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10 23 2013 Council AgendaPage 5 -23 24-32 -.a.0-102011-01 %lb., "I Toutnship of Proud Heritage, Exciting Future THE TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, October 23, 2013 6:00 p.m. - Closed Session Open Session Immediately Following Closed Session 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Workplace Violence Prevention). d) Jerry Ball, Director of Transportation and Environmental Services re: Personal Matters about an identifiable individual (Staffing Update). e) Robin Dunn, CAO, re: Labour relations /employee negotiations (Arbitration). f) Andria Leigh, Director of Development Services re: Litigation affecting the Municipality (Shoreline Drive). [Addenda] 5. MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Council meeting held on Wednesday, October 16, 2013. b) Minutes of Committee of Adjustment meeting held on Thursday, October 17, 2013. 6. RECOGNITION OF ACHIEVEMENTS: None. 7. PUBLIC MEETINGS: None. Page 1 of 139 Council Meeting Agenda - October 23, 2013 8. DEPUTATIONS: None. 9. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 10. REPORTS OF MUNICIPAL OFFICERS: 33-47 a) 7:00 p.m. Shawn Binns, Director of Recreation and Community Services and Steenhof Building Services Group re: Oro - Medonte Community Centre Renovation Update [deferred at October 16, 2013 meeting]. 48-50 b) Report No. DS2013 -63' Andria Leigh, Director of Development Services re: Building Permit Stats Update. 51 -54 c) Report No. DS2013 -64, Andria Leigh, Director of Development Services re: Site Plan Agreement (Democrat Maplewood Limited) 2013 - SPA -27, Plan 51 M -957, (Former Township of Oro), Lot 106 [refer to Items 15a) and b)]. 55-62 d) Report No. DS2013 -65, Andria Leigh, Director of Development Services re: Site Plan Approval Applications and removal of holding provisions (Applications: 2013 - SPA -14 & 2013 - SPA -15 - Mark & Catherine Porter), 3003 Ridge Road West, Part of Lot 2, Concession 2 (Oro) [Refer to Items 15c), d), e) and f)] [to be distributed at meeting]. 63-69 e) Report No. CS2013 -22, Doug Irwin, Director of Corporate Services /Clerk re: Municipal Law Enforcement Occurrence Report July- September 2013. 70-76 f) Report No. CS2013 -23, Doug Irwin, Director of Corporate Services /Clerk re: Closed Meeting Investigator Appointment for 2014 and 2015. 77-83 g) Report No. DS2013 -66, Andria Leigh, Director of Development Services re: Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for 2189952 Ontario Limited (Houben), Registered Plan M -952 —Phase 2 [Refer to Item 15g)]. 11. REPORTS OF MEMBERS OF COUNCIL: None. 12. CONSENT AGENDA: 84-86 a) Announcements of Interest to the Public 1. Trinity Community Church Christmas Bazaar, Saturday, October 26, 2013, 9:30am- 2:OOpm, 110 Line 7 South. 2. Oro - Medonte Community Arena, Family Fright Night, Friday October 25, 2013, 5:00- 7:OOpm, Haunted House Upstairs; 6:30- 7:20pm. 3. Flu Clinics, Huronia Nurse Practitioner Led - Clinic, 3331 Line 4 North (off Horseshoe Valley Road), October 30, November 6, 13, 20 and 27, 2013. Page 2 of 139 Council Meeting Agenda - October 23, 2013 13. COMMUNICATIONS: 87-89 a) Correspondence dated October 8, 2013 from Bryan Stokes, Manager, Legal Services; 2187459 Ontario Ltd. re: 74 School House Road and Adjacent Lands, Request to Purchase Township Land. 90 b) Correspondence from Lake Simcoe Region Conservation Authority re: Open Houses re Draft Oro and Hawkestone Creeks Subwatershed Plan, Tuesday, October 22, 2013, 5:30 -7:30 (Presentations at 6:00 and 7:00), Old Town Hall, 833, Line 7 North, Oro - Medonte; and Thursday, October 24, 2013, 5:30 -7:30 (Presentations at 6:00 and 7:00), Orillia City Centre - Council Chambers, 50 Andrew St. South, Orillia. 14. NOTICE OF MOTIONS: None. 15. BY -LAWS: 91 -103 a) By -Law No. 2013 -195 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 106, Plan 51M-957, as in 58533 -0330 LT, ROLL # 4346- 010 - 003 - 26606, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. 104 - 105 b) By -Law No. 2013 -196 A By -law to remove the Holding symbol On lands described as follows: Lot 106, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010- 003 - 26606. 106 - 119 c) By -Law No. 2013 -197 By -law to enter into Site Plan Agreement with Catherine Porter to permit a single detached dwelling on lands described as Part 2, Plan 51 R- 38809, Lot 2, Concession 2 E.P.R., formerly in the Township of Oro, now in the Township of Oro - Medonte [to be distributed at meeting]. 120-121 d) By -Law No. 2013 -198 By -law to remove a Holding Provision (Catherine Porter) to permit a single detached dwelling on lands described as Part 2, Plan 51 R- 38809, Lot 2, Concession 2 E.P.R., formerly in the Township of Oro, now in the Township of Oro - Medonte [to be distributed at meeting]. 122 - 134 e) By -Law No. 2013 -199 By -law to enter into Site Plan Agreement with Mark Porter to permit a single detached dwelling on lands described as Parts 3, 4 & 5 Plan 51 R- 38809, Lot 2, Concession 2 E.P.R., formerly in the Page 3 of 139 Council Meeting Agenda - October 23, 2013 Township of Oro, now in the Township of Oro - Medonte [to be distributed at meeting]. 135 - 136 f) By -Law No. 2013 -200 By -law to remove a Holding Provision (Mark Porter) to permit a single detached dwelling on lands described as Parts 3, 4 & 5 Plan 51 R- 38809, Lot 2, Concession 2 E.P.R., formerly in the Township of Oro, now in the Township of Oro - Medonte [to be distributed at meeting]. 137 - 138 g) By -Law No. 2013 -204 Being a By -Law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for 2189952 Ontario Limited (Houben), Plan 51 M -952, Phase 2. 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18. CONFIRMATION BY -LAW: 139 a) By -Law No. 2013 -194 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, October 23, 2013. 19. ADJOURNMENT: a) Motion to Adjourn. Page 4 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Staff Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director of Present: Finance /Treasurer /Deputy CAO; Doug Irwin, Director of Corporate Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C131016 -1 Moved by Crawford, Seconded by Lancaster Be it resolved that the agenda for the Council meeting of Wednesday, October 16, 2013 be received and adopted. Carried. Page 1 of 19 Page 5 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. 3. DISCLOSURE OF PECUNIARY INTEREST: Councillor Crawford declared a pecuniary interest on Item 13e), Part 2, Correspondence received October 10, 2013 from Kristin MacNamara, LIM Energy Inc., re: Request for Reconfirmation of Support for Request for Municipal Support Resolution, FIT Program Version 3.0 for: (2) 82 15/156 Sideroad East (Oro Agricultural Society) as he is a Director of the Oro Agricultural Society. Councillor Crawford left the Chambers and did not participate in the discussion or vote on the item. 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C131016 -2 Moved by Evans, Seconded by Meyer Be it resolved that we do now go,in Closed Session at 5:40 p.m. to discuss • acquisition /disposition of land • solicitor - client privilege. Carried. c) Robin Dunn, CAO re: Solicitor - client privilege (Legal Opinion - Liability Exposure). d) Robin Dunn, CAO re: Solicitor - client privilege (Legal Opinion - Municipal Responsibility). e) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Simcoe Road, Plan 589). Carried. Page 2 of 19 Page 6 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. c) Robin Dunn, CAO re: Solicitor - client privilege (Legal Opinion - Liability Exposure) The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk. Motion No. C131016 -4 Moved by Evans, Seconded by Meyer Be it resolved that the confidential correspondence dated October 15, 2013 and presented by Robin Dunn, CAO re: Solicitor - client privilege (Legal Opinion - Liability Exposure) be received. Carried. d) Robin Dunn, CAO re: Solicitor - client privilege (Legal Opinion - Municipal Responsibility). The following staff were present: Robin Dunn, CAO; Doug Irwin, Director of Corporate Services /Clerk. Motion No. C131016 -6 Moved by Evans, Seconded by Crawford Be it resolved 1. That Confidential Report No. CS2013 -21, Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Simcoe Road) be received and adopted. 2. That the land values be established at $0.25 per square foot. 3. And That the respective property owners be advised of Council's decision under the Director of Corporate Services /Clerk's signature. Carried. Page 3of19 Page 7 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. 5. MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Heritage Committee meeting held on Monday, September 30, 2013. Motion No. C131016 -7 Moved by Meyer, Seconded by Coutanche Be it resolved that the draft minutes of the Heritage Committee meeting held on Monday, September 30, 2013 be received. 1 1 — Carried. Carried. Page 4 of 19 Page 8 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Page 9 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Page 10 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. Motion No. C131016 -15 Moved by Crawford, Seconded by Lancaster Page 7of19 Page 11 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. d) Shawn Binns, Director of Recreation and Community Services and Donna Hewitt, Director of Corporate & Strategic Initiatives re: correspondence dated October 3, 2013 from Kim Ball, Recreation Programming, Town of Bracebridge, Draft 2014 Ontario Winter Games Inter - Municipal Co- Hosting Agreement. Motion No. C131016 -17 Moved by Lancaster, Seconded by Evans Be it resolved that the correspondence dated October 3, 2013 from Kim Ball, Recreation Programming, Town of Bracebridge and presented by Shawn Binns, Director of Recreation and Community Services and Donna Hewitt, Director of Corporate & Strategic Initiatives re: Draft 2014 Ontario Winter Games Inter - Municipal Co- Hosting Agreement be received and referred to the 2014 budget deliberations. Carried. Page 8of19 Page 12 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. Moved by Meyer, Seconded by Coutanche Be it resolved 1. That Report No. DS 2013 -062, Andria Leigh, Director of Development Services, re: Request for Extension of Draft Plan Approval, Plan of Subdivision Application 2008 - SUB-02, Lake Simcoe Aeropark Inc., Part Lots 18 and 29, Concession 8 (Oro), Township of Oro - Medonte be received and adopted. 2. That Council approves the extension to draft plan approval for Lake Simcoe Aeropark Inc. 2008 - SUB -02 for a period of one year to October 16, 2014. 3. And That the owner be advised of Council's decision under the Director of Development Services' signature. Carried. Page 9 of 19 Page 13 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. h) Doug Irwin, Director of Corporate Services /Clerk, re: Correspondence dated October 8, 2013 from The Honourable Mr. Justice P.H. Howden, Superior Court of Justice - Ontario, Oro - Medonte v. Warkentin, Court File No. 11 -1101, Endorsement on Costs (Plan 626, Lakeshore Promenade). Motion No. C131016 -21 Moved by Crawford, Seconded by Evans Be it resolved that the correspondence dated October 8, 2013 from The Honourable Mr. Justice P.H. Howden, Superior Court of Justice - Ontario and presented by Doug Irwin, Director of Corporate Services /Clerk re: Oro - Medonte v. Warkentin, 2013 ONSC 6088, Endorsement on Costs (Plan 626, Lakeshore Promenade) be received and posted to the Township's website. "I 11. REPORTS OF MEMBERS C None. 12. CONSENT AGENDA: a) Carried. Announcements of Interest to the Public: - 1. Third Annual Mayor & Council's Business Breakfast, Wednesday, October 23, 2013, 7:30am- 9:30am, Trinity Community Church, 110 Line 7 South. 2. Trinity Community Church Christmas Bazaar, Saturday, October 26, 2013, 9:30am- 2:00pm, 110 Line 7 South. 3. Huronia Nurse Practitioner -LED Clinic Accepting Patients. b) Minutes of Lake Simcoe Region Conservation Authority meeting held on July 26, 2013. Staff Recommendation: Receive. c) Nottawasaga Valley Conservation Authority, Board and Hearing minutes of meetings held on August 30, 2013 and Board highlights of meeting held on September 27, 2013. Staff Recommendation: Receive. d) Correspondence dated September 26, 2013 from Ontario Municipal Board re: Decision Delivered by Sylvia Sutherland and Order of the Board, PL130508, 2013 -A -18. Staff Recommendation: Receive. Page 10 of 19 Page 14 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Page 15 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Page 16 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. c) Correspondence dated October 2, 2013 from Severn Sound Environmental Association re: Annual Partners Reception, Thursday, November 14, 2013, 6:30- 8:30pm, Midland Public Library, 320 King Street and Call for Nominations for the SSEA's 2013 Environmental Awards. Motion No. C131016 -25 Moved by Lancaster, Seconded by Crawford 4w 'IN Motion No. C131016 -26 Page 13 of 19 Page 17 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. e) Correspondence received October 10, 2013 from Kristin MacNamara, LIM Energy Inc., re Request for Reconfirmation of Support for Request for Municipal Support Resolution, FIT Program Version 3.0 for: 1. 432 Line 7 South (Crawford), 2. 82 15/156 Sideroad East (Oro Agricultural Society). Motion No. C131016 -27 Moved by Crawford, Seconded by Lancaster Whereas, Council at its November 28, 2012 Council meeting, passed Motion No. C121128- 31 for 432 7th Line for a rooftop solar project. And Whereas, the applicant has requested reconfirmation of the same application for the FIT Version 3.0 application submission. Now Therefore Be it Resolved that Council supports the Request for Municipal Council Support for a rooftop solar Project, William Robert Crawford and Loretta Maria Crawford, at 432 7th Line for the FIT Version 3.0 application submission. And That the appropriate Municipal Council Support Resolution be completed under the Director of Corporate Services /Clerk's signature. Carried. Councillor Crawford declared a pecuniary interest on Item 13e), Part 2, Correspondence received October 10, 2013 from Kristin MacNamara, LIM Energy Inc., re: Request for Reconfirmation of Support for Request for Municipal Support Resolution, FIT Program Version 3.0 for: (2) 82 15/156 Sideroad East (Oro Agricultural Society) as he is a Director of the Oro Agricultural Society. Councillor Crawford left the Chambers and did not participate in the discussion or vote on the item.­ Motion No. C131016 -2a Moved by Meyer, Seconded by Coutanche Whereas, Council at its January 9, 2013 Council meeting, passed Motion No. C130109 -15 for 82 15/16 Sideroad East for a rooftop solar project. And Whereas, the applicant has requested reconfirmation of the same application for the FIT Version 3.0 application submission. Now Therefore Be it Resolved that Council supports the Request for Municipal Council Support for a rooftop solar project, Oro Agricultural Society, at 82 15/16 Sideroad East for the FIT Version 3.0 application submission. And That the appropriate Municipal Council Support Resolution be completed under the Director of Corporate Services /Clerk's signature. Carried. Page 14 of 19 Page 18 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. f) Request from Amaral Utilia, SunEdison re: Confirmation of Support for Request for Municipal Support Resolution, Revised FIT Program Version 3.0 for 2446 Old Barrie Road East (Anderson), [from January 9, 2013 Council meeting, Motion No. C130109- 16]. Motion No. C131016 -29 Moved by Evans, Seconded by Lancaster Whereas, Council at its January 9, 2013 Council meeting, passed Motion No. C130109- 16 for the FIT 2.1 application submission for 2446 Old Barrie Road East for a Ground - Mount Project. And Whereas, the applicant has submitted the Agricultural Land Evaluation & Soil Study Report, as requested by Council, and has requested reconfirmation of the same application for FIT Version 3.0 application submission. Now Therefore Be it Resolved that Council supports the Request for Municipal Council Support for a Ground -Mount Project, David Anderson, 2446 Old Barrie Road East for the FIT 3.0 application submission. And That the appropriate Municipal Council Support Resolution be completed under the Director of Corporate Services /Clerk's signature. Carried. g) Correspondence dated October 1, 2013 from Barbara Brechin re: Municipal Drain #7 Motion No. C131016 -30 Moved by Coutanche, Seconded by Meyer Be it resolved that the correspondence dated October 1, 2013 from Barbara Brechin re: Municipal Drain #7 be received and referred to the Director of Transportation and Environmental Services for a response. Carried. 14. NOTICE OF MOTIONS: None. Page 15 of 19 Page 19 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. 15. BY -LAWS: a) By -Law No. 2013 -184: A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Morris Shelswell & Sons Excavating & Grading Ltd. for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T- 03 for Bayview Memorial Park, Shelswell Park and Edgar Community Hall for 2013/14, 2014/15 and 2015/16. b) By -Law No. 2013 -185: A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Crocker Contracting for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Moonstone Fire Hall, Shanty Bay Fire Hall and Hawkestone Community Hall for 2013/14, 2014/15 and 2015/16. c) By -Law No. 2013 -186: A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and MS Landscaping for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Oro - Medonte Community Hall, Rugby Fire Hall and Warminster Fire Hall for 2013/14, 2014/15 and 2015/16. d) By -Law No. 2013 -187: A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Woodrow Family Farms Inc. for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for OPP -Nurse Practitioner, Horseshoe Valley Fire Hall, Line 4 Park, Lohuaru Trail, Sweetwater Park, Carley Hall, Eady Hall and Jarratt Hall for 2013/14, 2014/15 and 2015/16. e) By -Law No. 2013 -188: A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and PT Landscaping for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Township Administration Building and Hawkestone Fire Hall for 2013/14, 2014/15 and 2015/16. f) By -Law No. 2013 -190: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 113, Plan 51 M- 957, as in 58533 -0337 LT, ROLL # 4346- 010 - 003 - 26613, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. g) By -Law No. 2013 -191: A By -law to remove the Holding symbol On lands described as follows: Lot 113, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26613. h) By -Law No. 2013 -193: A By -law to Amend By -law No. 2012 -168, Being a By -law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro - Medonte. Page 16 of 19 Page 20 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. Motion No. C131016 -31 Moved by Evans, Seconded by Crawford Be it resolved that a) By -Law No. 2013 -184: A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Morris Shelswell & Sons Excavating & Grading Ltd. for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T- 03 for Bayview Memorial Park, Shelswell Park and Edgar Community Hall for 2013/14, 2014/15 and 2015/16. b) By -Law No. 2013 -185: A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Crocker Contracting for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Moonstone Fire Hall, Shanty Bay Fire Hall and Hawkestone Community Hall for 2013/14, 2014/15 and 2015/16. c) By -Law No. 2013 -186: A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and MS Landscaping for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Oro - Medonte Community Hall, Rugby Fire Hall and Warminster Fire Hall for 2013/14, 2014/15 and 2015/16. d) By -Law No. 2013 -187: A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Woodrow Family Farms Inc. for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for OPP -Nurse Practitioner, Horseshoe Valley Fire Hall, Line 4 Park, Lohuaru Trail, Sweetwater Park, Carley Hall, Eady Hall and Jarratt Hall for 2013/14, 2014/15 and 2015/16. e) By -Law No. 2013 -188: A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and PT Landscaping for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Township Administration Building and Hawkestone Fire Hall for 2013/14, 2014/15 and 2015/16. f) By -Law No. 2013 -190: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 113, Plan 51 M -957, as in 58533 -0337 LT, ROLL # 4346- 010 - 003 - 26613, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. g) By -Law No. 2013 -191: A By -law to remove the Holding symbol On lands described as follows: Lot 113, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26613. Page 17 of 19 Page 21 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. h) By -Law No. 2013 -193: A By -law to Amend By -law No. 2012 -168, Being a By -law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro - Medonte. be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Carried. Page 18 of 19 Page 22 of 139 5.a) Minutes of Council meeting held on Wednesday, October 1... Council Meeting Minutes — October 16, 2013. 18. ADJOURNMENT: a) Motion to Adjourn. Motion No. C131016 -33 Moved by Crawford, Seconded by Evans Be it resolved that we do now adjourn at 6:10 p.m. Mayor, H.S. Hughes J. Douglas Irwin Carried. Page 19 of 19 Page 23 of 139 5.b) Minutes of Committee of Adjustment meeting held on Thur... 7'r�rr�rrs���p n ! >ruxrd Ffs�ritrrr�c, C.rri�rr�,q F {rrrrr•a� Thursday, October 17, 2013 Present: Scott Macpherson, Chair Bruce Chappell Roy Hastings Allan Johnson Larry Tupling THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers TIME: 9:33 a.m. Staff present: Derek Witlib, Manager of Planning; Marie Brissette, Committee Moved by Tupling, Seconded by Has tin s It is recommended that the agenda or the 17, 2013 be received and adopted. 3. DISCLOSURE OF PECUNIARY INTEREST: Adjustment meeting of Thursday, October None declared. 4. ADOPTION OF MINU ` a) Minutes of Committee of Adjustment meeting held on Thursday, September 19, 2013. Motion No. CA131017 -2 Moved by Johnson, Seconded by Hastings It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, September 19, 2013 be adopted as printed and circulated. Carried. Carried. Page 1 of 9 Page 24 of 139 5.b) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — October 17, 2013. 5. PUBLIC MEETINGS: 1. That one copy of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary - Treasurer; 2. That the severed lands, with an area of approximately 31.4 hectares (77.7 acres), be merged in title with the abutting lands to the west, and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject land; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the applicant apply for and obtain an amendment to: a) Rezone that portion of the severed lands in the Private Recreational Exception One Hundred Twenty -Five (PR *125)(H) Zone to an Agricultural /Rural (A/RU) Zone; b) Rezone the retained lands from a Private Recreational Exception One Hundred Twenty -Five (PR *125)(H) Zone to an Rural Residential Two (RUR2) Zone; c) Amend the Mineral Aggregate Resource One Exception One Hundred Twenty -six (MAR *126) (H) Zone and the Mineral Aggregate Resource One Exception One Hundred Twenty -seven (MAR *127)(H) Zone to remove provisions related the development of an adjacent golf course. 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 2 of 9 Page 25 of 139 5.b) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — October 17, 2013. b) 2013 -B -19 (Skyline Horseshoe Valley Inc.), 1101 Horseshoe Valley Road, Application requesting consent to sever a new lot, to register a mortgage /charge with respect to the new lot and create an easement for the purposes of access and parking. Dan Piggott and Matthias Schlaepfer, agents, were present on behalf of the applicant. Motion No. CA131017 -4 Moved by Hastings, Seconded by Chappell It is recommended that the Committee of Adjustment defers Application 2013 -B -19, until such a time that the Council of the Township of Oro - Medonte has made a decision on the Rezoning Application. Motion No. CA131017 -5 Moved by Tupling, Seconded by Johnson Defeated. It is recommended that the Committee of Adjustment grants provisional consent to Applications 2013 -B -19 for consent to sever one (1) lot together with an easement, and consent to register a mortgage /charge, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant obtain an amendment to the Zoning By -law to rezone the severed parcel to recognize frontage on a private road and parking concerns; 4. That all municipal taxes be paid to the Township of Oro - Medonte; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice; 6. That the applicant submit a Stormwater Management Report to the satisfaction of the County of Simcoe, as per the County of Simcoe's correspondence dated October 16, 2013. Carried. Page 3 of 9 Page 26 of 139 5.b) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — October 17, 2013. c) 2013 -B -20 (1737126 Ontario Inc.), 8976 Highway 12, Application for Validation of Title over lands. Lisa Madden, agent, was present on behalf of the applicant. Motion No. CA131017 -6 Moved by Hastings, Seconded by Chappell It is recommended that the Committee of Adjustment grants provisional consent to Application 2013 -B -20, for a Validation of Title, subject to the following conditions: 2. 3. Page 4 of 9 Page 27 of 139 5.b) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — October 17, 2013. d) 2013 -A -42 (John Boville), Property located at the east side of Line 4 North (south of Horseshoe Valley Road West), Application for relief from Minimum Front Yard. "Application was previously the subject of a Public Meeting on September 19, 2013 at which no decision was made with respect to the application. John Boville, applicant, and Michelle Cutts, planner, were present. Helen MacRae, representing the Horseshoe Valley Property Owners Association ( "HVPOA "), noted that the HVPOA received many complaints regarding the size of the sign, that the character's face on the sign is no longer rural, and if planning principle is to save trees then the sign should not have been there to begin with. She added that last month's decision to approve 2013 -A -43, but a non - decision for 2013 -A -42, was noted by the Chairperson as a compromise for the applicant however, the sign in application 2013 -A -42 is surrounded by residential properties whereas 2013 -A -43 is not. Susan Stanbury questioned why staff's report did not address that this was a request indeed for forgiveness rather than a variance. She noted that the application is a result of staff error, however, the residents are left with the result being a large visual distraction. Motion No. CA131017 -7 Moved by Chappell, Seconded by Johnson 1. That, notwithstanding Table B4 (B) of Zoning By -law 97 -95, as amended, the Billboard Sign shall otherwise comply with all other applicable provisions of the Zoning By -law as well as By -law 2010 -075 "Being a By -Law to Regulate Signs and other Advertising Devices "; 2. That the variance is granted only for the existing sign structure on the lands and not for any new or replacement sign structures; 3. That the appropriate zoning certificate and sign permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 5 of 9 Page 28 of 139 5.b) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — October 17, 2013. e) 2013 -A -44 (1452711 Ontario Limited), Property located on the south side of Moonstone Road East, east of Ellen Drive (Concession 9, Part of Lot 15), Application for relief from Temporary Construction & Sales Uses - Permitted - One (1) model home. Doug Reid, applicant, and Rick Jones, planner, were present. Motion No. CA131017 -8 Moved by Tupling, Seconded by Hastings AOO It is recommended by the Committee of Adjustment that Variance Application 2013 -A -44 be approved, specifically, to permit the construction of two additional model homes on future Lots 6 & 7 within a proposed plan of subdivision, for the reason that the application appears to meet the four tests of the Planning Act. x 1\ Carried. Page 6 of 9 Page 29 of 139 5.b) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — October 17, 2013. f) 2013 -A -45 (Eric and Nancy Brophy), 16 Dorthy's Drive, Application for relief from Rear lot line setback for accessory building and Exterior side yard for accessory building. Eric Brophy, applicant, and Rob Suddaby, agent, were present. Motion No. CA131017 -9 Moved by Johnson, Seconded by Chappell It is recommended that the Committee of Adjustment approve Variance Application 2013 -A- 45, specifically to permit to construct a detached accessory building (garage) subject to the following conditions: 2. 0 H 5. That, notwithstanding Sections 5.1.3 and 5.1.6 of Zoning By -law 97 -95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By -Law; That the buildings and structures on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the accessory building be located no closer than approximately 1.55 metres from the northerly rear lot line, and no closer than approximately 6.4 metres from the easterly exterior side lot line; Final occupancy of building permit will not be granted until the three existing detached accessory buildings are removed from site; That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 7 of 9 Page 30 of 139 5.b) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — October 17, 2013. 6. NEW BUSINESS: a) Correspondence dated September 26, 2013 from the Ontario Municipal Board, re: OMB Decision, 2013 -A -18 (Christine and Wayne Lambert), 11 Palm Beach Road. Motion No. CA1 31 01 7 -1 0 Moved by Tupling, Seconded by Chappell Carried. Page 8 of 9 Page 31 of 139 5.b) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — October 17, 2013. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, November 21, 2013 at 9:30 a.m. ADJOURNMENT: Motion to Adjourn. Motion No. CA131017 -12 Moved by Tupling, Seconded by Chappell It is recommended that we do now adjourn at 12:41 Scott Macpherson, Chair Carried. Derek Witlib, Deputy Secretary Treasurer Page 9 of 9 Page 32 of 139 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... ru,�rrpf_ Township Update Meeting THE TOWNSHIP OF ORO- MEDONTE COMMUNITY CENTRE - 4th LINE 1. INTRODUCTIONS 2. BACKGROUND 3. PROJECT STATUS UPDATE 4. DESIGN OPTIONS: a) PROPOSAL ITEMS & WISH LIST b) EXISTING BUILDING c) SBSG PROPOSED LAYOUT d) ICE SURFACING EQUIPMENT e) HVAC IMPROVEMENTS f) LIGHTING 5. PROJECT RISK 6. BUDGET IMPACT 7. PATH FORWARD _ MEETING AGENDA Page 33 of 139 2013 -10 -17 1 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... 2013 -10 -17 Proiect Team SBSG PROJECT TEAM Shawn Binns Or Jack Steenhof, M.A.Sc., Josh Small P.Eng Princi al in Charge Project Manager Jesse Lon worth, Chns Langford, Bob Chorny, OAA P.Eng. StruuctumI P.Eng. Josh Small, P.Eng. Joe Emmons, PQS Architect Engineer Electrical Engineer 0 Mechanical Engineer Cost Consulting la Storey Arena Refrigeration Specialist BACKGROUND 2012 • AECOM engaged to conduct conceptual plans and associated costing for renovations • Initial open house held to seek initial design input from stakeholders • Primary project objectives established: Extend lifecycle 20+ years Make the best use of limited capital $ Capitalize on external grants and funding Optimize revenues and operating efficiencies / reduce electrical consumption Meet current and future community needs Improve accessibility Improve aesthetics and functionality Maximize use Design for future scaling • Two Design options presented to Council during the 2013 Budget deliberations. Q Page 34 of 139 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... BACKGROUND Lifecycle and state of good repair option — Estimated cost $2.3 Million - :i — — +— — — — — — +---- + - - - - — cja_- ,YV�fd BACKGROUND Expanded facility option — Estimated cost $4.5 Million � r R1R i 4 Page 35 of 139 2013 -10 -17 W 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... 2013 -10 -17 r1 o., BACKGROUND 2013 As part of the 2013 Budget deliberations Council directed staff to solicit public feedback on the two options. Two open houses were held in February Surveys sent to user groups Mixed opinions Numerous requests for extension of the pad to NHL size rink 2013 Budget Capital Budget approved to include $125,000 allocation to provide flexibility if expansion option was to be considered. $2.3 Million approved in 2013 capital. Funding sources: $600K reserves, $1.7MM debenture April 24, 2013 — Staff Report RC 2013 -09 Strategic Facility Plan presented to Council on the facility options. Council approved proceeding with Option 1 to provide greater financial flexibility with other projects while providing direction to proceed with detailed design on Option 1 considering the pad extension as a provisional item. Steenhof Building Services Group engaged to undertake design. LAS engaged to provide support in maximizing efficiencies and incentives. Repairs to flat roof and dasher board reinforcement completed prior to 201312014 ice season. r�r;•„ -. llv,r _ Project Scope Update Proposal items and recommendations to scope Note: Item not included in BUILDING, COMMON AREAS, CHANGE ROOMS AECOM Scope /Budget Change layout and to improve functionality, appearance and energy efficiency of entrance area, enclosed viewing space & community room. • Improve Layout of Change room • Upgrade replace plumbing where required Roofing replacement / upgrade on flat roof Upgrade insulation values of building envelope, where applicable Improve low -e ceiling to reduce condensation problem Improve building dehumidification system to help prevent condensation issues Tie in all relevant equipment to a new building automation system Extend rear of building to improve building layout and functionality Relocation of Olympia Room to new building extension Add Parks Maintenance Storage Roam in new addition SITE • Relocating the septic system • Provide additional parking spaces • Entry / vehicle movement • Remove 8'x 40' container 4 Page 36 of 139 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... 2013 -10 -17 'A"� i Proiect Scope ICE SURFACE • Replace ice surface including brine distribution piping and concrete pad to improve efficiency and extend arena life • Replace dasher Boards • Extend the ice pad 20' length and 5' in width to achieve 200' x 85' NHL size ice rink ICE SURFACING EQUIPMENT • Upgrade pumps and motors to high efficiency equipment with improved on /off or VFD controls • Water filtration system • Replace Heat recovery systems tie into flood ice water and building heating load requirements HVAC • Replace oil furnace with natural gas fired radiant heating system • Replace all electric water heaters with natural gas hot water system • Upgrade change room HVACto include HRV's and radiant heating systems LIGHTING • Upgrade lighting to high efficiency LED or equivalent • Add occupancy sensors and lighting controls linked into a building automation system �,�.,.. 5�4 EXISTING BUILDING DESIGN CONCERNS: EXISTING BUILDING Congested entrance • Narrow change room hallway • Olympia room on side of arena _ i .� LL l I I I — — .1- -._._.4._._. -4._. s_ _._._.�._._. .— — I I I I P I I I I I I I I I I I I I I I I I I f r, I �--I — — — - --- I ------ H-4 4 - - - -- — — — — 5 Page 37 of 139 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... �. _ ..,. . f4ro"."FI c /r,�,le sr�ra Recommended Design Proposal Y 4 Y y^ �i �I DESIGN IMPROVEMENTS: • New rink NHL regulation surface & dasher hoard system • m Iproved change room layout, increased seating capacity, 2 larger rooms with barrier free • Improved Entrance flow • 2 Storey Grand Entrance look • Barrier free wash room and change rooms • Add 2nd exit path from upstairs & change room, Recommended Design Proposal i _____ ______ Iir i I i i -- . DESIGN IMPROVEMENTS: • New rink NHL regulation surface& dasher board system • m proved change room layout, increased seating capacity, 2 larger rooms with barrier free access • mproved Entrance flow 2 Storey Grand Entrance look • Barrier free washer room and change rooms • Add 2nd exit path from upstairs & change rooms Page 38 of 139 2013 -10 -17 11 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... Recommended Design Proposal �> W 1,1— • i r, [ DbxcE�tuaL acxEWU1CDNLT co ! k Refrigeration Upgrades , • Improved water quality • New efficient low ma intenance corn pressors • Im proved ice temperature control • Improved heat recovery with capacity for flood water and building heating • Reduced operating costs Page 39 of 139 2013 -10 -17 7 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... 2013 -10 -17 s % % Mechanical /Electrical HVACIMPROVEMENTS Roof Top HVAC -FROwF _ 1 Radiant Heat tied into heat Radiant Heat tied HRV In dressing into heat Improvedde- very humid ifcatlon I I ----- _ —__ __ �7 I l - . l tl �. Ak Lighting LIGHTING Lighting Upgrades - r fri efficiency LED lighting to reduce heating load on refrigeration plant FV Page 40 of 139 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... 2013 -10 -17 Functional Improvements — Provisional Rink Divider— Dasherboards NW corner as mini stick wall MAX IMIZE your facility. / MAXIMIZE your profits! PROJECT RISK 1. Corrosion observed at 3 test openings • Potential Cost Over -run for Reinforcing (TBD) • Mitigate Risk — Contract Unit Rates for Cash Allowance Draw 2. Soil Conditions at site allow for building expansion to be completed with traditional shallow foundations • Potential Cost Over -run for excavation and deep foundation requirements • Mitigate Risk — Contract Unit Rates and commission soils report for expansion area we Page 41 of 139 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... Page 42 of 139 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... c�,Y, %f•��.,��rt Options and Considerations Option 1 - Solely address lifecycle Option 2 — Increase scope to maximize efficiencies or address lifecycle and extend pad Option 3 — Optimize project objectives and functional improvements To achieve timelines a decision point is required to progress in design Considerations — Lifecycle, incentives, increase revenue /lower operating costs, future site development, Community Needs - Functionality, Operating Costs, Finances, Economies of scale, Middle ground between first two options Financed from Contingency Reserve $40,000 Facility Replacement Reserve Arena $165,000 $200,000 $200,000 General $12,400 $9,840 $165,000 $212,400 $249,840 Annual Contribution required from approved 2013 contingency reserve $40,000 Page 43 of 139 2013 -10 -17 11 Proposed financing options Option 1 Option 2 Option 3 (2013 Budget) Est. Cost Est. Cost Est. Cost $2,300,000 $2,695,000 $3,047,000 Financing: Facility Replacement Reserve $605,000 $605,000 $605,000 Recreation Reserve $121,000 $121,000 $121,000 Contingency Reserve $134,000 $134,000 $174,000 Facility Repair Reserve $65,000 $65,000 $65,000 Debt Issuance 137500` $1,770,000 $2,082,000 `adjusted to reflect timing $2,300,000 $2,695,000 $3,047,000 Annual Debt Repayment 2015 -2024 $165,000 $212,400 $249,840 Financed from Contingency Reserve $40,000 Facility Replacement Reserve Arena $165,000 $200,000 $200,000 General $12,400 $9,840 $165,000 $212,400 $249,840 Annual Contribution required from approved 2013 contingency reserve $40,000 Page 43 of 139 2013 -10 -17 11 10.a) 7:00 p.m. Shawn Binns, Director of Recreation and Comm... 2013 -10 -17 r ,•, fi.�1 �' 2014 -2023 Debt Charge Forecast 12 Page 44 of 139 V �mQm `V C.1 O �I 'W W - Lu 1 E&STINGFRONTPERSPECTIVE z . 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E4— ISSUED FOR REVIEW )PRCPOSED _6RIOU1111 FLOOR PLAN (5656) STEENI-JOF 74 Z rz ORO COMMUNITY CENTRE rc S-13025 A103 3 CD ---j 6 CD _0 cn (D C) r-4- 0 1 0 ;u (D C) I (D 0 C-) 0 10.b) Report No. DS2013 -63, Andria Leigh, Director of Develo... Township of REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS2013 -063 Council Bobbi Lovering Meeting Date: Subject: Motion # October 23, 2013 Septic/Septic ver 49 Septic/Septic ver Building Permit Stats Update Res add /reno Roll #: Wa R.M.S. File #: RECOMMENDATION(S): Requires Action For Information OnI797 It is recommended that: 1. Report No. DS2013 -063 be received for information. BACKGROUND: The following is a summary of the Building Division statistics for the third quarter of 2013. ANALYSIS: Number of Permits issued 3'a Quarter 2013 Number of Permits issued 3` quarter 2012 Residential 30 Residential 22 Res Demo 7 Res Demo 7 Septic/Septic ver 49 Septic/Septic ver 38 Res add /reno 14 Res add /reno 17 Small projects 65 Small projects 61 Agricultural 5 Agricultural 4 Com /Ind 12 Com /Ind 7 Cancelled 0 Cancelled 2 (not counted in totals) Total 182 Total 156 The number of Building permits issued in the 3rd quarter of 2013 shows an increase of 26 permits over last year during the same quarter. The issuance of SFD permits continues to remain strong as growth continues in both the Horseshoe Valley / Sugarbush area with Horseshoe Ridge Homes, Democrat Homes and in Warminster with South Shore Homes. Development Services Report No. DS2013 -063 October 23, 2013 Page 1 of 3 Page 48 of 139 10.b) Report No. DS2013 -63, Andria Leigh, Director of Develo... FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: The following is a summary of Construction value for permits issued in third quarter of 2013. Construction value 2013 Construction value 2012 Residential $9,495,000.00 Residential $7,496,125.00 Septic $ 455,650.00 Septic $17,875.00 Res add /reno $ 757,000.00 Res add /reno $1,551,000.00 Small projects $1,233,043.00 Small projects $1,087,850.00 Agricultural $ 166,000.00 Agricultural $ 351,000.00 Com /Ind $1,581,429.00 Com /Ind $1,247,100.00 Cancelled -- Cancelled -- Total $13,688,122.00 Total $11,733,075.00 The total construction value for the third quarter in 2013 exceeds the same quarter from 2012 by $1,955,047.00. SFD development and small projects such as decks, garages, boathouses account for most of the growth. In addition to the construction values for increasing tax base, the permit fees revenue is shown below. 20133 r Quarter Permit fee Revenue 2012 3rd Quarter Permit fee Revenue Building permit $150,684.58 Building permit $95,632.70 Septic permit $ 22,175.00 Septic permit $17,875.00 Total $172,859.58 Total $113,507.70 The permit revenue collected in 3rd quarter of 2013 shows a $ 59,351.00 increase over the same quarter in 2012. Further the total permit revenue collected to date exceeds the projected budget revenue by $243, 173.00. With the permit applications remaining strong into the 4th quarter the permit fees are projected to double the estimated budget revenue. POLICIES /LEGISLATION: The Building Code Act requires Municipalities to enforce building in Ontario through the Ontario Building Code. The Building Code Act sets out legislation for collection of permit fees to cover the direct and indirect costs of Building Permits. The permit fees collected to date exceed projected budget values. Development Services October 23, 2013 Report No. DS2013 -063 Page 2 of 3 Page 49 of 139 10.b) Report No. DS2013 -63, Andria Leigh, Director of Develo... CORPORATE STRATEGIC GOALS: This report follows the Strategic Goals of: • Quality of Life, • Safe & Healthy Community, • Sustainability, through enforcement of Building Code regulations, and consideration of alternative solutions for construction methods. CONSULTATIONS: N/A ATTACHMENTS: N/A I CONCLUSION: I In the first three quarters of 2013 staff has issued 450 permits. Wolf Steel continues to move along as the structure is complete and the wall panels and roof deck are being installed. Hitch House is nearing completion with a target date of November 15, 2013 for Occupancy. The Septic Maintenance inspection program changes began with the public information sessions, handouts and communication. Staff will develop the procedure for inspection as we move to the 4th quarter. Respectfully submitted: Bobbi Lovering CBCO Chief Building Official SMT Approval / Comments: C.A.O. Approval / Comments: a_ Development Services October 23, 2013 Report No. DS2013 -063 Page 3 of 3 Page 50 of 139 10.c) Report No. DS2013 -64, Andria Leigh, Director of Develo... Township of REPORT �i Proud Heritage, Exciting Future Report No. DS2013 -064 To: Council Prepared By: A. Spinosa, Planner Meeting Date: Subject: Motion # October 23, 2013 Site Plan Agreement (Democrat Maplewood Limited) Roll #: R.M.S. File #: 4346- 010 - 003 -26606 2013 - SPA -27 D11 46649 (Lot 106) (Lot 106) Plan 51M -957 (Former Township of Oro) Lot 106 RECOMMENDATION(S): Requires Action XX For Information Only It is recommended: 1. THAT Report DS 2013 -064 be received and adopted; 2. THAT the Township of Oro - Medonte enters into a Site Plan Agreement with Democrat Maplewood Limited thereby permitting the removal of the Holding Provision applying to Lot 106 for the construction a of single detached dwelling; 3. THAT the Clerk bring forward the by -laws for Council's consideration to enter into Site Plan Agreement with Democrat Maplewood Limited and to remove the Holding Provision applying to the lands described as Lot 106 of Plan 51M-957, respectively; and 4. AND THAT the owner be notified of Council's decision. BACKGROUND: The applicant is proposing to have a Site Plan Agreement registered on title for the construction of a 208.56 sq.m. (2,245 sq.ft.) single detached dwelling with a 49.98 sq.m. (538 sq.ft.) attached 2 car garage on Lot 106. The zoning presently in effect for the subject land is Residential One Holding Provision (R1 (H)) Zone and, as such, the owner must enter into a Site Plan Agreement prior to the issuance of a Zoning Certificate and Building Permit related to the construction of the dwelling on the respective Lot. The owner must enter into a Site Plan Agreement before the Holding Provision can be removed. DEVELOPMENT SERVICES October 23, 2013 Report No. DS2013 -064 Page 1 of 4 Page 51 of 139 10.c) Report No. DS2013 -64, Andria Leigh, Director of Develo... Due to the discovery of a potential ossuary on Lot 122 of the Diamond Valley Estates Subdivision, Planning staff have now incorporated additional wording into all site plan agreements that requires the owner of a lot and /or their agent to: retain the services of a consulting archaeologist for their on -site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary; assume all liability with respect to the discovery of any ossuary and /or archaeologically sensitive features or areas through any development; and cease work immediately upon the discovery of a potential ossuary and /or archaeologically sensitive feature, and to notify all appropriate Ministries and Agencies, including, the Registrar of Cemeteries and the Township. ANALYSIS: The property is designated Residential by the Township's Official Plan, and is zoned Residential One Holding Provision (R1 (H)) Zone by the Township's Zoning By -law 97 -95. The Site Plan Agreement and Removal of Holding Provision would permit construction of a Single Detached Dwelling in conformity with the permitted uses of the Official Plan and in compliance with the use and setbacks contained in the Township's Zoning By -law. The applicant is required to enter into a Site Plan Agreement with Council with respect to the removal of the Holding Provision on the subject Lot. These provisions were imposed through the subdivision approval process in order to determine appropriate building envelopes and the protection of the tree canopy. Further, Planning staff have reviewed the submission related to the proposed construction of a dwelling on the subject lot, and confirmed its compliance with applicable provisions of the Township's Zoning By -law 97 -95, as amended. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan Township of Oro - Medonte Zoning By -law 97 -95 Planning Act, R.S.O 1990, c. P. 13, Sections 36 and 41 CONSULTATIONS: • Township Departments ATTACHMENTS: Schedule 1: Location Map DEVELOPMENT SERVICES October 23, 2013 Report No. DS2013 -064 Page 2 of 4 Page 52 of 139 10.c) Report No. DS2013 -64, Andria Leigh, Director of Develo... CONCLUSION: The purpose of the Site Plan Application is to register a Site Plan Agreement on title for the subject Lot, with respect to the construction of a single detached dwellings on Lot 106 of the Diamond Valley Estates Subdivision (Plan 51M -957), due to the Holding Provision applying to the zoning of the Lot. It is recommended that Site Plan Application 2013 - SPA -27, be approved and the associated by -laws for Site Plan Approval and Removal of the Holding Provision be adopted by Council. Respectfully submitted: Reviewed by: Adriann S inosa, — A�n"dria� Leigh, M P, RPP Planner Director, Development Services SMT Approval ! Comments: I C.A.O. Approval / Comments: DEVELOPMENT SERVICES October 23, 2013 Report No. DS2013 -064 Page 3 of 4 Page 53 of 139 10.c) Report No. DS2013 -64, Andria Leigh, Director of Develo... SCHEDULE 1: LOCATION MAP 2013 - SPA -27 (Plan 51M -957 Lot 106) HURONWOODS DRIVE u.t Q C� w z eu DEVELOPMENT SERVICES Report No. DS2013 -064 SUBJECT LANDS (15 Emerald Terrace)I October 23, 2013 Page 4 of 4 Page 54 of 139 10.d) Report No. DS2013 -65, Andria Leigh, Director of Develo... 70,w11sl11--a of REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS2013 -065 Council D. Witlib, Manager, Planning Services Meeting Date: Subject: Motion # October 23, 2013 Site Plan Agreements 2013- SPA -14 & 2013 - SPA -15 Roll #: R.M.S. File #: 4346- 010 - 007 -07020 (Mark & Catherine Porter) D11 46155 3003 Ridge Road West RECOMMENDATION(S): Requires Actiona For Information Only It is recommended: 1. THAT Report No. DS2013 -065 be received and adopted. 2. THAT the Township of Oro - Medonte enters into a Site Plan Agreement with Catherine Porter to permit a single detached dwelling on the lot described as Part of Lot 2, Concession 2 E.P.R., formerly in the Township of Oro, now in the Township of Oro - Medonte, being Part 2 on Plan 51 R- 38809. 3. THAT the Clerk prepares a By -law for Council's consideration to enter into a Site Plan Agreement with Catherine Porter. 4. THAT the Clerk prepare a By -law for Council's consideration to remove the Holding Provision from the lands described as Part of Lot 2, Concession 2 E.P.R., formerly in the Township of Oro, now in the Township of Oro - Medonte, being Part 2 on Plan 51 R- 38809. 5. THAT the Township of Oro - Medonte enters into a Site Plan Agreement with Mark Porter to permit a single detached dwelling on the lot described as Part of Lot 2, Concession 2 E.P.R., formerly in the Township of Oro, now in the Township of Oro - Medonte, being Parts 3, 4 & 5 on Plan 51 R- 38809. 6. THAT the Clerk prepares a By -law for Council's consideration to enter into a Site Plan Agreement with Mark Porter. 7. THAT the Clerk prepare a By -law for Council's consideration to remove the Holding Provision from the lands described as Part of Lot 2, Concession 2 E.P.R., formerly in the Township of Oro, now in the Township of Oro- Medonte, being Parts 3, 4 & 5 on Plan 51 R- 38809. 8. AND THAT the owner be notified of Council's decision. DEVELOPMENT SERVICES October 23, 2013 Report No. DS2013 -065 Page 1 of 8 Page 55 of 139 10.d) Report No. DS2013 -65, Andria Leigh, Director of Develo... BACKGROUND: The subject properties consist of two existing waterfront lots with the following characteristics: Application 2013 - SPA -14 applies to a lot that comprises 1.01 hectares (2.5 acres) of lot area with approximately 24.29 metres (78 feet) of frontage on Line 1 South and a lot depth of approximately of 253.5 metres (832 feet). Application 2013 - SPA -15 applies to a lot that comprises 1.24 hectares (3.06 acres) of lot area with approximately 61.13 metres (201 feet) of frontage on Ridge Road West and a lot depth of approximately of 285.39 metres (936 feet). The current lot configuration was created through Consent Applications 2009 -B -07 and 2009 -B -08 and the lands were the subject of a related Zoning By -law Amendment Application 2009- ZBA -05, all which were approved. The purpose of these applications was to facilitate the proposed development of the lands for single detached residential purposes. The owners must enter into Site Plan Agreements prior to the removal of the Holding Provisions from the zoning of the lands and issuance of Building Permits. Permits from the Lake Simcoe Region Conservation Authority are also required and the permits would regulate matters that would include prohibiting development during the breeding bird season. ANALYSIS: The applicant's agent has submitted site plans which propose to establish a single detached dwelling, boathouse, driveway and septic system on each of the two lots. The site plans propose building envelopes intended to minimize the amount of tree removal on the lots. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: N /A. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan The subject lands are designated Rural and Shoreline according to the Township's Official Plan designation. The permitted uses of these designations include single detached dwellings and it is an objective of the Shoreline designation to protect natural features of the shoreline area. DEVELOPMENT SERVICES October 23, 2013 Report No. DS2013 -065 Page 2 of 8 Page 56 of 139 10.d) Report No. DS2013 -65, Andria Leigh, Director of Develo... Based on the site plans submitted by the applicant, Staff is of the opinion that the applications conform to the Official Plan. Township of Oro - Medonte Zoning BV -law 97 -95 The subject lands are zoned Agricultural /Rural Exception One Hundred Thirty -three Holding Zone (A/RU *133)(H), Shoreline Residential One Hundred Thirty -three Holding Zone (SR *133)(H) and Environmental Protection Exception Two Hundred Fourteen Holding Zone (EP *214)(H). Consideration of the removal of the Holding Provision requires Site Plans which depict the building and septic envelopes, and areas of vegetation to be protected. The site plans submitted by the applicant identify these features. It is intended that the required permits from the Lake Simcoe Region Conservation Authority will include provisions to ensure that existing vegetation is protected during building construction. The proposed single detached dwellings in the SR *133 Zone and the proposed boathouses in the EP *214 Zone are permitted uses according to the Zoning By -law and the building envelopes identified on the applicant's site plans appear to comply with the Zoning By -law's setback provisions. CORPORATE STRATEGIC GOALS: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and county -like character Safe & Healthy Community — To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles Service Excellence — To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. CONSULTATIONS: No comments have been received as a result of circulation to Township Staff, the County of Simcoe or the Lake Simcoe Region Conservation Authority. ATTACHMENTS: Attachment 1: Location Map - Application 2013 - SPA -14 Attachment 2: Site Plan — Application 2013 - SPA -14 Attachment 3: Location Map - Application 2013 - SPA -15 Attachment 4: Site Plan — Application 2013 - SPA -15 DEVELOPMENT SERVICES October 23, 2013 Report No. DS2013 -065 Page 3 of 8 Page 57 of 139 10.d) Report No. DS2013 -65, Andria Leigh, Director of Develo... CONCLUSION: 71 These applications to construct a single detached dwelling and a boathouse on each of two existing lots constitute permitted uses and would comply with all requirements of the Official Plan and Zoning By -law. It is recommended that Site Plan Approval Applications 2013 - SPA -14 and 2013- SPA -15, and the Removal of the Holding Provisions applying to the subject lands, be approved. Resp ctfully submitted: Derek Witlib, MCIP, RPP Manager, Planning Services SMT Approval / Comments: C.A.A. Approval / Comments: DEVELOPMENT SERVICES October 23, 2013 Report No. DS2013 -065 Page 4 of 8 Page 58 of 139 10.d) Report No. DS2013 -65, Andria Leigh, Director of Develo... ATTACHMENT 1: LOCATION MAP 2013 - SPA -114 (Catherine Porter) DEVELOPMENT SERVICES Report No. DS2013 -065 October 23, 2013 Page 5 of 8 Page 59 of 139 ED cc O rn O O w M o < r- � z0 o � vm Z N i O W N O m m N N O_ D W D2 M M Z N �.. �m 0 r a �Z v O 0 obi �w �N o, a w W P,WTI IXPF NRURdl PLNi YB6'Me/ ,• PAR 1 COUNTY ROAD N0. ZD L.. COUNTY Rfl (m+aw+w RIDGE ROAD M1 �4 RlOGE SITE PLAN 'A' PART LOTS 1 & 2,CONCESSION 2 EP.R P CD .yrr;f•r TOWNSHIP OF ORO#AEDONTE OOUNTY OF SIMCOE mts v CD TOTAL LANDS anapxxb 0t" / LOT A' V6 - so"txsx �a ®PROPOSED BUILDING ENVELOPE Y per° / 5„• .,; r, �PROPOSED ORrvEwAVLOCAnoN PROPOSED GARAGE LOCATION (4 SAY) !1/ eaum•nwaarel PROPOSED BOATHOUSE LOCATION i. 11148 m'(bRia a'b / � TOP OF BANK (APPROXIMATE) 15m FROM TOP OF BANK ZONE BOUNDARIES a:rP't�alM A 1 0 CURRENT N O O 6A N 0 W 1 C-71 D r CD CQ CD n O O O CD G CD r oPaesKaNAnoN -0° 0 cuRRENrzaNmrG SITE PLAN 'A' � ®'" �' = '�.1"W=- "'�'• °� ° "° TOWNSHIP OF ORO- MEDONTE N O O 6A N 0 W 1 C-71 D r CD CQ CD n O O O CD G CD r 10.d) Report No. DS2013 -65, Andria Leigh, Director of Develo... ATTACHMENT 3: LOCATION MAP 2013 - SPA -15 (Mark Porter) DEVELOPMENT SERVICES October 23, 2013 Report No. DS2013 -065 Page 7 of 8 Page 61 of 139 ED cc rn N O W a m O < r- � zo O vm N z O ART 6 W � O m CO11 m OF N O_ W 0 V) _ im Cif z �� 'a m rt � r v D Z O+ O m w ao N o, o cow COUNTY ROAD N0. 20 COUNTY R vmnw .q RIDGE ROAD 'L RIDC dV' q p�'� / r •;z: rK PART LOTST & PCONCESSIQN 2 E.P.R �y. TOWNSHIP OF ORO- IvE70NTE Y � COUNTY OF SIMCOE G� 20t3 V � � TOTAL LANDS CD LOT B y2 PROPOSED BUILDING ENVELOPE a� PROPOSED DRIVEWAY LOCATION Q PROPOSED GARAGE LOCATION f48AY) I PROPOSED BOATIiOU*.�E LOCATION /,r/ � Il�ae m'ItH16 fl7 TOP OF RANI( (APPRO%tM4TE) kY 15m FROM 70P OF BANK ZONE BOUNDARIES � GTAME - as cuaaENr OF O Q N O O A CDN O W 1 O Q r In (Q- CD 0 r-r O O O CD G CD r DESIGNATION R' CURRENT ZONING SITE PLAN 'B' /� urd every ve n..rMnm �awnaM� /�/�' /J -- -- —•- - — �• f /f TOWNSHIP OF ORO- MEDONTE \L O Q N O O A CDN O W 1 O Q r In (Q- CD 0 r-r O O O CD G CD r 10.e) Report No. CS2013 -22, Doug Irwin, Director of Corporat... Township of REPORT ' Proud Heritage, Exciting Future Report No. To: Prepared By: CS2013 -22 Council Curtis Shelswell, Chief Municipal Law Enforcement Officer Meeting Date: Subject: Motion # October 23, 2013 Municipal Law Enforcement Occurrence Report July — September 2013 Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. That Report No. CS2013 -22 be received for information. BACKGROUND: 71 The Municipal Law Enforcement Division is responsible for ensuring the enforcement and compliance with the Township's municipal by -laws and related legislation including several Provincial Statutes. A portion of the division's responsibilities include the inspection and issuance of pool fence permits and sign permits. The review and issuance of consumer fireworks permits and display fireworks permits. The Division is also responsible for the inspection and issuance of all Kennel Licenses and to inspect and provide comments with respect to the issuance of all Campgrounds, Firework Vendors, Refreshment Vehicles, Tow Truck Companies, Tow Truck Vehicles and Tow Truck Drivers Licenses. The definitive goal of the Municipal Law Enforcement Division is compliance. This is achieved through the appropriate use of discretion, issuance of warnings, served correspondence, and if necessary; the charging and prosecution of offenders. It has been the goal of the division to enhance public interaction while still maintaining a superior level of compliance throughout the Township. Occurrences created proactively or through complaints are investigated by the Township's Municipal Law Enforcement Officers (MLEO's) and followed up within a timely manner to ensure compliance has been met. In many cases this involves working with fellow departments such as Development Services and the Fire Department. Corporate Services October 23, 2013 Report No. CS2013 -22 Page 1 of 7 Page 63 of 139 10.e) Report No. CS2013 -22, Doug Irwin, Director of Corporat... The Division has recently taken on the role of managing the contracted Township crossing guards. The Division will work closely with the crossing guards to ensure the safety of the children is first and foremost. ANALYSIS: In the third Quarter of 2013, the Municipal Law Enforcement Division incurred a total of 477 Occurrences. The following illustrates the total number of occurrences received by the Municipal Law Enforcement Division and summarizes the methods of creation and outcomes. TABLE 1 03: July — Sept. Year to date Total Occurrences 477 1382 Proactive Response 213 679 Reactive Response 264 703 Warnings Issued 241 549 Part I Charges 11 31 Part II Charges 233 468 'Part III Charges 2 4 " "Canines Impounded 13 27 "Part I charges refer to "Offence Notices" served on the defendant and provides the defendant with options of either paying a fine, pleading guilty with an explanation or requesting a trial as per the Provincial Offences Act. *Part lI charges refer to certificate of parking infractions served by affixing the ticket in a conspicuous place on the vehicle or served personally to the person having care and control of the vehicle as per the Provincial Offences Act. 'Part III charges refer to Informations sworn before a Justice of the Peace and then served upon the defendant as per the Provincial Offences Act. The defendant is summoned to appear in court and has the opportunity to enter a plea of guilty or not guilty. Corporate Services October 23, 2013 Report No. CS2013 -22 Page 2 of 7 Page 64 of 139 10.e) Report No. CS2013 -22, Doug Irwin, Director of Corporat... * * ** *Canines Impounded refers to canines which have been apprehended by Municipal Law Enforcement staff and impounded at the Orillia OSPCA located at 565 West St. South in the City of Orillia. The following table illustrates the legislation to which the occurrences are governed. ' : 4WA The following table compares the Total Occurrence's from 2012 -2013 by month. TABLE 3 Q3: July — Sept. Year to date Total Occurrences 477 1382 Canine Control 2011 -177 144 385 Signs 2010 -075 51 210 Clean & Clear 2010 -076 65 194 Zoning 97 -95 12 36 Parking 2012 -168 115 319 Towing By -Law 2012 -143 7 28 Other 83 210 The following table compares the Total Occurrence's from 2012 -2013 by month. TABLE 3 During the third quarter, the Division commenced door to door canvassing for 2013 dog tags; to this point, the door to door sales have increased both compliance and awareness with the Canine Control By -law. Table 4 below illustrates the compliance for the past four years. Corporate Services Report No. CS2013 -22 October 23, 2013 Page 3 of 7 Page 65 of 139 2013 2012 July 206 110 August 172 170 September 99 121 During the third quarter, the Division commenced door to door canvassing for 2013 dog tags; to this point, the door to door sales have increased both compliance and awareness with the Canine Control By -law. Table 4 below illustrates the compliance for the past four years. Corporate Services Report No. CS2013 -22 October 23, 2013 Page 3 of 7 Page 65 of 139 10.e) Report No. CS2013 -22, Doug Irwin, Director of Corporat... TABLE 4 Year Tags Sold 2013 (Jan. -Oct. 16/13) 1674 2012 1528 2011 1635 2010 1498 The following table shows the total number of Licenses issued by the Licensing Officer: TABLE 5 Q3: July — Sept. Year to Date Kennel 1 16 Firework Vendor 0 6 Campground 2 2 Refreshment Vehicle 1 2 Tow Truck Company 1 11 Tow Trucks 2 26 Tow Truck Driver 1 24 The following table illustrates the total number of permits issued by the Division. TABLE 6 03: July — Sept. Year to Date Sign 1 7 Pool Fence 8 27 Display Fireworks 3 8 Consumer Fireworks 0 2 Corporate Services October 23, 2013 Report No. CS2013 -22 Page 4 of 7 Page 66 of 139 10.e) Report No. CS2013 -22, Doug Irwin, Director of Corporat... At its meeting on October 24, 2012, Council enacted By -law No. 2012 -181, a By -law to Provide for Permit Parking on Highways and Other designated areas within the Township. By -law No. 2012 -181 sets out that all individual parking at Bayview Memorial Park, Line 9 Boat Launch, Carthew Bay Boat Launch, Shanty Bay Boat Launch and the Shanty Bay Wharf are required to have a residence pass, annual permit or a day use pass 7 days a week commencing the Saturday of Victoria Day weekend to Labour Day inclusive, in each year. As a result of these changes the Division hired 3 seasonal staff to assist with the enforcement of parking throughout the above noted months. Staff ensured coverage 12 hours per day, 7 days per week during the noted period. Table 7 illustrates the weekday enforcement of the above -noted areas throughout the summer of 2013 compared to the previous year. In the first year staff recognized the need to ensure the public is educated on the recent changes, accordingly not all infractions were ticketed. The following table illustrates the tickets issued due to the change to the Permit Parking at the 5 locations. TABLE 7 LOCATION 2013 (Weekday) 2013 2012 Bayview Memorial 53 Line 9 Boat Launch 25 Carthew Bay Boat Launch 27 Shanty Bay Boat Launch 28 Shanty Bay Wharf 17 Total 150 409 324 FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Not Applicable POLICIES /LEGISLATION: It is the general practice of the Municipal Law Enforcement Division to ensure all individuals are treated fairly, equitably and with respect. The Chief Municipal Law Enforcement Officer oversees the conduct of Municipal Law Enforcement staff and ensures all occurrences are dealt with in an ethical manner. Corporate Services October 23, 2013 Report No. CS2013 -22 Page 5 of 7 Page 67 of 139 10.e) Report No. CS2013 -22, Doug Irwin, Director of Corporat... Legislation which is frequently enforced by the Municipal Law Enforcement Division includes but is not limited to: ➢ Township of Oro - Medonte By -Law No. 2011 -177 (Canine Control) c A By -Law to regulate, license and control canines ➢ Township of Oro - Medonte By -Law No. 2010 -075 (Signs) o A By -Law to Regulate Signs and other Advertising Devices Township of Oro - Medonte By -Law No. 2010 -076 (Clean and Clear) o A By -Law to provide for maintaining of land in a clean and clear condition ➢ Township of Oro - Medonte By -Law No. 97 -95 as amended (Zoning) o A By -Law to implement the policies of the Township of Oro - Medonte Official Plan. Township of Oro - Medonte By -Law No. 2012 -168 (Parking) o A By -Law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the Corporation of the Township of Oro - Medonte Township of Oro - Medonte By -Law No. 2012 -143 as amended (Towing) o A By -Law to License and regulate Towing Companies, Tow Truck Owners and tow Truck Drivers. Other By -Laws refers to Legislation that is not often received by the Division. CORPORATE STRATEGIC GOALS: ➢ Service Excellence o Review corporate by -law enforcement procedures ➢ Safe and Healthy Community o Promoting a safe and secure environment Quality of Life o Review by -laws that affect the health and viability of local businesses CONSULTATIONS: 71 ➢ Director of Corporate Services /Clerk ATTACHMENTS: Not applicable Corporate Services Report No. CS2013 -22 October 23, 2013 Page 6 of 7 Page 68 of 139 10.e) Report No. CS2013 -22, Doug Irwin, Director of Corporat... CONCLUSION: The division strives to maintain transparency in all practices, beliefs and activities. This effort instills trust in the community we serve and each other. Respectfully submitted: Curtis Shelswell Chief Municipal Law Enforcement Officer SMT Approval / Comments: C.A.O. Approval / Comments: Corporate Services Report No. CS2013 -22 October 23, 2013 Page 7 of 7 Page 69 of 139 10.f) Report No. CS2013 -23, Doug Irwin, Director of Corporat... Township a, f�- REPORT Proud Heritage, Exciting Future Report No. CS2013 -23 To: Council Prepared By: Janette Teeter Meeting Date: October 23, 2013 Subject: Closed Meeting Investigator Appointment for 2014 and 2015 Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. CS2013 -23 be received and adopted. 2. That the Township of Oro - Medonte continue to participate in the agreement between the County of Simcoe and JGM Consulting for closed meeting investigation services for 2014 and 2015. 3. That the applicable by -law be brought forward for Council's consideration. 4. And That the County of Simcoe be advised of Council's decision under the Director of Corporate Services /Clerk's signature. BACKGROUND: Section 239.1 of the Municipal Act, 2001, as amended provides: Investigation 239.1 A person may request that an investigation of whether a municipality or local board has complied with section 239 or a procedure by -law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public be undertaken, (a) by an investigator referred to in subsection 239.2 (1); or (b) by the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed an investigator referred to in subsection 239.2 (1). Since 2008, The County of Simcoe has entered into an agreement with JGM Consulting for the provision of closed meeting investigator services and invited member municipalities to participate in a joint arrangement for these services. To date, the Township of Oro - Medonte has participated in this service. Corporate Services — Clerk's Dept. Report No. 2013 -23 October 23, 2013 Page 1 of 3 Page 70 of 139 10.f) Report No. CS2013 -23, Doug Irwin, Director of Corporat... At its regular meeting held October 8, 2013, County Council adopted a recommendation to appoint JGM Consulting as the County's Closed Meeting Investigator for a further two (2) year term (2014 and 2015). The by -law formalizing the agreement to appoint JGM Consulting to provide closed meeting investigation services to the County of Simcoe and member municipalities for a two year period is expected to be considered at County Council on Tuesday, November 26, 2013. At the end of 2013, the current agreement expires; accordingly it is in order that consideration be given to the provision of the services. The Clerk's staff at the County have requested the necessary approvals in order to confirm with JGM Consulting the number of participating member municipalities (Attachment #1). ANALYSIS: Per Item Number CCW13 -033 (Attachment #2) presented at the County's Performance Management meeting dated September 24, 2013, "consideration was given to a number of factors including experience and knowledge acquired through conducting investigations, familiarity with the local governance structures, client base, feedback related to level of services, the provision afforded by existing investigator to make inquiries and obtain advice at little or no extra charge, and lastly, overall cost ". Therefore, in accordance with Item Number CCW 13 -033, staff recommend that the Township of Oro - Medonte continue to participate in the agreement between the Corporation of the County of Simcoe and JGM Consulting for closed meeting investigation services for 2014 and 2015. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Per the County, JGM Consulting has confirmed that there would be no changes to their rates for the years 2014 and 2015. The County will pay the retainer for JGM Consulting for all participating municipalities. In the event the Township is subject to a closed meeting investigation, in accordance with the Act, any costs related to an actual investigation would be borne by the Township of Oro - Medonte. Per County staff, total costs would vary depending on the nature and complexity of the investigation. JGM Consulting's hourly rate for investigation services is $100.00 plus expenses. POLICIES /LEGISLATION: Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 239.1 and 239.2. Corporate Services — Clerk's Dept. Report No. 2013 -23 October 23, 2013 Page 2 of 3 Page 71 of 139 10.f) Report No. CS2013 -23, Doug Irwin, Director of Corporat... CORPORATE STRATEGIC GOALS: Financial Stewardship External Relations CONSULTATIONS: None. ATTACHMENTS: Attachment #1 - Correspondence dated October 10, 2013 from Amanda Flynn, Deputy Clerk, County of Simcoe re: Closed Meeting Investigator. Attachment #2 - County of Simcoe, Committee of the Whole, Performance Management — Clerk's, Item Number: CCW 13 -033. CONCLUSION: It is recommended that the Township of Oro - Medonte continue to participate in the agreement between the Corporation of the County of Simcoe and JGM Consulting for closed meeting investigation services for 2014 and 2015. Respectfully submitted: Janette Teeter Deputy Clerk Corporate Services — Clerk's Dept. Report No. 2013 -23 C.A.O. Approval / Comments: October 23, 2013 Page 3 of 3 Page 72 of 139 10.f) Report No. CS2013 -23, Doug Irwin, Director of Corporat... WAa,(A.r,,e A * i From: Kenwell, Pam jmailto:Pam.Kenwell @simcoe.ca] Sent: Thursday, October 10, 2013 11:10 AM To: Almas, Sara; Bryce, Holly; Daly, John; Fay, Andrea; Fettes, Pamela; Irwin, Doug; Kane, Barb; Luker, Doug; McCarroll, Cheryl; McKinnon, Janice; Murphy, Rebecca; Plunkett, Andrew; Reynar, Jason; Sander, Bonnie; Thomas, Alison; Twyla Nicholson Cc: Flynn, Amanda Subject: Closed Meeting Investigator ATTENTION: SIMCOE COUNTY MUNICIPAL CLERKS At its regular meeting held October 8th, County Council adopted the following motion adopting the appointment of JGM Consulting as the County's Closed Meeting Investigator for a further two (2) year term (2014 and 2015): Closed Meeting Investigator THAT the necessary by -law be presented to County Council to authorize the Warden and Clerk to execute an agreement with JGM Consulting for the provision of closed meeting investigator services, for a two year period, as outlined in Item CCW 13 -033; AND THAT the member municipalities be invited to participate in a joint arrangement for closed meeting investigator services as outlined in Item CCW 13 -033. Given that County Council does not meet in December, we are planning to have the by- law formally authorizing the agreement with JGM Consulting put forward for adoption by Council on Tuesday, November 26thth Should your municipality wish to participate in the joint arrangement for closed meeting investigation services (with the County), it would be appreciated if you would seek the necessary approvals at your earliest opportunity and advise the County Clerk's department accordingly by no later than Friday, November 15th, so that we can finalize the appendix to the agreement and confirm with JGM Consulting the number of participating member municipalities. We look forward to hearing from each of you, confirming whether or not you will be participating in the joint arrangement. Amanda Flynn Deputy Clerk County of Simcoe, Clerk's Department 1110 Highway 26, Midhurst, Ontario LOL 1X0 705 - 726 -9300, Ext. 1200 Fax: 705 - 725 -1285 E -mail: amanda.flynn @ simcoe.ca Page 73 of 139 10.f) Report No. CS2013 -23, Doug Irwin, Director of Corporat... C COUNTY OF J1MCOE COUNTY OF SIMCOE a "' To: COMMITTEE OF THE WHOLE Section: Performance Management — Clerk's Item Number: CCW 13 -033 Meeting Date: September 24, 2013 Subject: Closed Meeting Investigator Services Recommendation: THAT the necessary by -law be presented to County Council to authorize the Warden and Clerk to execute an agreement with JGM Consulting for the provision of closed meeting investigator services, for a two year period, as outlined in Item CCW 13 -033; AND THAT the member municipalities be invited to participate in a joint arrangement for closed meeting investigator services as outlined in Item CCW 13 -033. Executive Summary: In the fall of 2011, Council granted approval to enter into an agreement with JGM Consulting for the provision of closed meeting investigation services for the years 2012 and 2013. As the contract with JGM Consulting is due to expire January 1, 2014, it is being recommended that the County renew its contract with JGM Consulting for closed meeting investigation services for a two year term. Background/Analysis /Options: In 2008, amendments were made to the Municipal Act to include provisions for municipalities with regard to increased openness and transparency. As a result, Section 239.1 of the Municipal Act, 2001 (the "Act ") was established to allow any person the opportunity to request an investigation into whether a municipality or local board has complied with Section 239 of the Act, or a procedure by -law under subsection 238(2) with respect to the closing of a meeting or part of a meeting to the public. Pursuant to the Act, such investigations are to be undertaken, (a) by an investigator referred to in subsection 239.2(1); or (b) by the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed an investigator referred to in subsection 239.2(1) In response to this new requirement, Council granted approval, in 2008, for the County to enter into a contract with JGM Consulting for the provision of closed meeting investigation services. To assist its Page 74 of 139 10.f) Report No. CS2013 -23, Doug Irwin, Director of Corporat... September 24, 2013 Committee of the Whole CCW 13 -033 Page 2 member municipalities, an offer to participate in a joint arrangement was extended to the member municipalities. Under the joint arrangement, the County would pay the cost of the annual retainer on behalf of each of the member municipalities that opted to participate and each participating member municipality would then be responsible for the costs associated with any closed meeting investigation (s) related to their respective municipality. During 2008 and 2009, fourteen (14) of the member municipalities opted to participate in the joint arrangement. Upon the renewal of the contract with JGM Consulting for 2010 and 2011, fifteen (15) member municipalities participated in the joint arrangement. In late 2011 with the existing contract due to expire, a Request for Quotes process was carried out. Two quotes were received, one from JGM Consulting and one from Local Authority Services Limited. The services of the Office of the Ombudsman were also considered. Based on the options and information presented, County Council authorized entering into an agreement with JGM Consulting for a further two year period (2012 and 2013). Twelve (12) member municipalities participated in the joint arrangement during this time period. With the existing contract, once again, due to expire at the end of 2013 and as part of our regular process, informal inquiries have been made with the member municipalities to see if there may be continued interest in a joint arrangement. At the time of writing this report, eleven responses had been received and all eleven expressed an interest in being part of a joint arrangement (subject to the approval of their Council). In assessing the closed meeting investigation service options, consideration has been given to a number of factors including experience and knowledge acquired through conducting investigations, familiarity with the local governance structures, client base, feedback related to level of service, the provision afforded by existing investigator to make inquiries and obtain advice at little or no extra charge, and lastly, overall cost. Accordingly, it is being recommended that Council consider the renewal of the contract with JGM Consulting for the provision of closed meeting investigation services, for a further two year period (being 2014 and 2015) under the same terms and conditions of the existing agreement. It is further recommended that staff be authorized to invite the member municipalities to participate in a joint arrangement for such services, subject to approval by their respective Councils. It should be noted that that it remains the decision of each member municipality whether or not they wish to participate in the joint arrangement. Financial and Resource Implications: JGM Consulting has confirmed that there would be no changes to their rates for the years 2014 and 2015. The annual cost to the County under the joint arrangement is contingent upon the number of member municipalities that choose to participate. The County's portion of the annual retainer is $1,000 plus $300 for each participating member municipality. Should the same number of member municipalities participate in the joint arrangement as that which participated over the past two years, the annual cost to the County would be $4,600 (plus applicable taxes). Costs related to this service have been accounted for in the operating budget. Any costs related to an actual investigation would be borne by the municipality being investigated. Such costs vary depending on the nature and complexity of the investigation. JGM Consulting's hourly rate for investigation services is $100.00 plus expenses. Page 75 of 139 1O.f) Report No. CS2O13 -23, Doug Irwin, Director of Corporat... mber 24, 2013 Committee of the Whole CCW 13 -033 Relationship to Corporate Strategies: Responsive and Effective Governance: Promote collaboration amongst municipal partners to share knowledge, identify efficiencies, and derive cost savings. Reference Documents: There are no reference documents associated with this Item. Attachments: There are no attachments associated with this Item. Prepared By: Amanda Flynn, Deputy Clerk Approvals: Date Brenda Clark, County Clerk September 6, 2013 Trevor Wilcox, General Manager, Corporate Performance September 10, 2013 Mark Aitken, Chief Administrative Officer September 12, 2013 Page 76 of 139 10.g) Report No. DS2013 -66, Andria Leigh, Director of Develo... Township of REPORT�'I Proud Heritage, Exciting Future Report No. To: Prepared By: DS2013 -066 Council Andria Leigh, Director, Develo ment Services Meeting Date: Subject: Motion # October 23, 2013 Certificate of Substantial Completion and Acceptance Roll #: R.M.S. File #: (Municipal Underground D12 7313 Services) for 2189952 Ontario Limited (Houben), Registered Plan M -952 -Phase 2 RECOMMENDATION(S): Requires Action X I For information Onlyn It is recommended that: 1. THAT Report No. DS2013 -066 be received and adopted; 2. THAT the Township issue the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Phase 2, Registered Plan 51 M -952 Houben Subdivision for 2189952 Ontario Limited dated October 18, 2013; 3. THAT the Clerk bring forward the appropriate By -law for Council's consideration; and 4. THAT the Developer be notified of Council's decision. BACKGROUND: The Developer entered into a Pre - Servicing Agreement with the Township in August 2009 (2009 -104) to permit the construction of the base roads, drainage works including the stormwater management pond, and the installation of electrical and secondary utilities. The Developer has proceeded with the completion of these works which were inspected by AECOM. The Township entered into a Subdivision Agreement in February 2010 (By -law 2010 -041) for the construction of the Houben development which consisted of a total of 25 residential lots which are serviced by private wells and private sewage disposal systems. In May 2010, Council through By -law 2010 -090 issued the Certificate of Substantial Completion (Municipal Underground Services) for Phase 1 of the Houben Subdivision. ANALYSIS: In accordance with the Subdivision Agreement, the developer has completed the majority of the underground services which were inspected by the Township's Engineer on October 17, 2013 and found to be generally acceptable with the exception of the deficiencies noted in AECOM's DEVELOPMENT SERVICES October 23, 2013 Report No. DS2013 -066 Page 1 of 7 Page 77 of 139 10.g) Report No. DS2013 -66, Andria Leigh, Director of Develo... Construction Status report dated October 17, 2013 (Attachment #2). On this basis, AECOM is now recommending the issuance of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Phase 2 (Attachment #1). With the issuance of the Certificate for Phase 2, the Developer's two (2) year maintenance period will begin in accordance with the terms and conditions of the subdivision agreement. In regards to the outstanding deficiencies, the Township continues to hold securities to ensure the completion of the outstanding works. Section 8.2. (ii) of the Subdivision Agreement states that: The approval of the Plan by the Township, or the acceptance by the Township of the works, shall not be deemed to give any assurance that the Building Permits, when applied for, will be issued in respect of the lots or blocks shown on the Plan. Notwithstanding the foregoing, no Building Permits will be given and the Chief Building Official may refuse any application until: (ii) The Storm Water Management System and Waterworks have been installed, tested and approved by the Township Engineer and he has issued his Certificate of Substantial Completion and Acceptance (Municipal Underground Services). With the issuance of the Certificate (By -law 2013 -204) by Council, the building permits for Phase 2 can now be considered provided they are in compliance with the additional subdivision agreement requirements and subject to the required lot grading. approvals. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: N/A POLICIES/LEGISLATION: Planning Act CORPORATE STRATEGIC GOALS: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and country-like character and by providing opportunities that encourage community participation in activities and recreational programs. Safe & Healthy Community — To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. CONSULTATIONS: AECOM DEVELOPMENT SERVICES October 23, 2013 Report No. DS2013 -066 Page 2 of 7 Page 78 of 139 10.g) Report No. DS2013 -66, Andria Leigh, Director of Develo... ATTACHMENTS: Attachment #1 — Certificate of Substantial Completion and Acceptance (Municipal Underground Services) Attachment #2 — AECOM Construction Status Report dated October 17, 2013 CONCLUSION: The above noted certificate for the Houben subdivision (2189952 Ontario Limited) for Phase 2 is in compliance with the subdivision agreement and therefore the issuance of the certificate is considered appropriate. With the issuance of the Certificate for the Underground Works, the required two year maintenance period will begin. Respectfully submitted: Andria Leigh, MCIP, PP Director of Development Services SMT Approval / Comments: CC..A� .O. Approval / Comments: DEVELOPMENT SERVICES October 23, 2013 Report No. DS2013 -066 Page 3 of 7 Page 79 of 139 10.g) Report No. DS2013 -66, Andria Leigh, Director of Develo... Attachment #1 ACOVI AGcom 55C- * Pik DA., WW 620 7057219222 kl eanie, ON; C—d. TAN SR7 705 734 0764 Ex �emv,mxsm.cont TOWNSHIP ENGINEERS CERTIFICATE OF SUBSTANTIAL COMPLETION AND ACCEPTANCE (MUNICIPAL UNDERGROUND SERVICES► MUNICIPALITY Township of Oro- Medonte PROJECT Houben Subdivision Phase 2 Plan 61 M - 952 DEVELOPER 2189952 Ontario Limited FILE NO. 60118283 (43T- 94003) Description of the Works: • Road dossing culverts, road ditches and drainage ditch located between Lots 24125 and 18119 in the Houben Subdivision Phase 2; We, AECOM, notify the Municipality that the above mentioned works were inspected on October 18, 2013 and to the best of our knowledge and judgement, are complete in accordance with the Subdivision Agreement except for the deficiencies below: Items listed in AECOM Construction Status Report dated October 18, 2013 We hereby accept these works for use and operation by the Municipality subject to the rectification of the above noted deficiencies and to the rectification of any further deficiencies that may become apparent during the maintenance period and to the maintenance that is require by the Subdivision Agreement and its Amendment. The date of Substantial Completion and Acceptance {Municipal l}ffde�r`cand Services) is established by the Certificate as of October 18, 2013. /J Date: 003 Signature .rur,cates DEVELOPMENT SERVICES Report No. DS2013 -066 October 23, 2013 Page 4 of 7 Page 80 of 139 10.g) Report No. DS2013 -66, Andria Leigh, Director of Develo... Attachment #2 ra Township of Oro- Medonte Construction Status Report ---Ale -_ "__ _ Houben 3ubdivlslon Phase 2 Number. 92- 81022 -80 ( 60118283) C. C. Tatham & Aseociales Ltd. (705).325 -1753 _ Contractor. Moms Shelswell 8 Sorts _ October 17,2073 -- - ReIStered Plan 51 M•952 - START OF UNDERGROUND WORKS '. _1 Yes I No pate Completed and Comments allteff Co ola sift fence installed and maintained rock check dams installed and maintained ✓ dearth works can eted storm oulfall works completed _ access road constructed - -- _ - - pond fencin9 Completed with gate Rondtopsaill 1. landscaping completed .__. _.. ....._ Pond survey submWad.. .. _.... ___ ...._„ pond volume calculations submitted - nd ceNfication b Engineer pipe installled-. . _ - - - Individual septic systems. pipe bedding aummaNlacoeptance repod _ _ —_ backfill to sumrrrery maintenance hales InsPad_edlapproved - be Inspected top of Precast 0,3m below finlahgrade - "- " "- Inspection submitted for review -- videolnepecton reviewed /approved fiushi of sewer for final acceptance -- - - - _ -- service record sheeIa Storm a _ ....__. -.. _._...... pipe installed i ,beddi summary lac oeptance report back fill testsumma /acceptance rt maintenance holes inspectedlapproval _- benching inspected tc cf Precast 0.3m below finish grade video inspection submitted for review - - - video ins ectloh revlewed_!approved 8ushingofsewarforfinalaccaptance -- -- service record sheets road cr ssing culverts installed Subdivision: Fs Ineer: Date: I 21 1 - 2) 3 _4Z 5 6 8). 9 10 1 ) 2) 3 4 5) 6 7 ivideo 8) __9L 90) _ . ?) 2 3 4 5 61 7 8 9) 10 91 Inspectors Name: 1 Project Manager: DEVELOPMENT SERVICES Report No. DS2013 -066 October 23, 2013 Page 5 of 7 Page 81 of 139 10.g) Report No. DS2013 -66, Andria Leigh, Director of Develo... Attachment #2 (cont.) Towfesh6p of Oro-EUledonte Construction Status Re ort - —. Subdivision; Houben 8ubdlvtstoa PPhase 2 .� File Number: 12- 9102280 (80118283) Engineer. C. C. Tattram 8 Associates Ltd. OS 325 -1753 Contractor: Morrie Shelswell &Sons - -" Date: October 17, 2013 - i Regrsiemd Plan 51M -�J52 - _. START OF UNDEROROUNDW RK - _- -.--Yes No Date Completed and Comments atermat IndWltival wells, -- -- - - --- -__ -. _. - - ----- - - - --- _ - -- - " - X I)_ _2L 3 4 pipe installed pipe ,bedding acceptance report backfill testing acceptance re rt — by pass _stalled and inspected pressure testing confirmed by AECOA4 5) - 6 s ste chlorinated m potable water sampiea received by AECOM Is -pass removed e) -- 9 tracerwire - attached to h­- - cogtlnuity _ hydrant - water flow charts submitted — 19) _..- 11 12 end cam painted barrelspainted to 7wp spec. _ markers installed sample stations Inspection completed En 9l curb box inspection cerfiFlcaticn En inears valve & hydrant ins coon certification 13 14 service record sheets 11L hydro crosaingg completed 2) 3 ben works rxxnrleted hydro works completed 4 aheell his installed 5)__ sneelllghte energized 6 certification from electrical consultant $ - X - ` - - -... ".` .._.. ..... - - - - -- -` ` - October, 18, 2073. -- PERIOD FOR UNDE" " . D O KS - 7 8 yes works complefed - as- constructed lnfRffn 0 nb -electrical consultant As- Constructed (Un�graroun�WOrksl _ ) as-oonstructed information submitted and a r voad b AECOM Certificate of S. C. & A Underground Issued ✓ E D OF MAINTENANCE Yes No Date Completed and Comments - 1 SWM Pond dean out prior to end of maintenance, - - - -" - �- - 1 "ffushlng Sanitary Sewer of sewer 2 video In n submitted for review vfdeo inspection reviewed /approved 3 "'- - -- X 2) 3) video inspection submitted for _view video ins ectlon reviewed! roved 1 Watermain curb —stop inspecUomb AECOM 2) valve & hydrant inspection by AECOM Certificate of M. & F. A. Underground Issued Inspectors Name: J 2. DEVELOPMENT SERVICES Report No. DS2013 -066 Project Manager. i '� October 23, 2013 Page 6 of 7 Page 82 of 139 10.g) Report No. DS2013 -66, Andria Leigh, Director of Develo... Attachment #2 (cont.) Township of Oro- Medonte Construction Status Report Subdivision Hoution Subdivision Phase 7 - _ file Number. 97.91022 -50 (80118283) _ - En Ineer: C. C Tatham & Associates Ltd. (705) 325 -1753 Contractor. Morris Sheiswell & Sons Dale: Odober 17, 2D13 - Registered Plan 51M -952 ST T OF W KS - 8JOVEGROUND Road Works - -.._ Yes No Date Completed and Comments 1Z 2 sub grade rolled h AECOM ✓ - .._..._ _... -`- %-- -- Completed on October 15, 2013. X -- _ X X ✓ _.__. _- _. X ----- _. X x - _ -- -- - X X % __..... ..... _. .. ._. ._.... _- ... X. _. X FOR AB VE -" ORKS suhgrade elevations confirMed by Engineer sub - drains Installed - suo r� ads. -under curb .._ _ditch ranularteeied by Sc its Consultant ranular'B" compaction r o its to AECOM 3- 4 5) 9— ranular "A" rmm odor orte to AECOM 7 8j 0 _ h dic nassings installed - connote curbs com feted 'curbs Ins acted 'for tot lift as halt mncrefe tested 1y Sole Consultant -- _- base aspbaitptaced ____ 10 19 12 • s' ha e- street identification - - -,..__. _._... 81 - road n.t assumed _ _ — - - no exk _ dead-end ban'icades and slgnage drivewa aprons paved sidewalks nom feted 13 L4L 15 18 17 sidewalks Inspected by AECOM boulevard to aollandsodded /seeded _ 18 base asphalt inspected_by AECOM_.. - -- top Iltt Mm" completed 19) Miscellanies Works. walkways completed 1� 2 ark works completed __.._. fencing completed - boundary _....._ _walkways- _._.— park Boundary Marker Post �_..I. Certificate of $. C. & A. Aboveground Issued ND OF taA1NTENANCEPERIOD _ --'-'— Yes No Date Completed and Comments Gene X - -` ' -_ -_ -- - - X - -- - - X "- X X - .......- ... ._ X - - "- - "" - -- -- X - - -- - -- X -" - - -` 1 bee planting in boulevard - -- - pond landscaping inspection by AECOM fencing inspection by AECOM _ 2) 3) Ifinal 4 loi grading certifldetion OLS certiflcatfon for monuments curb box inspection by AECOM valve & hydrant Ins action by AECOM final ins ion -light standards - .... _..__- -transformers utilitY boxes 5 8) 7) 7) 8 9 top lift asphalt Ins ctfonby,AECOM curb inspection. by AECOM sidewalk inspection b AECOM boubvartlsinspectlonbyAECOM - as- constructed information submittedand 10) 11 12 13 Certificate a roved lb AECOM of M. & F. A. Aboveground Issued Inspectors Name: 2 / DEVELOPMENT SERVICES Report No. DS2013 -066 Jam°:_ October 23, 2013 Page 7 of 7 Page 83 of 139 12.a) Announcements of Interest to the PublicTrinity Communi... TMNM COMMUNCTY CH[7BCH CUMWrMAS B"A" ri EWEt 9-." - sow Trite Co,omnnky Chu& l.00A''ION= Lhnt 7 Sky"M beddc the 0' IlrownsWP BaA'ng 1roem& A."M the tie re ntax wM be Wk9 to Trh ty yON& CMW ft M. FEATMING: woedworkhng Wdtted 900& jewdury bandmpdc cards Candks chriw=m craft And mndt mare. V "F T"LF - MGM LUNCH � � 1 V � flpOTt MORE ] N,.0jt viA R0N FI EASE CONTACT JUDY AT 705 487- -3100 110M TO WE YOU THIM "Y Page 84 of 139 v 00 cn 0 CA) co N D 0 0 3 0 cn O 0 I 0 O zT 0 T c `G C� O 3 3 MP -r-Aft v 00 0 W NEED A FLU SHOT? fo s The H uronia Nurse Practitioner Leditlinic is hosting a number off I u clinics + RWednesda evenings from 4-7p.m. Where: 3331. Line 4 North off Horseshoe Road VNh � Valley ) Wren: October 30, November 6, 1310 20 and 27 No appointment needed. A valid Ontario Health Card is required. N D 0 3 0 Cn 0 CD 0 zT M T 0 3 3 13.a) Correspondence dated October 8, 2013 from Bryan Stokes... 2187459 ONTARIO LTD. 74 School House Road, Hawkestone, ON LOL 1TO 3200 Lloydtown-Aurora Road, King, Ontario L76 OG3 October 8, 2013 Township of Oro- Medonte 148 Line 7 South Oro, Ontario LOL 2X0 RECO OCT i i 7013 ORO- MEDONTE TOWNSHIP Delivered Via Regular Mail Copy by Email: dirwin@oro- medonte.ca Attn: Mr. Doug Irwin, Director, Corporate Services / Clerk Dear Mr. Irwin; RE: 74 School House Road and adiacent lands. We are the property owner of 74 School House Road, Hawkestone. We have recently contacted you to discuss the process by which we may examine the possibility to purchase some property adjacent to our Hawkestone location. The property is currently owned by the Township. You have advised us of the Township's informal process, which begins with our express intent and request for a review. Accordingly, please consider this as notice of our intent. We have enclosed payment of the Request Fee in the amount of .$250.00, together with a redlined aerial photograph as approximate representation of the property of interest, as well as a current survey of the Township's parcel. We thank you for your consideration of our request, and we look forward to receiving further information about this process. Yours very truly, 2187459 ONTARIO LTD. Bryan P. Stokes Manager — Legal Services Direct: 1- 800 - 263 -2076 Ext. 239 Email: bstokes @priestly.ca Encls. Page 87 of 139 n 3 � � ©© 3� e � 1� ,, �`'" .. } , ;a �' >� ,, � a I' . .. t, 4,� , \'i 4*'*. .. �. �� ":. i '. 1.4� W� . �� �� , V cn 00 (.0 O h 'W W PLAN OF 91WiEY OF PART OF LOT 20 AND 21, CONCESSION 10, TOWNSHIP OF ORO— MEDONTE COUNTY OF SIMCOE METRIC MONUMENTATION NOTE LEGEND _ ME "nio� mr x i'- LOT I 24 s°' cervc[� ry PnNf PUN +'rN-sa7?r ink tacwm �i imP`wo�iwgners BEARING ROTATION urbu'sic'0�txl verve a,MO w,wi[e re o[xmrto rux rwmw vrr `r'r`� DISTANCF NOTF C�nxOi. iN Mmsftrfs, eE UsFo m l+Epl�Trne FAS oR BgMWAlE6 esrvc ruxm or amry. rwas er xNTP,tMe ar M mrYrzo 5 Hlgi pAnc�sS� �lizs �riais) TF1E NIS LONiRO T3O La iP p -1]2fi OEP�W couN��(MTOr �E _� Peµ r�eoteTa� —' Prx sesss -oo'se nr�xs ri p� CDNCESSION to - ROAD ALLOWANCE aETWEEN LOTS 20 AND 21 - nm>!10 ___- ___..E GEARING NU7E LOT 21, CaON(1510N Pw .as�4 -vr (e*1 I, I wr.E I PART 11(/I v- / I d LOT 21, I i� CDNCESSILW � ,sasxa IO c ws¢n I a I A nz IO S VOR'5 QERTIFICATE e .xe Fmi.iw wa�nuuar'Wxmi nw rues ur ^W >,.LI J 0 cD O M Q J YV ^D^ CL O n r-F O 0- /I W N O W �1 O 3 W I'1 V rf OT ; /R\ V, 13.b) Correspondence from Lake Simcoe Region Conservation Au... We All Live in a Watershed — The Lake Simcoe Watershed! Learn How a Subwatershed Plan Can Improve the Ecological Health of Your Community Subwatersheds are smaller geographical areas within our larger Lake Simcoe watershed. As local watershed managers, the Lake Simcoe Region Conservation Authority (LSRCA) develops subwatershed plans to provide a blueprint for the protection and restoration of these areas based on best available science and monitoring. LSRCA is holding TWO Open Houses to showcase the draft Oro and Hawkestone Creeks Subwatershed Plan: Tuesday, October 22, 2013 5:30 — 7:30 p.m. (Presentations at 6:00 and 7:00) Old Town Hall, 833 Line 7 North, Oro - Medonte Thursday, October 24, 2013 5:30 — 7:30 p.m. (Presentations at 6:00 and 7:00) Orillia City Centre — Council Chambers, 50 Andrew St. South, Orillia Learn about the plan and contribute your ideas! For more information, please contact LSRCA at 1- 800 - 465 -0437, ext. 312 Please RSVP your attendance by October 21, 2013 to Pam Strong @ p.strong@Isrca.on.ca Lake Simcoe Region conservation authority Page 90 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... 19: 1:90161 1aQXA 11 01Z1101 a9:I *1101TAZ&y:11107:901:10M A 1:1 ITO] Z k 9:4 BY -LAW NO. 2013 -195 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 106, Plan 51M -957, as in 58533 -0330 LT ROLL # 4346- 010 - 003 -26606 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 23RD DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE MAYOR, H.S. HUGHES CLERK, J. DOUGLAS IRWIN Page 91 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... APPENDIX "A" SITE PLAN AGREEMENT - between - DEMOCRAT MAPLEWOOD LIMITED - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Lot 106, Plan 51M -957, as in 58533 -0330 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346 - 010 - 003 -26606 By -Law No. 2013 -195 October 23rd, 2013 Page 92 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... 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 I+Ya71 *11f111*1 Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction z Page 93 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 231 day of October 2013, in accordance with Section 41 of the Planning Act. BETWEEN: Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- rra -[•i•] 71•] 7_�r[•PH]�r:I�r•PJ1�69a11•7�•] Z•���d��LPrr� Hereinafter called the "Township" -1 4VK61ar :1:.9 role] ►L791 it 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: Page 94 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. C) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro - Medonte By -law 2010 -059, retain the services of a consulting archaeologist for their on -site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the discovery of any ossuary and /or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and /or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and /or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. 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 Page 95 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the construction of a single detached dwelling with attached garage occupying 2,783 square feet (258.54 square metres), 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: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan. attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. C) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) 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 Page 96 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... 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. Tree Cutting No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, and driveway, as shown on approved Site Plan Drawing Diamond Valley Estates Lot 106, Prepared by Valdor Engineering Inc dated October 7th, 2013 unless dead or diseased. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work "), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) A Certified Cheque in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. C) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque 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 Certified Cheque 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 Certified Cheque. 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 Page 97 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... 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. 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. E:3111111111 - 31.191 Rq" =19 9 *01 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. �1 llAVA:I:7_1- 31w11 rL•7 K _ \169* 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. iDAWAV /Q71_1:7�dll **, 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. Page 98 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... 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 Democrat Maplewood Limited per: Name: Enzo Palumbo Title: Authorized Signing Officer I have authority to bind the Corporation The Corporation of the Township of Oro - Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 99 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... 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 Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 106, Plan 51M -957 as in 58533 -0330 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346 - 010 - 003 -26606 Page 100 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... 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 Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 106, Prepared by Valdor Engineering Inc dated October 711, 2013. Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. to Page 101 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood 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 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A m Page 102 of 139 15.a) A By -law to Authorize the Execution of a Site Plan Con... 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 Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 12 Page 103 of 139 15.b) A By -law to remove the Holding symbol On lands describ... 19: 1:90161 1aQXA 11 01Z110]a9:I *1101TAZ&] :I1107:901:102 A 1:1 ITO] Z k 9:4 BY -LAW NO. 2013 -196 A By -law to remove the Holding symbol On lands described as follows: Lot 106, Plan 51M -957 Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 003 -26606 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 'A16', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Lot 106, Plan 51 M -957, Roll # 4346- 010 - 003 - 26606" 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 23RD DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 104 of 139 15.b) A By -law to remove the Holding symbol On lands describ... Page 105 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -197 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Catherine Ann Porter described as lands as follows: Part of Lot 2, Concession 2 E.P.R., formerly in the Township of Oro, Being Part 2 on Plan 51 R- 38809, 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. 2008 -069, 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. 2008 -069; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof BY -LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF OCTOBER, 2013. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 106 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... APPENDIX "A" SITE PLAN AGREEMENT - between - Catherine Porter -and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS PART OF LOT 2, CONCESSION 2 E.P.R., FORMERLY IN THE TOWNSHIP OF ORO, BEING PART 2 ON PLAN 51R- 38809, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE PIN 58554 -0183 LT Date: October 23, 2013 By -Law No. 2013 -197 Page 107 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 Page 108 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 23rd day of October, 2013, in accordance with Section 41 of the Planning Act. BETWEEN: CATHERINE ANN PORTER 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 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: Page 109 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. C) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner ", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C ", as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit a single detached dwelling 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. Page 110 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... 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: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. C) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each 1. 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. i) Tree Removal Identification and protection of approximately 50% of all over - storey Page 111 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... 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; No tree removal to occur during breeding bird season in the Spring unless approved by the Lake Simcoe Region Conservation Authority. j) Conservation Authority The Owner agrees to obtain the required permits from the Lake Simcoe Region Conservation Authority and to comply with all regulations contained within their permit. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work "), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E ", with an automatic renewal clause in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. Page 112 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... 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. 0. 2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS Page 113 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... 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 Catherine Ann Porter, Owner The Corporation of the Township of Oro - Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 114 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... 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 Catherine Ann Porter. LEGAL DESCRIPTION OF LANDS PART OF LOT 2, CONCESSION 2 E.P.R., FORMERLY IN THE TOWNSHIP OF ORO, BEING PART 2 ON PLAN 51R- 38809, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE, PIN 58554 -0183 LT Page 115 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... to Page 116 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... 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 Catherine Ann Porter SITE PLAN lt:Y1J1.CICU rldll IVUIIILJUl Jlldll Ut: ICIL UICUM, LU UC IIIJCILCU Uy LIIC JUIII:ILUIJ IUI LIIC PdILIUS after the Plan is registered and a Plan Number assigned. 0 Page 117 of 139 0. LLJ LU w r _€ 91: Z Qw Z o0, 62 © d 7 ;; 3s S v 7_ �Oerg cc77 0 ¢2r, 5 a 6 w w ¢ w C? €'€ U ©0 dfV iO W ❑ ER (Q} S C7 m Y u�$ O G ? V' ❑ z 0 ON �I tI i E �� z ~H (=!o U '8 � y ti or � �- og � m o $gip�p §�E w O Obi OS a a�� E� IIr`," N § 9? a UM � W 8 ' y H � C G U m a w 4 &r kx�ek c' a 1 6,yprSP3ahpJ � t-0 w o ry 0 LL ¢0 z� J (j) d Z W L: 0 Cl) I — lt:Y1J1.CICU rldll IVUIIILJUl Jlldll Ut: ICIL UICUM, LU UC IIIJCILCU Uy LIIC JUIII:ILUIJ IUI LIIC PdILIUS after the Plan is registered and a Plan Number assigned. 0 Page 117 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 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 Catherine Ann Porter. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 12 Page 118 of 139 15.c) By -law to enter into Site Plan Agreement with Catherin... 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $1000 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 13 Page 119 of 139 15.d) By -law to remove a Holding Provision (Catherine Porter... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -198 Being a By -law to remove the Holding symbol applying to lands located at Part of Lot 2, Concession 2 E.P.R., formerly in the Township of Oro, now in the Township of Oro - Medonte, being Part 2 on Plan 51R -38809 (Catherine Porter) 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 'Al', 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 2, Concession 2 E.P.R., formerly in the Township of Oro, now in the Township of Oro - Medonte, being Part 2 on Plan 51 R -38809 (Catherine Porter)" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF OCTOBER, 2013. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 120 of 139 15.d) By -law to remove a Holding Provision (Catherine Porter... Page 121 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -199 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Mark Thomas Frank Porter described as lands as follows: Part of Lot 2, Concession 2 E.P.R., formerly in the Township of Oro, Parts 3, 4 & 5 on Plan 51 R- 38809, 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. 2008 -069, 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. 2008 -069; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof BY -LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF OCTOBER, 2013. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 122 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... APPENDIX "A" SITE PLAN AGREEMENT - between - Mark Thomas Frank Porter -and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS PART OF LOT 2, CONCESSION 2 E.P.R., FORMERLY IN THE TOWNSHIP OF ORO, PARTS 3, 4 & 5 ON PLAN 51 R- 38809, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE PINS: 58554 -0187 LT, 58554 -0146 LT, 58554 -0188 LT AS IN INSTRUMENT No. SC1046511 Date: October 23, 2013 By -Law No. 2013 -199 Page 123 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 Page 124 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 23rd day of October, 2013, in accordance with Section 41 of the Planning Act. BETWEEN: MARK THOMAS FRANK PORTER 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 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: Page 125 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. C) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner ", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C ", as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit a single detached dwelling 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. Page 126 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... 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: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. C) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each 1. 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. i) Tree Removal Identification and protection of approximately 50% of all over - storey Page 127 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... 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; No tree removal to occur during breeding bird season in the Spring unless approved by the Lake Simcoe Region Conservation Authority. j) Conservation Authority The Owner agrees to obtain the required permits from the Lake Simcoe Region Conservation Authority and to comply with all regulations contained within their permit. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work "), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E ", with an automatic renewal clause in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. Page 128 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... 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. 0. 2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS Page 129 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... 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 Mark Thomas Frank Porter, Owner The Corporation of the Township of Oro - Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk SCHEDULE "A" Page 130 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Mark Thomas Frank Porter. LEGAL DESCRIPTION OF LANDS PART OF LOT 2, CONCESSION 2 E.P.R., FORMERLY IN THE TOWNSHIP OF ORO, BEING PARTS 3,4 AND 5 ON PLAN 51R-38809, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE, PINS: 58554 -0187 LT, 58554 -0146 LT, 58554 -0188 LT, AS IN INSTRUMENT No. SC1046511 Page 131 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... 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 Mark Thomas Frank Porter. SITE PLAN I UI IOLUI UU 1 101 1MUI I IIJUI JI I011 LJU 1U1 LAC11 IR, LU LJU II IJGI LUU LJY II IU JUIIUI LUIJ IUI II IU PC11 LIGJ after the Plan is registered and a Plan Number assigned. to Page 132 of 139 w O o o tt -o, (,17 m ¢¢ gg Y F' a '. W �O W O W b, O N y{ cc77 u� :0 D o C cl E• i3 s. Eg WW�M c o �a mg o °z wV, © z �ao i is z a E O [Fi O d E ° �`Ja u�. � • 2 ❑❑ o ZwZ � � _ EMMET L � � 0 a Oa 2 � O U 4. e 4 k I L O p 44 L SIA 0� cc tii r LU jN ! Z O LU ry 0 LL mQ Z n d = J (j] a- Z LU H a (A H I UI IOLUI UU 1 101 1MUI I IIJUI JI I011 LJU 1U1 LAC11 IR, LU LJU II IJGI LUU LJY II IU JUIIUI LUIJ IUI II IU PC11 LIGJ after the Plan is registered and a Plan Number assigned. to Page 132 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 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 Mark Thomas Frank Porter. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 11 Page 133 of 139 15.e) By -law to enter into Site Plan Agreement with Mark Por... 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $1000 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 12 Page 134 of 139 15.f) By -law to remove a Holding Provision (Mark Porter) to ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -200 Being a By -law to remove the Holding symbol applying to lands located at Part of Lot 2, Concession 2 E.P.R., formerly in the Township of Oro, now in the Township of Oro - Medonte, being Parts 3, 4 and 5 on Plan 51R -38809 (Mark Porter) 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 'Al', 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 2, Concession 2 E.P.R., formerly in the Township of Oro, now in the Township of Oro - Medonte, being Parts 3, 4 and 5 on Plan 51 R -38809 (Mark Porter)" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF OCTOBER, 2013. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 135 of 139 15J) By -law to remove a Holding Provision (Mark Porter) to ... Schedule 'A' to By -Law No. 2013 -200 This is Schedule 'A' to By -Law 2013 -200 passed the 23RD day of October, 2013. Mayor Clerk H.S. Hughes J. Douglas Irwin 1 \1 TOWNSHIP OF ORO- MEDONTE Page 136 of 139 15.g) Being a By -Law to Authorize the Issuance of the Certif... 19.IN< pie] Nlo ] 9101Z 1101 a9:I:11111101TAZ&y:11107 &0]:1019 J,I:1•Lrrr:1 BY -LAW NO. 2013 -204 Being a By -Law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for 2189952 Ontario Limited ( Houben), Plan 51M -952, Phase 2 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro - Medonte entered into a Subdivision Agreement with 2189952 Ontario Limited ( Houben Subdivision) in February 2010 for twenty five (25) residential lots on Houben Crescent and Key Court. AND WHEREAS the requirements of this Subdivision Agreement with respect to the underground works have now been met; NOW THEREFORE the Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Houben Subdivision (2189952 Ontario Limited), Plan 51 M -952, Phase 2 may now be issued by the Township Engineers (AECOM) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro - Medonte and 2189952 Ontario Limited. 2. That the attached Schedule "A ", Certificate of Substantial Completion and Acceptance (Municipal Underground Services) shall form part of this By -Law. 3. That this By -law shall come into force and take effect on the final date of passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 23 RD DAY OF OCTOBER, 2013. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 137 of 139 15.g) Being a By -Law to Authorize the Issuance of the Certif... AWW u .. r, o*fcme.�uxan re5lHd'ro5 m. TOWNSHIP ENGINEERS CERTIFICATE OF SUBSTANTIAL COMPLETION AN D ACCEPTANCE MUNICIPAL UNDERGROUND Si MUNICIPALITY Townshlo of Om- Madonts PROJECT Nouban Subdivision Phase2 Plan SIM -952 DEVELOPER 2189952 Ontario Um[tad FILE NO. 60148283 f43T-040031 Desc pWri ofthe Wo • Road crossing culverts, read ditches and drainage ditch located bet � Lots 24125 and 18119 in the Hoahea Subdivision Phase 2: We, AECOM, notify the Munlclpallly that the above mentioned works were inspected on October 18, 2013 and to the best 01 our KrKmladge and judgement, are complete in accordance with the Subdivision Agreement except for the deficiencies below Items listed in AECOM Construction Status Report dated October 18, 2013. We hereby accept Mesa wodta for use and operation by the Municlpality subject to the rectification at the above noted defidenalm and to the rectification of any further deficiencies that may become apparent during the maintenance period and to the maintemlica that Is raguire by the SubdlNslon Agreement and its AmendaleaL The date of Substantial Completion and Acceptance [MunlGpal [( a�i3ruund Sam'c,�) la established by the Ceffcate as of October i6, 201& �t �l / 1 Date:l Signature ranr�: Page 138 of 139 18.a) Being a By -Law to Confirm the Proceedings of the Counc... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -194 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, October 23, 2013 WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By -Law, unless the municipality is specifically authorized to do otherwise; AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte deems it expedient that the proceedings at this Council Meeting be confirmed and adopted by By -Law; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That the actions of the Council at its Council Meeting held on Wednesday, October 23, 2013, 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. 3. That the Mayor /Chair and Clerk /Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by -law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23RD DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 139 of 139