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02 20 2002 Council Agenda TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: Wednesday, February 20, 2002 TIME: 7:00 p.m. .......................................................................... 1. OPENING OF MEETING BY MAYOR 2. PRAYER 3. ADOPTION OF AGENDA 4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 5. RECOGNITION OF ACHIEVEMENTS Nil. 6. MINUTES OF PREVIOUS MEETINGS a) Minutes of the Council Meeting held Wednesday, February 6,2002. I.............................................................................. 7. CONSENT AGENDA CORRESPONDENCE: a) Nottawasaga Valley Conservation Authority, December 2001 Highlights. b) Jean Sinden, Precision Management, correspondence re: appreciation of the opportunity to work on the Oro-Medonte Chamber of Commerce strategic and business plan. 8. DEPUTATIONS: a) 7:00 p.m. Public meeting re: proposed amendment to the Official Plan and Zoning By-law re: Concession 7, East Part of Lot 7 (formerly within the Township of Oro ). 9. REPORTS OF MUNICIPAL OFFICERS: Nil. ADDENDUM COUNCIL MEETING February 20, 2002 9. REPORTS OF MUNICIPAL OFFICERS: a) Report No. ADM2002-08, Marilyn Pennycook, Clerk, re: amendment to Schedule 'A', B-Iaw 96-35, procedure - sale of surplus lands. 10. COMMUNICATIONS: c) County of Simcoe, correspondence re: 9-1-1 CERB Contract with the Ontario Provincial Police. 14. BY-LAWS: b) By-law No. 2002-021 Being a by-law to amend Schedule 'A' of By- law No. 96-35, to establish a procedure governing the sale of real property. 15. IN-CAMERA: b) Jennifer Zieleniewski, CAO, re: personnel matter. c) Jennifer Zieleniewski, CAO, re: legal matter. 1 705 424 2115 - 2/14iQ2 17:45 FAX 1 705 424 2115 '1 . , N. V . C . A:..--- ......... ORO-MEDONTE I4J 001/002 ,H_ _ _'_~ _._ -;~l."" 2001 Nottawasaga Valley Conservation Authority 366 Mill Street, Highway 90, R. R # ], Angus, Ontario LOM n30 TEL (705) 424-1479. FAX (705) 424-2115 Websitc Address: www.nVC3..on.C8 NVCA Highlights December 2001 Message from the Chair - Harold Parker l'The NVCA vision of "Conserving Healthy WafelS" requires a comprehensive watershed management approach, with the full support of all watershed municipali6es, agencies and residents". Highlights from the CAO and Staff: ii) Wayne Wilson, CAO (ext. 225) wwilsonCCi?nvc8_on.ca . NVCA Business Plan Approved in 2001 The NVCA Business Plan process was a cooperative one. It started by defining the NVCA vision: one of healthy waters and a sustainable future. Endorsed by the NVCA Full Authority, the document provides a strategic approach for the next 3 years. The NVCA Business Plan is an integration of excellent programs, communication, efficient administration, information management and sound budget forecasting. The Business Plan, programs and budget are a strategic package: triad that moves the NVCA toward our vision of "Conserving our Healthy Waters". . Threats to Watershed Health Identified' Impairment of Surface and Groundwater Rapid Growtt) Climate Change Loss of Green Space Changing Mandates Oeteriorating Conservation InfrastnJcture Land Management & Stewardship - Byron Wesson, Director of Land Management & Stewardship Services (ext_224) bwesson@nvca.on.ca · Tree Planting . The NVCA plant~ a total of 57,000 trees on public and private lands in 2001. Private landowners . planted an additional 24,000 trees on their lands during this period. Field conditions throughout the -= watershed were varied, some drought prone areas suffered due the extreme dry weather experience last year. The New Tecumseth tree planting program had another successful a second year, almost 30,000 trees were planted. Through a co-operative program between the NVCA, Lake Simcoe Region C.A., and the Stewardship Networks in North Simcoe and Oufferin a total of 6500 trees were planted. The 12th Annual Arbour Day saw 6 municipalities selling tree seedlings within their communities. Tree seedlings in 2002 will come from Kempville and Somerville Nurseries. The total of tree seedlings are down in 2002 due to a crop failure'in KempviJIe. In 2003, all seedlings will be obtained from Somerville Nurseries in Alliston. i) .. J Year Trees Planted by NVCA NVCA Seedling SupplY 1998 36,900 97,975 1999 40,150 109.000 2000 55,470 105.000 2001 56,000 88,000 2002 78,000 V';;/J.'t/V';; .. iii) iv) J./;'tQ r^A J. /V~ 't,;;'t 'J.J.~ !'I. Y.v.^" V.nV-.lJJ.LJ.lVJ."~ 'i!:J VV..I VV,," -"- , 1Q"d' NVGA Highlights Volume 8, December 2001 · Community River Restoration 2002 Projects The Community Restoration Program coordinated 17 projects in 2001 including: 6 riparian restoration/buffer strip enhancement projects 2 dam removal projects 2 river channel and flood plain restoration projects 7 erosion control and stream habitat improvement projects The NVCA's Community River Restoration (CRR) Program provides assistance to local groups and landowners, who are interested in implementing stream improvement and fish habitat rehabilitation projects. The Community River Restoration Program provides technical and fund-raising support for river restoration projects and co-ordinates the actions of: Community groups local landowners Corporate sponsors Land stewardship networks and Municipal, provincial and federal levels of govemment · S1 Water Quality Projects Approved in 2001 The Healthy Waters Program is a commitment by the NVCA's 18 member municipalities to improve stream health within the Nottawasaga watershed. Monitoring has shown that the health of our streams have degraded by urban and rural non-point source pollution. Changing to Best Management Practices in both urban and rural environments is an effective and proven method of improving and protecting our water quality. Through the implementation of the Healthy Waters Incentive Program the whole watershed benefits. The NVCA anticipate an additional $351,000 in 2002 for Healthy Waters Projects. Planning and Technical Services - Charles Burgess, Director of Planning (ext. 229) cburgess@nvca.on.ca. . 1000 Permits Reviewed Land Use Planning is central to any strategy for conserving our healthy waters. The NVCA planning pOlicies form a framework for protecting significant natural features. While implementing these policies, NVCA staff reviewed more than 1000 pennits in 2001 each having its own resource utilization and land use implications. Watershed and sub-watershed plan documents generated by the NVCA provides municipalities with important development constraint mapping and help set standards for sustainable growth. . · low Water Response Team Initiated The Low Water Response Team is a multi-agency team that accesses the seriousness of drought situations and will.develop strategies for dealing with water shortages. The NVCA will continue to.. __ develop stormwater management and erosion control standards that witt minimize the effects of new developments on stream channels. ' · Municipal Drain Classification Project . In 2001, the municipal drain classification project proceeded through partnership with Fisheries and Oceans Canada and will result in streamlined approvals for municipal drainage superintendents. · Province Grants $915.875.00 for Simcoe County Groundwater Study f In late 2001, we received almost 1million dollars for a groundwater study that will generate invaluable planning tools for protection of groundwater. The study will involve all of our Simcoe COUnty municipalities and will generate knowtedge gained during earlier studies in our DufferinlGrey municipalities into a comprehensive understanding of aquifer systems and groundwater supply across the watershed. Corporate Communications ~ Barbara MacKenzie-Wynia, (ext. 221) bmackenzie-wvnia~nvca.on.ca · Partnership brings Tiffin Centre for Conservation Environmental Education Programs Back Environmental Education Programs are again being offered at the Tiffin Centre for Conservation after the NVCA was forced to refocus programming last June when the Simcoe County Board of Education drastically reduced its funding for this program. Fred Tustin, Director of Beyond the Horizon Outdoor Adventures has signed a 2*year contract with the NVCA to provide "hands on leaming" for watershed school children. , \. J it, v PRECISION MANAGEMENT L ~ v~ rag i n g Per for man c e Mayor Ian Beard and Council The Corporation of the Township ofOro-Medonte Ora, Ontario _:;V"~''t:'''~'[;''1.~i'';';;:'I~' ... \ ("\/, . rj~ I "";'-;"", i'{~ 'i,f',' :\ :alLl:iLv.~ / '..;-" V"" ,.,.....,. I I ~>I:(d (J'j , , ..' }1 . ~"'\.-''''/''' ....~' / ..~~ .::::,f -"v""'''' ," ~~ /D ,...w "... \,...,. .c. J'~~"/ .. r{,/\ -.vv......... 'V\ ..- "<,,,,,,,, '\..... N~(~(' <-'% 0,1',,9- \'" }fl. c. '(\' .~S) \\~:J' ~'<' '\\)~\ February 15, 2002 Dear Mayor Beard and Council, I would like to thank you for the opportunity to prepare, and present to you, the strategic and business plan for the Oro-Medonte Chamber of Commerce. I expect this plan will provide them with the map to continue on course to be a vital part of the life in Oro- Medonte that we all enjoy so much. Should you be undertaking other projects in the future that require strategic or business planning expertise or are scheduling training for council or staff I hope that you will consider me. Thank you, again, for your consideration. Sincerely, J s~~ ~~~ i RR#I Ora Station, Ontario, LOL 2Eo Phone: 705-733 -05 82 www.performancecoach.ca Email: jean@performancecoach.ca NOTICE OF PUBLIC MEETING FOR PROPOSED AMENDMENTS C6~ TO THE OFFICIAL PLAN AND ZONING BY-LA W OF THE TOWNSIDP OF ORO-MEDONTE P-121/01 TAKE NOTICE that the Council of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Wednesday, February 20, 2002 at 7:00 p.m. in the Municipal Council Chambers. The purpose of the public meeting is to obtain public comments on proposed amendments to the Official Plan and Zoning By-law, under Sections 17,21 and 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PROPOSED Official Plan Amendment would redesignate the lands described as Concession 7, East Part of Let 7 (fonnedy within the Township of Oro). The subject lands are proposed to be redesignated trom the Rural Designation to the Mineral Aggregate Resources Designation. The purpose of the amendment would be to allow for an aggregate extraction operation. THE PROPOSED Zoning By-law Amendment would rezone the lands described as Concession 7, East Part of Let 7 (fonnedy within the Township of Oro). The subject lands are proposed to be rezoned trom the Mineral Aggregate Resources Two (MARl) and Agricultural/Rural (AlRU) Zones to the Mineral Aggregate Resources One (MARl) Zone. A KEY MAP for File P-121/01 is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed Amendments. If a person or public body that files an appeal of a decision of the Township of Oro-Medonte in respect of the proposed Amendments does not make oral submission at the public meeting or make written submissions to the Township before the proposed Amendments are adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the adoption of the proposed Official Plan and Zoning By-law Amendments, you must make a written request to Lynda Aiken, Township Clerk, at the address noted below. ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building, in the Planning Department. . . DATED at the Township ofOro-Medonte this 31st day of January, 2002. 7 AI'" ....,.... :c 8 ...., f- :c ~ """, "'." """", """, ..-e::J ".'U-37 H 9 '1-.,> ...., "'." 10 . PROPERTY TO BE REZONED fROM THE AORICULTURAlJRURAL (AlRU) ZONE TO THE MINERAL AGGREGATE RESOURCE ONE (MARl) ZONE. AREA ALSO TO BE REDESIGN... TED FROM THE "RURAL" DESIONA TIOH TO THE "MINERAL AGQREOA TE RESOURCEs- DESIGNA noN IN THE TOWNSHIP'S OFAClAL PLAN. ~ PROPERTY TO BE REZONED FROM THE MINERAL AGGREGATE RESOURCE TWO (MAR2) ZONE ~ TO THE MINERAL AOOREOA TE RESOURCE ONE (MARl) ZONE. 500 0 ~ 1000 I 1 :40,000 2000m @ I '. ", ., ~^$- - ~ TOWNSHIP OF ORO-MEDONTE OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER REPORT TO COUNCIL REPORT NO.: ADM2002-08 PREPARED BY: 7. Zieleniewski, Chief Administrative Officer DATE: February 20, 2002 SUBJECT: Amendment to Schedule `A' By-law 96-35, Procedure - Sale of Surplus Lands BACKGROUND A Draft By-law to amend Schedule `A', By-law 96-35, Procedure -Sale of Surplus Lands was presented at Committee of the Whole on February 13, 2002. At that time, the Committee recommended that the Clerk bring forward a by-law for Council consideration. The amendment was put forward to allow Council another option in the sale of surplus lands besides the two options already in force (tenders and real estate or brokerage). ANALYSIS After consideration of the discussion of the draft by-law on February 13, 2002 and during the interval between the Committee of the Whole meeting and Council, staff further reviewed the draft amendment and found the last sentence of Clause 4.4 very restrictive and contrary to Council's intent: "The real properly to be conveyed must be unable to be independently developed for residential use by virtue of zoning requirements or lack of direct access to or frontage on an open, public road." Clause 4.4 restricts the sale of surplus lands to landowners who either abut the property to be sold or claim a legal interest in the property (i.e. easement, right- of-way, possessory title or a restrictive covenant). The added restriction of being "unable to be independently developed" would negate this option for most restricted lands in the municipality. The remaining restrictions limit the sale sufFciently by requiring ownership or some legal interest. ~.. RECOMMENDATION 1. That this report be received and adopted. ti 2. That the Clerk be authorized to bring forward a by-law to amend Schedule'A', • By-law 96-35 as presented on February 13, 2002 with the deletion of the last sentence of Clause 4.4. Respectfully su c ~~ COMMITTEE OF THE WHOLE [ ] COUNCIL MEETING [ ] DATE: MOTION NO. DRAFT AMENDMENT Schedule "A" to By-law No. 96-35 Procedure - Sale of Real Property 1. The Clerk shall publish a notice of the intended sale of the real property at least once in one (1) newspaper having local circulation in the Township. The notice shall specify that anyone wishing to comment on the proposed sale may do so by delivering such comment in writing to the Clerk at the Township offices. The final date for submitting such comments will be specified in the notice. Any comments received shall be considered by Council, which in its sole discretion shall decide if any further action shall be taken on same. 2. Obtain a survey of the real property proposed to be disposed of from a Registered Ontario Land Surveyor, if deemed necessary. 3. Obtain an appraisal of the real property proposed to be disposed. For those properties specifically exempted by Regulation from the appraisal requirement, Council may, in its discretion, obtain an appraisal. An appraisal shall be a written opinion of the market value of the real property and shall be prepared by a registered member of the Appraisal Institute of Canada in good standing and such appraiser shall not be a real estate agent nor be directly connected with any real estate brokerage firm. 4.1 Council shall determine in its sole discretion, by resolution, to dispose of the surplus real property by either of the three (3) following methods; sale by public tender, sale by real estate firm or broker, or direct sale to a landowner. 4.2 Should Council detennine to sell the real property by tender, the following apply: (a) Costs incurred or anticipated to dispose of the real property such as legal fees, survey, appraisal, encumbrances, advertising and improvements, shall be established. (b) An estimated bid amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.2(a) above. Notwithstanding the foregoing, Council may accept an amount less than the estimated bid amount. (c) An advertisement shall be placed in at least three (3) newspapers having general circulation in the Township and which in combination are intended to provide coverage throughout the entire geographic area of the Township. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the final date that offers will be accepted and shall include the following statement "the highest or any offer may not necessarily be accepted." " . (d) The tender documents shall be delivered in person to the Clerk by the date specified therein. 4.3 Should Council detennine to engage a real estate finn or broker to sell the real property, the following applies: (a) Costs incurred or anticipated to dispose of the real property such as legal fees, survey, appraisal, encumbrances, advertising and improvements shall be established. (b) A listing amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.3(a) above. Notwithstanding the foregoing, Council may accept an amount less than the listing amount. (c) An advertisement shall be placed in at least three (3) newspapers having general circulation in the Township inviting real estate brokers to submit a listing agreement to Council for consideration. (d) The accepted listing agreement, including commISSIOn percentage, must be approved by resolution of Council and the approval shall include authorization for the Mayor and Clerk to sign. (e) The offers shall be submitted to the Clerk on the standard Ontario Real Estate Offer to Purchase fonns and shall provide for an irrevocable period of at least fourteen (14) days. 4.4 Should Council determine to sell the real property directly to a landowner(s), the landowner to whom the real property is to be conveyed must be a landowner (other than a mortgagee or chargee) who abuts the real property or an owner of other land in the Township (other than a mortgagee or chargee) who claims legal interest in the property such as, but not limited to: an easement, a right-of-way, possesory title or a restrictive covenant. The real property to be conveyed must be unable to be independently developed for residential use by virtue of zoning requirements or lack of direct access to or frontage on an open, public road and the following shall apply: (a) Costs incurred or anticipated to dispose of the real property such as legal fees, survey, appraisal, encumbrances, advertising and improvements, shall be established. (b) An estimated purchase amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.4(a) above. Notwithstanding the foregoing, Council may accept an amount less than the estimated purchase amount. February 4, 2002 Q--{ .. 1 ~ li, FEDERATION OF ""10_ ~ff Ontario Naturalists Ontario's voice for nature since 1931 ~ . Mayor Ian Beard and Members of Council The Township of Oro-Medonte Box 100 Oro, Ontario LOL 2XO -'--.~ Dear Mayor Beard and Members of Council: RE: Proposal for Class A (Category 3) Pit in Part Lots 8 and 9, Concession 12 and Part Lot 9, Concession 13, Township of Oro-Medonte (Hill way Equipment Limited, 121h Line Pit) The Federation of Ontario Naturalists has been asked by the Orillia Naturalists' Club to provide comments on the above-noted proposal for a new aggregate extraction operation on the Oro Moraine. The Federation of Ontario Naturalists (FON) protects Ontario's nature through scientific research, education and conservation action. FON advocates protection and conservation of sustainable woodlands, wetlands and wildlife through public and private action, including its own system of nature reserves. FON is a charitable, non- government organization representing over 20,000 members and supporters and over 115 community-based organizations across Ontario. FON has a longstanding interest in land use planning to protect natural areas. , Beginning with the initiative to create a landscape-level plan for the Niagara Escarpment that stems back to the 1970s, FON has attempted to look at "the big picture" as well as, in some cases, at individual development proposals. Most recently, we have played a major role in securing a protective land use plan for the Oak Ridges Moraine as a large landform traversing several municipalities. It is in this broad context that we wish to view the above-noted aggregate extraction proposal. The Oro Moraine is, without doubt, a very important landscape feature in Simcoe County. It has a number of critically important natural heritage and hydrogeological attributes the protection of which needs to be carefully planned. It is 355 lesmill Road, Don Mills, Ontario M3B 2W8 Phone: (416) 444-8419 Toll-Free: 1800440-2366 Fax: (416) 444-9866 E-mail: info@ontarionature.org Website: www.ontarionature.org 1 (1) I;('~ ,J' ~ ' ;~"1, ',r , \.../ "'-~ - clear that the forests of the Oro Moraine and its water resources are the two primary features that will benefit from landform-wide planning. Therefore, rather than comment on specific details of the above-noted aggregate proposal, FON wishes to encourage the Township of Oro-Medonte to work with the Ministry of Natural Resources, the Ministry of Municipal Affairs & Housing and the Ministry of the Environment on landform-wide planning for the Oro Moraine. There has been a wealth of background research and policy development from the Oak Ridges Moraine experience that FON expects would be very useful to creating a landscape- level plan to protect the Oro Moraine. The aggregate policies in the draft Oak Ridges Moraine Conservation Plan (the final edition of which is soon to be approved by the Minister of Municipal Affairs and Housing) could be examined, as well as the entire set of policies that seek to protect natural features through a system of increasingly restrictive land use designations for increasingly sensitive and important natural areas. \.r FON hopes that the Township and the provincial ministries could work together on a plan for appropriately balancing landform protection and various forms of development on the Oro Moraine. We would also hope that the proponent of the above-noted pit would agree to a deferral of the application until the planning exercise is completed. Sincerely, r/JMii R wl Linda Pim Conservation Policy Coordinator c.c. Pat Woodford, Orillia Naturalists' Club " .. 2 f r~ . '. . e: . ,"rY> / 0 b- I A~ .<1-~,,'>~' ~'Y'r.'<:' '~~;_. ;!~,. . ." Sf}/ ,_.-$.,' ~:~~~:>.? t;;{f ~. ',:"', '\ .... ~_i ..;:J ;".. '??-1 /' '" :.~" '"i~~; <:~''(; Oro Lea Beach Association February 11th, 2002 Ian Beard Mayor of Oro-Medonte Twp. Twp.OfOro-Medonte Box 100, Oro, Ontario LOL 2XO RE: Request for update on Plan 709 Park Block 'A' Part Two The Oro Lea Beach Association (OLB) requests an update regarding deliberations around Plan 709 Park Block 'A'. First, the OLB disagrees with the township CAO's assertion that the January 9th, 2002, meeting concerning appraisals are confidential to the :tront lot residents_ The excerpt fi:om my original letter dated December 30th, 2001, was attributed to the OLB lawyer, when in fact this is an opinion rendered by a township directed legal fIrm. The ratepayers of Plan 709 are deeded in perpetuity those parklands (plan 709 Blocks 'A', 'B', & 'C). At the township meeting last fall a concensus was reached that the ratepayers would be amenable to a sale offi:ont lot adjoining lands in Park Block 'A' at market value and that the proceeds would be held in trust for in&astructure projects in the PIan 709 community. Second, the OLB requests copies of: the land appraisal conducted by the township appointed independent appraiser with full parcel market value and broken down into market values for those adjoining parcels; the determined values at which said parcels will be offered to those front lot residents; and the rationale if market value for those adjoining parcels do not match the township's offer to those :front lot properties. Third, the OLB requests confirmation in 'Writing that the proceeds of this sale of parklands will be held in trust for the OLB. Finally, we would like to see all other available information regarding the ongoing deliberations with respect to these parklands. The OLB has a hefty volume of petitions and correspondence demonstrating that these parklands are not surplus. Our original intent, supported by the majority of ratepayers, was to demark this waternont park, our 770ft crownjewl ofparklands. It is quite obvious that loss of use of these lands will have a signifIcant impact on the amount of watemont available to residents of PIan 709; the OLB agreed to the proposed sale of ~ ! oh: ;)- lands only if the proceeds were directed to the OLB to support the remaining parklands' maintenance activities and infrastructure improvements. The letter dated, December 22, 2000, sent by the OLB lawyer to township states: "By-law 96-35 does not appear to govern the proposed sale oflands by Council as set out in your recommendation. We have previously requested your confirmation that the sales ofrea1 property contemplated by Township Council will be made at fair market value." The lack of transparency in these deliberations worries the OLB immensely. Our abovenoted requests seem quite reasonable from our perspective. We hope that council understands our frustration at this lack of transparency, and realize that legal action will be our next recourse to ensure the wishes of the majority of Plan 709 ratepayers are respected. -. Sincerely, Carolyn Huglies President, Ora Lea Beac Copies Oro Lea Beach Assoc. legal: Oatley, Purser. Barristers and Solicitors Oro-Medonte Township office: Mayor- Ian Beard Deputy Mayor- Neil Craig Ward 1 Councillor- Walter Dickie Ward 2 Councillor- Ralph Hough Ward 3 Councillor- Paul Marshall Ward 4 Councillor- Harry Hughes Ward 5 Councillor- Ruth Fountain CAO- Jennifer Zieleniewski Recreation Coord- Chris Carter ., '~~~~ y'" To: Mayor and Members of Council From: Jennifer Zieleniewski, CAO Date: February 20, 2002 Re: 911 CERB Contract with the Ontario Provincial Police Unfortunately, the attached memorandum from the County, as well as the copy of the agreement for the provision of 911 CERB Services was not received by the Township before printing of the agenda for the February 20 meeting. The Fire Chief has reviewed the agreement and has made himself available to answer any questions with respect to the agreement or the service to be provided. Please note that the County has requested that the Township provide a resolution or by-law to authorize the Township to enter into the Agreement. The expected cut-over date from Bell Canada to OPP CERB will be Thursday, March. iZ 2002. The County hopes to have the Mayors from participating municipalities sign the agreement at the County Council meeting of February 28, 2002. e fer Zielen Chief Administrative Officer _ The Corporation of the - County of >, a~ Simcoe 911 Management Board Telephone Extension 231!253 February 11, 2002 Memorandum To: Clerk I Administrator, Member Municipalities Clerk, City of Barrie Canadian Forces Base Borden Chippewas of Beausoleil First Nations Chippewas ofMnjikaning First Nations From: Desmond Lorente, County of Simcoe (705) 726-9300 Fax: (705) 726-3991 Beeton Area: 729-2294 -~ ~,-- ~~~ 1 l 10 ~Iighway 26 Midhurst, tario LOL IXO ~= ~,, Re: 4-i-1 CERB Contract with the Ontario Provincial Police Please find attached an agreement for the provision of Simcoe County 911 Central Emergency Reporting Bureau (CERB) services with the Ontario Provincial Police (OPP). The contract has been approved by the OPP and the County solicitor. The cut-over date from the Bell Canada service, BNAS, to the OPP CERB will commence at 12:01 AM on Thursday March 14th, 2002. Contract Execution Approximately twenty original contracts will require execution prior to March 7th, 2002. In order to expedite the municipal signing process, the Mayors of the member municipalities will be asked to sign their copies during the February County Council session. Please ensure that the contract is presented to your Council for immediate authorization. Certified Resoturions The contract requires that the participating organizations provide the OPP with a certified copy of the resolution or by-law authorizing their entering into the Agreement". As time is of the essence, please fax a copy of the appropriate resolution to the County of Simcoe Clerk's Office attention Pam Kenwell at (705) 726-3991 immediately after Council considers the matter. The certified resolution should be mailed to the County of Simcoe Clerk's Office at the address noted above. A copy of the County of Simcoe drab by-law has been attached for your reference. Should you have any questions regarding the above or the 911 service, please feel free to call. Thanks in Advance. BY-LAW No. OF THE CORPORATION OF THE COUNTY OF SIMCOE A by-law to provide 9-1-I Central Emergency Reporting Bureau services through the Ontario Provincial Police WHEREAS, the Municipal Act, R.S.O. 1990, Chapter M.45 authorizes Council to make appointments and to enter into agreements; AND WHEREAS the County of Simcoe is a customer of Bell Canada's 9-1-1 Public Emergency Reporting Service -Ontario ("9-1-1 PERS"); AND WHEREAS, by adoption of Report 01-061 of the Executive Committee, County Council deems it expedient to contract with the Ontario Provincial Police for the management and operation of the Central Emergency Reporting Bureau using the features and services supplied by Bell Canada in addition to the Ontario Provincial Police's own terminal equipment; NOW THEREFORE, the Council of the Corporation of the County of Simcoe enacts as follows: That the Warden and Clerk are authorized to sign the Agreement for the Provision of 9-1-1 Central Emergency Reporting Bureau Services with the Ontario Provincial Police as outlined in Schedule A attached to and forming part of this by-law. 2. That this by-law shall come into force and effect immediately upon approval of Council. By-law read a first, second and third time and finally enacted this 22th day of February A.D., 2002. Warden, County of Simcoe Clerk, County of Simcoe G ~ ' This Agreement made as of the 14`h day of March, 2002. AGREEMENT FOR THE PROVISION OF 9-1-1 CERB SERVICES BETWEEN: ~ ~. w HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO as represented by the MINISTRY OF THE SOLICITOR GENERAL on behalf of the ONTARIO PROVINCIAL POLICE (the "O.P.P.") AND THE CORPORATION OF THE COUNTY OF SIMCOE (the "County") AND SUCH MUNICIPALITIES AND OTHER LEGAL ENTITIES AS ARE LISTED IN SCHEDULE "A" (COLLECTIVELY "SIMCOE MUNICIPALITIES") RECITALS: A. WHEREAS the Simcoe Municipalities are a customer of Bell Canada's 9-1-1 Public Emergency Reporting Service -Ontario ("9-1-1- PERS"); B. AND WHEREAS Bell Canada supplies the Simcoe Municipalities with features and services which allows for the operation of a Central Emergency Reporting Bureau ("CERB"); C. AND WHEREAS the Simcoe Municipalities wish to contract with the O.P.P. for the management and operation of the CERB using the features and services supplied by Bell Canada in addition to the OPP's own terminal equipment; D. AND WHEREAS each of the Simcoe Municipalities agree to confirm their adherence to this Agreement by executing it, as provided for herein, and providing the O.P.P. with a certified copy of the resolution or by-law authorizing their entering into this Agreement; NOW THEREFORE, in consideration of the promises and covenants herein, the parties agree as follows: SIMCOE COUNTY 9-1-1 CERB SERVICES 1.1 The parties warrant that the recitals are true. 1.2 The parties to this Agreement warrant that all persons who sign this Agreement on behalf of one ofthe parties are authorized to represent that party, and to bind it, for all purposes of this Agreement. 2.0 DEFINITIONS For the purposes of this Agreement, the following terms have the meanings ascribed below: "Agreement" means this Agreement and includes Schedule "A" which forms part of it; "ALl"; Automatic Location Identification. A database feature that displays, to the CERB and Remote Agencies, address/location data with respect to a telephone line from which the 9-1-1 call originates; "ANI": Automatic Number Identification. A database feature that displays the telephone number of the primary exchange service that originates the 9-1-1 call; "Annual Rate": The annual rate charged by the O.P.P. to the County for the provision of the services set forth herein to the Simcoe Municipalities, as more particularly described in Article 3.0 herein; "Bureau Commander": refers to the Commander of Information Technologies Bureau of the O.P.P.; "Call Control": a feature that allows the 9-1-1 call taker to maintain control of the 9-1-1 call regardless of calling-party action; "CERB": Central Emergency Reporting Bureau serving the 9-1-1 serving area including a telecommunications centre which is the first point of reception by the O.P.P. of9-1-1 calls; "Commissioner": refers to the Commissioner of the O.P.P.; "ESZ": Emergency Services Zone. The geographic area served by a remote agency; "Operating Guidelines": The O.P.P. 9-1-1 CERB Standard Operating Procedure, as it may be amended from time to time by the O.P.P., provided that the O.P.P. makes best efforts to provide reasonable notice of such amendments to the County; "Participating Annual Rates": The share of the Annual Rates that shall be paid by each Simcoe Municipality, as more particularly set forth at Section 3.5; "Party" means the County, the O.P.P. or one of the other Simcoe Municipalities, and Parties shall mean, unless stated otherwise, all of them; 2 .. SIMCOE COUNTY 9-1-1 CERB SERVICES "Region Commander": The a.p.p. officer in charge of the region where the CERB is located; "Remote Agency": The communication center of a fire, police or ambulance service within an ESZ to which calls are transferred from the CERB, and for which the remote agency is then responsible for taking appropriate action; "Selective Routing and Transfer": a feature that automatically routes a 9-1-1 call to the appropriate CERB or Remote Agency based upon the ANI of the telephone line from which the 9-1-1 call originates; "Unit Commander": refers to the a.p.p. officer responsible for the operation of the CERB; "Warden": Warden for the County; "9-1-1 Committee": a Committee of representatives of the Simcoe Municipalities that may play an advisory role to the O.P.P. related to services provided pursuant to this Agreement, except as set forth in Article 9.0 (Dispute Resolution); "9-1-1 PERS": Public Emergency Reporting Service - Ontario: Features and services provided by Bell pursuant to Bell Canada General Tariff Item 1400 to customers within a 9-1-1 Serving Area for the delivery of 9-1-1 calls to the CERB and Remote Agencies. "9-1-1 Serving Area": The geographic area as set out in Schedule "A" pursuant to which services shall be provided as set out in this Agreement.:. 3.0 PAYMENTS 3.1 Notwithstanding any delay or failure to pay monies to the County as are required to be paid to it pursuant to Section 3.5, the County shall pay the O.P.P an Annual Rate of $181,119.83 for providing, managing and operating the CERB. The Annual Rate is detennined by applying a per capita rate of $0.575 against a population of the 9-1-1 Serving Area estimated by the Association of Municipalities for Ontario to currently be at or approximately 314,991 residents. Goods and Services Tax and Provincial Sales Tax are not charged pursuant to this Agreement. 3.2 The Annual Rate specified in Section 3.1 shall be reviewed at the end of every year the Agreement is in effect. In the event that the residential population of the 9-1-1- Serving Area increases or decreases by more than 10% during the tenn of the Agreement, the Annual Rate shall be adjusted accordingly for the following year, and the County shall be obliged to pay the O.P.P. the revised Annual Rate. The a.p.p. shall detennine annual revisions to the residential population using population figures found in the latest version of the Ontario Municipal directory, or in other recognized sources. 3.3 Notwithstanding Section 3.2. herein, the Annual Rate shall be revised upon one or more of the Simcoe Municipalities, except for the County, tenninating its participation in this Agreement, as authorized by Section 10.3 herein. 3 SIMCOE COUNTY 9-1-1 CERB SERVICES c .- 3.4 The a.p.p. shall invoice the County the Annual Rate on a quarterly basis. The County shall pay each quarterly installment of the Annual Rate to the a.p.p. within thirty days' of receipt of the invoice. The County shall pay interest on overdue accounts at the rates set by the Ministry of Finance from time to time. 3.5 Each Simcoe Municipality shall pay the County, through the levy process or otherwise, its Participating Annual Rate, which shall be determined annually. Each Simcoe Municipality that does not pay its Participating Annual Rate through the levy process, shall pay its Participating Annual Rate quarterly to the County within fifteen days of receipt of invoice from the County. Each Simcoe Municipality that does not pay its Participating Annual Rate through the levy process, shall pay interest on overdue accounts at the rate set by the County of Simcoe from time to time. 4.0 RESPONSIBILITIES OF THE O.P.P. The a.p.p. shall, commencing during March 14,2002, manage and operate the CERE in accordance with a.p.p. operating guidelines, in addition to: 4.1 Providing, in its operation of the CERE, terminal equipment which permits the utilization of "ALl", "ANI", "Selective Routing and Transfer" and "Call Control" features in responding to callers including those who are hearing and voice impaired as such features are made available by Bell Canada in its delivery of 9-1-1 PERS to the Simcoe Municipalities. 4.2 Staffing the CERE at a level appropriate to answer, handle and transfer calls to the appropriate Remote Agency in a manner suitable for emergency situations. 4.3 Providing and operating a CERB for the 9-1-1 Serving Area on a 24 hour a day, seven days a week, 365 days a year operation. 4.4 Answering, handling and transferring all 9-1-1 calls received by the CERE, and associated ANI! ALl information, to a Remote Agency within the proper ESZ, as deemed appropriate by CERB Personnel. 4.5 Maintaining control of the line upon which each 9-1-1 call is received until the call is confirmed through voice communications as being transferred to the appropriate Remote Agency or until the call is terminated. 4.6 Retaining digital voice records of all 9-1-1 calls received at the CERB for two years, and hard copy records of all Bell 9-1-1 PERS, ANI! ALl printer data for one hundred and eighty (180) days from the date that such records are created. 4.7 If requested by the 9-1-1 Committee for the purposes of civil litigation or criminal proceedings, providing certified copies of records referred to in Section 4.6 herein to the 9-1-1 Committee, provided that requests for such records are submitted to the a.p.p. no later than five days prior to the end of the retention period referred to in Section 4.6 herein. Notwithstanding 4 SIMCOE COUNTY 9-1-1 CERB SERVICES the retention provisions in Section 4.6, the O.P.P. shall retain all original records until the conclusion of any civil or criminal proceedings to which such records relate. 4.8 Providing an operational back-up CERB to which 9-1-1 calls will be transferred in the event that the primary CERB is unable to accept the calls for any reason. 4.9 Make reasonable efforts to provide assistance to non-English callers, subject to the O.P.P. ' s ability to access the services of a third party provider. The O.P.P. does not warrant that it shall be able to provide services to non-English callers, and in no way accept any liability for the acts or omissions of the third party service provider or for the O.P.P.'s inability to provide such service. 4.10 Provide the County with a copy of the Operating Guidelines. 4.11 Provide the 9-1-1 Committee on a monthly basis or as otherwise determined by the 9-1-1 Committee in consultation with the Unit Commander with a copy of statistical information as agreed to by both the 9-1-1 Committee and the Unit Commander. 5.0 RESPONSIBILITIES OF THE COUNTY The County shall: 5.1 Be responsible for payment of the Annual Rate to the a.p.p. as referred to in Article 3.0 herein. 5.2 Through its Warden or the delegate Warden administer the terms of this Agreement with the O.P.P. on behalf of itself and the Simcoe Municipalities. 6.0 RESPONSIBILITIES OF THE SIMCOE MUNICIPALITIES Each Simcoe Municipality shall: 6.1 Be responsible for payment of the Participating Rates to the County as set forth at Article 3.5. 6.2 Designate Remote Agencies and co-ordinate the participation of all such Remote Agencies within the 9-1-1 Serving Area. 6.3 Warrant and represent that each Remote Agency, within the 9-1-1 Serving Area, and each back-up Remote Agency shall operate twenty-four (24) hours a day, seven (7) days a week, 365 days a year, and will answer and respond to all 9-1-1 calls directed to it from the CERB. 5 SIMCOE COUNTY 9-1-1 CERB SERVICES 6.4 Designate a back up Remote Agency, for each and every Remote Agency in each and every ESZ within the 9-1-1 Serving Area, to which the CERB will route and transfer a 9-1-1 call, which is not answered by the primary Remote Agency. 6.5 Provide and validate to the County, in written form, all geographical information including the street names, addresses and borders of each and every ESZ within that Simcoe Municipality. Notwithstanding, the City of Barrie will provide and validate the required information directly to Bell Canada 9-1-1. ,. 6.6 Advise the County of all changes that may occur in any geographical information within that Simcoe Municipality and provide updated information in a format consistent with a.p.p. requirements. 7.0 INSURANCE AND LIMITATION OF LIABILITY 7.1 All parties shall, during the term of this Agreement, maintain sufficient insurance to cover their respective obligations under this Agreement and shall provide evidence of the same to the other parties upon request or, if a party is self-insured, provide to the other parties evidence that is satisfactory that the party is and will be, at all relevant times, in a position to face successfully its monetary obligations stemming from liability under the Agreement. 7.2 The Simcoe Municipalities shall not incur any costs related to the transfer of services related to the CERB from Bell Canada to the a.p.p. 7.3 Notwithstanding any other provision in this Agreement, the a.p.p. is not responsible or liable for: (A) The accuracy or completeness of information it receives or the consequences resulting from inaccurate or incomplete information; and (B) The work required to transfer the provision of services provided under this Agreement in relation to the CERB from Bell Canada to the a.p.p.. 8.0 COMPLIANCE WITH LAWS AND CONFIDENTIALITY 8.1 The a.p.p. and the Simcoe Municipalities shall perform their responsibilities hereunder in compliance with all applicable laws, including all laws pertaining to the protection of personal information about individuals and individuals' access to personal information about themselves. 9.0 DISPUTE RESOLUTION 9.1 In the event a dispute arises between the Parties regarding the interpretation, application, administration or alleged violation ofthis Agreement, the Unit Commander, or representative, agrees to meet with the Warden or his or her delegate, 6 SIMCOE COUNTY 9-1-1 CERB SERVICES together with the head of any Simcoe Municipality or his or her delegate, with a particular interest in the matter at the earliest available opportunity to discuss the dispute. If the dispute remains unresolved for 14 business days at the Unit Commander level, the Regional Commander, if the dispute is related to a service issue, agrees to meet with the Warden or his or her delegate, together with the head of any Simcoe Municipality or his delegate, with a particular interest in the matter at the earliest opportunity to discuss the dispute. If the issue is related to technology, the Bureau Commander, or representative, agrees to meet with the Warden or his or her delegate, together with the head of any Simcoe Municipality or his delegate, with a particular interest in the matter at the earliest available opportunity. If the dispute remains unresolved at the Region or Bureau level, the Commissioner (or a Deputy Commissioner, in the absence of the Commissioner) agrees to meet with the warden, or his or her designate at the earliest available opportunity, who shall have a further 14 business days to attempt to resolve the dispute. 9.2 In the event that a dispute cannot be resolved as provided for under Section 9.1 herein, any party to this Agreement may rely on any rights available to them at law or pursuant to this Agreement. 10.0 TERM AND RENEWAL 10.1 Subject to Section 10.2 and Section 10.3 herein, this Agreement shall be effective from the 14th day of March, 2002, until the 14th day of March, 2005, inclusive. 10.2 The a.p.p. or the County may terminate this Agreement upon providing one hundred and eighty days (180) written notice of termination to each other in the following manner: (A) If the a.p.p. is terminating the Agreement, it shall serve notice of termination on the County which shall be obliged to provide copies of such notice to all other Simcoe Municipalities; (B) If the County is terminating the Agreement, it shall serve notice of termination on the other Simcoe Municipalities and the a.p.p. And this Agreement shall terminate one hundred and eighty days (180) following the delivery of such notice to the County in clause (A) and the a.p.p. in clause (B). Should a notice to terminate be given, the County shall continue to be obligated to pay for the cost of the CERB services under this Agreement up to and including the date of such termination and the a.p.p. shall continue to be responsible to provide the services outlined in this Agreement up to and including the date of termination. 10.3 If any of the other Simcoe Municipalities aside ftom the County are terminating their participation in this Agreement, the applicable Simcoe Municipality or Municipalities, as the case may be, shall serve notice of termination on the County, which shall transmit the notice to the a.p.p. and the other Simcoe Municipalities, and such termination shall come into effect one hundred and eighty (180) days following receipt of the notice by the a.p.p. the remaining parties shall be solely responsible for preparing an addendum to this Agreement setting out the 7 SIMCOE COUNTY 9-1-1 CERB SERVICES revised 9-1-1 Serving Area, as well as the amended Annual Rate. A Simcoe Municipality shall not be entitled to receive any services or other benefits fYom this Agreement on tennination of its participation in this Agreement. 11.0 WAIVER 11.1 The failure of any Party to this Agreement to enforce at any time any of the provisions of this Agreement or any of its rights in respect thereto or to insist upon strict adherence to any tenn of this Agreement shall not be considered to be a waiver of such provision, right or tenn or in any way to affect the validity of this Agreement. 11.2 The exercise by any party to this Agreement of any right provided by this Agreement shall not preclude or prejudice such Party fYom exercising any other right it may have under this Agreement, irrespective of any previous action or proceeding taken by it hereunder. 11.3 Any waiver by any Party hereto of the perfonnance of any of the provisions of this Agreement shall be effective only if in writing and signed by a duly authorized representative of such Party. 12.0 SUCCESSORS AND ASSIGNS 12.1 This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 13.0 INTERPRETATION 13.1 If any tenn of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining tenns shall remain in full force and effect. 13.2 The section headings contained herein are for purposes of convenience only, and shall not be deemed to constitute a part of this Agreement or to affect the meaning or interpretation of this Agreement in any way. 13.3 No Party to this Agreement shall be able to bind the a.p.p. or to hold itself out as being an agent, partner, or employee of the a.p.p.. 14.0 ASSIGNMENT 14.1 Neither Party shall assign the contract or any portion thereof without the prior written consent of the other, which consent may not be arbitrarily withheld. 8 .' SIMCOE COUNTY 9-1-1 CERB SERVICES IOc-/~ 15.0 FORCE MAJEURE 15.1 Neither Party shall be liable for damages caused by delay or failure to perfonn its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable controL The Parties agree that an event shall not be considered beyond one's reasonable control if a reasonable business person applying due diligence in the same or similar circumstances under the same or similar obligations as those contained in the Agreement would have put in place contingency plans to either materially mitigate or negate the effects of such event. If a Party seeks to excuse itself from its obligations under this Agreement due to a force majeure event, that Party shall immediately notify the other Party of the delay or non- perfonnance, the reason for such delay or non-perfonnance and the anticipated period of delay or non-perfonnance. 16.0 NOTICE 16.1 Any notice required pursuant to this Agreement shall be in writing and delivered personally, facsimile transmissions ("FAX") or sent by registered mail (with proper postage) to the following addresses: To the County at: The County of Simcoe 1110 Hwy 26 Midhurst, Ontario, LOL 1 XO FAX: 705-726-3991 Attention: 911 Coordinator To the Ontario Provincial Police at: Infonnation Technologies Bureau General Headquarters 777 Memorial Avenue Orillia, Ontario, L3V 7V3 FAX: (705) 329-6230 Attention: Manager - Telecommunications Unit Or to such other addresses either of the parties may indicate in writing to the other. Any notice given in accordance with this shall be deemed to have been received upon delivery, if delivered personally, at the time of transmission if sent by FAX or five (5) days after posting, if sent by regular mail. 16.2 The County shall be solely responsible for: (A) Providing copies of all notices or other infonnation required by this Agreement it receives from the O.P.P. to all of the other Simcoe Municipalities; and (B) Providing copies of all notices or other infonnation required by this Agreement it receives from one or more of the Simcoe Municipalities to all of the other Simcoe Municipalities, and the O.P.P. 9 SIMCOE COUNTY 9-1-1 CERB SERVICES c# and the County shall be required to transmit all such copies it receives forthwith. 17.0 ENTIRE AGREEMENT 17.1 Except as otherwise stated herein, this Agreement constitutes the entire agreement of the parties, with respect to the provision and operation of the CERB and supersedes any previous agreement whether written or verbal. Should any provision, or any part of any provision, of this Agreement be declared null, void or inoperative, the remainder of the Agreement shall remain in full force and effect and shall be interpreted as a complete entity. The Corporation of the County of Simcoe Warden Date: _ day of ,2002 Name: Dr. Thomas Garry Title: Chief Administrative Officer - Clerk Date: _ day of ,2002 Name: Helen MacRae Ontario Provincial Police Deputy Commissioner Date: _ day of ,2002 Name: W. Currie 10 nna )rthington Irrespond with urel Homes deferral of )tion. arilyn mnycook 'ing motio Ick to Cou il I February 2 , m?"" ...~.~.. 'Oceed with ltification ocess. I I ( 11. REPORTS OF COMMITTEES: J ~ ~)-1 Minutes of the Committee of the Whole meeting held on Wednesday, January 23, 2002. Motion No. 20 Moved by Craig, Seconded by Hough Be it resolved that the minutes of the Committee of the Whole meeting held on Wednesday, January 23,2002 be received and the recommendations therein be adopted with the exception of Motion No. CW-17. Motion No. CW.17 Moved by Craig, Seconded by Dickie ~cYHJ 'J I v It is recommended that Report No. PD2002-1 by Andria Leigh, Township Planner, re: redline revision to Draft Plan of Subdivision 43-0M-20001 , Concession 4, Part of Lot 4 (Oro), Horseshoe Valley Adult Lifestyle Community be received and adopted, and that Council endorse the redline revision to the draft approved plan (43-0M-20001) which has the effect of reducing the number of lots from 71 lots to 66 lots in Phase 1, relocating the fire access route to a more suitable location and removing the portion of Street C between Street A and Street B, and further that the Planner proceed with notification of the amended conditions of draft plan approval in accordance with the requirements of the Planning Act. Recorded Vote Requested by Councillor Hough ( \ \ \ " , I carrie) Deputy Mayor Craig Councillor Dickie Councillor Fountain Councillor Hough Councillor Hughes Councillor Marshall Mayor Beard Yea Yea Nay Nay Yea Yea Yea ~ > \., '" ''\ \ \ \ , ~. '''\ ) .../ 'I. / / 7 0 -) ;}- THE CORPORATION OF TilE TOWNSIIIP OF ORO-MEI>ONTE BY-LA W NO. 2002- 0/ (7 r.~ -:>o~ r.~\~ ~o ~\'G"" rO ) ~\).'i.'G '.e.o\ "o~ BEING A BY-LAW TO DEEM CERTAIN PLANS OF SUBDIVISION OR PARTS THEREOF NOT TO BE REGISTERED PLANS OF SUBDIVISION WITHIN TilE MEANING OF THE PLANNING ACT R.S.O. 1990 c. P. 13, AS AMENI>ED. ~ WHEREAS it is considered desirable in order to control adequately the development of certain areas within the Township of Oro-Medonte, that certain existing Plans of Subdivision be deemed not to be registered Plans of Subdivision for the purposes of Section 50(3) of the Planning Act R.S.O. 1990 c. P. 13, as amended. AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte has the authority pursuant to Section 50(4) of the Planning Act, R.S.O. 1990 c.P. 13, as amended, may by by-law designate any Plan of Subdivision or part thereof that has been registered for eight years or more, to not be registered Plans of Subdivision for the purposes of Section 50(3) of the said Planning Act R.S.O. 1990 c. P. 13, as amended. AND WHEREAS the plans of subdivision or portions thereof set forth in Schedule "A" attached hereto have been registered in the Registry Office for the Registry Division of the County of Simcoe for eight (8) years or more. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ENACTS AS FOLLOWS: 1. That part of the Registered Plan of Subdivision described in Schedule "A" attached hereto pursuant to Section 50(4) of the Planning Act R.S.O. 1990 c.P. 13, as amended, are hereby deemed not to be a registered plan of subdivision for the purposes of Section 50(3) of the Planning Act R.S.O. 1990 c.P. 13, as amended. 2. That Schedule "A" attached hereto fOnTIS part of this by-law. 3. This By-law shall come into force and effect subject to the provisions of Section 50(26), (28), and (29) of the Planning Act, R.S.O. 1990, c.P. 13 as amended. BY-LAW READ A FIRST AND SECOND TIME, THIS 20th DAY OF FEBRUARY 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF FEBRUARY, 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor - Ian Beard Clerk - Marilyn Pennycook '" / Yq ~ ;} SCHEDULE "A" TO BY-LA W 2002- The following Registered Plan is situated in the Township ofOro-Medonte in the County of Simcoe: Registered Plan M-187, Lots 9,10, II, and Block 37 / i / / 70 -) THE CORPORATION OF TIlE TOWNSHIP OF ORO-MEI>ONTE BY-LA W NO. 2002- 0 / '7 BEING A BY-LAW TO DEEM CERTAIN PLANS OF SUBDIVISION OR PARTS THEREOF NOT TO BE REGISTERED PLANS OF SUBDIVISION WITHIN TilE MEANING OF THE PLANNING ACT R.S.O. 1990 c. P. 13, AS AMENDED. WHEREAS it is considered desirable in order to control adequately the development of certain areas within the Township of Oro-Medonte, that certain existing Plans of Subdivision be deemed not to be registered Plans of Subdivision for the purposes of Section 50(3) of the Planning Act R.S.O. 1990 c. P. 13, as amended. AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte has the authority pursuant to Section 50(4) of the Planning Act, RS.O. 1990 c.P. 13, as amended, may by by-law designate any Plan of Subdivision or part thereof that has been registered for eight years or more, to not be registered Plans of Subdivision for the purposes of Section 50(3) of the said Planning Act R.S.O. 1990 c. P. 13, as amended. ... AND WHEREAS the plans of subdivision or portions thereof set forth in Schedule "A" attached hereto have been registered in the Registry Office for the Registry Division of the County of Simcoe for eight (8) years or more. NOW THEREFORE THE COUNCIL OF THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE ENACTS AS FOLLOWS: 1. That part of the Registered Plan of Subdivision described in Schedule "A" attached hereto pursuant to Section 50(4) of the Planning Act RS.O. 1990 c.P. 13, as amended, are hereby deemed not to be a registered plan of subdivision for the purposes of Section 50(3) of the Planning Act RS.O. 1990 c.P. 13, as amended. 2. That Schedule "A" attached hereto forms part of this by-law. 3. This By-law shall come into force and effect subject to the provisions of Section 50(26), (28), and (29) of the Planning Act, R.S.O. 1990, c.P. 13 as amended. BY-LAW READ A FIRST AND SECOND TIME, THIS 20th DAY OF FEBRUARY 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF FEBRUARY, 2002. THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE ~ , Mayor - Ian Beard J Clerk - Marilyn Pennycook ... / Yq - ;) SCHEDULE "A" TO BY-LAW 2002- The following Registered Plan is situated in the Township of Oro-Medonte in the County of Simcoe: Registered Plan M-187, Lots 9,10, II, and Block 37 IV 6- / THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-021 Being a By-law to Amend Schedule 'A' of By-law No. 96-35, to establish a procedure governing the sale of real property. WHEREAS the Municipal Act, the Municipal Act, R.S.O. 1990, c.M.45, Section 193(2) authorizes the Council of a municipality to establish procedures governing the sale of real property; AND WHEREAS the Corporation of the Township of Oro-Medonte did, on the 17th day of April, 1996 enact By-law Number 96-35 to establish a procedure governing the sale of real property; AND WHEREAS, Schedule 'A', Procedure - Sale of Real Property, attached thereto forms part of By-law No. 96-35; AND WHEREAS, Council of The Corporation of the Township of Oro-Medonte deems it necessary to amend Schedule' A' to By-law No. 96-35; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That Schedule 'A' to By--Iaw Number 96-35 be deleted and replaced with Schedule' A' attached hereto and forming part of this By-law. 2. That this by-law shall come' into force and take effect on the date of its final passing. Read a first and second time this 20th day of February, 2002. Read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE '. Mayor, Ian Beard Clerk, Marilyn Penny cook IV6~'?, Schedule II A" to By-law No. 2002-21 Procedure - Sale of Re,81 Property 1. The Clerk shall publish a notice of the intended sale of the real property at least once in one (1) newspaper having local circulation in the Township. The notice shall specify that anyone wishing to comment on the proposed sale may do so by delivering such comment in writing to the Clerk at the Township offices. The final date for submitting such comments will be specified in the notice. Any comments received shall be considered by Council, which in its sole discretion shall decide if any further action shall be taken on same. ", 2. Obtain a survey of the real property proposed to be disposed of from a Registered Ontario Land Surveyor, if deemed necessary. 3. Obtain an appraisal of the real property proposed to be disposed. For those properties specifically exempted by Regulation from the appraisal requirement, Council may, in its discretion, obtain an appraisal. An appraisal shall be a written opinion of the market value of the real property and shall be prepared by a registered member of the Appraisal Institute of Canada in good standing and such appraiser shall not be a real estate agent nor be directly connected with any real estate brokerage firm. 4.1 Council shall determine in its sole discretion, by resolution, to dispose of the surplus real property by either of the three (3) following methods; sale by public tender, sale by real estate firm or broker, or direct sale to a landowner. 4.2 Should Council determine to sell the real property by tender, the following apply: (a) Costs incurred or anticipated to dispose of the real property such as legal fees, survey, appraisal, encumbrances, advertising and improvements. shall be established. (b) An estimated bid amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.2(a) above. Notwithstanding the foregoing, Council may accept an amount less than the estimated bid amount. (c) An advertisement shall be placed in at least three (3) newspapers having general circulation in the Township and which in combination are intended to provide coverage throughout the entire geographic area of the Township. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the final date that offers will be accepted and shall include the following statement "the highest or any offer may not necessarily be accepted." '" (d) The tender documents shall be delivered in person to the Clerk by the date specified therein. 4.3 Should Council determine to engage a real estate firm or broker to sell the real property, the following applies: (a) Costs incurred or anticipated to dispose of the real property such as legal fees, survey, appraisal, encumbrances, advertising and improvements shall be established. /Lfb-3 (b) A listing amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.3(a) above. Notwithstanding the foregoing, Council may accept an amount less than the listing amount. (c) An advertisement shall be placed in- at least three (3) newspapers having general circulation in the Township inviting real estate brokers to submit a listing agreement to Council for consideration. (d) The accepted listing agreement, including commission percentage, must be approved by resolution of Council and the approval shall include authorization for the Mayor and Clerk to sign. (e) The offers shall be submitted to the Clerk on the standard Ontario Real Estate Offer to Purchase forms and shall provide for an irrevocable period of at least fourteen (14) days. 4.4 Should Council determine to sell the real property directly to a landowner(s), the landowner to whom the real property is to be conveyed must be a landowner (other than a mortgagee or chargee) who abuts the real property or an owner of other land in the Township (other than a mortgagee or chargee) who claims legal interest in the property such as, but not limited to: an easement, a right-of-way, possesory title or a restrictive covenant. (a) Costs incurred or anticipated to dispose of the real property such as legal fees, survey, appraisal, encumbrances, advertising and improvements, shall be established. (b) An estimated purchase amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.4(a) above. Notwithstanding the foregoing, Council may accept an amount less than the estimated purchase amount. '.