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10 13 2010 Council AgendaTivnship of Proud Heritage, Exciting Future a) Motion to Adopt the Agenda 3. DISCLOSURE OF PECUNIARY INTEREST: 6. RECOGNITION OF ACHIEVEMENTS: 7. PUBLIC MEETINGS: TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS nte Wednesday, October 13, 2010 TIME: 6:00p.m 1. CALL TO ORDER PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: 4. MINUTES OF COUNCIL: a) Minutes of Council meeting held on September 22, 2010. 5. MINUTES OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on October 6, 2010. a) 7:00 p.m. Proposed Amendment to the Zoning By -law, 2010- ZBA -03, West Part of Lot 20, Concession 10, 74 Schoolhouse Road (2187459 Ontario Limited). b) 7:00 p.m. Notice of Information Meeting, re: Proposed General Amendment to the Comprehensive Zoning By -Law of the Township of Oro Medonte. 8. DEPUTATIONS: a) 6:00 p.m. Lynn Patkau and Ginger (sang, Township of Springwater Library Board, re: Library Services Contract for 2011. 9. REPORTS OF MUNICIPAL OFFICERS: a) Nottawasaga Valley Conservation Authority and Lake Simcoe Region Conservation Authority, re: Presentation of Oro Moraine 2010 Report Card. b) Report No. F12010 -16, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Application for reduction of taxes pursuant to S. 357 of the Municipal Act. c) Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: 2009 Financial Statements. Page 1 of 197 Page 30 -35 36 -70 71 -78 79 -82 83 -88 89 -92 93 -99 100 -121 126 9. REPORTS OF MUNICIPAL OFFICERS: d) Report No. CS2010 -026, Doug Irwin, Director of Corporate Services, re: Microsoft Licensing. e) Andria Leigh, Director of Development Services, re: Severn Sound Sustainability Plan. f) Report No. D52010 -032 (Revised), Andria Leigh, Director of Development Services, re: Site Plan Agreement and Removal of Hold 2010 SPA -07 to 2010 SPA -10 (1198677 Ontario Limited) (Thomas Obradovich) Part of Lot 1, Concession 4 5 and Part of the Original Road Allowance Between Concessions 4 5(As Closed by by -law 1169) BEING PARTS 2,3, 4 and 5, PLAN 51R37085 (Former Township of Oro) [refer to Item 15f) and g)]. Report No. D52010 -046, Andria Leigh, Director of Development Services, re: Site Plan Agreement 2010 SPA -16 (2008628 Ontario Ltd) Part Lot 3, Concession 7, Oro, Parts 1, 2 3 Plan 51R31839 S/T Row Over Part 2 Plan 51 R31839 as in LT524692 (Former Township of Oro) [refer to Item 15b)]. h) Report No. D52010 -049, Andria Leigh, Director of Development Services, re: Zoning By -law Amendment 2010- ZBA -08 (1802281 Ontario Limited) Part of Lot 11, Concession 5 (Oro) [refer to Item 15d)]. i) Report No. DS2010 -050, Andria Leigh, Director of Development Services, re: Site Plan Agreement 2010 SPA -23 (Robert William Black, Gail Elizabeth Black and Carol Noel Black) Part of East Half of Lots 2 3, Concession 1 Being PIN #58531 -0393 (Former Township of Orillia) [refer to Item 15e)]. Report No. D52010 -051, Andria Leigh, Director of Development Services, re: Draft Plan of Subdivision, proposed red -lined revisions, Part of Lot 5, Concession 13 (Medonte), File: 43T -90082 (2063334 Ontario Inc.). k) Report No. D52010 -052, Andria Leigh, Director of Development Services, re: Lake Simcoe Aeropark Inc. Revised Draft Plan of Subdivision (File 2008 SUB-02) [to be distributed at meeting]. Report No. TES2010 -21, Jerry Ball, Director of Transportation and Environmental Services, re: Quotation Contract Results: TES2010 -09 Quotation for Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 Bass Lake Area. m) Memorandum dated October 8, 2010, Jerry Ball, Director of Transportation and Environmental Services, re: Designated Hauling Routes on Local Area Roads. g) 1) 122 -125 1) n) Jerry Ball, Director of Transportation and Environmental Services, re: Road Paving Update. 10. REPORTS OF MEMBERS OF COUNCIL: a) Deputy Mayor Hough, re: Possible Licensing of Cats within the Township of Oro Medonte. Page 2 of 197 Page 127 128 -129 130 -131 132 -134 135 -142 143 -154 b) 155 -158 159 -160 10. REPORTS OF MEMBERS OF COUNCIL: b) Councillor Coutanche, re: Internal External Committee Review. 11. CONSENT AGENDA: a) Minutes of Oro Medonte History Association meeting held on June 21, 2010. Staff Recommendation: Receive. 12. COMMUNICATIONS: a) Correspondence dated September 28, 2010 from John Britten, President, Orillia District Snowmobile Club, re: Memorandum of Understanding with the Ontario Federation of Snowmobile Clubs. b) Correspondence dated September 29, 2010 from S.E. Bragg, Gaviller Company, re: 2009 Year End Report. c) Correspondence dated October 6, 2010 from Stewart and Eleanor Bloom, re: Request to Purchase Road Allowance (McKay Street). 13. NOTICE OF MOTIONS: None. 14. CLOSED SESSION ITEMS: None. 15. BY -LAWS: a) By -Law No. 2010 -168 A By -law to Authorize the Execution of An Agreement Between The Corporation of the Township of Oro Medonte and Charles Thomas Manley and Sheila Mary Manley. By -Law No. 2010 -169 A By -law to Repeal By -law 2010 -160 and to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and 2008628 Ontario Ltd. described as lands as follows: Part Lot 3, Concession 7, Oro, Parts 1, 2 3 Plan 51R31839 S/T Row Over Part 2 Plan 51R31839 as in LT524692 Roll 4346- 010 003 -28401 Township of Oro Medonte, County of Simcoe. c) By -Law No. 2010 -170 Being a By -law to Authorize the Execution of a Tax Arrears Extension Agreement. d) By -Law No. 2010 -171 A By -law to remove the Holding symbol applying to lands located at Part of Lot 11, Concession 5 (Oro) (1802281 Ontario Limited). Page 3 of 197 Page 15. BY -LAWS: 161 -172 e) By -Law No. 2010 -172 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and Robert William Black, Gail Elizabeth Black, Carol Noel Black described as lands as follows: Part of East Half of Lots 2 3, Concession 1, Being PIN #58531 -0393 Roll 4346- 030 010 -1070 Township of Oro Medonte, County of Simcoe. By -Law No. 2010 -173 A By -law to Repeal By -law 2010 -158 and to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and 1198677 Ontario Limited described as lands as follows: Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by RO659014; Being Part 2,3 &5 Plan 51R37085 Roll 4346- 010 002 30010, 4346- 010 002 30020, 4346- 010 002 -30030 Township of Oro Medonte, County of Simcoe. By -Law No. 2010 -174 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and Thomas Obradovich described as lands as follows: Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by RO659014; Being Part 4 Plan 51R37085 4346- 010- 002 -30040 Township of Oro Medonte, County of Simcoe. 173 -184 f) 185 -196 g 197 16. CONFIRMATION BY -LAW: a) By -Law No. 2010 -175 Being a By -Law to confirm the proceedings of the Council Meeting held on Wednesday, October 13, 2010. 17. ANNOUNCEMENTS OF INTEREST TO THE PUBLIC: 18. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 19. ADJOURNMENT: a) Motion to Adjourn Page 4 of 197 09/27/2010 12:55 FAX 8a) 6:00 p.m. Lynn Patkau and Ginger Is... OM Presentation Subject: The Springwater Library Board would like to put forth to Council members our proposal regarding Oro-Medonte's library services contract for 2011. Reason why this presentation is important to Council and municipality Many residents of Oro Medonte shop and send their children to school in Elmvale and other parts of Springwater. Travelling to Barrie, Orillia, or Midland is often so far out of their way they don't use a library service at all. Your mandate states you will provide your residents with a "sustainable healthy community that enriches quality of life Libraries have much to offer toward that mandate! V Families in Oro Medonte have been using Springwater Libraries for over 30 years, are pleased with the service we offer, and would like to continue to do so without having to pay out of their pocket. a0002/0002 Page 5 of 197 8a) 6:00 p.m. Lynn Patkau and Ginger Is... 111M SPRINGWATER LIBRARY 411111PrAllMir IMP" Working in partnership with Oro -Medonte Township At the Springwater Township Public Library we believe in these values: Opportunity to read, to learn, and to discover Importance of literacy Principle of intellectual freedom Accessibility of programs and services to all Page 6 of 197 18/10/2010 1 8a) 6:00 p.m. Lynn Patkau and Ginger Is... Mission Statement The Springwater Township Public Library is a community- oriented partner and meeting place that promotes the joy of reading and lifelong learning. 11111,1.11S6 .16.1n*,,,11001K,1416 gaNIP L 1 Service Priorities Literacy Teaching people to use information resources Reading support for all ages Current Topics and Titles Continuing to develop collections of popular material in various formats General Information Equipping people with the information they need to learn, to make decisions, and to satisfy their curiosity Commons Providing public space that invites the community to participate, contemplate, and communicate Local History and Genealogy Preserving our past Page 7 of 197 18/10/2010 2 8a) 6:00 p.m. Lynn Patkau and Ginger Is... That do we have to offer Oro -I/fedonte? What do we have to offer Oro Medonte? 2 branches within proximity material available from all 3 branches Interlibrary loans for materials with 1- 2 weeks delivery Page 8 of 197 18/10/2010 3 8a) 6:00 p.m. Lynn Patkau and Ginger Is... March 2010 Springwater Library launched our website and online catalogue access. We are now a 24 hour service library! What do we have to offer Oro-Medonte? We recognize that creativity and staying up-to-date with new technologies are important to our patrons Page 9 of 197 18/10/2010 4 Our staff is always undergoing further education to provide excellent customer service. What do we have to offer Oro Medonte? All staff are fully trained In CPR, Defibrillator Assistive De vices an d Accessibility Training to ensure the medical safety of all our patrons. 8a) 6:00 p.m. Lynn Patkau and Ginger Is... HEROES Page 10 of 197 18/10/2010 5 8a) 6:00 p.m. Lynn Patkau and Ginger Is... What do we have to offer Oro Medonte? Programs for children q Regular storytime Early Years programs Summer Reading Programs Sleepytime evening story program What do we have to offer Oro- Medonte? Special guests Papa Clo nl ptile t yl Page 11 of 197 18/10/2010 6 COMING SOON! FULLY RENOVATED basement at the Elmvale Branch for family movie nights and enhanced children's programming! What do we have to offer Oro Medonte? Monthly after school kids craft thin Plants with What do we have to offer Oro Medonte? 8a) 6:00 p.m. Lynn Patkau and Ginger Is... Page 12 of 197 18/10/2010 7 What do we have to offer Oro Medonte? 4500 4000 3500 3000 2500 2000 1500 1000 500 0 2006 80 60 40 20- 0 Circulation 2007 2008 2009 What do we have to offer Oro Medonte? Number of Households E Total Memberships 8a) 6:00 p.m. Lynn Patkau and Ginger Is... Since 1970 Springwater Libraries have been providing long- term consistent service to Oro Medonte Township residents. These stats indicate your residents love our libraries! 2006 2007 2008 2009 Page 13 of 197 18/10/2010 8 What do we have to offer Oro-Medonte? 8a) 6:00 p.m. Lynn Patkau and Ginger Is... Stats Canada website shows the average number of persons in all census families for Oro-Medonte is 2.9 Springwater currently charges Midland at $29 per member Orillia at $47 per member $75.00 per household 1 84.10 per household $136.30 per household Barrie at $62.70 per member $181.8a per household omething to keep in In 2009, Oro-Medonte's monetary contribution was $8,250 (2.1% of onerating costs) Usage by Oro-Medonte patrons was 4,150 items (3.5% of usage) Page 14 of 197 18/10/2010 9 8a) 6:00 p.m. Lynn Patkau and Ginger Is... Currently, Springwater Library has had an INDEPENDENT return of 12 paid memberships by Oro-Medonte residents. This is a percentage of 11% Page 15 of 197 18/10/2010 10 You want To be this 8a) 6:00 p.m. Lynn Patkau and Ginger Is... 18/10/2010 Page 16 of 197 11 8a) 6:00 p.m. Lynn Patkau and Ginger Is... We would love to continue serving Oro Medonte Township! THE RIGHT TO READ BELONGS TO EVERYONE. Page 17 of 197 18/10/2010 12 Nottawasaga Valley Conservation 2010 Authority K Oro Moraine eport Card Prepared by: the NVCA LSRCA on behalf of the Oro Medonte Environmental Group Advisors Lake Simcoe Region Conservation Authority Legend '(,3 ao Maalne study Frey C{ Qc NAVain& Oro Moraine Study Area The Oro Moraine is a prominent natural landform extending northeast from Highway 400 to Orillia The vast majority of the Moraine lies within Oro Medonte Township. The west and east tips of the Moraine extend into Springwater Township and the City of Orillia, respectively. The Oro Moraine is approximately 21 km long by 6 km wide and covers an area about 141 km The Oro Moraine was formed over 12,000 years ago at the terminus of one or more glaciers. Huge volumes of silts, sands and gravels were deposited in this area. As the glaciers retreated, this material was sorted by glacial meltwaters, leaving a legacy of rolling sand and gravel deposits as well as meltwater valleys which cut into the edges of the Moraine. At first European contact in the early 1600s, more than 20,000 Wendats lived in pallisaded villages, growing corn, beans and squash on cleared, sandy fields in North Simcoe. The Rock Tribe (Arendarhonon) lived in villages located between Coldwater and Orillia. The Wendats, already decimated by smallpox, were destroyed in battle by the Iroquois in 1649 and the landscape soon reverted back to forests and wetlands. European settlers in the mid -1800s rapidly altered the landscape. Upland forests were cleared for farming, and areas of droughty soils were found to be unfit for farming and were soon abandoned. Reforestation efforts on these barren lands began in the 1930s and many of these plantations now form part of the Simcoe County forests. Sands and gravels on the Moraine came into demand to facilitate development and a number of areas were developed as borrow pits and, later, as licensed pits. Today, the Oro Moraine is a beautiful pastoral landscape dominated by a mosaic of forest cover, agricultural lands, small patches of residential development, sand and gravel pit operations and commercial recreation uses. This report ea 7 'describes the condition of natural features within the Oro Moraine Study Area and provides stewardship actions to help maintain the health of the area. Other report cards associated with the Moraine can be found on the NVCA, LSRCA and Couchiching Conservancy websites. 9a) Nottawasaga Valley Conservation Auth... B B A A Grades Stream Health Wetland Conditions Forest Conditions Groundwater Oro Moraine Study Area Severn Sound awasaga Bay Lake imcoe The Oro Moraine is the headwaters for watersheds draining west to Nottawasaga Bay, north to Severn Sound and south to Lake Simcoe. Forest cover on the Moraine and wetlands along its base provide important ecological functions and are connected to other natural areas in Simcoe County. Groundwater recharge on the Moraine provides important water supplies for residents. Resurfacing along the flanks of the Moraine, groundwater discharge provides clean, cold baseflow to headwater streams which support sensitive fish species such as brook trout. The Oro Moraine Study Area extends two kilometres outside the Moraine boundary. The wetlands and streams within two kilometres of the Moraine are strongly influenced by groundwater discharge at the base of the Moraine and are integral components of the Moraine ecosystem Changes in land use in areas next to the Moraine can affect ecosystem functions on the Moraine itself. Page 18 of 197 Forest Conditions dim Gracbe A Over the past seventy years, reforestation of marginal agricultural lands has increased forest cover on the Moraine. Much of this success is due to the efforts of the Simcoe County Forest program, which recognized the need to protect and reforest the cleared/barren lands in the 1920s. Simcoe County Forests now account for more than 30% of the forested areas within the Oro Moraine. Today, forests cover approximately 50% of the Moraine. Conifer plantation and hardwood maple forests dominate forest cover on the Moraine itself with mixed and conifer swamps present along the flanks of the Moraine. Swamp forest cover provides important winter habitat for deer. MOM,' Or MAR.. Rabux; Fy COPELAND FOREST RESOURCES. MANAGEMENT AREA A rdULTI.USE NATURAL RECREATIDN AREA V 4 1n 4. P �aalsuMa Ontario Indicators Forest Cover Forest Interior Riparian Cover Oro Moraine Results 9a) Nottawasaga Valley Conservation Auth... gend Natural Corridor Simcoe County Forest leg Forested interior M es Forested Area W rt. Oro Moraine Landform Oro Moraine Study Area Large intact forest blocks found on the Moraine provide significant habitat for wildlife species which require undisturbed, deep forest habitat (forest interior) to thrive. Maintaining large, connected blocks of forest cover is critical for area sensitive wildlife that need this type of habitat to survive. The hayfields and grasslands of the Oro Moraine support a number of bird species that require large tracts of open grassland habitat to survive. Several of these species —such as Bobolink, Eastern Meadowlark and Upland Sandpiper —are in steep decline in southern Ontario. The forests and fields of the Oro Moraine support species that are considered to be at risk both provincially and nationally. Forests support Endangered species such as American Ginseng and Butternut and Threatened species including Whip- poor -will. The landscape also supports species of Special Concern such as Milksnake, Red headed Woodpecker and Common Nighthawk. Indicator Description Streamside natural cover (riparian vegetation) filters pollutants and provides 60.5 e/a B important fish and wildlife habitat. Environment Canada suggests that at least 30 m on each side of the stream (over 75% of its length) should be in forest cover to support healthy streams. Page 19 of 197 5 -Year Trend Forest Cover is the percentage of the watershed that is forested. Environment Canada suggests 50.1 A that 30% forest cover is the minimum needed to support healthy wildlife habitat more cover- Insufficient Data age is beneficial. Forest interior is the area of forest that lies more than 100 m from a forest edge away from the windy, dry conditions and predators that are associated with the edge. Sensitive forest birds, Insufficient Data 21.36 A mammals, reptiles and amphibians require deep forest habitat for survival. Environment Canada suggests that 10% forest interior cover is the minimum needed to support a range of species. Insufficient Data Mr Forst Conditions Significant forest cover forms a broad are from Craighurst through the Copeland Forest and the core of the Moraine northeast to Bass Lake. The east portion of the moraine supports patchier forest cover and is dominated by agricultural land uses. The Copeland Forest is a large provincially significant forest tract located on the steep slopes of the Oro Moraine and headwater valleys of the Sturgeon and Coldwater Rivers. Consisting of a mix of upland and swamp forest, public hiking trails make this area a prime destination for outdoor enthusiasts. Headwater forest cover extending northeast to the Canadian Shield and south to Matheson Creek is an integral part of a natural corridor that extends northeast from the Niagara Escarpment to the east/southeast Canadian Shield. This provincial -scale corridor is highly significant. Forests and wetlands on the Oro Moraine provide critical linkages to natural areas in the Nottawasaga River watershed to the south and west, Lake Simcoe watershed to the east and the south shore of Severn Sound to the north. Stream Health Grad e B 4 The Oro Moraine has been divided into six headwater areas for this report. The Willow and Matheson Creek catchments flow south and west toward the Nottawasaga River. The combined Coldwater River /Sturgeon River catchment and North River catchment flow north to Severn Sound. The Hawkestone Creek and Oro Creeks North catchments flow south and east toward Lake Simcoe. The Willow Creek catchment arises on the southwest flanks of the Moraine. Groundwater discharge is relatively weak and headwater tributaries often flow through agricultural landscape with little natural cover. Stream health is generally "fair" with impacts associated with on- stream ponds, channel alterations and livestock access. The Matheson Creek catchment arises on the west and northwest flanks of the Moraine. Strong baseflows, coldwater habitat and "good" stream health characterize most of the headwater tributaries and brook trout are common. Most of these tributaries flow through forested landscapes and remain unaltered by human impacts. Streams with "fair" health may be impacted by on- stream ponds, sparse streamside habitat and/or highway impacts Highway 400 crosses all catchment tributaries. Indicators Stream Health Oro Moraine Results 9a) Nottawasaga Valley Conservation Auth... Indicator Description 5 -Year Trend Streams were assessed using a variety of parameters including fisheries, benthic inverte- Insufficient 2.48 B brates, water chemistry and general stream condition. Healthy streams receive a score of Data "3" while unhealthy streams receive a score of "1 Page 20 of 197 Stream Health Grae B The headwaters of the Sturgeon River arise within the northwest corner of the Moraine study area. Headwater tributaries flow through forest and wetland cover and are considered in "good" health. The Coldwater River catchment dominates the north central portion of the Oro Moraine. Incised tributary valleys cut into the Moraine, receiving substantial groundwater inputs. Flowing through natural landscapes, these tributaries exhibit "good" stream health and typically support brook trout. f,Mathes n Creek Catchment The Hawkestone Creek catchment arises along the southeast flanks of the Oro Moraine. Hawkestone Creek and its tributaries originate in headwater wetlands Groundwater inputs provide coldwater conditions that support sensitive species such as brook trout and mottled sculpin. Stream health is "good" throughout the study area. Overall, stream health is generally good within the Oro Moraine study area. Strong groundwater inputs along the flanks of the Moraine support coldwater habitat. Brook trout are found in many tributaries. Sources of impairment include: on- stream ponds, sparse streamside vegetation and stream alteration (ditching). Urban land uses, agricultural uses and recreation (golf courses) are associated with these impairments. Willow Creek Catchment 9a) Nottawasaga Valley Conservation Auth... A?oldwate r1S turg eon C4eieek Cat UaISton� Hawke`stone Cre'eyCalchmen''i Legend Blomonitoring Site Stream Health ti■• Good Fair maw r Poor aFtmo- Intermittent Catchment Area C3 Oro Moraine Study Area Forested Area Oro Moraine Landlorm North•Rt tchm Page 21 of 197 3rillia The northeast portion of the Oro Moraine drains toward Bass Lake which, in turn, feeds the North River system. Similar to Coldwater Creek, incised valleys cut into the Moraine and associated tributaries have strong, cold flows which often support brook trout. "Good" stream health in the headwaters of these tributaries often becomes degraded to "fair" toward Bass Lake as a result of on- stream ponds and stream alterations (ditching). The Oro Creeks North catchment arises along the southeast flanks of the Oro Moraine. Bluff's Creek and Mill Creek originate in headwater wetlands. Groundwater inputs provide coldwater conditions that support sensitive species such as brook trout and mottled sculpin. Stream health is generally "good Impacts (and "fair" health) are associated with on- stream ponds and sparse streamside habitat through agricultural areas. Wetland Conditions GT a(be B High, rolling terrain combined with sandy/ gravelly soils results in very low wetland coverage on the Oro Moraine itself. However, extensive groundwater discharge (seeps and springs) along the flanks of the Moraine support provincially 'significant wetlands—many of of which form the headwaters of coldwater streams. Headwater wetlands provide natural flood control along the flanks of the Moraine. Marsh and swamp (wooded) wetlands provide important habitat for a wide range of wildlife including wintering habitat for white- tailed deer. Groundwater discharge from many of these flanking wetlands contribute cold water flow to headwater streams which support brook trout and other sensitive coldwater species. Groundwater recharge in some wetlands maintains groundwater supplies. Wetland cover along the flanks of the Moraine is generally high. Some historic loss is associated with conversion to agricultural and urban land uses. Upland buffers next to wetlands are important for many species of wildlife such as waterfowl and woodland amphibians. The extent of these buffers is variable within the study area. There will be some loss of buffers in the Coulson area as a result of estate residential development approved through past planning decisions. Five wetland groupings within the Oro Moraine have been identified as provincially significant by the Ontario Ministry of Natural Resources. Provincial and municipal planning policies protect these wetlands from development and site alteration. Indicators Wetland Cover Wetland Buffer (100m buffer area) 9a) Nottawasaga Valley Conservation Auth... West Coulson Bass Lake Langman Marsh Copeland-Craighurst- Guthrie Complex Oro Moraine Results 13.05 A Indicator Description Hawkestone Wetland Complex Page 22 of 197 orlUIa Filtration Swamp Bluffs Creek West Wetland Legend C3 Oro Moraine Study Area es Localy SIgn ficant Wetlands et Provincially Significant Wetlands K Other Wetlands Oa Forested Ares c Ora Moraine Landfoon 10% wetland cover has been identified as a minimum guideline for healthy watersheds (Environment Canada) A buffer is a vegetated area next to a wetland or stream. Many wildlife 46.6 C species require adjacent upland areas for foraging, nesting and other Insufficient Data activities. Insu iciRnt.Data 9a) Nottawasaga Valley Conservation Auth... Groundwater Grate A What is groundwater? Contrary to popular belief, groundwater is not an underground river or lake. It is water that is stored under- ground in bedrock fractures or between sand and gravel grains. These underground storage areas are called aquifers. Where sediments have been deposited in layers, there can be a vertical series of aquifers, separated by fine- grained silts or clays (aquitards) which tend to block the downward movement of water. Aquifers located below aquitards are somewhat protected from potential contamination from the surface and are typically preferred for drinking water sources. Naturally occurring minerals in bedrock or sediments may occasionally affect the appearance, smell, or taste of groundwater. Where does groundwater come from? Groundwater is part of the water cycle. Water enters the landscape from rain and snowmelt. Some of this water runs directly into lakes and streams. Some is lost to evapotranspiration (evaporation from trees and other plants). The remainder of the water sinks into the soil, passing through plant roots into the water table (where soils and sediments are saturated) where it becomes groundwater. Downward passage of water into the shallow water table may be rapid a matter of hours, while passage into the lower aquifers may take weeks, months or years. Groundwater is dynamic, moving from sand and gravel recharge areas (where large amounts of water enter the groundwater system) to spring and seep discharge areas which feed streams and wetlands. Why is groundwater important? Groundwater is essential for a variety of human and ecosystem uses. It supports municipal water supplies, private water supplies and irrigation on some valuable farm lands. For rural residents relying on individual wells, groundwater is often the only available water supply. For many communities, it is by far the least expensive option for public water systems. Groundwater maintains stream flow and wetland levels during dry spells and is vital to the maintenance of ecological functions and biodiversity. Brook trout, a highly sensitive fish species, depend on groundwater to keep stream flows cool through the summer and to provide a hospitable habitat for their redds (nests) through the winter months. Groundwater Protection Shallow, unconfined aquifers consisting of sands and gravels are susceptible to contamination since any contaminants can quickly move from the ground surface through the coarse soils to the water table. Sources of contamination can include faulty septic systems, poorly constructed manure and milk waste storage areas, road salts, commercial/industrial discharges and urban/rural fertilizer and pesticide applications. Source water protection planning will be an important tool to protect municipal well supplies. Promotion of good stewardship practices will continue to be an important tool to protect rural groundwater supplies. Provincial Groundwater Monitoring Network (PGMN) The Ministry of the Environment -led Provincial Groundwater Monitoring Network (PGMN) is a partnership program which collects and manages ambient (baseline) groundwater level and quality information from key aquifers located across Ontario. Two PGMN wells are located on the Oro Moraine, within the Lake Simcoe Region Conservation Authority watershed. Chloride and nitrate levels have been consistently below provincial water quality objectives over the last 7 years at these wells. Therefore the groundwater grade on the moraine is currently an "A However, this reflects local conditions around these wells and does not necessarily reflect groundwater conditions elsewhere on the moraine. Chloride, a naturally occurring element, can be found at high concentrations due to human impacts (e.g. road salt, landfills) or natural background condition (typically shale bedrock). Testing for nitrates is especially important as high concentrations (above provincial objectives) can cause Blue Baby Syndrome, a potentially fatal condition for infants less than six months old. Page 23 of 197 9a) Nottawasaga Valley Conservation Auth... Groundwater Gracbe A Oro Moraine Aquifers Conceptual Oro Moraine Well The thick layers of sands and gravels Groundwater (GM ,mi Cross Section underlying the moraine are separated springs by clay /silt aquitards, resulting in the heaawaters formation of four distinct aquifers. sso m M theson creek 25 'an For additional information on Invasive Species, Prevention Techniques and Control Methods visit: Ontario Federation of Anglers and Hunters (OFAH) http: /www.ofah.org or Ontario Nature http: /www.ontarionature.org General Rules of Etiquette for Shared Use Trails Give the right -of -way to smaller and slower users. Stay right when approaching oncoming users. Stay on the trail surface. Don't make new trails or use unmarked trails. Keep pets on a leash and clean up after them. Obey signs. Do not climb fences or take shortcuts. Respect the privacy of landowners bordering the trails avoid excessive noise. Leave wildlife and plants for others to enjoy. Be aware of and adhere to only permitted uses along the trail. For guidelines for your specific form of trail use, please visit Simcoe County Trails —Ready to Explore!' at: www.simeoecountytrails.net/home/userguidelines.htm. springs headwaters Lake Simco The relatively unconfined Upper Aquifer is continuous throughout the Oro Moraine and is associated with a deep water table, where water lies far below the ground surface. The Regional Aquifer is commonly used for private water supplies as well as for municipal water supply wells. This aquifer is also fairly continuous throughout the Oro Moraine. The Lower Drift and Basal Gravel aquifers are deep aquifers and are of limited extent in the Oro Moraine area. Gezed GW en flew rali pairs we table Aquder Aquitard MI Oro Moraine Stewardship Whether you are a landowner or a visitor, you can do your part to keep the Oro Moraine healthy and vibrant by being a good steward. Here are a few tips on how you can do your part! Invasive Species Invasive species are organisms that have been introduced into areas where they haven't historically existed, and often lack natural predators to help control their spread. Invasive species can cause harm to native species damaging ecosystems and threatening biodiversity. While some invasive, non native species have already been introduced to the Moraine, the need for vigilance is high in order to prevent other undesirable species from becoming established. While control methods may seem labour intensive, a healthy, biologically diverse moraine will be worth the effort! Page 24 of 197 9a) Nottawasaga Valley Conservation Auth... Stewardship Septic Systems Inspect and maintain your tank —have it pumped every 2 to 3 years Do not dump toxic waste, fats /oiLs, or antibacterial products down your drain or toilet Have an effluent filter installed in your septic tank to prevent solids from clogging your system Avoid constructing decks or patios or watering your lawn around the leaching bed; shade and excess water can reduce the bed's ability to absorb and treat wastewater from your house Use phosphate -free or low phosphate detergents and cleaners Drinking Water Well Care Ensure your well is a minimum of 30m (100') from your and your neighbours'- septic bed Test your drinking water for bacteria at least 3 times a year test bottles can be obtained from your local health unit Use less water to decrease the amount of water filtering through your septic system and the amount of nutrients or pollut- ants that seep into the groundwater Clean debris from around your well and ensure the lid is vermin proof Managing a Healthy Woodlot Plant additional native trees to reestablish valuable natural corridors between forested areas Develop a natural stewardship plan for your property Ensure the long term protection of your woodlot consider land donation to a conservation organization (visit www.couchichingconservancy.ca for more information). Plant native buffers around smaller woodlots to increase forest interior and to help reduce the spread of invasive species Develop a managed forest plan to ensure that you are logging your woodlot sustainably (For more information on the Ontario Managed Forest Tax Incentive Program (MFTIP) visit www.ont woodlot assoc.org) Healthy Streams, Wetlands and Forests Protect and restore forest and wetland cover, streambanks, and shorelines to maintain and enhance natural habitats and corridors Restore forest and meadow cover next to wetlands and streams to improve wildlife habitat and stream/wetland health Manage plantations with a goal of restoring native forest cover over time Work with landowners to reduce impacts of on- stream ponds, and shoreline /streambank erosion Work with farmers, municipalities, developers, golf courses, and others to manage nutrients by: keeping cattle out of streams, implementing nutrient management plans, managing urban stormwater runoff and controlling sediment on construction sites The Couchiching Conservancy Township of Oro- Medonte Severn Sound Environmental Assoc. Ministry of Natural Resources Simcoe- Muskoka Health Unit Nottawasaga Valley Conservation Authority Lake Simcoe Region Conservation Authority Partnerships and Additional Resources Thanks to all of our Moraine Champions —our landowners, community, groups, schools businesses and government agencies —that support stewardship activities on the moraine! For more information or to get involved, contact the NVCA at (705) 424 -1479 www.nvca.on.ca or the LSRCA at (905) 895 -1281 www,lsrca.on.ca www.couchconservancy.ca www.oro medonte.ca www.severnsound.ca www.mnr.gov.on.ca www.simcoemuskokahealth.org(8 77)721 -7520 ''Couchiching Conservancy (705) 326 -2620 (705) 487-2171 (705) 527 -5166 (800) 667-1940 (9iv".tftfecrrnr Page 25 of 197 Report No. FI2010 -16 Meeting Date: October 13, 2010 Roll 43 46 010 002 16116 RECOMMENDATION(S): It is recommended that: BACKGROUND: ANALYSIS: REPORT To: Council Township of Subject: Application for reduction of taxes pursuant to S. 357 of the Municipal Act Requires Action 9b) Report No. F12010 -16, Paul Gravelle,... X Proud Heritage, Exciting Future Prepared By: Paul Gravelle Motion R.M.S. File For Information Only 1. Report F12010 -16 be received. 2. That no further reduction in taxes related to 2009 be processed. 3. A reduction in taxes related to 2010 be determined upon a response from MPAC. 4. The owner be advised accordingly of Council's decision. Mr. Orval Reid has made application pursuant to S. 357(g) of the Municipal Act for a reduction of taxes for the period of February 1, 2009 to December 31, 2010. S. 357(g) allows for a reduction of taxes if repairs or renovations to the land prevented the normal use of the land for a period of at least three months during the year. Upon receipt of a S.357 application, the application is forwarded to MPAC for comment. Please find attached a copy of MPAC's response. Please note that in preparing their response, MPAC reviewed the owner supplied engineer report, itemized cost to cure from R F Construction and details related to the insurance claim payout. A copy of the engineer's report and photos of the damage have been provided to the municipality by the owner and are available in the Treasurer's office for viewing. MPAC determined that the damage incurred warranted a 40% reduction of the assessed value of the structure for the period of February 1st, 2009 to December 31 Finance October 13, 2010 Report No. F12010 -16 Page 1 of 3 Page 26 of 197 2009. There was no reduction recommended for 2010 for reasons detailed in the response. As such, the municipality processed a reduction of taxes for the said period of $1,577.11, being a reduction in the assessed value of the property from $635,000 to $441,140, or $193,860. Please note that the assessed value of $635,000 is comprised of the value of the structure and the land. No reduction has been processed for 2010. The owner has provided MPAC with documentation supporting that remedial work was not completed until 2010. MPAC is presently considering this information and will be providing a revised response in regards to the effective date. It must be remembered that taxes are determined based on the assessed value, being the fair market value of the property. While the structure was damaged and its market value impaired, the structure still had market value, unlike a structure that is completely razed by fire or demolished. Although not habitable as stated by the owner, there is still a residual value to the structure. The question to ask is whether someone would purchase this structure in its damaged state being aware that costs would be incurred to perform the necessary repairs. By its response and the recommended reduction of 40% of the assessed value, MPAC believes someone would do so. Council can, as authorized by the Municipal Act, make the final determination of the amount of the tax reduction. FINANCIAL: 9b) Report No. F12010 -16, Paul Gravelle,... A reduction of 100% of the assessed value of the structure would result in a total reduction of taxes of $3,942.77, or a further $2,365.66. POLICIES /LEGISLATION: Municipal Act CONSULTATIONS: MPAC ATTACHMENTS: MPAC's response to S.357 application Finance October 13, 2010 Report No. F12010 -16 Page 2 of 3 Page 27 of 197 CONCLUSION: The municipality relies on MPAC (and pays a substantial sum through the County levy for MPAC's services) to provide the assessed value of a property and recommended changes thereto. As such, the municipality should not process a further reduction to that recommended by MPAC. Upon receipt of documentation from MPAC related to 2010, a reduction will be processed if one is recommended. Respectfully submitted: /LQ Paul Gravelle Director of Finance 9b) Report No. F12010 -16, Paul Gravelle,... SMT Approval Comments: C.A.O. Approval Comments: Finance October 13, 2010 Report No. F12010 -16 Page 3 of 3 Page 28 of 197 Application made under Sec 357/358/359 of the Municipal Act, 2001 MPAC'S RESPONSE (A) RT Mun: Roll Address: DroMedonte 4346- 01.0 -002 16116 21 Alpine Way (B) (C) 2008 CVA as returned or most recently revised for taxation year noted in application 2009 Phased-In Amount as returned or most recently revised CVA as revised (Sec 40 or Sec 39.1) if: applicable OR after tie orrection of a factual error Notional Value of Structure damaged, demolished, razed or r moved OR undergoing repairs or renovations Notional Value of Property (land and any remaining bidgs.) after damage, demolition, razing or remove OR undergoing repairs or renovations Ass ent 2005 2008 CVA CVA` 2009 Phased -I Assmt $737,000 $635,000 (D) (E) MPAC Representative Signature: Municipal Approval: $225,000 MPAC Representative Name: Tammy Woods -41A, Iry Date: August 17, 20 9b) Report No. F12010 -16, Paul Gravelle,... Application Application Reason: Tax Year: Claimed Relief Period: (F) Uirrocia- lce 11,01 er Damage. 20 From 209'0 009- 12=31 (G) $417,520 $512,000 This is the CVA and classification, that will be, or would have been, returned for the taxation year following the application year in order to reflect the physical circumstances and use set out in the application provided that those circumstances and use continued to exist in the following year MPAC's Remarks: 357 application for ice and water damage. Owner supplied engineer report, itemized cost to cure from R F Construction, insurance claim payout amount(Aviva /Pilot Insurance $1,028,895 which includes alternate accommodations). Using MPAC's unfinished allowance guideline, -40% adj to the structure is acceptable. Additionally, using the construction quote, I calculated out the value attributed to material(excluded the labour) and the total was $195k. Property was visited by Erin Jennings, July 22,2010. The lady who was at the house told Erin the work was completed last year. Erin specifically asked if it was complete for all of 2010 and she said yes.(Mr. Reid applied for 2010 tax relief) As a point of interest, property was listed for sale on date of visit. Effective 2009- 02 -01, value from $737k- $512k. 2010 357 application recommendation is no change in value since work completed in 2009. Page 29 of 197 (1) $441,140 REPORT 9d) Report No. CS2010 -026, Doug Irwin, D... Township of Proud Heritage, Exciting Future Report No. To: Prepared By: CS2010 -026 Council Harold Daynard Meeting Date: Subject: Motion October 13, 2010 Microsoft Licensing Roll R.M.S. File RECOMMENDATION(S): Requires Action BACKGROUND: X For Information Only It is recommended that: 1. Report No. CS2010 -026 be received and adopted. 2. That the 2010 budget allocation for software support be overrun by approximately $9,600.00 3. And That staff be authorized to enter into a 3 year Enterprise Agreement including Operating System with Microsoft, as outlined in Report No.CS2010 -026. The Township's existing 3 year licensing and software assurance agreement with Microsoft has expired. The expired agreement was a sub agreement under a provincial agreement with Microsoft. Historically, the Province of Ontario had negotiated with Microsoft to permit municipalities to receive the same discounted level of pricing, which amounted to 10% off the Select Level pricing. This year, the agreement negotiated by the Province does not provide the same discount to municipalities. This, combined with increased need for Compliancy Microsoft licenses for additional users, has created a need to analyze and plan for upcoming needs and growth. In 2009, the Township undertook a Microsoft licensing audit to ensure compliance with licensing and software assurance. Staff have dealt with any discrepancies which were identified during the process. CORPORATE SERVICES October 13, 2010 Report No. CS2010 -026 Page 1 of 6 Page 30 of 197 ANALYSIS: 9d) Report No. CS2010 -026, Doug Irwin, D... Staff were notified of the change in provincial practice prior to the expiry of the existing agreement, and have been working with the Township's vendor, responsible for Microsoft licensing, to identify options and alternatives to the expired Select Agreement. In reviewing the options and alternatives, staff took into consideration the Township's long term strategies and requirements to meet its technology needs in the years to come. In conjunction with the technology lifecycle that was adopted by Council, this approach has enabled staff to establish the basis of an Information Technology Master Plan. Currently, the IT staff must closely monitor the use and distribution of Microsoft products to ensure that the Township maintains compliance while trying to meet the needs of the corporation and its end users. The Township utilized numerous software packages, such as GIS applications, LaserFiche, Meeting Management, Baker applications and MaxFacility, to serve its customers. While these software packages are not Microsoft software, they utilize hardware operating Microsoft applications. The Administrative Services Review and Assessment (ASRA) Project identified that staff usage of technology ranged from medium to high volume and provided positive remarks with respect to the supplied technology. The minor improvement opportunities identified the mandating use of the Township's current technology such as Microsoft Outlook. The ASRA Project also identified investments in additional technology to enhance the Township's ability to respond to its customers in an efficient and effective manner. Based on the software packages utilized by the Township and the recommendations from the ASRA Project, it is important that the Township maintain and support its hardware and software to ensure that it is able to respond to its customers appropriately. The Select Agreements outlined below are premised on the Township purchasing Microsoft Office and mailbox licenses, as required, on a continuing basis. The Township would not be able to increase its distribution of Microsoft products without first purchasing the requisite licenses, and subsequently the software assurance would increase dependent on the total number of applicable licenses. Staff have been advised that Microsoft will be discontinuing the "Select" program and replacing it with "Select Plus however, at this time, Microsoft has not identified what will be or not be covered in the Select Plus program. CORPORATE SERVICES October 13, 2010 Report No. CS2010 -026 Page 2 of 6 Page 31 of 197 The Enterprise Agreements outlined below are premised on a standardization of the number of licenses for Microsoft Office, Mailbox, and Operating System on the one Enterprise Agreement. The Enterprise solutions will provide the Township with immediate access to the standardized number of licenses, while paying for the additional licenses, beyond our existing number, over the course of the 3 year contract. At the end of the 3 year contract, the Township would own all of the licenses and would only be paying software assurance for those same licenses. Options provided by vendor: 9d) Report No. CS2010 -026, Doug Irwin, D... 1. Select Agreement (expired agreement renewed without 10% discount) ($13,965.57 year 1 no solution for future years) Status quo No additional licenses Some computers and users not able to use core Microsoft products Need to depend on unsupported software on some machines (Open Office, mail clients other than Outlook, etc.) No room for growth No standardization of software or operating systems No solution available for future years 2. Select Agreement as above with purchase of additional licenses. ($21,828.45 year 1) 10 additional office and mailbox licenses Enables 10 additional devices and users to use products Does not address immediate growth or need No Standardization of software or operating system Following years will vary depending on compliance and new users /devices 3. Enterprise Agreement not including Operating System ($21,332.39/yr for 3 years) Ensures immediate compliance Additional Office, mailbox and file access licenses to address immediate and future need All users and devices will be able to access core Microsoft products while being compliant Standardization of core products, excluding Operating Systems Includes 4 days of Microsoft training vouchers valued at $2,000.00 to be utilized during years 1 -3 Years 2 3 same price Years 4,5,6 cost goes down to $14,701.16/yr (estimated) as the Township would be purchasing software assurance only, for the licenses acquired through initial agreement CORPORATE SERVICES October 13, 2010 Report No. CS2010 -026 Page 3 of 6 Page 32 of 197 4. Enterprise Agreement including standardized Operating System 24,586.46/yr for 3 years) Table: Estimated licensing growth and costs over 6 year period Year 1 (2010) Year 2 (2011) Year 3 (2012) Year 4 (2013) Year 5 (2014) Year 6 (2015) Total Largest discount on licenses Ensures immediate compliance Additional Office, mailbox and file access licenses to address immediate and future need All users and devices will be able to access core Microsoft products while being compliant Standardization of core products, including Operating Systems Includes 6 days of Microsoft training vouchers valued at $3,000.00, and additional training through a Training Portal valued at $5,000.00, to be utilized during years 1 -3 Years 2 3 same price Years 4,5,6 cost goes down to $16,063.16/yr (estimated) as as the Township would be purchasing software assurance only, for the licenses acquired through initial agreement Select (no option for future years) 13, 965.57 N\A N\A N \A N\A N\A Cost per device /user per year based on standardized of licenses in Enterprise Agreement CORPORATE SERVICES Report No. CS2010 -026 9d) Report No. CS2010 -026, Doug Irwin, D... Select 10 additional office mailbox each year (based on today's dollars) 21,828.45 23,849.88 25,001.46 26,034.91 26,869.45 22,204.06 145,788.21 $243 Enterprise Enterprise (year 3 -6 Operating System estimated) (year 3 -6 estimated) 21,332.39 24,586.46 21,332.39 24,586.46 21,332.39 24,586.46 14,701.16 16,063.16 14,701.16 16,063.16 14,701.16 16,063.16 108,100.65 121,948.86 $180 $203 October 13, 2010 Page 4 of 6 Page 33 of 197 It is recommended that the Township enter into a 3 year Enterprise Agreement including Operating System with Microsoft. The Township would enjoy the following benefits that were not available with our previous agreement. Long term strategies for technology licensing and software assurance Software licensing of core Microsoft products complimenting the hardware lifecycles adopted by Council Standardization of core Microsoft products Standardization of current Operating Systems to optimize hardware potential Standardized software setup Ensured compliance, for core Microsoft products, for 6 years, avoiding costly Microsoft compliance audits Flexibility in rolling out temporary devices and users while maintaining compliance with licensing Compatibility across Township devices and users Included training options ($8,000.00 value over 3 years) Cost savings realized over Select Agreement after 3 years As the agreement has expired and it is necessary for the Township to move forward immediately, the recommended 3 year agreement would commence in the 2010 calendar year. In the 2010 Budget, the Township allocated $15,000.00 towards Microsoft licensing. It is recommended that the 2010 budget allocation for software support be overrun by approximately $9,600.00, being the difference between the approved allocation and the cost of the Enterprise Agreement including Operating System. FINANCIAL: Budget overrun of approximately $9,600.00 for 2010 2011 and 2012 budgets would include the appropriate costs as stipulated in the agreement, and outlined in Report No. CS2010 -026 2013, 2014 and 2015 budgets would reflect the reduced agreement costs for software assurance only POLICIES /LEGISLATION: Not applicable CONSULTATIONS: Chief Administrative Officer Director Finance/Treasurer /Deputy CAO Director Corporate Services /Clerk 9d) Report No. CS2010 -026, Doug Irwin, D... CORPORATE SERVICES October 13, 2010 Report No. CS2010 -026 Page 5 of 6 Page 34 of 197 ATTACHMENTS: None CONCLUSION: It is recommended that the Township enter into a 3 year Enterprise Agreement including Operating System with Microsoft, and that the 2010 approved budget allocation for software support be overrun by approximately $9,600.00. Respectfully submitted: Harold Daynard Manager Information Technology S.M.T. Approval Comments: 9d) Report No. CS2010 -026, Doug Irwin, D... C.A.O. Approval Comments: CORPORATE SERVICES October 13, 2010 Report No. CS2010 -026 Page 6 of 6 Page 35 of 197 9e) Andria Leigh, Director of Developmen... sustain. blc SEVERY S TJND August 2010 Proposed Organizational Structure for the implementation of the Severn Sound Sustainability Plan Page 36 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 Sustainability Plan Steering Committee Members Report prepared by: Jessica Klug former Severn Sound Sustainability Plan Intern 9e) Andria Leigh, Director of Developmen... Doug Beach Councillor, Township of Severn Peggy Breckenridge County of Simcoe Mara Burton Director of Planning, Township of Tay Wes Crown Director of Planning, Town of Midland Peter Dance Director of Public Works, City of Orillia Winanne Grant CAO, Township of Springwater Andria Leigh Director of Development Services, Township of Oro Medonte Doug Luker CAO, Township of Tiny Debra Muenz General Manager, North Simcoe CFDC Eleanor Rath CAO, Town of Penetanguishene Keith Sherman Executive Director, SSEA Greg Sutcliffe Councillor, Township of Georgian Bay Gloria Tozek Community Economic Development Coordinator, Orillia CDC Marina Whelan Program Manager, Simcoe- Muskoka District Health Unit Page 37 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 Table of Contents 9e) Andria Leigh, Director of Developmen... 1.0 EXECUTIVE SUMMARY 1 Progress Update 2 Current Achievements of the Sustainability Plan 3 2.0 SUSTAINABILITY AND THE ROLE OF MUNICIPALITIES 4 3.0 ABOUT THE SEVERN SOUND SUSTAINABILITY PLAN 7 History of the Severn Sound Sustainability Plan 7 Benefits of the Sustainability Plan 8 4.0 ORGANIZATIONAL MODEL OPTIONS 10 Option 1 Coordinating body and staff within an existing organization 11 Proposed Budget 13 Option 2 Coordinating committee, with no support 15 5.0 CONCLUSION 16 6.0 APPENDICES 17 APPENDIX A Terms of Reference for the ISPSC 17 APPENDIX B Sustainable Severn Sound Logo and Description 18 APPENDIX C Analysis of Organizational Models 19 Page 38 of 197 9e) Andria Leigh, Director of Developmen... Sustainable Severn Sound Proposed Organizational Structure, August 2010 1.0 EXECUTIVE SUMMARY In the fall of 2007, the Severn Sound Environmental Association and its partner municipalities set out to develop a community -based sustainability plan. The resulting document, the Severn Sound Sustainability Plan, was a $250,000 investment split between the Federation of Canadian Municipalities (FCM) and the nine municipalities of the watershed: Town of Midland Town of Penetanguishene Township of Tiny Township of Tay Township of Springwater Township of Oro Medonte Township of Georgian Bay Township of Severn City of Orillia In April 2009, after more than a full year of research and public consultation, the Severn Sound Sustainability Plan was endorsed by all nine partner municipalities. The endorsement reads: "We, the undersigned, on behalf of our respective municipal councils, are pleased to endorse the Severn Sound Sustainability Plan dated April, 2009. Our municipalities are proud sponsors of this Plan. We celebrate this initiative and look forward to continued progress towards the sustainability of our watershed. The implementation of this Plan will ensure that, as stewards of this watershed, we will leave a legacy of improvement for generations to come." Page 11 Page 39 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... Progress Update After the partner municipalities endorsed the Sustainability Plan in Spring 2009, an Interim Sustainability Plan Steering Committee (ISPSC) was established to develop an implementation strategy to act on the goals identified in the Severn Sound Sustainability Plan. In August 2009, the SSEA secured funding from Environment Canada's Science Horizons program to hire a full -time coordinator to support the work of the ISPSC for six months. The ISPSC has met monthly to work on a strategy for the implementation of the Sustainability Plan (see Appendix A for the committee's Terms of Reference). The committee's first step was to research and evaluate various organizational models for the implementation of the Sustainability Plan. In January 2010, the ISPSC recommended the most appropriate organizational model to the SSEA Board of Directors: a single sustainability coordinating body (i.e. the current sustainability steering committee) within an existing organization with support from 1.5 new full -time equivalent staff members. The SSEA Board of Directors approved the ISPSC's organizational structure, contingent upon external funding. To ensure a smooth transition to the future organizational model, the SSEA Board of Directors extended administrative support to the ISPSC until April 2011 and the name of the group was changed to the `Sustainability Plan Steering Committee' (SPSC). Based on a favourable initial meeting, the SPSC was confident that external funding would be obtained from the Ontario Trillium Foundation for the coordination and implementation of the Sustainability Plan. A funding application in the amount of $248,000 over a 3 year period was submitted to the Ontario Trillium Foundation "Trillium on March 1 2010. In early May 2010, the committee received a letter from Trillium confirming that the funding application was not successful. The SPSC met again, subsequent to the Trillium decision, to discuss alternative organizational models for the implementation of the Sustainability Plan. The committee felt that a presentation to the partner municipalities would be beneficial to provide them with a progress report and seek financial acceptance in order to proceed with the implementation of the adopted Sustainability Plan. Page 12 Page 40 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... Current Achievements of the Sustainability Plan While implementation of the Severn Sound Sustainability Plan has only just begun, the process of its development has already been a positive experience and one that has played a role for partner municipalities in moving forward with their various projects. The Severn Sound Sustainability Plan has also received attention outside of the region, where it has been showcased at various conferences and workshops, including: Canadian Community for Dialogue and Deliberation Conference Community Collaboration for the Severn Sound Sustainability Plan Toronto, ON October 24, 2009 Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) Community Participation in Decision Making Sault Ste. Marie, ON June 16, 2009 (presentation by LURA) Credit Valley Conservation Authority's Making it Work Workshop Severn Sound Sustainability Plan A Model for Collaboration Mississauga, ON November 10, 2008 (presentation by LURA) The Sustainability Plan is referenced in the recent Zero Waste Simcoe report on the green economy and opportunities for the waste industry in North Simcoe. The Severn Sound Sustainability Plan is also featured as a case study on the Association of Municipalities of Ontario (AMO) website: htto: /www.amo.on.ca/ Content NaviaationMenu /SustainableMuniciaalities /FederalGasTax /Inte aratedCommunitvSustainabilitvPlan /default.htm Page 1 Page 41 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 2.0 SUSTAINABILITY AND THE ROLE OF MUNICIPALITIES The term `sustainability' is used increasingly, but often in different contexts. Most often, sustainability is used when referring to the concept of sustainable development. In 1987, the United Nations convened the Brundtland Commission to address environmental degradation and the consequences for economic and human development. The Brundtland Commission's definition of sustainable development is still the most widely recognized to date: "Development that meets the needs of the present without compromising the ability of future generations to meet their own needs." World Commission on Environment and Development (1987) Put another way, sustainability "challenges us to live our lives and make decisions as individuals, organizations and societies so that we make sure that future generations have access to the same opportunities and quality of life that we do" (The Natural Step Canada, Sustainability Primer'). Sustainability is taking forms in a multitude of ways, many of which have a direct impact on municipalities and local governments. The following is a listing of recent sustainability initiatives: 9e) Andria Leigh, Director of Developmen... Federal Government The Federal Sustainable Development Act (SDA) received Royal Assent on June 26, 2008, requiring the Government of Canada to develop a strategy for sustainable development in order to "make environmental decision making more transparent and accountable to Parliament" (Federal Sustainable Development Act, S.C. 2008, c. 33). The Government of Canada recently released the consultation paper "Planning for a Sustainable Future: A Federal Sustainable Development Strategy for Canada" which was open for comments until July 12, 2010. http: /www.ec.gc.ca /dd -sd/ default .asp ?lana= En &n= E19EE696 -1 Provincial Government The Government of Ontario has several pieces of legislation that relate to sustainability, including: The Planning Act, 1990 and its recent amendments to the land -use planning system outline the provincial government's commitment to sustainable development. The Places to Grow Act, 2005 seeks to balance the needs of the economy with the needs of the environment by ensuring sustainable growth. The Green Energy Act, 2009 was created to expedite the growth of renewable energy in Ontario, and it also gives the Province the power to create regulations requiring public agencies (including municipalities) to develop energy conservation and demand management (CDM) plans. A Minister's Directive was released in April 2010 to mandate all Ontario electric utilities to implement CDMs, and regulations for municipalities are expected in the future. Page 14 Page 42 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... The Ontario Building Code, 2006 is a technical document, but plays a role in promoting key government initiatives, including support for sustainability. New changes reflect the need for energy conservation, water conservation, and facilitation of the reuse of buildings. Greater changes that support sustainability are anticipated in the next update. Federation of Canadian Municipalities The Federation of Canadian Municipalities (FCM) has various initiatives that reflect the importance of sustainability for municipalities across Canada, including: The Sustainable Communities Conference, an annual event that was initiated in 2006. The Sustainable Community Awards, which were established in 2000 to celebrate best practices in sustainable community development. The Green Municipal Fund (GMF), a program that supports municipal initiatives across Canada which benefit the environment, local economies and quality of life. The Government of Canada endowed the FCM with $550 million to establish the GMF grants and loans program, and applicants can request up to $4 million in loans and $400,000 in grants for projects related to: brownfields, energy, transportation, waste, and water. Association of Municipalities of Ontario The Association of Municipalities of Ontario (AMO) has various initiatives that reflect the importance of sustainability for municipalities in Ontario, including: Sustainable Municipalities, a special section of the AMO website that provides case studies of sustainable initiatives (including the Severn Sound Sustainability Plan) and explains the Municipal Funding Agreement for Federal Gas Tax revenues, which are used to support environmentally sustainable infrastructure investments across Ontario. The AMO Federal Gas Tax Project Award is distributed annually to showcase projects that demonstrate long term planning for environmental and community sustainability. Ontario Professional Planners Institute The Ontario Professional Planners Institute (OPPI) has released various documents that focus on sustainability with respects to planning communities, including: "Planning by Design: A Healthy Communities Handbook" jointly created by the OPPI and the Ministry of Municipal Affairs and Housing in Fall 2009. "Healthy Communities, Sustainable Communities" created in 2007 with an emphasis on urban design, active transportation, and green infrastructure to link public health and land use planning. Page 1 Page 43 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... Other Simcoe- Muskoka District Health Unit The Simcoe Muskoka District Health Unit recently released "Healthy Community Design Policy for Official Plans a resource to assist municipalities in creating healthy communities through Official Plan policies and implementation activities. Canada Mortgage and Housing Corporation (CMHC) CMHC has a wealth of research on sustainable community planning to encourage and use planning and neighbourhood design that promote community livability, while reducing costs and environmental impacts. ICLEI Local Governments for Sustainability ICLEI was founded at the United Nations in 1990 as the 'International Council for Local Environmental Initiatives', although they are now officially called 'ICLEI Local Governments for Sustainability. They have a current international membership of approximately 1,116 towns, counties and associations. There are currently 32 members in Canada, including the Federation of Canadian Municipalities. ICLEI provides services to support local governments in the implementation of sustainable development at the local level. Greening Government Conference The 1st Annual Greening Government Conference took place in Toronto in mid -June 2010. This conference brought together members from all levels of government across Canada to discuss the goals and challenges of implementing sustainable initiatives. To ensure that we are making positive steps towards a sustainable future, we must recognize that municipalities have a significant leadership role to play in driving sustainability in their communities. Municipalities administer and regulate water supply, public transit (if applicable), and infrastructure and they are the closest level of government to citizens. Therefore, a continued commitment from municipalities is essential for the successful implementation of the Sustainability Plan. Page 16 Page 44 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... 3.0 ABOUT THE SEVERN SOUND SUSTAINABILITY PLAN History of the Severn Sound Sustainability Plan In 1985, the International Joint Commission designated the Severn Sound watershed an Area of Concern. At this time, a Federal- Provincial Remedial Action Plan (RAP) was developed to ensure the rehabilitation and restoration of the watershed. In 1997, the Severn Sound Environmental Association (SSEA) was founded through a partnership between federal, provincial and municipal partners to support the implementation of the Remedial Action Plan (RAP) for the Severn Sound watershed. Following the completion of the RAP, the SSEA became a Joint Service Board under the Municipal Act (Section 202), with a mission to ensure the continued protection and wise stewardship of the Severn Sound watershed. In 2000, the North Simcoe Community Futures Development Corporation (NSCFDC) undertook extensive consultations to develop Picture This! Our Plan for a Healthy Community. The `Picture This!" report helped to identify key issues in North Simcoe and resulted in the creation of a comprehensive community strategic plan. From the "Picture This!" report, Action Teams were formed to develop and implement action plans to address the issues identified in the "Picture This!" community strategic plan. The SSEA and NSCFDC created the Environmental Action Team (E -Team) in 2005 and called upon participation from over 30 stakeholder organizations and representatives. The E -Team had a strong interest and commitment to long -term sustainability of both the community and the environment, and their work led to the creation of the sustainability vision that was adopted in the Severn Sound Sustainability Plan. The E -Team was put on hold in the fall of 2006, pending a decision of the Federation of Canadian Municipalities (FCM) to provide funding for the development of a Sustainability Plan for the Severn Sound watershed. Funding was secured from FCM in 2007, and the Severn Sound Sustainability Plan was developed by the community throughout 2008, with the help of a Steering Committee, a Sustainability Advisory Team (with participation from approximately 50 members), and a Citizens Panel, which gathered feedback from over 400 local residents. Page 1 Page 45 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... Benefits of the Sustainability Plan The Severn Sound Sustainability Plan provides a "road map" to sustainability that has been developed for the region and the communities within it. The evolution of the Sustainability Plan into the Sustainable Severn Sound program will move the ideas off the page and into action. In doing so, there are many benefits expected from the Sustainable Severn Sound program, including: Access to Grants and Funding A growing number of grants and funding opportunities require that the applicants have a Sustainability Plan in place. For example, the Federation of Canadian Municipalities' (FCM) Green Municipal Fund provides combination grants /loans for sustainability projects related to: Brownfields Energy Transportation Waste Water To qualify for the Green Municipal Fund, municipal councils must have adopted a sustainable community plan or plan that includes sector specific goals or targets. Not only do Sustainability Plans have to be in place, but often partnership or collaboration is a requirement itself. For example, to be eligible for Green Municipal Funds, the FCM requires that Feasibility Studies and /or Field Tests be completed and submitted with each application. FCM also provides funding to conduct Feasibility Studies and Field Tests, and the eligibility requirement states: "Only municipalities and non governmental or private- sector organizations working in partnership with a municipality can submit an application for a grant to conduct a study." (From FCM's document entitled: "Green Municipal Fund, Grants for Feasibility Studies and Field Tests: Application Guidelines" January 2008) Communications and Central Source of Information Sustainable Severn Sound will act as a central source of information and a communication hub for the residents in the watershed. It will ensure that community residents are able to easily find information about various programs and events from one source, which will lessen the burden on municipal staff that try to respond to various requests. Any additional programs or initiatives that are created that overlap with the Sustainability Plan (i.e. Southern Georgian Bay Coastal Initiative) could also be referred to Sustainable Severn Sound, rather than requesting the participation of municipal staff that are often asked to attend and contribute to numerous meetings and projects. Page 18 Page 46 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... Coordination and Collaboration Collaborative and coordinated policy and program creation has proven to be effective and cost efficient for smaller municipalities. As mentioned above, collaborative endeavours are increasingly becoming prerequisites for incentives and grants. Effective Monitoring and Reporting It will be important to regularly monitor and evaluate the results of the Sustainability Plan implementation. It is also essential that results are measurable for the purpose of reporting back to funding and granting agencies. This organizational model will help to ensure that the indicators chosen are adopted, measured, and monitored for appropriateness and effectiveness. The monitoring and evaluation should also be communicated to the community residents and the greater public in celebration of results achieved and effective use of resources. Monitoring and reporting will help to confirm that progress is being made. Institutionalization and Succession Planning Due to the changing nature of municipal politics and operations, it would be most desirable to ensure the Sustainability Plan gets embodied within the organizational culture of each partner. The recommended organizational structure will help ensure that the Sustainability Plan is phased into the long -term strategies of each partner organization. Meeting Public Expectations There is an increasing level of awareness and sensitivity to sustainability among the residents in the region. With more than 500 people directly involved in the creation of the Sustainability Plan and the many other thousands of people that shared their feedback and input at community events and meetings, there is certainly an expectation that the Sustainability Plan will become an integrated and coordinated approach to ensure the sustainability of the region. Return on Investment The partner municipalities have a responsibility to ensure there is a demonstrated return on the $250,000 investment by moving the plan into action. Page 1 Page 47 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... 4.0 ORGANIZATIONAL MODEL OPTIONS It has often been expressed that there is a need to move away from the "business as usual" approach in order to remain economically competitive while also ensuring the health and safety of the community residents, and protecting and enhancing the natural environment. In rural areas and small towns, there is as great a desire to become more sustainable as there exists in urban areas. However, the transition to more sustainable practices can be quite challenging for smaller municipalities that don't have the resources to establish their own `Office of Sustainability' or hire full -time sustainability coordinators. Municipalities in the Severn Sound region are already doing their best at practicing many aspects of sustainability. The goals, strategic directions, actions, and targets described in the Sustainability Plan provide further direction for moving the region to a more sustainable future. It marks an important first step toward establishing the Severn Sound region as a sustainability leader in the Province. However, there is currently no coordinated effort to measure, assess, or optimize existing sustainability practices and emerging opportunities. As noted during the Steering Committee's research and analysis of four different organizational models (see Appendix C for the details on the committee's analysis): "While everyone agrees that they want sustainability to be part of everyone's job, the reality is that most organizations need someone whose job focuses on shepherding the effort. This may be a part -time or fulltime job, based on the size of the organization. But few organizations get far without one." Hitchcock and Willard's "Step -by -Step Guide to Sustainability Planning" The Steering Committee agreed that the success of the Sustainability Plan's implementation would require dedicated staff to "shepherd the efforts" of the partners. For this reason, the committee is recommending a coordinating body that will take overall responsibility for the Severn Sound Sustainability Plan with support from a new full -time staff position to oversee the implementation of the Sustainable Severn Sound program. Page 110 Page 48 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 Sustainability Coordinator 9e) Andria Leigh, Director of Developmen... Option 1 Coordinating body and staff within an existing organization Implementation of the Sustainability Plan would be guided by the Sustainability Steering Committee, with the assistance of a full -time Sustainability Coordinator. Sustainability Steering Committee Working Groups Sustainable Severn Sound Steering Committee The Sustainable Severn Sound Steering Committee would have the same composition as the current Sustainability Plan Steering Committee (SPSC), with representatives from the nine member municipalities, the Severn Sound Environmental Association, the Orillia Area Community Development Corporation, the North Simcoe Community Futures Development Corporation, and the Simcoe- Muskoka District Health Unit. Expanding the membership may be an option in the future if additional partnerships are desired by the committee or community. The Steering Committee will be responsible for assisting with the implementation of the Plan, by overseeing the work of the Sustainability Coordinator and Working Groups. The Steering Committee's work would include: Implementation: Researching and selecting watershed -wide implementation priorities on an annual basis. Creating and supporting Working Groups for specific strategic directions. Promoting a sustainable lifestyle and generating support among businesses, organizations, and watershed residents. Analysis: Monitoring and removing barriers which stand in the way of successful implementation. Developing an integrated approach to decision making that uses the triple- bottom line approach (balancing social, economic, and environmental interests). Producing an Annual Sustainability Report that celebrates successes, and outlines progress made to towards the sustainability vision for the watershed with a view to determining areas to improve upon in the following year. Page 111 Page 49 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... Working Groups Working Groups would be established to advise on specific strategic directions (i.e. housing). Working Groups may be a mix of steering committee members and members of the public (including members from the Sustainability Advisory Team). The Working Groups will help to guide priorities for each year and assist in monitoring and reporting on indicators. Sustainability Coordinator The Sustainability Coordinator is the primary staff person for Sustainable Severn Sound. The Coordinator would primarily report to and take direction from the Steering Committee on progress and plan updates and would also assist the work and involvement of the Working Groups. The Sustainability Coordinator's tasks will include: Progress Reporting Develop and maintain standardized progress report templates and protocols. Work with the partners to develop an Annual Progress Report, and provide ongoing analysis of project achievements. Project management Provide administrative leadership, especially for projects that do not "have a natural home Support project funding activities (identify opportunities and submit grant applications for municipal /partner projects, etc.) Change Management Provide support to integrate sustainability as part of everyday operations across the watershed communities. Educate and orient new Steering Committee and Working Group members on the Sustainability Plan, project background, and achievements. Communications Coordinate an Annual Sustainability Summit for partner municipalities to review the previous year's progress report and select new implementation priorities. Develop regular newsletters for partners and the public. Provide presentations and attend community events. Manage the online presence of Sustainable Severn Sound. Information Sharing Provide a central point of contact for ideas and inquiries. Facilitate training sessions for municipal partners, business, and organizations. Page 112 Page 50 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... Proposed Budget The following represents the proposed budget for the implementation of the Sustainability Plan from the present date until the end of 2014. The budget outlines the revenue, which is anticipated to come from a combination of sources, including partner organizations (NSCFDC, SMDHU, County of Simcoe), the OMAFRA Rural Economic Development (RED) program, memberships /donations, and partner municipalities. The expenses consist primarily of wages for a new full -time staff person, an annual summit, translation services, and auditing. In -kind contributions are already committed for office space and amenities (phone /fax/internet), as well as regular accounting services. Page 113 Page 51 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... SUSTAINABLE SEVERN SOUND PROPOSED BUDGET DRAFT 2010 (4 mos.) 2011 2012 2013 2014 Total Opening Cash Balance 5,105 10,327 9,542 10,902 REVENUE NSCFDC Seed Money need B of D approval 5,000 5,000 Memberships (SEE BELOW) 1,375 7,500 9,000 12,000 12,000 41,875 Simcoe County 5,000 5,000 5,000 5,000 5,000 25,000 Simcoe Muskoka District Health Unit 5,000 5,000 5,000 5,000 5,000 25,000 Internship Program 6,000 6,000 12,000 Municipalities ($6,000 per yr. X9 munic.) 54,000 54,000 54,000 54,000 216,000 Other Sources TOTAL REVENUE 22,375 77,500 73,000 76,000 76,000 324,875 EXPENSES Accounting (see In -Kind) Audit 1,500 1,500 1,500 1,500 Administration: 1,500 1,500 1,500 1,500 6,000 Computer (See In -Kind) Conference Attendance and Prof. Dev. 1,500 1,500 1,500 Office Space (See In -Kind) 1,500 Phone fax internet (See In -Kind) Printing Office Supplies (See In -Kind) 300 900 900 850 Translation 1,500 1,500 850 1,500 Travel 700 1,500 Program Costs: 1,000 3,900 3,900 3,850 3,850 16,500 Monthly Meetings 200 600 600 600 600 Annual Summit 3,000 3,000 3,000 3,000 Meetings: 200 3,600 3,600 3,600 3,600 14,600 Wages (Full -time) 13,455 53,820 55,166 55,973 55,973 Wage Benefits 1,615 6,458 6,620 6,717 6,717 Wage Benefit (MERCs) Costs: 15,070 60,278 61,785 62,690 62,690 Website Main. /Updates 8 hrs per month 1,000 3,000 3,000 3,000 3,000 TOTAL EXPENSES 17,270 72,278 73,785 74,640 74,640 NET SURPLUS /(DEFICIT) for the year 5,105 5,222 (785) 1,360 1,360 Estimated Closing Cash Balance 5,105 10,327 9,542 10,902 r 12,263 262,512 13,000 312,612 10,902 12,263 In -Kind Contribution Accounting (SSEA or NSCFDC) 800 2,400 2,400 2,400 2,400 10,400 Computer (donated from NSCFDC or SSEA) 1,000 1,000 Phone Fax Internet (SSEAA or NSCFDC) 400 900 900 900 900 4,000 Office Space (NSCFDC) 1,000 3,000 3,000 3,000 3,000 13,000 In -Kind Contribution (J. Klug) 1,600 2,000 3,600 4,800 8,300 6,300 6,300 6,300 32,000 TOTAL PROJECT VALUE (total exp in -kind) 22,070 1 80,578 80,085 80,940 80,940 :344,$12 Estimated Membership Purchases (County wide) $25.00 per membership Notes: 55 members 300 members 360 members 480 members Implementation of a membership program could earn revenue to help cover administration expenses A letter of request is to be sent to the County of Simcoe and Simcoe Muskoka District Health Unit requesting an annual K. Sherman is working on an Internship application D. Muenz is working on obtaining $5,000 for the project (and NSCFDC Board of Director Approval) Wages increased by 2.5% in 2012 and an additonal 1.5% in 2013. Any surpluses realized, will be used to fund future years Partners will continue searchina for other sources of funding to ensure the future sustainabilitv of this position and outcomes Rural Partnership Program Rural Economic Development Program Page 114 Page 52 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 Option 2 Coordinating committee, with no support If no funding is available, the partner municipalities default to a variation of the Model C approach (see Aooendix A for oriainal analysis). This Option would consist of a Sustainability Steering Committee with continued involvement from the partner municipalities and partner organizations, however, the implementation of the Severn Sound Sustainability Plan would be the responsibility and expense of each partner. Sustainability Steering Committee Partner Organizations 9e) Andria Leigh, Director of Developmen... Partner Municipalities Sustainability Steering Committee The Sustainability Steering Committee would meet monthly, quarterly, or annually (at the discretion of the committee members). The Sustainability Steering Committee would likely meet to discuss ideas and perhaps set annual priorities. However, each partner would be responsible for achieving the goals and strategic directions of the Sustainability Plan within their organization or municipality, and securing funding to do so. Page 115 Page 53 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... 5.0 CONCLUSION There is an increasing understanding that to make good on achieving the goals of one's sustainability plan, a dedicated coordinator is essential to shepherd the efforts. The Steering Committee's recommended organizational structure allows for the launch of Sustainable Severn Sound, a program that moves the Severn Sound Sustainability Plan into action with the assistance of one full -time sustainability coordinator for all nine municipalities in the watershed. With the launch of Sustainable Severn Sound, the nine partner municipalities can expect to receive: An effective monitoring program that measures actions and progress in the three pillars of the Sustainability Plan (environmental integrity and protection, economic prosperity, and community well- being). Ongoing evaluation and analysis of progress to help municipalities ensure they are on the right track towards the vision for sustainability and that expenditures are allocated appropriately. Support for writing grant applications to obtain external funding for specific projects and initiatives. Facilitation of training workshops for staff and presentations when requested. Promotions and communications that celebrate successes and share them internally, throughout the community, and beyond. Support from taxpayers who want a sustainable community. National recognition for successful collaboration on a watershed -wide Sustainability Plan. A commitment to the implementation of the Severn Sound Sustainability Plan will not only demonstrate that municipalities can work together for the betterment of their residents, but that a sustainable future is desired and achievable. Page 116 Page 54 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 6.0 APPENDICES 9e) Andria Leigh, Director of Developmen... APPENDIX A Terms of Reference for the ISPSC (excerpted from Severn Sound Sustainability Plan January 2009, Section 4.0) An Interim Sustainability Plan Steering Committee (ISPSC) will be established to recommend the most appropriate organizational model and implementation plan. The ISPSC's recommendations will be presented to the SSEA Board for recommendation to its nine member municipalities. The ISPSC will be comprised of three representatives from the nine member municipalities, the SSEA Board Chair, the SSEA Co- coordinator, the Orillia Area Community Development Corporation, the North Simcoe Community Futures Development Corporation, the County of Simcoe, and the Simcoe Muskoka District Health Unit. The District of Muskoka will be represented through the SSEA Board Chair. The ISPSC will operate for one year, commencing on April 1, 2009. It will meet approximately 10 times during that period. ISPSC Mandate: The ISPSC's mandate is to develop an operational plan that may include the following: Recommend an organizational model and mechanisms to integrate sustainability initiatives into existing organizational structures Identify priorities of municipal partners relating to the Plan's implementation and a schedule for implementation (1 -5 years) Identify both collaborative and independent priority projects and the availability of funding Identify training requirements and /or tools for municipal and other relevant stakeholder organizations to instill a "triple bottom line," sustainability planning /decision making process that will be utilized by participating organizations for determining the sustainability of their activities Develop a monitoring and reporting framework to measure the Plan's success, including mechanisms to report progress by and to municipalities and the watershed community as a whole Develop an engagement and communications strategy to support municipal involvement, community engagement, promotion of the Plan within the watershed and in other jurisdictions, and activity coordination. The plan will identify mechanisms for community engagement, such as a Sustainability Advisory Team, the Citizens Panel and other non government organization volunteer activities; and, Develop a Partnership and Recruitment Strategy for relevant agencies and organizations to participate in the Plan's implementation and reporting process. The Severn Sound Environmental Association will provide coordination and secretariat services to the ISPSC during its term. Page 117 Page 55 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... APPENDIX B Sustainable Severn Sound Logo and Description As part of the Communications and Engagement strategy, a logo was developed for the program to ensure a consistent branding is used by all partners and public. sustainable SEVERN S UXD sustain b:e SFJVF4RN SL� \J sustainable SEVER\ S3W\D Logo Description and Rationale The 'O' logo in the word 'Sound' represents ripples in water, which is appropriate for a sustainability initiative that is watershed -wide. The ripples also represent 'ripples of change', a well understood metaphor that speaks to actions which inspire others to take action as well. This is significant because the partners are leaders in developing a common culture of sustainability. The ripple logo is also composed of 3 rings, which speak to the three pillars of the Sustainability Plan (environment, economy, and community). The positioning of the ripple rings is representative of the 'systems' approach to sustainability, which explains how the economy and society (centre rings) are limited by the carrying capacity of the natural environment (outer ring) see figure at right. Systems Approach Page 118 Page 56 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... APPENDIX C Analysis of Organizational Models by the Interim Sustainability Plan Steering Committee On June 15, 2009, a subcommittee of the Interim Sustainability Plan Steering Committee (ISPSC) was formed to review options and produce a recommended long -term organizational structure to implement the Severn Sound Sustainability Plan after April 2010. The options reviewed were based on the Organizational Design section included in the Sustainability Plan (Section 4.1), which identified the following four options: The SSEA as the Sustainability Plan Coordinator; or, Implementation by each of the 9 municipalities; or, Implementation by 9 municipalities and relevant stakeholder organizations; or, A hybrid of the three. However, the second option, `implementation by each of the municipalities' was disqualified because it did not include other relevant partners (e.g. Community Futures Development Corporations, etc.). The subcommittee developed a set of rating criteria to determine the best option. These criteria are based on best practice recommendations, committee survey responses, and further sub committee discussion. Subcommittee members were also asked to provide ratings and written or verbal recommendations for each model. Seven of ten subcommittee members provided feedback. Review Criteria The following needs and success criteria were collected from three sources: A five question survey distributed to all committee members Best Practices Report (2008) by LURA Consulting, and Discussions from the July 29, 2009 subcommittee meeting. Needs to be in place for successful plan implementation Supports partner collaboration and commitment Provide support for "become[ing] part of how we do business across the organization not grafted on or assigned to a particular staff member Reviews process on a periodic or "as needed" basis to ensure relevance and currency due to changing circumstances (e.g. mandates, funding, regulations, etc.). Provides a standardized method for communicating updates. Determines the process for modifying the plan directions. Provides an administrative leader, especially for projects that do not have a natural home'. Provides a central point of contact for ideas, inquiries or questions. Helps determine a source of long -term funding and administrative support. Establishes annual monitoring and reporting protocol. Institutes regular monitoring and reporting (progress updates) to measure success towards achieving the Vision of the Sustainability Plan. Page 119 Page 57 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 9e) Andria Leigh, Director of Developmen... Provides on -line access to results of annual monitoring program Maximizes opportunities for political engagement to promote the benefits and successes of the plan. Identifies relevant connections and alignments with individual partner's strategic plans. Utilizes financial resources in a cost effective structure within current budgetary frameworks. Extends partnerships to other stakeholders (e.g. OPP, Social Services, etc.). Communicates in a way that is appropriate and meaningful to the various stakeholder groups (including the general public). Success Factors /Criteria Common factors /criteria emerged as success factors of an ongoing initiative: Builds partner engagement "cooperative commitment from all partners Builds sustainability into the existing structures (of each organization) e.g. day to day operations. Members are appointed by municipalities and other partners (ensuring partner involvement) by identifying a champion and representative within each organization. Integrate sustainability to "become part of how we do business across the organization Dedicated administrative support central point of contact, Builds on existing organizational structures (networked partners). Network to produce cost efficiencies for projects. Adequate human and financial resources. Assign and document clear responsibility for plan implementation in various sectors. Commit partners to ongoing plan implementation. Celebrate successes to maintain support. Educate new partners or changes in partner representatives on principles, project background, and achievements. For example, a specific orientation session following municipal elections. Based on the responses received, Option A, a single sustainability coordinating body within an existing organization, scored 587 out of 684, and was the recommended organizational model. The highest possible score for any option was 684 and the lowest possible score was 222. Page 1 20 Page 58 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 Option A: A separate and single coordinating body within an existing organization A single coordinating body with sole responsibility for supporting plan implementation within an existing organization. New positions include: One full -time coordinator and One full -time administrator. Score: 587 Benefits This is a strong organizational model. It is clear who is responsible for actions. Partner Organization This option provides for some autonomy of the coordinating body, which can be very helpful. This option delivers an organization to do much of 'the actual work' for the vision and plan. There is opportunity for community input through the steering committee. This model provides reasonably fast decision making. This choice may save some money that would be required to fund a net new organization. 9e) Andria Leigh, Director of Developmen... Partner Municipality Partner Municipality Sustainability Plan Coordinating Body Partner Municipality 1 Concerns This choice is strong only if the existing organization has credibility throughout the community and dedicated staff is in place. This choice may come at the cost of having full participation and buy -in of the municipal and other partners. There is a risk that this model can become disconnected. This organization may be challenged to maintain momentum and involvement of the partners. Partner Municipality Steering Committee The Coordinator reports directly to an independent sustainability plan steering committee (not the host organization) made up of municipal and other partners. Page 1 21 Page 59 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 Option B: A new, separate and single coordinating body with new staff A single coordinating body with sole responsibility for supporting plan implementation in a new organization. Positions include: One full -time coordinator and One full -time administrator Score: 553 Benefits This is a strong organizational model. There is opportunity for community input through the steering committee. It is clear who is responsible for actions. This option provides for some autonomy of the coordinating body, which can be very helpful. This option delivers an organization to do much of the actual work' for the vision and plan. This model provides reasonably fast decision making. Partner Organization 9e) Andria Leigh, Director of Developmen... Partner Municipality Partner Municipality Partner Municipality Steering Committee Sustainability Plan Coordinating Body 1 Concerns Does not take advantage of existing resources or infrastructure. There is no appetite for a net new organization. This model will need time to gain credibility and recognition throughout the broader community once it is established. This model requires setting up a new organization which will take more time, and money. This choice may come at the cost of having full participation and buy -in of the municipal and other partners. There is a risk that this model can become disconnected. This organization may be challenged to maintain momentum and involvement of the partners. Partner Municipality Page 1 22 Page 60 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 Option C: A coordinating committee supported by existing staff within one of the organizational partners on a rotational basis This model establishes a dedicated point of contact provided by partners on an annual rotating basis, supporting implementation including: An administrator Score: 428 Benefits If is the driving factor, a committee with coordination provided by the existing partners is the cheapest route This option may be the least expensive. This would provide more direct governance and accompanying responsibility by the partners Partner Partner Organization Municipality 9e) Andria Leigh, Director of Developmen... Partner Municipality Partner 1 Municipality Steering Committee The administrator would provide basic support to the steering committee and other partners, such as meeting bookings, report collection, and materials distribution. The role is accommodated annually on a rotational basis by each member organization. 1 Concerns C would be very difficult to coordinate. This model is very diffuse and subject to changes in municipal priorities, individuals' strengths and areas of interest, etc. There is danger of a lack of a sense of ownership. Partner Municipality Without more dedicated staff, it will be unrealistic to meet the goals and complete the outcomes of the plan. As there would be a rotation of the point of contact, this option would not ensure Steering Committees continued commitment to success (i.e. it could be them next year). Under this model, staff would change every year, resulting in the need for a change over period which leads to a loss of momentum. Steering Committee members are not likely to have the time, to devote many people hours to the work to pick up the activities that a coordinator would perform. Page 1 23 Page 61 of 197 Sustainable Severn Sound Proposed Organizational Structure, August 2010 Option D: Three pillar leaders from existing organizations Each 'leader' would be responsible for over seeing the implementation of their sustainability plan pillar. The organizations would cost share the cost of A blended coordinator administrator position. Score: 530 Benefits More champions to engage the community through each pillar. This approach facilitates organizational adoption of sustainability into day to day operations. The Pillar leaders provide a system to take the plan into 'chunks' with clear champions. This option involves and supports more leadership opportunities and should not cost more than Option A. This model promotes greater partner responsibility both financially and through governance. There is staff to support the work. It supports the coordinator position in reaching more organizations more quickly. Partner Oraanizatio 9e) Andria Leigh, Director of Developmen... Partner Municipality Community Well -being Partner Municipality Economic Prosperity Sustainability Coordinator Partner Municipality 1 Concerns This model has the potential to create too much bureaucracy. Slows decisions and therefore action, however, strong terms of reference for the pillar sub groups should avoid this problem. More costly and difficult to implement. Partner Municipality Steering Committee Environmental Integrity and Protection In this option the pillar leaders each take on some of the responsibilities of the sustainability coordinator, especially around partnership development, and cost share a sustainability coordinator administrator blended role. Page 1 24 Page 62 of 197 sustainable SEVFIRN 5 i \7 9e) Andria Leigh, Director of Developmen... Proposed Organizational Structure for the implementation of the Severn Sound Sustainability Plan October 13, 2010 Purpose of Presentation 1. Brief overview of the Sustainability Plan 2. Progress update on work of the Sustainability Plan Steering Committee 3. Discussion of proposed options for the implementation of the Sustainability Plan smtatt Page 63 of 197 9/29/2010 1 Environmental Integrity and Protection 9e) Andria Leigh, Director of Developmen... Vision 1 By 2050, the Severn Sound watershed will contain a network of communities that have achieved a sustainable quality of life for all citizens by developing a common culture of environmental, economic and social balance. Community Well -being Get Economic Prosperity Three Pillars s§ vies Page 64 of 197 9/29/2010 2 Environmental Integrity Protection GOALS Natural Heritage Biodiversity Resource Consumption Infrastructure Land Use Environmental Education GOALS Wellness Housing Active Living Arts Culture Social Networks 9e) Andria Leigh, Director of Developmen... Protect, restore and enhance natural heritage Protect and enhance biodiversity Reduce consumption of natural resources Design efficient public facilities in harmony with natural systems Promote environmental education programs Promote wellness of mind, body, and soul Community Well -Being Provide safe, healthy, diverse and affordable housing Protect and enhance a network of active living activities for all ages and abilities Recognize and protect cultural identity and local arts and heritage Retain and build diverse social networks Page 65 of 197 9/29/2010 3 9e) Andria Leigh, Director of Developmen... Economic Prosperity GOALS Business R and Employment etention Communications c Tourism III Vibrant Downtowns Agriculture 1 Create a sustainable, diverse and balanced economic base that provides quality employment and sustainable wages Improve communications infrastructure "We, the undersigned, on behalf of our respective municipal councils, are pleased to endorse the Severn Sound Sustainability Plan dated April, 2009. Our municipalities are proud sponsors of this Plan. We celebrate this initiative and look forward to continued progress towards the sustainability of our watershed. The implementation of this Plan will ensure that, as stewards of this watershed, we will leave a legacy of improvement for generations to come." Strengthen tourism and recreation development in a low- impact manner Revitalize downtowns and main streets for residents and visitors Enhance the economic viability of sustainable agriculture Endorsement by all 9 Municipalities 1 Page 66 of 197 9/29/2010 4 9e) Andria Leigh, Director of Developmen... Progress Update By Spring 2009, all 9 partner municipalities had endorsed the Sustainability Plan Sustainability Plan Steering Committee created to develop implementation strategy Logo and www.sustainablesevernsound.ca created Benefits of the Sustainability Plan Access to grants funding Communications and information Coordination and collaboration Monitoring /reporting Institutionalization and succession planning Meeting public expectations Ensuring return on $250,000 investment Page 67 of 197 9/29/2010 5 9e) Andria Leigh, Director of Developmen... Governance Committee reviewed 4 different organizational models throughout 2009 Model selected in January 2010, contingent upon external funding External funding was not successful Models revisited, 2 options selected c�ttt ;tin.al�lu Option A Coordinating Body Staff Recommended Model Full -time staff to assist committee and working groups Sustahnability Steering Committee Sustainab €lity Coordinator Working Groups Page 68 of 197 9/29/2010 6 Option A Proposed Budget See p. 14 of document Primary expenses: Wage for full-time coordinator Communications Requesting $6,000 annually from each municipal partner (x9) until 2014 Default, if no funding No staff provided Implementation of Sustainability Plan becomes responsibility and expense of each partner 9e) Andria Leigh, Director of Developmen... 111.101.117 Partner Organizations iaT :sli .1765. lr inn :Hi Hi z a s ZIZ ia Option B Committee Only Sustainability Steering Committee Partner Municipalities Page 69 of 197 9/29/2010 7 9e) Andria Leigh, Director of Developmen... L 1 4 Direction needed to help move the Sustainability Plan into action as a program An annual $6,000 commitment from each partner until 2014 will help create a more sustainable future sustainable SEVERN StYJND 1 Thank You! www.sustainablesevernsound.ca Page 70 of 197 9/29/2010 8 REPORT Report No. DS 2010 -032 (Revised) Meeting Date: October 13, 2010 Roll 4346- 010- 009 -68960 It is recommended: BACKGROUND: To: Council 9f) Report No. DS2010 -032 (Revised), And... Subject: Site Plan Agreement and Removal of Hold 2010 SPA -07 to 2010 SPA -10 (1198677 Ontario Limited) (Thomas Obradovich) Part of Lot 1, Concession 4 5 and Part of the Original Road Allowance Between Concessions 4 5(As Closed by by -law 1169) BEING PARTS 2,3, 4 and 5, PLAN 51R37085 (Former Township of Oro) RECOMMENDATION(S): Requires Action Proud Heritage, Exciting Future X Prepared By: Steven Farquharson, Intermediate Planner Motion R.M.S. File D11 40571 For Information Only 1. THAT Report No. DS 2010 -032 be received and adopted. 2. THAT the Township of Oro Medonte enters into a Site Plan Agreement with 1198677 Ontario Limited to remove the holding provision. 3. THAT the Clerk prepares a By -law for Council's consideration to enter into a Site Plan Agreement with 1198677 Ontario Limited. 4. THAT the Clerk prepare a By -law for Council's consideration to remove the Holding Symbol from lands described as Part of PCL 1 -21 SEC 51- ORO -4; Pt LT 1 CON 4 ORO PT LT 1 CON 5 ORO; PT RDAL BTN CON 4 AND CON 5 ORO CLOSED BY R0659014; BEING PART 2,3, and 5, PLAN 51 R37085 5. THAT the Township of Oro Medonte enters into a Site Plan Agreement with Thomas Obradovich to remove the holding provision. 6. THAT the Clerk prepares a By -law for Council's consideration to enter into a Site Plan Agreement with Thomas Obradovich. 7. THAT the Clerk prepare a By -law for Council's consideration to remove the Holding Symbol from lands described as Part of PCL 1 -21 SEC 51- ORO -4; Pt LT 1 CON 4 ORO PT LT 1 CON 5 ORO; PT RDAL BTN CON 4 AND CON 5 ORO CLOSED BY R0659014; BEING PART 4, PLAN 51 R37085 8. AND THAT the owner be notified of Council's decision. The applicant is proposing to have a site plan agreement registered on title in order to establish building envelopes for the construction of new dwellings in the future. The zoning now in effect DEVELOPMENT SERVICES Meeting Date October 13, 2010 Report No. DS 2010 -032 Page 1 of 8 Page 71 of 197 for the subject lands is Residential One Exception 187 Hold (R1 *187H) Zone. As such, the owner must enter into a Site Plan Agreement prior to the removal of the Holding Symbol. ANALYSIS: The subject lands are designated "Horseshoe Valley- Low Density Residential" by Official Plan Amendment 28. OPA 28 was approved in order to facilitate the creation of 4 residential lots. The subject lands are located on the west side of Line 4 N, south of Horseshoe Valley Road, being Parts 2,3,4 5 on Plan 51 R- 37085. The subject lands are zoned Residential One Exception 187 Hold (R1 *187(H)). As part of the Zoning By -law Amendment application the property was subject to the placement of a holding provision, which will maximize the tree retention on the lands. Each of the lots will have tree retention of 50% within the viable building envelope as identified on the site plans attached to this report. The Zoning Exception 187 also identified the lot sizes as well as allowing a 5 metre setback from the 3:1 slope. The Site Plan Agreement contains wording where the owner acknowledges that the lot will be subject to the 50% tree retention within the established building envelope, which includes the location of the dwelling, amenity space, septic location and driveway location. At this current time, the applicant is not proposing a dwelling location, but would like to establish a general area in which a dwelling could be located on each of the Tots. With the execution of the Site Plan Agreement, the Holding (H) provision of the Zoning By -law can be removed. When the owner wishes to construct a dwelling on the subject lands, a revision to the Site Plan Agreement will be required in order to ensure that the 50% tree retention is maintained and that the dwelling is no closer than 5 metres to the 3:1 slope. The applicant has also provided on the site plan drawings the proposed location for the water connection and driveway for each lot, which was requested by the Engineering and Environmental Services. FINANCIAL: N /A. POLICIES /LEGISLATION: Township of Oro Medonte Official Plan and Zoning By -law 97 -95 The Planning Act, Section 36 and 41 CONSULTATIONS: 9f) Report No. DS2010 -032 (Revised), And... During the Site Plan circulation no concerns were raised by Township staff. ATTACHMENTS: Schedule 1: Location Map Schedule 2: Lot 1 Schedule 3: Lot 2 Schedule 4: Lot 3 Schedule 5: Lot 4 Schedule 6: Site Plan Agreement for 1198677 Ontario Limited Schedule 7: Site Plan Agreement for Thomas Obradovich DEVELOPMENT SERVICES Meeting Date October 13, 2010 Report No. DS 2010 -032 Page 2 of 8 Page 72 of 197 CONCLUSION: 9f) Report No. DS2010 -032 (Revised), And... The purpose of this application is to register a site plan agreement for the four lots to establish a building envelope with a minimum 50% tree retention at the time of construction of a single detached dwelling on each of the four lots. It is recommended that Site Plan Applications 2010 SPA-07 to 2010 SPA -10 and the Removal of the Holding Provision applying to the subject lands be approved. Respectfully submitted: Reviewed by: Steven c(u1i rson, B.URPL Glenn White, MCIP, RPP Intermediate Planner Manager of Planning Services SMT Approval Comments: C.A.O. Approval Comments: DEVELOPMENT SERVICES Meeting Date October 13, 2010 Report No. DS 2010 -032 Page 3 of 8 Page 73 of 197 2010 SPA -07 to 2010 SPA -10 (1198677 Ontario Limited and Thomas Obradovich) DEVELOPMENT SERVICES Report No. DS 2010 -032 SCHEDULE 1: LOCATION MAP HORSESHOE VAL 9f) Report No. DS2010 -032 (Revised), And... 45 90 SUBJECT LANDS 180 270 360 Meters Meeting Date October 13, 2010 Page 4 of 8 Page 74 of 197 r..r CFM q. 4 ROIaWAW0.YZ OWOIPIC,O1MO*WCflO. ,O.N..P CWSOTYFSIYCOE mom PART 5 51R -97085 p= sm MaAvandiforBusStp p meow smmcwr nomabl sap. sim pt8b1slope *Pi Gamt41. R.0.1 rmaam n.mm+oiA.. Is frod. Front I m tea. Iraer 7. xam mene.xpwe+ar aae f. YnapWek Malmo lm.mr SS I Sim ,Sim vp la+e4.pam I Olt apm I 111.1,7 E..qA.. I WA S.u. P L A N N I N G I� i Lk3AN DESIGN PP 8 LANDSCAPE ARC,'. "EC URE MHBC PLANNING Am_ maw. SMI m� .EE w I... ir+ n.vrr:r.rr -u, 000 N 0 u cn co a 0 0 0 w 0 a) W N 5 o cc cn I— N Z W a 0 OZ J t W 0 W GCC 377 7 02 9 40 53 DRIVEWAY COCA wxralurf.mm®anamaca a PO/ROME ORM&IIC OPLOWMCE OOGORM ICTOmaip OF ORO, IOMNiPOFGm1®01fIE CONN MIME MOW PART 4 51R '37085 9 a P Wm. NM Me Baadilr 1'a AmaAYWR. rareaaAaO 11 Prccorri BptC*Itema,walrc a*Limit fan bt slope SuNejaa31e 1 8gpe Fpalent P L A N N N G -Al URBAN DESIGN I I _ANDSCAPE ARCHITECTURE MHBC PLANNING er +a.naM l__•Yd PPM 1M1 bar MAAIMUM50%OFBOILOABLE AREA 'CAM BE sx. Mita 1 I1 CLEARED OF IMES AND VEBETA7WR FOR BUILDING NM eV IMV rldYl WIM- Y a- af01MLa N w V N O cc r W O O N Z cn WO a O 0 z J W O al Ir E J O r o CD co O J DRIVEWAY LOCATION Wbd Site Boundary Area ArallaclatorN dit RopceecSeptleS}smm t0cdon SNhe* Lift tan 3101 Snips smemypa s l Slope r wamrnmemon PLANNING �1 URBAN DESIGY LANDSCAPE ARCHITECTURE MSC PLANNING PART 3 51R 37085 tBP run 1 a1 n sp ,aom� 29 30 r N N.PQW'f1.C�71�itl.M4i6 V(rQ,QilEtNpd.1.P.1DNllNGr2 BEil1®f °17911101Neii1 WJHYVII.fO®IW60.A 1.I IM OFO'i.10�pIN cs AormaremE: LOT S S I RNEWAY LOCATION MNfMtM60140F WILDP&EAREACANBE C7FAR� OF TREES AM VEGUATION FOR BUI.pgANDAMENIMARDSPACE. avr M1« elalw AN.Awl.bkfmB g P.1. 9011r5yLaeloolllon &busk lint 4gmab1 &rrepel3b 19Ap,. I !wind I P•sibel 1 w A,s 1 1?11A 1 2W. I I ts. 1 .A'* 1 +%>m 1 IvNa.mas mama I Ian I Ma+. ear a I A 4 I V G y� ?BAN =ES ;Cn P1 3 .AM175CAPE A.PCP 1 -CTJR= M1 RC PLANNING PART2 51R. -37085 mom 751 SAn 1211, o CO N 0 co CO w T J a 0 O 0 CI 4-. 0 2 y W N 9 0 c N o Z W N aZ 0 t W 0 LU C CC REPORT Report No. DS 2010 -046 Meeting Date: October 13, 2010 Roll 4346- 010- 003 -28401 RECOMMENDATION(S): It is recommended: BACKGROUND: ANALYSIS: To: Council Requires Action 9g) Report No. DS2010 -046, Andria Leigh,... Township of Proud Heritage, Exciting Future Subject: Site Plan Agreement 2010 SPA -16 (2008628 Ontario Ltd) Part Lot 3, Concession 7, Oro, Parts 1, 2 3 Plan 51 R31839 SR Row Over Part 2 Plan 51R31839 as in LT524692 (Former Township of Oro) X Prepared By: Steven Farquharson, Intermediate Planner Motion R.M.S. File 011 40704 For Information Only 1. THAT Report No. DS 2010 -046 be received and adopted. 2. THAT the Township of Oro Medonte enters into a Site Plan Agreement with 2008628 Ontario Limited to establish a building envelope 3. THAT the Clerk prepares a By -law for Council's consideration to enter into a Site Plan Agreement with 2008628 Ontario Limited. 4. AND THAT the owner be notified of Council's decision. The applicant is proposing to have a site plan agreement registered on title in order to establish building envelopes for the construction of a model home on Lot 2 in the draft plan approved Diamond Valley Plan of Subdivision. The zoning now in effect for the subject lands is Residential One Hold (R1(H)) Zone. The applicant was granted approval by the Committee of Adjustment on September 18, 2008, to place model homes within the Draft Plan approved Plan of Subdivision. A condition was placed on the variance approval stating that a site plan agreement must be entered into with the Township in order to protect the closed canopy forest cover or within the Pine Reforestation Area. As such, the owner must enter into a Site Plan Agreement prior to the issuance of a Zoning Certificate and Building Permit. The subject lands are designated "Residential" by the Official Plan. The subject lands are located on the west side of Line 7 N, south of Horseshoe Valley Road, being Part of Lot 3, Concession 7, Parts 1, 2 3 on Plan 51 R- 31839. The subject lands are zoned Residential One Hold (R1(H)). As part of the Variance request, comments received from the Director of Engineering and Environmental Services stated that Lot 2 is to be subject to Site Plan Control as they appear to within an area which is a closed canopy forest cover or within pine reforestation area. The Site Plan Agreement contains wording where DEVELOPMENT SERVICES Meeting Date October 13, 2010 Report No. DS 2010 -046 Page 1 of 4 Page 79 of 197 the owner acknowledges that the lot will not have any negative impact on the canopy forest cover or the pine reforestation area. When the owner wishes to construct the additional model homes, a Site Plan Agreement will be required if homes are being constructed within the canopy forest cover or pine reforestation area. The Site Plan Agreement indentifies the location of the dwelling, driveway and septic system as well as the area of canopy forest cover to be maintained. FINANCIAL: N /A. POLICIES /LEGISLATION: Township of Oro Medonte Official Plan and Zoning By -law 97 -95 The Planning Act, Section 36 and 41 CONSULTATIONS: During the Site Plan circulation no concerns were raised by Township staff. ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Drawing Schedule 3: Site Plan Agreement CONCLUSION: The purpose of this application is to register a site plan agreement for the construction of a model home on Lot 2 of the draft plan approved plan of subdivision of Diamond Valley, due to it being located within the canopy forest cover or pine reforestation area. It is recommended that Site Plan Application 2010 SPA -16 applying to the subject lands be approved. Respectfully submitted: Steve r(F uh rson, B.URPL Interme late Planner SMT Aooroval Comments: 9g) Report No. DS2010 -046, Andria Leigh,... Reviewed by: Glenn White, MCIP, RPP Manager of Planning Services C.A.O. Aooroval Comments: DEVELOPMENT SERVICES Meeting Date October 13, 2010 Report No. DS 2010 -046 Page 2 of 4 Page 80 of 197 TrIEL l W pOD HUR ©N, w z Subject _ands Lot 2 DEVELOPMENT SERVICES 2010 SPA -16 (2008628 Ontario Limited) h. 57 9g) Report No. DS2010 -046, Andria Leigh,... '6" SCHEDULE 1: LOCATION MAP SUMAC_C E_S_CENT suGARDAD I H OR SE SH OE VALLEY ROAD 0 65 '130 260 390 520 Meter 1 iI Meeting Date October 13, 2010 Report No. DS 2010 -046 Page 3 of 4 Page 81 of 197 DEVELOPMENT SERVICES Report No. DS 2010 -046 9g) Report No. DS2010 -046, Andria Leigh,... SCHEDULE 2: SITE PLAN DRAWING 2010 SPA -16 (2008628 Ontario Limited) Meeting Date October 13, 2010 Page 4 of 4 Page 82 of 197 (Qi ,e�oato Pwnd Herimyv, [veiling Fw.xrre Report No: DS 2010 -049 Meeting Date: October 13, 2010 Roll 4346- 010- 002 -2640 RECOMMENDATION(S): It is recommended that Council: BACKGROUND: ANALYSIS: TOWNSHIP OF ORO- MEDONTE REPORT To: Council Subject: Zoning By -law Amendment 2010- ZBA -08 (1802281 Ontario Limited) Part of Lot 11, Concession 5 (Oro) Requires Action 9h) Report No. DS2010 -049, Andria Leigh,... X For Information Only Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File D14- 1. THAT Report DS 2010 -049 Re: Zoning By -law Amendment Application 2010 ZBA -08 for 1802281 Ontario Limited, Part of Lot 11, Concession 5 (Oro), Township of Oro Medonte, be received and adopted; 2. THAT Zoning By -law Amendment Application 2010 ZBA -08, Part of Lot 11, Concession 5 (Oro), Township of Oro Medonte that would rezone lands from the Residential One Hold (R1(H)) to the Residential One (R1) Zone on Schedule Al2 of Zoning By -law 97 -95, be approved; and 3. THAT the Clerk prepare a By -law for Council's consideration to remove the Holding Symbol from lands described as Part of Lot 11 Concession 5 (Oro); and 4. AND THAT the owners be notified of Council's decision. The purpose of this report is to consider proposed Zoning By -law Amendment application submitted by Innovative Planning Solutions on behalf of 1802281 Ontario Limited. The proposed Zoning By -law Amendment is to rezone the lands from the Residential One Hold (R1(H)) Zone to Residential One (R1) Zone The subject lands were originally part of a Draft Plan Approved Plan of Subdivision, but the subject lands (Lot 1) were severed by way of consent on August 19, 2010. However, in order for the lands to be used for the constructed for a residential dwelling, the holding provision must be removed. The subject property is located in the south east quadrant of the Edgar Settlement Area. The lands are separated by a watercourse which prevent direct access to the rest of the draft plan of subdivision. The subject lands have 30 metres of frontage along Line 4 North and a lot area of 2.0 hectares. The proposed lot does meet the minimum lot area requirements of 0.2 hectares in the Residential One (R1) Zone. Development Services Meeting Date October 13, 2010 Report No. DS2010 -049 Page 1 of 6 Page 83 of 197 FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro Medonte Official Plan: Township Comprehensive Zoning By -law: 9h) Report No. DS2010 -049, Andria Leigh,... The subject lands are presently designated "Rural Settlement Area" by Schedule "A" of the Official Plan. The Settlement Area Strategy identifies Edgar as a small rural service centre, which is not serviced with municipal water system. Development of the Edgar Settlement Area is to occur with small scale development by Plan of Subdivision on private services maybe permitted. Permitted uses on lands designated Rural Settlement Area are "low density residential, small scale commercial uses that serve the needs of the settlement area and surrounding rural area, small scale industrial development, institutional uses such as schools, places of worship, community centres, libraries and similar uses Therefore, the proposed lands would comply with the policies as found within the Official Plan. The proposed lands to be rezoned are zoned Residential One Hold (R1 *H) Zone. The Residential One (R1) Zone requires a minimum lot frontage of 30 metres (98.4 feet) and a minimum lot area of 0.2 hectares (0.49 acres). Normally, the Holding provision should not be lifted until a Subdivision agreement has been entered into between the Township of Oro Medonte and developer. Due to the subject lands being severed off from the draft plan approved Plan of Subdivision, it is deemed appropriate to remove the holding provision at this time. The lot is no longer part of the Plan of Subdivision. The subject lands would consist of 2.0 hectares, and will have 30 metres of frontage on Line 4 North. Therefore, the proposed rezoning of the lands would continue to meet with all requirements of lot area and frontage of the R1 Zone in the Zoning By -law. Provincial Policy Statements 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. Policy 1.1.1 a) contains policy that states that promoting efficient development and land use patterns which sustain the financial well being of the Province and municipalities over the long term. Subsection (b) states that accommodating an appropriate range and mix of residential, employment (including industrial, commercial and industrial uses), recreational and open space uses to meet long term needs. Policy 1.1.2.1 states that a Settlement area shall be the focus of growth and their vitality and regeneration shall be promoted. The subject lands is located inside of a settlement area and is considered to be consistent with the Provincial Policy Statement. Development Services Meeting Date October 13, 2010 Report No. DS2010 -049 Page 2 of 6 Page 84 of 197 Places to Grow application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.2- Managing Growth (h) encourages cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services. In Policy 2.2.9 Rural Areas there are provisions that state that settlement areas are key to the vitality and economic well being of rural communities. This application will rezone a residential lot, which is located within an identified Settlement Area in Township Official Plan, which is considered to meet to meet this policy. Based on the above, the rezoning application would generally conform with the Place to Grow legislation. County of Simcoe Official Plan In analyzing this zoning 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 County of Simcoe Planning Department have commented, stating that they that no objection to the proposed rezoning application. It is the opinion of the Planning Department that the proposed rezoning conforms to the County of Simcoe Official Plan CONSULTATIONS: Township of Oro Medonte Official Plan Township Comprehensive Zoning By -law Planning Act County Official Plan Provincial Policy Statement Place to Grow ATTACHMENTS: Attachment #1- Location Map Attachment #2 Draft Plan 9h) Report No. DS2010 -049, Andria Leigh,... Development Services Meeting Date October 13, 2010 Report No. DS2010 -049 Page 3 of 6 Page 85 of 197 CONCLUSION: The proposed Zoning By -law Amendment is in accordance with the Edgar Settlement Area policies of the Official Plan. The proposed Zoning By -law Amendment would rezone the lands to Residential One (R1) Zone which meets to the general intent of the Official Plan and Zoning By -law. On the basis of the above, it is recommended that Council approves Zoning By -law Amendment 2010- ZBA -08. Respectfully submitted: Steven of t arsor Intermediate Planner 9h) Report No. DS2010 -049, Andria Leigh,... Reviewed by: Glenn White, MCIP, RPP Manager of Planning Services SMT Approval Comments: L C.A.O. Approval Comments: Development Services Meeting Date October 13, 2010 Report No. DS2010 -049 Page 4 of 6 Page 86 of 197 -1I [_1 II4J OLD BARRIE:RC !iD I *y yr* rw `rte tttttttttttttttt attttttttttttt Z: ma Y jr ST _i�iYyy E ATTACHMENT 1: LOCATION MAP LAUflE R. RRA,ID Jl f Proposed Lands to be Rezoned Draft Plan Approved Ran of Subdivision 9h) Report No. DS2010 -049, Andria Leigh,... Li I 11 J L. 0 62.5 125 250 Meters Development Services Meeting Date October 13, 2010 Report No. DS2010 -049 Page 5 of 6 Page 87 of 197 Development Services Report No. DS2010 -049 9h) Report No. DS2010 -049, Andria Leigh,... ATTACHEMENT 2: DRAFT PLAN a• y Y s i` r y i r'\• J m r r L `I. \te O Lands Subject to Rezoning r Meeting Date October 13, 2010 Page 6 of 6 Page 88 of 197 REPORT Report No. DS 2010 -050 Meeting Date: October 13, 2010 Roll 4346 -030- 010 -1870 It is recommended: To: Council 1. THAT Report No. DS 2010 -050 be received and adopted. ANALYSIS: 9i) Report No. DS2010 -050, Andria Leigh,... Township of Subject: Site Plan Agreement 2010- SPA -23 (Robert William Black, Gail Elizabeth Black and Carol Noel Black) Part of East Half of Lots 2 3, Concession 1 Being PIN #58531 -0393 (Former Township of Orillia) Proud Heritage, Exciting Future Prepared By: Steven Farquharson, Intermediate Planner Motion R.M.S. File D11 40836 RECOMMENDATION(S): Requires Action X I For Information Only 2. THAT the Township of Oro Medonte enters into a Site Plan Agreement with Robert Black, Gail Black and Carol Black to construct an addition onto an existing accessory building (workshop). 3. THAT the Clerk prepares a By -law for Council's consideration to enter into a Site Plan Agreement with Robert William Black, Gail Elizabeth Black and Carol Noel Black. 4. AND THAT the owner be notified of Council's decision. BACKGROUND: The owners are proposing to construct an addition with an area of 92.9 square metre onto an existing commercial building for the display, sales and service of small engines and snowmobile sales and service. As such, the owners must enter into a Site Plan Agreement prior to the issuance of a Zoning Certificate and Building Permit. The subject lands are designated "Restricted Rural" by the Official Plan. The subject lands are located on the west side of Highway 12, and north of Goss Road, municipally known as 8806 Highway 12. The subject lands are zoned General Commercial Exception 102 (GC*102) by Zoning By -law 97 -95. As per the Site Plan Control By -law 2009 -062, all properties located in the GC Zone are subject to Site Plan Control. The exception 102, that is placed on the property allows for a small engine repair and sales establishment and a snowmobile sales and services establishment. DEVELOPMENT SERVICES Meeting Date October 13, 2010 Report No. DS 2010 -050 Page 1 of 4 Page 89 of 197 Therefore, the current use of the property is in compliance with the Zoning By -law. The proposed addition would also be in keeping with the required setbacks and height provisions under the GC Zone. The proposed application was circulated to internal departments with no concerns being raised. The applicants have obtained approval from the Ministry of Transportation for the proposed addition. Also the subject property is not regulated by the Nottawasaga Valley Conservation Authority and there are no environmentally sensitive areas on the subject lands. FINANCIAL: N /A. POLICIES /LEGISLATION: 9i) Report No. DS2010 -050, Andria Leigh,... Township of Oro Medonte Official Plan and Zoning By -law 97 -95 The Planning Act, Section 36 and 41 CONSULTATIONS: During the Site Plan circulation no concerns were raised by Township staff. ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Drawing Schedule 3: Site Plan Agreement CONCLUSION: The purpose of this application is to register a site plan agreement for the construction an addition with an area of 92.9 square metre onto an existing commercial building for the display, sales and service of small engines and a snowmobile sales and service. It is recommended that Site Plan Application 2010- SPA -23 applying to the subject lands be approved. Respectfully submitted: Reviewed by: Seven Farquharson, B.URPL Intermediate Planner SMT Approval Comments: Glenn White, MCIP, RPP Manager of Planning Services C.A.O. Approval Co ents: DEVELOPMENT SERVICES Meeting Date October 13, 2010 Report No. DS 2010 -050 Page 2 of 4 Page 90 of 197 Subject Lands BASS LAKE DEVELOPMENT SERVICES Report No. DS 2010 -050 SCHEDULE 1: LOCATION MAP 2010 SPA -23 (Black) 9i) Report No. DS2010 -050, Andria Leigh,... TOWNSHIP OF SEVERN /7 Q ti NAL- 150 200 Meters Meeting Date October 13, 2010 Page 3 of 4 Page 91 of 197 3:1 CI m o m r zO o v v N O 0 0< C' n m (1) Sait PLAN 2400.00 2119..92 O Curren i I d i ng Tree Proposed Add' S A 95.422 110; Graved f Welt PARKING-re- 8.00 1249.000 PARKING– Tree 56`52' N\\\ l GRASS 9.9; Aspha l t Hydro Poll-1 Highwaytl2 C.Idwater Rd. '714.7.00 GRASS ARKING HOUSE FFJCE TOP VIEW All Oimenslons in Inches Natural Gos SEPTIC EEO SEPTIC TANK 04* 90.732 144.726 1e 155.924 iA c00e 460 $58 784 °ravel 4 NORTH GRASS At000St4 acr1C&.1 S 1C Ano AS G,AaA 0,4 I O $t 289.11 Natural Gas PARKING MT4•s 14m Setback Entrance to Highway#12 Entrance to Highway#12 Asphalt Highway 12 Right -or -Way a) CD O z O N O O cn Q Q) r CD (0 Tn umdiipof Cgs f/e lo, te Pro.' HvimAr. Ead ripq Amur Report No: DS 2010 -051 To: Council Meeting Date: October 13, 2010 Roll 434602000409920 434602000409500 RECOMMENDATION(S): It is recommended that Council: BACKGROUND: 9j) Report No. DS2010 -051, Andria Leigh,... TOWNSHIP OF ORO- MEDONTE REPORT Subject: Draft Plan of Subdivision, proposed red -lined revisions, Part of Lot 5, Concession 13 (Medonte) File: 43T -90082 (2063334 Ontario Inc.) R.M.S. File D12 -09164 Requires Action X For Information Only Prepared By: Glenn White, Manager of Planning Services Motion 1. THAT Report DS 2010 -051 Re: Draft Plan of Subdivision, proposed red -lined revisions Application 43T -90082 for 2063334 Ontario Inc., Part of Lot 5, Concession 13 (Medonte), Township of Oro Medonte, be received and adopted; 2. THAT Report DS 2010 -051 Re: Draft Plan of Subdivision, proposed red -lined revisions Application 43T -90082 for 2063334 Ontario Inc., Part of Lot 5, Concession 13 (Medonte), Township of Oro Medonte, be approved; 3. THAT Conditions of Draft Plan Approval be amended to reflect the red -lined revisions and be brought back to the first available Council meeting for Council's consideration. The subject lands are located south of Warminster Sideroad and west of Line 13 North as noted on the attached map. In 1998, the revised draft approved plan of subdivision had 55 residential lots, one block (Block 57) for stormwater management purposes, one block (Block 58) for future development and one block (Block 59) to be park area. The proposed red -line revision now proposes smaller lot frontages, a larger stormwater management block (Block 75) and residential lots for Blocks 58 and 59 resulting in a total of 74 residential lots. The developer has been actively working toward the fulfillment of the existing draft plan conditions. The new proposed red -lined plan reflects the applicant's desire to meet present day real estate market needs, to meet the requirements of the Zoning By -law and also to meet the requirements of the NVCA for today's stormwater management standards. The existing adjacent land use to the east is residential lots within the Warminster Settlement Area. The red -lined revisions would create lots with similar approximate 30 metre lot frontages found along the existing streets to the east (Preston Street and Robins Drive). Development Services Meeting Date October 13, 2010 Report No. DS2010 -051 Page 1 of 7 Page 93 of 197 ANALYSIS: The applicant is proposing to reduce a number of lot frontages to 31.5 metres, 32.6 metres, 33.5 metres and 37 metres from the original lots which included approximate 40 and 50 metre frontages. The new proposed frontages will be more consistent with the existing lots frontages of approximately 30 metres along Preston Street and Robins Drive to the east. The lot depths of Lots 1 to 10 at the west portion of the plan have been decreased to accommodate a larger stormwater management block (Block 75). The future development Block (Block 58) and park area (Block 59) are now proposed to be residential lots (Lots 27 to 36). The road layout remains the same with two entrances onto Warminster Sideroad, one connection to Robbins Drive which leads to Line 13 and one new connection to Line 13 North. The number of Tots has increased from 55 lots to 74 lots. This is the result of lot frontages being decreased to 31.5 metres, 32.6 metres, 33.5 metres and 37 metres in various locations resulting in 9 new lots. Ten (10) new lots are proposed to be created by residential lots replacing Blocks 58 and 59. It should be noted that the proposed red -lined revision has not changed the overall boundaries of the draft plan of subdivision. The original plan had an Agricultural Code of Practice's Minimum Distance Separation arc of influence setback of 143.2m from a barn located to the south. This indicated that building envelops would not intrude upon this arc of influence. The applicant has submitted a new Minimum Distance Separation (MDS) report which concludes that under the current Minimum Distance Separation (MDS) Implementation Guidelines (2006) policies the fact the plan of subdivision is within an approved settlement area compliance with the MDS guidelines is not required for farm buildings beyond the settlement area limits. The farm in question is not currently being used for a livestock or dairy operation. This "Note To Draft Approval" (arc of influence setback) is no longer required by current MDS policies therefore it could be removed the "Conditions of Draft Plan Approval" for File 43T -90082 The Notice of Information was mailed to surrounding landowners informing them of the proposed red- lined revisions to the existing draft approved plan of subdivision. Since the new plan proposed to increase the number of lots, the Planning Department was of the opinion that the surrounding landowners should be informed of the proposed changes. This information notice is not a requirement of the Planning Act and does not constitute a Public Meeting notice under the Planning Act. The notice gave the existing landowners the opportunity to view the changes and provided the opportunity to make comments. As of this date, no written comments have been received. The lands are proposed in the future to have a Residential One (R1) Zone, which is consistent with the existing residential lands in the settlement area, all of the proposed lots would comply with the lot frontage and lot area requirements of this zone. FINANCIAL: Not applicable. 9j) Report No. DS2010 -051, Andria Leigh,... Development Services Meeting Date October 13, 2010 Report No. DS2010 -051 Page 2 of 7 Page 94 of 197 POLICIES /LEGISLATION: Township of Oro Medonte Official Plan: The subject lands are presently designated "Rural Settlement Area" by Schedule "A" of the Official Plan. The Rural Settlement Area designation provides for limited residential growth by Plan of Subdivision on municipal water and private septic services, as proposed by this application. Warminster is a rural service centre and is serviced by a municipal water system that is capable of being expanded at the owner's expense. Permitted uses on lands designated "Rural Settlement Area" are "low density residential, small scale commercial uses that serve the needs of the settlement area and surrounding rural area, small scale industrial development, institutional uses such as schools, places of worship, community centres, libraries and similar uses In analyzing the proposed plan of subdivision, Staff reviewed the County of Simcoe Official Plan, Provincial Policy Statement and Places to Grow legislation. With the subject lands being located within an identified settlement area, the plan of subdivision constitutes a permitted use in accordance with the Rural Settlement Area policies of the Official Plan and is consistent with the County of Simcoe and Provincial policies. Zoninq� -law The subject property is presently zoned Agricultural /Rural (A/RU) Zone and Agricultural /Rural Exception 15 (A/RU *15) Zone by Zoning By -law No. 97 -95. The proposed rezoning would rezone the lands to Residential One (R1) Zone to reflect the intended use of the lands. The developer will have to confirm that no exceptions are required to the zone standards for lot frontage or lot area for the proposed residential lots. The proposed Block 75 is proposed to be zoned Open Space (OS) Zone. It is also proposed to zone the residential lands Residential One Hold (R1 (H)) Zone. The Holding provision would be lifted once until a Subdivision Agreement has been executed. Plan of Subdivision As per the policies of the Official Plan, the Plan of Subdivision will be serviced by municipally owned water system and individual private septic systems. Upgrades to the Warminster water system will be paid for by the developer. The original draft approved plan of subdivision had identified Block 59 as park area. The red -lined revision has proposed residential lots in the former Block 59. Therefore, the draft plan conditions would have to be changed to include a new condition requiring cash -in -lieu of parkland dedication. There is an existing municipal park located south of Warminster Sideroad and east of Highway 12. The Director of Recreation and Community Services is in support of the elimination of the park block (Block 59) in favour of the Township receiving cash -in -lieu of parkland dedication. CONSULTATIONS: 9j) Report No. DS2010 -051, Andria Leigh,... The proposed red -lined plan of subdivision was circulated to internal Township Departments and relevant external agencies. The following comments were received: Nottawasaga Valley Conservation Authority NVCA staff have reviewed the lot reconfiguration prepared by C.C. Tatham and Associates and C.T. Strongman Surveying Ltd. And acknowledge that it provides sufficient opportunity to incorporate the wetland into the stormwater management design. NVCA staff has no objection to the red line revision and the number of lots on the plan. All issues Development Services Meeting Date October 13, 2010 Report No. DS2010 -051 Page 3 of 7 Page 95 of 197 related to the size of the pond block (Block 75) have been addressed to the satisfaction of NVCA engineering staff. The NVCA staff will continue to review the plan at the detailed design stage in the future. AECOM AECOM generally had no concerns regarding the proposed red -lined revision. They will continue to review and comment on future detailed engineering drawings. ATTACHMENTS: Attachment #1 Location Map Attachment #2 Proposed red -lined revisions Attachment #3 Proposed new draft plan of subdivision CONCLUSION: The proposed red -lined revisions to approved Draft Plan of Subdivision 43T -90082 would provide a residential development within the Warminster Settlement Area in accordance with the policies of the Official Plan. The proposed red -lined revisions reflect the type and character of development already existing in this portion of the Warminster community. In respect of the requested red -lined revision, staff has no objection to the proposed changes. Respectfully submitted: Glenn White, MCIP, RPP Manager of Planning Services 9j) Report No. DS2010 -051, Andria Leigh,... SMT Approval Comments: C.A.O. Approval Comments: Development Services Meeting Date October 13, 2010 Report No. DS2010 -051 Page 4 of 7 Page 96 of 197 0 Development Services Report No. DS2010 -051 SUBJECT PROPERTY 25 500 II Meters 1,000 9j) Report No. DS2010 -051, Andria Leigh,... ATTACHMENT 1: Location Map WARMINSTERTSI ®,EROAD IN 1 1 111111 111 Meeting Date October 13, 2010 Page 5 of 7 Page 97 of 197 Development Services Report No. DS2010-051 ATTACHMENT 2: Proposed red-lined revisions 9j) Report No. DS2010-051, Andria Leigh,... Meeting Date October 13, 2010 Page 6 of 7 Page 98 of 197 m m 0 0 13 m f0 m w V IV M V 0 LOr 3 1133 4 I0 z y 911.19-ct' fan a 3 norm 4CW L" 43339e nr 133931333133 5/3630.43 x» 3 rt g S .W p p 51 317 =r' 43 4 33 MR. 3133 m 3.410 9 1I i r 44 a•* J 40 4 1 I pn 000,0.1 1,4 39 y i 33 o a o TO E; 33 j! 34 33 Fes lama gl 30 I SURVEYOR% CERTIFICATE 31 5 5 33:4; war. 71,40610.1 .au< 0..09.'1 --_gr. 4 air 134 NOM. 1333 3315.3133 Aog., PLAN OF SUBDIVISION OF PART OF 355 E1/2 OF SAT 5 C0N51E53,0N 13 (GECCRn TOWNSHIP OF MEDONTE: TOWNSHIP OF ORO— MEDONTE COUNTY OF SIMCOE 1 1000 1 STRONGMAN 01.5. SA00 PLAN 71117 Ava G¢ww0)0 a4t 4. 330133 p OWNERS CERTIFICATE nag 5. moon 0C ,?b c ,comoci 0■3133.3 910331 .03 11.16 RAN AK VORE3 Ale a. la rcur 33334N0 0.3.3.31 yam C. 00tanio land Su230 1411 mlza ORILWA ONTARIO s.iwm 1 D -2147 a O 0) CD Q CD D TT 0 m p7 z 9 0- 0 7 O Report No. DS 2010 -052 Meeting Date: October 13, 2010 Roll 4346 010- 003 -32900 4346- 010- 003 -33000 RECOMMENDATION(S): Requires Action It is recommended: BACKGROUND: REPORT To: Council 9k) Report No. DS2010 -052, Andria Leigh,... Township of Subject: Plan of Subdivision and Zoning By -law Amendment 2008 SUB -02 and 2008 ZBA -14 (Lake Simcoe Aeropark Inc.), West Half of Lots 18 and 19, Concession 8 (Oro) X Proud Heritage, Exciting Future Prepared By: Glenn White, Manager of Planning Services Motion R.M.S. File D12- 38810 For Information Only 1. THAT Report DS 2010 -052 Re: Plan of Subdivision and Zoning By -law Amendment for Lake Simcoe Aeropark Inc., West Half of Lots 18 and 19, Concession 8 (Oro), Township of Oro Medonte, be received and adopted; and 2. THAT Plan of Subdivision Application 2008 SUB -02 and Zoning By -law Amendment Application 2008 ZBA -14 for Lake Simcoe Aeropark Inc., West Half of Lots 18 and 19, Concession 8 (Oro), Township of Oro Medonte, generally support the revised draft plan of subdivision and that revised draft plan of subdivision be further revised to address the comments from AECOM and LSRCA, as required. The purpose of this report is to provide Council with the option to consider a revised plan of subdivision submitted by Lake Simcoe Aeropark Inc. which has been amended to address the requirements of the Lake Simcoe Protection Plan. The applicant has a total landholding of 85.9 hectares (212.3 acres), located on the east side of Line 7 North immediately across from the Lake Simcoe Regional Airport. The subject land is located at the West Half of Lot 18 and 19, Concession 8 (Oro) in the Township of Oro Medonte. The subject lands are currently designated Industrial, Environmental Protection One, and Environmental Protection Two Overlay in the Official Plan, and zoned Agricultural /Rural (A/RU) Zone and Environmental Protection (EP) Zone in the Township's Zoning By -law. The original plan of subdivision of 77 industrial lots had lot areas ranging from 0.40 hectares to 6.07 hectares. Further, the applicant is applying to rezone the lands from Agricultural /Rural (A/RU) Zone to Economic Development (ED) Zone. DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -052 Page 1 of 22 Page 100 of 197 ANALYSIS: 9k) Report No. DS2010 -052, Andria Leigh,... The development is now proposed to be developed in phases. This revised Plan of Subdivision 9027 represents Phase 1A containing 23 industrials lot, blocks for stormwater management, sewage treatment plant, water supply, road widening, 0.3m reserves, and roads A to D, The total area of this revised plan represents 33.76 hectares. The industrial lots range in size from approximately 0.4ha being the smallest to 2.15ha being the largest. There is one entrance into the plan of subdivision which is opposite the entrance to the Lake Simcoe Regional Airport. The plan was revised to recognize the requirements of the Lake Simcoe Protection Plan and provide 30 metre buffers around the natural heritage feature located to the north, east and the south of the subject lands. The balance of the lands to the north and east will be developed at a later date upon the submission and approval of additional reports/ studies and draft plan of subdivision addressing the issues related to those lands. In support of the revised plan of subdivision, the following reports /studies were submitted: Planning report by MHBC Planning Traffic Impact Study Addendum (Cole Engineering) Draft Plan of Subdivision (CDN Land Surveyors) Addendum to Lake Simcoe Aeropark Functional Servicing and Preliminary Stormwater Management Report (R.J. Burnside Associates Ltd.) Environmental Impact Study Addendum (R.J. Burnside Associates Ltd.) These reports have been circulated to the appropriate commenting agencies. LSRCA and AECOM comments of the related reports are reviewed later in this report. The original plan of subdivision was reviewed by the Lake Simcoe Region Conservation Authority and Planning staff and was subject of a meeting between the Township, LSRCA staff, and the applicant's consultant on October 13, 2009. At that meeting it was determined that the application would proceed forward in two phases to allow for additional opportunity to assess environmental features on the property, the policies of the Lake Simcoe Protection Plan and also the impacts of future works on the Airport lands related to the adjacent land development. The Phase 1 lands would include the southerly parcel being Lot 19, Concession 8 with the balance of the lands within Lot 18, Concession 8 being contained in the Phase 2 development. To this end, staff required a revised draft plan submission and addendum reports associated with a revised draft plan to be submitted to the Township. A Public Meeting occurred on November 25, 2009. In September of 2010, this revised draft plan of subdivision and supporting addendum reports were submitted for review. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro Medonte Official Plan: The lands of the revised plan of subdivision are designated "Industrial, Environmental Protection One and Environmental Protection Two Overlay" by Schedule "A" of the Official Plan. DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -052 Page 2 of 22 Page 101 of 197 Permitted uses on lands designated Industrial on the schedules to the Official Plan are "manufacturing, assembly, processing fabrication, storage and /or warehousing uses, research establishments, wholesaling establishments, portable asphalt plants, and similar uses" Development on the subject lands is also subject to the policies in Section C8.5.2 Special Development Policy for West Half of Lots 18 and 19, Concession VIII (Oro). Section C8.5.2 requires the landowner to prepare a Comprehensive Development Plan to deal with such issues as: "the means by which sewer and water will be provided in the area with all forms of sewage disposal being considered including higher forms of servicing such as municipal sewage treatment systems or communal systems The reports submitted with this application address this policy. The addendum Functional Servicing Report now states individual wells may provide for each lot. Section C8.3 (Industrial Servicing) states "Permitted uses in the Industrial designation shall generally be serviced by private water and sewage systems. Zoning By -law 97 -95: The subject parcels of land are presently zoned Agricultural /Rural and Environmental Protection (EP). The site is proposed to be rezoned to an Economic Development (ED) Zone. In addition, based on discussions with Lake Simcoe Region Conservation Authority (LSRCA) some of the lands may be required to be zoned Environmental Protection (EP). Places to Grow: Provincial Policy Statement: 9k) Report No. DS2010 -052, Andria Leigh,... Section 2.2.9 3) "Rural Areas" states "3. New multiple lots and units for residential development will be directed to settlement areas, and may be allowed in rural areas in site specific locations with approved zoning or designation that permits this type of development in a municipal official plan, as of the effective date of this Plan." This industrial development conforms to the above noted policies of the Growth Plan by the fact that the lands are designated `Industrial" by the Official Plan before the effective date of the Growth Plan. Section 1.3 "Employment Areas" states: "1.3.1 Planning authorizes shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment (including industrial, commercial and institutional uses) to meet long -term needs; d) ensuring the necessary infrastructure is provided to support current and projected needs." The revised plan of subdivision will provide a mix and range employment uses by the mix of lot sizes proposed in the draft plan therefore would conform to Policy 1.3.1 a). In regards to servicing (infrastructure) the applicant needs to clarify to the municipality how water services will be provided to this development. See AECOM comments below and the Official Plan policies above. CONSULTATIONS: External agencies and internal departments were consulted with respect to this application. The following comments address major issues related to this revised draft plan of subdivision. DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -052 Page 3 of 22 Page 102 of 197 9 kJ? 9k) Report No. DS2010 -052, Andria Leigh,... Lake Simcoe Reaional Airport The Lake Simcoe Regional Airport was invited to comment on the proposed Lake Simcoe Areopark Inc. plan of subdivision. They reviewed the documents and recommended there be provisions included to "categorically control the height of all existing and proposed obstacles in the proposed development, including the height of buildings, antenna, towers, vegetation, etc. The control of height of obstacles is desirable to ensure Transport Canada standards are met for aircraft to have an obstacle free approach /take off, to /from the runaway at the Lake Simcoe Regional Airport." Planning staff will have to further investigate the specific height limitations to be incorporated into the future zoning By -law for the proposed plan of subdivision. The comments above were related to the original plan of subdivision however they also apply to the revised plan of subdivision. Formal comments regarding the revised plan of subdivision have not been received as of this date. Planning Staff will continue to have dialog with the representatives of the Lake Simcoe Regional Airport regarding this development. Lake Simcoe Region Conservation Authority Lake Simcoe Region Conservation Authority has commented that prior to final approval and any major site alterations, the following shall be prepared to the satisfaction of the LSRCA and township in accordance with Designated policies (DP) 4.8 and 4.9 of the Lake Simcoe Protection Plan: a) A detailed Storm water Management report. b) A Geotechnical Report for the proposed storm water pond. c) A landscaping plan for the proposed storm water pond. d) A detached Erosion and sedimentation Control Plan. e) A detailed Grading and Drainage Plan. LSRCA also requires that prior to final plan approval; a Restoration Plan detailing the means to rehabilitate the minimum vegetation protection zones from the key natural heritage features shall be prepared to the satisfaction of the LSRCA and the Township in accordance with 6.27 DP and 6.28 -DP of the Lake Simcoe Protection Plan. Designated policies 6.27 and 6.28 are related to new development within 120 metres of a key natural heritage feature providing for the establishment and maintenance of natural self sustaining vegetation in a buffer or vegetation protection zone. The owner shall agree in the Subdivision Agreement to carry out the recommendations, measures, and requirements contained within the plans, reports and studies as approved by the LSRCA in accordance with 4.10 -DP, 4.11 -DP and 4.20 -DP of the Lake Simcoe Protection Plan. Designated Policies (DP) 4.8, 4.9, 4.10 and 4.20 are related to Stormwater management and erosion and sediment controls. The Stormwater management Block (25) be dedicated and transferred to the Township of Oro Medonte. Also the Block 25 be zoned Environmental Protection (EP) Zone or similar zone category. The full comment letter from LSRCA is attached (Attachment #3) AECOM AECOM has reviewed the revised draft plan of subdivision and the addendum reports addressing Functional Servicing, Traffic, and Environmental Impact Study. The following is a review of the major comments concerning the development. DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -052 Page 4 of 22 Page 103 of 197 Some of AECOM comments with regard to the Addendum to the Functional Servicing Report (FSR) will necessitate some modifications to the draft Plan for Blocks for servicing and drainage. Blocks are required rather than easements, due to some legal issues and rights of usage for easements. A Block of minimum width of 7 metres is required along the south limit of lot 6, and the east and south limit of Lot 3 to provide a connection between street A and the south terminus of Street C. This Block will be required for storm drainage conveyance and for looping of the watermain system. A Block of a width to be determined is required at the location of the lotline of Lot 18 and 19, and the north limit of Lot 19 for the sanitary sewer connection from the cul -de -sac at Street D to the sewage treatment Plant. The Addendum to the Functional Servicing Report (FSR), based on the extensive modification to the draft Plan, the FSR should be revised again and submitted based solely on the revised Draft Plan and without references to the old FSR, which has a different plan layout. The FSR is to provide the conceptual servicing concept of the lands, to demonstrate the site is serviceable and that the proposed services are functional. In particular, the servicing includes the roadway design, general grading of site, storm drainage for site, sanitary servicing and water servicing. These aspects have all been identified in the addendum; however there is not the required level of detail provided to address in particular drainage and sanitary servicing. Water System review A communal water Supply Block has been shown as Block 24 within the Stormwater management pond Block 25. The original Functional Servicing Report indicated that the existing Lake Simcoe Regional Airport well could potentially service the development; however, there is no reference in the Addendum FSR regarding this servicing issue. The addendum refers in Section 4.0 to drilled wells to service the development; however the report goes on to indicate that "If Block 25 is not feasible each building lot would require it own supply well." The Township should have a clear understanding of what form of servicing is proposed instead of completely different options. Fire Protection would be addressed with the communal water system; however, if individual wells are utilized, then fire protection must be addressed. The complete AECOM comments are included as Attachment 4 for reference. As per the comments noted above and all of AECOM comments contained in their letter of October 6, 2010, the draft plan of subdivision will require further revisions and revisions are required the supporting technical reports. These revisions are required before draft conditions can be brought follow for Council's consideration. AECOM also had other comments regarding sanitary sewage servicing issues (refer to Attachment 4). ATTACHMENTS: Attachment 1: Location Map Attachment 2: Draft Subdivision Plan Attachment 3: LSRCA comments Attachment 4: AECOM comments CONCLUSION: 9k) Report No. DS2010 -052, Andria Leigh,... DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -052 Page 5 of 22 Page 104 of 197 9k) Report No. DS2010 -052, Andria Leigh,... Planning Staff have reviewed the revised draft plan of subdivision for Application 2008 SUB -02. Planning staff generally support the revised draft plan of subdivision however, the draft plan will require further revisions to address the water system servicing questions and issues and all of the other issues raised by AECOM. As noted, there will be further changes required of the draft plan of subdivision. Respectfully submitted: Reviewed by; Glenn White MCIP, RPP Andria Leigh, MCIP, RPP Manager of Planning Services Director of Development Services SMT Approval Comments: C.A.O. Approval Comments: DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -052. Page 6 of 11 Page 105 of 197 SUBJECT LANDS DEVELOPMENT SERVICES Report No. DS2010 -052: 2008 SUB -02 2008- ZBA -14 (Lake Simcoe Aeropark) ATTACHMENT 1: LOCATION MAP ti w w z L I 9k) Report No. DS2010 -052, Andria Leigh,... .4. 00 4 4 s i• •y+ 04'+0 r i iii iiO 4.. 6 14:1$4. O 44;4. •O ce• 0 :"..3:: 0 ..'i' 4 i...i 1 fir• HI L11-$1,11/Ay 11 October 13, 2010 Page 7 of 22 qv- Page 106 of 197 65 6] 55 S u WEST HALF STREET ATTACHMENT 2: ORIGINAL DRAFT SUBDIVISION PLAN 2008- SUB -02 2008- ZBA -14 (Lake Simcoe Aeropark) f I 1 was ft, DRAFT PLAN OF SUBDIVISION! OF PART OF LOTS 1B AND 19 CO OxIE AGRICULTURAL (A RU) COUNTY OF suc9c Rm HALF OF THE LOT or ors c swc :lieu WES STREET OF rHE STREET ALF OF 9k) Report No. DS2010 -052, Andria Leigh,... LOT 5618 59 16 5 69 fi 23 22 13 1- 10 MEET 52 13 19 Au I GLI 7URAL A -RUB 55 3 L zD I 35 3] 36 I 34 33 31 E 3O u z6 avna 1.91 DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -052_ Page 8 of 22 Page 107 of 197 /61. 4 801, abed t 4 ATTACHMENT 3: REVISED PLAN OF SUBDIVISION DEVELOPMENT SERVICES Report No. DS2010-052- q 1 2 I .1-. I t i t 1 -i 1 9 R4=.7.17442... a*, It WI In OM 1.2 rkre NUirelAt 1 .4 -6,---` .1" L. 1 i ..i k 1-2 1 i 4 t ....a 1 4. r PI I 1 di 1 I ..4 i pa t 1 i I i 71 .1 Ix...a .anaciii 1E I it?, I 1 I 1 7-1.1 r \R..% I t I gillit g surpown3 Pa ffl 1 Art) Isom* `Lppi eppuv `Zg0 '0N podoH (>16 gi; 111if r .14•ILIJ October 13, 2010 Page 9 of 22 September 20, 2010 ATTACHMENT No.4 LSRCA Comments Lake Simcoe Region Conservation Authority Andria Leigh, MCiP,RPP Director of Planning and Development Township of Oro Medonte 148 Line 7 South, P.O. Box 100 Oro, Ontario LOL 2X0 Dear Ms. Leigh: Subject: Draft Plan al Subdivision Application Your File: 2008 SUB -02 (Lake Simcoe Aeropark Inc.) Our File: P5DC455 Township of Oro- lviedonte_ County of Simcoe 9k) Report No. DS2010 -052, Andria Leigh,... Proud Wlnncr of the 2009 International Titirra Rteerprizi The Lake Simcoe Region Conservation Authority (LSRCA) has reviewed the above -noted draft plan of subdivision (dated September 2, 2010) in accordance with the associated technical reports related to environmental impact and storm water management. Based on these reports and their addenda, the LSRCA has no objection to the draft approval of this plan of subdivision subject to the following conditions: Standard Conditions 1 That prior to final plan approval and any major site alteration, the following shall be prepared to the satisfaction of the LSRCA and Township in accordance with Designated Policies (DP} 4.8 and 4.9 of the Lake Simcoe Protection Plan; a) A detailed Storm Water Management Report b) A Geotechnical Report for the proposed storm water pond c) A Landscaping Plan for the proposed storm water pond d) A detailed Erosion and Sedimentation Control Plan e) A detailed Grading and Drainage Plan 120 Barti icw Parkway. Bow 2.82. Newmarke•i, Galatia LtY 4X1 'rel. !1•5.897.12 81 1.800 46i 0.44 Fax; '1+75.873.5081 1:-Ata41 in(a@oiarca.on.ca .t,,,,lc WM'W.larla.on.ca A Writ t "8 I,P'j� J i l t_ a r r't DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -05Z Page 10 of 22 Page 109 of 197 ko Special Conditions 21X18 -SU13 -t12 (Lake Simcoe At ropark Inc,) September 20. 2010 Page 2 .(3 Lake Simcae Rvglon Con ervst.on Autharraty 9k) Report No. DS2010 -052, Andria Leigh,... ATTACHMENT No.4 LSRCA Comments 2 That the owner shall agree in the Subdivision Agreement to carry out or cause to be carried out the recommendations, measures, and requirements contained within the plans, reports, and studies as approved by the LSRCA in accordance with 4.10 -DP, 4,11 DP, and 4.20 -DP of the Lake Simcoe Protection Plan. 3 That the owner shall agree in the Subdivision Agreement to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports, and specifications as approved by the LSRCA. 4 That prior to any site alteration or grading, proper erosion and sediment control measures must be in place. All storm water management facilities (e.g, pond) must be in place prior to the creation of impervious surfaces such as roads and buildings. 5 That any easements required for storm water management purposes shall be granted to the Township of Oro Medonte. 6 That prior to any development within a regulated area, a permit under Ontario Regulation 179/06 shall be obtained from the L5RCA. 7 That prior to final plan approval, the owner agrees to pay all development fees to the LSRCA in accordance with the approved Fees Policy, under the powers of the Conservation Authorities Act. That prior to final plan approval, a species at risk assessment shall be prepared to fulfill the provisions of the Endongered Species Act. 9 That the storm water management Rlnrk ()s) he dedirated and transferred to the Township of Oro- IVIedonte. 10 That prior to final plan approval, the applicant shall rezone Block 25 to Environmental Protection (EP) or similar zone category through a successful zoning by -law amendment application. DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -05 Page 11 of 22 Page 110 of 197 take Simsae Raglan Canurwuan AWworhy 200$- SUB-002 L uke Simcoe Acmpark h September 20. 2010 Page 11 That prior to final plan approval, a Rettoration Plan detailing the means to rehabilitate the minimum vegetation protection zones from the key natural heritage features shall be prepared to the satisfaction of the LSRCA and Township in accordance with 6,27-DP and 6.28 -DP of the Lake Simcoe Protection Plan. 12 That the owner shall agree in the Subdivision Agreement to demarcate the minimum vegetation protection zones using fencing (e.g. cedar hedge, cedar rail) and signage along Lots 1 -3, 6, 7, and 14 -19. 13 That prior to final plan approval, the owner shall provide written confirmation from an aviation safety specialist illustrating the need to require a "dry" storm water management facility within Block 25. This Fetter of confirmation must cite appropriate provisions and regulations of the Aeronautics Act. Notes to Draft Approval ATTACHMENT No.4 LSRCA Comments The LSRCA will require the following prior to the !issuance of cr clearance !titter: 1. A copy of the executed subdivision agreement_ 2. A copy of the draft M -Pion. 3. A better from the developer's planning consultant detailing how each LSRCA condition of draft pion approval has been fulfilled to the satisfaction of the conservation authority. Please provide us with your Notice of Decision. Silcer 1 C Cho F, .g s', MCiP, RPP Seni rPlanrltn ordInator Copy: Township of Oro. Medonte, Glenn White, MOP, RPP MtFIBC Planning, Brian Goodreid, MOP, RPP LSRCA, Christine Deschamps, l'r1.ac.; Ian Walker DEVELOPMENT SERVICES 9k) Report No. DS2O1O -052, Andria Leigh,... October 13, 2010 Report No. DS2010 -05z Page 12 of 22 Page 111 of 197 A:COM October d, 201 1) Wt. trrigr5 Townthi p at Oro- Uedarrle Sox1)0 148 Lira 7 Sor,ih Oro CN t_QI- v"7t'C near Mrs Leigh: 1. Revised Drat, l ter Subdivision Comments ntts41xfl 43.4.Yf144 9k) Report No. DS2010 -052, Andria Leigh,... ATTACHMENT 5 AECOM Comments AtC4Md IU Chodley Sheet 9,511 ffl,Cavde LAN 1%/14 WAY aA'0111.101T 745 7 i 9222 111 TN 714 tT?el ram Project Mrs! 60154098 Regarding; Township vfOri Madonte Lake S irrcoa Industrial Auropark Revliacd Lirrytt Plan and Addendum to Functional ae'vicing Report for Phase 1A We have oomphetea our 2 subrrnaaian reviewed the Revised Draft Plan; Addax dum to the Funot anal Servicing Repot IFSRj; Planing Report; °raific impact Saucy AdrIenthwa; and Arden turn to Erwird,n'icnal mpact Study for the Lake Slmeoe industrial Aanpark— Phase 1AA, whin, wet ncccived on September 27, 2010, and we herein provde the following comments' 1.1_ The Revised °]raft Plan has been cornplexly modified hamthtt originel rkaft Plan submission. 1heori3lnal Ilraft Plan in hrateri the deveinproeri of the entire tolcinGs cf the Aoplcant, while ;he Revised rlrarl Plan by M H3+: Ptanrint is tor Phase 1A cnly at the southerly porion of the eppli:aant's lairds t 4)ir rnrnmenta rn this first submission D'afl Plan have been addressed In this new plan, with the serceptinn of Gcsrmment 1 _1 This cc nn ert sill sorties to th s flan stch that At 90 dogma r..hangrim in hnii7mtal aignma it the property line stall have an interral rad of 10 moth. The mod ry■nterli w Mira shard he 23 metres T?iis applies to the inside edge o the road a lowance at the with-east corner of lot 23. 1 1 S-Irrei rf our tnrnmenta with regard tc the Addendum tc the FSR win necessitate sDrr,e mnrt ficatihns tn'he Draft Pin for 31cdc;: for servicing arid drainage. Blom are reetiired rcther than easements, d °o some legal issues and rights of usal,le fsr easemenis_ These charges will require some adjustments to Eiork Numbers to ensure that fie 0_: r Reserves are listed last. DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -05 2 Page 13 of 22 Page 112 of 197 AECOM C {,y� &Lt=31P�W W15,0% 9k) Report No. DS2010 -052, Andria Leigh,... ATTACHMENT 5 AECOM Comments Paw ()Mbar a. Soto 1.4. A Block of minimum width of 7 metres is required along the south limit of It 8, and the east and south timk of lot 3 to provide a connection between Street A and the south terminus of Street C. This Block will be required for storm drainage conveyance and for looping of the watennain system. The Block includes an access platform for maintenance purposes as per Township Detell ISM -R11 and Ole R12. 1.6. A Brock of a width to be determined is requireo at the location of the lolline of toss 1 B and 19, and the north limit of lot 19 for the sanitary sewer connection from the cut -de -sac at Street Ct to the Sewage Treatment Plant (ST1 1. The Block includes an access platform for maintenance purposes as per Township Detail ©M -R12.The actual width of the Brock is b be confirmed after a more detaled sanitary sewer design is provided as part of the FSR. While not detailed in the Addendum to the FSR, we have reviewed the existing elevations on site, and determined a possible sanitary sewer gradient. The depth of the sanitary sewer from the intersection of Street A and U to the STP is in the order of 8 to 9 metres deep. The width of the Block must allow fur future maintenance and repair to this deep sewer by the Township. We would suggest that perhaps a 10 metre Brock be provided, with easements extending beyond into the adjacent Tots for maintenance purposes. 1.5, This aforementioned Block from Street D 10 the STP will provide a maintenance access otatform that can also serve es an emergency exit route from the oeveloprnent. 1.7. Update the dimensioning of kits and Blocke to ensure all are provided without duplcation_ Provide the frontage at lot 1, radii at south -east corner of lot 22, and frontage at lot 6, and remove duplication of frontage at lot 11. 1.8. We are generally in concurrence with the Revised Draft Plan concept with the aforementioned modifications included. 2. Al the Functional Servtcina Re art 2.1, This was presented as an Addendum to the FSR; however, based on the extensive modifications to the Draft Plan, the FSR should be submitted based solely on the revised Draft Pian and without references to the old FSR, which has a different plan layout- The Addendum has numerous references back to the original FSR; however. that Draft Plan is no longer the Draft Plan of reference. The Addendum, consisted of 3 pages of text, and FIG 2, 3, 4, 6 and 7. The Figures do not label Street D. 2.2. A Functional Servicing Report is provided to form the bests for the derailed servicing and grading designs of the development as the development proceeds. The FSR is to provide the conceptual servicing concept et the lands, to demonstrate the site Is serviceable and that the proposed services are functional. In particular, the servicing includes the roadway design, general grading of site, storm drainage for site. sanitary servicing and water servicing. These aspects have all been Identified in the Addendum; however, there is not the required level of detail provided to address in particular drainage and sanitary servicing. DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -052. Page 14 of 22 (44 Page 113 of 197 A, COM ATTACHMENT 5 AECOM Comments 2.3. Grading and Drainage Comments DEVELOPMENT SERVICES 9k) Report No. DS2010 -052, Andria Leigh,... Pekoe s OMotxr 9, 2010 2.3.1. FIG 7 Proposed Drainage Plan has a notation that "Overland sheet flow for EX2 Drainage Area to be conveyed around the perimeber of site," and indicates Swale symbols along the east and south limits of lands within the Natural Heritage Lands. Is swale construction allowed in this area? 2.3.2. FIG 6 Existing Drainage Plan shows the Drainage Boundary for the development. The Drainage Boundary line needs to be reviewed in particular at lots 10, 9, 6, 3 and 2. as the line crossing the cotrldurs on a diagonal. 2.3.3, FIG 4 Site Grading Plan provides simply contours at C.5 metre intervals and a symbol showing the Proposed Grade direction. This Plan should show proposed centerline of road elevations at the terminus 4f ins three cut-de-sacs, the 90 degree bend in the road and the two Internal intersections and the external intersection. The grade l;'etween these elevations Is also to be provided, along with kxtiona of ditches and proposed road culverts to substantiate the furntional design. Culvert sizing will be detailed at final design. 2.3.4. Section d•:0 of the Addendum indicates that "The proposed development will be graded in Such a way to minivntze earthworks and fit: import. This Is achieved by matching toe existing grades as much as possible. while still directing runoff towards the 5WM facility." On the attached red -1lned Plan of FIG 4. we have shown the existing grades at the key locations noted above. By doing so, it becomes dear that some of the proposed drainage patterns are incorrect. 2, 3.5 1"he south terminus or Street C Is approximately 2-2 metres lower than the Intersection ref Street C and B; yet Figure 4 indicates the drainage is from south to north. This can be rectified with a Block of a minimum Width of 7 metros along the south brit of lot and the east and south limit of lot 3 to provide a connection between Street A and the south ter minus of Street C. This Block will he required for this storm drainage conveyance and for looping etrf the watermaie eyetem as identified Inter in our comments. The Block includes an access platform for maintenance purposes as per Township Detail OM -R11 and QOM -R1 Block. 2.3.6_ The west terminus of Street D Is approximately 4, 9 metres tower than the to tton of Street A with Street 0 and 6; it Figure 4 indicates the drainage le from west to east Grading will be required to achieve this drainage pattern 2.3,3. These modifications will address the Grading and Drainage. with details for the SINN* pond and ether drainage issues dealt with du ring retailed design. 2.4. WaterSuaoly and E? retribution 2.4.1. A communal water Supply Block has been shown as Block 24 adjacent to the S M 1 pond Bkick 25. The origm.l F•SR indicated that the d tie g t.RSA well could potentially service the development; however, therm is no reference in the Addendum. The vaniitAirt ,G,O-IRN I t:aw October 13, 2010 Report No. DS2010 -05Z.. Page 15 of 22 Page 114 of 197 A`COM ATTACHMENT 5 AECOM Comments 9k) Report No. DS2010 -052, Andria Leigh,... P6fa 4 Oclobar k, 2010 Addendum refers In Section 4.0 to drifted wells to service tie development; however goes on to indicate that "If Block 25 is not feasible each budding lei would require Its o wn supply well," The Township should have a clear understanding of what form of servicing is proposed instead of completely different options, f ire Protection would be addressed with the communal Water system; however, if individual walla are utilized, then fire .protection must be addressed. 2.4.2. Section 3.0 of the Addendum indicates that "Treatment of water beyond the extraction q uatity would be required by each lot owner; however this concept is not acoeplable. The water must be treated at the sou and not on an individual basis, 2.4.3. The waterrnaln system must be completely looped. On the attached red•Bned Plan of FIG 3 for Waternaln Comments. we have shown f! suggeated concept that fulfills this requirement. The waterrtnain Loops through the Block required for storm drainage at loIs 3 and 6 and would be located below the maintenance access road. 2. 4.4. The location of water services should be identified on FI? 3 as per the red -tined Plan. 2.4.5. The hydrant spacing indicated on FIG 3 does not meet the Township requirement of 90 metres as per Section 16.9 of Township 1 ip Standards. This is tit) be updated. 2.4.6. Required values and possible extensions of watermain for future Phases can be dealt with at the detailed design stage. 2.4.7. Watermein Siting can be addressed at the detailed design statue. 2,5 Sanitary Sewage Seniltlno 2.5.1. Sanitary- sewer sizes can be dealt wall at the detailed design stage_ 2.5.2. The maximum spacing for sanitary manholes is 110 metre* se per Section 16.7 of Township Standards. The sewer runs al lots 7 and 23 cen be sholtenr:d as a servicing cost saving as per red -lined Plan. Manholes should then be properly located and labelled for ease of reference. 2,5.3. The Sewage Treatment Plant (ST PI b locK has been shown in the north-west corner of Phase 1A; since most of the land slopes from north to south, the sewers will be deep in the area of the SIP. 2.5.4. The minimum cover on sanitary sewers is 2.8, which results in depth to invert of sewer of 3.0 m assuming 200 nlrtitiewer_ On the attached red -tined Sanitary Comments Flan of FIG 3, we have reviewed the existing elevations on site and determined a possible sanitary sewer gradient. The depthh of the sanitary' sewer from the intersection of Street pk and 0 to the STP is in the order of 8 to 0 metres deep, as indicated on right side of page DEVELOPMENT SERVICES October 13, 2010 Report No. DS2010 -052._ Page 16 of 22 t4>cc Page 115 of 197 A:COM 3. Planning Report by fit MSG Planning 3 We have no comments with regard to this Planning Report_ 4. Traffic Impact Study Addendum 5. Addend um to Environrnentat Impact Study We have no aonCems with the development proceeding, one tha comments have been addressed. Should you have any questions regarding the above comments, please contact our office Sincerely, AECOM Ganada Ltd. AM SP:rs ee:GWile 2.5.5. The sanitary sewer between manholes SAN B and SAN 7 as per the red -rind Plan may require a local sewer at a higher elo+vation through the same twO MenhOlee in order to allow fora workable depth for sewer services to lots 18 and 21. 2.5.6. A Block of as width to be determined; is required at the location of the loll me OF t le 18 and 19, and the north limit of lot 1 9 for the sanitary sewer connection from the cul-de- sac el Street D to the Sewage Treatment Plant (STP1. The Block includes an access platform for maintenance purposes as per Township Detail QM Fi12.The actual width of the Bieck le to be confirmed after .a more detailed sanitary sewer concept design is provided AS part of the FSR. The width: of the Block must allow for future maintenance and repair to This deep sewer by ttte Township. We would suggest that perhaps a 10 metre Block tie provided, with easements extending beyond into the adjacent lots for maintenance purposes. 2.5.x7. The 2 paragraph of Section 2.D of the Addendum refers to options of a Small Bore Sewer technology to service the site OF the traditional gravity sewer with an ond-o treatment facility as shown on FIG The Township Mould have a clear ur1d'erstandlog of what form of servicing is proposed instead of Completely different options. 4.1. We have no Comments with regard to this updated Study. Traffic will have* be addressed if and when further cieeeioprnent takes place on the remaining applicant lands. 5 1 'Ne have no comments with regard to this Study. ees, C.E.T. Fargraharen Jaen Er.rJ. (s) .4 -v4-113 954 t@I KV, DEVELOPMENT SERVICES 9k) Report No. DS2010 -052, Andria Leigh,... ATTACHMENT 5 AECOM Comments Page o Oeouer V. 2010 October 13, 2010 Report No. DS2010 -05 Page 17 of 22 Page 116 of 197 DEVELOPMENT SERVICES Report No. DS2010 -052— ATTACHMENT 5 AECOM Comments Y A N V N 9k) Report No. DS2010 -052, Andria Leigh,... f "TOT W !I 1 41,- ,,1. CO CO r' <p ra 1 rvasiirl j 4• i N "T1 LUl P 0II,4•9:0I* October 13, 2010 Page 18 of 22 Page 117 of 197 (a m am -r z 0 v Nz CO N O m N cn 0 fl '0 0 Cr CD O W O N N N 0 MH'v 61. sue. 7 43, 4 Alt tvo4. it ic 1 81k. 28 wage Treotn en Merit 0.709 ha i 194 20 Bik. 25 Stcrrn 'eider Management Pond 1.885 ha Bik. 24 Water Supply 0.010 ha, 21 22 Adxiktional Lands Owned By A{gIkctat t9 3 w Aft J 15 40- 11 tt I 1 Z'3./ 1 a y— 1 7 Fleteng ri 77..r ;69 -ri .tau 2_ (.4 s� st 1.3 Vit..5 3.:5... 2tk, 1' Ur ran mon= Er ,de SW M i wa¢r snow, PIA+ I 1 o 2cy ATTACHMENT 5 AECOM Comments DEVELOPMENT SERVICES Report No. DS2010 -05Z— 9k) Report No. DS2010 -052, Andria Leigh,... October 13, 2010 Page 20 of 22 Page 119 of 197 20 0 N ATTACH 5 AECOM comments EW T soli sepot N o.OS2010 -057 de port r October 13 20 Page 22 of Report No. TES2010 -21 Meeting Date: October 13, 2010 It is recommended that: 1. THAT Report No. TES2010 -21 be received and adopted. 2. THAT the following quotation be awarded: TES2010 -09 TES2010 -09 REPORT Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 (Bass Lake Area) Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 (Bass Lake Area) To: COUNCIL Subject: TES2010 -09 Quotation for Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 Bass Lake Area Ron Burton $84.75 Sons per hour 91) Report No. TES2010 -21, Jerry Ball, D... Quotation Contract Results: Roll R.M.S. File RECOMMENDATION(S): Requires Action X I For Information Only CONTRACT DESCRIPTION CONTRACTOR 2010/2011 2011/2012 2012/2013 NO. Snowplowing_ Snowplowing Snowplowing_ Ron Burton $71.19 $71.19 Sons per hour per hour Proud Heritage, Exciting Future Prepared By: Jerry Ball Motion $71.19 per hour CONTRACT DESCRIPTION CONTRACTOR 2010/2011 2011/2012 2012/2013 NO. Sanding Sanding Sanding $84.75 per hour $84.75 per hour Transportation and Environmental Services October 13, 2010 Report No. TES2010 -21 Page 1 of 4 Page 122 of 197 CONTRACT DESCRIPTION CONTRACTOR 2010/2011 2011/2012 2012/2013 NO. Tractor/ Tractor/ Tractor/ Blower Blower Blower TES2010 -09 Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 (Bass Lake Area) *(Taxes included in above price)* 3. AND THAT the respective Contractor(s) is notified accordingly. BACKGROUND: The following Quotation Contract was presented to four contractors by way of phone call on September 22, 2010. The Director of Transportation and Environmental Services, and the Committee Coordinator were present during the opening on September 29, 2010: Contract No. TES2010 -09 ANALYSIS: Ron Burton $79.10 Sons per hour Quotation for Snow Plowing and Sanding (Bass Lake Area) for the winter seasons of 2010 -2011, 2011- 2012 and 2012 -2013. Upon receipt of 2 completed Quotation Contracts, the results of the quotation contract opening for Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013, for the Bass Lake Area, are as follows: CONTRACT DESCRIPTION CONTRACTOR 2010/2011 2011/2012 2012/2013 NO. Snowplowing Snowplowing Snowplowing TES2010 -09 TES2010 -09 Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 (Bass Lake Area) Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 (Bass Lake Area) Ron Burton $71.19 $71.19 Sons per hour per hour CONTRACT DESCRIPTION CONTRACTOR 2010/2011 2011/2012 2012/2013 NO. Snowplowing Snowplowing Snowplowing Allan Johnson 91) Report No. TES2010 -21, Jerry Ball, D... $120.00 per hour $79.10 per hour $120.00 per hour $79.10 per hour $71.19 per hour $125.00 per hour Transportation and Environmental Services October 13, 2010 Report No. TES2010 -21 Page 2 of 4 Page 123 of 197 CONTRACT NO. DESCRIPTION CONTRACTOR 2010/2011 Sanding 2011/2012 Sanding 2012/2013 Sanding TES2010 -09 Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 (Bass Lake Area) CONTRACT NO. DESCRIPTION CONTRACTOR 2010/2011 Sanding 2011/2012 Sanding 2012/2013 Sanding TES2010 -09 TES201 0 TES2010 -09 Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 (Bass Lake Area) Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 (Bass Lake Area) Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 (Bass Lake Area) *(Taxes included in above prices)* Ron Burton $84.75 Sons per hour Allan Johnson Allan Johnson 91) Report No. TES2010 -21, Jerry Ball, D... $150.00 per hour $84.75 per hour $155.00 per hour $84.75 per hour $160.00 per hour CONTRACT NO. DESCRIPTION CONTRACTOR 2010/2011 Tractor/ Blower 2011/2012 Tractor/ Blower 2012/2013 Tractor/ Blower Ron Burton $79.10 Sons per hour N/A $79.10 per hour $79.10 per hour CONTRACT NO. DESCRIPTION CONTRACTOR 2010/2011 Tractor/ Blower 2011/2012 Tractor/ Blower 2012/2013 Tractor/ Blower N/A N/A It is recommended that the quotation contract from Ron Burton and Sons be accepted at a low tender amount of $71.19 per hour for Snowplowing for each winter season, $84.75 per hour for Sanding for each winter season, and $79.10 per hour for operating time for Tractor /Blower for each winter season. Transportation and Environmental Services October 13, 2010 Report No. TES2010 -21 Page 3 of 4 Page 124 of 197 FINANCIAL: POLICIES /LEGISLATION: CONSULTATIONS: ATTACHMENTS: CONCLUSION: Respectfully submitted: Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services 91) Report No. TES2010 -21, Jerry Ball, D... SMT Approval Comments: C.A.O. Approval Comments: Transportation and Environmental Services October 13, 2010 Report No. TES2010 -21 Page 4 of 4 Page 125 of 197 To: Mayor and Members of Council cc: Robin Dunn, CAO From: Jerry Ball Date: October 8, 2010 Roll Subject: Designated Hauling Routes on Local Area Roads Jerry MEMORANDUM 9m) Memorandum dated October 8, 2010, Je... R.M. File Proud Heritage, Exciting Future Since the reconstruction and paving of both Highway 11 and the Ridge Road, Council has received numerous calls from residences, with the concern of gravel trucks using newly paved roads as a hauling route. Staff has visited the local pits to inform the pit operators of the existing hauling routes, and requested that these routes be enforced by all truck operators. This has reduced the truck traffic on area roads, however there are still independent truck operators that will take a short route, to the job site, rather than use the designated hauling routes. Staff will review all pits within the Municipality, and the existing hauling routes, that provide access to local highways and county roads for product delivery. Once that information is obtained they will prepare a report, listing all the pits, and provide recommendations for Councils' consideration on ways to utilize existing hauling routes, and stop truck traffic from using local roads to gain access to highways and county roads. Page 126 of 197 11a) Minutes of Oro Medonte History Asso... June 21, 2010 Minutes Oro Medonte History Association Attendance: Bruce Wiggins, Allan Howard, Jadeen Henderson, Geoffrey Booth, Sheila Kirkland, and Sandy Agnew Minutes of May meeting moved by Bruce and seconded by Jadeen to accept as circulated. Passed. Old Business 1. Carley Hall —Bruce will contact Mr. Johnston for history of hall 2. Oro African Church summer schedule: July 31 and August 21 Allan will open, August 14 Jadeen will open, Heritage Day we will not open the church. 3. Books —Gary French has given us a 40% discount and we will sell the book for $45 with our cost being $27. We have ordered ten and Bruce will submit the bill to Shawn Binns for payment. 4. Heritage Day update: car rally has been added and will have lunch at Rugby Hall; tractor rally will go south and lunch is at Luck's again this year. Costing not finalized yet. 5. Log cabin: Allan waiting for owner to reply to his email. New Business 1. Rail Trail update: Tim Crawford will assist for the Oro Station and Hawkestone area and will work with Joanna McEwen and Paul Marshall. 2. Awards ceremony report from Geoff who attended with Julianne. The award is the B. Napier Simpson Jr. Award of Merit to the Oro Medonte History Association for special contributions to heritage conservation in its municipality. June 12, 2010. Picture sent to North Simcoe News; Orillia Today; Packet Times; Simcoe County Historical Society "News Views Crown Hill Women's Institute nominated us. 3. Bruce has two early DVD format movies of Orillia history and one of Barrie. 4. Bruce attended the heavy equipment show at Midhurst and it was a successful day event. Correspondence Christine Woods asking about history of house on corner at Shanty Bay directed to Simcoe County Archives Inquiry re: property at 648 directed to search at the land registry office Cahiague historic plaque: Geoff will contact Jamie Hunter to see if this is a provincial plaque Email from Sheila re: AVIVA Community Fund for potential fundraising opportunity Next meeting September 20, 2010 at 6 pm. at the Northway Restaurant. Meeting adjourned at 7:20pm Respectfully submitted, Sheila Kirkland, secretary Page 127 of 197 Dear Mayor Hughes: I look forward to your response. Your .&truly John Britten President Orillia District Snowmobile Club 12a) Correspondence dated September 28, Orillia District Snowmobile Club Box 582, Orillia, Ontario L3V 6K5 fr a tl September 28, 2010 i l3 LLL•u+a��� Mayor Hughes and Council OCT ti b 1010 Township of Oro Medonte vi.: :a.' Box 100, Oro, Ontario LOL 2X0 In 2008 Council and the Orillia District Snowmobile Club signed a two year agreement. The Club now requests a new agreement with the Township. We request permission to use: 1. The Rail Trail from Line 5 to Woodland Drive 2. Line 5 North from Bass Lake Side Road to Horseshoe Valley Road 3. Line 5 North approximately 100 meters south of the Railway Line to the top of the hill on Line 5 4. Line 5 approximately lkm. north of Horseshoe Valley Road for lkm. 5. Line 6 North of Bass Lake Side Road approximately 1.5 km to the south side of Sugarbush. 6. Line 11 North from the Old Barrie Road to Bass Lake Side Road 7. Line 9 North of Bass Lake Side Road to the bottom of hill at Gold Mountain Springs, approximately 1.5km. 8. Line 6 North from Mount St. Louis Road, approximately 650 meters to the top of the hill Enclosed you will fmd a Memorandum of Understanding with the Federation of Snowmobile Clubs for you to sign. A certificate of insurance naming the township as insured will follow after Nov 1, 2010, once the new policy is in effect. Page 128 of 197 On this lot or other ONTARIO FEDERATION OF SNOWMOBILE CLUBS 106 Saunders Road, Unit 12, Barrie, Ontario L4N 9A8 Tel: 705 -739 -7669 Fax: 705- 739 -5005 day of County/District/Region of do hereby give the undersigned named local snowmobile club, as a member in good standing of the Ontario Federation of Snowmobile Clubs, hereinafter referred to as the OFSC, permission to legally enter, establish, groom, maintain, sign and use that portion of the premises herein designated by me for the exclusive purpose of allowing individual trail permit members of the OFSC to use said designated premises for snowmobiling under the following terms and conditions: 1. The local snowmobile club shall at all times remain a member in good standing of the OFSC and be able to verify this to the owner /occupier with a current OFSC membership card or this agreement shall be immediately null and void. 2. By remaining a member in good standing of the OFSC, the local snowmobile club shall be party to the OFSC's third party liability insurance. This coverage is confirmed to the undersigned owner /occupier by signing this memorandum of understanding on the condition no fee has been charged by the owner /occupier for the use of designated premises. The insurance shall have adequate limits to cover land uses specified herein by the local snowmobile club and OFSC individual trail permit members on the designated premises, save and except the negligence of the owner /occupier. 3. The designated premises shall be sketched on a separate sheet of paper or shown on an attached map and a copy of each/both shall be initialed by both parties hereto and attached to each copy of this agreement. 4. It is understood that the local snowmobile club, with the owner /occupier's verbal consent on each occasion, shall have access to the designated premises prior to and after the winter months for the purpose of opening and closing, upgrading and maintaining the trail when there is no snow cover. 5. The local snowmobile club shall maintain that portion of the designated premises to be used by individual snowmobile trail permit members in reasonably good condition for snowmobiling purposes only; and undertake to post appropriate signage; remove on an annual basis any litter caused by individual trail permit members; and repair or replace property damaged by individual trail permit members on that portion of the designated property used for snowmobiling. 6. Each party hereto shall give the other sixty (60) days prior written notice to the address below of any changes to, or cancellation of this agreement. 7. The local Snowmobile Club, its wardens and executive are hereby authorized to be the undersigned owner /occupier's agent(s) to supervise and enforce the uses defined hereunder with respect to the designated premises in accordance with the Trespass to Property Act R.S.O. 1990, C.T. 21; the Motorized Snow Vehicles Act R.S.O. 1990, C.M.44; and the Occupiers Liability Act R.S.O. 1990, C.O.I. NAME ADDRESS PHONE SIGNATURE LANDOWNER/OCCUPIER AZ ITT Si's( 12a) Correspondence dated September 28, OFSC SNOWMOBILE TRAIL LAND USE PERMISSION MEMORANDUM OF UNDERSTANDING (PLEASE PRESS HARD AND PRINT OR TYPE) year I, the undersigned, owner /occupier of the premises that is concession in the Township of NAME ADDRESS PHONE LOCAL SNOWMOBILE CLUB 04Z 11-1. oar IS T4LL.`t' bNt rS a i° 1 LL.t A L3 b esd SIGNATURE LOCAL SNOWMO ILE CLUB CONTACT PERSON NAME PHONE: OFSC DISTRICT GOVERNOR NAME PHONE 1S a Ll MA 0 X White copy owner /occupier yellow copy club pink copy OFSC office Form date: 07/2000 Page 129 of 197 Telephone Fax Email Gaviller Company LLP CHARTERED ACCOUNTANTS- 705/445 -2020 705/444 -5833 sbragg @gaviller.ca bcerswel I @gaviller. ca Township of Oro Medonte 148 Line 7 S., Box 100 Oro, Ontario LOL 2X0 Attention: Harry Hughes, Mayor Dear Mayor Hughes: Re: 2009 Year End Audit Vacation and interest accruals Management comments: Tangible Capital Assets (TCA) 12b) Correspondence dated September 29, 115 Hurontario Street 3rd Floor, P.O. Box 130 Collingwood, Ontario L9Y 3Z4 September 29, 2010 Please Mark Your Reply For The Attention Of S. E. Bragg, B.B.A., CA or B. Cerswell, CA OCT 0 1 2016 ORQ- Ni EDONTw We recently completed the audit of The Township of Oro Medonte for the year ended December 31, 2009. The objective of an audit is to obtain reasonable assurance as to whether the financial statements are free of material misstatement, and it is not designed to identify matters that may be of interest to management in discharging its responsibilities. Accordingly, an audit would not necessarily identify all such matters. We identified the following matters, which may be of interest to Council and management: During testing it was discovered that interest on long -term debt along with the two week portion of the vacation accrual were not accounted for. These items should be accounted for as they represent obligations of the Township. While year over year they do not have a material impact on the results, total liabilities as shown on the balance sheet are understated by approximately $100,000. We recommend accruing these items in the future to ensure that the financial statements are more complete and accurate. A similar approach as was taken with the payroll accrual could be implemented whereby it is recognized over the span of a few years, so that the impact on the annual surplus is not so significant. Interest on long -term debt will be accrued commencing in 2010. The municipality has adopted a policy of accruing any vacation exceeding two weeks. Vacation under two weeks is likely to be taken by employee as time off and therefore only impact will be a reduction in productive hours in future. During testing we noted that the useful lives used throughout the TCA project were not specifically noted in the TCA policy; and therefore, were not approved by Council. It is important to keep Council apprised of changes and additions to the original TCA policy. Owen Sound Collingwood Walkerton Meaford Page 130 of 197 <K). 12b) Correspondence dated September 29, -2- We recommend revising the TCA policy to include the specific useful lives and present it to Council for approval. Management comments: Useful lives of tangible capital assets have been determined by management based on knowledge of operations and comparison to useful life utilized by other municipalities. If Council determines useful lives of tangible capital assets should be articulated in TCA policy, management will revise policy accordingly. This communication is prepared solely for the information of Council and management and is not intended for any other purpose. We accept no responsibility to a third party who uses this communication. We would like to take this opportunity to thank Paul Gravelle and all of the treasury staff for their assistance and complete co- operation during our audit. Please feel free to call with any comments or questions at your convenience. SEB /bc cc: Robin Dunn, CAO cc: Paul Gravelle, Treasurer Yours very truly GAVILLER COMPANY LLP Page 131 of 197 October 6, 2010 12c) Correspondence dated October 6, 201... Township of Oro- Medonte R ECEIVED Box 100, Orr 6 1070 148 Line 7 S ORO_MEOUivTE Oro, ON, LOL 2X0 TOWNSHIP Attn: Mr. Doug Irwin Clerk/Director of Corporate Services. Mr. Irwin: Please consider this as our request of application for interest in purchasing an end section of road allowance known as McKay Street. This end of the road piece of property is adjacent to the back of our residence at 1189 Line 15n, and measures approximately 28' x 67'. We would appreciate you presenting this request on our behalf at your earliest convenience. Enclosed is our cheque in the amount of $250.00 to cover the administration fee. If you require further information we can be reached by telephone at or by email at Thank you. Stewart Eleanor Bloom 1189 Line 15 N Oro Orillia, Ontario L3V 6H2 Page 132 of 197 0 bi)►. YI' .o.a 180.0' 1460 11 8 meeltl 901' P-1 a vet) r z kn Plop of 3urwy uc by 083 dated June 14, 1981. 1\7 a 089.FIle A-1'49) 10 If C71 u ;r (4 0.00' ow 11ig LINK flK 0 r 1 sr b1'(m ®•i 67 90'f0.1J C• ip ro !Ora faVo Rets000f W /oa rrnr.t J o m Nn t✓ is MHA EMT N b RMOarii o 11r 1/ art SAO* 7 (..11 —I iJ 0 cn C) Pane =t z w 0 wm a' 3 (so 6? iO'(D -1 a mews N.11.349'W t P 1 w to N Lt..7 5/, RP. 9/0 a S T. 32 017 2 p� 12.80' 1P-I S eel) 1300. 38 t Intros 12211.30' woe) '2E169' f °-1 J 2 In .i 4 W 15 09' I'14f• J Bass Lake 12c) Correspondence dated October 6, 201... Meters 50 100 200 DEVITfi STREET i BARR AVENUE 1 MI Subject Property 1189 Line 15 North Page 134 of 197 15a) A By -law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -168 A By -law to Authorize the Execution of An Agreement Between The Corporation of the Township of Oro Medonte and Charles Thomas Manley and Sheila Mary Manley WHEREAS Council of the Township of Oro Medonte did on the 19 day of May 1999, enact By -law No. 99 -50, Being a By -law to provide policy for encroachments on road allowances and municipally owned property; AND WHEREAS Council of the Township of Oro Medonte did enact By -law No. 2004- 119, as amended, being a By -law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro Medonte; AND WHEREAS the Township, pursuant to By -law No. 99 -50, has granted permission to maintain the said Encroachment(s) upon the condition of entering into an Encroachment and License Agreement; AND WHEREAS the Municipal Act, 2001,S.O. 2001, c.25, Section 224, 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 desirable to enter into an Encroachment and License Agreement with Charles Thomas Manley and Sheila Mary Manley; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By -Law. 2. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13 DAY OF OCTOBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 135 of 197 BETWEEN: 15a) A By -law to Authorize the Execution... ENCROACHMENT AND LICENSE AGREEMENT made this day of October, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (the "Township and CHARLES THOMAS MANLEY and SHEILA MARY MANLEY (the "Owner OF THE FIRST PART OF THE SECOND PART WHEREAS the Owner is the owner of certain lands and premises situated in the Township of Oro Medonte, which lands are more particularly described in Schedule "A" attached hereto (the "Owner's Lands AND WHEREAS the Township is the owner of the Road Allowance shown as Lakeshore Promenade in accordance with Registered Plan 626, in the Township of Oro Medonte (the "Township's Lands AND WHEREAS the Owner maintains encroachments on the Township's Lands to the extent described in Schedule "B" attached hereto (hereinafter collectively referred to as "the Encroachment(s)"); AND WHEREAS as Council has exercised its option to close a Part of the Road Allowance to vehicular traffic, and has passed By -law #2004 -119, as amended) being a By -law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro Medonte with respect to the lands upon which the said Encroachment(s) is located; AND WHEREAS the Township, pursuant to By -law No. 99 -50, being a By -law to Provide Policy for Encroachments on Road Allowances and Municipally Owned Property, has granted to the Owner permission to maintain the said Encroachment(s) upon the condition that the Owner enters into this Agreement, which the Owner has agreed to do; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises, and of the covenants and agreements hereinafter contained on the part of the Owner to be observed, fulfilled and performed, the Township hereby grants to the Owner permission to maintain the said Encroachment(s) automatically terminating at the earlier of: (i) the date of removal of the Encroachment(s) from the Township's Lands; or (ii) the sale or transfer of the Owner's Lands; or (iii) five (5) years from the date of execution of this Agreement. 1. In the event the Owner wishes to renew this Agreement upon the expiry of the five (5) year term herein granted, the Owner may, provided he is not in default of his obligations hereunder and upon sixty (60) days prior written notice to the Township, apply to renew same, taking all necessary steps and paying all appropriate fees in effect at the time to do so. Such Application shall be considered in accordance with the Township's policies and practices in place at that time. Page 136 of 197 15a) A By -law to Authorize the Execution... Upon the sale or transfer of the Owner's Lands, the Owner shall forthwith notify the Township in writing thereof and shall provide the Township with the name and address of such Transferee or Purchaser who shall be required to enter into a new Agreement with the Township (and which Agreement shall be in like form and content as herein) and pay all appropriate fees as are required by the Township in entering into such replacement Agreement. In the event the Transferee or Purchaser fails to enter into a replacement Agreement with the Township, the Encroachment(s) shall forthwith be removed by the Owner at his sole expense; and failing which the Township may do so, and the Owner and Purchaser or Transferee shall be jointly and severally liable to the Township for the cost of demolition or removal. In no case shall this Agreement be assignable by the Owner. 2. During the term of this Agreement, all open air structures located on the Township's Lands remain subject to the public's right of access. IN CONSIDERATION OF the granting by the Township of such permission, the Owner hereby covenants and agrees with the Township as follows: 1. The Owner agrees to pay to the Township an annual fee as stipulated in the Township's current Fees and Charges Bylaw for Encroachment Agreements. The annual fee will be payable no later than the 1 day of May in each year, and may be added to the tax roll for the Owner's Lands, if required, by the Township. 2. The Owner shall, forthwith upon execution of this Agreement, provide the Township with an independent Engineer's report as to the structural integrity of the encroaching structure(s) to the satisfaction of the Township's Chief Building Official. Such report shall include clear photographic evidence of the Encroachment(s) identified thereon. 3. The Owner will at its own expense and to the satisfaction of the Township's Chief Building Official, keep and maintain the said Encroachment(s) in good and proper state of repair and will not make any related modifications to the Encroachment(s), without first obtaining the consent of the Township, which consent may be arbitrarily withheld. Should the Owner fail or neglect in maintaining the Encroachment(s) in a good and safe state of repair to the satisfaction of the Township's Chief Building Official, on thirty (30) days prior written notice to the Owner, the Owner will, at its own expense, notwithstanding any other provision in this Agreement, remove the said Encroachment(s) from the Township's Lands, without being entitled to any compensation whatsoever for such removal and the permission given herein for the maintenance of the Encroachment(s) shall be revoked and shall be deemed at an end. If the Encroachment(s) are not removed by the Owner as aforesaid, the Township may do so, and the cost of demolition and removal shall be at the sole expense of the Owner. 4. Nothing herein contained shall be construed as giving to the Owner anything more than permission to maintain the said Encroachment(s) until such time as the removal of such Encroachment(s) from the Township Lands. The Owner agrees that under no circumstances shall additional Encroachment(s) be constructed or placed on the Township's Lands. 5. The Owner hereby releases, waives and forever discharges the Township and its respective agents, officials, servants, contractors, representatives, elected and appointed officials, successors and assigns, of and from all claims, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damage to the person or any property of the Owner howsoever caused, arising or to arise by reason of the permission granted pursuant to this Agreement. Page 137 of 197 15a) A By -law to Authorize the Execution... 6. Notwithstanding any consent or approval given by the Township with respect to any plans, specifications or other construction related matters, the Township will not be in any way liable for the design or construction of any structure, and the party that has obtained the consent or approval of the Township shall be wholly liable for such design and construction. 7. The Owner shall facilitate the construction of any and all utilities over or under the said Encroachment(s), as may be required from time to time. The parties acknowledge and agree that the permission granted in this Agreement does not in any way whatsoever diminish the rights of the Township, or any gas, telephone, telegraph, electric light or other public utility company, their respective officers, servants, workers, employees, agents, and contractors, to enter at all times upon the Encroachment(s) for the purpose of constructing, repairing, maintaining, replacing or removing any sewers, mains, culverts, drains, water pipes, gas pipes, poles, wires or other services and installations and appurtenances thereto. The Owner shall not be entitled to any damages or compensation as a result of the reasonable exercise of the Township's or utility company's rights contained in this paragraph. 8. The Owner will from time to time and at all times hereafter will and truly save, defend and keep harmless and fully indemnify the Township, its officers, directors, servants, workers, employees, agents, and contractors, and any other corporations, boards, commissions or bodies having utilities or services which may in any manner be affected by the having utilities or services which may in any manner be affected by the erection or maintenance of the said Encroachment(s) and their respective officers, directors, servants, workers, employees, agents, and contractors, from and against all actions, suits, claims and demands whatsoever which may be brought against or made upon any or all of them and from and against all loss, costs, charges, damages and expenses whatsoever which may be sustained, incurred or paid by any or all of them, regardless of whether or not they be parties hereto, for or by reason of or on account of the granting by the Township to the Owner of the permission hereby granted and /or the exercise by the Owner of such permission and /or the erection and maintenance of the said Encroachment(s) and appurtenances thereto and /or anything in any manner relating thereto should any such action, suit, claim or demand be brought against or made upon the Township, or any of its officers, servants, workers or employees, the Township may, upon written notice to the Owner, and if not forbidden by the Owner within fourteen days thereafter, if the Township shall see fit, compromise any such actions, suits, claims or demands on such terms as the Township shall see fit, and the Owner shall thereupon forthwith pay to the Township the sum or sums to be paid together with such sum as shall represent the reasonable costs of the Township or its Solicitor in defending or settling any such actions, suits, claims or demands, but if the Owner forbids such compromise within the said period, or if no such compromise be effected, then the Owner may be made a party to such actions, suits, claims or demands and will in every case fully indemnify the Township, its respective officers, servants, workers or employees. 9. The construction, installation, occupation, operation and maintenance of the Encroachment(s) shall comply with all applicable statutes, by -laws and regulations including, but not limited to, the issuance of a building permit(s). 10. The Owner shall obtain and maintain public liability (personal injury and property damage) insurance covering the maintenance of the Encroachment(s) in the amount of at least Two Million Dollars ($2,000,000.00), naming the Township of Oro Medonte as additional named insured. The Owner will provide evidence of such insurance annually, to the Township no later than the 1 day of May in each year, naming the Township as an additional named insured. In the event the Owner's insurer is unable or unwilling to add the Township as an additional named insured to the Owner's policy, the Township agrees to add the Owner as an additional insured to its public liability policy, and any incurred premium, surcharge or administration fee occasioned thereby shall be the responsibility of and paid by the Owner in addition to those fees set out in paragraph 1. Page 138 of 197 11. In addition, all such sums and costs so paid, sustained or incurred by the Township, as aforesaid, and all such annual fees, or further or other fees to be paid by the Owner as set out herein, shall form and constitute a charge or lien on the Owner's Lands until fully discharged by payment thereof and may be collected in a like mariner as taxes. 12. The Township, its officers, servants, workers, employees, agents and contractors under its control or supervision shall have the right from time to time and at all reasonable times during the currency of this Agreement, to enter in and upon the said lands or any part thereof, with all necessary workers, plant, equipment and material for the purpose of inspecting the said Encroachment(s) provided that such inspection shall not free or relieve the Owner in any way whatsoever from the liability under the covenant hereinbefore set forth to keep and maintain the said Encroachment(s) in good and proper repair and condition. 13. (a) All notices, consents, approvals or other communications permitted or required to be given under this Agreement (collectively "Notices shall be in writing, shall not be unreasonably withheld or delayed unless otherwise specifically provided for in this Agreement, and shall be: personally delivered; sent by prepaid registered mail (except during a postal disruption or threatened postal disruption), or; sent by facsimile, in each case to the applicable address set out below: (1) in the case of the Township: 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Attention: Clerk (ii) in the case of the Owner: Charles Thomas, Sheila Mary Manley 36 Myrtle Avenue, RR #2 Hawkestone, ON LOL 1T0 15a) A By -law to Authorize the Execution... (b) Any Notice shall be deemed to have been validly and effectively given and received: if personally delivered, on the date of delivery; if sent by prepaid registered mail, on the third (3 business day next following the date of mailing, provided, however, that during any postal disruption or threatened postal disruption, delivery shall be in person; and if sent by facsimile, on the business day next following the day on which it was sent. (c) Either party under this Agreement may from time to time by Notice to the other party change its address for service under this Agreement. 14. Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Township of all of its rights and obligations as a municipality (whether discretionary or mandatory), or imposes any obligations on the Township in its role as a municipality, and the Township shall not be prevented from or prejudiced in carrying out its statutory rights and responsibilities, including its planning rights and responsibilities. Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Township's officers, employees, agents, representatives or elected and appointed officials of all of their rights, or imposes any obligations on the Township's officers, employees, agents, representatives or elected and appointed officials, other than as expressly set out in this Agreement. 15. This Agreement may be registered on title to the Owner's Lands and the cost of preparation as stipulated in the Township's current Fees and Charges By -law as the application fee for encroachment agreements, and registration of the same shall be borne by the Owner. Page 139 of 197 15a) A By -law to Authorize the Execution... 16. This Agreement is not assignable by the Owner and shall not enure to the benefit of the successor and assigns of the Owner. IN WITNESS WHEREOF the Township has caused to be affixed its corporate seal under the signatures of its duly authorized officers. EXECUTED at EXECUTED at Witness this day of THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Per: Name: H.S. Hughes Title: Mayor Per: Name: J. Douglas Irwin Title: Director of Corporate Services /Clerk I /We have authority to bind the Corporation. IN WITNESS WHEREOF the Owner hereto has hereunto affixed its hand. this day of Charles Thomas Manley Witness Sheila Mary Manley Page 140 of 197 SCHEDULE "A" Owner's Lands Lt 63 PI 626 Oro; Oro Medonte, 58561 -0152 (LT), Municipally known as 36 Myrtle Avenue. 15a) A By -law to Authorize the Execution... 36 MYRTLE AVENUE LAKE SIMCOE 10 20 40 60 00 leters Page 141 of 197 15a) A By -law to Authorize the Execution... SCHEDULE "B" Existing Encroachments as approved by Township of Oro Medonte Chief Building Official 1. Wood Stairs 2. Wood Deck All as shown on Compiled Plan of Plan of Survey 51 R -35604 designated as Part 11 thereon. Page 142 of 197 15b) A By -law to Repeal By -law 2010 -160 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -169 A By -law to Repeal By -law 2010 -160 and to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and 2008628 Ontario Ltd. described as lands as follows: Part Lot 3, Concession 7, Oro, Parts 1, 2 3 Plan 51R31839 S/T Row Over Part 2 Plan 51R31839 as in LT524692 Roll 4346 010 003 -28401 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; AND WHEREAS Council of the Township of Oro Medonte did on the 8 day of September 2010, enact By -Law No. 2010 -160, A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and 850892 Ontario Limited; 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 By -law No. 2010 -160 be repealed in its entirety 5. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13 DAY OF OCTOBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 143 of 197 By -Law No. 2010- 15b) A By -law to Repeal By -law 2010 -160 APPENDIX "A" SITE PLAN AGREEMENT between 2008628 Ontario Ltd and THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Part Lot 3, Concession 7, Oro, Parts 1, 2 3 Plan 51R31839 S/T Row Over Part 2 Plan 51R31839 as in LT524692 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE Page 144 of 197 Schedule "A" Schedule "B" Schedule "C" Schedule "D" 15b) A By -law to Repeal By -law 2010 -160 THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction 2 Page 145 of 197 This Agreement made, in triplicate, this 8 day of September 2010, in accordance with Section 41 of the Plannina Act. BETWEEN: SITE PLAN CONTROL AGREEMENT 2008628 Ontario Ltd Hereinafter called the "Owner" 15b) A By -law to Repeal By -law 2010 -160 3 PARTY OF THE FIRST PART -and THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro Medonte to permit the construction of a model home 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: Page 146 of 197 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: 15b) A By law to Repeal By law 2010 160 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 1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the construction of a model home as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 4 Page 147 of 197 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) Parkina 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 Storaae No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B e) Garbaae Storaae 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. Garbaae 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. g) Landscaoina 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. i) Tree Removal 15b) A By -law to Repeal By -law 2010 -160 Identification and protection of approximately 50% of all over storey trees to promote screening and retention of wildlife /habitat /corridor values. Within this area, no clear cutting of trees will be permitted, although thinning of dense, young tree growth and stems less than 4.0 c.m. diameter at breast height, as well as trees of poor health and quality will be permitted; 5 Page 148 of 197 4. DEVELOPMENT CHANGES 15b) A By -law to Repeal By -law 2010 -160 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 altemative 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 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 6 Page 149 of 197 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 SIGNED, SEALED AND DELIVERED 15b) A By -law to Repeal By -law 2010 -160 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. 7 Owner: 2008628 Ontario Ltd Gabriel Grossi The Corporation of the Township of Oro Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 150 of 197 LEGAL DESCRIPTION OF LANDS 15b) A By -law to Repeal By -law 2010 -160 SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and 2008628 Ontario Ltd. Part Lot 3, Concession 7, Oro, Parts 1, 2 3 Plan 51R31839 S/T Row Over Part 2 Plan 51R31839 as in LT524692 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE 8 Page 151 of 197 NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and 2008628 Ontario Ltd. SITE PLAN 15b) A By -law to Repeal By -law 2010 -160 SCHEDULE "B" Site Plan Drawing: Diamond Valley Estates Lot 2, Prepared by Valdor Engineering Inc dated July 29, 2010. Site Plan is not in a registerable form and is available from the Township of Oro Medonte. 9 Page 152 of 197 NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and 2008628 Ontario Ltd DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A N/A 15b) A By -law to Repeal By -law 2010 -160 SCHEDULE "C" 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 10 Page 153 of 197 15b) A By -law to Repeal By -law 2010 -160 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 2008628 Ontario Ltd. 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 $1000.00 Page 154 of 197 15c) Being a By -law to Authorize the Exe... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -170 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 1s 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 AND SECONDTIME THIS 13TH DAY OF OCTOBER, 2010. BY -LAW READ A THIRD AND FINAL TIME THIS 13TH DAY OF OCTOBER, 2010. Mayor,H.S. Hughes Clerk, J. Douglas Irwin Page 155 of 197 Description of the land: Roll 43 46 010 010 42300 Plan 1441 Lot 6 15c) Being a By -law to Authorize the Exe... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE SCHEDULE "A" BY -LAW NO. 2010 -170 Page 156 of 197 -and Hodges Landing Inc. Hereinafter called the "Owner" 15c) Being a By -law to Authorize the Exe... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE SCHEDULE "B" BY -LAW NO. 2010 -170 THIS AGREEMENT made in triplicate the 13th day of September, 2010. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Corporation" 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 30th day of September, 2010 in the amount of $39,752.98 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 $1,000.00 (one thousand) dollars monthly, commencing on the 20th day of December, 2010, to and including the 20th day of December, 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.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. 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 157 of 197 Page 2 Schedule "B" By -Law No. 2010 -170 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: 13 Booth Street RR 2 Hawkestone ON LOL 1T0 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 15c) Being a By -law to Authorize the Exe... Witness Mayor, H.S. Hughes Witness Clerk, J. Douglas Irwin Witness Owner, Hodges Landing Inc. Page 158 of 197 15d) A By -law to remove the Holding symb... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -171 A By -law to remove the Holding symbol applying to lands located at Part of Lot 11, Concession 5 (Oro) (1802281 Ontario Limited) WHEREAS the Council of the Corporation of the Township of Oro Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro Medonte enacts as follows: 1.Schedule 'Al2', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Part of Lot 11, Concession 5 (Oro) (1802281 Ontario Limited)" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13 DAY OF OCTOBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 159 of 197 15d) A By -law to remove the Holding symb... Schedule 'A' to By -Law No. 2010 -171 This is Schedule 'A' to By -Law 2010 -171 passed the 13 day of October, 2010. Mayor Clerk H.S. Hughes J. Douglas Irwin L4UDER.ROAD 1 I� III 1111 J�. OLD BARI IEIROAD v, ttttttt Subject Lands 0 02.5 125 250 Meters Page 160 of 197 15e) A By -law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -172 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and Robert William Black Gail Elizabeth Black Carol Noel Black described as lands as follows: Part of East Half of Lots 2 3, Concession 1, Being PIN #58531 -0393 Roll 4346 030 010 -1070 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 13 DAY OF OCTOBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 161 of 197 October 13, 2010 By -Law No. 2010- 15e) A By -law to Authorize the Execution... APPENDIX "A" SITE PLAN AGREEMENT between ROBERT WILLIAM BLACK GAIL ELIZABETH BLACK CAROL NOEL BLACK and THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Part of East Half of Lots 2 and 3, Concession 1 Being PIN 58531 -0393 4346- 030 010 -1870 Page 162 of 197 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 Schedule "A" Schedule "B" Schedule "C" Schedule "D" Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction 15e) A By -law to Authorize the Execution... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS SCHEDULES 2 Page 163 of 197 BETWEEN: 15e) A By -law to Authorize the Execution... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this day of accordance with Section 41 of the Plannina Act. ROBERT WILLIAM BLACK GAIL ELIZABETH BLACK CAROL NOEL BLACK Hereinafter called the "Owner" 3 2010, in PARTY OF THE FIRST PART -and THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro Medonte to permit the construction of an addition onto an existing accessory building (workshop) 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: Page 164 of 197 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: 15e) A By law to Authorize the Execution... 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 an addition onto an existing accessory building (workshop) described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 4 Page 165 of 197 f) Garbaae Collection 4. DEVELOPMENT CHANGES 15e) A By -law to Authorize the Execution... 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) Parkina 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 Storaae No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B e) Garbaae Storaae 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. 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. g) Landscaoina 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. 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 Page 166 of 197 5. SECURITY 15e) A By -law to Authorize the Execution... 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 altemative 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 "0" 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 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT 6 Page 167 of 197 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 15e) A By -law to Authorize the Execution... 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 Owner Robert William Black Owner Gail Elizabeth Black Owner Carol Noel Black The Corporation of the Township of Oro Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 168 of 197 15e) A By -law to Authorize the Execution... NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and Robert William Black, Gail Elizabeth Black, Carol Noel Black LEGAL DESCRIPTION OF LANDS SCHEDULE "A" Part of East Half of Lots 2 and 3, Concession 1 Being PIN 58531 -0393 4346- 030 010 -1870 8 Page 169 of 197 SITE PLAN 15e) A By -law to Authorize the Execution... 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 Robert William Black, Gail Elizabeth Black, Carol Noel Black Site Plan Drawing: Site Plan Drawing- Al- Received by the Township of Oro Medonte on August 23, 2010. Site Plan is not in a registerable form and is available from the Township of Oro Medonte. 9 Page 170 of 197 NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and Robert William Black, Gail Elizabeth Black, Carol Noel Black 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 N/A 15e) A By -law to Authorize the Execution... SCHEDULE "C" 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 10 Page 171 of 197 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT 15e) A By -law to Authorize the Execution... 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 Robert William Black, Gail Elizabeth Black, Carol Noel Black ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 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 1,000 Page 172 of 197 15f) A By -law to Repeal By -law 2010 -158 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -173 A By -law to Repeal By -law 2010 -158 and to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and 1198677 Ontario Limited described as lands as follows: Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 2,3 &5 Plan 51R37085 Roll 4346- 010 002 30010, 4346 010 002 30020, 4346 010- 002 -30030 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; AND WHEREAS Council of the Township of Oro Medonte did on the 8 day of September 2010 enact By -Law No. 2010 -158, A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and 1198677 Ontario Limited; 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 By -law No. 2010 -133 be repealed in its entirety 5. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13 DAY OF OCTOBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 173 of 197 October 13, 2010 By -Law No. 2010- 15f) A By -law to Repeal By -law 2010 -158 APPENDIX "A" SITE PLAN AGREEMENT between 1198677 Ontario Limited and THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 2,3, 5 Plan 51R37085 Roll 4346 010 002 30010, 4346 010 002 30020, 4346 010 002 30030, TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE Page 174 of 197 Schedule "A" Schedule "B" Schedule "C" Schedule "D" THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction 15f) A By -law to Repeal By -law 2010 -158 2 Page 175 of 197 BETWEEN: 15f) A By -law to Repeal By -law 2010 -158 SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of 2010, in accordance with Section 41 of the Plannina Act. 1198677 Ontario Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro Medonte to permit the construction of a single detached dwelling 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 176 of 197 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: 15f) A By law to Repeal By law 2010 158 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 Owners obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000. 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 described in the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 4 Page 177 of 197 15f) A By -law to Repeal By -law 2010 -158 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) Parkins 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 Storaae No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B e) Garbaae Storaae The Owner agrees to provide suitable storage areas for garbage and waste. The Owner is to install and maintain litter containers in and around development on the lands. f) Garbaae 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. g) 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 Maximum of 50% tree removal permitted in established building envelope as shown on approved Site Plan Drawing prepared by MHBC Planning, dated June 17, 2010. Maximum of 50 %tree removal does not include the necessary removal of trees that are dead or diseased as determined by a qualified arborist No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, and driveway. 5 Page 178 of 197 4. DEVELOPMENT CHANGES 15f) A By -law to Repeal By -law 2010 -158 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. 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 179 of 197 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 SIGNED, SEALED AND DELIVERED 15f) A By -law to Repeal By -law 2010 -158 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. 7 1198677 Ontario Limited )Owner )Thomas Obradovich The Corporation of the Township of Oro Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 180 of 197 NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and 1198677 Ontario Limited LEGAL DESCRIPTION OF LANDS 15f) A By -law to Repeal By -law 2010 -158 SCHEDULE "A" Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by RO659014; Being Part 2,3, 5 Plan 51R37085 Roll 4346- 010 002 30010, 4346- 010 002 30020, 4346 010 002 -30030 8 Page 181 of 197 NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and 1198677 Ontario Limited SITE PLAN 15f) A By -law to Repeal By -law 2010 -158 SCHEDULE "B" Site Plan Drawings: 51R-37085 Part 5, Lot 1, Prepared by MHBC Planning dated June 17, 2010 51 R -37085 Part 3, Lot 3, Prepared by MHBC Planning dated June 17, 2010 51R-37085 Part 2, Lot 4, Prepared by MHBC Planning dated June 17, 2010 All of the above noted Site Plan Drawings are available from the Township of Oro Medonte. 9 Page 182 of 197 NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and 1198677 Ontario Limited 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 N/A 15f) A By -law to Repeal By -law 2010 -158 SCHEDULE "C" 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 10 Page 183 of 197 15f) A By -law to Repeal By -law 2010 -158 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 1198677 Ontario Limited 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 /per lot Page 184 of 197 15g) A By -law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -174 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and Thomas Obradovich described as lands as follows: Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by RO659014; Being Part 4 Plan 51 R37085 4346 010- 002 -30040 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 13 DAY OF OCTOBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 185 of 197 October 13, 2010 By -Law No. 2010- 15g) A By -law to Authorize the Execution... APPENDIX "A" SITE PLAN AGREEMENT between THOMAS OBRADOVICH and THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Part of Lot 1, Concession 4, Oro, Part of Lot 1, Concession 5, Oro, Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 4, Plan 51 R37085 4346 010- 002 -30040 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE Page 186 of 197 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 Schedule "A" Schedule "B" Schedule "C" Schedule "D" 15g) A By -law to Authorize the Execution... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction 2 Page 187 of 197 BETWEEN: 15g) A By -law to Authorize the Execution... SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of 2010, in accordance with Section 41 of the Plannina Act. Thomas Obradovich Hereinafter called the "Owner" PARTY OF THE FIRST PART -and THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro Medonte to permit the construction of a single detached dwelling 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 188 of 197 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: 15g) A By law to Authorize the Execution... 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 Owners obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000. 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 described in the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 4 Page 189 of 197 15g) A By -law to Authorize the Execution... 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) Parkins 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 Storaae No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B e) Garbaae Storaae The Owner agrees to provide suitable storage areas for garbage and waste. The Owner is to install and maintain litter containers in and around development on the lands. f) Garbaae 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. g) 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 Maximum of 50% tree removal permitted in established building envelope as shown on approved Site Plan Drawing prepared by MHBC Planning, dated June 17, 2010. Maximum of 50 %tree removal does not include the necessary removal of trees that are dead or diseased as determined by a qualified arborist No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, and driveway. 5 Page 190 of 197 4. DEVELOPMENT CHANGES 15g) A By -law to Authorize the Execution... 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. 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 191 of 197 7. CO- OPERATION 15g) A By -law to Authorize the Execution... 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 )Thomas Obradovich )Owner The Corporation of the Township of Oro Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 192 of 197 LEGAL DESCRIPTION OF LANDS 15g) A By -law to Authorize the Execution... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and Thomas Obradovich Part of Lot 1, Concession 4, Oro, Part of Lot 1, Concession 5, Oro, Part RDAL BTN Concession 4 and Concession 5, Oro Closed by RO659014; Being Part 4, Plan 51R37085 4346- 010 002 -30040 8 Page 193 of 197 15g) A By -law to Authorize the Execution... 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 Thomas Obradovich SITE PLAN Site Plan Drawing: 51R-37085 Part 4, Lot 2, Prepared by MHBC Planning dated June 17, 2010 All of the above noted Site Plan Drawing are available from the Township of Oro Medonte. 9 Page 194 of 197 NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and Thomas Obradovich 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 N/A 15g) A By -law to Authorize the Execution... SCHEDULE "C" 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 10 Page 195 of 197 15g) A By -law to Authorize the Execution... 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 Thomas Obradovich 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 /per lot Page 196 of 197 16a) Being a By -Law to confirm the proce... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -175 Being a By -Law to confirm the proceedings of the Council Meeting held on Wednesday, October 13, 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, October 13, 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 13 DAY OCTOBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 197 of 197