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02 10 2010 Council Agenda
TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: FEBRUARY 10, 2010 TIME: 7:00 P.M. Page 1. OPENING OF MEETING BY THE MAYOR 2. PRAYER/CONTEMPLATION/REFLECTION 3. NOTICE OF ADDITIONS a) Motion for Additions. 4. ADOPTION OF AGENDA a) Motion for Adoption. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of Council meeting held on January 27, 2010. b) Minutes of Special Council meeting held on January 27, 2010. 7. RECOGNITION OF ACHIEVEMENTS: 6-7 a) Marie Brissette and Bonnie McPhee, Successful Completion of Employment Law and Human Resources for Municipalities from The Association Municipal Clerks and Treasurers of Ontario (AMCTO). 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. REPORTS OF MUNICIPAL OFFICERS: 8-14 a) Report No. DS 2010-011, Andria Leigh, Director of Development Services, re: Zoning By-law Amendment 2009-ZBA-24 (Frost Bed & Breakfast) Part of Lot 5, Concession 6, 478 Bass Lake Sideroad West (Formerly Oro Township) [Refer to Item 18g)]. Page 1 of 89 Page Council Meeting Agenda - February 10, 2010. 10. REPORTS OF MUNICIPAL OFFICERS: b) Robin Dunn, Chief Administrative Officer, re: Notice of Public Consultation Information Session re: Establishment of "Municipal Services Corporation" (Lake Simcoe Regional Airport) [to be distributed at meeting] [Refer to Items 18a) and 18p)]. 11. REPORTS OF MEMBERS OF COUNCIL: 15 a) Mayor H.S. Hughes, re: Confidentiality in Mediation. b) Councillor Evans, re: Ukrainian National Federation of Canada, Toronto - Village of Hawkestone. [Addenda] 16-17 c) Mayor H.S. Hughes, corrrespondence dated February 9, 2010 from Jennie Weller, Senior Outreach and Consultation Coordinator, Lake Simcoe Project - Ministry of the Environment, re: Lake Simcoe Protection Plan - Information Sessions. [Addenda] d) Mayor H.S. Hughes, re: No Parking Signs. [Addenda] 18-19 e) Deputy Mayor Hough, re: Nottawasaga Valley Conservation Authority, February 12, 2010 Board Agenda. [Addenda] 20 f) Councillor Coutanche, Packet & Times article dated February 10, 2010, re: Council-Building Project Seeking a Few good Candidates for Office. [Addenda] 12. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on February 3, 2010. 21-24 b) Minutes of Oro-Medonte Environmental Group Advisors meeting held on January 21, 2010. 13. CONSENT AGENDA: 25-31 a) Minutes of Midland Public Library Board meeting held on December 17, 2009. Staff Recommendation: Receipt. 32-34 b) Correspondence dated January 28 2010 from Town of Innisfil re: NVCA Third Party Review - Correpondence dated December 10, 2009 from Township of Adjala-Tosorontio. Staff Recommendation: Receipt. 35-37 c) Correspondence dated January 28, 2010 from Town of Innisfil re: Minutes of NVCA meeting held on October 9, 2009. Staff Recommendation: Receipt. Page 2 of 89 Page Council Meeting Agenda - February 10, 2010. 14. COMMUNICATIONS: 38-39 a) Oro-Medonte Chamber of Commerce, Annual Business Achievement Awards Dinner and Silent Auction, Thursday, April 8, 2010, Horseshoe Valley Resort. 40 b) Correspondence dated February 10, 2010 from Helen and Guenther Wellnhofer re: Items 18k), and 181) By-Law Nos. 2010-032 and 2010-034, ATV's on Some Sections of Lakeshore Road. [Addenda] 15. NOTICE OF MOTIONS: None. 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17. IN-CAMERA ITEMS: a) Motion to go In-Camera b) Motion to Rise and Report c) Andria Leigh, Director of Development Services re: Legal Matter (Horseshoe Valley Paintball). d) Doug Irwin, Director of Co rporate Services/Clerk, re: Property Matter (Line 11 North & 15/16 Sideroad - Part 3, Plan 51 R36354). [Addenda] 18. BY-LAWS 41-52 a) By-Law No. 2010-015 A By-law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro-Medonte and The Corporation of the City of Barrie for the establishment of a Municipal Services Corporation (Lake Simcoe Regional Airport) and to Repeal By-law Nos. 2002- 060 and 2002-061 [Refer to Items 10b) and 18p)]. 53-54 b) By-Law No. 2010-022 A By-law to amend By-law 2009-078 for the zoning provisions which apply to lands within Part of Lots 8 and 9, Concession 12 (Former Township of Oro), now in the Township of Oro-Medonte (Hillway Equipment Ltd. 2009-ZBA-02) [Third Reading Only, Deferred from January 27, 2010 Special Council Meeting]. 55 c) By-Law No. 2010-023 A By-law to Repeal By-law No. 2004-115 "A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Karen White described as lands as follows: 15 Pemberton Lane Page 3 of 89 Page Council Meeting Agenda - February 10, 2010. 18. BY-LAWS PT Lot 1 Range 1 Former Township of Oro Parts 1 & 2 51 R19045; Township of Oro-Medonte, County of Simcoe PIN 58554-0100 (LT) Roll# 4346-010- 001-08600". 56-59 d) By-Law No. 2010-024 Being a By-law to Authorize the Execution of a Tax Arrears Extension Agreement. 60-61 e) By-Law No. 2010-026 A By-law to Establish and Assume Highways Within the Township of Oro-Medonte, Part of Maple Ridge Road. 62-65 f) By-Law No. 2010-027 A By-law to authorize the Sale of Surplus Land Lot 57, Plan 589, 8 Orillia Road (PIN # 58559-0289 (LT)) Township of Oro-Medonte, County of Simcoe. 66-67 g) By-Law No. 2010-028 A By-law to amend the zoning provisions which apply to lands within Part of Lot 5, Concession 6, municipally known as 478 Bass Lake Sideroad West, (Former Township of Oro), now in the Township of Oro-Medonte (Frost 2009-ZBA-24). 68-69 h) By-Law No. 2010-029 A By-law to Assume and Establish Highways Within the Township of Oro-Medonte Plan 51 M-367. 70 i) By-Law No. 2010-030 A By-law to Amend By-law No. 2009-025, Being a By-law to Establish Regulations with respect to Municipal Parkland, and Municipally owned Lands used for Recreational Purposes within the Township of Oro-Medonte. 71 j) By-Law No. 2010-031 A By-law to Amend By-law No. 2009-025, Being a By-law to Establish Regulations with respect to Municipal Parkland, and Municipally owned Lands used for Recreational Purposes within the Township of Oro-Medonte. 72 k) By-Law No. 2010-032 A By-law to Amend By-law No. 2009-022, Being a By-law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro-Medonte. 73-75 1) By-Law No. 2010-034 A By-law to Permit Off-Road Vehicles to Utilize Specific Municipal Highways within the Township of Oro-Medonte. 76-84 m) By-Law No. 2010-035 Being a By-Law to Authorize the Execution of the Letter of Agreement Between the Township of Oro- Medonte and Orillia Area Community Development Page 4 of 89 Page 85 86 87-88 89 Council Meeting Agenda - February 10, 2010. 18. BY-LAWS Corporation (CDC). n) By-Law No. 2010-036 A By-law to Appoint Representatives to the Georgian Valley Advisory Committee and to Repeal By-Law No. 2010-012. o) By-Law No. 2010-037 A By-Law to Amend By-Law No. 2007-021, "A By- law to Appoint Representatives to Various Committees/ Organizations and Technical Support Groups". p) By-Law No. 2010-038 A By-law to Adopt an Asset Transfer Policy for the Municipal Services Corporation (Lake Simcoe Regional Airport Inc.) [Refer to Items 10b) and 18a)]. 19. CONFIRMATION BY-LAW a) By-Law No. 2010-025 Being a By-Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, February 10, 2010. 20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT a) Motion for Adjournment. Page 5 of 89 Agenda Item # 7a) - Marie Brissette and Bonnie McPhee, Successful Completion of W F ~a xa Od ~w W w vd w ao *WON ON ON ONLO o< y 0 y y x J V . iy Q ~1 Z C y U 0 0 rv o 76 LL N a- ^1 v o c o O •N ~ v E L s _ N v 0 CL d0 ~ ice L U ~ Q E R Page 6 of 89 Agenda Item # 7a) - Marie Brissette and Bonnie McPhee, Successful Completion of V1 H rn C) 0 H 4- N v o a v o 21 O ~ ro Lai V-24 Q o 01 0 Z a ~ u 6 T ` ~ o F v roH O 0. *WON .S fi 0000 U O _O. Page 7 of 89 Agenda Item # 10a) - Report No. DS 2010-011, Andria Leigh, Director of Developmen... TOWNSHIP OF ORO-MEDONTE REPORT Report No. To: Council Prepared By: DS 2010-011 Meghan Keelan, Planner Meeting Date: Subject: Zoning By-law Motion # February 10, 2010 Amendment 2009-ZBA-24 (Frost Bed & Breakfast) Roll Part of Lot 5, Concession 6 R.M.S. File 4346-010-003-21110 478 Bass Lake Sideroad West D14 40084 (Formerly Oro Township) RECOMMENDATION(S): Requires Action] X I For Information Onlyl 1 It is recommended: 1. THAT Report DS 2010-011 be received and adopted; 2. THAT Zoning By-law Amendment Application 2009-ZBA 24 for Patricia Frost, Part of Lot 5, Concession 6, Township of Oro-Medonte, (Former Oro Township) on Schedule A16 on the Zoning By-law 97-95 (as amended) from the Agricultural/Rural (AIRU) Zone to the Agricultural/Rural Exception 197 Holding (A/RU*197 H) Zone be approved; and 3. THAT the Clerk bring forward the appropriate _By-law for Council's consideration. BACKGROUND: The purpose of this report is to consider a proposed Zoning By-law Amendment Application submitted by Patricia Frost, owner of the subject lands. The applicant's lands are located at Part of Lot 5, Concession 6, municipally known as 478 -Bass -Lake Sideroad West. It is west of Line 6 and north of Bass Lake Sideroad. The applicant has purchased the property and recently renovated the dwelling. She hopes to operate a bed and breakfast establishment with a healthy living theme. The existing dwelling has three rooms available to guests and the owners/operators will be living in the dwelling. ANALYSIS: On January 27`h, 2010 a public meeting was held as per the requirements of the Planning Act to receive comments from members of the public and relevant agencies. No one spoke at the public meeting. Development Services Meeting Date February 10, 2010 Report No. DS 2010-011 Page 1 of 7 Page 8 of 89 Agenda Item # 10a) - Report No. DS 2010-011, Andria Leigh, Director of Developmen... The Planning Department has considered the relevant planning documents in making this recommendation, the applicable documents and policies are discussed below. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Township of Oro-Medonte Official Plan: The subject lands are designated "Oro-Moraine - Enhancement Area". Section B1.10.2 of the Official Plan applies to the lands, specifically section B1.10.2.3 lists the uses permitted in this designation. A "bed and breakfast establishment within a single- detached dwelling" is a permitted use. Section C1.3.10 of the Official Plan sets out the policies and procedures for a new bed and breakfast establishment. This section states that a bed and breakfast establishment may be permitted provided Council is satisfied that the following items have been addressed. (a) The use shall not have a negative impact on the enjoyment and privacy of neighbouring properties. The subject lands have an area of 104 acres; this is a substantially sized parcel. The dwelling is located near Bass Lake Sideroad and is visually and geographically removed from the surrounding residences. (b) Adequate parking facilities are available on the lot for the proposed use. The applicant has created a large paved area with sufficient area for the extra parking required. The parking requirements are further discussed in the Zoning By-law Section below. (c) The proposed use will not cause a traffic hazard as a result of it's location on a curve or a hill. The proposal has been-reviewed by the Township's Transportation Department and the Director indicated no concerns with the proposal. There is an existing entrance. (d) The proposed use can be serviced with an appropriate water supply and an appropriate means of sewage disposal. The applicant recently obtained building and septic approvals for an extension to the dwelling, therefore it is appropriately serviced. Section C1.3.10 also states that a bed and breakfast establishment may be subject to Site Plan Control. Staff has reviewed By-law 2009-069 being a By-law to Designate Areas of the Township as Site Plan Control. Section 2.2 of the By-law lists bed and breakfast establishment as a use which is specifically subject to Site Plan Control regardless of the location. Therefore the proposed rezoning places a Holding Provision Development Services Meeting Date February 10, 2010 Report No. DS 2010-011 Page 2 of 7 Page 9 of 89 Agenda Item # 10a) - Report No. DS 2010-011, Andria Leigh, Director of Developmen... on the lands which will require a Site Plan Agreement be entered into prior to the removal of the Holding Provision. Zoning By-law 97-95: The land is currently zoned Agricultural/Rural (A/RU), which permits bed and breakfast establishment and single detached dwellings, among other uses. As discussed above, policies of the Official Plan require a rezoning to permit a bed and breakfast establishment. Therefore a site specific zone would be applied to the property. Zoning exception A/RU*197 would specifically permit the bed and breakfast establishment but would not change any other provision of the By-law. The A/RU zone requires a minimum lot area of 0.4 hectares and a minimum lot frontage of 45 metres for a bed and breakfast establishment. The subject lands have a lot area of 42 hectares and 648 metres of frontage on Bass Lake Sideroad. The chart below outlines the required setbacks for dwellings and bed and breakfast establishment in the A/RU Zone as well as the setbacks to the existing dwelling in which the bed and breakfast establishment will be operated. Setback Required Existing Front Yard 8m 79m Side Yard 4.5m 84m & 95m Rear Yard 8m 547m Maximum Height 11m -9m Minimum First Store Floor Area 90s .m 276s .m Therefore the lot and structure conforms to the provisions of the AgriculturaURural Zone for the bed and breakfast establishment use. Section 5.19 of the Zoning By-law sets out the parking requirements by use, in this table a bed and breakfast establishment must have 1 space per bedroom that is rented to travellers. There is also a requirement for two spaces for a dwelling unit. As parking requirements are calculated based on adding the requirements for each use and the proposed bed and breakfast establishment has three rooms available for travellers, five (5) spaces must be provided on site. The applicant has a two car garage for two parking spaces and a paved space of 17.6m x 10m which could accommodate three parking spaces, therefore five parking spaces have been provided. As mentioned above, a Holding provision is proposed to be placed on the subject lands requiring a Site Plan Agreement to be entered into in accordance with By-law 2009-069 prior to the lifting of the holding provision. Development Services Meeting Date February 10, 2010 Report No. DS 2010-011 Page 3 of 7 Page 10 of 89 Agenda Item # 10a) - Report No. DS 2010-011, Andria Leigh, Director of Developmen... County Official Plan In analyzing this Zoning By-law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The current County Plan identifies the subject lands as being within the Greenlands designation. The County OP schedules do not identify an evaluated wetland or an ANSI on the subject lands. It is identified as part of Natural Heritage Unit "OM2 - Copeland Forest" on Schedule 5.4 - Natural Linkages. OP Section 3.7 Greenlands states that areas identified on Schedule 5.4 are part of the Rural and Agricultural designation and are "areas in which restoration would provide a greater contribution to the sustainability of Natural Heritage than in other parts of the Rural and Agricultural designation. They are to be implemented through a variety of stewardship approaches and the consideration of application for land use change" (page 23). As the applicant has a Forest Management Plan with the County and is not proposing any tree removal or further site alteration as a result of the rezoning, Township staff consider the proposal to be in conformity with these policies of the County Official Plan. The Rural and Agricultural policy section of the County Official Plan is silent on bed and breakfast establishments, however, residential uses are permitted. The County Planning and Forestry departments were circulated for comments and advised of the public meeting held January 27, 2010. No comments or concerns were received. The adopted County Plan continues to identify the subject lands as within the Greenlands designation. There are still no wetlands or ANSIs identified on the property. As stated above, there will be no alterations to the site and therefore no impacts on natural features. It is our opinion that the proposed development generally conforms to the policies of both County Official Plans (approved and adopted). Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS has been reviewed in terms of this proposal, the following policies are pertinent to the application. Policy 1.1.4 "Rural Areas in Municipality" states that permitted uses and activities shall related to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. This policy section also requires that development be appropriately serviced. The applicant has demonstrated that the septic system is adequate, there is an existing well and is accessed by a municipally maintained road. Therefore the property is adequately serviced and a bed and breakfast establishment is permitted. Development Services Meeting Date February 10, 2010 Report No. DS 2010-011 Page 4 of 7 Page 11 of 89 Agenda Item # 10a) - Report No. DS 2010-011, Andria Leigh, Director of Developmen... The proposed Amendment to the Zoning By-law is considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow Growth Plan for the Greater Golden Horseshoe policies that have been in place since 2006. The Growth Plan calls for creating complete communities, whether urban or rural, based on a well- designed mix of residential, recreation and commercial uses. In policy 2.2.9 "Rural Areas" of the Growth Plan, development is directed to settlement areas, except where necessary because it is related to the management or use of resources. A healthy living themed bed and breakfast establishment, with associated walking trails, is development related to resources and is considered to be a reasonable rural use. The use is permitted and therefore the proposal is deemed to conform to the Growth Plan. CONSULTATIONS: County of Simcoe- No Comment Simcoe County District School Board- No Objection Nottawasaga Valley Conservation Authority - No Concerns Internal Departments - No Concerns Public Meeting - No Concerns ATTACHMENTS: Schedule 1. Location Map I CONCLUSION: The Zoning Amendment application proposes to place the property in a site specific zone with the permission to operate a bed and breakfast establishment. The proposed Zoning By-law Amendment conforms to the Official Plan and Growth Plan policies, is consistent with the PPS and complies with the applicable provisions of the Zoning By- law. On this basis, it is recommended that Zoning By-law Amendment Application 2009- ZBA-24 be approved and adopted by Council. The amending Zoning By-law Amendment, which contains an exception to permit a bed and breakfast establishment, with a Holding provision, is attached for the Council's reference. Development Services Meeting Date February 10, 2010 Report No. DS 2010-011 Page 5 of 7 Page 12 of 89 Agenda Item # 10a) - Report No. DS 2010-011, Andria Leigh, Director of Developmen... Respectfully submitted: Awa--- Meghan Keelan, B.E.S Planner Reviewed by: Andria Leigh, MCIP RPP Director of Development Services SMT Approval / Comments: j(~l Development Services Meeting Date February 10, 2010 Report No. DS 2010-011 Page 6 of 7 Page 13 of 89 Agenda Item # 10a) - Report No. DS 2010-011, Andria Leigh, Director of Developmen... SCHEDULE 1: LOCATION MAP 2009-ZBA-24 {Frost B & B} KH 11 11 1 F- O j r fr . Y V f BASS L AKE SIDEROAD LO U W. LU rs7 T1 1JJ 7 I ® SUBJECT LANDS [ 0 100200 400 600 800 i Meters Development Services Meeting Date February 10, 2010 Report No. DS 2010-011 Page 7 of 7 Page 14 of 89 Agenda Item # 11 a) - Mayor H.S. Hughes, re: Confidentiality in Mediation. 670 OSGOODE HALL LAW JOURNAL VOL. 36 NO.4 III. THE NEED FOR CONFIDENTIALITY IN MEDIATION It is generally thought that an expectation of confidentiality on the part of participants is critical to a successful mediation orocess.3 one possible rationale for this 20 One explanation is that concessions and offers made in settlement discussions are excluded as irrelevant because they are hypothetical, conditional, or reflect only a desire to purchase peace, and therefore cannot constitute admissions. Another is that when parties to a dispute engage in communications made expressly or impliedly "without prejudice," they do so subject to an implied agreement to preserve confidentiality. The third possible explanation is that settlement communications are excluded on grounds of public policy, because there is a public interest in encouraging the settlement of disputes without involving the courts. 3 See J. Folberg &A. Taylor, Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation (San Francisco: Jossey-Bass, 1984) at 264; L.R. Freedman & M.L. Prigoff, "Confidentiality in Mediation: The Need for Protection" (1986) 2 Ohio St. J. on Disp. Resol. 37; M.L. Prigoff, "Toward Candor or Chaos: The Case of Confidentiality in Mediation" (1988) 12 20 See D. Vaver, "`Without Prejudice' Communications-Their Admissibility and Effect" (1974) 9 U.B.C. L. Rev. 85; P.M. Perell, "The Problems of Without Prejudice" (1992) 71 Can. Bar Rev. 223; and J. Sopinka, S.N. Lederman & A.W. Bryant, The Law of Evidence in Canada (Markham, Ont.: Butterworths, 1992) at 719-22. Confidentiality of mediation process upheld by Ontario court Page 1 of 2 LOCUM Serving Canada's Legal Community Since 1983 Confidentiality of mediation process upheld by Ontario court: Clearly, confidentiality is a hallmark of the mediation process, and the expectations of the participants in a mediation should be protected. This decision of Justice Swinton achieves that end. It will be interesting to monitor future developments in the wake of this pronouncement from our Divisional Court. Deborah C. Anschell practises in Toronto as a full-time mediator. She specializes in personal injury, insurance litigation cases, and employment law matters. Page 15 of 89 Agenda Item # 11 c) - Mayor H.S. Hughes, corrrespondence dated February 9, 2010 fr... Irwin, Doug From: Weller, Jennie (ENE) [Jennie.Weller@ontario.ca] Sent: Tuesday, February 09, 2010 4:52 PM To: Weller, Jennie (ENE) Subject: Lake Simcoe Protection Plan - Information Sessions Attachments: Poster-Feb 9.pdf Hello, As a key stakeholder in the watershed, we invite you to learn about the implementation of the Lake Simcoe Protection Plan. We will be providing information on the following initiatives: A Draft Phosphorus Reduction Strategy to reduce Phosphorus loadings in Lake Simcoe through a holistic and adaptive management approach. A Water Quality Trading Feasibility Study to examine Water Quality Trading as a potential tool to reduce phosphorus loadings in the Lake Simcoe watershed. A Shoreline Protection Regulation Concept that outlines proposed regulatory policies that would affect specific activities along the shores of lakes and streams and in or near wetlands that could negatively impact the health of the Lake Simcoe watershed. Lake Simcoe Protection Plan Amendments are being proposed to update policies related to the implementation of the Phosphorus Reduction Strategy, revise timing for the delivery of a number of strategic actions and other administrative changes. Additional Lake Simcoe Protection Plan amendments are likely as new science becomes available and policy implementation continues. Future amendments may be applied to the shoreline protection regulation, including an amendment to describe the area to which a shoreline regulation may apply. We are holding four afternoon and evening information sessions across the Lake Simcoe watershed. Our afternoon sessions will focus more on municipal planning and infrastructure related issues, but are open to all. The sessions will be held in the following locations: NEWMARKET Wednesday, February 17, 2010 Information Session: 1:00 pm - 4:00 pm Public Information Session: 6:00 - 8:00 pm Newmarket Community Centre 200 Doug Duncan Drive Newmarket, Ontario UXBRIDGE Thursday, February 25th, 2010 Information Session: 1:00 pm - 4:00 pm Public Information Session: 6:00 - 8:00 pm Uxbridge Library 9 Toronto Street South Uxbridge, Ontario BARRIE Monday, February 22, 2010 Information Session: 1:00 pm - 4:00 pm Public Information Session: 6:00 - 8:00 pm South Shore Centre 205 Lakeshore Drive Barrie, Ontario RAMARA Wednesday, March 3, 2010 Information Session: 1:00 pm - 4:00 pm Public Information Session: 6:00 - 8:00 pm Udney Community Centre 2347 Concession Road 10, Udney Township of Ramara, Ontario We are also inviting you to attend an additional special technical session to discuss the details of the Water Quality Trading Feasibility Study. The consultants who completed the study will be available to answer technical questions from participants. This session will be held on March 2nd, 2010 from 9:00 a.m. to 12:00 p.m. at the Newmarket Community Page 16 of 89 Agenda Item # 11 c) - Mayor H.S. Hughes, corrrespondence dated February 9, 2010 fr... Center - Hall 2, 200 Doug Duncan Drive, Newmarket, Ontario. For this event, please RSVP to Jennie Weller (contact information below). To receive more information please contact Jennie Weller, Lake Simcoe Project Team at Jennie.Weller@ontario.ca or by phone at 416.327.9867. Please leave your name, contact number and email. A poster is attached to this email with information about the evening sessions. We encourage you to forward it to others who may be interested in attending. Jennie Weller Senior Outreach and Consultation Coordinator Lake Simcoe Project - Ministry of the Environment 55 St. Clair Ave. West - 7th Floor Toronto, Ontario M4V 2Y7 Phone: 416. 327.9867 Fax: 416.327.9823 email: iennie.weller@ontario.ca Page 17 of 89 Agenda Item # 11 e) - Deputy Mayor Hough, re: Nottawasaga Valley Conservation Auth... H. yA_ Page No 1. 2. 3. NOTTAWASAGA VALLEY CONSERVATION AUTHORITY BOARD OF DIRECTORS #02-10 AGENDA Date: Friday 12 February, 2010 Time: 9:00 a.m. Location: John L. Jose Learning Centre, Tiffin Conservation Area, Utopia, On CALL TO ORDER MOTION TO ADOPT AGENDA PECUNIARY INTEREST DECLARATION 4. IN-CAMERA Resolution: RESOLVED THAT: This meeting of the Board of Directors No. 02-10 go "In-Camera" at to address matters pertaining to: . litigation or potential litigation, including matters before administrative tribunals, affecting the Authority; and, THAT: In accordance with the Municipal Conflict of Interest Act, Sec. 2(a) (iii), Sec. 5 (1) & (2) the members from the Township of Oro-Medonte, namely Mayor Harry Hughes and Deputy Mayor Ralph Hough be absent from the "In-Camera" session (BOD 02-10); therefore BE IT RESOLVED: That the following staff representing the NVCA be in attendance: Wayne R. Wilson, B.Sc., Chief Administrative Officer/Secretary-Treasurer, Susan Richards, Manager Administration & Human Resources, and Laurie Barron, Executive Assistant/Recorder; and FURTHER THAT: Mr. Daniel Pascoe, Registrar and Mediator for the Mining and Lands Commissioner and Mr. Ken Hill, NVCA Solicitor be in attendance via conference call. OUT OF IN-CAMERA Resolution: RESOLVED THAT: This meeting of the Board of Directors, come out of "in-Camera" at and report. 5. EXECUTIVE COMMITTEE RECOMMENDATIONS Note: The following resolutions were prepared at the request of the NVCA Executive Committee and reviewed by the NVCA solicitor for Board Member consideration. 5.1 Resolution: WHEREAS: The Township of Oro-Medonte appealed the NVCA 2009 budget to the Ontario Mining and Land Commissioner; and WHEREAS: at a Mediation meeting on April 8, 2009, the Township's representatives suggested that the matter could be resolved if the watershed boundaries were re- drawn to revert to the pre-2003 borders (ie, remove the Severn portion from NVCA jurisdiction); and Page 18 of 89 Agenda Item # 11 e) - Deputy Mayor Hough, re: Nottawasaga Valley Conservation Auth... BOARD OF DIRECTORS AGENDA MEETING No: 02-10 12 February, 2010 Page 2 of 9 Page No. WHEREAS: neither the NVCA nor the Mining and Lands Commissioner has the power to change such boundaries; and in fact the Oro-Medonte suggestion exceeds the jurisdiction of the Mining and Lands Commissioner pursuant to sub section 27(8) of the Conservation Authorities Act; and WHEREAS: the NVCA representatives at the mediation therefore agreed to enter into a process to explore the possibility of having the NVCA boundaries amended as proposed by the Township if the Township brought a suitable motion before the NVCA Board; and WHEREAS: a Mediation Resolution signed by the parties that day sets out an agreed to process; and WHEREAS: the NVCA has been ready and willing to proceed as set out in the Mediation Resolution; and WHEREAS: the NVCA, Oro-Medonte and Severn Sound Environmental Association staff are currently working on a tripartite MOU for the delivery of conservation services within the Severn portion of Oro-Medonte in the best interest of the protection of the environment, and effective utilization of staff and resources; therefore BE IT RESOLVED: that the NVCA requests that Oro-Medonte execute a consent to dismissal of the above-noted matter so the parties may request an immediate dismissal of their appeal by the Mining and Lands Commissioner, with no order as to costs and; further THAT: in the event that Oro-Medonte does not, that the NVCA file a motion for dismissal of the appeal to the Ontario Mining and Lands Commission. 5.2 Resolution: WHEREAS: the NVCA, Oro-Medonte and Severn Sound Environmental Association staff are currently working on a tripartite MOU for the delivery of conservation services in the best interest of the protection of the environment, and effective utilization of staff resources for the Severn portion of Oro-Medonte; therefore BE IT RESOLVED: that the NVCA requests that Oro-Medonte by Council resolution provide clear direction to the NVCA as to their intentions regarding the possibility of redrawing of the Conservation Authority boundaries in the Severn portion of Oro- Medonte on or before April Wh 2010. 6. MINUTES 6.1 Minutes of the Board of Directors Meeting 12109 dated 8 January, 2010. Resolution: RESOLVED THAT: The Minutes of the Board of Directors Meeting 12109 dated 8 January, 2010 be approved. Page 19 of 89 Agenda Item # 11f) - Councillor Coutanche, Packet & Times article dated February The Orillia Packet & Times Page 1 of 1 PACKEr" III - & TIMES Back Council-building project seeking a few good candidates for office Pasted 7 hours ago For some time now I have been concerned about voter apathy and the quality of municipal governance. In an effort to identify those with similar concerns, I hosted a public meeting at Swanmore Hall on Oct. 8. From that meeting, I was able to find individuals of varying backgrounds who shared my concerns and who were willing to assist in developing a public non-partisan program. There are three goals we hope to accomplish from this public process: To encourage interested individuals to seek a council seat in the upcoming election To encourage interested citizens to recruit candidates To help someone to run as a candidate It is the second bullet point that I wish to address in this letter. It is my understanding that the ideal tax model of any municipality is 75% tax revenue from industry and business, and 25% from residential (I am aware that rarely, if ever, is this model achieved). In addition, council decisions can have a profound impact on industry and business operation operations by way of regulations, fees, zonings, etc. Because we believe that successful industrial and business operations are led by competent, motivated people, we are writing this letter to you. "Good governance is good for business." We would also like to challenge those who give leadership and take part in service clubs and non-profit organizations. Clearly you demonstrate an interest in your community and we would urge you to become part of the council- building project. An important part of any successful council is an engaged electorate. These are people who offer themselves as candidates or seek to recruit others. Firstly, we would encourage you to consider being a candidate. If not, then we would challenge you to put forth a committed effort to identify candidates from among your business associates or your circle of friends and support them. The next public meeting will take place at St. James' Anglican Church Hall, located at 58 Peter St. N (corner of Peter Street and Coldwater Street), on Wednesday, Feb. 17, from 5:30 p.m. - 7 p.m. Coun. Mel Coutanche of Oro Medonte will address the question of customer satisfaction. Doug Lewis, Orillia Copyright © 2010 The Orillia Packet & Times httD://www.orilliaDacket.com/PrintArticle.asnx?e=2442790 2110/2010 Page 20 of 89 Agenda Item # 12b) - Minutes of Oro-Medonte Environmental Group Advisors meeting THE TOWNSHIP OF ORO-MEDONTE ORO-MEDONTE ENVIRONMENTAL GROUP ADVISORS (OMEGA) MEETING MINUTES Council Chambers Thursday, January 21, 2010 7:03 p.m. Present: Councillor Mel Coutanche, Co-Chair Councillor Sandy Agnew, Co-Chair Robert Barlow, John Bosomworth, Allan Johnson, David Kennedy, Josephine Martensson-Hemsted, Wilf McMechan, Gerry Murphy, Doug Shelswell, Mike Vandergeest, Kimberly Wand Regrets: Mayor H.S. Hughes Councillor Terry Allison, Co-Chair Steve Cromwell, Meryl Drake, David Edwards, Ruth Fountain, Andy McNiven Staff Present: Marie Brissette, Committee Coordinator Also Present: John Crawford, Andrew Miller OPENING OF THE MEETING Councillor Agnew assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt agenda Motion No. OMEGA1 001 21-01 Moved by Martensson-Hemsted, Seconded by Kennedy It is recommended that the agenda for the Oro-Medonte Environmental Group Advisors meeting of Thursday, January 21, 2010 be received and adopted. Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None declared. Page 1 of 4 Page 21 of 89 Agenda Item # 12b) - Minutes of Oro-Medonte Environmental Group Advisors meeting OMEGA Minutes - Thursday, January 21, 2010 4. MINUTES OF PREVIOUS MEETING: a) Motion to adopt minutes Motion No. OMEGA100121-02 Moved by Bosomworth, Seconded by Johnson It is recommended that the minutes of the OMEGA meeting held on November 19, 2009 be adopted as printed and circulated. Carried. 5. PRESENTATIONS: a) Andrew Miller, re: Community Gardens. Mr. Miller reviewed the initiative "Back To Basics", being a volunteer based group that grows fresh produce to be donated to local charitable organizations. An interview from Global Nation News at http://www.g,lobainational.co /search/index.html?g=andrew%20miller was viewed. Motion No. OMEGA1 001 21-03 Moved by Barlow, Seconded by Martensson-Hemsted It is recommended that the information presented by Andrew Miller, re: Community Gardens be received. Carried. 6. ITEMS FROM PREVIOUS MEETING: a) Update on correspondence dated May 4, 2009 from Holly Lillico, re: Rain Barrels. The item was deferred to the March 18, 2010 meeting. 7. WORKING GROUP UPDATES: a) Oro Moraine - Oro Moraine Report Card. Discussions. b) Water Quality / Lake Management Discussions. c) Zero Waste - Update Discussions. Page 2 of 4 Page 22 of 89 Agenda Item # 12b) - Minutes of Oro-Medonte Environmental Group Advisors meeting OMEGA Minutes - Thursday, January 21, 2010 8. COMMUNICATIONS: None. 9. OTHER BUSINESS / QUESTIONS a) Issues / opportunities from Council Discussions. b) Update on 2010 Budget Discussions. c) Funding Ideas Discussions. d) Issues and Opportunities List Updated Discussions. e) Education Opportunities Discussions. f) North Simcoe News Input / Write Ups / Issues Discussions. 10. NEXT MEETING DATE Thursday, March 18, 2010 at 7:00 p.m. Page 3 of 4 Page 23 of 89 Agenda Item # 12b) - Minutes of Oro-Medonte Environmental Group Advisors meeting OMEGA Minutes - Thursday, January 21, 2010 11. ADJOURNMENT a) Motion to adjourn. Motion No. OMEGA100121-04 Moved by Vandergeest, Seconded by Murphy It is recommended that we do now adjourn at 8:07 p.m. Carried. Councillor Sandy Agnew, Co-Chair Councillor Mel Coutanche, Co-Chair Absent Councillor Terry Allison, Co-Chair Marie Brissette, Committee Coordinator Page 4 of 4 Page 24 of 89 Agenda Item # 13a) - Minutes of Midland Public Library Board meeting held on Dece... a JAN 2 0 2010 I MIDLAND PUBLIC LIBRARY BOARD MEETING _ Page 1 of 7 DATE: December 17, 2049 at 2:00 PM LOCATION: Midland Public Library Boardroom PRESENT:, V. Barycky, B. Desroches, J. Swick, V. Nihill, P. File, J. LeFebvre, REGRETS: A. Campbell, G.A. Walker, R. Hackney, C. Moore STAFF: G. Griffith, Recording Secretary, B. Molesworth, CEO ITEM ISSUE ACTION 1. Call to Order Vice Chairman, J. Swick, called the meeting to order at 2:07 p.m. 2 Approval of the agenda Moved by: V. Barycky Seconded by: B. Desroches That the agenda be approved, as circulated. 3. Approval of the minutes of the previous meeting Moved by: V. Nihill Seconded by: J. LeFebvre That the minutes of the Board meeting held on November 12, 2009 be approved. 4. Business arising from the minutes 4.1 Budget 2010 B. Molesworth distributed a draft copy of a letter addressed to the Mayor and Council. He reviewed the outcome of Council's deliberations in relation to the Library's proposed Operating budget for 2010. A 15% increase in the collections lines was approved along with increases to budget lines that will allow us to run the building, physical, such as hydro and natural gas. The four part-time positions asked for were all taken out. Council suggested that we share expertise from the Police Department to help cover our increased IT needs. Our custodian has some suggestions as to how we deal with cleaning a building twice the size with no extra help. B. Molesworth has had discussions with Library Board Chairman, G.A. Walker and she has approved the letter to be sent to Mayor and Council. B. Molesworth asked the Board members present for their reaction and comments. CARRIED CARRIED Page 25 of 89 Agenda Item # 13a) - Minutes of Midland Public Library Board meeting held on Dece... MIDLAND PUBLIC LIBRARY BOARD MEETING DATE: December 17, 2009 LOCATION: Midland Public Library Boardroom Page 2 of 7 ITEM I ISSUE ACTION 4. Business arising from the minutes - continued V. Barycky stated that we need to go on record about the Board's concerns. V. Nihill agreed and said the new building is creating a lot of interest in the Town. The meeting rooms will draw more people to the building. A discussion ensued about the zero percent increase for non-union Staff. This withholding of a pay increase affects, not only Managerial Staff, but all Library employees as they are all non-union. J. Swick called for a motion. Moved by: V. Barycky Seconded by: J. Lefebvre That the Board send a letter of concern to Mayor and Council regarding the 2010 Operating Budget. Note: The vote was five in favour of the motion. Councilor, P. File abstained. Approval of the accounts A question was raised about the Library having to pay for the new bus shelter. B. Molesworth explained that the old one, that had to be removed to make way for the construction, was so rusted out it couldn't be reused. P. File asked about the payment to the contractor Monteith. B. Molesworth responded that every step is inspected and approved by the Architect to make sure all items are completed before payment is made. J. Swick asked about the purchase of laptops and voiced concern about the security of same. B. Molesworth replied that all, when not in use, are currently locked away in an office and that a lockable cart will be purchased for them. Moved by: B. Desroches Seconded by: V. Barycky That the accounts for the month of November 2009 totalling $720,711.95 be approved. CARRIED CARRIED Page 26 of 89 Agenda Item # 13a) - Minutes of Midland Public Library Board meeting held on Dece... MIDLAND PUBLIC LIBRARY BOARD MEETING DATE: December 17, 2009 LOCATION: Midland Public Library Boardroom Page 3 of 7 ITEM ( ISSUE ACTION 6. Reports of Board Committees 6.1 Finance Committee The Library's financial statement for the eleven months ending November 30, 2009 was distributed. B. Molesworth explained that the annual grant from the Province has still not been received but will be coming soon and that a cheque just received from the Township of Tiny, in the amount of approximately $21,000.00 is not reflected here. There is also an amount currently in a Library Collections Fundraising expense line that will be changed to a Capital Fundraising expense. The report was adopted. 6.2 Fundraising Committee - Community Campaign Launch B. Molesworth reported that there has been some good news in that some commitments have been made to the Committee. F. Kemp has been approaching companies and our suppliers on her own. M. Thor and J. Swick have approached an individual that is showing some interest in the project. The Rotary Club should come through with a minimum donation of $25,000.00. The Banks that have been approached may wait until their year end is over and commit in the New Year. The Township of Tiny still has our request for $100,000.00 in their budget, but it's early yet. Unfortunately, the last large Federal infrastructure application was denied. The application for the Trillium grant has been sent. The amount allowed has been doubled to $150,000.00 from $75,000.00. The $75,000.00 is already reflected in the budget. Momentum is building in the corporate campaign. F. Kemp is now looking at launching the community campaign on February 20, 2010. B. Molesworth has spoken with his contacts at the International Festival of Authors about the possibility of having some authors come up for the event. It will also include a children's component. It looks quite promising. V. Barycky voiced concern about the amount of money already paid out to our Fundraiser, F. Kemp, and asked how much we have actually raised. B. Molesworth responded that we currently Page 27 of 89 Agenda Item # 13a) - Minutes of Midland Public Library Board meeting held on Dece... MIDLAND PUBLIC LIBRARY BOARD MEETING Page 4 of 7 DATE: December 17, 2009 LOCATION: Midland Public Library Boardroom ITEM ISSUE I ACTION 6 Reports of Board Committees - continued have $6,000.00 in hand. V. Barycky commented that we are then $44,000.00 in the hole. B. Molesworth spoke in F. Kemp's defense, saying that she has been persistent and worked hard. J. Swick, as a member of the Fundraising Committee, added that there is a lot in the works and that F. Kemp has really been trying hard. He went on to say that commitments will likely come in the New Year. P. file asked if there might be more opportunities for grant applications in the New Year. B. Molesworth responded that we are keeping abreast of any and all possible grants. Governments are cutting back on infrastructure grants, but F. Kemp is approaching other private foundations like the President of the TD Bank who has his own foundation. P. File asked if F. Kemp could provide a list of the Foundations that have been approached. B. Molesworth said yes, a list can be provided and will be available for the next Board meeting. 6.3 Building Committee - Progress/Schedule B. Molesworth reported that a good deal of progress has been made on the expansion. It is almost all closed in. The contractor's intention is to have it completely closed in by the first week in January. The masonry work will continue when the weather warms up a bit. The rest of the schedule is as follows: Contractor takes possession of basement/Reference Department January 25; 2010. Reference to move out the week before. There will be no Internet access until we move and open in the expansion. Close completely for two weeks starting February 26, 2010 to move into expansion. We will open with a temporary Circulation area in the new Assembly room, with limited Internet. Accessibility will not be available until we open in mid June. Page 28 of 89 Agenda Item # 13a) - Minutes of Midland Public Library Board meeting held on Dece... MIDLAND PUBLIC LIBRARY BOARD MEETING DATE: December 17, 2009 LOCATION: Midland Public Library Boardroom Page 5 of 7 ITEM I ISSUE ACTION 6. Reports of Board Committees - continued Close again the last week in May for 3 weeks and then open entire facility in mid June 2010. B. Molesworth will get something in the newspaper informing the public in early January. B. Molesworth raised an idea with the Board about potential donors being given a tour of the building to see how it's coming along and see the potential for areas to donate toward. However, anyone gaining access to the site has to be wearing a hard hat and safety boots. B. Molesworth proposed that he purchase a type of rubber steel toed boot at $60.00 a pair. V. Barycky said she may have several hard hats at home that she could lend. It was agreed that B. Molesworth will buy 3 or 4 pairs of the rubber boots and that he will contact V. Barycky about what she has in hand in the way of hard hats. 6.4 Report from the Friends of the Midland Public Library There hasn't been a meeting recently, so no report. 7 New business 7.1 Dr. Daniel Laurin / Mr. N. Green B. Molesworth began with the issue of Mr. N. Green's claim that cracks have appeared throughout his house due to the construction of the Library expansion. The Town of Midland building Inspector, Terry Paquette, has examined the house and says the cracks probably are due to the construction. B. Molesworth has obtained a quote, from a local trades person, of approximately $2,500.00 to fix the cracks. Mr. Green, however, is now asking that we pay to have the interior painted, as well. J. Swick suggested, as a compromise, that we offer to fix the cracks and that we will supply the paint. The Board agreed with this approach. B. Molesworth will contact Mr. Green. Page 29 of 89 Agenda Item # 13a) - Minutes of Midland Public Library Board meeting held on Dece... MIDLAND PUBLIC LIBRARY BOARD MEETING DATE: December 17, 2009 LOCATION: Midland Public Library Boardroom Page 6 of 7 ITEM I ISSUE ACTION 7 New business - continued In the matter of Dr. Laurin, Board members were sent the correspondence that has gone back and forth between Dr. Laurin, Mayor, J. Downer and B. Molesworth regarding his contention that he was told that he would have his roof replaced as part of the construction project. The recollection of B. Molesworth and Architect J. Knibb is quite different from Dr. Laurin's. At no time did they offer to replace his roof. Dr. Laurin is now threatening to sue. A lengthy and thorough discussion ensued after which it was suggested that legal advice be sought. B. Molesworth will speak with one of the lawyers he knows from Rotary. He will also write to Dr. Laurin advising him of the Board's thoughts on this issue. 7.2 Knowledge Ontario B. Molesworth began by explaining what Knowledge Ontario is. They are a provincially funded body that provides free electronic resources to Public Libraries. As a result, there are about 43 databases that are available through our website. Knowledge Ontario has contacted us asking for our support as the Province is cutting their funding and they are running out of money. They have asked that the Board pass a motion of support to be sent to the Minister of Culture. Moved by: B. Desroches Seconded by: V. Nihill That the Midland Public Library Board values the programs delivered by Knowledge Ontario and supports Knowledge Ontario's request for sustainable funding from the provincial government and will send a letter to the Minister of Culture emphasizing these points. CARRIED Page 30 of 89 Agenda Item # 13a) - Minutes of Midland Public Library Board meeting held on Dece... MIDLAND PUBLIC LIBRARY BOARD MEETING Page 7 of 7 DATE: December 17, 2009 LOCATION: Midland Public Library Boardroom ITEM ISSUE ACTION 8. Information 8.1 Chief Librarian's Report B. Molesworth informed the Board about the installation of the Library's new ILS. Staff have worked above and beyond to bring the new system, AGent Verso, to readiness. The Board formally commends B. Fullerton and A. Aneroussos for their hard work and the successful completion of the transition to the new ILS. A way of acknowledging their efforts was discussed. J. LeFebvre suggested the purchase of gift certificates for each of them for a dinner out. Moved by: J. LeFebvre Seconded by: V. Nihill That the Board approves an expenditure of $200.00 in appreciation of B. Fullerton and A. Aneroussos exceptional efforts in the successful introduction of the Library's new Integrated Library System. 9. Adjournment Moved by: B. Desroches That the meeting be adjourned at 3:15 p.m. 3 f~ f Chairman of the Board A Chief Librarian CARRIED Page 31 of 89 Agenda Item # 13b) - Correspondence dated January 28 2010 from Town of Innisfil r lPP ^ TOWN OF INNISFIL 2101 INNISFIL BEACH ROAD INNISFIL, ONTARIO L9S 1A1 TEL: (705) 436-3710 • FAX: (705) 436-7120 TOLL FREE : 1-888-436-3710 WEB SITE: www.innisfil.ca January 28, 2010 Township of Oro-Medonte 148 Line 7 South, Box 100 Oro, Ontario LOL 2x0 FEB a 1 2010 Attention: Doug Irwin, Clerk Dear Mr. Irwin: RE: NVCA Third Party Review - Correspondence dated December 10, 2049 from Township of Adjala-Tosorontio We are in receipt of a copy of your resolution, dated January 6, 2010, relative to the above-noted subject. Please be advised that a copy of your resolution was provided to Members of Council and Management for their information. In accordance with Information List No. 01-10, dated January 20, 2010, your resolution has been received as information and filed. If you should have any further questions or comments, please do not hesitate to contact our office. Yours truly, 4atone S Committee Coordinator Clerk's Services Innisfil - Where Opportunity Meets Prosperity Page 32 of 89 Agenda Item # 13b) - Correspondence dated January 28 2010 from Town of Innisfil r January 6, 2010 Mr. Wayne Wilson CAO/Secretary-Treasurer Nottawasaga Valley Conservation Authority 81958 1h Line Utopia, ON LOM 1 TO T( h )f Proud Heritage, Exciting Future Re: NVCA Third Party Review Correspondence dated December 10, 2009 from Township of Adjala-Tosorontio Dear Mr. Wilson: Council, at the Committee of the Whole meeting held on December 16, 2009 passed the following motion with respect to the above-noted matter. "It is recommended 1. That the Township of Oro-Medonte request that the independent review of NVCA Planning Program be expanded to include a comprehensive review of all NVCA programs, overall NVCA governance, and a compliance audit. 2. That this review be included in the proposed NVCA 2010 budget, as distributed for consideration in December 2009. 3. And That this resolution be forwarded to all NVCA member municipalities for their consideration and support." Please find attached, a copy of the said correspondence. Yours truly, 1 oug I i Clerk /jt cc: Mayor and Members of Council Robin Dunn, Chief Administrative Officer NVCA Member Municipalities 148 Line 7 South, Box 100 P: (705) 487-2171 Www om-medonte.ca Oro, Ontario LOL 2X0 F: (705) 487-0133 Page 33 of 89 Agenda Item # 13b) - Correspondence dated January 28 2010 from Town of Innisfil r < n Y BY E-MAIL ONLY December 10, 2009 Mr. Wayne Wilson Nottawasaga Valley Conservation Authority 8195 8s' Line Utopia, Ontario LOM 1T0 Office of the Clerk Dear Mr. Wilson: Re: NVCA 3rd party review The Township Council at the meeting Monday December 7, 2009 passed the following resolution. Please be advised that the following motion was made by Deputy Mayor Little, seconded by Councillor Cook: BE IT RESOLVED THAT Council requests the Nottawasaga Valley Conservation Authority to look beyond the scope of the planning requirements in their third party review and incorporate a review of all their mandated programs; THAT the Nottawasaga Valley Conservation Authority increase their budget accordingly for the third party review to ensure a complete and comprehensive report; AND THAT Council request that such report be completed by March 2010; AND THAT a copy of this resolution be forwarded to all member municipalities. Yours truly, aNbzll~ Barbara Kane Township Clerk THE CORPORATION OF THE TOWNSHIP OF ADJALA - TOSORONTIO 7855 Sideroad 30 * R.R.#l * Alliston, Ontario * L9R 1V1 Telephone: (705) 434-5055 Fax: (705) 434-5051 Page 34 of 89 Agenda Item # 13c) - Correspondence dated January 28, 2010 from Town of Innisfil TOWN OF INNISFIL 2101 INNISFIL BEACH ROAD INNISFIL, ONTARIO L9S 1A1 TEL: (705) 436-3710 • FAX: (705) 436-7120 TOLL FREE :1-888-436-3710 WEB SITE: www.innisfilxa January 28, 2010 Township of Oro-Medonte 148 Line 7 South, Box 100 Oro, Ontario LOL 2X0 Attention: Doug Irwin, Clerk Dear Mr. Irwin: RE: Minutes of Nottawasaga Conservation Authority meeting held on October 9, 2009 We are in receipt of a copy of your resolution, dated December 10, 2009, relative to the above- noted subject. Please be advised that a copy of your resolution was provided to Members of Council and Management for their information. In accordance with Information List No. 01-10, dated January 20, 2010, your resolution has been received as information and filed. If you should have any further questions or continents, please do not hesitate to contact our office. Yours truly, tna. Stone Committee Coordinator Clerk's Services Innisfil - Where Opportunity Ueets Prosj~erity Page 35 of 89 Agenda Item # 13c) - Correspondence dated January 28, 2010 from Town of Innisfil T oaf December 10, 2009 Proud Heritage, Exciting Future Wayne Wilson, CAO/Secretary Treasurer Nottawasaga Valley Conservation Authority 8195 8th Line Utopia, ON LOM 1TO Re: Minutes of Nottawasaga Conservation Authority meeting held on October 9, 2009 Dear Mr. Wilson, At its regular Council meeting of December 9, 2009 Council of the Township of Oro•Medonte received the minutes of the Nottawasaga Valley Conservation Authority meeting of October Stn, 2009 and the following motion was carried through a recorded vote: "Be it resolved that: Whereas the Nottawasaga Valley Conservation Authority (NVCA) communications and meeting minutes up to and including October 9, 2009, state "Oro-Medonte Request to Reduce CA Jurisdiction"; And Whereas public agencies, such as municipalities and conservation authorities, strive to ensure transparency and avoid the use of potentially misleading statements; Now Therefore the Township of Ora-Medonte formally requests the NVCA avoid abbreviating the Mediation Resolution of April 8, 2009, and ensures that all public documentation and meeting minutes clearly reflects the Mediation Resolution statement which reads: "Nottawasaga Valley Conservation Authority representatives hereby request that The Corporation of the Township of Oro-Medonte put a resolution before the Board of the Nottawasaga Valley Conservation Authority to alter the "Ora-Medonte" boundaries back to their "original watershed basis"..." And That all NVCA municipalities be requested to support Oro-Medonte's request for clear and accurate iderntification of the Mediation Resolution between NVCA and Oro- Medonte, in all public documentation and.meeting minutes of the NVCA" 148 Line 7 South, Box 100 P: (705) 487-2171 www oro-medontexa Oro, Ontario LOL 2X0 F: (705) 487-0133 Page 36 of 89 Agenda Item # 13c) - Correspondence dated January 28, 2010 from Town of Innisfil A recorded vote was requested by Councillor Crawford. Nay - Councillor Agnew Yea - Councillor Allison Yea - Councillor Coutanche Yea - Councillor Crawford Yea - Councillor Evans Yea - Deputy Mayor Hough Yea - Mayor Hughes Should you require further information, please contact the undersigned Yours truly, /Ik /ii cc: Nottawasaga Valley Conservation Authority Watershed Municipalities Mayor and Members of Council Robin Dun, CAO Andria Leigh, Director of Development Services Page 37 of 89 Agenda Item # 14a) - Oro-Medonte Chamber of Commerce, Annual Business Achievement... Page 38 of 89 Agenda Item # 14a) - Oro-Medonte Chamber of Commerce, Annual Business Achievement... T_.v ~d!%! T~. - ry-•--~~'~~:~F`' : • fir! 4 i;' ` "o ErvMaL xwAm, -r5 A g Page 39 of 89 Agenda Item # 14b) - Correspondence dated February 10, 2010 from Helen and Guenth... From: Helen Wellnhofer Sent: Wednesday, February 10, 2010 9:24 AM To: Hughes, Harry Cc: Sarah Webster Subject: Item 66-69 for Council Feb. 10 2010 Dear Mayor Hughes and Council We note that today Council will be voting for a change to the By-Law which will allow ice fishermen to access their huts via ATV on some sections of Lakeshore Rd. We agree with this but at the same time want to be sure that this does not set a precedent to allow ATV's on other township roads in order to access the trails in the Simcoe County Forest. Sincerely Helen and Guenther Wellnhofer Page 40 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-015 A By-law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro-Medonte and The Corporation of the City of Barrie for the establishment of a Municipal Services Corporation (Lake Simcoe Regional Airport) And to Repeal By-law Nos. 2002-060 and 2002-061 WHEREAS the City of Barrie and the Township of Oro-Medonte are members of the existing non-share capital corporation incorporated under the Corporations Act (Ontario) under the name "Lake Simcoe Regional Airport" ("LSRA"); AND WHEREAS the LSRA manages and operates a regional airport ("Airport") capable of handling a broad range of aircraft, including helicopters and commercial jet aircraft; AND WHEREAS the City of Barrie, the Township of Oro-Medonte and the City of Orillia previously entered into an agreement made the 10`x' day of June, 2002 (the "Old Agreement") in relation to the management, operation and governance of the Airport; AND WHEREAS section 203(1) of the Municipal Act, 2001 (Ontario) and Ontario Regulation 599/06 (as amended by Amended Ontario Regulation 371/07) permits the establishment of a new corporation ("Newco") formed under the Business Corporations Act (Ontario) ("OBCA") and designated as a "municipal services corporation"; AND WHEREAS the proposed name of Newco is the "Lake Simcoe Regional Airport Inc."; AND WHEREAS as required by the Municipal Act, 2001 (Ontario) and related Regulations in connection with forming a "municipal services corporation", the Township of Oro-Medonte will be required to (i) prepare a "Business Case Study" in respect to Airport and the proposed transfer of its assets and liabilities to Newco (as per Section 6 of the Regulations), (ii) hold "public consultations" with the public about the proposal to establish Newco (as per Section 8 of the Regulations) and (iii) adopt and maintain an asset transfer policy ("Asset Transfer Policy") in respect to transfers to corporations (as per Section 7 of the Regulations), AND WHEREAS the City of Barrie and the Township of Oro-Medonte propose to enter into a new agreement (the "New Agreement"), in substitution and replacement of the Old Agreement, in respect to, among other matters, (i) the operation, management and improvement of the Airport in the name of Newco and (ii) the governance of Newco by its shareholders thereof; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and the Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, the Lake Simcoe Regional Airport Agreement, a copy of which is attached hereto and forms part of this By-law as Appendix "A". 2. This by-law shall take effect on the final passing thereof BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 41 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between Appendix "A" to By-law No. 2010-015 LAKE- SIMCOE REGIONAL AIRPORT AGREEMENT This AGREEMENT made this day of 2010, BETWEEN: THE CORPORATION OF THE CITY OF BARRIE thereinafter called "Barrie") OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called "Oro-Medonte") OF THE SECOND PART and LAKE SIMCOE REGIONAL AIRPORT INC. (hereinafter called the "Corporation") OF THE THIRD PART WHEREAS Barrie and Oro-Medonte are the only members of the non-share capital corporation incorporated under the Corporations Act (Ontario) under the name "Lake Simcoe Regional Airport" ("LSRA"); AND WHEREAS the LSRA manages and operates an airport (the "Airport") capable of handling a broad range of aircraft, including helicopters and commercial jet aircraft; AND WHEREAS the LSRA has, heretofore, been administered by the Lake Simcoe Regional Airport Commission ("Commission"); AND WHEREAS Barrie and Oro-Medonte have now agreed to transfer the assets, liabilities and undertakings associated with the Airport and the LSRA, to the Corporation, a company formed under the Business Corporations Act (Ontario) and designated as a "municipal services corporation" under the Municipat Act, 2001 (Ontario) and the regulations thereunder; AND WHEREAS Barrie and Oro-Medonte are sometimes referred to herein as the "Parties" or the "Shareholders"; AND WHEREAS THIS AGREEMENT WITNESSES that in consideration of the premises and the mutual covenants and agreements herein contained and expressed, the Parties hereto covenant and agree as follows: 1.0 PRIOR AGREEMENTS 1.01 All prior agreements relating to the LSRA and/or the Commission, as between Barrie and Oro-Medonte, are hereby terminated. 2.0 REPRESENTATIONS AND COVENANTS 2.01 The Airport consists of an aerodrome located on those lands described in Schedules A and B hereto (the "Airport Lands"). Page 42 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between 2.02 Effective with the transfer of the assets and liabilities associated with the Airport and the LSRA, the Corporation shall now manage, operate, maintain and improve the Airport, all as more detailed herein. 103 The Parties hereto covenant and agree that the Airport shall be maintained and operated in compliance with the applicable federal, provincial and municipal requirements as they are in force from time to time. For greater certainty, the Parties hereto agree that any development at the Airport including airport-related commercial development, will be subject to the by-laws and regulations of Oro- Medonte or any successor thereto, including, without limiting the generality of the foregoing, zoning, site plan control and building by-laws and regulations. 3.0 BOARD OF DIRECTORS: 3.01 The Parties hereto agree that the board of directors (the "Board') of the Corporation shall, until otherwise agreed by the Parties, consist of seven (7) members and furthermore, that five (5) members of the Board shall be appointed by Barrie and two (2) members of the Board shall be appointed by Oro-Medonte. Appointments 3.02 Subject to section 3.05 herein, the Board nominees are to be appointed by each Party's respective municipal council ("Council") to serve at the pleasure of the appointing Council and to represent the Parties hereto. 3.03 Subject to the discretion of each respective appointing Council to replace their representative nominee(s) at any time, the Council's of each Party shall endeavour to make their appointments to the Board on a rotating basis for a term of two (2) years. Vacancy 3.04 In the event of a vacancy occurring to a Board seat, the council with the vacant position shall appoint a new representative member to fill that vacancy forthwith, but only for such length of time necessary to enable the new representative member to complete the term of the previous representative member. Re-Appointment 3.05 Notwithstanding section 3.02 above, each representative member may be eligible for reappointment provided that no representative member shall serve for more than three (3) consecutive terms. President. Vice-President and Secretary-Treasurer 3.06 The positions of the offices of the President, Vice-President and Secretary- Treasurer shall be elected by the Board annually. Initially, legal representatives from Barrie and Oro-Medonte will be Co-Presidents to faciliate the election of the President, Vice--President and the Secretary-Treasurer. All officers shall be appointed at the pleasure of the Board. Sub-Committee(s) 3.07 The Board may, from time to time, require that an ad hoc committee(s) be struck to investigate and report on a certain matter to the Board and such committee shall be appointed by the President. Page 43 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between uor m 3.08 A quorum of the Board shall consist of four (4) members provided that one (1) member in attendance is from Caro-Medonte. In the event that a quorum of the Board is not present due to the absence of a nominee of Oro-Medonte, such meeting shall be adjourned for seven (7) days and, if at such reconvened meeting, a nominee of Oro-Medonte is still not present, a quorum for such meeting shall nonetheless exist if any four (4) members are in attendance. The Chairman of the Board shall not have a casting vote in the event of a deadlocked item. A quorum of shareholders shall exist when holders of common shares representing at least sixty percent (60%) of the common shares of the corporation are in attendance for a duly convened meeting of Shareholders. In lieu of a meeting, the Board and the Shareholders may pass a resolution by a written instrument executed by all directors or Shareholders, as the case may be. Entrust f.SRA 3.09 Upon execution of this Agreement, the Parties shall entrust the overall management of the Airport to the Board for the benefit of the Parties to this Agreement. 4.4 FINANCIAL MAT ERS Apportionment Percentage 4.01 The Parties agree that all monies contributed for the maintenance, operation, capital or borrowing charges attributed to the corporation shall be on an apportioned percentage basis as follows: Barrie - 80%; Oro-Medonte - 20%. This percentage is to be applied to the budgeted costs (costs after applying all sources of operating revenue other than municipal contributions or other contributions in section 5.03 of this Agreement) to determine the dollar contribution required by each Party. Maintenance and Operational Monies 4.02 The Parties agree that monies required for the maintenance and operation of the Corporation/Airport, as may be required and determined by the Board, shall be requested of the Parties, on an annual budgetary basis, for their respective Council approval. Where a Party of Parties do not approve the amount as required in section 5.01 herein, the Corporation may proceed at the previous year's agreed upon amount for the maintenance and operation of the Corporation until such time as a resolution is reached, in accordance with Section 13.0 herein. Capital Monies 4.03 Subject to the requirements in section 5.0 of this Agreement, the Parties agree that monies required for capital expenditures, as may be required and determined by the Board, shall be requested of the Parties, on an annual budgetary basis, for their respective Council approval. In the event of any disagreement regarding same, the Parties will submit the matter for dispute settlement in accordance with section12.0 herein. In the interim, the Corporation will not proceed with the portion of the capital expenditure under dispute. Page 44 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between Borrowed Monies 4.04 The Parties agree that the Corporation, with the consent of the Parties hereto, may borrow such amounts of monies as approved by the Parties for future development of the Airport. Percentage Payments and Allocation 4.05 The Parties agree that the payments requested of each Party in section 4,02, section 4.03 and section 4.04 shall be calculated in accordance with the percentage allocations outlined in section 4.01. 4,08 The Parties agree that debt obligations incurred for borrowed monies as permitted in section 4.04 shall, for the purpose of calculating each Party's contribution or liability, be allocated among the Parties in accordance with the percentage allocations outlines in section 4.01. 5.0 FINANCIAL MANAGEMENT udQ 5,01 The Board is entrusted with the financial management of the Airport as hereinbefore provided and shall have the further right and be responsible to oversee management of the Corporation prepare budgets, (operational, capital and including reserve transfers) on an annual calendar year basis for the approval of each of the Parties on or before November I of each year. 5,02 It is understood and agreed that any Party may return the budget to the Board for explanation or review, Special Reserve Accounts 5.03 The Corporation is hereby entitled to receive contributions or donations from third parties to be applied for specific operating or capital expenditures, For such purposes, the Corporation shall be entitled to establish and maintain separate operating and capital reserve account(s) and to direct such contributions to the account(s). Such contributions shall not be applied to the budgeted amounts calculated in accordance with s.4,0 and s.5.0 of this Agreement. invoicing 5.04 The Corporation may invoice each Party for their share of the annual operating and capital budget, such invoiced amounts due and payable by each Party in accordance with the following priorities. QPerating (a) 50% of the amount of the previous year's share to be invoiced by December 15th. This amount shall be due and payable on January 15 of the following calendar year; (b) 50% of such Party's share of the approved budget for the current calendar year calculated and invoiced by June 1st. This amount shall be due and payable on June 30th of that year; Capital Page 45 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between (c) the capital requisition to be invoiced 15 days after the approval of both Parties. Financial Statements: 5.05 The Board shall oversee the preparation of audited financial statements for the Corporation for the fiscal period ended December 31 in each year and such audited statements must be provided to each Party by no later than March 31"` of the same year In which the statement is prepared. 5.06 finless changed by resolution of the Shareholders, the auditors of the Corporations shall be BDO Dunwoody LLP. Default 5.07 (a) In the event of any Party defaulting on a payment as set out in s.5.04 (a), (b), and (c), the Corporation may recover the payment, with interest to be charged to the defaulting Party on the unpaid portion of its apportionment remaining after the effective due dates in any year, at the rate the Corporation would be required to borrow money at the relevant time whether or not the Corporation is actually required to borrow such money. Upon default, the defaulting Party shall not be entitled to exercise their management rights pursuant to this Agreement, for the period of default. (b) when= any Party is in default of their payment obligations in s.5.04 herein, and such defaulted payment and interest is at least equal to the Party's respective initial contribution to the Corporation, then any non- defaulting Party may terminate the defaulting Party's participation and rights under this Agreement, upon ninety (90) days' written notice. (c) The Parties hereby agree that, in the event of default and notice under s.5.07 (b), the defaulting Party has no further right or remedy against the other party or the Corporation. (d) In the event of default, the Corporation may proceed with the approved budget expenditures for one additional fiscal year, in accordance with the approved budget. (e) Any failure by the Corporation or of any non-defaulting Party to exercise their remedies pursuant to this Agreement is deemed no to be a waiver of any rights it has under this Agreement. Insurance: 5.08 The corporation shall be required to maintain adequate and up-to-date liability insurance. Available Grants, Etc. 5.09 The Corporation and its Shareholders shall take all` steps necessary to obtain revenues and required funding including all applications to obtain grants for the development, operation and maintenance of the Airport from any source. Page 46 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between Revenue Accountability 5.10 The Corporation will ensure that the amount of such grants are accounted for in the Budget from year to year along with any other revenues obtained by the Corporation. Leasing 5.11 In the interest of generating revenue, the Corporation is authorized to lease any property or space under the control of the Corporation but not deemed for airport- related purposes, for a period not to exceed twenty-one (21) years less on (1) day. The Parties agree that the proceeds from any such lease shall remain with the Corporation to be applied against the annual operating, maintenance and improvement costs of the Corporation. Such lease proceeds will be accounted for in the annual budget. Expenditure Control 5.12 Except as provided in s.5,07(d), the Corporation shall only have the right to make expenditures in accordance with the current budget authorized by the Parties hereto, and to ensure that the Corporation shall not without the prior consent of the Parties hereto, spend any monies that have not been authorized in the current budget. Expenditures 5.13 Each Party is required to submit to the Corporation an invoice for any Airport expenses for approval and payment. Taxes 5.14 In the event that Barrie is subject to taxes on its ownership of the Airport lands in the Township of Oro-Medonte, then Oro-Medonte shall refund to the Corporation that portion of the aforementioned taxes not attributable to the assessment for any school board or Country purposes. This provision shall not apply to lessees of occupied space assessed as taxable. Airport General ana e 5.15 The Corporation shall appoint an Airport General Manager who shall be the recording secretary for the Corporation with responsibility for the day-to-day management, operation and maintenance of the Airport, and for recommending improvements of the Airport to the Corporation. Secretary-Treasurer 5.16 Subject to the requirement for audited financial statements in s.5.05 herein, the Secretary-Treasurer may, but is not obligated, to utilize the services of the City of Barrie Treasury Department on a cost recovery basis to provide accounting services for the Corporation. Page 47 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between 6.0 ADMINISTRATION AND VETO RIGHTS: Rules and Regulations 6.01 The Corporation may establish by-laws not inconsistent with the provisions of their Agreement for the conduct of its meetings and for the management of the Corporation and the furtherance of the projects authorized hereunder. 6.02 The Corporation may also make recommendations to the Shareholders for the construction of additional buildings or facilities, as the same may be from time to time required or desirable to achieve the goals of the Corporation. 6.03 In the interest of expediency or safety, the Corporation may recommend to the Shareholders the acquisition and/or provision of such navigational aids or aeronautical devices as many required by the Aeronautics Act (Canada) and/or the Regulations promulgated thereunder. 6.04 The Corporation, acting through its Board, shall ensure that air safety Is the primary operational goal of the Airport. 6.06 The Corporation shall be responsible for all public relations regarding the Airport. 6.06 The Corporation shall market the Airport in accordance with good promotional strategies. 6.07 Subject to the provisions of s.5.11 and s.8.0 of this Agreement, the Corporation may call for proposals and/or tenders from an appropriate person{s} with a view to entering into contractual agreements with the Corporation andlor the Shareholders, where applicable, to provide for the development, operation, maintenance and improvement of the Airport and, without limiting the generality of the foregoing, to provide for necessary leasing or sale arrangements with any person. 6.08 At all times the Corporation shall conduct its business in accordance with good business practices. 6.09 Notwithstanding any other provision in this Agreement to the contrary, each Party's respective Council must approve: 1. each annual budget; 2. each annual business plan; 3. any admission of a new shareholder(s); 4. the appointment of each Party's respective director(s) to the Board; and 5. any amendment to this Agreement. 7.0 OWNERSHIP OF LANDS: Ownershi 7.01 The Parties acknowledge and agree that Barrie holds, and shall continue to hold, title to the Airport Lands described in Schedules "A" and "B" in trust for the Parties to this Agreement and that any sale or other disposition of such lands will be in accordance with s.8.0 and 02.01. Page 48 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between 8.0 DISPOSITION OF AIRPORT LANDS: 8.01 The Parties agree that none of the Airport Lands described in Schedule "A" or "B" of this Agreement or any lands subsequently purchased for the Corporation shall be disposed of except on the approval of the Shareholders and subject to the approval of Transport Canada and the Parties. 8.02 If any Airport Lands described in Schedules "A" and "B" to this Agreement should be disposed of, the Shareholders shall share In the proceeds in the following manner: 0) Barrie 80% (ii) Oro-Medonte 20% 8.03 If any Airport Lands are sold, the purchaser(s) of such Airport Lands must comply with all applicable laws in place at the time of sale including, without limitation, all zoning, site planning and environmental rules and regulations then in force. 9.0 ORO-MEDONTE BY-LAW(S): 9.01 Oro-Medonte agrees to consider the passing of a by-law(s) to effect any changes to their Zoning By-laws or Official Plan necessary to give effect to the foregoing intentions of the Parties and in order to comply with the Aeronautics Act (Canada) and the Regulations promulgated thereunder. 10,0 NEW SHAREHOLDERS 10.01 The Parties agree that in the event another municipality wishes to become a Party to the within Agreement, it shall apply in writing to the Corporation and acceptance shall be subject to the approval of the Parties to this Agreement, upon such terms as agreed to by the Parties. 11.0 WITHDRAWAL FROM AGREEMENT: 11,01 A Party to this Agreement may, upon delivery of one year's written notice to the office of the clerk of every other Party and to the SecretarytTreasurer of the Corporation, withdraw from this Agreement. In the event of such withdrawal, any and all funds paid, or authorized to be paid, under s.4,01 of this Agreement shall remain with or be paid to the Corporation. 12.0 DISPUTE SETTLEMENT MECHANISM: 12.01 The Parties agree that if any dispute arises in connection with any of the provisions herein contained among any of the Parties hereto that cannot be resolved by negotiation, such dispute shall be referred to mediation for mandatory Alternative Dispute Resolution, and a Mediator shall be selected from the list of approved Mediators of the Superior Court of Justice, County of Simcoe, and such mediation is to take place within thirty (30) days of such referral. Any dispute among the Parties which cannot be resolved by such mediation shall, only with the consent of the Parties, be submitted to arbitration pursuant to the Arbitration Act (Ontario). 13.0 DISSOLUTION OF CORPORATION: 13.01 Where all Shareholders agree by resolution, the Corporation may be dissolved. Upon dissolution, the proceeds of the disposition of all Airport Lands shall be in Page 49 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between accordance with s.8.02 herein and other assets of the Corporation shall be distributed amongst the Parties hereto in accordance with the proportions set out in s.4.01 of this Agreement. Any disposal of the Airport Lands and assets of the Corporation, in a circumstance of dissolution, shall be in accordance with the federal Financial Assistance Agreement between The Oro-Barrie-Orillie Airport Commission and Her Majesty the Queen in Right of Canada (Ministry of Transportation) dated December 23, 1991, 94.0 REVIEW AND AMENDMENTS: 14.01 The Parties agree that they will review this Agreement every three years- The Agreement may be reviewed in the interim period, at the request of any Party. Any amendment to this Agreement shall be made only with the consent of all Parties and any such amendment(s) shall be in writing. 15.0 SIGNATURE TO THE AGREEMENT: 15.01 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed and sealed under the hands of their proper officers. 15.02 This duly authorized Agreement shall come into effect the day of 2010. THE CORPORATION OF THE CITY OF BARRIE MAYOR Dave Aspden CLERK- Dawn A. McAlpine THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR - H.S. Hughes CLERK-J, Douglas Irwin Authorized by: City of Barrie By-law No.: Township of Oro-Medonte By-law No.: 5822588.6 Page 50 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between 14 SCHEDULE "A" 14 LAKE 51MCOE REGIONAL AIRPORT AGREE]VEEIVT PROPERTY PURCHASED FO AWORT SITE: The following property has been purchased for the construction of the Airport: (a) Vicic property East Half Lot 1 7 and Pt. Fast Half Lot 1 S,Concession 7, Township of Cho, County of Simcoe - 150 acres :t (b) Buchan Oil Limited Pt. East Half Lot 1 8, Concession 7, Township of Oro, County of Simcoe - 50 acres + (c) Man- property East Half Lot 1 9, Concession 7, Township of Oro, County of Simcoe - 100 acres + (d) Cumming property Pt. West Half Lot 1 8, Concession 7, Township of Oro, County of Simcoe - 94.8 acres* (e) Beer property East Half Lot 1 7, Concession 6, Township of Oro, County of Simcaa - 100 acres ± (f) Mortson property Pt. West Half Lot 1 7 & Pt. East Half Lot 1 8,Concession 6, Township of Oro, County of Simcoe - 45 acres ± (g) City of Barrie property: Pt. West Half Lot 17, Concession 7, Township of Oro, County of Simcoe - 5.6 acres Page 51 of 89 Agenda Item # 18a) - A By-law to Authorize the Execution of an Agreement between 15 SCHEDULE "B" PO LAKE SIMCOE REGIONAL AIRPORT AGREEMENT The following property has been purchased for the construction of the Airport: (a) Kuch property Ft. West Half Lot 17, Concession 6, Township of Oro, County of Simcoe - t 1 .0 acres t T TOTAL INVMBER OF ACRES PURCHASED AS NOTE-D ON SCHEDULE "A" & "B" IS 556,4:± ACRES 0 Page 52 of 89 Agenda Item # 18b) - A By-law to amend By-law 2009-078 for the zoning provisions THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2010-022 A By-law to amend By-law 2009-078 for the zoning provisions which apply to lands within Part of Lots 8 and 9, Concession 12 (Former Township of Oro), now in the Township of Oro-Medonte (Hillway Equipment Ltd. 2009-ZBA-02) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to amend an exception to the Zoning By- law to permit the development of mineral aggregate resources uses, in accordance with Section C12 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A13' to Zoning By-law 97-95, as amended, is hereby further amended by changing the required setbacks to pit excavation applying to the lands located in Part of Lots 8 and 9, Concession 12 in the former geographic Township of Oro, now in the Township of Oro-Medonte, contained in the Mineral Aggregate Resource One Exception 163 (MAR1 *163) Zone as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. Section 7 - Exceptions of Zoning By-law 97-95 as amended is hereby further amended by deleting subsection a) (i) and adding the following subsection a) (i): "7.163 X163 - Part of Lots 8 and 9, Concession 12 and Part of Lot 9, Concession 13 (Former Oro), now Township of Oro-Medonte. a) (i) Setbacks to pit excavation, adjacent to woodlots in Part of Lots 8 and 9, Concession 12 shall be a minimum of 15 metres and 20 metres in locations as identified on Schedule 'A' attached hereto. The minimum required setbacks to pit excavation adjacent to woodlots are further explained as follows: Along the westerly boundary of the pit located in Part of Lot 9, Concession 12 (Area B), the required setback is 15 metres. A 20 metre setback is required along the westerly property boundary of the pit in Part of Lot 8, Concession 12 (Area C)." This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 27TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 53 of 89 Agenda Item # 18b) - A By-law to amend By-law 2009-078 for the zoning provisions Page 54 of 89 Agenda Item # 18c) - A By-law to Repeal By-law No. 2004-115 "A By-law to Authoriz... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-023 A By-law to Repeal By-law No. 2004-115 "A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Karen White described as lands as follows: 15 Pemberton Lane PT Lot 1 Range 1 Former Township of Oro Parts 1 & 2 51 R19045; Township of Oro-Medonte, County of Simcoe PIN 58554-0100 (LT) Roll# 4346-010-001-08600" 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. 2009-062, 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. 2009-062; AND WHEREAS Council of the Township of Oro-Medonte did on the 20th day of October 2004 , enact By-Law No. 2004-115, A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Karen White; AND WHEREAS Council of the Township of Oro-Medonte did on the 13`h day of January, 2010, enact By-Law No. 2010-007, A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Suzanne Dawn Caudry which supersedes By-Law No. 2004-115; AND WHEREAS Council of the Township of Oro-Medonte does now deem it expedient to repeal By-Law No. 2004-115; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT By-law No. 2004-115 be repealed in its entirety 2. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF FEBRUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 55 of 89 Agenda Item # 18d) - Being a By-law to Authorize the Execution of a Tax Arrears E... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-024 Being a By-law to authorize the execution of a Tax arrears extension agreement WHEREAS The Corporation of the Township of Oro-Medonte has registered on the 31St day of March, 2009 a tax arrears certificate against the land described in Schedule "A" attached hereto and forming part of this By-Law. AND WHEREAS Section 378 of the Municipal Act, 2001, S.O., 2001, C.25 as amended provides that a municipality may by By-law authorize an agreement with the owner of such land to extend the period of time, which the cancellation price payable on the land is to be paid. NOW THEREFORE the Council of the Corporation of the Township of Oro- Medonte hereby enacts as follows: 1. THAT an agreement be entered into by the Corporation with the owners of the land described in Schedule "A" to extend the time period in which the cancellation price payable on this land is to be paid beyond March 31St, 2010. 2. THAT the agreement be substantially the same form and contain the same terms and conditions as set out in Schedule "B" attached hereto and forming part of this by-law. 3. THAT the Mayor and Clerk be authorized to enter into the agreement on behalf of the Corporation. 4. THAT this By-law shall have effect immediately upon final passing. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF FEBRUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 56 of 89 Agenda Item # 18d) - Being a By-law to Authorize the Execution of a Tax Arrears E THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE"A" BY-LAW NO. 2010-024 Description of the land: Roll # 43 46 010 010 44000 Con 12 S Pt Lot 19 Parts 1 to 3 RP51 R-33228 Page 57 of 89 Agenda Item # 18d) - Being a By-law to Authorize the Execution of a Tax Arrears E... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE"B" BY-LAW NO. 2010- 024 THIS AGREEMENT made in triplicate the 27th day of January, 2010. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Corporation" -and. Hereinafter called the "Owner" WHEREAS the owner is the owner of the land in the Township of Oro-Medonte described in Schedule "A" attached hereto and forming part of this agreement. AND WHEREAS the said land is in arrears of taxes on the 14th day of January, 2010 in the amount of $16,719.63 and a tax arrears certificate was registered in the Registry Office on the 31$t day of March, 2009 in respect of the said land. AND WHEREAS pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001, C.25 as amended a municipality may by By-law, authorize an extension agreement be entered into by the Corporation with the landowner to extend the period of time in which the cancellation price in respect to the said land is to be paid. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. The Owner agrees to pay to the Corporation the sum of $425.00 (four hundred and twenty-five) dollars monthly, commencing on the 31st day of January, 2010, to and including the 31st day of January, 2015. 2. In addition to paying the amounts provided for in Clause 1, the Owner agrees to pay all taxes levied on the land as they become due during the tenor of this Agreement. 3. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001, S.Q. 2001, C.25, as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the collector of taxes of the Corporation, without waiving the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as set out in Clauses 1 and 2, during the time the Agreement is in force so long as the Owner is not in default hereunder. 4. In the event the Owner defaults in any payments required by this Agreement, this Agreement upon notice being given to the Owner by the Corporation, shall be terminated and the Owner shall be placed in the position he or she was before this Agreement was entered into. In the event of a default, this Agreement shall cease to be considered a subsisting agreement on the day that the notice of termination is sent to the Owner. 5. Immediately upon the Owner making all the payments required under paragraphs 1 and 2, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect of the said land. 6. Notwithstanding the provisions of paragraphs 1 and 2, the Owner and any other person may at any time pay the balance of the cancellation price and upon receipt of the aforesaid payment by the Corporation, this Agreement shall terminate and the Treasurer shall forthwith register a tax arrears cancellation certificate. 7. This Agreement shall extend to and be binding upon and ensure to the benefit of the Parties and to their respective heirs, successors and assigns. Page 58 of 89 Agenda Item # 18d) - Being a By-law to Authorize the Execution of a Tax Arrears E Page 2 Schedule "B" By-Law No. 2o1o- AA1 8. If any paragraph or part of paragraphs in this Agreement be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in force and effect and shall be binding upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs had never been included. 9. Any notice required to be given to the Owners hereunder shall be sufficiently given if sent by registered post to the Owners at the following address: 70 Line 12 S RR#1 Hawkestone ON LOL 1TO In WITNESS WHEREOF the Owners has hereunto set his hand and seal and the Corporation has caused its Corporate Seal to be hereunto affixed, attested by its proper Officers. SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF Witness Mayor, H.S. Hughes Witness Clerk, J. Douglas Irwin Page 59 of 89 Agenda Item # 18e) - A By-law to Establish and Assume Highways Within the Townshi... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-026 A By-law to Establish and Assume Highways Within the Township of Oro-Medonte Part of Maple Ridge Road. WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may pass by-laws with respect to jurisdiction over highways; AND WHEREAS Section 31 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may by by-law establish a highway; AND WHEREAS Section 26 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, defines what constitutes a highway; AND WHEREAS Council of the Township of Oro-Medonte deems it necessary to assume and establish for use highways within the boundaries of the Township of Oro- Medonte listed on Schedule 'A' attached hereto; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT all highways listed in Schedule 'A' of this by-law are hereby assumed and established for use as a public highway; THAT the attached Schedule 'A' shall form part of this By-law; 3. THAT this by-law shall come into force and take effect on its final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 60 of 89 Agenda Item # 18e) - A By-law to Establish and Assume Highways Within the Townshi... SCHEDULE `A' to BY-LAW NO. 2010-026 Established and Assumed for Use as a Public Highway: Street Name Part of Maple Ridge Road PIN Part of PIN 58534-0152 (LT) Legal Part of East Half and West Half Lot 36, Concession 1 E.P.R. Oro, Description being Parts 3 and 8, Plan 51 R-28344; and Part 6, Plan 51 R-16674, save and except Parts 5 and 6, Plan 51 R-28344, Oro-Medonte Page 61 of 89 Agenda Item # 18f) - A By-law to authorize the Sale of Surplus Land Lot 57, Plan THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-027 A By-law to authorize the Sale of Surplus Land Lot 57, Plan 589, 8 Orillia Road (PIN # 58559-0289 (LT)) Township of Oro-Medonte, County of Simcoe WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to sell or otherwise dispose of land in accordance with policies adopted and maintained by the municipality in respect thereof; AND WHEREAS Council passed By-law No. 2007-083 on the 18th day of July, 2007, being a By-law to establish a policy/procedure with respect to the sale and other disposition of land; AND WHEREAS Council has previously caused notice to be given of its intention to sell the lands described in Schedule "A" attached hereto and forming part of this by-law, in accordance with the requirements set out in By-law 2007-083, as amended; AND WHEREAS Council has determined that the said lands are not required for municipal purposes, and has by resolution declared the lands designated as Lot 57, Plan 589, 8 Orillia Road, (PIN #58559-0289 (LT)), Township of Oro-Medonte, County of Simcoe, described in Schedule "A" attached hereto, to be surplus to the needs of the municipality; AND WHEREAS Council has received no notice of objection to the proposed sale of land from any party; AND WHEREAS pursuant to procedural By-law 2007-083, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed by-law to sell the land designated as Lot 57, Plan 589, 8 Orillia Road, (PIN #58559-0289 (LT)), Township of Oro-Medonte, County of Simcoe, to be published in newspapers of local circulation, a copy of which is attached as Schedule "B" and forms part of this by-law; AND WHEREAS the proposed by-law came before Council of The Corporation of The Township of Oro-Medonte for consideration at its meeting on the 10th day of February, 2010, and at that time Council received no notice of objection to the proposed sale of land from any party; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: Authorization of Sale - Council does hereby authorize the sale of land designated as Lot 57, Plan 589, 8 Orillia Road (PIN #58559-0289 (LT)), Township of Oro-Medonte, County of Simcoe, to the registered owners from time to time of the abutting lands as follows and that the title to the transferred lands merge with those lands owned by the respective abutting owners: Registered Owners McKay, Kris McKay, Barbara Owner's Lands PIN #58559-0286 (LT) Lot 66, Plan 589 (Oro) Land to be Transferred PIN #58559-0289 (LT) Lot 57, Plan 589 (Oro) 8 Orillia Road Page 62 of 89 Agenda Item # 18f) - A By-law to authorize the Sale of Surplus Land Lot 57, Plan Upon registration of the Transfer, the respective owners be required, at their expense, to bring an Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the parcels with their abutting property to one Property Identifier Number. Sale Price and Consideration - In accordance with By-law 2007-083, as amended, Council hereby sets the sale price for land designated as Lot 57, Plan 589, 8 Orillia Road,(PIN #58559-0289 (LT)), Township of Oro-Medonte, County of Simcoe, as follows: Description of Land Land Sale Price PIN 58559-0289 (LT) $ 10,000.00 Lot 57, Plan 589 8 Orillia Road In addition to the land sale price the registered owners are responsible for the administrative costs incurred by the Township of Oro-Medonte, associated with the transfers. Such administrative costs include cost of survey, appraisal, advertising, legal fees and disbursements. 3. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 63 of 89 Agenda Item # 18f) - A By-law to authorize the Sale of Surplus Land Lot 57, Plan Schedule "A" to By-law No. 2010-027 for The Corporation of the Township of Oro-Medonte Lot 57, Plan 589, 8 Orillia Road (PIN # 58559-0289 (LT)) Township of Oro-Medonte, County of Simcoe Page 64 of 89 Agenda Item # 18f) - A By-law to authorize the Sale of Surplus Land Lot 57, Plan Schedule "B" to By-law No. 2010-027 for The Corporation of the Township of Oro-Medonte NOTICE OF PROPOSED SALE OF LAND BY-LAW TAKE NOTICE that the Township of Oro-Medonte proposes to pass a By-law to authorize the Sale of Surplus Land, in the Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" hereto. AND FURTHER TAKE NOTICE that the proposed By-Law will come before the Council of the Township of Oro-Medonte at its regular meeting to be held at the Council Chambers on the 10`x' day of February, 2010 at 7:00 p.m. and at that time Council will hear in person or by his/her counsel, solicitor or agent, any person who claims that his/her land will be prejudicially affected by the By-law. Any person wishing to be heard or make comment on the proposed sale shall provide the undersigned with either a written application to be heard or written comment no later than 12:00 noon on February 4, 2010. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 29TH DAY OF JANUARY, 2010. J. Douglas Irwin, Clerk, Township of Oro-Medonte 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Fax: (705) 487-0133 SCHEDULE"A" Surplus Land: Lot 57, Plan 589, 8 Orillia Road, (PIN #58559-0289 (LT)), Township of Oro-Medonte, County of Simcoe. Page 65 of 89 Agenda Item # 18g) - A By-law to amend the zoning provisions which apply to lands... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2010-028 A By-law to amend the zoning provisions which apply to lands within Part of Lot 5, Concession 6, municipally known as 478 Bass Lake Sideroad West, (Former Township of Oro), now in the Township of Oro-Medonte (Frost 2009-ZBA-24) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of a bed and breakfast establishment, in accordance with Section C1.3.10 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A16' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part Lot 5, Concession 6, municipally known as 478 Bass Lake Sideroad West, in the former geographic Township of Oro, now in the Township of Oro-Medonte, from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 197 Holding (A/RU*197 H) Zone as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. Section 7 - Exceptions of Zoning By-law 97-95, as amended is hereby further amended by the addition of the following subsection: "7.197 `197 - Part of Lot 5, Concession 6, municipally known as 478 Bass Lake Sideroad West (former Oro) Notwithstanding any other provision in this By-law a bed and breakfast establishment is permitted on the lands denoted by the symbol *197 on the schedules to this By-law." 3. The Holding Provision cannot be removed until a Site Plan Agreement has been entered into to the satisfaction of the Township. 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF FEBRUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 66 of 89 Agenda Item # 18g) - A By-law to amend the zoning provisions which apply to lands... Schedule 'A' to By-law No. 2010-028 i Mayor H.S. Hughes Clerk J. Douglas Irwin £r ~ TOWNSHIP OF ORO-MEDONTE (FILE 2009-ZBA-24) Page 67 of 89 Agenda Item # 18h) - A By-law to Assume and Establish Highways Within the Townshi... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-029 A By-law to Assume and Establish Highways Within the Township of Oro-Medonte Plan 51M-367 WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may pass by-laws with respect to jurisdiction over highways; AND WHEREAS Section 31 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may by by-law establish a highway; AND WHEREAS Section 26 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, defines what constitutes a highway; AND WHEREAS Council of the Township of Oro-Medonte deems it necessary to assume and establish for use highways within the boundaries of the Township of Oro- Medonte listed on Schedule 'A' attached hereto; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT all highways listed in Schedule 'A' of this by-law are hereby assumed and established for use as a public highway; THAT the attached Schedule 'A' shall form part of this By-law; 3. THAT this by-law shall come into force and take effect on its final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF FEBRUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 68 of 89 Agenda Item # 18h) - A By-law to Assume and Establish Highways Within the Townshi... SCHEDULE `A' to BY-LAW NO. 2010-029 Assumed and Established for Use as a Public Highway: Street Name Plan PIN Ash Court Plan 51 M-367 74057-0244 LT Ironwood Trail Plan 51 M-367 74057-0259 LT 74057-0269 LT 74057-0270 LT 74057-0268 LT 74057-0277 LT 74057-0307 LT 74057-0305 LT 74057-0303 LT 74057-0301 LT 74057-0299 LT 74057-0297 LT 74057-0295 LT 74057-0293(LT) 74057-0290 LT 74057-0287 LT 74057-0284 LT 74057-0282 LT 74057-0280 LT 74057-0309 LT 74057-0278 LT 58533-0200 LT 58533-0203 LT Page 69 of 89 Agenda Item # 18i) - A By-law to Amend By-law No. 2009-025, Being a By-law to Est... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-030 A By-law to Amend By-law No. 2009-025, Being a By-law to Establish Regulations with respect to Municipal Parkland, and Municipally owned Lands used for Recreational Purposes within the Township of Oro-Medonte WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to pass by-laws with respect to culture, parks, recreation and heritage; AND WHEREAS Section 11(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to pass by-laws related to the health, safety and well-being of persons; AND WHEREAS Section 119 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to prohibit or regulate the discharge of guns or other firearms, air-guns, spring-guns, cross-bows, long-bows or any other weapons; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte did on the 25th day of February, 2009, enact By-law No. 2009-025, Being a By-law to Establish Regulations with respect to Municipal Parkland, and Municipally Owned Lands used for Recreational Purposes within the Township of Oro-Medonte; AND WHEREAS the Council of the Township of Oro-Medonte deems it appropriate to prohibit motorized vehicles and motorized snow vehicles from utilizing Shelswell Park, per Motion No. C100127-6; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That Section 2. t) ii. of By-law No. 2009-025 be amended by deleting "Shelswell Park". This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 70 of 89 Agenda Item # 18j) - A By-law to Amend By-law No. 2009-025, Being a By-law to Est... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-031 A By-law to Amend By-law No. 2009-025, Being a By-law to Establish Regulations with respect to Municipal Parkland, and Municipally owned Lands used for Recreational Purposes within the Township of Oro-Medonte WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to pass by-laws with respect to culture, parks, recreation and heritage; AND WHEREAS Section 11(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to pass by-laws related to the health, safety and well-being of persons; AND WHEREAS Section 119 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to prohibit or regulate the discharge of guns or other firearms, air-guns, spring-guns, cross-bows, long-bows or any other weapons; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte did on the 25th day of February, 2009, enact By-law No. 2009-025, Being a By-law to Establish Regulations with respect to Municipal Parkland, and Municipally Owned Lands used for Recreational Purposes within the Township of Oro-Medonte; AND WHEREAS the Council of the Township of Oro-Medonte deems it appropriate to provide an exception for off-road/all-terrain vehicles and motorized snow vehicles to access Lake Simcoe for Recreational Purposes through Bayview Memorial Park, per Motion No. C100127-6; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Section 2. t) ii. of By-law No. 2009-025 be amended by deleting "Bayview Memorial Park". 2. That Section 2 be amended by inserting: "t-2) Notwithstanding Section 2) r), no personal shall operate or use off- road/all-terrain vehicles or motorized snow vehicles except: i. to provide access to Lake Simcoe for Recreational Purposes in Bayview Memorial Park, such permitted use being restricted to the parking area from 20 metres west of the eastern Park boundary, extending south to Lake Simcoe for the period of January 1 to March 15, 2010, between the hours of 6:00 a.m. and 10:00 p.m." 3. This by-law shall take effect on the final passing thereof and shall remain in force until March 16, 2010. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 71 of 89 Agenda Item # 18k) - A By-law to Amend By-law No. 2009-022, Being a By-law to pro... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-032 A By-law to Amend By-law No. 2009-022, Being a By-law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro-Medonte WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25 states a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the following spheres of jurisdiction: highways including parking and traffic on highways. AND WHEREAS the whole sphere of highways, including parking and traffic on highways is assigned to all upper tier municipalities non-exclusively; AND WHEREAS Section 27(1) of the Municipal Act, 2001, provides that a municipality may pass By-laws in respect to highways over which it has jurisdiction; AND WHEREAS Council of The Corporation of the Township of Oro-Medonte, did on the 25th day of February 2009, enact By-law No. 2009-022, as amended, Being a By- law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro-Medonte; AND WHEREAS Council of the Township of Oro-Medonte does now find it expedient to amend By-law No. 2009-022; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That Schedule "B" to By-law No. 2009-022 - Parking Permitted for Winter Recreational Activities be amended by adding: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE FROM - TO Line 14 South East Side From 50 metres north of Lakeshore Road East for a distance of 528 metres This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 72 of 89 Agenda Item # 181) - A By-law to Permit Off-Road Vehicles to Utilize Specific Mun... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-034 A By-law to Permit Off-Road Vehicles to utilize specific Municipal Highways within the Township of Oro-Medonte WHEREAS Section 191.8(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, provides that no person shall drive an off-road vehicle on a highway except in accordance with the regulations and any applicable municipal by-laws; AND WHEREAS Section 191.8(3) of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, provides that the council of a municipality may pass by-laws permitting the operation of off-road vehicles on any highway under the jurisdiction of the municipality and providing speed limits for such vehicles; AND WHEREAS Section 191.8(4) of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, provides that by-laws passed under Section 191.8(3) may permit the operation of off-road vehicles during specific months or hours; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended, provides that a municipality may pass by-laws with respect to highways, including parking and traffic on highways, which the municipality has jurisdiction over; AND WHEREAS Council of the Township of Oro-Medonte has determined that off-road vehicles may utilize specific highways within the Township of Oro-Medonte to access Lake Simcoe for Recreational Purposes, from January 1, 2010 to March 15, 2010, between the hours of 6:00 a.m. and 10:00 p.m., per Motion No. C100127-5; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1) DEFINITIONS: "All-Terrain Vehicle" means the same as Off-Road Vehicle for the purposes of this by-law. "Off-Road Vehicle" means a vehicle propelled or driven otherwise than by muscular power or wind and • That has three or more wheels and is designed for use on all terrains, commonly known as all-terrain vehicles, that have steering handlebars and a seat that is designed to be straddled by the driver; or • That has four or more wheels and is designed for utility applications or uses on all terrains and a seat that is not designed to be straddled by the driver; or • A dune buggy, as defined in Regulation. 863, under the Off-Road Vehicles Act. 2) PROHIBITIONS: a) No personal shall operate or use an off-road vehicle on a Township of Oro- Medonte highway, except for those sections of highways identified in Schedule "A", attached hereto and forming part of this by-law. b) No person shall operate or use an off-road vehicle on the sections of highways identified in Schedule "A", attached hereto and forming part of this by-law, outside of the hours of 6:00 a.m. to 10:00 p.m. from January 1, 2010 to March 15, 2010. Page 73 of 89 Agenda Item # 181) - A By-law to Permit Off-Road Vehicles to Utilize Specific Mun... c) No personal shall operate or use an off-road vehicle on the sections of highways identified in Schedule "A", attached hereto and forming part of this by-law, at any speed greater than the posted speed limit. d) No person shall operate or use an off-road vehicle on the sections of highways identified in Schedule "A", attached hereto and forming part of this by-law, unless all of the provisions of Regulation 316/03 under the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and any other legislation governing the use of off-road vehicles is complied with at all times. 3) ENFORCEMENT AND FINES: a) Every person who contravenes any Provision of this By-law is guilty of an office 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. 4) SEVERABILITY CLAUSE: a) In the event that any provision of this by-law is quashed or is declared or otherwise found to be ultra vires or unenforceable by the Township, such clause shall be deemed to have been severed from the remainder of the by-law. 5) FORCE AND EFFECT: a) This by-law shall take effect on the final passing thereof and remain in force until March 16, 2010. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 74 of 89 Agenda Item # 181) - A By-law to Permit Off-Road Vehicles to Utilize Specific Mun... Schedule "A" to By-law No. 2010-034 for The Corporation of the Township of Oro-Medonte Highway Section of Highway Bay Street From Shanty Bay Warf Parking Area west to Line 2 South Black Forest Lane South of Ridge Road to Lake Simcoe Ice Road South of Lakeshore Road East to Lake Simcoe Lakeshore Road East From Line 12 South to Line 13 South Lakeshore Road East Carthew Bay Wharf Parking Area to the Wharf at Line 14 South Lakeshore Road East West of Line 7 South to Ice Road Lakeshore Road West 930 metres easterly to Line 6 South Line 11 South South from Mill Street to Lake Simcoe Line 12 South South of Lakeshore Road East to Lake Simcoe Line 14 South From 578 metres north of Lakeshore Road East to Lake Simcoe Line 2 South South of Ridge Road to Lake Simcoe Line 6 South From dead end, at 1075 Line 6 South, to Lake Simcoe Line 7 South South from Ridge Road to Lake Simcoe Line 9 South South from Lakeshore Road East to Lake Simcoe Little Road South of Lakeshore Road East to Lake Simcoe Mill Street East of Line 11 South, south to Lake Simcoe Parkside Drive From the Line 9 Boat Launch Parking Area to Line 9 South Page 75 of 89 Agenda Item # 18m) - Being a By-Law to Authorize the Execution of the Letter of A... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2010-035 Being a By-Law to Authorize the Execution of the Letter of Agreement Between the Township of Oro-Medonte and Orillia Area Community Development Corporation (CDC) WHEREAS Section 8 of the Municipal Act, 2001, S. 0. 2001, c.25, as amended, provides that the a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Section 9 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities; (a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues; AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it expedient to enter into the Letter of Agreement with the Orillia Area Community Development Corporation (CDC) for the creation of a Project Development Plan for a Community Capacity Fund; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Letter of Agreement attached hereto as Schedule "A" and forming part of this By-Law. 2. THAT the Memorandum of Understanding be effective until March 31, 2010 as outlined in Section 1 of Schedule "A" attached hereto. 3. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 76 of 89 Agenda Item # 18m) - Being a By-Law to Authorize the Execution of the Letter of A... $chedule "A" to By-law No'. 2010-035 A Core mLunily Futures Development Corporation Community Development Fund LETTER OF AGREEMENT (Hereinafter referred to as the "Agreement") Fund Name: Community Capacity Fund File Number: CCF-014-09 Contribution Amount: $5,000 Between: And: Orillia Area Community Development Corporation Box 2525 22 Peter Street South Orillia, Ontario L3V 7A3 (Hereinafter referred to as the "CDC") Township of Oro-Medonte Box 100 148 Line 7 South Oro, Ontario LOL 2X0 (Hereinafter referred to as the "Recipient") In response to your request dated November 2, 2009, the CDC offers to make a contribution not to exceed the sum of $5,000 (the "Contribution") to the Recipient for the purposes described in Schedule A - The Project Statement of Work (the "Project"), upon the following terms and conditions. Page 1 of 7 Page 77 of 89 Agenda Item # 18m) - Being a By-Law to Authorize the Execution of the Letter of A... Schedule A shall be considered an integral part of this Agreement. 1. Conditions of the Agreement: a) This Agreement comes into force on the date that the duplicate copy of this Agreement, unconditionally accepted and duly executed by authorized representatives of the Recipient, is received by CDC (the "Date of Acceptance") b) "Eligible Costs" shall mean the reasonable and proper direct costs set out in Schedule A, which are incurred and paid by the Recipient in carrying out the Project activities described in Schedule A within the Funding Period (as hereinafter defined). c) Subject to the provisions of this Agreement, the CDC will make a contribution to the Recipient of 100% of Eligible Costs of the Project up to a maximum of $5,000. d) The Project will commence on the "Date of Acceptance" and will be completed on or before March 31, 2010 (the "Funding Period"). e) The Recipient agrees to report the Contribution Amount as income when filing taxes and understands that the Contribution Amount will be considered as taxable income to the Recipient. f) This Agreement shall remain in full force and effect from the Date of Acceptance until two (2) years following the end of the Funding Period. g) This Agreement may be terminated by either party at any time and for any reason on thirty (30) days written notice. 2. Amendments: a) Any alteration or amendment of any kind to the Project or change that will materially affect the objectives, activities or outcome of the Project, or that will affect the total cost of the Project, will require this Agreement to be renegotiated by the parties hereto. b) The Recipient has the duty to report to the CDC any changes to the Project that have the potential to affect the Project or have the potential to affect the milestones. 3. Default: a) The Recipient shall inform the CDC immediately should the Recipient be unable to meet any of the obligations of the Agreement for any reason. Page 2 of 7 Page 78 of 89 Agenda Item # 18m) - Being a By-Law to Authorize the Execution of the Letter of A... Should the Recipient fail to meet or satisfy any of the obligations of the Agreement, the CDC reserves the right to withdraw this Agreement immediately and to recover any funds advanced and not utilized. 4. Terms of Payment: a) The CDC will pay the Contribution to the Recipient in respect to Eligible Costs incurred, on the basis of itemized claims which shall be: (i) submitted not more frequently than monthly; (ii) certified by an officer of the Recipient or another person satisfactory to CDC; and, (iii) accompanied by a report of work completed to date, details of all costs in respect of which payment is claimed, and such substantiating documentation as may be required by CDC. b) The CDC shall not make any payment for any costs that the Recipient has entered into before the following date at which your project was approved by the CDC: January 15, 2010 c) The CDC shall reserve the right to withhold up to 20% of the total Contribution. This amount will be payable upon the completion of the Project and submission of all reporting requirements to the satisfaction of the CDC. d) The CDC may, at its discretion, provide an advance to the Recipient in respect to the Eligible Costs to be incurred if, in the opinion of the CDC, it is required to carry out the project. e) The Recipient shall repay to the CDC any amount by which the Contribution disbursed to the Recipient exceeds the Eligible Costs promptly and in any event within thirty days notice by the CDC to do so. f) If the Recipient receives any funding from any other source for any Eligible Costs, the CDC may, in its discretion, reduce the amount of the Contribution by all or any portion of such funding received by the Recipient. 5. Reporting: a) During the Period of the Agreement, the Recipient shall provide to the CDC such financial statements and progress reports as requested. b) During the Agreement, the Recipient shall permit representatives of the CDC to visit and inspect any of its premises and shall discuss and disclose Page 3 of 7 Page 79 of 89 Agenda Item # 18m) - Being a By-Law to Authorize the Execution of the Letter of A... information as requested in order to determine whether the Recipient is observing and performing the terms and conditions of this Agreement. c) The financial records of the Recipient, as they relate to the Project, are subject. to audit by the CDC or such other auditor as the CDC may designate and the Recipient shall permit any person designated by the CDC to audit and copy any invoices, accounts, receipts, time sheets, travel statements or other records or material in relation to the Project. Such examination shall take place during normal business hours at a place to be agreed upon by CDC and the Recipient. d) The Recipient acknowledges the right of representatives of the Minister to audit, or cause to have audited their accounts and records and to have a right of access to their books and accounts. e) The Recipient shall provide to CDC a final Project report, in a form satisfactory to the CDC in scope and detail, within thirty days of the end of the Funding Period. f) The Recipient shall assist the CDC in completing any evaluation of the outcomes and impacts that result from the Project. 6. Public Announcements and Communications: a) The Recipient shall collaborate with the CDC to arrange publicity regarding the Contribution and agrees to recognize the Contribution in the manner that the CDC reasonably directs. b) The Recipient agrees that all public information, reports, materials, advertising and publicity in connection with the Project shall acknowledge the support of the Federal Government and the CDC. c) The Recipient, by signing the Letter of Agreement authorizes the CDC to release the name of their company/organization, the Contribution Amount and a brief outline of the project to the media at any time. The Recipient also agrees to have their project name, the Contribution Amount and a brief outline of their project made available to the public in a final report. d) The Recipient must consent to a public announcement of this project by or on behalf of the Minister of Industry in the form of news release e) The Minister of Industry, through Industry Canada, shall inform the Recipient of the date the public announcement is to be made, and the Recipient shall maintain the confidentiality of this agreement until such date. Page 4 of 7 Page 80 of 89 Agenda Item # 18m) - Being a By-Law to Authorize the Execution of the Letter of A... f) The Recipient consents to the participation of the Minister of Industry or the Minister of Industry's representatives at the announcement event of this project, and to have the event take place on a day mutually agreed upon by the Recipient and the Minister of Industry of the Minister of Industry's representatives g) The Recipient agrees to display promotional material provided by Industry Canada at the event 7. Official Languages: Where any notice, advertisement or other matter relating to the Recipient's activities is to be printed in a publication for the information of members of the public who are residents in the community or services are to be provided or made available by the Recipient to members of the public who are residents in the community, the Recipient shall make such publications and services available in both official languages if, in the opinion of the CDC, there is or is likely to be a significant demand therefore. 8. Liability: a) The Recipient shall hold the CDC free from any and all losses, expenses, damages and claims of any kind or nature arising from any activity relating to this Agreement. b) The Recipient is solely responsible for the hiring, employment, dismissal, and all related matters with respect to persons employed for the purposes of the Project, as well as all contractual arrangements of any kind or nature related to the Project. c) The Recipient understands and agrees to be responsible for compliance with all Federal, Provincial and Municipal laws and regulations with respect to the Project. d) The Recipient acknowledges that the CDC is not legally associated with the Recipient in any manner, and the Recipient agrees not to represent to the public that the CDC is so associated. e) The Recipient agrees to release and indemnify the CDC, its employees, volunteers, representatives and agents from any and all claims, demands, actions or causes of action that may arise out of, or be related to, the Recipient's participation in the Project or non-compliance with Federal, Provincial or Municipal laws and regulations applicable to the Project. Page 5 of 7 Page 81 of 89 Agenda Item # 18m) - Being a By-Law to Authorize the Execution of the Letter of A... 9. Environment: The Recipient warrants that any environmental issues or concerns related to the Project as known to the Recipient have been disclosed to CDC. The Recipient also warrants that Project activities, as required, are in compliance with all applicable legislation, including the Canadian Environmental Assessment Act and the Canadian Environmental Protection Act. 10. Notice: Any notice or communication required to be given under this Agreement shall be in writing and shall be delivered personally, by courier or sent by registered mail, postage prepaid with return receipt requested, or sent by facsimile addressed to the other party at the address provided below or at such other address as either party shall later designate to the other in writing. All official notices or communications shall be addressed to the parties as follows: Orillia Area Community Development Corporation Box 2525 22 Peter Street South Orillia, Ontario L3 V 7A3 Fax: 705-325-6817 To the Recipient at the address shown on page 1. This letter of agreement is open for acceptance for fifteen (15) days from this date, after which it becomes null and void. Yours truly, Orillia Area Community Development Corporation Per: Signature of CDC Representative 4~i2n d:vT 1 ! P a'V to (srfi6' Title or Position The foregoing is hereby accepted this ay day of1 ~ G 2010 Page 6 of 7 Page 82 of 89 Agenda Item # 18m) - Being a By-Law to Authorize the Execution of the Letter of A... Township of Oro-Medonte Per: Signature of Recipient's Representative Title or Position Per: Signature of Recipient's Representative Title or Position Page 7 of 7 Page 83 of 89 Agenda Item # 18m) - Being a By-Law to Authorize the Execution of the Letter of A... SCHEDULE A The Project - Statement of Work Fund Name: Community Capacity Fund File Number: CCF-014-09 Recipient Name: Township of Oro-Medonte Contact Person: Robin Dunn Funding Period: January 15 to March 31, 2010 Cost Summary Item Total Cost CDC Contribution Recipient Contribution Creation of a Project Development Plan $45,000 $5,000 $45,000 Payment Terms: Initial advance of 25% of contract. Subsequent payment and/or advances based on financial claims. Eligible costs include the amount of federal goods and services tax (GST), net of any refund or eligible credits due from the Canada Revenue Agency. Holdback of 20% of contract. Project Activity Summary Activity Deliverable Time Frame Creation of a Project Development Plan Successful creation of a Project Development Plan January 15 to March 31, 2010 Page 84 of 89 Agenda Item # 18n) - A By-law to Appoint Representatives to the Georgian Valley A... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-036 A By-law to Appoint Representatives to the Georgian Valley Advisory Committee and to Repeal By-Law No. 2010-012 WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS Council of the Township of Oro-Medonte appoints representatives to various committees/organizations and technical support groups; AND WHEREAS Council enacted Motion CW091007-18 authorizing the Township of Tay, Township of Oro-Medonte and Skyline International Development Inc. to enter into the Memorandum of Understanding to provide a framework for establishing a public/private partnership that will enable the development of infrastructure; AND WHEREAS Council did on the 13th day of January, 2010, enact By-Law No. 2010- 012, A By-law to Appoint Representatives to the Georgian Valley Advisory Committee; AND WHEREAS Council now deems it expedient to appoint an additional member to the Georgian Valley Advisory Committee. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the following Members of Council be appointed to the Georgian Valley Advisory Committee for the remaining term of Council: • Mayor H.S. Hughes • Councillor Mel Coutanche 2. That the following public representatives be appointed to the Georgian Valley Advisory Committee for the remaining term of Council: • John Thornton • Frederick Beck • Rick Madden 3. That By-Law No. 2010-012 be repealed in its entirety. 4. That this by-law shall take effect on the final passing thereof BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 85 of 89 Agenda Item # 18o) - A By-Law to Amend By-Law No. 2007-021, "A By-law to Appoint THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-037 A By-Law to Amend By-Law No. 2007-021, "A By-law to Appoint Representatives to Various Committees/ Organizations and Technical Support Groups" WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS Council of the Township of Oro-Medonte appoints representatives to various committees/organizations and technical support groups; AND WHEREAS Council of the Township of Oro-Medonte did, on the 14`h day of February 2007, enact By-law No. 2007-021, A By-law to Appoint Representatives to Various Committees/Organizations and Technical Support Groups; AND WHEREAS Council deems it necessary to amend By-Law No. 2007-021 NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Schedule "F" of By-law No. 2007-021 be amended to remove "Rick Webster" and add "Roy Hastings". 3. And That this by-law shall be deemed to have come into force and taken effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 86 of 89 Agenda Item # 18p) - A By-law to Adopt an Asset Transfer Policy for the Municipal... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-038 A By-law to Adopt an Asset Transfer Policy for the Municipal Services Corporation (Lake Simcoe Regional Airport Inc.) WHEREAS the City of Barrie and the Township of Oro-Medonte are members of the existing non-share capital corporation incorporated under the Corporations Act (Ontario) under the name "Lake Simcoe Regional Airport" ("LSRA"); AND WHEREAS the LSRA manages and operates a regional airport ("Airport") capable of handling a broad range of aircraft, including helicopters and commercial jet aircraft; AND WHEREAS the City of Barrie, the Township of Oro-Medonte and the City of Orillia previously entered into an agreement made the 10th day of June, 2002 (the "Old Agreement") in relation to the management, operation and governance of the Airport; AND WHEREAS section 203(1) of the Municipal Act, 2001 (Ontario) and Ontario Regulation 599/06 (as amended by Amended Ontario Regulation 371/07) permits the establishment of a new corporation ("Newco") formed under the Business Corporations Act (Ontario) ("OBCA") and designated as a "municipal services corporation"; AND WHEREAS the proposed name of Newco is the "Lake Simcoe Regional Airport Inc."; AND WHEREAS as required by the Municipal Act, 2001 (Ontario) and related Regulations in connection with forming a "municipal services corporation", the Township of Oro-Medonte will be required to (i) prepare a "Business Case Study" in respect to Airport and the proposed transfer of its assets and liabilities to Newco (as per Section 6 of the Regulations), (ii) hold "public consultations" with the public about the proposal to establish Newco (as per Section 8 of the Regulations) and (iii) adopt and maintain an asset transfer policy ("Asset Transfer Policy') in respect to transfers to corporations (as per Section 7 of the Regulations), AND WHEREAS the City of Barrie and the Township of Oro-Medonte propose to enter into a new agreement (the "New Agreement'), in substitution and replacement of the Old Agreement, in respect to, among other matters, (i) the operation, management and improvement of the Airport in the name of Newco and (ii) the governance of Newco by its shareholders thereof, as authorized by Township of Oro-Medonte By-law No. 2010-015; AND WHEREAS the City of Barrie and the Township of Oro-Medonte now jointly desire to transfer the assets, liabilities and undertakings association with the Airport and the LSRA, to a new corporation ("Newco") formed under the Business Corporations Act (Ontario) ("OBCA") and designated as a "municipal services corporation"; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Asset Transfer Policy, attached hereto as Schedule "A" and forming part of this by-law, is hereby adopted. 2. This by-law shall take effect on the final passing thereof BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 87 of 89 Agenda Item # 18p) - A By-law to Adopt an Asset Transfer Policy for the Municipal... Schedule "A" To By-law No. 2010-038 for The Corporation of the Township of Oro-Medonte ASSET TRANSFER POLICY The following Asset Transfer Policy is hereby adopted by the Township of Oro-Medonte in respect to the transfer of assets to the Lake Simcoe Regional Airport Inc., a municipal service corporation as contemplated under the Municipal Act, 2001 and related regulations including O.Reg 599/06 (as amended by Amended Ontario Reg. 371/07). 1. All transfers of assets and assumptions of liabilities shall be documented and evidenced by a bill of sale or other form of general conveyance and assumption document. A listing of assets and liabilities/commitments shall be attached to any such conveyance document. 2. All transfers of assets shall be effected in as tax efficient a manner as possible. In this regard, appropriate tax and/or accounting advice should be obtained prior to the transfer of any assets in question. 3. Relevant corporate and/or personal property searches shall be conducted to ensure that none of the municipal assets to be transferred is subject to any encumbrance or other security interest, unless same is to be a permitted encumbrance. 4. Council approval shall be obtained in respect to any proposed transfer of assets or liabilities. 5. All transfers shall be completed in accordance with the Municipal Act, 2001 and applicable regulations. Page 88 of 89 Agenda Item # 19a) - Being a By-Law to Confirm the Proceedings of the Council Mee... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-025 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, FEBRUARY 10, 2010 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, February 10, 2010, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 10th DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF FEBRUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 89 of 89