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06 27 2007 Council AgendaTOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, JUNE 27, 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 June 13, 2007. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: a) 7:00 p.m. Draft Terms of Reference for Oro-Medonte Environmental Group Advisors (OMEGA). 9. DEPUTATIONS: a} 7:10 p.m. Ruth Fountain, re: Boat Storage, Non Commercial Property. 10. CONSENT AGENDA CORRESPONDENCE: a) Midland Public Library minutes, meeting held on April 12, 2007. Staff Recommendation: Receipt. b) Nottawasaga Valley Conservation Authority minutes, meeting held on May 11, 2007. Staff Recommendation: Receipt. c) Ontario's Lake Country minutes, meeting held on May 23, 2007. Staff Recommendation: Receipt. d) Springwater Library minutes, meeting held on June 12, 2007. Staff Recommendation: Receipt. e) Wayne Wilson, CAO/Secretary Treasurer, Nottawasaga Valley Conservation Authority, correspondence dated June 11, 2007 re: Request for NVCA to Review Operating and Capital Budget Structure. Staff Recommendation: Receipt. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: a) Report No. EES 2007-025, Keith Mathieson, Director of Engineering and Environmental Services, re: Tang Fen Wong and Richard Wong -Site Plan Agreement - 1131 Range Road -West Part of Lot 1, Range 2 and Part of Lot 2, Range 2, Township of Oro- Medonte -Being all of PIN #58555-0090 (Lt), Roll #4346-010-007-09300-0000 [Refer to Item 16f)]. b) Report No. EES 2007-026, Keith Mathieson, Director of Engineering and Environmental Services, re: Moon Point Corporation -Subdivision Agreement -Part of Lots 15 and 16, Concession 3 (South Orillia) and Part of the Road Allowance between Lots 15 and 16, Concession 3 (South Orillia) (Closed by By-law NSO 14786, Confirmed by By-law NSO 14787 and Approved by By-law NSO 14788), Being Parts 1 and 2 on Plan 51 R- 34471,Being all of PIN #58568-0046 (Lt) -Roll #4346-030-012-42700-0000 [Refer to Item 16g)]. 13. REPORTS OF COMMITTEES: a) Citizen of the Year Advisory Group draft minutes, meeting held on June 11, 2007. b) Committee of the Whole minutes, meeting held on June 20, 2007. c) Committee of Adjustment draft minutes, meeting held on June 21, 2007. 14. COMMUNICATIONS: None. 15. IN-CAMERA: None. 16. BY-LAWS: a) By-Law No. 2007-069 A By-law to Provide for Remuneration and Expenses for Members of Council and Council's Appointees to Local Boards and Committees/Technical Support Groups, and Expenses for Employees, and to Repeal By-law Nos. 2004-124, 2005-059, 2005-107 and 2007-020. b) By-Law No. 2007-070 Being a By-law to Appoint Building Inspectors/By-law Enforcement Officers and to Repeal By-taw Nos. 2006-052, 2006-073,2007-028 and 2007-052. c) By-Law No. 2007-073 A By-law to Appoint an Acting Chief Administrative Officer. d) By-Law No. 2007-074 A By-law to Provide for Permit Parking on Highways and Other Designated Areas within the Township of Oro-Medonte. e) By-Law No. 2007-075 A By-Law Imposing Special Annual Drainage Rates Upon Land in Respect of Which Money is Borrowed under the Tile Drainage Act. f) By-Law No. 2007-076 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and Tang Fen Wong and Richard Wong (as Joint Tenants) described as lands as follows: Part of the West Pt. of Lot 1 and Part of Lot 2, Range 2, Being Parts 2, 3 and 4, 51 R- 3530, Except Parts 1, 2 and 3, 51 R-30656, Being all of PIN #58555-0090 (Lt}, Roll #4346-010-007-09300-0000, Township of Oro-Medonte, County of Simcoe. g) By-Law No. 2007-077 Being a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro- Medonte and Moon Point Corporation described as lands as follows: Part of Lots 15 and 16, Concession 3 (South Orillia) and Part of the Road Allowance between Lots 15 and 16, Concession 3 (South Orillia) (Closed by By-law NSO 14786, Confirmed by By-law NSO 14787 and Approved by By-law NSO 14788), Being Parts 1 and 2 on Plan 51 R-34471, Being all of PIN #58568-0046 (Lt) -Roll #4346-030-012-42700-0000, Township of Oro-Medonte, County of Simcoe. 17. CONFIRMATION BY-LAW NO. 2007-71. 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT ADDENDUM COUNCIL MEETING Wednesday, June 27, 2007 10. CONSENT AGENDA CORRESPONDENCE: f) Oro-Medonte Chamber of Commerce minutes, meeting held on June 4, 2007. Staff Recommendation: Receipt. 12. REPORTS OF MUNICIPAL OFFICERS: c) Report No. TR 2007-15, Paul Gravelle, Treasurer, re: Renewal of Insurance Coverage. d) Report No. BP 2007-24, Bruce Hoppe, Director of Building and Planning Services re: Gord Rankin, Request to Temporarily Reside in a Trailer, East Part of Lot 13, Concession 10 (Medonte), Township of Oro-Medonte, 3750 Line 10 North. e) Report No. BP 2007-25, Bruce Hoppe, Director of Building and Planning Services re: County of Simcoe Proposed Waste Management By-Law [correspondence distributed under separate cover]. 14. COMMUNICATIONS: a) Frank Daulby, correspondence dated June 22, 2007 re: Driving Conditions, 4575 Line 8 North in Junction with Mount St. Louis Road. b) Carol Trainor, Clerk/Deputy Treasurer, Township of Essa, correspondence dated May 17, 2007 re: Appointment of Integrity Commissioner. 15. IN-CAMERA: a) Jennifer Zieleniewski, CAO, re: Personnel Matter. b) Mayor H.S. Hughes, re: Personnel Matter. c) Mayor H.S. Hughes, re: Legal Matter. DRAFT - ,rune 20, 2007 ° ~' ORO-MEDONTE ENVIRONMENTAL GROUP ADVISORS [OMEGA] TERMS OF REFERENCE It is recognized that: • Oro-Medonte Council is committed to lead by example to serve as a model in fulfilling environmental responsibilities. • Tapping into the expertise of volunteers has the potential to assist Council in working in concert with residents to fulfil its role. • It is essential that OMEGA work in harmony with existing structures and functions in a manner that avoids duplications. MANDATE: To EDUCATE ADVISE and ASSIST Council by: • Identifying issues and opportunities for Council's consideration • Acting as a "sounding board" for Council initiatives • Researching and providing information requested by Council • Volunteer work to carry out established environmental strategies within the framework approved by Council • Fulfilling the role of ambassador in regards to the "bigger picture" 1.0 GUIDING PRINCIPLES (Appendix A): In carrying out its mandate, the OMEGA will be governed by the following principles: • Collective and Individual Stewardship • Balanced Perspective • Sustainability 2.0 GENERAL STRUCTURE OF COMMITTEE 2.1 Oversight 2.1.1 Council will guide and define OMEGA's activities. 2.2 Membership (Appendix B): 2.2.1 OMEGA members shall be appointed for the term of Council or for a specific initiative 2.2.2 OMEGA shall consist of a minimum of eight (8) public members appointed by Council, two Council members and staff, as necessary. 2.2.3 The appointed public members shall serve on a volunteer basis, with no remuneration 2.2.4 Working Groups may be established for specific projects and issues 2.2.5 OMEGA will be chaired by one of the two Council members 2.2.6 OMEGA members will adhere to the Township's Procedural By-law 2.3 Activities as Assigned by Council 2.3.1 Research 2.3.2 Education 2.3.3 Report Recommendations 2.4 Reporting to Council 2.4.1 OMEGA will formally report to Council through their minutes, annual report or as requested by Council. 2.5 Funding/Budget 2.5.1 A budget will be considered on an annual basis, in conjunction with the Township of Oro- Medonte's budget deliberations. Expenditures require Council approval. -~ APPENDIX A: (DEFINTION of Terms) 1. Sustainability Use of land or a resource without having a negative impact on ecosystem integrity and with regard for future generations. 2. Balanced Perspective Recognition that decisions taken in the present must consider present and future generations and that considering input from all stakeholders can enhance balanced decisions pertaining to development. 3. Collective and Individual Stewardship We all have urgent responsibilities to learn, convey and apply Environmental Protection Principles, as individuals and as a municipality. APPENDIX B: (OMEGA Composition) 1. Council Two members of Council. One Council representative shall act as Chairperson. Council representation will be shared and will rotate through all members of Council, dependent on subject matter. 2. Staff as a Resource OMEGA activities may encompass a broad range of topics which will not be specific to any particular department. The Staff component of OMEGA will be as a resource, according to topics, and issues. The County of Simcoe will be asked to participate as required. 3. Public Members (minimum of eight) To achieve balance and diversity within the backgrounds in: • Agriculture • Business /Chamber of Commerce • Conservancy connection • Education system • Ecology • Health and wellness • Hydro membership, consideration may include 2 4 MIDLAND PUBLIC LIBRARY BOARD MEETING Page 1 of 6 DATE: April 12, 2007 LOCATION: Midland Public Library Boardroom PRESENT: G.A. Walker, A. Campbell, B. Desroches, C. Moore, B. Jeffery, J. LeFebvre, P. Steven REGRETS: J. Swick STAFF: G. Griffith, Recording Secretary, B. Molesworth, CEO ITEM i. ISSUE Call to order G.A. Walker called the meeting to order at 6:58 p.m. and welcomed Paula Steven, the newly appointed Board member representing the residents of the Township of Tiny. 2. Approval of the agenda Additions: ~ -~ °" "~"° 7. New Business ~~~ l ~ 2007 7.1 Convergent Library Technologies 8. Information 8.1 Document from SOLS Moved by: J. LeFebvre Seconded by: B. Desroches That the agenda be approved, as amended. 3. Approval of the minutes of the previous meeting ModiFcation: Item 5.4, pg 4 -second paragraph, line 4 Change "oversight" to "supenJision". Moved by: C. Moore Seconded by: B. Jeffery CARRIED That the minutes of the Board meeting held on March 8, 2007 be approved, as modified CARRIED ~ ~~ MIDLAND PUBLIC LIBRARY BOARD MEETING DATE: April 12, 2007 LOCATION: Midland Public Library Boardroom Page 2 of 6 ITEM I ISSUE ACTION 4. Business arising from the minutes 4.1 Budget B. Molesworth reported that the 2°d draft of the budget went to Council on April 2, 2007. Unless there are unexpected changes it will receive final approval on April 23, 200'7. The Library's new IT' position is still in the budget. 4.2 Staffing & Scheduling Plans B. Molesworth reviewed the reasons for the review of staffing and scheduling. He went on to speak about his recent interviews held with all the Staff involved in the process. A new organizational chart and the changed and new job descriptions proposed, were circulated to those Board members present. Three of the positions will presumably be filled by existing Staff. The Senior Circulation Clerk is a newly created position. Some of the existing part-time Staff have expressed an interest in this position. Concern was expressed about filling the job internally as it is a supervisory position and all those interested have worked together as peers for some time. Supervisory experience also may be lacking. A couple of suggestions were made as to how to deal with this situation fairly. In an effort to enhance Reference services it has been suggested that a small Information Desk or Kiosk be put on the Main floor. Space is already at a premium and existing furniture will have to be re-arranged to accommodate this addition. In order to cover this new service, as well as providing more coverage for the Children's Department, a new schedule will need to be developed. A statistical study of circulation was undertaken to give us some idea of when we are busiest, both by time of day and day of the week. This report was e-mailed to the Boazd before the meeting. G. Crriffith provided clarification of the information. B. Molesworth asked for an acceptance of the overall new organizational plan. ', ~`' ~. MIDLAND PUBLIC LIBRARY BOARD MEETING DATE: April 12, 200? Page 3 of 6 TTEM ISSUE AC'I'IU1V 4. Business arising from the minutes -continued Moved by: C Moore Seconded by: J. LeFebvre That the Board approve the draft of the new job descriptions and the draft of the new organizational chart and instruct Staffto continue to work on a new schedule. There was further clarification of the new organizational chart in relation to the new IT position. It was pointed out that, because of the nature of this position, the person will be reporting to more than one person. In fact, it is envisioned that a Committee will be struck consisting of the Chief Librarian, The Head of Adult and Information Services, the Head of Technical Services and the new IT person to discuss IT issues and purchases from various perspectives. 4.3 Board/Staff and Marion Locke events C. Moore, who has offered to host the Board/Staff get together, put forward some possible dates for everyone to consider. The Staff will be consulted at the upcoming Staff meeting. Marion Locke's retirement reception was discussed. Approximately 75 invitations have been mailed out and selected patrons and Council will be notified of the event. Catering the occasion is too expensive, but food will still cost around $400.00_ B. Molesworth made a suggestion for a gift that the Board would present at the event. Total cost estimated will be $550.00. It was agreed that a motion was required. Moved by: B. Desroches Seconded by: A. Campbell LOCATION: Midland Public Library Boardroom CARRIED That the Board approve an expenditure of $550.00 for M. Locke's retirement reception and gift. CARRIED ~~ ~-~ MIDLAND PUBLIC LIBRARY BOARD MEETING Page 4 of 6 DATE: April 12, 2007 LOCATION: Midland Public Library Boardroom ITEM I ISSUE 5. 'Approval of the accounts Moved by: A. Campbell Seconded by: B. Jeffery That the accounts for the month of 11~arch 2007 totalling $31,480.63 be approved. 6. Reports of Board Committees 6.1 Finance Committee -Art Campbell, Chairman A. Campbell distributed a Financial Statement for the three months ending March 31, 2007. Because the 2007 Town of Midland budget has, not been completely finalized, there are no budgeted figures showing, as yet, for comparison. The financial report was adopted. 6.2 Fundraising Committee Fundraisine B. Molesworth has still not had a response from the fundraiser that was suggested to him. He will continue to pursue other avenues along with G.A. Walker. It had been suggested at a previous meeting that Mary DiTomaso might be willing to fill the final vacancy on the Board, but she is still very busy with othc;r obligations. Mailine B. Molesworth distributed a copy of a new, draft fundraising letter to be sent out. A discussion about the length of the letter ensued. The letter would be sent to azound 4,000 to 5,000 individuals at a cost of around $3,000.00. B. Jeffery suggested that we ask the P.U.C. to include the appeal in one of their mailings. Another suggestion offered was that the letter have atear-off portion at the bottom instead of a separate card so as to reduce the cost of printing. It was agreed that the inclusion of a return envelope was important. b.3 Building Committee April 23 John Knibb's presentation to Council of the conceptual drawings ofthe proposed expansion will take place on Monday, Apri123, 2007 at 7:00 p.m. in the Council Chambers. It was suggested that members of the ACTION CARRIED l~~ _~ MIDLAND PUBLIC LIBRARY BOARD MEETING Page 5 of 6 DATE: April 12, 2007 LOCATION: Midland Public Library Boardroom I'CEM ISSUE ACTION 6. Reports of Board Committees -continued Board attend. B. Jeffery suggested that afollow-up meeting be set up with the Board and Council where there would be more time to discuss the plans. Infrastructure Fundine B. Molesworth reported that he has heard, once again, of Libraries receiving funding from the Province for infrastructure projects. He will continue to investigate this opportunity. 6.4 Report from the Friends of the Midland Public Library There are a couple of new members attending meetings that are looking into possible fundraising initiatives. A newsletter will likely be produced again with a membership component. 7 New business 7.1 Convergent Library Technologies B. Molesworth explained that the Province has, once again, sent Libraries a one time grant, as they did last year, of $9,000.00. Last year it was $10,500.00. He informed the Board that there is an Internet reservation or booking software that he would like to pwchase with this money. The software is called PC Reservation and it makes it possible for patrons to sign themselves in for preset time limits, depending on how we configure the settings. Signing people in for Internet use is very time consuming. Installing this software would help us streamline our operations and move toward our stated goal of enhanced Reference services. Moved by J. LeFebvre Seconded by: A. Campbell That the Board approve the expenditure of $7,538.00 + taxes to pwchase the Convergent Library Technologies software PC Reservation and LPTl . CARRIED t ~~, m $ . +....! MIDLAND PUBLIC LIBRARY BOARD MEETING DATE: April 12, 2007 LOCATION: Midland Public Library Boardroom Page 6 of 6 ITEM ( ISSUE I ACTION 8. Information 8.1 Chief Librarian's Report B. Molesworth reported on some statistical data on usage of our new databases. 8.2 Ministry of Culture B. Molesworth read the letter from our Ministry announcing the one time grant of $9,000.00 mentioned earlier. 8.3 Document from SOLS The Southern Ontario Library Service sent us a new document called "Creating the Future You've Imagined". This is a planning document. If any of the Board is interested in having a look, let B. Molesworth know and he will make it available. 9. Adjournment Moved by: B. Jeffery That the meeting be adjourned at 8:28 p.m. u/ Chairman of the Board Librarian NOTTAWASAGA VALLEY CONSERVATION AUTHORITY ~.*"`~`"'' BOARD OF DIRECTORS MEETING #05-07 ~: May 11, 2007 MINUTES ~y~n1lN~ Location:Tiffin Centre for Conservation -John L. Jose Environmental Learning Centre PRESENT: Chair: Fred Nix Town of Mono Vice Chair: Walter Benotto Town of Shelburne Members: Sandy Agnew Township of Oro-Medonte Rick Archdekin Town of Wasaga Beach Mary Brett Township of Adjala-Tosorontio Orville Brown Township of Clearview Reg Cowan Township of Springwater John Crawford Township of Oro-Medonte Dennis Egan Town of New Tecumseih (left at 10:49) Tom Elliott Township of Spring Water Terry Dowdall Township of Essa Sonny Foley Town of Collingwood Richard Lloyd City of Barrie Gary Matthews Township of Melancthon John McKean The Town of The Blue Mountains Gord Montgomery Township of Mulmur Cal Patterson Town of Wasaga Beach Brian Mullin Municipality of Grey Highlands Ron Simpson Town of Bradford West Gwillimbury Joan Sutherland Town of New Tecumseih Bill Van Berkel Town of Innisfil Barry Ward City of Barrie (arrived at 9:05 a.m.) Robert Walker Township of Clearview Percy Way Township of Amaranth REGRETS: Dave Labelle Town of Collingwood Sandie Macdonald Township of Essa STAFF PRESENT: CAO/Secretary-Treasurer Mgr. Administration & Human Resources Manager of Finance Director of Land & Water Stewardship Services Manger of Stewardship Services Lands and Water Lands and Water Lands Tech Student Lands and Water Lands Tech Student GIS Analyst Director of Planning Manager of Planning Policy & Regulations Director of Engineering ~b Wayne Wilson Susan Richards Susan Whitters Byron Wesson Fred Dobbs Steve Green Lorriane Atterly Jacob Scott Tina DeRochers Marilyn Eger Bev Booth Glenn Switzer RECORDER: Laurie Barron, Administrative Assistant, Corporate Services GUESTS: Michael Laycock, Auditor BDO Dunwoody Mayor David Guergis, Township of Essa -arrived at 9:30 a.m. ~ ~~ ~ . BOARD OF DIRECTORS MINUTES MEETING No: 05-07 11 May, 2007 - 2 - CALL TO ORDER Chair, Fred Nix called the meeting to order at 9:00 a.m. ANNOUNCEMENTS Tina DesRoches, GIS Analyst and Festival Wetland Festival Event taking place on Conservation. The Festival will include: Tours, Artisans, Camping and much more. Minesing Wetland Fund. Tina advi (www minesingunplugged.ca) Coordinator announced the Minesing Unplugged June 16 & 17, 2007 at the Tiffin Centre for Featured Musical Performances, Guided Nature All of the proceeds from the event will go to the sed that tickets are available on-line at A. MOTION TO ADOPT AGENDA Item 5.1 was added under New Business -Clean Water Act 5.1 Item (n) added under Correspondence Item 2.1 a correction in the list of permits for ratification re: Collingwood Township should read the Town of Collingwood (page 25 of the agenda) RES. #1 MOVED BY: Garry Matthews SECONDED BY: Tom Elliott RESOLVED THAT: The Agenda for Board of Directors Meeting #05/07 dated 11 May, 2007 be adopted. B. PECUNIARY INTEREST DECLARATION None Noted C. Wayne Wilson, CAO/Secretary Treasurer introduced a new staff member to the Board Directors. Marilyn Eger has joined the NVCA as Director of Planning. Marilyn brings over 30 years of progressive management experience in the planning profession within the public sector. She has a vast knowledge of environmental, urban and rural planning, land and infrastructure development, as well as a thorough understanding of relevant provincial legislation. The NVCA is proud to have Marilyn join the team. INTRODUCTION OF LAND AND WATER STEWARDSHIP SERVICES STAFF MEMBERS Byron Wesson, Director of Land and Water Stewardship Services introduced three new staff members to the Board of Directors. Steve Green has joined on a permanent full- time basis as Land & Reforestation Assistant. Steve has been a familiar face around the NVCA and we are pleased to have him join on a permanent basis. Jacob Scott and Lorraine Adderley have joined the Lands and Water team as Lands Resource Technical Assistants, both Jacob and Lorraine are Environmental Science students and will be joining the NVCA for the summer months. ~ -- ~, BOARD OF DIRECTORS MINUTES MEETING No: OS-07 11 May, 2007 - 3 - D. MINUTES Minutes of Board of Directors Meeting 04/07, dated 13 April 2007. RES. #2 MOVED BY: Ron Simpson SECONDED BY: Gary Matthews RESOLVED THAT: The Minutes of the Board of Directors Meeting 04/07, dated 13 April 2007, be approved. Carried; Draft Minutes of the Executive Meeting 04/07 dated 27 April, 2007. RES. # 3 MOVED BY: Ron Simpson SECONDED BY: Gary Mathews RESOLVED THAT: The Draft Minutes of the Executive Meeting 04-07 dated 27 April, 2007 be received. Carried; Board Hearing, under Section 28 of the Conservation Authorities Act, #04-07 dated 27 April, 2007. RES. #4 MOVED BY: Gary Mathews SECONDED BY: Ron Simpson RESOLVED THAT: The Minutes of the Board Hearing, under Section 28 of the Conservation Authorities Act, #04-07, dated 27 April, 2007 be approved, as amended. Carried; E. BUSINESS ARISING FROM MINUTES Garry Matthews, member representing the Township of Melancthon questioned item #7 of the Draft Executive Committee Minutes and whether the lease agreement for Riverdale Park would be brought forward to the Board of Directors for approval. The CAO/Secretary Treasurer advised that once completed and reviewed by the Executive, the Lease agreement will be brought to the Board of Directors for approval. F. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION The Board of Directors identified item(s) # 2.1, and #3.1, through to #8 for discussion. G. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION RES. #5 MOVED BY: Tom Elliott SECONDED BY: Orville Brown RESOLVED THAT: The following item # 2.2 and associated resolutions respecting the matters listed as "Items Not Requiring Separate Discussion" be approved as submitted to the Board of Directors and Staff be authorized to take all necessary action required to give effect to same. Carried; L ~ ;i BOARD OF DIRECTORS MINUTES MEETING No: 05-07 11 May, 2007 1 2 3. DEPUTATIONS NVCA 2006 Preliminary Audited Statements presented by Mr. Michael Laycock, Auditor, BDO Dunwoody Barrie Mr. Laycock reviewed the 2006 Audited Financial Statements with the Board of Directors. Mr. Laycock advised that there was no evidence of misstatement that would have a material affect on the financial statement and accordingly, has issued an unqualified audit report. Dennis Egan, member representing the Town of New Tecumseth requested clarification regarding the reporting of Source Water Protection program costs and suggested that the costs be broken out and made available as part of the budget going forward next year. Chair Fred Nix advised that the suggestion would be taken into consideration in the review of the budget process next year. REPORT OF THE MANAGER OF PLANNING POLICY AND REGULATIONS 2.1 Permits for Ratification RES.# 6 MOVED BY: Tom Elliott SECONDED BY: Orville Brown RESOLVED THAT: The Permits/Approvals issued by staff for the period March 30, 2007 to April 30, 2007 be approved. Carried; 2.2 Appointment of Officer under the Conservation Authorities Act RESOLVED THAT: Karen Dykxhoorn be appointed as an Officer under Section 28(1)(d) of the Conservation Authorities Act subject to completion of the recommended criteria as outlined by the Ministry of Natural Resources. Carried by consent agenda RES #5; REPORT OF CAO/SECRETARY TREASURER 3.1 Financial Report -Statement of Operations Summary for the Period ending March 31, 2007 Discussion ensued regarding Planning Revenues. The CAO/Secretary Treasurer advised that the Planning Revenues are consistent with the projection in the 2007 budget for the first quarter. RES. #8 MOVED BY: R. Lloyd SECONDED BY: Percy Way RESOLVED THAT: The Statement of Operations Summary for the Period ending 31 March, 2007 be received. Carried; 4- t~ -= BOARD OF DIRECTORS MINUTES MEETING No: 05-07 11 May, 2007 - 5 - 4. REPORT OF THE CHAIR • Conservation Ontario Notes Chair Fred Nix provided a summary of the April 30/07 meeting of Conservation Ontario to the Board Members. 5. NEW BUSINESS 5.1 Clean Water Act Chair Fred Nix provided an update on the Clean Water Act. Consolidated comments of the member parties within the South Georgian Bay Lake Siimcoe Source Protection Region have been submitted to the Ministry of the Environment. Noted in the comments submitted was the concern with short timelines to establish the Source Protection Committee. Given the complexity of the South Georgian Bay-Lake Simcoe Source Protection region it was requested that the Province and the Ministry of the Environment review the proposed timelines and allow additional time to fulfill regulatory commitments. The Chair encouraged the Board Members to advise their municipalities of the Source Water Protection meeting, being held on Thursday, June 7`" from 10:00 a.m. to 1:00 p.m. at the Highwayman Inn & Conference Centre, 201 Woodside Drive, Orillia. This meeting is one of a series of meetings being held to introduce stakeholder groups to the various Source Water Protection concepts, outline legislative responsibilities, share proposed formation strategies to establish the Source Protection Committee, and to seek input and feedback. 5.2 Garry Matthews, member representing the Township of Melancthon advised the members of an information session being held at the Shelburne Regional High School on May 26`h from 10 a.m. to 3 p.m. regarding Clean Energy and Global Warming. 6. IN-CAMERA RES#9 MOVED BY: Reg Cowan SECONDED BY: Tom Elliott RESOLVED THAT: This meeting of the Board of Directors No. 05-07 go "In-Camera" at 9:52 a.m. to address matters pertaining to: a proposed or pending acquisition/disposition/leasing of land for Authority purposes; and, THAT: The following staff be in attendance: Wayne R. Wilson, B.Sc., Chief Administrative Officer/Secretary-Treasurer, Byron Wesson, Director of Land and Water Stewardship Services, Fred Dobbs, Manager, Stewardship Services, Glenn Swittzer, Director of Engineering and Technical Services, Marilyn Eger, Director of Planning, Bev Booth, Manager, Planning Policy & Regulations, Mayor David Guergis, Township of Essa and Laurie Barron, Administrative Assistant/Recording Secretary. Carried; ~..'z BOARD OF DIRECTORS MINUTES MEETING No: 05-07 11 May, 2007 - 6 - OUT OF IN-CAMERA RES#10 MOVED BY: Tom Elliott SECONDED BY: Reg Cowan 8. RESOLVED THAT: This meeting of the Executive Committee No. 05-07 come out of "In-Camera at 10:37 p.m. Carried; CORRESPONDENCE (a) Email received by Beverley Booth, Manager, Planning Policy and Regulations from the President of the Bass Lake Ratepayers Association, dated Apr 13/07 re: NVCA Hearing held on April 13/07. Tom Elliott, member representing the Township of Springwater questioned why the above noted material (a) was not provided at the time of the hearing held on April 13/07. The CAO/Secretary Treasurer advised that the material was received after the deadline and could not be included. (b) Letter from NVCA to applicant re: Notice of decision, Hearing held Apr 13/07, dated April 17107 re: Development Proposal, Part Lot 1, Concession 14, 26 Bass Line. (c) The Town of Wasaga Beach memorandum dated Apr 24107 re: Council Mission Statement, Vision Statement and Priorities for 2007-2010. (d) Media release dated Apr 24/07 re: Conservation Ontario Supports ECO Call for Increased Investment For The Natural Environment (e) Email from NVCA Director of Engineering and Technical Services to the Director of Technical ServicesiDeputy CAO, Town of New Tecumseth dated Apr 26/07 re: Waste Water Treatment Plant. (f) Correspondence from the Township of Oro-Medonte received Apr 26/07 re: Township's Request to the NVCA - Structure of Operating and Capital Operations. Response from NVCA CAO/Secretary Treasurer dated May 2/07. (g) Correspondence from the Township of Oro-Medonte received Apr 26/07 re: Request for NVCA 2006 project list and 2007 proposed project list. Response from NVCA CAO/Secretary Treasurer dated May 2/07. Discussion ensued regarding correspondence item (t) and (g). John Crawford, member representing Oro-Medonte further clarified the intent of the request for a outline of the structure of NVCA Operating and Capital Operations. Wayne Wilson, CAO/Secretary Treasurer explained that most of the business carried out by the NVCA is operational. It would be very difficult to maintain watershed programs if the programs were deemed special benefiting, as each municipality could opt out of funding. The programs carried out by the NVCA are for the most part general benefiting. In the case of special benefiting programs, the NVCA bills the municipality directly. -`~ BOARD OF DIRECTORS MINUTES MEETING No: 05-07 11 May, 2007 - 7 - It was agreed that item (g), requesting a list of projects completed in 2006 and 2007 by municipality would be of benefit to the municipal members. A summary of services will be provided in the 2006 Annual Report. (h) News Release dated Apr 3/07 re: McGuinty Government takes action to Protect Province's Water. (i) News Release dated Apr 22/07 re: Premier McGuinty Celebrates Earth Day with Tree Planting. Q) Nomination of the Conservation Pioneer Award at the 2007 Latornell Conservation Symposium -nominations to be received no later than June 29/07. Discussion ensued regarding nominations for the Conservation Pioneer Award. To date there has not been a nomination put forward. (k) News Release dated Apr 24/07 -Environmental Commissioner of Ontario re: MOE, MNR starved of funding for core functions. Mary Brett, member representing Adjala-Tosorontio questioned the need for the NVCA to request support of the municipalities regarding funding for core functions. The Chair advised that Conservation Ontario has responded to this letter on behalf of all Conservation Authorities. (I) Press Release sent Apr 16/07 re: NVCA Watershed Report Cards - A Summary of Watershed Health. (m) Letter to Mayor Geurgis from Chair Nix dated April 13`" re: Deputation to May 11'h Board of Directors. (n) On table correspondence -Chair Fred Nix provided a copy of the his presentation made at April 28/07 Mono-Mulmur Citizen's Coalition. He described the activities of the NVCA and its mandate under 12 different provincial and federal Acts. The Chair finished the discussion with what he saw as three major issues facing the NVCA over the next few years. The three issues noted were: Funding, Duplication in Planning Services, and the Clean Water Act. RES. #11 MOVED BY: Richard Lloyd SECONDED BY: Percy Way RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; ~' BOARD OF DIRECTORS MINUTES MEETING No: 05-07 11 May, 2007 -$- PRESENTATION Minesing Wetland Inventory Byron Wesson, Director of Land and Water Stewardship Services and David Featherstone, Manager, Watershed Montioring Program presented an overview of the completed Minesing Wetland Inventory. The Minesing Wetlands Flora and Fauna Biological Inventory was completed for the Friends of Minesing Wetlands (FOMW) and Nottawasaga Valley Conservation Authority (NVCA) as part of the Minesing Wetlands Management Plan. Funding support for the project was provided by the FOMW, the NVCA and the following organizations: Brereton Field Naturalists Friends of the Environment Foundation, Helen McCrae Peacock Foundation, Rotary Club of Barrie,Shell Environmental Fund The first biological inventory of Minesing Wetlands (formerly Minesing Swamp) was undertaken in the mid 1970's by Bobbette and Maycock (1975). The area has gone through some significant changes over the past 30 years. Recognizing these changes, an updated biological inventory was deemed necessary by conservation partners to assess current ecological conditions and pressures and aid in the creation of future management strategies, recommendations and projects. The Minesing Wetlands has been designated as an internationally significant natural area under the RAMSAR convention and is a Provincially Significant Wetland and Life Science Area of Natural and Scientific Interest. It is generally protected from land-use change through provincial, municipal and Conservation Authority planning policies and regulations. The report has been placed on the NVCA web site www.nvca.on.ca FUTURE MEETINGS EXECUTIVE MEETING -May 25/07 NATIVE PLANT SALE -June 2/07 BOARD OF DIRECTORS -June 8107 ADJOURN TO ADVISORY COMMITTEES RES. #12 MOVED BY: Richard Lloyd SECONDED BY: Percy Way RESOLVED THAT: This meeting adjourn at 11:20 a.m. to meet again at the call of the Chair. Fred Nix, Chair Dated on the 8 day of June, 2007 Wayne R. Wilson, CAO/Secretary-Treasurer ~~~- ONTARIO'S LAKE COUNTRY BOARD OF DIRECTORS MEETING Minutes of the meeting of the Board of Directors held in the CDC Boardroom, on Wednesday, May 23, 2007 at 9 am. PRESENT: Andrei Kun, Bruce Chappell, Greg Heffering, Roger Selman, Tara Woodward, Kathryn Stephenson, Carol Benedetti, Liz Summerfield, Roy Menaugh, Christine Jarvis, Donna Hewitt, Christine Anderson ABSENT: Bruce Both, Shawn Binns, Steve Sanderson 1. APPROVAL OF MINUTES - It was moved by Tara Woodward and seconded by Kathryn Stephenson and carried that, "THAT the minutes of the Board Meeting held on Monday, May 14`b, 2007 be approved as circulated." 2. BUSINESS ARISING - Christine reported that the spot yield performance of the Lake Country GIC held with TD Canada Trust has received returns of 3.37% - to Mar. 31/07, 3.02% - 2006, 1.78°Io for 2005 and 1.45% for 2004. Given that the balance invested is approximately $5,700 a return of 3.37% was felt to be reasonable. - Christine reported on the $100 noted on the financial statements presented at the May 14`h Board meeting under the Advertising Expense billboard. This represents the annual administration fee charged by the County of Simcoe for the sign on Rama Road. 3. ELECTION OF EXECUTIVE - Through acclamation, the following individuals were elected to the following positions: • President: Bruce Chappell • ls` Vice President: Roger Selman • 2nn Vice President: Kathryn Stephenson • Secretary/Treasurer: Tara Woodward • Past-President: Greg Heffering - Banking: Signing officers: Currently cheques require two of three signing officers. It was discussed that signing authority should be two of the five-person Executive Committee to sign. Christine will make arrangements for proper paperwork to be executed with the bank. Action: Christine to see if Lake Country members could get reduced VISA/Mastercard rates. Banking will remain at TD Canada Trust with the cun~ent signing officers (Greg, Kathryn, and Kim Viney) until that time this issue is resolved at the next meeting. i~c~~ 4. CORPORATE STRUCTURE - Membership on the four Adjunct Committees was discussed. It was noted that a Board Member must Chair each of these committees to ensure proper reporting is made back to the Board. All positions were acclaimed. Fund Raising Committee: • Purpose: Securhrg corporate sponsorships which would include government funding and grants, and working with preferred suppliers. Chair: Tara Woodward Members: Carol Benedetti, Christine Anderson, others to be identified for discussion at next meeting. Membership Committee: • Purpose: Developing membership package benefits, promoting & selling memberships. • Chair: Bruce Chappell Members: To be identified for discussion at next meeting. Other: Marian Parrott has submitted a proposal to execute a membership drive campaign. This proposal was initially for a Severn blitz at $4,995. The concern was raised at the last meeting that this might not be a valued use of time if Severn does not reconsider and we must exclude Severn businesses. The concept of a membership campaign to be initiated while we are hiring and training the ED has merit. There is a need to get the renewals of past members -this should be a first step. We should solicit a new proposal from Marian. The proposal should be tied to the projected target of 200 members. It is important that we keep to our mandate, other tourism associations have found that sometimes more members is not better as many small businesses can be very time consuming and may take the association away from their marketing mandate. Keep in mind that that philosophy may not be supported by the municipalities. The membership committee needs to develop its sales pitch to be used by the sales team. Marian should be asked to provide a proposal that is tiered in structure financially to achieving a target of 300. In addition, we need her to develop a membership package with marketing plan. We might consider compensating at 20% for renewals, 30% of new memberships would include the cost of material development. It was moved by Roy Menaugh, seconded by Carol Benedetti and carried, "THAT Bruce Chappell has permission to talk to Marian Parrott in regards to a commission-based membership drive at 20% for past members, 30% for new members, development of membership materials with a target of 300 members." Management Committee: • Purpose: Supervision of staff, budget, operations etc. • Chair: Greg Heffering • Members: Roy Menaugh, Kim Viney, Bruce Chappell others to be identified for discussion at next meeting. . • Marketing Committee: • Chair: Liz Summerfield • Members: Roger Selman, Kathryn Stephenson others to be identified for discussion at next meeting. - Action: Committees to come back to next meeting with additional potential members. • Advisory Committee: Suggestions included: Kim Viney, Mark Downing, Craig Metcalf, Karen Woolcox, John Weber, Arthemise Lalonde with the CDC to provide their list. We need 3 of the above group. Action: Greg to contact these candidates. - Action: Roy checking on the ability to change bylaws prior to ratification by the members at the AGM. Also to see if we a special meeting of the members could be called. The issue is the change in year end. 5. COMMON INTEREST COMMITTEE MEETING - Big issue identified was moving ahead with the steps to hire the ED rather than waiting for confirmation from Severn. Too much time would be lost We need to have all the process in place. Run the ads, get through the interviews but do not offer the job. Might need a Plan B in the event no Severn funding. Some municipalities would need to go back to their councils if the funding rules change without Severn. Municipalities want more reporting and accountability. Will need to determine the role of the CDC, Christine, and Donna. This will require a meeting of CDC and Lake Country. - Severn funding may come forward in early June. There has been significant work on some of the Severn councellors to get them on side. The sense is that they will be on board and that we should proceed on that premise. - Three mayors present -Duffy, Hughes, Stevens. - They want the direction to be straightforward and that there is a relationship with the CDC. - Greg spoke to Dan Shilling regarding their appointee. They require a letter requesting an appointee. Invoice to be sent for Sept. Is` 6. SEVERN TOWNSHIP UPDATE - We need to find out when the Severn council might reconsider so that we can mobilize the businesses. Action: Kathryn to find out and communicate to the Board. 7. EXECUTIVE DIRECTOR - A Job Description has been drafted and circulated to all members. Action: Everyone to read it and provide feedback to Bruce & Tara by next week °A ~ __ '~_ - A second draft to be sent out prior to next meeting. Ad to be reviewed at that time as well. Looking to approve and finalize at the June 6`h meeting with ads to be submitted June 7a'. - It was moved by Roy Menaugh, seconded by Greg Heffering and carried, - "THAT OLC approve a process to hire the ED immediately." - It was moved by Roy Menaugh, seconded by Greg Heffering and carried, - "THAT the motion to approve the process to hire the ED be tabled to the next Board Meeting." 8. INFORMATION CENTRES - Ramara Centre is open and cleaned up. This is a high traffic area located south of Brechin on Highway 12. HTA has been hired to rack there. The question was raised: Who do we include for brochure distribution? Should it be consistent amongst the centres? Should it include just Lake Country members? Perhaps Provincial materials? - City of Orillia will provide space in the entrance of the Opera House and a portion of the student salary. They would like to have their centre operational for June 27`h for training with the centre open June 29`h. This facility would be open 7 days/week July and August. Lake Country in partnership with the City would be responsible for signs, computer, phone, racks and the desk. - Oro-Medonte is in the process of identifying a location but needs to secure a building. - Lake Country needs to have a coordinator in place to make sure the centres are run consistently -Same signs, same brochures etc., that the staff are properly trained and supervised and that the materials are stocked appropriately. Georgian College students might be interested. - There needs to be a working committee to develop action plan, strategy, and budget and report back to the Board. Committee to include: Roger Selman, Kathryn Stephenson, Carol Benedetti, Donna Hewitt, Bruce Chappell and Christine Anderson. This group to meet on Wednesday, May 30"' and report back at the next Board meeting. 9. REVISION OF TIMELINES/ACTION PLAN - The revision of the timelines to be tabled until next week, though the Board was encouraged to review the current plan prior to next meeting. 10. OTHER BUSINESS - Roy presented opportunity to work with the Artisan's Tour -item to be discussed at next meeting. - Lake Country website doesn't pop up as there are many other Lake Country's. An item for perception issue and for discussion in the strategic planning. ~- ~. ~, 11. ADJOURNMENT - It was moved by Roy Menaugh, seconded by Kathryn Stephenson that the meeting be adjourned. The meeting was adjourned at approximately 11 a.m. `j.~ ~ T Springwater Library Board Meeting June 12, 2007 (at the home of Linda Collins) Attendance: Dave Snedden, Chair Katy Austin Marg Campbell Donna Kenwell Claude Richardson Muriel Van Vugt Linda Collins, Council representative Also present: Lynn Patkau, Chief Librarian Regrets: Reet Skelton, Reg Cowan 1. Call to order: In the absence of the Chair, Vice-chair, Dave Snedden, acted as chair for the meeting. Moved by: Richardson Seconded by: Campbell 07-22 That the meeting of the Springwater Township Public Library Board come to order at 5:05 pm. Carried 2. Approval of the minutes: Moved by: Van Vugt Seconded by: Collins 07-23 That the minutes of the Springwater Township Public Library Board meeting held on May 8, 2007 be approved Carried al 3. Matters arisine from the minutes: a. Strategic plan: Due to the short meeting Lynn requested that members forward any thoughts or ideas to her in preparation for a summer planning meeting. Claude suggested: - some way to acknowledge the needs and wishes of the First Nations people in our community acid perhaps seek representation and input from them - focus on the arts Donna inquired about accreditation Claude, Lynn, Donna and Linda arranged to meet on July 23 for another strategic planning committee meeting and will report back at the next meeting. b. Midhurst renovation -update: Ted Handy Associates are coming this week for a site visit. He is the only contractor who has expressed interest at this point. The renovation must be completed by the end of November. c. Elmvale Garden -update: Glenda's Gardens will be working on the garden on June 14 & 15. Linda explained that there is a procedural requirement which must be followed with regard to dedication of public spaces. 4. Librarian's report Lynn reviewed the printed report. She also reported that the emergency lights at the Elmvale Branch are not working as of June 8 power outage. She has reported this to Ron Belcourt. 5. Correspondence a. Tiny, Oro-Medonte re: minutes -Lynn has received e-mails from both municipalities. May draft minutes were sent with a request to respond if the municipalities would be interested in receiving the minutes on a regular basis. Both municipalities would appreciate having them sent. 6. Accounts /Finance a. Invoices Moved by: Seconded by: 07- 24 Kenwell Richardson ~ n That the following invoices on the Council cheque register be approved for payment: June 4, 2007 - in the amount of $10,5'72.22 Carried b. Procedures for unbudgeted expenditures -Lynn met with Township Treasurer, Laurie Kennard, to discuss the use of funds received after the budget has been set. She stated that a Report to Council be made explaining the funds involved and how the Library Board intended to use the funds. 7. New business a. Critters at the library (Midhurst Branch) -There are animals in the roof of the Midhurst Library. Robertson's Wildlife and Pest Control will be dealing with this by the end of the week. Cost is approximately $1500. Consultation was made with Ron Belcourt. b. Proposal for new open hours: Lynn handed out a summary of what has been done so far and staff's comments about the proposed changes. Concern was expressed over a more consistent opening and closing times. Dave felt that it was unlikely to get more than afour-hour increase in library hours from Council. Lynn, Claude and Linda will fine tune the proposed new hours and call a short vote in August before making a final decision on this matter. Council will be advised of the new hours. Moved by: Kenwell Seconded by: Campbell 07-25 That the proposed change in hours reflecting staff consultation be approved in principle dependent on further consideration to the library budget. Carried !, $. Next meetine -September 71 at the Elmvale Branch (7pm) 9. Miscellaneous: * Claude asked if there is a map of the buildings for the purpose of fire safety. Dave stated that all the necessary extinguishers are in place. Lynn will follow up with the fire department to ensure that are requirements are met. * Katy reported that the book reports are continuing in the newspaper. 10. Adiournment Moved by: VanVugt Seconded by: Austin 07- 26 That the meeting of the Springwater Township Public Library Board adjourn at 6:00 pm. Carried Council members joined the Library Board for a BBQ. ~~ t --- ~ June 11, 2007 Mayor Hughes and Council JUN ~ ~ 2DDI The Township of Oro-Medonte ®~,O- 148 Line 7 South T ~EDOPVT Oro, Ontario Ow~Syfp E LOL 2X0 Member Municipalities Dear Mayor Hughes and Council: Re: Request for NVCA to review Operating and Capital Budget structure -- Further to the your request that the NVCA Board of Directors consider restructuring the NVCA budget format, please be advised that this matter was presented at the June 8/07 meeting of the NVCA Board of Directors for review and direction. The following resolution was carried. MOVED BY: Sandy Agnew SECONDED BY: Richard Lloyd RESOLVED THAT: The NVCA maintain the current budgeting format/structure; and, FURTHERMORE: That during the 2008 and 2009 Business Plan and budget ` preparation process, that NVCA Board Members and Staff review the NVCA budget - • - format to ensure continued compliance with appropriate auditing and legislative . ~, requirements; and, THAT: The budget continues to serve the Board Members needs. Carried; A copy of the staff report presented to the Board of Directors on June 8/07 is enclosed for your information. ~~ Regards ~ ;9 Watershed ~~~~~~^ij/~ Counties 1/~ Wayne R. Wilson s.~,<<~~ CAO/Secretary Treasurer Copy: NVCA Chair Fred Nix ~1;%?7.:r "°i s'PI2" f: Ltl" e ~.-`c'€dfr'i t' 6'}~r#?E'~.si -~.1 ~~ NOTTAWASAGA VALLEY CONSERVATION AUTHORfCY Centre for Conservation Conservaton John Nix Conservation Administration Centre - Tiffin Conservation Area 8195 Sth Line Utopia, On LOM 7T0 ONTARIO Telephone: 705.424.1479 Fax: 705.42A2115 Web: www.nvca.ortca ~ Email: admin®nvca.oaca STAFF REPORT a e Date: June 8, 2007 Meeting No.: 06-07 To: The Chair and Members of the Board of Directors From: Wayne Wilson, CAO/Secretary Treasurer Subject: Oro-Medonte request to change NVCA Operating and Capital Budget Format/Structure Recommendation: Resolved that the NVCA maintain the current budgeting format/structure; and, Furthermore: that during the 2008 and 2009 Business Plan and budget preparation process, that NVCA Board Members and Staff review the NVCA budget format to ensure continued compliance with appropriate auditing and legislative requirements, and that the budget continues to serve the Board Members needs. Background: The Municipality of Oro-Medonte has requested that the NVCA Board of Directors, consider restructuring the NVCA budget format, (see attached resolution). Conservation Authority budget formats have evolved over the years. They are shaped by the following standards/requirements: • Conservation Authorities Act and MNR Policies, • Canadian Auditing Standards via Authority Auditors and • Local Conservation Authority funding realities, reflecting local issues and needs. The current budget format utilized by the NVCA meets the above standards and requirements. Our current Auditor, BDO Dunwoody, has confirmed this in their NVCA Audit Report presented to the May NVCA Board of Directors, and April Executive Committee. The current budgeting process at the NVCA separates large capital expenditures, such as the new administration building, from the annual operating budget. This allows separate debate and budget vote on the large capital expenditures. To meet the anticipated provincial capital accounting requirements the NVCA amended financial statements and procedures in 1997 to recognize capital assets and amortization. The NVCA follows proper accounting procedures for the recognition of capital versus operational expenditure. This is an area reviewed annually by our Auditors. On-going capital acquisition and replacement of items such as computers and vehicles are facilitated through the net proceeds of our annual operations. The Full amortization expense of $165,000 has been included in the 2007 NVCA budget. This ensures that CAO/Secretary Treasurer Staff Report ,g r, Board of Directors 06-07 ''~° NVCA Operating and Capital Budgets the full cost of carrying out the NVCA programs and operations is readily visible to our Board Members when they are developing and voting on the budget. Exceptions to this occur when special projects that benefit only one or a few municipalities are budgeted for. These projects are called special benefiting projects and are paid for by the benefiting municipality. Examples are; sub-watershed studies, natural heritage mapping projects, and Collingwood flood prevention projects. These special benefiting projects only proceed at the request/approval of the benefiting municipalities. The current budgeting procedure and format meets current budgeting protocols and requirements, developed with active involvement from the Board Members. Unless there is a significant issue or need to change the current budget format, expressed by board members, or the NVCA Auditor, it is recommended that we continue to implement the current budget format. It is also recognized that budget formats evolve to reflect shifts in legislative and Board Member needs. It is also recommended that budget format review be included during the normal Business Plan and budget development process. Respectfully Submitted; Wayne R. Wilson CAO/Secretary Treasurer of Present: Pres. Rick Dory, Vice pres. Lana Bertram, Tara Woodward, Linda Babulic, Joannie Spence, Mel Coutanche Regrets: Bruce Chappell, Lisa Groves, Reta Regelink, Anna Proctor Business 1. Review and Approval of Minutes Mav 7th 2007 2. Ontario's Lake Country Uvdate Carol provided an update to the progress so far. Additional Updates since June 4`~ as follows; • Funding has now been committed by all funding partners including Severn Township • Coordinator and Students have been hired through Lake Country to work at Tourism/Community Information Centres in Orillia and Oro-Medonte. Ramara is organizing their own • A location has been confirmed for Orillia- the Opera House and for Oro-Medonte- inside the Northway Truck Stop and Restaurant. • The Huronia Tourism Association will assist in stocking the brochure racks. Actions: Coordinator will begin her training on Tues June 19a' and Students the following week. Centres will be up and running June 29tH. Follow-up: Carol will continue to update the board and will supply the Information Centre in Oro-Medonte with Chamber and Community Information. 3. Business Directory Linda and Tara presented their progress report on the Business Directory. A copy of their report is attached to the minutes. It was decided that a fall 2007 release date is possible but the key is that we finish up with a well produced product. Action: The committee will continue to fine tune the pricing and receive additional quotes on printing and graphic design Carol will supply the committee with the names of business from within our membership to quote on above. Follow-up: Committee will report at next meeting 4. Arena/Township Marketing Proposal Carol presented the proposal that she prepared on this issue. Copies were distributed. Discussion: It was suggested that there should be an incentive for businesses to join the Chamber in order to be able to advertise. Linda requested a projected income from the plan. It was agreed that Carol will present the proposal to the Township Recreation Committee Meeting next week. Action: Carol will supply a pro~ected Income/Cost Statement for the next Board meeting Additional Update since June 4 as follows: The proposal was presented and approved by the Recreation Committee on June 14"' 2007. Follow-up: Carol will inform the board of final approval from Council. 5. Membership Fees It was decided that effective immediately our membership will be based on one year from the time of joining and will be a flat rate of $100.00/yr. There will be no pro-rating necessary in the future. 6. Syecial Events Lana and Carol agreed to meet to plan upcoming events and see if we can raise our Business after Five events to the next level. Carol has been planning future events with Carriage Hills and Napoleon and will follow- up with Lana on these. 7. Issues / Policv Committee At the last Board meeting, it was decided that the Chamber should develop more ways to inform our members of relevant business issues, in the Township and in the province, as they arise and respond when appropriate. Carol suggested that a Committee should be formed for this purpose including our Council representative and members from the Board and the Membership. It was also suggested that keeping our membership informed of current issues being addressed at Council could be facilitated by posting or e-mailing a summary version of the minutes from Council. Carol suggested that Council would need to approve the summary to make sure it accurately reflected what happened at each meeting, so perhaps the Township staff responsible for doing the minutes could also do the summary and pass it on to the Chamber through our rep. (Mel or Dwight) Actions: Mel will raise the issue of summarizing the minutes for the purpose of informing our Membership and get council's input on the best way that this can be done accurately. Board members will Forward their thoughts on how an Issues /Policy Committee could operate. Carol will summarize these suggestions for the next Board Meeting. Next Board Meeting will be 6:00 pm on Tues. July 10`~ at Settlers Ghost. ~'~ ~, TOWNSH/P OF ORO-MEDONTE REPORT Dept.. Report No. To: COUNCIL Prepared By: EES2007-25 Keith Mathieson Subject: Department: Council Tang Fen Wong and Richard Engineering and Wong -Site Plan Agreement Environmental Services C. of W. -1131 Range Road -West Date: Part of Lot 1, Range 2 and June 19, 2007 Motion # Part of Lot 2, Range 2, R.M. File #: Township of Oro-Medonte - D11-36582 Being all of PIN #58555-0090 Date: (Lt), Roll #4346-010-007- Roll #: 09300-0000 010-007-09300 BACKGROUND: As part of a severance application, the owner is required to enter into a Site Plan Agreement with the Township identifying an area of 0.4 hectares as a building envelope where the single family dwelling, amenity area, septic system, and accessory buildings will be located. Within the building envelope, a six (6) metre "no cut" visual buffer along Range Road must be created and left in a natural state to maintain the treed visual vista along Range Road. The Wong Site Plan Application was presented to the Site Plan Control -Technical Support Group on June 20, 2007. Neither the Technical Support Group nor Township staff had any concerns with the Site Plan application. RECOMME 1. THAT Report No. EES2007-25 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Tang Fen Wong and Richard Wong to permit a 0.4 hectare building envelope with a six (6) metre "no cut" visual buffer along Range Road. 3. TH lerk prepares a By-law for Council's consideration to enter into a Site Plan Agreement w Tang en Wong and Richard Wong. 4. ND, THA the owners be notified of Council's decision. submitted, of Engineering and Environmental Services ~ n, i TOWNSHIP OF ORO-MEDONTL REPORT Dept. Report No. To: COUNCIL Prepared By: EES2007-26 Keith Mathieson Subject: .Department: Council Moon Point Corporation - Engineering and Subdivision Agreement -Part Environmental Services C. of W. of Lots 15 and 16, Date: Concession 3 (South Orillia) June 21, 2007 Motion # and Part of the Road R.M. File #: Allowance between Lots 15 D12-13640 v-013 h and 16, Concession 3 (Sout Date: Orillia) (Closed by By-law Roll #: NSO 14786, Confirmed by By- 030-012-42700 law NSO 14787 and Approved by By-law NSO 14788), Being Parts 1 and 2 on Plan 51 R- 34471, Being all of PIN #58568-0046 (Lt) -Roll #4346- 030-012-42700-0000 Moon Point Corporation is a fourteen (14) lot development located at Moon Point Drive and Lake Simcoe. The Developer has completed satisfying all thirty-nine (39) draft plan conditions, and clearance letters have been received from all required agencies. The Engineering drawings have been approved by the Township Engineers, Totten Sims Hubicki Associates. The Developer has supplied the Township with the cash in lieu of parkland and securities to ensure the completion of the municipal services. 1. THAT Report No. EES2007-26 be received and adopted. '~ °~ 2. THAT the Township of Oro-Medonte enters into a Subdivision Agreement with Moon Point Corporation. 3. THAT the Clerk prepares a By-law for Council's consideration to enter into a Subdivision Agreement with Moon Point Corporation. 4. AND THAT the owner be notified of Council's decision. submitted, of Engineering and Environmental Services ~~~'~ _ b~ '' 1! {~ ,. ~ ~1~j~ n 6~ ~~0 ~~ lam' ~~'~--~.~ ~`- ~ ~ "-~ 1`~ ~J - ~~ ~ ~ ~ I -2- 4, a ~ I TOWNSH/P OF ORO-MEDONTE REPORT Dept. Report No. TR2007-15 To: Committee of the Whole Prepared By: Paul Gravelle Council Subject: Renewal of Insurance Coverage Department: Treasury C. of W. Date: June 25, 2007 Motion # R.M. File #: Date: Roll #: BACKGROUND: The municipality's present insurance coverage expires on July 1St, 2007. Our present insurers, Frank Cowan Company Limited, have provided the municipality with a renewal proposal. ANALYSIS: All coverage and deductible levels remain constant with our current coverage The proposed premiums including PST are $219,547.88. 2006 premiums including PST were $229,881.32. The proposed premiums therefore represent a 4.50% decrease from the 2006 premiums. Please note that the 2007 budget reflects total insurance premiums of $252,521. As such, the proposed premiums would result in an under expenditure of $32,973. When proposals were last requested in 2004, the following quotes were received from other insurers: Ontario Municipal Insurance Exchange $230,834 Jardine Lloyd Thompson Canada Limited $254,537 Since their clients have experienced large increases in 2005 and 2006, proposals received from these two alternative sources for 2007 would reflect increases from the said 2004 premiums. As such, we respectfully recommend renewing our insurance coverage with Frank Cowan & Company for the period of July 1, 2007 to July 1, 2008. ~° ,~~~ ~ RECOMMENDATIONS 1. THAT Report No. TR2007-15 be received and adopted. 2. THAT the Township of Oro-Medonte renew its insurance coverage for the period of July 1,2007 to July 1, 2008 with Frank Cowan & Company at the quoted premium of $219,547.88 including PST. Respectfully submitted, Paul Gravelle Treasurer C.A.O. Comments: Date: -~-~ ~~..-- ('~ 1 f~~/ C.A.O. Dept. Head -2- ~ ~. :~ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. BP 2007-024 To: Council Prepared By: Bruce Hoppe Subject: fiord Rankin, Department: request to temporarily reside Building/Planning in a trailer, East Part of Lot 13, Concession 10 (Medonte), Township of Oro-Medonte, 3750 Line 10 North Council C. of W. Date: June 25, 2007 Motion # R.M. File #: Date: Roll #: 020 010 134 BACKGROUND: The subject property is approximately 99.5 acres (40.3 ha), and is located on the west side of Line 10 North, north of Horseshoe Valley Road. Earlier this year, the owner had the unfortunate experience of a house fire, and the farmhouse was severely damaged and has since been demolished. The applicant has filed a building permit application to re-build a permanent dwelling on the property and has advised that due to the remote location of the property, the insurance coverage does not protect the new dwelling or building materials during construction from theft unless there is someone living on the property. Therefore, two temporary house trailers have been erected on the property as temporary residences during the construction period for his family. The Township's Comprehensive Zoning By-law 97-95 does not permit human habitation in a trailer, therefore permission is required in order to permit this temporary accommodation. DISCUSSION: The Township has historically considered these situations on a case-by-case basis, and allowed owners to temporarily reside in existing dwellings or trailers and allow for a building permit to be issued for a new dwelling. Council's permission is required due to the fact that the Township's ~~ Zoning By-law only allows one dwelling per property and prohibits human habitation of a trailer (outside of licensed trailer parks). Council has historically required that the owner enter into an agreement stipulating the terms of the approval will be required with the registered owners, which ensures compliance after the new dwelling is complete. A twelve month timeframe has been granted in the past in these cases, and a financial deposit is required to ensure compliance. As noted in the attached email from the owner, the trailers will be connected to a holding tank which will be pumped on a regular basis. A $5,000 security deposit is required by the Township prior to issuance of a building permit for the new dwelling. RECOMMENDA' 1. THAT Report No. BP 2007-024 be received and adopted. 2. That Council authorizes the request of Gordon Rankin to temporarily reside in two trailers for a twelve month period while the new dwelling is being constructed. 3. That the Clerk bring forward to appropriate by-law authorizing the atta~hi~fiagreerflent-te this ....- effect. Respectfully submitted, B~ o e M IP RPP pP > Director of Building and Planning Services r-<, C.A.O. Comments: Date: ~ „L~ ~-~ ~~ r~~ { C.A.O. V ~ Dept. Head -2- ~"~ Hoppe, Bruce From: Richie Rankin Sent: Thursday, May 24, 2007 2:08 PM To: Hoppe, Bruce Subject: request Bruce, as requested here is a letter outlining my circumstances... On jan 30 2007 I had a house fire. Z am in the process of trying to rebuild and hope to be in the new house by the fall. In the mean time I would like to keep 2 house trailers on the property for my family to live in. I have purchased an 800 gal holding tank for the septic and will be getting it pumped out on a regular basis. As I am sure you know the second reason for asking permission to stay on site is that my insurance company will not cover any theft of building materials unless there is someone living on the property. As Bonn as the new house is complete and I have occupancy I will remove the trailers and the holding tank. I hope this is ok with everyone. If you have any questions please feel free to contact me @ 330-7830. Thank you Gord Rankin AGREEMENTlAFFIDAVIT `~ _' :~' hi consideration of receiving a building permit from the Township of Oro-Medonte, I, Gordon Rankin, of the Township of Oro-Medonte (formerly Township of Medonte) in the County of Simcoe, covenant and agree as follows: 1. That 1 am the registered owner of Con 10 pt lot 13 being more particularly described as 3750 Line 10 North Oro-Medonte. 2. That I have applied to the Council of the Corporation of the Township of Oro-Medonte for permission to temporarily reside in two trailers on the above-mentioned lands, at the same time as a new dwelling is under construction on those szme lands, wherein such procedure is not provided for under the provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That I hereby acknowledge that permission has been given by the Council of [he Corporation of the Township of Oro-Medonte subject to the following provisions: That such permission is granted fox the twelve month period from permit issuance ox until completion of the proposed new dwelling, whichever is the lesser period of time; and b) That on completion of the new dwelling, as evidenced by a Provisional Occupancy Certificate, the existing trailer is to be removed within one month to the safisfacfion of the Township's Chief Bullding Official; and That application to the Township of Om-Medonte for a temporary use permit will be made forthwith (Fee $100.00). 4. That a Letter of Credit in the amount of $5,000-00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the Letter of Credit at its sole discretion- 5. That I hereby agree to the terms and conditions set out above. 6. It is understood that failure to wmply with the terms and conditions asset out hereby shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Mmricipal By-law or provincial Regulation as may be provided for. 7. We hereby covenant and agree to indemnify and save harmless the Township of Oro- Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of dvs agreement. Date Owner Witness Mayor, H. S. Hughes Clerk, J. Douglas Irwin I~~- TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. BP 2007-025 To: Council Prepared By: Bruce Hoppe Department: Subject: County of Simcoe Building/Planning Council Proposed Waste Management By-law C. of W. Date: June 27, 2007 Motion # R.M. File #: Date: Roll #: BACKGROUND: As noted in the attached correspondence from the County of Simcoe, comments regarding a proposed Waste Management By-law have been requested. The purpose of this report is to review this request and provide recommendations to Council on the matter. DISCUSSION: The attached material and proposed by-law raise a number of service delivery options and impacts for local municipalities who would be responsible for enforcement of the by-law as provided under the new Municipal Act. The Director of Engineering and Environmental Services has review this draft, and notes that one of the new items will be improved enforcement regarding the removal of ineligible garbage left at the curbside after special collections. At present, roads staff are usually involved with such collection as these items are illegally dumped or placed in front of other properties. The proposed By-law includes provisions of fines for these items. While any monies recovered under this By-law would remain with the Township, it is difficult to assess at this time staff impacts prior to implementation of this plan. Having said this, it is prudent to participate in this program in principle, as both levels of government have a mutual interest to ensure proper waste disposal is implemented. It is noted that County staff will be reporting back to a County sub-Committee and Corporate Services for final approval in the coming months. As Council is aware, while the exact staff commitment for this particular function may be minimal, it is important to recognize that this program places more responsibility on the by-law enforcement function. There is presently no full-time by-law enforcement officer, and due to the growing size of ~~-- the Township and pressures put on this department, Council will likely need to considers futt-time - staff complement in the near future. An assessment of the work load will be carried out in advance of next year's budget discussions for Council's consideration. RECOMMENDATION 1. THAT Report No. BP 2007-025 be received and adopted. 2. THAT the County of Simcoe be advised that the Township of Oro-Medonte is interested in partnering with the County in enforcement of the proposed Waste Management By-law in principle; 3. AND THAT the County of Simcoe be forwarded the names of the Township staff designated as by-law enforcement officers; Respectfully submitted, ~~~~ Bruce Hoppe, IP, RPP Director of Building and Planning Services C.A.O. Comments: Date: ~ ~ S~ ~~ C.A.O. 'V Dept. Head -2- S The Corporation of the County of Simcoe (cos) 726-930o Fax: (cos) ~2r;-9ss2 Telephone Extension 1181 ~, CORPORATE SER DICES DIVISION ENVIRONMENTAL SERVICES DEPARTMENT Doug Irwin Clerk Township of Oro Medonte Box 100, 148 Line 7 South Oro, ON LOL 2X0 Dear Mr. Irwin, Re: County Waste BV-law ~., yp^7 ~ a,~a ~- , Administration Centre 1110 Kwy. 26 Midhurst, Ontario LOL IXO 25"' Apri12007 t i~ ~~~~~~ ~~d~ The County has been finalizing a `waste management by-law' with staff and legal counsel refining the document to be all-inclusive of requirements regarding curbside collection as well as County waste facilities. Changes to the Municipal Act, 2001 including amendments from the recent Municipal Act Statute Amendment Act, Bill 130, have been considered during the drafting process as well as prior comments from the County's Waste Management Sub- committee. This waste by-law sets out the role of the County in waste management both for curbside waste collection and waste management facilities. The County assumed all the waste management powers of the sixteen member municipalities in 1990, however from 1990 to 2000 the member municipalities were each individually administering the curbside collection services `on behalf of the Counry'. Since 2000 as contract terms have expired the County has assumed direct administration of all collection contracts. This has enabled the County to standardize the level of service County-wide as well as blend areas for the purposes of allowing the County to tender larger contracts. The next step for the Environmental Services Department staff was the drafting of a waste by-law to encompass all waste management responsibilities. The attached draft waste by-law was presented to the Waste Management Sub-Committee on March 22, 2007. This committee recommended to Corporate Services that this draft by-law along with request forms be circulated to the sixteen member municipalities for input. A revised draft by-law will be forwarded directly to Corporate Services for approval when all comments and information have been received and set fines have been established. We have enclosed the draft by-law along with related forms, which are referenced in the by-law, to assist with your review. We would like to draw your attention to Section 3.3 "Requirements for Service" and the related Schedule "Schedule C" which allows for area specific information to be included. Please review and provide any area specific information which applies to your municipality for inclusion. The forms which are related to this by-law are as follows: • `Medical Exception Form'- which allows for provision of 25 tags/year, for residents with medical conditions which results in increased waste. This form is required to be signed by both the resident and their physician. County of Simcoe Waste By-law (2) 4/25/2007 • `Request form for Waste Collection Services on a Private Road' -this allows for services on private roads, in appropriate circumstances, where the contractor has determined that the property is accessible and meets all the requirements. The resident is required to sign this form allowing for the collection vehicles to turn in their private driveway, if required, with no liability if damage results. There are two versions of this form enclosed. One for new applicants to set out what services will be provided, if approved; one to be completed by existing applicants to provide the liability waiver to the County. • `Request form for Eligible Units regarding Waste and/or Recycling Collection' -due to privacy legislation this form has been amended from the draft previously circulated. This form is now intended to be a joint form from the County and the ratepayer's Municipality. Applicants requesting multi-unit collection services are required to fill out this form and, it is circulated to the local municipality in which the property is situated for confirmation of eligibility for the services requested. By completing this form the applicant is consenting to the local municipality using this information to review and, if necessary, revise property value assessment to reflect the services granted. One final item for which the member municipalities' input is crucial is the enforcement of this by-law. Amendments to the Municipal Act, 2001, since the question of joint enforcement was previously reviewed with the member municipalities, have changed the options available. The amendments now enable municipalities to enter into agreements for the purpose of co-ordinating the enforcement of by-laws of mutual interest. This by-law has been drafted with the intention of allowing each member municipality to work with the County to enforce this by-law, and fines recovered will remain with the enforcing municipality. A separate delegation by-law will be required once the County has been advised by each member municipality of their desire to participate in the enforcement of this by-law. The delegation by-law will list the names of any municipal enforcement officers authorized to enforce the waste by-law. If your municipality agrees to partner in the joint enforcement of this by-law please provide the names of your by-law enforcement officers in your response. The Environmental Services Deparhnent staff would appreciate your comments by July 1st 2007 latest so that they can be reviewed and considered for the fmal draft that will be presented to council. Yours sincerely, ,~~' Tiina Nautras Contract & Collections Supervisor, Corporate Services Division, Environmental Encs: County of Simcoe Waste By-[aw 'Medical Exception Form' Request Form for Waste Collection Services on a Private Road -New Applicant' Request Form for Was[e Collection Services on a Private Road-Existing' Requestform for Eligible Units regarding Waste and/or Recycling Collection' 0 O 2 ® ~ oN QP~p oov ~ i sE~~oE Nr` y`~. OF THE CORPORATION OF TH BY-LAW A BY-LAW FOR ESTAB FOR COLLECTION, P GARBAGE, RECYCL, OPTIONAL WASTE MA' v1c~ c '~7 K~hOv'v1G+ lY1~GfW~GGViC?i~ 1c~ ~~-2 w~ ~ ~ ~~ C~`J~C c ~ m~~ ~ ~~ ~~. a~~a~ S JG A SYSTEM ISPOSAL OF AND OTHER OF SIMCOE TABLE OF CONTENTS SECTION 1 -INTERPRETATION ........................................................................... ............ 3 1.1 SHORT TITLE ............................................................................................ ............ 3 1.2. APPLICATION ........................................................................................... ............ 3 1.3 HEADINGS ................................................................................................ ............ 3 1.4 SCHEDULES ............................................................................................. ............ 3 1.5 SINGULAR ETC ........................................................................................ ............3 1.6 ADMINISTRATION ..................................................................................... ............3 1.7 DEFINITIONS ............................................................................................ ............ 4 SECTION 2 -ROLE OF THE ENVIRONMENTAL SERVICES MANAGER ............. ............ 9 2.1 ROLE OF THE ENVIRONMENTAL SERVICES MANAGER ....................... ........... 9 SECTION 3 -COLLECTION SERVICES .................................................................. ......... 12 3.1 GENERAL INFORMATION ......................................................................... ......... 12 3.2 QUALIFICATIONS FOR SERVICE .............................................................. ......... 13 3.3 REQUIREMENTS FOR SERVICE ............................................................... ......... 15 3.4 WASTE STREAM PREPARATION AND LIMITS ......................................... ......... 16 3.5 PROHIBITIONS ........................................................................................... .........20 3.6 EXCEPTIONS ............................................................................................. .........21 SECTION 4 -WASTE MANAGEMENT FACILITIES ................................................ ......... 21 4.1 GENERAL INFORMATION AND REQUIREMENTS FOR SERVICE ........... ......... 21 4.2 PROHIBITIONS ........................................................................................... .........22 4.3 EXCEPTIONS ............................................................................................. .........24 SECTION 5 -ENFORCEMENT ................................................................................ ......... 25 5.1 OFFENCE ................................................................................................... ......... 25 5.2 ORDER TO REMOVE ................................................................................. ......... 25 5.3 ORDER TO LEAVE OR REFUSE ACCESS ................................................ ......... 26 5.4 SUSPENSION OF SERVICES .................................................................... ......... 26 5.5 APPEAL ...................................................................................................... .........27 5.6 PENALTY .................................................................................................... .........27 5.7 VOLUNTARY PAYMENT ........................................................................... ......... 27 5.8 PROHIBITION ORDER ............................................................................... ......... 28 5.9 COST RECOVERY ..................................................................................... ......... 28 SECTION 6-GENERAL PROVISIONS ................................................................... ......... 28 6.1 REVOCATION OF CONSENT .................................................................... ......... 28 6.2 SEVERABILITY ........................................................................................... .........28 6.3 CERTIFICATE OF APPROVAL ................................................................... ......... 28 6.4 EFFECTIVE DATE ...................................................................................... ......... 28 SCHEDULE "A" Household Hazardous Waste Depots .............................................. ......... 29 SCHEDULE "B" Guidelines for Applications for Collection Services .......................... ......... 30 SCHEDULE "C" Area Specific Information ................................................................ ......... 31 SCHEDULE "p.. Set Fine Schedule .......................................................................... ......... 32 2 THE CORPORATION OF THE COUNTY OF SIMCOE BY-LAW NO. A BY-LAW FOR ESTABLISHING AND MAINTAINING A SYSTEM FOR COLLECTION, PROCESSING AND1OR DISPOSAL OF GARBAGE, RECYCLABLES, ORGANICS AND OTHER OPTIONAL WASTE MATERIALS IN THE COUNTY OF SIMCOE The Council of The Corporation of the County of Simcoe and No. 3854 in 1990, and thereby assumed all waste m municipalities within the County of Simcoe pursuant to se 1990, o. M. 45 ("Municipal Act, 1990'). Section 209 of the Municipal Act, 1990 provided tt 209, such as the by-laws set out above, that management powers assumed by the County in all Section 209 of the Municipal Act, 1990 als that when a County assumes the power of management system, no municipality unde within the participating local municipalities, ~ the powers assumed by the County without may be given upon such terms including upon. passed By-laws No. 3845 powers of the 16 member the Municipal Act, R.S.O. a by-law was passed under section mty is responsible for the waste ng local municipalities. nder the heading 'exclusive jurisdiction' vices or facilities for any part of a waste • equivalent power and no person shall, yes or`facilities of the type authorized by of Council of the County, which consent t of compensation, as may be agreed Section 209 of the Municipal Alf; 1990 provides an exemption to the exclusive jurisdiction granted to the County when it assumed the waste management powers. This section provides that a person may, without the consent of the County Council, provide services and facilities for the collection csr` removal of€livaste"fCsim non-residential properties and residential properties containing rncs~~e than five dwe~'thg units (i.e. commercial). The County Council, under the transfer of powers authority granted to it pursuant to s. 12 of the Municipal Act, 2Q01,;, S.O. 2041, a25 ("Municipal Act, 2001") and for the benefit of residents in the County has enteeed into contracts for the collection and removal of garbage, recyclables, organics and other optional waste materials from serviced units in the County and operates waste management facilities. Pursuant to Report #7 dated March 27th 1990, the County adopted Bill 201 in an effort to be "masters in their own house" and ensure that the County of Simcoe does not become the landfill centre for Southern Ontario. Section 9 of the Municipal Act, 2001, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purposes of exercising its authority under this or any other Act. Section 8 of the Municipal Act, 2001, provides that the powers of the municipalities under the Municipal Act, 2001 or any other Act shall be interpreted broadly as to confer broad authority on the municipalities to enable municipalities to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues. Section 10 of the Municipal Act, 2001, provides that County Council may regulate matters for purposes related to health, safety and well-being of persons. Section 227 of the Municipal Act, 2001, provides that it is the role of the officers and employees of the County to implement County Council's decisions and establish`"administrative practices and procedure to carry out Council's decisions; Section 227 of the Municipal Act, 2001, provides that it is thelole of officers and employees of the municipality to carry out duties required under the Municipal Act, 20(11, or any other Act and other duties assigned by the municipality. Section 23 authorizes a municipality to delegate If listed Acts to one or more members of its count officer, employee or agent of the municipality if the Section 425 of the Municipal Act, 2001, prey that a person who contravenes a by-law of the Section 447 of the Municipal Act, 2001, prop with a person or a body in relatiort.to matters the enforcement of by-laws, statutes and regu Section 15 of the Police appoint persons to enfor~ The Provincial Offenc by-law are guilty of an of the quasi-judicial powers under the it committee or to an individual delegated is minor in nature. the County. may pass by-laws providing Elity is guilty of an offence. the County may enter into agreements interest for the purpose of co-ordinating c.P.15, provides that County Council may IQ c. P. 33, provides that persons who contravene this conviction are liable to a fine. The Provincial, Offences Acfi R.S.O. 1990, c. P. 33, provides that the County Council may develop a tickethg ,and set fine system for non-compliance with this By-law, subject to the approval of the Chief Justice of the Ontario Court of Justice. Section 391 of the Municipal Act, 2001, authorizes the municipality to impose fees and charges on persons for services or activities provided or done by or on behaff of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and for the use of its property including property under its control. Sections 398 and 446 of the Municipal Act, 2001, authorizes the County to request that the lower-tier municipalities add the costs of completing any matter or thing it has authority to direct to be done in this By-law if the person directed to do so is in default, to the tax roll and collect the amount due in the same manner as property taxes. 2 County Council has acknowledged the authority for the lower-tier municipalities to enact by- laws, pursuant to section 127 of the Municipal Act, 2001, dealing with enforcement for littering and property standards and County Council respects this authority. By adoption of Corporate Services Committee Report No. ,County Council deems it desirable to prepare rules and regulations for establishing and maintaining a system for collection, removal and disposal of waste within the County of Simcoe and for the operation and management of waste management facilities in the County of Simcoe. NOW THEREFORE the Council of the County enacts as follows: SECTION 1 -INTERPRETATION 1.1 SHORT TITLE This By-law will be known and may be cited 1.2. APPLICATION This By-law applies to the collection, removal and Units in the County's Collection Area.. of Wastes from Serviced 1.3 HEADINGS The headings in: used as a means By-law for convenience only and will not be 1.4 SCHEDULES Schedules attach effect as.if the infi 1.5 SINGULAR, ETC The necessary gra corporations„ partr~~ singular or plural n~~ though fully express 1.6 ADMINISTRATION form part of this By-law and have the same force and were contained in the body of this By-law. atical changes required to make the provisions hereof apply to lips, trusts, and individuals, male or female, and to include the ing where the context so requires, will in all cases be assumed as 1.6.1 This By-law will be administered by the Environmental Services Manager or his or her designates except the provisions regarding recovery of costs which will be administered by the County's Treasurer or his or her designate. 3 1.6.2 This By-law will be enforced by the Persons appointed pursuant to section 15 of the Police Services Act and referred to in this By-law as Municipal Law Enforcement Officers. 1.7 1.6.3 All Non-Collectable Wastes that are placed at any Serviced Unit or other lands located in a Local Municipality within the County of Simcoe will be deemed to be "refuse" for the purpose of any by-law enacted by the Local Municipality under section 127 of the Municipal Act, 2001. DEFINITIONS In this By-law words that are capitalized and italicized are defined in this section. Words derived from these words have a similar meaning. 1.7.1 "Agricultural Waste" means Waste generated by a farm operation including but, not limited to, produce, crops, hay, straw, manure or animal excrement. 1.7.2 "Approved Container" as defined in section 3:4 for each Waste stream. 1.7.3 "Ashes" means the solid residue of any household fuel after such fuel has been consumed by fire and includes coals and soot: 1.7.4 "Brush" includes tree branches, limbs, and twigs. 1.7.5 "Bulky Item" includes large household articles such as furniture, bed springs, mattresses,, carpeting; barrels, boxes, and any other discarded material which would normally accumulate at a Serviced Unit which cannot be broken down to fit inside an apprgved corfainer, but does not include Metal Items, Recyclable Material or Recvclables. Construction and Demolition Wastes and/or Hazardous 1.7.6 ' "By-larr/' means this By-law and any amendments thereto including any and all schedules forming any part of this By-law and any amendments thereto. 1.7.7 "C F.C. Appliances" includes fridges, freezers, air conditioners and dehumidifiers containing Freon, a gas that can damage the ozone layer. 1.7.8 "Christmas Trees" means natural trees used to celebrate Christmas. 1.7.9 "Collection Area" means the County of Simcoe, but does not include/cover federal land, or the cities of Barrie and Orillia. 1.7.10 "Collection Day" means the days designated for Garbage, Recyclab/es, Optional Waste Materials and Organics, where program available, in the area in which the Serviced Unit is located. 4 1.7.11 "Col/ection Services" means services provided by the County for removal of Garbage, Recyclables, Optional Waste Materials and Organics, where program available, from Serviced Units within the Collection Area. 1.7.12 "Commercial Unif' includes an industrial, commercial or institutional unit. 1.7.13 "Construction and Demolition Wastes" includes any materials relating to construction, demolition andlor renovation including, but not limited to soil, plaster, drywall, masonry and tile, bricks, concrete,. cinder blocks, paving stones, asphalt, lumber, windows, shingles, scrap meta(; toilets, insulation (such as fiberglass or Styrofoam), asbestos, and urea formaldehyde. 1.7.14 "CounciP' means the Council of The 1.7.15 "County" means The Corporation of 1.7.16 "County of Simcoe" means the gec municipalities but for the purposes o separated cities of Barrie and Orillia. of Simcoe. of 'encompassing the 16 member excludes federal lands and the 1.7.17 "Divertib/e Waste" mean the capacity to segregate Recyclables, Lea f and 1 drywall, clean asphalt root which a Waste Management Facility has ~t not limited to, Brush, Christmas Trees, metai, wood, CFC bearing appliances, bale wrap, clean fill, tires, electronics. 1.7.18 "Environmen#al Protection Act :means Environmental Protection Act, R.S.O. 1990, c. E:113„ as amended or any successor legislation. 1.7.19 "Environmental Services Manager" includes the Environmental Services Manager-.;for the County and, where applicable, includes a Person designated Eiy the EnvProramentaiaervices Manager to perform the task or exercise the power or any part thereof in his or her place and stead. 1.7.20 "Garbage" means Waste other than Metal ltems, Bulky Items, Recyclable Materials, Leaf and Yard Waste, Christmas Trees, Brush, Non-Collectable Wastes, or Prohibited Wastes and Organics where a program is available. 1.7.21 "Garbage Bow' where permitted by the Local Municipalities, as defined in section 3.3. 1.7.22 "Garbage Tag" or "Tacf means a sticker issued by the County for the purpose of allowing Garbage collection from a container in excess of the Garbage limit should all other requirements be met. 1.7.23 "Generator" includes any Registered Owner, Owner-occupant, tenant or other Person having use, occupation, charge, management or control of a Serviced Unit in, from or on which Waste is generated. 5 1.7.24 "Hazardous Waste" includes hazardous industrial waste, acute hazardous waste chemical, hazardous waste chemical, severely toxic waste, ignitable waste, corrosive waste, reactive Waste, and any other items set out as Hazardous Waste in Ontario Regulation 347, as amended pursuant to the Environmental Protection Act. 1.7.25 "Household Hazardous Waste" (also known as Special Waste) includes any Hazardous Waste generated at a Residential Dwelling:,-Unit. 1.7.26 "Household Hazardous Waste Depot' means a facility operated by the County to receive Household Hazardous Waste. See Schedule. "A" for list of locations. 1.7.27 "Leaf and Yard Waste" includes plant yards of a Residential Dwelling Unit such straw bales and corn stalks and brush rii diameter. 1.7.28 "Liquid Waste" means Waste that does the test method set out gntario Regule pursuant to the Environmental Protection 1.7.29 "Coca/ Municipality' Simcoe. 1.7.30 "Metal /tE bicycle fr water and trial generated in the gardens and leaves, grass trimmings, pumpkins, nas hat are no tamer than 8 mm in Iy with the slump test as per in Schedule 9, as amended J. 1990, c. E.19. municipalities of the County of ,, appliances such as stoves, dishwashers, refrigerators, air conditioners, and freezers, items capable of being recycled for the metal 1.7.31 "Multiple Commercial -Unif' includ es a building that contains two or more Commercial Units. 1.7.32 "Multip/e Residential Dwelling Unif' includes a building used mainly for residential purposes up to and including five Residential Dwelling Units per one pied of fa~operty, (by reference to the database maintained and operated by the Municipal Property Assessment Corporation and information obtained from the Local Municipality). 1.7.33 "Municipal Act' means Municipal Act, 2001, S.O. 2001, c. 25, as amended or any successor legislation. 1.7.34 "Municipal Law Enforcement Officer" includes a Person appointed pursuant to section 15(1) of the Police Services Act by the County Council for the purpose of carrying out the enforcement of this By-law. 6 1.7.35 "Non-Collectable Wastes" means materials not acceptable for collection at the curb/roadside. These materials include: over limit, ineligible and/or overweight Waste and any Waste refused Collection Services for non-compliance with this By-law; Optional Waste Materials placed out on days other than the Optional Waste Maferials Collection Week; materials placed out for collection at times other than those times specified in this By-law; improperly prepared Recyc/able Material or Recyclables; Dangerous, Hazardous or Toxic Wastes; Pathological Wastes; Construction and Demolition Wastes; automobile parts; tires; batteries; manufacturers' Waste; scrap wood, carpeting except as permitted under section 3.4; Agriculture/ Wastes; carcasses of any dead animal; pet excrement, except as permitted under section 3.6; natural, soF,' earth, sand, clay, gravel, stones and excavated materials; fence wire; bau(ders; trees and tree stumps; Household Hazardous Waste also known as~ Special, Waste; and Prohibited Waste. 1.7.36 "Occupationa/Health and Safety Acf'`means Occupational Health and Safety Act, R.S. O. 1990, c. 0.1, as amended or any successor legislation. 1.7.37 "Optional Waste Materials" includes materials not normally collected in the weekly curbside collection programs, but uvhich may be collected during the designated collection week; where available, including Bulky Items, Metal Items, Leaf and Yard Wastes, erus~and/or,Chnstmas Trees. 1.7.38 "Organic Waste" or "Organics" means the Waste generated at a Serviced Unit that is acceptable; by the County for curbside Organics collection (where applicable).: Organics includes all food materials such as, fresh, frozen, dried, cooked ani~"". prepared foods anc~ leftovers, fruit, vegetables, pasta, bread, cereal, meat and fish products, plate scrapings, bread, coffee grinds and filters, tea bags, dairy products, nuts;' houseplants (no pots or baskets), soiled paper toweling, tissues and. wet paper, paper egg cartons, paper vacuum bags, and any other material which may be designated as Organic Waste or Organics by "the County. 1.7.39 ~Qwne>" includes an Owner, occupant, lessee, tenant or any other Person in cE?a~r~e, ma/iajement or control of a Serviced Unit in the County's Collection 1.7.40 "Pathological Waste" includes medical waste, whether solid or liquid, including but not limited to, any animal or human organ or part thereof, bone, muscle or other animal or human tissue or part thereof, used bandages, poultices, or dressings, colostomy, medicines, vitamins, drugs, or vaccines, needles, syringes, or lancets, any other similar material or substance which contains or may contain pathogenic micro-organisms including formaldehyde, any material which may be hazardous or dangerous; any substance designated as Pathological Waste under Ontario Regulation 347 as amended pursuant to the Environmental Protection Act , R.S.O. 1990, c. E.19. 7 1.7.41 "Person" includes an individual and a corporation and the successors, assigns, heirs, executors, administrators, or other legal representatives of a person to whom the context may apply according to law. 1.7.42 "Private Road' includes any Roadway that is not assumed by the Local Municipality, the County or the Province of Ontario. 1.7.43 "Prohibited Waste" includes Hazardous Wasfe, Pathological Waste, manure and any Waste in semi-liquid or liquid form. Pet excrement, and broken glass, except in accordance with sections 3.6 and 4.3. Household Hazardous Waste, asbestos, carcasses, tires, and contaminated soil, except in accordance with section 4,3. ~ ~" 1.7.44 "Recyclabtes or Recyclable Material(s}" are subdivided into the following two categories: Recyclable Containers and Recyclable Paper, Fibres, as further defined below. 1.7.45 "Recyclable Containers" includes clear glass`and coloured glass, empty paint cans with lids removed, aluminum, tin and steel cans, plastic bottles, tubs and jugs provided they are marked P.E.T. #1, H[?.~,E. #2, L.D.P.E. #4, P.P.#5, and Other #7 and any other j material; which may be designated as Recyclable Containers by the County. 1.7.46 "Recyc/able Paper Fibres': includes clean paper products for example newspaper, mixed paper, fine paper, inserts, junk mail, catalogues, glossy flyers, paperback books, telephesri"e books, magazines, envelopes, gift wrap, old corrugated cardboard (O.C.C.), box board, paper egg cartons, paper bags, shredded paper, compute( and .NCR paper, and any other material which may be designated as Recyclable Paper Fibres by the County. 1.7.47 "Recycling Bins" includes plastic boxes in a variety of colours including blue, black and grey,,in a good state of repair, distributed by the County or any other _ _ municipality faF fhe purpose of containing recyclable materials for collection. 1.7.48 "Zefusa/ Slicker" means a sticker to be attached to ineligible bags, Garbage Container, ,Recycling Bins, Organic material receptacles or Optional Waste Materials collection items containing contaminated or unacceptable materials or Wastes that exceed the limits or do not comply with the requirements set out in this By-law. 1.7.49 "Registered Ownee" includes a Person recorded in the records maintained in the Land Registry Office as an Owner of the property under consideration and includes a Person with legal right to control possession of that property, such as a property manager appointed by the Registered Owner, a mortgagee in possession under the terms of a mortgage of the property, or a receiver or receiver/manager in possession of the property. 8 1.7.50 "Residential Dwelling unit' includes a domicile consisting of one or more rooms designed for use as a single housekeeping establishment. 1.7.51 "Roadway?' includes the part of a public street that is improved, designed or ordinarily used for vehicular traffic. 1.7.52 "Salvage" includes the process of the County identifying reusable items at the Waste Management Facilities and segregating these items to a separate location within the Waste Management Facility for reuse. 1.7.53 "Scavenging" includes the process of u either: Waste materials which have been Waste materials deposited at County Waste 1.7.54 "Service Provider" means the retained by the County to provide 1.7.55 "Serviced tlnif' includes any Resided Dwelling Unit within the Collection Area, 1.7.56 1.7.57 1.7.58 1.7.59 1.7.6t?°°: 1.7.61 "Site Supervisor" County Waste Mar "Tagged Garbage "Transien County by a removal of items from Collection Services; or ~t Facilities. and its' agents and employees, ~g Unit and Multiple Residential on a Municipal or County road. the County responsible for any Approved Container containing from outside the Collection Area of the Brush Waste, Leaf and Yard Waste, Metal Items, Organics, and Non-Collectable Waste. "Waste Management Facility' includes a landfill site, transfer station or waste processing facility licensed for the processing, sorting or disposal of Wastes. see Leaf and Yard Waste. SECTION 2 -ROLE OF THE ENVIRONMENTAL SERVICES MANAGER 2.1 ROLE OF THE ENVIRONMENTAL SERVICES MANAGER The Environmental Services Manager is authorized, subject to any limitations contained in this By-law, to do each of the following with respect to Waste Management Services: 9 Collection Services 2.1.1 designate items to be included in Garbage, Recyclables, Organics and Optional Waste Material for Cotlecfion Services; 2.1.2 determine the schedule for Collection Services, including the time, day and when necessary cancellation and alternative arrangements; 2.1.3 determine the limits for Waste; 2.1.4 determine collection locations for Waste; 2.1.5 determine whether Waste was generated at a Serviced Unif for eligibility for Collection Services; 2.1.6 negotiate the terms and conditions'for curbside collection contracts and present to Council for approval and/or authority to make minor changes and present to Councif for information. 2.1.7 determine whether Waste yCof/action Services will be provided for properties located on Private Roads in eonsulfation with the Service Provider, 2.1.8 determine whether to grant a request made on recommendation by the Local Municipality far eligibility for Collection Services to be provided to an Owner whose property dons not qualify under the definition in this By-law; 2,1.9 negotiate individuaFsgieernents Vvith Owners, tocal Municipalities and Service Providers granting exemptiorf from specific sections of this By-law on terms and .::conditions satisfactory to the County and present such agreements to County 2.1.10 suspend, discontinue or revoke Waste Collection Services in whole or in part to a.Serviced Unif for breaching any provision of this By-law; 2.1.11 re-instate: Waste Collection Services in whole or in part to a Serviced Unit after Warta Collection Services have been suspended, discontinued or revoked. 2.1.11 deal with any other matter assigned by this By-law or necessary for the collection, removal and disposal of Waste; Waste Management Facilities 2.1.12 determine hours and days of operations for Waste Management Facilities; 10 2,1.13 negotiate the terms and conditions of an agreement accepting Waste into a Waste Management Facility where not otherwise authorized under this By-law, and recommend such agreement to Council; 2.1.14 apply for, revoke or amend Certificates of Approval and Licenses for Waste Management Facilities and Systems; 2.1.15 take actions required to comply with terms and conditions of the Certificates of Approval and any amendments thereto and any Ordors or obligations imposed by regulatory authorities; 2.1.16 take any actions necessary to comply or laws and guidelines at Waste Manageme 2.1.17 suspend, discontinue or revoke Vl Person for breaching any provision 2.1.18 re-instate Waste Management Fa Management Facility Services have General Waste Management pliance with applicable related properties; Services to any to any Person after Waste >d, discontinued or revoked. 2.1.19 establish such things as are necessary to implement County Council's decisions for the proper administration of this 8y--law; 2.1.20 represent,. the County, on waste management matters with the general public, regulatory authorities or other groups or persons; 2.1.21 establish.. programs and procedures to increase public awareness and undeFStarding of ':Waste Collection Services and waste management issues, and undertake research and provide advice to County Council on procedures, ` policies and guidelines;' 2.1.22 locate markets-'for Waste materials and enter into verbal/written contracts to market items,. even where processing costs are incurred; 2.1.23 sign documents on behalf of the County as the representative for waste management matters including credit applications, customs and NAFTA forms and other documents required to assist with the day to day operations of waste management; 2.1.24 negotiate sale of land and granting of easements and other rights on Waste Management Faci/ides and related properties in compliance with the Sale of land Procedure By-law; 2.1.25 negotiate with landowners for the purposes of acquiring groundwater easements or fee simple ownership of properties for purposes related to the operation and maintenance of Waste Management Facilities in compliance with the Waste Management Facility land Compensation Policy. 2.2 The Warden and Clerk are authorized to execute agreements negotiated by the Environmental Services Manager in compliance with the authority delegated in this By- law and take any actions necessary to complete the action. 2.3 In the event that the Environmental Services Manager is absent or unable to carry out his/her duties under this By-law all authority granted herein shall be carried out by the General Manager of Corporate Services. 2.4 In the event that the Environmental Services Manager is absent or unable to carry out his/her duties under this By-law all authority granted herein'shall be carried out by the General Manager of Corporate Services. 2.5 The Environmental Services Manager will irnplement the obligations under this By-law with the assistance of the Environmental Services staff: The Environmental Services Manager may develop guidelines and policies to guide staff. SECTION 3 -COLLECTION SERVICES 3.1 GENERAL INFORMATION 3.1.1 No Collection Services shall be made on the following observed holidays: New Ye Good F Victoria Collection Services will occur the day following the holiday and all subsequent tiiaction Qays in that week will receive Collection Services one day later than the regular Collection Day. If any of the observed holidays occur on a Saturday or a Sunday, Collection Services for the following week will start on the Tuesday and all'`subsequent Collection Days in that week will receive Collection Services one day later than the regular Collection Day. 3.1.2 Col/ection Services for the Christmas holidays will be made as follows: (a) Christmas Day falls on a Collection Day Collection Services will occur the day following the holiday (on Boxing Day) and all subsequent Co//ection Days in that week will receive Collection Services one day later than the regular Collection Day. 12 (b) Christmas Day falls on Saturday no changes to Collection Days will be observed (c) Christmas Day falls on a Sunday Collection Services will occur on Tuesday and all subsequent Collection Days in that week will receive Collection Services one day later than the regular Collection Day. 3.1.3 In the event of hazardous road conditions due to snow and/or ice, the County may find it necessary - in the interest of public safety - to authorize the cancellation of Collection Services. The normal practice is to collect double the limits on the next regularly scheduled Collection Day 3.1.4 In the event of a road closure or road ,.works the County will not provide Collection Services at the Serviced Unit affected by the road closure. 3.1.5 It is the responsibility of the authority with jurisdiction for the toad to: 3.1.5.1 provide information to the County on the location and length of disruption of services, notice should be provided 30 days in advance where possible; 3.1.5.2 provide a plan of alternative arrangements, to the satisfaction of the Environmental Services Manager, -`for management of Collection Services for the affec#ed Serviced Units for the duration of the 3.1.5.3 affected Serviced Units of the approved 3.1.6 In the etient Waste is refused for Collection Services due to non-compliance with tfiis By-law (e:g. not properly sorted or set out after the designated set out time) the Generator is respohsible to remove the Waste and should be aware that unremoved Waste will be considered "refuse" and subject to enforcement under section 127 of tFie Municipa/Act, 2001 and Local Municipa/ity litter by-laws. 3.1.7 In an effort to avoid human conflict with bears, every resident is encouraged to visit the.Mnistry of Natural Resources website located at bears.mnr.gov.on.ca. 3.2 QUALIFICATIONS FOR SERVICE Medical Exemption 3.2.1 Owners may apply to the County to obtain a medical exemption from the limit on Garbage Collection Services by filling out the "Medical Exemption Form" available at the County Administration Building. Physician's Signature is required. 13 Multi-Unit Eligibility 3.2.2 Owners may apply to obtain the County's determination of their eligibility for Waste Collection Services by filling out the "Request Form for Waste Collection Services", available at the County Administration Building. Commercial Unit Eligibility 3.2.3 If an Owner is successfully granted the right to strictly meeting the definition of a Serviced Unit, provisions of this By-law, save and except thq agrees to grant exemption from. Waste must;k type that is similar to that produced by a <Res~ Waste Materials will not be collected. Private Roads 3.2.4 The County is not obligated to located on a Private Road. 3.2.5 Owners can apply to det County with the "Request available at the County Ac (i) permit (ii) permit 3.2.6 Services, despite not er must abide by the ~s which the County :ed in a quantity and yelling Unit, Optional Services from a Serviced Unit Vaste Collection Services to the coon Service on Private Roads", in order to: to enter the private property for Collection and collection vehicles around in the Owner's y be provided on Private Roads provided the Service time of servicing that there is: 6.1 clear; safe, unobstructed access to the Private Road; turnaround space for the Waste collection vehicles; sufficient overhead clearance to accommodate the Waste collection vehicles; 3.2.7 If the Owners' Wastes are not able to be collected because they are on a Private Road, or because any of the conditions listed above requires Collection Services to be refused, it is the Owners' responsibility to make alternative arrangements for management of their Waste. 14 Individual Agreements 3.3 3.2.8 Nothing in this By-law will restrict the County from entering into individual agreements with Owners, Local Municipalities and Service Providers granting exemption from specific sections of this By-law on terms and conditions satisfactory to the County. REQUIREMENTS FOR SERVICE 3.3.1 Every Generator shall set out Garbage and R in Approved Containers no later than 7:00 a.m except those Local Municipalities with specific times as set out on Schedule "C". ___. 3.3.2 Every Generator shall set out Optic on the Monday of the designated Wastes which have been refusE Materials collection will be taken in of the Serviced Unit. 3.3.2 Every Generator using a Garbage;8ox shall ensure it is in good state of repair and cleanliness; clearly displays `all 911 ,numbers for generators using the Garbage Box; it has a water tight; lid; is na deeper than 1 metre if access to Approved Containers is from the top; is easy to open and remains open while Garbage is being; removed from. the box and complies with any requirements imposed by the LocallVlunicipafifiers_ 3.3.3 Every Generator shall set out Approved Containers in an accessible location, on the right side of the driveway while facing the roadway, where possible, at the edge of tfie Roadway,(no further than three meters from the traveled portion of the Roadway}x directly in front of the Serviced Unit, but in a location that will not impede or obstruct pedestrian or vehicular traffic or interfere with road maintenance operations including winter snow removal or so as to endanger the ;safety of any Person. 3.3.4 Every, Generator shall remove empty Approved Containers for Garbage, Recyclable Materials, and Organic Waste that were placed out for collection by the Generator by 7:00 p.m. on the Col/ection Day, unless the Approved Containers have been placed inside a Garbage Box, save and except those Local Municipalities with specific requirements as set out on Schedule "C". 3.3.5 Every property Owner of rented or leased premises, including their agents andior property management firms, should ensure that a copy of the current County's Curbside Collection Calendar, is located on site for each tenant of the rental or leased premises. Materials and Organics Collection Day; save and ~ments regarding set out terials ng_ titer than 7:00 a.m. ,te Materiafs=;=collection week. m under an Option Waste to be managed by the Owner 15 3.3.6 Refer to the County of Simcoe website at www.county.simcoe.on.ca for Curbside Collection Calendar. 3.3.7 Collection Services shall be denied to Owner at a Serviced Unif if: 3.3.7.1 the Waste is frozen or stuck to the Approved Container, if required for type of Waste, or to the ground; 3.3.7.2 the Waste has blown away or otherwise scattered by animals; 3.3.7.3 access to the Waste is blocked at 3.3.7.4 the Waste is placed in contravention of tt according to requirements of this By-law; 3.3.7.5 Waste Collection Ser revoked in accordance 3.4 WASTE STREAM PREPARA Garbage 3.4.1 Approved Containers for Garbage include: in any manner e.g. collection; e.g. not prepared discontinued or A Garbage bin provided it is a rigid container, tapered to be larger at the top and fitted with.auitable handles aril a tight fitting cover which may be easily and completely removed to facilitate collection; having a capacity of not less than 30 litres and not more than 80 litres and weighing not more than 20 kgs, when filled with Gar#~age fore collection, and that is otherwise suitable for the purpose of Garbage bag provided it is a standard size disposable plastic bag, having a aximum size of 90cm x 75cm, not weighing more than 20 kgs. when filled with ~rbage for collection and it is in good working order and is not torn, punctured Such other container as may be designated by the Environmental Services Manager. 3.4.2 Garbage Preparation Generators must use Approved Containers and separate the Garbage as set out in this by-law. Loose Garbage must be placed in a standard size Approved Container (Garbage bin or Garbage bag}. If using over-sized bin standard size Garbage bags must be used as loose Garbage and small bags will not be collected from an over-sized bin. 16 3.4.3 Garbage Limit See Schedule "C" for area specific information. Recyclable Materials 3.4.4 3.4.5 3.4.6 Approved Containers for Recycling include: A Recycle Bin provided it is a plastic box in a variety of colours including blue, black and grey, in a good state of repair, issued by; or purchased from the County or other municipality which meets the r~cltiitements of the County having a capacity of no more than 80 litres and a weight, when full, of not more than 20 kgs.. ~ °r ~ '=~ A R ecycling Cart provided it is a purchased from the County or other i of the County having a maximum cad been approved by the County as tie capable of being serviced using the " at a complex consisting of Mulfi Commercial Units. pled plastic. e~?rttainer, issued by or pality, which rrteets the requirements of 400 litres, or other size which has ceptable for collection, and must be Carr Hold" lifting mechanism. For use residential Dwellings Units andlor Such other container as Manager. the Environmental Services Generators must use;Separate Approved Containers for Recyclable Materials, one for f2e~ifclable E~ap~r Fibres artd one for Recyclable Containers. Bundles of corrugated ca'r'dboard rrius~~e flattened and bundled into packages no larger than g1.cm x 91 cm x 20 cm. ° There is no limit on 'the number of Approved Containers for Recyclable Materials or t[e quantity of Recyclable Materials that may be set out for Collection Sectrces, save and except corrugated cardboard except that it will be I`rrnitgd to amounts that would reasonably accumulate at a Serviced Unit as assessed `by'the Environmental Services Manager. Each Approved Container shall have maximum volume limit of 80 litres and a weight limit of 20 kgs. Corrugated cardboard is limited to three bundles. Organics - (where collection is provided) 3.4.7 Approved Container for Organics includes a green plastic container, with carrying handles, that has been approved by the County for the disposal of Organics; and weighs not more than 20 kgs; a compostable paper bag, that is not torn or ripped, and weighs not more than 20 kgs; and such other container as may be designated by the County. 17 3.4.8 Organics Preparation Generators must not place Organics inside plastic bags, wrap or film for collection. Organics should always be wrapped in newspaper, compostable paper food waste bags, or paper grocery bags. In winter months line Approved Containers for Organics with newspaper to avoid freezing problems, in summer months to lessen odours consider freezing Organics before Collection Day and clean Approved Containers with a solution of vinegar and water. Organics does not include Leaf and Yard Waste, pet excrement, diapers or any plastics. 3.4.9 Organics Limit There is no limit on the number of Approved Containers of Organics that may be set out for Col/ection Services, except that it witt;be limited to amounts that would reasonably accumulate at a Serviced Unit. as assessed by the Environmental Services Manager. Each Approved: Container shall have maximum volume limit of 80 litres and a weight limit of 20 kcts. Leaf and Yard Waste - (where collection is 3.4.10 Approved Containers for Leaf and bag specifically designed for Leaf and 90 cros and width no greater than 41 and is capable of being sectirely ctess 20 kgs when lifted that is not torn, or~rl box; open top rigid containers; (exclu capacity of not more than 12S litres lifted; and such other container as ma Yard Waste include a brown Kraft paper Yard Waste with a height no greater than cros and depth of no greater than 31 cros ed when frlled and capable of supporting ppet#; a~hon-waxed corrugated cardboard ding Blue Boxes and Grey Boxes) with a and capable of supporting 20 kgs when y be designated by the County. 3.4.11 Leaf and Leaf and. Yard t~l/aste must be placed in Approved Containers for Leaf and Yard ;tNasfe no plastic bags,will be accepted. Leaf and Yard Waste must be capable of composting without the need for pre-processing such as grinding or chipping the Waste, and ;does not include Organic Waste. The following items will not be collected as Leif and Yard Waste: kitchen waste, rocks, dirt, branches, stumps, painted or treated wood and pet excrement. 3.4.12 Leafand.Yard Waste Number Limits There,is;. ro limit on the number of Approved Containers for Leaf and Yard Waste that may be set out for Collection Services, except that it will be limited to amounts that would reasonably accumulate at a Serviced Unit as assessed by the Environmental Services Manager. Approved Containers must comply with the weight limit of 20 kgs. each. Leaf and Yard Waste is also accepted at most County Waste Management Facilities. 18 Brush - (where collection is provided) 3.4.13 Brush Preparation: Brush must be free of contaminants including dirt and rocks and must be bundled with a maximum of .75 m in diameter and 1.2 m in length not to exceed 20 kg. in weight and a maximum branch diameter of .75 m. 3.4.14 Brush Limits There is no limit on the amount of Brush that may be set out for Collection Services, except that it will be limited to amounts that would reasonably accumulate at a Serviced Unit as assessed by the. Environmental Services Manager ~ ~ ~ -~~ Christmas Tree - (where collection is provided) 3.4.15 Christmas Tree Preparation: Trees must be equal to or less than 2 metres in length. If the tree is longer than 2.0 metres it must be cut down into 1.2 metre `sections and bundled. Christmas Trees will not be collected if they are in plastic bags or any other container or if tinsel, lights, decorations and/or ornaments E~aue not been removed. 3.4.16 Christmas Tree Limit There is no limit on the numbei of Chrsfmas Trees, except that it will be limited to amounts that would reasonabl~€ accumulate at a Serviced Unit as assessed by the Envirorririenta/ Services'Manager. Christmas Trees must be equal to or less than,l.2 metres in length and vreight not more than 20 kgs Bulky Items - 3.4.17 Bu/ky Items must be capable of being lifted by two workers into a Waste collection vehicle (items longer than 1.2 metres in any dimension may not be collected if unable to be accommodated by the collection vehicle). Carpeting must be rolled-and tied into bundles of a maximum 90 cm x 90 cm lengths. The fall©wing items will not be collected as Bulky Items: automotive parts, Cortstructioir and Demolition Waste, stumps and branches and bagged Waste. Bulky Item must be set out separately from all other Waste streams. 3.4.18 Bulky Item Limit No more than five Bulky /terns will be collected. Each bundle of carpeting is considered one item. Metal Items - (where collection is provided) 3.4.19 Metal Item Preparation Meta/ Items must be capable of being lifted by two workers into a Waste collection vehicle (items longer than 1.2 metres in any dimension may not be 19 collected if unable to be accommodated by the collection vehicle). CFC Appliances must have a sticker applied from a certified technician confirming the removal of CFC's or collection will be refused. CFC Appliances may be taken directly to a Waste Management Facility for proper removal of CFCs and disposal (fee applies). Wheels must be removed from bicycles. Water and fuel tanks must be empty and cut in half. Metal Items must be set out separately from all other Waste streams 3.4.20 Metat Item Limit No more than five Metal Items will be collected. Combined Bulky and Metal Items - (where collection 3.4.21 Combined Bulky and Metal Item The preparation instructions under apply. Bulky Items must be placed 3.4.22 Combined Bulky and Metal Item L' No more than five Bulky Items and 5 3.5 PROHIBITIONS No Person shall: and Metal and set out above ~m Metal Items[at he curb. will be collected. 3.5.1 set out any Waste for Collection Services unless it is in an Approved Container and/or prpperly sorted and prepared as required under this By-law, and as scheduled and. directed within the County's `Curbside Collection Calendar'; 3.5.2 set out .Waste in a Garbage Box that is inaccessible for any reason including now. ice: blockage; or not visible; except as provided in section 3.6, set out for Collection Services any Transient Waste, Non-Collectable Waste, including, but not limited to Prohibited Waste, dither on its,own or mixed with any other Waste, or Waste which does not comply with this By-law; 3.5.4 set out any form of Waste at the collection location for a Serviced Unit entitled to receive Waste Collection Services unless the Waste was generated in that Serviced Unit; 3.5.5 set out Waste in excess of the limits for the type of Waste; 3.5.6 set out Waste defined as "Non-Collectable Waste"; 3.5.7 set out hot Ashes; See section 3.6 for preparation of cold Ashes; 3.5.8 allow any liquid matter from any Waste source whatsoever to flow or drain upon 20 streets, Roadways, ditches, gutters, public or private lands, or fail to clean up any mess or debris created if any Waste spills; 3.6 4.1 3.5.9 permit any animal owned by him or her or under his or her control to pick over, interfere with, remove or scatter any Waste out for Collection Services 3.5.10 throw, cast or otherwise deposit or cause or permit any contractor, agent or employee of such Person to throw, cast or otherwise deposit any Waste whatsoever on or in any street, public property, private property, Roadways, vacant lot, yard or watercourse, except as authorized. by this By-law; 3.5.11 set out Waste for Collection Services by Waste removal vehicles if access to the Waste is blocked; EXCEPTIONS 3.6.1 Ashes: Despite Section 3.5 Ashes`can be set out if cold and placed in a clearly labeled separate container. 3.6.2 Broken Glass: Despite section 3.5 and the inclusion of broken glass in the definition of Prohibited Waste, an Owner of a Serviced Unit may place broken glass out for Waste Collection Services, for Garbage provided that the broken glass is first securely wrapped so that the 'broken glass cannot pierce the wrapper and endanger the Seiviee'Provider, and then placed in an Approved Container. Broken Glass cari also be delivered to a Waste Management Facility, see section 43 for more information. 3.6.3 Pet Excrement: Qespite section 3.5 and the inclusion of pet excrement in the definition of Prohibited Waste,' an Owner of a Serviced Unit may dispose of exeremerit of dogs or cats with Garbage provided the Owner first wraps in absorbent paper (e.g, newspaper), any faeces of dogs or cats, places same in a sealed leak-proof bag; which is mixed in with Garbage in an Approved Containerwhic[rt contains by volume, not more than ten percent excrement from dogs or cats and 90 percent other Garbage. Pet Excrement can also be delivered to a Waste Management Facility, see Section 4.3 for more GENERAL INFORMATION AND REQUIREMENTS FOR SERVICE 4.1.1 Waste Management Facility Services are provided to residents in the Countys Collection Area upon proof of residency in the County and to businesses in the County for Waste generated in the Collection Area. 4.1.2 Public access to a Waste Management Facility is limited to the hours determined by the Environmental Services Manager and posted at the site. 21 4.1.3 Every Person attending at a Waste Management Facility must obey the Code of Conduct posted at the site. 4.1.4 Every Person must conform strictly to all requirements of the Environmental Protection Act, the Occupational Health and Safety Act and other relevant legislation, any relevant regulations thereunder, any relevant Certificates of Approval and any relevant County Policies and Procedures. 4.1.5 Persons depositing or delivering Waste to any tNaste Management Facility operated by the County must pay the appropriate fee for that type of Waste, as set out in the Tipping Fees By-law. 4.1.6 Persons purchasing materials, products or~seroices~(ec~: Bag Tags, Recycling Bins and other items available at most Waste Managerriertt Facilities) must pay the appropriate fee as set out in the Tipping Fees By-law. 4.1.7 Account holders in arrears to the County for more than 30 days may be denied credit or access to the Waste Management Facilities, as determined by the Environmental Services Manager until aIC accounts are paid in full or paid according to an agreed repayment schedule approved by the Environmental Services Manager. 4.1.8 Every Person depositing material"'at a Waste Management Facility of the County shall deposit only such types of materials as are acceptable for deposit at the Waste Management Facility as designated by the County. 4.1.9 All Waste deposited at any Waste Management Facility becomes the property of the County and may 6e Salvaged, reclaimed, recycled, composted, pFOCessed disposed of, or otherwise dealt with by the County as the Environmental: Services Manager deems fit. 4.1.1Q . ,.Despite subsection 4.2, a Person may remove Salvage from a County Waste Management Facility only in accordance with a Salvage program as approved t7jr ,the Envimnmentat Services Manager: Where no Salvage program is available Scavenging is prohibited. 4.2 4.2.1 No Person shall: 4.2.1.1 deposit Waste at any Waste Management Facility outside the hours of operation as determined by the Environmenta/ Services Manager and posted at the site; 4.2.1.2 deposit Waste at any Waste Management Facility when such deposit has been forbidden by the Environmental Services Manager or the 22 Person in charge at the Waste Management Facility on the grounds that the deposit would be contrary to this By-law or on the grounds that the origin of the Waste has not been satisfactorily proved; 4.2.1.3 deposit at any Waste Management Facility any Waste not generated in the County, or Waste which does not comply with this By-law or the Waste Management Facility's Certificate of Approval. Any Waste delivered or deposited that was not generated in the County of Simcoe or which does not comply with this,; By-law shall be removed by or at the expense of the Person seeking to`dispose of it; 4.2.1.4 deposit Waste at any Waste M~ doing so pursuant to this By-law; 4.2.1.5 attend at any Waste depositing Waste or approval of the Envirc 4.2.1.6 behave in a manner that is Persons in attendance; 4.2.1.7 indulge in any rig profane or abus interfere with the 4.2.1.8 enter un Facility, requirements for service as set out in Section 4.1; .1.10 deposit Waste at a Waste Management Facility other than at the locafons designated for the specific Waste type and in the manner required for the Waste type; 11 except as provided in section 4.3 deposit any Prohibited Waste at any Waste Management Facility; 4.2.1.12 deposit at any Waste Management Facility, any Transient Waste or Waste which does not comply with this By-law; 4.2.1.13 deposit any burning or hot material, embers, coals, or ashes or set any fire at any Waste Management Facility, 4.2.1.14 except as in section 4.1, Scavenge, collect, pick over, interfere with, remove or scatter any Waste or cause or permit the Scavenging, collecting, picking over, interference with, removal or scattering of any Waste at any Waste Management Facility, Facility while barred from Facility except for the purposes of uful business, :without the written ices Manager, ~e to County staff and/or any other nt, threatehing or illegal conduct, or use fie, or create a nuisance or in any way Waste Management Facility by any other 23 4.3 EXCEPTIONS 4.3.1 Asbestos: Despite section 4.2, a Person may deliver asbestos to a Waste Management Facility provided that the asbestos is disposed of in accordance with provincial or federal statutes or regulations in effect at the time and at the time of delivery of the asbestos the Person notifies the operator of the Waste Management Facility that the Waste is asbestos in order that the operator may ensure the immediate disposal of that asbestos. The Site Supervisor shall have the authority to direct the delivery to a suitable site at a suitable time. 4.3.2 Broken Glass: Despite section 4.2 and the inclusion of broken glass in the definition of Prohibited Waste, a Person may deliver broken glass to a Waste Management Facility provided the operator ot'the Wash Management Facility is advised of the contents of the Garbage in order that he orshe may ensure it does not provide a hazard to other Waste Management Facilt`ty_users or staff. 4.3.3 Carcasses: Despite section 4.2, a Person may deliver the carcass of animals and slaughterhouse Waste to a Waste Management Facility provided that the Person has first contacted the. Waste Management Facility Site Supervisor to obtain pre-approval for the detiirery: The Person will need to provide particulars including, but not limited to, the quaritity to be delivered. The Site Supervisor shall have the authority to direct the'delivery tci a suitable site at a suitable time. 4.3.4 Contaminated Soit: Despite section 4.2, a Person may deliver contaminated soil to a Waste Management Facility provided the following procedure has been followed: A Toxicity Characteristic Leaching Procedure (TCLP analysis) has been performed crn the. material and submitted to the Environmental Services Manager,. the Environmental Services Manager or his or her designate has reviewed the TCLP analysis to the Leachate Quality Criteria (Schedule 4) as amended in She EPA... and determines that there are no exceedances, arrangements have been made with the Site Supervisor at the Waste Management Facility that will receive the contaminated soil. See Tipping Fees By-law for further information. 4.3.5 Household Hazardous: Despite sections 4.2, a Person may deliver Household Hazarctpus Waste to a Household Hazardous Waste Depot on the operating days advertised by the County provided products are returned in their original container, properly sealed and labeled and if such Person is an Owner of the Residential Dwelling Unit where the Household Hazardous Waste was generated and the quantities are what would reasonably accumulate at a Serviced Unit. 4.3.6 Pet Excrement: Despite section 4.2, an Owner of a Serviced Unit may deliver pet excrement to a Waste Management Facility provided the Owner wraps the pet excrement in absorbent paper (e.g. newspaper) and places same in a sealed leak-proof bag, inside a further sealed leak-proof bag; and at the time of 24 delivery of the pet excrement, notifies the operator at the Waste Management Facility of the contents of the bag, in order that the operator may ensure the immediate disposal of the bag and its contents. 4.3.7 Tires: Despite section 4.2, a Person may deliver tires to a Waste Management Facility provided he or she pays the fees for disposal of tires in accordance with the most current Tipping Fees By-law. SECTION 5 -ENFORCEMENT 5.1 OFFENCE No Person will deal with Wastes except in 5.2 ORDER TO REMOVE 5.2.1 Where Waste is placed on public property or where Waste is put out for Collection Services in contravention of this;8y--law, or where Waste is put out for Collection Services at a property which is not a Serviced Unit, the Environmental Services Manager, or his or =her designate, may give written notice to the Person who generated that Waste:and/or the Owner, advising that if such Person(s) and/or O~irrrer faits fci ~emQve the Waste or cause the Waste to be removed within the time specified in ttie notice, the County or the Countys designate may remove and dispose of the Waste at the expense of the Owner or Person who generated the VWaste and may immediately dispose of it, 5.2.2 Where Waste is placed; out for GctUection Services in contravention of this By- law, or where Waste is put out for Collection Services at a property which is not a Serviced Unit, the Environmental Services Manager or his or her designate may, giue notice under this section by posting the notice in a conspicuous place en the property, or sefve it by personal service or by registered mail to every Registered Owner of the property where the Waste is situate advising that if the Registered Owners fail to remove the Waste or cause the Waste to be removed, within the time specified in the notice, the County may remove and dispose of the Waste at the expense of the Registered Owners of that property, whether or not a Registered Owner or any Owner of that property generated the 5.2.3 The County may recover all costs by action, or in the case of a Registered Owner, the same may be recovered in like manner as municipal taxes by making a request to the lower-tier municipality to add the costs of completing any matter or thing to the tax roll. 25 5.3 ORDER TO LEAVE OR REFUSE ACCESS The Environmental Services Manager, a Site Supervisor or any employee of the County under the direction of the Environmental Services Manager or a Site Supervisor may order a Person to leave the Waste Management Facility if they determine a Person: 5.3.1. is Scavenging; 5.3.2 is depositing Waste contrary to this By-law; 5.3.3 is conducting any illegal activity; 5.3.4 has no lawful reason to be at the Waste 5.3.5 has breached any provision of this 5.3.6 fails to provide proof of residency, The Environmental Services Manager, a Site under the direction of the Environmental Se refuse access if they determine a Person: 5.3.7 5.3.8 5.3.9 5.3.11 5.3.1: 5.4 SUSF has violated this By-taw; owes mor owing on is transpo Managem !has not fu attends at SFON OF or any employee of the County 3ger or a Site Supervisor may to this By-law and fails to pay the balance for deposit at the Waste secured the vehicle hauling the Waste; with a vehicle that appears to be unsafe. 5.4.1 In adtli#lor to any other remedy under this By-law where the Owner of a Serviced Unit or a Person attending at a Waste Management Facility, contravenes any of the provisions of this By-law, the Environmental Services Manager shall give written notice (Notice of Breach, Notice to Suspend), to a Person attending a Waste Management Facility or to the Owner of the Serviced Unit by mail or hand delivery, advising of the particulars of the breach or breaches under this By-law. 5.4.2 Where there has been a failure to remedy the Notice of Breach, or on a subsequent contravention of the By-taw, or failure to pay any fines or other monies owing under this By-law, the Environmental Services Manager may 26 issue a Notice to Suspend Collection Services to that Serviced Unit or access to Waste Management Facilities. 5.4.3 Any Owner may apply to the Environmental Services Manager in writing for the termination of the Notice to Suspend, and upon the Owner demonstrating to the Environmental Services Manager that he or she is in compliance with the By- law and has signed an undertaking to comply in the future with the By-law, the Environmental Services Manager may: 5.4.3.1 terminate the Notice to Suspend; 5.5 5.6 5.7 5.4.3.2 impose such conditions or terms as he or she considers appropriate to reinstate Collection Services andfor dispasal privileges. APPEAL If a Person wishes to appeal a decision of ttie Environrrenta/ Service Manager or Site Supervisor under sections 5.2, 5.3, 5.4 a written notice of appeal must be delivered to the Clerk of the County within 10 days of the decision setting out the reasons for appeal. The Clerk will arrange fora hearing; before the Corporate Services Committee. This committee will provide its written decision with 30 days ofthe hearing date. PENALTY Any person who contravenes any provision of this by-law is guilty of an offence and on conviction is liable to the maximum fine`as provided for in the Provincial Offences Act, and every fine is reca~rerable under the Prdvincial Offences Act. ~ the provisions of section 5.6 of this By-law, any person may, upon an Infraction Notice: 5.7.1 issued by a Municipal Law Enforcement OfFcer; 5.7.2 indicating the commission of an offence as set in this By-law; 5.7.3 showing a set fine as approved by the Chief Justice of the Ontario Court of Justice`(see Schedule "D" for set fine amounts); may make voluntary payment in the manner shown in option 1 or 2 on the reverse side of the Infraction Notice. If the early payment option is chosen such payment must be received by the Treasurer of the County, or his/her designate, within fifteen days of the date on which the Infraction Notice was issued, inclusive of Saturdays, Sundays and holidays. 27 5.8 PROHIBITION ORDER If a Person has been convicted of an offence under this By-law, pursuant to section 431 of the Municipal Act, 2001, the court in which the conviction has been entered may, in addition to any other penalty or other remedy imposed, make an order prohibiting the continuation or repetition of the offence. 5.9 COST RECOVERY Where any Person fails to comply with the requirements or provisions of this By-law, the County may recover the expense incurred for any actions Taken from such Person by action or in the same manner as municipal taxes. SECTION 6 -GENERAL PROVISIONS 6.1 REVOCATION OF CONSENT Any consent previously given by the Council any work under the sphere of Wasfe Mans by-laws authorized under section 127 of the 6.2 SEVERABILITY If any provision of this jurisdiction the remain 6.3 CERTIFICATE The for 6.4 EFFECTIVE DATE This By- Council. is declare s ey-law qty to any Locat Municipality to do hereby revoked, excepting those ict, 2001. %alid for any reason by a court of competent still continue in force. shall be subject to the terms of the Certificates of Approval Facilities of the County and any relevant statutes and force and take effect on the date it is passed by the County READ A FIRST AND SECOND TIME this day of READ A THIRD TIME AND FINALLY PASSED this Tony Guergis, Warden 2007. day of , 2007. Glen Knox, Clerk F:\Shar1000NTY OF SIMCOE4E1081 Service and Waste Placement By-laws (see sw134)\Wasfe Bylaw Apr 12 07v3.doc 28 SCHEDULE"A" Household Hazardous Waste Depots Residential use only, no industrial, commercial or institutional materials will be accepted. Bring Household Hazardous Waste and electronic items to the following Depots, please refer to the County website at www.countv.simcoe.on.ca for depot days and hours of operation. 1. 2. 3. 4. 5 North Simcoe Transfer Station New Tecumseth Transfer Station Nottawasaga Landfill Site Barrie Landfill Site (Under Agreement) - no residents. accepted from County Orillia Landfill Site (Under residents. accepted from County 29 SCHEDULE"B" Guidelines for Aaalications for Collection Services Eligible Serviced Unit (a) Application to be made to the County using the `Request Form for Serviced Units for Waste Collection Services'. (b) Request form to be forwarded to the Locat Municipality, where the property is located, by the County. (c) Application to be reviewed by the Environmental Services Manager upon recommendation of the Local Municipality.',,; (d) Information will be obtained from the fUiunicipal Property Assessment Corporation. (e) Determination to be made as to whether the applicant will be entitled to Waste Collection Services. Private Road (f) Application to be made to the County using the 'Request Form for Waste Collection Services on a Private Road'. (g) (h) Environmental Services Manager, in as to whether the applicant will be entitled to Waste vate Road. 30 Application " to ° be consultation with th SCHEDULE "C" Area Specific Information Specific Set Out Requirements In an effort to reduce human conflict with bears and at the request of the Ministry of Natural Resources the following municipalities are required to not set out their Waste for collection prior to 6:30 am on the scheduled Collection Day: Township of Severn Township of Ramara, Township of Springwater, Township of Oro Medonte, Township of Tay Township of Tiny Specific Garbage Limits In the municipalities of the Town of BradforcE Collingwood, Township of Essa, Town of Inn Township of Oro-Medonte, Township of . Springwater, Township of Tay,, Township of Ti limit is two Approved Gonfaners-;plus any Collection Services are 'praujded tfYg lirtnit is Tagged Approved Containers In the Town County of Sii uillimbury, Township of Clearview, Town of wn of'Mdland, Town of New Tecumseth, a, Township of Severn, Township of the Town of Wasaga Beach, the Garbage i Approved Containers unless Organics :d to one Approved Container plus any set out for Collection Services must display a In the Township of Adjala-Tas4rontio the Garbage limit is one Approved Containers and no additional Tagged Approved Containers are allowed. Garbage Boxes In the municipalities of ~" Garbage Boxes are permitted. 31 SCHEDULE "D" Set Fine Schedule Collection Services By-law Set Fine Early Section Payment Fail to set out any Waste for Collection 3.5.1 Services unless it is in an Approved Containerand/or properly sorted, prepared, scheduled and directed within the County's 'Curbside Collection Calendar' Fail to set out Waste in a Garbage Box that is 3.5.2 inaccessible Fail to set out for Collection Services any 3.5:3 Transient Waste, Non-Collectable Waste, including, but not limited to Prohibited Waste, either on its own or mixed with any other Waste, or Waste which does not comply waft; this B -law Setting out any form of Waste at the 3.5.4" collection location for a Serviced Unit entitled to receive Waste Collection Services not enerated in that Serviced Unit Setting out Waste in excess of the lirnrts for 3.5:5 the a of Waste Setting out Waste defined as °Nort- 3.5.6 Collectable Waste" Settin out hat,4shes 3.5.7 Allowing airy,liquid matter from any `Waste 3.5.8 source whats©ever to flow or drain upon streets, Roadvva~s~ ditches, gutters, public or private lands, or fairing to clean up any mess or debris created if an Wastes ills Permitting any animal owned by him or her or 3.5.9 under his or her control to pick over, interfere with, remove or scatter any Waste out for Collection Services 32 Collection Services By-law Section Set Fine Early Payment Throw, cast or otherwise deposit or cause or 3.5.10 permit any contractor, agent or employee of such Person to throw, cast or otherwise deposit any Waste whatsoever on or in any street, public property, private property, Roadways, vacant lot, yard or watercourse, exce t as authorized b this B -law Setting out Waste for Collection Services by 3.5.11 Waste removal vehicles if access to the Waste is blocked 33 Waste Management Facilities By-law Set Fine Early Section Payment Depositing Waste at any Waste Management 4.2.1.1 Facility outside the hours of operation as determined by the Environmental Services Mona er and osted at the site Depositing Waste at any Waste Management 4.2.1.2 Facility when such deposit has been forbidden by the Environmental Services Manager or the Person in charge at the Waste Management Facility on the grounds that the deposit would be contrary to this By- law or on the grounds that the origin of the Waste has not been satisfactoril roved Depositing at any Waste Management 4.2.1.3- Facility any Waste not generated in the County, or Waste which does not comply with this By-law or the Waste Management Facility's Certificate of Approval. Any Waste delivered or deposited that was not generated in the County of Simcoe or which does not comply with this By-law shall be removed by or at the expense of the Person seekin to dis ose of it Depositing Waste at any„ Waste 4,2.1.4 Management Facilify while barred from doing so ursuant to this B -law Attending at any Waste Management Facilify "4.2.1.5 except for the purposes cif depositing Waste or for other lawful business, without ttta written approval of the Environmental Services Mana er Behaving in a manner that is offensive to 4.2.1.6 County staff and~or any other persons in attendance Indulging in any riotous, violent, threatening 4.2.1.7 or illegal conduct, or use profane or abusive language, or create a nuisance or in any way interfere with the use of the Waste Mona ement Facilit b an other Person Entering unlawfully a Waste Management 4.2.1.8 Facilit Breaching the requirements for service as set 4.2.1.9 out in Section 4.1 34 Waste Management Facilities sy-law Set Fine Early Section Payment Depositing Waste at a Waste Management 4.2.1.10 Facility other than at the locations designated for the specific Waste type and in the manner re wired for the Waste e Depositing any Prohibited Waste at any 4.2.1.11 Waste Mana emenf Facilit Depositing at any Waste Management 4.2.1.12 Facility, any Transient Waste or Wasfe which does not com I with this B -law Depositing any burning or hot material, 4.2.1.13 embers, coals, or ashes or set any fire at any Waste Mana ement Facilit Scavenging, collecting, picking over, 4.2:1.14.. interfering with, removing or scattering any Wasfe or causing or permitting the Scavenging, collecting, picking aver, interference with, removal or scattering of any Waste at any Waste Management Facilit 35 Fax back to: (705) 726-9832 County of Simcoe, Environmental Services Department Request Form for Waste Collection Services on a Private Road °°°•,. •~ NEW APPLICANTS Please either print, in space provided, or circle all of the information requested below: 911 Address (green number and street): Municipality: Name of applicant: Relationship of applicant to property: Owner Resident Proprietor other: The Corporation of the County of Simcoe ("County") will provide waste collection services to the applicant provided that: • the service provider has determined that the private road has access, and means of egress required for the waste collection • the service provider has the appropriate overhead cleazance• • the road is clear of snow and ice; • there is unobstructed access to the waste to be collect The applicant grants the service provider access to their property for which the applicant would not otherwise be entitled he/she c~ns that for any damage done to the property or any damage resu applicant consents to this agreement being registered on title In the event that an owner, resident or number of units eligible for waste cone out and submitted to the County. The applicant acknowledges written notice. By signing below the applicant acknowle and also cert~ that the information they Signature of applicant: widths, turning radii, means of ion services. In exchange for services for 3' and the service provider aze not liable i+ision of waste collection services. The of the County. County of Simcoe requires clarification on the t for Waste Collection Services should be filled to terminate collection services upon two months they have read and understood the implications of this document vided is accurate to the best of their knowledge: Contacts (phone, email and/or fax): Date: OFFICE USE ONLY OFFICE USE ONLY OFFICE USE ONLY OFFICE USE ONLY ~ Please provide response for above noted property as follows: Collection Services Granted for: Gazbage: ^ Collection Services Denied: County response to applicant by: Recycling: ^ (Check one or both boxes) ^ State Reason: Date: Personal Information contained on this form is collected pursuant to the Waste By-law and the Municipal Act, 2001 and will be used the purpose of responding to your application. Questions about the collection of personal information should be directed to the County Clerk's Department. County Contacts for questions regarding this form: by phone (705) 735-6901 or 1-800-263-3199 faz (705) 726-9832 or email info(a countv.simcoe. on.ca Administration Centre, 1110 Hwy. 26 Midhurst, ON, LOL IXO Fax back to: (705) 72b-9832 County of Simcoe, Environmental Services Department Request Form for Waste Collection Services on a Private Road EXISTING Please either print, in space provided, or circle all of the information requested below: 911 Address (green number and street): _ Municipality: Name of applicant: Relationship of applicant to property: Owner Resident Proprietor other: The Corporation of the County of Simcoe ("County") will provide waste collection services to the applicant provided that: • the service provider has determined that the private road base the required widths, turning radii, means of access, and means of egress required`~rsr the wasl<e,collection vehicles; • the service provides has the appropriate overhead cleazance; the roads aze clear of snow and ice; • there is unobstructed access to the waste. to be collectati, The applicant grants the service provider access to its prnperty far collection services. In exchange for services for which the applicant would not otherwise bt; entitled he/she confirms that the County and the service provider aze not liable for any damage done ta,the property or any damage resulting from the provision of waste collection services. T'he app~tcant consetts to this agreement being registered on title, at the discretion of the County. ~',,. v :. . In the event that an owner, resident ar ~ropti~tbr of a property in the County of Simcoe requires clarification on the number of touts eligtb~~ for waste collection services, the Request Form for Waste Collection Services should be filfout andysubmitted to the County. The applicant acknowledges that the bounty retains the authority to terminate collection services upon two months written notice. By signing below the applicant acknowledges that they have read and understood the implications of this document and also certify that the information they have provided is accurate to the best of their knowledge: Signature of applicant: Contacts (phone, email andlor fax): Date: Personal Information contained on this form is collected pursuant to the Waste By-law and the Municipal Act, 2001 and will be used for the purpose of responding to your application. Questions about the collection of personal information should be directed to the County Clerk's Department. County Contacts for questions regarding this form: by phone (705) 735-6901 or 1-800-263-3199 fax (705) 726-9832 or email info(c~countv.simcoe.on.ca Administration Centre, 1110 Hwy. 26 Midhurst, ON, LOL 1X0 Fax back to: (705} 726-9832 County of Simcoe, Environmental Services Department Local Request Form for Eligible Units Regarding Municipality ~,~ Waste and/or Recycling Collection Logo ~,~Me~ In the event that an owner, resident or proprietor of a property in the County of Simcoe requires clarification on the number of units eligible for waste collection services, this form must be completed and submitted to the County to begin the investigation to determine the correct unit count. By submitting this form you consent to the information submitted being utilized for investigations by the local municipality for purposes including, corect property assessment values, and proper utility taxation rate values, and that the taxes for the property in question may be adjusted, if necessary, to account for service levels. Please either print, in space provided, or circle all of the information requested below: 911 Address (green number and street): Municipality: Name of applicant: Property Roll No.: Relationship of applicant to property: Units Requested for Service: Number of residential units at property: Number of commercial units at property: Owner or both boxes) By signing below the applicant and also certify that the inform Signature of applicant: IS Date: Contacts (phone, email and/or fax): OFFICE USE ONLY OFFICE USE ONLY OFFICE USE ONLY OFFICE USE ONLY Forwarded by County to Municipality for review by: Please provide Municipal response for above noted property as follows: Units Elieibte for Service: Number of serviced residential units at property: Number of serviced commercial units at property: Municipal portion completed by: Recycling: ^ Recycling: ^ and understood the implications of this document to to the best of their knowledge: Date: Gazbage: ^ Recycling: ^ (Check one or both boxes) Gazbage ^ (Check one or both boxes) Date: Recycling: ^ County response to applicant by: Date: Personal Information contained on this form is collected pursuant to the Waste By-law and the Municipal Act, 2001 and will be used by the County and the Local Municipality for the purpose of responding to your application. Questions about the collection of personal information should be directed to the County Clerk's Department. County Contacts for questions regarding this form: by phone (705) 735-6901 or I-800-263-3]99 fax (705) 726-9832 or email info(a~countt! imcoe.on.ca Administration Centre, 1110 Hwy. 26 Midhurst, ON, LOL 1X0 The Corporation of the County of ~~,r ~,~. Simcoe Tel: (705) 726-9300 ext 1181 Fax: (705) 726-9831 Anention: Contracts & Collections Supervisor CORPORATE SERVICES DIVIS/ON Administration Centre ENVIRONMENTAL SERVICES DEPARTMENT 1110 Hwy. 26 Midhurst, Ontario LOL /XO Medical Exception Form In order to apply for a medical exception please complete all areas of the form shown below including having a physician complete the required area. The completed form should be faxed to the above number or mailed to the Attention of the County's Environmental Services Division's Contracts and Collections Supervisor. By completing this form the applicant acknowledges that they are applying for a medical exception to the County garbage collection limit for a person residing at their address and that the medical condition requires the generation of excess garbage. By completing this form the applicant also acknowledges and understands that no `sharps' or liquid medical/biomedical waste is being disposed of in the curbside waste stream. The County notes that the applicant will have to reapply for this exception every year; however, the County may not necessarily require the completion of the physicians section if one is already on file and is relatively up to date (within S years). If the application is accepted the County will mail out extra garbage tags in the amount of 25 bag tags per year, pro rated for the remainder of the year. Applicant's Name Full Mailing Address Municipality Posta[ Code Resident's Signature Phone: Date: Physician to Fill In Below: By completing and signing the section below the Physician acknowledges that a person residing at the above noted location necessarily generates garbage caused by a medical condition acceptable for curbside disposal (considering the Health and Safety issues of the collection crew). Physician's Name Please PRINT Physician's Signature: Date: Physician's Address (or afftz business card) Phone: *Please note this exception does not apply in the Township of Adjala Tosorontio. 1~~~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE CITIZEN OF THE YEAR ADVISORY GROUP MINUTES Monday, June 11, 2007, 10:10 a.m. CHAMBERS Present: Donald McArthur, Morris Shelswell, Peter Kurtz, Don Walker, Allan Brown, Betty Veitch, AIIan Sinton, Pat Shellswell, Edna Caldwell, Fay Craig, Berit McArthur, Evelyn Reid Regrets: Loreen Lucas, Joanne Tinney, Jean Crawford Staff Present: Janette Teeter, Clerk's Assistant 1. OPENING OF THE MEETING BY JANETTE TEETER CLERK'S ASSISTANT Janette Teeter opened the meeting at 10:10 a.m. 2. SELECTION OF CHAIRPERSON. Motion No. CY070611-1 Moved by Fay Craig, Seconded by Betty Veitch That the Chairperson for the 2007 Citizen of the Year Advisory Group be Allan Brown as voted by the Advisory Group. Carried. 3. ADOPTION OF THE AGENDA. Motion No. CY070611-2 Moved by Pat Shellswell, Seconded by Donald McArthur That the Agenda for the 2007 Citizen of the Year Advisory Group meeting of Monday, June 11, 2007 be received and adopted, as amended, to add Item 7b), Proxy Voting. Carried. ~ `~ ,-, i 4. ADOPTION OF MINUTES OF CITIZEN OF THE YEAR COMMITTEE MEETING HELD ON MONDAY JUNE 19 2006. Motion No. CY070611-3 Moved by Berit McArthur, Seconded by Don Walker That the minutes of the Citizen of the Year Committee meeting held Monday, June 19, 2006 be received and adopted as printed and circulated. Carried. 5. -' Morris Shelswell presented correspondence nominating Marilyn and Bob Gregory. Edna Caldwell presented correspondence nominating Marilyn and Bob Gregory. Signatures of support were presented to add to Darlene Corkett's nomination Newsletter correspondence was distributed to add to Miles and Bernice Hickling's nomination. The Group unanimously consented to add Marilyn and Bob Gregory's name to the ballot sheet. The Group unanimously consented to allow Fay Craig to cast her vote early in the meeting. Motion No. CY070611-4 Moved by Allan Sinton, Seconded by Don McArthur That in the event of a tie for the Oro-Medonte Citizen of the Year, there will be a second vote with the two names of the tie listed on the ballot. Carried. Citizen of the Year Advisory Group Meeting June 11, 2007, Page 2 r Motion No. CY070611-5 Moved by Betty Veitch, Seconded by Edna Caldwell That the nominations for the 2007 Citizen of the Year Advisory Group meeting be closed. Carried. 6. VOTING. Motion No. CY070611-6 Moved by Morris Shelswell, Seconded by Edna Caldwell It is recommended to Council that the 2007 Oro-Medonte Citizen of the Year be Marilyn and Bob Gregory, as voted by the Advisory Group. Carried. 7a). FURTHER BUSINESS. Motion No. CY070611-7 Moved by Berit McArthur, Seconded by Betty Veitch That the nomination deadline for the Oro-Medonte Citizen of the Year be June 1 for both the public and the Oro-Medonte Advisory Group members. Carried. The Group consented that the Annual Meeting be held on the third Monday in June to allow time to mail any further nomination correspondence to the Group members. Motion No. CY070611-8 Moved by AIIan Sinton, Seconded by Peter Kurtz That the Oro-Medonte Citizen of the Year Group be recognized for their efforts by having a luncheon after their Annual Meeting. Carried. Citizen of the Year Advisory Group Meeting June 11, 2007, Page 3 n 7b). PROXY VOTING. General discussion. It was agreed that Proxy Voting would not be allowed at the Annual Meeting. The Group member would require attendance at the meeting in order for their vote to be valid. 8. ADJOURNMENT. Motion No. CY070611-9 Moved by Don Walker, Seconded by Allan Sinton That we do now adjourn at 11:30 a.m. Carried. Citizen of the Year Advisory Group Meeting June 11, 2007, Page 4 Committee of Adjustment Minutes 3 ~° Thursday June 21, 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. Adam Kozlowski, Secretary-Treasurer advised Committee that the owners of the subject property concerning Consent Application 2006-B-24 (Revised) had requested to have their hearing moved to the beginning of the meeting due to other obligations in the morning. Committee permitted said application to be heard first, at 9:30 am. 2. Disclosure of Pecuniary Interest Chairperson Bruce Chappell declared a Pecuniary Interest with respect to Consent Application 2007-B-16, and advised that he would exit the Council Chambers at the time of hearing. Committee of Adjustment-JUNE 21, 2007 Page 1 3. Hearings• 9:30 2006-B-24 Cathy & Michael MacVittie (Revised) Range 2, Part of Lot 3 978 Line 2 South (Former Township of Oro) In Attendance: Michael MacVittie Motion No. CA070621-1 BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Bruce Chappell i ,~ ~- - "Committee approve the inclusion of conditions 1 and 2 into the previous approved conditions, 3 to 8, for provisional consent for Application 2006-B-24: 1. That the Township receives a 2 metre (6.56 foot) conveyance of land, free and clear of all and any encumbrances, along the entirety of the frontage along line 2 South from the property being enlarged at Range 2, Part Lot 3, former Township of Oro, also known as 892 Line 2 South. The applicant shall pay all costs related to this condition, including any costs for surveying and/or any costs related to the preparation and/ or registration of any required municipal by-law related to the said conveyance; 2. That three copies of a Reference Plan of the enhanced lot, being 892 Line 2 South, including the 2 metre (6.56 foot) road widening to be conveyed to the Township of Oro-Medonte, be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer, 3. That the severed lands be merged in title with 892 Line 2 South and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 4. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That the applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 6. That the applicant apply for and obtain a rezoning on the severed and retained land to accurately reflect the residential land use; 7. That all municipal taxes be paid to the Township of Oro-Medonte; 8. 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-JUNE 21, 2007 Page 2 9:40 2007-A-11 Ron & Barb Mitchell ~ ~ _ ~ " Plan 709, lot 48 1166 Line 5 South (Former Township of Oro) In Attendance: Deirdre Lennon, agent for applicants Motion No. CA070621-2 BE IT RESOLVED that: Moved by Garry Potter, seconded by Michelle Lynch "Committee grant Variance Application 2007-A-11 subject to the following conditions: 1. The proposed dwelling and covered porch shall be setback no closer than 1.6 metres {5.2 feet) from the interior side lot lines and 3.0 meters (9.8 feet) from the rear lot line; 2. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted with the application dated May 22, 2007 and approved by the Committee; 3. 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; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. ...Carried." Committee of Adjustment-JUNE 21, 2007 Page 3 9:50 2007-A-12 Daphne Laird ~ 1.1 Plan 798, Part of lots 52 & 53 60 Lakeshore Road East (Former Township of Oro) In Attendance: Daphne Laird, Jack Andrews, applicants Motion No. CA070621-3 BE IT RESOLVED that: Moved by Garry Potter, seconded by Rick Webster "Committee Approve Variance application 2007-A-12 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 the proposed deck shall be no closer than 4.6 m (15 ft) from the exterior side lot line; 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketches submitted with the application dated May 31, 2007 and approved by the Committee. .....Carried." Committee of Adjustment-JUNE 21, 2007 Page 4 10:00 2007-A-13 Ronald Russell ~y Plan M112, Lot 31 (Former Township of Medonte) In Attendance: Ronald Russell Adam Kozlowski, Secretary-Treasurer, read letter from Ron Russell dated May 24, 2007 verbatim to Committee and the audience. Motion No. CA070621-4 BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Bruce Chappell "Committee grant Variance Application 2007-A-13. Carried". Committee of Adjustment-JUNE 21, 2007 Page 5 10:10 2007-B-15 Charles Ivey ~ ~'~ ~ ~°' Pt. Lot 6, Concession 5 2639 Line 4 North (Former Township of Oro) In Attendance: Andria Leigh, MHBC Planning, agent for applicant Adam Kozlowski, Secretary-Treasurer, read letter from Robert 8 Madeline Southorn, Marcy Gannon (objection to application) dated June 21, 2007 and; Joyce Bidwell (objection to application) dated June 20, 2007 and; Charles Sheardown (objection to application) dated June 20, 2007 verbatim to Committee and the audience. Bob Drury (objection to application) and; John Coleman (objection to application) and; Trish Coleman (objection to application) and; Jim Grey (objection to application) and; Dennis French (objection to application) made oral presentation to Committee. Motion No. CA070621- 5 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Garry Potter "Committee defer Consent Application 2007-8-15 for the applicant to provide additional information with respect to the title and severance history of the subject property. Defeated". Motion No. CA070621-6 BE IT RESOLVED that: Moved by Rick Webster, seconded by Michelle Lynch "Committee Refuse Consent Application 2007-8-15 on the basis that the application does not conform to the Township Official Plan. Carried". Committee of Adjustment-JUNE 21, 2007 Page 6 10:20 2007-B-16 Moss Developments ti r? Concession 2, Pt. Lot 11 ~- 95 Line 1 North (Former Township of Oro) In Attendance: Andria Leigh, MHBC Planning, agent for applicant Member Bruce Chappell declared a Pecuniary Interest and exited the Council Chambers. Adam Kozlowski, Secretary-Treasurer, read letter from Rachelle Hamelin, Planner II, County of Simcoe dated June 14, 2007 and; Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority dated June 19, 2007 verbatim to Committee and the audience. Motion No. CA070621- 7 BE IT RESOLVED that: Moved by Garry Potter, seconded by Rick Webster "Committee grant provisional consent to Application 2007-B-16 subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-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 pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution, and that the $2,000.00 cash-in-lieu be credited back to the owner at the time of Draft Plan Registration; 4. That the applicant pay a Development Charges Fee in the amount of $4,749.95 (By-law 2004-082) to the Township; 5. That the applicant submit a revised Draft Plan of Subdivision to reflect the necessary changes as a result of this consent, to the satisfaction of the Township; 6. That the applicant provide an undertaking that the Subdivision Agreement for "Country Lane Estates" be registered against the severed lot; 7. That all municipal taxes be paid to the Township of Oro-Medonte; 8. 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-JUNE 21, 2007 Page 7 10:30 2007-8-17 Ron McGowan ~ ~ Range 2, Lots 1 & 2 2243 Ridge Road West (Former Township of Oro) In Attendance: Andria Leigh, MHBC Planning, agent for applicant Adam Kozlowski, Secretary-Treasurer, received letter signed by Tim Crooks, Sue Benjafield, Stan & Brenda Glazer, Jim. Swan, Suzanna Robillard & Peter Lamprey (objection to application). Tim Crooks (objection to application) and; Catherine Nixon (objection to application) and; Mary Jane Sargeant (objection to application) made oral presentation to Committee. Motion No. CA070621-8 BE IT RESOLVED that: Moved by Garry Potter, seconded by Michelle Lynch "Committee defer Application 2007-8-17 until such time that the applicant provides further information with respect to environmental and drainage concerns, and until such time that comments are received from the Lake Simcoe Region Conservation Authority with respect to the proposed severance. Carried". Committee of Adjustment-JUNE 21, 2007 Page 8 ~ `> r °~ "`~ 10:40 2006-A-22 Jerome & Linda Cunningham (Revised) Plan 535, Lot 11 2 Nevis Ridge Road (Former Township of Oro) In Attendance: Jerome Cunningham, applicant Motion No. CA070621-9 BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Bruce Chappell "Committee approve Revised Variance Application 2006-A-22 as subject to the conditions imposed by Committee on September 14, 2006, save and except for the following REVISED conditions: 9. That the proposed detached garage be located no closer than 11.4 metres from the front lot line, Jermey Lane, in accordance with the letter and sketch submitted by Dearden & Stanton, OLS; 10.That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the detached garage be no closer than 11.4 metres from the front lot line and that the height of the detached garage not exceed 5.2 metres; Carried". Committee of Adjustment-JUNE 21, 2007 Page 9 1 ~ ~ 4. Other Business Adoption of Minutes from May 17, 2007 Committee of Adjustment Hearing Motion No. CA070621- 10 BE IT RESOLVED that: Moved by Rick Webster, Seconded by Michelle Lynch "That the minutes for the May 17, 2007 Committee of Adjustment Meeting be adopted as printed and circulated ...Carried." 5. Adjournment Motion No. CA070621-11 BE IT RESOLVED that: Moved by Bruce Chappell, Seconded by Michelle Lynch "We do now adjourn at 1:00 pm ... Carried." (NOTE: A digital recording of this meeting is available for review.) Chairperson Lynda Aiken Secretary-Treasurer Adam Kozlowski Committee of Adjustment-JUNE 21, 2007 Page t0 ~.. .~~...~ ----- Original Message ----- From: Frank Daulbv To: harry hughes@oro-medonte ca Cc: mel.coutanche@oro-medonte.ca Sent: Friday, June 22, 2007 11:55 AM Subject: Unsafe driving conditions Mayor Harry Hughes Oro-Medonte Twp. Dear Sir: Re: Unsafe driving conditions on the gravel hill at 4575 Line 8 N in junction with Mt. St. Louis road. This gravel hill washes out with each rain storm and steadily deteriorates with upgrade traffic until the washboard surface forces drivers to drive in the opposing Inne. As you are about to resume paving Mt. St. Louis road, may I suggest you pave this hill down to Mt. St. Louis road a distance of approximately 800 ft. The paving application would ovoid the possibility of a head on collision Thank you Frank Daulby 4575 Line 8 N RR 4 Coldwater, Ont LOKI EO ,e1:835-2259 C: councilor Mel Coutanche 6/22/2007 05/22/2007 08: a1 705a2a2367 ESSA PAGE 01/01 ;~ {,i 4 ii~ ~. J ~/ Corpororion of the Township of Essa 5786 Simcoe Cy. Rd. #21 Utopia, Essa Township, Ontario lOM 1 TO Telephone: (705) 424-9770 Fax: 17051d2d-2357 Web Site: www.essarownship.on.ca 17 May 200 ~ ~ Glen Knox, County Clerk County of Simcoe Administration Centre 1110 Highway 26 MIDHURST, Ontazio LOL 1X0 Dear Mr. Knox: Re: Appointment of an Integrity Commissioner Under provisions of Bill 130, the Municipal Statute Law Amendment Act, Councils may appoint an [ntegrity Commissioner who would be responsible to oversee the application of a Code of Conduct and other policies governing Council's actions. For the sake of consistency and standardization throughout Simcoe County, the following Resolution was passed at the Council meeting of 16 May 200'7: WHEREAS Bilt 130 amends Section 239 of the Municipal Act, 2001, providing that a municipality mrry appoint an independent investigator to determine whether the rules under Section 239 for closed meetings have been complied with, effective January 1, 2007; and WHEREAS every municipality is encouraged to appoint an investigator prior to the request for an investigation by a resident, saving that the Province of Ontario may appoint an Ombudsman to conduct the investigation tf no such Investigator has bee» appointed; NOW THEREFORE BE IT RESOLVED THAT The Township of Essa requests that the Counry of Simcoe appoint an Integrity Commissioner for all municipalities within its jurisdiction in the event that any person requests an investigation of a council, local board or committee; and That this resolution be circulated to all Simcoe County municipalities for their support. Please do not hesitate to contact the undersigned should you have any questions. Xours truly, Carol O. Trainor, A.M.C.T. Clerk /Deputy Treasurer ec: All Simcoe Counry Municipalities Where Town and Gountty Meet ~~~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-069 A By-law to Provide for Remuneration and Expenses for Members of Council and Council's Appointees to Local Boards and Committees/Technical Support Groups, and Expenses for Employees, and to Repeal By-law Nos. 2004-124, 2005-059, 2005-107 and 2007-020 WHEREAS Section 283 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the municipality may pay any part of the remuneration and expenses of the Members of Council of the municipality and of the officers and employees of the municipality; AND WHEREAS Council deems it expedient to pass a By-law to provide for the remuneration and expenses of Members of Council and Council's Appointees to Local Boards and Commitiees/Technical Support Groups and for expenses for employees; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That Schedules "A", "B" and "C" appended hereto from part of this ey-law. 2. That By-law Nos. 2004-124, 2005-059, 2005-107 and 2007-020 are hereby repealed. 3. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 27T" DAY OF JUNE, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin l l~ P "- Schedule "A" to By-law No. 2007-069 for The Corporation of the Township of Oro-Medonte REMUNERATION OF COUNCIL MEMBERS 1. The annual remuneration for Members of Council for 2007 shall be: Mayor $ 23,974.00 Deputy Mayor $ 18;532.00 Councillors $ 13,739.80 2. That the annual remuneration for Members of Council shall be subject to an annual escalation factor of the lessor of: • The annual rate of inflation being the increase in the Consumer Price Index (CPI) for the prior year; or The cost of living adjustment stipulated for the current year in the collective agreement 3. Members of Council shall receive, in addition to their annual remuneration, per diem payments as follows: • $ 75.00 for each half day or evening meeting • $ 150.00 for each full day meeting 4. The per diem stipulated in Section 3 shall apply to the tollowing, but exclude Regular meetings of Council: a.t Attendance at Committee of the Whole meetings and Special meetings of Council 4.2 Attendance at meetings of local boards, committees/technical support groups or special Ad-Hoc committees to which the Member of Council has been appointed by resolution of Council a.3 Attendance at conferences, conventions and seminars as authorized by resolution of Council 4.a Attendance at special meetings required for a specific purpose relative to municipal business and authorized by resolution of Council 4.5 Attendance by the Mayor, or his/her designate, at business functions as representatives of the municipality, including the Mayor in his/her capacity as ex-officio, or his/her designate, in an ex-officio capacity 4.6 Attendance at non-committee/technical support group meetings where the Members of Council's attendance has been authorized by resolution of Council 5. When a Member of Council has been appointed by resolution of Council to a local board, regulatory body or committee which compensates its members directly, the Member of Council shall be entitled to the difference, if any, in compensation and expenses received from the local board, regulatory body or committee and the amounts of compensation and expenses stipulated in this by- law. Schedule "B°' ~ A, ~ ~` to By-law No. 2007-069 for The Corporation of the Township of Oro-Medonte REMUNERATION OF PUBLIC MEMBERS OF LOCAL BOARDS & COMMITTEES/TECHNICAL SUPPORT GROUPS The Public Members of the: • Planning Advisory Committee • Recreation Technical Support Group • Accessibility Advisory Committee • Site Plan Control Technical Support Group shall receive per diem payments as follows: • $ 40.00 for each half day or evening meeting • $ 80.00 for each full day meeting 2. The Public Members of the Committee of Adjustment shall receive per diem payments as follows: • $ 75.00 for each half day or evening meeting • $ 150.00 for each full day meeting 3. The per diem stipulated in Sections 1 and 2 of this Schedule shall apply to the following: • attendance at meetings of the local board or committee • attendance at conferences, conventions and seminars as authorized by resolution of Council • attendance ai special meetings required for a specific purpose relative to municipal business and authorized by resolution of Council 4. The above remuneration and per-kilometer payments shall be paid on a semi- annual basis, upon submission of a statement approved by the Treasurer. ~. Schedule "C" ~ ~* ~~ to By-law No. 2007-069 for The Corporation of the Township of Oro-Medonte EXPENSES FOR MEMBERS OF COUNCIL COUNCIL'S APPOINTEES TO LOCAL BOARDS & COMMITTEES AND EMPLOYEES PER KILOMETER PAYMENTS t.t The municipality shall compensate Members of Council, Council's Appointees to Local Boards & Committees/Technical Support Groups and employees at the rate of $.40 per kilometer for the use of non-township owned vehicles. 1.2 Members of Council shall receive aper-kilometer payment for travel from their residence and back to attend meetings, conferences, conventions and seminars stipulated in Section 4 of Schedule "A". t.3 Members of local boards & committees/technical support groups shall receive a per-kilometer payment for travel from their residence & back to attend meetings, conferences, conventions and seminars stipulated in Section 3 of Schedule "B". 1.4 Township employees shall receive aper-kilometer payment for each kilometer driven in anon-township owned vehicle while on Township business. 2. LUNCHEON & DINNER MEETINGS 2.t The municipality shall be responsible for the cost of Council or Committee luncheon/dinner meetings when such meetings are called by Council or the Committee concerned. 2.2 Council members and Senior Staff shall have the discretion to invite visitors for lunch or dinner in connection with Township business and such expense shall be borne by the Township. 3. CONFERENCES, CONVENTIONS, SEMINARS AND MEETINGS 3.1 Attendance at conferences, conventions, seminars and meetings shall be pre- authorized by Council resolution or in accordance with Township policy. 3.2 The following expenses shall be paid: i) Hotel/Motel accommodation -actual cost ii) Parking -actual cost iii) Registration -actual cost iv Meals and incidental expenses -actual cost to a maximum of $100/day v) The municipality will provide registration for a double room, when a spouse is attending an approved conference, convention or seminar. 4. ADVANCES 4.1 The Treasurer shall have the authority to furnish advances to meet estimated expenses for those authorized to attend conferences, conventions and seminars. 5. EXPENSE STATEMENTS 5.1 Statements for expenses shall be submitted to the Treasurer for actual cost of items in a form recommended by the Treasurer. ~`~ ~` t THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-070 Being a By-law to Appoint Building Inspectors/By-law Enforcement Officers And to Repeal By-law Nos. 2006-052, 2006-073, 2007-028 and 2007-052 WHEREAS the Building Code Aci, 1992, S.O. 1992, Chapter 23 provides that Councils shall by By-law appoint such inspectors as are necessary for the purposes of the enforcement of the Act; AND WHEREAS the Municipal Act 2001, S.O. 2001, c. 25, Section 224, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; ANO WHEREAS the Council of the Corporation of the Township of Oro-Medonte does now find it expedient to appoint Building Inspectors/By-law Enforcement Officers to implement the decisions of Council; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: a) That the employees of the Corporation of the Township of Oro-Medonte outlined on Schedule "A", attached hereto and forming part of this by-law, be appointed Building Inspector / By-law Enforcement Officer; b) That the employees of the Corporation of the Township of Oro-Medonte outlined on Schedule "B", attached hereto and forming part of this by-law, be appointed By-law Enforcement Officer. 2. That employees of the Corporation of the Township of Oro-Medonte as designated by the Chief By-law Enforcement Officer/Chief Building Official are appointed By-law Enforcement Officers for the purpose of parking infractions. 3. Thai the duties and responsibilities shall be performed and carried out as provided for within the respective job descriptions. 4. That By-law Nos. 2006-052, 2006-073, 2007-028 and 2007-052 are hereby repealed in their entirety. 5. That this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 27T" DAY OF JUNE, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin } ~, '~~ Schedule "A" to By-law No. 2007-070 for The Corporation of the Township of Oro-Medonte Building Inspector / By-law Enforcement Officer Michael P. Diver Kim AIIen Brian Bell Scott Cowden Randy Dunsmore Paul Holland Sherri-Lynn Moore Jerry Bruce Bernie Mayer Hamid Emani Curt Harrison Doug MacDonald Jacob Steenhof i~~~n~ Schedule "B" y '~ to By-law No. 2007-070 for The Corporation of the Township of Oro-Medonte By-law Enforcement Officer Brendan Burke Rory Webster ~: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-073 A By-law to Appoint an Acting Chief Administrative Officer WHEREAS the Municipal Aci, 2001, S.O. 2001, c. 25, Section 229, as amended, provides that the municipality may appoint a Chief Administrative Officer; AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, Section 224, as amended, provides that the role of Council is to ensure that the administrative practices are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte does now find it expedient to appoint an Acting Chief Administrative Officer; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That, in the absence of the Chief Administrative Officer, or when the office of the Chief Administrative Officer is vacant, the Treasurer of The Corporation of the Township of Oro-Medonte is hereby appointed as Acting Chief Administrative Officer; 2. That the duties and responsibilities associated with this appointment be carried out as provided for within the respective job descriptions; 3. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 271H DAY OF JUNE, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin ~'~? THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-074 A By-law to Provide for Permit Parking on Highways and Other Designated Areas within the Township of Oro-Medonte WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that glower-tier municipality may pass by-laws respecting highways, including parking and traffic on highways and respecting parking, except on highways; AND WHEREAS Section 27 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states a municipality may pass by-laws in respect of a highway only if it has jurisdiction over the highway; AND WHEREAS Sections 63 and 101 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provide far the removal and impounding or restraining and immobilizing of any vehicle placed, stopped, standing or parked in contravention of the by-law; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it expedient to provide for permit parking on highways and other designated areas within the Township of Oro-Medonte; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. DEFINITIONS 1.1 The meaning ascribed to any term defined insub-section 1 of Section 1 of the Highway Traffic Act, R.S.O. 1990, Chapter H.B, as amended, are the meanings of that term as used in this by-law, unless that term is otherwise defined in this by-law. 1.2 "Authorized Sign" means a sign or other device placed or erected on a highway or elsewhere pursuant to the provisions of this by-law. 1.3 "Council" means the Council of The Corporation of the Township of Oro- Medonte. 1.4 "Driveway" means improved land on a highway which provides vehicular access from the roadway to a laneway or a parking area on adjacent lands. 1.5 "Municipality" means The Corporation of the Township of Oro-Medonte. 1.6 "Non-resident" means an individual who does not either reside or rents/owns property within the boundaries of the Township. 1.7 "Permit" means a permit to park a motor vehicle in the locations identified in Schedule "A" of this by-law. 1.8 "Resident" means an individual who resides or rents/owns property within the boundaries of the Township. 1.9 "Township" means the Township of Oro-Medonte. 1.10 "Vehicle' includes a motor vehicle, trailer, commercial motor vehicle, an automobile, motorcycle, motor assisted bicycle, a motorized snow vehicle, and any other vehicle propelled or driven otherwise than by muscular power. ~~ --_ 2. GENERAL REGULATIONS 2.1 The Public Works Superintendent for the Township, or designate, shall have authority to place or erect and to maintain such authorized signs as are require to give effect to the provisions of this by-law. 2.2 No person shall place, maintain or display on any highway, or other designated area, any sign, marking or device which purports to be, or is an imitation of, or resembles an authorized sign or which conceals from view or interferes with the effectiveness of an authorized sign. 2.3 This by-law applies to highways forming part of the road system under the jurisdiction of the municipality, and other designated areas as defined in Schedules "A" and "B". 2.4 If compliance therewith be impractical, the provisions of this by-law shall not apply to: 2.4.1. ambulances, police, fire department, or public utility emergency vehicles; or, 2.4.2. vehicles actually engaged in works undertaken for, or on behalf of the municipality. 3. PERMIT PARKING 3.1 Permits for the parking of motor vehicles are hereby authorized and assigned as the Council of the Corporation of the Township of Oro-Medonte may hereafter designate for the locations specified in Schedules "A" and "B" of this by-law. 3.2 Permits shall be issued to residents, at no charge, through the Township Administration Office. Such permits will allow the holder to park in the locations specified in Schedules "A" and "B" of this by-law, provided that all other provisions of this by-law are complied with. 3.3 Permits may be purchased, on a daily basis, by non-residents, for a fee as specified in the Township Fees and Charges by-law. Permits purchased by non-residents will allow the holder to park in the locations specified in Schedule "B" of this by-law, provided that all other provisions of this by-law are complied with. 3.4 While a motor vehicle is parked pursuant to a permit issued under this by- law, the permit shall be placed on or affixed to the motor vehicle, to be openly displayed and clearly visible. 3.5 Vehicles shall not park in the designated areas during periods of road maintenance or snow removal. 3.6 When authorized signs have been erected, no person shall park or stop a vehicle or permit a vehicle to remain parked in any location identified in Schedules "A" and "B" of this by-law unless a parking permit has been issued and is appropriately display in accordance with the provisions of this by-law. a. OFFENCES: 4.1 Every person who contravenes any Provision of this by-law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33, and every such fine is recoverable under the Provincial Offences Act. i, 4.2 The owner of a vehicle may be charged with and convicted of an offence under this by-law for which the driver or the vehicle is subject to be charged and on conviction the owner is liable to the penalty prescribed or provided for the offence, unless, ai the time of the offence, the vehicle was in possession of some person other than the owner without the owner's consent. 4.3 If any court of competent jurisdiction finds that any of the provisions of this by-law are ultra vires the jurisdiction of Council, or are invalid for a reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the by-law which shall remain in full force and effect. This By-law shall be enforced by the By-law Enforcement Department and/or its Agents. 5. IMPOUND VEHICLE 5.1 Notwithstanding any other penalty imposed by this by-law, the Township may have the vehicle towed away and impounded at the owner's expense pursuant to Section 170 of the Highway Traffic Act, R.S.O. 1990, Chapter R. B, as amended. 5.2 All towing and impounding charges incurred shall became a lien against the vehicle and enforced in accordance with the Repair and Storage Liens Act, R. S.O. 1990, Chapter R.25, as amended. 6. ENACTMENT: 6.1 That Schedules "A" and "B" attached hereto shall form part of this By-law; 6.2 This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 27T" DAY OF JUNE, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin 5y ~"sY ( ~. '; `"i .,' Schedule "A" to Bylaw No. 2007-074 for The Corporation of the Township of Oro-Medonte PERMIT PARKING -HIGHWAYS The provisions of this by-law shall be in force and effect for the locations identified on Saturdays, Sundays, Victoria Day, Canada Day, Civic Holiday and Labour Day, or any other day recognized in lieu of a statutory holiday, for the period commencing Victoria Day weekend to Labour Day weekend inclusive, in each year. LOCATION FROM TO Kirkpatrick Street (both sides) Tudhope Blvd. (both sides) Tudhope Blvd. (both sides) Rail Trail Drive (both sides) Springhome Road (both sides) Memorial Crescent (both sides) Indian Road (both sides) Lakeshore Road E Lakeshore Road E Kirkpatrick Street Tudhope Blvd. Rail Trail Drive Lakeshore Road E Memorial Crescent Tudhope Blvd. Kirkpatrick Street Rail Trail Drive Springhome Road Kirkpatrick Street Lakeshore Road E Memorial Crescent Schedule "B" to By-law No. 2007-074 for The Corporation of the Township of Oro-Medonte PERMIT PARKING -OTHER DESIGNATED AREAS The provisions of this bylaw shall be in force and effect for the locations identified on Saturdays, Sundays, Victoria Day, Canada Day, Civic Holiday and Labour Day, or any other day recognized in lieu of a statutory holiday, for the period commencing Victoria Day weekend to Labour Day weekend inclusive, in each year. LOCATION AREA Bayview Memorial Park Designated areas on the property ~ ®Municipal WOrltl'-Form 11201 T/(r Oralmge An, R.5.0. 1990,wT.6,cg • Reg. t.M, i. Cuwd+, Mun:npal WOAd R.R.O. 199D. Reg. 1032, Form I I 1~~~- RATING BY-LAW THE CORPORATION OF THE TOWNSHIP OE ORO-MEDONTE BY-LAW NUMBER 2007-075 A by-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Aci. WHEREAS owners of land in the municipality have applied to the Council under the Tile Drainage Act for loans for the purpose of constructing subsurface drainage works on such land; AND WHEREAS the Council has, upon their application, lent the owners the total sum of g 36., 400..QQ , , to be repaid with interest by means of rates hereinafter imposed; BE IT THEREFORE ENACTED by the Council: 1. That annual rates as set out in Schedule 'A' attached hereto are hereby imposed upon such land as described for a period of ten years, such rates to be levied and collected in the same manner as taxes. Passed this .27th ....day of , . June ....................... X9 .2007. . Mayor, H. S. Hughes/ Head of Council Corpwat8 Seai J. Douglas Irwin /Clerk as :o _a ~ mEw .o ~- c~ ~ c ~ C o m v~ 0 m 0 o 0 0 ,$ w o 0 0 0 o a a ~ N ~ ~ ~~ w .! Q F O H O O O N S! V o N o E z .a .c 3 G - 3 j, o m F 0 ~ Q ~_ o w J O .ro w o U n N 0 U s F- s a3 € '"s LL .4' I~ as U ~f uF ,~~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-076 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Tang Fen Wong and Richard Wong (as Joint Tenants) described as lands as follows: Part of the West Pt. of Lot 1 and Part of lot 2, Range 2 Being Parts 2, 3 and 4, 51 R-3530 Except Parts 1, 2 and 3, 51 R-30656 Being all of PIN #58555-0090 (Lt) Roll#4346-010-007-09300-0000 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 27T" DAY OF JUNE, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin 1s i n E °; APPENDIX "A" to By-Law No. 2007-076 SITE PLAN AGREEMENT -between - TANG FEN WONG -and - RICHARD WONG (AS JOINT TENANTS) -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LAND Part of the West Pt. of Lot 1 and Part of Lot 2, Range 2 Being Parts 2, 3 and 4, 51 R-3530 Except Parts 1, 2 and 3, 51 R-30656 Being all of PIN #58555-0090 (Lt) Roll#4346-010-007-09300-0000 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE June, 2007 By-Law No. 2007-076 €y 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 z I~{ -U SITE PLAN CONTROL. AGREEMENT This Agreement made, in quadruplicate, this day of 2007, in accordance with Section 41 of the Planning Act. BETWEEN : TANG FEN WONG AND RICHARD WONG (AS JOINT TENANTS) Hereinafter called the "Owners" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owners have applied to the Township of Oro-Medonte to permit a 0.4 hectare building envelope, with a six (6) metre "no cut" visual buffer along Range Road, on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owners intend to develop the lands in accordance with the Site Plan attached hereto as Schedule "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 OWNERS The Owners covenant and agree as follows: a) The Owners own the subject lands described in Schedule "A", attached hereto, and have provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owners shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owners shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. The Owners shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owners acknowledge and agree that the Owners shall be responsible for the cost of performance of all the Owners' obligations hereunder, unless the context otherwise. requires. Every provision of this Agreement, by which the Owners are obligated in any way, shall be deemed to include the words "at the expense of the Owners", unless spec'rfically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000.00. The Owners shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owners shall have delivered to the Township, all TransferslDeeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owners' solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owners agree that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 0.4 hectare building envelope, with a six (6) metre "no cut" visual buffer along Range Road, described on the Site Plan. b} That the Township agrees that subject to compliance by the Owners with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owners may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owners shall be on and subject to the following terms and conditions: `~ I a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) ~ighting 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 Owners agree to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbage Storage The Owners agree to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. Landscaping The Owners shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g) Erosion and Siltation Control The Owners must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owners agree to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owners will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owners arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owners' Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owners, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owners, under the terms of this Agreement. e) Upon written notification by the Owners' agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owners' obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owners under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owners for the performance of its covenants and agreements herein, and upon default on the part of the Owners hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. The Owners consent to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owners and agree to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effecfto the provisions of this Agreement § `4 ~ 8. 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 Owners, on behalf of itself, its successors and assigns, agree to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants orsub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED Owner: 'Tang Fen Wong 4 r"-~ ) Owner: Richard Wong The Corporation of the Township of Oro-Medonte per: H.S. Hughes, Mayor 1 J. Douglas Irwin, Clerk ~~ ;.. ~. _~. vi... ~ SCHEDULE"A" NOTE: It is understood and agreed that this Schedule farms part of the Site Plan Agreement between the Township of Oro-Medonte and Tang Feng Wong and Richard Wong. LEGAL DESCRIPTION OF LANDS Part of the West Pt. of Lot 1 and Part of Lot 2, Range 2, being Parts 2, 3 and 4, 51 R-3530, except Parts 1, 2 and 3, 51 R-30656, being all of PIN #58555-0090 (Lt), Roll #4346-010-007-09300.0000 f £ 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 Tang Feng Wong and Richard Wong. SITE PLAN Plan 51 R- prepared by C. T. Strongman Surveying Ltd. - D-1392 dated March 26, 2007. Azimuth Environmental Consulting Inc. -treed visual buffer report dated February 26, 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 Tang Feng Wong and Richard Wong. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owners. All documents to be registered shall be prior approved by the solicitor for the Township The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP NIA io 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 Tang Feng Wong and Richard Wong. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owners 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) tt ~ic~_ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-077 Being a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro-Medonte and Moon Point Corporation described as lands as follows: Part of Lots 15 and 16, Concession 3 (South Orillia) and Part of the Road Allowance between Lots 15 and 16, Concession 3 (South Orillia) (Closed by By- law NSO 14786, Confirmed by By-law NSO 14787 and Approved by By-law NSO 14788), Being Parts 1 and 2 on Plan 51 R-34471, Being all of PIN #58568-0046 (Lt) - Roll #4346-030-012-42700-0000, Township of Oro-Medonte, County of Simcoe. WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies being Part of Lots 15 and 16, Concession 3 (South Orillia) and Part of the Road Allowance between Lots 15 and 16, Concession 3 (South Orillia) (Closed by By-law NSO 14786, Confirmed by By- law NSO 14787 and Approved by By-law NSO 14788), Being Parts 1 and 2 on Plan 51 R-34471, Being all of PIN #58568-0046 (Lt) -Roll #4346-030-012-42700-0000, Township of Oro-Medonte, County of Simcoe. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A'. 2. That the Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A", be registered on title against the lands described therein; 3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Subdivision Agreement against the owners and any and all subsequent owners of the land; 4 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 27T" DAY OF JUNE, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin SUBDIVISION AGREEMENT -between - MOON POINT CORPORATION -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Part of Lots 15 and 16, Concession 3,(South Orillia) and Part of the Road Allowance Between Lots 15 and 16, Concession 3,(South Orillia) (Closed by ey-Law NSO 14786, Confirmed by By-Law NSO 14787 and approved by By-Law NSO 14788) Being Parts 1 &2 on Plan 51R-34471 Being all of Pin #58568-0046(Lt) Roll# 4346-030-012-42700-0000 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ~~ VqS /.. src ~= V By-Law No.2007- ipublic works/2005 subdivision agreements/standard subdivision agreement TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT TABLE OF CONTENTS Part 1 General Requirements Part 2 The Lands, Plans and Representations Part 3 Requirements Prior to Execution of Agreement Part 4 Pre-Construction Requirements Part 5 Financial Requirements Part 6 Staging or Phasing Part 7 Construction Requirements Part 8 Building Permits and Occupancy Part 9 Maintenance and Acceptance Part 10 Default Provisions Part 11 Miscellaneous SCHEDULES Schedule "A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule "E" - List of Lots Unsuitable for Building Purposes and/or List of Lots Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans 2 t n . ~~ TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the day of , 2007. BETWEEN: MOON POINT CORPORATION (hereinafter called the "Developer") OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Township") OF THE SECOND PART WHEREAS the lands affected by this Agreement are the lands described in Schedule "A" hereto annexed, and are also shown on the Plan df Subdivision attached to and forming par[ of this Agreement as Schedule "B" and collectively are herein referred to as the "said lands"; AND WHEREAS a Draft Plan with Conditions (2004•Sub-Ot) has been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements, financial and otherwise, of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: PART -1 ~ ,~ ;~ GENERAL REQUIREMENTS 1.1 DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ Engineers registered and in good standing with the Association of Professional Engineers of Ontarid: 1.1.1 To prepare designs in accordance with the Township of Oro- Medonte Engineering Standards and Drawings (dated October, 1997). 1.1.2 To prepare and furnish all required drawings and specifications. 1.1.3 To prepare the necessary contract(s) and provide contract administration. 1.1.4 To obtain the necessary approvals in conjunction with the Township, from the Township of Oro-Medonte sewage approval authority, Simcoe County District School Board and Simcoe Muskoka Catholic District School Board, and utility companies, or as a result of legislative or procedural change, the Ministries shall be deemed to be the Ministry of Municipal Affairs and Housing, as well as the Council of the Township of Oro-Medonte or the Chief Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1 and 8.2 1.1.5 To act as the Developer's representative in all matters pertaining to the subdivision. 1.1.6 To provide co-ordination in scheduling to comply with the timing provisions of this Agreement and the requirements of the Township Engineer, for all the work specified in this Agreement. 1.1.7 To provide supervision during construction of all the services. 1.1.8 To ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering practice. 1.1.9 To maintain records of construction, which shall be available for inspection ar copy by the Township. 1.1.10 To prepare final "as constructed" Aflylar drawings which will include the following with regard to provision of a digital Plan of Subdivision: Completed digital Plan of Subdivisions must be in AutoCAD 12 drawing format or DXF and be delivered on a 1.44 MB floppy diskette. Two copies of each Plan of Subdivision are required on separate diskettes. Each diskette must be labeled identifying the legal property description, developer's name, file name, and date delivered. PKZIP Release 2.04G may be used to perform file compression, if required. It is the Developer's responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into the digital submission. ~~ All line data depicting property boundaries must be mathematically closed to form polygons. The lines, which describe the boundary of all properties created within the Plan of Subdivision, will be isolated on a unique layer/level. In certain cases, some of the line segments will coincide with the location of concession lot lines, registered plan data, open roads, rivers, and lakes. PLAN OF SUB layer/level will outline the property boundaries in the form of enclosed polygons. LAYER/LEVEL PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW 2 The text, which describes the property lot numbers for the Plan of Subdivision, will be isolated on a unique layer/level. The lot number will be inserted as descriptive text. LAYER/LEVEL __ PL LT TEXT FONT MONOTEXT COLOUR YELLOW 2 The digital files should contain enough site data as to allow for horizontal and vertical positioning within the existing base mapping. A minimum of two road intersections located outside the Plan of Subdivision must be shown in the drawing. It is not necessary that the digital data be in Universal Transverse Mercator (UTM) co-ordinates since the registration process will automatically convert any unit grid to the "Ontario Base Mapping UTM Co-ordinate System". 1.1.11 To furnish the Township with a certificate with respect to each lot or building block for which a Building Permit application is made, certifying that the proposed construction is in conformity with the General Location and Lot Grading Plan or with an approved variation; (NOTE: That a Professional Engineer could also be retained to provide the afore-mentioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). 1.1.12 To prepare and provide the Township, for each lot or block within the plan, a certificate of final grade elevation, indicating that the property has been developed in conformity with the General Location and Lot Grading Plan or with an approved variation (NOTE: That a Professional Engineer could also be retained to provide the aforementioned and any costs incurred by the Township will be the responsibility of the Developer or individual lot owner). NOTE: In the case of lots built on after the sale or transfer by the Developer, the Township reserves the right to request a similar certificate, as required under 1.1.11 and 1.1.12, but it may be provided by a Professional Engineer, other than the Developer's Consulting Engineer. If the Township has their Engineer prepare the Certificate, the cost of the work will be deducted from the final occupancy and lot grading deposit and will become the responsibility of the individual lot owner. ~, 1.2 LEGAL NOTICE TO DEVELOPER '~ ' Any notice required to be given hereunder may be given. by registered mail addressed to the Developer at his principal place of business and shall be effective as of the date of the deposit thereof in the post office, as follows: Moon Point Corporation c/o Kevin L. Anderson, President The Tay Jak Group 6 Longford Court Whitby, Ontario L1R1C6 Or by Facsimile Transmission to: 905-665-2031 In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business: 1.3 The Developer consents to the registration of the Subdivision Agreement by the Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to the Developer. 1.4 In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 1.5 MORTGAGEE BECOMING DEVELOPER The mortgagee(s) hereby agrees that in the event of him/they becoming the Developer(s) of the lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall be deemed to be postponed to this Agreement and any lands registered in the name of the Township shall be free of the mortgage(s), and the mortgagee(s) agrees to register a discharge of the mortgages} on those lands if called upon by the Township, to do so, and he/they shall be subject to the terms of the Agreement as though he/they had executed this Agreement in the capacity of the Developer. 1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s) agrees that in the event of him assigning or transferring the mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms hereof, in the same manner as if the assignee or transferor has executed this Agreement. 1.7 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant good title in fee simple free and clear from all encumbrances unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township or to make a cash payment in lieu thereof, as prdvided by Section 51.1 of the Planning Act R.S.O. 1990 c.P.t 3 and required by the Township of Oro- Medonte. The Developer also agrees to certify good title to lands by the Developer's solicitor. The deeds for the said lands are to be approved by the t'ownship's Solicitor and thereafter, forthwith, registered and deposited with the Township Clerk. The Developer shall pay the cost for preparation and ~... . registration of the said deed. The Developer shall provide to the Township's solicitor, certification of good title, free and clear from all encumbrances. 1.8 EASEMENTS The Developer agrees to grant, at his expense, all such easements and rights-of-ways as may be required for the installation and supply of services to the subdivision and to deed lands to the Township, as set out in Schedule "G". The Developer also agrees to certify good title to easements and right-of-ways by the Developer's solicitor. Prior to executing this Agreement, all known easements shall be filed with the Township in a form approved by the Township's solicitor. A list of easements and rights-of-way shall be set out in Schedule "G" of this Agreement. 1.9 ELECTRICITY AND TELEPHONE Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the Township with a letter from the electricity supplier and from the telephone supplier, stating that the Developer has entered into a satisfactory agreement(s) with them with respect to the costs of installing underground wiring and financial contributions in this regard. The cost of any relocations or revisions to existing private companies' plant and equipment, which are necessary to accommodate this subdivision, shall be borne by the Developer. 1.10 SIMCOE COUNTY BOARDS OF EDUCATION. WARNING The Developer agrees to advise all prospective purchasers, renters and lessees that there are no schools planned within this subdivision, or within walking distance of it, and that enrolment within the designated Public and Catholic school sites in the community is not guaranteed; and that pupils may be transported to/accommodated in temporary facilities out of the neighbourhood schools' area. This clause is to be placed in any Offer or Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sdld or built upon for some time. 1.11 CANADA POST The Developer agrees to construct, if required, a site to the specifications and standards of Canada Post and the Township, as required for the construction of mailboxes by Canada Post. 1.12 TOWNSHIP OF ORO-MEDONTE The Developer and each individual lot owner, agrees to comply with the requirements and recommendations of the On-Site Sewage System Assessment Report prepared by Rural Development Consultants Limited dated January 2007 Each individual lot owner shall be required to install a Waterloo Biofilter tertiary treatment system with limestone as the leaching bed aggregate. The Developer and each individual lot owner, agrees to comply with the requirements and recommendations of the Demonstration Well Program Report prepared by Geo Kamp Limited dated May 7, 2007. 1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses,1.1.11, 1.1.12, Note of 1.1,1.10, 1.11,1.12,5.5,5.7.2,5.7.3,7.3,7.9,7.16,8.1,8.1.1,8.2,8.3,8.4,8.5,9.8,11.1, 11.2, 11.6,Schedule "E" and Schedule "F", to each prospective purchaser of a lot(s). 1.14 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed by the provisions of this Agreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Agreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.15 ENUREMENT This Agreement shall endure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. PART - 2 ';.' THE LANDS PLANS AND REPRESENTATIONS 2.7 2.2 2.3 SCOPE OF AGREEMENT DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule "A" hereto. PLAN REFERENCE For the purpose of this Agreement, references are made to the Plan of Subdivision, attached hereto, as Schedule "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval issued by the Township of Oro-Medonte, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules hereinafter referred to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within its design criteria including, without limiting the generality of the foregoing, the Drawings listed in Scfiedule "C" of this Agreement, along with the Storm Water Management Study prepared by Greenland International Consulting Ltd. dated May 11, 2007 Drawing No. Description 100 General Notes 101 General Plan 201 Existing Condition Drainage Map Map No. 3 By Greenland Consulting Engineers 202 Drainage Plan Map No. 4 By Greenland Consulting Engineers 203 External Drainage Area By Greenland Consulting Engineers 401 Plan & Profile -Moon Point Court STA. 0+000 to 0+170 q02 Plan & Profile-Moon Point Court STA. 0+170 to 0+364.65 403 Plan & Profile -Moon Point Drive 501 Grading Plan 601 Details & Sections 602 Details 603 Details 801 Tree Preservation, Shoreline Access, Sediment & Erosion Control Plan ~~ _~ 901 Composite Utility Plan 1001 Sample Site Plans -Lot 1,2 and Lot 3 1002 Sample Site Plans -Lot 4,5 and Lot 6 1003 Sample Site Plans -Lot 7,8 and Lot 9 1004 Sample Site Plans-Lot 10,11 and 12 1005 Sample Site Plans -Lot 13 and Lot 14 LP-2 Main Entrance Features LP-3 Main Entrance Features Planting Plan 51 M-Plan 2.4.3 All Plans and Specifications submitted td and accepted by: 2.4.3.1 Ministry of the Environment 2.4.3.2 Electrical Distribution Utility 2.4.3.3 Township of Oro-Medonte 2.4.3.4 Lake Simcoe Region Conservation Authority 2.4.3.5 County of Simcoe 2.4.3.6 Ministry of Citizenship, Culture and Recreation 2.4.4 All applicable Township By-Laws, including any applicable Site Plan Control By-Laws. 2.4.5 All applicable Provincial and Federal Legislation and also including the Federal Fisheries Act. 2.5 RELIANCE UPON REPRESENTATIONS The Developer acknowledges that: 2.5.1 It has made representation to the Township that it will complete all Municipal and other works required herein, in accordance with the Plans filed and accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance upon those representations. 2.6 SCHEDULES ATTACHED The following Schedules are attached to and form pan of this Agreement: Schedule "A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Pan of the Works 10 1 ~.~~ - Schedule "E" - List of Lots Unsuitable for Building Purposes and/or Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule "K" - Standard Township Letter of Credit 2.7 There shall be no changes in the Schedules attached hereto, or in any Plan accepted by the Township or others, unless such proposed changes have been submitted to, and approved by, the Township and the Township Engineer. ll PART-3 REQUIREMENTS PRIOR TO EXECUTIpN OF AGREEMENT 3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer shall: 3.1.1 Taxes -have paid all Township tax bills issued and outstanding against the said lands. 3.1.2 Deeds and Easements -have delivered td the Township all transfers/deeds, discharges and easements or other documents required by Schedule "G", as well as Certification from the Developer's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 3.1.3 Postponement Mortpaae/Charoe -file with the Township solicitor, for his approval, a postponement of Mortgage/Charge document. 3.1.4 Cash Deposits Development Charges and Security -have paid to the Township all cash deposits, development charges and security required by Schedules "D" and "F". 3.1.5 Construction/Enoineering Plans and Specifications -have supplied to the Township, those Plans and Specifications necessary to identify the construction/engineering aspects of the proposed development, and have received from the Township an acknowledgment of conformity with general design concepts of the Township. 3.1.6 Electricity -have supplied to the Township for approval, those plans necessary to identify the electrical distribution system, lighting requirements, and power supply to each lot or building or unit, as the case may be, and these are to be to the required Township standards, which includes underground wiring. 3.1.7 Insurance Certificate -file with the Township Clerk, an insurance certificate confirming those coverages specifically set out hereafter. 3.1.8 Consulting Engineer's Letter -ensure that each Consulting Engineer (who must be experienced in the field of Munidipal Services) for the Developer, file with the Township, a letter confirming the terms of his retainer, and which letter shall be in draft format supplied by the Township. 3.1.9 Utilities and Canada Post Confirmation -arrange for the Electrical Distribution Utility, Bell Telephone, the Natural Gas Utility, Cable T.V. and Canada Post, to write a letter to the Township Clerk confirming that: 3.1.9.1 They have been informed of the project and have seen the development plans. 3.1.9.2 Satisfactory arrangements have been made with them for servicing the subdivision without expense or obligation on the part of the Township. 3.1.9.3 Easement requirements, if any. 3.1.10 Land Ownership- be the registered owner in fee simple of the lands described in Schedule "A", and that there will be no encumbrances registered against the said lands. 3.1.11 Approvals -obtain and file with the Township, confirmation approvals from the following: 12 _' 3.1.11.1 Ministry of the Environment -^~ " ? °" 3.1.11.2 Electrical Distribution Utility 3.1.11.3 Township of Oro-Medonte 3.1.11.4 Lake Simcoe Region Conservation Authority 3.1.11.5 County of Simcoe 3.1.11.6 Ministry of Citizenship, Culture and Recreation 3.1.11.7 Simcoe County District School Board 3.1.11.8 Simcoe Muskoka Catholic District School Board 3.1.12 Lot Sizes -file with the Township, a certificate from an Ontario Land Surveyor confirming that the frontage and area of each lot meets the minimum requirements of the Township Zoning By-law. 3.1.13 Community Mail Boxes -file with the Township, a Plan showing the location of, and access to, community mail boxes. 3.1.14 Mylars -provide for registration, Mylars of all Plans incorporated into this Agreement as Schedules. 3.1.15 Fire Chief Approval -obtain an approval from the Fire Chiet of the Township confirming and approving of the proposed plans for fire protection, and specifying any hydrants, or other equipment, or appurtenances required. 13 ,, PART - 4 " ~~ `: . ~ ^- PRE-CONSTRUCTION REOUtF~EMENTS 4.1 Prior to starting construction of the subdivision works, the Developer shall: 4.1.1 Plan Registration Obtain final approval of the Plan from the Township of Oro-Medonte and obtain registration of the Plan. 4.1.2 Approval of Plans The Developer and the Engineers employed by him shall have the plans and specifications for the works approved by the Township Engineer prior to construction and the originals must be stamped as accepted by the Township Engineer. Submit and obtain the Township Engineer's approval of the following, all to be in accordance with the Township's approved Engineering Standards: the drainage plan; ii) the lot grading plan; iii) the service layout plan for Electrical, Telephone and Gas; iv) the road and sewer plans and profiles. 4.1.3 Certificate of Approval Submit to the Township, the Ministry of the Environment's Certificate of Approval for Storm Sewer Works, detention facilities and waterworks. 4.1.4 Contractor The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing; by the Township Engineer. The Township and Township Engineer are to be provided with the names and phone numbers of personnel responsible for the works, including emergency phone numbers. 4.1.5 Scheduling of Works Prior to the start of construction, the Developer shall supply for the Township Engineers, approval of a Schedule of Works, setting out the order in which he considers the various sections of the works within the Plan will be built. The Township Engineer may amend this Schedule and the Developer shall construct, install or perform the works as the Township Engineer, from time to time, may direct. Irt any event the Schedule, or amended Schedule, as the case may be, shall conform to the requirements of Clause 4.1.8. 4.1.6 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision: Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting therefrom. A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township Engineer and the to ~G~- tSRCA. Prior to any grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Engineer shall submit the Plan for approval by the Township Engineer and the LSRCA. The Plan shall detail the means whereby erosion and siltation and their effects will be minimized on the site during and after the construction period. The Developer agrees to carry out, or cause to be carried out, the work approved in the Plan, and such work will be certified, in writing, by the Developer's Engineer and provided to the Township Engineer and the LSRCA. The Developer agrees to maintain all erosion and siltation control devices in good repair in a manner satisfactory to the take Simcoe Region Conservation Authority. 4.1.7 Sians Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at each entrance to the subdivision, at a location approved by the Township Engineer, and the signs shall read as follows: "ROADS NOT ASSUMED BY TOWNSHIP -USE AT YOUR OWN RISK" The signs shall be painted either orange or yellow with black lettering. These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Maintenance and Final Acceptance (Aboveground Services). 4.1.8 Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48) hours written notice to the Township Engineer, of his intent to commence work. The Developer shall complete the works expeditiously and continuously for the first phase and all underground services shall be installed within one year of the day of registration of this Agreement, and all aboveground services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 7.11 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township Engineer. Subsequent phase shall be completed within a one (1) year time frame for underground services and two (2) years for aboveground services from date of commencement. Should for any reason there be a cessation or interruption of construction, the Developer shall provide forty-eight (48) hours written notice to the Township Engineer before work is resumed; If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either; a) Give notice to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or b) Give notice to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize on its security and proceed with the compldtion of construction, in accordance with the provisions of the Plans filed with the Township. 15 ~~P 4.2 BREACH pF AGREEMENT If the Developer commences or causes construction of the works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 10. 16 PART-5 '~~, •~• 4 FINANCIAL REQUIREMENTS 5.1 Every provision of this Agreement, by which the Developer is obligated in any way, shall be deemed to include the words "at the expense of the Developer" unless specifically stated otherwise. 5.2 TOWNSHIP'S LEGAL PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and Planner for all costs involved in processing the subdivision and of the Township's Engineer for checking of plans and specifications and inspection on behalf of the Township. The inspection by the Township will depend on the type of construction and the amount provided will be deemed necessary by the Township. In this regard, the Developer agrees to pay to the Township, the sum of Ten Thousand Dollars [INSERT AMT -OBTAIN FROM TWP] ($10,000.00 )upon submitting a Plan to the Township for consideration to be applied to account of such costs. As accounts are received from the Township Planner, lawyer and Engineer, they will 6e paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days, so that the initial deposit will again be built up to enable the Township to pay the next accounts as they are received. In the event that the deposit is drawn down to a level of Five Thousand Dollars ($5,000), or less; and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer would be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. 5.3 DEVELOPER'S LIABILITIES Until the Township has issued the Certificate of Maintenance and Final Acceptance for the works, the Developer shall indemnify the Township against all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Plan, and the Township shall not be deemed to be the Developer. 5.4 UTILITY COSTS AND CHARGES The Developer shall deal directly with all Utility companies. He or his Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Maintenance and Final Acceptance (Aboveground Services) is issued. If an additional electrical service is required for Township purposes, the Developer shall include the cost of installation arid maintenance of the service. 5.5 DEVELOPMENT CHARGES REAL PROPERTY TAXES AND OTHER LEVIES AND IMPOSTS a) Development charges and education development charges shall be payable on a per-lot basis, prior to the issuance of the first Building Permit with respect to the particular lot. b) The Developer agrees to pay for all arrears of taxes or other Township or provincial charges, taxes or levies outstanding against the property herein described before the approval of the said Plan is obtained. The Developer further undertakes and agrees to pay taxes levied on the said lands, on the basis and in accordance with assessment and collector's roll entries until such time as the lands herein being subdivided have been assessed and entered on the Collector's Roll according to the Registered Plan. 17 ~ ~' c) Before the Plan is approved, the Developer agrees to commute and pay the Township's share of any charges made under the Drainage Act and the Municipal Act 2001 S.O.2001, c.25 at present serving this property and assessed against it. These charges are set out in Schedule "F" of this Agreement. NOTE: In addition to the Municipal Development Charges, the lots may be subject to County development charges and applicable development charges of any Public Utility. 5.6 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one-hundred perdent (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 "K" with an automatic renewal clause, in the amount of one huhdred percent {100%) of the estimated costs of the said works, as set out in Schedule "D" 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, three (3) months prior to expiration. Unless the Letter of Credit is renewed, as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the letter of Credit until a satisfactory Letter(s) of Credit is received by the Township. c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of the works, as set out ih Schedule "D", will be reviewed and updated by the Township Engineer oh each anniversary of the date of execution of this Agreement. In the event of an increase, the Developer shall provide additional security, as requited by the Township Engineer, within thirty (30) days of notice, by registered mail, from the Township Engineer. In the event that the Developer fails to deliver to the Township the additional security as required by the Township Engineer, it is hereby understood and agreed that the Developer be deemed to be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Developer'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. In the event that the tendered contract price for the Township services set out in Schedule "D" is greater by 10% than the estimates in the said Schedules, then the security provided for above shall be increased to an amount equal to the tendered contract price. is x ~~''~. ~ d) Application -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 Developer, including, without limiting the generality of the foregoing, payment of Engineering, legal, Planning, and Development Charges, or other costs incurred by the Township, which are the responsibility of the Developer under the terms of this Subdivision Agreement, as well as development charges and costs to acquire lands or interest therein. e) Default - if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township (its servants, agents or sub-contractors) shall, if the Township so elects, have the right and privilege at all times to enter upon the said lands for the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement. f) Exceeding Cost Estimates - if the costs of completing such work or service exceeds the amount of security held by the Township, such excess shall be paid by the Developer to the Township, thirty (30) days after invoicing by the Township. All overdue accounts shall bear interest at the rate of 12% per annum. g) Save Harmless -the Developer, 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 df 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. h) Construction Lien Act - if the Township becomes obligated to make any payments, or pay any costs under the prdvisions of Section 17(4) of the Construction Lien Act, this will constitute a default and entitle the Township to realize upon its security. Surplus Funds - in the event that the Township cashes a Letter of Credit to complete Township services or satisfy any obligations under this Agreement, any surplus monies that remain after this work is completed shall, upon full compliance by the Developer with the terms of this Agreement, be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 5.7 DISCHARGE OF SECURITIES 5.7.1 Estimated Cost of Works -after the completion of fifty percent (50%) of the services based on the total estimated cost of works in the subdivision or in an approved stage of the subdivision, and provided the Developer is in compliance with all aspects of the Subdivision Agreement, the Developer shall, as the work further proceeds to completion, have the privilege, on application to the Township and upon certification of the Township Engineer, of obtaining reductions of the dash or Letter of Credit deposited for the installation of the services, in increments of not less than ten percent (10%). Upon application for reduction of the securities, the Developer's Engineer shall provide an estimate of the cost to complete the work. This amount, when approved by the Township Engineer, shall be retained along with twenty percent (20%) of the completed work estimate and the remainder released. A further ten percent (10%) of the completed work 19 11 ~ '~ .. estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. 5.7.2 Final Occuoancy and Lot Grading Deoosit -the Developer shall deposit with the Township, the required Final Occupancy and Lot Grading Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the property has been developed in conformity with the General Location and Lot Grading Plan by a certified Engineer and approved by the Township Engineer, the balance of the deposit shall be returned. 5.7.3 Preservation of Existing Veoetation Outside Driveway Buildino Envelope. Access and View Restrictions 5.8 STATUTORY DECLARATION OF ACCOUNTS. PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee holdbacks, and that there are or will be no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 5.9 PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges, expenses or obligations of the Developer under the provisions of this Subdivision Agreement all of its right, title and interest in the said lands, and consents to the registration of this Subdivision Agreement against title to the said lands. 5.10 INSURANCE CERTIFICATE AND POLICY 5.10.1 Policy of Insurance -the Developer shall lodge with the Township, on or prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Township, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and for a period of one (1) year after completion and acceptance of the Township services to be constructed herein. 5.10.2 Comprehensive General LiabilitvfEnvironmenial Impairment Liability - such policy shall carry limits of liability ih the amount to be specified by the Township, but in no event shall it be less than FIVE MiLL/0N DOLLARS ($5,000,000.00) inclusive comprehensive general liability, 20 have been preserved. environmental impairment liability in an amount not less than F/VE MILLION DOLLARS (5,000,000.00), ahtl such policy shall contain: a) across-liability clause; b) producUcompleted operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent contractor duly qualified to do such work; d) shall include the following names as insureds: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 5.10.3 Notice of Cancellation - a provision that the insurance company agrees to notify the Township within fifteen (15) days in advance of any cancellation or expiry of the said insurance policy. 5.10.4 Certificate of Coveraoe -any certificate of coverage filed with the Township Clerk shall specifically contain their confirmation that coverage includes (a), (b), (c) and (d) above and are in effect. 5.10.5 Confirmation of Premium Payment -the Developer shall, from time to time as required by the Township, provide confirmation that all premiums on such policy or policies insurance have been paid, and that the insurance is in full force and effect. The Developer shall see that a copy of the policy is filed with the Township. 5.10.6 Claim in Excess of Policy Limits -the issuance of such policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any, and for which ii may be held responsible. 2] 1~ (~ C; ~, PART - 6 ~ '" " STAGING OR PHASING 6.1 STAGING OR PHASING The Township, in its sole discretion, may instruct the Developer to construct the services in particular stages or phases suitable td the Township, and the Developer must comply on terms to be agreed to by the Township. If the Township does not so instruct, the Developer, before commencement of any work, may request the Township's permission to divide the area of the subdivision into convenient stages. If the work is thus staged, as approved by the Township, then in lieu of furnishing cash payment or Letter of Credit, all as set out in Clause 5.6 for one hundred percent (100%) of the estimated costs, as approved by the Township Engineer, the Developer shall deposit security for part of the services the Township has approved. Before proceeding with an additional stage, the Developer shall obtain the written approval of the Township and no service will be permitted to be installed and no Building Permits issued until this approval has been received and additional securities deposited. When fifty (50%) of the lots of the subdivision or stages of the subdivision have been built upon and all the services have not been completed and approved by the Township Engineer, the Township reserves the right to refuse commencement of the next stage until all services have been installed and approved. In no event will further subdivisions of the Developer or stages of subdivisions of the Developer be approved if all services of the active stage approved by the Township Engineer have not been completed within a two (2) year period after registration of this Agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of the services. 22 i ~ 3 PART - 7 } ~ ~ ="` CONSTRUCTION REQUIREMENTS 7.1 WORKS TO BE INSTALLED The works to be installed are set out in Schedule "C" to this Agreement. This Schedule is to set out the works in general terms only and shall not be construed as covering all items in detail. The works are to be designed and constructed in accordance with the current Engineering Standards adopted by By-Law by the Township at the time of signing of the Subdivision Agreement. A copy of these standards is available at the Municipal Office. If at any time, and from time to time during the development of the subdivision, the Township Engineer is of the opinion that additional works are necessary to provide adequately any of the public services required by the Plan, the Developer shall construct, install or perform such additional works at the request of the Township Engineer. 7.2 CONSTRUCTION OF WORKS Following the registration of this Agreement, the Developer shall cause to be constructed, all requisite works in order to provide services to the lots and buildings blocks within the Phase. 7.3 PRESERVATION AND PLANTING OF TREES 7.3.1 The Developer must preserve all healthy trees within the limits of the subdivision, where possible. If, in the opinion of the Township Engineer, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances, parkland, and individual lots, the Township shall have the option of having a Stop Work Order on construction of the services and/or building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice will not continue and the Developer/Builder agrees to carry out remedial work requested by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 7.3.2 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a minimum of 50 mm caliper on each lot having less than three (3) trees in the front yard(s), if required by the Township. The type of trees must be satisfactory to the Township. 7.3.3 In addition, the Developer shall plant trees with the above specifications at 15 metre intervals around the perimeter of the park, if one is to be located within the plan, in areas where there is not a sufficient growth of trees. 7.4 MOVEMENT OF FILL The Developer covenants and agrees that he shall not dump, nor permit to be dumped, any fill or debris on, nor shall he remove or permit to be removed, any fill, topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township Engineer. 7.5 BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township Engineer or Township Public Works Official, written permission for carrying out the blasting operation, and shall obtain the blasting 23 ~. -° . =,f permit and show proof of insurance for all damage or claims for damage resulting from the blasting operation. The Developer, in any event, shall be responsible for any such claims. 7.6 ACCESS ROADS All access roads must be maintained by the Developer in good repair acceptable to the Township Engineer and Township Publid Works Official during the time of construction, including dust control and the removal of any mud or debris tracked from the subdivision, and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Township Public Works Official. For the purpose of getting such donsent, the Developer shall advise the Township Public Works Official and the Township Clerk of the date and time they wish to close a roadway. The Township reserves the right to limit or prohibit the use of any existing access road by the Developer. 7.7 DAMAGE TO EXISTING PLANT The Developer shall repair any damages caused to an existing road, road allowance or existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any costs involved in the relocation of existing services, such as hydrants; telephone poles, etc., which may become necessary because of the development of the subdivision. In this regard, the Developer's Engineer shall arrange for an inspection with the Township Public Works Official and Township Engineer for the purpose of compiling an inventory of existing conditions prjdr to work on the subdivision. Otherwise, the Township Public Works Official's assessment of conditions prior to construction will be final. 7.8 DUST CONTROL Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been issued, the Developer shall apply calcium to the roads within the subdivision and/or utilized by construction traffic, in quantities sufficient to prevent any dust problem to traffic or home occupants; to the satisfaction of the Township Engineers. If the Developer has not taken remedial action within twenty-four (24) hours of receiving a written notification (via facsimile) from the Township's Engineer regarding a dust control problem, then the Township's Engineer, ai their sole discretion, shall employ outside forces to implement, at the Developer's expense, a suitable measure of dust control. 7.9 All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a licensed landfill site. The Township is not responsible for the removal or disposal of refuse, garbage and debris. Open air burning is not permitted by the Township. The Developer agrees to deliver a copy of this clause to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. 7.10 INSPECTION OF CONSTRUCTION OF SERVICES During construction of the services, the Township may inspect the work in hand at such times and with such duration and frequency as the nature of the type of construction may dictate. Subject to the obligatidns of the Township Engineer to protect the interests of the Township through such inspections, every effort will be made to keep duplication of engineering services on site to a minimum. If, during such inspections, the Township Engineer perceives that construction, whether by method or otherwise, constitutes an immediate danger to life or property, or construction does not conform to acceptable practice in order to meet the requirements for services, he will have the authority to cease 2a i , ~, construction operations by verbal notice to the contractor and/or the Developer's Engineer, such notice to be confirmed, in writing; as soon as possible, thereafter. A copy of this clause shall be delivered by the Developer to each and every contractor engaged in construction of services for the subdivision. 7.11 DECLARATION OF PROGRESS AND COMPLETION 7.11.1 Prior to the approval of the underground services, the Developer shall provide the Township Engineer with an undertaking for the completion dates of aII remaining works required by this Agreement and in a form similar to that attached to this Agreement as Schedule "I", the Declaration of Progress and Completion, for approval of the Township Engineer. The Township reserves the right to alter the completion dates as it sees fit and the Developer agrees to complete the services. 7.11.2 It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township, as pre- determined liquidated damages, the sum of F/FTY DOLLARS ($50.00) for each and every day the said services are behind schedule of construction, and NO FURTHER BUILDING PERMITS SHALL BE ISSUED. 7.12 PROGRESS OF WORKS After the completion of the underground services, the Developer shall complete the Declaration of Progress and Completion for the approval of the Township Engineer and from that date, the said Declaration shall apply and take precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and Completion, the Developer shall install all works in accordance with the Schedule of Works or as directed by the Township Engineer. If he fails to adhere to the scheduling provisions outlined in the Schedule of Works or the Declaration, or having commenced to install the aforesaid works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works are not being installed in the manner required by the Township Engineer, then upon the Township Engineer giving seven (7) days written notice by prepaid registered mail to the Developer, the Township Engineer may, without further notice, enter upon the said land and proceed to supply all materials and to do all necessary works in connection with the installation of the said works, including the repair or reconstruction of faulty work and the replacement of materials not in accordance with the specifications, and to charge the costs thereof, together with an engineering fee of ten percent (10%) of the cast of such materials and works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Township within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit or Letters of Credit. It is understood and agreed between the parties hereto that such entry upon the land shall be as agent for the Developer, and shall not be deemed for any purpose whatsoever, as an acceptance or assumption of the said works by the Township. The Township, in addition to all other remedies it may have, may refuse to issue Building Permits until such works are completely installed in accordance with the requirements of the Township Engineer. It is agreed that a copy of this clause be delivered by the Developer to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan. 7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES It is intended that the electricity and street lighting, sewer system, detention pond and waterworks will be constructed, inspected and approved prior to the completion of the other works, including roads and boulevards. zs ,~ ~, ~~ ~; Building Permits will not be issued until the Township Engineer has given the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). The two (2) year maintenance period for the underground services will commence when this Certificate is issued. During the maintenance period, the Developer sYiall be responsible for the normal operation and maintenance, and all repairs for the services noted in the Certificate. tf, during the two (2) year maintenance period, the Developer fails to carry out rectification and repair work as requested by the Township, then the Township may carry out the work and be reimbursed the Bost of the work from the Developer's securities, as set out under Clause 9.3. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services, in this case, until the Township has assumed the responsibility of the services. 7.14 EMERGENCY REPAIRS Employees or agents of the Township may enter onto the lands at any time, or from time to time for the purpose of making emergency repairs to any of the works. Such entry and repairing shall not be deemed an acceptance of the works by the Township or any assumption by the Township of any liability in connection therewith, or a release of the Developer from any of his obligations under this Agreement. 7.15 USE OF WORKS BY TOWNSHIP The Developer agrees that: I. The works may be used prior to acceptance by the Township or other authorized persons for the purpose for which such works are designed. II. Such use shall not be deemed an acceptance of the works by the Township, and; III. Such use shall not in any way relieve the Developer of his obligations in respect of the construction and maintenance of the works so used. 7.16 DRAINAGE AND LOT GRADING All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the overall Grading Plan 501 prepared by Cole Engineering Group Ltd., and approved by the Township Engineer and the Township of Oro-Medonte. Some fill and regrading of Tots may be necessary during or after building construction. The Grading Plan shall show all existing and final grades on lot corners, as well as mid-lot elevations, where deemed necessary by the Township Engineer. Ii is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners, once the required drainage works have been constructed by the Developer and approved by the Township Engineer. The parties acknowledge and agree that nothing contained in the Clause shall require the Township to undertake any works or take any action once final occupancy for any lots in the subdivision have been issued. The storm swales shall be landscaped and mairitained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage 26 . a. ..-~. y waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or interferes with the storm drainage flow through any part of the storm Swale, or interferes with the acceptance of water from any connecting swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the swales can serve their original purpose. Within the Swale area, the Developer, and any subsequent lot owner, shall not construct any works, remove, or permit to be removed, any soil from the said swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under or thrdugh the said Swale/easement, any fence, well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within thirty (30) days after the due date, shall be added to the tax roll and collected in a like manner as realty taxes, as per Section 427 of the Municipal Act. 2001. The Developer agrees to deliver a copy of this clause to each and every prospective purchaser and/or builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. Generally, the drainage facilities will consist of dpen ditches within the subdivision or storm sewers in certain locations to provide a satisfactory drainage outlet, and will be in accordance with the Drainage Plan 202 prepared by Greenland Consulting Engineers, and approved by the Township Engineer and the Township of Oro-Medonte. 7.17 DEFINITIONS For the purposes of this Subdivision Agreement: (i) The term "Underground Services" shall mean the storm drainage works (including culverts, storm sewer and detention pond), waterworks, underground electrical distribution system; and street lighting serving the Plan of Subdivision, as more particularly described in Schedule "C" to this Subdivision Agreement. (ii) The term "Certificate of Substantial Completion and Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Municipal Underground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed in accordance with plans and specifications reviewed and accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) shall not constitute an assumption of the Municipal Underground Services by the Township. {iii) The term "Certificate of Maintenance and Final Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Municipal Underground Services constructed by the Developer, in accordance with the terms of this Subdivision Agreement, and as more 27 ~~ particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Municipal Underground Services by the Township. {iv) The term "Aboveground Services" shall mean all Municipal services to be constructed by the Developer pursuant to the terms of this Subdivision Agreement, as more particularly identified in Schedule "C", excluding Underground Services. (v) The term "Certificate of Substantial Completion and Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed, in accordance with plans and specifications reviewed and accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Aboveground Services) shall constitute an assumption of the Aboveground Services by the Township for winter maintenance only. (vi) The term "Certificate of Maintenance and Final Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground Services constructed by the Developer in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Aboveground Services by the Township. (vii) The term "Certificate of Substantial Completion and Acceptance" means a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) or a Certificate of Substantial Completion and Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. (viii) The term "Certificate of Maintenance and Final Acceptance" means a Certificate of Maintenance and Final Acceptance (Municipal Underground Services) or a Certificate of Maintenance and Final Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. 28 { PART • 8 l BUILDING PERMITS AND OCCUPANCY 8.1 TOWNSHIP OF ORO-MEDONTE The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a Building Permit for any part or portion of the said lands or on any lot therein, and no Building Permit shall be issued until a Sewage System Permit approval has been received for the land in question. The Developer's Engineer shall prepare an overall Lot Development Plan for approval by the Township of Oro-Medonte and the Township Engineer, as a further requirement to Clause 7.16. The Plan shall include the following: a) envelopes for the proposed house and any adjacent structures on each lot. b) an envelope showing the location, size and elevation of the Waterloo Biofilter tertiary treatment system on each lot and all pertinent engineering design criteria. c) existing and proposed grades of the disturbed area of lot after building, drainage and sewage works have been completed. dexisting and proposed grades on lot corners and mid-lot elevation. elocation and type of proposed water. 8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed Site Development Plan for each lot may be required to be prepared by a Professional Engineer registered with the Association of Professional Engineers of Ontario, experienced in private sewage system design, for approval by the Township Engineer, prior to the issuance of a Sewage System Permit for each respective lot. Site Development Plans, which conform to the overall Lot Development Plan ai an approved metric scale using metric dimensions and elevations, shall include the following: a) the location, dimensions and elevations of the proposed dwelling and any existing or proposed structures td be located on the lot, as well as any adjacent structures on the adjacent lot{s). b) the location, size and header invert elevation of the sewage system, including existing and proposed finished grades, all engineering design criteria and standards pertaining thereto, shall be provided. c) the location and type of water well, indluding the water service line to the dwelling. d) the existing and proposed grades of the disturbed area on the lot after building, drainage and sewage works have been completed. e) the location and grades of any proposed drainage swales. f) the Protessional Engineer will be required to check the elevations of the footings of the buildings prior to further construction to ensure conformity with the approved Plans noted above. g) the Professional Engineer will be required, prior to the issuance of a FinaF Inspection Report, to certify to the Township of-0ro-Medonte, in writing, that the foregoing works have been carried out in accordance with the approved Plans noted above. 29 The Developer further agrees to construct all works required under Clause 7.16, and as shown on the approved General Location and Lot Grading Plan 501 Storm Drainage Area Plan 202 and Erosion Control Plan 801 all prepared byCole Engineering Group Ltd. to the satisfaction of the Township of Oro-Medonte and the Township Engineer. The Developer further agrees to advise all prospective lot owners of the requirement that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit. 8.2 The approval of the Plan by the Township, or the acceptance by the Township of the works, shall not be deemed to give any assurance that the Building Permits, when applied for, will be issued in respect of the lots or blocks shown on the Plan. Notwithstanding the foregoing, no Building Permits will be given and the Chief Building Official may refuse any application until: (i) Township of Oro-Medonte approvals have been obtained and submitted to the Township. The Township of Oro-Medonte sewage approval authority requirements are set out in Clauses 7.16 and 8.1. (ii) The Storm Water Management System and Waterworks have been installed, tested and approved by the Township Engineer and he has issued his Certificate of Substantial Completion and Acceptance (Municipal Underground Services). {iii) Plans for remaining underground services such as Bell Telephone, Electricity or Natural Gas have been approved. (iv) A "Builders" road consisting of the grading, curb and gutter or ditch shaping and full depth of Granular "B" sub-base, has been constructed on the road providing access to the lot. (v) Approval of the Township Engineer has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "E" hereto. (vi) Signs denoting "Unassumed Roads" have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 4.1.7. (vii) A Certificate Letter and Lot Development Plan has been given by the Developers Consulting Engineer or a Prdfessional Engineer registered with the Association of Professional Engineers of Ontario, that the building to be erected on any lot or block within the Plan, for which a Building Permit has been applied for, is in conformity with the General Location and Lot Grading Plans, or has received the approval of the Township Engineer with respect to any variance to the Grading Plan. The individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a Building Permit. (viii) All dead trees within the limit of the Plan have been removed. (ix) Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 8.4. 30 t ~F (x) The Traffic and Street Name signs have been installed and approved by the Township Engineer. )(xi) Any development charges have been paid, in full, in accordance with the applicable development charge By-Laws; enacted pursuant to the Development Charoes Act 1997, as well as By-Laws enacted pursuant to Section 257.53 of the Education Act, or alternate arrangement satisfactory to the body enacting the development charge By-Law, have been made and the same has been communicated to the Chief Building Official for the Township of Oro-Medonte, in writing, by such a body. 8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS. REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be serviced, will be listed on Schedule "E" of this Agreement. Prior to the issuance of a Building Permit for any lot listed in Schedule "E", the Developer's Engineer must submit a letter to the Township Engineer outlining the measures to be taken to correct the problems on the lot. This proposal must be approved prior to applying for a Building Permit. 8.4 MUNICIPAL ADDRESS SYSTEM The Developer shall be responsible for obtaining the municipal address system numbers for each and every lot from the Municipal Office. As a further requirement, in order to obtain a Provisional Certificate of Occupancy, the Developer and(or builder or lot owner, shall install the afore-mentioned number at a location approved by the Township. The Developer agrees to provide a copy of this clause to each and every builder or lot owner in advance of the sale of such lot(s). 8.5 REQUIREMENTS FOR OCCUPANCY 8.5.1 No buildings erected on the Tots or blocks within the Plan shall be occupied until a PROVISIONAL CERTIFICATE OF OCCUPANCY has been issued by the Township in accordance with the Township Building and Plumbing By-Law. PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued to allow occupancy of a building. 8.5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until: {i) The roadway has received the granular roadbase materials full depth and the base course of asphalt, provided asphalt is commercially available. (ii) The underground electrical, telephdne lines, gas mains and street lights have been installed and approved by the Township Engineer. {iii) A Certificate Letter and individual Lot Development Plan has been given by the Developer's Consulting Engineer, or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building constructed, and the final grading of the lot or block, is in conformity with the General Location and Lot Grading Plans, or such variance therefrom has been approved by the Township Engineer. The final grading on the individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a FINAL CERTIFICATE OF OCCUPANCY. 31 f, ~, FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. (iv) Driveway culvert and end protection has been provided to the satisfaction of the Township, in accordance with the Township's Road Occupancy Permit. (v) The trees have been planted on the lot by the Developer in accordance with Clause 7.3. (vi) Any deficiencies on a Provisional Certificate of Occupancy has been complied with. It is agreed that a copy of Part 8 shall be delivered by the Developer to each and every builder obtaining a Builder's Permit or any prospective purchaser of the dwelling for any lot or part of a lot on the said Plan. 8.6 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 8.5 are installed to the home occupied to the satisfaction of the Township Engineer, then the Developer agrees to pay to the Township, liquidated damages in the amount of ONE HUNDRED DOLLARS ($100.00), per dwelling, per day, to cover the additional costs of administration, inspection and fire protection, etc. The liquidated damages to commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township Engineer that the vital services are satisfactorily installed. If the Developer fails to pay to the Township, monies owing under this clause within thirty (30) days df the date of the bill, the money may be deducted from the cash deposit or Letter of Credit or other deposited security. 32 °~ PART - 9 ''' MAINTENANCE AND ACCEPTANCE 9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES On receipt of the Developer's request for a final inspection of the underground services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) be issued. It should be noted that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) can be applied for by the Developer two (2) years after the receipt of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services in this case until the Township has assumed the responsibility of the services. 9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES When all of the services have been completed, including the surface lift of asphalt in accordance with this Agreement or in a particular stage, the Township Engineer and Public Works Official shall make an inspection to ensure that the Township will accept the road system. The Township Engineer shall issue a Certificate of Substantial Completion and Acceptance (Aboveground Services) when the works are accepted by the Township. This Certificate may contain a list of minor deficiencies, which have to be corredted by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The two (2) year maintenance period will commence when the Township Council approves the issuance of the Certificate. 9.3 MAINTENANCE OF WORKS The Developer will be responsible for the repair and maintenance of all the subdivision services for a period of two (2) years from the date the Township Council approves the Certificate of Substantial Completion and Acceptance. This shall be called the Maintenance Period. The maintenance shall include the maintaining and mowing of grass within the road allowances, as well as the parkland area and detention pond, on a regular basis. If the Township is requested to carry out this maintenance, the Developer shall pay all charges to the Township. If, during this period, the Developer fails to carry out maintenance work within forty-eight (48) hours after receipt of a request from the Township, then the Township Engineer may, without further notice; undertake such maintenance work and the total cost of such work, including Engineering fees, shall be borne by the Developer. If the Developer fails to pay the Township within thirty (30) days of the date of billing, then the money owing may be deducted from the cash deposit or Letter of Credit. During the maintenance period, ten percent (10%) of the original estimated cost of the works shall be retained by the Township. Towards the end of the maintenance period, the Developer shall make written request to the Township for a final inspection to be made and notwithstanding the two (2) year period noted above, the maintenance period will continue for the original two (2) years, or for thirty (30) days after the receipt of the Developer's written request for a final inspection, whichever period of time is the greater. 33 '~ ° Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of services. 9.4 WINTER ROAD MAINTENANCE An exception to the liability of the Developer for all maintenance and repair of the services during the two (2) year maintenance period will be winter control, which operation will be the Township's responsibility after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). Winter control shall include snow plowing, sanding and any other winter maintenance operations. It is agreed by the Developer that the winter control operations shall not prejudice the Township's rights to enforce the maintenance provisions. Prior to the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services) however, the Developer shall be responsible for the winter control also. In the event that proper vehicular access or winter control is not provided by the Developer, the Township, through its servants, contractors, or agents, may provide winter control without notice to the Developer. Such winter control shall be only carried out at times deemed to be an emergency by the Public Works Official. All costs of such work shall be paid by the Developer within thirty (30) days of the date of billing or otherwise may be deducted from the cash deposit or Letter of Credit. The cost of such works to be at the following rates: Machinery and Equipment $40.00/hr. Labour $20.00lhr. Mixed Sand and Salt $12.OO/m3 Payroll Burden -41% Administration - 7% G.S.T. - 6% The Township may adjust these rates from time to time. The Developer further agrees that any work done by the Township pursuant to this Agreement before the roads are accepted by the Township, shall not be deemed in any way to be an acceptance by the Township of the roads in the said subdivision upon which such work is done. The Developer acknowledges that the Township, whilst providing winter control, may damage or interfere with the works of the Developer and covenants that he will make no claims against the Township for such interference or damage, providing the work is carried out in a normal and reasonable manner. 9.5 REPLACEMENT OF SURVEY BARS Prior to the final acceptance of the subdivision by the Township, the Developer agrees to supply a statement from an Ontario Land Surveyor approved by the Township that after the completion of the subdivision work, he has found or replaced all survey monuments, standard iron bars and iron bars shown on the registered plan. The statement must be dated within two months of the date of acceptance. 9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES Upon receipt of the Developer's request for a final inspection of the Aboveground Services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance be issued. 34 ' f"3 _ „ A d'. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services, in this case, until the Township has assumed the responsibility of the services. 9.7 RELEASE OF LAND The Developer, when not in default of the Subdivision Agreement to provide the requisite public services to the lands, shall be entitled to an effective release in a form suitable for registration in the Land Registry Office for each lot or block, which is in conformity with the overall Grading f Ian for the lands or such variance therefrom as has been approved by the Township Engineer. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lot or block described in the release, with the exception of the responsibility for drainage as outlined in Clause 9.8 and the completion and maintenance of the services. 9.8 DRAINAGE -RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surface waters upon and from the said lands shall remain the sole responsibility of the Developer and the subsequent owners, from time to time, of the lots or blocks within the Plan of Subdivision. The Developer and subsequent owners of the lots or blocks within the Plan of Subdivision, from time to time, shall provide and maintain adequate drainage of surface waters across and from the said lands in accordance with the provisions of Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a copy of this Section 9.8 and Section 7.16 to each and every prospective builder/prospective purchaser of a lot or block within the Plan of Subdivision. The Developer and the owner, from time to time, df any lot or block within the Plan of Subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the Developer and/or subsequent lot owner. Any invoices not paid within thirty (30) days after due date, shall be adtled to the tax roll and collected in alike manner as realty taxes as per Section 427 of the Municioal Act, 2001. 35 Et [ ~s ~~ .., PART -10 -DEFAULT PROVISIONS 10.1 DEFAULT PROVISIONS Notwithstanding anything herein before contained in this Subdivision Agreement, and in addition to any other remedies, when the Developer is deemed by the Township to be in default of this Agreement, the Township reserves the right to realize upon any securities deposited on or on behalf of the Developer to recover costs incurred by the Township, in accordance with the provisions of Section 5.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building and/or Occupancy Permits, and the Developer agrees not to apply for any Building Permits or Occupancy Permits for lots or blocks within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 10.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators and assigns. 10.3 SUBSTITUTION FOR APPROVALS Wherein this Agreement reference is made to any named Ministry of the Province, Township of Oro-Medonte or other public body, such reference where the same requires their approval, is deemed to be a reference to any other Ministry or body as may be substituted by legislative change or policy of the Provincial Government or of the Township. 10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs, charges or expenses incurred by the Township in satisfying the obligations of the Developer in the event of default of the Developer under the terms of this Subdivision Agreement, together with any costs, charges or expenses incurred by the Township in enforcing the obligations of the Developer under this Agreement, shall be a first charge or lien against the said lands in accordance with the provisions of Section 427 of the Municipal Act. 2001. 36 c s. ?' .,...'„, ~..E i PART 11 -MISCELLANEOUS 11.1 SITE PLAN AGREEMENTS FOR INDIVIDUAL LOTS Individual lot owners within this Plan of Subdivision will be required to enter into a Site Plan Agreement with the Township pursuant to Section 41 of the Planning Act, R.S.O. 1990, c. P.13, before a building permit can be issued for the lot. Accordingly, the Developer shall include in all offers of Purchase and Sale for any lot within this Plan of Subdivision a clause advising prospective purchasers of this requirement. 11.2 CONSTRUCTION OF DOCKS Purchasers are notified that there were no permissions at the time this Subdivision Plan was registered for the construction of docks on the property. All works along the shoreline require the approval of the Lake Simcoe Region Conservation Authority and/or the Ministry of Natural Resources and/or the Department of Fisheries and Oceans. 11.3 CONSTRUCTION ACTIVITIES The Developer shall carry out all construction activities on the lands in accordance with the Migratory Bird Convention Act. 11.4 STAKING THE SETBACK FROM LAKE SIMCOE The Developer shall permanently stake the limits of the 20 metre setback from Lake Simcoe to the satisfaction of the Township. 11.5 LAKE SIMCOE CONSERVATION AUTHORITY. PERMITS The Developer shall obtain all necessary Lake Simcoe Region Conservation Authority permits for works in conjunction with this Plan of Subdivision. 11.6 NOTICE REQUIREMENTS TO PROSPECTIVE. PURCHASERS The Developer shall notify all prospective purchasers, through the inclusion of a clause within all offers of Purchase and Sale for Idts within this Plan of Subdivision, of the following: (a) Water access and views of Lake Simcoe are restricted through the Zoning ey-law, Tree Preservation Plan and Shoreline Access Plan; (b) A Natural Heritage Stewardship Manual, prepared to the satisfaction of the Township and the Lake Simcoe Region Conservation Authority, will be provided by the Developer; and (c) Permits will be required from the Lake Simcoe Region Conservation Authority, Ministry of Natural Resources and/or the Department of Fisheries and Oceans for shoreline works. IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this day of , 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE H.S.Hughes Title Mayor J. Douglas Irwin Title Clerk 37 SUN-20-2007 18:39 FR~i: 5199521354 T0: 18668391083 P.1 MOON POINT CO RAT Per ~~ ~» I ~~~ ino ale e aut ority to Bind the Corporation Title ~"~!F,S.pG"N7 Title 38 SCHEDULE "A" t' ~'"' 'P NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOON POINT CORPORATION DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and being composed of the whole of the lands described as follows: See changes from front page 39 SCHEDULE "B" NOTE: It is understood and agreed that this Scfiedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOON POINT CORPORATION PLAN OF SUBDIVISION 51-M a0 SCHEDULE "C" jt~ -- NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOON POINT CORPORATION WORKS TO BE CONSTRUCTED Construction of all road works, including roadside ditches in accordance with the approved Engineering Drawings to service the Moon Point subdivision in the Township of Oro-Medonte All of the above works are incorporated onto the following Engineering Drawings prepared by Cole Engineering Group Ltd., Project No: 03045, Municipal Affairs No. 2004-Sub-01 The Drawings listed below were stamped, as accepted, by the Township Engineers, Totten Sims Hubicki Associates, on 2007 LIST OF DRAWINGS See page 9 41 SCHEDULE"D" t ~, ~ j~ ~ ~ ,. ~. -a. ~; NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOON POINT CORPORATION ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS The following list summarizes the cost estimate of the major works, but is not necessarily inclusive: A) Roadway construction complete, including clearing and grubbing, excavation, granular road base materials, concrete curb and spillways and two lifts of asphalt ..........................................................::.:................ ...$ 330,356.00 B) Storm Drainage works complete, including storm sewers, ditch inlet catchbasins, culverts, detention pond, topsoil, seed and mulch, sod, ditching and siltation and erosion control devices .....................................::.............. ...$ 123,995.00 C) Waterworks, including watermains, valves, hydrants and valves, for fire protection ............................::::............. ....$ 49,050.00 D) Miscellaneous items such as street name and regulatory signs ..............................................:............. ....$ 19,050.00 E) Electrical supply, including street lights, control panels and duct crossings .....................:.:............... .....$ 77,000.00 SUB-TOTAL $599,451.00 G) Allowance for Engineering and supervision.....:.:.10%...... ...$ 59,945.10 TOTAL $659,396.10 6% G.S.T. $ 39,563.77 GRAND TOTAL COST $698,959.87 42 S 2 ~`v~..t w~ bi ~4 V SCHEDULE"E" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOON POINT CORPORATION LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES AND/OR LIST OF LOTS REQUIRING SPECIAL ATTENTION Prior to issuance of Building Permits for Lots 1-14: A Site Plan shall be approved by the Township Engineer and Lake Simcoe Region Conservation Authority satisfying Sections 8.1 and 8.2 of this Agreement. A Site Plan Agreement between individual lot owners and the Township of Oro- Medonte pursuant to Section 41 of the Planning Act, R:S.O. 1990 c.P 13 is required. Payment of development charges per Schedule "F" Securities posted per Sections 5.7.2 and 5.7.3 43 SCHEDULE "F" ~~ .. ' NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOON POINT CORPORATION DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are payable on a per-tot basis prior to the issuance of the first Building Permit for each particular lot, unless alternative arrangements with the body enacting the By-Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with the Township of Oro-Medonte's By-law at the rate applicable, upon the issuance of the first Building Permit for each lot upon which charges are payable. (ii) Educational development charges in accordance with By-law [#3203-00] of the Simcoe-Muskoka Catholic District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable; and (iii) Educational development charges in accordance with By-law #3 (2000) of the Simcoe County District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable. Please be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; and in the case of the Simcoe County District School Board, the Superintendent of Facility Services, County of Simcoe, County Clerk. Also, please be advised that the above-referenced By-Laws enacted pursuant to the Develooment Charges Act, 1997 and Section 257.53 bf the Education Act, R.S.O. 1990, c.E.2, may be amended or superceded by subsequent By-Laws enacted in accordance with the respective legislation. (iv) Development Charges in accordance with the County of Simcoe's By-law at the rate applicable, upon the issuance of the first building permit for each lot upon which charges are payable. as ~ k SCHEDULE "G" j '"` ~, '" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOON POINT CORPORATION 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 Developer. 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 1.1 Block 16 0.3m reserve Lot 1 Plan 51-M 1.2 Block 15 0.3m reserve Part 2 51 R-34471 Plan 51-M 2.0 STORM EASEMENTS 2.1 Part 1 3.Om Storm Easement Lot 7 51 R- 2.2 Part 2 4.Om Storm Easement Lot 8 51 R- 45 ~~ ' n r _ "°': SCHEDULE "H" ~ ~ ' t NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOON POINT CORPORATION PARKLAND $2000.00 per lot cash-in-lieu of parkland 46 SCHEDULE "I" _ ~ ',.a TOWNSHIP OF ORO-MEDONTE DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION CONSULTING As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND MOON POINT CORPORATION The Developer(s) dated The Developer hereby agrees and undertakes to complete the construction of the Works as required by the above-mentioned Agreement in accordance with the time schedule for the completion of services as approved by the Township Engineer and more specifically in accordance with the following schedule and conditions: a) Before any building erected on the lots or blocks in the Plan are occupied all the Requirements for Occupancy, as set out in Clause 8.5, shall be complied with. b) Granular "B" and Granular "A" on or before c) Grading, topsoiling and seeding of private blocks and parks on or before- d) Boulevard sodding on all roads on or before e) Hot asphalt on or before f) Planting of trees on or before 2. The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week following such completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration; 3. The Developer undertakes to properly maintain the gravel road base at all times and to keep all roads in a mud-free and dust-free condition until such times as the roads, including boulevards, have been completed; 47 .. .n,; , 4. The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Item 3 hereof, not completed by him within 24 hours after receipt of such request for maintenance, at his expense, and without limiting the generality of the foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll burden, plus 20% for overhead; 5. It is understood and agreed that should the Developer fail to construct the remaining services to carry out the requirements of Item 3 as stipulated, and by such dates and within such time limits as provided by this undertaking, the Developer, notwithstanding the costs noted in Section 4, shall pay to the Township, as predetermined liquidated damages, the sum of F1FTY DOLLARS ($50.00) for each and every calendar day the said services are behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. DEVELOPER Seal or W fitness Date 48 ~~{} ~`1 SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOON POINT CORPORATION GENERAL LOCATION AND LOT GRADING PLANS PROCEDURE After the General Location and Lot Grading Plan have been approved by the Township, then: a) six copies to be delivered to the solicitor for the Township. b) six copies to be delivered to the Township. c) Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered to the solicitor for the Township. 49 ~~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-071 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, JUNE 27, 2007 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, June 27, 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. 8Y-LAW READ A FIRST AND SECOND TIME THIS 27T" DAY OF JUNE, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 27T" DAY OF JUNE, 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin