public School
and at O'Brien Street.
As you are well aware there are a number of drivers that do not abide by the school zone
speed limits on a daily basis and thus the cancellation of the school crossing guards puts
our children in danger.
Please find the attached signatures collected for opposing the cancellation of the crossing
guards.
Sincerely,
Concerned Parents
Encl.
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The Couchiching
Conservancy
Box 704, Orillia, ON L3 6K7
Telephone 705- 326 -1620
Email: nature@couchconservancy.ca
May 9, 2007
Mayor Harry Hughes and Members of Council
Township of Oro - Medonte
Box 100, Oro, Ontario
LOL 2X0
Dear Mayor and Members of Council:
As you are aware, The Couchiching Conservancy is now the owner of the
property located in the Village of Shanty Bay known as The Church Woods. I enclose a
copy of the Transfer/Deed by which the Conservancy became owner of the property on
February 19, 2007, so that you will have a complete legal description of the property.
We are in the process of having an official land survey of the property prepared by an
Ontario Land Surveyor.
In the meantime, the Conservancy would like to formally request that Council
place the following matter on the agenda for the next Official Plan review for the
Township of Oro - Medonte:
Designation of The Church Woods property under the Official Plan as
Environment Protection or equivalent designation, rather than its current
designation of Rural Settlement.
We appreciate the Township's assistance in this matter, and would appreciate being
notified at the appropriate time when the next Official Plan review is being undertaken.
Sincerely,
Ron Reid
Executive Director
Cc: Catherine Nixon
Protecting the special natural features of the Couchiching region for future generations
Web Site: www. couchconservancy. ca
An Invitation
The Municipal & Land Use Planning Law Group
of Aird & Berlis LLP invites you to attend
our upcoming complimentary client conference
"Things You Need to Know"
Concise Seminar Presentations will include
Bill 51 Amendments Tax & Assesment Labour & Employment
Growth Management Environmental Update Infrastructure
Bill 130 Amendments Confidentiality Council Meetings
Information Technology Case Law Update ...and much more!
Question and Answer Sessions will follow each presentation.
Event Details
Friday June 8, 2007
Nottawasaga Inn
6015 Highway 89, Alliston, ON
Coffee and Muffins 8.30 am
Conference 9am - 1 pm
Lunch will be served at 1 pm
Golf (9 -hole Round) 2:45 pm
Please note that we have arranged a limited number of 9 -hole golf
rounds with carts commencing with a staggered start at 2:45 p.m.
When responding, please state whether you would like to
join us for a round of golf.
As our last conference was well attended, we ask that you kindly RSVP
as soon as possible so as not to be disappointed.
Please RSVP to7ahra Allot& atzmalik@airdbeiis.corn,
or by teletphone at 416.865.4737
Main
From:
'Robin de Villiers"
To:
"Harry Hughes"
Sent:
Sunday, May 13, 2007 12:36 PM
Subject:
draft
Dear Mayor and Council.
1) 1 am a continuing member in good standing of the Canadian Kennel Club since 1993.
2) OSPCA Barry Mitchell has visited and documented no concerns with the facilities or care of my dogs.
OSPCA Lisa Cain issued a fine on March 30/07 for "owning more than two dogs without a Kennel License ".
I paid the fine of $125 on April 12/07.
3) 1 have five dogs and current tags for three dogs.
I desire to comply with the requirements of the "Animal Control Bylaw" of which I have a copy.
4) There are many extenuating circumstances inhibiting immediate compliance to the "Animal Control Bylaw ".
5) At present, I am looking for a site where 1 will be able to comply.
In this interim, I request to be permitted to keep 5 dogs.
[Cidt4Rif=11L=1
Page l of 1
5/23/2007
J4i1 'J 1LVOt 1 y_0 4 FAA ddtozza 1:MiUAG- ANiM8L- HuSrilHL to"V U'IVi
'��.�Ji
May 14, 2007
Dear Mayor Hughes and Council:
As Robin de Villiers' vetennarian since 1997, I can cell you that she is meticulous in the care and
husbandry of her Australian Shepherd dogs. These animals are in excellent condition both physicallv
and mentally and she takes great pride in haying [nerd so. Up until last month wilen I did a housecail
for her, I had only seen her dogs in my rospital. I was rherefore able to assess their care first hand at
her home and it confirmed what I had witnessed in rav hospital over these past 1i years of caring
for them.
Feel free to call me if you have any questions or concerns.
aarba AChidiac, D*V-M
34d5'FEN'ETANCUISNENE ROAD, HILLSOALE, ONTARIO LOL IVO 0 ('705) 833 -7005 FAX (7O5) 835 -2292
May 17, 2007
MAY 18 2007
The Hon. Harry Hughes, Mayor I ORO- MEDONTE
Council of Oro - Medonte TownshipTOWNSHIP
We, the three abutting neighbours, agree that the township will construct a
limestone path in front of our properties. This path will begin at the newly
placed markers (just beyond the new driveway of 62 Lakeshore Promenade)
and continue to the entrance of the park. Fresh sod will be laid on each side
of the new path in order to retain a natural look. As a preference to the
limestone path, and in keeping with the rest of the promenade, the area could
be totally sodded.
Locator: 46 Stanley Avenue/
46 Lakeshore Promenade
Hawkestone, ON LOL 1 TO
Owners: Tom Foster & Eva Kroger
Locator: 51 Stanley Avenue
Hawkestone, ON LOL 1T0
Owners: Jerry & Diane Popiuk
Locator: 62 Lakeshore Promenade
Hawkestone, ON LOL 1 TO
Owner: Barbara Foster
,J
s
luc\ I
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2007 -054
Being a By -law to Authorize the Execution of a Contract between
the Township of Oro - Medonte and the Barrie Public Library Board
fora Term of One Year
and to Repeal By -Law No. 2006 -035
WHEREAS, the Public Libraries Act, R.S.O. 1990, Chapter P.44, as amended, Section
29(1) provides for the entering into a contract with a public library board for the purpose
of providing the residents of the municipality with library services;
AND WHEREAS, Council deems it desirable to enter into a contract with the Barrie
Public Library Board;
NOW THEREFORE, the Council of The Corporation of the Township of Oro - Medonte
enacts as follows:
That the Mayor and Clerk are hereby authorized to execute the contract between
The Corporation of the Township of Oro - Medonte and the Barrie Public Library
Board, said agreement attached hereto as Schedule 'A' and forming part of this
by -law.
2. That By -law No. 2006 -035 is hereby repealed.
3. That this By -Law shall come into force and take effect on the final passing
thereof.
BY -LAW READ A FIRST AND SECOND TIME THIS 23d DAY OF MAY, 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
Acting Clerk, Jennifer Zieleniewskf
BETWEEN
D
Schedule "A" to By -LAw No
LIBRARY SERVICES AGREEMENT
This agreement made in duplicate this
23rd dayof May, 2007
THE BARRIE PUBLIC LIBRARY BOARD, in the County of Simcoe
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE,
in the County of Simcoe
WHEREAS the Barrie Public Library Board has agreed to provide library service.
2007 -054
THEREFORE it is mutually understood and agreed that the Corporation of the Township of Oro -
Medonte will pay the Barrie Public Library Board the sum of $105,931 for library service for Oro -
Medonte residents and taxpayers for the year 2007 with payment to be made quarterly, commending
January 1St, April 1St, July 1St and October 1St, 2007.
Mayor, Oro - Medonte
H.S. Hughes
Clerk, Oro - Medonte
J. Douglas Irwin
Signed in the County of Simcoe this
day of 2007.
Chair, Barrie Public Library Board
Treasurer, Barrie Public Library Board
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2007-055
A By -law to Enter into a Water Service Connection Agreement between
The Corporation of the Township of Oro - Medonte
and Claire May
WHEREAS Section 11 of the MunicipatAct2001, S.O. 2001, c. 25, as amended,
authorizes the Council of a Municipality to pass a by -law respecting water distribution;
AND WHEREAS the Applicants have requested permission from the Municipality to
connect to a municipal water system (Harbounvood);
AND WHEREAS the Municipality is prepared to grant permission to connect to a
municipal water system (Harbourwood) upon certain terms and conditions;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That the Mayor and Clerk be authorized to execute the Water Service Connection
Agreement, shown as Schedule "A" attached hereto and forming part of this By-
law.
2. That this By -law shall come into full force and effect on its final passing thereof.
BY -LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF MAY, 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
Acting Clerk, Jennifer Zieleniewskf
Schedule "A" to By -Law No. 2007 -055
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE I4ks
WATER SERVICE CONNECTION AGREEMENT
THIS Agreement made, in triplicate, this day of 2007.
BETWEEN: CLAIRE MAY
Hereinafter referred to as the "Registered Owner"
LTS
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Hereinafter referred to as the "Municipality"
A description of the land affected by this Agreement is as follows:
13 Shelswell Boulevard
Concession 7, Plan 967, Lot 107
Township of Oro - Medonte
Roll #4346-010-009-29900-0000
The Municipality has entered into this Agreement on the day of 2007
The Registered Owner agrees to comply with all the terms and conditions as set out in
the Corporation of the Township of Oro - Medonte By -law No. 2004 -024, being a By -law
to amend By -law No. 2003 -025 (a By -law to regulate Municipal Water Systems within
the Township of Oro - Medonte); and Schedule "J" — "Water" of By -law No. 2005 -043,
amended by By -law No. 2006 -044, attached hereto.
The Registered Owner acknowledges and agrees that the Township of Oro - Medonte
does not guarantee water pressure and that either now or in the future, the Registered
Owner may be required to install and maintain equipment to satisfy pressure.
Claire May, Owner
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
H.S. Hughes, Mayor
J. Douglas Irwin, Clerk
1Ut
CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2004-024
Being a By -law to Amend By -law No. 2003 -025, a By -law to Regulate Municipal
Water Systems within the Township of Oro - Medonte
WHEREAS Council of the Township of Oro - Medonte did, on the 18" day of June, 2003,
enact By -law No. 2003 -025 to regulate municipal water systems within the Township of
Oro - Medonte;
AND WHEREAS Council of the Corporation of the Township of Oro - Medonte deems it
desirable and necessary to amend By -law No. 2003 -025;
AND WHEREAS By -law No. 2003 -025 deems that watering of lawns or gardens, or the
filling of swimming pools, are not deemed to be domestic uses under the terms of the
By -law;
AND WHEREAS By -law No. 2003 -025 authorizes the Director of Engineering and
Environmental Services to take all such action, as may be necessary, to immediately
terminate the supply of water to any property served by the Municipal Water System;
NOW THEREFORE the Council of the Township of Oro - Medonte enacts as follows:
1. THAT Section 4 of By -law No. 2003 -025 be amended by adding the following:
"4.5 No person shall, from a Municipal Water System, water or sprinkle, or
cause or permit the watering or sprinkling of any lawn, garden, tree, shrub
or other outdoor plant, or fill swimming pools, in the Township of Oro -
Medonte through a hose or other attachment except between the hours of
7:00 p.m. — 11:00 p.m. subject to the following:
a) Owners or tenants of properties with a municipal address with an
even number are permitted to water lawns and gardens, or fill
swimming pools within the designated times, on even- numbered
days of the month;
b) Owners or tenants of properties with a municipal address with an
odd number are permitted to water lawns and gardens, or fill
swimming pools within the designated times, on odd - numbered
days of the month;
c) Owners of newly seeded and /or sodded lawns, upon proof of
installation and subject to the approval of the Director of
Engineering and Environmental Services or his designate, may be
permitted to water their lawn for fourteen (14) consecutive days
regardless of the day designated under these water restrictions;
d) Owners of properties which have been sprayed for insects, upon
proof of such spraying and subject to the approval of the Director of
Engineering and Environmental Services or his designate, may be
permitted to water their lawn for seven (7) consecutive days
regardless of the day designated under these water restrictions.
4.6 No person shall use water for lawn watering or any other similar purpose
when a total water ban order is in effect.
43 A total water ban order issued by the Township to suspend lawn watering
or other similar purpose shall remain in effect until it has been revoked by
the Director of Engineering and Environmental Services or his designate.'
2. THAT this By -law shall come into force and take effect on its final passing thereof.
By -law read a first and second time this 17" day of March 2004.
By -law read a third time and finally passed this 171" day of March 2004.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Ma r, J. ell Craig��
Clerk, M ilyn Penny ok
SCHEDULE V TO BY -LAW NO. 2005 -043 " "d t
b7 -l'o �.vc -rvy
WATER
DEFINITIONS
For the purpose of this Schedule,
1.1. "Municipal Water Area" shall mean a subdivision within The Corporation of
the Township of Oro - Medonte.
1.2. "Municipal Water Systems" shall include all water works established within the
present Township of Oro - Medonte, and shall further include any present or
future extensions to the water works under any Act or under an agreement
between the Township or its predecessors, but shall not include any private
water works which have not been acquired, established, maintained or
operated by the Township or its predecessors;
1.3. "Owner" shall mean the assessed owner(s) as identified on the Assessment
Roll for taxation purposes during the current year, as amended.
1.4. "Treasurer" shall mean the Treasurer of The Corporation of the Township of
Oro - Medonte.
1.5. "Unit" shall mean an assessed or assessable unit within a residential,
commercial or industrial building, and shall include an apartment located
within a single family dwelling which is serviced by the Township Water
System, as permitted under the applicable Zoning By -law.
1.6. "Water Works" means any works for the collection, production, treatment,
storage, supply and distribution of water, or any part of such works, but does
not include plumbing or other works to which the Ontario Building Code Act
and its regulations apply.
2. WATER CHARGES, BILLING AND COLLECTION
2.1. As soon as the water connection installation is approved by the Township
Inspector, he shall forthwith turn the water on for owner. The owner will then
be charged at the appropriate water rate, as set out herein.
2.2. At the end of September each year, the duly authorized employee shall read,
or cause to be read, all meters connected to the Municipal Water System to
determine the amount of water used during the year.
2.3. The Treasurer shall calculate water charges to be assessed against each unit
in a Municipal Water Area, in accordance with the minimum quarterly charge
and rates per cubic meter as set out herein.
2.4. The Treasurer shall, for each calendar quarter, issue bills to each unit based
on the applicable water charges. Water bills shall be due and payable not less
that twenty -one (21) days from the date of mailing.
2.5. Water payments shall be payable to The Corporation of the Township of Oro -
Medonte and may be paid during office hours in person or by mail at the Oro -
Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2XO,
or at most financial institutions. Water payments made at a financial
institution shall deemed to be paid on the date shown by the Teller's stamp on
the bill stub. The Township shall not be responsible for any applicable
service charge payable to the bank. Cheques only can be dropped at the drop
boxes located at the Administration Office and Moonstone Fire Hall.
Schedule 'J' —Water (cont'd)
2.6. The Treasurer shall impose a ten (10) percent late charge on all unpaid
accounts on the day after the due date.
2.7. If an account remains unpaid, the Township may collect amounts payable
pursuant to Section 398 of the Municipal Act, 2001, c. 25, as amended.
WATER RATES:
METERED: RESIDENTIAL OR COMMERCIAL
SHANTY BAY - M -66, M -71, M -696
Based on twelve (12) month period
Minimum Rate
Up to 365 Cubic Meters
Based on a three (3) month period
Minimum Rate
Up to 90 Cubic Meters
HARBOURWOOD - M -118
Based on twelve (12) month period
Minimum Rate
Up to 365 Cubic Meters
Based on a three (3) month period
Minimum Rate
Up to 90 Cubic Meters
$600.00 /Unit for twelve (12) Months
$150.00 /Unit for three (3) Months
$600.00 /Unit for twelve (12) Months
$150.00 /Unit for three (3) Months
SUGARBUSH - M -8, M -9, M -30, M -31, M -367, M -368
Based on twelve (12) month period
Minimum Rate
Up to 365 Cubic Meters
Based on a three (3) month period
Minimum Rate
Up to 90 Cubic Meters
CEDARBROOK - M -157
Based on twelve (12) month period
Minimum Rate
Up to 365 Cubic Meters
Based on a three (3) month period
Minimum Rate
Up to 90 Cubic Meters
$600.00 /Unit for twelve (12) Months
$150.00 /Unit for three (3) Months
$600.00 /Unit for twelve (12) Months
$150.00 /Unit for three (3) Months
Schedule V— Water (cont'd)
CANTERBURY - M -343
Based on twelve (12) month period
Minimum Rate
Up to 365 Cubic Meters
Based on a three (3) month period
Minimum Rate
Up to 90 Cubic Meters
MAPLEWOOD
Based on twelve (12) month period
Minimum Rate
Up to 365 Cubic Meters
Based on a three (3) month period
Minimum Rate
Up to 90 Cubic Meters
$600.00 /Unit for twelve (12) Months
$150.00 /Unit for three (3) Months
$600.00 /Unit for twelve (12) Months
$150.00 /Unit for three (3) Months
HORSESHOE HIGHLANDS - M -391, M -447, M -456
ZONE 11
Based on twelve (12) month period $600.00 /Unit for twelve (12) Months
Minimum Rate
Up to 365 Cubic Meters
Based on a three (3) month period
Minimum Rate
Up to 90 Cubic Meters $150.00 /Unit for three (3) Months
CRAIGHURST - M -510
Based on twelve (12) month period $600.00 /Unit for twelve (12) Months
Minimum Rate
Up to 365 Cubic Meters
Based on a three (3) month period
Minimum Rate
Up to 90 Cubic Meters $150.00 /Unit for three (3) Months
WARMINSTER - 309, M -104, M -92
Based on twelve (12) month period
Minimum Rate
Up to 365 Cubic Meters $600.00 /Unit for twelve (12) Months
Based on a three (3) month period
Minimum Rate
Up to 90 Cubic Meters $150.00 /Unit for three (3) Month Period
Schedule `J' — Water (cont'd)
MEDONTE HILLS - 1650, M -29, M -174
Based on twelve (12) month period
Flat Rate
Based on three (3) month period
Flat Rate
1U0 -
$600.00 /Unit for twelve (12) Months
$150.00 /Unit for three (3) Month Period
ROBINCREST - M -123, M -101, BACHLY, MOONSTONE PER SCHEDULE "A"
BY -LAW 2002 -132
Based on twelve (12) month period
Flat Rate
Based on three (3) month period
Flat Rate
$600.00 /Unit for twelve (12) Months
$150.00 /Unit for three (3) Month Period
SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR ALL METERED
SYSTEMS
366 -545 Cubic Meters
546 + Cubic Meters
FLAT RATE: RESIDENTIAL
HORSESHOE - ORO 1587
Based on twelve (12) month period
Flat Rate
Based on three (3) month period
Flat Rate
$1.89 /Cubic Meter
$2.05 /Cubic Meter
$600.00 /Unit for twelve (12) Months
$150.00 /Unit for three (3) Month Period
HORSESHOE - Medonte 1531, M -10, M -11, M -23
Flat Rate
Based on three (3) month period
Flat Rate
PINE RIDGE SKI CLUB
Flat Rate (6 units)
Flat Rate Commercial
SCHOOLS
Flat Rate
$600.00 /Unit for twelve (12) Months
$150.00 /Unit for three (3) Month Period
$3,600.00 for twelve (12) Months
$ 900.00 for three (3) Month Period
$ 18.00 /Classroom /Month for twelve (12)
Months
Schedule `J' —Water (cont'd)
MISCELLANEOUS FEES:
CONNECTION FEE INSPECTION $200.00
DISCONNECTION AND
RECONNECTION CHARGE $ 50.00 Each
4
i�
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2007 -056
A By -law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro - Medonte
and
Reynolds' Plumbing & Heating Ltd.
described as lands as follows:
Parcel 21 -17, Section 51 -Oro -5
Being Pt. Lots 21 and 22, Concession 5
Designated as Part 16, 51 R -19930
Being all of PIN #58550 -0148 (Lt)
Roll #4346-010-008-10790-0000
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 Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control,
pursuant to By -Law No. 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 23RD DAY OF MAY, 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
Acting Clerk, Jennifer Zieleniewskf
APPENDIX "A"
to By -Law No. 2007 -056
SITE PLAN AGREEMENT
- between -
REYNOLDS' PLUMBING & HEATING LTD.
-and-
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
DESCRIPTION OF LANDS
Parcel 21 -17, Section 51 -Oro -5
Being Pt. Lots 21 and 22, Concession 5
Designated as Part 16, 51 R -19930
Being all of PIN #58550 -0148 (Lt)
Roll #4346-010-008-10790-0000
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
May, 2007
By -Law No. 2007 -056
�C
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
2
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this 23`d day of May, 2007, in accordance with
Section 41 of the Planning Act.
BETWEEN: REYNOLDS' PLUMBING & HEATING LTD.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
M-1011
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 557.5
sq.m, industrial warehouse 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:
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
Owners 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.
h) The Owner agrees 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 a 557.5 sq.m. industrial
warehouse 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:
1 U ( _ U
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.
f) 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.
o
5. SECURITY
Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owner arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "D" to this Agreement (the "said Work "), the following securities:
a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with
the requirements of Schedule "E ", with an automatic renewal clause in the amount
of one hundred percent (100 %) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "D" of this Agreement and will become the basis for the limits of
the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty -one (21) day's
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act,
2001, S. 0. 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.
U�,£
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any section, subsection, clause, paragraph, or provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub - contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub - contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) REYNOLDS' PLUMBING &
HEATING LTD.
Name: Mike Reynolds
Has the Authority to Sind the Corporation
The Corporation of the
Township of Oro- Medonte
per:
1
H.S. Hughes, Mayor
1
J. Douglas Irwin, Clerk
F {:
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 Reynolds' Plumbing
& Heating Ltd.
LEGAL DESCRIPTION OF LANDS
Parcel 21 -17, Section 51- Oro -5, being Pt. Lots 21 and 22, Concession 5,
designated as Part 16, 51 R- 19930, being all of PIN #58550 -0148 (Lt), Roll #4346-
010- 008. 10790 -0000
t
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 Reynolds' Plumbing
& Heating Ltd.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro - Medonte.
Drawing #SP -1 Site Plan prepared by ConSALtech Engineering Solutions dated April,
2007, revised May, 2007.
Drawing #SG -1 Septic System Design and Grading prepared by ConSALtech
Engineering Solutions dated April, 2007, revised May, 2007.
Drawing #ESOP -1 Erosion and Sediment Control Plan prepared by ConSALtech
Engineering Solutions dated April, 2007, revised May, 2007.
SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Reynolds' Plumbing
and Heating Ltd.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered shall be prior approved by the solicitor for the Township
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
NIA
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
NIA
10
SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Reynolds' Plumbing
and Heating Ltd.
2.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE AMOUNT
ED
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)
1;_
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2007-057
A By -law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro - Medonte
and
Donald Richard Loader
described as lands as follows:
Lot 13, Plan 819
Being all of PIN #58556 -0117 (Lt)
Roll #4346 - 010- 008 -08400 -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 Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control,
pursuant to By -Law No. 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 pan 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 23 RD DAY OF MAY, 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
Acting Clerk, Jennifer Zieleniewski
APPENDIX "A"
to By -Law No. 2007 -057
SITE PLAN AGREEMENT
- between -
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
DESCRIPTION OF LANDS
Lot 13, Plan 819
Being all of PIN #58556 -0117 (Lt)
Roll #4346-010-008-08400-0000
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
May, 2007
By -Law No. 2007 -057
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
2
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this 23rd day of May, 2007, in accordance with
Section 41 of the Planning Act.
BETWEEN: DONALD RICHARD LOADER
Hereinafter called the "Owner"
IfIID
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 the addition
of a 66 sq.m. garage with loft to the existing bungalow 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:
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.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its solicitor, engineer, planner and staff, perform
any work in connection with this Agreement, including the preparation, drafting,
execution, and registration of this Agreement. The Owner acknowledges and
agrees that the Owner shall be responsible for the cost of performance of all the
Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner ", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$N /A. The Owner shall replenish the refundable deposit, to its full amount, when
the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges
and Easements, or other documents required by Schedule "C ", as well as
certification from the Owner's solicitor that the Transfer /Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township /Ministry of the Environment.
The Owner acknowledges that the lot does not front on an improved public road,
that the Township does not or is not required to maintain or snowplow the said
road, that the Township will not take over or assume the private road as a
Township public road or street unless it has been built according to the Township
standards, then in force, and that the Township is not liable for any injuries, losses
or damages as a consequence of the Township issuing a Building Permit.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By -law to permit the addition of a 66 sq.m.
garage with loft to existing bungalow 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:
t
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.
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°/x) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with
the requirements of Schedule' E ", with an automatic renewal clause in the amount
of one hundred percent (100 %) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "D" of this Agreement and will become the basis for the limits of
the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty -one (21) day's
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act,
2001, S. 0. 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.
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any section, subsection, clause, paragraph, or provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub - contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub - contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duty authorized in that behalf.
SIGNED, SEALED AND DELI j w-ner: Donald adeVERED O f R— `
The Corporation of the
Township of Oro - Medonte
per:
H.S. Hughes, Mayor
r
J. Douglas Irwin, Clerk
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Donald Richard
Loader.
LEGAL DESCRIPTION OF LANDS
Lot 13, Plan 819, being all of PIN #58556 -0117 (Lt), Roll #4346 - 010 -008- 08400.0000
SCHEDULE "B" � t=
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Donald Richard
Loader.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro - Medonte.
Site Plan prepared by Lucas Drafting dated May 3, 2007.
SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Donald Richard
Loader.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered shall be prior approved by the solicitor for the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
NIA
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
10
SCHEDULE "D" 'ry
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Donald Richard
Loader.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE AMOUNT
2. LETTERS OF CREDIT
N/A
AMOUNT
Letter of Credit to be provided by the Owner N/A
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2007-058
Being a By -law to remove the Holding symbol applying
to lands located at 113 Brambel Road — Lot 13, Plan 819,
Roll #4346- 010- 008 - 08400 -0000 (LOADER)
WHEREAS the Council of the Corporation of the Township of Oro - Medonte is
empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of
the Planning Act, R.S.O. 1990, c.P.13.
AND WHEREAS Council deems it appropriate to remove the Holding provision applying
to the subject lands:
NOW THEREFORE the Council of the Corporation of the Township of Oro- Medonte
enacts as follows:
1. Schedule 'A3', to Zoning By -law No. 97 -95 as amended, is hereby further
amended by removing the Holding provision applying to lands known as 113
Brambel Road — Lot 13, Plan 819, Roll #4346 - 010- 008 - 08400 -0000" as shown
on Schedule 'A' attached hereto and forming part of this By -law.
2. This By -law shall come into effect upon the date of passage hereof, subject to
the provisions of the Planning Act, as amended.
BY -LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF MAY, 2007.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF MAY,
2007.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Acting Clerk, Jennifer Zieleniewski
'1
Schedule 'A' to By -Law
No. 2007 -058
This is Schedule 'A' to By -Law 2007 -058
passed the day of 12007.
Mayor
H.S. Hughes p
O
N
Acting Clerk
Jennifer Zieleniewski
A�
Subject Property
113 Brambel Road
LAKE SIMCOE
TOWNSHIP OF ORO- MEDONTE
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2007 -059
A By -law to Authorize the Execution of an Agreement
Between The Corporation of the Township of Oro - Medonte
And Her Majesty the Queen in Right of Ontario, as Represented
By the Minister of Agriculture, Food and Rural Affairs
WHEREAS the Township of Oro - Medonte has chosen to apply for, and has received
approval for funding under the Canada - Ontario Municipal Rural Infrastructure Fund
(COMRIF) Asset Management Program (AMP) Project for undertaking works related to
asset management;
AND WHEREAS Section 11(2) of the MunicipalAct, 2001, S.O. 2001, c.25, as
amended, provides that a lower -tier municipality may pass by -laws with respect to the
financial management and public assets of the municipality;
AND WHEREAS the Council of the Township of Oro - Medonte deem it necessary and
desirable to pass a By -law to authorize the Mayor and Chief Administrative Officer to
execute an agreement with Her Majesty the Queen in Right of Ontario, as represented
by the Minister of Agriculture, Food and Rural Affairs with respect to funding for asset
management;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That the Mayor and Chief Administrative Officer are hereby authorized to sign an
agreement between The Corporation of the Township of Oro - Medonte and Her
Majesty the Queen in Right of Ontario, as represented by the Minister of
Agriculture, Food and Rural Affairs, said agreement attached hereto as Schedule
"A" and forming part of this by -law.
2. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF MAY, 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
Acting Clerk, Jennifer zieleniewski
Schedule "A" to By -Law No. 2007 -059
THIS AGREEMENT made in triplicate as of the day of 12007.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs
(referred to herein as the "Ministry")
A N D: THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
(referred to herein as the "Recipient ")
WHEREAS the Government of Ontario is investing in Ontario's infrastructure;
AND WHEREAS the purpose of COMRIF is to improve and renew public infrastructure in
Ontario's small urban and rural communities with populations of less than 250,000;
AND WHEREAS the priority for COMRIF is improving water, sewage treatment, waste
management and local roads and bridges;
AND WHEREAS the objectives for COMRIF include ensuring that sustainable infrastructure
investments enhance and renew Ontario's aging public infrastructure, improve the quality of the
environment; protect the health and safety of citizens; support long -term economic growth; and
build strong, sustainable communities by giving municipalities the tools they need.
AND WHEREAS Recipients under the COMRIF AMP may choose to access funding in order to
undertake works related to addressing one or more of the following five stages of asset
management: diagnostic, inspection, valuation, sustainability /planning and financial model.
AND WHEREAS this Agreement defines the terms and conditions of a financial contribution to
assist with the Project under COMRIF which is being administered by the Ministry;
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained
and other good and valuable consideration (the receipt and sufficiency of which are hereby
acknowledged), the parties covenant and agree as follows:
Affix
Corporate
Seal
r
Asset Management Program Funding Agreement File: 17813
This Agreement, including:
Schedule "A"
- General Terms and Conditions
Schedule `B"
- AMP Project Overview
Schedule "C"
- Eligible Costs
Schedule "D"
- Federal Requirements
Schedule "E"
- Additional Provisions
Schedule "F"
- Final Claim Report
constitute the entire agreement between the parties with respect to the subject matter contained
in this Agreement and supersedes all prior oral or written representations and agreements.
IN WITNESS WHEREOF, the Ministry and the Recipient have respectively executed and
delivered this Agreement on the date set out above.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs
by:
Name: The Honourable Leona Dombrowsky
Title: Minister of Agriculture, Food and Rural Affairs
Date
RECIPIENT'S NAME: THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
by:
Name: Harry S. Hughes Date
Title: Mayor
Name: Jennifer Zieleniewski Date
Title: Chief Administrative Officer
I /we have authority to bind the Recipient
N
U5t
Asset Management Program Funding Agreement File: 17813
SCHEDULE "A"
GENERAL TERMS AND CONDITIONS
SECTION 1
DEFINITIONS AND INTERPRETATION
1.1 Definitions. When used in this Agreement (including the cover and execution pages
and all of the schedules), the following terms shall have the meanings ascribed to them
below unless the subject matter or context is inconsistent therewith:
"Act" means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter
F.31, as amended.
"Adjust the Financial Assistance" means adjust the amount of the Financial Assistance on the
Project or the amount of financial assistance for any other project(s) of the Recipient under the
COMRIF Program, or any other provincial program(s) or initiative(s) (either current or future),
and /or require repayment for some or all of the Financial Assistance of the Project in an amount
to be determined by the Ministry and within the period specified by the Ministry.
"Agreement" means this agreement, including the cover and execution pages and all of the
schedules hereto, and all amendments made hereto in accordance with the provisions hereof.
"Allowable Financial Assistance" has the meaning given to it in Section 8.1 of this Agreement.
"Asset Management Program (AMP)" means the Municipal Capacity Building component of
the COMRIF Agreement as amended on November 15, 2006.
"Budget" means the Project budget set out in Schedule "B" hereto.
"Business Day" means any day on which Government of Ontario offices generally are open for
business in the Province of Ontario.
"Communication Requirements" means the communication conditions as set out in Section
12, or as directed by the Ministry from time to time.
"COMRIF Program" has the meaning given to it on the first page of this Agreement.
"Consultant" means any consultant, engineer, contractor, project manager, architect or other
service provider, as the case may be, retained by the Recipient to undertake any part of the
work related to the Project.
"Contract" means a contract between a Recipient and a third party at arm's length whereby the
latter agrees to provide a product or service to the Project in return for financial consideration
that may be claimed as an Eligible Cost.
"Crown Agency" means a crown agency as defined in the Crown Agency Act (Ontario).
3
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"Eligible Cost" has the meaning given to it in Section 3 of this Agreement and Schedule "C"
hereto.
"End of Financial Assistance Date" means March 31, 2010.
"Event of Default" has the meaning given to it in Section 14 of this Agreement.
"Expiration Date" means March 31, 2010.
"Expression of Interest" means documents provided by Recipient to access funding.
"Federal Government" means Her Majesty the Queen in Right of Canada.
"Federal Licensed Marks" has the meaning given to it in Section 6 of Schedule "D" hereto to
this Agreement.
"Federal Maximum Financial Assistance" has the meaning set out in Schedule "B" hereto.
"Final Claim Report" has the meaning given to it in Section 6.1 of this Agreement.
"Final Claim Report Date" means September 30, 2009.
"Financial Assistance" means the funds contributed by the Senior Government to be advanced
by the Ministry to the Recipient pursuant to this Agreement.
"Fiscal Year" means the period beginning on April 1 of a year and ending on March 31 of the
following year.
"Generally Accepted Accounting Principles" means Canadian Generally Accepted
Accounting Principles as adopted by the Canadian Institute of Chartered Accountants,
applicable as at the date on which such calculation is made or required to be made in
accordance with Generally Accepted Accounting Principles.
"Government of Ontario" means Her Majesty the Queen in Right of Ontario.
"Infrastructure" means publicly or privately owned fixed capital assets in Ontario for public use
or benefit.
"Local Government" means a "municipality' as defined in the Municipal Act, 2001 (Ontario) and
includes a local board of a municipality and a board, commission or other local authority
exercising any power with respect to municipal affairs or purposes in an unorganized township,
but excludes municipalities having a population in excess of 250,000.
"Maximum Financial Assistance" has the meaning set out in Section 4.4 and Schedule `B"
hereto.
"Ministry" has the meaning given to it on the first page of this Agreement.
"Ontario Maximum Financial Assistance" has the meaning set out in Schedule "B" hereto.
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"Project" means the Asset Management Program project described in Schedule "B" hereto.
"Recipient" has the meaning given to it on the first page of this Agreement.
"Senior Government" means the Ministry and the Federal Government collectively.
"Substantially Performed" means all costs for the project have been incurred.
"Total Eligible Costs" has the meaning set out in Schedule "B" hereto.
1.2 Herein, etc. The words "herein ", "hereof' and "hereunder" and other words of similar
import refer to this Agreement as a whole and not to any particular schedule, article,
section, paragraph or other subdivision of this Agreement.
1.3 Currency. Any reference to currency is to Canadian currency and any amount
advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency.
1.4 Statutes. Any reference to a statute is to such statute and to the regulations made
pursuant to such statute as such statute and regulations may at any time be amended or
modified and in effect and to any statute or regulations that may be passed that have the
effect of supplementing or superseding such statute or regulations.
1.5 Gender, singular, etc. Words importing the masculine gender include the feminine or
neuter gender and words in the singular include the plural, and vice versa.
1.6 Ministry Approvals. Any reference to, or requirement for, the approval of the Ministry
in this Agreement or in any schedule hereto shall be deemed to require the prior and
express written approval of the Ministry.
SECTION 2
TERM OF AGREEMENT
2.1 Term. Subject to any extension or termination of this Agreement or the survival of any
of the provisions of this Agreement pursuant to the provisions contained herein, this
Agreement shall be in effect from the date set out on the first page of this Agreement, up
to and including the Expiration Date.
2.2 End of Financial Assistance Date. Notwithstanding anything in this Agreement and
regardless of the Project's state of completion, the Ministry shall not be obligated to
provide Financial Assistance under this Agreement after the End of Financial Assistance
Date.
SECTION 3
ELIGIBLE COSTS
3.1 Eligible Costs. In order for a cost to be eligible for Financial Assistance pursuant to this
Agreement (an "Eligible Cost "), the cost must be in accordance with Schedule "C ", Part
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Asset Management Program Funding Agreement
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C.1, except where otherwise expressly approved in writing by the Ministry. For greater
certainty, where Schedule "B" identifies a portion of the works that are specifically
excluded from the description of the Project under this Agreement, the costs associated
with that portion of the works are not eligible.
3.2 Discretion of Ministry. Subject to Section 3.1, the eligibility of any items not listed in
Schedule "C" to this Agreement will be determined in accordance with Ministry policies
and guidelines. The final eligibility of items claimed is at the sole discretion of the
Ministry. The Recipient should consult with Ministry staff when in doubt over specific
items prior to incurring costs.
3.3 Retention of Receipts. The Recipient shall retain all evidence (such as invoices,
receipts, etc.) of payment related to Eligible Costs and such supporting documentation
must be available to the Ministry when requested and maintained by the Recipient for
audit purposes for a period of six years after the costs have been reimbursed by the
COMRIF Joint Secretariat.
3.4 Ineligible Costs. Notwithstanding anything else contained herein, the costs that are not
eligible for Financial Assistance pursuant to this Agreement are set out in Schedule "C ",
Part C.2 (Ineligible Costs).
3.5 Deemed ineligible. The Recipient acknowledges that the Ministry's fiscal year ends on
March 31 in each year, and that should an Eligible Cost not be submitted by the
Recipient for payment of Financial Assistance on or before March 31 of the year
following the fiscal year in which it was incurred, such Eligible Cost shall be deemed
ineligible for Financial Assistance.
3.6 Clarification. For clarity, the Recipient hereby expressly acknowledges that the
inclusion of an item in the Budget does not necessarily mean that such item is an
Eligible Cost. Where there is a conflict between the Budget and this Article, the
provisions of this Article shall prevail.
SECTION 4
FINANCIAL ASSISTANCE
4.1 Use of Financial Assistance. The Financial Assistance is intended for and shall be
used only for Eligible Costs.
4.2 Basis of payout of Financial Assistance. The Financial Assistance will be provided
by the Ministry to the Recipient on the basis set out in Schedule'B ".
4.3 Funds advanced. If Financial Assistance is provided to the Recipient by the Ministry
prior to the Ministry receiving evidence that the associated Eligible Costs have already
been paid by the Recipient, then such Financial Assistance, including all interest earned
thereon, shall be deemed to remain the property of the Ministry and must be held by the
Recipient in trust for the Ministry in an interest bearing account pending payment of
Eligible Costs. Without limitation, any payment of Financial Assistance that is made to
the Recipient without the requirement of the Recipient first providing the Ministry with a
H.
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Final Claim Report, in the format set out in Schedule "F, must meet the requirements of
this Section.
4.4 Maximum Financial Assistance. The total amount of Financial Assistance provided to
the Recipient shall in any event be no greater than the Maximum Financial Assistance
as noted in Schedule "B" hereto.
4.5 Excess funds. Where actual costs are lower or appear likely to be lower than the total
eligible expenditures identified in the Budget, or where additional funding is secured from
other government sources such that the funds available to the Recipient for the Project
(other than the Financial Assistance) exceed the Maximum Financial Assistance, the
Recipient shall immediately notify the Ministry. The Ministry may, in its sole discretion,
Adjust the Financial Assistance on the Project.
4.6 Interdependent Projects. Where implementation of the Project is dependent on
completion of a project by others and the interdependent project is not completed by
others in whole or in part, the Ministry may, in its sole discretion, Adjust the Financial
Assistance for the Project.
4.7 Recipient not carrying out Project. The Recipient shall immediately notify the Ministry
if it does not intend to carry out the Project in whole or in part as specified in Schedule
"B" in which case the Ministry may, in its sole discretion, Adjust the Financial Assistance
for the Project.
4.8 New Information. In the event of new information, errors, omissions or other
circumstances affecting the determination of the amount of Financial Assistance under
this Agreement, the Ministry may, in its sole discretion, Adjust the Financial Assistance
for the Project.
4.9 Alternatives to Project. If the Recipient becomes aware of any alternatives to the
Project that are more cost effective (for example, an area/joint servicing scheme), the
Recipient shall immediately notify the Ministry, in which case the Ministry may, in its sole
discretion, Adjust the Financial Assistance. Likewise, if the Ministry becomes aware of
any alternatives to the Project that are more cost effective, the Recipient will be notified
and the Ministry may, in its sole discretion, Adjust the Financial Assistance.
4.10 GST. The Financial Assistance is based on the net amount of goods and services tax to
be paid by the Recipient pursuant to the Excise Tax Act (Canada), net of any applicable
rebates.
4.11 Withholding payment. The Ministry may, in its sole discretion, withhold payment of
Financial Assistance where the Recipient is in default in obtaining any necessary
permits, approvals or licenses applicable to the Project or is in default of compliance with
any provisions of this Agreement or any applicable legislation.
4.12 Insufficient funds provided by the Legislature. If, in the opinion of the Ministry, the
Legislative Assembly of Ontario does not provide sufficient funds to continue the
Financial Assistance for any fiscal year during which this Agreement is in effect, the
Asset Management Program Funding Agreement
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Ministry may terminate this Agreement in accordance with the terms specified in Section
14.5 of Schedule "A" of this Agreement.
SECTION 5
PROJECT AWARD, MANAGEMENT AND COMPLETION
5.1 Recipient fully responsible. The Recipient shall be fully responsible for the
undertaking, implementation and completion of the Project and shall retain any and all
Consultants reasonably required to undertake a project of the size, scope and
complexity of the Project. Where implementation of the Project is dependent on
completion of a project by others, the Recipient shall be fully responsible for obtaining
any assurances that it may require from others in relation to the implementation of the
Project by the Recipient.
5.2 Ministry not responsible for implementation. The Ministry shall not be responsible in
any way whatsoever for the undertaking, implementation and completion of the Project
or any interdependent project of others.
5.3 Ministry not responsible for costs, etc. The Ministry shall not be responsible for any
claims, proceedings or judgments arising from any tender and bidding process that may
be required.
5.4 Behaviour of Recipient. The Recipient shall carry out the Project in an economical and
businesslike manner, in accordance with this Agreement and in particular, but without
limitation, in accordance with the Budget and the Project Schedule subject to any
reasonable changes that the Ministry may agree to or require from time to time in writing.
5.5 Competitive process. The Recipient shall acquire and manage all equipment, services
and supplies required for the Project through a transparent, competitive process that
ensures the best value for funds expended. For equipment, services and supplies, the
estimated cost of which exceeds $25,000.00, the Recipient shall obtain at least three
written quotes unless the Ministry gives prior written approval and:
a) the expertise the Recipient is purchasing is specialized and is not readily
available; or
b) the Recipient has recently researched the market for a similar purchase and
knows prevailing market costs for the equipment, services or supplies
purchased.
5.6 Trade Agreements. If the Recipient is subject to any provincial or federal trade
agreements to which the Government of Ontario is a party, the Recipient shall comply
with the applicable requirements of such trade agreements. In particular, and without
limitation, if the Recipient is subject to Annex 502.4 of the Agreement on Internal Trade,
the Recipient shall comply with all of the applicable requirements of that Annex. In the
event of any conflict between the requirements of Sections 5.5 of this Agreement and
the requirements of this Section 5.6, the requirements referenced in this Section 5.6
shall apply.
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5.7 Final Claim Report. The Recipient shall submit its Final Claim Report, in the format set
out in Schedule "F, with the required documentation for approval, cost reviews, audits
and settlement by the Final Claim Report Date of September 30, 2009 or such later date
as is specified in writing by the Ministry. Upon completion of the cost reviews, audits
and settlement, the Ministry shall not be obligated to consider any further claims in
relation to the Project. The Recipient shall also submit, upon request by the Ministry, the
required documentation for approval, cost reviews and audits on an interim basis.
5.8 Commencement of project. The Recipient shall begin the Project within six (6) months
after the date of this Agreement, failing which this Agreement may be terminated
pursuant to Section 14.
5.9 Contracts. The Recipient shall ensure that all Contracts:
a) are consistent, and do not conflict, with this Agreement;
b) incorporate the relevant provisions of this Agreement to the extent possible;
C) conform to all policies and procedures issued by the Senior Government for the
COMRIF Program;
d) are awarded and managed
(i) in a way that is transparent, competitive and consistent with value for
money principles; and
(ii) in accordance with all applicable policies and procedures issued by the
Government of Ontario;
e) require that the parties thereto comply with all applicable legislation; and
f) authorize the Ministry and the Federal Government to gather data, perform audits
and monitor the Project as they see fit.
SECTION 6
REPORTING REQUIREMENTS
6.1 Final Claim Report. Within three months of the Project becoming Substantially
Performed and no later than the Final Claim Report Date or such later date as is
specified in writing by the Ministry, the Recipient shall submit a final report (the "Final
Claim Report") for the Project to the Ministry in a form set out in Schedule "F" and the
Recipient shall follow such administrative procedures as are specified from time to time
by the Ministry. The Final Claim Report shall include:
a) a certificate by an authorized official such as the chief financial officer of the
Recipient certifying that the asset management works approved for funding have
been undertaken;
Asset Management Program Funding Agreement File: 17813
b) an invoice summary, in the form prescribed by the Ministry;
c) a final cost summary in the form prescribed by the Ministry;
d) when requested, all original invoices and receipts for the Project;
e) details of any variance from the Project, the Budget and /or the Project Schedule;
and
f) any other information respecting the Project that may be requested by the Ministry,
including, but not limited to, audited financial statements.
Upon receipt of the Final Claim Report, the Ministry shall not be obligated to consider
any further claims in relation to the Project.
SECTION 7
RECORDS AND AUDIT
7.1 Separate records. The Recipient shall maintain separate records and documentation
for the Project and keep all records and documentation for six (6) years after the final
settlement of accounts referred to in Section 6.1 of Schedule "A" of this Agreement.
Upon request, the Recipient shall submit all records and documentation relating to the
Project including, but not limited to, work authorizations, invoices, time sheets, payroll
records, estimates and actual cost of the activities carried out pursuant to this
Agreement, together with tenders and proposals, final measurements, payment
certificates, change orders, correspondence, memoranda, contracts and amendments
thereto which shall be maintained in accordance with Generally Accepted Accounting
Principles.
7.2 Provide records to Ministry. The Recipient shall provide to the Ministry, upon request
and at the Recipient's expense (including but not limited to photocopying, electronic
media, transportation and postage, associated staff time, information retrieval and other
office expenses), all records and documentation (including invoice summaries and
certified statement of final costs) of the Recipient and its auditors, contractors, project
managers and Consultants relating to the Project or any other project(s) of the Recipient
under the COMRIF Program, or any other provincial program(s), for the purposes of cost
reviews, audits and settlement, as may be required by the Ministry, of the Project or any
other project(s) of the Recipient under the COMRIF Program, or any other provincial
program(s). Such material shall be provided to the Ministry and other ministries of the
Government of Ontario as may be requested from time to time, all in a form and manner
satisfactory to the Ministry and other ministries of the Government of Ontario, as
applicable.
7.3 External auditor. The Ministry may require the assistance of an external auditor to
carry out an audit of the material referred to in Sections 7.1 and 7.2 of Schedule "A" of
this Agreement. If so, the Recipient shall, upon request, retain an external auditor
acceptable to the Ministry at the Recipient's sole expense. The Recipient shall ensure
that any auditor who conducts an audit pursuant to this section of the Agreement or
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otherwise, provides a copy of the audit report to the Ministry for its consideration at the
same time that the audit report is given to the Recipient.
7.4 Information. The Recipient shall supply to the Ministry, upon request, such information
in respect of the Project and its results including without limitation all contracts and
agreements related to the Project and all plans and specifications related to the Project,
as the Ministry may require. The Ministry and the Federal Government, their respective
agents and employees, including the Ontario Provincial Auditor's Office, shall be allowed
access to the Recipient's premises and staff and to the Project site at all reasonable
times to (i) inspect the progress and monitor the Project; (ii) perform cost reviews and
audits on the Project; and (iii) confirm the results of the Project in terms of resolving the
infrastructure problems that cause an immediate and serious problem for human health
or the environment.
7.5 Information condition precedent for payment. If, in the opinion of the Ministry, any of
the information requirements of this Article are not met, the Ministry may, in its sole
discretion, require the information as a condition precedent to any payment in relation to
the Project or any other project(s) of the Recipient under the COMRIF Program, or any
other provincial program(s) (either current or future). In addition, the Ministry may, in its
sole discretion, Adjust the Financial Assistance for the Project.
SECTION 8
OVERPAYMENT
8.1 Allowable Financial Assistance. Funds advanced to the Recipient prior to settlement
in accordance with Section 6.1 of Schedule "A" of this Agreement shall not be construed
as a final determination of the amount of Financial Assistance applicable to the Project.
Upon conducting a final cost review or audit of the Project, the Ministry will determine the
final amount of Financial Assistance on the Project (the "Allowable Financial
Assistance "). The Recipient agrees to repay to the Ministry, upon receipt of a written
demand and within the period specified by the Ministry, that portion of the total of the
funds advanced that exceeds the Allowable Financial Assistance applicable to the
Project, as determined by the Ministry, as well as any funds used for a purpose other
than that stated in the terms of this Agreement, as determined by the Ministry.
8.2 Deduction of overpayment. The Ministry may deduct any overpayment of Financial
Assistance pursuant to Section 8.1 made on the Project from Financial Assistance
payable on any other project(s) of the Recipient under the COMRIF Program or any
other provincial program(s) (either current or future). Any overpayment made on any
other project(s) of the Recipient under the COMRIF Program or any other provincial
program(s) (either current or future) may in turn be deducted from Financial Assistance
payable on the Project.
8.3 Interest on overpayment. The Ministry reserves the right to demand interest on any
overpayment of Financial Assistance owing by the Recipient under the terms of this
Agreement at the then current interest rate charged by the Government of Ontario on
accounts receivable. The Recipient shall pay the amount of interest owing upon receipt
of a written demand and within the period specified by the Ministry.
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SECTION 9
INSURANCE AND BONDING
9.1 Insurance. The Recipient shall put in effect and maintain in full force and effect or
cause to be put into effect and maintained for the period during which this Agreement is
in effect, with insurers acceptable to the Ministry:
a) Comprehensive general liability insurance to an inclusive limit of not less than
five million ($5,000,000.00) dollars per occurrence for property, damage, bodily
injury and personal injury including, at least, the following policy endorsements:
0) Her Majesty the Queen in right of Ontario as an additional insured
for the purposes of the Project only;
(ii) Cross liability;
(iii) Contractual liability;
(iv) Independent contractors;
(v) Products and completed operations;
(vi) Employer's liability and voluntary compensation;
(vii) 30 day written notice of cancellation;
(viii) Tenants legal liability (if applicable); and
(ix) Non -owned automobile coverage with blanket contractual and
physical damage coverage for hired automobiles; and
b) All the necessary insurance that would be considered appropriate for a prudent
Recipient of this type undertaking a project similar to the Project, including, where
appropriate and without limitation, property, construction and errors and
omissions insurance.
9.2 Certificates of Insurance. Prior to any scheduled payment of Financial Assistance
pursuant to this Agreement and throughout the term of this Agreement, the Recipient
shall provide the Ministry with a valid certificate of insurance that references the Project,
confirms the above requirements and identifies major exclusions in the policy.
SECTION 10
INDEMNITY
10.1 Ministry not liable. In no event shall the Ministry be liable for:
a) any bodily injury, death or property damage to the Recipient, its employees,
agents, or Consultants or for any claim, demand or action by any third party
against the Recipient, its employees, agents, or Consultants, arising out of or in
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any way related to this Agreement or the Project; nor
b) any incidental, indirect, special or consequential damages, or any loss of use,
revenue or profit to the Recipient, its employees, agents, or Consultants arising
out of or in any way related to this Agreement or the Project.
10.2 Recipient to indemnify. The Recipient agrees to indemnify and hold harmless Her
Majesty the Queen in right of Ontario, Her directors, officers, employees and agents
from and against all suits, judgments, claims, demands, expenses, actions, causes of
action and losses (including, without limitation, reasonable legal expenses and any claim
for lien made pursuant to the Construction Lien Act (Ontario)) and for any and all liability
for damages to property and injury to persons (including death) which Her Majesty the
Queen in right of Ontario, Her directors, officers, employees and agents may incur,
otherwise than by reason of their own negligence or wilful misconduct, as a result of or
arising out of or in relation to: (a) the performance of this Agreement or any breach of the
terms of this Agreement by the Recipient, its officers, servants, employees and agents,
or by a third party, and any of its officers, employees, servants or agents; (b) the ongoing
operation, maintenance and repair of the infrastructure resulting from the Project; or (c)
any omission or other wilful or negligent act of the Recipient, a third party, their
respective employees, officers, servants or agents.
10.3 Further indemnity. The Recipient further agrees to indemnify and hold harmless Her
Majesty the Queen in right of Ontario, Her directors, officers, employees and agents, for
any incidental, indirect, special or consequential damages, or any loss of use, revenue or
profit, which Her Majesty the Queen in right of Ontario, Her directors, officers, employees
and agents may incur, otherwise than by reason of their own negligence or wilful
misconduct, as a result of or arising out of or in relation to: (a) the performance of this
Agreement or any breach of the terms of this Agreement by the Recipient, its officers,
servants, employees and agents, or by a third parry, and any of its officers, employees,
servants or agents; (b) the ongoing operation, maintenance and repair of the infrastructure
resulting from the Project; or (c) any omission or other wilful or negligent act of the
Recipient, a third party, their respective employees, officers, servants or agents.
SECTION 11
CONFLICT OF INTEREST AND CONFIDENTIALITY
11.1 No conflict of interest. The Recipient and its Consultants and any of their respective
advisors, partners, directors, officers, employees, agents and volunteers shall not
engage in any activity or provide any services where such activity or the provision of
such services creates a conflict of interest (actually or potentially in the sole opinion of
the Ministry) with the provision of services under this Agreement. The Recipient
acknowledges and agrees that it shall be a conflict of interest for it to use confidential
information of Her Majesty the Queen in right of Ontario that is relevant to the Project
or otherwise where the Ministry has not expressly authorized such use in writing. For
greater certainty, and without limiting the generality of the foregoing, a conflict of
interest includes a situation where anyone associated with the Recipient is able to
benefit financially from the Projector where such a person owns or has an interest in
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an organization that is carrying out work related to the Project.
11.2 Disclose potential conflict of interest. The Recipient shall disclose to the Ministry
without delay any actual or potential situation that may be reasonably interpreted as
either a conflict of interest or a potential conflict of interest.
11.3 Freedom of Information and Protection of Privacy Act. The Recipient
acknowledges that the Ministry is bound by the provisions of the Freedom of
Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended.
SECTION 12
COMMUNICATION AND RECOGNITION
12.1 Acknowledge the support of the COMRIF Program. The Recipients shall
acknowledge the support of the program in all reports and materials and in all
advertising and publicity relating to the Project, in a format approved by the program.
12.2 COMRIF Program publicize information. The Recipients acknowledge that the
COMRIF Program may publicize information regarding the Asset Management
Program, including project descriptions, participants and approved funding amounts.
12.3 Recipients views do not necessarily represent those of the COMRIF Program.
The Recipients shall ensure the acknowledgement in any report or materials indicates
that the views expressed in the report or materials are the views of the Recipients and
do not necessarily reflect those of the COMRIF Program.
SECTION 13
COVENANTS, REPRESENTATIONS AND WARRANTIES
13.1 Covenants, representations and warranties. The Recipient covenants, represents
and warrants to the Ministry that:
a) it is conducting and shall conduct its business in compliance with all applicable
federal, provincial and municipal laws, and all rules, regulations, by -laws, notices,
orders and approvals;
b) it has authority and any necessary approval to enter into this Agreement and to
carry out its terms;
C) it has or will apply for all permits, approvals, and licenses which are required in
order to carry out the Project including, but not limited to, any approvals lawfully
required under the Planning Act (Ontario), the Building Code Act, 1992 (Ontario),
the Highway Traffic Act (Ontario), the Public Transportation and Highway
Improvement Act (Ontario), the Bridges Act (Ontario) and the Environmental Laws;
d) it validly exists as a legal entity with full power to perform and observe all of the
terms and conditions of this Agreement;
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e) where applicable, it has passed by -laws required to undertake the Project;
f) it is now and will continue to be compliant with all Environmental Laws
g) provided that the Recipient is not a municipality or a Crown Agency,
A. it is not a non - resident of Canada within the meaning of the
Income Tar Act (Canada);
B. is either a corporation, a partnership or a sole proprietorship
validly in existence; and
C. is registered and qualified to do business wherever necessary to
carry out the Project;
h) it has the experience, financial health and ability to carry out this Project;
if the Recipient is a Local Government or a Crown Agency, it has the requisite legislative
authority to carry out the Project;
j) other than the Financial Assistance being provided pursuant to this Agreement,
the Recipient has not and will not use any funds received from Her Majesty the
Queen in Right of Ontario or a Crown Agency towards any aspect of the Project,
k) all information provided during the AMP Initiative Expression of Interest
submission process remains true, correct and complete in every respect except
as set out to the contrary herein. Without limitation, the AMP Project Overview
(Schedule `B") are as set out herein.
13.2 Representations and warranties true condition precedent for payment. Upon
request, the Recipient shall provide the Ministry with proof of the matters referred to in
this Article. It is a condition precedent to any payment under this Agreement that the
representations and warranties under this Section are true at the time of payment and
that the Recipient is not in default of compliance with any terms of this Agreement.
Where this is not the case, the Ministry may, in its sole discretion, Adjust the Financial
Assistance for the Project.
SECTION 14
DEFAULT, ENFORCEMENT AND TERMINATION
14.1 Event of Default. Each and every one of the following events is an "Event of Default ":
a) if in the opinion of the Ministry, the Recipient fails to conform or comply with
any term or covenant contained in this Agreement to be performed or complied
with by the Recipient;
b) if in the opinion of the Ministry any representation or warranty made by the
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Recipient in this Agreement or any certificate delivered to the Ministry pursuant
hereto shall be materially untrue in any respect;
C) if an order shall be made or an effective resolution passed for the winding up, or
liquidation or dissolution of the Recipient or the Recipient is otherwise dissolved
or ceases to carry on its operation;
d) if the Recipient uses any of the Financial Assistance for a purpose not authorized
by this Agreement without the prior written consent of the Ministry;
e) if the Recipient admits in writing its inability to pay its debts generally as they
become due, voluntarily suspends transactions of its usual business, becomes
insolvent, bankrupt, makes an assignment for the benefit of its creditors, or a
receiver or manager, court appointed or otherwise, is appointed for its assets or if
the Recipient takes the benefit of any statute from time to time in force relating to
bankrupts or insolvent debtors;
f) if in the opinion of the Ministry a material adverse change occurs such that the
viability of the Recipient as a going concern is threatened in the opinion of the
Ministry, acting reasonably;
g) if in the opinion of the Ministry the Recipient ceases to operate;
h) if the Recipient fails to begin the Project within six (6) months after the date of
this Agreement, or, in the opinion of the Ministry, the Recipient has failed to
proceed diligently with the Project or abandons the Project in whole or in part, or
the Recipient is otherwise in default in carrying out any of the terms, conditions
or obligations of this Agreement, except where such failure is due to causes
which, in the opinion of the Ministry are beyond the control of the Recipient;
i) if the Recipient has submitted false or misleading information to the Ministry; or
j) the Recipient and /or any of its Consultants and /or any of their respective
advisors, partners, directors, officers, employees, agents and volunteers has
breached the requirements of Section 11 (Conflict of Interest and Confidentiality).
14.2 Waiver. The Ministry may, at any time, waive any Event of Default which may have
occurred provided that no such waiver shall extend to, or be taken in any manner
whatsoever to affect, any subsequent Event of Default or the right to remedies resulting
there from, and that no such waiver shall be, or shall be deemed to constitute, a waiver
of such Event of Default unless such waiver is in writing from the Ministry.
14.3 Remedies on default. Notwithstanding any other rights which the Ministry may have
under this Agreement, if an Event of Default has occurred, the Ministry shall have the
following remedies provided only that in the case of an Event of Default which, in the
opinion of the Ministry in its sole discretion, is curable, the Ministry has first given written
notice of the Event of Default to the Recipient and the Recipient has failed to correct the
Event of Default within 30 days or such period of time as the Ministry may consent to in
writing:
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a) the Ministry shall have no further obligation to provide any Financial Assistance
for the Project;
b) the Ministry may, at its option, terminate this Agreement and may, in its sole
discretion, Adjust the Financial Assistance. The total amount of Financial
Assistance shall be immediately due and payable by the Recipient and bear
interest at the then - current interest rate charged by the Government of Ontario
on accounts receivable; and
C) the Ministry may avail itself of any of its legal remedies that it may deem
appropriate.
14.4 Additional remedies. In addition to the remedies described in Section 14.3, the Ministry
may commence such legal action or proceedings as it, in its sole discretion, may deem
expedient, without any additional notice under this Agreement. The rights and remedies
of the Ministry hereunder are cumulative and in addition to, and not in substitution for, all
other rights or remedies otherwise available to the Ministry.
14.5 Termination without cause. Notwithstanding anything else contained herein, the
Ministry reserves the right to terminate this Agreement without cause upon such
conditions as the Ministry may require, with a minimum of seven (7) days written notice
to the Recipient. If the Ministry terminates this Agreement prior to its expiration, the
Ministry, subject to all of the Ministry's rights under this Agreement, including, without
limitation, the Ministry's right to Adjust the Financial Assistance prior to its expiration,
shall only be responsible for the payment of Financial Assistance on the portion of the
Project completed
SECTION 15
NOTICE
15.1 Notice. Any demand, notice or communication to be made or given hereunder shall be
in writing and may be made or given by personal delivery or mailed by first class
registered mail, postage prepaid or by transmittal by facsimile, telecopy, email or other
electronic means of communication addressed to the respective parties as follows at the
addresses set out in Schedule "E" attached hereto or to such other person, address,
facsimile number, telecopy number or email address as either party may from time to
time notify the other in accordance with this Section. Any demand, notice or
communication made or given by personal delivery shall be conclusively deemed to
have been given on the day of actual delivery thereof. Any demand, notice or
communication made or given by facsimile, email or other electronic means of
communication, if made or given at a time when it would be received by the recipient
during its normal business hours on a Business Day, shall be deemed to be received at
the time it is sent; otherwise, such electronic communication shall be deemed to be
received on the first Business Day following the transmittal thereof. Any demand, notice
or communication mailed by registered mail shall be deemed to have been received on
the third Business Day following the day on which it was mailed.
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15.2 Representatives. The individuals identified pursuant to Section 15.1 above will, in the
first instance, act as the Ministry's or the Recipient's, as the case may be, representative
for the purpose of implementing this Agreement.
SECTION 16
CONTRIBUTION ONLY
16.1 Contribution. This Agreement is a contract for a contribution only and nothing in it or
done pursuant to it, is to be construed as constituting the Recipients as the Ministry's
agent, employee, partner or joint venturer; and the Project shall be the sole property of
the Recipients or the Beneficiaries as the case may be. This provision in favour of the
Ministry shall be included in agreements between the Grantees and Beneficiaries.
16.2 Intellectual Property Ownership. All intellectual property in any material developed
under this Agreement shall not belong to the Ministry.
SECTION 17
MISCELLANEOUS
17.1 Terms binding. The Recipient shall take all reasonable measures to ensure that its
officers, directors, partners, employees, agents and the Consultant shall be bound to
observe all of the terms and conditions of this Agreement, including, but not limited to all
covenants, representations and warranties set out herein. The Recipient shall include in
all of its Contract(s) terms and conditions similar to and not less favourable to the
Ministry than the terms and conditions of this Agreement to the extent that they are
applicable to the work subcontracted, including but not limited to the requirements of
Section 7.4 of Schedule "A" of this Agreement.
17.2 Time of the essence. In the performance and observance of the terms and conditions
of this Agreement, time is of the essence and no extension or variation of this
Agreement shall operate as a waiver of this provision. The Ministry shall not be liable for
any liquidated damages as a result of working days extensions.
17.3 Successors and assigns. This Agreement shall enure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, administrators, successors
and permitted assigns.
17.4 Severability. The validity or enforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provisions hereof and such invalid or
unenforceable provisions shall be deemed to be severable.
17.5 No waiver. The failure by the Ministry to insist in one or more instances on performance
by the Recipient of any of the terms or conditions of this Agreement shall not be
construed as a waiver of the Ministry's right to require further performance of any such
terms or conditions, and the obligations of the Recipient with respect to such
performance shall continue in full force and effect.
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Asset Management Program Funding Agreement File: 17813
17.6 Division of Agreement. The division of this Agreement into schedules, articles,
sections, clauses, paragraphs and the insertion of headings are for the convenience of
reference only and shall not affect the construction or interpretation of this Agreement.
17.7 Governing law. This Agreement shall be governed by and construed in accordance
with the laws of the Province of Ontario and the laws of Canada applicable in Ontario.
17.8 Survival. The following schedules, sections and provisions of this Agreement shall
survive the expiration or early termination hereof: Section 4 (Financial Assistance),
Section 6 (Reporting Requirements), Section 7 (Records and Audit), Section 8
(Overpayment), Section 10 (Indemnity), Section 11 (Conflict of Interest and
Confidentiality), Section 12 (Communication and Recognition), Section 13 (Covenants,
Representations and Warranties), Section 14 (Default, Enforcement and Termination)
and Section 16.11 (Interest) of Schedule "A ";
17.9 No assignment. This Agreement shall not be assigned by the Recipient. The Ministry
may assign this Agreement on written notice to the Recipient.
17.10 No Amendment. This Agreement shall not be varied or amended except by a
document in writing, dated and signed on behalf of the Ministry and the Recipient.
17.11 Interest. The Ministry reserves the right to demand interest on any repayment of
Financial Assistance owing by the Recipient under the terms of this Agreement at the
then - current interest rate charged by the Government of Ontario on accounts receivable.
The Recipient shall pay the amount of interest owing upon receipt of a written demand
and within the period specified by the Ministry.
17.12 Ministry and Recipient independent. Nothing in this Agreement shall be deemed to
constitute the Recipient an employee, servant, agent, partner of or in joint venture with
the Ministry for any purpose whatsoever.
17.13 Recipient cannot represent the Senior Government. The provision of Financial
Assistance to the Recipient pursuant to this Agreement is for the sole purpose of, and is
limited to, carrying out the Project. The Recipient warrants and agrees that under no
circumstances shall it enter into any contract or commitment in the name of or on behalf
of the Ministry and /or the Federal Government. The Recipient acknowledges and
agrees that it is not by the terms of this Agreement or otherwise, granted any right or
authority to assume or create any obligation or responsibility, express or implied, on
behalf of or in the name of the Ministry and /or the Federal Government, to act as an
agent of the Ministry and /or the Federal Government, or to bind the Ministry and /or the
Federal Government in any manner whatsoever other than as specifically provided in
this Agreement.
17.14 Consultants. The Ministry acknowledges that, in connection with carrying out the
Project, the Recipient may engage one or more Consultants. The Ministry
acknowledges and agrees that the Recipient shall have the sole authority and
responsibility for such employees, agents or Consultants, including their hiring and
termination. The Recipient acknowledges and agrees that the Recipient shall be
responsible for all acts and actions of the Recipient's employees, agents and
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Consultants and that all such acts and actions shall be treated as actions of the
Recipient for the purposes of this Agreement.
17.15 Cooperation. The Ministry and the Recipient agree to cooperate with one another and
will be frank, candid and timely when dealing with one another and will endeavour to
facilitate the implementation of this Agreement.
17.16 Data. The Recipient agrees that the Ministry may, in its sole discretion, gather and
compile data required under this Agreement and disclose such data to the Federal
Government.
17.17 Priority. Where there is a conflict between one or more of the schedules of this
Agreement, the following order of priority shall apply: Schedule "A ", Schedule "C ",
Schedule "B" and all other schedules.
- END OF GENERAL TERMS AND CONDITIONS —
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SCHEDULE "B"
AMP PROJECT OVERVIEW
AMP PROJECT DESCRIPTION
AMP FILE #17813 THE CORPORATION OF THE TOWNSHIP OF ORO -
MEDONTE
WORK DESCRIPTION:
The Township of Oro - Medonte proposes to use its allocated Asset Management Program
funding to purchase software required by municipality to undertake asset management work
and to provide staff training.
FINANCIAL ASSISTANCE / PROJECT BUDGET
Total Eligible Costs: $18,254.00
Federal Maximum Financial Assistance: $6,084.00
Ontario Maximum Financial Assistance: $6,085.00
Maximum Financial Assistance: $12,169.00
The Ministry will release all federal and provincial AMP funding once a Final Claim Report has
been submitted to the COMRIF Joint Secretariat as set out in Section 6.1 of Schedule "A" of this
Agreement. The Ministry is not obligated to pay interest on any costs incurred prior to the
submission, review and reimbursement of all eligible AMP project costs.
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PROJECT SCHEDULE/BUDGET
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE MUST EQUAL THE TOTAL AMP CONTRIBUTION FROM ALL THREE
i FvFi s nF (,.nvFRNMENT (SEE TOTAL ELIGIBLE COSTS ABOVE)
Fiscal Year (April 1 - March 31)
Proposed Cash Flow
2006/07 (Dec 6"' onward)
$0.00
2007/08
$18,254.00
2008/09
$0.00
Total Eligible Costs
$18,254.00
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Asset Management Program Funding Agreement File: 17813
SCHEDULE °C"
ELIGIBLE COSTS
CA ELIGIBLE COSTS
C.1.1 Eligible Costs are all direct costs that, in the opinion of the Ministry, are:
a) Properly and reasonably incurred by the Recipient and no other person; and
b) Paid under a Contract for goods or services necessary for the implementation of
the Project.
C.1.2 Eligible Costs must be directly related to the asset management project. They must also
be for expenditures that would not have otherwise been incurred by the Recipient and
include, but are not limited to the following:
a) Cost incurred on or after the AMP announcement date (December 6, 2006), but
before the program deadline of March 31, 2009.
b) Cost incurred for professionals, technical personnel, consultants and contractors
specifically engaged to undertake asset management activities related to the five
principal stages of asset management.
c) Software, hardware and any other IT products required by the municipality to
undertake the asset management work required.
d) Staff training costs, including training registration fees, travel expenses (airline /train
ticket, car rental including the cost of gasoline, mileage if staff members' own car is
used, hotel stays and meals while attending a conference /seminar) and any
materials that may be required to be purchased in advance of attending a training
session such as books and /or training manuals specifically requested by the training
seminar organizer.
e) Staff costs for any staff members newly hired specifically to work on municipal asset
management works on a full time basis. This could include summer students hired
specifically for this purpose on a temporary basis, or part-time staff specifically
dedicated to working on asset management activities.
f) Any other asset management related costs as approved by the COMRIF Joint
Secretariat.
C.2 INELIGIBLE COSTS
C.2.1. Notwithstanding any other provision in this Schedule, costs related to the following are
not eligible:
a) Costs incurred before the announcement of the AMP (December 6, 2006).
23
Asset Management Program Funding Agreement
b) Costs incurred after March 31, 2009.
File: 17813
c) Services or works that, in the opinion of the COMRIF Joint Secretariat, are normally
provided by the recipient or a related party.
d) Salaries and other employment benefits of any employees of the recipient that are
not spending 100% of their time working on asset management activities.
e) Overhead costs (e.g., supervision) for eligible staff members hired to work on asset
management works on a full -time basis.
f) Any travel, gasoline, meal, hotel, material, education and other costs borne by the
recipient that are not related to the work performed under the Asset Management
Program.
g) Taxes for which the recipient or a third party is eligible for a tax rebate and all other
costs eligible for rebates (e.g., GST).
h) Financing charges and interest costs.
i) Costs of capital leasing of equipment by the recipient.
j) Legal fees; and
k) Routine repair and maintenance costs.
24
I
Asset Management Program Funding Agreement File: 17813
SCHEDULE "D"
FEDERAL REQUIREMENTS
The Ministry and the Recipient agree to the following Federal Requirements:
The Recipient acknowledges and agrees that the amount of Financial Assistance being
provided by the Ministry is dependent on the Ministry receiving funds for the Project from the
Federal Government. Should the Ministry not receive the funds it expects to receive in
relation to the Project from the Federal Government, the Ministry may, in its sole discretion,
Adjust the Financial Assistance being provided to the Recipient pursuant to this Agreement
(including, without limitation, requiring repayment of Financial Assistance already paid to the
Recipient).
2. The Recipient represents and warrants to the Federal Government that other than the
Financial Assistance being provided pursuant to this Agreement, the Recipient will notify of
any other funding received from the Federal Government, including FEDNOR funding,
towards any aspect of the Project.
3. The Recipient agrees to indemnify and hold harmless the Federal Government, its directors,
officers, servants, employees and agents from and against all suits, judgments, claims,
demands, expenses, actions, causes of action and losses (including, without limitation,
reasonable legal expenses and any claim for lien made pursuant to the Construction Lien
Act (Ontario) and for any and all liability for damages to property and injury to persons
(including death) which the Federal Government, its directors, officers, servants, employees
and agents may incur, otherwise than by reason of their own negligence or wilful
misconduct, as a result of or arising out of or in relation to: (a) the performance of this
Agreement or any breach of the terms of this Agreement by the Recipient, its officers,
servants, employees and agents, or by a third party, and any of its officers, employees,
servants or agents; (b) the ongoing operation, maintenance and repair of the infrastructure
resulting from the Project; or (c) any omission or other wilful or negligent act of the
Recipient, a third party, their respective employees, officers, servants or agents.
4. The Recipient further agrees to indemnify and hold the Federal Government, its directors,
officers, employees and agents, for any incidental, indirect, special or consequential
damages, or any loss of use, revenue or profit, which the Federal Government, its directors,
officers, employees and agents may incur, otherwise than by reason of their own negligence
or wilful misconduct, as a result of or arising out of or in relation to any breach by the
Recipient of the terms of this Agreement, or the Recipient's own negligence or wilful
misconduct.
5. The Recipient acknowledges that the provisions of the Access to Information Act (Canada)
and the Privacy Act (Canada) and regulations thereunder bind Her Majesty the Queen in
Right of Canada.
The Recipient acknowledges that the Federal Government is or will be the owner of certain
distinguishing marks comprised of designs, trademarks and official marks in relation to
25
Asset Management Program Funding Agreement
File: 17813
COMRIF (the "Federal Licensed Marks ") and the Recipient is subject to the requirements of
Section 12 (Communication and Recognition) of Schedule "A" of this Agreement, with
appropriate changes, in relation to the Federal Licensed Marks.
7. No member of the House of Commons or of the Senate of Canada shall be admitted to any
share or part of any contract, agreement or commission made pursuant to this Agreement or
to any benefit arising therefrom.
8. Notwithstanding any provisions of this Agreement, all obligations of Canada incurred by
virtue of this Agreement shall be subject to the Financial Administration Act (Canada).
9. All of the provisions of this Schedule "D" shall survive the expiration or early termination of
this Agreement.
10. Pursuant to the requirements of the Canadian Environmental Assessment Act, the Recipient
will follow the general environmental mitigation measures outlined in the document entitled
"Screening under the Canadian Environmental Assessment Act" and any Project- specific
environmental mitigation measures as communicated to the Recipient by the Federal
Government.
11. The Recipient acknowledges and agrees that the Federal Government may, in its sole
discretion, exercise the Ministry's right to monitor the Project, perform audits and /or gather
data pursuant to the terms and conditions of this Agreement.
26
Asset Management Program Funding Agreement File: 17813
SCHEDULE "E"
ADDITIONAL PROVISIONS
The Ministry and the Recipient agree to the following additional provisions:
1. Further to Section 15 of Schedule "A" hereto, notice can be given at the following addresses:
(a) If to the Ministry:
Ministry of Agriculture, Food and Rural Affairs
1 Stone Road West, 4`h Floor
Guelph, Ontario
N 1 G 4Y2
Phone:
1- 866- 306 -7827
Fax:
(519) 826 -4336
E -Mail:
brian.cardy @ontario.ca
Attention: Brian Cardy
(b) If to the Recipient:
THE TOWNSHIP OF ORO - MEDONTE
P.O. Box 100
148 Line 7 South
Oro, ON
LOL 2X0
Phone: (705) 487 -2171
Fax: (705) 487 -0133
E -Mail: jzieleniewski @oro- medonte.ca
Attention: Jennifer Zieleniewski, Chief Administrative Officer
27
Asset Management Program Funding Agreement
SCHEDULE "F"
FINAL CLAIM REPORT
Canada
®Ontario
plDkN geMafe�uallV.t Raµeeenlan110j tiv MGel
Asset Management Program (AMP) Final Claim Report
Demande de remboursement - Programme de gestion des biens d'infrastructure (PGBI)
-0 1 l Partln i - a-
W.n. —O. eu, M.,o ,
N-, C--, ov lei. awl.l P6uw."0eD na,mu.m.w.
Mvn F'anlVr rJnln Illalilb
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a.,nmlwo.,nam nmeronmw
plDkN geMafe�uallV.t Raµeeenlan110j tiv MGel
qudnlrotl OlficNl
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NrvnA rNgr.
n101 W10
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TtMr.+Jw uN.mtlGm.,,.
n. N. en min.m.w
mrtm.
wgel Na tla Mgel
ROWINnmptNexnWlnaol
prOt[{mO DAlafOnln,L U6W10U Pogef
KKnr,Yq AwM,eM�ewmt roav410Ye1 DUN ie M/ryVn�wlA Awm ya Udarmrtlkb.ee
OnOq�orcR „Lbo'ulmTOrnpllunmve tlanrc�ewmrAdMSUm✓ueenroJro�t
m,w^0•'emriwmwnamb.
S eN,tl151 n
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POP 2 ' -W..l NOIO L NDUpeIIOS lecimns
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peaW Wllwek09/Pd,bM
leclwab
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"..0 Amount/
M'°nlnnl JOlnlMUm
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wrlllnel
TOTAL /TOTALS
5 $
PBrI BPrO�eet VVrlenu[(I.e., buaON.ceP4llmellnm)/
PBlllad.011idrenms do Prelal Pebudpt,ly O n,w. b...1..)
A (Ne{Mtl9f /L. Ugpnpsle
§ ��
A. NsYCV'ttuNCVUVUa!'✓n
S
C. ValuellDn /L'AvaNnlipn
5
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t
E. Fn.nC.I MDUeII Le mDtldl.Iledrtcbr
$
F. M ON ... u,D —T
s
NE?PPOJECTTOTALI
PROJET NET TOTAL
g
POO6- PO. 01 VarO10e0a0 l POOle 6 VerlllcMlOn tlu prolpt
T
File: 17813
t
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY- LAW NO. 2007-060
A By -law to amend the zoning provisions which apply to lands within Part of the
West Y2 of Lot 18, Concession 14 (Former Township of Oro),
191 Line 13 South, Township of Oro - Medonte
(S he Iswel 1 2006- ZBA -16)
WHEREAS the Council of the Corporation of the Township of Oro - Medonte is
empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the
Planning Act, R.S.O. 1990, c.P.13;
AND WHEREAS Council deems it appropriate to rezone the lands to prohibit further
residential uses, in accordance with Section D2 of the Official Plan;
NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte
hereby enacts as follows:
Schedule 'A11' to Zoning By -law 97 -95, as amended, is hereby further
amended by changing the zone symbol applying to the land located within
Part of the West 1/2 of Lot 18, Concession 14, in the former geographic
Township of Oro, now in the Township of Oro - Medonte, from
Agricultural /Rural (A/RU) Zone to the Agricultural /Rural Exception 176
(A/RU'176) Zone as shown on Schedule 'A' attached hereto and forming
part of this By -law.
2. This By -law shall come into effect upon the date of passage hereof, subject to
the provisions of the Planning Act, as amended.
BY -LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF MAY, 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
Acting Clerk, Jennifer Zieleniewski
Schedule to
• 2007-060
This is Schedule 'A' to By -Law 2007 -060
passed the day of 12007.
Mayor
H.S. Hughes
Acing Clerk
Jennifer Zieleniewski
TOWNSHIP OF ORO- MEDONTE
■
■
r.
TOWNSHIP OF ORO- MEDONTE
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2007.053
BEING A BY -LAW TO CONFIRM THE PROCEEDINGS OF THE
COUNCIL MEETING HELD ON WEDNESDAY, MAY 23, 2007
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
HEREBY ENACTS AS FOLLOWS:
t. THAT the action of the Council at its Council Meeting held on Wednesday,
May 23, 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 23'a DAY OF MAY, 2007.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 23rtl DAY OF MAY,
2007.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Acting Clerk, Jennifer Zielenlewski