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09 22 2010 Council AgendaTounuhip of Proud Heritage, Exciting Future 1. CALL TO ORDER PRIVATE PRAYER/MOMENT OF REFLECTION: 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda 3. DISCLOSURE OF PECUNIARY INTEREST: 4. MINUTES OF COUNCIL: a) Minutes of Council meeting held on September 8, 2010. 5. MINUTES OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on September 15, 2010. b) Minutes of Committee of Adjustment meeting held on September 16, 2010. 6. RECOGNITION OF ACHIEVEMENTS: None. 7. PUBLIC MEETINGS: None. 8. DEPUTATIONS: None. 9. REPORTS OF MUNICIPAL OFFICERS: None. 10. REPORTS OF MEMBERS OF COUNCIL: TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, September 22, 2010 Time: 6:00 p.m. a) Mayor H.S. Hughes, re: Resolution from the Simcoe County Federation of Agriculture. b) Councillor Coutanche, re: Internal External Committee Review. 11. CONSENT AGENDA: a) Correspondence received on September 2, 2010 from Don Head, Commissioner, Correctional Service Canada, re: Proclamation Request, November 14 -21, 2010 "Restorative Justice Week 2010 Staff Recommendation: Receive, Proclaim and Post on Township's Website. Page 1 of 37 Council Agenda Wednesday, September 22, 2010 11. b) CONSENT AGENDA: Correspondence dated September 9, 2010 from John Sustersic, Marketing and Events Manager, Hardwood Ski and Bike, re: Hardwood Ski and Bike and Ride Guide TV. Staff Recommendation: Receive. 12. COMMUNICATIONS: a) Correspondence dated July 13, 2010 from Sherri -Ann Bloom, Land Owner, and correspondence dated September 10, 2010, Nikki Smith, Assistant, Blooming Acres, re: Community Safety Zone, Reduction of Speed Limit and Prohibit Freight/Transport Truck Access Line 5 North. b) Correspondence dated July 30, 2010 from Brenda Houben, 2189952 Ontario Limited, re: Request for Renaming of Street Houben Street to Crombie Crescent and Naming of Park Nolyn Park. 13. NOTICE OF MOTIONS: None. 14. CLOSED SESSION ITEMS: None. 15. BY -LAWS: a) By -Law No. 2010 -164 Being a By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and David John Lefevre and Dawn Elizabeth Martin described as lands as follows: West Part of Lot 26 Concession 9, Being Part 6, on Plan 51R-36216 Being all of PIN 74032 -0230 (LT), 89 Springhome Road East TOWNSHIP OF ORO- MEDONTE Former Township of Oro PIN 74032 -0230 (LT) Roll# 4346- 010 009 -68970 Township of Oro Medonte, County of Simcoe. b) By -Law No. 2010 -165 Being a By -law to remove the Holding symbol applying to lands located at West Part of Lot 26, Concession 9, Being Part 6, on Plan 51R-36216, Being all of PIN 74032 -0230 (LT), 89 Springhome Road East (Lefevre Martin). c) By -Law No. 2010 -167 Being a By -law to authorize the execution of a tax arrears extension agreement [Schedule B to be distributed at the meeting]. 16. CONFIRMATION BY -LAW: Page 2 of 37 Council Agenda Wednesday, September 22, 2010 16. CONFIRMATION BY -LAW: a) By -Law No. 2010 -166 Being a By -Law to confirm the proceedings of the Council Meeting held on Wednesday, September 22, 2010. 17. ANNOUNCEMENTS OF INTEREST TO THE PUBLIC: 18. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 19. ADJOURNMENT: a) Motion to Adjourn Page 3 of 37 5b) Minutes of Committee of Adjustment m... THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Proud Heritage, Exating Furors Thursday, September 16, 2010 9:34 a.m. Present: Bruce Chappell, Chair Roy Hastings Garry Potter 3. DISCLOSURE OF PECUNIARY INTEREST None declared. 4. ADOPTION OF MINUTES a) Motion to Adopt Minutes Motion No. CA100916 -2 Moved by Aiken, Seconded by Lynch Lynda Aiken Michelle Lynch Staff present: Steven Farquharson, Secretary Treasurer /Intermediate Planner Alan Wiebe, Planner Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator 1. OPENING OF THE MEETING BY THE CHAIR Bruce Chappell assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to Adopt the Agenda Motion No. CA100916 -1 Moved by Hastings, Seconded by Potter It is recommended that the agenda for the meeting of Thursday, September 16, 2010 be received and adopted. It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, August 19, 2010 be adopted as presented. Carried. Carried. Page 1 of 7 Page 4 of 37 5b) Minutes of Committee of Adjustment m... Committee of Adjustment Minutes Thursday, September 16, 2010 5. PUBLIC MEETINGS: a) 2010 -A -32 James Rogers 79 Stanley Avenue, Plan 626, Lot 105 Relief from minimum front yard, minimum exterior side yard, sight lines on a corner lot and setbacks for driveways. John Raimondi, agent, was present. The Committee received correspondence from Joanne Taylor dated September 15, 2010 and correspondence from Jim Stewart dated September 14, 2010. Joanne and Kevin Pembleton noted that the proposed driveway would create road hazards and difficulties in accessing their driveway with their work and recreational vehicles, noted potential loss of sunlight to their front yard due to the height of the proposed structure, the proposed decks would give the property owner a direct view into their master bedroom, noted potential additional strain on ditches due to snow removal from an additional driveway and that the proposal was intrusive on the corner of the two roads. Brenda Prosser noted that the proposal is not in character with the neighbourhood and that an additional driveway on Simcoeside could not be supported. Peter Svensson noted ditching concerns which would cause his property to flood, the proposal would obstruct his view and questioned where the septic would be in comparison to his well. Motion No. CA100916 -3 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment defeats Variance Application 2010 -A -32 as it is not in keeping with the neighbourhood nor is the application considered minor. Carried. Page 2 of 7 Page 5 of 37 5b) Minutes of Committee of Adjustment m... Committee of Adjustment Minutes Thursday, September 16, 2010 b) 2010 -A -31 Catherine Jo -Anne and George Armstrong Thompson 21 Patterson Road, Plan 1719, RP 51R-9538, Part 1 Relief from minimum interior side yard setback. No one was present on behalf of the application. Motion No. CA100916 -4 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment defers Variance Application 2010 A-31 at the request of the applicant. Carried. Page 3 of 7 Page 6 of 37 5b) Minutes of Committee of Adjustment m... Committee of Adjustment Minutes Thursday, September 16, 2010 c) 2010 30 Horseshoe Valley Lands Limited Part of Lots 3 and 4, Concession 4 Relief from temporary construction and sales. John Boville, agent, was present. Catherine Fortune, Helen MacRae, Donald McKay and U.B. Surmann questioned which streets the model homes would face and how the developer would address potential increased traffic, streetlighting, dumping, destruction of landscape and the potential road deterioration. Motion No. CA100916 -5 Moved by Potter, Seconded by Lynch It is recommended that the Committee of Adjustment approve Variance Application 2010 -A -30, to provide relief from Zoning By -law 97 -95, with respect to the construction of two model homes on the subject lots. Subject to the following conditions: 1. That the applicant apply for, and obtain, the removal of the Holding (H) Provision which currently applies to the lands in which Lot 56 is located prior to the use of this lot for the construction of a model home; 2. That the setbacks for the model homes be in conformity with the Residential One Zone with Exception 140 (R1 *140), in Zoning By -Law 97 -95, as amended; 3. That all other forms of development associated with the model homes be in conformity with the applicable Zoning By -Law 97 -95, as amended; 4. That the applicant obtain any permits and /or approvals, if required, from Nottawasaga Valley Conservation Authority; 5. That the appropriate zoning certificate(s) and building permit(s) be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13.; 6. And That the second model home be built on Lot 56, as per Schedule 2 of the report for Variance Application 2010 -A -30. Carried. Page 4 of 7 Page 7 of 37 5b) Minutes of Committee of Adjustment m... Committee of Adjustment Minutes Thursday, September 16, 2010 d) 2010 -B -28 Gordon Arnaut 2600 Townline East Part of Lot 12, Concession 14, RP 51R-36312 Part 1 Boundary adjustment. Gordon Arnaut, was present. Motion No. CA100916 -6 Moved by Hastings, Seconded by Aiken It is recommended that the Committee of Adjustment approve Consent Application 2010 -B -28, being to permit a boundary adjustment. The subject land being 2600 Townline, to convey land having an area of approximately 19 hectares (46 acres) to be added to the adjacent land to the north also owned by the applicant. Subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with the 2508 Townline Road to the north (enhanced lands, per Schedule #2), and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 5 of 7 Page 8 of 37 5b) Minutes of Committee of Adjustment m... Committee of Adjustment Minutes Thursday, September 16, 2010 e) 2010 -B -27 Harvie Peter Johnstone, Douglas Hardy Johnstone, Edna Eileen Ayers, Margaret Eileen Ayers, Norma Irene Harvie 451/421 Line 14 North, Concession 1, Part of Lot 12, Parts 1, 2, and 3, Registered Plan 51R20203 Boundary adjustment. Douglas Downey, agent, was present. Motion No. CA100916 -7 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment approve Consent Application 2010 -B -27, being to permit a boundary adjustment. The subject land being Part of Lot 12, Concession 1, Parts 1, 2, and 3, and it presently occupies an area of approximately 41.6 hectares (102.83 acres), has frontage on Line 14 North of approximately 465.6 metres (1,527.5 feet), and a depth of approximately 679.3 metres (2,228.6 feet). The lands proposed to be conveyed have frontage on Line 14 North of approximately 108.7 metres (356.6 feet), occupy an area of approximately 7.13 hectares (17.61 acres), and do not presently contain any buildings or structures. The lands to be retained would have frontage on Line 14 North of approximately 356.9 metres (1,170.9 feet), occupy an area of approximately 34.5 hectares (85.22 acres), and presently contain a dwelling and a barn. Subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with the 100 acre lot to the south, known as Part 7, West Half Lot 13, Concession 1, and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 6 of 7 Page 9 of 37 5b) Minutes of Committee of Adjustment m... Committee of Adjustment Minutes Thursday, September 16, 2010 f) 2010 -B -26 UCCI Consolidation Companies Inc. Lot 27, Plan M -187, Lot 23, Concession 5 Boundary adjustment. Bryan Davidson, agent, was present. Motion No. CA100916 -8 Moved by Aiken, Seconded by Potter It is recommended that the Committee of Adjustment defer Application 2010 -B -26, in order for Planning Staff to make further comments and to request additional information from the applicant. Carried. 6. NEW BUSINESS: None. 7. NEXT MEETING DATE Thursday, October 21, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to Adjourn Motion No. CA100916 -9 Moved by Potter, Seconded by Lynch It is recommended that we do now adjourn at 12:42 p.m. Carried. Bruce Chappell, Chair Steven Farquharson, Secretary Treasurer Page 7 of 7 Page 10 of 37 10a) Mayor H.S. Hughes, re: Resolution f... Brissette, Marie From: Simcoe OFA [scfa @drlogick.com] Sent: September -15 -10 10:50 AM To: Brissette, Marie Subject: Resolution 2010.doc Resolution Whereas the Preservation of farmland is important to farmers, Whereas we consider large scale solar energy developments on good farmland inappropriate, Whereas there are concerns of soil erosion, baked soil, disrupted carbon and nitrogen fixing, uncertainties of lease agreement details, and un- bonded construction projects, Therefore Be It Resolved that the Simcoe County Federation of Agriculture request the Ontario Federation of Agriculture to prepare an assessment, such as was done for the Wind Leases, listing possible risks and liabilities. Submitted by the Simcoe County Federation of Agriculture August 17, 2010 1 Page 11 of 37 11 a) Correspondence received on Septembe... Correctional Service Service con Canada Canada RECERTED Ottawa, Canada KM OK SEP 0 2 2010 ORO- NIEDONTE TOWNSHIP It gives me great pleasure to call upon all Mayors, Reeves, Councillors and community leaders from across Canada to proclaim Restorative Justice Week 2010. The Correctional Service of Canada (CSC) has been an active partner in the restorative justice community for more than a decade and has been proud to provide leadership to the annual celebration since 1996. Restorative Justice Week 2010 will be held in Canada, and throughout the world, from November 14th 21st for the purpose of sharing the concrete leaming and results that have come from the growing experience of practitioners and stakeholders in the application of a restorative Justice approach and processes. The theme this year is "Retlexlons Past, Present and Future which acknowledges the beginning of a new decade as a good time to reflect on the growth and achievements of the past; to take stock of the present; and to set new objectives for the future. In 2009, there were 164 towns and cities across Canada, representing almost 30% of the Canadian population, who proclaimed Restorative Justice Week. The provinces of British- Columbia, Manitoba, and Nova Scotia also proclaimed. You can see a list of the 2009 proclamations on our website at www.csc- scc.ac.ca/ text /rj /rj2009 /proc09- ena.shtml Things you could do as leaders in your community include the following: Declare proclaim Restorative Justice Week 2010. Our website hosts a printable version of the proclamation form: www. cs c- scc.gc.cal text lrj /rj2010 /aenpro c- e ng.shtml Host a town hall meeting to promote an awareness of how restorative justice is expressed in your communities; Promote an open, respectful dialogue in an effort to help members of your community deal with issues such as community safety and relationship deterioration caused by conflict, in order to nurture the healing process; Challenge your community partners to create a local planning committee for Restorative Justice Week 2010 activities; Invite a guest speaker from your community, who is involved in restorative justice, to share their perspectives. Municipal participation in.previous years has been a great success. This year, we hope to build on this success with your support. Please let us know if your city, town or village is planning an event or proclaiming Restorative Justice Week 2010. We would like to recognise your participation on our website and in our national report. Please fax a copy of the proclamation or the minutes of the meeting declaring /proclaiming Restorative Justice Week 2010, as well as your contact information, to the attention of Manon Buck at (613) 943 -2171. Should you require someone to talk to your city council or if you would simply like more information, please contact CSC's Restorative Justice Division at RestorativeJustice t csc- scc.gc.ca, Don Head Commissioner Canada Page 12 of 37 11a) Correspondence received on Septembe... Past, Present ai Future 'W.�FE4 5, in the face of crime or conflict, restorative justice offers a philosophy and approach that views these matters principally as harm done to people and relationships; and 'W4FE4 S, restorative justice approaches strive to provide support and opportunities for the voluntary participation and communication between those affected by crime and conflict (victims, offenders, community) to encourage accountability, reparation and a movement towards understanding, feelings of satisfaction, healing and a sense of closure; and Womcgos, this year's theme for Restorative Justice Week is "Reflexions Past, Present and Future it is an opportunity to learn about restorative justice, educate and celebrate along with other communities across the country during the week. Therefore, I, do hereyy (Title and Name), ,proclaim November 14 Novem6er 21, 2010 as 40storative Justice Weekin the of (type of municipality) (name of municipality) Page 13 of 37 11 b) Correspondence dated September 9, 2... Brissette, Marie Subject: From: John Sustersic Sent: Thursday, September 09, 2010 2:10 PM To: Hughes, Harry Subject: Hardwood Ski and Bike and Ride Guide TV Mayor Hughes, Best regards, RE: Hardwood Ski and Bike and Ride Guide TV Just wanted to say thank you for your help and support in getting the funding for the Ride Guide episode. The crew will be filming at Hardwood and the area on September 23 and 24` John Sustersic Marketing and Events Manager Hardwood Ski and Bike Phone 705 487 3775 Fax 705 487 2153 marketing ahardwoodskiandbike.ca www. hardwoodskiandbike. ca http: www .facebook.com /pages /Orillia -ON/ Hardwood- Ski and- Bike/47385438639 1 Page 14 of 37 12a) Correspondence dated July 13, 2010 Township of Oro Medonte Township Clerk 148 Line 7 South Oro, ON LOL 2X0 September 10, 2010 To Whom It May Concern: Mayor Harry Hughes recently had a conversation with Dr. Howard Bloom, founder of Blooming Aces; residential care homes for autistic. children. In their conversation, Dr. Bloom had mentioned that he and his wife Sherri-Ann Bloom sent a letter to Mayor Hughes back in July of this year regarding the speed limit on Line 5 North, Oro. Harry had no knowledge of this letter, and asked that it be forwarded to him again. As promised, enclosed is copy of the letter sent on July 13, 2010. This copy has not been signed, as I do not have a copy of the original, signed letter. Please pass this on to Mayor Hughes. If you have any questions, please do not hesitate to contact me at (705) 733 -8785 ext 222. Sincerely, N1ki Smith Assistant Encl. L Blooming Acres Farm 1208 Line 5 North, Oro Medonte L O EtEIVEIY SEP 1 5 2010 RO- MEDONTE TOWNSHIP Snow Valley Lodge 2446 Snow Valley Rd., Springwater 000m111g .Acr Head Office: 2446 Snow Valley Rd., RR 3 Minesing, Ontario, LOL 1Y3 Tel: (705) 733 -8785 Fax: (705)733 -9463 Ema i l:info@bloomingacres.com www.bloomingacres.com A residential community for individuals with multiple complex spedal needs. Residential Care, Respite Day Programme Blooming Acres is a division of 1308606 Ontario LTD. +1998 to 2008 10th Anniversary+ Page 15 of 37 12a) Correspondence dated July 13, 2010 Harry Hughes Mayor 148 Line 7 South Oro, ON LOL 2X0 July 13, 2010 Dear Harry Hughes; I, Sherri -Ann Bloom, and my husband, Howard Bloom, are the land owners of 1208 Line 5 North Oro Medonte. At this location, we run a Residential Care Home for children, youth and adults with multiple, complex and special needs. Upon discussion with our neighbours, we are agreed and optimistic that the Township of Oro Medonte will re -zone Line 5 North to a Community Safety Zone with a speed limit of 50 km, as well as prohibit Freight/Transport trucks access on this concession. At Blooming Acres, our resident's are kept physically active. We do this by taking our residents for walks twice daily down Line 5 North. Both staff and residents enjoy these daily walks. Unfortunately since this road has been paved, our neighbours, staff and residents have witnessed many vehicles speeding down the newly paved road. With no sidewalks in this area, there are not many places for our residents and staff to go when large Freight/Transport trucks or speeding vehicles go by. These speeding vehicles and Freight/Transport trucks have made our neighbours, residents and staff feel unsafe on this roadway! In an effort to keep our residents, staff and neighbours safe, we request that Line 5 North be changed to a Community Safety Zone with a speed limit of 50 km, and prohibit Freight/Transport trucks access. We anticipate that the Township of Oro Medonte agrees that the safety of our residents, staff and our neighbours is an important issue, and we are hopeful that the Township of Oro Medonte will indeed change the zoning, reduce the speed limit and prohibit large vehicles on our Line 5 North concession. Please contact my assistant N1ki Smith, if you have any questions or concerns regarding this request. She can be reached at (705) 733 -8785 ext 222, or nsrnith @bloomingacres.com Sincerely, Sherri-Ann Bloom Land Owner Blooming Acres Farm 1208 Line 5 North, Oro Medonte Snow Valley Lodge 2446 Snow Valley Rd., Springwater 0oO11 .Acr Head Office: 2446 Snow Valley Rd., RR'3 Minesing, Ontario, LOL 1Y3 Tel: (705) 733 -8785 Fax: (705) 733 -9463 Emaikinfo@bloomingades.com www.bloomingacres.com A residential community for individuals with multiple complex spedal needs. Residential Care, Respite Day Programme Blooming .Acres is a division of 1308606 Ontario LTD. +1998 to 200810' Anniversary+ Page 16 of 37 12b) Correspondence dated July 30, 2010 July 30, 2010 Mr. Doug Irwin Clerk/Director Corporate Services Township of Oro Medonte 148 Line 7 South Oro ON LOL 2X0 Dear Mr. Irwin: 2189952 Limited 912 Old Barrie Road East R.R. 2 Hawkestone ON LOL 1TO AUG 31 2010 ORO-MEDONT TOWNSHIP r RE: Request for Renaming of Street and Naming of Park Houben Street to Crombie Crescent (former Plan of Subdivision File 43T-94003) This letter is to respectfully request Council's consideration of renaming a street contained within a recently approved plan of subdivision at the northeast corner of Old Barrie Road and Concession 9. In 2008, the Township named Houben Street as part of the final registration process for the above referenced subdivision. Since that time, the subdivision has been registered and services have been established. The first home is now being constructed on the site but no residents have yet to move into the development. My review of the County of Simcoe GIS also indicates that the name Houben Street is not yet recognized. I would like Council to consider renaming Houben Street to Crombie Crescent. As part of our original street naming request, `Crombie' was previously put forward in July 2004 as a viable alternative but never adopted. As per the Township's Street Naming Policy, I propose to maintain the name of the second street in the development as Key Court as was previously supplied to me from the Oro and Medonte Honour Rolls. The Township's Street Naming Policy specifically indicates in Section 2 that where there are 2 or more street names, at least one name will have regard to Section 1 (i.e. Memorial Roll). I feel that Crombie Crescent is an appropriate street name for this development. It represents the surname of my father who moved into the Township as a veteran after fighting in World War II. The preference for Crombie Court also maintains the family heritage theme for the subdivision. Crombie is the maiden name of my mother who was the head housekeeper for Lord and Lady Glasgow in Scotland at the Kelburn Castle in Fairlie Scotland. The castle remains in the Glasgow family to this day. My preliminary review of street names in surrounding municipalities has not found a similar name thereby satisfying 911 address requirements and minimizing possible confusion with other addresses. Page 17 of 37 12b) Correspondence dated July 30, 2010 While this matter is before Council, I would also like to request that the park contained within the new subdivision be named Nolyn Park after my only grandchild. I am not familiar with the park naming process and would be happy to meet with your staff to discuss this idea if required. I trust that this explanation will assist the Township in the naming of the proposed streets. The proposed names are considered appropriate given their historical background, consistency with Township policy and the continued connection with my family. I look forward to your consideration of my request and would be happy to answer any questions that you may have. I can be contacted anytime on 487 -3839. Sincerely, Brendaltouben (I have the authority to bind the corporation) Page 18 of 37 15a) Being a By -law to Authorize the Exe... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -164 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte Mayor, H.S. Hughes Clerk, J. Douglas Irwin and David John Lefevre and Dawn Elizabeth Martin described as lands as follows: West Part of Lot 26 Concession 9, Being Part 6, on Plan 51R-36216 Being all of PIN 74032 -0230 (LT), 89 Springhome Road East TOWNSHIP OF ORO- MEDONTE Former Township of Oro PIN 74032-0230 (LT) Roli# 4346 010 009 -68970 Township of Oro Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 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; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A on lands described on the attached Schedule "A 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 22 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Page 19 of 37 15a) Being a By -law to Authorize the Exe... September 22, 2010 By -Law No. 2010 -164 APPENDIX "A" SITE PLAN AGREEMENT between DAVID JOHN LEFEVRE DAWN ELIZABETH MARTIN and THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS West Part of Lot 26, Concession 9, Being Part 6, on Plan 51R -36216 Being all of PIN 74032 -0230 (LT) 89 Springhome Home Roll 4346- 010 009 -68970 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE Page 20 of 37 15a) Being a By -law to Authorize the Exe... TABLE OF CONTENTS Schedule "A" Schedule "B" Schedule "C" Schedule "D" THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction 2 Page 21 of 37 15a) Being a By -law to Authorize the Exe... BETWEEN: SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 22 day of September, 2010, in accordance with Section 41 of the Planning Act. DAVID JOHN LEFEVRE AND DAWN ELIZABETH MARTIN Hereinafter called the "Owners" PARTY OF THE FIRST PART -and THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owners have applied to the Township of Oro Medonte to permit the construction of a single detached dwelling with covered porch on lands described in Schedule "A attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the lands as a "Site Plan Control Area AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 22 of 37 15a) Being a By -law to Authorize the Exe... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the construction of a single detached dwelling with covered porch described in the Site Plan; Foundation, 1 Floor, and Loft Floor Plans; Sections; Front/Rear and Left/Right Side Elevations, Details, and Garage drawings. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 4 Page 23 of 37 15a) Being a By -law to Authorize the Exe... a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B g) e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. I) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. j) Tree Preservation No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, and driveway, as shown on approved Site Plan Drawing A- 1 prepared by Owen Design Consultants Ltd., dated August 2010, unless dead or diseased. 5 Page 24 of 37 15a) Being a By -law to Authorize the Exe... 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work the following securities: a) Cash in the amount of one hundred percent (100 of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E with an automatic renewal clause in the amount of one hundred percent (100 of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 6 Page 25 of 37 15a) Being a By -law to Authorize the Exe... 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED 7 David John Lefevre Owner Dawn Elizabeth Martin Owner The Corporation of the Township of Oro Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 26 of 37 15a) Being a By -law to Authorize the Exe... NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and David John Lefevre and Dawn Elizabeth Martin LEGAL DESCRIPTION OF LANDS SCHEDULE "A" West Part of Lot 26, Concession 9, Being Part 6, on Plan 51R36216 Being all of PIN 74032 -0230 (LT) 89 Springhome Road Roll 4346- 010 009 -68970 8 Page 27 of 37 15a) Being a By -law to Authorize the Exe... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and David John Lefevre and Dawn Elizabeth Martin SITE PLAN Site Plan Drawing is available from the Township of Oro Medonte. 9 Page 28 of 37 15a) Being a By -law to Authorize the Exe... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and David John Lefevre and Dawn Elizabeth Martin DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 Page 29 of 37 15a) Being a By -law to Authorize the Exe... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and David John Lefevre and Dawn Elizabeth Martin ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 N/A $1,000.00 Page 30 of 37 15b) Being a By -law to remove the Holdin... A By -law to remove the Holding symbol applying to lands located at West Part of Lot 26, Concession 9, Being Part 6, on Plan 51R- 36216, Being all of PIN 74032 -0230 (LT), 89 Springhome Road East (Lefevre Martin) WHEREAS the Council of the Corporation of the Township of Oro Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro Medonte enacts as follows: BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 22 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -165 1.Schedule 'A5', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "West Part of Lot 26, Concession 9, Being Part 6, on Plan 51R-36216, Being all of PIN 74032 -0230 (LT), 89 Springhome Road East (Lefevre and Martin)" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. Page 31 of 37 15b) Being a By -law to remove the Holdin... Schedule 'A' to By -Law No. 2010 -165 This is Schedule 'A' to By -Law 2010 -165 passed the 22 day of September, 2010. Mayor Clerk H.S. Hughes J. Douglas Irwin TOWNSHIP OF ORO- MEDONTE Page 32 of 37 15c) Being a By -law to authorize the exe... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -167 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 1 day of October, 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 October l 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. THAT this By -law shall have effect immediately upon final passing. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -law read a first, second and third time, and passed this 22 Day of September, 2010. Mayor,H.S. Hughes Clerk, J. Douglas Irwin Page 33 of 37 15c) Being a By -law to authorize the exe... Description of the land: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Roll 43 46 010 002 06800 SCHEDULE "A" BY -LAW NO. 2010 -167 CON 3 S PT LOT 20 RP 51R17111 PARTS 1 2 RP 51R30585 PART 2 Page 34 of 37 15c) Being a By -law to authorize the exe... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE SCHEDULE "B" BY -LAW NO. 2010 -167 THIS AGREEMENT made in triplicate the 22nd day of September, 2010. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Corporation" -and Combustion Research Canada Environmental Inc. 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 31th day of August, 2010 in the amount of $212,773.38 and a tax arrears certificate was registered in the Registry Office on the 1 day of October, 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 $5,600.00 (five thousand six hundred) dollars monthly, commencing on the 15 day of November, 2010, to and including the 15 day of November, 2012 and $6,600 (six thousand six hundred) dollars monthly, commencing on the 15 day of December 2012 to and including the 15 day of December, 2020. 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.O. 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. Page 35 of 37 15c) Being a By -law to authorize the exe... 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 2 Schedule "B" By -Law No. 2010 -167 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: 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 Witness Witness 74 Oro Medonte Line 3 N Shanty Bay, ON LOL 2L0 Signing Officer, Randolph Forbes Signing Officer, Jason Forbes Page 36 of 37 16a) Being a By -Law to confirm the proce... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -166 BEING A BY -LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 22, 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, September 22, 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, SECOND AND THIRD TIME, AND PASSED THIS 22 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 37 of 37