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02 04 2004 Council Agenda TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, FEBRUARY 4,2004 TIME: 7:00 P.M. ......................................................................................................... 1. OPENING OF MEETING BY THE MAYOR 2. PRA YERlCONTEMPLA TION/REFLECTION 3. NOTICE OF ADDITIONS 4. ADOPTION OF AGENDA 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Special Council Meeting of January 21, 2004. b) Minutes of Council Meeting of January 21,2004. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. CONSENT AGENDA CORRESPONDENCE: ! i a) Severn Sound Environmental Association, minutes of July 25,2003 Second ; Quarterly Meeting; minutes of October 24, 2003 Third Quarterly Meeting. b) Midland Public Library Board, minutes of November 13, 2003 meeting. c) Lake Simcoe Region Conservation Authority, minutes of December 12,2003 Board of Directors meeting. d) Orillia Public Library Board, minutes of December 17, 2003 meeting. ~ 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: a) Report No. ADM 2004-007, Marilyn Pennycook, Clerk, re: Request to Remove 1 Ft. Reserve Between Birch Road and Part of Lot 1, Concession 14. ~. b) Report No. ADM 2004-008 Jennifer Zieleniewski, CAO, re: Interview Committee, Fire Chief Position (on desk). " 13. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole Meeting, January 28, 2004. 14. COMMUNICATIONS: a) Pitch-in Canada National Office, correspondence dated January 26,2004 re: Proclamation Request, April 19-25, 2004 as "Pitch-In Canada Week". 15. IN-CAMERA: a) Jennifer Zieleniewski, CAO, re: Personnel Matter (deferred from January 28, 2004 Committee of Whole meeting). b) Jennifer Zieleniewski, CAO, re: Property Matter. 16. BY-LAWS: a) By-Law No. 2004-013 Being a By-law to Stop Up, Close and Sell the Original Road Allowance Between Lots 20 and 21, Concession 14 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 2, Plan 51 R-32464. b) By-Law No. 2004-014 Being a By-Law to Authorize the Execution of a Subdivision Agreement Between The Corporation of the Township of Oro-Medonte and Arbourwood Estates Limited (Phase III). c) By-Law No. 2004-015 Being a By-Law to Repeal By-Law No. 2003-118. .~ ; t. , , ~ J 17. CONFIRMATION BY-LAW NO. 2004-012 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT Present Regrets: SEVERN SOUND ENVIRONMENTAL ASSOCIATION SECOND QUARTERLY MEETING July 25, 2003 10:00 am at the Midland Council Chambers Bill Thompson Keith Sherman Michele Locke Tom Elliott Ralph Hough David Parks Rob Coulas Bob Coryell Mike Mayotte Mark Taylor Paul Maurice Ian Orchard Janette Anderson Laurie Schutt Minutes JAil 2 J ?IJO',( ~ Town of Midland Severn Sound Environmental Association Severn Sound Environmental Association Township ofSpringwater Township ofOro-Medonte SSEA Chair Township of Georgian Bay Severn Sound Public Advisory Committee Chair Township ofTay Town ofPenetanguishene Township of Severn Township of Tiny Environment Canada Environment Canada Wye Marsh Wildlife Centre ., ~ ~a~", ~ 1. Adoption of Agenda Keith Sherman noted that he had three additional items to add for Other Business; Site 41, Lake Superior article and FCM Guide for Municipalities. MOTION: Moved by Bob Coryell, seconded by Tom Elliott, to adopt the agenda as presented. CARRIED. ~ 2. Review of Minutes and Past Business Keith Sherman briefly updated members on items ITom the April 25th meeting: , · As per the Renewal Subcommittee -letters requesting deputations and draft resolutions were sent to each municipality. These letters summarize our request for a 5 year commitment. Tay Township passed their resolution on June 18th with provisions that a Business Plan be provided and subject to budget approval. We either have dates for other deputations or have been informed that only a letter is required ITom some municipalities. Keith Sherman gave a deputation to the Town ofPenetanguishene last Wednesday. · City of OriIlia - Mayor Stevens has asked for a letter requesting their participation this letter is in preparation. · A deputation for Oro-Medonte could only be arranged on September 10th which would require a decision being made almost immediately. The draft resolution already provided to the municipality may help expedite the process. · Additional partnership issues - Arrangement of a teleconference between Laurie Schutt, Keith Sherman, Danny Epstein and Simon Llewellyn has yet to be arranged due to scheduling issues with the two EC Directors. · Environment Canada's support for SSEA is solid (verbal) but there is nothing in writing yet. · Keith Sherman spoke to Garfield Dunlop's office to inquire who we would approach about getting the Province back at the table. To date, we have in- kind support ITom a number of Provincial agencies - but no cash yet. MOE and MNR are excellent project partners. · Keith Sherman made a presentation to the Rotary Club of Midland recently and requested a small funding donation toward our website - asked for $500 per year for 5 years. We are awaiting their decision. · Keith Sherman also acknowledged the incredible support that we have received ITom Compusolve for all of our online needs. · Re: Planning Agreement with County of Simcoe - this is still under discussion · Planning issues within the boundaries of our municipal partners - smaller ones are done as a courtesy and part of our partnership - larger ones are charged back. MOTION: Moved by Bill Thompson, seconded by Paul Maurice, to adopt the April 25, 2003 minutes as presented. CARRIED. 2 \Oq .. :) 3. Second Quarterly Report for 2003 Approval of Report Revenues: . The amount of$8,750 has been invoiced to Environment Canada . Recoveries - cheques arrived just after the report was completed - they will be included in the next quarterly report. Expenditures: . The undistributed amount is not accurate Keith Sherman's salary has not been distributed to individual projects and other accounts yet. . Databases - there is more time being spent on the databases and some of the amount hasn't been distributed to individual projects. MOTION: Moved by Mike Mayotte, seconded by Bob Coryell, to approve the 2nd Quarter Report as presented. CARRIED. Approval of Cheque Register Bill Thompson noted that consultants, Dixon Hydrogeology, are issued large cheques for their services for the Groundwater Study and added that the SSEA has been doing a service for member municipalities and the MOE by acting as administrators of this project with no funds allocated to the SSEA for the work being done by this office. Bill Thompson would like the Province/MOE to be made aware of how much work is being done for "free" by the SSEA. Tom Elliott agreed, stating that MOE is getting a "very good deal". Keith Sherman stated that a significant amount of his time, over the past year, has been spent on this project however, there are 31 Groundwater Studies going on in the province and all of the lead organizations are in the same situation. The agreement clearly stated that someone outside the organization could be hired to work specifically on the Study, which we did, but the lead organization cannot bill for their time. Rob Coulas asked if we could make the province aware ofthe amount oftime that was spent on the project and could not be billed. Keith Sherman stated that he is anticipating a "Stage 2" type of project with the Groundwater Study and noted that reimbursement requests will be included in the approach to maintain a long-term ground water monitoring strategy and plan. ACTION ITEM: Keith Sherman will tally up his time spent on the Groundwater Study, summarize and report the results to the SSEA members. I ~ Ralph Hough suggested that a letter be drafted, stating the costs and expenses incurred by the SSEA for this project, and that these costs should be taken into consideration be allowable expenses - now and in the future. Members gave unanimous support and 3 \ OCi\ -4 agreed in principle to a letter drafted by Keith Sherman to MaE, requesting reimbursement for administrative expensed for the current Groundwater Study and any future projects. ACTION ITEM: Keith Sherman will draft a letter to MaE outlining the cost to SSEA for administration of the Groundwater Study and request that those costs be allowable expenses in any future agreements. Bob Coryell questioned one item in the Cheque Register; the invoice payable to Classic Party Services ftom the Annual Partner's Reception was allocated to the Fish Communities account. He asked if it was paid out of the wrong account or if it was an accounting error. ACTION ITEM: Keith Sherman will examine and clarifY what account should be used for this expense. MOTION: Moved by Bob Coryel~ seconded by Tom Elliott, to approve the Cheque Register as presented, subject to clarification of the ledger account used for Classic Party Services. CARRlED. Forecast of Revenues Keith Sherman briefly updated members on a few projects: An agreement has been signed with the Wye Marsh to deal with the Elcan funds. The Recoveries show the direct funds payable to SSEA to support the work that we are doing for the project. The contract has been extended to December 2003 at which time we will have executed the court order. There are proposals into MaE, that fall under the COA agreement, for sediment surveys. There are a number of ongoing and future projects that fall under $7,500 - CALDECH is a local ftancophone organization and we reviewed one of their sites for environmental quality. MOTION: Moved by Paul Maurice, seconded by Bill Thompson, to approve the Forecast of Revenues as presented. CARRlED. Second Quarter Activity Summary J The quarterly activity summary was distributed to members, outlining the ongoing programs and projects of the SSEA office. As well as the regular monitoring programs a number of additional activities were highlighted such as a presentation to IAGLR by Keith Sherman in Chicago, an Economic Study with Environment Canada that outlines the economic benefits of stewardship projects in Severn Sound, membership in a new 4 \Oc\- 1 networking group called Eco-Health Simcoe, and DFO consultations and reviews on various projects/sites. Tom Elliot inquired about our ongoing involvement in the Orr Lake e1k farm. Keith Sherman noted that MOE and OMAF are involved and a report should be forthcoming. As well as sampling, the SSEA has been working with the landowner. Based on the number of livestock units (calculated by OMAF), the density is low enough that they aren't required to have a nutrient management plan but the regulations aren't out yet there are no set guidelines. The lay of the land aggravates the situation. Contamination was leaving the site, historical land use has changed so there is problems with drainage and so actions that could stop the flow off-site were discussed with the landowner. The Activity Summary was received as information. 4. SSEA Renewal and Business Plan A copy of a draft resolution for Councils and a copy of a municipal portion summary (with Orillia included and without) were distributed to members. Keith Sherman noted that members must look at the possibility of increasing the municipal portion to $100,000 from $80,000. The original amount of $80,000 has held since 1997 but our costs have increased over the years. There will be a new budget drafted and each item on the budget will be adjusted to reflect a more accurate cost/ budget amount. Members were concerned with an immediate $20,000 jump for municipalities. Keith Sherman acknowledged their concerns and asked to reconvene the Renewal Subcommittee to provide a 5 year picture of the budget and Business Plan. Ralph Hough agreed to reconvene the subcommittee and a date for that meeting will be set today after the Quarterly meeting. Keith Sherman has set up a round of deputations to Councils, presenting the concept of a 5 year renewaL Ian Orchard will pursue a long-term commitment from Environment Canada - in writing. He noted that the Sustainability Plan is a long, long term plan and EC will also pursue other funding partners. Mark Taylor noted that in the second paragraph of the draft resolution for Councils it states that "eight" municipalities and inquired if that number is fixed. Keith Sherman stated that we are currently dealing with municipalities within the watershed but added that the new Business Plan should reflect that we will venture outside the watershed because our base of expertise can be expanded to those not under a Conservation Authority or those that require our specialized services. Ralph Hough agreed that the second paragraph could be changed to remove the number reference. ! \ 5 l D~ - \J; Ian Orchard added that the Sustainability Plan needs to be part of the new Business Plan. He noted that we are at the forerront of Sustainable Communities and parts of Severn Sound fall into FedNor boundaries. The levels of support rrom EC will continue, evolve and new partners will be found. Keith Sherman stated that he has been talking to other organizations about their long term plans such as the Couchiching Conservancy. Their plan is very strategic. Keith Sherman suggested that members consider an outside facilitator to help with our Business Plan. Ralph Hough noted that we have until April to complete the Business Plan so the timing is right for a facilitator. Ralph Hough asked members to forward the names of potential facilitators to Keith Sherman. 5. Other Business RAP Tabloid - The SSEA office has been working on a tabloid that explains the RAP process, the current role of the SSEA and thanks a list of over 1,300 individuals and businesses who contributed to the RAP rrom 1987 to the end of2002. This tabloid will be distributed in the Midland Mirror and Orillia Today and extra copies will be made available. Site 41 Review The SSEA was asked by the Township of Tiny to review surface water quality around Site 41. Documents were reviewed, including information on the McDonald Creek sub-watershed of the Wye River. The SSEA review listed surface water contamination concerns and what the county could do to mitigate those concerns. There have been two other reviews 1) MOE has conducted a peer review, reviewing the operation and development of the site and 2) the community monitoring committee has also done a peer review. Tom Elliott noted that there is still a lot of public concern. Paul Maurice added that a list of over 200 outstanding issues has been sent to the County to date. Keith Sherman stated that everyone is waiting for the County to respond to all of the information rrom the reviews. I The SSEA review stated that with the design concept, it needs to be situated on a clay plain and requests that surface water monitoring for flow and quality should start now and continue long-term. Rob Coulas expressed concerns for surface water contaminants, storm water and leachate - he noted that there will be a pulse - and inquired if there are current E. coli counts on file. Keith Sherman stated that we have background information that precedes our rural water quality improvement projects in the area but a measurable influence needs to be found and there are gaps in the information that need to be filled. Rob Coulas noted that the Public Advisory Committee has discussed Site 41 and members inquired if it could be operated as a more modern facility, with options such as separation of organic matter. PAC members agreed that the public needs to be more aware of where we put the waste and how we handle it. ., Ian Orchard added that this is a sustainability issue that could be addressed through the sustainability plan. 6 \()~ -l Tom Elliott inquired about incinerators. Ian Orchard noted that there is new technology in waste but laws and/or lack of laws in Ontario have deterred any advances - however, the use of new technology has increased in other countries such as the Netherlands. Environment Canada is working with the Netherlands which has alternate methods in use. History of Lake Superior Regulations article - This article, found in the Journal of Great Lakes, deals with water levels. It concludes that Lake Superior is at the level it is because the power generation companies and Sault Ste Marie wants it there. There is talk on both sides of the border of making the drain bigger which will decrease water levels across the board. These talks and how everything is handled will affect Severn Sound. Federation of Canadian Municipalities Guide for Municipal Governments - Severn Sound has been included in this guide as one of the case studies. 6. Next Meeting and Adjournment The next meeting is scheduled for Friday, October 24, 2003. The Renewal Subcommittee will meet at the Town of Midland, Board Room B at lOam on Friday, August 22,2003. (please note: meeting has been rescheduled to Friday, September 12, 2003 at lOam in Board Room B, Town of Midland). MOTION: Moved by Tom Elliott, seconded by Mark Taylor, to adjourn the meeting. CARRIED It i 7 SEPT ::'9, 2003 10:50 am Town of Midland PAGE: 69 COUNCIL CHEQUE REGISTER PAULINE QUESNELLE SEVERN SOUND ENV.ASSOC. DEPT.S522 -- -------'---.--..--- - -...--.------ -- ---------.------- - ------ -- ---..------. -- -----.-....---.-.----- CHEQUE CHEQUE DATE VENDOR NAME MULTIPLE DISTRIBUTION PAYMENT MIOUNT ______________________________________________________-----------__-___0-_.___----- 008211 SEP 04 BELL MOBILITY AUG.l/03 JULY CELLULARS 008215 SEP 04 COMPU-SOLVE TECHNOLOGIES INC. 384211 SEPT. INTERNET 008216 SEP 04 THE CO-OPERATORS SEPT.03 SEPT.LIFE & LTD ~ 008222 SEP 04 FIRST FOR SAFETY 201765 RUBE: I NG ALCOHOL FIRST AID/CPR TRNG ttl.52 201789 ::90.7',"/ 008231 SEP 04 HURONIA OFFICE SERVICES LTD. MIDLAN/JULY 03 JULY SUPPLIES J08233 SEP 04 INDUSTRIAL ALLIANCE PACIFIC {"',\"Ut"",T ^.~\ ;:::,c r I "~.}:; SEPT\~AD 8: D J08234 SEP 04 JEFFERY'S PRO HARDWARE 6B6/JULY 03 JULY SUPPLIES :;'08;~36 SEP <14 LINK LA.F'. INC. SEPT/OJ SEPT ~,E.\ A" f'. J08238 SEP 04 MARITIME LIFE SEPT.03 SEPT. HEALTH/DENTAL )08258 SEP 04 THE SARJEANT CO. LIMITED 30740/JULV 03 JULY FUEL J08277 SEP 04 WYE MARSH WILDLIFE CENTRE WVE 03-00181 WTR.SMPLG#REIMBURSE WYE 03-177 SEPT. SITE EXP. 6~()(>OI:OO i,155.60 :;'08282 SEP 04 CENTRAL ONTARIO ANALVTICAL 6435 TINY BCH.PROJ. )08288 SEP 04 HTS COMMUNICATIONS 00022204 NEW CELL PHONE )O~290 SEP 04 MICHELE LOCKE MAY-SEPT 03 MAY-SEPT MILEAGE '\0 (,n, .' ~.:...'lQ SEP 04 SCOTT A. MARTIN/WILD CANADA WC-2003-113 PLANTS FOR WETLANDS 31,..28 ::2 n 5::: ;::::::2u :::4 456~2? /:._9 1.36 8~96 93:;~:9 9.~ 99 6f5b n '7'0 3~)6v15 I> 1':i5.60 J.--;6"??~23 ;~8H 70 295~. 40 1~853,,78 \ ()~ "- ~ /..... .' AUG. 2';'- , 200:3 1 t'(~ :34 .am TI;)wn I;)f 1"1 i d I and \(' ~ COUNCIL CHEGJUE REGISTER UG. - , SEVERN SOUND ENV.ASSOC. DEPT.S522 PAGE: 7 C PAULINE QUESNELLZ ------------------------------------------------------------------_._----~------- CHEGIUE CHEGIUE DATE -----------------------------------------------------------------.---------------. 2,720.00 007856 AUG 07 1 0:3-001 007877 AUG 14 :::<7/':.21 :::: :37e.261 VENDOR NAI'1E r'IUL T I PL.E DISTHIBUTION ECONOI'1IKA ECONOMIC STUDY COMPU-SOLVE TECHNOLOGIES INC. AUG INTERNET ADJ MAY-JULY INTERNET 2~::: . :;::() 12 " ::::.::}. 007878 AUG 14 THE CO-OPERATORS 6743-009/AUG 03 AUG. LIFE & LTD 007880 AUG 14 -::~I:~: 0078:=:2 AUG 14 :31200010 :::: 12()()c)52 E.L.M" CATERERS I'1TG. EXPENSE FULL LINE ELECTRONICS INC. EXT.CABLE,PRTR.CARTRIDGES EX T . CABLE S:ET I D 1::;::1.07 1 4- . 9!:;C~H 007895 AUG 14 LINK E.A.P. INC. AUG. 2003 AUG.E.A.P. 007898 AUG 14 MARITIME LIFE AUGUST 200:::: AUG. HEAL TH ,~': DEi'.ITAL 007914 AlIG 14- 17 iS71 NORTH SIMCOE TOOL & MFG. ~;TEEL DISCS 007949 AUG 14 WYE MARSH WILDLIFE CENTRE WYE03-157 AUGUST SITE EXPENSES 007963 AUG 14 ECONOMIKA 2 03-001 ECONOMIC STUDY 007969 AUG 14 GEORGIAN BAY WETWOOD JULY 29/03 SAMPLING OO'"t';.;'71 AUG 14 47092 470'72-1 HOSKIN SCIENTIFIC LTD. SAMPL INS EGIU I P . SAMPLING SOLUTION 1i.:.:'O. ';:.',..;. ~/.:' II ""1-1 007980 AUG 14 PAGE GRAPHICS 070311 WYE MARSH PROJ. 007987 AUG 14 BOB WILSON P353815 FUEL TANK 008021 AUG 21 HURONIA OFFICE SERVICES LTD. MIDLAN/JUNE 03 JUNE SUPPLIES PAYMENT AI"IOUNT 4Li4 ::::51 ~ 2';"1 ';;:'0.00 - 116.12 ~J $; 'i}~J !::.,5!S " .;;, 4 !:;i 1 7 . 50 1, 1f.55. 60 3 , ~::/ 46 . 00 1~5() " ()f) 1 ::;7 11 :37 5,000.00 5::::2 . 5(i t" I .:;:. 1 I=j l~. & ~-. ~ "'"- - , ~1... .1, 2003 . '1.. ~BaD\ TOHn of Midland PAGE: 76 COUNCIL CHEQUE REGISTER PAULINE 9UESNELLE SEVERN SOUND ENV.ASSOC. DEPT.S522 -----------------------------------------------------------------------.--------- CHEQUE CHEQUE DATE VENDOR NAME MULTIPLE DISTRIE:UTION PAVMENT AMOUNT \Dy-\O -------------------------------------------------------------.-----------.-------- 007307 JUL 03 FULL LINE ELECTRONICS INC. 3091 CASSETTES 34.47 007373 JUL 10 THE CO-OPERATORS JULY 03 JULY LIFE 8 LTD 351..29 007394 JUL 10 LIBERTV HEALTH JULV 03 JULY HEALTH a DENTAL 656.90 O~7396 JUL 10 LINK E.A.P. INC. JULY 03 JULY EAP 9.99 007464 JUL 10 KEITH SHERMAN JULY 03 IAGLR CDNF.EXP. 799.09 007488 JUL 17 COMPU-SOLVE TECHNOLOGIES INCN 363678 JUNE INTERNET 368379 JULY INTERNET 56.60 28.30 28,,30 007496 JUL 17 FULL LINE ELECTRONICS INC. 4676 SHORE WATCH 80.48 007507 JUL 17 686/JUNE 03 636/MAY 03 JEFFERY'S PRO HARDWARE TEES,PLUGS,NUTS,BLTS. MAY SUPPLIES 174.08 37.24 136.3-4 007517 JUL 17 MAIL BOXES ETC. 1192 PRINTING 360.81 007523 JUL 17 TOWN OF MIDLAND 455/7623 2ND QTR.PROCESSING 753.07 007552 JUL .17 WVE MARSH WILDLIFE CENTRE WVE03-00144 SAMPLING REIMBURSE WVE03-0119 JULY SITE EXP. 21",155.60 20,000.00 1., 155.60 007564 JUL 17 ROBERT COULAS JUNE 23/03 DATA ANALVSIS 475.00 007568 JUL 17 THE DRAFTING CLINIC CANADA LTD 0205822 GW PROJECT SUPPLIES 113.07 007574 J JUL 17 JULY 8/03 JUNE 17/03 GEORGIAN BAY WETWOOD JULY SAMPLING JUNE SAMPLING 1,852.50 950.00 902.50 007577 JUL 17 HALL TECH ENVIRONMENTAL INC. 241851 DATA CABLE/SED PRDJ. 57.77 Forecast of Revenues for 2003 as of October 24, 2003 SSEA Revenues \()~-\\ Project Year Source Request 'Community" "Projects" 'Recoveries" Status P-control Urban Stormwater 03 Midland 20000 2000 C N Simcoe RWQ 02103/04 HF 505000 C 03 Sevem Twp 10000 C 03 Ramara Twp 10000 P 03 SCFA 1000 C 03 NSSCIA 1500 C 03 SCCF 800 P 03 Einbridge 1250 P 03104 CFIP/CWIP 4000 P Habitat Hog Ck habitat analysis 03/04 MNR-P&E 10000 1000 C 03/04 DFO 12000 1200 C Sucker Ck Bioinventory 03 Penetang 3029 246 2783 C Midland 1631 132 1499 C Trib Rehab 03/04 MNR 32000 3200 C Trib Fish Barriers Inventory 03/04 COA-EC-MNR 14000 700 6650 C.P Wetland Restoration 03104 CFIP/CWIP 2000 P 03/04 Landowners 2000 P 03/04 CWS 3000 C Historical Wetlands GIS 03/04 GLSF 15300 1530 13770 P Natural Shorelines demo 03/04 TSW 10000 1000 C Wye M - Elcan Project 03 Elcan Court Award 25000 6664 C Habitat Restoration & Sustainability 03/04 DFO 32000 3200 C Pollution Prevention EGB Consultation 02103 MNR-GLHC 13500 1350 2000 C GL Toxies Mgt Strategy 03/04 EC-EP 20000 2000 10000 C Sustainability Proj 03/04 EC-EP 17000 1700 15300 C Tiny Beaches Survey 03 Munic 35000 1649 16490 C EGB Sediment Quality 03/04 COA-MOE 48122 4104 8160 C Planning Plan Review 03 county 5000 5000 C 03 Munic 5000 5000 C Munic. Ground w Study 03 MOE 512000 0 C 02 Munic 90000 C Mapping services 03 Munic 500 500 P 03 Community 100 100 P CALDECH 03 CALDECH 7500 7500 C,P LCouchiching Survey 03 Munic 34566 3142 7424 C Economic study 03104 GLSF 30000 Monitoring PGMN 03/04 MOE-EMRB 27500 2500 C 03 Munic-SSEA Shore Watch 03 HCF 15000 750 3500 C,P COA Monitoring-beaches 03/04 COA-MOE 5100 510 P COA Monitoring-beaches 03/04 COA-MOE 21500 2150 P Trib Flow 03/04 ECIMNR 24900 P 03 Sevem 4280 C 03 Orillia 4280 C Trib Fish Biomass 03/04 MNR 7000 700 C Fund Raising 03 10000 1027.99 t. Totals 1653358 8627.99 30263 109240.4 Target 20000 25000 35000 P Proposed C Comitted 1532558 3850 136423.4 78145.4 D Defered R Rejected . . . . . . . . I . . . . \\J~-\~ Severn Sound Environmental Association Implementation Office Activity Report 3rd Quarter - October 2003 July 2003 · Trent Severn Waterway projects . compiled detailed infonnation on Wetland Rehabilitation Projects for economic study . initiated Bass Lake/Orr Lake Naturalization Project (CFWIP funding) · Sucker Creek/Midland Point Swamp Wetland Evaluation field work · Eco Health Simcoe meeting · Tiny Beaches Project . coordinated Ontario Stewardship Rangers and additional volunteers to implement planting at Wildwood By- The-Severn (Trent-Severn Waterway naturalization project) July 7th . shoreline naturalization - planting project at Scout Park in Midland (200 wildflowers) - July 16th . organized, hosted & presented at Shorelines Workshop July 19th · planted -650 tree, shrubs, vines & wildflowers as part of Trent Severn Waterway projects . compiled detailed infonnation on Wetland Rehabilitation Projects for economic study · initiated Bass Lake/Orr Lake Naturalization Projects (OMNR CFWIP funding) · Sucker Creek/Midland Point Swamp Wetland Evaluation field work · work continued on T oxics Strategy and Sustainability Plan · Open Water Monitoring · Beach Monitoring August 2003 Vinden Stonnwater Pond Project Tiny Beaches Project Shoreline Watch Project with Huronia Communities Foundation W aterfest Weekend - display presented Natural ShorelineslNative Plants at Gloucester Pool Cottage Association August 16th Sucker CreeklMidland Point Swamp Wetland Evaluation field work created text for Shoreline Naturalization sign for Scout Park in Midland presented Natural Shorelines project to Midland Communities in Bloom judges field component of Wye Marsh Buckthorn project work continued on Toxics Strategy and Sustainability Plan Open Water Monitoring Beach Monitoring \o~ - \) September 2003 · Land Management Use Report - Draft Completed and out for technical review · Tiny Beaches Project . display at Wye Marsh Festival September 20th & 21st · Sucker CreeklMidland Point Swamp Wetland Evaluation field work · Tiny Township Stonn Event sampling September 15th and 22nd · coordinated Guides/Brownies/Sparks and additional volunteers to implement planting at Lock 45 (Trent-Severn Waterway naturalization project) September 23rd [270 native trees, shrubs, wildflowers &. grasses] · reviewing GolfCourse/Housing Development proposal for Tay Township · submitted funding applications to Great Lakes Aquatic Habitat Network and Fund and Fisheries and Oceans Canada · preparation and distribution of non-toxic shot information packages (as requested through non-toxic shot hotline) · prepared a draft report for Wye Marsh Buckthorn project · media coverage: North Simcoe Community News Fall 2003 · work continued on Toxics Strategy and Sustainability Plan · Open Water Monitoring · Beach Monitoring , 2003 Visitors January February March April May June July August September Total \D~ -\ L\ Severn Sound Environmental Association Web Site Statistics - January to September 2003 3357 3149 4494 3716 3725 3464 3845 3575 4742 34067 # of Page domain description 56.nl Netherlands Hits 8.nz New Zealand 169.org Non-Profit 1 .af Afganistan Organizations 3.ar Argentina 12.no Norway 85.au Australia 2.ph Philippines 9.at Austria 99.pl Poland 38.be Belgium 14.ro Romania 1.bz Belize 11 .sa Saudi Arabia 15.br Brazil 4.sg Singapore 1 .cI Chile 11 .za South Africa 2.cn China 16.se Sweden 1 .cr Costa Rica 18.ch Switzerland 2.hr Croatia 3 .tw Taiwan 1 .cz Czech Republic 3.th Thailand 66.dk Denmark 1 .tt Trinidad and 13.ee Estonia Tobago 3.fi Finland 1.ug Uganda 52 .fr France 52.ae United Arab 80.de Germany Emirates 692.uk United Kingdom 8.gr Greece 135.us United States 22.hu Hungary 4.uy Uruguay 1 .ir Iran 297 .edu USA Educational j 7.ie Ireland 104.gov USA Government 5 .il Isreal 14.mil USA Military 22.it Italy 31868 .com .net North America 26.jp Japan .ca 2.my Malaysia 6.mx Mexico 1.ma Morocco Severn Sound Environmental Association 2003 Revenues (1) as at September 30, 2003 Collected 2003 or Invoiced Remaining Budget to Date Federal $35,000 $26,250 $8,750 Municipal (2) 80,000 40,000 40,000 Tiny 5,425 4,069 1,356 Penetanguishene 9,994 7,496 2,499 Midland 17,944 13,458 4,486 Tay 14,375 10,781 3,594 Sevem 8,641 6,481 2,160 Oro-Medonte 12,050 9,038 3,013 Springwater 5,993 4,495 1 ,498 Georgian Bay 5,578 4,184 1,395 Community/Private 20,000 2,425 17,575 Projects (3) 25,000 17 , 156 7,844 Recoveries (4) 35,000 1,036 33,964 Prior Year Surplus/(deficit) -1,909 TOTAL REVENUES $195,000 $104,958 $88,133 (1) Revenues related directly to the Environmental Association which do not include project funds (cash and in-kind) from partners. (2) Municipal share is based on 1998 assessment. (3) Projects administered by the Association (10%). (4) Work done by the SSEA Office for the Partners and/or others. \(j~-\') ( \()<;-ilD Severn Sound Environmental Association 2003 Expenditures as at September 30, 2003 Budget 2003 Total 2003 Deliverable Code Budget To Date Balance Administration Undistributed Salaries & Benefits $17 ,ODD $9,535 $7,465 Overall Coordination 30,000 30.000 0 Secretariate to Assoc. 1137 10,000 2,638 7,362 Treasurer expense 5,000 2,290 2.710 Travel expense 2320 5,500 2.935 2.565 Conference expense 2310 3.500 3.782 -282 Meeting expense 2305 1.200 512 688 Printing 2445 1,500 348 1,152 Supplies & equipment 4,444 4.768 -324 Software upgrades & maintenance 5140 2,000 285 1.715 Hardware upgrades & maintenance 5141 3,000 3,084 -84 Sub total: $83,144 $60.177 $22.967 Site expenses at Wye M. Space 3740 $5,191 $3,894 $1,297 ReceptionlFaxlPhone 2420 3,399 2.549 850 Photocopy 2441 2,603 1,954 649 Postage 2410 2,163 1,822 541 Sub total: $13.356 $10,019 $3.337 Prepare and Maintain Databases farm database 5103 1.000 360 640 trib rehab database 5104 1,000 470 530 fish habitat database S105 1,000 0 1,000 GI5 base coverages S106 19,000 20,713 -1,713 Sub-total: $22,000 $21,543 $457 Data Analyses Requests and Reviews 5204 $10,000 $5,000 $5,000 Sub-total: $10,000 $5.000 $5,000 Produce Reports Annual Report S301 $2,000 $500 $1.500 Sev 50und Restoration Status Report 5302 3,000 2.000 1,000 Open Water Quality Status Report 5307 500 500 0 Tributary Flow and Quality Report 5309 1,000 0 1,000 Sub-total: $6,500 $3,000 $3.500 Documentation Complete IJC and COA documentation 5401 $2,000 $1,750 $250 Project Proposals&reporting S402 20.000 15.000 5,000 Sub total: $22,000 $16,750 $5,250 Monitoring Open w. monitoring: 5531 sampling $7,000 $7.198 -$198 zoopl analysis (contractor) 3,500 0 3,500 Tributary monitoring: S535 sampling 6,000 9.812 -3.812 flow stations 0 -8.560 8,560 Sub total: $16,500 $8,450 $8,050 Public Involvement 5ecretariate support to PAC S601 $4,000 $2.089 $1.911 Communications 5701. Developing communications materials 0496-2210 $16,000 $16.378 -$378 Displays and events 2435-2448 1,500 0 1,500 Sub total: $17 ,500 $16.378 $1,122 J Total: $195,000 $143,406 $51,594 FINANCIAL SUMMARY FOR 2003 Budget Actual Remaining Revenues $195,000 $104,958 $90,042 Expenditures -195,000 -143,406 -51,594 Balance to date $0 ($38.448) $38.448 Present Regrets: SEVERN SOUND ENVIRONMENTAL ASSOCIATION THIRD QUARTERLY MEETING October 24, 2003 10:00 am at the Midland Fire Hall Bill Thompson Keith Sherman Michele Locke Tom Elliott Ralph Hough David Parks Bob Coryell Mark Taylor Paul Maurice Rob Coulas Janette Anderson Laurie Schutt Mike Mayotte Ian Orchard Minutes /~(:X-~-Il ~'- i"~,~ ", : :jl' /fl.., '1) JAN . ~!i / 2 J 2tA ! ORO"k1~ Yl4 ---, "'O~~",:;.pON.,.f:'- '~'JtIP ~ '~-,-. --.. Town of Midland Severn Sound Environmental Association Severn Sound Environmental Association Township of Springwater Township ofOro-Medonte SSEA Chair Township of Georgian Bay Township ofTay Township ofSevem Township of Tiny Severn Sound PAC Chair Environment Canada Wye Marsh Wildlife Centre Town ofPenetanguishene Environment Canada ( 1. Adoption of Agenda There are two additions to the agenda, the County of Simcoe Planning Agreement and the Severn Sound website. MOTION: Moved by Paul Maurice, seconded by Mark Taylor, to adopt the agenda as presented. CARRIED. 2. Review of Minutes and Past Business Review of Minutes Re: ACTION ITEM: Keith Sherman will tally up his time spent on the Groundwater Study, summarize and report the results to the SSEAmembers. (2nd Quarterly Meeting July 25,2003) Keith is still spending time on this project. MOE intends on summarizing the findings when the project is completed and he will report back to SSEA members at the next meeting. Re: Reception invoice allocation - it was miscoded and has been corrected. Bill Thompson noted that the past meeting minutes were only presented to members now and expressed his disapproval. Keith Sherman apologized and assured members that they would have the minutes out at least 2 weeks before the next meeting. MOTION: Moved by Bill Thompson, seconded by Bob Coryell, to adopt the July 25, 2003 minutes as presented. CARRIED. Past Business The SSRAP newspaper insert was completed and distributed through the Midland Mirror and Orillia Today on Labour Day weekend. Copies will be sent to each municipality. ~ Members inquired about Site 41 and ifthere were any updates from the County. Keith Sherman noted that the County has received all available reports and reviews but there hasn't been a formal response from them yet. MOE has not released a C of A. Paul Maurice added that the County must meet approximately 172 action items. Tom Elliott stated that the Township ofSpringwater received a letter from Garfield Dunlop, asking them for comments on Site 41. There was a brief discussion about landfills, incineration and waste diversion. Ralph Hough noted that landfills are always met with "Not in My Backyard" arguments in any municipality. Bill Thompson is in favour of an incineration \0 v... -- \~~ 2 program noting that some European countries rely heavily on incineration. He also added that we should look at other alternative methods. Keith Sherman stated that with incineration there is a residue and those ashes have to be put into a special landfill site. He added that Ian Orchard :from Environment Canada is currently in the Netherlands exploring other waste systems. Paul Maurice is in favour of a high diversion recycling system. Tom Elliott is concerned about the Elmvale water supply and how Site 41 will affect aquifers. Keith Sherman noted that on two occasions Dixon Hydrogeology has stated that Site 41 will not impact the Elmvale water supply because the aquifer flows in the opposite direction. 3. Third Quarterly Report for 2003 Approval of Report Revenues: During the third quarter, the SSEA has invoiced or collected $104,958. Projects: Many ofthe project invoices have just gone out. Recoveries: Keith Sherman has met with the Town of Midland Treasurer and worked out a procedure to account for recoverables. Some recoverables have not been brought forward - this current statement is not complete. Ralph inquired if we will meet year end revenue projections. Keith anticipates that we should meet the revenues budget including CommunitylPrivate funds :from organizations such as CALDECH, Rotary Club of Midland, Huronia Communities Foundation and the sale of publications. Ralph Hough suggested that publication sales be allocated to another account. Expenditures: We are expecting some funding :from the province to offset the costs of sampling and open water monitoring. There is currently a deficit of$38,448 that will turn around when recoveries are allocated properly and funding arrives. Tom Elliott inquired about the flow stations expense. Keith Sherman noted that three stations will be listed on the invoice when it arrives but he is unsure of what future funding will be available :from provincial and federal government agencies. MOTION: Moved by Bob Coryell, seconded by Mark Taylor, to approve the 3rd Quarter Report as presented. CARRIED. , (j c,-- (9 c 3 Approval of Cheque Register (OG- -J(j Mark Taylor inquired about Page Graphics and Economika invoices - Keith explained that Page Graphics was one of the contractors for the ElcanlWye Marsh/SSEA project. The SSEA has now completed 95% of our share of the work for that project. Economika is a contractor for an economic study with the Great Lakes Sustainability Fund that is outside the SSEA budget. The time we spent will go into recoveries and 10% of that project goes into our projects as administration. Bill Thompson asked why $20,000 from the sampling budget has gone to reimbursement payments for the Wye Marsh. Keith Sherman explained that the amount is a compilation of invoices for certain projects which the money goes to the SSEA but is paid through the Wye Marsh. Invoices for aerial photographs are for two projects: Wye Marsh and Tiny Beaches. MOTION: Moved by Paul Maurice, seconded by Bob Coryell, to approve the Cheque Register as presented. CARRIED. Forecast of Revenues Keith Sherman added that he has a verbal agreement with MOE/COA for beach and open water monitoring but noted that these funds won't be confirmed until we have a written agreement. There are also two additional projects that are not listed in the forecast: 1) Sustainability Plan and Toxics Inventory- agreements were signed today and; Habitat Restoration Project with DFO for wetland restoration. Keith Sherman noted that we need to look at a strategy for protecting fragile lands, wetlands and old forests in the 5 year Business Plan. Keith Sherman anticipates that we will exceed target amounts on projects and recoveries by the year end and noted that we have committed projects for $1.5 million. The Forecast of Revenues was received as information. 3rd Quarter Activity Summary The Activity Summary was received as information. , 4. SSEA Renewal and Business Plan Current provincial and municipal elections were discussed. 4 Ralph Hough noted that there will be a period of uncertainty within municipal governments and suggested that formal presentations to new Councils regarding the renewal should wait however, SSEA staff should continue with a strategy to get the province back to the table. Keith Sherman stated that he has initiated and set up a meeting with Paul DeVillers in November to discuss renewal issues. He is also sending letters to Simon Llewellyn and Danny Epstein regarding base funding from Environment Canada for the next 5 years. The RAP process still has responsibilities to follow up for which base funding is needed. Keith Sherman noted that we have resolutions from all municipalities and we are now developing a Business Plan. Keith has been asked to send a letter to the City of Orillia regarding their possible inclusion for the next renewal. Based on current data, their assessment would be approximately $5,000. We are already working on a number of projects with the city including the Silver Creek flow stations, stonnwater management, Municipal Groundwater Study and Lake Couchiching monitoring and found 2/3 of the funding for those projects. The letter to the City of Orillia will be circulated to members. The proposed budget for the 5 year plan calls for municipal funding of$90,000 for next year and then would grow over the 5 years to account for increasing costs. Keith Shennan will send the confirmed amounts to everyone for their budgets. Notes from the Renewal Subcommittee were distributed to members. It was noted that the SSEA will be dealing with some new issues involved with the Sustainability Plan such as waste diversion, toxics such as pesticides and mercury as well as green energy. For the most part, the SSEA will be acting as a local public information service - providing fact sheets for the community though our own research and Environment Canada publications. The SSEA is also in the process of planning Sustainable Community workshops, with invited stakeholders getting involved in identifying a community vision and examining environment priorities for Severn Sound. It was decided among members that due to municipal elections, the workshop should wait until January, or later. Notes from the Renewal Subcommittee were received as infonnation. 5. Other Business Oro-Medonte Resolution The Oro-Medonte resolution has a stipulation that the NVCA and the SSEA must work together. There have been meetings to discuss data sharing and responsibilities. Keith noted that he would like to work with the NVCA however; the NVCA is no longer working on a watershed basis as they have been in Springwater Township. Watershed \OQ-:2J t 5 boundaries should and must be taken into consideration for the SSEA to continue the effective service to all the municipalities in the Severn Sound area. Ralph Hough stated that he understands Keith's position but feels that cooperation between the SSEA and NVCA is important and necessary in the long term and hopes that an agreement will be reached. Keith Sherman will bring the ongoing. correspondence and implication of this matter to the next meeting. County of Simcoe Planning Agreement Discussions are being held regarding the Planning Agreement with the County of Simcoe. Keith Sherman showed a map to members outlining municipal and watershed boundaries that will be the basis for a future agreement. Severn Sound website A brief summary of our website stats from January to September was presented to members. 6. Next Meeting and Adjournment The next meeting is scheduled for Friday, January 30,2004. MOTION: Moved by Dave Parks, seconded by Tom Elliott, to adjourn the meeting. CARRIED J .. \()G, -~~ 6 ~ MIDLAND PUBLIC LffiRARY BOARD MEETING" JAN 2 2 ~_: \0'0 - \ j 2004 .. O~O"/lAEDOJage 1 of3 DATE: November 13, 2003 LOCATION: Mid!and Public Library Boardr~tl: PRESENT: G.A. Walker, L. LaPlume, D. Moore, A. Wilkes, A. Campbell, R. Allard, K. Stewart - ABSENT: B. Playter, 1. Swick STAFF: G. Griffith, Recording Secretary, B. Molesworth, CEO GUESTS: Rita Smith, Jack Smith, and Norman Ranson ITEM ISSUE ACTION # 1. Call to order In Mr. Playter's absence, Vice Chair Mrs. Walker called the meeting to order at 7:00 p.m. 2. Approval of the agenda Moved by: D. Moore Seconded by: K. Stewart That the agenda be approved. CARRIED 3. Approval of the minutes of the previous meeting Moved by: A. Campbell Seconded by: L. LaPlume That the minutes of the Board meeting held on October 30,2003 be approved. CARRIED 4. Business arising from the minutes 4.1 Number of meetings To date, we have held nine Board meetings in 2003. The Act states that a meeting should be held in each month from January to June and September to December. In order to hold ten meetings in a Municipal election year, the tenth meeting would have to be after the new Council appoints a full slate of new Board members. Mr. Moore suggested that to comply in future, Mr. Molesworth speak to CAO Fred Flood to look at the possibility of changing the term of the Board to run to the end of December and starting in January for a period of37 months. c MIDLAND PUBLIC LffiRARY BOARD MEETING DATE: November 13,2003 LOCA TION: Midland Public Library Boardroom \ ()\) - Page 2 of3 ITEM # ISSUE ACTION 5. Approval of the accounts A question was raised about a payment to H. & S. St.Amant. Mr. Molesworth was asked if this was for regular maintenance on the HV AC system. His response was that no it wasn't but that he had recently been looking into a maintenance contract for the heating and air conditioning system. St.Arnant does not provide this type of service. One quote from another contractor has been received. A discussion ensued regarding the number of times a year this maintenance would need to be performed and the related cost. Mr. Molesworth will pursue this matter with Town Engineer Doug Baker. Moved by: A. Campbell Seconded by: A Wilkes That the accounts for the month of October 2003 totalling $17,026.47 be approved. 6. Reports of Board Committees 6.1 Finance Committee - Art Campbell, Chairman Mr. Campbell distributed a financial statement for the 10 months ended October 31, 2003. Mr. Moore questioned the lateness of the Provincial Ministry grant and asked when it might be expected. Mr. Molesworth said that the Ministry had been late making the annual survey forms available and that of course the Provincial election had happened and that that was probably serving to slow things down even more. 6.2 Strategic Planning Committee - Kathy Stewart, Chairman Any new initiatives were deferred to the new Board. J 6.3 Fundraising Committee - G.A. Walker, Chairman Mrs. Walker distributed raffle tickets for the Friends' Christmas fundraiser. Once again, they are raffling off two gift baskets. Board members were asked to sell at least one book of tickets. CARRIED \ -) MIDLAND PUBLIC LIBRARY BOARD MEETING Page 3 of3 DATE: November 13, 2003 LOCA TION: Midland Public Library Boardroom ITEM # ISSUE ACTION 7. New business No new business 8. Information 8.1 Chief Librarian's Report Mr. Molesworth asked for any questions or comments on the report distributed. There were none. 8.2 Correspondence No correspondence 9. Presentation of 125tb Medallion to Rita Smith On behalf of the Board, Vice Chair Mrs. Walker presented long-time Board member and Library supporter Mrs. Rita Smith with a commemorative 125th Anniversary Town of Midland medallion. On behalf of the Library, Mr. Molesworth presented Mrs. Smith and her husband Jack with lifetime Library memberships. 10. Adjournment The meeting was adjourned at approximately 8:00 p.m. //' /J/{. 0 ( 0 ':,^-- /~:_~ f1._L/(}.JJ Chairman of the Board <t:':~.' . I \. /' ( 0 r' .") \!, ! ' ."r' \ \ t. .' \ \ :::-; L \.. J\ r." 'v-..} oj""\ tL. Chief Librarian , ~ ... , \ () c - \ LAKE SIMCOE REGION CONSERVATION AUTHORITY:.. , . -' MEETING NO. 800-12-03 Friday December 12th, 2003, - 9:00 a.m '..., . . The Regional Municipality of York "Committee Room. Bn 17250 Yonge Street Newmarket Telephone theLSRCA~ (905) 895-1281 Present: Councillor R. Bridge, Chair . G. Lamb, Vice-Chair Mayor M. Black Councillor L. Corrigan Councillor V. Hackson H. Lodwick Councillor P. Marshall S. Pliakes Regional Councillor S.Self Councillor N. Snutch Mayor T. Taylor W. Teel Regrets: J. Dales, Honourary Member A. Eadie J. Holec Councillor M. Jordan L. Keogh G.R. Richardson, Honourary Member Mayor R. Stevens Councillor J. West Delegation: D. White, Woodland Park P. Bravakis, Woodiand Park M. Haffey, Pine Hill Estates J. Hosick, Town of Innisfil T. Paterson, Skelton Brumwell & Assoc. T. Tsakopoulos, Graham, Wilson & Green T. Paterson, Skelton Brumwell & Assoc. .. MINUTES Staff: D. Gayle Wood, C.A.O./~ecretary-Treasurer S. Hanson, Director, Corporate Services & Land Management R. Baldwin,. Manager, Watershed Planning G. Davis, Manager, Forestry and Stewardship Programs . T. Hogenbirk, Manager, Engineering and TE!chnical Services K. Kennedy, Manager, Planning G..Casey, Recording Secretary ~i " Others: K. Baker. Natural Heritage Biologist D. Campbell, GIS Co-ordinator J. Rainthorpe, Natural Heritage Mapping Technician C. Tapner, Natural Heritage Tec~riician 9 \(Jc Lake Simcoe Region Conservation Authority Board bf Directors' Meeting BOO-12-03 - Minutes December 12th, 2003 " DECLARATION OF PECUNIARY INTEREST At this point no pecuniary interest and the general nature thereof was disclosed for the record of this meeting. II APPROVAL OF AGENDA The CAO advised that as a result of a very short turn around time between the November and December meeting, staff have tabled two reports 'for the Board's consideration. The first report relates to the Durham Forest and the second report relates to the Level III Agreement between the DFO and the Authority. Moved by: . Seconded by: V. Hackson H. Lodwick BOD-03-172 RESOL VEq, THAT the contents of the Agenda of the Board of Directors' Meeting No. BOD-12-03 held December 12th, ,2003, be approved as presented to include the "Tabled Items and Other Business" Agenda. CARRIED III ADOPTION OF MINUTES (a) Board of Directors Minutes of the Board of Directors' Meeting No. BOD-11-03, held on November 28th, 2003. Moved by: Seconded by: N. Snutch H. Lodwick BOD-03-173 RESOLVED THAT the.minutes of the Board of Directors' meeting No. BOD-11-03 held on November 28th, 2003, be adopted as printed and circulated. CARRI ED ... f\ -c:J ., , 10 \()-( ..; 3 Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-12-03 - Minutes December 12th, 2003 IV Announcements There were no announcements. - V HEARINGS There were no hearings scheduled for this meeting. VI PRESENTATIONS (a) Natural Heritage Mapping Update Chair Bridge introduced Rob Baldwin, Manager, Watershed Planning, LSRCA,to make this presentation to the Board. Mr. Baldwin thanked the Board for the . opportunity to provide them with an update regarding the status of the Natural Heritage Mapping and provided a brief background on this initiative. -. ~1 Mr. Baldwin introduced the Authority staff members responsible for the production of the Natural Heritage Mapping and thanked them for all of their hardwork and dedication. They are: Kim Baker, Natural Heritage Biologist; Darren Campbell, GIS Co-ordinator; Jenny Rainthorpe, Natural Heritage Mapping Technician; and Cathy Tapner, Natural Heritage Technician. - Mr. Baldwin called on Kim Baker to deliver the Natural Heritage presentation. Ms. Baker provided aPowerPoint presentation to the Board providing information on the importance and usefulness of having the Natural Heritage Mapping. In 2003 the three main areas ofwork with Natural Heritage mapping were Durham Region, York Region and the City of Barrie. ., Mayor Tom Taylor suggested that this presentation be made to all municipal councils in order to bring awareness on this initiative. The CAO 'responded that as part of hermandate she will be appearing before all Councils in 2004 to provide-an update on the Authority's programs and services and that it will need to be determined. if this will be delivered as a separate presentation or if it will be dovetailed into the full presentation. ~ Gary Lamb advised that Simcoe County has mapping and inquired if that could be used in this process. Mr. Baldwin responded that such information would definitely be useful in the development and refining of the mapping. Mr. Baldwin further suggested that the Natural Heritage mapping needs to move to the northern municipalities and is hopeful this will be made possible through the budget process. 11 \ - LJ Lake Simcoe Region Conservation Authority Board of Directors' Meeting , BOD-12-03 - Minutes December 121h, 2003 Councillor Larry Corrigan requested a hard copy of this presentation in order to get it visible in the education sector. TheCAO advised that this mapping will be an essential element in the Source Protection Planning initiative and it will further enable the Authority and municipalities to arialyse the carrying capacity for the Lake S'imcoe watershed. Mr. Baldwin added that the mapping will further define and refine the official plan mapping as well. Chair Bridge extended thanks to Mr. Baldwin and his staff for this excellent presentation. The CAOextended thanks to the .Board Members for the mun icipal support and to staff for all of their hard work. Councillor Paul Marshall suggested that more work be done with municipal staff and the individual committees who deal directly with development in orderto ensure they are aware of these tools. ' Moved by: Seconded by: G. Lamb S. Self BOD-03-174 RESOLVED THAT Staff Report No. 67-03- BOD and the PowerPoint presentation' provided at the meeting regarding the Natu ral Heritage Mapping update be received for information. CARRIED (b) LSRCA Administrative Building The Director, Corporate Services & Land Management delivered a PowerPoint presentation to the Board advising that it is the one expected to be used for all municipal councils in support of the Authority's request for further funding. Mayor Tom Taylor suggested implementing the associated costs to lease office space and the overall impact on the operating budget over the years in relation to the cost of the new building. Chair Bridge thanked the Director for the presentation. to t 12 \ ()( I'" J Lake Simcoe Region Conservation Authority Board of Directors' Meeting 800-12-03 - Minutes December 121h. 2003 The CAO advised the Board that staff met with York Region staff the previous week and are currently awaiting direction from their CAO on how to move forward. Once that information is available, discussions regarding the Authority's approach will begin with the Board's.York Region Members. Gary Lamb expressed the importance of continuing to work with all municipalities in order to receive their feedback so that staff can provide this information to the larger funding partners. Paul Marshall suggested staff reference the "Municipal Guide to Sustainable Energy" regarding energy saving concepts for the new building. Moved by: Seconded by: V. Hackson N. Snutch BOO-03-175 RESOL VEO THAT the PowerPoint presentation regarding the status of the LSRCA's Administration Building be received. .i. '~ CARRIED VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 6, 7, of the Agenda and Items 8 and 9 of the Tabled Items and Other Business Agenda were identified for discussion. VIII . ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by: Seconded by: P. Marshall M. Black f RESOLVED THAT the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the . Board and Staff be authorized to take all necessary action required to give effect to same. . (~ 13 .\()( ~ lD Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-12-03 - Minutes December 12th, 2003 1. Fill, Construction & Alteration to Waterways Applications 800-03-176 RESOLVED THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 153/90, as amended by Ontario Regulations 534/91 and 623/94, be received and approved. 2. Correspondence .800-03-177 RESOLVED THAT the correspondence listed' as Item 2 in the December 12th, 2003,' agenda be received for information. 3. Correspondence 800-03-178 RESOLVED THAT the media clippings relating to the appointment of Gayle Wood to the position of Co-Chair of the . Technical Committee for Source Protection Planning be received for information. 4. Communication 800-03-179 RESOLVED THAT the letter dated November 21st, 2003, from Joe Tascona, MPP, be received for iriformation. 5. Monthly Communication Update 800-03-180 RESOLVED THAT the Monthly Communications Update, for the period November 1st to 30th, 2003, be received for information. CARRI ED . " 14 \()c.~ l Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-12-03 - Minutes December 12th, 2003 IX DELEGATIONS (a) WOddiand Subdivision The CAO advised that she will be making the presentation on behalf of the Director, Watershed Management who is absent. The CAO further announced that a representative from the Town of Innisfil will make a presentation which will be followed by a presentation from the applicant. The CAO provided some background regarding the Woodland Park Subdivision and reminded the Board that the. item of concern remains the existence of a wetland within the Woodland Park Subdivision and the Authority's request to protect that wetland. At this point, the applicant is proposing to protect 51 % of the wetland and the Authority's policy is to protect 100%. Staff need direction from the Board on this matter. The CAO pointed out that the Staff Report provided with the agenda does not provide a recommendation and that staff preferred to provide the Board with . information from both the Town and the Applicant and ask the Board to then provide direction on how to proceed. Following all presentations, the Board will move to "Closed Session" to deal with this issue as it is a legal matter. ... Ms. Trudy Paterson, Skelton Brumwell & Associates advised that she was in . attendance with Mr. Jim Hosick from the Town of Innisfil and Mr. Tom Tsakopoulos from Graham, Wilson and Green, Legal Counsel forthe Town of Innisfil and Simcoe County. Ms. Paterson informed the Board that since the last meeting in November when the Town of Innisfil asked for a deferral, a review of the work done by Azmuth as well as the last submission by the Applicant has been done. Based on this . review, Ms. Paterson advised that it is the Town's position that they oppose the 51 % protection of the wetland as suggested by the Applicant as it is not adequately . justified at this time. In the absence of adequate justification, the Town has not changed its position in relation to development within the wetland and floo?line. areas. . Mr. Tom Tsakopoulos addressed the Board on behalf of the Town of Innisfil and advised that this matter will likely proceed to the Ontario Municipal Board (OMB) for. consideration. The Town of Innisfil remains committed to protecting this wetland from development as this is a significant wetland and is the only one within the Secondary Plan of Innisfil. The wetland will be protected for educational and recreational value. Further, Mr: Tsakopoulos advised that the Applicant has not to date produced an engineering study to provide details on the impact of development in this area. Mr. Tsakopoulos asked the Authority for their continued support in opposing this draft plan and to provide their support at the OMB hearing which is scheduled for January 2004. 15 \ () ~..'); Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-12-03 - Minutes December 12th, 2003 The CAO asked if the Town expects the Authority to have full party status at the OMB hearing or are they looking for support. Mr. Tsakopoulos responded that support from the Authority would be appreciated and offered no comment regarding status suggesting the Authority should consult with their legal counsel in this regard. It was indicated that just recently the Butternut Tree was declared an endangered species and indicated that there are three of these trees within the development. Councillor Corrigan requested clarification of the issues at this time. Mr. . Tsakopoulos responded that it is the Town's position that the reports provided are incomplete or not accurate. The supporting engineering and environmental impact studies have not kept pace with these studies. The revised draft plan provide$ no information regarding flood control and the protection of habitat. Councillor Corrigan requested clarification regarding the process as it relates to the OMB vs the Mining and Lands Commissioner. The CAO explained that under Section 28 of the Conservation Authorities Act the Board deals with permits to construct within the floodplain,. alteration to watercourses and fill. Under the. . Planning Act, the Conservation Authority has status to make comments on planning applications. The OMB is the forum for unresolved issues in relation to planning matters. The Chair invited Mr. David White to address the Board on behalf of the Applicant. Mr. White advised that he is before the Board in a last ditch effort to settle this matter before going to the OMB. Mr. White indicated that he wiJI be meeting with the Town during the following week and thatthere are outstanding jssues with the Town apart from the wetland issue. Mr. White informed the Board that historical evidence is very clear in that this wetland did not exist in the 1960's and in fact has been created as a result of the deveJopment of Alcona Downs. Alcona Downs has recently developed a plan to dump stormwater into this wetland which will compound the wetland function. The. applicant has issues with Alcona Downs. The issue with the Authority is that the Applicant feels they have not been given due consideration. In their opinion they have not received a technical response from the Authority although the Authority has come to the conclusion that this is a significant wetland. Mr. White advised that there is no such thing as a locally significant wetland as that title left jurisprudence in 1992. There .are only provincially significant wetlands or others and one needs criteria and rationale to make that declaration. Mr. White suggested the Authority does not have that information and is therefore disputing the Authority's use of this label. .. 16 \ c - Lake Simcoe Region Conservation Authority Board of Directors' Meeting 80D-12-03 - Minutes December 12th, 2003 Mr. White believes the Authority's position is unjustified and suggested that the Applicant will be pursuing costs against the Town and the Authority. Mr. White continued his presentation with a review of the report prepared by Mr. Sandylands which will be referenced at the OMB hearing. The report provides general agreement that there would be no significant loss. .Chair Bridge requested that Mr. White conclude his presentation and reminded him that his deputation was to be limited to ten minutes which he has exceeded. Chair Bridge further advised Mr. White that as he did not provide the Board with an advance copy of his presentation, staff would not be responding to the allegations he has put forward. Mr. White concluded by advising that he is confident that the Applicant can accommodate the concerns of the Town of Innisfil, Alcona Downs and the Authority . in a satisfactory manner. Mr. White suggested that this matter needs to be settled prior to going to the OMB next year which will undoubtedly be very costly to all parties. I Moved by: Seconded by: H. Lodwick V. Hackson BOO-03-181 RESOLVED . THAT the information be received by the Board; and FURTHER THAT the Board deal with the information in "Closed Session" at the end of the meeting. CARRIED Chair Bridge called a recess at1 0:50 Meeting reconvened at11 :05 IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 17 \0c - \0 Lake Simcoe Region Conservation Authority 80ard of Directors' Meeting 800-12-03 - Minutes December 12lh. 2003 6. Hazard & Floodplain Mappinq - Financial Implications The Director, Corporate Services & Land Management presented Staff Report No. 67 -03-800 which was tabled at the meeting. This report was prepared at the request of the 80ard at their meeting in November due to the lack of-mapping for the Township of .Ramara which has caused some difficulties in the permit application process. Mayor Taylor suggested that the request for funding from the municipalities should not be optional and it should be treated as a line item in the budget. Mayor Taylor further suggested that this be part of the operational budget. The CAO responded that the Authority has done very well with the watershed municipalities regarding the budget and further advise,d that there is room for an increase to development fees. Authority staff will be preparing a report for Board approval regarding an increase to the Authority's fee structure in 2004. Moved by: Seconded by: BOo-03-182 CARRIED N. Snutch G. Lamb RESOLVED THAT Staff Report No. 67-03- 800 regarding hazard and floodplain mapping in the Lake Simcoe watershed be received for information. 7. Wholesale Groceries - Scanlon Creek Education Centre The Director, Corporate Services and Land Management presented Staff Report No. 71-03-800 which was tabled at the meeting. Moved by: Seconded by: 800-03-183 CARRI ED L. Corrigan H. Lodwick THAT Staff Report No. 71-03-800 regarding the recommendation for the wholesale grocerysupplierforthe residential program at, the Scanlon Creek Education Centre for the year 2004 be received; and FURTHER THAT staff be authorized to issue a purchase order for the period January 1 to December 31, 2004 to Sysco Serca Foodservice Inc. 18 \0 -\\ Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-12-03 - Minutes December 12th, 2003 8. Durham Forest - Standing Timber Sale The Manager, Forestry and Stewardship Programs presented Staff Report No. 69- . 03-BOO which was tabled at the meeting. Moved by: Seconded by: BOO-03-184 CARRIED L. Corrigan S.Self THAT Staff Report No. 69-03-BOO detailing the record of tenders. for Durham Region Forest Tenders ORF-01-2003, ORF-02-2003, and ORF-03-2003 be received for information; and FURTHER THAT tenders ORF-01-2003 and ORF-02-2003 be awarded to Northern Pressure Treated Wood Ltd., and that tender ORF-03-2003 be reissued. 9. DFO Fisheries Agreement Change to Permanent Level III Status The CAO presented Staff Report No. 69-03-BOO regarding the Authority's change to Permanent Level III status with OFO. The CAO provided a brief history and requested approval from the Board for Chair Bridge and the CAG to sign this agreement with OFO. Moved by: Seconded by: BOO-03-185 P. Marshall S. Self THAT Staff Report No. 70-03-800 regarding the Authority's movement to a OFO Level III fisheries agreement on a permanent basis be signed and a copy retained for information; and 19 \ I - \ lake Simcoe Region Conservation Authority . Board of Directors' Meeting BOD-12-03 - Minutes . December 12th, 2003 CARRIED XI OTHER BUSINESS FURTHER THAT the Authority advise the watershed municipalities ofthe change in the status of the Authority's fisheries agreement. No "Other Business" was identified. XII CLOSED SESSION Moved by: Seconded by: BOO-03-186 CARRIED Moved by: Seconded by: BOO-03-187 H. Lodwick P. Marshal RESOLVED THAT the Authority's Board of Directors proceed to "Closed Session" to address legal and persQnnel matters. H. Lodwick S. Self RESOLVED THAT the Authority's Board <;Jf Directors rise from "Closed Session" and report their progress. " (a) Legal Status Update Moved by: Seconded by: 800-03-188 H. Lodwick W. Tee! RESOLVED THAT Confidential Staff Report No. 68-03-BOD regarding outstanding legal issues be received for information. 20 Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-12-03 - Minutes \()c. - \~ December 12th, 2003 (b) Woodland Pa"rk Subdivision Chair Bridge declared a conflict of interest and therefore vacated the Chair's position and left the room during discussions. Vice-Chair Gary Lamb Chaired this portion of the meeting. Moved by: Seconded by: BOo-03-189 CARRIED XII NEXT MEETING S. Self P.Marshall RESOLVED THAT the Board of Directors' support the definition of the wetland boundary as noted on Figure 1 of the Woodla.nd Park Draft Plan of Subdivision File Name 597 -DP-October 24th, 2003, and as supported to date by the LSRCA, Innisfil and proponent's biologist. The next meeting of the Authority's Board of Directors is scheduled for January 23rd, 2004. XIV ADJOURNMENT Moved by: Seconded by: L. Corrigan V. Hackson Meeting adjourned at 12:25 p.m. CARRIED . R. Bridge Chair D. Gayle Wood, CMM III Chief Administrative Officer! Secretary-Treasurer 21 ORILLIA PUBLIC LIBRARY BOARD MINUTES DECEMBER 17. 200::\ \ Od - \ A regular meeting of the Library Board was held in the Children's Services Department of the Library commencing at 7:05 p.m. PRESENT - BOARD - C. Dowd, Chair; J. Swartz, Vice-Chair; J. Francis; F. Kreisz; P. Spears;J. Rolland ,.' - STAFF - M. Saddy, Chief Executive Officer L. Gibbon, Director of Information Services T. Chatten, Recorder ABSENT - M. Hill; R. Fountain DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF-None C. Dowd welcomed new members Councillor Paul Spears and Councillor Joanna Rolland on behalf of the Board. Both are representatives of the City of Orillia Council. CONSENT AGENDA MOTION #2003:52 Moved by P. Spears, seconded by J. Swartz that the consent agenda of the December 17, 2003 meeting be adopted. CARRIED Staff was directed to omit the name of a staff member from the Report of the Director of Technical Services. FRIENDS OF THE LIBRARY The Friends held an informal meeting December 8, 2003 and reported that Casino Rama had presented them with a $4000 donation for special collections. REPORT OF BOARD COMMITIEES AND REPRESENTATIVES Finance - Fee Increases MOTION #2003:53 Moved by J. Swartz, seconded by J. Francis that the Orillia Public Library Board authorize the increase of fines: . Adult- from 20 cents to 25 cents . Children - from 10 cents to 15 cents w.o"" ,. \() J. J and + Photocopies and Print-outs - from 20 cents to 25 cents and that notification of the increases be posted immediately. The rates will go into effect starting February 1, 2004. The increase to photocopies win only take effect if the Library gets a new photocopier. CARRIED NEW BUSINESS Board Attendance at the OLA Conference January 2004 - C. Dowd win attend the conference and asked if there were any other board members interested in attending. If anyone else is interested they would need to let staff know as soon as possible in order to register for particular sessions. / Institutional Borrowing Agreement - MOTION #2003:54 Moved by J. Swartz, seconded by J. Francis that the Orillia Public Library Board approve an institutional borrowing agreement for the Big Sisters Association of OriIlia & District. CARRIED Renewal of Institutional Borrowing Agreements - MOTION #2003:55 Moved by J. Francis, seconded by J. Swartz that the OriIlia Public Library Board allow institutional borrowing agreement renewals to be signed by the CEO. New agreements . will continue to require a motion. CARRIED A/V Insurance - MOTION #2003:56 Moved by J. Francis, seconded by J. Swartz that the OriIlia Public Library Board authorize staff to include DVD's and language learning materials in the optional 25 cents per item insurance for audiovisual materials. CARRIED M. Saddy will report to the next board meeting any other items that need to be included in the policy relating to A/V Insurance. Orientation for New Board Members - MOTION #2003:57 Moved by P. Spears, seconded by J. Rolland that the OriIlia Public Library Board strike an orientation committee and authorize it to develop a board orientation package based on that developed by the Brantford Public Library Board to be delivered to new members in February 2004. CARRIED F. Kreisz, J. Rolland, C. Dowd and a staff member will form the committee to evaluate material for a new board orientation package. - \ 2004 Increment for Library Staff - MOTION #2003:58 Moved by F. Kreisz, seconded by J. Swartz that the OriIlia Public Library Board authorize that, subject to approval of the 2004 increment of 3% by Council on December 15, 2003, that the library staff receive the increment of 3% to be effective January 1, 2004. CARRIED REPORTS OF BOARD COMMITTEES AND REPRESENTATIVES Strategic Planning Report - Board Action Plan/Priorities - Board members ranked the goals and initiatives as follows: J. Swattz / J. Francis / F. Kreisz / J. Rolland / C. Dowd Goal # 1 Goal # 8 Initiative 1 2/2/2/2/1 Initiative 7 3/3/3/3/2 2 1/1/1/1/1 3 3/2/3/3/3 Goal # 9 Initiative 1 1/1/2/1/1 Goal # 4 2 1/1/1/1/1 Initiative 1 2/3/2/3/3 3 2/3/3/3/2 2 2/3/2/3/2 4 3/2/2/2/2 5 1/2/2/2/2 Goal # 7 6 1/1/2/1/1 Initiative 1 1/2/2/1/1 2 1/1/1/1/1 Goal # 10 Initiative 2 3/2/2/2/2 Board members are to continue to consider how to achieve these goals. Adjournment at 8:15 p.m. moved by J. Swartz. BOARD CHAIR CHIEF EXECUTIVE OFFICER . .,~.,. .. \6~ ~ l.\ REPORT OF THE DIRECTOR OF CHILDREN'S AND AUDIO VISUAL SERVICES December 2003 Reference Reference questions for December 2003 saw a zero per cent increase over December of 2002. Year to date reference questions saw a less than 1 per cent (0.53) decrease in the number of questions handled by Children's Services staff. Overall use of computers 2003 incre-ased by four per cent over use of computers in 2002. Programs A successful series of storytimes finished in December as did the Saturday Explorers Club. A Christmas Family Storytime was offered on Saturday December 20th. Special guests at our Storytime were storytellers Sue Charters and Sophie Cooper. Sue and Sophie's storytelling was a highlight of the program, some of the stories had musical accompaniment. Families enjoyed a fun morning of stories and crafts. Instead of doing guided programs over the Christmas break we decided to offer two Christmas Open Houses. Families were invited to drop in to Children's Services on Monday December 22 and Tuesday December 23 between 11 :00 - 3:00 to enjoy craft activities and movies. This program was very popular, over the course of the two days we had approximately 130 children and parents ta~e part in the open house. Outreach and Publicitv Central Preschool continued their weekly visits, with three visits in December. We also had a visit from the grade 8 class from Mnjikaning First Nation School for a booktalk on fantasy literature. Book displays this month included Christmas, Hanukah, and Kwanza. Collection Maintenance Kelly Smith has undertaken a project to affix legible spine label to all of the children's books. We are hoping legible labels will help us keep volunteers for shelving. I am also weeding some of the collection as this project continues. Shelving books continues to be a problem as we have only one volunteer who comes on a semi regular basis. MONTHLY REPORT DIRECTOR OF INFORMATION SERVICES DECEMBER 2003 \()d ~.. C) December was typically a quieter month for Information Services. Jayne organized a very successful Christmas Tea for our volunteers, with small gifts of appreciation. The goodies were donated by Mariposa Market. Forty attended. I gave five students from Career Essentials a tour of the library, emphasizing the periodical indexes and job searching materials. REFERENCE QUESTIONS: A total of 1,324 questions were addressed at the Information Services desk. USE OF ONLINE PRODUCTS: Proquest was used by 54 clients, a substantial increase now that it is on the homepage. EbscoHost was used 96 times,"C! twenty-three per cent increase over last year. INTERNET USAGE: . The figures for use of the Internet were down, reflecting the loss of the CAP internet trainer in July. 1,489 people used the Internet during December. USAGE OF WEB SITE AND FROST PAPERS: On the other hand 982 searches were made from our homepage and the Frost Scrapbook experienced 76 hits during the month. VOLUNTEER HOURS: Volunteer hours were also down this December over last. We feel that there is a need to recruit new people, as some of our regulars are no longer able to help out and have been brain storming on methods to increase their numbers. NEWSPAPER INDEX: The new index offers many more features and is much easier to use. During the month, 1191 stories were indexed, along with 142 births, deaths and marriages. PROMOTION: Two newspaper articles were written for the Packet; five promotional pamphlets were created for the public. COMMUNITY OUTREACH: Materials were gathered for six shut-ins during the month. INTERLIBRARY LOANS: Materials borrowed from other libraries (115 items) and materials lent to others (126 items) were both up over last year. GOVERNMENT DOCUMENTS AND VERTICAL FILES: 170 items were added to the collection and 250 items were withdrawn, mainly from the annual reports, as the newer reports came in. \ ~-~ Report of the Director of Technical Services December 2003 Circulation Borrowing figures were down in December by 2500 from last year, and overall the totals for 2003 are almost 259,000, about 2% less than in 2002. Decreases are mainly in Books and Videos/DVDs, while other materials roughly stayed the same. Visitors were down in December as well, from the previous year, with 13, 806 compared to 14563 in 2002. Technical Processing Gail Matthews continues to make a gradual return to full-time work, adapting to a number of changes in procedures and methods that happened during her absence. We expect her to be full time in January. Building Planning A number of library staffers went an a field trip to see two new libraries in December, the Ajax Public Library central branch and the Clarington Library main branch in Bowmanville. Both libraries were very impressive and virtually exact opposites in their use of light, colour, fittings, and overall feel and atmosphere. IT was a very interesting trip for the staff and helps us see what the potentials a new building can offer us in the way of services and operations. REPORT OF CHIEF EXECUTIVE OFFICER FOR DECEMBER 2003 CIRCULATION OF MATERIALS Jan-Dec PRINT 2002 Books 199160 Periodicals 9964 Maps, Gov't.Publications, Pamphlets, Pictures 306 Interlibrary Loan - Borrowed 1023 Interlibra~ Loan - Loaned 1197 It QIAtl ~p ~I NT f: ~: ~ f f f ~: ~:: ~::: ~: f::: ~::::' f::: ~::' ~: ~: f: ~! f!:!:: f f~:::~::::::::: ~::::i '::::::::::::f:::::: i: i:::::f:: ii i i: f i: if ~f: f:! f i:i H:: f:: ~:::: i: ~: f,: ~ 2:1\ 1. ~ $0.:::: i Jan-Dec 2003 195859 10091 226 1220 1681 ..:;:;;"';"';""""""':j :-""20907' '7' ........ . . ....' ....' .. .,'.' ...... ., . . ," ," . ,.,.. -...".... NON-PRINT CD-ROMs 420 505 Equipment ,/ 57 93 Framed Art Reproductions 5 5 Microfilms ILLoan - Borrowed 135 272 Microfilms ILL.:oan - Loaned 0 0 Multi-Media 277 209 Other Materials 23 42 Other Materials ILLoan - Borrowed 2 9 Other Materials ILLoan - Loaned 1 1 Sound Recordings 16668 16603 Talking Books ILLoan - Borrowed 17 26 (and Books-on-Tape) - Loaned 31 41 Videos and DVDs 37803 35301 Videos and DVDs ILLoan - Borrowed 23 29 Videos and DVDs ILLoan - Loaned 46 85 yQ1T.ACl::NQ NHf?:~J Nt:::::::i:~:::~:::::~:!~~:::!:n~\j:[:[:j:j:~\jmj\[::::i~:j:~::::iiii~jiif~:~ii:[::i~i!i~:ii~:ii:i:ii:::::!ii:i:iij:::i:::::i::~i:::$ ~$~~ :::::::::j:::::: :$~~~~: $RANt):+qj:A~::~IRqQ4Ar.:lqNfi:i\::::::::::::::::i:::::::\i::::H:i\i::f::i::iiiiiii:H:ii:'ii:i:iiii::i:iii:i:::ii:ii:'ii::~YTt~i:::::::'::::~~?2~$: SERVICES REFERENCE TRANSACTIONS Adult 20652 20822 Children 5587 5540 CAPT Grant Instruction 700 356 E-Mail/Mail/Fax Requests 55 90 Extended Computer Help 1394 1999 1~~;~C~'H~~:mi~w;~i:\::::ii:::f::i~::i:i::::::i::fi:::i:!:::!:!:ii!::ii:iiiii:i:::iii::::iiiiiii:::ii:::::iii:iji:ii::j::j:::::i::::i::::::f:jj:::::::::::i:~~i~~~:::::::::::f:::U3.~:~~:;:1 INTERNET/COMPUTER USE Adult 19551 21179 Children 4882 4694 Online Product Logins 1220 2552 Frost Scrapbook 296 656 1~~~~~ill0':Bij8:~mmmm::::nn:mn:::::nn:n:':l:n:l::m::::l:n:l:::::::::,n:n:,::n:::::::'::::::l:,n'::::l:::l::,~~~::::'::::':':~~~~j '- \ ()A -l SERVICES - CONTINUED Jan-Dec 2002 Jan-Dec 2003 PROGRAMS . ADULT SERVICES In-Library - Group Visits * Attendance - Other * Attendance put of Library - Talks to Groups * Attendance - Other * Attendance PROGRAMS - CHILDREN'S SERVICES .- In-Library - Group Visits / 29 33 * Attendance *680 *618 - Story Hours 129 155 * Atteneance *3032 *3355 - Other 53 58 * Attendance *1611 *2016 Out of Library - Talks to Groups 39 33 * Attendance *2725 *2445 - Other 10 5 * Attendance *292 *289 I X PIAI.J.\ :~; RQ ~ RAM $.m~\~~m:~ :::wm~\~ 1m H ~:\ ~m m m ~ \:~: \: m~ m~ \~ [: [: ~: ~ ~~: 1: ~ :~~:: ~~~ ~~ ~~ m1 ~~ ~ ~ ~~ ~~ Hm [~~~ [~~~ ~~ mm ~~ ~~ ~ ~ 1 ~ ~ ~ ~:1 ~ [~~ H ~ ~1m~~~m~~H ~~\! 1! 1 ~~! ~!~1i$.il 7 *106 3 *123 11 *165 o *0 6 *73 21 *502 2 *105 o *0 NUMBER OF BORROWERS REGISTERED Jan-Dec 2003 1064 241 227 7 4 5 17 26 2 o 562 85 109 10 1 Adult - City of Orillia - Township of Oro-Medonte - Township of Severn - Mnjikaning First Nation - Non-Resident - Annual - Six Month - Occasional - Non-Resident Taxpayer - Ex-Officio (Councillors, etc.) - Library Staff & Volunteers Children - City of Orillia - Township of Oro-Medonte - Township of Sevem - Mnjikaning First Nation - Institutional .-.- -... ." \~d - ~ . - \d q - \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Council Prepared By: ADM2004-007 Marilyn Pennycook, Clerk Subject: Department: Council Request to Remove Administration 1 Ft. Reserve between Birch C.ofW. Road and Part of Lot 1, Concession 14 Date: February 4,2004 Motion # R.M. File No. L07 -013181 Date: . KGROUND: On November 5, 2003, correspondence was received from Bourne, Jenkins & Mulligan on behalf of Fred Ferrier, requesting that the Township transfer to Mr. Ferrier the one foot reserve between his property (Part of Lot 1, Concession 14) and Birch Road (Attachment #1). The ownership of this strip of land by the Township results in Mr. Ferrier having no legal access from his property to Birch Road. A map of the subject area is attached for information. (Attachment #2). A more detailed map of the one foot reserve is also attached (Attachment #3). This request was circulated to Department Heads for comment and, as a result, further investigation and a title search indicated that the one foot reserve traversing the westerly boundary of Mr. Ferrier's property was deeded to the Township in May of 1963 as part of Plan 1452. This one foot reserve delineates the northerly boundary of the subdivision as well as the parameters of Birch Road (Attachment #4). ( IANAL YSIS As the one foot reserve between Birch Road and Mr. Ferrier's property is a delineation and was deeded to the Township as part of the conditions of Plan 1452, the consensus of Department Heads was that the land is no longer required by the Township. The applicant has requested transfer of only that portion of the one foot reserve which would allow legal access to Birch Road. However, transfer of only that portion would result in the Township retaining the further one foot reserve that traverses the boundary of this property to the property line at Bass Lake. This strip of land is also deemed by staff to be no longer required by the Township. \~C1 . Q. Given the comments received from staff, it is recommended that the one foot reserve between Birch Road and Part of Lot 1, Concession 14, as well as the remainder of the one foot reserve which lies between Block B and Part of Lot 1, Concession to Bass Lake, be declared surplus to the needs of the municipality . , RECOMMENDATION , 1. That Report ADM2004-007 be received and adopted. 2. That the one foot reserve between Birch Road and Part of Lot 1, Concession 14, as well as the one foot reserve between Block B, Plan 1452 and Part of Lot 1, Concession 14, be declared surplus to the needs of the municipality. 3. That the applicant be advised of Council's decision. ReS~UIIY submitted, J. ! ~o . ~ } ^ Man~coo~ Clerk uvY 1/\ If)/t--_.. . IV C&'Jy~~ (( 2 11/12/210103 109:24 BOURNE JENKIN~ ~ MULL!~HN ~ 4~(~!~~ ... I"W..'~ . '. 1I-r~AWdl6?0"7'-Jl1 L:lCJ - 3 1'-'. i ' 'J -; r~..; , ~ "Jf.Jj ,\ " 'I' ,lil)ii.'1 I~ -I ," I - ,: .~. , I ~:/. )\> : i J. t'"fJJ.~\" , ""1f "-J ... , .t... 'i':~. : , I~ "f\(~.;~0n; , s.JA !' ~ ~~\,(;~, ;;~'~: I,! ';':~J "i'" ~~~''':::( ?:;1 . 'j . "~I~ ,11-1;1:: '.~ '~~:'~'. : ..~.'. . ~.."'~.. ,~.,..../...,_. ...,.... i .~:;..... ,...; ..... I Bourne, Jenkins & Mu!1i&n BARRISTERS. SOLICITORS & NOT~IES PUBLIC DONALP w. JENICJN$. a.c. GIIEQOFIV 101. II\JU.IGAN. "". L1-8. LIS'" W!l.ctI MACDI!II. B.A., l.I..e. M.AMV NACI.1IL.INI. 8.A., u..e. CO\J/olSfiL: c.Iot. foEWSON 80UANe, Q.C D'/fmlW>l , ""; ;' f"..i. ~ . November 5. 2003. The Corporation of the Township of Oro-Medonte. P.O. Box 100. Oro. ON LOL 2EO Dear Sirs: RE: Part of Lot 1. Concessiion 14; Oro-Medonte i . .... ~ "- . TELEPHONE (7051 928-3686 FAX (70lil ~ WEB: I\tID'J~.blml_ r.t1ft\ E.wAII.: b/1nlfj)b!M!M-WI'I 01.0 FlliE "'AU. P.O. SOX_ 27 PmRST. N. ORIJ.l.1A, OHTAAIO LSV &/8 Please find enclosed herei~ a copy of a survey for the above noted property. I have been retained by Fred Ferrier. the owner ot same. As you win see from the s\iUVey, and as is noted U1 the surveyor's letter to Mr. Ferrier, there is a strip of land between Mr. FerrierJ's property and Birch Road. that is owned by the COIpor~tion of the Township ofOro-Medonto, Said. strip of land is described by PIN 58531-0493(L1'). A copy of the Parcel Register is attached for your reference as well. The result of the ownership of this strip of land by the Townshipis that Mr. Ferrier isrwitl1~ut lega.J; road access. He has the property listed for sale and we anticipate that this is an issue we::m~sttdsoNejhadvance of any sale. Please advise at your earlje~t converi1ence If the Township will transfer title to Mr. Ferrier of the aforementioned strip of land. We expect that Mr. Ferrier will be responsible for any legal costs of .... j .. .... . '. . transferring title. However, please advise Iff there wil/be any other charges. i We look forward to hearing from you. YOURS VERY TRULY. BOURNE, JENKINS & MULLIGAN . . '... :'. ~.!. Hr ":."~_:..~_'.' _:.: ~,~ _. , Bb Ene!. . qs,~VVe.lch Madden . . '. . ' ;.~: ~ - ;' ' " {. I '1"a~~f -.:# eX Con XIV Lot 1 I ~C\ - Y Con XIII Lot 1 Bass Lake Subject Property 150 I o I 150 Meters I ll/ld/d~~~ ..... ~':J:d4 I:IUU~NI:. JI:.NKIN::> ~ rIWLL.II.:IHN" 41::f(I<J1~ NU. (;;J'=::: "'....... ~iJ ~.:- ~:: ~. ~. ()2 Jo:!' Si /'01' (PI'a." I \ \ \ PIN 585,31 - O..93(LT) / IN8T. RO 1789&8 J ,o.4/YJ'" /~. T I ::> .-..:. ~ ? ~ P I 1\ I '.. 'C,OO("l/_ .,.../ \' I,. 5t:J ""'Ie[;.~'o ..,J ~.. 5 ~ J ~ ~ .. Z44' I:" () ,. -'I~?- .. ~O!oJ 1</~e."'rJ '~6(f 7"'1 _I I ':- ...... 4/{;[l1tlJrY{eJ-(# 3 \'ly--5 I ~ ,.,'5 i .. Ii .. II05'~ 'J"'" 11'4 ~ '1" f: . ....11.. ~ 011\.1 ' I I 1'1,' "1 , ''5< '.;J; ..., \'- . II g: '~' Stet' dod 11:;:: : . ,. I Gorooe f!:o r ~ I ; \O.~ : 4"'" ~.t \ ...: cr. ".... ...." ,......... Mltor i~< Q'~ ' \,If' SIIed '. .. \.~'i. -3 ~~ J ~~ .. '" "".." ( . c\ 58531:~ . .. ".' 0'0'(/ T') I r L..l (J' ~ I ",,' "'''al Stlld .. c:: it~ ~ i~'~ en u C , . - ~ ~ , .. ~ " ~J.$' \ 1'0 ~ l.i1 (.) \ ::0 ,... \,(1 '" ..J \ lta \ \ z ::L "" EM ",11" ,.,' It"" /-.. - V DICk ; ....J Porch , ~ L~__.. .._...~...._~ ... . .. "'. ~ 0 " .. .~ ~ ~. .. N .. . .. ... ... or ... .. .. .. Cot. i40. Q \..~KE c. Q 01 BASS ~ rJ IN 5853: DfSTANCES SHOWN ON THIS PLAN I " BE CONVERTED TO METRES BY ~t I SURVEYOR'S CERTIFICATE ERTIFY THAT: '!MIS SUR\IE.V AN!) p~ ~E CORRECT AND IN ACCQRDI\HCI:: W!TH THE SURVEl'S /ICf. THE SURYE:VORS ACT. ANO THE ....... II ..,,"wc ......."'" IINN:"A 'n4F.U. @ C.T. STRONGM"N SURVEYING LTD. O.loS. NO PERSON MAY COPY. REPRI THIS PLAN IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF C.T. I _OCIATtOltQfOIfTAftIO C T STRONG\IAN . WD SURVFfORI, .. .LU ,.. IU.'" FI'" 0 t . La '1485184 n ariO n' 4145 Burr A R.R. No.4, 01 ~ Telephone (7C Fax (705) . .' ...if3" '''~'''Qj' '--~G g~'.O! rr i! ".'.~.' .... .5" ""~ ,,~% -,F xei . 0 ... i ., .i~ ~4 i ,Cwo ~1~ "itll%~ _<4 .~;;' fit .. " - tD -........-F1:!..... ..,. aJ ',' '0 'It <( <( -.-'f ~IJ I:t:z. ,jio:D~ to CI L to to t- o ",,;2;,... ioI!;...... 0 _......... ~ f! J ... ~ <t t- ~- ~~~", .......... c:I ;F !M--rflUldlaJ-t41 . "'II'. . ,.. ... .' . :': :. : . .: ..' : ;... . l' . . ... '.. : .. ,:. ::. ~:': ~ : ' : ... . . It ~ .~ ..t eo ~... .,0 1 W ... U 0 o > /.. <( ~ 0 2., g:x.- ~,..- ...%1 dI_I- o t ft III :z o If' d :i ;E o u <( 0 e.I !t....i . ~t-Q tilt.>>. f4 <It"''"' . ':.I.f ..... .ni~~ !-..tell . c;. .{:)". \ _oeO ct It Z <4 Z '",,~';[J.L'IV 'N '\l <<I)~ D . t~l~ M III 0 Z Z :J I) \1hl 0 " ;rot )- ~ ~ :tIC 1 0 liB 0 0 ... ~!~ z..o~ tJ r-. )t ~:~ '.1- CeC .( .":> ...! t* - et- '1~'O~ ..".PI C"'''* .iI < 4'C of:~= tit }!~~I 4f)ZIll Ie 11ft JU"," I d'lOS! 4&(1 C it 2ru% " ..0 to i"'-II! ~. l <<G~ to U O}., :t ..ft. & >- ~ 14 f4 !(~It:l! CJ tit\) ..!:J $ Q g.; !~ 0 !1~.' Q. It! '" r.l .....11: IX g ~ ~7&il~ ~ ::r e '_ 'a4 - t y.HtW" to ~ j: .J'- '~II'rl! !>I ,"tit ..............- .....--..- "!.t..~. -.... .... ----.t.'NfS, ...... -..0.... # ,I )( ~ -.-~-L!. __ ~"I -'-.. ___. f )!. ---- -~ S1\.' 0 ------ ----- ~ '" ---~ ___---:..J..:1" :i ~ __;)""''''fI ~ ----- ,~,~ ,I -......-- ~ ~ --,-.. ,- \ ~~ -\0 \:26 - I TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: ADM 2004-008 Council Tamara Obee, Human Resources Officer Subject: Department: Council Selection Committee - Administration Director of Fire & Emergency C. of W. Services Date: . February 4, 2004 Motion # R.M. File #: Date: Roll #: . II BACKGROUND: II On December 31, 2003, Director of Fire & Emergency Services Paul Eenhoorn retired from his position with the Township of Oro-Medonte. The Director was requested to provide input as to the composition of the selection committee for the position. Former Director Paul Eenhoorn's recommendation included the addition of Fire Services Management Personnel in the selection committee. AL YSIS: Through discussions with senior staff and a analysis of the Director's position requirements as outlined in the job description, it is recommended that the following persons be included on the selection committee: Mayor, Deputy Mayor, CAO, former Director of Fire & Emergency Services Paul Eenhoorn, a District Chief from the Volunteer Firefighters (to be chosen by Paul Eenhoorn) and the Human Resources Officer. This composition reflects the selection team for a Department Head competition with special emphasis on Fire and Emergency Services delivery requirements. ... MMENDATION S : 1. THAT Report No.2004-008 be received and adopted. \ Q'o r l Tamara Obee Human Resources Officer C.A.O. Comments: Date: C.A.O. Dept. Head . - 2 - 2004 PITCH-IN CAN~ek PITCH-IN ONTARIO ! RECEn!lf"~ c/o PITCH-IN CANADA National Office J " ">~ii1- " "; "I, Box 45011, Ocean Park R.P.O. JAN 2 6 Voicemail: (604)"290-0498 White Rock, B.C., V4A 9L 1 20""4 Fax: (604) 535-4653 Web Site: www.PITCH-IN.ca ORO-M " . email: pitch-in@pitch-in.ca " EDC..." TOWNSHip! -- \l\a. Dear Mayor or Chair and Members of Council, Last year 867,547 Ontarions participated in PITCH-IN CANADA Week - and 3,637 projects I Their contribution in free labour to improve Ontario communities represented $21.5+ million! 2004 Registration Kits have been mailed to every school, Scouts, Guides, the Chamber of Commerce and many other groups in your community. Kits offer educational and promotional materials and garbagelrecycling bags for clean-ups of schoolgrounds, neighborhoods, parks, ravines, trails or shorelines. Habitat restoration, composting and recycling projects and beautification campaigns to instill community pride are also encouraged. Support these volunteers by becoming a "Partner in 2004 PITCH-IN CANADA Week" - April 19- 25, 2004. The theme is "Be ecoActive!": . appoint a local PITCH-IN CANADA Week coordinator: help identify and spearhead local clean-up and beautification projects and distribute our free materials. Register your community no later than March 31, 2004. We'll do the rest! . support local voluntary efforts: offer assistance with, and access to free, waste disposal. Recognize PITCH-IN volunteers - a gesture much appreciated bv them! . issue a Proclamation: see reverse for sample - and please send us a copy! . become a partner/member of PITCH-IN ONTARIO: have you responded to our request sent to you last October? Your support is critical to the volunteers who receive free materials. The benefits and cost of membership are available on our website - www.pitch-in.ca. . send a 'Thank You' letter to our sponsors: outline your contribution to the campaign. Address your letters to TD's Friends of the Environment Foundation and The Suncor Energy Foundation - send letters to us please and we'll include them in our final report. . become a "National Partner in Civic Pride" - fly the Civic Pride Flag and receive prominent recognition. The Town of Stony Plain, Alberta is the first Canadian community to fly the Partner Flag. Details available on our website. It's a great way to promote your community! . affix PITCH-IN decals to all your litter-receptacles: both on streets and in public facilities - it's inexpensive - all it requires is your Council's direction to make it happen! Win one of 300 campaign T-shirts. Complete the entry form on the back of this letter and send it to us if you decide to participate and to register your PITCH-IN Week project. VOt1K\.(;l.l 'RUM,ett Volunteer Director, ONTARIO \;J~=ti1.:J::I~~.~IS: the free bags are sent out on a first-come. first-served basis. starting the first week of April to ensure delivery in time for April 19th, 2004. We cannot guarantee supply and/or delivery by for Registrations received after March 31, 2004. Bag quantities are allocated by us to ensure that all registrants meeting the deadline receive bags for their project. OVER.... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-013 - \ A By-law to stop up, close and sell the original road allowance between Lots 20 and 21, Concession 14 (geographic Township of Oro), Township of Oro- Medonte, County of Simcoe, designated as Part 2, Plan 51R-32464. WHEREAS pursuant to Section 11(2) of the Municipal Act, 5.0. 2001, c.25, as amended, Council is empowered to pass by-laws respecting highways; AND WHEREAS pursuant to Section 34 of the Municipal Act, 5.0. 2001, c.25, as amended, Council is empowered to permanently close a highway after giving notice to the public; AND WHEREAS the original road allowance between Lots 20 and 21, Concession 14 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 2, Plan 51R-32464, more particularly described in Schedule "A" attached hereto and forming part of this By-law, is no longer required for municipal purposes; AND WHEREAS Section 268 of the Municipal Act, 5.0. 2001, c.25, as amended, authorize a Council of a municipality to dispose of surplus land in accordance with the provisions of a by-law passed by the Council, establishing procedures governing the sale of such land; AND WHEREAS Council passed By-law No. 2003-125 on the 26th day of November, 2003, being a By-law to govern the procedure for the sale of land within the Township of Oro-Medonte, pursuant to Section 268 of the Municipal Act, 5.0. 2001, c.25, as amended; AND WHEREAS Council has previously caused notice to be given of its intention to stop up, close and sell the lands described in Schedule "A" attached, in accordance with the requirements of Section 268 of the Municipal Act, and the requirements set out in By-law 2003-125; AND WHEREAS Council has determined that the said road is not required for municipal purposes, and has by resolution declared the original road allowance between Lots 20 and 21, Concession 14 (geographic Township of Oro), Township of Oro- Medonte, County of Simcoe, designated as Part 2, Plan 51R-32464, more particularly described in Schedule "A" attached hereto, to be surplus to the municipality; AND WHEREAS, Council has received no notice of objection to the proposed road closure and sale of landl from any party; AND WHEREAS pursuant to Sections 34 and 268 of the Municipal Act, 5.0. 2001, c.25, as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed By-law to permanently close and sell the original road allowance between Lots 20 and 21, Concession 14 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 2, Plan 51R-32464, to be published in newspapers of local circulation; AND WHEREAS the proposed By-law came before Council of The Corporation of the Township of Oro-Medonte for consideration at its regular meeting on the 4th day of February, 2004, and at that time no person objected to the proposed By-law nor claimed that his land would be prejudicially affected. \\ .- /\.. ,J) - d NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Permanently Close - Council does hereby permanently close the original road allowance between Lots 20 and 21, Concession 14 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designat~d as Part 2, Plan 51R-32464, more particularly described in Schedule "A" attached hereto and forming part of this By-law. 2. The Clerk shall, by notice in writing, offer to sell the lands described in Schedule "A" attached hereto and forming part of this By-law to the owners of the abutting lands. 3. Authorization of Sale - Council does hereby authorize the sale of the original road allowance between Lots 20 and 21, Concession 14 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 2, Plan 51R-32464, as described in Schedule "A" attached hereto, to the registered owner from time to time of the land described as Part of the East Half of Lot 20 and 21, Concession 14, (Geographic Township of Oro), Township of Oro- Medonte, County of Simcoe. 4. Sale Price - In accordance with By-law 2003-125, Council hereby sets the sale price for the original road allowance between Lots 20 and 21, Concession 14 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 2, Plan 51R-32464, as described in Schedule "A" attached hereto at a consideration of nil. 5. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. 6. Clerk's Affidavit -Schedule "B" attached hereto and forming part of this By-law is an Affidavit of Marilyn Pennycook, Clerk of The Corporation of the Township of Oro-Medonte, setting out the procedures taken for the publishing of the said Notice pursuant to the provisions of the Municipal Act. BY-LAW READ A FIRST AND SECOND TIME THIS 4TH DAY OF FEBRUARY, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2004. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook \~~ - 3 Schedule "A" to By-law No. 2004-013 for The Corporation of the Township of Oro-Medonte The original road allowance between Lots 20 and 21, Concession 14 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 2, Plan 51R-32464, PIN #58564-0039 (Lt). Schedule "B" to By-law 2004-013 for The Corporation of the Township of Oro-Medonte PROVINCE OF ONTARIO, COUNTY OF SIMCOE, IN THE MATTER of the permanent closing and sale of the original road allowance between Lots 20 and 21, Concession 14 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 2, Plan S1R-32464 AFFIDAVIT I, Marilyn Pennycook, of the Township of Oro-Medonte in the County of Simcoe, make oath and say as follows: 1. The Deponent I am the Clerk of The Corporation of the Township of Oro-Medonte, and as such have knowledge of the facts hereinafter deposed of. 2. Publication Pursuant to Sections 34 and 268 of the Municipal Act, S.O. 2001, c.25, and amendments thereto, I did cause to be published in the Barrie Examiner, The Orillia Packet and Times and the Midland Free Press newspapers of local circulation, a Notice of the proposal by The Corporation of the Township of Oro- Medonte to pass a By-law to permanently close and sell the original road allowance between Lots 20 and 21, Concession 14 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as Part 2, Plan 51R-32464, described in the said Notice. 3. Copy of Notice Attached to this my Affidavit as Exhibits "A" and "B" are copies of the actual Notices as they appeared in the Barrie Examiner( Orillia Packet and Times and the Midland Free Press. 4. Date of Publication A Notice of permanent closure and sale was published on the 16th day of January. Due to a correction to the Notice, a subsequent Notice was published on the 20th day of January. 5. Council Meeting The proposed By-Jaw came before the Municipal Council at its regular meeting on the 4th day of Februaryl, 2004, and at that time, no person or persons made any claim that his land would be prejudicially affected by the By-law. SWORN before me at the Township of Oro-Medonte, in the County of Simcoe, this day of 2004. ) ) ) Marilyn Pennycook A COMMISSIONER FOR TAKING AFFIDAVITS, ETC. .. Exhibit ' A' to_By-Law 2004-013 T~'l (o<<t'OAA flO"- \){ TifT TOWN.&IiIP r9~~~e?~. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE NOTICE OF PROPOSED ROAD CLOSIN~ AND SALE BY-LAW ., TAKE NOTICE that The Corporation of the T~wnship of Oro~Medonte proposes to pass a By-law to stop up, close and sell a portion of road in the 'rownship'of Ord- Medonte; County of Simcoe, more particularly described in Schedule 'W' hereto. AND FURTHER TAKE NOTICE that the proposed By-law will come before the Council of the Corporation of the Township of Oro-Medonte at its regular meeting to be held at the Council Chambers on the 4th day of February, 2004 at 7:00 o'clock . p.m. attdat that time Council will hear in person or by his. counsel, solicitor or agent, any person who claims that his land will be prejudicially affected by the By-law. Comments may also be submitted, in writing, to the Clerk: prior to February 4, 2004. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 13th DAY OF JANUARY, .2004. SCHEDULE "A~' ./ Part of the original road allowance known as Part of the Road Allowance between Lots 2Q and 21, Concession 14 (geographic To~nship of Oro), Township of Oro- Medonte, more particularly described as Part 2, 51R-32464. . VJ N .1{') 1 ' .... 41 t::: :.:J ~. . Loke SImcoe, '" \\o~ -5 Exhibit 'B1 to By-Law 2004-013 P~:~TlftJ ~ J'JtN:Ji> ' CORRECTION THE CORJ'ORATJON OF THE TOWN&IiIP ~O~~ THE CORPORATION OF THE TOWNSHIP OF ORO..;f\;IEOONTE ti.9J]CE OFPROPOSEI> ROAD CLQSING~b~ pY-LAW TAKE NOl1CE that The COfpOration oftbe T()Wl)wp()f~Medonte pt'0J.X1M'i to passa By.)aw to mop up, cJ~and $dh pomQQ.Qfroadin.theTownship.ofOro- Mcdl:mtc, Coilnt)' bfSjmooc. ~ pa.rticuiarJy described inSc.hti4u.J.e"A" ~IO. ArmY-ORTnER TAKE NOTICE tb8t. the ~ By4awwill come beI'tn ~ Councn orThe Corporntiooof tbe ToWfi$obw oIOro-)4~8t,its ~~ to be beld at tbe CoonoilChamOmi Qn tbc: 4'iti day t>! Februaryt.2OO4 at 7:00 o'clock:p.m. Bt1d at that time. Counc;:j) wm b~ in. person or by hisCOUMd. ,aolicOOror agent. *DY peJW:Q. who cl",irm t~ IU$ 4iod ....ill be proJudicia11y a~ 'bY'\hc Dy-t.w. ~~~'\:$may aJ.SO 'be $ubmi~ ,in writing. to the Maril)'Il'P~. C1~ priw to 'February 4, lOO4. DATED AT THE TO\',':NSHIP OF ORQ-MEOONT.E THIS 13111 DAY OF JANUARY. 2004.. . SCHEDULEKA" Part of the original road aUowanC'c known a., pflrt qf 1be Road AlM>waooe betwVcn Lots 20 and 21. Conccmon I", ~pphic Township ofOro). Township ofOro-Medonte. more particuJady ~'bedasPari:2. 51R..32464. . . (f) .;:t. ~ .(J) c: :.J 1\ \.j II . . ~ N.T .5. \ \0<=1 -lo \\j)\o ,,\ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-014 Being a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro-Medonte and Arbourwood Estates Limited (Phase III) 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 Pt. Lot 2, Range 2, being Part 1, 51R-29258, Save and Except Parts 1 and 2, 51R-29574, being all of PIN #58552-0284(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 Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A'. 2. That 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; 3. That this By-Law shall come into force and take effect on the final passing thereof. By-Law read a first and second time this 4th day of February, 2004. By-Law read a third time and finally passed this day of ,2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook ... \~\;; -) SCHEDULE':A'to BY-LAW 2004-014 SUBDIVISION AGREEMENT - between - ARBOURWOOD ESTATES LIMITED (PHASE III) - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE January, 2004 By-Law No. DESCRIPTION OF LANDS Pt. Lot 2, Range 2, Being Part 1, 51 R-29258 Save and Except Parts 1 and 2, 51R-29574 Being all of PIN #58552-0284 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE Ipublic works/2004 subdivision agreements/standard subdivision agreement " TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT \l1 \n - ) TABLE OF CONTENTS Part 1 General Requirements Part 2 The Lands, Plans and Representations Part 3 Requirements Prior to Execution of Agreement Part 4 Pre-Construction Requirements Part 5 Financial Requirements Part 6 Staging or Phasing Part 7 Construction Requirements Part 8 Building Permits and Occupancy Part 9 Maintenance and Acceptance Part 10 Default Provisions SCHEDULES Schedule "A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "0" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule "E" - List of Lots Unsuitable for Building Purposes and/or 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 TOWNSHIP OF ORO-MEDONTE \\y ~ - q THIS AGREEMENT made as of the day of ,2004. BETWEEN: ARBOURWOOD ESTATES LIMITED (PHASE III) (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 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 (43T-94004M) 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 PART - 1 \\..c~ -, GENERAL REQUIREMENTS 1.1 DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ Engineers registered and in good standing with the Association of Professional Engineers of Ontario: 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 1.1.10 To prepare designs in accordance with the Township of Oro- Medonte Engineering Standards and Drawings (dated October, 1997). To prepare and fumishall required drawings and specifications. To prepare the necessary contract(s) and provide contract administration. To 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. To act as the Developer's representative in all matters pertaining to the subdivision. To provide co-ordination in scheduling to comply with the timing provisions of this Agreement and the requirements of the Township Engineer, for all the work specified in this Agreement. To provide supervision during construction of all the services. To ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering practice. To maintain records of construction, which shall be available for inspection or copy by the Township. To 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 12 drawing format or DXF and be delivered on a 1.44 MB floppy diskette. Two copies of each Plan of Subdivision are required on separate diskettes. Each diskette must be labeled identifying the legal property description, developer's name, file name, and date delivered. PKZIP Release 2.04G 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 \ \s> \0 - \,j) 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. LA YERlLEVEL PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW (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. LA YERlLEVEL PL LTTEXT FONT MONOTEXT COLOUR YELLOW (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". 1.1.11 To fumish the Township with a certificate 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 afore-mentioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). 1.1.12 To prepare and provide the Township, for each lot or block within the plan, a certificate of final grade elevation, 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 retained to provide the afore-mentioned 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 and 1.1.12, but it may be provided by a Professional Engineer, other than the Developer's Consulting Engineer. If the Township has their Engineer 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. 5 1.2 LEGAL NOTICE TO DEVELOPER \l9\n -l 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: Mr. Frank Reiss 123 Sheppard Avenue East TORONTO, Ontario M2N 3A5 Telephone #: (416) 201-2225 (416) 512-7558 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. 1.3 REGISTRATION 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. 1.4 VOIDING 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. 1.5 MORTGAGEE 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. 1.6 ASSIGNMENT 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. 1.7 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant 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 PlanninQ 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 6 \ \.ob -~ 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. 1.8 EASEMENTS 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. A list of easements and rights-of-way shall be set out in Schedule "G" of this Agreement. 1.9 ELECTRICITY 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 agreement(s) 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 bome by the Developer. 1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING The Developer agrees to advise all prospective purchasers 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 accommodated in temporary facilities out of the neighbourhood schools' area. This clause is to be placed in any 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. 1.11 CANADA POST The Developer agrees to construct a site to the specifications and standards of Canada Post and the Township, as required for the construction of mailboxes by Canada Post. 1.12 MINISTRY OF THE ENVIRONMENT The Developer and each individual lot owner, agrees to comply with the requirements and recommendations of the Hydrogeologist's Report prepared by Wilson Associates dated April 11 , 2003. 1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses, 1.1.11, 1.1.12 and Note of 1.1, 1.10,1.11,1.12,5.5,5.7.2,7.3,7.9,7.16,8.1,8.1.1, 8.2, 8.3, 8.4, 8.5, 9.8 and Schedule "F", to each prospective purchaser of a lot(s). 1.14 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its 7 \~\n- ~ 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. 1.15 ENUREMENT This Agreement shall endure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. 8 PART-2 \ ~\I/) - \ () THE LANDS. PLANS AND REPRESENTATIONS 2.1 SCOPE OF AGREEMENT 2.2 DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule "A" hereto. 2.3 PLAN 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 issued by the Township of Oro-Medonte, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the. Schedules hereinafter referred to. 2.4.2 The 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 Storm Water Management Study prepared by Reid and Associates (1994) Ltd. dated revised May, 2000: DrawinQ No. M-Plan G-0110B-2GN1 G-0110B-2GEN1 G-0110B-2GEN2 G-011 08-2LG 1 G-01108-2LG2 G-01108-2PP1 G-0110B-2PP2 G-01108-2PP3 G-0110B-2PP4 G-0110B-2PP5 G-0110B-2D1 G-01108-2D2 G-01108-2D3 G-0110B-2D4 G-0110B-2D5 G-0110B-2E1 G-01108-2HYD Description Legal Survey Plan 51 M- General Notes General Servicing General Servicing Lot Grading and Storm Drainage Area Plan (Lots 1-5) Lot Grading and Storm Drainage Area Plan (Lots 6-9) Plan and Profile - Jenna Court Plan and Profile - Diane Court Plan and Profile - Storm Easement - ST .O+OOO-ST A.0+230 Plan and Profile - Storm Easement- ST .0+230-ST A.0+465 Plan and Profile - Utility Easement - ST.O+OOO - STA.0+167.91 Provincial Standard Details Township Standard Details Township Standard Details Typical Cross-Sections - Sections A-A to E-E Typical Cross-Sections - Sections F-F to G-G Streetlighting Underground Hydro Design 9 \ \.b\) -\ \ 2.4.3 All Plans and Specifications submitted to and accepted by: 2.4.3.1 2.4.3.2 2.4.3.3 2.4.3.4 Ministry of the Environment Electrical Distribution Utility Township of Oro-Medonte County of Simcoe 2.4.4 All 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. 2.5 RELIANCE 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 filed and accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance upon those representations. . 2.6 SCHEDULES AlTACHED The following Schedules are attached to and form part of this Agreement: Schedule ,jAil - Schedule HBH - Schedule "C" - Schedule "D" - Schedule "E" - Schedule "F" - Schedule "G" - Schedule "H" - Schedule "I" Schedule "J" - Schedule "K" - 2.7 SUBDIVISION CHANGES Description of Lands Affected by this Agreement Plan of Subdivision Works to be Constructed Itemized Estimate of Cost of Construction of Each Part of the Works List of Lots Unsuitable for Building Purposes and/or List of Lots Requiring Special Attention Development Charges Deeds and Easements to be Conveyed Parkland Declaration of Progress and Completion General Location and Lot Grading Plans Standard Township Letter of Credit 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 Engineer. 10 PART - 3 \\.9~ - \~ REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT 3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer shall: 3.1.1 Taxes - have paid all Township tax bills issued and outstanding against the said lands. 3.1.2 Deeds 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. 3.1.3 Postponement Mortqaqe/Charqe - file with the Township solicitor, for his approval, a postponement of Mortgage/Charge document. 3.1.4 Cash Deposits. Development Charqes and Security - have paid to the Township all cash deposits, development charges and security required by Schedules "D" and "P'. 3.1.5 Construction/Enqineerinq 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. 3.1.6 Electricity - 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. 3.1.7 Insurance Certificate - file with the Township Clerk, an insurance certificate confirming those coverages specifically set out hereafter. 3.1.8 Consultinq Enqineer'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. 3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical Distribution Utility, Bell Telephone, the Natural Gas Utility, Cable T.V. 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: 11 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 Simcoe County District School Board 3.1.11.6 Simcoe Muskoka Catholic District School Board \ \.5>~ - \) 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 Mvlars - 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. 12 \ ~\o,\lt PART-4 PRE-CONSTRUCTION REQUIREMENTS 4.1 Prior to starting construction of the subdivision works, the Developer shall: 4.1.1 Plan ReQistration Obtain final approval of the Plan from the Township of Oro-Medonte and obtain registration of the Plan. 4.1.2 Approval of Plans The Developer and the Engineers employed by him shall have the plans and specifications for the works approved by the Township Engineer prior to construction and the originals must be stamped as accepted by the Township Engineer. Submit and obtain the Township Engineer'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; iv) the road and sewer plans and profiles. 4.1.3 Certificate of Approval Submit to the Township, the Ministry of the Environment's Certificate of Approval for Storm Drainage Works, detention facilities and waterworks. 4.1.4 Contractor The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township Engineer. The Township and Township Engineer are to be provided with the names and phone numbers of personnel responsible for the works, including emergency phone numbers. 4.1.5 SchedulinQ of Works Prior to the start of construction, the Developer shall supply for the Township Engineers, 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 Engineer may amend this Schedule and the Developer shall construct, install or perform the works as the Township Engineer, 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 4.1.8. 4.1.6 Erosion 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 therefrom. A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township Engineer. Prior to any 13 \ ~VJ ~ 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 Engineer. The Plan shall detail the means whereby erosion and siltation and their effects will be minimized on the site during and after the construction period. 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 Engineer. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction. 4.1.7 SiQns 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 Engineer. 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). 4.1.8 Notification of Commencement and Completion The Developer shall not commence the constrtiction of any of the works until the Developer has provided forty-eight (48) hours written notice to the Township Engineer, 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 Prbgress and Completion, as required under Clause 7.11 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township Engineer. Subsequent phase 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 Engineer before work is resumed; 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; a) 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 b) 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. 4.2 BREACH 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. 14 PART - 5 \ \.9 '0- \ \.J; FINANCIAL REQUIREMENTS 5.1 DEVELOPER'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. 5.2 TOWNSHIP'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. 5.3 DEVELOPER'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. 5.4 UTILITY 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 (Underground Services) is issued. If an additional electrical service is required for Township purposes, the Developer shall include the cost of installation and maintenance of the service. 5.5 DEVELOPMENT 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. 15 \~V) l c) Before the Plan is approved, the Developer agrees to commute and pay the Township's share of any charges made under the Drainaqe 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. 5.6 SECURITIES 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 Engineer 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 "0" 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, 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 Engineer 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 Engineer, within thirty (30) days of notice, by registered mail, from the Township Engineer. In the event that the Developer fails to deliver to the Township the additional security as required by the Township Engineer, 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 altemative 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 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. In the event that the tendered contract price for the Township services set out in Schedule "0" 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. 16 \\.D \0 - \<6 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 forthe 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) Exceedinq 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~ontractors 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 retumed to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 5.7 DISCHARGE OF SECURITIES 5.7.1 Estimated 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 Engineer, 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 Developers Engineer shall provide an estimate of the cost to complete the work. This amount, when approved by the Township Engineer, shall be retained along with twenty percent (20%) of the completed work estimate and the remainder released. A further ten percent (10%) of the completed work 17 \~'v->-\q 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. 5.7.2 Final Occupancy and Lot Gradinq Deposit - the Developer 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 Engineer, the balance of the deposit shall be retumed. 5.8 STATUTORY 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 hold backs, 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. 5.9 PLEDGE 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. 5.10 INSURANCE CERTIFICATE AND POLICY 5.10.1 Policv 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. 5.10.2 Comprehensive General Liability/Environmentallmpairment Liability 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) producVcompleted 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 5.10.3 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. 18 \ \.s>,v) ~ d.-O 5.10.4 Certificate of CoveraQe - 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 Policv 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. 19 PART-6 \\0\j - ~ \ STAGING OR PHASING 6.1 STAGING 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 fumishing 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 Engineer, 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 (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 Engineer, 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 Engineer have not been completed 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 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. 20 PART-7 \~\; - J~ CONSTRUCTION REQUIREMENTS 7.1 WORKS 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 Engineer 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 Engineer. 7.2 CONSTRUCTION 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. 7.3 PRESERVATION AND PLANTING OF TREES 7.3.1 The Developer must preserve all healthy trees within the limits of the subdivision, where possible. If, in the opinion of the Township Engineer, 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. 7.3.2 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a minimum of 50 mm caliper on each lot having less than three (3) trees in the front yard(s), if required by the Township. The type of trees must be satisfactory to the Township. 7.3.3 In addition, the Developer shall plant trees with the above specifications at 15 metre intervals around the perimeter of the park, if one is to be located within the plan, in areas where there is not a sufficient growth of trees. 7.4 MOVEMENT 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 Engineer. 7.5 BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township Engineer or Township Public Works Official, written permission for carrying out the blasting operation, and shall obtain the blasting 21 -J) 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. 7.6 ACCESS ROADS All access roads must be maintained by the Developer in good repair acceptable to the Township Engineer and Township Public Works Official 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 Public Works Official. For the purpose of getting such consent, the Developer shall advise the Township Public Works Official 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. 7.7 DAMAGE 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 Engineer 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. 7.8 DUST CONTROL Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been issued, the Developer shall apply calcium 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 Engineers. 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. 7.9 CONSTRUCTION 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 to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. 7.10 INSPECTION 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 Engineer 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 Engineer 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 22 i"I.. \\ -~ ""1 , 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. 7.11 DECLARATION OF PROGRESS AND COMPLETION 7.11.1 Prior to the approval of the underground services, the Developer shall provide the Township Engineer 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 Engineer. The Township reserves the right to alter the completion dates as it sees fit and the Developer agrees to complete the services. 7.11.2 It 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 FIFTY DOLLARS ($50.00) for each and every day the said services are behind schedule of construction, and NO FURTHER BUILDING PERMITS SHALL BE ISSUED. 7.12 PROGRESS 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 Engineer 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 accordance with the Schedule of Works or as directed by the Township Engineer. 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 Engineer, then upon the Township Engineer giving seven (7) days written notice by prepaid registered mail to the Developer, the Township Engineer 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 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 Engineer. 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. 7.13 SUBSTANTIAL 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. 23 ~~ Building Permits will not be issued until the Township Engineer 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 Clause 9.3. 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 normal operation, maintenance, and all repairs of the services, in this case, until the Township has assumed the responsibility of the services; 7.14 EMERGENCY 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. 7.15 USE 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 a.nd maintenance of the works so used. 7.16 DRAINAGE AND LOT GRADING All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with overall Grading Plans G-01108-2LG1 and G-01108- 2LG2 prepared by the Developer's Engineer, and approved by the Township Engineer on November 15, 2002 and the Township of Oro-Medonte. Some fill and regrading 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 Engineer. 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 Jot 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 24 ~ \\;\j~ ~\c 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 427 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 open ditches within the subdivision or storm sewers in certain locations to provide a satisfactory drainage outlet, and will be in accordance with Drainage Plans G-01108-2LG1 and G-01108-2LG2 prepared by the Developer's Engineer, and approved by the Township Engineer on November 15, 2002 and the Township of Qro-Medonte. 7.17 PARKLAND WORKS The Owner has conveyed the parkland on the abutting lands to the north, described as 43T -92024, 51 M-696, Blocks 101 and 103. 7.18 DEFINITIONS For the purposes of this Subdivision Agreement: (i) The term "Underground Services" shall mean the storm drainage works (including culverts, storm sewer and detention pond), waterworks, 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 Substantia.l Completion and Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer 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 Engineer. 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 Engineer 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 25 ~ \\j;\1) . J' 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 Engineer 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 Engineer. 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 Engineer 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. (vii) 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 (Aboveground Services), as the provisions of this Subdivision Agreement require. 26 " PART-8 \, \j,\ ,,1;/""1 , '^.. , \ . .J 'i:;f BUILDING PERMITS AND OCCUPANCY 8.1 TOWNSHIP OF ORO-MEDONTE The 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 Sewage System Permit approval has been received for the land in question. The Developer's Engineer shall prepare an overall Lot Development Plan for approval by the Township of Oro-Medonte and the Township Engineer, as a further requirement to Clause 7.16. The Plan shall include the following: a) envelopes for the proposed house and any adjacent structures on each lot. b) an envelope showing the location, size and elevation of the subsurface sewage system on each lot and all pertinent engineering design criteria. c) existing and proposed grades of the disturbed area of lot after building, drainage and sewage works have been completed. d) existing and proposed grades on lot comers and mid-lot elevation. e) location and type of proposed water. 8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed Site Development Plan for each lot may be required to be prepared by a Professional Engineer registered with the Association of Professional Engineers of Ontario, experienced in private sewage system design, for approval by the Township Engineer, prior to the issuance of a Sewage System Permit for each respective lot. Site Development Plans, which conform to the overall Lot Development Plan at an approved metric scale using metric dimensions and elevations, shall include the following: a) the location, dimensions and elevations of the proposed dwelling and any structures to be located on the lot, as well as any adjacent structures on the adjacent lot(s). b) the location, size and elevation of the sewage system, all engineering design criteria and standards pertaining thereto, shall be provided. c) the location and type of water well, including the water service line to the dwelling. d) the existing and proposed grades of the disturbed area on the lot after building, drainage and sewage works have been completed. e) the location and grades of any proposed drainage swales. f) the Professional Engineer 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. g) the Professional Engineer will be required, prior to the issuance of a Final Inspection Report, to certify to the Township of Oro-Medonte, in writing, that the foregoing works have been carried out in accordance with the approved Plans noted above. 27 , \\V~ --~ ~ The Developer further agrees to construct all works required under Clause 7.16, and as shown on the approved Lot Grading and Storm Drainage Area Plans G-01108-2LG1 and G-01108-2LG2 prepared by R. J. Bumside and Associates Ltd. to the satisfaction of the Township of Oro-Medonte and the Township Engineer. 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. 8.2 REQUIREMENTS FOR BUILDING PERMITS The approval of the Plan by the Township, or the acceptance by the Township of the works, shall not be deemed to give any assurance that the Building Permits, when applied for, will be issued in respect of the lots or blocks shown on the Plan. Notwithstanding the foregoing, no Building Permits will be given and the Chief Building Official may refuse any application until: (i) Township of Oro-Medonte approvals have been obtained and submitted to the Township. The Township of Oro-Medonte sewage approval authority requirements are set out in Clauses 7.16 and 8.1. . (ii) The Storm Water Management System and Waterworks have been installed, tested and approved by the Township Engineer and he has issued his Certificate of Substantial Completion and Acceptance (Municipal Underground Services). (iii) Plans for remaining underground services such as Bell Telephone, Electricity or Natural Gas have been approved. (iv) A "Builders" road consisting of the grading, curb and gutter or ditch shaping and full depth of Granular "B" sub-base, has been constructed on the road providing access to the lot. (v) Approval of the Township Engineer 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 4.1.7. (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 Lot Grading Plans, or has received the approval of the Township Engineer with respect to any variance to the Grading Plan. The individual Lot Development Plan must be approved by the Township Engineer 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. (x) The parkland must be completed to the satisfaction of the Township, as per Section 7.17. 28 t \\sJ'vJ - ~() (xi) The Traffic and Street Name signs have been installed and approved by the Township Engineer. . (xii) Any development charges have been paid, in full, in accordance with the applicable development charge By-Laws, enacted pursuant to the Development Charqes Act. 1997, as well as By-Laws enacted pursuant to Section 257.53 of the Education Act, or alternate arrangement satisfactory to the body enacting the development charge By-Law, have been made and the same has been communicated to the Chief Building Official for the Township of Oro-Medonte, in writing, by such a body. 8.3 LOTS 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 Engineer 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. 8.4 MUNICIPAL ADDRESS SYSTEM The Developer shall be responsible for obtaining the municipal address system numbers for each and every lot from the Municipal Office. As a further requirement, in order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the afore-mentioned 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). 8.5 REQUIREMENTS FOR OCCUPANCY 8.5.1 No 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 roadbase materials full depth and the base course of asphalt, provided asphalt is commercially available. (ii) The underground electrical, telephone lines, gas mains and street lights have been installed and approved by the Township Engineer. (iii) A Certificate Letter and individual 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 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 Engineer. The final grading on the individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a FINAL CERTIFICATE OF OCCUPANCY. 29 \~\t)-3\ FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. (iv) Driveway culvert and end protection has been provided to the satisfaction of the Township, in accordance with the Township's Road Occupancy Permit. (v) The trees have been planted on the lot by the Developer in accordance with Clause 7.3. (vi) Any deficiencies on a Provisional Certificate of Occupancy has 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. 8.6 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 8.5 are installed to the home occupied to the satisfaction of the Township Engineer, then the Developer agrees to pay to the Township, liquidated damages in the amount of Q!:!.S . HUNDRED DOLLARS ($100.00), 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 Engineer 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. 30 PART-9 \~\; - ~') MAINTENANCE AND ACCEPTANCE 9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES On receipt of the Developer's request for a final inspection of the underground services, the Township Engineer 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 tor 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 normal operation, maintenance, and all repairs of the services in this case until the Township has assumed the responsibility of the services. 9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES. 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 Engineer and Public Works Official shall make an inspection to ensure that the Township will accept the road system. The Township Engineer 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 Council approves the issuance of the Certificate. 9.3 MAINTENANCE 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 Council 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 and detention pond, 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 Engineer 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 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. 31 \~\j~ ~~ 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 services. 9.4 WINTER 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 Public Works Official. 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 Labour Mixed Sand and Salt Payroll Burden - 41 % Administration - 7% G.S.T. - 7% $40.00/hr. $20. OO/h r. $12.00/m3 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. 9.5 REPLACEMENT 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. 9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES Upon receipt of the Developer's request for a final inspection of the Aboveground Services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance be issued. 32 \ \.DD -- '3 L\ 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. 9.7 RELEASE 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 Engineer. 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. 9.8 DRAINAGE - 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 7.16 of this Subdivision Agreement. The Developer agrees to provide a copy ofthis Section 9.8 and Section 7.16 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 Jot owner. Any invoices not paid within thirty (30) days after due date, shall be added to the tax roll and collected in a like manner as realty taxes as per Section 427 of the Municipal Act. 2001. 33 PART -10 - DEFAULT PROVISIONS \ \.0'0 ~ ~~ 10.1 DEFAULT PROVISIONS Notwithstanding anything herein before contained in this Subdivision Agreement, and 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 and/or Occupancy Permits, and the Developer agrees not to apply for any Building Permits or Occupancy Permits 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. 10.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators and assigns. 10.3 SUBSTITUTION 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 Govemment or of the Township. 10.4 CHARGES 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 427 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 ,2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per J. Neil Craig Title Mavor Per Marilyn Pennycook Title Clerk ARBOURWOOD ESTATES LIMITED - PHASE III Per ~fZ<--~ ' . Frank Reiss Has the Authority to Bind the Corporation 34 SCHEDULE "A" \\y~- ~lo NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND ARBOURWOOD ESTATES LIMITED - PHASE III. 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: Pt. Lot 2, Range 2, being Part 1 , 51 R-29258, save and except Parts 1 and 2, 51 R- 29574, being all of PIN #58552-0284 (Lt), Township of Oro-Medonte, County of Simcoe. 35 NOTE: SCHEDULE "B" \~'o - ~l It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND ARBOURWOOD ESTATES LIMITED - PHASE III. 51.M PLAN OF SUBDIVISION 36 NOTE: SCHEDULE"C" \~'o -?J ~ It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND ARBOURWOOD ESTATES LIMITED - PHASE III. WORKS TO BE CONSTRUCTED Road works, including clearing and grubbing, excavation, placing granular road base materials, concrete curb and spillways, and two lifts of asphalt and walkways. - Storm Drainage Works, including detention pond, topsoil, seed and mulch, sodding of ditches, and siltation and erosion control devices. - Water works, including water mains, valves, hydrants and valves water services. - Street name and regulatory signs, electrical supply, including streetlight control panels and duct crossings. All of the above works are incorporated onto the following Drawings prepared by R. J. Burnside and Associates Ltd., Municipal Affairs No. OM-T-94004: DrawinQ No. M"Plan G-01108-2GN1 G-01108-2GEN1 G-01108-2GEN2 G-01108-2LG1 G-01108-2LG2 G-01108-2PP1 G-01108-2PP2 G-01108-2PP3 G-01108-2PP4 G-01108-2PP5 G-01108-2D1 G-01108-2D2 G-01108-2D3 G-01108-2D4 G-01108-2D5 G-O 11 08-2E 1 G-01108-2HYD Description Legal Survey Plan 51 M- General Notes General Servicing General Servicing Lot Grading and Storm Drainage Area Plan (Lots 1-5) Lot Grading and Storm Drainage Area Plan (Lots 6-9) Plan and Profile - Jenna Court Plan and Profile - Diane Court Plan and Profile - Storm Easement- ST .O+OOO-ST A.0+230 Plan and Profile - Storm Easement- ST.0+230-ST A. 0+465 Plan and Profile - Utility Easement - ST.O+OOO - STA.0+167.91 Provincial Standard Details Township Standard Details Township Standard Details Typical Cross-Sections - Sections A-A to E-E Typical Cross-Sections - Sections F-F to G-G Streetlighting Underground Hydro Design The above-referenced Drawings were stamped, as accepted, by the Township Engineers, R. G. Robinson and Associates (Barrie) Ltd., on November 15,2002. 37 SCHEDULE "D" \ ~ '" ~ ') c,\ NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND ARBOURWOOD ESTATES LlMTED - PHASE III. 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: A) Roadway construction complete,. including clearing and grubbing, excavation, granular road base materials, concrete curb and spillways, and two lifts of asphalt............... ................................................................. .$136,525.00 B) Storm Drainage works complete, including storm sewers, Ditch inlet catchbasins, culverts, detention pond, topsoil, seed and mulch, sod, ditching and siltation and erosion control devices.................................,............................ ......$ 73,973.00 C) Waterworks, including watermains, valves, hydrants and valves, water services and modification to pumphouse..........$ 58,115.00 D) Miscellaneous items such as street name and regulatory signs................................................................$ 1,000.00 E) Electrical supply, including street lights, control panels and duct crossings............................................$ 29,408.50 F) Parkland works, including grading, trees, fence and park sign................................... ................. ..............$ 0.00 SUB-TOTAL $299,021.50 G) Allowance for Engineering and supervision.. .. .. . .. .. .. .. .. .. .. . ...$ 29,902.15 7% G.S.T. $328,923.65 $ 23,024.65 TOTAL GRAND TOTAL COST $351,948.30 38 NOTE: SCHEDULE "E" \ ~VJ - ltC) It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND ARBOURWOOD ESTATES LIMITED - PHASE III. LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES AND/OR LIST OF LOTS REQUIRING SPECIAL ATTENTION 39 SCHEDULE "F" \~~ -L\. \ NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND ARBOURWOOD ESTATES LIMITED - PHASE III. 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 By-Law 99-081 of the Township of Oro- Medonte 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 be advised that spacific 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; and in the case of the Simcoe County District School Board, the Superintendent of Facility Services. Please also be advised that development charge By-Laws may be enacted after the date of this subdivision by the County of Simcoe, pursuant to the Development CharQes Act. 1997. S.O. 1997. c.2?, which may impose a charge on the development of the lands within the plan of subdivision; Also, please be advised that the above-referenced By-Laws enacted pursuant to the Development CharQes 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. 40 SCHEDULE"G" \~~ ..4~ NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND ARBOURWOOD ESTATES LIMITED - PHASE III. 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 bome by the Developer. 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 1 .1 Block 10 9.0 m Walkway 51M- 2.0 STORM EASEMENTS 2.1 Lot 3 2.2 Lot 3 2.3 Lot 8 6.0 m Easement 10.0 m Easement 10.0 m Easement 51R- 51R- 51R- 3.0 UTILITY EASEMENT 3.1 Lot 2 3.2 Lot 9 6.0 m Easement 6.0 m Easement 51R- 51R- 41 SCHEDULE "H" \~b -li'~ NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND ARBOURWOOD ESTATES LIMITED - PHASE III. PARKLAND The Owner has conveyed the parkland on the abutting lands to the north, described as 43T-92024, 51M-696, Blocks 101 and 103. 42 SCHEDULE "I" \ \sJ'vJ ~ LtL\ 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 ARBOURWOOD ESTATES LIMITED - PHASE III 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 Engineer 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 and parks on or before_ d) Boulevard sodding on all roads on or before e) Hot asphalt on or before f) Planting of trees 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; 43 ~ - 4. \0\0 -Y5 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 FIFTY DOLLARS ($50.00) for each and every calendar day the said services are behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. ARBOURWOOD ESTATES LIMITED- PHASE III Seal or Witness Date 44 ~ SCHEDULE "J" \lcb, y~ NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND ARBOURWOOD ESTATES LIMITED - PHASE III. GENERAL LOCATION AND LOT GRADING PLANS PROCEDURE After the General Location and Lot Grading Plan have been approved by the Township, then: a) six copies to be delivered to the solicitor for the Township. b) six copies to be delivered to the Township. c) Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered to the solicitor for the Township. 45 Trade Finance Centre 29 December, 2003 56213-UfS!a 2106C 8Il-0W:;;' ~u~ ~.c ,",.'-'.,- ....,,'.-.. Berae~ciary:... TheCorporationofthe..Townshipof Or.q,,:Medont~; p.Q.aox1 00 148Lirae SevehSouth Oro,Ontar'io LOL 2X0 Am()(Jn~: ..\. .....~~Dt73,218.40 Qn~ Hundre,d~rd$~venty Three Thousand TwoHlJndred...~l)dEighteen .CanadianDollars Fo~ . . Applicant: Arbourwood Estates Ltd. 123 Sheppard Avenue East Toronto, Ontario M2N3Z5 Date of Expiry: 29 Decernber 2004 . .',',,'- ",'.,' -."-.'. .... .... -,,'_: ':'" ",'-, -. ','. ' :. -_... -'" .~ . ,..: " ,'C',"- " . W~herebyaLthodze you to draw on Canadian Imperial Bank of Commerce, Trade Finance Centre, Toronto, Ontc:lri.() \for the account of Arbourwood Estates Ltd. up to an aggregate amountof CAD173,218.4() (One Hundred and Seventy Three Thousand Two Hundred and Eighteen Canadian DollarS Forty} available on demand; Pursuanttotperequestof our saidcustorner, Arbourwood Estates Ltd., we, Canadian Imperial Bank of Comrnerce,l1~reby establishes and giye to you this irrevocable letter of credit in your favour in the above amount whic~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 betwe.e9yourself and our said customer to make such demand, and without Tecognizingany claim of oursaidcustorner,or objection by them to payment by us. Demand shall be by way of a letter signedby.an authorized signing officer of the Corporation of the Township of Oro-Medonte, attached to which shall be the original letter of credit and presentation shall be made to Canadian Imperial Bank of Commerce atTrade Finance Centre, The Atrium on Bay, 595 Bay Street, 7th Floor, Toronto, Ontario M5G 2M8. This letter of credit, we understand, relates to a Subdivision Agreement between our said customer and the Corporationofthe Township of Oro-Medonte regarding Phase III of the SubdivisiOn Agreement. 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. This letter of credit will continue in force until December 29,2004 and will expire on that date at our counters at Trade Finance Operations, The Atrium on Bay, 595 Bay Street, 7th Floor, Toronto, Ontario M5G 2M8, 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, for one year periods 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 or courier that we elect not to consider this letter of credit to be renewable for any additional period. Partial drawings are permitted. Drawings underthis letter of credit are to state that they are drawn under Canadian Imperial Bank of Commerce, Trade Finance Operations, Toronto, Ontario, letter of credit mentioning its number and date. Page 1. of2 Th~ rlRr Innn j" " reaistered trademark of Banque CIBC. Le logo CIBC est une marque de commerce de la Banque CIBC. GBC Trade Finance Centre 29 December, 2003 5621348 Z106C Bll-om7 \ G'o-- 4"6 Place and date of issue Lieu et date d'emission Thi~ Page forms an integral part of our Letter of Credit No. SBGT729571. We hereby agree that drawings under this letter of credit will be duly honoured upon presentation provided that all terms and conditions of the letter of credit havebeen complied with. . This letter of credit may be cancelled prior to the expiry date upon. our receipt at theabo"Ve-noted address of the original letter of credit and your signed Jetter addressed to uSfequesting cancellation of the letter of credit Such cancellation shall be effective on the date we receive the documents noted herein. This letter of credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision).lnternational Chamber of Commerce, Publication No. 500 and engages us in accordance with the terms thereot For Canadian Imperial Bank of Commerce c/) f!c4cjItC~fI Counter Signature 12.2.3 Page 2 of 2 The CIBC logo is a registered trademark of Banque CIBC. Le logo CIBC est une marque de commerce de la Banque CIBC. I\..Q c CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-015 Being a By-law to repeal By-law No. 2003-118 WHEREAS the Council of the Corporation of the Township of Oro-Medonte passed By- law No. 2003-118 on November 19th 2003 to remove the holding symbol from the Settlers Ghost golf course in accordance with the OMB decision; AND WHEREAS the OMB has requested that the original amending By-law No. 2002- 012 be revised to remove the holding symbol and that By-law No. 2003-118 be repealed in order to obtain the final Board Order; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. That By-law No. 2003-118 passed on the 19th day of November, 2003 is hereby repealed. By-law read a first and second time this 4th day of February 2004. By-law read a third time and finally passed this day of 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook Il THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-012 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, FEBRUARY 4,2004. THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, February 4, 2004, 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 ofthe Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 4th DAY OF FEBRUARY, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF FEBRUARY, 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook