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07 16 2014 Council Agenda The Township of Oro-Medonte Council Meeting Agenda Council Chambers Wednesday, July 16, 2014 9:00 a.m. - Closed Session 10:00 a.m. - Open Session Page 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 (CAO/Director Succession Planning). d) Robin Dunn, CAO re: Labour relations/employee negotiations (Compensation). e) Jerry Ball, Director of Transportation and Environmental Services re: Labour relations/employee negotiations (Organizational Review and Staffing) \[from Human Resources Committee June 25, 2014 meeting\]. f) Robin Dunn, CAO, re: Litigation affecting the municipality (Municipal Capital Facility Agreement). g) Robin Dunn, CAO re: Solicitor-client privilege (Legal Matter Status Update). 5.Minutes of Council and Committees: 8 - 18a) Minutes of Council meeting held on Wednesday, June 25, 2014. 19 - 23 b) Minutes of Human Resources Committee meeting held on Wednesday, June 25, 2014. 24 - 29 c) Minutes of Heritage Committee meeting held on Monday, June 30, 2014. 6.Recognition of Achievements: None. Page 1 of 489 Council Meeting Agenda - July 16, 2014 7.Public Meetings: 30 - 32 a) 10:00 a.m. Proposed Amendment to the Zoning By-Law, 1441 15/16 Sideroad, Concession 11, East Part Lot 16 RP51R14950, Part 4 (Oro), Township of Oro-Medonte, Parts 1, 2, 4, 5, 2014-ZBA-08 (Casey and Jill Van Kessel). 33 - 35 b) 10:00 a.m. Proposed Amendment to the Zoning By-Law, 1991 Line 9 North, Concession 10, Part of Lot 8 (Oro), Township of Oro-Medonte, 2014-ZBA-09 (Jeff & Marcie Binnie). 36 - 38 c) 10:00 a.m. Proposed Amendment to the Zoning By-Law, 696 15/16 Sideroad East, Concession 9, Lot 15 (Oro), Township of Oro-Medonte, 2014- ZBA-10 (May) \[Refer to Items 10v) and 15c)\]. 8.Deputations: None. 9.Identification From the Public of an Agenda Item of Interest: 10.Reports of Municipal Officers: a) 11:00 a.m. Acting S/Sgt. Ian Vickers, Barrie Detachment, Ontario Provincial Police re: Quarterly Statistics. 39 - 41 b) Report No. FI2014-16, Paul Gravelle, Director Finance/Treasurer/Deputy CAO re: Statement of Accounts - June 30, 2014. 42 - 44 c) Report No. FI2014-17, Paul Gravelle, Director Finance/Treasurer/Deputy CAO re: Development Charge Reserve Fund Adjustments. 45 d) Paul Gravelle, Director Finance/Treasurer/Deputy CAO re: 2014 Mid-Year Budget Variance Update \[to be distributed at meeting\]. 46 - 50 e) Hugh Murray, Fire Chief re: Assembly Occupancy. 51 - 67 f) Report No. CSI2014-08, Donna Hewitt, Director Corporate & Strategic Initiatives re: Corporate Projects Status Update June, 2014. 68 - 73 g) Report No. CSI2014-09, Donna Hewitt, Director Corporate & Strategic Initiatives re: Semi-Annual Legal Report June, 2014. 74 - 78 h) Report No. TES2014-12, Jerry Ball, Director Transportation and Environmental Services re: Tender Process for Gravel. 79 - 81 i) Report No. TES2014-13, Jerry Ball, Director Transportation and Environmental Services re: Transportation Services Department Tender Results for 2014, TES2014-08 Replacement of Sidewalks; TES2014-09 Supply, Delivery and Application of Roadway Line Painting. 82 - 90 j) Report No. TES2014-14, Jerry Ball, Director Transportation and Environmental Services re: Horseshoe Valley/Skyline Utilities Wastewater Page 2 of 489 Council Meeting Agenda - July 16, 2014 Treatment Services, Post Community Information Meeting \[Refer to Item 15a)\]. 91 k) Jerry Ball, Director Transportation and Environmental Services re: Impact of Recent Weather Events on Transportation Services. 92 - 93 l) Report No. RC2014-13, Shawn Binns, Director Recreation and Community Services re: Heritage Days Antique Tractor Rally. 94 - 174 m) Report No. RC2014-14, Shawn Binns, Director Recreation and Community Services re: Energy Conservation and Demand Management Plan (CDM). 175 - 179 n) Report No. RC2014-15, Shawn Binns Director, Recreation and Community Services re: Carthew Bay Boat Launch Parking. 180 - 187 o) Report No. RC2014-16, Shawn Binns, Director Recreation and Community Services: re: Oro-Medonte Sports Dome Letter of Understanding. 188 p) Shawn, Binns, Director Recreation and Community Services re: Horseshoe Valley Memorial Park Snowblower - Donations. 189 - 213 q) Shawn Binns, Director Recreation and Community Services, Report No. 04 dated June 30, 2014 from Steenhof Building Services Group, re: Oro- Medonte Arena Construction/Project Management Report. 214 - 216 r) Report No. DS2014-33, Andria Leigh, Director Development Services re: Building Permit Second Quarter Statistics. 217 - 220 s) Report No. DS2014-34, Andria Leigh, Director Development Services re: Site Plan Agreement and Removal of Holding Provision (Democrat Maplewood Limited), 2014-SPA-10, 14 Emerald Terrace,Plan 51M-957, Lot 114 \[Refer to Items 15g) and h)\]. 221 - 225 t) Report No. DS2014-36, Andria Leigh, Director Development Services re: Site Plan Agreement, 2014-SPA-08 (Vasey), Concession 1 Part Lot 40 (Vespra), 2101 Horseshoe Valley Road \[Refer to Item 15b)\]. 226 - 230 u) Report No. DS2014-37, Andria Leigh, Director Development Services re: Site Plan Agreement, 2014-SPA-11 (Scali), Lot 10, Plan 51M-881, 19 Warbler Way \[Refer to Item 15l) \[to be distributed at meeting\]. 231 - 235 v) Report No. DS2014-38, Andria Leigh, Director Development Services re: Zoning Bylaw Amendment 2014-ZBA-10 (May Family Holdings Limited), 696 15/16 Side Road East, Concession 9, Lot 15 \[Refer to item 15c)\]. 236 - 240 w) Report No. DS2014-39, Andria Leigh, Director Development Services re: Subdivision Agreement Horseshoe Ridge, Horseshoe Valley Lands Ltd., Part of Lots 3 and 4, Concession 4 (Oro), Application: 2012-SUB-01 \[Refer to Item 15j)\]. 241 - 253 x) Report No. DS2014-40, Andria Leigh, Director Development Services re: Zoning By-law Amendment and Site Plan Approval Copeland House Condominium Skyline Horseshoe Valley Inc. Concessions 3 & 4, Part of Lots Page 3 of 489 Council Meeting Agenda - July 16, 2014 1 & 2 (Oro) Applications: 2011-ZBA-14 & 2011-SPA-24 \[to be distributed at meeting\] \[Refer to Items 15n) and o)\]. 254 - 258 y) Report No. DS2014-41, Andria Leigh, Director Development Services re: Temporary Use By-law Application 2014-ZBA-11, 576487 Ontario Limited, 241 Line 7 South & 229 Line 8 South, Township of Oro-Medonte \[to be distributed at meeting\] \[Refer to Item 15m)\]. 259 - 264 z) Report No. DS2014-42, Andria Leigh, Director Development Services re: Amended Site Plan Agreement (2065726 Ontario Inc.), 2013-SPA-04, Part of Lot 21, Concession 9, Oro, Being Part 1, Plan 51R-28590, Being all of PIN 58549-0026 LT (Former Township of Oro) \[to be distributed at meeting\] \[Refer to Item 15k)\]. 265 aa) Robin Dunn, CAO re: Draft 2015 Budget Timeline \[to be distributed at meeting\]. 266 - 269 ab) Report No. CS2014-18, Doug Irwin, Director Corporate Services/Clerk re: Restricted Acts After Nomination Day, Municipal Act, as amended (Lame Duck) \[Refer to Item 15f)\]. 270 - 272 ac) Report No. CS2014-19, Doug Irwin, Director Corporate Services/Clerk re: Records and Information Management Update - 2014. 273 - 278 ad) Report No. CS2014-20, Doug Irwin, Director of Corporate Services/Clerk re: Municipal Law Enforcement Occurrence Report April-June 2014. 11.Reports of Members of Council: 279 - 280 a) Mayor H.S. Hughes, re: correspondence dated June 26, 2014 from Sarah Huter, Marketing & Promotions Director, Mount St. Louis Moonstone, Request to Designate Tough Mudder Event, Municipal Significance, August 16-17, 2014. 281 b) Mayor Hughes, correspondence received July 3, 2014 from Simcoe County Federation of Agriculture re: Annual Summer BBQ and Simcoe County Food and Agriculture Charter Champion Awards Ceremony. 282 c) Mayor H.S. Hughes correspondence from Settlers' Ghost Golf Club re: 10th Anniversary, Friday, July 25, 2014. 283 - 284 d) Councillor Evans, correspondence dated July 7, 2014 from Jake Hawkins, Project Manager, Old Tymer Welding re: Road Naming Concerns, Jamieson Drive. 12.Consent Agenda: 285 - 287 a) Announcements of Interest to the Public: 1. Are you on the List to Vote? October 27, 2014 Municipal and School Board Elections. Visit voterlookup.ca. 2. Election Officials Required, 2014 Municipal Election, Township of Oro- Medonte. Page 4 of 489 Council Meeting Agenda - July 16, 2014 3. Severn Sound Environmental Association, Open House 2014, Thursday, July 17, 2014, 1:00-4:00pm, Midland Public Library, Assembly Room, Lower Level, 320 King Street, Midland. 288 b) Correspondence dated June 12, 2014 from Marlene Mattson, Past President, Habitat for Humanity Orillia/Lake Country re: Habitat for Humanity Ontario Gateway North Amalgamation. Staff Recommendation: Receive. 289 - 295 c) Minutes of Lake Simcoe Region Conservation Authority meeting held on May 23, 2014. Staff Recommendation: Receive. 296 - 304 d) Nottawasaga Valley Conservation Authority, minutes of meeting held on May 23, 2014 and highlights of meeting held on June 27, 2014. Staff Recommendation: Receive. 305 - 307 e) Correspondence dated June 26, 2014 from Canadian Solar Solutions Inc. re: Notice of Renewable Energy Approval (REA) Amendment for Oro 4 Line Solar Project. Staff Recommendation: Receive. 308 - 312 f) Minutes of Midland Public Library Board meeting held on May 8, 2014. Staff Recommendation: Receive. 313 - 314 g) Correspondence dated July 4, 2014 from Sharon Goerke, Clerk, Township of Severn re: Canadian Pacific (CP) Holiday Train 2014. Staff Recommendation: Receive. 13.Communications: 315 - 318 a) Correspondence dated June 18, 2014 from Bruce Stanton, Simcoe North MP, re: Application to Parks Canada for National Historic Sites Cost-Sharing Program. 319 - 320 b) Association of Municipalities of Ontario (AMO), 2014 AGM and Annual Conference, August 17-20, 2014, London, Ontario. 321 c) Correspondence received July 2, 2014 from William and Annabelle Groves re: Repairs to Scarlett Line. 322 - 323 d) Correspondence dated July 7, 2014 from Hildegard Warkentin re: Lakeshore Promenade abutting 9 Simcoeside Avenue. 324 - 326 e) Correspondence dated July 6, 2014 from Dr. Angelo Iocca re: 195 Bay Street, Request for Exemption from Pool Fence By-Law No. 2009-099. 327 - 329 f) Correspondence dated July 7, 2014 from Gord & Dayna Shepherd re: Request to Purchase Right of Way, 37 Campbell Avenue. 330 - 331 g) Correspondence dated July 8, 2014 from Nora Gavarre re: Bulletin Boards, 74 Red Oak Crescent. Page 5 of 489 Council Meeting Agenda - July 16, 2014 14.Notice of Motions: None. 15.By-Laws: 332 - 334 a) By-Law No. 2014-094: A By-Law to Amend By-law No. 2014--law of The Corporation of the Township of Oro-Medonte to provide for the imposition of fees or charges (Fees and Charges By-law) \[Third Reading Only\]. 335 - 346 b) By-Law No. 2014-097: A By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and Peter and Georgina Vasey described as lands as follows: Concession 1 Part Lot 40 (Vespra), Township of Oro-Medonte, 2101 Horseshoe Valley Road. 347 - 348 c) By-Law No. 2014-099: A By-Law to amend the zoning of lands at 696 15/16 Sideroad East Concession 9, Lot 15, (May Family Holdings, 2014-ZBA-10). 349 - 355 d) By-Law No. 2014-101: A By-Law to Establish a Compliance Audit Committee for the Term of Council 2014-2018 and Appoint Committee Members as Required under the Municipal Elections Act, 1996, as amended. 356 - 360 e) By-Law No. 2014-102: A By-Law to Provide for Remuneration and Expenses Committees/Technical Support Groups, and Expenses for Employees, and to Repeal By-law No. 2013-147 (Remuneration and Expenses By-law). 361 f) By-Law No. 2014-103: Being a By-Law to Delegate Certain Powers and 362 - 374 g) By-Law No. 2014-104: 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 114, Plan 51M-957, as in 58533-0338 LT, ROLL # 4346-010- 003-26614, Township of Oro-Medonte, County of Simcoe. 375 - 376 h) By-Law No. 2014-105: A By-Law to remove the Holding symbol on lands described as Lot 114, Plan 51M-957. 377 - 387 i) By-Law No. 2014-106: A By-Law to Authorize the Execution of a Pre- Servicing Agreement with Bachly Investments Inc. (Turtle River) PCL 1-1 SEC 51-Oro-14; PT LT 1 CON 14 Oro PTS 1,2, & 3 51R22639; S/T Oro17148; Oro-Medonte; being all of PIN 58531-0102 (LT), Township of Oro- Medonte, County of Simcoe. 388 - 441 j) By-Law No. 2014-108: A By-Law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Horseshoe Valley Lands Ltd. and Romspen Investment Corporation \[to be distributed at meeting\]. Page 6 of 489 Council Meeting Agenda - July 16, 2014 442 - 453 k) By-Law No. 2014-109: A By-law to Repeal By-law 2013-022 and Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and 2065726 Ontario Inc. described as lands as follows: Part of Lot 21, Concession 9, Being Part 1, Plan 51R28590, as in 58549-0108 LT, ROLL # 43-46-010-009-07903, Township of Oro- Medonte, County of Simcoe, \[to be distributed at meeting\]. 454 - 466 l) By-Law No. 2014-110: A By-law to Repeal By-law No. 2012-015 and to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Maria Elizabeth Scali and Joe Nicodemo Scali described as lands as follows: Lot 10, Plan 51M-881, as in 58568-0060 LT, ROLL # 43-46-030-012-42766 \[to be distributed at meeting\]. 467 - 468 m) By-Law No. 2014-111: A By-law to allow Temporary Uses on lands described as follows: Part of Lot 22, Concession 8 and West Part of Lot 22, Concession 9, Township of Oro-Medonte (Oro), (Municipally known as 241 Line 7 South & 229 Line 8 South) under Sections 34 and 39 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, (576487 Ontario Limited - Creek 2014-ZBA-11), Roll # 4346-010-009-05200 & 4346-010-009-07500 \[to be distributed at meeting\]. 469 - 475 n) By-Law No. 2014-112: Zoning By-law Amendment (Skyline Horseshoe Valley Inc.), Con 3&4, Part Lots 1&2 (Oro) \[to be distributed at meeting\]. 476 - 488 o) By-Law No. 2014-113: A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and Skyline Horseshoe Valley Inc. described as lands as follows: Concessions 3 & 4, Part of Lots 1 & 2 (Oro) Township of Oro-Medonte \[to be distributed at meeting\]. 16.Questions from the Public Clarifying an Agenda Item: 17.Closed Session Items (Unfinished Items): 18.Confirmation By-Law: : 489 a) By-Law No. 2014-100 Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, July 16, 2014. 19.Adjournment: a) Motion to Adjourn. Page 7 of 489 5.a) Minutes of Council meeting held on Wednesday, June 25, ... The Township of Oro-Medonte Council Meeting Minutes Council Chambers Wednesday, June 25, 2014Time: 6:12 a.m. 2010-2014 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Kelly Meyer Councillor Marty Lancaster Councillor John Crawford Councillor Dwight Evans Staff Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Present: Corporate Services/Clerk; Jerry Ball, Director of Transportation and Environmental Services; Hugh Murray, Fire Chief; Janette Teeter, Deputy Clerk; Samah Othman, Supervisor, Communications and Customer Services; Darcy Brooke-Bisschop, Coordinator, Economic Development/Communications Also Shirley May, Lynda Crawford, Dorothy Williams, Audrey Evans, Pat Present: Shellswell, Ronald Shaw, Bob Murray, Sue Simmonds, Dylan Gartner, Ann Budge, Diane Richards, S. Craig, Sue Roehner, Ruthanne Shaw, Sylvia Stark, Maya Burhanpurkar 1.Call to Order - Private Prayer/Moment of Reflection: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer/moment of reflection. 111 Page of Page 8 of 489 5.a) Minutes of Council meeting held on Wednesday, June 25, ... Council Meeting Minutes – June 25, 2014. 2.Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. C140625-1 Moved by Evans, Seconded by Lancaster Be it resolved that the agenda for the Council meeting of Wednesday, June 25, 2014 be received and adopted, as amended to withdraw Item 15a) By-Law No. 2014-094: A By- law to Amend By-law No. 2014-012, “A By-law of The Corporation of the Township of Oro-Medonte to provide for the imposition of fees or charges (Fees and Charges By- law). Carried. 3.Disclosure of Pecuniary Interest: None declared. 4.Closed Session Items: a) Motion to go In Closed Session. Motion No. C140625-2 Moved by Coutanche, Seconded by Meyer Be it resolved that we do now go in Closed Session at 6:13 p.m. to discuss personal matters about an identifiable individual. Carried. b) Motion to Rise and Report. Motion No. C140625-3 Moved by Lancaster, Seconded by Crawford Be it resolved that we do now Rise at 6:19 p.m. and Recess until 7:00 p.m. at which time we shall Report on the Closed Session Item 4c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Office of the CAO). Carried. 211 Page of Page 9 of 489 5.a) Minutes of Council meeting held on Wednesday, June 25, ... Council Meeting Minutes – June 25, 2014. c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Office of the CAO). The following staff were present: Robin Dunn, CAO; Doug Irwin, Director, Corporate Services/Clerk. Motion No. C140625-4 Moved by Meyer, Seconded by Coutanche Be it resolved that the confidential verbal information presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Office of the CAO) be received. Carried. 5.Minutes of Council and Committees: a) Minutes of Council meeting held on Wednesday, June 18, 2014. Motion No. C140625-5 Moved by Crawford, Seconded by Lancaster Be it resolved that the draft minutes of the Council meeting held on Wednesday, June 18, 2014 be received and adopted as printed and circulated. Carried. b) Minutes of Committee of Adjustment meeting held on Thursday, June 19, 2014. Motion No. C140625-6 Moved by Coutanche, Seconded by Meyer Be it resolved that the draft minutes of Committee of Adjustment meeting held on Thursday, June 19, 2014 be received. Carried. 311 Page of Page 10 of 489 5.a) Minutes of Council meeting held on Wednesday, June 25, ... Council Meeting Minutes – June 25, 2014. 6.Recognition of Achievements: a) Shawn Binns, Director of Recreation and Community Services re: Completion of Master of Business Administration Program at Athabasca University, Faculty of Business. Motion No. C140625-7 Moved by Lancaster, Seconded by Evans Be it resolved that Shawn Binns, Director of Recreation and Community Services be recognized, under the Mayor's signature for his Completion of the Master of Business Administration Program at Athabasca University, Faculty of Business. Carried. b) Maya Burhanpurkar, re: Grand Platinum Award | Canada-Wide Science Fair Recipient. Mayor H.S. Hughes and Members of Council presented Maya Burhanpurkar with a certificate. c) Sylvia Stark re: International Woman of The Year 2014 Diversity Award Recipient. Mayor H.S. Hughes and Members of Council presented Sylvia Stark with a certificate. d) Ruthanne Shaw re: 2014 Ontario Senior of the Year Award Recipient. Mayor H.S. Hughes and Members of Council presented Ruthanne Shaw with the 2014 Ontario Senior of the Year Award. e) Lynda Crawford re: 2014 Oro-Medonte Citizen of the Year Award Recipient. Mayor H.S. Hughes and Members of Council presented Lynda Crawford with the 2014 Oro-Medonte Citizen of the Year Award. 7.Public Meetings: None. 411 Page of Page 11 of 489 5.a) Minutes of Council meeting held on Wednesday, June 25, ... Council Meeting Minutes – June 25, 2014. 8.Deputations: None. 9.Identification From the Public of an Agenda Item of Interest: 10.Reports of Municipal Officers: a) Report No. DS2014-32, Andria Leigh, Director of Development Services re: Request for Extension of Draft Plan Approval, Plan of Subdivision Application 2006-SUB-02, 1802281 Ontario Ltd. (Whispering Creek Estates), West Part Lot 11, Concession 5 (Oro), Township of Oro-Medonte. Motion No. C140625-8 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Report No. DS 2014-32, Andria Leigh, Director of Development Services re: Request for Extension of Draft Plan Approval, Plan of Subdivision Application 2006- SUB-02, 1802281 Ontario Ltd. (Whispering Creek Estates), West Part Lot 11, Concession 5 (Oro), Township of Oro-Medonte be received and adopted. 2. That Council approves the extension to draft plan approval for 1802281 Ontario Limited (Whispering Creek Estates Subdivision) 2006-SUB-02 for a period of one year to September, 2015. 3. And That the owner be advised of Council’s decision under the Director of Development Services' signature. Carried. b) Robin Dunn, CAO, re: Association of Municipalities of Ontario (AMO), 2014 Annual Conference Municipal Delegation Request. Motion No. C140625-9 Moved by Evans, Seconded by Crawford Be it resolved 1. That the correspondence presented by Robin Dunn, CAO, re: Association of Municipalities of Ontario (AMO), 2014 Annual Conference Municipal Delegation Request be received. 2. And That the CAO's office request the appropriate delegations. Carried. 511 Page of Page 12 of 489 5.a) Minutes of Council meeting held on Wednesday, June 25, ... Council Meeting Minutes – June 25, 2014. c)Robin Dunn, CAO, re: Working Outside Municipal Boundaries. Motion No. C140625-10 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the verbal information presented by Robin Dunn, CAO, Jerry Ball, Director of Transportation and Environmental Services and Hugh Murray, Fire Chief, re: Working Outside Municipal Boundaries be received. 2. And That the CAO be authorized to permit Township staff and equipment to operate outside of municipal boundaries when assistance is requested by other municipalities. Carried. d) Doug Irwin, Director of Corporate Services/Clerk, re: Request to Rescind Policy POL- TR-02, Per-Kilometer Rate. Motion No. C140625-11 Moved by Crawford, Seconded by Evans Be it resolved 1. That the memorandum dated June 19, 2014 and presented by Doug Irwin, Director of Corporate Services/Clerk, re: Request to Rescind Policy POL-TR-02, Per- Kilometer Rate be received and adopted. 2. And That Policy POL-TR-02, Per-Kilometer Rate is hereby rescinded. Carried. 11.Reports of Members of Council: None. 611 Page of Page 13 of 489 5.a) Minutes of Council meeting held on Wednesday, June 25, ... Council Meeting Minutes – June 25, 2014. 12.Consent Agenda: a) Announcements of Interest to the Public: 1. Canada Day, Township Administration Office Closure, Tuesday, July 1, 2014. 2. Are you on the List to Vote? October 27, 2014 Municipal and School Board Elections. Visit voterlookup.ca. 3. Election Officials Required, 2014 Municipal Election, Township of Oro-Medonte. 4. Notice of Public Information Centre 1, Ministry of Transportation, URS Canada Inc., Hwy 12 Improvements, Memorial Avenue to Horseshoe Valley Road, Thursday, June 26, 2014. b) Correspondence dated May 16, 2014 from Gayle Wood, CAO, Lake Simcoe Region Conservation Authority re: 2014 Budget and Municipal Levies. Staff Recommendation: Receive. c) Minutes of Orillia & Area Physician Recruitment & Retention Committee meeting held on May 20, 2014. Staff Recommendation: Receive. Motion No. C140625-12 Moved by Coutanche, Seconded by Meyer Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Announcements of Interest to the Public: 1. Canada Day, Township Administration Office Closure, Tuesday, July 1, 2014. 2. Are you on the List to Vote? October 27, 2014 Municipal and School Board Elections. Visit voterlookup.ca. 3. Election Officials Required, 2014 Municipal Election, Township of Oro-Medonte. 4. Notice of Public Information Centre 1, Ministry of Transportation, URS Canada Inc., Hwy 12 Improvements, Memorial Avenue to Horseshoe Valley Road, Thursday, June 26, 2014. b) Correspondence dated May 16, 2014 from Gayle Wood, CAO, Lake Simcoe Region Conservation Authority re: 2014 Budget and Municipal Levies. Received . c) Minutes of Orillia & Area Physician Recruitment & Retention Committee meeting held on May 20, 2014. Received . Carried. 711 Page of Page 14 of 489 5.a) Minutes of Council meeting held on Wednesday, June 25, ... Council Meeting Minutes – June 25, 2014. 13.Communications: a) Correspondence received June 5, 2014 from Gayle Wood, Chief Administrative Officer, Lake Simcoe Region Conservation Authority re: 2014 Conservation Awards - Celebrating Watershed Heroes. Motion No. C140625-13 Moved by Evans, Seconded by Lancaster Be it resolved that the correspondence received June 5, 2014 from Gayle Wood, Chief Administrative Officer, Lake Simcoe Region Conservation Authority re: 2014 Conservation Awards - Celebrating Watershed Heroes be received. Carried. b) Correspondence received June 17, 2014 from Michael Adair, President, Branch No. 7, Ontario Provincial Police Association re: County Road 93, Highway 400 Overpass Dedication Request. Motion No. C140625-14 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the correspondence received June 17, 2014 from Michael Adair, President, Branch No. 7, Ontario Provincial Police Association re: County Road 93, Highway 400 Overpass Dedication Request be received. 2. That Council supports the applicant's request to name the Highway overpass located at County Road 93 and Highway 400, just north of Craighurst, in Honour of Constable Thomas Coffin. 3. And That the applicant, Garfield Dunlop, MPP, Simcoe North, Jim Wilson, MPP, Simcoe Grey, The County of Simcoe and The Township of Springwater be advised of Council's decision, under the Mayor's signature, to assist in the application to the Ministry of Transportation. Carried. 811 Page of Page 15 of 489 5.a) Minutes of Council meeting held on Wednesday, June 25, ... Council Meeting Minutes – June 25, 2014. c) Correspondence received June 19, 2014 from Brendan Matheson, Cycling Strategy, Barrie/Simcoe Cycling Club re: Outdoor Bicycle Repair Stand Request. Motion No. C140625-15 Moved by Lancaster, Seconded by Evans Be it resolved 1. That the correspondence received June 19, 2014 from Brendan Matheson, Cycling Strategy, Barrie/Simcoe Cycling Club re: Outdoor Bicycle Repair Stand Request be received. 2. That the request to install four cycling station/repair stands at the following locations: Horseshoe Valley Memorial Park, Line 7 and Bass Lake Side Road Parking Area, Bayview Memorial Park, and Brewis Park be approved; 3. That Simcoe Cycling be responsible for all costs associated with the purchase and installation of the stands; 4. That the Township be responsible for the associated maintenance/repair and replacement costs; 5. That the projected expenses be incorporated into the 2015 business plan; 6. That in the event the cycling station/repair stands become cost prohibitive, that the Township reserves the right at its sole discretion to relocate or remove the stands; 7. And That Simcoe Cycling be informed of Council’s decision under the Director, Recreation and Community Services' signature. Carried. 14.Notice of Motions: None. 15.By-Laws: a) By-Law No. 2014-094: A By-law to Amend By-law No. 2014-012, “A By-law of The Corporation of the Township of Oro-Medonte to provide for the imposition of fees or charges (Fees and Charges By-law) \[Third Reading Only\]. This item was withdrawn. 911 Page of Page 16 of 489 5.a) Minutes of Council meeting held on Wednesday, June 25, ... Council Meeting Minutes – June 25, 2014. b) By-Law No. 2014-098: A By-law to Amend By-law No. 2010-015, A By-law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro-Medonte and The Corporation of the City of Barrie for the establishment of a Municipal Services Corporation (Lake Simcoe Regional Airport). Motion No. C140625-16 Moved by Lancaster, Seconded by Crawford Be it resolved that By-Law No. 2014-098: A By-law to Amend By-law No. 2010-015, A By-law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro-Medonte and The Corporation of the City of Barrie for the establishment of a Municipal Services Corporation (Lake Simcoe Regional Airport) be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 16.Questions from the Public Clarifying an Agenda Item: 17.Closed Session Items (Unfinished Items): None. 18.Confirmation By-Law: a) By-Law No. 2014-096: Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, June 25, 2014. Motion No. C140625-17 Moved by Coutanche, Seconded by Meyer Be it resolved that By-Law No. 2014-096: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, June 25, 2014 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 1011 Page of Page 17 of 489 5.a) Minutes of Council meeting held on Wednesday, June 25, ... Council Meeting Minutes – June 25, 2014. 19.Adjournment: a) Motion to Adjourn. Motion No. C140625-18 Moved by Crawford, Seconded by Lancaster Be it resolved that we do now adjourn at 7:50 p.m. Carried. Refreshments were served. ____________________________ ____________________________ Mayor, H.S. Hughes Clerk, J. Douglas Irwin 1111 Page of Page 18 of 489 5.b) Minutes of Human Resources Committee meeting held on We... The Township of Oro-Medonte Human Resources Committee Minutes Neufeld Room Wednesday, June 25, 2014Time: 1:31 p.m. 2010-2014 Council Present: Mayor H.S. Hughes Councillor Crawford Councillor Meyer, Chair Staff: Robin Dunn, Chief Administrative Officer Jerry Ball, Director of Transportation and Environmental Services Lisa McNiven, Manager, Transportation Services Shawn Binns, Director, Recreation and Community Services Donna Hewitt, Director, Corporate & Strategic Initiatives Tamara Obee, Manager Health & Safety, Human Resources 1.Call to Order - Private Prayer/Moment of Reflection: Councillor Meyer assumed the Chair and called the meeting to order. 2.Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. HR140625-1 Moved by Hughes, Seconded by Crawford It is recommended that the agenda for the Human Resources Committee meeting of Wednesday, June 25, 2014 be received and adopted. Carried. 3.Disclosure of Pecuniary Interest: None declared. 15 Page of Page 19 of 489 5.b) Minutes of Human Resources Committee meeting held on We... Human Resources Committee Minutes – June 25, 2014. 4.Minutes of Previous Meeting: a) Minutes of Human Resources Committee meeting held on Wednesday, April 30, 2014. Motion No. HR140625-2 Moved by Crawford, Seconded by Hughes It is recommended that the draft minutes of the Human Resources Committee meeting held on Wednesday, April 30, 2014 be adopted as printed and circulated. Carried. 5.Closed Session Items: a) Motion to go In Closed Session. Motion No. HR140625-3 Moved by Hughes, Seconded by Crawford It is recommended that we do now go in Closed Session at 1:32 p.m. to discuss • personal matter affecting an identifiable individual; • labour relations/employee negotiations. Carried. b) Motion to Rise and Report. Motion No. HR140625-4 Moved by Crawford, Seconded by Hughes It is recommended that we do now Rise and Report at 4:26 p.m. and report on Items 5 c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management). d) Robin Dunn, CAO, re: Labour relations/employee negotiations (Human Resource Management). e) Robin Dunn, CAO, re: Labour relations/employee negotiations (Labour Relations). f) Robin Dunn, CAO, re: Labour relations/employee negotiations (Organizational Review & Staffing). g) Robin Dunn, CAO, re: Labour relations/employee negotiations (Compensation). Carried. 25 Page of Page 20 of 489 5.b) Minutes of Human Resources Committee meeting held on We... Human Resources Committee Minutes – June 25, 2014. c)Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management). The following staff were present: Robin Dunn, CAO. Motion No. HR140625-5 Moved by Hughes, Seconded by Crawford It is recommended that the confidential verbal information presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management) be received. Carried. d) Robin Dunn, CAO, re: Labour relations/employee negotiations (Human Resource Management). The following staff were present: Robin Dunn, CAO; Donna Hewitt, Director of Corporate and Strategic Initiatives; Shawn Binns, Director of Recreation and Community Services; Tamara Obee, Manager, Health & Safety, Human Resources. Motion No. HR140625-6 Moved by Crawford, Seconded by Hughes It is recommended that the confidential verbal information / confidential correspondence dated June 25, 2014, presented by Robin Dunn, CAO; Donna Hewitt, Director of Corporate and Strategic Initiatives; Shawn Binns, Director of Recreation and Community Services; and Tamara Obee, Manager, Health & Safety, Human Resources, re: Labour relations/employee negotiations (Human Resource Management) be received. Carried. 35 Page of Page 21 of 489 5.b) Minutes of Human Resources Committee meeting held on We... Human Resources Committee Minutes – June 25, 2014. e) Robin Dunn, CAO, re: Labour relations/employee negotiations (Labour Relations). The following staff were present: Robin Dunn, CAO; Donna Hewitt, Director, Corporate and Strategic Initiatives; Shawn Binns, Director of Recreation and Community Services; Tamara Obee, Manager, Health & Safety, Human Resources. Motion No. HR140625-7 Moved by Hughes, Seconded by Crawford It is recommended that the confidential verbal information presented by Robin Dunn, CAO, re: Labour relations/employee negotiations (Labour Relations) be received. Carried. f) Robin Dunn, CAO, re: Labour relations/employee negotiations (Organizational Review & Staffing). The following staff were present: Robin Dunn, CAO; Jerry Ball, Director of Transportation and Environmental Services; Lisa McNiven, Manager, Transportation Services. Motion No. HR140625-8 Moved by Crawford, Seconded by Hughes It is recommended that the confidential verbal information / confidential correspondence dated June 25, 2014, presented by Robin Dunn, CAO; Jerry Ball, Director of Transportation and Environmental Services and Lisa McNiven, Manager, Transportation Services, re: Labour relations/employee negotiations (Organizational Review & Staffing) be received. Carried. g) Robin Dunn, CAO, re: Labour relations/employee negotiations (Compensation). The following staff were present: Robin Dunn, CAO. Motion No. HR140625-9 Moved by Hughes, Seconded by Crawford It is recommended that the confidential verbal information presented by Robin Dunn, CAO, re: Labour relations/employee negotiations (Compensation) be received. Carried. 45 Page of Page 22 of 489 5.b) Minutes of Human Resources Committee meeting held on We... Human Resources Committee Minutes – June 25, 2014. 6.Reports of Municipal Officers: None. 7.Notice of Motions: None. 8.Adjournment: a) Motion to Adjourn. Motion No. HR140625-10 Moved by Crawford, Seconded by Hughes It is recommended that we do now adjourn at 4:30 p.m. Carried. ____________________________ ____________________________ Councillor Meyer, Chair Robin Dunn, CAO 55 Page of Page 23 of 489 5.c) Minutes of Heritage Committee meeting held on Monday, J... The Township of Oro-Medonte Heritage Committee Meeting Minutes Council Chambers Monday, June 30, 2014Time: 6:05 p.m. Present: Councillor John Crawford, Chair Councillor Mel Coutanche, Vice Chair Mayor H.S. Hughes Murray Cayley Tim Crawford Ruth Fountain Wayne Lintack Bruce Malcom Dorothy Moore Kayla Thibeault Regrets: Leah Burton Suzanne Busby Staff: Justin Hodgkinson, Coordinator, Community Recreation Marie Brissette, Coordinator, Corporate Services Also present: Janie Cooper Wilson, Diane Richards 1.Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. HC140630-1 Moved by Cayley, Seconded by Moore It is recommended that the agenda for the Heritage Committee meeting of Monday, June 30, 2014 be received and adopted. Carried. 2.Disclosure of Pecuniary Interest: None declared. 15 Page of Page 24 of 489 5.c) Minutes of Heritage Committee meeting held on Monday, J... Heritage Committee Meeting Minutes – Monday, June 30, 2014 3.Adoption of Minutes of Previous Meeting: a) Minutes of the Heritage Committee meeting held on Monday, April 28, 2014. Motion No. HC140630-2 Moved by Thibeault, Seconded by Lintack It is recommended that the draft minutes of the Heritage Committee meeting held on Monday, April 28, 2014 be adopted as printed and circulated. Carried. b) Minutes of the Special Heritage Committee meeting held on Thursday, May 15, 2014. Motion No. HC140630-3 Moved by Fountain, Seconded by Moore It is recommended that the draft minutes of the Special Heritage Committee meeting held on Thursday, May 15, 2014 be adopted as printed and circulated. Carried. 4.Deputations: a) Joanna McEwen and Paul Marshall, re: Update on Recognition of the Penetanguishene Road and Connected Town Sites. Motion No. HC140630-4 Moved by Crawford, Seconded by Lintack It is recommended that the verbal information presented by Paul Marshall, re: Update on Recognition of the Penetanguishene Road and Connected Town Sites be received. Carried. 25 Page of Page 25 of 489 5.c) Minutes of Heritage Committee meeting held on Monday, J... Heritage Committee Meeting Minutes – Monday, June 30, 2014 5.Communications: a) Update from the African Church sub-committee. Draft Conceptual Site Plan. Fundraising Strategy. Motion No. HC140630-5 Moved by Lintack, Seconded by Cayley It is recommended 1. That the update from the African Church sub-committee, re: Draft Conceptual Site Plan be received. 2. And That the African Church sub-committee solicit additional input from the identified stakeholders. Carried. Motion No. HC140630-6 Moved by Thibeault, Seconded by Lintack It is recommended that the Heritage Committee recommends to Council that an Oro African Church Fundraising volunteer working group be established to provide the Heritage Committee with a Fundraising Strategy. Carried. b) Update from the Heritage Properties sub-committee. Draft Policy to be Reviewed. Motion No. HC140630-7 Moved by Fountain, Seconded by Lintack It is recommended that the information presented by Justin Hodgkinson, Coordinator, Community Recreation, re: Draft Municipal Register Process Guidelines be received. Carried. 35 Page of Page 26 of 489 5.c) Minutes of Heritage Committee meeting held on Monday, J... Heritage Committee Meeting Minutes – Monday, June 30, 2014 c)Update from the Policy and Procedures for Artifacts and Archives sub-committee. Items with no Heritage Value. Update on Simcoe County Archives Review. Motion No. HC140630-8 Moved by Moore, Seconded by Fountain It is recommended that the verbal update from the Policy and Procedures for Artifacts and Archives sub-committee, re: Items with no Heritage Value and Update on Simcoe County Archives Review be received. Carried. d) Wayne Lintack, re: Archaeological Management Plan for Oro-Medonte \[Deferred from the April 28, 2014 Heritage Committee meeting\]. Motion No. HC140630-9 Moved by Moore, Seconded by Cayley It is recommended that the information presented by Wayne Lintack, re: Archaeological Management Plan for Oro-Medonte be received. Carried. e) Building Department Demolition Permits Issued - April and May 2014. Motion No. HC140630-10 Moved by Thibeault, Seconded by Moore It is recommended that the Building Department Demolition Permits Issued - April and May 2014 be received. Carried. 45 Page of Page 27 of 489 5.c) Minutes of Heritage Committee meeting held on Monday, J... Heritage Committee Meeting Minutes – Monday, June 30, 2014 f) Correspondence dated April 8, 2014 from Wayne Morgan, Community Heritage Ontario, re: Community Heritage Ontario Community Heritage Ontario. Motion No. HC140630-11 Moved by Crawford, Seconded by Fountain It is recommended that the correspondence dated April 8, 2014 from Wayne Morgan, Community Heritage Ontario, re: Community Heritage Ontario Community Heritage Ontario be received. Carried. g) Report No. CS2014-13, Marie Brissette, Coordinator, Corporate Services re: 2014 Fall Meeting Cancellations. Motion No. HC140630-12 Moved by Malcom, Seconded by Thibeault It is recommended that Report No. CS2014-13, Marie Brissette, Coordinator, Corporate Services, re: 2014 Fall Meeting Cancellations be received. Carried. 6.Next Meeting Date: Monday, July 28, 2014 at 6:00 p.m. 7.Adjournment: a) Motion to Adjourn. Motion No. HC140630-13 Moved by Moore, Seconded by Crawford It is recommended that we do now adjourn at 8:02 p.m. Carried. Councillor Crawford, Chair Marie Brissette, Coordinator, Corporate Services 55 Page of Page 28 of 489 5.c) Minutes of Heritage Committee meeting held on Monday, J... Verbal Matters (Section 12.3 of Township’s Procedural By-Law No. 2013-054) Name: Update from the African Church sub-committee. Item Number/Name: 5a) Fundraising Strategy. Meeting Date: 06 30 2014 Motion No.: HC140630-5 Type of Meeting: Council Special Council Committee of Adjustment Accessibility Advisory Committee Recreational Technical Support Group X Heritage Committee Speaking Notes: The Heritage Committee identified the need for a volunteer working group to make fundraising recommendations for the Oro African Church. 7/4/14 Page 29 of 489 7.a) 10:00 a.m.  Proposed Amendment to the Zoning By-Law, 14... Page 30 of 489 7.a) 10:00 a.m.  Proposed Amendment to the Zoning By-Law, 14... Page 31 of 489 7.a) 10:00 a.m.  Proposed Amendment to the Zoning By-Law, 14... Page 32 of 489 7.b) 10:00 a.m.  Proposed Amendment to the Zoning By-Law, 19... Page 33 of 489 7.b) 10:00 a.m.  Proposed Amendment to the Zoning By-Law, 19... Page 34 of 489 7.b) 10:00 a.m.  Proposed Amendment to the Zoning By-Law, 19... Page 35 of 489 7.c) 10:00 a.m.  Proposed Amendment to the Zoning By-Law, 69... Page 36 of 489 7.c) 10:00 a.m.  Proposed Amendment to the Zoning By-Law, 69... Page 37 of 489 7.c) 10:00 a.m.  Proposed Amendment to the Zoning By-Law, 69... Page 38 of 489 10.b) Report No. FI2014-16, Paul Gravelle, Director Finance/... Page 39 of 489 10.b) Report No. FI2014-16, Paul Gravelle, Director Finance/... Page 40 of 489 10.b) Report No. FI2014-16, Paul Gravelle, Director Finance/... Page 41 of 489 10.c) Report No. FI2014-17, Paul Gravelle, Director Finance/... Page 42 of 489 10.c) Report No. FI2014-17, Paul Gravelle, Director Finance/... Page 43 of 489 10.c) Report No. FI2014-17, Paul Gravelle, Director Finance/... Page 44 of 489 10.d) Paul Gravelle, Director Finance/Treasurer/Deputy CAO r... Page 45 of 489 10.e) Hugh Murray, Fire Chief re: Assembly Occupancy.  Verbal Matters (Section 12.3 of Township’s Procedural By-Law No. 2013-054) Name: Hugh Murray, Fire Chief Item Number/Name: Assembly Occupancy Meeting Date:July 16, 2014 Motion No: Motion No. C140716-18 Type of Meeting: X Council Special Council Committee of Adjustment Accessibility Advisory Committee Recreational Technical Support Group Human Resources Committee Heritage Committee Speaking Notes: I advised Council that letters were hand delivered to property owners regarding assembly occupancy concerns. That meetings were being scheduled with the property owners to discuss the concerns so that they could be addressed. 8/11/14 Page 46 of 489 10.e) Hugh Murray, Fire Chief re: Assembly Occupancy.  Page 47 of 489 10.e) Hugh Murray, Fire Chief re: Assembly Occupancy.  Page 48 of 489 10.e) Hugh Murray, Fire Chief re: Assembly Occupancy.  Page 49 of 489 10.e) Hugh Murray, Fire Chief re: Assembly Occupancy.  Page 50 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 51 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 52 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 53 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 54 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 55 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 56 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 57 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 58 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 59 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 60 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 61 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 62 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 63 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 64 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 65 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 66 of 489 10.f) Report No. CSI2014-08, Donna Hewitt, Director Corporat... Page 67 of 489 10.g) Report No. CSI2014-09, Donna Hewitt, Director Corporat... Page 68 of 489 10.g) Report No. CSI2014-09, Donna Hewitt, Director Corporat... Page 69 of 489 10.g) Report No. CSI2014-09, Donna Hewitt, Director Corporat... Page 70 of 489 10.g) Report No. CSI2014-09, Donna Hewitt, Director Corporat... Page 71 of 489 10.g) Report No. CSI2014-09, Donna Hewitt, Director Corporat... Page 72 of 489 10.g) Report No. CSI2014-09, Donna Hewitt, Director Corporat... Page 73 of 489 10.h) Report No. TES2014-12, Jerry Ball, Director Transporta... Page 74 of 489 10.h) Report No. TES2014-12, Jerry Ball, Director Transporta... Page 75 of 489 10.h) Report No. TES2014-12, Jerry Ball, Director Transporta... Page 76 of 489 10.h) Report No. TES2014-12, Jerry Ball, Director Transporta... Page 77 of 489 10.h) Report No. TES2014-12, Jerry Ball, Director Transporta... Page 78 of 489 10.i) Report No. TES2014-13, Jerry Ball, Director Transporta... Page 79 of 489 10.i) Report No. TES2014-13, Jerry Ball, Director Transporta... Page 80 of 489 10.i) Report No. TES2014-13, Jerry Ball, Director Transporta... Page 81 of 489 10.j) Report No. TES2014-14, Jerry Ball, Director Transporta... Page 82 of 489 10.j) Report No. TES2014-14, Jerry Ball, Director Transporta... Page 83 of 489 10.j) Report No. TES2014-14, Jerry Ball, Director Transporta... Page 84 of 489 10.j) Report No. TES2014-14, Jerry Ball, Director Transporta... Page 85 of 489 10.j) Report No. TES2014-14, Jerry Ball, Director Transporta... Page 86 of 489 10.j) Report No. TES2014-14, Jerry Ball, Director Transporta... Page 87 of 489 10.j) Report No. TES2014-14, Jerry Ball, Director Transporta... Page 88 of 489 10.j) Report No. TES2014-14, Jerry Ball, Director Transporta... Page 89 of 489 10.j) Report No. TES2014-14, Jerry Ball, Director Transporta... Page 90 of 489 10.k) Jerry Ball, Director Transportation and Environmental ... Verbal Matters (Section 12.3 of Township’s Procedural By-Law No. 2013-054) Name: Jerry Ball, Director Transportation and Environmental Services Item Number/Name: 10k) re: Impact of Recent Weather Events on Transportation Services Meeting Date: July 16, 2014 Motion No: C140716-24 Type of Meeting: X Council Special Council Committee of Adjustment Accessibility Advisory Committee Recreational Technical Support Group Human Resources Committee Heritage Committee Speaking Notes: Advised council that due to the wet summer to date and the last 3 storms that we have experienced being a week a part with heavy torrential rain there has been numerous flooding conditions with water appearing in places that staff have never experienced before. In our operating budget there is funds for patching & washouts which will probably be over spent once all the erosions and washouts have been repaired. th During the storm on Tuesday July 8, a substantial washout occurred on Line 6 north of Horseshoe Valley Road at Mill Pond Side Road where part of the road surface was eroded away. 7/29/14 Page 91 of 489 10.l) Report No. RC2014-13, Shawn Binns, Director Recreation... Page 92 of 489 10.l) Report No. RC2014-13, Shawn Binns, Director Recreation... Page 93 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 94 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 95 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 96 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 9ƓĻƩŭǤ/ƚƓƭĻƩǝğƷźƚƓğƓķ5ĻƒğƓķ ağƓğŭĻƒĻƓƷtƌğƓΑCƚƩƷŷĻ /ƚƩƦƚƩğƷźƚƓƚŅƷŷĻƚǞƓƭŷźƦƚŅhƩƚ aĻķƚƓƷĻ 1 Page 97 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 1C ONTENTS 2ExecutiveSummary...............................................................................................................................4 3Introduction........................................................................................................................................14 4EnergyConsumptionAnnualReportandAnalysis..............................................................................17 5OroaĻķƚƓƷĻ͸ƭEnergyGoalsandObjectivesfor5YearPeriod.........................................................23 Objective#1FourthGHGandEnergyConsumptionreportandanalysisforcalendaryear2014....24 Objective#2NewArenawithenhancedbuildingefficiency.............................................................24 Objective#3StreetLightingupdatingwithLEDfixtures...................................................................24 Objective#4EnergyDataManagement............................................................................................24 5.1.1FifthGHGandEnergyConsumptionreportandanalysisforcalendaryear2015..............24 5.1.2Benchmarkingwithsimilarfacilities...................................................................................24 5.1.3FleetAuditbythirdparty....................................................................................................24 5.1.4RenovatedShantyBayFireHall..........................................................................................24 5.1.5SixthGHGandEnergyConsumptionreportandanalysisforcalendaryear2016.............24 5.1.6Benchmarkingwithsimilarfacilities...................................................................................24 5.1.7RenovatedHawkestoneFireHall........................................................................................24 5.1.8SeventhGHGandEnergyConsumptionreportandanalysisforcalendaryear2017........25 5.1.9NewHorseshoeValleyCommunityCenter.........................................................................25 5.1.10RenovatedHorseshoeValleyFireHall................................................................................25 5.1.11EighthGHGandEnergyConsumptionreportandanalysisforcalendaryear2018...........25 5.1.12Preparenew5yearConservationandDemandManagementEnergyPlan(CDM)...........25 6Evaluationofenergyreductionopportunitiesforourfacilities.........................................................26 7ReviewsoftheApplicationofCostEffectiveAlternativeTechnologiesandRenewableFuels..........41 8AssessmentofthePotentialtoReducetheImpactofTransportationRelatedEnergyUse..............47 9DevelopmentofToolstoMonitor,EvaluateandVerifyProgressTowardsMeetingEnergyand GreenhouseGasObjectives........................................................................................................................49 10Futureofconservationanddemandmanagementplanning.............................................................50 11UnexploredConservationOpportunities............................................................................................53 EnergyConservationandDemandQuiz.....................................................................................................57 2 Page 98 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... PrefacetotheEnergyConservation&DemandManagementPlan(CDM)fortheTownshipof OroMedonte. TheintentofthisCDMisthatitwillbecomealivingdocument.Energymanagementiscontinuously evolvingandeffectivemanagementrequiresaconstantfocusandreevaluationofstrategiesto capitalizeonopportunitiesandaddresschallenges.Accordingly,agreatdealofflexibilityhasbeenbuilt intotheplan. Thecontributions andcommitmentoftheƚǞƓƭŷźƦ͸ƭCouncil,SeniorManagementTeamandStaff, whosehardworkandconcernforthefuturehavemadethisplanareality.Thistopdowncommitment willensuretheCDMisintegratedintoMunicipaloperationsandtheƚǞƓƭŷźƦ͸ƭculturetherebyaligning withtheƚǞƓƭŷźƦ͸ƭstrategicobjectivesand visionof ExcellenceinServiceDelivery. TheTownshipofOroMedontehasbeenproactiveandprogressivewithrespecttoenergymanagement andconservationactivitiespriortotheProvincialmandateforthisplanbeingenactedundertheGreen EnergyAct.Itishopedthatthislegislationwillfacilitateourcontinuedplanningandconservation activities,buildourpastsuccessesandfacilitatelearning,collaborationandcontinuousimprovementin theMunicipalsector. 3 Page 99 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 2ES XECUTIVEUMMARY IntroductionandBackground. TheOntarioProvincialGovernmenthascommittedtohelpmunicipalitiesbetterunderstandand managetheirenergyconsumption.Aspartofthiscommitment,OntarioRegulation397/11underthe GreenEnergyAct2009requiresmunicipalitiestoreportontheirenergyconsumptionandgreenhouse gas(GHG)emissionsannuallybeginningin2013andtodevelopandimplementEnergyConservationand DemandManagement(CDM)plansstartingin2014tobeupdatedevery5years. ThisdocumentrepresentstheCDMfortheTownshipofOroMedontefor20142019.InthisfirstCDM,a retroactivelookintotheenergyuseandinitiativesundertakenfrom2011to2013shallformthebasisof oursettingenergybaselinesandbenchmarkingourfacilities. ThisCDMisintendedtobealivingdocumentthatwillhelpdevelopandstructureparadigmsand operationalproceduresdesignedtoimproveenergyefficiencyandreduceenvironmentalimpactsof Townshipactivities. SummaryofProgressandAchievements20122014 1.ReductioninElectricalenergyusefrom2011to2012of205,372kWh(6.17%)andreductionin 1 kgCO2ee/aby36706.7kgCO.(8.09%). 2 2.2013wasthemostextremewinterinthelast30years.2 Notonlywassnowfallalmostdouble theaverage.SowereHeatingDegreeDaysoverthewintermonths.Thisresultedinanincrease inenergyusefromestablishedbaselineof8.4%or280,212kWh.Mostofthisenergywasdueto heatingandthushadahighGreenHouseGasimpactof10.39%overestablishedbaselineor 47,139.6kgCOe.Itishopedthatthisyearisanoutlierandnotasignofatrend.WhenͻƓƚƩƒğƌͼ 2 weatherreturnssoshouldthereductioninconsumptionassociatedwithimprovementsto facilitiesandprocesses. 3.2012InstallationofglycolcoolingloopinArenarefrigerationplantreducingthedemandon wellpump. 4.Installationofvariablefrequencydrivesonpumpingstations. 5.2012AdministrationOfficeHVACreplacementandinstallationofbuildingautomationsystem. AnticipatedannualKW/Hreduction212,876or48%producingasavingsofapproximately $17,000/year(2012marketrates). 6.20112013Lightingupgradestomoreefficientlightingatanumber offacilities. 7.2013ICFfoundationandwallsincludedinHuroniaNursePractitionerClinicexpansion. 8.ReceivedinitialOpportunityAssessmentReviewfromHoneywellMarch22,2013. 9.ReceivedOpportunityAssessmentReportfromHoneywellAugust29,2013. 10.ReceivedLEDStreetLightProposalfromRealtermDecember6,2013. 11.2013FurnaceconversionsoiltogasΑEdgarandOldTownHall. 12.2013NewradiosΑdigitalfrequencyΑenhancingcommunication. 1 YearlynumbersproducedbyLASspreadsheetforConsumptionreporting,comparativedonewithsimple mathematicswithnointerestofinflationcalculated. 2 EnvironmentCanada 4 Page 100 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 13.20132014EnergyandbuildingefficiencyidentifiedasprojectobjectiveforOroMedonte CommunityArenaRenovationandcapturedinscopeofrenovation 14.20122014ProcessimprovementsΑtablettechnologylaunchedinEnvironmentalServices, BuildingandPlanning,andRecreationandCommunityServicetostreamlineoperationsand overallefficiencies. 15.2013InstallationofGPSinTransportationFleetΑMoreefficientoperationsandgreaterability toplanandcontrol. 16.2013HeatingconversionatvariouspumpingstationsΑelectrictogas 17.20112013Stafftrainingonenergymanagement. 18.20112014CompletedreportingrequirementsoftheGreenEnergyAct. 5 Page 101 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... PlannedMeasuresforthenext5years EnergyDataManagement:EnergyuseinFacilities: 1.CDMplan.1.Energy/Efficiency/Environmental 3 2.ContinuedLASassistedreportingonImpactconsideredinfacility yearlyEnergyConsumption.managementstrategies. 3.Annualanalysiswithestablished2.CentralizedFacilitymanagement baselinesandbenchmarkingagainstfunctiontostandardizeprocessesand similarfacilities.Recommendationsenergymanagementfunction. incorporatedintoannualbusiness3.Reviewpossiblestrategiesfor planningreductionoffacilityneedssuchas 4.Increasedandmoredetailedauditingoftechnologyforworktobecompleted resourceusage.inthefield,staffschedulingandflex 5.Recordingandreportingofoutages.time. 6.MonthlyEnergyBilltracking 7.Cost/BenefitAnalysis EquipmentEfficiency:OrganizationalIntegration: 1.Newmoreefficientwellbeing1.ImplementaCorporateEnergy developedforHorseshoeValleyarea.ConservationPolicy 2.ConversionofRobinCrestPumphouse2.Asnotedabovein2013theTownship, generatordiesel/gas.throughtheCountyof{źƒĭƚĻ͸ƭenergy 3.Furnaceconversionsoil/gasΑJarrattmanagementconsortiumretainedthe andHawkestoneCommunityHallsexpertiseofHoneywelltodevelopa 4.ArenaRenovationswith:highlevelopportunityassessmentfor a)Newmoreenergyefficienticeenergymanagement.Thesenior plant.managementteamarecurrently b)Automatedplantcontrolsusingreviewingtheopportunityassessment surfacetemperature(infrared)andthefeasibilityofproceedingwitha ratherthanbrinetemperature.letterofintenttoundertakeidentified initiatives. c)Newheatrecoverysystemsfrom iceplantforOlympiawaterheating3.FormationofanEnergyTeaminorder d)Newinfloorradiantheatingsystemtofacilitate EnergyManagement forchangerooms.Corporationwideonaconsistentand e)Conversionfromelectric/oilwaterongoingbasis. heaterstogasfiredboilersystem.4.IntegrationofEnergyManagement f)RemovalofelectricbaseboardintoTownshipstrategicandbusiness heatingsystems.planningandperformance g)Newloweceilingovericesurface.managementprogram. h)Newflowcontrolsonshowersand taps. i)Newlowflowfixtures. j)Newinsulationonexteriorwalls. k)Newenergyefficientdoors. 3 LocalAuthorityService(LAS),asubsidiaryoftheAssociationofMunicipalitiesofOntario,isaproviderof competitivelypricedandsustainablebusinessservicesforOntariomunicipalitiesandthebroaderpublicsector. 6 Page 102 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... l)Automatedheatingcontrolsaspart ofbuildingautomation.Oro MedonteCommunityArenaProject ΑLighting,controls, mechanical/electricalΑconversion ofoil/electric/propanetonatural gas. m)LEDLEDRinkLighting 5.FeasibilityreviewtoconverttoLED Streetlights.(702streetlights) 6.Newfirehallconstruction2015 Fleetreview2015. EnergyCultureTrainingandAwareness:RenewableEnergy: 1.StafftrainingonEnergyManagement.1.Continuetomonitorandexplore Townshipandpartneragenciestofacilitatepossiblerenewableenergy energymanagementworkshopwiththeopportunities. ƚǞƓƭŷźƦ͸ƭindustrial/commercialsector.2.Supporttheconceptofrenewable energyandplanforfutureutilizations. Financial/Grantopportunities: 1.LocalAuthorityService(LAS),a subsidiaryoftheAssociationof MunicipalitiesofOntario,isaprovider ofcompetitivelypricedandsustainable businessservicesforOntario municipalitiesandthebroaderpublic sector.LAShelpsitscustomersͻƭğǝĻ money,makemoney,andbuild ĭğƦğĭźƷǤͼ͵Overthepastnumberof yearsLAShasfocusedenergy managementandprovidedsupportand resourcestoMunicipalitiesthrough fundingithasreceivedthroughthe OntarioPowerAuthority.TheTownship alsoengagedLAStoassistinenergy managementandtheyhaveassisted theTownshipinrealizinganumberof theinitiativeslistedabove. 2.InvestigationofLASenergypurchasing programs. 3.PurchasingByLawreviewtoinclude provisionsforenergy/environmental considerationsinTwp.Purchasing decisionsaswellaslifecyclecost/ benefitanalysis. 7 Page 103 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Baseline Energy Use ShortTermRecommendations 1.ImplementaclearCorporateEnergyConservationPolicytiedtotheSustainabilitygoalinthe ƚǞƓƭŷźƦƭ͸ƭStrategicPlan. 2.FormationofanEnergyTeaminordertofacilitateEnergyManagementCorporationwideon aconsistentandongoingbasis. 3.Increasedandmoredetailedauditingofresourceusage. 4.Recordingandreportingofoutages. 5.Increasedandfacilitatedanalysisofrecordedinformation. 6.Monthlyenergybilltracking. 7.Energyconservationtrainingaspartofongoingtraininginitiatives. 8.Energyconservationtipsaddedtocorporatenewslettersandwebsites. 9.PolicyandProcedurecreationtofacilitateLifeCycleplanninginpurchasingandefficiencyin resourceuseinoperatingprocedures 10.Reviewfeasibilityofcentralizedfacilitymanagementfunctionanddeveloping/acquiring competenciesinenergymanagement. 11.Energyconservationtobeincorporatedintoannualbusinessplanningandperformance managementprogram. 8 Page 104 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Baseline Energy Use In2011,theTownshipofOroMedonteusedapproximately6,068,520.48ekWhofenergyfromfacilities andtransportationsources.ThisenergyuseproducedGHGemissionsofapproximately1,285,009.37 2 kgCOe.Thisenergyusebeingthefirstthathasbeenreportedformsthebaselinefromwhichother yearsreportingwillbecompared.Inadditiontocomparingfacilitiestothisestablishedbaselinefacilities havealsobeengroupedintobenchmarkingclassesbasedonuseandsize.Itiscomparisonswithinthese classesandtocomparablefacilitiesinothermunicipalitiesthatcluestoimprovedefficienciescanbe gained.Duetorenovationsordecommissioningforsomefacilitiesitmaynothavebeenappropriateto use2011asthebaselineyear.Thoseexceptionsareexpoundedinthenotesonchart. FacilityElectricityUseOtherinBenchmarkingNotes ekWh/yr. CarleyHall1,848ekWh/yr.ClassCHallFacilitytobe 2011renovatedin2012. Facilitynotinuse andnoheatonso 2012willbecome baselineforthis facility. CarleyHall5,401ekWh/yr.8,816.22ClassCHallAsof2012onlyHall 2012ekWh/yr.inthisclass.Hashad (oil)anoilfurnace installedand structural improvementswith someinsulation added. MainenergyķƩźǝĻƩ͸ƭ lightsand refrigerator. CraighurstHall3,411ekWh/yr.2,004.67ClassCHallFacility 2011ekWh/yr.(oil)Decommissioned 2012leftinbaseline toaccountfor additionalloadon nearbyhalls. EadyHall9,867ekWh/yr.24,616.44ClassBHallEnergyuseveryhigh 2011ekWh/yr.foruseandsize. (oil)Maindrivers refrigerators,stoves, airconditioningand lights.Oilheating. LittleInsulation. 9 Page 105 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... FacilityElectricityUseOtherinBenchmarkingNotes ekWh/yr. EdgarHall5,559ekWh/yr.32,786ekWh/yr.ClassBHallOiluseveryhighfor 2011(oil)useandsize.Main drivers,Lights, refrigerator. Heating.Verylittle insulation,windows poor. OldTownHall9,938ekWh/yr.71,682.99ClassBHallOilandelectricaluse 2011ekWh/yr.(oil)high.Maindrivers, heat,lights. HawkestoneHall5,849ekWh/yr.48,209ekWh/yr.ClassAHallDrivers,heat,Lights. 2011(Oil) JarrattHall20115,849ekWh/yr.48,209ekWh/yr.ClassAHallDrivers,heat,Lights. (Oil) Administration301,4662,157.44MainDrivers,heat,lights, Office2011ekWh/yr.ekWh/yr.Administrationcomputers. (gas) Arena2011654,91713,402ekWh/yr.ArenaDrivers,Ice,Heat, ekWh/yr.(oil)Lights,HotWater OPP201132,406ekWh/yr.42,829.94OPP/NurseDrivers,Heat,Lights ekWh/yr. NorthYard201142,082ekWh/yr.163,030.10Yard500m2Drivers,Heat,Lights ekWh/yr.1000m2 (gas) SouthYard201151,182ekWh/yr.282,192.42Yard1000m2+Drivers,Heat,Lights, ekWh/yr.wielding (propane) HorseshoeFire52,262ekWh/yr.108,754.04ClassAFireHallDrivers,Heat,Lights. HQ2011ekWh/yr.(gas) MoonstoneFire18,385ekWh/yr.90,750.59ClassBFireHallDrivers,Heat,Lights. Hall2011ekWh/yr. (gas) HawkestoneFire19,021ekWh/yr.31,213.78ClassBFireHallUsedasdrying Hall2011ekWh/yr.facilityfor (gas)equipment. RugbyFireHall5,079ekWh/yr.31,266.92ClassCFireHallDrivers,Heat,Lights. 2011ekWh/yr. (gas) ShantyBayFire8,864ekWh/yr.38,631.97ClassCFireHallDrivers,Heat,Lights. Hall2011ekWh/yr. (gas) WarminsterFire35,097ekWh/yr.ClassCFireHallElectricHeatOnly Hall2011 10 Page 106 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... FacilityElectricityUseOtherinBenchmarkingNotes ekWh/yr. CanterburyPump17,372ekWh/yr.797.08ekWh/yr.ClassCWaterVerySmallSystem house(gas)System Cedarbrook20,975ekWh/yr.1,572ekWh/yr.ClassCWaterVerySmallSystem Pumphouse(gas)System CraighurstPump43,845ekWh/yr.233.81ekWh/yr.ClassAWater house(gas)System Harbourwood64,508ekWh/yr.2,391.25ClassAWater PumpHouseekWh/yr.System (gas) Horseshoe189,459ekWh/yr.ClassBWaterGravityfeedonly HighlandsPumpSystemsystemofthisclass HouseinTownship Horseshoe15,442ekWh/yr.Gravityfeedonly HighlandsTowersystemofthisclass inTownship Maplewood36,696ekWh/yr.467.62ekWh/yr.ClassAWater PumpHouse(gas)System MedonteHills9,317ekWh/yr.ClassAWater BoosterStationSystem MedonteHills39,920ekWh/yr.0ekWh/yr.ClassAWater PumpHouse(gas)System RobincrestPump100,204ekWh/yr.ClassAWater HouseSystem ShantyBayPump83,553ekWh/yr.2,518.78ClassAWater HouseekWh/yr.System (gas) Sugarbush65,976ekWh/yr.0ekWh/yr.ClassAWater BoosterStation(gas)System Sugarbush906ekWh/yr.ClassAWater ReservoirSystem SugarbushPump36,997ekWh/yr.ClassAWater HouseSystem SugarbushPump57,345ekWh/yr.ClassAWater houseWell#2System Warminster44,604ekWh/yr.1,859.86ClassAWater BoosterStationekWh/yr.System (gas) Warminster92,617ekWh/yr.ClassAWater PumphouseSystem 2011TotalsFromTotalTotalGHGAllsystemswhich FacilitiesOnly3,328,153.50453,650.96havetoreport ekWh/yr.kgCOe/yr.currentlyunder 2 397/11. 11 Page 107 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... FacilityElectricityUseOtherinBenchmarkingNotes ekWh/yr. 4 Streetlights448,21144,821.1702Streetlights 5 ekWh/yr.kgCOeofvarioussizes. 2 6 Transportation2,740,366.98831,358.41 ekWh/yr.kgCOe 2 Notes:TheTownshipshighestuserofenergyistheArenawith654,917ekWh/yr.Thisisonthelowside oftypicalsinglepadarenas,withmostconsumingbetween600,000and2,000,000kWh/yr.depending onlocation,facilityconstructionandoperatingprofile(ImprovingEfficiencyinIceHockeyArenas written byASHRAE(AmericanSocietyofHeating,RefrigeratingandAirConditioningEngineers). Althoughitisnotyetalegislatedrequirementtransportationcostshavealsobeenexaminedforthis year.Itonlymakessensetojointhesecoststootherfacilitycostsandsearchformeasuresandsolutions forbothareasofenergyuseatthesametime.Theestimatedtransportationbaselinelevelof 2,740,366.98ekWh/yr.and831,358.41kgCOe.(RefertoAppendixA,TransportationConsumption& 2 Emissions)ΑŷźƭtransportationdatahasbeenestimatedusingfleetdatafromtheTownshipofOro Medonte,fuelpriceinformationfromtheMinistryofEnergyandconversionfactorsfromEnvironment Canada. ThisindicatesthatthemajorityofgreenhousegasemissionsbytheCorporationis fromvehiclesources. Thisbaselinemaybeadjustedinthefutureintwoways. 1)Newyearlybaselineestablishedfornewfacilitiesorfacilitieswhichhavechangedareaorfunction. 2)Consumptionmaybeaveragedovermultipleyearstoproducenewmoreaccuratebaseline.Thisis normallydonewithnofewerthanthreeyearsdata. 4 EstimatefromLEDStreetLightProposalbyRealtermEnergy. 5 100g/CO/kWhestimated. 2 6 Estimatesbasedon$consumptionandaveragecostoffuel. 12 Page 108 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... ConsumptionekWhFacilitiesCombined ElectricityandHeating2011 242,544.22 303,623.44 75,235.94 439,325.30 799,360.77 538,486.52 929,577.31 AdministrationFireTransportation EnvironmentalArenaPolice/NursePracticioner TownHalls 13 Page 109 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Introduction Purpose TheEnergyConservationandDemandManagementPlanisalegislatedrequirementmunicipalityunder OntarioRegulation397/11madeundertheGreenEnergyActof1999.TheintentionoftheTownshipof OroMedonteistogobeyondtherequirementsofmandatedreportingandplanningtoalivingand significantdocumentwithintheoperationalframeworkoftheTownshipofOroMedonte. Atthispointintimetheplanwilldefineandrecommendmeasuresatahighlevelinareassuchas: EnergyDataManagement,EnergyUseinFacilities,EquipmentEfficiency,OrganizationalIntegration EnergyTrainingandAwarenessandCulturalDevelopmentandRenewableEnergy. Althoughtheintentistomakeinformationavailableforsharingandcommunicationinalldirectionsthe mainareasoffocusofthisplanandthegeneralizedflowofinformationisrepresentedbythischart. DataManagement AssessmentofData Monitoringand andEfficiency DataCollection Identification Implementation Trainingand andProcess Education Improvement DataManagement:Formsthebackboneformeetingthereportingfunctionwhichisthemainlegislative requirementoftheGreenEnergyAct.Themaincomponentofdatamanagement,theannualenergy consumptionandGHGemissionreporthas,andwillcontinuetobemaintainedbythefinanceoffice.As energybillscomeintheyareinputintosoftwareprovidedbytheLASinordertoproduceareportatthe endofeachyear. OtherformsofdatasuchasoccupantandusersurveyresultswillbethoughthecourseofthisCDM producedandmaintainedbyotherdepartmentsonacasebycasebasis. 14 Page 110 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... AssessmentofDataandEfficiencyIdentification:EachDepartmentshouldbeengaginginsomeformof thisactivity.Asmoredataandmoredetailedinformationisgathereditwillbepossibletoidentifymore opportunitiesforconservationandefficiencybycomparingandcontrastingresultsfrompreviousyears andbybenchmarkingactivitiesagainstothermunicipalitiesengagedinsimilardeliveryofservice. ImplementationandProcessImprovement:Isataskforallstaff.AstheTownshipbeginstomovethe paradigmfromademandtoaconservationcultureallemployeeswillhavetobuyintotheconceptsand initiative. TrainingandEducation:Isarequirementforanyeffectivechangeandwillimproveallotherprocesses. MonitoringandDataCollection:Isthedrivingengineoftheprocess.Yearlyrequiredconsumptionand emissiondatacollectionandreportingwillidentifysuspectfacilitiesandincreasedmonitoringwillallow aclearerpictureofenergyopportunities. Background TheTownshipofOroMedontehasbeenactiveintheareaofconservationandenergy.Aswellas followingallrequiredlegislationtheTownshiphasactivelypursuedconservationopportunitiesasthey havebecomeavailable.UsingtheSaveOnEnergyprogramlightingwasupdatedintheadministration centeraswellasseverallightingupgradesinArenaandCommunityHalls.TheTownshiphasalsoopted tobeginassessmentoftransportationenergyuseaheadofanylegislatedrequirements. TheDrivers Economic:Electricityandotherenergypricesarerising,electricitybecomingmoreexpensiveandthe marketmorevolatile.Investmentinenergynetworkinfrastructureisrampingup,andAverageenergy priceshaverisen6.7%annuallysince2002 7.Naturalgaspriceshavejustbeenapprovedfora40% increase.Currentprojectionshaveelectricityintheprovinceincreasinginpricebyover40%inthenext 5years.Technologyforusingenergymoreefficientlyisconstantlyimproving. Political:Canadaiscommittedtoreducingitsgreenhousegasemissionsasasignatorytothe CopenhagenAccordin2009.Withthecollapseofthemuchmorestrict(andunobtainable)Kyoto agreementtheCopenhagenAccordsetsamuchmorereasonablegoalofa17%reductionof2005levels by2020.Reducingenergywastejustmakesgoodpolicysenseitreducesexposuretothepriceof carbon,makesbusinessmoreproductive,helpsmanageenergyrisks,andcontributestoourcleangreen internationalimage.Animagethatislatelyunderconstantfirebyoppositiontodevelopmentof CanadianresourcessuchastheAlbertaOilSands.Provinciallythereisastrongdrivetoreduce consumptionand towardsalternativepowergeneration.Ontariohasjustmanagedtoshutdownthe lastofitscoalfiredpowergenerationstations. Environmental:Reducingenergywastedoesn'tonlyreduceGHGemissions,butitreducestheneedfor marginalenergysupplyinfrastructure,andalloftheaccompanyingenvironmentalimpacts. 7 MinistryofEnergy 15 Page 111 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Social:Energyefficiencyhashealthbenefits,bothinthehomeandatworkandgettingmoreenergy servicesforthesameamountofenergymakesitmoreaffordable.Amoreproductivesystemis generallyalsoamoreeffectivesystem. TheBarriers InformationandSkillGaps:Thereareawiderangeofskillsneeded;fromunderstandingthebenefitsof improvingenergyuse,throughtotheengineeringskillsneededtoinstallandoptimizeenergyusing equipment.Thedemandforandthedrivefortheseskillshasbeenlackingifnotentirelyabsentinthe workforceforanumberofyears.Trainingandhiringnowisinacatchupcycleastheseskillswill becomemorerecognizedandvalued. ManpowerandResourceGaps:Oftensmallmunicipalitiessimplydonothavetheresourcestoexplore newtechnologyormanpowertoproperlyresearchandguidedecisionmakingbasedonlifecyclecosts. InformationAsymmetries:Whentwopartiesdonothaveequalaccesstoinformation.Forexample,a buildingownermaynotbeabletotellthedifferencebetweenacompetentandincompetentenergy efficiencyserviceprovider,orthefullcostimplicationsoftwodifferentenergyusingplantand equipment.InordertocombatthisinternallytheTownshipisworkingtomakeallinformationonenergy useavailabletoalldepartmentsandidentifiedstaff. BoundedRationality:Usingtheold"ruleofthumb"toproblemsthatrequireadifferentstructuretothe decisionmakingprocess.Forexample,anenergyefficiencyupgrademaysavesignificantlyonoperating costsbutthemaintenanceķĻƦğƩƷƒĻƓƷ͸ƭbudgetistheonlypartofthebusinessthatconsidersasset replacement,capitalcostsoftentakeprecedentandenergycosts/lifecyclecostsareignoredorunder estimatedintheirdecisionmaking.Theworldandespeciallytechnologyischangingallalternativesneed tobeexploredevenonesthathavebediscardedorunsuccessfulinthepast. PrincipalAgentProblems:Improvingenergyefficiencycanhavemultiplebenefitstomultiplepeople, butthecostsmaynotalignwiththebenefits.Forexampleatenantmaypaytheelectricitybillwhich doesn'tdirectlyimpactonthelandlord,sothelandlordmaynotwanttoinvestinmoreefficientheating, cooling,airconditioningorinsulation.Thisproblemwillbecomemoreapparentinthefutureasthe Townshipentersintomoreagreementswiththirdpartiessuchashasbeendonethenursepractitioner facilityinHorseshoeValley.TheTownshiphasmaderealheadwayintheareaofcustomerserviceover thelastnumberofyearsandcontinuedandincreasedcommunicationswitherdirectorbysurveyswill helpwiththistypeofproblem. EconomicExternalities:AswithPrincipalagentproblems,ifsomeonedoesn'tpayforthefull costsof damagetheycause,orreceivethefullbenefitfromwhattheypay,thendecisionmakingwillbeinferior. Inthecaseofmunicipalitiesoftenbulkbuyingreducestheimpactofinefficientequipmentorprocesses. Treatingenergyasifwehavetopayfullpriceforitisagoodpracticeinplanningoperationsasoneday subsidiesforenergyformunicipalitiesmaybereducedoreliminated.Itisalsopasttimewhenthe Townshipconsideredincreasedfeesforserviceswithvalueadded.Forexamplebanquethallrentals. Feeshouldbeatonelevelforuserswhojustarehavingasmallpartyormeeting.Rentalsthatrequire hugesetupsandteardownshowevershouldbechargedforthisextraservicewhichisnotreflectedin 16 Page 112 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... thecostofrental.Rentalratesingeneralshouldbeadjustedtoactuallyreflectcostofproviding services. RegulatoryProblems:Capturingthefullbenefitsofanenergyefficiencyimprovementcanruninto problemswhentryingtoreducecapacityfromasupplycompanythathasregulatoryincentivestoinvest inmaximumcapacityinfrastructure,andnothaveaprimaryincentivetoconsiderthelongterm interestsoftheconsumer. Technological:ByimplementingenergyefficienttechnologiesintoCanada'seconomy,weenhancethe experienceofCanada'sworkforceinworkingwithtechnology,andimprovetheopportunitiesfor Canadianbasedtechnologicalsolutions.Therateatwhichtechnologyisadvancingisstaggeringand increasedrelianceontechnologiesalsocomeswithanenergycost. Social:EconomicandRegulatory ConservationisoftenapoliticalfeelgoodandbeingͻŭƩĻĻƓͼis consideredtobethebeallandendallformanyeconomicplans.Assuchmanytechnologiesthatare untested,economicallyunviablecurrentlyorlongtermunsustainableareoftenpromotedthrough regulationandeconomicgrants.Thisdrawingofregulationandfundsawayfrommainstream conservationandefficiencyprojectsthatpotentiallyhavegreatercost/benefitratio. 3ECARA NERGYONSUMPTIONNNUALEPORTANDNALYSIS KeyPerformanceIndicators Oneofthekeyphasesofanysuccessfulplanismonitoringanddatacollection.Manyconsumptionand conservationconceptsareintrinsicallyhardtomeasure.Thedefinitionofkeyperformanceindicators (KPI)isanimportantpartofplanninginordertomakerelevantcomparisons. KPIUnits/MeasurableQualityImplementation EnergyConsumptionekWh/yr.Reportedquantitydirectfor electricity.Convertedforother sourceswithdevelopedfactors. Calculatedannually. Greenhousegas(GHG)kgCOe/yr.Reportedquantitycalculated 2 emissionswithannuallydeveloped factors. 2 GHGIntensity(GHGfootprint)kgCOe/mReportedquantitybasedon 2 facilitygreenhousegas emissionsdividedbyfacility area. 2 EnergyIntensity(EnergyekWh/mReportedQuantitybasedon footprint)facilityenergyconsumption dividedbyfacilityarea. 17 Page 113 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... EnergyIntensityWaterekWh/MLReportedquantitybasedon energyconsumptiondividedby treatedwaterproduction Continuity#ofinterruptions/yr.Shouldbeaddedintoour reportingimmediatelyand figuredintoyearlyassessment. Manuallyrecordedateach facility. Reliability#hr.ofinterruptions/yr.Shouldbeaddedintoour reportingimmediatelyand figuredintoyearlyassessment. Manuallyrecordedateach facility. NumberofProjects#ofprojects/yr.Shouldbeaddedintoour reportingimmediatelyand figuredintoyearlyassessment 2011SummaryofEnergyConsumption RefertoAppendixB(MinistryofEnergy,TemplateforOntarioRegulation397/11,2011) ThefirstreportoftheTownshipofOroaĻķƚƓƷĻ͸ƭEnergyConsumptionisusedtoprovideabaselinefor futurereportsandanalysis.Littleanalysiscanbedonewiththisreportonitsown,otherthan contrastingenergyuseamongTownshipfacilities.Forthepurposesofbenchmarkingitispossibletouse energyintensitytodosomecomparativeanalysisbutbuildingshaveuniqueenergyrequirementsthat donottranslateacrosstheboardsimilarfacilities.TheTownshipsfacilitiesagainsteachotherand againstsimilarfacilitiesinothermunicipalitiesthefollowing classificationshavebedeveloped. BenchmarkingClasses: TownHallsFireHallsMiscellaneous 22 ClassAHallover200mClassAHallover700mArena HawkestoneHallandJarrattHorseshoeArena 2 Hall ClassBHall300400mOPP/Nurse 2 ClassBHall100to200m Moonstone,HawkestoneOPP/Nurse 2 EadyHall,EdgarHallandOld ClassCHall100300mMainAdministration TownHallRugby,ShantyBay,andAdministration 2 ClassCHalllessthan100m Warminster CarleyHalland(Craighursthall beforedemolition) RoadsYardsWaterSystems RoadsYard5001000m2 NorthYard 18 Page 114 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... RoadsYard1000m2+ ClassAWaterSystemsizable SouthYard systemwithastandpipeor tower. Craighurst,Harbourwood, Maplewood,MedonteHills, Robincrest,ShantyBay, Sugarbush,Warminster ClassBWaterSystemgravity feedsystem Horseshoe ClassCWaterSystemssmall watersystems Canterbury,Cedarbrook WhenEnergyConsumptionReportsbecomeavailablefromothermunicipalitiesfacilitieswillbe identifiedwhichareequivalenttoidentifiedclassesandcomparedandcontrasted. Somenotesonthe2011report. Thisisthefirstyearinwhichacompleteenergyusereporthasbedone. In2011Townshipfacilitiesusedtheequivalentof3,328,153.50kWh(MinistryofEnergy, TemplateforOntarioRegulation397/11,2011). TheelectricalusefortheTownshipthisyearistheequivalentof209homesor483passenger 8 vehicles. TooffsetelectricalusefortheTownshipthisyearwouldrequire1,880acresofforestforone 9 year. In2011thetownshipenergyusecreatedtheequivalentof453,650.96kgCO.(Ministryof 2 Energy,TemplateforOntarioRegulation397/11,2011) TheGHGemissionsfortheTownship,thisyearareequivalentto41.4homesor95.5passenger vehicles 10. TooffsetGHGemissionsfortheTownshipthisyearwouldrequire372acresofforestforone 11 year. 8 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 9 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 10 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 11 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 19 Page 115 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Reportincludes:2Roadyards,1Arena,TownshipOffice,theOPP/NursePractitionerstation,7 communityhalls,6firehallsand17watersystempumphousesandtowers. TheresultsforCarleyHalldonotindicateanyoilconsumptionforthisyearasfurnacehadbeen removedandnotyetreplaced. Vehicleconsumptionisnotarequirementforthisperiod,howeveritwasestimatedtobe 12 2,740,366.98ekWhand831,358.41kgCO2ee.Thisidentifiesthatthemajorityofthe TownshipsGreenhousegasemissionsarefromtransportation. 12 EstimatedusingaverageenergycostsRefertoAppendixD. 20 Page 116 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 2012SummaryofEnergyConsumption RefertoAppendixC(MinistryofEnergy,TemplateforOntarioRegulation397/11,2012) ThissecondreportoftheTownshipofOroaĻķƚƓƷĻ͸ƭEnergyConsumptionisthefirstinwhichan analysiscanbedoneofindividualfacilities. Somenotesonthe2012report. In2012Townshipfacilitiesusedtheequivalentof3,122,781.64kWh(MinistryofEnergy, TemplateforOntarioRegulation397/11,2012). TheelectricalusefortheTownshipthisyearistheequivalentof195homesor450passenger vehicles 13. TooffsetelectricalusefortheTownshipthisyearwouldrequire1,752acresofforestforone 14 year. ComparedtolastyeartheTownshipused205,372lesskWhofelectricity. 15 Thisreductioninelectricaluseisequivalentto12.9homesor29.8passengervehicles. In2012thetownshipenergyusecreatedtheequivalentof416,944.31kgCO(Ministryof 2 Energy,TemplateforOntarioRegulation397/11,2012). TheGHGemissionsfortheTownshipthisyearareequivalentto38homesor87.8passenger 16 vehicles. TooffsetGHGemissionsfortheTownshipthisyearwouldrequire342acresofforestforone 17 year. IncomparisontolastyeartheTownshipfacilitiesreducedemissionsby36,706.7kgCO. 2 ThisreductioninGHGistheequivalentto3.3homesor7.7passengervehicles 18. Reportincludes:2Roadyards,1Arena,TownshipOffice,theOPP/NursePractitionerstation,7 communityhalls,6firehallsand17watersystempumphousesandtowers. ThisisthefirstreportwiththerenovationsatCarleyHallCompletedandthusisthenew baselineforthisfacility. Transportationconsumptionalthoughstillnotarequiredreportableisestimatedtobe 19 2,657,355.07ekWhandemissionsof663,752.17kgCO2eeforthisperiod. 13 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 14 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 15 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 16 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 17 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 18 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 19 EstimatedusingaverageenergycostsRefertoAppendixD. 21 Page 117 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Transportationconsumptionandemissionsareslightlydownfrom2011. 2013SummaryofEnergyConsumption RefertoAppendixD ThisthirdreportoftheTownshipofOroaĻķƚƓƷĻ͸ƭEnergyConsumptionisthesecondinwhich widespreadanalysisispossible.Itisthefirstinwhicha36monthbaselinecouldbeestablished. In2013Townshipfacilitiesusedtheequivalentof3,608,365.02kWh(MinistryofEnergy, TemplateforOntarioRegulation397/11,2013).Theincrease2012/2103islargelyattributable tothewinterconditionsandheatingdegreedays. TheelectricalusefortheTownshipthisyearistheequivalentof227homesor524passenger vehicles 1. TooffsetelectricalusefortheTownshipthisyearwouldrequire2,039acresofforestforone 2 year. ComparedtobaselinetheTownshipused280,212morekWhofelectricity. Thisincreaseinelectricaluseisequivalentto17.6homesor40.7passengervehicles.3 In2013thetownshipenergyusecreatedtheequivalentof500,790.58kgCO(Ministryof 2 Energy,TemplateforOntarioRegulation397/11,2012). TheGHGemissionsforthetownshipthisyearareequivalentto45.7homesor105passenger 4 vehicles. TooffsetGHGemissionsfortheTownshipthisyearwouldrequire410acresofforestforone 5 year. IncomparisontobaselinetheTownshipfacilitiesincreasedemissionsby47,139.6kgCO. 2 6 ThisincreaseinGHGistheequivalentto4.3homesor9.9passengervehicles. Reportincludes:2Roadyards,1Arena,TownshipOffice,theOPP/NursePractitionerstation,7 CommunityHalls,6FireHallsand17WaterSystemPumpHousesandTowers. Transportationconsumptionalthoughstillnotreportingrequirement,isestimatedtobe 78 3,266,682.16ekWhandemissionsof816,937.52kgCOeforthisperiod. 2 Transportationconsumptionandemissionsareupfrom2012mostlyduetosnowremoval. 1 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 2 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 3 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 4 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 5 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 6 FromEPAGreenhouseGasEquivalencesCalculator.http://www.epa.gov/cleanenergy/energy resources/calculator.html 7 EstimatedusingaverageenergycostsRefertoAppendixD. 8 EstimatedfromfleetfueluseandconversionfactorsfromMinistryofEnergyandMinistryofEnvironment. Page 118 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 4OM͸EGO5Y ROEDONTESNERGYOALSANDBJECTIVESFOREAR P ERIOD InordertoimplementaworkableandconsistentConservationandDemandEnergyPlanitis recommendedthatanEnergyTeambecommissionedfromexistedstaff.Itisrecommendedthatthe teamconsistof: StaffRoleinEnergyTeam PaulGravelle,DirectorofFinance,TreasurerandEnergydatamanagementandProjectfinancing DeputyCAO HughMurray,FireChiefEnergyemergencycoordinationandemergency servicesenergyconservation JerryBall,Director,Transportation&Energysupplymanagementandenergyefficient EnvironmentalServicesprocurement,streetlightandworkyardenergy conservation ShawnBinns,Director,Recreation&CommunityPrimarypointofcontactforallenergyrelated Servicesmatters. JonathanRoe,FacilityOperatorFacilityenergyuse,environmentalimplicationsof energyconsumptionandenergyawareness OroMedontehasbeenproactiveinitsapproachtoenergymanagement.Severalmajorenergy conservationprojectshavebeenimplementedpriortothisCDMaswellasmanyenergystudiesand models. Ofnoteare: TownshipofOroMedonteLEDStreetLightProposalDecember6,2013.ThisproposalbyReal termEnergy,LASandCreeCanada.Townshipismovingforwardwiththisproposalandstreet lightupdatingshouldbeginin2014replacing702streetlightswithLEDunits. EnergyManagementTool(EMT)providedbytheLocalAuthorityService(LAS)softwaretotrack usagebasedonutilitybills. ArenaRenovationproject.This multimilliondollarrenovationoftheTownshipsaging Arenafacilitycontainsmanyenergymanagementopportunitieswhichhavebeincludedwithin thescopeoftheprojectafewexamplesare: 1.Newmoreenergyefficienticeplant. 2.Automatedplantcontrolsusingsurfacetemperature(infrared)ratherthanbrine temperature. 3.BuildingAutomationsystem(BAS). 4.Newheatrecoverysystemsfromiceplantfordomestichotwaterheating. 5.Newinfloorradiantheatingsystemforchangerooms. 6.Conversionfromelectricwaterheaterstogasfiredboilersystem. 23 Page 119 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 7.Removalofoilfiredboilersystem. 8.Removalofelectricbaseboardheatingsystems. 9.Newloweceilingovericesurface. 10.Newflowcontrolsonshowersandtaps. 11.Newlowflowfixtures. 12.Newinsulationonexteriorwalls. 13.Newenergyefficientdoors. 14.LEDlighting 15.Newmeetingroomwiththoughttopassive solarcontribution. YearOne20142015 Objective#1FourthGHGandEnergyConsumptionreportandanalysisforcalendaryear2014. Objective#2NewArenawithenhancedbuildingefficiency. Objective#3StreetLightingupdatingwithLEDfixtures. Objective#4EnergyDataManagement NewcollectionprotocolsareneededtopreventthingslikeArenanothavingpowerbillforextended periodsoftime. Transportationrecordsmustbestreamlinedandincludemileageandfuelpricesanduseinordertoadd tousefuldata. Timeofdayenergyusestudyneedstobedoneofallfacilities. YearTwo20152016 4.1.1FifthGHGandEnergyConsumptionreportandanalysisforcalendaryear2015. 4.1.2Benchmarkingwithsimilarfacilities. 4.1.3FleetAuditbythirdparty. 4.1.4RenovatedShantyBayFireHall. YearThree20162017 4.1.5SixthGHGandEnergyConsumptionreportandanalysisforcalendaryear2016. 4.1.6Benchmarkingwithsimilarfacilities. 4.1.7RenovatedHawkestoneFireHall. YearFour20172018 24 Page 120 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 4.1.8SeventhGHGandEnergyConsumptionreportandanalysisforcalendaryear2017. 4.1.9NewHorseshoeValleyCommunityCenter. 4.1.10RenovatedHorseshoeValleyFireHall YearFive20182019 4.1.11EighthGHGandEnergyConsumptionreportandanalysisforcalendaryear2018. 4.1.12Preparenew5yearConservationandDemandManagementEnergyPlan(CDM). 25 Page 121 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 5E VALUATIONOFENERGYREDUCTIONOPPORTUNITIESFOROUR FACILITIES IdentificationofreductionopportunitiesispossiblefromfacilitywalkthroughͻğǒķźƷƭͼandahighlevel analysisofconsumptionofvariousfacilities.Straightcomparisonofannualenergyusetobaselineuse showsincreaseordecreaseinconsumption.Determiningwhetherthoseincreasesordecreasesmake senseisthechallengeandopportunity.Forexample2013wasthemostextremewinterin30yearsand energyconsumptionduetoitwillbeincreased.HoweverafacilitysuchastheNorthYardisstillmuch smallerthantheSouthYardandusedprimarythesameamountofhoursforthesamepurposesandyet hasamuchhigherenergyconsumptionindicatingthatthereisapotentialforconservationorefficiency measuresatthatfacility. FacilityLocationConsumptionConsumptionConsumptionReduction 201120122013Opportunities. Administration 148Line7SElectricity(kWh)Electricity(kWh)Electricity(kWh)NewHVAC Office 301,466287,066249,068systemand updatedlighting hasproduced energysavings. 2012thenew systemwas being commissionand electric baseboardsstill operational. 2013was significantly colderand resultedin significantly higherheating degreedays. Heating/cooling demandisthe ŅğĭźƌźƷǤ͸ƭlargest variableenergy factor. NaturalGasNaturalGasNaturalGas 333 203(m)148(m)5,023(m) 26 Page 122 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Facility LocationConsumptionConsumptionConsumptionReduction 201120122013Opportunities. 71Line4NElectricity(kWh)Electricity(kWh)Electricity(kWh)Highestuse Arena/ Community 654,917653,916695,318facility Center undergoing major renovationin 2014with thoughtenergy conservation objectives 28 Conservation FurnaceOil(L)FurnaceOil(L)FurnaceOil(L) 13,40212,26914,376 OPP/Nurse 3331Line4NElectricity(kWh)Electricity(kWh)Electricity(kWh)Facilityhas Practitioner 32,40637,45844,688undergone major renovationin 20132014 nearlydoubling area.2014will benew benchmark year. 333 NaturalGas(m)NaturalGas(m)NaturalGas(m) 4,0304,7483,926 NorthYard 344CountyElectricity(kWh)Electricity(kWh)Electricity(kWh)Unknown RD1942,08243,57361,921energydriver Renovations shouldhave decreased energyuse. Requiresfurther investigation NaturalGas(m 3)NaturalGas(m 3)NaturalGas(m 3) 15,34010,67515,449 SouthYard 833Line7Electricity(kWh)Electricity(kWh)Electricity(kWh) 51,18254,01258,076 Propane(L)Propane(L)Propane(L) 40,13827,99642,590 28 Newbaselinewillbeestablishedin2015forthisfacility. 27 Page 123 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... FacilityLocationConsumptionConsumptionConsumptionReduction 201120122013Opportunities. 396Electricity(kWh)Electricity(kWh)Electricity(kWh)Underwent Carley Community Warminster1,8485,4019,641major Hall SRrenovation. Suggest Baselinebe takenfrom 2013data. (furnacenonFurnaceOil(L)FurnaceOil(L) functionaltobe8184,484 replaced) Craighurst 3352Hwy93Electricity(kWh)Electricity(kWh)Decommissioned Community 3,4112,531 Hall 18669Decommissioned FurnaceOil(L)FurnaceOil(L) Eady 73EadyElectricity(kWh)Electricity(kWh)Electricity(kWh)Majorenergy Community StationRoad12,0219,86713,620usercompared Hall tootherHallsof similarsize. Suspectdriver heating/ coolingmay needservice. FurnaceOil(L)FurnaceOil(L)FurnaceOil(L) 3,7852,2845,015 Edgar 1167OldElectricity(kWh)Electricity(kWh)Electricity(kWh)Newwindows Community BarrieRoad5,8255,5595,786havehelped Hall withheating. Newfurnace shouldhelpfor 2014demand. FurnaceOil(L)FurnaceOil(L)FurnaceOil(L) 3,0993,0422,173 Hawkestone 3AllenStreetElectricity(kWh)Electricity(kWh)Electricity(kWh) CommunityHall 14,58114,32015,523 FurnaceOil(L)FurnaceOil(L)FurnaceOil(L) 1,8321,5342,121 Electricity(kWh)Electricity(kWh) Jarratt 837Electricity(kWh) 5,8495,2295,303 CommunityHall Horseshoe ValleyRD FurnaceOil(L)FurnaceOil(L)FurnaceOil(L) 4,4733,7454,072 28 Page 124 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... FacilityLocationConsumptionConsumptionConsumptionReduction 201120122013Opportunities. Electricity(kWh)Electricity(kWh)Useforbase OldTownHall 833Line7NElectricity(kWh) 11,0349,93812,686duringArena renovationand AirConditioner additionmeans 2014willbea highoutlieryear. 2015willlikely benewbaseline forthisfacility. FurnaceOil(L)FurnaceOil(L)FurnaceOil(L)OilFurnace 4,0666,6513,797Replacedwith Propane Propane(L) 2,052 Hawkestone 289Line11SElectricity(kWh)Electricity(kWh)Electricity(kWh) FireStation 19,02118,46519,384 333 NaturalGas(m)NaturalGas(m)NaturalGas(m) 2,9373,6314,772 HorseshoeFire 337Line4NElectricity(kWh)Electricity(kWh)Electricity(kWh) StationFireHQ 52,26247,72849,786 333 NaturalGas(m)NaturalGas(m)NaturalGas(m) 10,2339,1009,201 MoonstoneFire 5668Line7NElectricity(kWh)Electricity(kWh)Electricity(kWh) Station 18,38520,07420,802 333 NaturalGas(m)NaturalGas(m)NaturalGas(m) 8,5396,3608,845 RugbyFire 1950OldElectricity(kWh)Electricity(kWh)Electricity(kWh) Station BarrieRD.E5,0794,7695,807 333 NaturalGas(m)NaturalGas(m)NaturalGas(m) 2,9422,9123,262 ShantyBayFire 1950RidgeElectricity(kWh)Electricity(kWh)Electricity(kWh) Station RD8,8649,93012,490 333 NaturalGas(m)NaturalGas(m)NaturalGas(m) 3,6353,7304,230 WarminsterFire 1885Electricity(kWh)Electricity(kWh)Electricity(kWh)Highenergyuse Station Warminster35,09731,17740,870duetoelectric SRheatopportunity formore efficientheating solution. 29 Page 125 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... FacilityLocationConsumptionConsumptionConsumptionReduction 201120122013Opportunities. Canterbury 1SomersetElectricity(kWh)Electricity(kWh)Electricity(kWh) Pumphouse Blvd.17,37215,38015,403 333 NaturalGas(m)NaturalGas(m)NaturalGas(m) 75158138 Cederbrook 1547RidgeElectricity(kWh)Electricity(kWh)Electricity(kWh) Pumphouse RD.20,97518,15018,740 333 NaturalGas(m)NaturalGas(m)NaturalGas(m) 148116604 Craighurst 33ProceeElectricity(kWh)Electricity(kWh)Electricity(kWh) Pumphouse Circle43,84544,09344,405 NaturalGas(m 3)NaturalGas(m 3)NaturalGas(m 3) 223898 Harbourwood 38ShelswellElectricity(kWh)Electricity(kWh)Electricity(kWh) Pumphouse Blvd.64,50858,97055,125 NaturalGas(m 3)NaturalGas(m 3)NaturalGas(m 3) 225239515 Horseshoe 1ACountryElectricity(kWh)Electricity(kWh)Electricity(kWh) HighlandsPump ClubLane189,459194,034212,224 house Horseshoe 52AHighlandElectricity(kWh)Electricity(kWh)Electricity(kWh) Highlands Drive15,44213,04916,512 Tower Maplewood 40Electricity(kWh)Electricity(kWh)Electricity(kWh) Pumphouse Maplewood36,69640,19640,196 Pkwy 333 NaturalGas(m)NaturalGas(m)NaturalGas(m) 4433427 MedonteHills EasementoffElectricity(kWh)Electricity(kWh)Electricity(kWh) BoosterStation SlalomDr.9,3178,1379,886 MedonteHills 5441Line7SElectricity(kWh)Electricity(kWh)Electricity(kWh) Pumphouse 39,92051,13249,867 33 NaturalGas(m)NaturalGas(m) 5369 Robincrest 5464Line8N100,204100,714119,346 PumpHouse Electricity(kWh)Electricity(kWh)Electricity(kWh) ShantyBay 38GowanElectricity(kWh)Electricity(kWh)Electricity(kWh) Pumphouse Road83,55372,277113,184 333 NaturalGas(m)NaturalGas(m)NaturalGas(m) 237254207 30 Page 126 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... FacilityLocationConsumptionConsumptionConsumptionReduction 201120122013Opportunities. Electricity(kWh)Electricity(kWh)Electricity(kWh) SugarBush 67 BoosterStation Huronwoods65,97662,82767,337 Drive 33 NaturalGas(m)NaturalGas(m) 3852 Sugarbush 6Oneida906Electricity(kWh)Electricity(kWh) Reservoir Electricity(kWh)7461,124 Sugarbush 10Electricity(kWh)29,68729,181 Pumphouse Huronwoods36,997Electricity(kWh)Electricity(kWh) Drive th Sugarbush 33106Line57,345Electricity(kWh)Electricity(kWh) Pumphouse NElectricity(kWh)39,69241,950 Warminster 1GeorgianElectricity(kWh)Electricity(kWh)Electricity(kWh) BoosterStation Drive44,60442,78550,095 NaturalGas(m 3)NaturalGas(m 3)NaturalGas(m 3) 175111118 Warminster 2093Electricity(kWh)Electricity(kWh)Electricity(kWh) Pumphouse Warminster92,61795,78696,643 Road Total AllElectricity(kWh)Electricity(kWh)Electricity(kWh) 3,328,153.503,122,781.643,608,365.02 31 Page 127 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... ConsumptionekWhFacilitiesCombined ElectricityandHeating2011 303,623.44 242,544.22 75,235.94 439,325.30 799,360.77 538,486.52 929,577.31 Administration9%Fire13% Transportation16%Environmental28% Arena24%Police/NursePracticioner2% TownHalls8% ConsumptionekWhFacilitiesCombined ElectricityandHeating2012 288,638.91 248,386.20 87,918.69 405,627.58 786,148.55 407,863.94 898,197.77 Administration9%Fire13% Transportation13%Environmental29% Arena25%Police/NursePracticioner3% TownHalls8% ConsuptionekWhFacilitiesCombined ElectricityandHeating2013 302,451.32 310,065.91 86,412.65 471,266.93 850,259.32 583,616.87 1,004,292.02 Administration8%Fire13% Transportation16%Environmental28% Arena24%Police/NursePracticioner2% TownHalls9% 32 Page 128 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... EnergyUse(HoursofOperation,lighting,heatingetc.) MostoftheƚǞƓƭŷźƦ͸ƭfacilitieshavealreadybeenfairlysuccessfulatmanagingheatingandlighting requirementsforoptimalefficiency.RetrofitstolightinghavebeenperformedatthemajorityTownship facilitiesandmostfacilitieshaveprogrammablethermostatsprogrammedtobuildinguse.Astechnology improvesefficiencythistrendwillcontinue.Lightingopportunitiesstillexistonsmall(fixturebyfixture) basisthroughout,especiallyinFirefacilities.Heatinghasbeenupdatedinmostfacilitiesasofthisdate withthenotableexceptionofWarminsterFireHall.EnergyBillsforthisfacilityarefarinexcessofother facilitiesasheatingisprovidedonlybyelectricbaseboardheaters.Theopportunitytoprovideamore reliableandcheaperheatsourceexistsinthisfirehall. HoursofoperationarenoteasilyadjustableinTownshipfacilities.Atrialperiodofflextimeforoffice staffmayhaverealizedsomebenefitsbyutilizingdaylightmoreeffectivelyintermsofeffective man hoursbuthashadlittleefficiencybenefitfromanenergystandpointasbuildingshoursofoperation havehadtoremainsimilar. Thisnotedhoweverthereisonemajorexception.Townhallsforthemostpartarehistoricbuildings whichcannotberenovatedtobringthemuptomodernstandards.Winteruseisveryenergyintensive andforvalueondollarnotareasonableusethesefacilitieswiththeexceptionofHawkestoneand Jarrattwhichhavesignificantwinteruse,shouldbekeptatminimalheatlevelsandunusedduring winterseasons.Longtermtheoptionofnewfacilitiesshouldbeexploredespeciallyinthecaseswhere multiplehallscouldbeservicedbysinglefacilities. EquipmentEfficiency(HoursofOperation,efficiencyofequipment, lifecyclecostingetc.) HoursofoperationaresimplynotadjustableforFireservicesandEnvironmentalServices.Ithas howeverbeendeterminedthatEnvironmentalServicescanatleastinthesituationofHorseshoevalley wherethecurrentwatersystemwithlimitedmodificationscanbemadetopumponlyduringoffpeak hoursandstillmaintain requiredpressures.Thiswillreducetheloadonpeekhydroandpotentially takingadvantageofoffpeekpricing.Efficiencyofequipmentislargelyadjustedbyreplacement.Most Townshipequipmentisrunatintensivelevelsandthusserviceisdoneregularlyinordertokeep machineryrunningandnottopromoteefficientrunning.Lifecyclecostingrequirestheabilityto compileandcomparelargeamountsofdata.Forthemostpartthisisnotpracticalastheresourcesare notinplacetodevoteneededmanhourstocostingresearch. OrganizationEfficiency(HoursofOperation,Schedulingoftasks etc.) Hoursofoperationhavebeenadjustedsomewhatoverthelastfewyears.Themainproblemisfor criticalservicestheTownshipisa24/7operationandresourcesneedtobeavailableatalltimes. Schedulingisdonemainlyatacustomerserviceprioritylevel.Forexamplebuildinginspectionsaredone ASAPwhichmayhelpfacilityconstructionbutoftenresultsininspectorstravelingfromoneendofthe 33 Page 129 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Townshiptotheothertoaccommodatethis.IfthisisthelevelofservicetheTownshipwishestoprovide therewillbetheenergycost.However,inthiscaseasinothers,thealternativeofpotentiallyslower servicecombinedwithschedulingbasedontraveldistanceswouldovertimesavesignificantresources. GreenProcurementPolicy(Samplebasedoncityof‘ğƷĻƩƌƚƚ͸ƭ GreenProcurementPolicy) RECOMMENDATION: 1.ThatCounciladoptstheGreenProcurementPolicythatwouldestablishguidelinesforallTownship employeestoensurewearepurchasingproductsthatminimizeconsumptionofenergyandwaterand thataremoreenvironmentallyappropriate. EXECUTIVESUMMARY: TheTownshipofOroaĻķƚƓƷĻ͸ƭStrategicPlanhasSustainabilityasoneofitskeyfocusareas.Withthe developmentofaGreenProcurementPolicy(GPP)wewouldbeestablishingabaseforthisfocusarea. Withtheimplementationofthispolicy,theTownshipwouldreinforcethestrategicimperativesof promoting,enhancinganddemonstratingenvironmentalstewardship.Thispolicyalignsitselfwiththe StrategicPlan,andwiththerequirementsoftheGreenEnergyact. Objectives: Increasethepurchaseofgreenproductsandservicesconsistentwiththedemandsofmission, efficiency,andcosteffectiveness; Reducetheamountofsolidwastegenerated Reduceconsumptionofenergyandnaturalresources; Expandmarketsforgreenproductsandservices; TheTownshipofOroMedonteiscommittedtobecomingaleaderinGreenProcurement.ThisGPPwill definetheTownshipofOroaĻķƚƓƷĻ͸ƭminimumrequirementsforGreenProcurementManagement. TheresponsibilityforimplementingGPPliesnotwithinanysingledepartment,butwitheveryperson involvedintheprocurementprocess.Thisincludesmaintenance,management, administrativestaff,as wellasprojectmanagerswhorequisitionproductsorservices.Eachpersonhasaroletoplayinensuring thattheTownshipofOroMedontecompliesfullywithprocurementpreferencerequirements.Inother words,virtuallyeveryemployeehassomelevelofresponsibility. REPORT: TheTownshipofOroMedonteisnotonlyaserviceproviderbutalsoamajorconsumer.Severalfactors havebeendrivingtheTownshipofOroMedontetowardsadoptingaGreenProcurementPolicy. Thegrowinginternationalmovementtofightclimatechange. TheTownshipofOroMedonteisalargeconsumerofproductsandservices,whichincludesthe purchaseofvehicles,fuel,electricity,water,computers,officeequipment,chemicals(includingjanitorial 34 Page 130 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... supplies)androadsalt.AstheTownshipofOroMedontegrows,theenvironmentalconsequencesof thisconsumptionwillgrowinproportion. TheTownshipofOroMedontehasanintegralroleinpromotingandimplementingsustainable developmentinsociety,andinpromotingenvironmentalawareness.ItshouldbeseenasaGreen Purchasingrolemodelforothermunicipalities,businessesandresidents. Mediareportsonthepoorqualityofairandincreasedfrequencyofsmogdays,whichhavebeen drawingincreasingpublicattentiontowhatisperceivedasagrowingproblem. Asindividualmanagers,werecognizetheneedforindividualenvironmentalresponsibility.Atonelevel oranotherweareallstewardsoftheenvironment,bothfortheimmediatefutureandthelongterm future. TheTownshipofOroMedontehasdevelopedourmostrecentStrategicPlananditemphasizesthe needtoprovidethebestenvironmentforthosewholive,play,dobusinessandworkhere. Itisrecommendedthatastagedapproachtotheimplementationofthisprogrambeundertaken.Itwill taketimefortheTownshipofOroMedontetobuildtheexpertiserequiredtoimplementandmanage thepolicyeffectively.TimeisrequiredtocommunicatekeyelementsofGreenPurchasingand expectationstostaffandsuppliersaswellastodeveloplanguageforourbidandlegaldocuments. Puttingthepolicyintopracticewillfirstrequiresomestrategicplanning:organizingappropriatetraining forpurchasingstaff,ensuringaccesstoenvironmentalinformation,andsettingprioritieswhenchoosing thecontractsmostsuitableforͻŭƩĻĻƓźƓŭ͵ͼOncethisisinplace,wewillthenbeabletoproceedwitha stagedGreenPurchasingprocedureby: a)Selectingproductsthatwillhaveafavorableenvironmentalimpact,ascomparedtotraditional products,and; b)Minimizingconsumptionofenergy,waterandotherservicesthatcanhavenegativeenvironmental impacts OtherGreenfactorswhichwillbetakenintoconsiderationinclude:reducinghazardmaterials,andlow volatileorganiccompounds(VOCs),whileimprovingenergyconservation,recycledcontent,waste prevention,waterconservation,andendoflifemanagement. OtherCanadianmunicipalitiesareexperiencingthesamepressurestowardsGreenpurchasing.Most CanadiancitieshaveinsufficientresourcesforathoroughstudyofGreenalternatives,sotheonusis beingleftonmanufacturersorsupplierstodemonstratethattheyarecomplyingwiththeprevailing Greenpurchasingpolicies. AstherearefewformalpoliciesandproceduresonwhichwecouldmodelGreenpurchasing,the TownshipofOroMedonte,throughtheGreenpurchasingCommittee,willestablishtheirownbest practices. ThreeGreenPurchasingPrinciples: InordertoenhanceGreenPurchasingactivitiesstaffmaybeguidedbythefollowingthreeprinciples. 35 Page 131 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 1.Formulatetheircontractsandtenderspecificationsforgoodsandservicesinamannerthatallowsfor therecommendationofEnvironmentallyFriendlyProductsΛ9Ct͸ƭΜͲgivenfullconsiderationofthe operationalandfinancialimplications. 2.EnvironmentalbenefitsandcostsmustbeconsideredovertheƦƩƚķǒĭƷ͸ƭservicelifecycle(i.e.notjust initialcost,butmaintenanceandreplacementcostoverproductlifetime,extentofthatlifetime,and ultimatedisposalcost). 3.Purchasingdecisionsmustbebasedonaccurateinformationaboutenvironmentalperformance. ImplementationWorkPlan Staffwillneedtimeandresourcestobuildtheinternalcapacitynecessarytoimplementand,optimize GreenProcurement.TheGreenPurchasingCommitteerecommendsastepbystepapproach,beginning withonegroupofproductsandserviceswheretheenvironmentalimpactisclearorwheregreener alternativesareeasilyavailableandnotmoreexpensive.Astagedapproachbuildsupconfidenceby slowlyintroducingalternativeGreenproductstotheTownship. GreenPurchasingisastagedpurchasingprocesswherebytheTownshipofOroMedontewillreviewits recommendationsto: (a)Selectproductsthatwillhaveafavorableenvironmentalimpact,ascomparedtotraditional products,and (b)HaveReducedHazards (c)PromoteEnergyconservation (d)ContainRecycledContent (e)AidinWasteprevention/EndofLifeManagement (f)HaveReducedlowvolatileorganiccompounds(VOCs) (g)AidinWaterConservation (h)HelpMinimizeconsumptionofenergy,water,andotherservicesthatcanhavenegative environmentalimpacts. SampleGreenPurchasingPolicy TheTownshipofOroMedontestrivestoincreaseitsuseofEnvironmentallyFriendlyProducts(EFPs) andservices,i.e.productsandservicesthatarelessharmfultotheenvironmentthanconventional alternatives. ToincreasetheuseofEFPs,TownshipofOroMedontestaffwill: (a)Formulatetheircontractsandtenderspecificationsforgoodsandservicesinamannerthatallows fortherecommendationofEFPs,givingconsiderationoftheoperationalandfinancialimplications. (b)Takeenvironmentalconsiderationsintoaccountwhenchoosingbetweensuppliers. (c)ContributetoandreferencetheGreenPurchasingproductinformationdatabase(containing alternativeproductsandmaterialsubstitutions),thatwillbemanagedbythePurchasingDivision. 36 Page 132 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Analysiswillbeneededtoensurethattheproductsarecompetitivelypriced,andthattheEFPswould notsignificantlycomplicatetheintendeduse. TheTownshipofOroMedontewillconsiderGreenPurchasingoptionscasebycase;ifaGreen Purchasingoptionisnotselected,traditionalpurchasingpracticeswillbefollowed. EvaluationofͻDƩĻĻƓĻƩͼOptions GreenPurchasingalternativesmightbeproposedbytheultimateusers(e.g.Facilities),byPurchasing,by thesuppliersorbyall.Periodicreviewsmaybevaluableascircumstances,prices,andavailability change. Purchasingspecificationsmustbewritteninamannerthatallowsfortheevaluationand recommendationofEFPs.Thefunctionalityrequiredortheproblemtobesolvedshouldbespecified, ratherthanthe(traditional)productorsolution.Asksupplierswhatgreenpracticesareinvolvedinthe developmentoftheirproducts. GreenPurchasingoptionswillbeevaluatedintermsoftheirenvironmental,operational,andfinancial impacts. EnvironmentalImpact DeterminingandquantifyingthebenefitsofusingEFPsmayrequirenontraditionalthinking.Where possible,theTownshipwilluseestablishedcriteriatoevaluateEFPsversustraditionalproducts.Where evaluationcriteriaarenotavailable,theTownshipmayhavetodevelopitsown. OperationalImpact Aswithanypurchase,normalconsiderationssuchasreliabilityofdeliveryandproductperformanceof theEFPsapply. FinancialImpact ThetruecostofEFPscomparedtotraditionalpurchasesshouldbeassessedthroughlifecyclecosting wherefeasible.TheFinanceDepartmentwillestablishguidelinesandproceduresforlifecyclecosting andwillprovideassistanceasrequired. ItisimportanttologGreenPurchasingdecisionsandconsequences,documentingthealternatives considered. Trackingrequirementsmayvaryfordifferentgoodsandservices.TheGreenPurchasingCommitteewill providetrackingmodelsthatreflectthesedifferences. DecisionCriteria Acceptablepricedifferentialsbetweentraditionalandgreenproductswillbeassessedcasebycase. Financing ThereisnocorporatebudgettofinanceGreenPurchasing.IfanEFPcontractresultsinahigherprice,it willbenecessarytohaveCouncilapproveanappropriation. 37 Page 133 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... ReportingandTracking TheGreenPurchasingCommittee(orotherstructure)isresponsibleforreportingandtrackingofGreen Purchasingactivities.TheywillreporttoCouncilannually.Thenarrativewillcoverthecorporate initiativestaken,theircostsandbenefits,withasmuchquantificationasisreasonable. CommunicationwithTownshipemployeeswillinvolvenewsletterarticles,websites,and/ormeetings addressingstepstaken,efficienciesachieved,andcurrentinitiatives(inordertoinform,encourageand inviteinput). TheremayalsobesomecommunicationtothePublic,throughperiodicprogressreportsand/orapage onthewebsite. GreenPurchasingConsiderations Thefollowingprinciplesarecommontogreenpurchasingefforts: ReductionofHazardousMaterials Productscontaininghazardouschemicals,suchascorrosiveorhighlytoxicmaterials,canposehealth riskstoemployeesandthepublic,andthreatentheenvironment.Iflesshazardousalternativesarenot readilyavailableconsiderationisgiventousetheleastamountofthehazardousproductneededto accomplishatask. EnergyConservation Reducingenergyuseisimportantbecausemostproductioncontributestoproblemssuchascarbon dioxideemissionsandacidrain.InCanadaenergyefficientproductsarelabeledwithsuchlicensesas EcoLogoandEnergyStar. Recycled/RegionalContent Productsthathaverecycledcontentreducetheneedforenergyconsumptionandrawresources,while alsokeepingwasteoutoflandfillsandincinerators.Recycledcontentcanconsistofpostconsumer content,preconsumercontent,oramixofthetwo.Productsmadewithpostconsumerrecycled contentsupportourrecyclingprogramsathomeandatwork.Thepurchaseofproductsthatare extractedand/ormanufacturedlocallyhelpsthelocaleconomywhilealsoreducingtheƦƩƚķǒĭƷ͸ƭ embodiedenergy.Otherproductswithrapidlyrenewableand/orcertifiedwoodcontentshouldalsobe considered. WastePrevention/EndofLifeManagement TheCountyofSimcoecollectstheTownshipofOroaĻķƚƓƷĻ͸ƭwasteatthecurb.AstheTownshipand thewĻŭźƚƓ͸ƭpopulationcontinuetogrow,wastegenerationandcollectionwillincreasecomparatively. Muchofthiswastecomesfromdisposable/overpackagedproducts.Wasteconsiderationmustalsobe addressedduringextensivebuildingrenovations,constructionwastemanagementandrecyclingof materials,andtheuseofnewtechnologysuchasgreenroofstoextendthelifeofmembranes. LowEmittingMaterials(VolatileOrganicCompounds&UreaFormaldehyde) 38 Page 134 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... VOCsandureaformaldehydeevaporate("volatilize")easilyatroomtemperatureandoftenhavea sharp/newsmell.Theyarecontainedinmanyproducts,suchasofficeequipment,adhesives,sealants, wood,carpeting,upholstery,paints,coatings,solvents,pesticides,andcleaningproducts.LowVOCand nonureaformaldehydeversionsofproductsreduceriskstohumanhealthandtheenvironment. 6.WaterConservation Productsandservicesthatconservewater,suchaslowflowfaucetsandtoilets,canconservewater usage.Dryspellshaveremindedusthatourwatersupplycanbethreatened,resultinginwateringbans insomemunicipalities.Landscapingmaterialsshouldconsidervegetationresistanttodrought conditionsandrequirelowmaintenanceandwaterefficientirrigationequipment. Theroleofthepurchasingagentwouldbeto: 1.AssistDepartmentstogatherandmaintaininformationaboutenvironmentallypreferableproducts andservices,andrecycledproductscontainingthemaximumpracticableamountofrecycledmaterials. 2.InformallTownshipStaffoftheirresponsibilitiesunderthispolicy. 3.ProduceanannualGreenProcurementReportontheimplementationstatusofthePurchasing program,includinganassessmentofthecurrentprocurementƦƩƚŭƩğƒ͸ƭeffectiveness,anevaluationof programgoals,andprojectionoffutureprocurementopportunities. Budget ThereisageneralperceptionthattheinitialcostofpurchasingGreenProductsorservicesisgreater thanthecostofconventionalproducts.However,theremaybereducedoperatingorendoflifecosts whichmayoffsetanyinitialpurchasepremium.Inordertoproperlypresentafullydevelopedfinancial analysis,lifecyclecostingmethodologieswillhavetobedevelopedandpresentedduringthedecision makingprocess. Complicatinganycost/benefitanalysisisthatsomebenefits,bothfinancialandenvironmental,will accruetoentitiesthatareexternaltotheTownship.Forexample,theuseofͻDƩĻĻƓͼenergycouldresult inareducednumberofsmogdays,whichinturnresultsinreducedhealthcarecostsduetofewervisits toemergencyroomsorprimarycarephysiciansduringtheseevents.Inthisscenario,thecostsofthe initiativewouldbebornebythemunicipalitywhiletheultimatesavingswouldberealizedbythepublic healthsystem.TheseissuesmustbereviewedandrecordedsothatthefullbenefitofGreen Procurementisrealized.Itisverypossibleandprobablethattheactivitiesinitiatedinonedepartment, division,municipalitywillbenefitotherswithinthesamegeographicalareaorjurisdiction. Atthistime,OroaĻķƚƓƷĻ͸ƭCouncilhasnotincludedanyongoingbudgetprovisionforGreen Purchasinginitiatives.Inthefuture,decisionsonGreenvs.conventionalpurchaseswillbepresentedon acasebycasebasis. Aspartoftheongoingmonitoringprocess,theGreenProcurementCommitteewithassistancefrom Financewilldevelopaprocesstoaccumulatethefinancialcostsandbenefitsofgreenpurchasing decisions.TheimpactofthesemeasureswillbereportedtotheTownshipCouncilonaperiodicbasis. Page 135 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... CONCLUSION ImplementingaGreenPurchasingProgramwillpresentaconsiderablechallengetotheTownshipof OroMedonte.Mostpurchasesreflectabalancebetweenprice,performanceandaddedcriteria howeverlongtermsustainabilityshouldbetheultimategoalofanygoverningbody. 40 Page 136 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 6RACEA EVIEWSOFTHEPPLICATIONOFOSTFFECTIVELTERNATIVE TRF ECHNOLOGIESANDENEWABLEUELS AlternativeenergyforFacilities. Cogenerationisthegenerationofheatandpowerfromonesource.NaturalGasCogeneration,isa viableoptionatmanyofourfacilities.MostnotablepossibleopportunityistheArena.Initialinstallation hasahighcapitalcosthoweverithasahighrateofreturnandtheaddedbonusofthe abilityto maintainpowerwhenthegridisdown.Interestbythelocalpowerauthorityisnothighhoweverforthis idea.Amajorsolarfarmisalreadyunderconstructionnearbyandacogenerationplantatthispointin timewouldfurthercomplicateanelectricalsystemthatwillalreadybechallengingtomakeviable. Windenergyisthegenerationofelectricityfromthewind.WindTurbinesrequiremuchspaceandhave tobeespeciallytalltohaveconstantwindfloworbenearalake.Heightrestrictionsnearlakeand airportmakemuchoftheTownshipanogoareaforthistechnology.Migrationpatternsofbirdswould negatemostotherareasoftheTownshipthatarenotalreadyrestricted.Healthconcernsover infrasoundfromlargewindturbineshaveresultedinseveralclassactionsuitsstillbeforethecourts. SmallerprivatewindgenerationispossibleandtheTownshiphasallowedseveralprivatehomesand businessestoerectsmallwindturbines. Solarenergyistheuseofsunlight.Lightcanbechangedintothermal(heat)energyandelectricenergy. Largesolarphotovoltaic(PV)systems(solarfarms)arebeinginstalledbyprivatecitizensincentivizedby HydroOneandOntarioPowerGeneration.Townshiplandshoweverareinshortsupplyandotheruses suchasrecreationnegatethepossibilityatthistimeforlargescalephotovoltaicgeneration.The possibleexceptionissmallscaleroofmountedsystems.ThefeasibilityofPVsystemshasbeenassessed andthesizeofrooftopsandrequirementsforstructuralreinforcementstosupportthesystemshave negatedthepossibility.AsnewfacilitiesareconstructedtheTownshipshouldassessPVopportunities. PassivesolarenergyshouldbeaconsiderationinallnewconstructionandrenovationsintheTownship, curtainsorblindsshouldbeinstalledonmostwindows. Geothermalenergyistheuseoftheearth'sinternalheattoheatwaterforheatingbuildingsor generatingelectricity.Geothermalenergyworksbestinareaswithvolcanicactivity.Althoughheating/ coolingfromgroundwaterisfeasibleinisnotreasonableatthistimeduetolargeinitialcostandslow returnoninvestment.Thisoptionshouldhoweverbeexploredwhenevernewfacilitiesarebeing constructedbecausegrantsforthistechnologymaymakeitfeasibleeconomically. FleetTechnology BiofuelandEthanolareplantderivedgasolinesubstitutesforpoweringvehicles.Neitherisreadily availableintheTownshipatthispointintimeandarethereforenotyetfeasibleforvehicleuse.The countyhasbeenusingbiodieselintheirvehiclessuchassnowplowstogoodsuccess.TheTownshipfor alargepartofitsfleetusesitsownpumps.Supplyofbiodieselcouldbemadeavailablethroughourown 41 Page 137 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... supplylinks.Atthistimetendencyforbiodieseltogelinlowtemperaturesmakeitunsuitableforwinter use. Hydrogenisalsonotcurrentlyanoptionforavailabilityandsafetyreasons. ElectricvehiclesatpresenthavesomemajordrawbacksforusebyTownship.Rangesarestilltoolowto beofuseinaTownshipofthissize(largestrangeofcurrentelectricvehiclesis100kmunderideal conditions)andchargingpointsarenotyetavailable.Initialcostsofelectricvehiclesandmaintenance costsarealsoatthistimehighlyinflatedwhencomparedtoconventionaltechnology.Oneexception is theArenaiceresurfacer.ThecurrentOlympiaisfueledbypropane.ReplacingtheOlympiawithan electricsystemwillimproveairquality,GHGemissionsandloweroperatingcosts. Hybridvehiclesaregenerallynotfavorablycostcomparabletoconventionvehiclesandmayrequire specializedmaintenanceskills.Theydohoweverperformancewisemeetorexceedconventional vehicles.AhybridpickuptruckhasmoreHPthanaconventionaltruckofsimilardesignandhigherfuel mileageandthusfeweremissions.AsemissionsbecomeahigherpriorityHybridvehiclesshouldremain inthescopeofchoiceswhenitcomestovehiclepurchases.When purchasesofvehiclesisdrivenbylife cyclecostsHybridvehiclesmaybecomeamoreviablepurchaseoption. Atthistimewhenvehiclesareduetobepurchasedorreplaceditisrecommendedthatfueleconomy andlifecyclescostsbeaweightedfactorsandthathybridvehiclesbeconsideredwherefeasible. FleetPurchasing(SampleProcedurefromE3Fleet) Step1 Documentthetruck(equipment)requirements.Completeapapersnapshotofpurchase,includingthe functionandconfiguration.Detailanyfeaturesessentialtoitsoperation.Ifitisforwater,forexample,it willneedinteriorshelvingandbinstoholdPVCpipeandfittings.Forroads,trucksarerequiredtobe roomy,acoveredtruckthatcanferrysuppliesbetweenjobsitesinallweather.Finally,establishthe pricerange,includingarigidmaximumprice. Step2 Listpotentialbusinesstrucksources.Inadditiontovisitingvehicledealerssellinglargertrucksor commercialvehicles,contactbusinesscolleagueswhoaresellingexcessvehicleinventory.Finally, evaluatelistingsoncommercialtrucksaleswebsites.Vehiclesarelistedbycommercialtruckdealers, andclassifiedbytype(e.g.light,mediumorheavyduty). Step3 Investigatedecommissionedrentaltrucks.Rentalvehiclecompaniesfrequentlysellvehiclesphasedout oftherentalorleasingprogram.Dependingontheinventory,youwillfindvans,paneltrucksand movingvans.Rentalvehiclesareoftenincludedinthefleetmaintenanceprogramandcanbeinspected priortopurchase. 42 Page 138 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Step4 Comparecostsforturnkeyandmodifiedtrucks.Compileyourpotentialtruckpurchasecandidates. Comparethepriceandconditionforaturnkeyhigherpricedtruckwithalowercostvehiclethatcanbe retrofittedwithbusinessspecificsystems.Decidewhichvehiclerepresentsthebettervalue. Step5 Comparelongtermcostofownership.Fuelefficiency,repaircosts,availabilityofpartsandserviceand expectedvalueofvehiclewhenitistimetodecommission. Step6 Evaluatetruckpaymentmethods.Gatherinformationondealerfinancingprograms,financingthrough yourbankorcreditunionandthirdpartyfinancingplans.Ifyouwouldprefertopaycash,askthedealer ifhecanofferadiscountforreducedpaperworkandprocessingtime.Finally,consideraleasing program,ifthatisanappropriateoption. Step7 Obtainguidancefromfinance.Assembleyourvehiclepriceandfinancinginformation,alongwithcosts forvehiclemodificationsoraddons.Askthefinancedepartmenttoselectthebestpaymentmethod.In addition,askfinancetoselecttheappropriatedepreciationprogramforthetruck. Step8 Completeyourpurchase.Ensurethatyourvehiclesalespersonhastheneededdocumentationto completethepurchase.Beforepurchasingthetruckfromabusinesscolleague,callyourserviceOntario officeandgetausedcarpackagetomakesurethevehicletitleisfreeofliensorotherlegal obstructions.Finalizeyourpaymentarrangements,andplantopickupthevehiclelocally.Ifpurchasing thetruckfromaremotelocation,arrangefordeliverytocompany. 43 Page 139 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... TotalekWhincludingfacilitiesandtransportation consumptionfor2011 Bylaw 81,914.91 Building 48,261.04 RecreationandCommunityService 1,246,668.90 Environmental 1,208,470.26 Transportation 2,461,247.25 Fire 696,906.89 Administration 325,051.24 VehicleGHGkgCO 5,340.26 2 20,414.93 64,496.32 12,027.67 176,617.51 482,955.69 69,506.03 AdministrationFireTransportationEnvironmentalParksBuildingBylaw 44 Page 140 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... VehicleekWh 2,500,000.00 1,922,760.73 2,000,000.00 1,500,000.00 1,000,000.00 500,000.00 278,892.95 257,581.59 129,527.97 81,914.91 48,261.04 21,427.80 45 Page 141 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... TotalekWhincludingfacilitiesandtransportation consumptionfor2011 Bylaw 81,914.91 Building 48,261.04 RecreationandCommunityService 1,246,668.90 Environmental 1,208,470.26 Transportation 2,461,247.25 Fire 696,906.89 Administration 325,051.24 VehicleGHGkgCO 5,340.26 2 20,414.93 64,496.32 12,027.67 176,617.51 482,955.69 69,506.03 AdministrationFireTransportationEnvironmentalParksBuildingBylaw 46 Page 142 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... VehicleekWh 2,500,000.00 1,922,760.73 2,000,000.00 1,500,000.00 1,000,000.00 500,000.00 278,892.95 257,581.59 129,527.97 81,914.91 48,261.04 21,427.80 7APRI SSESSMENTOFTHEOTENTIALTOEDUCETHEMPACTOF TREU RANSPORTATIONELATEDNERGYSE Asitiswithenergyuseinthecountryasawhole,transportationisthegreatestuserofenergyandthe greatestsourceofemissionsinthetownship. Regulationandpublicdemandhasledtoremarkablestridesintheefficiencyofvehicles.Normal replacementoftheTownshipsagingfleetwillovertimeleadtogreatreductionsintheenergyuseby vehiclesbyitself.Demandforserviceandrecentweatherpatternshaveledtoanincreasein transportationrequirements. Inordertosatisfyourcommitmenttoreduceourenergyuseandatthesametimeincreasethelevelof servicereceivedbythecommunitywewillneedtoexplorealloptions. Efficientuseoftransportationwillberequiredinordertoreachourgoalofreducingourtransportation energyfootprint. ThekeytoefficientvehicleusebyaTownshipistwofold: 1)Usethevehiclethatisappropriateforthesituation. 2)Schedulingworkinordertobeaccomplishedwithminimaltravel. Fleetreplacementiscurrentlylooselybasedonagewithsomeconsiderationtorepaircostsand frequency.Pickuptrucksarereplacedaboutevery5years.Plowtrucksaboutevery15.Heavy equipmentsuchasgradersarereplacedevery20years. 47 Page 143 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Fuelefficiencyisrapidlyimprovingespeciallyinsmallervehiclessuchaspickups.Thegeneralruleof thumbisthatapickuphaslosthalfitsvaluewhenitreaches100,000km.Ourtruckstendtoreachthat pointinaboutyearthree.Fromthisalonelifecyclewiseitwouldseemthatathreeyearreplacement scheduleforpickupswouldmakemoresenseastechnologywouldbeuptodate,repaircycleswould notbeintocriticalpartsandvalueofusedvehiclewouldstillmakesaleworthwhile. RefertoAppendix 48 Page 144 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 8DTM,EV EVELOPMENTOFOOLSTOONITORVALUATEANDERIFY PTMEGG ROGRESSOWARDSEETINGNERGYANDREENHOUSEAS O. BJECTIVES ProcessImprovement Establishedbaseline.Providecomprehensiveenergydatatoseniormanagement,facility managersandotheridentifiedstaff Facilitybudgeting.Providebenchmarkingoffacilities. DevelopacommunicationsplantopromotetheƚǞƓƭŷźƦ͸ƭenergyinitiativesandenergy use/savingstostaffandthecommunity CreateanenergyteamfortheTownship. DevelopandimplementacorrectivemaintenanceprogramforTownshipfacilities. Developandimplementafacilitywalkthroughchecklisttobeusedbyfacilitymanagers Purchasingtools:newvehicleevaluation,includeweighttotechnologyimprovements. Auditingtools.Increasedreporting(fuel,mileage,repairrecords,andvehicleusage). ProgramImplementation ProvideconsumptionprofilingofapplicableTownshipfacilities Facilityinspectionsandaudits.Implementapreventativemaintenanceprogram. ContinuetoupdateandmaintainaConservationandDemandEnergyManagementPlan. DevelopandimplementoperatingproceduresforapplicableTownshipfacilities Energyconservationculture.ProvideongoingenergytrainingforTownshipstaff. Projects Implementcommissioninganddecommissioningintothefacilitymaintenanceprogram. Developnewconstructiondesignstandards,includingmaintenanceandretrofit specifications Continuetoimplementsystemupgrades. Implementalternativeenergyprojects. 49 Page 145 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 9F UTUREOFCONSERVATIONANDDEMANDMANAGEMENTPLANNING Predictionofthefutureisoftendifficult.Intermsofenergythefutureiscontrolledandlimitedbyavery fewfactors. RenewableEnergy. Renewableenergyasaconceptisadoptedbyeverypowergeneratingnationonearth.Theonlyviable renewableenergysourceishydroelectricgeneration.Politicshaspushedforgreentechnologytosave energytherealityissomewhatdifferent.TheProvincehasbuiltWindTurbinesandPhotovoltaicSolar ͷŅğƩƒƭͼallovertheprovince.Overtimeasknowledgespreadsandthefogofmisinformationand politicalspinliftsthesetechnologieswillberecognizedasbeingtooimmatureforcurrentexploitation. Continuedsubsidyofthistechnologyisunlikelybeyondthelengthofexistingcontracts.Thelegislative structurehasalreadybeenputinplaceinorder toallowtheprovincetounilaterallyterminateany contract. Thisturnofthewheelisalreadybeenseenincountriessuchand,Holland,Germany,Spainandthe 29 UnitedStates.ͻPhotovoltaicsystemsusenofuelandmodulestypicallylast25to40years.Thecostof installationisalmosttheonlycost,asthereisverylittlemaintenanceƩĻƨǒźƩĻķ͵ͼHasbeenthesales pitchthathasresultedinconstructionofphotovoltaicsystemsworldwide.Thetruthtendstobemuch different.Thenumbersgivenbysalesrepsforsolarfarmsgenerallyassumeinstallationinthe Mediterraneanwithpanelsperformingat100%for30yearswithnonight.Inrealitypanelsdegradeata 30 rapidrate5%overthefirst12monthsistypical.Photocellsthathavelasted30yearsormorearefirst generationcellswhichweremadewithincrediblyexpensivematerialsandwerenotveryefficientto beginwith.ƚķğǤ͸ƭphotocellsareinitiallymoreefficienthoweverdegraderapidlyandmostlife estimatesplacethematabout10years.Therateinwhichphotocellsareincreasinginefficiencyis comparedtomosttechnologyincrediblyslow.Itishoweverimprovingatarateinwhichtheefficiency ratesofatenyearoldpanelmeanthatitismoreeconomicaltoreplacethatpanel.Whatthismeansis thatfarfrombeingaͻŭƩĻĻƓͼtechnologyekgCOforsolargenerationactualexceedsekgCOfor 22 31 traditionalgenerationfromgasandcoal. ͻ‘źƓķfarmsprovidenousefulĻƌĻĭƷƩźĭźƷǤͼwasthetitleofRichardSCourtneys2004paperonthe subject. Themainpointswere: 1.Windfarmsdestroytheenvironmentbycoveringitinconcrete. 2.Theyareveryefficientatswattingbirdsandbats. 29 ContainedinalmosteverysolarĭƚƒƦğƓǤ͸ƭsalesbrochureorwebsiteaswellas‘źƉźƦĻķźğ͸ƭarticleonsolar power,originalsourceunknown. 30 CentreforAlternativeTechnology. 31 TheUglySideofSolarPanels,LowTechMagazineMarch3,2008. 50 Page 146 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 3.Windfarmsaddalargeunnecessarycosttoprovisionofelectricity.Inordertomakethis technologyviableatallsubsidieshadtobeplacedatallendsofproduction. 4.Windfarmscannotprovideanyusefulelectricitytothegridatanytime.Windisnotpredicable enoughtobefedtogridwhenneeded. 5.Theuseofwindfarmsincreasesemissionfromconventionalpowersystems.Whenwindisused otherpowerplansmustgotospinningorstandby.Notfeedingpowerbutstillproducingitready totakeupslackwhenwindstops.Asaspinningwindturbineproducesconsiderablepower whenitstopschargedbatteriescannotbridgegapinpowerproductionasissometimespossible withsolarpower. OroMedontedoesnothavemanysuitablelocationsforwindgenerators. IntheProvinceofOntarioatanytimeabout8%ofpowermaycomefromwindor1600MW.Thisis somewhatdeceptivebecausegasproductionisaboutthesamefortimeofday.32 Thisisbecausegas generatorsmustspinwhenwindpoweriscollectedinordertobackupgridincasewindsuddenly stops.EvenintheNetherlandswherewindgenerationiseverywhereitisestimatedthatonly1% morepowerisgeneratedwithallthewindcapacitythancouldhave beengeneratedanywaywith 33 backupplants. SolarPowerhasmanyconsiderationsandproponents: 1.ClimateChange:Theburningoffossilfuelsforenergyremainstheworld'sNo.1sourceof manmadecarbondioxideemissions.Solarpowerissometimesdescribedasazeroemissionsor emissionsfreeformofenergy,anditistruethatgreenhousegasemissionsfromsolarare negligible.However,theconstructionofnewutilityscalesolarenergyprojectsresultinmajor greenhousegasemissions.ThisfactisacknowledgedbythefactthatkgCOe/kWhofpower 2 generatedbysolarisconsideredtobe150gCO/kWhbyEnvironmentCanada.Powerconsumed 2 eachyearhasadifferentconversionfactorbasedonthemixtureofgenerationusedtoproduce it. 2.Water:Creatingenergyisawaterintensiveprocess.IntheU.S.,electricityproductionaccounts formorethan40percentofalldailyfreshwaterwithdrawals.Solarphotovoltaicsystemsdonot requireanywatertogenerateelectricity.Somesolarthermalsystemsusewater,butthiswater canbereused.Utilityscaleparabolicandcentraltowersolarenergysystemsusesteamplantsto producepower,oftenrelyingonwaterforcooling.Thereissomeconcernthatthesetypesof systems,whenlocatedinaridenvironments,couldputastrainonlocalwaterresources. 3.Land:Whenplacedonexistingstructured,suchastherooftopofahomeorofficebuilding,solar energysystemsrequirenegligibleamountoflandspace.Utilityscalesolarfarms,ontheother hand,dorequirelargeamountsoflandtoproduceelectricityonacommercialscale.Thisfact raisesconcernsaboutthepotentialimpactofsuchprojectsonnaturalhabitats. 4.HazardousWaste:Solarphotovoltaicpanelsmaycontainhazardousmaterialsthatcouldbe releasedwhenapanelisdamagedordisposedofimproperly.Concentratingsolarenergy systemsmayalsousepotentiallyhazardousmaterialslikeoilsandmoltensalts,creatingthe 32 WhereismyElectricityComingFromatthisHour?(ifIliveinOntario) 33 EWEA,EuropeanWindEnergyAssociation. 51 Page 147 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... potentialforspills.Attemptstomakesolarpoweruseful(abletobeaddedtogrid)mean batteriesonlargescalecreatingevenmorehazardouswasteandgroundlevelozoneand hydrogenemissions. 5.Visual:Oneperson'sbeautyisanotherperson'seyesore.Forsome,solarpanelsevokepositive feelings,evenwhensetinanaturallandscape.Forothers,thesightofasolarpanelinvadinga pristineenvironmentisgutwrenching.It'slargelyamatterofopinion. 6.Solarpanelswillnotproduceanypowerunlessunderloadareaaroundmustbebrownedout. 7.Solarfarmsaddalargeunnecessarycosttoprovisionofelectricity.Inordertomakethis technologyviableatallhugesubsidieshadtobeplacedatallendsofproduction. 8.Theuseofsolarfarmsincreasesemissionfromconventionalpowersystems.Whensolarisused otherpowerplantsmustgotospinningorstandby.Notfeedingpowerbutstillproducingit readytotakeupslackwhencloudcoverstarts.Thiseffectisnotasextremeasitiswithwindas batterystoragecanbridgesomeoftheproductiongapsbutstillrequiresbackupgeneration. TheTownshipofOroMedonteishometoseverallargesolarinstallationsandinadditionhasmany smallinstallationsscatteredthroughouttheTownship. Solarenergyishugelyoverestimatedascapacityisbasedonidealconditionsthanneverhappen.The solarfarmatSarniaisoneofthelargestsolarinstallationsintheworldwith1100acrescoveredwith panelswith anestimatedcapacityof97MW.Themostpowerproducedbyallsolarpowerinthe 34 provincewaslessthan40MW.ThisisfarshortofthethousandsofMWofsupposedcapacity. ComparativeGHGperkWhproduction. 35 Coal=800to1050 Naturalgas(combinedcycle)=430(average) Nuclear=6 Hydroelectric=4 Wood=1500withoutplantingotherbiomass 36 Photovoltaicsolar=60to150 37 WindPower=3to22 34 IESO,TheIndependentElectricitySystemOperator(IESO)balancesthesupplyofanddemandforelectricityin Ontarioandthendirectsitsflowacrosstheprovince'stransmissionlines. 35 Thisisforcoalthathashadlimitedprocessing.WashedCoalwithscrubbersinstackssuchaswasusedin OntariohasamuchlowereCOGHGemissionrate. 2 36 (this is a controversial number Environment Canada Current uses 115, many argue that this figure is for a panel lasting 30years in full production in the tropics, factoring in that panels tend to get replaced every 10 years on average and that in Canada solar intensity is much lower than what is used to calculate this number it is actually in the realm of Coal and in fact greater than the washed coal used in Canadian Generation. 37 AlthoughtheCOproductionintheinstallationandmanufactureofawindturbineismuchhighereventhanthat 2 ofasolarpanelaspinningwindturbineactuallyproducesaconsiderableamountofpowerandthusgreatly reducesCO/kWh. 2 52 Page 148 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 10UCO NEXPLOREDONSERVATIONPPORTUNITIES EnergyConservationisonlyonepartofaphilosophyofstewardship.Therearemanyareasof opportunitieswithinthescopeofnormalTownshipoperationtoshowleadershipandstewardshipover thenaturalenvironment.Althoughtherelevanceisbetweenspeciesconservationandenergy conservationisnotimmediatelyapparentitisastrong anddefinite.Whatissurprisingandunexpected inthefieldofconservationisthatcurrentspeciesatriskarenotnecessarilythespeciesthataremost effectedbyclimatechangetheultimatedownsidetoenergyconsumption.Whatthismeansisthatnew speciesarerapidlybeingaddedtothelistofspeciesatriskasclimatechanges.Speciesespeciallythe ͻĭǒƷĻͼoneshaveamuchhigherpoliticalvaluethannebulousconservationorclimateconcerns.Itis becauseofthisthatwhenparticularspeciesarethreatenedthatitismucheasiertogetthepublic involvedwithconservationmeasuresandtogetfundingtoimplementmeasures.Speciesdonotexistin isolation.Conservationeffortstosupportonespecieswillsupportothersandtheecosystemsofwhich thesespeciesareapart. Speciesatrisk ManyspeciesatriskarepresentwithintheTownship.Forreasonsofconservationspecificsofthese reportswillnotbeincluded. EndangeredSpeciesalonethathavebeenrecentlyseeninTownship AcadianFlycatcher Ectopistesmigratorius,believedtonestinCopelandForest. BarnOwl Tytoalba,spottedonrailtrailBarrieend. GoldenEagle Aquilachrysaetos,seenflyingoverLakeSimcoefromHawkestoneWarf. IĻƓƭƌƚǞ͸ƭSparrow Ammodramushenslowii,believedtonestoneightmilepoint. KingRail Ralluselegans,spottedfromrailtrailbetweenCon11and12. LoggerheadShrike Laniusludovicianus,commonlyseenonrailtrailbetweenCon15andWoodlandDr. PipingPlover Charadriusmelodus,seasonallyseenatBayviewMemorialParkonwaytonestinggrounds atWasagaBeach. ProthonotaryWarbler Protonotariacitrea,believedtonestinCopelandForest. YellowbreastedChat Icteriaverensvirens,believedtonestinCopelandForest. 53 Page 149 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... EasternCougar Felisconcolorcouguar,sightingsinWarminsterresultinginchildrenatlocalpublicschool th beingkeptinsideduringrecessandatrailtrailat15con. AmericanChestnut Castaneadentate,fewsmallsurvivingtreesintownshipnearVasey. AmericanGinseng Panaxquinquefolius,scatteredpopulationsinCopelandForestandalongroadside con5. .źƩķ͸ƭFootViolet Violapedata,scatteredpopulationsincludingwharfatShantybay. Butternut Juglanscinerea,scatteredpopulationsincludingseverallargespecimenson couchichingconservatorylandsbetweenCon13and14. EasternFloweringDogwood Cornusflorida,railtrailbetween15 th andWoodlandandalong15 th con. DroopingTrillium Trilliumflexipes,verysmallpopulationbehindBigCedarEstates. RedMulberry Morusrubra,severaltreesalongroadsideatShantyBayDock. SpottedWintergreen Chimaphilamaclata,foundinCopelandForest. SpottedTurtle Clemmysguttata,occasionalsightingsrailtrailcon11towoodland. WoodTurtle Glyptemyinsculpta,reportedsightingsrailtrailcon57. InadditionmanyThreatenedandspeciesofspecialconcernarepresentwithintheTownship.The presenceofthesespeciesprovideopportunitiesforaccesstograntsandresourcesnotgenerally available.Theirpresencehoweveralsocanpresentrestrictionstoavailabletechnologiesand development.Itisfor thisreasonthataspeciesassessmentshouldbeconductedofTownshipHoldings inordertofacilitatefutureplanningespeciallyinthecaseofparklands. Habitatrestoration Inordertoprovidehabitatforwildlifeandtoreducemaintenancecoststhetrendinparksofalltypes hasbeenthenaturalizationofareas.Intheseareasnativeorpotentialfoodplantsforwildlifeare plantedandgrassisnotlandscaped.Habitatrestorationhasthedueladvantageofhelpingoutwildlife andreducingtheareasofparklandwhichrequireenergyintensivemaintenance. AspressuresofincreasedpopulationdensitybecomemoreapparentinOntariothentheavailabilityof programsandresourceswillincrease. Itisestimatedthatnaturalplantsprovide7.5Xmorefoodforinsectsandbirdsthanlandscaped gardens.38 Inordertobeabletotakeadvantageoftheseprogramsassessmentofparklandsshouldbeundertaken inordertoidentifythespeciesandnaturalenvironmentspresentwithinourcurrentholdingsandplan foradditionalparklands. 38 CornellUniversityYardmapprogram2011. 54 Page 150 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... PublicInvolvementandEducation SimplethingsliketheYellowFishRoadprojectcanletthepublicbecomeinvolvedwithconservation effortswithintheTownshipandatthesametimeeducatethepubliconissuesofimportance.The YellowFishRoadprojectsimplyhasschoolchildrenpaintayellowfishonstormdrains,culverts,ditches etc.inwhichstormwaterflowsuntreatedintowaterbodies. CommunitybeautificationeffortssuchasditchcleanuparealreadyongoingintheTownship coordinatedbyservicesclubs.Coordinationoftheseprojectsonalargerscaleandfacilitatingthemnot onlygetsthepublicinvolvedandtakingprideinourroadways,trailsandparks.Theabilitytohavesome controloversuchprojectswouldalsoallowourforcesonthegroundtoconcentrateonworkwhich requiresskillratherthanwastingskilledlaboronmenialtasks. Recycling Recyclingisaconservationmeasurethatlikeallaspectsofwastemanagementrequiresconsiderable infrastructure.Whilerecyclingwithinfacilitiesisoftenonlyamatterofprovidingtheappropriate receptaclesandplacingthecollectedmaterialsoutatthepropertimesforcollection.Thelogisticsof outdoorrecyclingareconsiderable.Asrecyclablematerialsaregenerallynotproducedinhuge quantitiesoutdoorrecyclingcontainerstendnottogetemptiedasoftenasmightbehoped.Thisallows anyorganicresiduetoattractinsectsandanimalsinawaywhichnormalgarbagemaynot.Thequality oftherecyclateisalsonotashighwhencollectedfromoutdoorsources.Streamtendstobe contaminatedwithotherwaste,especiallyanimalwastewhichownerswithtossinanyconvenient containerorhidingspotwitheritisforthatpurposeornot.Thisanimalwasteproblemisthefirstthat needstobeaddressedforasuccessfuloutdoorrecycleprogram. GarbageCollection Thekeytosuccessfulgarbagemanagementisdiversionandreduction.Therearemanystrategies availableinsideafacilityhoweveroutsidemeasuresarestilllimited.Inafacilitylevelsofwastematerials aregenerallysubjecttotheamountofpackagingonmaterialsbroughtin.Ifthesematerialshoweverare recyclablethemselvesdiversionofthiswastestreamwillseverelyreducetheamountofstraightwaste. Themorecategoriesofrecyclablematerialthatcanbeaccommodatedthelessstraightwastetherewill begenerated.TheOroMedonteadministrationcenterhasutilizedtheexistingcountyrecycling programstomaximumbenefitashasgreatlycutback onmaterialsgoingstraighttolandfill.This unfortunatelyisnotthecaseinparksascountycollectionisnothappeningatthem.Thecountyhas completedapilotprojectonrecyclinginparks.Theyhavedeterminedthatthecontaminationinoutside recyclingnormallymakesitunfeasible.Contaminationrateshowevercanbereducedbycontainer designandsignage.Provincialgovernmenthasexpressedaninterestinthisareaandcurrently municipalitiesarewaitingfortheimplementationofaprovincialprogram. 55 Page 151 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 39 39 Yahooroyaltyfreegraphics 56 Page 152 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... EducationHandouts.(Appendix) HavingStaffbuyintoconservationmeasuresissometimesatrial.Exerciseswithsomehumorgoalong wayintobringingenergytotheforefrontofminds. EnergyConservationandDemandQuiz Name: Date: Department: Instructions PleasecarefullyreadeachQuestionandCirclethemostcorrectanswer. PartI:FacilityEnergy 1)ACDMundertheGreenEnergyActandReg.397/11isğͶ a.EnergyConservationandDemandManagementPlan. b.CleanDevelopmentMechanism. c.CryptographicDistinguishabilityMeasure In2011theTownshipofOroMedonteusedtheequivalentelectricityof209homes.In 2)2012theTownshipofOroMedonteusedtheequivalentelectricityof? a.97Homes b.195Homes c.220Homes 3)ThemostefficientLightBulbis? a.Incandescent b.CompactFluorescent c.LED 57 Page 153 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... PartII:Vehicles 1)MostoftheTownshipsofOroaĻķƚƓƷĻ͸ƭvehiclesarefueledby? a.Gasoline. b.Diesel. c.Rage. d.ASelfSatisfiedSenseofSuperiority. 2)TheOldestTruckintheFleetis? a.A1975GMCPumper. b.A1985LadderTruck. c.Whateveritisthestudentsaredriving. d.WhicheveritisJerryisnotdrivingit. 3)YoucanimproveFuelmileageby? a.KeepingTruckWashed. b.KeepingTiresproperlyInflated. c.AandB. d.Carryingasyphonhose. 4)Vehiclesarerefueledby? a.Switchingwithotherdriverwhenlowfuellightcomeson. b.Goingonholiday. c.Magicalfuelfairies. d.Notingfuellevelsandmakingefforttorefuelvehiclesattheendofshift. PartIII:GreenHouseGases 1)TheMainSourceofGHGemissionintheTownshipis? a.FacilityHeating. b.VehicleUse. c.TheLunchRoomatNorthYard. d.SolarFarms. 58 Page 154 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... e.Cattle. 2)WhichisnotaGreenHouseGas? a.WaterVapor b.CarbonDioxide c.Methane d.Ozone e.Oxygen 3)Burningoneliterofgasolinewhichweighslessthanonekgproduces____CO? 2 a.0.05kg b.0.5kg c.1kg d.1.5g e.2.3kg 4)Aleakingfaucetatonedropperseconduseshowmuchextrawaterinamonth? a.1gallon b.2gallons c.10gallons d.50gallons e.165gallons 5)Foranormalhouseholdenergybillhowmuchiswastedenergy? a.10% b.20% c.30% d.40% e.50% Answers:partI:a,b,cpartii:b,b,c,dpartiii:b,e,e,e,b 59 Page 155 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... EyeOpenerseducateaboutenergyandprovideafundistractioninnewsletters. Allthelittlethingsadduphereareafew. 20CommonHouseholdProducts PluggedinCosts*Watts(pluggedin)/daykWh(pluggedin)/yearAnnualCost LCDTelevision 1.9216.8$2.27 PlasmaTelevision 9.5984$11.34 DVDplayer 1.5513.58$1.83 DigitalCable 43.46(Offbyremote)380.71$51.40 boxwithDVR Desktopcomputer 2.84(Off)24.87$3.36(Off) 73.97(Idle)647.98$87.48(Idle) 21.13(Sleep)185.1$24.99(Sleep) DesktopLCD 1.13(Off)9.9$1.34(Off) computermonitor 1.38(Sleep)12.09$1.63(Sleep) Laptopcomputer 8.977.96$10.52 4.42(powercordonly)38.72$5.23(powercordonly) InkjetPrinter 1.2611.04$1.49 4.93(On)43.19$5.83(On) LaserPrinter 1.5813.84$1.87 FlatbedScanner 2.4821.72$2.93 InkjetFaxMachine 5.3146.52$6.28 DSLModem 1.3712$1.62 CableModem 3.8433.64$4.54 GameConsole 1.018.85$1.19 CDPlayer 5.0444.15$5.96 SurgeProtector 1.059.2$1.24 CentralFurnace 4.2136.88$4.98 Coffeemaker 1.149.99$1.35 Cellphonecharger 0.262.28$0.30 IrrigationTimer 2.7524.09$3.25 Basedon$0.135/kWh;1watt=8.76kWh(kWh=kilowatthour) Source:LawrenceBerkeleyNationalLaboratory. 60 Page 156 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... AppendixA TransportationConsumption&Emissions 61 Page 157 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 62 Page 158 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... 63 Page 159 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 160 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 161 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 162 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 163 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 164 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 165 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 166 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 167 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 168 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 169 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 170 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 171 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 172 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 173 of 489 10.m) Report No. RC2014-14, Shawn Binns, Director Recreation... Page 174 of 489 10.n) Report No. RC2014-15, Shawn Binns Director, Recreation... Page 175 of 489 10.n) Report No. RC2014-15, Shawn Binns Director, Recreation... Page 176 of 489 10.n) Report No. RC2014-15, Shawn Binns Director, Recreation... Page 177 of 489 10.n) Report No. RC2014-15, Shawn Binns Director, Recreation... Page 178 of 489 10.n) Report No. RC2014-15, Shawn Binns Director, Recreation... Page 179 of 489 10.o) Report No. RC2014-16, Shawn Binns, Director Recreation... Page 180 of 489 10.o) Report No. RC2014-16, Shawn Binns, Director Recreation... Page 181 of 489 10.o) Report No. RC2014-16, Shawn Binns, Director Recreation... Page 182 of 489 10.o) Report No. RC2014-16, Shawn Binns, Director Recreation... Page 183 of 489 10.o) Report No. RC2014-16, Shawn Binns, Director Recreation... Page 184 of 489 10.o) Report No. RC2014-16, Shawn Binns, Director Recreation... Page 185 of 489 10.o) Report No. RC2014-16, Shawn Binns, Director Recreation... Page 186 of 489 10.o) Report No. RC2014-16, Shawn Binns, Director Recreation... Page 187 of 489 10.p) Shawn, Binns, Director Recreation and Community Servic... Verbal Matters (Section 12.3 of Township’s Procedural By-Law No. 2013-054) Name: Shawn Binns, Director Recreation and Community Services Item Number/Name: 10p) re: Horseshoe Valley Memorial Park Snowblower - Donations Meeting Date: July 16, 2014 Motion No: C140716-29 Type of Meeting: X Council Special Council Committee of Adjustment Accessibility Advisory Committee Recreational Technical Support Group Human Resources Committee Heritage Committee Speaking Notes: Council approval is required to issue receipts for tax purposes. The donations are towards a snowblower for the Horseshoe Valley Memorial Park. 7/31/14 Page 188 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Page 189 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Oro Medonte Community Centre Construction Report No. 4 June 30, 2014 The Township of Oro Medonte 148 Line 7 South Oro, ON L0L 2X0 Attention: Shawn Binns Re: Community Centre Expansion, Phase I, Oro Medonte Community Centre Oro Medonte, ON Dear Shawn, This report is intended to provide you with an overview of the ongoing activities on the project. Hopefully it provides you and the Township with valuable information as the project progresses. Yours truly, Steenhof Building Services Group David Jefferies, Project Manager -2 - JUNE 30, 2014 126 MISSISSAGA STREET EAST, ORILLIA, ON L3V 1V7 705.325.5400 WWWSTEENHOFBUILDING.COM Page 190 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Oro Medonte Community Centre Construction Report No. 4 TC ABLE OF ONTENTS 1.0PO ROJECT VERVIEW 1.1 Financial Status Overview .................................................................................................................... 4 1.2 Schedule Status Overview ................................................................................................................... 4-5 2.0FINANCIALREPORT 2.2 Change Order Summary ...................................................................................................................... 7 2.3 Un-Resolved Changes ......................................................................................................................... 8-11 2.4 Time and Material Work ..................................................................................................................... 12 2.5 Cash Allowances ................................................................................................................................ 12 3.0P ..................................................................................................................................................... 13-14 URCHASING 4.0 SCHEDULE UPDATE 4.1 Schedule of Ongoing Activities........................................................................................................... 14 4.2 Problems and Solutions ..................................................................................................................... 15 5.0 RFIS AND SITE INSTRUCTIONS 5.1 RFI Log .............................................................................................................................................. 16-17 5.2 Site Instruction Log ............................................................................................................................ 18 6.0 SAFETY 6.1 Safety Update .................................................................................................................................... 19 7.0 PROJECT CLOSEOUT 7.1 Acceptance of Work ........................................................................................................................... 19 7.2 Manuals/Warranties/As-Builts ............................................................................................................ 19 7.3 System Commissioning ...................................................................................................................... 19 8.0 ................................................................................................................................. 20-21 PROGRESS PHOTOGRAPHS AA PPENDIX AB PPENDIX -3 - JUNE 30, 2014 126 MISSISSAGA STREET EAST, ORILLIA, ON L3V 1V7 705.325.5400 WWWSTEENHOFBUILDING.COM Page 191 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Oro Medonte Community Centre Construction Report No. 4 1.0PROJECTOVERVIEW 1.1 Financial Status Overview Please see attached Appendix A for a summary of the current financial status of the project. J.Emmons from SBSG has updated the spreadsheet to reflect purchasing since the last report and other changes. Consistent with the last few reports, there is a current projected cost over-run of $173,550 above the Council approved budget of $3,629,387 which includes $61,516 - anticipated through application of the full input tax credit and $72,607 for LED lighting approved June 18, 2014. A description of significant variances is included in Appendix B. We again caution the Township that there is always financial risk in any construction project, and that in this CM format, there is continued risk that is only partially minimized as each sub-trade is contracted. We are done with the bulk of the major purchasing but much work is left to go and new items that require design adjustments and associated extra work often for the unforeseen are being continually encountered. Some of the remaining purchasing is also unit rate- i.e. hourly concrete pumping and cubic meter concrete purchasing- these purchases carry risk relative to actual quantities purchased versus the initial estimate. A general contingency of $152,155 (5% of initial costs estimates) remains included in the budget however, this was on the low side and may not may be adequate to address the required changes. It is our understanding that the Township has also developed financial contingency plans. Change Orders are captured in Section 2 as is a listing of any Unresolved Changes. These unresolved changes will be worked through in the coming weeks. Some are a result of scope changes, some a result of unknown existing conditions, and some a result of design adjustments. 1.2 Schedule Status Overview The full building permit was issued this month following a request for additional information on a number of items. The electrical design was altered slightly and the IFC drawings have been issued. LED lights were added to the project as approved by Council. These lights have now been ordered and we are waiting for a delivery date. Mechanical underground work is about 80% complete. Many of the shop drawings are in the process of being reviewed. Concrete footings are complete and most of the foundation walls are complete except for the header trench and the final tie-ins along GLA. -4 - JUNE 30, 2014 126 MISSISSAGA STREET EAST, ORILLIA, ON L3V 1V7 705.325.5400 WWWSTEENHOFBUILDING.COM Page 192 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Oro Medonte Community Centre Construction Report No. 4 Most of the trades have been contracted other than the overhead door supplier, the fireproofing subcontractor, millworker, fire water tanks and some other minor purchases. Per comments in previous reports, the project schedule was very aggressive for the amount of work that was brought into the overall project scope during the design period. SBSG advised Township staff in mid-June that it would not be possible to make an early September opening. While every effort is still being made to build as quickly as possible, three major hurdles were encountered in June- 1) abnormal rainfall for the month of June which prevented good progress in the new change room area and at the addition, 2) the loss of the Site Superintendent to serious illness and 3) the presence of topsoil under the existing footings at GL A and 10- the one critical location for one of the two new Pre-Eng. footings. All of these challenges combined to set the project timeline back quite substantially. We reiterate our recommendation for the Township to have contingency plans in place for user groups to have other ice space available for the bulk of the fall season. We would prefer to ensure a quality product rather than rush the delivery and compromise some of the quality of key componentsof the project. We are in the processing of creating a new schedule based on the current status of the project and will issue in early July. 2.0FR INANCIAL EPORT See attached updated financial forecast spreadsheet. This spreadsheet has been updated with a detailed breakdown of the sub-trade pricing as it becomes known after the Tenders and prices are received and evaluated. (See Appendix A.) The report shows that the current SBSG projection given the known costs. In report #2, presented to Council, suggestions were made for consideration to be given to reduce the scope of the project in light of projected overruns. However, Council decided to proceed with the full scope of the project in spite of a projected overrun at that time. We have also included Appendix B outlining some of the significant variances from the original estimate. Possible future savings not captured in the attachment include: Still optimistic that we can save more money on the fire water storage with an alternate design - perhaps $20,000 maximum, however this is far from certain until the final procurement and installation is complete As anticipated in the last report, we saved about $10,000 by going with less expensive skate flooring- but we have allocated money for floor patching out of that $10,000. So unlikely that it would be realized in full if at all. The state of the current concrete now that it has been exposed is not good and will require a lot of rework to accept the new flooring Some possible unrealized savings on credits on excavation and backfill not captured herein- approx. $10,000 -5 - JUNE 30, 2014 126 MISSISSAGA STREET EAST, ORILLIA, ON L3V 1V7 705.325.5400 WWWSTEENHOFBUILDING.COM Page 193 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Oro Medonte Community Centre Construction Report No. 4 However, the following other considerations should be noted within the overall financial considerations of the project: The completion date can have a financial impact to the project- some costs reoccur weekly until project completion- i.e. Some site labour, the Site Superintendent wage, etc. The forecast has not been revised to project additional costs past the end of September, but there will undoubtedly be additional costs related to the completion date. Energy grants and incentives have yet to be quantified. Oro-Minor Hockey has committed to sponsor sound system in the amount of $30,000 which, accordingly has been omitted from scope. Excavation and backfill and any work underground often has more inherent risk than many other aspects of these projects- there have been some problems and we still have to excavate for the septic tanks and the fire water storage tanks which may have unknowns. We recently ran into existing septic piping which is interfering with the new rear parking area and this will result in additional costs. The budget assumes that the detailed final cleaning of the space will be by Township staff. Only co We assumed that the cut slabs on grade that are stacked ready for removal off site can be done so free of charge this is now not looking likely- the original person interested is now not, and we are sourcing options. If the Township wants to exactly match the current siding, this cost is not captured in the current budget. This item is noted in Unresolved Changes and is being assessed for the additional upcharge. Fireproofing of the ceilings of some areas of the building will be required given the change in the building classification. This cost will need to be covered by the remaining contingency funds Removing or abandoning the existing septic tank and bollards is currently not in the projectscope Asphalt patching is not currently part of the project scope Testing of certain things like concrete, compaction, steel inspection etc. by Exp is included as an estimate in the budget of $5,000. The end cost will not be known definitively until project completion. Some of the costs for things that the Township staff/departments can accomplish on their own like landscaping at the front entrance and rear area etc. were previously removed from the construction budget and are to be completed outside the scope of this project -6 - JUNE 30, 2014 126 MISSISSAGA STREET EAST, ORILLIA, ON L3V 1V7 705.325.5400 WWWSTEENHOFBUILDING.COM Page 194 of 489 10.q) Shawn Binns, Director Recreation and Community Service... - $14,239.52 $468.00 $3,260.00 $10,040.00 $5,864.87 $550.00 7 CO Amount $34,422.39 - June 6, 2014 Total June 11, June 11, June 12, Date CO May 22, Issued June 6, 2014201420142014 2014 .COM Date of Last May 30, 2014 May 28, 2014 June 2, 2014 May 20, 2014 May 5, 2014 WWW.STEENHOFBUILDING April 25, Quote 2014 May 27, 2014 May 21, 2014 May 9, 2014 June 6, 2014June 6, 2014 April 28, Date CN Received 2014 705.325.5400 aluminum piece at Olympia wheel height Revised engineered pad, and delete tie L3V 1V7 Above ceiling work on second floor T EAST, ORILLIA, ON Paint the main frames in rink area add heat as well as cooling Description 126 MISSISSAGA STREE meeting room Relocation - RTU rod Change Order Summary CCN9 and JUNE 30, 2014 CCN 17 CN, SI JSI S4 Other 5 4 Monthly Construction Report No. - 15 Oro Medonte Community Centre ELE RFI #6 Updated June 20,104 1 2 3 4 5 6 7 8 9 CO# 2.2 SBSG No. 1712 1315 85 Page 195 of 489 10.q) Shawn Binns, Director Recreation and Community Service... - 8 - James and Shawn for processing. required on this wall with the deletion of are still likely to follow once the balance never contracted for this scope prior some additional Shelswell costs Formal quote to be submitted shortly. trades slab granular are known. review. will some insulation still be Status/Comment - not applicable With Owner for approval With Chris and Fred for With Jocelyn to Quote to issuing CCN. .COM this material? - With JamesWith JamesWith James - Cancelled WWW.STEENHOFBUILDING of the sub -- NoteNote With Approximate See SBSG 7 $10,450.00$17,015.76 $1,275.00 $7,298.00 $7,481.00$2,443.00 Value N/A 705.325.5400 - -- Date of Last Quote , 2014 See SBSG 7 L3V 1V7 , 2014 st N/A May 21 st T EAST, ORILLIA, ON May 21 N/A Garland siding to be reused and new steel Delete cladding from Northside GL 10 to Change D003 & D004 from Sliders to HM tender to the electrical IFC drawings. Door D004 changed to single leaf, also Various changes from the electrical 126 MISSISSAGA STREE remain Existing refrigeration slab to Shelswell Extra for clay pipe CCN2 Description Siding on North Side combined quote from Olympia exit door way to be quoted JUNE 30, 2014 4 Monthly Construction Report No. Oro Medonte Community Centre Resolved Changes GL11 x 2014 Change Notice No. 3 10 12378 4 - Updated: June 23, ELE 16 - Un SBSG No. 1416 173679 2.3 Page 196 of 489 10.q) Shawn Binns, Director Recreation and Community Service... - 9 - Owner approved increased budget to allow LED. Formal quote to be submitted to James and Chris for Never part of original scope. Norweld RFI to be issued for comment and move forward. Central Painting is Misc. Change Order. Lights ordered. going to site to advise what the Metals but redesign is likely 3 cheapest solution might be. Status/Comment has included some cost in Joc chasing a breakdown. With McGill for Pricing Are these required? Work proceeding. ladders, not 1. .COM Joc to quote With JamesWith James June 19: WWW.STEENHOFBUILDING Approximate increased allocation. $11,000.00 $1,897.58 $1,533.00$1,580.00$2,321.85$3,256.80 budget Part of 755.00 Value $ 705.325.5400 - Date of Last Quote L3V 1V7 June 16, 2014June 13, 2014June 13, 2014 T EAST, ORILLIA, ON N/A GE Sallows Additional Doors required by Exterior Wall Pack LED + 2 Additional Flaking paint on underside of existing Concession Stand 126 MISSISSAGA STREE Entrance Foundation Revision, Secondary Service Conductors Bleacher Landing Changes Description Roof Anchors at RTU Gas Metering for foundation plan. PVC Storm Line JUNE 30, 2014 Roof ladders 4 deck Monthly Construction Report No. Oro Medonte Community Centre metal Code. Change Notice No. 4 - Code ELE 19 20 56 SBSG No. 18 19202122232526272829 Page 197 of 489 10.q) Shawn Binns, Director Recreation and Community Service... - 10 - directed U Soils were not good enough here at Direction on design? Not part of the Work proceeding. Additional costs Nothing shown currently on plans. from Eissess and Shelswell likely. Waiting on invoices from McGill. fill to provide suitable bearing. project For discussion June 24, 2014For discussion June 24, 2014 current GE Sallows contract. Black and Mack and SBSG A result of revised building Status/Comment Extra for mason, electrical XP Not in original scope of the design elevation. E designers to resolve. Details required. classification .COM With James With Owner WWW.STEENHOFBUILDING Approximate $5,000 plus 130.00300.00800.00 600.00 Value ,,, - $9$5$9 $ 705.325.5400 Date of Last Quote June 13, 2014June 16, 2014June 11, 2014June 11, 2014 L3V 1V7 T EAST, ORILLIA, ON -Additional demolition and excavation at metal Screens at reception desk re used condenser All sectional roll up doors with no fire under existing P Condenser Water Treatment System Concrete U fill at underside of new Fireproofing OWSJ and deck and at low roof 126 MISSISSAGA STREE Vestibule for Refrigeration room intumescent paint on columns Stand for new dehumidifier Description deck Roofer - panels Vapour barrier repairtopsoil Circ Line Concrete piers for re siding - footings JUNE 30, 2014 GL A and 10 - Paint rusted Reduce Re 4 Monthly Construction Report No. Oro Medonte Community Centre existing footingsHollow rating . ng E Change Notice No. N/AN/AN/A 2122 SBSG No. 30313233343536373839404142 Page 198 of 489 10.q) Shawn Binns, Director Recreation and Community Service... - is being constantly updated on the 11 as well as - that the project With trades for pricing June 26With trades for pricing June 26 on a project like this Status/Comment Some working proceeding plated Changes and of course Owner representative sign off on the final Change Orders is part of the formal process With David to review .COM coordination issues that are common WWW.STEENHOFBUILDING . The Township Approximate Value for additional scope, in addition to adjustments due to unknown conditions 705.325.5400 Date of Last Quote June 25, 2014 L3V 1V7 partially T EAST, ORILLIA, ON TBD these are Total: Septic field materials to be removed - as noted above Additional masonry Due to Demo 126 MISSISSAGA STREE Thermal Standoff wall Vicwest AD Series Cladding Description There are a number of possible changes JUNE 30, 2014 4 Monthly Construction Report No. . Oro Medonte Community Centre Pre Eng administration is following. some Owner requests Change Notice No. N/A 2324 SBSG Contem No. 43444546 Page 199 of 489 10.q) Shawn Binns, Director Recreation and Community Service... slab and removal of unsuitable material off site from of the - se which 12 00 plus HST. A concrete pad will ie. Aluminum/glass removals, steel etc. The cost for this work would be part of the demolition line item in the budget and this kind of udget. But the - . This was not part See the budget did not originally capture any work under the slab as the existing soils were assumed to be suitable for total reu to date. the contract was approved in late June by the Governance Committee. It fit within the allowance b At the outset of the project, $75,000 was set up as an allowance for a number of scopes of work. This amount has not changed Status 10,000 .COM $ about WWW.STEENHOFBUILDING 5 , 4 mately $1 - the cost to repair this is pegged at hourly demolition work done by various subcontractors who are best suited to the work Appendix A for more details. The gas supply to the facility was contracted by the Township at approxi Invoice Value change room 705.325.5400 $0.00 trades involved. rep under the have to be formed and poured in addition to that cost, for the new gas assembly. L3V 1V7 otal - T EAST, ORILLIA, ON barrier created problems T - original budget estimate as it was not visible during the design period. scope is often not part of the new contracted work for the various sub There was also some time and material work done by Shelswell for p Description 126 MISSISSAGA STREE , overhead doorsvapor unanticipated poor state of the underlying CD # JUNE 30, 2014 Time & Material Work 4 Monthly Construction Report No. Oro Medonte Community Centre - torching, metal siding removals Cash Allowances The Low E product is finalized some # SBSG has been - they were not. this excavation There 2.42.5 Page 200 of 489 10.q) Shawn Binns, Director Recreation and Community Service... - approved by the Governance Committee on April 8, 13 - approved by Governance approved by the Governance Committee on April 8, 2014. , 2014. approved by the Governance Committee on April 8, 2014. by Governance Committee on April 30, 2014. approved by the Governance Committee on April 8, 2014. Committee on April 11, 2014.approved by Governance Committee on May 13, 2014. approved by Governance Committee on April 1, 2014. 13 approved by Governance Committee on May 13, 2014. approved by Governance Committee on May G.E. Sallows. Contract for $28,260 approved by Governance Committee on April 30, 2014. GRC Contracting. Revised contract for $56,800 approved by Governance Committee on May 28, 2014. . , 2014 Assa Abbloy. Contract for $13,000 approved by Governance Committee on May 28, 2014. approved by Governance Committee on May 28, 2014. Black & MacDonald. Letter of Intent approved by Governance Committee on April 17, 2014. approved by Governance Committee on May 16, 2014. .COM March 25 14. approved by Governance Committee on May 13, 2014. approved by Governance Committee on April 1, 2014. WWW.STEENHOFBUILDING Contract for $ 9,380.00 Upper Canada. Contract for $47,150 approved by Governance Committee on May 28, 20 GRC Contracting. Letter of intent approved by Governance Committee on April 30, 2014. approved by Governance Committee on approved by the Governance .50 705.325.5400 for $93,313 Desroches Concrete Floors. : so far The following is a list of trades who have been contracted by the Township Black and MacDonald. Contract for $512,050 approved Sons. Contract 7.98 L3V 1V7 Contract for $26,355 for $112,88 T EAST, ORILLIA, ON for $73,796 Contract for $123,790 Contract for $15,548.50 $48,850.00 for $78,600 for $512 050 163,757 for supply McGrath Downing Masonry Inc. Contract Morris Shelswell & Contract for $122,500 McGill Forming. Contract Concrete Floor Finishing (Adjacent Slabs Only) Contract for Contract for $62,000 for supply Norweld. Contract $ for c. Letter Horsepower Electrical. Contact 126 MISSISSAGA STREE Allan Wright Water Wells In Contract iseum Recreation. Automatic Steel. Automatic Steel Barrie Metro Glass Steelcon Inc. Excavation and Backfill Tender Committee on May 16, 2014. A&M Contracting . Steel, OWSJ, Metal Deck Eisses JUNE 30, 2014 4 Monthly Construction Report No. Concrete Formwork ors Col Oro Medonte Community Centre - - Aluminum Sliders oncrete Supply Rebar and Mesh Rebar and Mesh Partial Demolition Building Hollow Metal Do - Dasher Boards - Refrigeration Refrigeration PURCHASING Well Drilling Mechanical Curtin Wall Hardware Electrical Masonry Eng. Roofing Siding Siding 2014. - Pre C 10)11)12)13)14)15)16)17)18)19)20)21)22)23) 1)2)3)4)5)6)7)8)9) 3.0 Page 201 of 489 10.q) Shawn Binns, Director Recreation and Community Service... We were able to - the fire water 14 when - approved by Governance Committee on this is unfortunate approved by Governance Committee on June 13, 2014. - response the overhead doors, fireproofing, millwork/finish carpentry, caulking and first the way to pour the new slab which is the critical path. - delivery because of the soils problems at GL A and 10 was their 13, 2014. approved by Governance Committee on June 13, 2014. approved by Governance Committee on June 13, 2014. approved by Governance Committee on June 13, 2014. .COM scramble and get the delivery rescheduled for the first week of July which is much better than late July which WWW.STEENHOFBUILDING approved by Governance Committee on June Contract for $21,000 . area around the existing electrical service 705.325.5400 Contract for $12,000 Floors L3V 1V7 impact to getting the gable end columns out of Belmont Concrete T EAST, ORILLIA, ON June - K.P. North Reinforcing mid Contract for $59,550 building delivery had to be put off from a Contract for $78,950 r $23,800 notably Contract for $32,600 on site. 126 MISSISSAGA STREE the (Rink Slab Only) - a few more trades to contract Contract fo The insulation for under the heated floors is the foundation problems were encountered. except for nearing completion. Schedule of Ongoing Activities Hamilton Contracting Rebar and Mesh Installation Quanbury Contract Interiors MKG Contracting Central Painting he demolition is now complete Concrete Floor Finishing JUNE 30, 2014 UPDATE 4 Monthly Construction Report No. Oro Medonte Community Centre it means a significant The foundations are May 16, 2014. only SCHEDULE storage tanks. . Painting ng Drywall Septic There are E - re P The 24)25)26)27)28)29) T 4.1 4.0 Page 202 of 489 10.q) Shawn Binns, Director Recreation and Community Service... variety of other along the outer wall are complicating the ability to get the new roof installed over quite a - 15 none of the existing structure is We have put in place another very experienced Site Super but the transition the rain has ng slightly. Without going into the particulars, there main frame pier. We adjusted fairly - act on the know. This loss of a key team s been columns are out of the way, this work can continue. were challenges dealing with an existing building, the inability and impractical approach to sprinklering the building and a - plumb or square, or consistent. Existing walls are not parallel to one another and as a result the layout of the additions ha n and radiant tubing is prepped The challenges around the building classification design as it relates to building code and permit had a little bit of an imp . The mason will also be starting on the electrical room shortly as well as the two story addition at the front of the building the rain has delayed the foundation install by about 9 working days. .COM - , even though conceptually quite simple have proven fairly difficult WWW.STEENHOFBUILDING intendent was hospitalized for a serious illness and remains in hospital as far as we . ng June: E - re insulatio conduit has been bored in and the wire and switchgear is on order. P under the existing footings at GL A and 10 halted the installation of the second a few major problems which have impacted things fairly significantly in e - in floor eng building along GL 11 which delayed the delivery of the pre 705.325.5400 took time and there is always a catch up period when transitioning like this. as soon as the . . framing ng L3V 1V7 E - re ated. late July. P ng once the T EAST, ORILLIA, ON E challenges that took more time to work through than anticip - have started at the front area and will continue member had an affect our ability to maintain pace on site. re rotted parapet P for lt in a delay of the delivery of the - ell is scheduled - ted our ability to get this area completed complete 126 MISSISSAGA STREE - has not cooperated very well partially and a to existing building tanks are on order and the w deck slab is the existing change room area. metal bit slower than anticipated. - The expansion of the rink sub Problems and Solutions JUNE 30, 2014 Rust on top of existing 4 secondary Monthly Construction Report No. quickly but it did resu Oro Medonte Community Centre - design of the pre s There are currently Super onnection eather seriously impac walls lectrical The Site Topsoil eptic The wThe c Masonry The eThe s 1)2)3)4)5)6) 4.2 Page 203 of 489 10.q) Shawn Binns, Director Recreation and Community Service... - 16 - .COM WWW.STEENHOFBUILDING 705.325.5400 L3V 1V7 T EAST, ORILLIA, ON 126 MISSISSAGA STREE JUNE 30, 2014 4 Monthly Construction Report No. Oro Medonte Community Centre Page 204 of 489 10.q) Shawn Binns, Director Recreation and Community Service... - 17 In Progress CompletedCompletedCompletedCompletedCompletedCompletedCompleted With the - owner Status Submitted by: Steve Morrison Answered by: James WorrallAnswered by: James Worrall Answered by: Architectural Answered by: Architectural Answered by: Architectural Submitted by: Horsepower Submitted by: Horsepower by: Structural Answered by: Electrical Answered by: Electrical Submitted by: Steelcon Submitted by: Steelcon by: SteelconSubmitted by: SteelconSubmitted by: Steelcon Comments .COM WWW.STEENHOFBUILDING DepartmentDepartmentDepartmentDepartmentDepartment DeparmentSubmitted Answered ElectricElectric G No. SBS 705.325.5400 April 28, 2014April 28, 2014April 29, 2014 Response May 1, 2014May 7, 2014May 6, 2014 Date N/AN/A L3V 1V7 T EAST, ORILLIA, ON Date Submitted April 25, 2014April 25, 2014April 28, 2014April 28, 2014 May 1, 2014May 7, 2014May 7, 2014May 2, 2014 126 MISSISSAGA STREE Column and Toilet Branch Conduit and Gridlines and Exterior Trim 3 Confirmation of Wall type Underside of AND SITE INSTRUCTIONS Subject Anchor Bolt Design --- 1 Structural2 StructuralStructural JUNE 30, 2014 Junction Boxes Arena Lighting 4 - Monthly Construction Report No. Architectural Rigid Frame Base Plates Oro Medonte Community Centre Positioning Electrical colours 5 ---- 180180180180 RFI Log Contractor Horsepower Horsepower SteelconSteelconSteelconSteelconSteelcon McGrath Sextons S FI 5.1 Site R RFI No. 12345678 5.0 Page 205 of 489 10.q) Shawn Binns, Director Recreation and Community Service... - 18 CompletedCompletedCompletedCompleted - Status Answered by: James WorrallAnswered by: James Worrall by: GE Sallows Submitted by: Steelcon Comments .COM WWW.STEENHOFBUILDING Submitted G No. SBS 14 705.325.5400 Response May 8, 2014 7, 2014 Date July L3V 1V7 T EAST, ORILLIA, ON Date Submitted , 2014, 2014, 2014 June 25, 2014 May 2, 2014May 9, 2014 ththth May 14May 21May 28 126 MISSISSAGA STREE 4 Section and Elevation GL A Additional Joist, and dimension Incoming well water design Dimension verification Building out of square Subject Door clarification JUNE 30, 2014 4 Monthly Construction Report No. Oro Medonte Community Centre verification - 180 Contractor GE Sallows Josh and SteelconSteelcon NorweldNorweld James Site RFI No. 1011121314 9 Page 206 of 489 10.q) Shawn Binns, Director Recreation and Community Service... - 19 - Instruction by Architectural to Trades Trades Instruction by Structural to SiteInstruction by Structural to Site Instruction by Structural to Site Status/Comment Instruction by Structural to .COM WWW.STEENHOFBUILDING Value N/AN/AN/AN/AN/A 705.325.5400 Date of Last L3V 1V7 Quote N/AN/AN/AN/AN/A T EAST, ORILLIA, ON Temporary Shoring at Existing Load Bearing Relocation of the Refrigeration Room Entrance Existing Rink Slab Engineered Pad Temporary Engineered Shoring for Site 126 MISSISSAGA STREE Description - Transition Detail for Rebar Detail on Pre JUNE 30, 2014 4 Footings/Piers Monthly Construction Report No. Oro Medonte Community Centre Site Instruction Log Wall Instruction No. Job Site S1S2S3S4A2 ----- JSIJSIJSIJSIJSI 5.2 Page 207 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Oro Medonte Community Centre Monthly Construction Report No. 4 6.0SAFETY 6.1 Safety Update Leader Industries has been retained by the Township and SBSG to perform safety orientation consulting services for the project. They are performing routine audits during construction to help ensure compliance with the OHSA as well as the safety policies and procedures of the Township. There are currently no concerns around safety from any of the Team members. SBSG asks the entire Team at each site meeting whether there are concerns or not, and nothing notable has been raised. The public does use the adjacent fields and parking becomes quite crowded at night and on weekends but the parking is outside the perimeter fencing of the project. 7.0PROJECTCLOSEOUT 7.1 Acceptance of Work SBSG Consultants have been reviewing the process during construction to help ensure compliance of the sub trades with the contract design. EXP has inspected all areas prior to footing placement and are checking compaction of the granulars. 7.2 Manuals/Warranties/As-Builts SBSG will be preparing O&M manuals as sub-trade submittals are approved. As-built drawings are being maintained as well. SBSG will update the IFC drawings with any Site Instruction, RFI responses, or Change Orders issued. The Site Super will maintain a record set on site noting any changes made at the site level. 7.3 Systems Commissioning There will be commissioning of the building as we approach the completion of the project. Typically, the mechanical systems require the most commissioning. There is not a formal commissioning agent involved in the project- the mechanical sub-trade will be responsible to commission their own systems as well as the rink plant subcontractor -20 - JUNE 30 2014 126 MISSISSAGA STREET EAST, ORILLIA, ON L3V 1V7 705.325.5400 WWWSTEENHOFBUILDING.COM Page 208 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Oro Medonte Community Centre Monthly Construction Report No. 4 8.0PROGRESSPHOTOGRAPHS -21 - JUNE 30 2014 126 MISSISSAGA STREET EAST, ORILLIA, ON L3V 1V7 705.325.5400 WWWSTEENHOFBUILDING.COM Page 209 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Oro Medonte Community Centre Monthly Construction Report No. 4 -22 - JUNE 30 2014 126 MISSISSAGA STREET EAST, ORILLIA, ON L3V 1V7 705.325.5400 WWWSTEENHOFBUILDING.COM Page 210 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Page 211 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Page 212 of 489 10.q) Shawn Binns, Director Recreation and Community Service... Page 213 of 489 10.r) Report No. DS2014-33, Andria Leigh, Director Developme... Page 214 of 489 10.r) Report No. DS2014-33, Andria Leigh, Director Developme... Page 215 of 489 10.r) Report No. DS2014-33, Andria Leigh, Director Developme... Page 216 of 489 10.s) Report No. DS2014-34, Andria Leigh, Director Developme... 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Page 265 of 489 10.ab) Report No. CS2014-18, Doug Irwin, Director Corporate ... Page 266 of 489 10.ab) Report No. CS2014-18, Doug Irwin, Director Corporate ... Page 267 of 489 10.ab) Report No. CS2014-18, Doug Irwin, Director Corporate ... Page 268 of 489 10.ab) Report No. CS2014-18, Doug Irwin, Director Corporate ... Page 269 of 489 10.ac) Report No. CS2014-19, Doug Irwin, Director Corporate ... Page 270 of 489 10.ac) Report No. CS2014-19, Doug Irwin, Director Corporate ... Page 271 of 489 10.ac) Report No. CS2014-19, Doug Irwin, Director Corporate ... Page 272 of 489 10.ad) Report No. CS2014-20, Doug Irwin, Director of Corpora... Page 273 of 489 10.ad) Report No. CS2014-20, Doug Irwin, Director of Corpora... Page 274 of 489 10.ad) Report No. CS2014-20, Doug Irwin, Director of Corpora... Page 275 of 489 10.ad) Report No. CS2014-20, Doug Irwin, Director of Corpora... Page 276 of 489 10.ad) Report No. CS2014-20, Doug Irwin, Director of Corpora... Page 277 of 489 10.ad) Report No. CS2014-20, Doug Irwin, Director of Corpora... Page 278 of 489 11.a) Mayor H.S. Hughes, re: correspondence dated June 26, 2... Page 279 of 489 11.a) Mayor H.S. Hughes, re: correspondence dated June 26, 2... Page 280 of 489 11.b) Mayor Hughes, correspondence received July 3, 2014 fro... The Simcoe County Federation of Agriculture invites its members and the public to attend its Annual Summer BBQ Including Miller’s Dairy Day and the Simcoe County Food and Agriculture Charter Champion Awards Saturday July 12, 2014 Miller’s Dairy Day (11 a.m. to 4 p.m.) Miller’s Dairy Fun for the whole family, Miller’s Dairy Day features a variety of children’s activities, BBQ lunch, and a guided tour of Miller’s Dairy. 7280 County Road 9, Creemore ON L0M 1G0 SCFA Annual Summer BBQ (4:30 p.m. to 6:30 p.m.) The Simcoe County Federation of Agriculture’s Annual Summer BBQ GPS COORDINATES honors SCFA members with a farm tour, guest speakers, a BBQ dinner, and features the Simcoe County Food and Agriculture Charter N 44 20.084 Champion Awards ceremony. W 80 05.378 Tickets for SCFA BBQ$20/per person. R.S.V.P. by July 4 to 705-726-9300 ext 1224. Page 281 of 489 Visit fpa.simcoe.ca for more information 11.c) Mayor H.S. Hughes correspondence from Settlers' Ghost ... Page 282 of 489 11.d) Councillor Evans, correspondence dated July 7, 2014 fr... From: Old Tymer Welding \[mailto:oldtymerwelding@yahoo.com\] Sent: Monday, July 07, 2014 7:58 AM To: Evans, Dwight Cc: awiebe@orillia.ca; McNiven, Lisa; Witlib, Derek Subject: Road Naming Concerns Councillor Evans, I was speaking with Alan Wiebe at the City of Orillia about a rather unique situation that has come up. In our conversation it was determined I should probably be talking to my Ward Councillor (yourself to my understanding) as well as the applicable personnel at Oro-Medonte (Lisa McNiven and Derek Whitlid by my understanding). I'll do my best to outline the situation for you all and see how we can resolve it. We are a local business that is located at 39 Jamieson Drive in the Forest Home Industrial Park. Technically in Oro-Medonte but our address is "Orillia" There is another Jamieson Drive in Orillia off of Fittons Road. (see attached map). Of lesser concern there is also a Jamieson Crescent right near "our" Jamieson Drive. But primarily this discussion is about the two streets that are named the same. The issue that has arisen is as follows: Due to the increased use of GPS and internet searchs (ex "Google Maps") there is an increasing amount of confusion over which Jamieson Drive emergency services, suppliers, customers, inspectors etc should be travelling too. We frequently receive calls from people that are "lost" and are at the residential 39 Jamieson Drive off of Fittons road due to GPS. Of primary concern to us is emergency services. If there is an injury at a workplace in the industrial park...will the ambulance go to the Jamieson off Fittons? And vice versa with the residents of Jamieson Drive off Fittons with residential emergencies such as a house fire or heart attack. Secondary to this there are safety concerns regarding our suppliers. We frequently get tractor trailer loads of material. Currently these drivers frequently drive to the Jamieson Drive off of Fittons because of GPS. So the situation that has arisen is we have these tractor trailers are driving very close to schools (Monsignor Lee and Patrick Fogarty) and also driving through the residental area of Jamieson drive. To be honest I'm rather surprised residents haven't complained about this (especially those with young children). Lastly there is obviously concerns over lost time/delays sorting this out on a frequent basis. I would like to open discussion about how we can resolve this issue. I would think the most obvious coarse of action would be to rename one of the streets but of course you would know better than I if this is what should take place. Page 283 of 489 11.d) Councillor Evans, correspondence dated July 7, 2014 fr... I understand this process will probably be a bit of a task as I'm sure there are notifications, discussions, meetings and paperwork that would need to happen. But I appreciate anything we can do to resolve it. Regards, Jake Hawkins Project Manager Old Tymer Welding 39 Jamieson Drive RR#1 Orillia, Ontario, L3V 6H1 Phone 705-327-1964 Fax 705-327-1961 Page 284 of 489 12.a) Announcements of Interest to the Public:Are you on the... VOUS HAVE YOUR SAY CONNECTEZ October 27, 2014 Municipal and School Board Elections Élections municipales et scolaires 2014, 27 octobre 2014 Page 285 of 489 12.a) Announcements of Interest to the Public:Are you on the... Election Officials Required 2014 Municipal Election Township of Oro-Medonte Positions for Deputy Returning Officer, Assistant Deputy Returning Officer and Greeter are available for the 2014 Municipal Election, to be held on Monday, October 27, 2014. The Township’s Advance Vote days are to be held on October 11, 16 and 18, 2014. The mandatory training for these positions will be held in late September/early October. Application forms and recruitment questionnaires for these positions are available for pick up at the Township of Oro- Medonte Administration Centre, 148 Line 7 South, Oro- Medonte, by mail, fax or via the Township’s website at www.oro-medonte.ca. Completed applications and recruitment questionnaires are to be received, in person, by the Township on or before Friday, August 29, 2014. For more information, please contact the Clerk’s office at (705) 487-4020. We thank all those individuals who apply. J. Douglas Irwin, Clerk Page 286 of 489 12.a) Announcements of Interest to the Public:Are you on the... YOU ARE INVITED TO THE SEVERN SOUND ENVIRONMENTAL ASSOCIATION (SSEA) OPEN HOUSE 2014 Scudder Mackey Featuring guest speaker: Managing the Georgian Bay Shoreline – Addressing Environmental Impacts Come and meet the friendly and Chat with them about their work and view our program and project displays. Find out what the SSEA is all about, including: Monitoring Monitoring Monitoring Natural Shorelines Invasive Species Fish Habitat Species at Risk Thursday July 17th, 2014, 1:00 p.m. - 4:00 p.m. When: Where: For more information contact: Severn Sound Environmental Association 67 Fourth Street CELEBRATING 17 YEARS OF CONTINUED SUCCESS! Page 287 of 489 12.b) Correspondence dated June 12, 2014 from Marlene Mattso... Page 288 of 489 12.c) Minutes of Lake Simcoe Region Conservation Authority m... NO. BOD-06-14 Friday, May 23, 2014 120 Bayview Parkway, Newmarket, ON MINUTES LSRCA Board Members Present: LSRCA Staff Present: Regional Councillor D. Bath, Chair D. G. Wood, Chief Administrative Officer Mayor G. Dawe, Vice-Chair B. Kemp, General Manager, Conservation Lands Councillor M. Baier R. Jarrett, General Manager, Communications & Education Regional Councillor J. Ballinger J. Lee, General Manager, Corporate & Financial Services Mr. E. Bull M. Walters, General Manager, Watershed Management Councillor P. Craig T. Barnett, Coordinator, BOD/CAO, Project & Services Councillor D. Crake R. Baldwin, Director, Planning & Development Services Regional Councillor B. Drew S. Brockman, Development Planner Councillor A. Eek K. Christensen, Manager Human Resources Councillor D. Evans T. Hogenbirk, Manager, Engineering & Technical Services Councillor K. Ferdinands Mayor V. Hackson Councillor B. Haire Guests: Councillor B. Ward L. Nyman, Parkin Architects Limited Regional Councillor D. Wheeler B. Searle, York Regional Police B. West, York Regional Police Regrets: G. Williams, York Regional Police Councillor D. Kerwin Councillor S. Strangway Mayor A. Orsi I.DECLARATION OF PECUNIARY INTEREST None noted for the record of this meeting. II.APPROVAL OF THE AGENDA Moved by: A. Eek Seconded by: P. Craig BOD-094-14 RESOLVED THAT the content of the Agenda for the May 23, 2014 meeting of the LSRCA Board of Directors be approved as presented. CARRIED III.ADOPTION OF THE MINUTES a)Board of Directors April 25, 2014 Moved by: J. Ballinger Seconded by: D. Evans Page 289 of 489 12.c) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority -06-14 May 23, 2014 Minutes Page 2 of 7 BOD-095-14 RESOLVED -05-14 held on Friday, April 25, 2014 be approved as printed and circulated. CARRIED b)Conservation Ontario Council Meeting March 31, 2014 Moved by: D. Wheeler Seconded by: B. Drew BOD-096-14 RESOLVED THAT the minutes of Conservation Ontario Council Meeting #1/14 held on Monday, March 31, 2014 be received for information. CARRIED IV.ANNOUNCEMENTS a)Lake Simcoe Science Newsletter Chair Bath advised that Volume 6 of Lake Simcoe Science Newsletter was handed out to Board members. This edition focuses on the Phosphorus Cycle. This newsletter may be found online by clicking the following link: http://www.lsrca.on.ca/reports/science_newsletter.php b)Land Acquisition in Holland Landing General Manager, Conservation Lands, Brian Kemp was pleased to announce that LSRCA has acquired approximately 12 hectares of land in East Gwillimbury, a property that contains valley lands and straddles the north and south banks of the East Holland River and abuts the existing western boundary of the Rogers Reservoir Conservation Area. GM Kemp noted that the property is situated within the East Holland River sub-watershed and contains flood plain, portions of the East Holland River, portions of the old agricultural lands, Rare Threatened and Endangered Species including Bobolink and Eastern Meadow Lark. V.DEPUTATIONS A deputation regarding a confidential land matter was heard under Item XI, Closed Session. VI.HEARINGS There were no hearings for this meeting. VII.PRESENTATIONS a)Updates to Regulation Limit Maps Manager, Engineering & Technical Services, Tom Hogenbirk provided the Board of Directors with a presentation on proposed updates to regulation limit maps, noting that staff regularly reviews mapping to ensure it accurately reflects regulations. Staff sought the Board endorsement of the process being undertaken to update and finalize this mapping. The process includes posting updated maps to the LSRCA website and holding an information session for municipal staff in early June, followed by holding two public information sessions in late June. Page 290 of 489 12.c) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority -06-14 May 23, 2014 Minutes Page 3 of 7 Moved by: B. Drew Seconded by: E. Bull BOD-097-14 RESOLVED THAT presentation by Manager, Engineering and Technical Services, Tom Hogenbirk, regarding updates to regulation limit maps be received for information. CARRIED Manager, Engineering & Technical Services, Tom Hogenbirk, prepared Staff Report No. 36-14-BOD regarding updates to regulation limit maps, which was included in the agenda. Moved by: M. Baier Seconded by: G. Dawe BOD-098-14 RESOLVED THAT Staff Report No. 36-14-BOD regarding the Updates to Regulation Limit Maps be received for information, and; FURTHER THAT the regulation limit mapping update process is approved by the Board of Directors. CARRIED VIII.DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION The Board identified Items 4, 5, 6, 7, 8 and 9 as items requiring separate discussion. IX.ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by: D. Crake Seconded by: D. Wheeler BOD-099-14 RESOLVED THAT the following recommendations respecting the matters listed as , and staff be authorized to take all necessary action required to give effect to same. CARRIED 1.Correspondence There were no correspondence items for this meeting. 2.Budget Status Report BOD-100-14 RESOLVED THAT Report No. 37-14-BOD regarding the Authority Budget Status for the four month period ending April 30, 2014 be received for information. CARRIED 3.Approved 2014 Budget with Compensation Adjustment Roll-up BOD-101-14 RESOLVED THAT Staff Report No. 38-14-BOD regarding the Approved 2014 Budget with Compensation Adjustment Roll-up be received and approved and the revised budget financial statements be inserted into the approved 2014 budget book. CARRIED Page 291 of 489 12.c) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority -06-14 May 23, 2014 Minutes Page 4 of 7 X.CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 4.Approval of 2015 Budget Assumptions Councillor Donnell raised concerns regarding the proposed COLA and STEP rates referred to in the staff report. General Manager, Corporate & Financial Services, Jocelyn Lee, explained that the economic indicators set out by Statistics Canada forecast an overall 1% inflation rate for 2014 and 1.9% forecast for 2015. GM Lee also explained that the STEP adjustment merely moves an employee along in his/her current salary range, noting that Step 5 is the highest level in any given range. GM Lee went on to note that these recommendations keep pace with current markets, and that budgeting for a lesser amount would result in a one-time catch-up cost up in the future. Moved by: B. Haire Seconded by: D. Wheeler BOD-102-14 RESOLVED THAT Staff Report No. 39-14-BOD regarding the approval of the 2015 Budget Assumptions be received; and FURTHER THAT the recommended budget assumptions for the 2015 fiscal year as included in this Staff Report be approved. CARRIED 5.Updated LSRCA Administrative By-Laws, 2014 Regional Councillor Drew raised concern of a potential contradiction in Administrative By-Law #2, Section H, Conflict of Interest, whereby Item H-4b) states that a member who has declared a conflict of interest shall excuse himself or herself from the meeting while the matter is under consideration. However, Item H-5 appears to support the member staying in the meeting room and not participating in or voting on the matter. Board members discussed these concerns and decided that H-4b) will be revised to state that it applies to Closed Session, and H5 would remain as it is currently stated. Regional Councillor Drew noted that Administrative By-Law #2, Section H, Conflict of Interest, Item H-10 appears to be repeated in Section I, Disclosure of Pecuniary Interest, Item I-3. A discussion was held regarding whether it is necessary for LSRCA to have both Disclosure of Pecuniary Interest and Conflict of Interest in its by-laws. Staff was directed to seek clarification from legal counsel in this regard and report back to the Board of Directors. Moved by: B. Drew Seconded by: onnell BOD-103-14 RESOLVED THAT Staff Report No. 40-14-BOD regarding the updated LSRCA Administrative By-Laws be received as amended to reflect Items H-4 and H-5 in By- Law #2 be modified to adhere to the Municipal Act; and FURTHER that staff seek clarification from our lawyers regarding whether LSRCA needs to address both conflict of interest and declaration of pecuniary interest and report back to the Board. CARRIED Page 292 of 489 12.c) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority -06-14 May 23, 2014 Minutes Page 5 of 7 6.Lake Simcoe Heritage Lake Proposal a CAO Gayle Wood advised Board members festivities. Moved by: J. Ballinger Seconded by: K. Ferdinands BOD-104-14 RESOLVED THAT Staff Report No. 41-14-BOD related to the Lake Simcoe Heritage Lake Proposal be received for information. CARRIED 7.Update York Region Service Level Agreement In response to a question from Councillor Donnell, General Manager, Watershed Development, Michael Walters explained that the York Region Service Level Agreement is specific to York Region to provide services additional budget ask. GM Walters went on to note that staff believes that having dedicated staff servicing York Region will result in greater efficiencies throughout the other member municipalities. Moved by: V. Hackson Seconded by: D. Wheeler BOD-105-14 RESOLVED THAT Staff Report No. 42-14-BOD regarding an update on the status of the York Region Service Level Agreement be received for information. CARRIED 8.Scanlon Creek Conservation Area Management Plan Implementation Report In response to Councillor Eekquestion regarding if Staff keeps statistics on where visitors to Scanlon Creek Conservation Area come from, General Manager, Conservation Lands, Brian Kemp advised that surveys on this type of information are up to date as of Spring of 2014. Councillor Eek noted that she sits on King , which is looking at various ways to advertise free events in order to draw more visitors. GM Kemp noted that as acknowledged in the Staff Report, his group is aware that a marketing and communications strategy to promote this conservation area is necessary. Moved by: A. Eek Seconded by: E. Bull BOD-106-14 RESOLVED THAT Staff Report No. 43-14-BOD regarding the Scanlon Creek Conservation Area Management Plan Implementation Report (2009 2013) be received for information; and FURTHER THAT the 12 recommendations contained in the Scanlon Creek Conservation Area Management Plan Implementation Report (2009 2013) be approved. CARRIED 9.Chief Administrative Officer/Secretary-Treasurer (CAO/S-T) Recruitment Process Update CAO Gayle Wood slight overage on consulting fees for the CAO/S-T recruitment, which will be made up in other areas of budget. Page 293 of 489 12.c) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority -06-14 May 23, 2014 Minutes Page 6 of 7 Moved by: B. Drew Seconded by: G. Dawe BOD-107-14 RESOLVED THAT Staff Report No. 44-14-BOD regarding an update on the CAO/ST recruitment process be received for information. CARRIED XI.CLOSED SESSION The Board moved to Closed Session to deal with confidential human resources, land and legal matters. Moved by: P. Craig Seconded by: A. Eek BOD-108-14 RESOLVED THAT the Board move to Closed Session to deal with land, legal and human resources matters; and FURTHER THAT the Chief Administrative Officer, Members of the Executive Management Team, the Coordinator BOD/CAO, the Development Planner, and representatives from York Regional Police and Parkin Architects Limited remain in the meeting for the discussion on item a); and FURTHER THAT the Manager, Human Resources remain in the meeting for the discussion on item b); and FURTHER THAT the Chief Administrative Officer, the General Manager, Watershed Management, and the Director, Planning & Development Services remain in the meeting for the discussion on item c) CARRIED The Board rose from Closed Session and reported findings. Moved by: P. Craig Seconded by: D. Crake BOD-109-14 RESOLVED THAT the Board rise from Closed Session and report findings. CARRIED a)Confidential Land Matter Moved by: D. Wheeler Seconded by: V. Hackson BOD-110-14 RESOLVED THAT the Confidential Presentation and Staff Report No. 45-14-BOD regarding a confidential land matter be received; and FURTHER THAT the recommendations contained within the Confidential Staff Report No. 45-14-BOD be approved. CARRIED b)Confidential Human Resources Matter Moved by: B. Drew Seconded by: A. Eek BOD-111-14 RESOLVED THAT the discussion on a confidential human resources matter be received for information. CARRIED Page 294 of 489 12.c) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority -06-14 May 23, 2014 Minutes Page 7 of 7 c)Confidential Legal Matter Moved by: B. Drew Seconded by: B. Ward BOD-112-14 RESOLVED THAT Confidential Staff Report No. 46-14-BOD be received and the recommendations therein be approved. CARRIED XII.OTHER BUSINESS a)Chair Bath reminded all that the next Board of Directors` meeting will take place at the Nature Centre at the Authority`s Scanlon Creek Conservation Area. The meeting will run from 9:00 a.m. to 11:00 a.m., followed by a Lakes Simcoe, Couchiching/Black River Source Protection Authority meeting from 11:00 a.m. to 12:00 p.m. b)Chair Bath noted that there are a number of members who continue to have their Board Agenda packages couriered to them each month. In an effort to cut costs, if any members would like to print their own copy via the link provided each month, please let Trish Barnett know at t.barnett@lsrca.on.ca. c)Councillor O advised that the Annual Ontario Lumberjack Competitions will be held in Brechin th on Saturday, June 14. d)Regional Councillor Wheeler noted that the garden out front of the LSRCA Administrative Offices was in need of some attention. CAO Wood noted that the garden had recently been torn up due to the installation of the new generator and that it would be taken care of in the very near future. XIII.ADJOURNMENT The meeting was adjourned at 12:23 p.m. on a motion by J. ODonnell. ____________________________________ ____________________________________ Deputy Mayor/Regional Councillor Debbie Bath D. Gayle Wood Chair Chief Administrative Officer Page 295 of 489 12.d) Nottawasaga Valley Conservation Authority, minutes of ... NOTTAWASAGA VALLEY CONSERVATION AUTHORITY BOARD OF DIRECTORS 05/14 MINUTES Date: Friday, May 23, 2014, 2014 Time: 9:00 a.m. Present: Chair: Nina Bifolchi Town of Wasaga Beach Vice Chair: Gail Ardiel Town of the Blue Mountains Past Chair: Walter Benotto Town of Shelburne Members: Mary Brett Township of Adjala-Tosorontio Mel Coutanche Township of Oro-Medonte Dan Davidson Town of Innisfil Mike Edwards Town of Collingwood Earl Hawkins Township of Mulmur Donna Jebb Town of New Tecumseth Arif Khan City of Barrie Rob Keffer Township of Bradford West Gwillimbury Doug Lougheed Town of Innisfil Kevin Lloyd Town of Collingwood Bob Marrs Town of New Tecumseth Fred Nix Town of Mono Brent Preston Township of Clearview Perry Ritchie Township of Springwater Alicia SavageTownship of Clearview Michael Smith Township of Essa Rick Webster Township of Springwater Keith White Township of Essa Regrets: Marty Lancaster Township of Oro-Medonte Paul McQueen Municipality of Grey Highlands Percy Way Township of Amaranth George Watson Town of Wasaga Beach Darren White Township of Melanchthan STAFF: Wayne Wilson, Chief Administrative Officer/Secretary-Treasurer Sheryl Flannagan, Director of Corporate Services Heather Kepran, Communications/Public Relations Assistant Byron Wesson, Director of Land Operations and Stewardship Services Fred Dobbs, Manager of Stewardship Services Glenn Switzer, Director of Engineering and IT Dave Featherstone, Manager of Watershed Monitoring Ryan Post, Hydrogeologist/Source Protection Coordinator Recorder: Laurie Barron, Executive Assistant Page 296 of 489 12.d) Nottawasaga Valley Conservation Authority, minutes of ... BOARD OF DIRECTORS MINUTES MEETING No: 05-14 23 May, 2014 Page 2 of 6 1.CALL TO ORDER Chair Bifolchi called the meeting to order at 9:00 a.m. 2.MOTION TO ADOPT AGENDA RES#1 MOVED BY: Donna Jebb SECONDED BY: Doug Lougheed RESOLVED THAT: The Agenda for Board of Directors Meeting #05/14 dated 23 May, 2014 be adopted. Carried; 3.PECUNIARY INTEREST DECLARATION None declared 4.MINUTES Minutes of the Board of Directors Meeting 04/14 dated 25 April, 2014 RES#2 MOVED BY: Donna Jebb SECONDED BY: Doug Lougheed RESOLVED THAT: the Minutes of the Board of Directors Meeting 04/14 dated 25April, 2014 be approved. Carried; 5.BUSINESS ARISING FROM MINUTES None noted 6.REPORT OF THE DIRECTOR OF LAND OPERATIONS AND STEWARDSHIP SERVICES 6.1Board Meeting Location Alternatives RES#3 MOVED BY: Doug Lougheed SECONDED BY: Donna Jebb RESOLVED THAT: the Board of Directors endorse the relocation of NVCA Board for the months of June meetings to the Utopia Hall, 8396 6th Line, Utopia, Ontario through to October; and THAT:staff be directed to work with the owners of the Utopia Hall to ensure a cost effective and sustainable transition. Carried; 6.2Lake Simcoe south/east Georgian Bay Cleanup fund projects RES#4 MOVED BY: Donna Jebb SECONDED BY: Doug Lougheed RESOLVED THAT: the NVCA enter into 3 funding agreements with Environment Canada under the Lake Simcoe Georgian Bay Clean-up Fund to receive a total of $1,086,110. over 3 years for the delivery of 3 proposed water quality improvement projects titled “Healthy Waters from Brook to Bay”, “Nottawasaga Watershed Improvement Program” and “Innisfil Creek and Upper Nottawasaga Watershed Improvement Program”; and THAT: the CAO/Secretary Treasurer be authorized to sign the project agreement on behalf of the NVCA. Carried; Page 297 of 489 12.d) Nottawasaga Valley Conservation Authority, minutes of ... BOARD OF DIRECTORS MINUTES MEETING No: 05-14 23 May, 2014 Page 3 of 6 RES#5 MOVED BY: Doug Lougheed SECONDED BY: Donna Jebb RESOLVED THAT: the NVCA enter into a funding agreement with the Ontario Ministry of the Environment and Ontario Ministry of Agriculture and Food, to act as recipient for a $25,000. provincial grant under the Great Lakes Guardian Fund, that would be used to support bank stabilization/habitat improvement works on Black Ash Creek and the Pretty River in Collingwood in 2014-2015; and THAT: the CAO/Secretary Treasurer be authorized to sign the project agreement on behalf of the NVCA. Carried; 7. REPORT OF THE DIRECTOR OF PLANNING AND THE SENIOR ENVIRONMENTAL OFFICER 7.1 Permits issued by staff for the period April 16 to May 12, 2014 RES#6 MOVED BY: Bob Marrs SECONDED BY: Donna Jebb RESOLVED THAT: the permits issued by staff for the period April 16, 2014 to May 12, 2014 be received. Carried; 8.REPORT OF THE MANAGER OF WATERSHED MONITORING, FRIENDS OF MINESING WETLANDS AND THE DIRECTOR OF ENGINEERING 8.160 years of forest change in the Minesing Wetlands (1953-2013) Causal factors, ecological implications and recommendations for reforestation media or public outreach RES#7 MOVED BY: Bob Marrs SECONDED BY: Donna Jebb RESOLVED THAT: the Board of Directors receive the report “60 Years of Forest Change in the Minesing Wetlands”; and THAT: recommendations from the report be discussed during the 2015-2017 NVCA Business Plan process and 2015 Budget for board consideration at that time. Tabled; To be brought back to the August or September board meeting. 9.REPORT OF THE HYRDROGEOLOGIST/SOURCE WATER PROTECTION COORDINATOR AND THE DIRECTOR OF ENGINEERING 9.1Proposed agreement with Bonnefield Canada Farmland LP III for the purpose of the inclusion of three monitoring wells into the Provincial Groundwater Monitoring Network Program. RES#8 MOVED BY: Bob Marrs SECONDED BY: Donna Jebb BE IT RESOLVED: that the NVCA Board of Directors authorize the CAO/Secretary-Treasurer to enter into a landowner agreement with Bonnefield Canada Farmland LP III by its general partner, Bonnefield GP III Inc. for the purpose of the inclusion of three monitoring wells into the NVCA Provincial Groundwater Monitoring Network. Carried; Page 298 of 489 12.d) Nottawasaga Valley Conservation Authority, minutes of ... BOARD OF DIRECTORS MINUTES MEETING No: 05-14 23 May, 2014 Page 4 of 6 10.REPORT OF THE DIRECTOR OF CORPORATE SERVICES AND THE COMMUNICATIONS/PUBLIC RELATIONS PROGRAM COORDINATOR 10.1Communications/PR Report for April 16 to May 13, 2014 RES#9 MOVED BY: Bob Marrs SECONDED BY: Donna Jebb RESOLVED THAT: The Communications report for April 16 to May 13, 2014 be received. Carried; 10.2International Plowing Match 2014 RES#10 MOVED BY: Bob Marrs SECONDED BY: Donna Jebb WHEREAS: The 2014 International Plowing Match (IPM) and Rural Expo is being held in Ivy, Simcoe County, from September 16 to 20, 2014; and WHEREAS: The 2014 IPM offers the NVCA an opportunity to speak directly with thousands of residents and students about the importance of healthy waterways and the role of the authority in protecting and enhancing a sustainable watershed; and WHEREAS: the Board of Directors endorsed the NVCA’s participation in the 2014 IPM at their June 2013 meeting; and WHEREAS: the Board endorsed the creation of an IPM Ad-hoc Committee and directed that committee to report to the Board with an associated budget request; therefore BE IT RESOLVED: the NVCA Board of Directors allocate $1,000 from the Environmental Education Reserve and up to $8,000 from the Capital Repair and Replacement Reserve to support the NVCA, Simcoe County & IPM Education Initiative for the purchase of materials and staffing at the 2014 IPM. Carried; 11. REPORT OF THE FINANCE ADMINISTRATIVE COORDINATOR AND THE CAO/SECRETARY-TREASURER Financial Activity Report Summary to April 30, 2014 a) Accounts Receivable Summary as at April 30, 2014 RES#11 MOVED BY: Mary Brett SECONDED BY: Perry Ritchie RESOLVED THAT: The Chair be authorized to approve the Accounts Receivable as at April 30, 2014 in the amount of $2,071,221.59 including Planning items of $526,723.00 Carried; Page 299 of 489 12.d) Nottawasaga Valley Conservation Authority, minutes of ... BOARD OF DIRECTORS MINUTES MEETING No: 05-14 23 May, 2014 Page 5 of 6 b) Summary of Disbursements for the month of April 2014 RES#12 MOVED BY: Perry Ritchie SECONDED BY: Mary Brett RESOLVED THAT: The Chair be authorized to approve disbursements as at April 30, 2014 in the sum of $434,033.79 including wages (net of withholdings) of $133,214.04 Carried; c) Statement of Operations for Period Ending April 30, 2014 RES#13 MOVED BY: Mary Brett SECONDED BY: Perry Ritchie RESOLVED THAT: The Unaudited Combined Statement of Operations Program Summary as March 31, 2014 be received. Carried; 12. CORRESPONDENCE a) Environment Canada, Lake Simcoe/Georgian Bay clean-up funding, dated April 7/14 re: development of a Nottawasaga River watershed phosphorus management tool – project proposal denied funding. RES#14 MOVED BY: Rick Webster SECONDED BY: Earl Hawkins RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; 13.IN CAMERA RES#15 MOVED BY: Earl Hawkins SECONDED BY: R. Webster RESOLVED THAT: This meeting of the Board of Directors No. 05-14 go “In- Camera” at 9:56 a.m. to address matters pertaining to: litigation or potential litigation, including matters before administrative tribunals, affecting the Authority; and THAT: the following staff be present: Wayne Wilson, Chief Administrative Officer and Chris Hibberd, Director of Planning. Wayne Wilson, Chief Administrative Officer and Chris Hibberd, Director of Planning were directed to leave the meeting before the next matter was heard. personal matters about an identifiable individual, including Authority staff; and THAT: the following staff be present: Sheryl Flannagan, Director of Corporate Services. Carried; Page 300 of 489 12.d) Nottawasaga Valley Conservation Authority, minutes of ... BOARD OF DIRECTORS MINUTES MEETING No: 05-14 23 May, 2014 Page 6 of 6 The following members left the in-camera session 10:52 a.m. – Mike Edwards, Town of Collingwood 12:50 p.m. – Dan Davidson, Town of Innisfil 12:56 p.m. – Perry Ritchie, Township of Springwater 1:05 p.m. – Earl Hawkins, Township of Mulmur 1:07 p.m. – Fred Nix, Town of Mono OUT OF IN CAMERA RES#16 MOVED BY: Rick Webster SECONDED BY: Gail Ardiel RESOLVED THAT: This meeting of the Board of Directors No. 05/14 come out of in-camera at 1:22 p.m. and report. Carried; RES#16a MOVED BY: Alicia Savage SECONDED BY: Walter Benotto RESOLVED THAT: Gazda, Houlne and Associates report be received for information. Carried; FUTURE MEETINGS: Date:June 27/14 Time: 8:30 a.m. Nottawasaga Valley Source Protection Authority (8:30 a.m.) NVCA Board of Directors (9:00 a.m. to 1:00 p.m.) ADJOURN RES#17 MOVED BY: Walter Benotto SECONDED BY: Alicia Savage RESOLVED THAT: this meeting adjourn at 1:23 p.m. to meet again at the call of the chair. Carried; ____________________ _______________________________ Chair Nina Bifolchi Wayne Wilson, CAO/Secretary-Treasurer Approved on this _________ day of _________, 2014 Page 301 of 489 12.d) Nottawasaga Valley Conservation Authority, minutes of ... HIGHLIGHTS of the NVCA BOARD OF DIRECTORS MEETINGS No. 06/14 June 27, 2014 Revised Source Protection Plan endorsed by NVSPA The NVCA Board met at the Nottawasaga Valley Source Protection Authority (NVSPA) prior to the board meeting. As the NVSPA, they approved a revised Source Protection Plan for South Georgian Bay- Lake Simcoe to be submitted to the Ministry of the Environment. The revised plan addresses comments from the Ministry and changes to water quantity policiessince the plan was first submitted in 2012. It also incorporates comments received during consultation on the revisions. The revised Source Protection Plan was not substantially changed from the first draft, and the NVSPA unanimously approved its submission to the Ministry. Tornado damage at Tiffin Centre The board learned the extent of the damage suffered at the Tiffin Centre for Conservation as a result of an EF-2 tornado that hit the property on June 17. In total, 12 acres of forested land were affected and 13 outbuildings were either destroyed or sustained damage, among them the storage shed and tent platforms at the group campground, the Sugar Shack, and the Rotary gazebo and skating shed. The hydro line entering the property was destroyed. This line is crucial to operations at the Tiffin Centre as it powers the well pump that allows for clean, running water in the administration and education buildings. (Photos of the damage follow.) The torrential rains on June 24 exacerbated the problems, causing further damage to the berm between Papa and Mama Bear ponds. The berm had been compromised by the tornado and heavy equipment crossing to clear storm debris. Although the tornado significantly damaged the property, the office and Tiffin Conservation Area were closed to the public for just one day. Trail use at Tiffin remains limited as the clean-up continues. er to remove debris in a safe and cost efficient manner. The board authorized the release of funds disaster relief funds. Further, the board agreed to take the opportunity to replace the overhead power supply with an underground power supply, reducing future maintenance costs and service interruptions. NVCA Board Meeting Highlights No. 06/14 June 27, 2014 1 of 3 Page 302 of 489 12.d) Nottawasaga Valley Conservation Authority, minutes of ... NVCA Board directs staff to ensure Midhurst development meets high standards NVCA has been one of a number of parties involved in an Ontario Municipal Board (OMB) hearing regarding development in the Village of Midhurst. After receiving an update on the hearing, the NVCA board directed staff to continue working with the County of Simcoe, Township of Springwater, development applicants and legal advisors to ensure that the Midhurst Draft Plan of Subdivision is consistent with provincial and municipal planning guidelines, and NVCA strategic plan, development review guidelines and technical standards. Once NVCA receives technical and planning documentation adequately , the board authorized the Chair and the CAO/Secretary-Treasurer to sign the minutes of settlement. For more information: Wayne Wilson, CAO/Secretary-Treasurer (705) 424-1479 ext. 225 or wwilson@nvca.on.ca For the full meeting agenda including documents and reports, visit the NVCA website at www.nvca.on.ca/about/boardofdirectors. Future meetings & events: July 3 Workshop on Wetland July 18 Special Session, NVCA Board of Conservation (with Ducks Unlimited, Directors (Angus Recreation Centre) Tiffin Centre) July 19 Paddle the Nottawasaga River July 5 Pine River Restoration Work Day (Wasaga Beach) (Angus) August 8 July 7 Beeton Creek Restoration Field Willow Creek Restoration Work Day Trip (organized by Society of Ecological (with Nature Conservancy of Canada, Restoration of Ontario, New Minesing) Tecumseth) August 22 NVCA Board of Directors Meeting (Utopia Hall, Utopia) NVCA Board Meeting Highlights No. 06/14 June 27, 2014 2 of 3 Page 303 of 489 12.d) Nottawasaga Valley Conservation Authority, minutes of ... Photos of Tornado Damage to the Tiffin Centre for Conservation (June 17, 2014) Downed hydro line and transformer. Rotary Gazebo destroyed. Damage to trails across the property. Sugar Shack damaged. Group campsite significant tree loss and Logs from downed trees. Much of the wood is being damage to storage shed. recovered to help offset clean-up costs. NVCA Board Meeting Highlights No. 06/14 June 27, 2014 3 of 3 Page 304 of 489 12.e) Correspondence dated June 26, 2014 from Canadian Solar... Page 305 of 489 12.e) Correspondence dated June 26, 2014 from Canadian Solar... Page 306 of 489 12.e) Correspondence dated June 26, 2014 from Canadian Solar... Page 307 of 489 12.f) Minutes of Midland Public Library Board meeting held o... Page 308 of 489 12.f) Minutes of Midland Public Library Board meeting held o... Page 309 of 489 12.f) Minutes of Midland Public Library Board meeting held o... Page 310 of 489 12.f) Minutes of Midland Public Library Board meeting held o... Page 311 of 489 12.f) Minutes of Midland Public Library Board meeting held o... Page 312 of 489 12.g) Correspondence dated July 4, 2014 from Sharon Goerke, ... Page 313 of 489 12.g) Correspondence dated July 4, 2014 from Sharon Goerke, ... Page 314 of 489 13.a) Correspondence dated June 18, 2014 from Bruce Stanton,... Page 315 of 489 13.a) Correspondence dated June 18, 2014 from Bruce Stanton,... Page 316 of 489 13.a) Correspondence dated June 18, 2014 from Bruce Stanton,... Page 317 of 489 13.a) Correspondence dated June 18, 2014 from Bruce Stanton,... Page 318 of 489 Countdown to Conference 13.b) Association of Municipalities of Ontario (AMO), 2014 A... Page 319 of 489 13.b) Association of Municipalities of Ontario (AMO), 2014 A... Page 320 of 489 13.c) Correspondence received July 2, 2014 from William and ... From: william groves Sent: Wednesday, July 2, 2014 3:38 PM To: Fax Repository Subject: repairs to Scarlett Line Members of Council, For the past several years, the township has continually filled the pot holes on the hill approaching the intersection of Scarlett Line and County Rd. 19 (Moonstone Rd.). As a result this section of Scarlett Line is nothing but patches and there is not the smallest section of roadway that is even remotely smooth. We live on Scarlett Line (just south of Craig Side Rd.) and I have just spent $400.00 on repairs to the front axle of my car. We use the Scarlett Line/County Rd. 19 several times a week on our way to Midland, Elmvale and Wasaga Beach. When I returned from getting my car repaired this afternoon I came from County Rd. 93, turned on County Rd. 19, went passed Scarlett Line to Line 2/Craig Side Rd. to Scarlett Line as I am now refusing to use the hill on Scarlett Line. I sincerely hope Council will have someone inspect this section of Scarlett Line so that it may be added to the Township’s list of roads to be repaired. Thank you, Annabelle Groves Page 321 of 489 13.d) Correspondence dated July 7, 2014 from Hildegard Warke... Page 322 of 489 13.d) Correspondence dated July 7, 2014 from Hildegard Warke... Page 323 of 489 13.e) Correspondence dated July 6, 2014 from Dr. Angelo Iocc... Page 324 of 489 13.e) Correspondence dated July 6, 2014 from Dr. Angelo Iocc... Page 325 of 489 13.e) Correspondence dated July 6, 2014 from Dr. Angelo Iocc... Page 326 of 489 13.f) Correspondence dated July 7, 2014 from Gord & Dayna Sh... Page 327 of 489 13.f) Correspondence dated July 7, 2014 from Gord & Dayna Sh... Page 328 of 489 13.f) Correspondence dated July 7, 2014 from Gord & Dayna Sh... Page 329 of 489 13.g) Correspondence dated July 8, 2014 from Nora Gavarre re... Page 330 of 489 13.g) Correspondence dated July 8, 2014 from Nora Gavarre re... Page 331 of 489 15.a) By-Law No. 2014-094:  A By-Law to Amend By-law No. 201... The Corporation of the Township of Oro-Medonte By-law No. 2014-094 A By-law to Amend By-law No. 2014-012, “A By-law of The Corporation of the Township of Oro-Medonte to provide for the imposition of fees or charges (Fees and Charges By-law) Whereas Section 8 of the Municipal Act,2001, S.O. 2001, c. 25, as amended provides the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues; And Whereas Section 9 of the Municipal Act,2001, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; And Whereas Part XII, Section 391(1) of the Municipal Act,2001, S.O. 2001, c. 25, as amended, authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by or on behalf of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and for the use of its property including property under its control; And Whereas Section 110 of the Municipal Act,2001, S.O. 2001, c. 25, as amended, provides that a municipality may enter into agreements for the provision of municipal capital facilities by any person and may pass by-laws to enter into agreements relating thereto; And Whereas The Corporation of the Township off Oro-Medonte has entered into such an agreement with Skyline Utility Services Inc. in regards to the Horseshoe Valley Resort Waste Water Treatment Plant, pursuant to By-law No. 2014-075, that is owned and operated by Skyline Utility Services Inc.; And Whereas th Council of the Township of Oro-Medonte did, on the 5 day of February 2014, enact By-law No. 2014-012 to provide for the imposition of fees or charges; And Whereas Council deems it necessary to amend By-law No. 2014-012; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Section 2 of By-law No. 2014-012 be amended by adding: “Schedule K Waste Water Treatment” 2. That Sections 4 and 5 of By-law No. 2014-012 be amended by replacing “Schedules “A” to and including “J”” with “Schedules “A” to and including “K””. 3. That Appendix “A” – entitled “Schedule “K” to By-law No. 2014-012 – Waste Water Treatment” attached hereto and forming part of this by-law be added to By-law No. 2014-012. 4. That Section 3 of Schedule “G” to By-law No. 2014-012 and Section 2.5 of Schedule “J” to By-law No. 2014-012 be amended by replacing “Oro-Medonte Administration Office, 148 Line 7 South, Box 100, Oro, Ontario L0L 2X0” with “Oro-Medonte Administration Centre, 148 Line 7 South, Oro-Medonte, Ontario L0L 2E0”. Page 332 of 489 15.a) By-Law No. 2014-094:  A By-Law to Amend By-law No. 201... 5. That Section 3 of Schedule “G” to By-law No. 2014-012 and Section 2.5 of Schedule “J” to By-law No. 2014-012 be amended by replacing “Administration Office” with “Administration Centre”. 6. This by-law shall take effect on July 1, 2014. th By-law read a First, Second time, this 18 Day of June, 2014 By-Law read a Third time, and Passed this _____ day of _________, 2014. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 333 of 489 15.a) By-Law No. 2014-094:  A By-Law to Amend By-law No. 201... Appendix “A” to By-law No. 2014-094 Schedule “K” to By-law No. 2014-012 Waste Water Treatment 1. An annual waste water treatment services charge, as specified below, shall be imposed per unit upon those lands more particularly described in Schedule “A” of By-law No. 2014-075, being the Horseshoe Valley Resort Waste Water Treatment Plan Municipal Capital Facility By-law, an agreement between The Corporation of the Township off Oro-Medonte and Skyline Utility Services Inc. The said charge will be comprised of the following components: a) Annual Waste Water Treatment Plan (WWTP) $ 904.43 operating costs b) Recovery of immediately-required maintenance $ 266.50 and repair of the WWTP c) Reserve fund contribution for future upgrades, $ 113.38 improvements, repairs and maintenance d) Township administrative costs $ 41.81 Total Annual Charge $ 1,326.12 Quarterly Charge $ 331.53 The above charge includes all applicable taxes, unless otherwise specified. 2. The Treasurer shall, for each calendar quarter, issue bills to each applicable land for the applicable number of units based on the above waste water treatment services charge. Bills shall be due and payable not less than twenty one (21) days from the date of mailing. 3. Waste water treatment services charge bill payments shall be payable to The Corporation of the Township of Oro-Medonte and may be paid during office hours in person or by mail at the Oro-Medonte Administration Centre, 148 Line 7 South, Oro-Medonte, Ontario L0L 2E0, or at most financial institutions. Payments made at a financial institution shall be deemed to be paid on the date shown by the Teller’s stamp on the bill stub. The Township shall not be responsible for any applicable service charges payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Centre and Moonstone Fire Hall. 4. The Treasurer shall impose a five (5) percent late charge on all unpaid accounts on the day after the due date. 5. If an account remains unpaid, the municipality may collect amounts payable pursuant to Section 398(2) of the Municipal Act, 2001, c.25, as amended. Page 334 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... The Corporation of the Township of Oro-Medonte By-law No. 2014-097 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Peter and Georgina Vasey described as lands as follows: Concession 1 Part Lot 40 (Vespra) Township of Oro-Medonte 2101 Horseshoe Valley Road 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: That 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; That 2. 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; That 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; That 4. this By-Law shall take effect on the final passing thereof. th Bylaw read a first, second and third time, and passed this 16 day of July, 2014. The Corporation of the Township of Oro-Mrdonte ______________________________ Mayor, H.S. Hughes ______________________________ Clerk, J. Douglas Irwin Page 335 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... APPENDIX “A” SITE PLAN AGREEMENT - between - Peter & Georgina Vasey. - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS 2101 Horseshoe Valley Road Concession 1 Part Lot 40 (Vespra) former Township of Oro 4346-040-010-22200 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE July 16, 2014 By-Law No. 2014-097 Page 336 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... 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 337 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... SITE PLAN CONTROL AGREEMENT th day of July, 2014, in accordance with Section This Agreement made, in triplicate, this 16 41 of the Planning Act. B E T W E E N : Peter Vasey and Georgina Vasey. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit the conversion of an existing building from a church to retail uses 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 subject to "Site Plan Control"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 338 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... 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 and the Ministry of the Environment. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000 The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner shall have delivered to the County of Simcoe, 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 County with good title, free and clear from all encumbrances. i) 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, if applicable. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a retail use on 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 4 Page 339 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... 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 drawing dated February, 2014, by Pearson Engineering attached hereto as Schedule “B”. Only the buildings and structures as identified on Schedule “B” shall be permitted on site. 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 Township of Oro-Medonte. d) Outside Storage No outside storage of any materials or supplies shall be permitted between any buildings on the premises and any street, unless specifically identified on Schedule “B”. e) 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. 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 5 Page 340 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule “D” of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 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. 6 Page 341 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) ) __________________________ ) Peter Vasey ) ) Owner ) )__________________________ ) Georgina Vasey ) ) Owner ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 342 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... 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 Peter and Georgina Vasey LEGAL DESCRIPTION OF LANDS PIN 58364-0058 LT PT LT 40 CON 1 VESPRA AS IN VE 5192 & VE 5227 ORO-MEDONTE 2101 HORSESHOE VALLEY ROAD 4346-040-010-22200 8 Page 343 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... 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 Peter and Georgina Vasey. SITE PLAN Site Plan of 2201 Horseshoe Valley Road, dated February, 2014, is not in a registerable form and is available from the Township of Oro-Medonte. 2101 Horseshoe Valley Road Oro – Medonte Site Grading Plan, Drawn by Pearson Engineering, February, 2014 9 Page 344 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... 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 Peter and Georgina Vasey. 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. Two Dollars ($2.00) The consideration for all conveyances shall be the sum of 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 LANDS TO BE CONVEYED TO THE COUNTY OF SIMCOE N/A 3.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 Page 345 of 489 15.b) By-Law No. 2014-097:  A By-Law to Authorize the Execut... 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 Peter and Georgina Vasey. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE 2101 Horseshoe Valley Rd- Oro Septic System $7,700.00 Well (Fresh Water) $7,500.00 Grading $1,500.00 Asphalt Drive Way $7,000.00 Landscaping $500.00 Bollards $500.00 Sub $24,700.00 HST $3,211.00 Total$27,911.00 2. LETTER OF CREDIT AMOUNT $ $27,911.00 Security to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 346 of 489 15.c) By-Law No. 2014-099:  A By-Law to amend the zoning of ... The Corporation of the Township Of Oro-Medonte By- Law No. 2014-99 A By-law to amend the zoning provisions which apply to lands at 696 15/16 Sideroad East Concession 9, Lot 15 Township of Oro-Medonte (May Family Holdings, 2014-ZBA-10) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands from Agricultural/Rural (A/RU) Zone to a Rural Residential Two (RUR2) Zone to fulfil a condition of Severance Application 2013-B-16 . Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule ‘A13’ to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located at 696 15/16 Sideroad East Concession 9, Lot 15 Township of Oro-Medonte, from Agricultural Rural (A/RU) Zone to a Rural Residential Two (RUR2) Zone, as shown on Schedule A attached and forming part of this By-law. By-Law read a First, Second and Third Time, and Passed this 16th Day of July, 2014. The Corporation of The Township Of Oro-Medonte ______________________________ Mayor, H.S. Hughes ______________________________ Clerk, J. Douglas Irwin Page 347 of 489 15.c) By-Law No. 2014-099:  A By-Law to amend the zoning of ... Schedule “A” To By-law No. 2014-099 for The Corporation of the Township of Oro-Medonte Lands to be rezoned from Agricultural/Rural (A/RU) Zone to Rural Residential Two (RUR2) Zone Mayor ____________________ H.S. Hughes Clerk ____________________ J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE (FILE 2014-ZBA-10) Page 348 of 489 15.d) By-Law No. 2014-101:  A By-Law to Establish a Complian... The Corporation of the Township of Oro-Medonte By-Law No. 2014-101 A By-law to Establish a Compliance Audit Committee for the Term of Council 2014-2018 and Appoint Committee Members as Required under the Municipal Elections Act, 1996, as amended Whereas Section 81.1 of the Municipal Elections Act, 1996, as amended, provides that st a Council or Local Board shall, before October 1 of an election year, establish a Committee for the purposes of Section 81 of the Act; And Whereas the Committee shall be composed of not fewer than three and not more than seven members and shall not include: employees or officers of the municipality or local board; members of the council or local board; or any persons who are candidates in the election for which the Committee is established; And Whereas the term of office of the Committee is the same as the term of office of the council or local board that takes office following the next regular election; And Whereas the Councils of the Corporations of the Township of Oro-Medonte and The Township of Springwater have agreed to establish a Compliance Audit Committee in compliance with Section 81.1 of the Act; And Whereas the Council of The Corporation of the Township of Oro-Medonte passed Motion No C140514-13 at its May 14, 2014 Council meeting to appoint Robert Barlow and George Wodoslawsky as the Township of Oro-Medonte’s Committee representatives; And Whereas the Council of The Corporation of The Township of Springwater passed Motion No. C 158 2014, at its May 20, 2014 meeting to appoint Colin McLarty as the Township of Springwater’s Committee representative; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That a Compliance Audit Committee (2014-2018) made up of members from the Township of Oro-Medonte and the Township of Springwater is hereby established. 2. That the members appointed to the Compliance Audit Committee shall be those members indicated on Schedule “A” attached hereto and forming part of this by-law. 3. That the Terms of Reference for the Compliance Audit Committee shall be Schedule “B” attached hereto and forming part of this by-law. 4. And That this By-law shall come into force and effect on the date of passing thereof. th By-Law Read a First, Second and Third Time, and Passed this 16 day of July, 2014. The Corporation of The Township of Oro-Medonte __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 349 of 489 15.d) By-Law No. 2014-101:  A By-Law to Establish a Complian... Schedule “A” to By-Law No. 2014-101 Compliance Audit Committee Appointed Members Township of Oro-Medonte Robert Barlow George Wodoslawsky Township of Springwater Colin McLarty Page 350 of 489 15.d) By-Law No. 2014-101:  A By-Law to Establish a Complian... Schedule “B” to By-Law No. 2014-101 Compliance Audit Committee Terms of Reference 1. Background Pursuant to Section 81.1(1) of the Municipal Elections Act, 1996, as amended, the Townships of Oro-Medonte and Springwater established a Compliance Audit Committee by way of appointment from the respective Councils. In accordance with Section 81.1(4) of the Municipal Elections Act, 1996, the following has been established to enable the Compliance Audit Committee to fulfill its duties in a fair, open and responsible manner. 2. Name The name of the Committee is “Compliance Audit Committee” (“Committee”) consisting of the following municipalities: Township of Oro-Medonte; Township of Springwater. 3. Duration The term of office for the Committee is from December 1, 2014 to November 30, 2018 (same as the term of office of Council). 4. Mandate The powers and functions of the Committeeare set out in Sections 81 and 81.1 of the Municipal Elections Act, 1996, as amended (Appendix “1”). The Committeewill perform the functions relating to the compliance audit application process as outlined in the Act. These functions include, but not limited to: a) within 30 days receipt of a compliance audit application by an elector, consider the application and decide whether it should be granted or rejected; b) appoint a licensed auditor, if the application is granted; c) receive the auditor’s report; d) within 30 days receipt of the auditor’s report, consider the report; e) if the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, commence legal proceedings against the candidate for the apparent contravention; f) if the report concludes that the candidate does not appear to have contravened a provision of the Act relating to election campaign finances and the Committee finds that there were no reasonable grounds for the application, Council may recover the auditors costs from the applicant. 5. Membership The Committee will be composed of three (3) members. The following are excluded from being members of the Committee: Candidates in the municipal election for which the Committee is established; Council or Local Board Members; and Municipal Employees and Officers. Where a member ceases to be a member before the expiration of his or her term, Council may appoint another eligible person for the unexpired portion of the term. Page 351 of 489 15.d) By-Law No. 2014-101:  A By-Law to Establish a Complian... 6. Chair The Committee will select a Chair from amongst its members at its first meeting when a compliance audit application is received. The Chair is the liaison between the members and the Secretary of the Committee on matters of policy and process. The Chair shall enforce the observance of order and decorum among the Committee members and the public at all meetings. When the Chair is absent, the Committee may appoint another member as Acting Chair. While presiding, the Acting Chair shall have all the powers of the Chair. 7. Meetings Meetings of the Committee will be conducted in accordance with the open meeting requirements of the provisions of the Municipal Act, 2001, subject to any need to meet in closed session for a purpose authorized by Section 239 of the Municipal Act, 2001 and the provisions of the Townships’ respective Procedural By-Laws. The date and time of meetings will be communicated by the Clerk to the Committee members. Subsequent meetings will be held at the call of the Chair in consultation with the Clerk. Committee activity shall be determined primarily by the number and complexity of applications for compliance audits that may be received. The frequency and duration of meetings will be determined by the Committee in consultation with the Clerk. The Committee shall meet at the location, determined by the Clerk, of the respective municipality requiring the services of the Committee. The Order of Business for the Agenda may be as follows a) Call the Meeting to Order b) Appoint a Chair (if required) c) Disclose any Conflict(s) of Interest d) Matters of Business Opening Statement Delegation – Applicant, Agent Delegation – Candidate, Agent, Witness Report – Auditors (where applicable) Committee Deliberation e) Adjournment Both municipal websites will be utilized to communicate the meeting notices and agendas. 8. Quorum Quorum for meetings shall consist of a majority of the members of the Committee. If no quorum is present thirty (30) minutes after the time appointed for the meeting, the Clerk shall record the names of the members present and the meeting shall stand adjourned until the date of the next meeting. Page 352 of 489 15.d) By-Law No. 2014-101:  A By-Law to Establish a Complian... 9. Conflict of Interest The principles of the Municipal Conflict of Interest Act, apply to this Committee. To avoid any potential conflict of interest, committee members shall not offer their services to any municipal election candidates. Members shall be cognizant of potential conflicts of interest and must perform their functions fairly and impartially. Failure to adhere to these requirements will result in the individual being removed from the Committee. 10. Staffing and Remuneration The Clerk from the respective municipality requiring the services of the Committee shall act as Secretary to the Committee. The municipality requiring the services of the Committee shall be responsible for all associated costs. Members of the Committee shall be paid an honorarium of $80 per meeting, plus mileage at the current mileage rate established by the respective municipality. The Clerk of the respective municipality may develop additional administrative practices and procedures, as may be required. Page 353 of 489 15.d) By-Law No. 2014-101:  A By-Law to Establish a Complian... Appendix “1” to Compliance Audit Committee Terms of Reference Compliance audit Application 81. (1) An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate’s election campaign finances. 2009, c. 33, Sched. 21, s. 8 (44). Requirements (2) An application for a compliance audit shall be made to the clerk of the municipality or the secretary of the local board for which the candidate was nominated for office; and it shall be in writing and shall set out the reasons for the elector’s belief. 2009, c. 33, Sched. 21, s. 8 (44). Deadline (3) The application must be made within 90 days after the latest of, (a) the filing date under section 78; (b) the candidate’s supplementary filing date, if any, under section 78; (c) the filing date for the final financial statement under section 79.1; or (d) the date on which the candidate’s extension, if any, under subsection 80 (4) expires. 2009, c. 33, Sched. 21, s. 8 (44). Application to be forwarded to committee (4) Within 10 days after receiving the application, the clerk of the municipality or the secretary of the local board, as the case may be, shall forward the application to the compliance audit committee established under section 81.1 and provide a copy of the application to the council or local board. 2009, c. 33, Sched. 21, s. 8 (44). Decision (5) Within 30 days after receiving the application, the committee shall consider the application and decide whether it should be granted or rejected. 2009, c. 33, Sched. 21, s. 8 (44). Appeal (6) The decision of the committee may be appealed to the Ontario Court of Justice within 15 days after the decision is made and the court may make any decision the committee could have made. 2009, c. 33, Sched. 21, s. 8 (44). Appointment of auditor (7) If the committee decides under subsection (5) to grant the application, it shall appoint an auditor to conduct a compliance audit of the candidate’s election campaign finances. 2009, c. 33, Sched. 21, s. 8 (44). Same (8) Only auditors licensed under the Public Accounting Act, 2004 or prescribed persons are eligible to be appointed under subsection (7). 2009, c. 33, Sched. 21, s. 8 (44). Duty of auditor (9) The auditor shall promptly conduct an audit of the candidate’s election campaign finances to determine whether he or she has complied with the provisions of this Act relating to election campaign finances and shall prepare a report outlining any apparent contravention by the candidate. 2009, c. 33, Sched. 21, s. 8 (44). Who receives report (10) The auditor shall submit the report to, (a) the candidate; (b) the council or local board, as the case may be; (c) the clerk with whom the candidate filed his or her nomination; (d) the secretary of the local board, if applicable; and (e) the applicant. 2009, c. 33, Sched. 21, s. 8 (44). Report to be forwarded to committee (11) Within 10 days after receiving the report, the clerk of the municipality or the secretary of the local board shall forward the report to the compliance audit committee. 2009, c. 33, Sched. 21, s. 8 (44). Powers of auditor (12) For the purpose of the audit, the auditor, (a) is entitled to have access, at all reasonable hours, to all relevant books, papers, documents or things of the candidate and of the municipality or local board; and Page 354 of 489 15.d) By-Law No. 2014-101:  A By-Law to Establish a Complian... (b) has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the audit as if it were an inquiry under that Act. 2009, c. 33, Sched. 21, s. 8 (44). Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed and the following substituted: (b) has the powers set out in section 34 of the Public Inquiries Act, 2009 and section 34 applies to the audit. See: 2009, c. 33, Sched. 21, ss. 8 (45), 13 (2). Costs (13) The municipality or local board shall pay the auditor’s costs of performing the audit. 2009, c. 33, Sched. 21, s. 8 (44). Power of committee (14) The committee shall consider the report within 30 days after receiving it and may, (a) if the report concludes that the candidate appears to have contravened a provision of this Act relating to election campaign finances, commence a legal proceeding against the candidate for the apparent contravention; (b) if the report concludes that the candidate does not appear to have contravened a provision of this Act relating to election campaign finances, make a finding as to whether there were reasonable grounds for the application. 2009, c. 33, Sched. 21, s. 8 (44). Recovery of costs (15) If the report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, the council or local board is entitled to recover the auditor’s costs from the applicant. 2009, c. 33, Sched. 21, s. 8 (44). Immunity (16) No action or other proceeding for damages shall be instituted against an auditor appointed under subsection (7) for any act done in good faith in the execution or intended execution of the audit or for any alleged neglect or default in its execution in good faith. 2009, c. 33, Sched. 21, s. 8 (44). Saving provision (17) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to election campaign finances. 2009, c. 33, Sched. 21, s. 8 (44). Page 355 of 489 15.e) By-Law No. 2014-102:  A By-Law to Provide for Remunera... The Corporation of the Township of Oro-Medonte By-law No. 2014-102 A By-law to Provide for Remuneration and Expenses for Members of Council and Council’s Appointees to Local Boards and Committees/Technical Support Groups, and Expenses for Employees, and to Repeal By-law No. 2013-147 (Remuneration and Expenses By-law) Whereas Section 283 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pay any part of the remuneration and expenses of the Members of Council of the municipality and of the officers and employees of the municipality; And Whereas Council deems it expedient to pass a By-law to provide for the remuneration and expenses of Members of Council and Council’s Appointees to Local Boards and Committees/Technical Support Groups and for expenses for employees; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Schedules “A”, “B” and “C” attached hereto form part of this By-law. 2. That By-law No. 2013-147 is hereby repealed. 3. This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this16th day of July, 2014. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 356 of 489 15.e) By-Law No. 2014-102:  A By-Law to Provide for Remunera... Schedule “A” to By-law No. 2014-102 Remuneration Of Council Members The annual remuneration for Members of Council for 2014 shall be: 1. Mayor $ 30,288 Deputy Mayor $ 24,232 Councillors $ 18,886 That the annual remuneration for Members of Council shall be subject to an annual 2. escalation factor of the lessor of: The annual rate of inflation being the increase in the Consumer Price Index (CPI) for the prior year; or The cost of living adjustment stipulated for the current year in the collective agreement; or The cost of living adjustment provided to bargaining unit excluded staff for the current year. That pursuant to S.283(7) of the Municipal Act, Council resolved that the one-third of 3. the remuneration paid to elected members of Council shall continue as expenses incident to the discharge of their duties as members of Council for the 2010-2014 term, as documented in Motion No. CW110119-7. Members of Council shall receive, in addition to their annual remuneration, per diem 4. payments as follows: $ 80.00 for each half day or evening meeting $ 160.00 for each full day meeting The per diem stipulated in Section 4 shall exclude the following: 5. Attendance at meetings of Council, as defined in Regular Meeting Schedule of 5.1 the Procedural By-law; Attendance at a function for the purpose of presenting Congratulatory 5.2 Certificates on behalf of the Township; and Attendance at special functions/events where the Township has purchased a 5.3 ticket for the Member, such as Awards Dinners, etc. The per diem stipulated in Section 4 shall apply to the following: 6. Attendance at Special meetings of Council, as defined in the Procedural By-law. 6.1 Attendance at Public Meetings/Public Information Sessions, as defined in the 6.2 Procedural By-law, when such meetings are conducted as a separate meeting on a designated day; Attendance at meetings of local boards, committees/technical support groups or 6.3 special Ad-Hoc committees to which the Member of Council has been appointed by resolution of Council, unless specified otherwise in a resolution of Council; Attendance at conferences, conventions and seminars as authorized by 6.4 resolution of Council; Attendance at special meetings required for a specific purpose relative to 6.5 municipal business, including interview committees, and authorized by resolution of Council; Attendance by the Mayor, or his/her designate, at business functions as 6.6 representatives of the municipality, including the Mayor in his/her capacity as ex-officio, or his/her designate, in an ex-officio capacity; Attendance at non-committee/technical support group meetings where the 6.7 Members of Council’s attendance has been authorized by resolution of Council. Page 357 of 489 15.e) By-Law No. 2014-102:  A By-Law to Provide for Remunera... Schedule “B” to By-law No. 2014-102 Remuneration of Public Members of Local Boards & Committees/Technical Support Groups 1. The Public Members of the: Accessibility Advisory Committee Heritage Committee Recreation Technical Support Group shall receive per diem payments as follows: $ 45.00 for each half day or evening meeting $ 90.00 for each full day meeting 2. The Public Members of the: Committee of Adjustment shall receive per diem payments as follows: $ 80.00 for each half day or evening meeting $ 160.00 for each full day meeting 3. The Public Members of the: Compliance Audit Committee shall receive per diem payments as follows: $ 80.00 for each meeting 4. The per diem stipulated in Sections 1, 2 and 3 of this Schedule shall apply to the following: 4.1. Attendance at meetings of the local board or committee/technical support group; 4.2. Attendance at conferences, conventions and seminars as authorized by resolution of Council; 4.3. Attendance at special meetings required for a specific purpose relative to municipal business and authorized by resolution of Council. 5. Committee of Adjustment public members who undertake site visits shall do so on their own accord, without per diem. Committee of Adjustment public members who wish to undertake a site visit must contact the applicant directly to obtain permission to enter the property at a mutually convenient time, pursuant to Motion No. C110202-13. 6. The above per diems, including per-kilometer payments, shall be paid on a semi- annual basis, upon submission of a statement approved by the respective Senior Manager. Page 358 of 489 15.e) By-Law No. 2014-102:  A By-Law to Provide for Remunera... Schedule “C” to By-law No. 2014-102 Expenses for Members of Council, Council’s Appointees to Local Boards and Committees/Technical Support Groups and Employees Per Kilometer Payments 1. 1.1 Effective July 1, 2014, the municipality shall compensate Members of Council, Council’s Appointees to Local Boards & Committees/Technical Support Groups and Employees at the rate of $.495 per kilometer for the use of non-township owned vehicles. st 1.1.1 That the per kilometer rate will be adjusted on July 1 each year to $0.055 below the Canada Revenue Agency (CRA) rate for Ontario for the previous year. 1.2 Members of Council shall receive a per-kilometer payment, in addition to the applicable per diem, for travel from their residence and back to attend meetings, conferences, conventions and seminars stipulated in Section 6 of Schedule “A”, upon submission of mileage statements on a quarterly basis. 1.2.1 Members of Council shall receive a per-kilometer payment for travel from their residence and back to attend meetings stipulated in Section 5.1 of Schedule “A”, upon submission of mileage statements on a quarterly basis. 1.2.2 The Mayor, or his/her designate, and/or the appropriate Ward Councillor shall receive a per-kilometer payment for travel from their residence and back to attend a function for the purpose of presenting Congratulatory Certificates on behalf of the Township stipulated in Section 5.2 of Schedule “A”, upon submission of mileage statements on a quarterly basis. 1.3 Members of local boards & committees/technical support groups shall receive a per-kilometer payment for travel from their residence and back to attend meetings, conferences, conventions and seminars stipulated in Section 4 of Schedule “B”. 1.3.1 Committee of Adjustment public members who undertake site visits, as stipulated in Section 5 of Schedule “B”, shall receive a per- kilometer payment for travel from their residence and back. 1.4 Township employees shall receive a per-kilometer payment for each kilometer driven in a non-township owned vehicle while on Township business. Luncheon & Dinner Meetings 2. 2.1 The municipality shall be responsible for the cost of Council or Committee luncheon/dinner meetings when such meetings are called by Council or the Committee concerned. 2.2 Council members and Senior Staff shall have the discretion to invite visitors for lunch or dinner in connection with Township business and such expense shall be borne by the Township. Page 359 of 489 15.e) By-Law No. 2014-102:  A By-Law to Provide for Remunera... Schedule “C” to By-law No. 2014-102 (continued) Conferences, Conventions, Seminars and Meetings 3. 3.1 Attendance at conferences, conventions, seminars and meetings shall be pre-authorized by Council resolution or in accordance with Township policy. 3.2 The following expenses shall be paid: i) Hotel/Motel accommodation - actual cost ii) Parking - actual cost iii) Registration - actual cost iv) Meals and incidental expenses - actual cost to a maximum of $100/day v) The municipality will provide registration for a double room, when a spouse is attending an approved conference, convention or seminar. Advances 4. 4.1 The Treasurer shall have the authority to furnish advances to meet estimated expenses for those authorized to attend conferences, conventions and seminars. Expense Statements 5. 5.1 Statements for expenses shall be submitted to the Treasurer for actual cost of items in a form determined by the Township. Page 360 of 489 15.f) By-Law No. 2014-103:  Being a By-Law to Delegate Certa... The Corporation of the Township of Oro-Medonte By-Law No. 2014-103 Being a By-Law to Delegate Certain Powers and Authorities to the Chief Administrative Officer “CAO” Whereas the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 23.1, provides that, without limiting sections 9, 10 and 11, those sections authorize a municipality to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part. And Whereas the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 224, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; And Whereas the Council of The Corporation of the Township of Oro-Medonte deems it expedient to delegate the power when Council’s powers are restricted by Section 275 of the Municipal Act, 2001, S.O. 2001, c.25, as amended; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Chief Administrative Officer be delegated the authority for: a) making any expenditures or incurring any other liability which exceeds $50,000; when Council’s powers are restricted by Section 275 of the Municipal Act, 2001, S.O. 2001, c.25, as amended. 2. This By-law shall come into force and effect on September 12, 2014 and shall remain in force until December 1, 2014, at which time this by-law is hereby repealed after that date. By-Law Read a First, Second and Third time, and Passed this 16 day of July, 2014. The Corporation of the Township of Oro-Medonte __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 361 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... The Corporation of The Township of Oro-Medonte By-Law No. 2014-104 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 114, Plan 51M-957, as in 58533-0338 LT ROLL # 4346-010-003-26614 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: That 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; That 2. 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; That 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; That 4. this By-Law shall take effect on the final passing thereof. th By-law read a first, second, and third time, and passed this 16 day or July, 2014. The Corporation of The Township of Oro-Medonte ______________________________ Mayor, H.S. Hughes ______________________________ Clerk, J. Douglas Irwin Page 362 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... APPENDIX “A” SITE PLAN AGREEMENT - between - DEMOCRAT MAPLEWOOD LIMITED - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Lot 114, Plan 51M-957, as in 58533-0338 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26614 By-Law No. 2014-104 th July 16, 2014 Page 363 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... 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 364 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... SITE PLAN CONTROL AGREEMENT th day of July 2014, in accordance with Section This Agreement made, in triplicate, this 16 41 of the Planning Act. B E T W E E N : Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit the construction of a single detached dwelling on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 365 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... 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 4 Page 366 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... 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 2,689 square feet (249.81 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. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & I) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be responsible for their own garbage and recycling disposal. 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 5 Page 367 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... 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 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 th Valley Estates Lot 109, Prepared by Valdor Engineering Inc dated June 5, 2014 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 6 Page 368 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. 7 Page 369 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... 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 8 Page 370 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... 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 114, Plan 51M-957 as in 58533-0338 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26614 9 Page 371 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... 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: th Diamond Valley Estates Lot 114, Prepared by Valdor Engineering Inc dated June 5, 2014. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 10 Page 372 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... 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. Two Dollars ($2.00) The consideration for all conveyances shall be the sum of 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 11 Page 373 of 489 15.g) By-Law No. 2014-104: A By-Law to Authorize the Executi... 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 1. 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 374 of 489 15.h) By-Law No. 2014-105:  A By-Law to remove the Holding s... The Corporation of The Township of Oro-Medonte By-Law No. 2014-105 A By-law to remove the Holding symbol On lands described as follows: Lot 114, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26614 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 114, Plan 51M-957, Roll # 4346-010-003-26614”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. th By-law Read a first, second and third time, and passed this 16 day of July, 2014. The Corporation of The Township of Oro-Medonte Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 375 of 489 15.h) By-Law No. 2014-105:  A By-Law to remove the Holding s... Schedule 'A' to By-Law No. 2014-105 This is Schedule 'A' to By-Law 2014-105 th passed the 16 day of July, 2014. Mayor H.S. Hughes Clerk J. Douglas Irwin Township of Oro-Medonte Page 376 of 489 15.i) By-Law No. 2014-106:  A By-Law to Authorize the Execut... The Corporation of the Township of Oro-Medonte By-law No. 2014-106 A By-law to Authorize the Execution of a Pre-Servicing Agreement with Bachly Investments Inc. (Turtle River) – PCL 1-1 SEC 51-Oro-14; PT LT 1 CON 14 Oro PTS 1,2, & 3 51R22639; S/T Oro17148; Oro-Medonte; being all of PIN 58531-0102 (LT), Township of Oro-Medonte, County of Simcoe Whereas Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; And Whereas the Council of the Township of Oro-Medonte deems it advisable to enter into a Pre-Servicing Agreement with the Owner of Bachly Investments Inc. (Turtle River) for the following Description of Lands: PCL 1-1 Sec 51-ORO-14; Pt Lt 1 Con 14 Oro Pts 1, 2, & 3 51R22639; S/T Oro17148; being all of PIN 58531-0102 (LT), Township of Oro- Medonte, County of Simcoe; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Pre-Servicing Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule ‘A’. 2. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Pre-Servicing Agreement against the owners of the land; 3. This by-law shall take effect on the final passing thereof. th By-law read a First, Second and Third time, and Passed this 16 day of July, 2014. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 377 of 489 15.i) By-Law No. 2014-106:  A By-Law to Authorize the Execut... PRE-SERVICING AGREEMENT - between - Bachly Investments Inc. - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE PLAN OF SUBDIVISION PCL 1-1 SEC 51-ORO-14; PT LT 1 CON 14 ORO PTS 1, 2 & 3 51R22639; S/T ORO17148; ORO-MEDONTE, COUNTY OF SIMCOE PIN 58531- 0102 (LT) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE July 16, 2014 By-Law No. 2014-106 Page 378 of 489 15.i) By-Law No. 2014-106:  A By-Law to Authorize the Execut... PRE-SERVICING AGREEMENT THIS AGREEMENT MADE BETWEEN: Township of Oro-Medonte (hereinafter called the “Township”) - and - Bachly Investments Inc. (hereinafter called the “Developer”) WHEREAS the Developer is the registered owner of the lands described in Schedule “A” attached (the “Subdivision Lands”); AND WHEREAS the Developer desires to commence installing municipal services within the Subdivision Lands, prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 1. ASSUMPTION OF RISK BY DEVELOPER 1.1 The Developer agrees to assume all risk in commencing installation of Township services, as defined in Article 1.4 hereof, on the Subdivision Lands, prior to the execution of a Subdivision Agreement with the Township and the registration of the Plan of Subdivision. The Developer hereby releases the Township, its agents, servants and employees from and against all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly as a result of the installation of Township services by the Developer. 1.2 The Developer acknowledges and agrees that, in the event that a Subdivision Agreement with the Township is not finalized for any reason and the Plan of Subdivision is not registered as a result, pre-servicing of the Subdivision Lands shall cease immediately. 1.3 The Developer acknowledges and agrees that Engineering design plans and specification for the Township services to be installed by the Developer, as submitted to the Township, in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Township under the terms of the Subdivision Agreement to be entered into for the Subdivision Lands. The Developer covenants and agrees to assume all risk and responsibility for the cost of required revisions to the Engineering design drawings and specifications for the Township services, together with the costs of modifying, reconstructing, removing and/or replacing the Township services installed by the Developer, pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Township at the time that the Subdivision Agreement is entered into. The Engineering Design plans are as follows: General Servicing Plan – General Servicing Plan – Erosion and Sediment Control Plan – Erosion and Sediment Control Details – Lot Grading Plan – Pre and Post development Storm Drainage Plan Stormwater Management Pond – Plan & Profile – Plan & Profile – Plan & Profile – 2 Page 379 of 489 15.i) By-Law No. 2014-106:  A By-Law to Authorize the Execut... Plan & Profile – Street Lighting Layout and Specifications General Notes Standard Details Standard Details Standard Details Planting Plan (SWM Pond) Hydro One Plan Accepted for Construction Dated , 2014 1.4 The Developer acknowledges and agrees that this Agreement relates to and permits the installation of the following Township services on the Subdivision Lands: 1. Road construction to base course of asphalt; 2. Drainage Works including stormwater conveyance site alteration and structures, stormwater pond site works and structures; and 3. Earthworks- clearing and grubbing, installation of silt fencing, rock check dam, and stone mud mat. 1.5 The Developer acknowledges and agrees that no work shall be carried out on any existing Township right-of-way, and that there shall be no connection to services on any Township right-of-way. 1.6 The Developer acknowledges and agrees that no work shall be carried out on lands not owned by the Developer, without the written consent of the owner to be filed with and approved by the Township. 1.7 The Developer acknowledges and agrees that all Servicing Plans must comply with Federal, Provincial and Township laws, By-laws, standards and policies. 2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK 2.1 The Developer agrees to submit the following to the Township, in a form satisfactory to the Township, prior to the commencement of the installation of Township services on the Subdivision Lands: a) A letter from a qualified Engineer experienced in the field of Township services confirming: 1. Retainer - That their firm has been retained by the Developers to act as Consulting Engineers for 2. Terms of Retainer - The terms of their retainer with the Developer as follows: a) Plans and Specifications - Prepare plans and specifications for the construction of Township services; b) Cost Estimates - Prepare cost estimates for the Township services to be constructed from the drawings; c) Approvals - Obtain all necessary approvals to construct; d) Co-ordination - Co-ordinate the installation of Township services to avoid conflicts with regards to telephone, cable T.V., and Township services; e) On-Site Inspections - Ensure that all on-site inspections of Township service installations are conducted by the Developer’s Consulting Engineers at all times during construction; 3 Page 380 of 489 15.i) By-Law No. 2014-106:  A By-Law to Authorize the Execut... f) As-Constructed Drawings - Submit certified “as-constructed” drawings after acceptance of the Township services; g) Change in Retainer – If at any time during the project: i) The terms of their retainer are changed by the Developer, or; ii) If they become aware that they will not be able to provide “as constructed” drawings, they will notify the Township within twenty-four (24) hours; h) Erosion and Siltation Control - Ensure all necessary precautions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction. b) Confirmation letters are to be filed with the Township Clerk, confirming the following: 1) The Township Engineering Consultant has no objection to the pre- servicing; 2) The Planning Division has no objection to the pre-servicing; 3) The County of Simcoe has no objection to the pre-servicing; 4) The NVCA have no objection to the pre-servicing. c) Payment of cash or certified cheque required to cover the cost of the Township’s lawyer and Planner for all costs involved in processing the Pre- Servicing Agreement, and for all the Township’s Engineers for checking of plans, specifications and inspection on behalf of the Township for the sum of Ten Thousand Dollars ($10,000). As accounts are received from the Township Planner, lawyer, and Engineer, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days. In the event that the deposit is drawn down to a level of Five Thousand Dollars ($5, 000) or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer is in default of this Agreement and all work must cease; d) A Letter of Credit, as per Schedule “C”, in the amount set out in Schedules “B” and “D”, attached, as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. The said Letter of Credit shall provide that if in the sole opinion of the Township, default under the terms of this Agreement has taken place, the said Letter of Credit may thereupon be drawn upon in whole or in part; e) A certified copy of an insurance policy, or a certificate of insurance, confirming Five Million Dollars comprehensive general liability in the amount of ($5,000,000.00) , naming the Township as co-insured, and containing the following additional provisions or endorsements: 1) Products/Completed Operations provisions; 2) Cross-liability clause; 3) Blasting included, only if done by an independent contractor; 4) Notice of Cancellation - a provision that the insurance company agrees to notify the Township within fifteen (15) days, in advance, of any cancellation or expiry of the said insurance policy. f) All Servicing Plans shall be submitted to and accepted by the Township Engineer; 4 Page 381 of 489 15.i) By-Law No. 2014-106:  A By-Law to Authorize the Execut... g) The Ministry of the Environment and Energy has given technical approval to the Servicing Plans. Certificate of Approval for Stormwater management facility and works issued by the Ministry of the Environment dated May 9, 2014 (Certificate 1608-9JHHNK). 3. INSPECTION BY THE TOWNSHIP 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to the Township and its agents for the purpose of inspection of the Township services to be installed by the Developer. Notwithstanding that inspections may be conducted by the Township or its agents, the Developer shall bear sole responsibility for the soundness of the Engineering design of the Township services, and for ensuring that the Township services to be installed will function, as intended, and will be compatible with the final Plan of Subdivision when and if such Plan of Subdivision is approved. 3.2 If, in the opinion of the Township, there is an emergency situation as a result of any work undertaken by the Developer or its servants, or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Township or to eliminate a potential hazard to persons, such work may be done immediately by the Township at the expense of the Developer, but notice shall be given to the Developer at the earliest possible time. 4. APPLICATION OF SECURITY 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision Lands or the abutting Township lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Developer pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the Township in remedying the default on the part of the Developer, or in addressing the emergency situation. 5. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction in the amount of security filed by the Developer with the Township, in accordance with the terms of this Agreement, shall be permitted until such time as the Developer has entered into the Subdivision Agreement for the Subdivision Lands with the Township. Thereafter, any reductions in the security posted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. 6. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall not be required to assume the Township services to be constructed by the Developer, pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the Township services have been completed, inspected, and approved. 7. NOTICE 7.1 Any notice required to be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address: Bachly Investments Inc. 17250 Highway 27, Suite 100 Schomberg, ON L0G 1T0 (705) 835-0837 (Fax) and such notice shall be deemed to have been given and received on the third day after mailing. 5 Page 382 of 489 15.i) By-Law No. 2014-106:  A By-Law to Authorize the Execut... 8. NO ASSIGNMENT 8.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. IN WITNESS WHEREOF the Developer has hereunto set its hands and seals this nd 2 day of July, 2014. Per: ____________________________________________ David Bachly, Bachly Investments Inc., Developer IN WITNESS WHEREOF th the Township has hereunto sets its hands and seals this 16 day of July, 2014. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: ____________________________________________ H.S. Hughes, Mayor Per: ____________________________________________ J. Douglas Irwin, Clerk 6 Page 383 of 489 15.i) By-Law No. 2014-106:  A By-Law to Authorize the Execut... SCHEDULE “A” DESCRIPTION OF LANDS: Plan Of Subdivision of PCL 1-1 SEC 51-Oro-14; Pt Lt 1, Con 14 Oro, Pts 1, 2 & 3 51R22639; S/T Oro17148; Oro-Medonte, County of Simcoe PIN 58531-0102 (LT) 7 Page 384 of 489 15.i) By-Law No. 2014-106:  A By-Law to Authorize the Execut... SCHEDULE “B” CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP: 1. Township’s lawyer and Planner for all costs involved in processing the Pre- Servicing Agreement, and for all the Township’s Engineers for checking of plans, specifications and inspection on behalf of the Township. $20,000 TOTAL CASH DEPOSITS TO THE TOWNSHIP $ 20,000 2. A Letter of Credit as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. SECURITY TO BE DEPOSITED WITH THE TOWNSHIP $ 152,770.53 (In Accordance with Schedule “D” excludes Cash Deposit Required as noted above) 8 Page 385 of 489 15.i) By-Law No. 2014-106:  A By-Law to Authorize the Execut... SCHEDULE “C” SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP “STANDBY” LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: _________________ NAME OF BANK: _____________________________________ ADDRESS OF BANK: ___________________________________________________ LETTER OF CREDIT NO.: __________________ AMOUNT: $ 152,770.53 Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE TO: P.O. Box 100, Oro Ontario, L0L 2X0 We hereby authorize you to draw on the Bank of _______________ , ______________ Ontario, _______________________ , for the account of ________________________ ____________________ , up to an aggregate amount of _____________ , ($$$$$$$$) which is available on demand. Pursuant to the request of our said customer, _____________________, we, the Bank of _________________ , ________________, Ontario, ______________ , hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of ________________ , ______________ , Ontario, _________. The Letter of Credit, we understand, relates to a Subdivision Agreement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding subdivision of _____________________ _______________________________________. (property description) The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro- Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at , Ontario, this day of 2014. _________________________________ _________________________________ Authorized Signature Authorized Signature Bank of _______________________ 9 Page 386 of 489 15.i) By-Law No. 2014-106:  A By-Law to Authorize the Execut... SCHEDULE “D” SECURITY SUMMARY 10 Page 387 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... The Corporation of The Township of Oro-Medonte BY-LAW NO. 2014-108 A By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Horseshoe Valley Lands Ltd. and Romspen Investment Corporation Whereas, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies being: Part of Lots 3 and 4, Concession 4 and all of Blocks 19 and 21, Plan 51M-981, Geographic Township Of Oro, Township Of Oro-Medonte, County Of Simcoe, being all of P.I.N. 74055-0248 & P.I.N. 74055-0250 and part of P.I.N. 74055-0120 & P.I.N. 74055-0254, Subject to Easements as in SC108651, SC774226 & SC975509; Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: That 1. the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule “A”; That 2.the Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule “A”, be registered on title against the lands described therein; 3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Subdivision Agreement against the owners and any and all subsequent ; owners of the land That 4. this By-Law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. th By-Law read a First, Second and Third time, and Passed this 16 Day Of July, 2014. The Corporation of The Township of Oro-Medonte Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 388 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SUBDIVISION AGREEMENT - between - HORSESHOE VALLEY LANDS LTD. - and - THE CORPORATION OF THE TOWNSHIP OF ORO–MEDONTE - and - ROMSPEN INVESTMENT CORPORATION DESCRIPTION OF LANDS PLAN OF SUBDIVISION OF PT LOTS 3 AND 4, CONCESSION 4 AND ALL OF BLOCKS 19 AND 21, PLAN 51M-981, GEOGRAPHC TOWNSHIP OF ORO, TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE BEING ALL OF P.I.N. 74055-0248 & P.I.N. 74055-0250 AND PART OF P.I.N. 74055-0120 & P.I.N. 74055-0254 SUBJECT TO EASEMENTS AS IN SC108651, SC774226 & SC975509 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE July 16, 2014 By-Law No. 2014-108 Page 389 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT TABLE OF CONTENTS Part 1General Requirements Part 2The Lands, Plans and Representations Part 3Requirements Prior to Execution of Agreement Part 4Pre-Construction Requirements Part 5Financial Requirements Part 6Staging or Phasing Part 7Construction Requirements Part 8Building Permits and Occupancy Part 9Maintenance and Acceptance Part 10Default Provisions SCHEDULES Schedule "A”-Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Part of the Works for Phase 1 Schedule "E" - List of Lots Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H"- Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule “K”-Standard Township Letter of Credit 2 Page 390 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the 16th day of July, 2014. BETWEEN:HORSESHOE VALLEY LANDS LTD. (hereinafter called the "Developer") OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Township") OF THE SECOND PART AND: ROMSPEN INVESTMENT CORPORATION (hereinafter called the “Mortgagee”) OF THE THIRD PART WHEREAS the lands affected by this Agreement are the lands described in Schedule "A" hereto annexed, and are also shown on the Plan of Subdivision attached to and forming part of this Agreement as Schedule "B" and collectively are herein referred to as the ''said lands''; AND WHEREAS a Draft Plan with Conditions (43-OM-20001) has been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements, financial and otherwise, of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: 3 Page 391 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... PART - 1 GENERAL REQUIREMENTS 1.1DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ Engineers registered and in good standing with the Association of Professional Engineers of Ontario: 1.1.1To prepare designs in accordance with the Township of Oro- Medonte Engineering Standards and Drawings (dated May 2013). 1.1.2To prepare and furnish all required drawings and specifications. 1.1.3To prepare the necessary contract(s) and provide contract administration. 1.1.4To obtain the necessary approvals in conjunction with the Township, from the Township of Oro-Medonte sewage approval authority, Simcoe County District School Board and Simcoe Muskoka Catholic District School Board, and utility companies, or as a result of legislative or procedural change, the Ministries shall be deemed to be the Ministry of Municipal Affairs and Housing, as well as the Council of the Township of Oro-Medonte or the Chief Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1 and 8.2. 1.1.5To act as the Developer's representative in all matters pertaining to the subdivision. 1.1.6To provide co-ordination in scheduling to comply with the timing provisions of this Agreement and the requirements of the Township Engineering Consultant, for all the work specified in this Agreement. 1.1.7To provide supervision during construction of all the services. 1.1.8To ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering practice. 1.1.9To maintain records of construction which shall be available for inspection or copy by the Township. 1.1.10To prepare final “as constructed” Mylar drawings which will include the following with regard to provision of a digital Plan of Subdivision: Completed digital Plan of Subdivisions must be in AutoCAD 14, 2000, 2004, 2005, 2007 or 2010 drawing format or DXF and be delivered on a CD ROM or VDV. Two copies of each Plan of Subdivision are required on separate CD ROM or DVD. Each CD ROM or DVD must be labeled identifying the legal property description, developer’s name, file name, and date delivered. PKZIP Release 2.04G or higher may be used to perform file compression if required. It is the Developer’s responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into the digital submission. 4 Page 392 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... All line data depicting property boundaries must be mathematically closed to form polygons. The lines, which describe the boundary of all properties created within the Plan of Subdivision, will be isolated on a unique layer/level. In certain cases, some of the line segments will coincide with the location of concession lot lines, registered plan data, open roads, rivers, and lakes. PLAN OF SUB layer/level will outline the property boundaries in the form of enclosed polygons. LAYER/LEVELPLAN OF SUB LINE TYPECONTINUOUS COLOURYELLOW (2) The text, which describes the property lot numbers for the Plan of Subdivision, will be isolated on a unique layer/level. The lot number will be inserted as descriptive text. LAYER/LEVELPL LT TEXT FONTMONOTEXT COLOURYELLOW (2) The digital files should contain enough site data as to allow for horizontal and vertical positioning within the existing base mapping. A minimum of two road intersections located outside the Plan of Subdivision must be shown in the drawing. It is not necessary that the digital data be in Universal Transverse Mercator (UTM) co-ordinates since the registration process will automatically convert any unit grid to the “Ontario Base Mapping UTM Co-ordinate System”. 1.1.11To furnish the Township with a Certificate and Lot Development Plan with respect to each lot or building block for which a Building Permit application is made, certifying that the proposed construction is in conformity with the General Location and Lot Grading Plan or with an approved variation; (NOTE: That a Professional Engineer could also be retained to provide the aforementioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). 1.1.12To furnish the Township’s Chief Building Official with a Certificate certifying that the elevation of the underside of the footing, and then the top of the constructed wall of the building is in conformity to the elevation shown on the individual site plan, and complies with the Overall Lot Grading Plan. Any variance shall require the approval of the Township and/or Township Engineering Consultant; (NOTE: That a Professional Engineer could also be retained to provide the aforementioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). 1.1.13To prepare and provide the Township, for each lot or block within the plan, a Certificate of final grade elevation and Lot Development Plan, indicating that the property has been developed in conformity with the General Location and Lot Grading Plan or with an approved variation; (NOTE: That a Professional Engineer could also be 5 Page 393 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... retained to provide the aforementioned and any costs incurred by the Township will be the responsibility of the Developer or individual lot owner). NOTE: In the case of lots built on after the sale or transfer by the Developer, the Township reserves the right to request a similar certificate as required under 1.1.11, 1.1.12 and 1.1.13, but it may be provided by a Professional Engineer, other than the Developer's Consulting Engineer. If the Township has their Township Engineering Consultant prepare the Certificate, the cost of the work will be deducted from the final occupancy and lot grading deposit and will become the responsibility of the individual lot owner. 1.2LEGAL NOTICE TO DEVELOPER Any notice required to be given hereunder may be given by registered mail addressed to the Developer at his principal place of business and shall be effective as of the date of the deposit thereof in the post office, as follows: Horseshoe Valley Lands Ltd. 1101 Horseshoe Valley Road Comp # 50 Barrie, Ontario L4M 4Y8 Or by: Facsimile Transmission to: (705) 835-6743 E-mail to: jimccooper@cogeco.ca In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business. Mortgagee Information: Romspen Investment Corporation c/o Bonnie Bowerman, Vice-President 162 Cumberland Street Toronto, Ontario M5R 3N5 Tel: (416) 928-5114 Fax: (416) 966-1161 Genia Ionova Senior Mortgage Analyst Tel: (416) 928-5109 Fax: (416) 966-1161 1.3REGISTRATION The Developer consents to the registration of the Subdivision Agreement by the Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to the Developer. 1.4VOIDING AGREEMENT In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 6 Page 394 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... 1.5MORTGAGEE BECOMING DEVELOPER The mortgagee(s) hereby agrees that in the event of him/they becoming the Developer(s) of the lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall be deemed to be postponed to this Agreement and any lands registered in the name of the Township shall be free of the mortgage(s), and the mortgagee(s) agrees to register a discharge of the mortgage(s) on those lands if called upon by the Township, to do so, and he/they shall be subject to the terms of the Agreement as though he/they had executed this Agreement in the capacity of the Developer. 1.6ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s) agrees that in the event of him assigning or transferring the mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms hereof, in the same manner as if the assignee or transferor has executed this Agreement. 1.7LANDS FOR MUNICIPAL PURPOSES The Developer agrees to: 1.7.1Grant good title in fee simple free and clear from all encumbrances unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township or to make a cash payment in lieu thereof, as provided by Section 51.5 of the Planning Act, R.S.O. 1990, c.P.13 and required by the Township of Oro-Medonte. The Developer also agrees to certify good title to lands by the Developer’s solicitor. The deeds for the said lands are to be approved by the Township's Solicitor and thereafter, forthwith, registered and deposited with the Township Clerk. The Developer shall pay the cost for preparation and registration of the said deed. The Developer shall provide to the Township’s solicitor, certification of good title, free and clear from all encumbrances. 1.7.2In addition to the parkland requirements set out in Schedule “H”, execute a Letter of Undertaking whereby the Developer agrees to provide a contribution to the satisfaction of the Township of additional lands and/or cash in lieu of parkland for parks and/or public recreation facilities in lieu of private recreation facilities that were formerly included draft plan of subdivision (previously known as Landscape Drive Phase 3) on the said lands. 1.8EASEMENTS The Developer agrees to grant, at his expense, all such easements and rights-of-ways as may be required for the installation and supply of services to the subdivision and to deed lands to the Township, as set out in Schedule "G". The Developer also agrees to certify good title to easements and right-of-ways by the Developer’s solicitor. Prior to executing this Agreement, all known easements shall be filed with the Township in a form approved by the Township's solicitor. 1.9HYDRO AND TELEPHONE Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the Township with a letter from the electricity supplier and from the telephone supplier, stating that the Developer has entered into a satisfactory arrangements with them with respect to the costs of installing underground wiring and financial contributions in this regard. The cost of any relocations or revisions to existing private companies’ plant and equipment, which are necessary to accommodate this subdivision, shall be borne by the Developer. 7 Page 395 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... 1.10SIMCOE COUNTY BOARDS OF EDUCATION WARNING The Developer agrees to advise all prospective purchasers, renters and lessees that there are no schools planned within this subdivision, or within walking distance of it, and that enrolment within the designated Public and Catholic school sites in the community is not guaranteed, and that pupils may be transported to/accommodated in temporary facilities out of the neighbourhood schools’ area. The Developer agrees to advise all prospective purchasers, renters and lessees that school busses will not enter cul de sacs and that pick up points will generally be located on through streets, suitable to the Board. Additional pick-up points will not be located within the subdivision until major construction activity has been completed. This clause is to be placed in any Offer or Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.11CANADA POST The Developer agrees to construct a site if required to the specifications and standards of Canada Post and the Township, as required for the construction of mailboxes by Canada Post. 1.12MINISTRY OF THE ENVIRONMENT The Developer and each individual lot owner, acknowledges that the waste treatment facility and sewers are privately owned and operated and not under the control of the Township. 1.13 RESPONSIBILITY AGREEMENT The Developer acknowledges that there is an agreement between the Township of Oro-Medonte and American Water Services Canada Corp. (By-law 2008-097) in regards to the ownership, financing, construction, operation, maintenance, and repair of certain sewer and waste treatment facilities which service this development. 1.14COUNTY OF SIMCOE The Developer agrees to include in all offers and agreements of purchase and sale, a statement that advises future occupants of the subdivision to the presence of a nearby privately-owned, non-operating waste disposal site on lands outside of the draft plan, located at 1552 Bass Lake Side Road, Township of Oro- Medonte (and legally described as part of the East and West Half of Lot 5, Concession 3 (former Geographic Township of Oro); part of the road Allowance between Concessions 3 and 4 (former Geographic Township of Oro), being Parts 3 and 4 on Plan 51R-37221, Township of Oro-Medonte, County of Simcoe, being all of PIN 58534-0240 (LT) and that there is a potential for nuisance effects due to their proximity to the former waste disposal site. 1.15WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses 1.1.11, 1.1.12, 1.1.13 1.10, 1.11, 1.12, 1.13, 5.5, 5.7.2, 7.3, 7.4, 7.10, 7.16, 7.17 8.1, 8.1.1, 8.1.3 to 8.1.5, 8.2, 8.3, 8.4, 8.5 and 9.8, Notes 1.1 and 5.5 and Schedules “E” and “F”, to each prospective purchaser of a lot(s). 1.16SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its 8 Page 396 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed by the provisions of this Agreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Agreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.17ENUREMENT This Agreement shall enure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. 9 Page 397 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... PART - 2 THE LANDS, PLANS AND REPRESENTATIONS 2.1SCOPE OF AGREEMENT 2.2DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule "A" hereto. 2.3PLAN REFERENCE For the purpose of this Agreement, references are made to the Plan of Subdivision, attached hereto, as Schedule "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval, may necessitate a change in the provisions of this Agreement. 2.4CONFORMITY WITH AGREEMENT The Developer agrees to satisfy all the requirements, financial and otherwise, of the Township concerning the provision of roads; the installation of services and drainage. The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1The provisions of this Agreement, including the Schedules hereinafter referred to. 2.4.2The Plans and Specifications submitted to and accepted by the Township as being within its design criteria including, without limiting the generality of the foregoing, the Drawings listed in Schedule “C” of this Agreement, along with the Final Stormwater Management Report, revised June 2014 prepared by Pearson Engineering Ltd. and stamped “ACCEPTED FOR CONSTRUCTION” by AECOM, the Township Engineering Consultant on June 24, 2014. Drawing No.Description See Schedule “C” attached hereto 2.4.3 All Plans and Specifications submitted to and accepted by: 2.4.3.1Ministry of the Environment 2.4.3.2Electrical Distribution Utility 2.4.3.3Township of Oro-Medonte 2.4.3.4 County of Simcoe 2.4.3.5 Nottawasaga Valley Conservation Authority 2.4.4All applicable Township By-Laws, including any applicable Site Plan Control By-Laws. 2.4.5 All applicable Provincial and Federal Legislation and also including the Federal Fisheries Act. 2.5RELIANCE UPON REPRESENTATIONS The Developer acknowledges that: 2.5.1 It has made representation to the Township that it will complete all Municipal and other works required herein, in accordance with the Plans 10 Page 398 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... filed and accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance upon those representations. 2.6SCHEDULES ATTACHED The following Schedules are attached to and form part of this Agreement: Schedule ''A''- Description of Lands Affected by this Agreement Schedule "B"-Plan of Subdivision Schedule "C"-Works to be Constructed Schedule "D"-Itemized Estimate of Cost of Construction of Each Part of the Works for Phase 1 Schedule "E"-List of Lots Requiring Special Attention Schedule "F"-Development Charges Schedule "G"-Deeds and Easements to be Conveyed Schedule "H"-Parkland Schedule "I"-Declaration of Progress and Completion Schedule "J"-General Location and Lot Grading Plans Schedule “K”-Standard Township Letter of Credit 2.7SUBDIVISION CHANGES There shall be no changes in the Schedules attached hereto, or in any Plan accepted by the Township or others, unless such proposed changes have been submitted to, and approved by, the Township and the Township Engineering Consultant. 11 Page 399 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... PART - 3 REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT 3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer shall: 3.1.1Taxes - have paid all Township tax bills issued and outstanding against the said lands. 3.1.2Deeds and Easements - have delivered to the Township all transfers/deeds, discharges and easements or other documents required by Schedule “G”, as well as Certification from the Developer’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 3.1.3Postponement Mortgage/Charge - file with the Township solicitor, for his approval, a postponement of Mortgage/Charge document. 3.1.4Cash Deposits, Development Charges and Security - have paid to the Township all cash deposits, development charges and security required by Schedules “D”, “F” and “H”. 3.1.5Construction/Engineering Plans and Specifications - have supplied to the Township, those Plans and Specifications necessary to identify the construction/engineering aspects of the proposed development, and have received from the Township an acknowledgment of conformity with general design concepts of the Township. 3.1.6Electricity - have supplied to the Township for approval, those plans necessary to identify the electrical distribution system, lighting requirements, and power supply to each lot or building or unit, as the case may be, and these are to be to the required Township standards, which includes underground wiring. 3.1.7Insurance Certificate - file with the Township Clerk, an insurance certificate confirming those coverages specifically set out hereafter. 3.1.8Consulting Engineer's Letter - ensure that each Consulting Engineer (who must be experienced in the field of Municipal Services) for the Developer, file with the Township, a letter confirming the terms of his retainer, and which letter shall be in draft format supplied by the Township. 3.1.9Utilities and Canada Post Confirmation - arrange for the Electrical Distribution Utility, Bell Telephone, the Natural Gas Utility, and Canada Post, to write a letter to the Township Clerk confirming that: 3.1.9.1 They have been informed of the project and have seen the development plans. 3.1.9.2 Satisfactory arrangements have been made with them for servicing the subdivision without expense or obligation on the part of the Township. 3.1.9.3 Easement requirements, if any. 3.1.10 Land Ownership- be the registered owner in fee simple of the lands described in Schedule "A” and that there will be no encumbrances registered against the said lands. 3.1.11 Approvals - obtain and file with the Township, confirmation approvals from the following: 12 Page 400 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... 3.1.11.1 Ministry of the Environment 3.1.11.2 Electrical Distribution Utility 3.1.11.3 Township of Oro-Medonte 3.1.11.4 County of Simcoe 3.1.11.5 Ministry of Tourism, Culture and Sport 3.1.11.6 Simcoe County District School Board 3.1.11.7 Simcoe Muskoka Catholic District School Board 3.1.11.8 Nottawasaga Valley Conservation Authority 3.1.12 Lot Sizes - file with the Township, a certificate from an Ontario Land Surveyor confirming that the frontage and area of each lot meets the minimum requirements of the Township Zoning By-law. 3.1.13 Community Mail Boxes - file with the Township, a Plan showing the location of, and access to, community mail boxes. 3.1.14 Mylars - provide for registration, Mylars of all Plans incorporated into this Agreement as Schedules. 3.1.15 Fire Chief Approval - obtain an approval from the Fire Chief of the Township confirming and approving of the proposed plans for fire protection, and specifying any hydrants, or other equipment, or appurtenances required. 13 Page 401 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... PART - 4 PRE-CONSTRUCTION REQUIREMENTS 4.1 Prior to starting construction of the subdivision works, the Developer shall: 4.1.1 Plan Registration Obtain final approval of the Plan from the Township of Oro-Medonte and obtain registration of the Plan. 4.1.2Approval of Plans The Developer and the Engineers employed by him shall have the plans and specifications for the works approved by the Township Engineering Consultant prior to construction and the originals must be stamped as accepted by the Township Engineering Consultant. Submit and obtain the Township Engineering Consultant's approval of the following, all to be in accordance with the Township's approved Engineering Standards: i)the drainage plan; ii)the lot grading plan; iii)the service layout plan for Electrical, Telephone and Gas and Composite Utility Plan; iv)the road, watermain and sewer plans and profiles. 4.1.3Certificate of Approval Submit to the Township, the Ministry of the Environment's Certificate of Approval for Storm Sewer Works and waterworks. 4.1.4Contractor The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township Engineering Consultant. The Township and Township Engineering Consultant are to be provided with the names and phone numbers of personnel responsible for the works, including emergency phone numbers. 4.1.5Scheduling of Works Prior to the start of construction, the Developer shall supply for the Township Engineering Consultants, approval of a Schedule of Works, setting out the order in which he considers the various sections of the works within the Plan will be built. The Township Engineering Consultant may amend this Schedule and the Developer shall construct, install or perform the works as the Township Engineering Consultant, from time to time, may direct. In any event the Schedule, or amended Schedule, as the case may be, shall conform to the requirements of Clause 4.1.9. 4.1.6Stormwater Management A stormwater management report shall be prepared by the Developer’s Engineer for approval by the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority which details the means whereby stormwater drainage will be accommodated and how erosion and siltation will be contained on site both during and following construction. 14 Page 402 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... This report must deal with post development stormwater quality and shall conform to Ministry of Environment Interim Stormwater Quality Guidelines. 4.1.7Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting there from. A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority. Prior to any grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Engineer shall submit the Plan for approval by the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority. The Plan must deal with post development stormwater quality and shall conform to the Ministry of Environment/Ministry of Natural Resources Interim Stormwater Quality Guidelines. The Developer agrees to carry out, or cause to be carried out, the work approved in the Plan, and such work will be certified, in writing, by the Developer's Engineer and provided to the Township Engineering Consultant and the Nottawasaga Valley Conservation Authority. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction. 4.1.8Signs Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at each entrance to the subdivision, at a location approved by the Township Engineering Consultant, and the signs shall read as follows: "ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK" The signs shall be painted either orange or yellow with black lettering. These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). 4.1.9Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48) hours written notice to the Township Engineering Consultant, of his intent to commence work. The Developer shall complete the works expeditiously and continuously for the first phase and all underground services shall be installed within one year of the day of registration of this Agreement, and all aboveground services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 7.12 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township Engineering Consultant. Subsequent phases shall be completed within a one (1) year time frame for underground services and two (2) years for aboveground services from date of commencement. Should for any reason there be a cessation or interruption of construction, the Developer shall provide forty-eight (48) hours written notice to the Township Engineering Consultant before work is resumed; 15 Page 403 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either; Give notice to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or Give notice to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize on its security and proceed with the completion of construction in accordance with the provisions of the Plans filed with the Township. 4.2BREACH OF AGREEMENT If the Developer commences or causes construction of the works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 10. 16 Page 404 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... PART - 5 FINANCIAL REQUIREMENTS 5.1DEVELOPER'S EXPENSE Every provision of this Agreement, by which the Developer is obligated in any way, shall be deemed to include the words "at the expense of the Developer" unless specifically stated otherwise. 5.2TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and Planner for all costs involved in processing the subdivision and of the Township's Engineer for checking of plans and specifications and inspection on behalf of the Township. The inspection by the Township will depend on the type of construction and the amount provided will be deemed necessary by the Township. In this regard, the Developer agrees to pay to the Township, the sum of TEN THOUSAND DOLLARS ($10,000.00) upon submitting a Plan to the Township for consideration to be applied to account of such costs. As accounts are received from the Township Planner, lawyer and Engineer, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days, so that the initial deposit will again be built up to enable the Township to pay the next accounts as they are received. In the event that the deposit is drawn down to a level of FIVE THOUSAND DOLLARS ($5,000.00), or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer would be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. 5.3DEVELOPER'S LIABILITIES Until the Township has issued the Certificate of Maintenance and Final Acceptance for the works, the Developer shall indemnify the Township against all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Plan, and the Township shall not be deemed to be the Developer. 5.4UTILITY COSTS AND CHARGES The Developer shall deal directly with all Utility companies. He or his Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) are issued. If an additional electrical service is required for Township purposes, the Developer shall include the cost of installation and maintenance of the service. 5.5DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES AND IMPOSTS a)Development charges and education development charges shall be payable on a per-lot basis prior to the issuance of the first Building Permit with respect to the particular lot. b)The Developer agrees to pay for all arrears of taxes or other Township or provincial charges, taxes or levies outstanding against the property herein described before the approval of the said Plan is obtained. The Developer further undertakes and agrees to pay taxes levied on the said lands, on the basis and in accordance with assessment and collector's roll entries until such time as the lands herein being subdivided have been assessed and entered on the Collector's Roll according to the Registered Plan. 17 Page 405 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... c)Before the Plan is approved, the Developer agrees to commute and pay the Township's share of any charges made under the Drainage Act and the Municipal Act, 2001, S.O. 2001, c.25 at present serving this property and assessed against it. These charges are set out in Schedule "F" of this Agreement. NOTE: In addition to the Municipal Development Charges, the lots may be subject to County development charges and applicable development charges of any Public Utility. 5.6SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a)Cash in the amount of one-hundred percent (100%) of the estimated cost of the said work as approved by the Township Engineering Consultant and Township Council, or: b)An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule “K” with an automatic renewal clause, in the amount of one hundred percent (100%) of the estimated costs of the said works, as set out in Schedule "D" and as approved by the Township Engineering Consultant. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3) months prior to expiration. Unless the Letter of Credit is renewed as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s) of Credit is received by the Township. c)Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of the works, as set out in Schedule "D", will be reviewed and updated by the Township Engineering Consultant on each anniversary of the date of execution of this Agreement. In the event of an increase, the Developer shall provide additional security, as required by the Township Engineering Consultant, within thirty (30) days of notice, by registered mail, from the Township Engineering Consultant. In the event that the Developer fails to deliver to the Township the additional security as required by the Township Engineering Consultant, it is hereby understood and agreed that the Developer be deemed to be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Developer's Engineer shall submit an estimate of the cost of the works to the Township Engineering Consultant for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. In the event that the tendered contract price for the Township services set out in Schedule “D” is greater by 10% than the estimates in the said Schedules, then the security provided for above shall be increased to an amount equal to the tendered contract price. 18 Page 406 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... d)Application – any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter, which under the terms of this Agreement, is the responsibility of the Developer, including, without limiting the generality of the foregoing, payment of Engineering, legal, Planning, and Development Charges, or other costs incurred by the Township, which are the responsibility of the Developer under the terms of this Subdivision Agreement, as well as development charges and costs to acquire lands or interest therein. e)Default – if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township (its servants, agents or sub-contractors) shall, if the Township so elects, have the right and privilege at all times to enter upon the said lands for the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement. f)Exceeding Cost Estimates – if the costs of completing such work or service exceeds the amount of security held by the Township, such excess shall be paid by the Developer to the Township, thirty (30) days after invoicing by the Township. All overdue accounts shall bear interest at the rate of 12% per annum. g)Save Harmless – the Developer, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter 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. h)Construction Lien Act – if the Township becomes obligated to make any payments, or pay any costs under the provisions of Section 17(4) of the Construction Lien Act, this will constitute a default and entitle the Township to realize upon its security. i)Surplus Funds – in the event that the Township cashes a Letter of Credit to complete Township services or satisfy any obligations under this Agreement, any surplus monies that remain after this work is completed shall, upon full compliance by the Developer with the terms of this Agreement, be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 5.7DISCHARGE OF SECURITIES 5.7.1Estimated Cost of Works - after the completion of fifty percent (50%) of the services based on the total estimated cost of works in the subdivision or in an approved stage of the subdivision, and provided the Developer is in compliance with all aspects of the Subdivision Agreement, the Developer shall, as the work further proceeds to completion, have the privilege, on application to the Township and upon certification of the Township Engineering Consultant, of obtaining reductions of the cash or Letter of Credit deposited for the installation of the services, in increments of not less than ten percent (10%). Upon application for reduction of the securities, the Developer's Engineer shall provide an estimate of the cost to complete the work. The Township Engineering Consultant will review the submitted estimate, and then make a recommendation of the required amount to Township Council for their approval, and that amount shall be retained along with twenty percent (20%) of the completed work estimate and the remainder 19 Page 407 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... released. A further ten percent (10%) of the completed work estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. 5.7.2Final Occupancy and Lot Grading Deposit - the Developer or Individual Lot Owner shall deposit with the Township, the required Final Occupancy and Lot Grading Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the property has been developed in conformity with the General Location and Lot Grading Plan by a certified Engineer and approved by the Township Engineering Consultant, the balance of the deposit shall be returned. 5.8STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee holdbacks, and that there are or will be no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 5.9PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges, expenses or obligations of the Developer under the provisions of this Subdivision Agreement all of its right, title and interest in the said lands, and consents to the registration of this Subdivision Agreement against title to the said lands. 5.10INSURANCE CERTIFICATE AND POLICY 5.10.1Policy of Insurance - the Developer shall lodge with the Township, on or prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Township, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and for a period of one (1) year after completion and acceptance of the Township services to be constructed herein. 5.10.2Comprehensive General Liability/Environmental Impairment - such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00) inclusive comprehensive general liability, environmental impairment liability in an amount not less than FIVE MILLION DOLLARS (5,000,000.00), and such policy shall contain: a) a cross-liability clause; b) product/completed operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent contractor duly qualified to do such work; d) shall include the following names as insureds: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 5.10.3Notice of Cancellation - a provision that the insurance company agrees 20 Page 408 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... to notify the Township within fifteen (15) days in advance of any cancellation or expiry of the said insurance policy. 5.10.4Certificate of Coverage - any certificate of coverage filed with the Township Clerk shall specifically contain their confirmation that coverage includes (a), (b), (c) and (d) above and are in effect. 5.10.5 Confirmation of Premium Payment - the Developer shall, from time to time as required by the Township, provide confirmation that all premiums on such policy or policies insurance have been paid, and that the insurance is in full force and effect. The Developer shall see that a copy of the policy is filed with the Township. 5.10.6 Claim in Excess of Policy Limits - the issuance of such policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any, and for which it may be held responsible. 5.11COST SHARING FOR WATER SYSTEM UPGRADES In addition to the requirements of Clause 8.2, the Developer and Township agree that no building permits shall be applied for nor issued by the Township for permitted uses as set out in the Township of Oro-Medonte Zoning By-law 97-95, as amended, until the Township facilitates all effected parties within the Horseshoe Valley area, in coming to an agreement for the cost sharing, and scheduling of the required water system upgrades. 21 Page 409 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... PART - 6 STAGING OR PHASING 6.1STAGING OR PHASING The Township, in its sole discretion, may instruct the Developer to construct the services in particular stages or phases suitable to the Township, and the Developer must comply on terms to be agreed to by the Township. If the Township does not so instruct, the Developer, before commencement of any work, may request the Township's permission to divide the area of the subdivision into convenient stages. If the work is thus staged, as approved by the Township, then in lieu of furnishing cash payment or Letter of Credit, all as set out in Clause 5.6 for one hundred percent (100%) of the estimated costs, as approved by the Township Engineering Consultant, the Developer shall deposit security for part of the services the Township has approved. Before proceeding with an additional stage, the Developer shall obtain the written approval of the Township and no service will be permitted to be installed and no Building Permits issued until this approval has been received and additional securities deposited. When fifty percent (50%) of the lots of the subdivision or stages of the subdivision have been built upon and all the services have not been completed and approved by the Township Engineering Consultant, the Township reserves the right to refuse commencement of the next stage until all services have been installed and approved. In no event will further subdivisions of the Developer or stages of subdivisions of the Developer be approved if all services of the active stage approved by the Township Engineering Consultant have not obtained the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) within a two (2) year period after registration of this Agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Final Certificates of Occupancy have been issued. The Developer shall be responsible for the maintenance and repairs of the services in this case until the Township has assumed the responsibility of the services. The subdivision is to be developed in the following Stages: Stage A Lots 1 to 8 and 14 to 57, Blocks 58, 59, 60 and 61 AND all of Oakmont Avenue, Horseshoe Ridge Way to Line 3 North, Boville Court and Ponytail Court and Landscape Drive to its intersection with Oakmont Avenue, Plan 51M-__________ Stage B Lots 9 to 13 and Landscape Drive, Plan 51M-__________ 22 Page 410 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... PART - 7 CONSTRUCTION REQUIREMENTS 7.1WORKS TO BE INSTALLED The works to be installed are set out in Schedule "C" to this Agreement. This Schedule is to set out the works in general terms only and shall not be construed as covering all items in detail. The works are to be designed and constructed in accordance with the current Engineering Standards adopted by By-Law by the Township at the time of signing of the Subdivision Agreement. A copy of these standards is available at the Municipal Office. If at any time, and from time to time during the development of the subdivision, the Township Engineering Consultant is of the opinion that additional works are necessary to provide adequately any of the public services required by the Plan, the Developer shall construct, install or perform such additional works at the request of the Township Engineering Consultant. 7.2CONSTRUCTION OF WORKS Following the registration of this Agreement, the Developer shall cause to be constructed, all requisite works in order to provide services to the lots and buildings blocks within the Phase. 7.3HYDRO ONE 7.3.1 Any development in conjunction with the subdivision must not block vehicular access to any Hydro facilities located on the right-of-way. 7.3.2The Developer shall make arrangements satisfactory to Hydro One for the crossing of the Hydro right-of-way by the proposed roads. A separate proposal shall be submitted to Hydro One area office for these future road crossings. 7.3.3The cost of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the developer. 7.3.4The easement rights of Hydro One are to be protected and maintained. 7.4PRESERVATION AND PLANTING OF TREES 7.4.1The Developer shall preserve all healthy trees within the limits of the subdivision, where possible. If, in the opinion of the Township Engineering Consultant, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances, parkland, and individual lots, the Township shall have the option of having a Stop Work Order on construction of the services and/or building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice will not continue and the Developer/Builder agrees to carry out remedial work requested by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 7.4.2 The Developer shall plant one (1) 2.4 metre, or taller, hardwood trees of a minimum of 50 mm caliper in the front yard of those residential lots not having any tree cover in the front yard. A minimum of one (1) tree shall be planted along the flankage side of each corner lot. 23 Page 411 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... 7.5MOVEMENT OF FILL The Developer covenants and agrees that he shall not dump, nor permit to be dumped, any fill or debris on, nor shall he remove or permit to be removed, any fill, topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township Engineering Consultant. 7.6BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township Engineering Consultant or Township Public Works Official, written permission for carrying out the blasting operation, and shall obtain the blasting permit and show proof of insurance for all damage or claims for damage resulting from the blasting operation. The Developer, in any event, shall be responsible for any such claims. 7.7ACCESS ROADS All access roads must be maintained by the Developer in good repair acceptable to the Township Engineering Consultant and Township Transportation Department during the time of construction, including dust control and the removal of any mud or debris tracked from the subdivision, and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Township Transportation Department. For the purpose of getting such consent, the Developer shall advise the Township Transportation Department and the Township Clerk of the date and time they wish to close a roadway. The Township reserves the right to limit or prohibit the use of any existing access road by the Developer. 7.8DAMAGE TO EXISTING PLANT The Developer shall repair any damages caused to an existing road, road allowance or existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone poles, etc., which may become necessary because of the development of the subdivision. In this regard, the Developer's Engineer shall arrange for an inspection with the Township Public Works Official and Township Engineering Consultant for the purpose of compiling an inventory of existing conditions prior to work on the subdivision. Otherwise, the Township Public Works Official’s assessment of conditions prior to construction will be final. 7.9DUST CONTROL Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been issued, the Developer shall apply calcium or other Ministry of the Environment approved dust suppressant to the roads within the subdivision and/or utilized by construction traffic, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township Engineering Consultants. If the Developer has not taken remedial action within twenty-four (24) hours of receiving a written notification (via facsimile) from the Township's Engineer regarding a dust control problem, then the Township's Engineer, at their sole discretion, shall employ outside forces to implement, at the Developer's expense, a suitable measure of dust control. 7.10CONSTRUCTION REFUSE All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a licensed landfill site. The Township is not responsible for the removal or disposal of refuse, garbage and debris. Open air burning is not permitted by the Township. The Developer agrees to deliver a copy of this clause 24 Page 412 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. 7.11INSPECTION OF CONSTRUCTION OF SERVICES During construction of the services, the Township may inspect the work in hand at such times and with such duration and frequency as the nature of the type of construction may dictate. Subject to the obligations of the Township Engineering Consultant to protect the interests of the Township through such inspections, every effort will be made to keep duplication of engineering services on site to a minimum. If, during such inspections, the Township Engineering Consultant perceives that construction, whether by method or otherwise, constitutes an immediate danger to life or property, or construction does not conform to acceptable practice in order to meet the requirements for services, he will have the authority to cease construction operations by verbal notice to the contractor and/or the Developer's Engineer, such notice to be confirmed, in writing, as soon as possible, thereafter. A copy of this clause shall be delivered by the Developer to each and every contractor engaged in construction of services for the subdivision. 7.12DECLARATION OF PROGRESS AND COMPLETION 7.12.1Prior to the approval of the municipal underground services, the Developer shall provide the Township Engineering Consultant with an undertaking for the completion dates of all remaining works required by this Agreement and in a form similar to that attached to this Agreement as Schedule "I", the Declaration of Progress and Completion, for approval of the Township Engineering Consultant. The Township reserves the right to alter the completion dates as it sees fit and the Developer agrees to complete the services. 7.12.2It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township, as pre-determined liquidated damages, the sum of TWO HUNDRED ($200.00) for each and every day the said services are behind schedule of construction, and NO FURTHER BUILDING PERMITS SHALL BE ISSUED. 7.12.3The Surface Lift of Asphalt for the subdivision roads cannot be placed until 50% of the lots have completed dwellings. 7.13PROGRESS OF WORKS After the completion of the underground services, the Developer shall complete the Declaration of Progress and Completion for the approval of the Township Engineering Consultant and from that date, the said Declaration shall apply and take precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and Completion, the Developer shall install all works in accordancewith the Schedule of Works or as directed by the Township Engineering Consultant. If he fails to adhere to the scheduling provisions outlined in the Schedule of Works or the Declaration, or having commenced to install the aforesaid works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works are not being installed in the manner required by the Township Engineering Consultant, then upon the Township Engineering Consultant giving seven (7) days written notice by prepaid registered mail to the Developer, the Township Engineering Consultant may, without further notice, enter upon the said land and proceed to supply all materials and to do all necessary works in connection with the installation of the said works, including the repair or reconstruction of faulty work and the replacement of materials not in accordance with the specifications, and to charge the costs thereof, together with an Engineering fee of ten percent (10%) of the cost of such materials and works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Township within thirty (30) days of the date on the bill, the money 25 Page 413 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... owing may be deducted from the cash deposit or Letters of Credit. It is understood and agreed between the parties hereto that such entry upon the land shall be as agent for the Developer, and shall not be deemed for any purpose whatsoever, as an acceptance or assumption of the said works by the Township. The Township, in addition to all other remedies it may have, may refuse to issue Building Permits until such works are completely installed in accordance with the requirements of the Township Engineering Consultant. It is agreed that a copy of this clause be delivered by the Developer to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan. 7.14SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES It is intended that the electricity and street lighting, sewer system, detention pond and waterworks will be constructed, inspected and approved prior to the completion of the other works, including roads and boulevards. Building Permits will not be issued until the Township Engineering Consultant has given the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). The two (2) year maintenance period for the underground services will commence when this Certificate is issued. During the maintenance period, the Developer shall be responsible for the normal operation and maintenance, and all repairs for the services noted in the Certificate. If, during the two (2) year maintenance period, the Developer fails to carry out rectification and repair work as requested by the Township, then the Township may carry out the work and be reimbursed the cost of the work from the Developer's securities, as set out under Clauses 9.3 and 9.4. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Final Certificates of Occupancy have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services, in this case. 7.15EMERGENCY REPAIRS Employees or agents of the Township may enter onto the lands at any time, or from time to time for the purpose of making emergency repairs to any of the works. Such entry and repairing shall not be deemed an acceptance of the works by the Township or any assumption by the Township of any liability in connection therewith, or a release of the Developer from any of his obligations under this Agreement. 7.16USE OF WORKS BY TOWNSHIP The Developer agrees that: I.The works may be used prior to acceptance by the Township or other authorized persons for the purpose for which such works are designed. II.Such use shall not be deemed an acceptance of the works by the Township, and; III.Such use shall not in any way relieve the Developer of his obligations in respect of the construction and maintenance of the works so used. 7.17DRAINAGE AND LOT GRADING 26 Page 414 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the Lot Grading Plan LG-1 to LG-4 prepared by Pearson Engineering Ltd., and approved by the Township Engineering Consultant and the Township. Some fill and re-grading of lots may be necessary during or after building construction. The Grading Plan shall show all existing and final grades on lot corners, as well as mid-lot elevations, where deemed necessary by the Township Engineering Consultant. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners once the required drainage works have been constructed by the Developer. The storm swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or interferes with the storm drainage flow through any part of the storm swale, or interferes with the acceptance of water from any connecting swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the swales can serve their original purpose. Within the swale area, the Developer, and any subsequent lot owner, shall not construct any works, remove, or permit to be removed, any soil from the said swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under or through the said swale/easement, any fence, well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within thirty (30) days after the due date, shall be added to the tax roll and collected in a like manner as realty taxes, as per Section 446 of the Municipal Act, 2001. The Developer agrees to deliver a copy of this clause to each and every prospective purchaser and/or builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. Generally, the drainage facilities will consist of curbs and gutters, and storm sewers to provide a satisfactory drainage outlet, and will be in accordance with the Drawings STM-1, STM-2; Stormwater Management Plan Drawings PND-1, PND-2 and PND-3 and Plan Profiles Drawings PP-1, PP-2, PP-3, PP-4, PP-5, PP-6, PP-7 and PP-8 by Pearson Engineering Ltd., and approved by the Township Engineering Consultant and the Township. 7.18PARKLAND WORKS (WALKWAYS ETC.) Prior to the issuance of a building or sewage system permit the Developer shall provide payment to the Township of cash-in-lieu of parkland pursuant to Schedule “H” to this agreement. 7.19DEFINITIONS For the purposes of this Subdivision Agreement: (i)The term "Underground Services" shall mean the sanitary sewer works; the storm drainage works (including culverts, storm sewer, detention pond); waterworks (including piping, valves, fire hydrants, services, sample stations, 27 Page 415 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... and PVRs);, underground electrical distribution system, and street lighting serving the Plan of Subdivision, as more particularly described in Schedule "C" to this Subdivision Agreement. (ii)The term "Certificate of Substantial Completion and Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineering Consultant confirming that the Municipal Underground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed in accordance with plans and specifications reviewed and accepted by the Township Engineering Consultant. The issuance of a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) shall not constitute an assumption of the Municipal Underground Services by the Township. (iii)The term "Certificate of Maintenance and Final Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineering Consultant confirming that the Municipal Underground Services constructed by the Developer, in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Municipal Underground Services by the Township. (iv)The term "Aboveground Services" shall mean all Municipal services to be constructed by the Developer pursuant to the terms of this Subdivision Agreement, as more particularly identified in Schedule "C", excluding Underground Services. (v)The term "Certificate of Substantial Completion and Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineering Consultant confirming that the Aboveground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed, in accordance with plans and specifications reviewed and accepted by the Township Engineering Consultant. The issuance of a Certificate of Substantial Completion and Acceptance (Aboveground Services) shall constitute an assumption of the Aboveground Services by the Township for winter maintenance only. (vi)The term "Certificate of Maintenance and Final Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineering Consultant confirming that the Aboveground Services constructed by the Developer in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Aboveground Services by the Township. The term "Certificate of Substantial Completion and Acceptance" means a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) or a Certificate of Substantial Completion and Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. (viii)The term "Certificate of Maintenance and Final Acceptance" means a Certificate of Maintenance and Final Acceptance (Municipal Underground Services) or a Certificate of Maintenance and Final Acceptance 28 Page 416 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... (Aboveground Services), as the provisions of this Subdivision Agreement require. 29 Page 417 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... PART - 8 BUILDING PERMITS AND OCCUPANCY 8.1OVERALL LOT DEVELOPMENT PLAN & INDIVIDUAL SITE PLANS 8.1.1The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a Building Permit for any part or portion of the said lands or on any lot therein, and no Building Permit shall be issued until a Certificate of Substantial Completion and Acceptance (municipal underground services) has been issued. 8.1.2 Individual Lot Owners will be required to obtain the services of a qualified professional consultant to prepare the Individual Site Plan to the satisfaction of the Township prior to the issuance of a building permit, and the Individual Site Plan shall include, at a minimum: a)The location of the proposed building, driveway and any other structures on the lot. b)The lot area, building area including decks, stairs, and landings, percentage of coverage and allowance and actual setbacks, including zoning of lot, in a metric scale (all in chart form). c)The proposed building with lot, Registered Plan number, and municipal address (911 number). d)The elevation of the underside of footing, top of foundation wall, and all floor levels of the dwelling and other structures. e)The existing and proposed grades of the disturbed area on the lot after building, drainage and sewage works have been completed, including lot corners, mid-lot and at the corners of the dwelling. f)The location and size of the water servicefrom the watermain to the dweliing. g)The location and grades of any proposed drainage swales. h)The consultant will be required to check the elevations of the footings of the buildings prior to further construction to ensure conformity with the approved Plans noted above. i)The consultant will be required, prior to the issuance of a Final Inspection Report, to certify to the Township, in writing, that the foregoing works have been carried out in accordance with the approved Plans noted above. 8.1.2 The Developer further agrees to construct all works required under Clause 7.17, as shown on the approved all prepared by Pearson Engineering Ltd., to the satisfaction of the Township and the Township Engineering Consultant, a list of which is set out in Schedule ‘C’. 8.1.3 The Developer further agrees to advise all prospective lot owners of the requirement that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit. 8.2REQUIREMENTS FOR BUILDING PERMITS The Developer acknowledges and agrees that final approval or registration of the Plan by the Township or the acceptance by the Township of the works set out in this Agreement shall not be deemed to give any assurance that Building Permits, when applied for, will be issued in respect of the lots or blocks shown on the Plan. The Township reserves the right to withhold building permits until the requirements of this Agreement, and all other requirements of all relevant agencies, have been completed to the satisfaction of each agency, and the Township has been notified in writing of satisfaction of these items by the relevant agency in addition to the completion of commissioning of the water and sewage works for the Plan. 30 Page 418 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... The Developer and Township agree that no building permits shall be applied for nor issued by the Township for permitted uses as set out in the Township of Oro- Medonte Zoning By-law 97-95, as amended, until the Township is satisfied that adequate road access, water supply, sanitary sewage and storm drainage facilities are available to service the Plan in addition to all other requirements set out in Section 8 herein. Despite the foregoing and despite the provisions of the Building Code Act, R.S.O. 1990, c.B.13, the Developer understands and agrees that no building permits will be issued until all of the requirements of this Agreement and specifically this Section, have been met. For the purposes of the Building Code Act, R.S.O. 1990, c.B.13, the Parties hereby agree that the requirements of this Agreement, including specifically this Section, shall constitute “applicable law”. Notwithstanding the foregoing, no Building Permits will be given and the Chief Building Official may refuse any application until: (i)The submission of all provincial and municipal approvals; (ii)Sewage system allocation has been obtained and submitted to the Township. The Township of Oro-Medonte sewage approval authority requirements are set out in Clauses 7.17 and 8.1. (iii)The Certificate of Substantial Completion and Acceptance for the Underground Works has been issued by the Township for the water supply and distribution system; and sanitary and storm sewer systems; and the submission of the completed Declaration of Progress and Completion (Schedule “I”). (iii)Plans for remaining underground services such as Bell Telephone, Electricity or Natural Gas have been approved and the required Composite Utility Plan has been approved by the Township. (iv)A "Builders" road completed up to an including base coarse asphalt, has been constructed on the road providing access to the lot in accordance with the Township’s Engineering Standards to the satisfaction of the Township. (v)Approval of the Township Engineering Consultant has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "E" hereto. (vi)Signs denoting "Unassumed Roads" have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 4.1.8. (vii)A Certificate Letter and Lot Development Plan has been given by the Developer's Consulting Engineer or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building to be erected on any lot or block within the Plan, for which a Building Permit has been applied for, is in conformity with the General Location and Overall Lot Grading Plans, or has received the approval of the Township Engineering Consultant with respect to any variance to the Overall Lot Grading Plans. The individual Lot Development Plan must be approved by the Township and/or Township Engineering Consultant prior to the issuance of a Building Permit. (viii)All dead trees within the limit of the Plan have been removed. (ix)Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 8.4. 31 Page 419 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... (x)The Traffic and Street Name signs have been installed and approved by the Township. (xi)Payment of Development Charges Fees and other applicable levies. (xii)Certification by the Township and/or Township Engineering Consultanting Consultant if the subdivision is being constructed in phases/stages that the preceding stage meets all requirements for occupancy as set out in Clause 8.5. (xiii)Payment of cash-in-lieu of parkland in accordance with Clause 7.18. (xiv)Payment of lot grading deposit of one thousand dollars ($1000.00) per lot. 8.3LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be serviced, will be listed on Schedule "E" of this Agreement. Prior to the issuance of a Building Permit for any lot listed in Schedule "E", the Developer's Engineer must submit a letter to the Township Engineering Consultant outlining the measures to be taken to correct the problems on the lot. This proposal must be approved prior to applying for a Building Permit. 8.4MUNICIPAL ADDRESS SYSTEM The Developer’s Engineer shall be responsible for obtaining the municipal address system numbers for each and every lot from the Municipal Office and including on the final approved engineering drawings. As a further requirement, in order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the aforementioned number at a location approved by the Township. The Developer agrees to provide a copy of this clause to each and every builder or lot owner in advance of the sale of such lot(s). 8.5REQUIREMENTS FOR OCCUPANCY 8.5.1No buildings erected on the lots or blocks within the Plan shall be occupied until a PROVISIONAL CERTIFICATE OF OCCUPANCY has been issued by the Township in accordance with the Township Building and Plumbing By-Law. PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued to allow occupancy of a building. 8.5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until: (i) The roadway has received the granular road base materials full depth and the base course of asphalt. (ii) The underground electrical, telephone lines, gas mains and street lights have been installed, approved, and energized by the Township Engineering Consultant. A Certificate Letter and individual Lot Development Plan have been given by the Developer's Consulting Engineer, or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building constructed, and the final grading of the lot or block, is in conformity with the General Location and Lot Grading Plans, or such variance therefrom has been approved by the Township Engineering Consultant. 32 Page 420 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... The final grading on the individual Lot Development Plan must be approved by the Township Engineering Consultant prior to the issuance of a FINAL CERTIFICATE OF OCCUPANCY. FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. (iv)The trees have been planted on the lot by the Developer in accordance with Clause 7.4. (v)Any deficiencies on a Provisional Certificate of Occupancy have been complied with. It is agreed that a copy of Part 8 shall be delivered by the Developer to each and every builder obtaining a Builder's Permit or any prospective purchaser of the dwelling for any lot or part of a lot on the said Plan. 8.6OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 8.6 are installed to the home occupied to the satisfaction of the Township Engineering Consultant, then the Developer agrees to pay to the Township, liquidated damages in the amount of TWO HUNDRED DOLLARS ($200.00), per dwelling, per day, to cover the additional costs of administration, inspection and fire protection, etc. The liquidated damages to commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township Engineering Consultant that the vital services are satisfactorily installed. If the Developer fails to pay to the Township, monies owing under this clause within thirty (30) days of the date of the bill, the money may be deducted from the cash deposit or Letter of Credit or other deposited security. 8.7REQUIREMENTS FOR WINTER OCCUPANCY Should the Developer require Occupancy between October 1 and April 15, (then) the final lot grading shall be completed by (the following) July 15. Should the Developer require Occupancy between April 15 and October 1, the final lot grading shall be completed within three months of provisional occupancy. In addition, if the final lot grading is not completed prior to Occupancy, the Developer’s Engineer shall provide the certification that the lots requesting Occupancy have a base grade, swales, and all slopes are graded to conform to the Overall Lot Grading Plan and minimum engineering design standards. The Developer agrees that if the final lot grading has not been completed within the aforementioned time lines, the Township will immediately proceed to have the final lot grading completed at the Developer’s expense. Further, it is agreed by the Developer that the lot grading security deposit will not be reduced until the Township and/or Township Engineering Consultant is satisfied including having completed a site inspection and a Lot Grading Certification from the Developer’s Engineer has been received. 8.8CONFORMITY WITH GRADING Prior to issuance of a building permit for any lot on the Plan, an Individual Site Plan is required to be approved by the Township in accordance with Section 8.1. The Individual Site Plan will indicate the proposed building and lot, municipal address, and elevation of the top of foundation wall and shall be in compliance with the Overall Lot Grading Plan for the subdivision. Any variance to the Overall Lot Grading Plan must receive approval from the Township Engineering Consultant, the Conservation Authority of jurisdiction, and where area tile bed systems are involved, the Township. The Developer agrees that each building permit will be issued on the condition that no construction of any building will proceed beyond the completion of the footing and then the foundation wall until the Developer has provided the 33 Page 421 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... Township’s Chief Building Official with a certificate from the Developer’s Engineer certifying that the elevation of the underside of the footings and then the top of the constructed foundation wall of the building conforms to the elevation shown on the Individual Site Plan and complies with the Overall Lot Grading Plan. Any variance shall require the approval of the Township and/or Township Engineering Consultant. 34 Page 422 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... PART - 9 MAINTENANCE AND ACCEPTANCE 9.1FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES On receipt of the Developer's request for a final inspection of the underground services, the Township Engineering Consultant will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) be issued. It should be noted that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) can be applied for by the Developer two (2) years after the receipt of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Final Certificates of Occupancy have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services in this case until the Township has assumed the responsibility of the services. 9.2SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES The Surface Lift ofAsphalt for the subdivision roads cannot be placed until 50% of the lots have completed dwellings. When all of the services have been completed, including the surface lift of asphalt in accordance with this Agreement or in a particular stage, the Township Engineering Consultant and the Township Transportation Department shall make an inspection to ensure that the Township will accept the road system. The Township Engineering Consultanting Consultant shall issue a Certificate of Substantial Completion and Acceptance (Aboveground Services) when the works are accepted by the Township. This Certificate may contain a list of minor deficiencies, which have to be corrected by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The two (2) year maintenance period will commence when the Township approves the issuance of the Certificate. 9.3MAINTENANCE OF WORKS The Developer will be responsible for the repair and maintenance of all the subdivision services for a period of two (2) years from the date the Township approves the Certificate of Substantial Completion and Acceptance. This shall be called the Maintenance Period. The maintenance shall include the maintaining and mowing of grass within the road allowances, as well as the parkland area on a regular basis. If the Township is requested to carry out this maintenance, the Developer shall pay all charges to the Township. If, during this period, the Developer fails to carry out maintenance work within forty-eight (48) hours after receipt of a request from the Township, then the Township Engineering Consultant may, without further notice, undertake such maintenance work and the total cost of such work, including Engineering fees, shall be borne by the Developer. If the Developer fails to pay the Township within thirty (30) days of the date of billing, then the money owing may be deducted from the cash deposit or Letter of Credit. During the maintenance period, ten percent (10%) of the original estimated cost of the works shall be retained by the Township. Towards the end of the maintenance period, the Developer shall make written request to the Township for a final inspection to be made and notwithstanding the two (2) year period noted above, the maintenance period will continue for the 35 Page 423 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... original two (2) years, or for thirty (30) days after the receipt of the Developer's written request for a final inspection, whichever period of time is the greater. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Final Certificates of Occupancy have been issued. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of services. 9.4WINTER ROAD MAINTENANCE An exception to the liability of the Developer for all maintenance and repair of the services during the two (2) year maintenance period will be winter control, which operation will be the Township's responsibility after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). Winter control shall include snow plowing, sanding and any other winter maintenance operations. It is agreed by the Developer that the winter control operations shall not prejudice the Township's rights to enforce the maintenance provisions. Prior to the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services) however, the Developer shall be responsible for the winter control also. In the event that proper vehicular access or winter control is not provided by the Developer, the Township, through its servants, contractors, or agents, may provide without notice to the Developer. Such winter control shall be only carried out at times deemed to be an emergency by the Township Transportation Department. All costs of such work shall be paid by the Developer within thirty (30) days of the date of billing or otherwise may be deducted from the cash deposit or Letter of Credit. The cost of such works to be at the following rates: Machinery and Equipment$50.00/hr. Labour$25.80/hr. Mixed Sand and Salt$11.47/tonne Payroll Burden - 48% Administration - 7% H.S.T. - 13% The Township may adjust these rates from time to time. The Developer further agrees that any work done by the Township pursuant to this Agreement before the roads are accepted by the Township, shall not be deemed in any way to be an acceptance by the Township of the roads in the said subdivision upon which such work is done. The Developer acknowledges that the Township, whilst providing winter control, may damage or interfere with the works of the Developer and covenants that he will make no claims against the Township for such interference or damage, providing the work is carried out in a normal and reasonable manner. 9.5REPLACEMENT OF SURVEY BARS Prior to the final acceptance of the subdivision by the Township, the Developer agrees to supply a statement from an Ontario Land Surveyor approved by the Township that after the completion of the subdivision work, he has found or replaced all survey monuments, standard iron bars and iron bars shown on the registered plan. The statement must be dated within two months of the date of acceptance. 9.6FINAL ACCEPTANCE OF ABOVEGROUND SERVICES 36 Page 424 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... Upon receipt of the Developer's request for a final inspection of the Aboveground Services, the Township and/or Township Engineering Consultant will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance be issued. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services, in this case, until the Township has assumed the responsibility of the services. 9.7RELEASE OF LAND The Developer, when not in default of the Subdivision Agreement to provide the requisite public services to the lands, shall be entitled to an effective release in a form suitable for registration in the Land Registry Office for each lot or block, which is in conformity with the overall Grading Plan for the lands or such variance therefrom as has been approved by the Township Engineering Consultant. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lot or block described in the release, with the exception of the responsibility for drainage as outlined in Clause 9.8 and the completion and maintenance of the services. 9.8DRAINAGE - RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surface waters upon and from the said lands shall remain the sole responsibility of the Developer and the subsequent owners, from time to time, of the lots or blocks within the Plan of Subdivision. The Developer and subsequent owners of the lots or blocks within the Plan of Subdivision, from time to time, shall provide and maintain adequate drainage of surface waters across and from the said lands in accordance with the provisions of Section 7.17 of this Subdivision Agreement. The Developer agrees to provide a copy of this Section 9.8 and Section 7.17 to each and every prospective builder/prospective purchaser of a lot or block within the Plan of Subdivision. The Developer and the owner, from time to time, of any lot or block within the Plan of Subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the Developer and/or subsequent lot owner. Any invoices not paid within thirty (30) days after due date, shall be added to the tax roll and collected in alike manner as realty taxes as per Section 446 of the Municipal Act, 2001. 37 Page 425 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... PART – 10 - DEFAULT PROVISIONS 10.1DEFAULT PROVISIONS In addition to any other remedies, when the Developer is deemed by the Township to be in default of this Agreement, the Township reserves the right to realize upon any securities deposited on or on behalf of the Developer to recover costs incurred by the Township, in accordance with the provisions of Section 5.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building Permits and/or Final Certificates of Occupancy, and the Developer agrees not to apply for any Building Permits or Final Certificates of Occupancy for lots or blocks within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 10.2SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators and assigns. 10.3SUBSTITUTION FOR APPROVALS Wherein this Agreement reference is made to any named Ministry of the Province, Township of Oro-Medonte or other public body, such reference where the same requires their approval, is deemed to be a reference to any other Ministry or body as may be substituted by legislative change or policy of the Provincial Government or of the Township. 10.4CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs, charges or expenses incurred by the Township in satisfying the obligations of the Developer in the event of default of the Developer under the terms of this Subdivision Agreement, together with any costs, charges or expenses incurred by the Township in enforcing the obligations of the Developer under this Agreement, shall be a first charge or lien against the said lands in accordance with the provisions of Section 446 of the Municipal Act, 2001. IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this day of _____, 2014. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per H..S. Hughes Title Mayor Per J. Douglas Irwin TitleClerk HORSESHOE VALLEY LANDS LTD. Per Jim Cooper TitlePresident ROMSPEN INVESTMENT CORPORATION Per Title 38 Page 426 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "A" NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and being composed of the whole of the lands described as follows: PLAN OF SUBDIVISION OF PT LOTS 3 AND 4, CONCESSION 4 AND ALL OF BLOCKS 19 AND 21, PLAN 51M-981, GEOGRAPHC TOWNSHIP OF ORO, TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE BEING ALL OF P.I.N. 74055-0248 & P.I.N. 74055-0250 AND PART OF P.I.N. 74055-0120 & P.I.N. 74055-0254 SUBJECT TO EASEMENTS AS IN SC108651, SC774226 & SC975509 39 Page 427 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "B" NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION Stage A Lots 1 to 8 and 14 to 57, Blocks 58, 59, 60 and 61 AND all of Oakmont Avenue, Horseshoe Ridge Way to Line 3 North, Boville Court and Ponytail Court and Landscape Drive to its intersection with Oakmont Avenue, Plan 51M-__________ Stage B Lots 9 to 13 and Landscape Drive, Plan 51M-__________ PLAN OF SUBDIVISION 51M-__________ 40 Page 428 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "C" NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION WORKS TO BE CONSTRUCTED Construction of storm sewers and appurtenances, sanitary sewer including service connections, watermains and appurtenances, including service connections, all road works, including curb and gutter in accordance with the approved Engineering Drawings to service the Horseshoe Ridge subdivision in the Township of Oro-Medonte. LIST OF DRAWINGS (Stamped by AECOM, Township Engineering Consultants - Accepted for Construction Dated June 24, 2014) PEARSON ENGINEERING LTD. TITLE PAGE Approved Draft Plan M-Plan51M- R-Plan Notes and Details NotesNT-1 DetailsDET-1 DetailsDET-2 DetailsDET-3 Storm and Sanitary Pipe Design SheetPD-1 Erosion Control Plan Erosion and Siltation Control PlanEP-1 Lot Grading Plans Lot Grading PlanLG-1 Lot Grading PlanLG-2 Lot Grading PlanLG-3 Intersection Detail PlanLG-4 General Servicing Plans General Servicing PlanGS-1 Water Swabbing/Testing PlanWSP-1 Sanitary Drainage PlanSAN-1 Storm Drainage Plans Storm Drainage PlanSTM-1 Post Development Storm Drainage Plan Stormwater Management Pond 1PND-1 Stormwater Management Pond 1- Section ViewPND-2 Stormwater Management Pond 3PND-3 Plan Profiles Plan Profile – Landscape DrivePP-1 Plan Profile – Landscape DrivePP-2 Plan Profile – Oakmont AvenuePP-3 Plan Profile – Oakmont AvenuePP-4 Plan Profile – Horseshoe Ridge WayPP-5 Plan Profile – Boville Court and Ponytail CourtPP-6 Plan Profile – Oro Medonte Line 3 NorthPP-7 Plan Profile – Oro Medonte Line 3 NorthPP-8 Utility Plans Composite Utility PlanUP-1 Hydro One Plan2 Sheets Runge & Assoc ElectricalE1 to E4 Enbridge Gas 2 Sheets Bell Canada 41 Page 429 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "D" NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS The following list summarizes the cost estimate of the major works, but is not necessarily inclusive: 42 Page 430 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "D" Cont. NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION SCHEDULE "D" Cont. 43 Page 431 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION SCHEDULE "D" Cont. 44 Page 432 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION 45 Page 433 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "E" NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION LIST OF LOTS REQUIRING SPECIAL ATTENTION 1. Block 62 is for future development through consolidation with adjacent lands. 46 Page 434 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "F" NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are payable on a per-lot basis prior to the issuance of the first Building Permit for each particular lot, unless alternative arrangements with the body enacting the By-Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with the Township of Oro-Medonte’s By- Law at the rate applicable, upon the issuance of the first Building Permit for each lot upon which charges are payable. (ii) Educational development charges in accordance with By-law \[#3203-00\] of the Simcoe-Muskoka Catholic District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable; and (iii) Educational development charges in accordance with By-law #3 (2000) of the Simcoe County District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable. Please also be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; for the Simcoe County District School Board, the Superintendent of Facility Services; and in the case of the County of Simcoe, the County Clerk. Also, please be advised that the above-referenced By-Laws enacted pursuant to the Development Charges Act, 1997 and Section 257.53 of the Education Act, R.S.O. 1990, c.E.2, may be amended or superceded by subsequent By-Laws enacted in accordance with the respective legislation. (iv) Development Charges in accordance with the County of Simcoe’s By-law at the rate applicable, upon the issuance of the first building permit for each lot upon which charges are payable. 47 Page 435 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "G" NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Developer. All documents to be registered, shall be prior approved by the solicitor for the Township. The following land and easements shall be conveyed to the Township: 1.Block 64, Plan 51M-__________, for Temporary Turning Circle 2.Blocks 65, 66, 67, 68 and 69, Plan 51M-__________, for 0.3 metre reserves The following easements shall be conveyed to the Township: 1.Part 1, Lot 24 AND Part 2, Lot 25 Plan __________ 2.Part 4, Lot 39 AND Part 5, Lot 40 Plan __________ 3.Part 2, Block 63 AND Parts 3 & 4, Lot 1 Plan __________ The following easements shall be conveyed to Hydro One: 1.Part 5, Lot 3 Plan __________ 2.Part 3, Lot 37 Plan __________ 3.Part 6, Lot 39 Plan __________ 4.Part 7, Block 60 Plan __________ 5.Part 8, Block 59 Plan __________ 6.Part 9, Lot 7 Plan __________ 7.Part 10, Block 62 Plan __________ 8.Parts 11 & 12, Lot 44 Plan __________ 9.Parts 13 & 14, Lot 3, Concession 4 Plan __________ The following roadways shall be deeded to the Township: 1.Landscape Drive, Plan 51M-__________ 2.Oakmont Avenue, Plan 51M-__________ 3.Horseshoe Ridge Way, Plan 51M-__________ 4.Boville Court, Plan 51M-__________ 5.Ponytail Court, Plan 51M-__________ 48 Page 436 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "H" NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION PARKLAND Cash in lieu in the amount of $ $5,660.00 or alternative land dedication to Township of Oro-Medonte 49 Page 437 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "I" TOWNSHIP OF ORO-MEDONTE DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION DEVELOPER CONSULTING ENGINEER As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY HOMES LTD. AND ROMSPEN INVESTMENT CORPORATION The Developer(s) dated 1.The Developer hereby agrees and undertakes to complete the construction of the Works as required by the above-mentioned Agreement in accordance with the time schedule for the completion of services as approved by the Township Engineering Consultant and more specifically in accordance with the following schedule and conditions: a)Before any building erected on the lots or blocks in the Plan are occupied all the Requirements for Occupancy, as set out in Clause 8.5, shall be complied with. b)Granular "B" and Granular "A" on or before c)Grading, topsoiling and seeding of private blocks on or before d)Boulevard sodding on all roads on or before e)Base Lift of Asphalt on or before f)Planting of trees on or before g)Stormwater Pond Expansion Works on or before____________________ 2.The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week following such completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration; 3.The Developer undertakes to properly maintain the gravel road base at all times and to keep all roads in a mud-free and dust-free condition until such times as the roads, including boulevards, have been completed; 50 Page 438 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... 4.The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Item 3 hereof, not completed by him within 24 hours after receipt of such request for maintenance, at his expense, and without limiting the generality of the foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll burden, plus 20% for overhead; 5.It is understood and agreed that should the Developer fail to construct the remaining services to carry out the requirements of Item 3 as stipulated, and by such dates and within such time limits as provided by this undertaking, the Developer, notwithstanding the costs noted in Section 4, shall pay to the Township, as predetermined liquidated damages, the sum of TWO HUNDRED DOLLARS ($200.00) for each and every calendar day the said services are behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. HORSESHOE VALLEY LANDS LTD. Seal or WitnessDate ROMSPEN INVESTMENT CORPORATION Seal or WitnessDate 51 Page 439 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "J" NOTE:It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. GENERAL LOCATION AND LOT GRADING PLANS PROCEDURE After the General Location and Lot Grading Plan have been approved by the Township, then: a)six copies to be delivered to the solicitor for the Township. b)six copies to be delivered to the Township. c)Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered to the solicitor for the Township. 52 Page 440 of 489 15.j) By-Law No. 2014-108:  A By-Law to Authorize the Execut... SCHEDULE "K" SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP “STANDBY” LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: _________________ NAME OF BANK: _____________________________________ ADDRESS OF BANK: ___________________________________________________ LETTER OF CREDIT NO.: __________________ AMOUNT: $__________________ Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500. TO:THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE P.O. Box 100, Oro Ontario, L0L 2X0 We hereby authorize you to draw on the Bank of _______________ , ______________ Ontario, _______________________ , for the account of ________________________ ____________________ , up to an aggregate amount of _____________ , ($$$$$$$$) which is available on demand. Pursuant to the request of our said customer, _____________________, we, the Bank of _________________ , ________________, Ontario, ______________ , hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of ________________ , ______________ , Ontario, _________. The Letter of Credit, we understand, relates to a Subdivision Agreement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding subdivision of _____________________ _______________________________________. (property description) The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro- Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at , Ontario, this day of 20 . __________________________________________________________________ Authorized Signature Authorized Signature Bank of ________________________ 53 Page 441 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... The Corporation of the Township of Oro-Medonte By-law No. 2014-109 A By-law to Repeal By-law 2013-022 and Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and 2065726 Ontario Inc. described as lands as follows: Part of Lot 21, Concession 9, Being Part 1, Plan 51R28590, as in 58549-0108 LT ROLL # 43-46-010-009-07903 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 Nos. 2008-046 and 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 By-law 2013-022 is hereby repealed and the Site Plan Agreement be authorized to be removed from the title of the property; 5. This by-law shall take effect on the final passing thereof. th day of July, 2014. By-law read a First, Second and Third time, and Passed this 16 The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 442 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... APPENDIX “A” SITE PLAN AGREEMENT - between - 2065726 ONTARIO INC. - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS PART OF LOT 21, CONCESSION 9, ORO BEING PART 1 PLAN 51R28590 PIN 58549-0108 LT ORO-MEDONTE COUNTY OF SIMCOE PIN 58549- 0108 (LT) July 16, 2014 By-Law No. 2014-109 Page 443 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... 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 444 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... SITE PLAN CONTROL AGREEMENT th day of July, 2014, in accordance with Section This Agreement made, in triplicate, this 16 41 of the Planning Act. B E T W E E N : 2065726 ONTARIO INC. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit the construction of an additional (30’x50’) equipment storage building on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 445 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... 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 200.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the construction of an additional (30’x50’) equipment storage building 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 4 Page 446 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... 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, Ministry of the Environmental, 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. & I) will not receive curb side waste collection services from the County of Simcoe. Each I. C.& I location and multi-unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule “B”, as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES 5 Page 447 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule “E”, with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule “D” of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION 6 Page 448 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) ) __________________________ ) 2065726 Ontario Inc. ) Jim Lippai, President ) I have the ability to bind the ) ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) __________________________ ) H.S. Hughes, Mayor ) ) __________________________ ) J. Douglas Irwin, Clerk 7 Page 449 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... 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 2065726 Ontario Inc. LEGAL DESCRIPTION OF LANDS Part of Lot 21, Concession 9 Being Part 1 Plan 51R28590 Township of Oro-Medonte County of Simcoe PIN 58549- 0108 (LT) Roll# 4346-010-009-07903 8 Page 450 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... 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 2065726 Ontario Inc. SITE PLAN DRAWINGS Site, Landscaping, Grading, Pre-Development Storm Drainage and Post-Development Storm Drainage Plans as approved by the Director, Development Services. Site Plan Drawings are not in a registerable form and are available from the Township of Oro- Medonte. 9 Page 451 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... 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 2065726 Ontario Inc. 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. Two Dollars ($2.00) The consideration for all conveyances shall be the sum of 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” 10 Page 452 of 489 15.k) By-Law No. 2014-109:  A By-law to Repeal By-law 2013-0... NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and 2065726 Ontario Inc. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner N/A to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 453 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... The Corporation of the Township of Oro-Medonte By-law No. 2014-110 A By-law to Repeal By-law No. 2012-015 and to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Maria Elizabeth Scali and Joe Nicodemo Scali described as lands as follows: Lot 10, Plan 51M-881, as in 58568-0060 LT ROLL # 43-46-030-012-42766 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: That 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; That 2. 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; That 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; That 4. this By-Law shall take effect on the final passing thereof. th Bylaw read a first, second and third time, and passed this 16 day of July, 2014. The Corporation of the Township of Oro-Mrdonte ______________________________ Mayor, H.S. Hughes ______________________________ Clerk, J. Douglas Irwin Page 454 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... APPENDIX “A” SITE PLAN AGREEMENT - between - MARIA ELIZABETH SCALI AND JOE NICODEMO SCALI - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Lot 10, Plan 51M-881, as in 58568-0060 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE Roll # 4346-030-012-42766-0000 July 16, 2014 By-Law No. 2014-110 Page 455 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... 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 456 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... SITE PLAN CONTROL AGREEMENT th day of July, 2014, in accordance with Section This Agreement made, in triplicate, this 16 41 of the Planning Act. B E T W E E N: MARIA ELIZABETH SCALI AND JOE NICODEMO SCALI 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 (identify form of construction) 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 Plans attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 457 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... 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 $5,000.00.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. (i) The Owner agrees that prior to the approval by the Township of a Zoning Certificate for development in any location on the lands; the Owner must obtain all necessary permits pertaining to the lands from the Lake Simcoe Region Conservation Authority in accordance with Ontario Regulation 179/06. 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 and a detached accessory building, as described on the Site Plan, attached hereto as Schedule “B”. 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 4 Page 458 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... 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. 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) Preservation of Existing Vegetation Outside Driveway, Building Envelope, Access and View Restrictions The Owner applying for the Building Permit shall deposit with the Township securities as noted in Section 1 f) to ensure the preservation of existing vegetation outside the building envelope, driveway location and lake access/view location, as shown on Plans 1001, 1002, 1003, 1004 and 1005, prepared by Cole Engineering Group Ltd and stipulated on the site plans. This security deposit will be returned one (1) year from the date final occupancy is achieved and certified by the Township that existing vegetation outside the building envelope, driveway location and lake access/view location have been preserved. i) Lake Simcoe Region Conservation Authority The owner shall agree to obtain all necessary permits from the Lake Simcoe Region Conservation Authority in accordance with Ontario Regulation 179/06. The owner shall agree to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the Lake Simcoe Region Conservation Authority. j) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and 5 Page 459 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... 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. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule “E”, with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule “D” of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6. COMPLIANCE 6 Page 460 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 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 7 Page 461 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... 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 ) __________________________ ) Owner: Maria Elizabeth Scali ) ) ) ) __________________________ ) Owner: Joe Nicodemo Scali ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk ) SCHEDULE “A” 8 Page 462 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Maria Elizabeth Scali and Joe Nicodemo Scali LEGAL DESCRIPTION OF LANDS Lot 10, Plan 51M-881, Township of Oro-Medonte, County of Simcoe Roll # 4346-030-012-42766-0000 9 Page 463 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... 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 SITE PLAN Site Plan as approved by the Director, Development Services. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 10 Page 464 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... 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 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. Two Dollars ($2.00) The consideration for all conveyances shall be the sum of 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 11 Page 465 of 489 15.l) By-Law No. 2014-110:  A By-law to Repeal By-law No. 20... 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 ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $5,000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 1f) and 5 herein. 12 Page 466 of 489 15.m) By-Law No. 2014-111:  A By-law to allow Temporary Uses... The Corporation of the Township of Oro-Medonte By-law No. 2014-111 A By-law to allow Temporary Uses on lands described as follows: Part of Lot 22, Concession 8 and West Part of Lot 22, Concession 9, Township of Oro-Medonte (Oro), (Municipally known as 241 Line 7 South & 229 Line 8 South) under Sections 34 and 39 of the Planning Act, R.S.O. 1990, c. P. 13, as amended (576487 Ontario Limited -Burl’s Creek 2014-ZBA-11) Roll # 4346-010-009-05200 & 4346-010-009-07500 Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas an application has been submitted to the Township of Oro-Medonte to establish a Temporary Use; And Whereas Council deems it appropriate to grant a Temporary Use in accordance with Section E1.2 of the Official Plan; And Whereas Section 39 of thePlanning Act, R.S.O. 1990 c.P.13, as amended, in accordance with Section 34, provides the authority to establish temporary uses; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Notwithstanding the permitted uses of By-law 97-95, as amended, as they apply to lands described as 241 Line 7 South, being Part of Lot 22, Concession 8 and 229 Line 8 South, being West Part of Lot 22, Concession 9 (Former Township of Oro), as shown on Schedule “A” attached hereto, these lands may be temporarily used for overnight camping and parking accessory to temporary special events. 2. Schedule “A” attached hereto forms part of this By-law. 3. This By-law shall take effect on the final passing thereof and in accordance with the Planning Act, R.S.O. 1990, c.P.13, and is hereby repealed on November 1, 2015. 4. This by-law shall take effect on the final passing thereof. th day of July, 2014. By-law read a First, Second and Third time, and Passed this 16 The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 467 of 489 15.m) By-Law No. 2014-111:  A By-law to allow Temporary Uses... Schedule “A” to By-law No. 2014-111 for The Corporation of the Township of Oro-Medonte Lands subject to Temporary Use By-law Page 468 of 489 15.n) By-Law No. 2014-112:  Zoning By-law Amendment (Skyline... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2014-112 A By-law to change the zoning on the lands within: Part of Lot 1, Concession 4, former Township of Oro, Township of Oro-Medonte, County of Simcoe and Part Lot 1, Concession 4, former Township of Medonte, Township of Oro-Medonte, County of Simcoe (Horseshoe Valley Village) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands from Future Development 67 Exception (FD*67) Zone to Village One (V1)(H) Zone to permit residential, commercial and institutional uses; Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Section 2.0 of By-law 97-95 is hereby amended by adding a new category under “Other Zones” as follows: “Village One (V1)” 2. Section 3.0 (Permitted Uses) of By-law 97-95 is hereby amended by adding the following tables and text: “TABLE A6 – VILLAGE ONE ZONE RESIDENTIAL PERMITTED USES ZONE USE A Apartment Dwellings B Home Occupations C Multiple Dwellings D Semi Detached Dwellings E Timeshares F Townhouse Dwellings G Village Commercial Resort Units TABLE A6 – VILLAGE ONE ZONE NON-RESIDENTIAL PERMITTED USES ZONE USE A Adventure Parks FF Medical Clinics B Aquatic Centres GG Motels C Arenas HH Mountain Bike Facilities D Art Galleries II Museums E Banquet Halls JJ Nightclubs F Business Offices KK Parking Lots G Commercial Fitness Centres LL Personal Service Shops Commercial Schools MMPharmacy I Community Centres NN Places of Worship J Conservation Uses OO Post-Secondary Institutions K Convenience Retail Stores PP Private Clubs L Convention Centres QQ Private Parks M Cross Country Ski Facilities RR Private Schools N Curling Clubs SS Public Parks O Day Nurseries TT Schools, Public P Downhill Ski Facilities UU Recreational Uses Q Dry Cleaning Distribution Depots VV Restaurants R Farmers Market WWRetail outlets for the sale of alcoholic Page 469 of 489 15.n) By-Law No. 2014-112:  Zoning By-law Amendment (Skyline... ZONE USE beverages/micro breweries S Financial Institutions XX Retail Stores T Golf Courses YY Retirement Homes” U Grocery Store V Hotels W Libraries 3. Section 6.0 (Definitions) of By-law 97-95 id hereby amended by adding the following definitions: “Adventure Parks The use of land or small scale buildings where participants engage in outdoor recreational uses which are not otherwise defined within the by-law and may include but are not limited to a Zorbing park, mountain coaster, climbing wall, and skateboard park. Aquatic Centres Any artificially enclosed body of water, including a hot tub, not less than 0.4 m deep, that is intended for recreational or competitive swimming, diving, or other bathing activities. Arenas The use of land or building for establishments primarily engaged in operating sports stadiums and other sports facilities, and organizing and promoting sports events and, or in addition to, similar events held in these facilities. Establishments primarily engaged in promoting and presenting sports tournaments, in their own facilities, are included. Convention Centres The use of land or building for establishments primarily engaged in providing large or small meeting rooms for business, civic, educational, political, religious or social group or similar special functions. Curling Clubs The use of land or building for the purpose of playing or practicing the sport of curling. Farmers Market The use of land or building for the occasional or periodic activity of holding a market where food and/or new or used goods are offered for sale to the public. Grocery Store The use of land or building for establishments primarily engaged in retailing a general line of food, such as canned, dry and frozen foods; fresh fruits and vegetables; fresh and prepared meats, fish poultry, dairy products, baked products and snack foods. These establishments also typically retail a range of non-food household products, such as household paper products, toiletries and non-prescription drugs and may also include a pharmacy and limited lines of other non-food retail merchandise. Pharmacy The use of land or building for establishments primarily engaged in retailing prescription or non-prescription drugs and medicines. These establishments also typically retail snacks, cosmetics, personal hygiene products, greeting cards and stationery, and health aids, and may also include as additional retail uses confectionery, novelties and giftware, cameras and photographic supplies. Post Secondary Institutions Means a premises used for educational purposes by a college, university or adult education facility. Recreational Uses An open space or recreational area or building, other than a public park, operated on a commercial and/or private member basis, which is devoted to one or more of the following uses or activities or to a similar type of use or activity: Page 470 of 489 15.n) By-Law No. 2014-112:  Zoning By-law Amendment (Skyline... i. Accessory recreational or playground uses such as picnic area, tennis courts, lawn-bowling greens, outdoor skating rinks, athletic fields, swimming pools and similar uses; ii. Buildings accessory to the foregoing such as refreshment booth or pavilion, a marina, dining and recreation facilities and administrative offices to service the clients or members utilizing the principle private recreation use. Resort Street Means a private right-of-way that is used by motor vehicles but is not owned by the Corporation or any other public authority but is developed to municipal standards and may or may not be a condominium road. Village Commercial Resort Unit Means a dwelling unit in a building where culinary and sanitary services are provided for the exclusive use of the dwelling unit, and the dwelling unit may be part of a rental or lease management program which includes housekeeping services where the dwelling unit is rented or leased to other than the unit owner for a period of time under a rental or lease agreement program.” 4. Section 4.0 (Use Standards) of By-law 97-95 id hereby amended by adding the following table and text: “TABLE B6 – VILLAGE ONE ZONE STANDARDS FOR PERMITTED USES STANDARD Minimum lot area 0.02 Hectares Minimum lot frontage 7 metres Minimum required front yard (1) 1.0 metres Minimum required exterior side yard (2) 1.0 metres Minimum required interior side yard (3) 0.3 metres Minimum required rear side yard (4) 3.0 metres Minimum required yard for a basement of an apartment 0.3 metres dwelling (8) Minimum gross floor area (5) 50.0 sq. metres Maximum height (6) 25.0 metres Width of planting strip (7) 3.0 metres (1) The minimum required front yard for ground floor dwelling units is 5.0 metres exception ground floor apartment dwellings where the minimum shall be 2.0 metres. (2) The minimum required exterior side yard for ground floor dwelling units is 2.0 metres (3) In the case of buildings that share a common wall, the setback may be reduced to 0.0 metres (4) In the case of a townhouse dwelling or semi-detached dwelling, the minimum rear yard setback shall be 6.0 metres (5) The minimum gross floor area applies only to dwelling units. (6) The maximum permitted height for a townhouse dwelling or semi-detached dwelling is 11 metres and for a stacked townhouse dwelling is 18 metres. (7) Planting strips are required adjacent to stand alone residential, open space and boundary roads. (8) No portion of the basement shall be permitted to have an opening unless the setback meets or exceeds the minimum requirement permitted for the front, rear or side yard for the other floors.” 5. Section 5.0 (General Provisions) is hereby amended by adding the following new sections: “5.10.1 In the Village One (V1) Zone, Buildings or Structures may be erected on lands which front onto or have access to a Resort Street. Lot division may occur on a Resort Street. For the purpose Page 471 of 489 15.n) By-Law No. 2014-112:  Zoning By-law Amendment (Skyline... of definitions within this by-law resort street shall have the same meaning as public street.” “5.20.1.1.1 In the Village One (V1) Zone each required parking space in a parking area shall have a width of not less than 2.7 metres and a length of not less than 5.5 metres.” “5.20.2.2.1 In the Village One (V1) Zone, driveways that cross a front or exterior side lot line and lead to a parking area or parking lot shall be a minimum of 7.0 metres in width for two-way traffic.” 6. Section 5.0 (General Provisions) is hereby amended by adding the following new tables and text: “5.19.1 In the Village One (V1) Zone, parking spaces are required to be located on the same lot as the permitted use or within 200 metres of the permitted use. The following parking standards shall apply: TABLE C6 – VILLAGE ONE ZONE PARKING STANDARDS TABLE RESIDENTIAL USES REQUIRED PARKING Apartment Dwelling 1.25 spaces / unit 1.0 spaces / home Home Occupation occupation Multiple Dwellings 1.25 spaces / unit Semi-Detached Dwellings 2.0 spaces / unit Timeshare 1.25 spaces / unit Townhouse Dwellings 2.0 spaces / unit Village Commercial Resort Units 1.25 spaces / unit NON-RESIDENTIAL USES REQUIRED PARKING Adventure Park N/A* Aquatic Center 3.0 spaces / 100 sq m Arena 1.0 space / 5 seats Art Galleries 1.0 space / 100 sq m Banquet Hall 4.0 spaces /100 sq m Business Offices 3.0 spaces/ 100 sq m Commercial Fitness Center 3.0 spaces / 100 sq m Commercial Schools 2.0 spaces / 100 sq m Community Center 3.0 spaces / 100 sq m Conservation Uses N/A* Convenience Retail Stores 3.0 spaces / 100 sq m Convention Center 5.0 spaces / 100 sq m Curling Club 3.0 spaces / curling sheet NON-RESIDENTIAL USES REQUIRED PARKING Day Nurseries 1.5 space / classroom 10 Spaces / Acre of Downhill Ski / Cross County Skiable Terrain Dry Cleaning Distribution Depots 2.0 spaces / 100 sq m Farmers Market N/A* Financial Institutions 2.0 spaces / 100 sq m Golf Courses 24.0 spaces / 9 holes Grocery Store 5.0 spaces / 100 sq m Hotels 0.85 spaces / Room Libraries 1.0 space / 100 sq m Medical Clinics 4.0 spaces / practitioner Page 472 of 489 15.n) By-Law No. 2014-112:  Zoning By-law Amendment (Skyline... Motels 0.85 spaces / Room Mountain Bike Facilities N/A* Museums 1.0 spaces / 100 sq m Night Club N/A* Personal Service Shops 5.0 spaces / 100 sq m Pharmacy 2.0 spaces / 100 sq m Place of Worship 6.0 spaces / 100 sq m Post-Secondary Institutions 4.0 spaces / class Private Clubs 3.0 spaces / 100 sq m Private Parks 1.0 space / 4 visitors Private Schools 1.0 space / classroom Public Parks N/A* Public Schools 1.0 space / classroom Recreational Uses 3.0 spaces / 100 sq m Restaurants 5.0 spaces / 100 sq m** Retail outlets for the sale of alcohol/micro breweries 6.0 space / 100 sq m Retail Store 2.0 spaces / 100 sq m 3.0 spaces / 100 sq mor Retirement Homes 0.5 space /bed *Non-Peak Parking Uses – Ancillary to Overall Supply **Parking for a restaurant may be reduced to 3.0/100 s1 m if the restaurant has less than 15 seats available for public use. 5.19.2 Parking for the Disabled – Village One (V1) Zone In the Village One (V1) Zone the number of accessibility parking spaces required shall be calculated in accordance with the standards set out in Table D6 entitled Village One Zone Accessibility Parking Standards Table. TABLE D6 – VILLAGE ONE ZONE ACCESSBILITY PARKING STANDARDS TABLE Total Number of Required Minimum Number of Required Parking Parking Spaces Spaces for Persons with Disabilities 1 – 25 1.0 space 26 – 50 2.0 spaces 51 – 100 3.0 spaces 101 – 150 4.0 spaces 151 – and greater 2 % of total with a minimum of 5.0 spaces” 7. Section 5.0 (General Provisions) is hereby amended by adding the following new section: “5.20.1.1.2 Size Of Required Accessibility Parking Spaces Each required accessibility parking space in a parking area shall have a width of not less than 4.5m and a length of not less than 5.5m.” 8. Schedule ‘A15’ to Zoning By-law No. 97-95 as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part of Lot 1, Concession 3 & Concession 4, former Township of Oro, Township of Oro- Medonte, County of Simcoe, and Part Lot 1, Concession 3 & Concession 4, former Township of Medonte, Township of Oro-Medonte, County of Simcoe from the “Future Development Exception 67” (FD*67) Zone, to the “Village One - Holding” (V1)(H) Zone as shown on Schedule ‘A1’, attached hereto and forming part of this By-law. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. Page 473 of 489 15.n) By-Law No. 2014-112:  Zoning By-law Amendment (Skyline... By-law read a First, Second and Third time, and Passed this 16th day of July, 2014. The Corporation of the Township of Oro-Medonte: __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Schedule “A” To By-law No. 2014-112 for The Corporation of the Township of Oro-Medonte Page 474 of 489 15.n) By-Law No. 2014-112:  Zoning By-law Amendment (Skyline... Mayor ____________________ H.S. Hughes Clerk ____________________ J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE (FILE 2011-ZBA-14) Page 475 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... The Corporation of the Township of Oro-Medonte By-law No. 2014-113 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Skyline Horseshoe Valley Inc. described as lands as follows: Concessions 3 & 4, Part of Lots 1 & 2 (Oro) Township of Oro-Medonte 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: That 1. the Township enter into the Site Plan Control Agreement substantially in the form attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; That 2. 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; That 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; That 4. this By-Law shall take effect on the final passing thereof. th Bylaw read a first, second and third time, and passed this 16 day of July, 2014. The Corporation of the Township of Oro-Mrdonte ______________________________ Mayor, H.S. Hughes ______________________________ Clerk, J. Douglas Irwin Page 476 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... APPENDIX “A” SITE PLAN AGREEMENT - between - SKYLINE HORSESHOE VALLEY INC. - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Concessions 3 & 4, Part of Lots 1 & 2 (Oro) Township of Oro-Medonte \[DETAILED LEGAL DESCRIPTION TO BE INSERTED\] Date: July 16, 2014 By-Law No. 2014-114 Page 477 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... 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 478 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this _____ day of __________ 2014 , in accordance with Section 41 of the Planning Act. B E T W E E N : SKYLINE HORSESHOE VALLEY INC. 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 four storey, sixty-seven (67) unit residential condominium on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 479 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... 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 ***. 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 four storey, sixty-seven (67) unit residential condominium 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. 4 Page 480 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... 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. & I) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule “B”, as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. i) Tree Removal Identification and protection of approximately 50% of all over-storey 5 Page 481 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... 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; j) Conservation Authority \[Add in specific wording submitted by NVCA\] 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule “E”, with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule “D” of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or 6 Page 482 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) __________________________ ) Owner: ) Skyline Horseshoe Valley Inc. ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) 7 Page 483 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 8 Page 484 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... 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 Skyline Horseshoe Valley Inc. LEGAL DESCRIPTION OF LANDS Concessions 3 & 4, Part of Lots 1 & 2 (Oro) Township of Oro-Medonte \[DETAILED LEGAL DESCRIPTION TO BE INSERTED\] 9 Page 485 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... 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 Skyline Horseshoe Valley Inc. SITE PLAN Site Plan Drawing: \[FINAL SITE PLAN DRAWING LIST TO BE INSERTED\] Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 10 Page 486 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... 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 Skyline Horseshoe Valley Inc. 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. Two Dollars ($2.00) The consideration for all conveyances shall be the sum of 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 11 Page 487 of 489 15.o) By-Law No. 2014-113:  A By-law to Authorize the Execut... 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 Skyline Horseshoe Valley Inc. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION \[DETAILED COST ESTIMATE TO BE INSERTED ONCE APPROVED BY TOWNSHIP’S CONSULTING ENGINEER\] 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner **** to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 12 Page 488 of 489 18.a) By-Law No. 2014-100:  Being a by-law to confirm the pr... The Corporation of the Township of Oro-Medonte By-Law No. 2014-100 Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, July 16, 2014 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, July 16, 2014, 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. th By-Law Read a First, Second and Third time, and Passed this 16 day of July, 2014. The Corporation of the Township of Oro-Medonte __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 489 of 489