12 01 2004 Council Agenda
TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, DECEMBER 1, 2004
TIME: 7:00 P.M.
.........................................................................................................
1. OPENING OF MEETING BY THE MAYOR
2. PRA YER/CONTEMPLA 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 Council Meeting of November 17, 2004.
7. RECOGNITION OF ACHIEVEMENTS:
a) Jack Lynch, Travel Promotions Officer, correspondence dated November 4,2004
re: Letter of Appreciation for Debbie Micks re: Fall Colour Progression Reporting
Program.
b) North Simcoe Community News, November 2004 Edition re: Oro-Medonte Fire
Department and Hawkestone Womens' Institute.
8. PUBLIC MEETINGS:
None.
9. DEPUTATIONS:
a) 7:00 p.m.
S/Sgt. Ed Whinnery, Detachment Commander, Ontario Provincial
Police, Barrie Detachment, re: 2005 Barrie O.P.P. Business Plan.
10. CONSENT AGENDA CORRESPONDENCE:
a) Midland Public Library Board, minutes of September 16, 2004 meeting.
Staff Recommendation: Receipt
b) Midland Public Library Board, minutes of October 14, 2004 meeting.
Staff Recommendation: Receipt
c) Lake Simcoe Region Conservation Authority, minutes of September 24,2004
meeting.
Staff Recommendation: Receipt
d) Honourable Dalton McGuinty, November 22, 2004 re: Funding for Water Source
Protection.
Staff Recommendation: Receipt
e) C.T. Strongman, C.T. Strongman Surveying Ltd., November 18, 2004 re: Survey
and Preparation of Plan of Survey of Part of the Lakeshore Promenade, Registered
Plan 626
Staff Recommendation: Receipt
f) Keith Sherman, Coordinator, Severn Sound Environmental Association re: Budget
Request for the Severn Sound Environmental Association Municipal Share for 2005.
Receipt and referral to 2005 Budget Deliberations
g) Nancy Cameron, President, Oro-Medonte Community Choirs re: Grant request for
2005 - Oro-Medonte Community Choirs.
Receipt and referral to 2005 Budget Deliberations
h) Ron Gilbert, President, Crime Stoppers re: Financial Assistance for the Fiscal Year
2005.
Receipt and referral to 2005 Budget Deliberations
11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN:
None.
12. REPORTS OF MUNICIPAL OFFICERS:
a) Jennifer Zieleniewski, CAO, correspondence dated November 19,2004, re: Land
Transfer from Indian Park Association.
b) Report No. EES 2004-46 Keith Mathieson, Director of Engineering and
Environmental Services, re: Site Plan Agreement 1606380 Ontario Inc. (Wildflower
Farm Inc.) refer to 16b).
c) Councillor Paul Marshall re: Safety Concern, 5/6 Sideroad and Penetanguishene
Road. (Tabled at Committee of the Whole, November 24,2004).
13. REPORTS OF COMMITTEES:
a) Minutes of the Committee of the Whole Meeting, November 24, 2004.
14. COMMUNICATIONS:
a) Patricia Shellswell, Edgar Community Hall Co-ordinator, correspondence dated
November 22, 2004 re: Cost of Water Testing in Community Halls and Rules and
Regulations of Governments Closing of Halls.
b) Patricia Copeland, Area Manager, The Lung Association, correspondence dated
November 18, 2004 re: Proclamation Request, December, 2004, "Lung Awareness
Month".
15. IN-CAMERA:
a) Jennifer Zieleniewski, CAO, re: Personnel Matter [from November 24,2004
meeting] .
16. BY-LAWS:
a) By-Law 2004-130 Being a By-law to Amend By-law No. 2004-011, as amended,
a By-law to Appoint Representatives to Various
Committees/Organ izations
b) By-Law 2004-132 Being a By-law to Authorize the Execution of a Site Plan
Control Agreement between The Corporation of the Township
of Oro-Medonte and 1606380 Ontario Limited Inc. (Wildflower
Farm Inc.)
c) By-Law 2004-133 Being a By-law to Authorize the Execution of a Sublicense
Agreement with the County of Simcoe, under License with
Teranet Enterprises Inc. for the provision of OPMA Ownership
Mapping Data Products. (Schedule 1 available in Clerk's
Office ).
d) By-Law 2004-134 Being a By-law the Authorize the Execution of a Sublicense
Agreement with the County of Simcoe, under License with the
Municipal Property Assessment Corporation for the provision
of OPMA Ownership Mapping Data Products. (Schedule 1
available in Clerk's Office).
17. CONFIRMATION BY-LAW NO. 2004-131
18. QUESTIONS AND ANNOUNCEMENTS
19. ADJOURNMENT
Ministry of Tourism and
Recreation
Ministere du Tourisme et des
Loisirs
Centre d'information touristique
de l'Ontario
21, promenade Molson Park Est
Barrie ON L4N gAg
Tel.: (705) 725-7280
Telec. : (705) 725-7285
@ Ontario
Ontario Travel Information
Centre
21 Molson Park Drive East
Barrie ON L4N gAg
Tel.: (705) 725-7280
Fax: (705) 725-7285
Nov. 4/04
Debbie Micks
Township of Oro-Medonte
P. O. Box 100
148 Line 7 South
Oro, ON
LOL 2XO
Dear Debbie,
Thank you for participating in our Fall Colour Progression Reporting Program. As
a contact for the Barrie/Huronia area, you provided us with timely information
that is an integral part of our written and broadcast Fall Colour Progression
Report.
The Fall Colour Report is a valuable source of information for the traveling public
and the media. It is also an excellent counselling tool for the travel counsellors
here and at the other Ontario Travel Information Centres across the province as
well as the counsellors at 1-800-0NTARIO in Toronto.
Each year the Fall Colour Report becomes more popular. Thanks for helping to
make it such a great success.
Sincerely,
Jack
Travel Promotions Officer
and
Meribeth Hart
Travel Counsellor
North Simcoe Community News
November 2004 Edition
Barrie Detachment
Ontario Provincial Police
20 Rose Street
BARRIE, Ontario
L4M 2T2
(Phone) 705-726-6484 (Fax)705-726-6487
November 10, 2004
File Reference: 100
The Corporation of the
Township of Oro-Medonte
148 Line 7 South, Box 100
Oro, Ontario
LOL 2XO
Attention: Mayor Neil Craig
Re: 2005 Barrie o. P . P. Business Plan
As part of the ongoing need to consult our stakeholders and community partners when our
Detachment Business Plan is drafted I am asking for your input.
In the 2004 Plan the priorities from public input were identified as:
(1) Nuisance activity (loitering youths and mischief)
(2) Break & Enters
(3) Visibility
(4) Speeding and aggressive driving.
If you wish to continue with this as the priorities for the upcoming year or wish to change
them please advise me so that I can make the corrections.
If you wish to have me address Council in person I will attempt to do so.
The 2005 document has a short turn around and must be completed by December 1, 2004.
I look forward to your input.
S/Sgt Ed. Whinnery, #
Detachment Commander
W'
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RECEIVED I
NOV 7 2 1004 I
OAO-M~tllf 4
Bo'IflIWbkSH~
MIDLAND PUBLIC LIBRARY BOARD MEETING
DATE: September 16,2004 LOCATION: Midland Public Libra
PRESENT: A. Campbell, B. Desroches, C. Moore, B. Trounce, G.A. Walker, A. Wilkes
ABSENT: R. Allard, S. Parsons, J. Swick
STAFF: B. Molesworth, Chief Librarian, G. Griffith, Minutes
ITEM
#
ISSUE
ACTION
1. Call to order
The meeting was called to order at 7:00pm.
2. Approval of the agenda
Additions: 4. Business Arising From the Minutes
4.3. Overdues
7. New Business
7.1. OLA Membership Renewal
8. Information
8.2 Date for November Board Meeting
Moved by: B. Desroches
Seconded by: A. Wilkes
That the Agenda be approved as amended.
Carried.
3.
Approval of the minutes of the previous meeting of June 10, 2004
Moved by: C. Moore
Seconded by: B. Trounce
That the minutes of the Board meeting held on June 10,2004 be approved.
Carried.
4. Business arising from the minutes
4.1 Benefits and Salaries
B. Molesworth turned to the document entitled "Benefits for Regular Part-Time
Employees MPL" and offered a clarification of the section called "Medical
Plan - Choices and Costs". It refers to the employer paying 50% or more of the
costs with the rest being paid by the employee. In fact, if this option is pro-
rated to the hours of work then the employer will be paying more like 75%.
Further down, the line "Total cost of both at maximum = $23,104.00" includes
the cost of the pro-rated sick leave from the previous page @ $2,565.00 and the
100% cost of the Life and Health Insurance @ $20,539.00
B. Molesworth has met with Deputy Treasurer Judy Robitaille and reviewed the
Library job descriptions using the Aitken Plan, a rating system that was used for
the 1989/90 pay equity plan. All positions have a comparator and because of
technological change all of the Library positions will be raised on the scale.
Part two of this salary/job survey will be a comparison of the Library and Town
Office staff positions with four other jurisdictions (municipalities of roughly
\uC\ .')
"'.
the same size). New job descriptions have been prepared and will be included
in the survey which will be conducted in-house by a contract position currently
working at the Town Office. This will save the Library the cost of an outside
consultant. It is intended that the process will be concluded in November so that
increases can be reflected in the budget process. Raises resulting from this
process will be retroactive to July 1, 2004. A contingency fund has been est-
ablished to cover this cost this year only.
A survey question related to benefits for part-time staff is being included in the
process. The cost of benefits, if offered to staff, will also have to be included
in the 2005 budget.
The cost of both increased salaries and benefits may be unaffordable in one year
but it is apparently possible to break up the benefits package and phase in medical,
dental, drugs etc. over several years.
A concern was expressed that job descriptions should be looked at by an outside
consultant or at anns-length, to assure objectivity. B. Molesworth pointed out
that consultants usually come in with a particular measurement tool and train
staffhow to use it. The Library staffwill all see the revised job descriptions and
will have input. Also, Bill is involved and familiar with the process and believes
it will be worthwhile for staff. It was agreed in July not to spend money on
consultants and to go that route at this stage would delay results.
Page 2 of 4
4.2 TelephoneslEmergency Lighting
The new telephone system has been installed at just over $6,000.00, slightly higher
than the original estimate but leaves sufficient to install the new emergency
lighting.
4.3 Overdues
The revised overdue process, which has increased the number of notifications patrons
receive and the rate at which they receive them has consistently (since Feb.) reduced
an average of 120 overdues a week down, over 7 contacts, to 1 or 2 people who have
resisted all efforts to get them to return items. Over that period we are left, therefore,
with 65 patrons who have 110 books with a face value of $2,362.62. The best est-
imate for 2003 was about 140 patrons in long overdues.
The Credit Agency representative thinks anybody with more than $30.00
outstanding is worth pursuing, which means 37 patrons. They will send a letter at
$4.75 per patron.
Several ofthese patrons have moved with no forwarding so we don't know ifthe
Agency will be able to deal with those anyway.
Moved by B. Trounce:
Seconded by A. Wilkes:
That the Board pursue, with discretion, delinquent patrons using a collection agency
until the end of 2004.
Carried
5.
Approval of the accounts
Moved by A. Campbell:
Seconded by B. Desroches:
That the accounts for the months of June, July and August 2004 totalling $15,989.79,
$19,938.78 and $16,129.49 be approved.
Carried
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6.
Reports of Board Committee Page 3 of 4
6.1 Finance Committee - A. Campbell
Operating Budget
A. Campbell presented a financial statement for the 8 months ended August 31,
2004. He drew the Board's attention to increases in some of the revenue lines.
Some expenditures are also over, but explanations were provided. The total
expenditure is less than two thirds of the budget but insurance, for instance, which
is billed annually, has not been posted yet.
Capital Budget
A. Campbell reviewed this budget line by line. Finding everything in order he
asked for the Board's acceptance of his report, which was given.
6.2 Strategic Planning Committee
The Committee has not met. No report.
6.3 Fundraising Committee - 125tb Anniversary
In Oz Parson's absence, B. Molesworth reported on his progress in planning a
lecture or literary series for the summer of2005. Authors Richard B. Wright
and Jane Urquhart have agreed to read on July 23 and Aug. 13 respectively.
Two other authors, local poet Roger Bell and John Lee, a poet ITom Brampton,
will read on two other dates, to be announced. B. Molesworth has applied to
the Canada Council for funding.
This series may also serve as a fundraiser for the Fundraising Committee. If
admission is charged, preference could be offered to those who had donated.
Alternatively, receptions may be held and donors could be invited. C. Moore
suggested a price for the four readings and that 'season' ticket holders be invited
to the receptions. The readings are currently planned for the afternoon with the
two larger names to be held at the NSSRC. The point was made, once again, that
the Committee and the Friends have to keep their identities separate.
6.4 Policy Committee
B. Trounce reported on the meeting of Sept. 13, 2004. A disposal policy was
discussed. For example, what does the Library do with redundant equipment
such as old computers? Some staff have enquired. B. Molesworth discussed
this with Shawn BerriauIt and the Town gives theirs, after software has been
deleted, to Computers for Kids. The Committee will pursue this policy at its
next meeting.
B. Molesworth had already discussed most of the Committee's discussion
regarding salaries and benefits.
6.5 Report from the Friends of MPL
B. Molesworth reported that this year's Friends book sale was the most
successful ever, raising $3,800.00. The Friends have approx. $11,000.00 in
the bank and are looking for expenditures. B. Molesworth had suggested
the purchase of two computers to replace two of the aging Gates computers.
They agreed, pending a firm price and agreement that the Board would con-
sidor budgeting for two more in 2005.
G.A. Walker asked that the Board think about what else might be done with
leftover books at the end ofthe book sale. Bringing them back into the Library is not an option.
\Gc; -'1
7.
New business
In March the Board made a decision not to renew its membership in the OLA
which means we also didn't renew our membership in the OLBA. The Board
has been encouraged to rejoin but it reaffirmed its decision. The Board will
wait to hear from the proposed Federation of Libraries because it is aware that
membership in that may be as much as $750.00 and then decide which, if either,
to join.
8. Information
8.1 Chief Librarian's Report
A question was raised regarding the item about purchasing in multiple formats.
Did we decide to keep doing this? B. Molesworth responded in the affirmative.
8.2 Date of November Board Meeting
The regular meeting ofthe Board in November would be on the 11 th, a day the
Library is closed. The date of the meeting was changed to Wednesday, Nov. 10.
9. Adjournment
Moved by: C. Moore
That the meeting be adjourned at 8:30 pm.
s44.:J/riU~ P d'
Chairman of the Board
=~i~[,~~~~,~
Chief Librarian
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Page 4 of 4
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MIDLAND PUBLIC LffiRARY BOARD MEETING
Page 1 of5
DATE: October 14, 2004 LOCA TION: Midland Public Library Boardroom
PRESENT: G.A. Walker, A. Campbell, R. Allard, B. Trounce, Oz Parsons, B Desroches
REGRETS: 1. Swick, C. Moore, A. Wilkes
STAFF: G. Griffith, Recording Secretary, B. Molesworth, CEO
ITEM
#
ISSUE
ACTION
-
1. Call to order
G.A. Walker called the meeting to order at 7:00 p.m.
2. Approval of the agenda
Additions:
8. Information
8.2 Correspondence
8.3 By-law
Moved by: A. Campbell
Seconded by: R. Allard
That the agenda be approved as amended.
CARRIED
3. Approval of the minutes of the previous meeting
Moved by: O. Parsons
Seconded by: B. Desroches
That the minutes of the Board meeting held on September 16, 2004
be approved.
CARRIED
4. Business arising from the minutes
4.1 Benefits and Salaries
B. Molesworth reported that staff job descriptions have been
incorporated with the information being compiled for market
comparison. We should know more by the end of November.
Salary approval will not be finalized until we see the market
comparators.
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MIDLAND PUBLIC LffiRARY BOARD MEETING
Page 2 of5
DATE: October 14, 2004
LOCA TION: Midland Public Library Boardroom
ITEM
#
ISSUE
ACTION
4. Business arising from the minutes - continued
4.2 Emergency Lights
The revised capital budget allowed for the planned replacement of
emergency lighting to go ahead. One quote has been received under the
$5,000.00 allotted. We are waiting for a second quote. There should be
enough money left over to purchase new book trucks and paperback
racks.
4.3 Overdues
B. Molesworth informed the Board that a list of patrons with long
outstanding overdues will be sent to a collection agency. We are also
revising the wording of the final notice letter we send out informing
patrons that this will be our plan of action.
5. Approval of the accounts
Moved by: A Campbell
Seconded by: R. Allard
That the accounts for the month of September 2004 totalling $12,881.60 be
approved.
CARRIED
6. Reports of Board Committees
6.1 Finance Committee - Art Campbell, Chairman
A Campbell distributed a financial statement for the 9 months ended
September 30, 2004.
Operatin2 Bud2et
At this time of the year the budget should be at approximately 75%
spent According to the financial statement the Operating Budget is at
73% so we are on target B. Molesworth explained that donations
earmarked for certain things like Program Costs and Periodicals aren't
put into these lines, so they appear to be overspent The money goes into
the revenue line "Donations", so we will continue to look like we are
over budget in certain lines.
\()\r) -)
MIDLAND PUBLIC LffiRARY BOARD MEETING
Page 3 of5
DATE: October 14,2004
LOCA TION: Midland Public Library Boardroom
ITEM
#
ISSUE
ACTION
6. Reports of Board Committees - continued
Capital Bud2et
There are still expenditures for emergency lighting and book trucks to
be made. If there is any surplus in the Capital Budget it is carried
forward to the next year.
6.2 Strategic Planning Committee
No meeting has been held - no report.
6.3 Fundraising Committee - G.A. Walker, Chairman
O. Parsons spoke again about the concept of "benefits of membership"
to encourage people to become donor members. It was mentioned that
since the Library does not charge for service it is a bit of a conundrum
as to what we might promote as being free if you become a "member",
O. Parsons pointed out that we have lost one window of opportunity the
next would be the end of November to mid May. B. Molesworth stated
that recent information he has received would seem to indicate that
under the Freedom ofInformation Act we can't use our patron database
as a mailing list to potential donors. G.A Walker suggested a campaign
to make people aware that money can be left to the Library in the form
of a bequest We could also work with the funeral homes. B. Trounce
suggested perhaps we could educate patrons about the benefits of our
electronic databases which might lead to them wanting to donate to the
Library. We need something with a tangible benefit O. Parsons attended
a meeting of co-ordinators for fundraising. They were asking for
submissions to a calendar of events so he put forward the Library's
12Sth anniversary events and the Library Dinner/Dance.
6.4 Policy Committee
There was no meeting held - no report.
\CJ\n - ~
MIDLAND PUBLIC LIBRARY BOARD MEETING
Page 4 of5
DATE: October 14, 2004
LOCA TION: Midland Public Library Boardroom
ITEM
#
ISSUE
ACTION
6. Reports of Board Committees - continued
6.5 Report from Friends of the Midland Public Library
The last Friends meeting was postponed. A suggestion that the Friends
buy two new computers to replace a couple of the Internet computers
had been raised at the previous meeting but no decision had been made
so B. Molesworth called and polled the members about moving forward
with this initiative and they agreed. R. Allard suggested that since the
Town is making a bulk purchase oflaptop computers we contact
Shawn Berriault about being a part of this group purchase. We might
achieve better pricing.
7. New business
7.1 Federation of Ontario Libraries
B. Molesworth reviewed the Board's decision made at the
September 16th meeting to not renew its membership to the Ontario
Library Association until we heard more about the proposed new
Federation of Ontario Libraries. We have now heard from this new
organization and they are asking for our support in the form of a
$750.00 membership fee. This amount is based on our population size.
After a lengthy discussion a motion was passed.
Moved by: B. Trounce
Seconded by: R. Allard
That the Board approve the expenditure of$750.00 for membership in the new
Federation of Ontario Libraries for one year.
CARRIED
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MIDLAND PUBLIC LIBRARY BOARD MEETING
Page 5 of5
DATE: October 14, 2004
LOCA TION: Midland Public Library Boardroom
ITEM
#
8. Information
ISSUE
ACTION
8.1 Chief Librarian's report
B. Molesworth asked if there were any questions or comments. A point
of clarification was raised about the CAP YEP employee. Joe Beausoleil
who is currently working with us on a contract basis has agreed to take
on this position with funding provided by the Community Access
Program - Youth Employment Program. This position is intended to
provide one-on-one training for the public on how to use computers and
Internet/e-mail.
8.2 Correspondence
B. Molesworth circulated a letter from a summer resident of the area
Mr. Tollen, who resides in Sweden. It is a complimentary letter about
the Library Staff and the Chamber of Commerce. He enclosed a full
page article from his local newspaper in Sweden that shows a photo of
one of Midland's murals and an article about them. B. Molesworth will
pass the letter and article on to Mayor George MacDonald.
8.3 By-law
B. Molesworth informed the Board of a new Town of Midland by-law
regarding attendance at Council, Committee and Board meetings. It
states that if a sitting member misses three meetings in a row without
notifying Council they can be removed from their position.
9. Adjournment
The next Board meeting will be held on Wednesday, November loth at 7:00 p.m.
as the Library is closed Thursday, November 11th for Remembrance Day.
Moved by: B. Desroches
That the meeting be adjourned at 8:30 p.ffi.
~ta;J/rcu1wv
Chairman of the Board
Present:
Councillor R. Bridge, Chair
Councillor V. Hackson, Vice-Chair
Councillor P. Brown
Mr. E. Bull
Councillor GDavidson
Councillor B. Drew
Councillor K. Ferdinands
Mayor R. Grossi
Councillor B. Huson
Councillor M. Nanowski
Councillor J. Rupke
Regional Councillor S. Self
Mayor K. Shier
Councillor Neil Snutch
Mayor T. Taylor
Councillor J. West
Mayor J. Young
Regrets:
J. Dales, Honourary Member
Councillor P. Marshall
G.R. Richardson, Honourary Member
Mayor R. Stevens
Staff:
D. Gayle Wood, C.A.O.lSecretary-Treasurer
M. Walters, Director, Environmental Services
R. Baldwin, Manager, Watershed Planning
Brian Kemp, Manger, Corporate Communications
G. Casey, Recording Secretary
Others:
R. Volden, CH2M HILL
F. Wilbur, CH2M HILL
DECLARATION OF PECUNIARY INTEREST
No pecuniary interest and the general nature thereof was disclosed for the record of
this meeting.
Lake Simcoe Reg!on Conservation
Board of Directors' t\r1eeting
BOD-09-04 - Minutes
September 24, 2004
Chair Bridge opened the meeting at 9:00 a.m. with condolences to the family of Mr. Angus
Morton who passed away on Tuesday, September 21st, 2004. Mr. Morton was a past Chair
of Conservation Ontario, past Chair of the Lake Simcoe Region Conservation Authority and
past Mayor of the Town of East Gwillimbury.
Given that several LSRCA Board Members will be attending Mr. Morton's funeral scheduled
for this date at 1 :00 p.m., Chair Bridge requested that the Board make every effort to adjourn
at 11 :00 a.m. in order that the meeting of the Administrative Committee can take place and
be adjourned in time for Members to meet other commitments.
II APPROVAL OF AGENDA
Moved by:
Seconded by:
J. West
E. Bull
BOD-04-178
RESOLVED THAT the content of the Agenda
be approved as amended 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-08-04, held on August 27, 2004.
Moved by:
Seconded by:
S. Self
B. Huson
BOD-04-179
RESOLVED THAT the minutes ofthe Board of
Directors' meeting No. BOD-08-04 be adopted
as printed and circulated.
CARRIED
2004
Lake Simcoe Region Conservation Authority
Board of Directors' Meeting
BOD-09-04 - Minutes
(b) Administrative Committee
Minutes of the Administrative Committee Meeting No. AC-07 -04, held on August 26th,
2004.
Moved by:
Seconded by:
BOD-04-180:
~ ANNOUNCEMENTS
S. Self
V. Hackson
RESOLVED THAT the minutes of
Administrative Committee Meeting No. AC-07-
04 be adopted as printed and circulated.
No further announcements were made.
V PRESENTATIONS
(a) Watershed Planning
The Manager, Watershed Planning delivered a PowerPoint presentation which
provided an update on the status of the watershed planning in Yark Region and the
Oak Ridges Moraine watershed.
Moved by:
Seconded by:
BOD-04-181
M. Nanowski
N. Snuch
THAT the mid-year update given by the
Manager, Watershed Planning relating to the
York Region/Oak Ridges Moraine watershed
planning be received for information.
Lake Simcoe Conservation Authority
Board of Directors' Meeting
BOD-09-04 - Minutes
September 24, 2004
(b) Holland Marsh Water Quality Improvement Project
The Director, Watershed Management spoke to Staff Report No. 49-04-BOD and
provided some background information regarding the Holland Marsh Water Quality
Improvement Project.
A Schedule C Class Environmental Assessment commenced in 2003 and the project
is currently in the 30-day review stage which will expire at the end of September 2004.
Following the 3D-day review and if there are no Part II orders received, the project will
proceed to the detailed design.
The Director, Watershed Management advised that he is very pleased with the report
that was produced and with the work being done on this project.
The Director, Watershed Planning introduced Ms. Rayna Volden and Ms. Frances
Wilbur, both from CH2M HILL who then provided a presentation and update regarding
the Holland Marsh Water Quality Improvement Project. A copy of their presentation was
tabled at the meeting.
Following the presentation, the floor was open for questions.
Q Currently the pumps located in the Holland Marsh were designed for a specific
purpose and it now appears that the HMWQIP is changing the purpose of these
pumps.
A Realize the importance of issues and understand the need to maintain the integrity.
When the detailed design is undertaken, the consultants will be in a better position to
address the issues.
The concerns have been noted and the location will be re-evaluated in the detailed
design.
Consultants have received comments from Art Janse which have been noted and
again will be addressed under the detailed design.
lake Simcoe Region Conservation
80ard of Directors' Meeting
800-09-04 - Minutes
September 24, 2004
Q Is it not important to know how much fertilizer is being placed on the fields and what
amount is getting into and coming out of the water?
A It is very difficult to get this information from the farming community. It is not reasonable
to expect farms to stop using fertilizer however Authority staff will continue to work with
the farming community to undertake Best Management Practices.
Q The removal of 2.4 tonnes annually - what is the percentage in relation to the Lake?
A 2.4%
Q The removal of 2.4%, $13 million capital costs; $500,000 in operating costs. Are you
comfortable that the $13 million is the best value to remove 2.4% from the Lake?
A Yes.
Q 100 tonnes per year of phosphorus. Some of that is airborne. What amount is from the
polders?
A The exact amount is not known however approximately 40 tonnes is atmospheric
deposition.
Q Will this process remove other contaminants, ie nitrogen?
A This is a waste water treatment plant which will remove more than phosphorus however
it will not be very effective on removing nitrogen. The removal of nitrogen is most
effective if treated at the source.
The water coming out of the treatment plant will certainly not be drinking water quality
however it will be better than when it went in.
Q Are you satisfied that the amount of phosphorus being placed on the polders today is
necessary to maintain their business?
A The Muck Research Station have done studies to determine how much is enough. It
is known that in the past, more fertilizer was used than needed. It is believed that this
practice has improved.
Lake Simcoe Region Conservation Authority
Board of Directors'
BOD-09-04 - Minutes
September 24, 2004
6
Q It is indicated that member municipalities will finance the associated costs. Please
elaborate.
A This will be addressed in the next phase as to who will pay. All the municipalities will
benefit from a healthier Lake Simcoe.
Currently investigating other opportunities for the capital costs, i.e. grant funding.
Q Concur with the previous comment regarding use of fertilizer. Need to manage what
is being used to get the full benefit of removal. Municipalities may not mind paying if
there is some control over how much fertilizer is being used. Most municipalities are
implementing programs to reduce the amount of fertilizer being used in urban areas.
A By the year 2008, all farmers will be required to do a nutrient management plan. This
will reduce how much fertilizer is being used on their lands. This is already underway
with larger farms.
Q In the next report would like to know what is being removed and what are the sources
of phosphorus going into the Lake. Is the Holland Marsh the biggest contributor?
A Currently monitoring of all tributaries going into Lake Simcoe is being done and the
Holland Marsh is the biggest contributor of phosphorus. Almost 1/3 of the total
contribution.
Q In defence of the farming community and as a retired farmer it must be said that
farmers are reducing the amount of fertilizer being used. The cost of fertilizer has
increased substantially over the past year however the money being received for the
crops has not increased at the same rate. Economics is the biggest factor and farmers
are aware that they need to cut costs.
Given the amount of discussion and questions on this issue and the time constraints of this
meeting, Mayor Grossi asked to put a motion on the table to defer this report to the next
meeting.
Moved by:
Seconded by:
R. Grossi
J. West
Lake Simcoe Region Conservation
Board of Directors' Meeting
BOD-09-04 - Minutes
September 2004
RECOMMENDED: THAT Staff Report No. 49-04-BOD regarding
the Holland Marsh Water Quality Improvement
Project Environmental Assessment Study be
received and deferred to the October meeting.
MOTION DEFEATED
The CAO advised that this project has been on-going since 1985, and recommended
that staff bring a report to the Board at the October meeting in order to put this into
context for the total Lake Simcoe initiative. This would be especially beneficial for the
new Board Members.
Moved by:
Seconded by:
BOD-04-182
J. West
V. Hackson
THAT Staff Report No. 49-04-BOD regarding
the Holland Marsh Water Quality Improvement
Project Environmental Assessment Study be
received and approved; and
THAT staff be authorized to proceed with the
development of a proposal for the next step
of the project; and
FURTHER THAT staff include an estimate of
the cost to complete the detailed design as a
line item in the 2005 budget.
VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 2,9, 12 of the Agenda were identified for discussion.
VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by:
Seconded by:
J. West
N. Snutch
Lake Simcoe Region Conservation
Board of Directors' Meeting
BOD-09-04 - Minutes
BOO-04-183
September 24, 2004
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.
1. Fill. Construction & Alteration to Waterways Applications
BOD-04-184
3. Correspondence
BOD-04-185
4. Correspondence
BOD-04-186
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.
RESOLVED THA Tthe letter dated August 19th,
2004, received from the Ministry of Natural
Resources regarding the 2004 Provincial
GrantFunding to Conservation Authorities be
received.
RESOLVED THATthe letter dated August 27th,
2004, from the County of Simcoe, thanking
the Authority for providing them with a copy
of the "State of the Lake Simcoe Watershed"
report be received.
Lake Simcoe Region Conservation Authority
Board of Directors' Meeting
BOD-09-04 - Minutes
5. Correspondence
BOD-04-187
6. Correspondence
BOD-04-188
RESOLVED THAT the undated
correspondence from Mr. Jim Woodford,
subject: "Lake Simcoe in Perill" that speaks
to the public consultation session held on
August 11, 2004, in Oro-Medonte and to
various questions raised regarding lake
Simcoe as a result of that session and the
Authority's response to Mr. Jim Woodford, be
received.
RESOLVED THAT the copy of an email that
speaks to Volume 6 of Conservation Ontario's
Internal Electronic Bulletin which provides
updates on key issues discussed at
Conservation Ontario Council meetings be
received.
7, Correspondence
BOD-04-189
RESOLVED THAT the email from
Conservation Ontario regarding the 50th
Anniversary of Hurricane Hazel be received.
8. Monthly Communications Update
BOD-04-190
RESOLVED THAT the Monthly
Communications Update, for the period
August 1 to 31, 2004, be received for
information.
24, 2004
lake Simcoe Conservation Authority
Board of Directors' Meeting
BOD-09-04 - Minutes
September 24, 2004
1 O.Budget Assumptions and Timing for the Year
BOD-04-191
RESOLVED THAT Staff Report No. 51-04-
BOD, concerning budget preparation for the
year 2005 be adopted.
11. Toward a Golden Horseshoe Greenbelt
Greenbelt Task Force - Advice & Recommendations to the
Minister of Municipal Affairs and Housing
BOD-04-192
RESOLVED THAT Staff Report No. 51-04-
BOD, concerning budget preparation for the
year 2005 be adopted.
13. Board Meeting Highlights Report
BOD-04-193
THAT Staff Report No. 54-04-BOD regarding
a "Board Meeting Highlights Report" be
approved; and
FURTHER THAT the "Board Meeting
Highlights Report" be forwarded to each
Board Member after a Board of Directors'
Meeting and placed on the Authority's
website.
14. Watershed Characterization and Water Budgeting Proposal
BOD-04-194 RESOLVED THAT Staff Report No. 55-04-BOD
be received and approved; and
THAT staff be authorized to finalize a
proposal to complete watershed
characterization and budgeting for
submission to the province in the event that
100% funding may be available; and
THAT the Chair and the CAO be authorized to
discuss next steps with the Chairs and CAO's
of NVCA and SSEA; and
Lake Simcoe Region Conservation Authority
Board of Directors' Meeting
BOD-09-04 - Minutes
2004
FURTHER THAT staff discuss related
personnel matters regarding this proposal
with the Administrative Committee and report
back to the Board of Directors.
VIII HEARINGS
There were no hearings scheduled for this meeting.
IX DELEGA nONS
There were no delegations scheduled for this meeting.
X CONSIDERA TION OF ITEMS REQUIRING SEPARA TE DISCUSSION
lake Simcoe Region Conservation
Board at Directors' Meeting
BOD-09-04 - Minutes
2. Correspondence
September 24, 2004
Member John West requested more information regarding the correspondence
included with the agenda from Sin-Canada Technology Exchange Centre.
The CAO advised that this delegation from China contacted the Authority requesting
a presentation. This is the third such Chinese delegation the Authority has been
involved with. China has some very serious water issues.
Member Jack Rupke advised that this same delegation spent a day with the Township
of King's CAO and Planning staff. They were very interested in how the planning is
controlled.
Moved by:
Seconded by:
BOD-04-195
J. West
J. Rupke
RESOLVED THAT the letter dated August 4 th,
2004, received from the Sino-Canada
Technology Exchange Centre addressed to
Mr. Brian Kemp, Manager, Corporate
Communications requesting a visit to the
Lake Simcoe Region Conservation Authority
by the Chinese Delegation visiting from
Xinjiang Autonomous Region and a brief
overview of the Authority's mandate and
operation and the environmental
conservation program be received.
10. Budget Status Report
Member Susan Self requested clarification on page 87 of Staff Report No. 50-04-BOD
regarding the Budget Status Update for the period ending July 31st, 2004.
It indicates an adjustment for the 47% shortfall. As the busiest period for permits is
typically the Spring season, there is concern that this will leave the Authority short.
Lake Simcoe Region Conservation
Board of Directors' Meeting
BOD-09-04 - Minutes
2004
The CAO responded that the Authority has been unsuccessful in collecting this revenue
from the municipalities however the Director, Watershed Management continues to
pursue this. The CAO further advised that during the past two to three years, the
Authority experienced a huge revenue boom in October and November which is very
surprising. The key here is to collect the outstanding revenue owing the Authority, which
is in the amount of $45-49,000.
Moved by:
Seconded by:
S. Self
J. Rupke
BOD-04-196
RESOLVED THAT Staff Report No. 50-04-BOD
regarding the Authority's Budget Status for
the period ending July 31st, 2004 be received
for information.
11. Letters Patent Report
Member Susan Self requested clarification regarding Staff Report No. 53-04-BOD
regarding the Lake Simcoe Region Conservation Foundation's request to change the
Letter's Patent and the recommendation included with that report.
The CAO responded that the Authority's Chair, Vice Chair and herself currently sit on
the Foundation's Board and are very concerned with the request of the Foundation that
the Authority change their Letters Patent. The CAO advised that she fully concurs with
the legal opinion obtained in that the Authority's Letters Patent should not be changed
and asked the Board to approve Staff Report No. 53-04-BOD and further approve that
the Authority's Letters Patent not be changed.
Member Susan Self recommended that the following be included in the resolution:
"that this matter be tabled until such time that the Coalition achieves status as a
registered charity".
The CAO advised that the Coalition have not made application for charitable status as
there are rules that apply to lobby groups - they do not get charitable status. The
Coalition is a lobby group.
The Foundation has to be very careful as they are moving very close to becoming a
lobby group.
Lake Simcoe Region Conservation
Board of Directors' Meeting
BOD-09-04 - Minutes
September 24, 2004
The Board advised that it is prudent that the Foundation's President attend a future
Board meeting of the Authority in order to hear the Board's concerns first hand.
Mayor Grossi advised that he attended a meeting of the Rescue Lake Simcoe
Coalition (RLSC) and further advised that they are working parallel with several of the
issues the Authority is concerned with. The RLSC can utilize resources the Authority
does not have and it may be beneficial to have a relationship with the Coalition.
The CAO responded that the Authority has made it very clear that the Authority values
their relationship with the Coalition. The Authority/Foundation is prepared to work with
the Coalition but not through the Letters Patent. The Coalition is looking for a
mechanism to receipt donations under the Charities Act and the Authority cannot
jeopardize their charitable status number by allowing this.
The Board inquired if a letter to the Coaltion from this Board would be helpful in
advising the Coalition that this request is not appropriate?
The CAO responded that the Foundation has been told of the Authority's position and
further that the recommendation on page three of the Staff Report recommends that
a copy of Staff Report No. 53-04-BOD be forwarded to the Foundation.
The CAD advised that the new Executive Director of the Foundation will be making a
presentation to the Board in October and an invitation will be extended to the President
to attend that meeting as well.
Moved by:
Seconded by:
S. Self
K. Shier
BOD-04-197:
RESOLVED THAT Staff Report No. 53-04-
BOD regarding the Lake Simcoe Region
Conservation Foundation's request to
change the Letter's Patent be received; and
THAT the matter be tabled until such time that
the Coalition achieves status as a registered
charity; and
FURTHER THAT the President of the
Foundation be requested to attend a future
meeting of the Authority.
Chair Bridge called a five minute recess.
Lake Simcoe Region Conservation
Board of Directors'
BOD-09-04 - Minutes
2004
XI OTHER BUSINESS
(a) Places to Grow - A Growth Plan for the
Greater Golden Horseshoe
The CAO apologized to the Board for tabling this item however reiterated that
Authority staff only received this report on Friday September 17, 2004, for review
and comments which are due to the Ministry by Friday, September 24th, 2004.
The CAO referenced Staff Report No. 56-04-800 advising that a number of points
are made within the Staff Report which are believed to be issues that need to be
forwarded to the Ministry for consideration.
The CAO advised that this is a very high level document and the key points staff are
trying to make is in terms of "Places to Grow". Staff have some very serious issues
in the watershed - particularly in the South Simcoe area. The Authority continues
to struggle with development in the watershed without a provincial policy.
Member John West advised that Aurora Council dealt with this document at a
recent meeting. Member West advised that he reviewed the recommendations
outlined in the Staff Report and concurs however the report does not address the
fact that there should be greenspace surrounding each municipality. It is a serious
concern that future generations will not have the opportunity to see the beauty of
greenspace as municipalities, as a result of development, are becoming
continuous. Greenspace needs more protection in this policy.
Member West asked that this be included in the letter to the Ministry.
Member Rob Grossi requested that the Authority make the request that Lake
Simcoe be designated as a significant natural resource and that an audit be done
on Lake Simcoe relative to sustainability outside of the designated settlement
areas.
Member Grossi asked that these issues be included in the letter to the Ministry.
~
lake Simcoe Conservation
Board of Directors'
BOD-09-04 - Minutes
September 24, 2004
Moved by:
Seconded by:
BOD-04-198:
Moved by:
Seconded by:
BOD-04-199
Moved by:
Seconded by:
BOD-04-200
J. West
N. Snutch
RESOLVED THAT Staff Report No. 56-04-BOD
regarding the Provincial Discussion Paper -
"Places To Grow - A Growth Plan for the
Greater Golden Horseshoe" be received and
approved; and
FURTHER THAT the Staff Report be
forwarded to the Ministry of Public
Infrastructure and Renewal by September 24,
2004 as the lake Simcoe Region
Conservation Authority's position on the
Places To Grow Discussion Paper.
M. Nanowski
S. Self
RESOLVED THAT the Authority's Board of
Directors move to "Closed Session" to
discuss the confidential items listed as item XI
(b) of the "Tabled Items and Other Business"
agenda.
G. Davidson
P. Brown
RESOLVED THAT the Authority's Board of
Directors rise from "Closed Session" and
report their progress.
(b) Ensuring Capacity and Competency - The "Soft" Skills
Moved by: J. Rupke
Seconded by: V. Hackson
Lake Simcoe Region Conservation
Board of Directors'
BOD-09-04 - Minutes
September 24, 2004
BOD-04-201
RESOLVED THAT Staff Report No. 57 -04-BOD
regarding the proposal on "Ensuring
Capacity and Competency: The "Soft"Skills
be received; and
THAT the firm of Pickard and Laws be
retained to assist the Authority in developing
leadership capacity and competency at a total
upset limit of $7,500; and
FURTHER THAT the funding for this work be
taken from the Authority's Finance and
Administration Reserve in the event that the
work can not be funded from within the
Authority's 2004 budget.
(c) Healthy Yards - Healthy Waters
Member Grossi advised that this program was a success in the Town of Georgina
and requested that a presentation be made to the Board at a future meeting.
The CAO responded that this can be done and that a Staff Report will also be
brought to the Board on this program in October.
Member George Davidson requested that information on this initiative be
forwarded to the City of Kawartha Lakes as well as to the Kawartha Region
Conservation Authority.
XII ADJOURNMENT
The meeting was adjourned at 10:55 a.m. on a motion by Councillor John West.
CARRIED
original signed by:
original signed by:
R. Bridge
Chair
D. Gayle Wood, CMM III
Chief Administrative Officer!
Secretary-Treasurer
k ~
Legislative Building
Queen's Park
Toronto, Ontario
M7 A 1 A 1
Le Premier ministre
de l'Ontario
Edifice de I' Assemblee legislative
Queen's Park
Toronto (Ontario)
M7A 1A1
Nj
.,-"
Ontario
The Premier
of Ontario
November 22, 2004
~REC--IVEDl
7 5)004 I
ORO-i"iIEOONTE
TOWNSHIP
His Worship J. Neil Craig
Mayor
Township of Oro-Medonte
148 Line 7 South
PO Box 100
Oro, Ontario
LOL 2XO
Dear Mayor Craig:
Thank you for your letter informing me of council's resolution about funding for water
source protection. I appreciate your keeping me informed of council's activities.
I note that you have sent a copy of your resolution to my colleague, the Honourable
Leona Dombrowsky, Minister of the Environment. I trust that the minister will also take
your views into consideration.
Thank you again for the information.
Yours truly,
Qaft~
Dalton McGuinty
Premier
c: The Honourable Leona Dombrowsky
THE CORPORA nON OF THE
\48 Line 7 S., Box 100
Ora. Ontario LOl 2XO
TOWN8JiIP
--/7))- Of - dff ~
C':7V---- ~J~{:JI?afJ/u13
Phone (705) 487-2171
Fe,x (705) 487.0133
www.oro.n.1edonte.Cd
November 3, 2004
The Honourable Dalton McGuinty
Premier of Ontario
Queen's Park, Room 281
Main Legislative Building
Toronto, ON M7A 1A1
Dear Premier McGuinty:
The Township of Oro-Medonte supports the Ministry of the Environment's proposals for the protection
of Ontario's watersheds. As you are no doubt aware, Oro-Medonte encompasses a major watershed-
based source in the Oro Moraine. It is encouraging that your government is taking steps to protect this
source by introducing new water-taking permit regulations under the Ontario Water Resources Act.
The Township of Oro-Medonte is currently a member of the Nottawasaga Valley Conservation
Authority. The Conservation Authority has solicited the Township's support of the draft Drinking Water
Resource Protection Act Further, the Authority requests that we advise of our support of the
coordinating role in drinking water source protection planning proposed for conservation authorities.
The need for substantial and sustained provincial funding for drinking water source protection will be
essential in the implementation of the new legislation.
I would therefore respectfully request, on behalf of Council, that the Province proceed with the approval
of the legislation and the commitment to provincial funding for the implementation of water source
protection.
Yours truly,
7<W~
J. Neil Craig
Mayor
Ijt
cc: Leona Dombrowsky, Minister of the Environment
Garfield Dunlop MPP, Simcoe North
Wayne Wilson, CAO/Secretary-Treasurer, NVCA
Members of Council
Jennifer Zieleniewski, CAO
Keith Mathieson, Director of Engineering and Environmental Services
.. .
C.T. Strongman Surveying Ltd.
Ontario land Surveyors
4145 Burnside Line
R.R.#4 Orillia, Ontario L3V 6H4
fJ1f
MEMBER
Township of Oro- Medonte,
148 Line 7 South, P.O. Box 100,
Oro, Ontario.
LOL 2XO
RECEIVED ~ovember 18,2004
NOV 2 4 7004 I
ORO-MEOONTE 1
TOWNSHIP
Attention: Mrs. Jennifer Zieleniewski, Chief Administrative Officer
Re: Survey and Preparation of Plan of Survey
of Part of the Lakeshore Promenade, Registered Plan 626
(Geographic Township ofOro), Township ofOro-Medonte
Dear Mrs. Zieleniewski:
I am pleased to advise that in accordance with instructions originally received
from Mr. Chris Carter, Recreation Co-ordinator, that we that we have now completed the
above noted survey work with respect to that portion of the Lakeshore Promenade lying
between Blackman Boulevard and Myrtle Avenue and I am enclosing herewith four (4)
copies of my Plan of Survey R-79 for your files.
My field crew originally attended at the property September 13th, 14th, 22nd, and
October 15th, 2004 to undertake the boundary survey of the northerly limit of Lakeshore
Promenade lying between Blackman Boulevard and Myrtle Avenue and established
points OS feet south of the aforesaid northerly boundary of the Lakeshore Promenade to
allow for installation of removable bollards and the installation of cedar identification
markers. Subsequent to completion of this Phase of the work and in accordance with
your instructions, my field crew re-attended at the property between October 26th through
29th, 2004 to locate the present waters edge of Lake Simcoe between Blackman
Boulevard and Myrtle A venue together with associated structures lying between the
present waters edge of the lake and the northerly limit of the Lakeshore Promenade.
Prior to undertaking field work we conducted a Registry Office title search of the
subject and adjoining lands and found that the Municipality holds title to that portion of
Lakeshore Promenade which we surveyed by Property Identifier No. 74040-0039(LT)
and Property Identifier No. 58561-0002(LT), copies of which are enclosed herewith for
your reference. We further undertook a search of other surveyors notes and records for
abutting surveys on the adjoining lots, (Lots 27 to 57 inclusive) and obtained numerous
Plans of Survey of said abutting lands.
Telephone (705) 329-0765 Toll Free 1-800-387-1668 Fax (705) 329-0424 Email strongman@orilliapronet.com
Page 2
With respect to the dimensions of the abutting lots to the north, these are
essentially as called for on Registered Plan 626 and any minor differences between the
measured distances and those as called for on the Registered Plan are as noted on the
enclosed Plan of Survey. During the course of the field work, we also located the various
iron bars monumenting or witnessing the exterior angles of the abutting lots and marked
same in order that all concerned parties will have no problem in ascertaining the location
of the bars at a future date.
Please note the location of the various structures, sheds, decks, stairs, docks and
retaining walls as same are situate on the subject land and further as shown on the
enclosed Plan of Survey.
This concludes my work on this particular project and once again, I wish to thank
you for the opportunity of being of service to you in this matter. Should you have any
questions concerning any aspect of the enclosed plan or the field work conducted in
conjunction with same, please do not hesitate to contact me and I would be pleased to
discuss these with you at your convenience.
Enclosed herewith is my account for services rendered with respect to the above.
Yours very truly,
e~ -^-;)~.
<S
C.T. Strongman,
B.Tech.,OLS
CTS/ss
File: Oro-Medonte(4679Prom)Nov2004-PofS
Encls.
Nov-04-04 12:07P SSE A
..
1 705 527 5167
702
u., ~~',
sf.
Severn Sound
~~){
~/
~.
(t6b
Environmental Association
67 FQunh Street. Midland, Ontario L4R 3S9
Phone: (70S) 527-5166 - FAX: (70S) 527-5167
E-mail: kshennan({i)town.mitfiand.on.ca Website: www.sevcmsoond.C<I
November 3, 2004
Ms. Marilyn Pennycoo~ Clerk
The Corporation ofthe Township ofOro-Medonte
Box 100
Oro, ON LOL 2XO
Dear Ms. Pennycook,
RE: BUDGET REQUEST FOR THE SEVERN SOUND ENVIRONMENTAL
ASSOCIATION MUNICIPAL SHARE FOR 2005
In April of this year, the Severn Sound Environmental Association (SSEA) Agreement was
renewed for a five-year tenn. As part of the renewal process the SSE:A has considered operation
costs over a five-year horizon. The overall municipal share for 2004 has been $90,000. The share
of that cost from the Township of Oro-Medonte h~ been $13,293 (or 14.77%). The overall
municipal share oftbe SSEA budget for 2005 will increase to $100,000 as per discussion with the
SSEA. The SSEAoperating budget has remained steady for the last five years prior to 2004 and
the increase reflects rising administrative and sampling costs. Accordingly, the request for the
2005 budget from the Township ofOro-Medonte is $14,770.
The Severn Sound community will continue to need the services of the SSEA
· to forge cooperative initiatives that will address environmental issues,
· to coordinate monitoring of environmental status,
· to advise on solutions to new environmental problems and
· to provide a "neutral infonned voice". on environmental issues leading to a healthy
sustainable Severn Sound ecosystem.
Thank you for your continuing support and participation in the Environmental Association. The
contribution of Ralph Hough, your current member and our Chair, .and Township staff has been
most valuable. I wilt be happy to attend a Committee or Council meeting and answer any questions
Council may have on this request
Yours truly,
~ ,6 tv--
Keith Sherman, Coordinator
Severn Sound Environmental Association
oro-Med uf\i\Y Choirs
onte COffl~
?l€~~~
C' (/: ~
-J~~#
November 10th, 2004
. .
RECEIVED 1
Children & Youth in Song
Township of Oro-Medonte
148 Line 7 South
Oro, Ontario LOL 2XO
NOV 1 2 7004
ORO-MEDONTE
TOWNSHIP
Dear Mayor Craig and Members ofCouncil~
Re: Grant request for 2005 - Oro-Medonte Community Choirs
Thank you for the opportunity to submit a request for financial assistance ffom the
Township ofOro-Medonte in support of the Oro-Medonte Community Choirs. The Oro-
Medonte Community Choirs is a not for profit organization providing the opportunity for young
people in our Township to be part of a rewarding musical experience. Since 1995, the
Community Choirs have grown in numbers ITom nine to over thirty children and youth and have
enjoyed tremendous support ffom parents, board members and the broader community.
Attached for your information is a brief overview of the Choirs' operations along with an
operating budget for 2005. Although the bulk of our revenue comes ffom registrations and
volunteer fundraising activities, we hope you will be able to assist us with a grant to continue this
important activity. Costs associated with providing our musical programming include uniforms,
music, costuming, travel, festival and competition registrations, weekend rehearsal retreat
expenses, and director and accompanist fees. Additionally, although the registration fees are
kept relatively low, there are members of our community who are unable to meet the registration
fees and are sponsored by the fund-raising efforts of our organization.
The Oro-Medonte Community Choirs has undergone a lengthy process of incorporating
under a Board of Directors to ensure the continuation of this opportunity for children who like to
sing. June 18th of this year we were incorporated as a not-for-profit organization and are
awaiting finalization of our charitable status. We would thank the council for your support in
this endeavour.
At this time, we would like to request a grant in the amount of$1500.00 to help us cover
our operating costs. We have very much appreciated your assistance in the past and look
forward to our continued relationship with the Township ofOro-Medonte.
Please feel ffee to contact Marilyn Gregory at 487-6385 if you would like the Choirs to
perform at any of the Township functions.
Yours sincerely,
~I~
Nancy Cameron
President
#506 Line 11 S.,RR#3 J Howkestone, Ontario lOl-nO J Phone: (705) 487 - 6385 J http://www.howkestone.net/OM_choirs.php
Oro-Medonte Community Choirs
Historical Background:
The Oro-Medonte Community Choirs began rehearsals at the Hawkestone Community
Hall in September 1995 with 9 young choir members. This was the first opportunity for young
people between the ages of8 and 18 years to join a choir in Oro-Medonte. Choir members learn
to read music, sing melody and harmony and develop a commitment to perfonning as a team.
They operate under the mandate:
. To provide diverse musical education and experiences in a choral setting for young
people in the Township ofOro-Medonte.
. To foster a broader understanding of the world we live in through the genre of music.
. To enrich the musical life of the community.
. To promote the Township's objectives through cultural visibility.
In order to ensure that the choirs will continue for many years to come, a new Board of
Directors was established in 2002 and, on June 18th of 2004, the choirs were incorporated as a
not-for-profit organization. We are currently awaiting approval for our charitable status. In
addition, an active Parent Committee assists with fundraising and other support.
The Oro-Medonte Community Choirs is by all accounts a success story. There are now
two choirs, one for younger children who learn the basics of reading music and choral techniques
and a youth choir for singers who have reached a more advanced level of vocal and choral
development. As these young people grow with the children's choir and graduate into the youth
choir, it is apparent that their musical skills and sophistication have grown immeasurably.
Overview of Activities:
The Oro-Medonte Community Choirs have consistently expanded the number of
activities and events available for these gifted young singers. In addition to providing a
Christmas and Spring Concert for residents ofOro-Medonte, the choir also perfonns at the
Kiwanis Festival. Many individual members also perform at the Kiwanis Festival and/or have
participated in local music theatre productions and school functions. Some former members of
the choirs have gone on to study music and voice at the College and University level.
In order to enrich the experience for these young people, a weekend retreat aimed at
broadening the choir members' knowledge and skills and promoting friendships and bonding
among the children and youth is organized each Fall. Additionally the choirs perform at over 10
venues and tour four local schools in Oro-Medonte. Each year the youth choir also participates
in a tour or festival. Last year, they took part in the Ontario Vocal Festival in St. Catharines.
This year, they are planning a Youth Choir and Orchestra Festival for the weekend of May 27-29
in partnership with the Orillia Youth Symphony Orchestra.
Studies prove that music should be an important part of every child's life. Research has
demonstrated that participation in a music program assists students with their academic
achievement by improving reading skills and their ability to focus attention, and also enhances a
young person's self-image. In addition to learning new skills, choir members also learn about
commitment and teamwork. The emphasis of the choir director for these young singers is to
support and bring out the very best in each other.
Benefits to Children and Families in Oro-Medonte:
About the Director:
The Board of Directors of the Oro-Medonte Community Choirs is indeed
fortunate to have been able to hire Marilyn Gregory as their Director. Marilyn, who resides in
the Village of Hawkes tone, holds a Bachelor of Music Degree in vocal performance ITom Bethel
College in Kansas and has also received extensive training in classical and jazz piano. Her skill
and dedication has brought the Oro-Medonte Community Choirs to a high level of excellence.
Benefits to the Township:
The Oro-Medonte Community Choirs have obtained a high level of recognition
throughout the Township and surrounding Cities. They have been available to perform at special
functions such as the dedication of the Black AfTican Church, Jubilee 2000, the Simcoe County
Children's Choir Festival, and the Festival of Trees. Each time they perform they are proud to
bring the name of Oro-Medonte to their audience.
Revenue and Expenses:
Obviously, the expansion of the Choirs, touring, and the incorporation of many
new activities to enrich the lives of these young people has meant a corresponding increase in
operating costs. While the Director and Accompanist work for a minimal salary, and many
functions are undertaken by volunteers, there has been a substantial increase in the costs of
operating the Choirs. The enclosed budget demonstrates the commitment being made by the
volunteer Board of Directors in trying to meet the increase in expenses.
"
.. CRIME Simcoe
SNPPEii
A Non-Profit Corporation
November 15, 2004
fRECE'V.~
\ NOV '[ '2 200~ \
\ I
'\ ORO-MEDONTE \
TOWNSHIP ---! .
Mayor Neil Craig
Township of Oro Medonte
148 Line 7S, Box 100
Oro, Ontario
LOL 2XO
RE: Financial Assistance for the Fiscal Year 2005
Dear Sir:
20 Rose Street
Barrie, Ontario
L4M 2T2
Telephone: (705) 726-2237
~~-3067
~~~
-10 a.,co~
~
In my position as the President of Crime Stoppers of Simcoe-Dufferin-Muskoka, I would
like to thank you for your financial commitment to our program in 2004 and would
appreciate your consideration for financial assistance in your budget for 2005. Please
refer to the attached pages for our original costing proposal of 2003 for your
consideration.
Crime Stoppers does not receive funding from the provincial or federal government or
from police agencies. We are totally dependent upon funding from private, business and
municipal financial support
Crime Stoppers of Simcoe-Dufferin-Muskoka and the Police Services that provide
policing to your community continue to have an excellent partnership that has proven to
be. a productive relationship resulting in impressive results in drugs seized, stolen
property recovered and arrests made.
To maintain this investigative aid to all Police Services in the Simcoe-Dufferin-Muskoka
area requires an operational budget in excess of $130,000.00 per year. In the past we have
tried to meet this financial demand in a variety of fundraising campaigns, such as Wild
and Tame Dinners, Gala Balls and Golf Tournaments. However, we find that for the past
several years we haye been unable to meet our cash flow commitment. Subsequently
alternate sources of financial support are required to maintain this high profile Crime
Prevention program. We believe that the time has come for all communities and Police
Service Boards to contribute their share to a program that has consistently proven to be
cost effective in providing safer communities. Our assessment per municipality is
approximately 15 cents per resident for each municipality.
We would be happy to provide a ten minute presentation to council and/or the budget
committee in the New Year when you are considering the many requests for funding.
WE PAY CASH FOR TIPS... 1 800222.8477
..
...
~
Your continued financial support in the amount of $750.00 will assist Crime Stoppers of
Simcoe-Dufferin-Muskoka in continuing to provide your community with the best Crime
Prevention program available to make all our communities safer.
Sincerely,
~~4?
Ron Gilbert V
President
,,'~-
THE CORPORATION OFTHE
i48line 7 S.. Box 100
Ora, Ontario LOL 2XO
TOWN6tIIP
c!!J)v_Of~~
Phone (705) 487-217 i
Fax (705)487-0133
www.oro-medonte.ca
N~vember 19,2004
Dear Property Owner:
Re: Land Transfer from Indian Park Association
We are pleased to advise that the transfer oflands from Indian Park Association to the residents of
Sugarbush has been completed.
Enclosed with this letter:
. a copy of the registered deed for the transfer oflands to you from Indian Park Association
. a copy of the pertinent registered plan that depicts your property and the land being transferred
. a copy of the Consent from the Committee of Adjustment for the severance of the subject land
. a copy of the reconciliation of the account for monies held and expended by the Township in
the facilitation of this project
This has been an arduous process and we wish to express our appreciation of your patience and input
in bringing the project to fruition.
If you have any questions with respect to the transfer, please contact the Indian Park Association office
for assistance at 835-3000.
~
Eva McGee
President
Indian Park Association
Encl.
Indian Park Association
Consolidation of Income and Expenses
as at November 25,2004
Description
Income
Expenses
Balance
Total money received per agreement
$124,000.00
Total Income
$124,000.00
EXPENSES:
C. T. Strongman Surveying
$27,900.25
$21,400.00
$16,050.00
$13,075.17
$78,425.42
Packet & Times
$900.14
$1,137.91
$904.13
$919.57
$3,861.75
$17,000.00
$31,781.30
$48,781.30
Klaus N. Jacoby
$124.20
$124.20
$248.40
Shirley Partridge Registry Services
Barrie Blue Printing
$24.15
$24.15
$1,158.84
$1,065.56
$2,224.40
Russell, Christie, Miller
Total Expenses
$133,565.42
Balance in Account (gst incl.)
$9,565.42
Less: GST Rebate not yet claimed by the Municipality
$8,409.01
Overexpenditure
$1,156.41
Note - Holding 2 deeds for an additional income of
$1,600.00
BALANCE
-$443.59
Prepared by Bonnie McPhee
November 25, 2004
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: COUNCIL Prepared By:
EES2004-46 Keith Mathieson
Subject: Department:
Council
1606380 Ontario Inc. (Wildflower Engineering and
Farm Inc.) - Site Plan Agreement Environmental Services
C. of W. -10195 Hwy. #12 - Part Lot 9, Date:
Concession 14 (Formerly November 25,2004
Motion # Medonte), Except Parts 1 and 2, R.M. File #:
51 R-23285, Being all of PIN D11-13936
Date: #58521-0062 (Lt) Roll #:
020-004-18000
II BACKGROUND:
~
Mr. Paul Jenkins (owner) is proposing to construct a 30' x 20' retail facility and three (3) plastic
hoophouses. The proposed hoophouses are for growing plants only and will not be accessible to the
public.
ANAL YSIS:
Mr. Jenkins' Site Plan application was reviewed by the Site Plan Committee on August 26, 2004.
M.T.O. approvals have been received, satisfying all Committee and staff concerns.
ECOMMENDATION S :
1. THAT Report No. EES2004-46 be received and adopted.
2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with 1606380 Ontario Inc.
(Wildflower Farm Inc.) to construct a 30' x 20' retail facility and three (3) plastic hoophouses.
3. THAT the Clerk prepares a By-law for Council's consideration.
4. AND T A Mr. Jenkins be notified of Council's decision.
Keith at 'eson
Director of Engineering and Environmental Services
C- /k {' iZ<-J c'"
:' ~
1.70.' cP4.0 ~ C~ / ~.afl~ JrJ,p' ;::
~~.- ~ .rJ~)~~
I RECEIVED I '!:tlLtf d, -~ ~, ~:?) ~6()'
! NOV 2 2 2004
I '
ORO.MEDONTE : C'<hLi ./hi / ~a.1Lv r. , ~
TOWNSHIP .4hUt~, /.. -:0:- -<Vn.d .A/?.:fk,
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fY1P.;/cYV ~ YA J;oJ.-U {XX:v'vdP.
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<i/YV AP7 ..tfl:i.-/JJ flY! a:t;tMY,
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THE T :~,~~ ~n~~r~;:~;'~~~$: matters
November 18, 2004
The Corporation of The Town of Oro/Medonte
Box 100
148 Line 7 S.
Oro. ON
LOL 2XO
Dear Council,
For the past 90 years the annual Christmas Seal Campaign has supported the work of
The Lung Association. The Lung Association was founded in 1900 to fight tuberculosis
and continues in 2004 to be committed to the conquest of respiratory disease such as
asthma. tuberculosis, emphysema, lung cancer and to promote clean air and a smoke-
free lifestyle.
The work of the Lung Association touches every Canadian, because when you can't
breathe, nothing else matters.
I ask that the council of the Town of Oro/Medonte consider declairing December 2004
Lung Awareness Month. I've attached a sample proclmation for you. If you would like
to have a lung association representative present when you make this proclmation,
please contact us.
Thank you for your time and consideration.
Yours sincerely.
(}< l.'_.. (2:. r;(J-<' ( tv.?t_,";' (
vI
Patricia Copeland
Area Manager
Cltariral;lti: R<'!gitrraziQM No 124()1 6368 RROiJO)
information line: 1~888-566.5a64 (LUNG) www.on.h.mg.ca
THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE
BY -LAW NO. 2004-130
A By-law to Amend By-law No. 2004-011, as amended, a By-law to Appoint
Representatives to Various Committees/Organizations
WHEREAS Section 224 of the Municipal Act, S.D. 2001, c.25, as amended, provides
that the role of Council is to ensure that administrative practices are in place to
implement the decisions of Council;
AND WHEREAS Council of the Township of Oro-Medonte did, on the 21st day of
January, 2004 enact By-law No. 2004-011 to appoint representatives to various
committees/organizations;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT Section 2 of By-law No. 2004-011, as amended, be deleted in its entirety
and replaced with the following:
2.a) THAT the following representatives be appointed to the respective
committees/organizations for a one-year term effective January 1, 2004:
. Site Plan Control Technical Support Group: Councillor John Crawford
Councillor Ruth Fountain
. Orillia Chamber of Commerce Deputy Mayor Harry Hughes
. Orillia Library Board Councillor John Crawford
. Oro-Medonte Chamber of Commerce Councillor John Crawford
. Oro-Medonte Community Policing Committee Councillor Dan Buttineau
2.b) THAT the following representatives be appointed to the respective
committees/organizations for a one-year term effective January 1, 2005:
. Site Plan Control Technical Support Group: Deputy Mayor Harry Hughes
Councillor Ralph Hough
Orillia Chamber of Commerce Councillor Ruth Fountain
. Orillia Library Board Councillor John Crawford
Oro-Medonte Chamber of Commerce Councillor John Crawford
. Oro-Medonte Community Policing Committee Councillor Dan Buttineau
2. THAT Section 3 of By-law No. 2004-011, as amended, be deleted in its entirety
and replaced with the following:
3.a) THAT the following representatives be appointed to the Recreation Technical
Support Group effective January 1, 2004:
. One Year Term:
Councillor Dan Buttineau
Councillor Paul Marshall
. Term of Council:
Bob Gregory
Ian Hunter
Lynette Crawford Mader
3.b) THAT the following representatives be appointed to the Recreation Technical
Support Group effective January 1, 2005:
. One Year Term:
Councillor Dan Buttineau
Councillor Paul Marshall
. Term of Council:
Bob Gregory
Ian Hunter
Lynette Crawford Mader
3. THAT By-law No. 2004-011, as amended, being a By-law to Appoint
Representatives to Various Committees/Organizations be further amended to
reflect the correct numbering.
4. THAT this by-law shall come into force and take effect on its final passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 1ST DAY OF DECEMBER 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
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-132
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and 1606380 Ontario Inc. (Wildflower Farm Inc.)
described as lands as follows:
10195 Highway #12 - Part Lot 9, Concession 14 (formerly Medonte),
except Parts 1 and 2, 51 R-23285, being all of PIN #58521-0062(Lt),
Township of Oro-Medonte
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 94-149;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of
this By-Law;
4. THAT this By-Law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 1ST DAY OF DECEMBER, 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
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 1 0
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "0"
Schedule "E"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
2
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the Planninq Act.
2004, in
BETWEEN:
1606380 ONTARIO INC.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 30' x 20'
retail facility and three (3) plastic hoophouses on lands described in Schedule "A",
attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
3
1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe and Ministry of Transportation.
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and staff,
perform any work in connection with this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Owner acknowledges
and agrees that the Owner shall be responsible for the cost of performance of all
the Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$1,000.00. The Owner shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "C", as well as
certification from the Owner's Solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
h) The Owner shall not allow public accessibility to the three (3) loophouse structures
and are for staff use only to grow plants.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
b)
That the Township has enacted a By-law to permit a 30' x 20' retail facility and
three (3) plastic hoophouses described on the Site Plan.
That the Township agrees that subject to compliance by the Owner with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject lands, as indicated on the Site Plan attached
hereto as Schedule "B", subject to the development restrictions contained herein.
a)
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following terms and conditions:
4
a) Site Plan
The use and development of the subject lands shall be in accordance with
and as set out on the Site Plan, attached hereto as Schedule "B".
b) Liqhting
All lighting systems installed outside, such as floodlights, shall be directed
away from any adjacent residential use and/or roadway, not to cause
interference in any way.
c) Parkinq Areas and Drivewavs
All parking areas and driveways shall be constructed, in conformity with
Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario
Building Code Regulation #419/86, and such parking areas, loading and
access areas shall be kept free and clear of snow and ice and kept
adequately drained. All entrances shall be constructed, as in Schedule "B",
attached. The Owner agrees to obtain all necessary approvals from the
Ministry of Transportation, County of Simcoe and Township of Oro-
Medonte.
d) Outside Storage
No outside storage shall be permitted between any buildings on the
premises and any street. Any other outside storage shall be contained in
the fenced compound, as identified on Schedule "B".
e) Garbaqe Storaqe
The Owner agrees to provide suitable storage areas for garbage and waste,
as shown on the Site Plan, and to install and maintain litter containers in
and around development on the lands. All metal scrap and associated
refuse contained in the fenced compound shall be removed on a weekly
basis.
f) Landscapinq
The Owner shall complete all landscaping and landscaped areas shown on
the Site Plan, attached as Schedule "B", as soon as weather permits, and
all grading and sodding required, according to any Engineering drawings
submitted, shall be done on all lawn areas.
g) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to
maintain all erosion and siltation control devices in good repair until
vegetative cover has been successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved by all
Parties. It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of
Confirmation, or notations on Engineering Drawings. The nature of such record of
amendment shall depend on circumstances.
5
5. SECURITY
Prior to signing the Agreement, the Owner will deposit with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owner arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "0" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of one hundred percent (100%) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with
the requirements of Schedule "E", with an automatic renewal clause in the amount
of one hundred percent (100%) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "0" of this Agreement and will become the basis for the limits of
the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and Security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) day's
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act,
R.S.O. 1980, Chapter 302, as amended.
7. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
6
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the Parties hereto, and upon the lands described in Schedule "An,
attached hereto, such Schedule being a legal description of the lands, and it is further
agreed that this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub-contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
) Owner:
) Has the Authority to
)
)
)
) Owner: Miriam oldberger
) Has the Authority to Bind the Corporation
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn pennycook, Clerk
)
7
SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 1606380 Ontario
Inc.
LEGAL DESCRIPTION OF LANDS
Part Lot 9, Concession 14 (formerly Township of Medonte), except Parts 1 and 2,
51R-23285, being all of PIN #58521-0062 (It), Roll If 4346-020-004-18000-0000.
8
SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 1606380 Ontario
Inc.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
9
SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Om-Medonte and 1606380 Ontario
Inc.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the Solicitors for the
parties after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered, shall be prior approved by the Solicitor for the
Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
10
SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 1606380 Ontario
Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
1.
N/A
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 1 (f) herein.
$1,000.00
(refundable deposit)
11
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-133
Being a By-law to Authorize the Execution of a Sublicense Agreement with the
County of Simcoe, under License with Teranet Enterprises Inc. for
the provision of OPMA Ownership Mapping Data Products
WHEREAS Section 20(1) of the Municipal Act, S.O. 2001, c.25, as amended authorizes
a municipality to enter into an agreement with one or more municipalities or local
bodies, or a combination of both to jointly provide, for their joint benefit, any matter
which all of them have the power to provide within their own boundaries;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it expedient to enter into a Sublicense Agreement with the County of Simcoe,
under license with Teranet Enterprises Inc., for the provision of OPMA Ownership
Mapping Data Products;
NOW THEREFORE, the Council of The Corporation of the Township of Oro-Medonte
enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute the Sublicense
Agreement with the County of Simcoe for the provision of OPMA Ownership
Mapping Data Products;
2. That Schedule 1, attached hereto, being the General Municipal license
Agreement between the County of Simcoe and Teranet Enterprises Inc., as to
form and content, forms part of this By-law.
3. That Schedule 2, attached hereto, being the "Form of Sublicense
Acknowledgement", as to form and content, forms part of this By-law.
4. 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 1 sl DAY OF DECEMBER, 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
t-~J.;,j . --
Schedule 2 to By-Law 2004-133
Ontaro Parcel Sublicense Agreement - Ownership Parcel
Page I
FORM OF SUBUCENSE ACKNOWLEDGEMENT
Between:
The Corporation of the County of Simcoe - (the "Licensee")
And
The Corporation of the Township of Oro-Medonte - (the "Sublicensee")
For valuable consideration, The Corporation of the Township of Oro-Medonte, wishing to be
appointed a sublicensee of the Licensee under a GENERAL MUNICIPAL LICENCE AGREEMENT-
OPMA OWNERSHIP MAPPING DATA PRODUCTS between the Teranet Enterprises Inc - (the
"Licensor") and the Licensee for the area executed June 21" 2004 and amendments (the "License
Agreement"), and thereby obtain use and access to one or more of the Database Products, Derivative
Products and Documentation licensed to the Licensee pursuant to the License Agreement, and the
Sublicensee does hereby irrevocably covenant, undertake, acknowledge, and agree with the Licensee as
follows:
I. The Sublicensee has received and reviewed a copy of the License Agreement, and agrees to be
bound by and to comply with the terms of the License Agreement as if the Sublicensee was an original
signatory thereto as the Licensee.
2. Without limiting the generality of paragraph I of this Acknowledgement:
Sublicence Restrictions. Sublicensee is granted a non-exclusive non-transferable licence to the Products
to:
(a) do the following for the Sublicensee's Internal Business Purposes:
(i) use and reproduce the Products and Documentation;
(ii) adapt, translate, convert and modit'y the Products to produce its own Derivative Products;
(iii) use, reproduce, adapt, translate, convert and modit'y its Derivative Products; and
(iv) produce, reproduce and use Resulting Products and Bundled Products; and
(b) sublicense the Products, Derivative Products, Resulting Products and Bundled Products to a Service
Provider for Sublicensee's Internal Business Purposes as expressly set out herein;
(c) provide an Internet Service to its Users in accordance with the Internet Guidelines, provided that the
Sublicensee must give prior written notice to Licensor and Licensee of any proposed Internet Service
by using the Notice of Internet Service, and such Internet Service is subject to the prior and ongoing
approval of the Licensor;
Licence Grant Sublicensee may, subject to the terms and conditions of this Agreement, sublicence the
Products, Derivative Products, Resulting Products and Bundled Products 10 Service Providers for Internal
Business Purposes provided that the Service Provider:
(a) performs work to the benefit of the Licensee or the Sublicensee with whom it enters into the
Sublicence Agreement;
(b) uses the Products, Resulting Products, Derivative Products and Bundled Products solely for
performance of such work;
(c) destroys the Products, Resulting Products, Derivative Products and Bundled Products on the earlier of
completion of the work or the expiration or termination of the Sublicence Agreement;
(d) is a Person to whom, in the normal course of doing business, the Licensee or the Sublicensee, as the
case may be, would provide access to the Products, Derivative Products, Resulting Products and
Bundled Products in fulfilment of its respective Municipal Mandate.
Survival of Sublicence with Service Providers. A Sublicence Agreement between an Sublicensee and a
Service Provider shall not survive termination of this Agreement
Other Oblil!ations.
(a) Sublicensee shall ensure that copies of all Sublicence Agreements between Sublicensee and its Service
Providers and all terms and conditions it uses with an Internet Service shall be kept by Sublicensee and
produced to Licensor, on request, for inspection and copying.
(b) Sublicensee shall notify Licensee in writing with respect to any issues or disputes arising from or
related to Products, Documentation, Derivative Products, Resulting Products and Bundled Products
including notification to Licensee of any default under Sublicensee's Sublicence Agreement.
(c) Sublicensee shall not deliver the Products, Derivative Products, Resulting Products and Bundled
Products, or part thereof, to its Service Providers and Users until Sublicensee is in receipt of a
Sublicence Agreement in accordance with the terms and conditions of the License Agreement
(d) If Licensee determines that a Sublicence Agreement between an Sublicensee and one of its Service
Providers does nol conform with the requirements of the License Agreement, Sublicensee, at
Licensee's request, shall forthwith terminate its Sublicence Agreement with such Service Provider.
(e) If Licensee determines that Sublicence Agreement used by Sublicensee for a Internet Service does not
conform with the requirements of the License Agreement, Sublicensee, at Licensee's request, shall
cease delivering and sublicensing the Products, Derivative Products, Resulting Products and Bundled
Products through the Internet Service and terminate the related Sublicence Agreements for the
Products, Derivative Products, Resulting Products and Bundled Products entered into with its Users.
(1) On ternlination of a Sublicence Agreement with one of its Service Providers, Sublicensee shall direct
its Service Provider to cease using and destroy the Products, Derivative Products, Resulting Products
and Bundled Products and request such Service Provider certify that all Products, Derivative Products,
Resulting Products, Bundled Products ha,,:e been purged from its computer systems, and that all
hardcopy materials produced from the Products, the Derivative Products, Resulting Products and
Bundled Products have been destroyed.
(g) Sublicensee shall: (i) acknowledge thaI the Producls were not created by or for Sublicensee and that it
does not have the authority to regulate the use of the Products and that it does not have a statutory
obligation to collect or maintain the Products; and (ii) provide that, in the event that a request for all or
part of the Products, Derivative Products, Resulting Products and Bundled Products provided by
Licensee to an Sublicensee hereunder is made to Sublicensee pursuant to applicable protection of
privacy and access 10 information legislalion, Sublicensee shall provide notice of such a request to
I' ' ..:
On taro Parcel Sublicense Agreement- Ownership Parcel
Page 2
Licensee and Licensor within five (5) calendar days of the request being made, and Sublicensee shall
co-operate with Licensee and Licensor in handling such a request.
No Warranties.
(a) The Licensee and its suppliers make no warranties with respect to the Products, Derivative Products,
Resulting Products and Bundled Products and that the Products, Derivative Products, Resulting
Products and Bundled Products are provided on an "as is" and "as available" basis, without any
warranties, representations or conditions, express or implied including warranties, representations or
conditions of merchantable quality, fitness for a particular purpose or non-infringement of third party
rights, or those arising by law or by usage of trade or course of dealing;
(b) the entire risk as to the results and performance of the Products, Derivative Products, Resulting
Products and Bundled Products is assumed by the Sublicensee and its users.
(c) The Licensee and its suppliers shall not have any liability to the Sub-licensee, any Person or entity for
any loss of revenue, profit or savings, lost or damaged data, or other commercial or economic loss, or
any indirect, incidental, special or consequential damages whatsoever, even if the Sublicensee and its
suppliers have been advised of the possibility of such damages, or for claims of any nature by a third
party against the Sublicensee and its users;
(d) notwithstanding anything else in this Agreement, the maximum aggregate liability of the Licensee and
its suppliers to the Sublicensee and its users or any other Person for any cause whatsoever related to
the Products, Derivative Products, Resulting Products and Bundled Products shall not exceed the fees
actually paid by Licensee in the last 12 months under this Agreement, if any; or, if no licence fees have
been paid, $1, which limitation of liability shall apply whether or not the liability results from a breach
of a fundamental term or condition or a fundamental breach; and
(e) the Licensee accesses records fiJed with certain suppliers and that the acknowledgements in this
section are also to the benefit of, and can be relied on by, such suppliers and shall survive expiration or
termination of the Sublicence Agreement.
Notices, Any and aIJ notices applied by or on behalf of Licensor to the Products, including notices relating
to copyright or other intellectual property or proprietary rights and limitation of liability shall be
reproduced on all copies of the Products, Documentation, Derivative Products, Resulting Products and
Bundled Products. Where hard copy products including paper maps are produced, the applicable
notifications set out in Product Sheets, attached to the License Agreement, shall be placed thereon. The
Licensee and the Sublicensees shaIJ not limit or derogate from the scope of the notices set out in Products,
Documentation and in applicable Product Sheets.
Limitation,
(a) The Licensor does not provide for maintenance for the Products, Derivative Products, Resulting
Products and Bundled Products or any part thereof that are greater than the Licensor's obligations set
out in the License Agreement or that extend beyond the Term of this Agreement;
(b) The Licensor and the Licensee prohibit the Sub-Licensee from any further transfer, licensing,
sublicensing, sale, assignment or distribution of the Products, Documentation, Derivative Products,
Bundled Products and Resulting Products except as expressly set out herein;
IN WITNESS WHEREOF the Corporation of the County of Simcoe and The Corporation of the
Township of Oro-Medonte have executed this Acknowledgement this day of
, 2004 (the "Effective Date").
) The Corporation of the County of Simcoe
)
)
) George MacDonald, Warden
)
Glen Knox, Clerk
The Corporation of the Township of Oro-Medonte
Mayor
Clerk
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY -LAW NO. 2004-134
Being a By-law to Authorize the Execution of a Sublicense Agreement with the
County of Simcoe, under License with the Municipal Property
Assessment Corporation for the provision of OPMA Ownership
Mapping Data Products
WHEREAS Section 20(1) of the Municipal Act, S.O. 2001, c.25, as amended authorizes
a municipality to enter into an agreement with one or more municipalities or local
bodies, or a combination of both to jointly provide, for their joint benefit, any matter
which all of them have the power to provide within their own boundaries;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it expedient to enter into a Sublicense Agreement with the County of Simcoe,
under license with the Municipal Property Assessment Corporation, for the provision of
OPMA Ownership Mapping Data Products;
NOW THEREFORE, the Council of The Corporation of the Township of Oro-Medonte
enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute the Sublicense
Agreement with the County of Simcoe for the provision of OPMA Ownership
Mapping Data Products;
2. That Schedule 1, attached hereto, being the General Municipal License
Agreement between the County of Simcoe and the Municipal Property
Assessment Corporation, as to form and content, forms part of this By-law.
3. That Schedule 2, attached hereto, being the "Form of Sublicense
Acknowledgement", as to form and content, forms part of this By-law.
4. 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 1st DAY OF DECEMBER, 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
Schedule 2 of By-Law 2004-134
Ontaro Parcel Sublicense Agreement - Assessment Parcel
Page I
FORM OF SUBLICENSE ACKNOWLEDGEMENT
Between:
The Corporation of the County of Simcoe - (the "Licensee")
And
The Corporation of the Township of Oro-Medonte - (the "Sublicensee")
For valuable consideration, The Corporation of the Township of Oro-Medonte, wishing to be
appointed a sublicensee of the Licensee under a GENERAL MUNICIPAL LICENCE AGREEMENT -
OPMA ASSESSMENT MAPPING DATA PRODUCTS between the Municipal Property Assessment
Corporation - (the "Licensor"), and the Licensee for the area executed June IS'h 2004 and amendments (the
"License Agreement") and thereby obtain use and access to one or more of the Database Products,
Derivative Products and Documentation licensed to the Licensee pursuant to the License Agreement, and
the Sublicensee does hereby irrevocably covenant, undertake, acknowledge, and agree with the Licensee as
follows:
I. The Sublicensee has received and reviewed a copy of the License Agreement, and agrees to be
bound by and to comply with the terms of the License Agreement as if the Sublicensee was an original
signatory thereto as the Licensee.
2. Without limiting the generality of paragraph I of this Acknowledgement:
Sublicence Restrictions. Sublicensee is granted a non-exclusive non-transferable licence to the Products
to:
(a) do the folJowing for the Sublicensee's Internal Business Purposes:
(i) use and reproduce the Products and Documentation;
(ii) adapt, translate, convert and modify the Products to produce its own Derivative Products;
(iii) use, reproduce, adapt, translate, convert and modify its Derivative Products; and
(iv) produce, reproduce and use Resulting Products and Bundled Products; and
(b) sublicense the Products, Derivative Products, Resulting Products and Bundled Products to a Service
Provider for Sublicensee's Internal Business Purposes as expressly set out herein;
(c) provide an Internet Service to its Users in accordance with the internet Guidelines, provided that the
Sublicensee must give prior written notice to Licensor and Licensee of any proposed Internet Service
by using the Notice of Internet Service, and such Internet Service is subject to the prior and ongoing
approval of the Licensor;
Licence Grant. Sublicensee may, subject to the terms and conditions of this Agreement, sublicence the
Products, Derivative Products, Resulting Products and Bundled Products to Service Providers for Internal
Business Purposes provided that the Service Provider:
(a) performs work to the benefit of the Licensee or the Sublicensee with whom it enters into the
Sublicence Agreement;
(b) uses the Products, Resulting Products, Derivative Products and Bundled Products solely for
performance of such work;
( c) destroys the Products, Resulting Products, Derivative Products and Bundled Products on the earl ier of
completion of the work or the expiration or termination of the Sublicence Agreement;
(d) is a Person to whom, in the normal course of doing business, the Licensee or the Sublicensee, as the
case may be, would provide access to the Products, Derivative Products, Resulting Products and
Bundled Products in fulfilment of its respective Municipal Mandate.
Survival of Sublicence with Service Providers. A Sublicence Agreement between an Sublicensee and a
Service Provider shall not survive termination of this Agreement
Other Oblil!ations.
(a) Sublicensee shall ensure that copies of all Sublicence Agreements between Sublicensee and its Service
Providers and aIJ ternlS and conditions it uses with an Internet Service shall be kept by Sublicensee and
produced to Licensor, on request, for inspection and copying.
(b) Sublicensee shall notify Licensee in writing with respect to any issues or disputes arising from or
related to Products, Documentation, Derivative Products, Resulting Products and Bundled Products
including notification to Licensee of any default under Sublicensee's Sublicence Agreement.
(c) Sublicensee shall not deliver the Products, Derivative Products, Resulting Products and Bundled
Products, or part thereof, to its Service Providers and Users until Sublicensee is in receipt of a
Sublicence Agreement in accordance with the terms and conditions of the License Agreement.
(d) If Licensee determines that a Sublicence Agreement between an Sublicensee and one of its Service
Providers does not conform with the requirements of the License Agreement, Sublicensee, at
Licensee's request, shall forthwith terminate its Sublicence Agreement with such Service Provider.
(e) If Licensee deternlines that Sublicence Agreement used by Sublicensee for a Internet Service does not
conform with the requirements of the License Agreement, Sublicensee, at Licensee's request, shall
cease delivering and sublicensing the Products, Derivative Products, Resulting Products and Bundled
Products through the ]ntemet Service and terminate the related Sublicence Agreements for the
Products, Derivative Products, Resulting Products and Bundled Products entered into with its Users.
(I) On termination of a Sublicence Agreement with one of its Service Providers, Sublicensee shan direct
its Service Provider to cease using and destroy the Products, Derivative Products, Resulting Products
and Bundled Products and request such Service Provider certify that all Products, Derivative Products,
Resulting Products, Bundled Products have been purged from its computer systems, and that all
hardcopy materials produced from the Products, the Derivative Products, Resulting Products and
Bundled Products have been destroyed.
(g) Sublicensee shall: (i) acknowledge that the Products were not created by or for Sublicensee and that it
does not have the authority to regulate the use of the Products and that it does not have a statutory
obligation to collect or maintain the Products; and (ii) provide that, in the event that a request for all or
part of the Products, Derivative Products, Resulting Products and Bundled Products provided by
Licensee to an Sublicensee hereunder is made to Sublicensee pursuant to applicable protection of
privacy and access to infomlation legislation, Sublicensee shall provide notice of such a request to
Ontaro Parcel Sublicense Agreement - Assessment Parcel
Page 2
Licensee and Licensor within five (5) calendar days of the request being made, and Sublicensee shall
co-operate with Licensee and Licensor in handling such a request.
No Warranties.
(a) The Licensee and its suppliers make no warranties with respect to the Products, Derivative Products,
Resulting Products and Bundled Products and that the Products, Derivative Products, Resulting
Products and Bundled Products are provided on an "as is" and "as available" basis, without any
warranties, representations or conditions, express or implied including warranties, representations or
conditions of merchantable quality, fitness for a particular purpose or non-infringement of third party
rights, or those arising by law or by usage of trade or course of dealing;
(b) the entire risk as to the results and performance of the Products, Derivative Products, Resulting
Products and Bundled Products is assumed by the Sublicensee and its users.
(c) The Licensee and its suppliers shall not have any liability to the Sub-licensee, any Person or entity for
any loss of revenue, profit or savings, lost or damaged data, or other commercial or economic loss, or
any indirect, incidental, special or consequential damages whatsoever, even if the Sublicensee and its
suppliers have been advised of the possibility of such damages, or for claims of any nature by a third
party against the Sublicensee and its users; .
(d) notwithstanding anything else in this Agreement, the maximum aggregate liability of the Licensee and
its suppliers to the Sublicensee and its users or any other Person for any cause whatsoever related to
the Products, Derivative Products, Resulting Products and Bundled Products shall not exceed the fees
actually paid by Licensee in the last 12 months under this Agreement, if any; or, ifno licence fees have
been paid, $1, which limitation ofliability shall apply whether or not the liability results from a breach
of a fundamental term or condition or a fundamental breach; and
(e) the Licensee accesses records filed with certain suppliers and that the acknowledgements in this
section are also to the benefit of, and can be relied on by, such suppliers and shall survive expiration or
termination of the Sublicence Agreement.
Notices, Any and all notices applied by or on behalf of the Licensor to the Products, including notices
relating to copyright or other intellectual property or proprietary rights and limitation of liability shall be
reproduced on all copies of the Products, Documentation, Derivative Products, Resulting Products and
Bundled Products. Where hard copy products including paper maps are produced, the applicable
notifications set out in Product Sheets, attached to the License Agreement, shall be placed thereon. The
Licensee and the Sublicensees shall not limit or derogate from the scope of the notices set out in Products,
Documentation and in applicable Product Sheets.
Limitation,
(a) The Licensor does not provide for maintenance for the Products, Derivative Products, Resulting
Products and Bundled Products or any part thereof that are greater than the Licensor's obligations set
out in the License Agreement or that extend beyond the Term of this Agreement;
(b) The Licensor and the Licensee prohibit the Sub-Licensee from any further transfer, licensing,
sublicensing, sale, assignment or distribution of the Products, Documentation, Derivative Products,
Bundled Products and Resulting Products except as expressly set out herein;
IN WITNESS WHEREOF the Corporation of the County of Simcoe and
Township of Oro-Medonte have executed this Acknowledgement this
, 2004 (the "Effective Date").
The Corporation of the
day of
) The Corporation of the County of Simcoe
)
)
) George MacDonald, Warden
)
)
)
) Glen Knox, Clerk
)
The Corporation of the Township of Oro-Medonte
)
)
) Mayor
)
)
)
) Clerk
)
THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-131
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL
MEETING HELD ON WEDNESDAY, DECEMBER 1, 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,
December 1,2004, 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 of the Township are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary on
behalf of the Council of the Corporation of the Township of Oro-Medonte. And, the
Clerk is hereby authorized and directed to affix the corporate seal to all said
documents.
BY-LAW READ A FIRST AND SECOND TIME THIS 1st DAY OF DECEMBER, 2004.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF
DECEMBER, 2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook