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03 25 2009 Council Agenda• , I • • • • • 9 • DATE: WEDNESDAY, MARCH 25,2009 TIME: 7:00 P.M. �Iml;301 117 a) Minutes of Council Meeting held on March 11, 2009. b) Minutes of Special Council Meeting held on March 18, 2009. zM a) 7:00 p.m. Proposed Amendment to the Zoning By-Law, 2009-ZBA-03, Part Block D, Plan M-8, being Part of Lot 5, Concession 6 (Oro), Township of Oro- Medonte, 15 Algonquin Trail, (Indian Park Association, IPA). b) 7:00 p.m. Proposed Amendment to the Zoning By-Law, 2009-ZBA-04, Part 1,2,3,4 and 5 of Plan 51 R-36467, Being Part of Lot 15 and Part of the original road allowance between Lots 15 and 16, Concession 1 (Oro), Township of Oro-Medonte, (Township Lands). a) 7:15 p.m. Rich Foshay, re: Committee of Adjustment Application, 2008-A-51. b) 7:25 p.m. Mike Gannon, re: Committee of Adjustment Application, 2008-A-51. iI w - 0 a 0 1 1 . 1 0 111 zM 10 i a) Minutes of Committee of the Whole, meeting held March 18, 2009. b) Minutes of Planning Public Meeting held on March 9, 2009. c) Minutes of Site Plan Technical Support Group, meeting held on March 18, 2009. d) Minutes of Committee of Adjustment, meeting held on March 19, 2009. 13. CONSENT AGENDA: a) Nottawasaga Valley Conservation Authority, minutes of meeting held on February 13, 2009. Staff Recommendation: Receipt. 14. COMMUNICATIONS: None. 15. NOTICE OF MOTIONS: None. 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: 17. IN-CAMERA ITEMS: a) Andria Leigh, Director of Development Services re: Legal Matter (2004-SUB-02, Thatcher). 18. BY-LAWS: a) BY-Law No. 2009-036 A By-Law to Amend By-Law, 2008-065, "A By-law of The Corporation • the Township of Oro-Medonte to Provide for the Imposition of Fees • Charges" (Fees and Charges By- Law). b) By-Law No. 2009-039 Being a By-Law to Authorize the Execution of the Ontario Small Waterworks Assistance Program — Part 2 (OSWAP-2) Contribution Agreement Between the Township of Oro- Medonte and Her Majesty The Queen in Right of Ontario as Represented by The Minister of Agriculture, Food and Rural Affairs. c) By-law No. 2009-040 Being a By-Law to Authorize the Execution of the Joint Service Board Agreement Between the Township of Oro- Medonte and the Severn Sound Environmental Association. i 21. ANNOUNCEMENTS 22. ADJOURNMENT -C U] :91k9' 11011116 COUNCIL MEETING Wednesday, March 25, 2009 a) Report No. Fl 2009-09, Paul Gravelle, Director of Finance/Treasurer/Deputy CA re: Late Charge - Water. I 41) Report No. TES 2009-19, Jerry Ball, Director of Transportation and Environmental Services re: 2009 Vehicle Quotations. c) Robin Dunn, Chief Administrative Officer, re: Corporate Comm unications/North Simcoe Community News. 17. IN-CAMERA ITEMS: b) Jerry Ball, Director of Transportation and Environmental Services, re: Personnel Matter (Operator #1 Position). F�71% �aATH RIN C'4TR T DELEGATION ,,6 This presentation is on behalf of the families ABREU LOSSING all owning property on MIM I a 9 FLIT50 9 V a -4 1 0 9 THE CONTEXT 1 0"11 wl 0 " I I FAAI I W'W As 6 Homes 2 to 3 Acres "S CATHERINE STREET GANNON RESIDENCE BROCK RESIDENCE Across from Gannon residence BARKER RESIDENCE Across and up the street from Gannon residence ABREU RESIDENCE Across from Gannon residence LOBBING RESIDENCE Right side adjacent to Gannon residence TANZI- FOSHAY RESIDENCE Left side adjacent to Gannon residence "0 19 99 RURAL m RESIDENTIAL Application 2008mAm5l .. 171111111111111 -. - ih Requesting the following relief from Section 5.1.4 and Section 5.1.6 of ! ! i • • Maximum Height required 4.5 m proposed 4.96 m ik Maximum Floor Area required 76 sq. m proposed 139.4 sq. m u� ABREU, LOSSING, TANZI-FOSHAY Catherine a Residents D! NOT BELIEVE this application [ 0 C as MM M W the planning department of Oro-Medonte to ap!! ! fmome � The Planning Act requires that applications that seek Variances Regulations ! ALL components of • , part test: a Does the variance conform to the general intent of the official Township plan? Does the variance comply with the general intent of thA, Zoning Bi-law? aL Is the variance M I ' desirable ' development Is the variance minor? Us Amami t • t A Minor Variance is, according to the definition of `minor' given in the Concise Oxford Dictionary, one that is lesser or comparatively small in size or importance. Justice Matlow Rosedale Golf Association Ltd. vs Freddy and Wendy Degasperis, February i1 L It follows be MORE THAN for # reasons ii It is too large to be considered minor m It is too important to be considered minor Application 008 for . VARIANCE" i twice 70 sq.m. surface area to 139.4 sq.m.. This is r a of a maximum surface area allowed under i r i i Township's official plan for this residential a a Is this application i r a variance "MINOR r� - Justice Matlow in February Rosedale Golf Association Ltd. vs Freddy and Wendy Degasperis, ! continues: "The likely impact of a variance is often considered to be the only factor which determines whether or not qualifies as mini but an approach i overlooks �i size ■ ■ ■ "A variance can be patently too large to qualify as Is the structure that is twice the size of the By-law for our residential street and is larger than 2 of the houses on the street minor? ik The Abreu, Lossing and Tanzi-Foshay fames think that this structure is not minor — under any definition that • planner reff"PK0 it Does the variance comply with the general intent of the zoning By- law? a Justice Matlow states that "an opinion as to whether or not it (the application) either alone or together was desirable for the appropriate use of the subject (applicant's) property. The issue was not whether the variance was desirable from the perspective of the (applicant's) plans for their property, but rather, whether it was desirable from a planning or PUBLIC INTEREST POINT OF VIEW." a The two families that are adjacent to the applicant's property and a third family that lives across the street OPPOSE the building of this structure. a i � PLO,_ SCALE 1'440 n View Ftom Road Facing Dwelli * 7,: t , S hY`,i rF ltd v4? k'S ^1R �U "` ov M w a t . t 6 • y f •� i rY. ? ^ „ � •. 1 i';° �'] ; ��" .. (fly. }� •t"� rte.' �''� w • �,r,;•ti� '�� ... .fe 1, x.,s''�j s'k' "-�' x;}5 �., ""r 'lt ;�r� _. -�'"M 4� 'f`c.,t3 ��, ,.a'�'. �:A'r ...i%�..Sii�•� " :`. 4 , ."s�: �i.��:;K'd M�i�"{.al�ti., s g : � ��x. �.tOn. •.tea.. '�' �`" r1 .i_..r ++ r�'t�','��1• .n'iti;',.e.f'�i�iSl. �i��* '�'ci,%'�ie^�.,. ".�.v,..]Y!"R fi1d'•.,.a...+� .. �v .J Clearer Retake of Planner's Picture —Sarre Angle Perspective TANZI- FOSHAY BACKYARD Proposed Location of Structure OUR VIEW Proposed Location of Structure OUR VIEW Proposed Location of Structure OUR VIEW As `! by .�iyan Vandenburg — Planner Oro-Medonte "A substantial existing treeline is currently located around the applicant's property,, I ) "Due to the existing tree coverage the variance for an increase in height and floor area will not have a negative visual or location impact on nqLighbouring 4iroperties. )) I - 10,00 As stated by Ryan Vandenburg — Planner Oro-Medonte "As this application should not adversely affect the character of the surrounding area, the proposed variance is considered to be minor. 1 s' Committee of Adjustment Meeting to consider Application 20i Motion was passed for the final decision to be deferred until Mr. Gannon (applicant) could provide site plan, structure sketches • provided • #! of ! ! neighbours. 11' 2nd Committee of Adjustment Meeting to consider Application . of r committee members, Potter , d Webster, r r ABSENT o r i ♦ ♦ 11 . ♦ i AL E Mr. Webster: "I question how this application is minor ?" At a d o i i of Adjustment Meeting i • + 29th Mr. Foshay asked the Committee of Adjustment ti i'make a motion to defer the Committee of Adjustment vote on Application 201: the full committee could hear the applicationif because of the close vote from January 29th. The Committee of Adjustment (the two members who voted for the application of January 29th) refused to make the motion. The application was approved 2-0 The chairperson, Mrs. Lynch, of the committee did not vote as her vote was not required. Mrs. Lynch voted against the application on January 29th. I� The Catherine Street D asking is council, a elected ! • of Oro-Medonte' ! a i ! a ! i • � ♦� a relation to their February 1 9thdecision oi Application 2008-A-51 and to • Ontario Municipal Board ! overturn the Committee of Adjustment decision. We, The Catherine Street Delegation, BELIEVE: this application is not a Minor Variance this application f• proposed ' does not •. the 4 part test as required by the Planning Tl- The Catherine 1 001:4 Bad i i allowed application t! be heard ! only w fraction of ` Committee of i ` • members ! r Committee of Adjustment ! opposed the application on w Potter, Webster, either weren't attendance ! i w 9 (Mr. Potter, Webster), ! their vote ! w needed w did not need to break w tie (Mrs. Lynch). REPORT 0A Prmid Herit(��e, Excitin, Future "y RECOMMENDATION(S): Requires Action For Information Only It is recommended that: i = i U*M a a VA1111 Io4a1la •A u-Tem• BACKGROUND: Since prior to 1999, the Township of Oro-Medonte has applied a one-time penalty charge of 10% on unpaid water installments. In conjunction with the municipality amending its water rates, a review of the penalty charge rate was undertaken. ANALYSIS: Until recently, the quarterly water installment was as low as $45 and thus the penalty for late payment was $4.50. Commencing in 2003, water rates have increased substantially such that the quarterly installment is $150 and the late payment charge is $15. With the introduction of a quarterly consumption charge, the quarterly installment may increase for many properties as will the late payment charge. Treasury staff conducted a survey of Simcoe County municipalities to determine the rate of their late payment charge. Finance March 25, 2009 Report No. F12009-09 Page I of 3 Clearview Collingwood Essa New Tecumseth Orillia Penetanguishene Severn Springwater Tay The Townships of Tiny and Ramara bill for water as a special flat rate charge on the tax bill. The Town of Midland applies a rate of 1.25% per month and the City of Barrie 1.50% per month. The Town of Wasaga Beach applies a one-time penalty charge of 10% but indicated they are also reviewing this rate. FINANCIAL: Revenue from late penalty charges would be reduced by at most $9,375 in 2009 and $12,500 thereafter if the rate was reduced to 5%. POLICIEWLEGISLATION: Municipal Act CONSULTATIONS: Lisa McNiven, Manager of Engineering & Environmental Services ATTACHMENTS: None Finance March 25, 2009 Report No. F12009-09 Page 2 of 3 llzl� CONCLUSION: C, - The rate • the •® charge for late payment • water installments be reduced to 5%. This reduced rate is reflected in By-law 2009-036. Paul Gravelle Director of Finance/Treasurer SIVIT Approval / Comments: Finance March 25, 2009 Report No. F12009-09 Page 3 of 3 ! C) k' - ( Totmiship Of REPORT Proud Heritage, Exciting Future Report NO. iii COUNCIL Prepared By: TES2009-19 Jerry Ball Meeting Date: Subject: Motion # March 25, 2009 200• Vehicle Quotations R.M.S. Ll 4-39070 RECOMMENDATION(S): Requires ActionFor Information Only X - ■ It is recommended that: 1. THAT Report No. TES2009-19 be received and adopted. 2. THAT the Director of Transportation and Environmental Services be authorized to purchase three (3) 2009'/2 ton Chevrolet pick-up trucks direct from the dealer lot in the amount of $15,933.00 each (including taxes) from Tom Smith Chevrolet Ltd. for the Transportation and Environmental Services Department. 3. THAT the Director of Transportation and Environmental Services be authorized to purchase two (2) 2009 four door small SUV's, Jeep Patriot, in the amount of $18,249.50 each (including taxes) from Centennial Plymouth Chrysler (1973) Ltd. for the Development Services Department. 4. THAT the expenditure for these vehicles be financed from their reserves. 5. AND THAT the Director of Transportation and Environmental Services advises the unsuccessful bidders of Council's decision accordingly. BACKGROUND: To ensure competitive pricing for the above-listed vehicles, proposals were hand delivered to fifteen (15) local dealerships in the Barrie, Orillia and Midland areas. The quotations were opened at the Administration Centre on Wednesday, March 18, 2009 at 1:00 p.m., with the Director of Transportation and Environmental Services and the Committee Co-ordinator present during the opening. Transportation and Environmental Services March 25, 2009 Report No. TES2009-19 Page 1 of 3 ANALYSIS: The results of the quotation opening for the three (3) 2009'/2 Ton Pick -Ups and two (2) 2009 four door small SUV's is as follows: NAME OF DEALERSHIP THREE (3) 2009 '/2 ' TON PICK-UPS TWO (2) 2009 FOUR DOOR MALL SUV's Centennial Plymouth Chrysler 1973 Ltd. $20,905.00 $18,249.50 Bourgeois Motors Ltd. $20,572.78 $24,148.10 Barrie Honda (no bid received) $31,150.00 Midland Honda $34,096.45 $29,904.15 Jim Wilson Chevrolet Pontiac Buick GMC Inc. $16,481.05 $23,098.33 Moffatt's Northwood Mazda (no bid received) $22,816.35 Orillia Mazda (no bid received) $24,639.65 Midland Toyota $26,103.00 $30,284.00 Tom Smith Chevrolet Ltd. $15,933.00 (vehicles direct from dealer lot $23,334.50 *(Taxes included in above prices) * FINANCIAL: POLICIES /LEGISLATION: CONSULTATIONS: ATTACHMENTS: Transportation and Environmental Services March 25, 2009 Report No. TES2009 -19 Page 2 of 3 ( C ) CONCLUSION: It is recommended that Council give favourable consideration to award the quotation from Tom Smith Chevrolet Ltd. for three (3) 2009'/2 ton Chevrolet pick-up trucks direct from the dealer lot in the amount of $15,933.00 each (including taxes) for the Transportation and Environmental Services Department. It is recommended that Council give favourable consideration to award the quotation from Centennial Plymouth Chrysler (1973) Ltd. for two (2) 2009 four door small SUV's, Jeep Patriot, in the amount of $18,249.50 each (including taxes) for the Development Services Department. It is further recommended that the expenditure for these vehicles be financed from their reserves. I Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services SIVIT Approval / Comments: I -C.A.O. Approval / Comments: Transportation and Environmental Services March 25, 2009 Report No. TES2009-19 Page 3 of 3 PUBLIC MEETING MINUTES Craighurst Secondary Plan (Draft Official Plan Amendment #27) March 9, 2009 @ 7:01 p.m. 11 t,,-&. • aiw Present: Mayor H.S. Hughes Councillor Mel Coutanche Councillor Sandy Agnew Councillor John Crawford Councillor Dwight Evans Regrets: Deputy Mayor Ralph Hough Councillor Terry Allison Staff Present: Robin Dunn, Chief Administrative Officer; Andria Leigh, Director of Development Services; Nick McDonald, Meridian Planning Consultants Ltd.; Glenn White, Manager of Planning Services; Steven Farquharson, Intermediate Planner; Ryan Vanderburg, Planner; Janette Teeter, Deputy Clerk Also Present: Bruce Read, Gary Bell, Shauna Dudding, Maria Gatzios, May Prokova, Greg & Jeanette Garrett, Barb Sinton, Floyd Sinton, D. Edwards, H. Woodside, J. Cooper, B. Veitch, Greg Pickard, Susan Pickard, Jerry Young, Patty Fitzgerald, Bram Bosman, Shaaron Pynn, Gail Sargeant, Steve & Linda Watson, Sheila & Fay Craig, Katrin Geogri, Rod Harris, Cathy & Philip Caston, Curtis Gray, Mark Blackmore, Mary O'Farrell- Bowers, Tom & Judy Kurtz, J. Isaac, P. Mergler, S. Britton, R. Truax, D. McNamara, Lori & Barry Prince, Sherry Beauchamp, John Poole, Dave & Lynette Mader, Myra Hewitt, Cathy & Charlie Edward, Derek Watson, Kim Gilchrist, S. Kelly, Deb Rinas, Pam Cowell, C. Bremer, J. Gray, Esther Armchuk-Ball, Russ Flewelling Mayor H.S. Hughes called the meeting to order and explained the public meeting has been called under the authority of the Planning Act, Sections 17 and 22, R.S.O. 1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the Official Plan, Draft Craighurst Secondary Plan Official Plan Amendment #27, Township of Oro-Medonte. Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the Craighurst Study Area boundary on February 17, 2009 and posted on two signs on County Road 93 at the north and south extent of the settlement area and two signs on County Road 22 at the east and west extent of the settlement area on the same date. -2— The following correspondence was received at the meeting: Bruce Read dated March 4, 2009; Maria Gatzios, Gatzios Planning & Development Consultants Inc. dated March 9, 200• . Andria Leigh, Director of Development Services, provided an overview of the purpose and effect of the proposed amendment. A Power Point presentation was presented. The following public persons offered verbal comments with respect to the proposed Amendment: Gary Bell, Betty Veitch, Tom Kurtz, Lynette Mader, Myra Hewitt, Hartley Woodside, Rod Harris, Susan Kelly, Paul Mergler, Mary O'Farrell-Bowers, Marilyn Bidgood, Esther Armchuk-Ball, Steve Watson, Sheila Craig. Mayor Hughes advised that written submissions will be received at the Township office until March 20, 2009 and that no additional deputations to Council will be permitted with respect to the proposed amendment. A digital recording of the meeting is available for review at the Township Administration Centre, 148 Line 7 South. There being no further comments or questions, the meeting adjourned at 9:11 p.m. Page 2 Planning Public Meeting March 9, 2009 Craighurst Secondary Plan Draft Official Plan Amendment #27 TOWNSHIP • ORO-MEDONTE SITE PLAN CONTROL -- &:&(aw N j� NEUFELD ROOM Wednesday, March 18, 2009 TIME: 1:03 p.m. .",resent: Mayor H. S. Hughes Councillor Terry Allison Councillor Dwight Evans Staff Present: Andria Leigh, Director of Development Services; Kim Allen, Chief Building Official; Glenn White, Manager of Planning; Lisa McNiven, Manager of Engineering and Environmental Services; Steven Farquharson, Intermediate Planner; Marie Brissette, Committee Coordinator. Also Present: Chaman Uppal and Ravnish Uppal, Applicants Richard Coady, Agent Andria Leigh, Director of Development Services, assumed the Chair and called the meeting to order. . 11 1 - I F.-151 Moved by Allison, Seconded by Evans It is recommended that the agenda for the meeting of Wednesday, March 18, 2009 be received and adopted. Carried. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None declared. 3. ADOPTION OF THE MINUTES OF JANUARY 13, 2009 Motion No. SPTSG090318-2 Moved by Evans, Seconded by Allison It is recommended that the minutes of the meeting held on January 13, 2009 be adopted as printed and circulated. Carried. a) Application: 2009-SPA-01 Applicant: Chaman Uppal Address: 9110 Highway 12 Proposal: The Applicant is proposing to construct a new gas bar canopy at the existing fuel dispensers and install a new underground storage tank at 9110 Highway 12. The property is designated Rural Settlement Area • r Plan, and Zoned General Commercial. • Moved by Allison, Seconded by Evans It is recommended that the verbal information presented by Andria Leigh, Director of Development Services, re: 2009-SPA-01, Chaman Uppal, 9110 Highway 12, Township of Oro-Medonte be received. Moved by Evans, Seconded by Allison It is recommended that we do now adjourn at 1:21 p.m. Carried. Carried. A digital recording of the meeting is available for review at the Township Administration Centre, 148 Line 7 South. Andria Leigh, Director of Development Services Marie Brissette, Committee Coordinator Page 2 Site Plan Control Technical Support Group Meeting Minutes —March 18, 2009 TOWNSHIP • ORO-MEDONTE COMMITTEE • ADJUSTMENT MEETING MINUTES COUNCIL CHAMBERS DATE: THURSDAY, MARCH 19,200• TIME: 9:30 A.M. Present: Michelle Lynch, Chair Lynda Aiken Bruce Chappell Staff present: Steve Farquharson, Secretary Treasure r/I ntermed iate Planner Marie Brissette, Deputy Secretary Treasurer/Committee Coordinator Ryan Vandenburg, Planner Regrets: Rick Webster Garry Potter 1. OPENING OF MEETING BY THE CHAIR Michelle Lynch assumed the Chair and called the meeting to order. CA090319-01 Moved by Chappell, Seconded by Aiken It is recommended by the Committee of Adjustment that the agenda for the meeting of Thursday, March 19, 2009 be received and adopted as presented. Carried. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — IN ACCORDANCE WITH THE ACT" 10 4. MINUTES OF PREVIOUS MEETING a) Minutes of Committee of Adjustment Meeting of Thursday, February 19, 2009. CA090319-02 Moved by Aiken, Seconded by Chappell It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, February 19, 2009 be adopted as presented. Carried. Committee of Adjustment Minutes — March 19, 2009 Page 1 5. PUBLIC MEETINGS a) Application: 2009-B-05 Applicant: Indian Park Association Location: Adjacent to 19 Algonquin Trail Proposal: Boundary adjustment. Marlene Jacob was present on behalf of the applicant. CA090319-03 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2009-B-05, being to permit a boundary adjustment to convey approximately 0.10 hectares (0.24 acres) from the subject property to the neighbouring residential lot being 19 Algonquin Trail, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the severed lands be merged in title with 19 Algonquin Trail and that the provisions of Subsection 3 or 5 of Section 50 of the Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. rii . -10 Committee of Adjustment Minutes — March 19, 2009 Page 2 b) Application: 2009-A-04 Applicant: Linda Clipsharn and Carol Craig Location: 67 Eight Mile Point Road Proposal: Relief from required setback from the Average High Water Mark of Lake Simcce. Linda Clipsharn was present. CA090319-04 Moved bv * • 111 i It is recommended that the Committee of Adjustment approves Variance Application 2009-A-04 being to construct a 34.0 sq. m. (365 sq. ft) deck, with a 23.3 sq.m. (250 sq. ft) screened porch onto the rear of an existing dwelling, subject to the following conditions: 1. That the size and setbacks of the proposed addition and deck be in conformity with the sketches submitted with the application and approved by the Committee; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation so that: i. The addition including the attached deck be located no closer than 14.8 metres from the average high water mark of Lake Simcce; 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13.; 4. That the applicant meets all requirements set out to them by the Lake Simcce Region Conservation Authority, if applicable. Carried. Committee of Adjustment Minutes — March 19, 2009 Page 3 c) Application: 2009-A-05 Applicant: Ian and Mimi Eng Location: 33 Goss Road Proposal: Relief from the .• -•', Ian Eng was present. CA090319-05 Moved by Aiken, Seconded • Chappell interior side yard setback provision for boathouses. It is recommended that the Committee of Adjustment approves Variance Application 2009-A-05, being to construct a single-storey boathouse which is proposed to have a total area of 31.2 M2 (336 ft), subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision in writing that the proposed boathouse maintain an interior side yard setback of 0.61 metres. 2. That the applicants obtain approval from the Nottawasaga Valley Conservation Authority under the Conservation Authorities Act. 3. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Committee of Adjustment Minutes — March 19, 2009 Page 4 d) Application: 2009-A-05 Applicant: Jason Brearley and Janis Nevison Location: 25 Huronwoods Proposal: Relief from the required interior side yard setback. Alex Kolodziej was present on behalf of the applicant. CA090319-06 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment approves Variance Application 2009-A-05, being to construct a single-storey boathouse which is proposed to have a total area of 31.2 M2 (336 ft), subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision in writing that the proposed boathouse maintain an interior side yard setback of 0.61 metres. 2. That the applicants obtain approval from the Nottawasaga Valley Conservation Authority under the Conservation Authorities Act. 3. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c-P. 13. Carried. Committee of Adjustment Minutes — March 19, 2009 Page 5 e) Application: 2009-A-06 Applicant: Harold Roe and Linda Ambrose Location: 65 Barrie Terrace Proposal: Relief from required front yard setback. The application was withdrawn. CA090319-07 Moved by Aiken, Seconded by Chappell It is recommended that the Committee of Adjustment receives correspondence dated March 17, 2009 from Philippe Lamadeleine, re: Application No.: 2009-A-06, being to withdraw the application. Carried. Committee of Adjustment Minutes — March 19, 2009 Page 6 None. CA090319-08 Moved • Aiken. Seco "g&Ja. It is recommended that we do now adjourn at 10: 18 a.41 Michelle Lynch, Chair Steven Farquharson, Secretary Treasurer Committee of Adjustment Minutes — March 19, 2009 Page 7 Laurie Barron, Executive Assistant Chair: Walter Benotto Tow i of Shelburne Vice Chair: Joan Sutherland Town of New Tecumseth STAFF PRESENT: CAO/Secretary-Treasurer Wayne Wilson Rick Archdekin Town of Wasaga Beach Orville Brown Township of Clearview Chris Carrier Town of Collingwood Mel Coutanche Township of Oro-Medonte Reg Cowan Township of Springwater Director ofEngineering Glenn Switzer Tom Elliott Township of Springwater Sonny Foley Town of Collingwood Ron Henderson Township of Essa Ralph Hough Township of Oro-Medonte Peter Kmet Town of.Innisfil (appointed for Feb 13/09) Doug Little (left at 10: 10 a.m.) Township of Adjala-Tosorontio_ (appointed for Feb 13/09) Rick Milne (left at 10:10 a.m.) Town of New Tecumseth (left at 10:10 a.m.) Brian Mullin Municipality of the Grey Highlands Fred Nix Town of Mono Cal Patterson Town of Wasaga Beach Gerald Poisson- City of Barrie Sue Snider Township of Mulmu�jappointed for Feb 13/09) Ron Simpson Town of Bradford West Gwillimpya_ Robert Walker Township of Clearview Barry Ward Citv of Barrie Percy Way Jownship of Amaranth Bill Van Berkel Town of Innisfil Mary Brett Township of Adjala-Tosorontio John McKean Town of the Blue Mountains Laurie Barron, Executive Assistant Mayor David Guenz|o. Township ofEaeo (arrived at 10:00 a.m.) Dr. Bill 8hutvk. Professor, University of STAFF PRESENT: CAO/Secretary-Treasurer Wayne Wilson Manager of Administration and Human Resources Susan Richards Communications/Public Relations Assistant Kim Garnavvay Director of Land Operations & Stewardship Services Byron Wesson Manager of Stewardship Services Fred Dobbs Director ofPlanning Chris Hibb*rd Director ofEngineering Glenn Switzer Laurie Barron, Executive Assistant PRO �111F 1. CALL TO ORDER Chair Walter Benotto called the meeting to order at 9:00 a.m. RES.#1 MOVED BY: Orville Brown SECONDED BY: Robert Walker RESOLVED THAT: The Agenda for Board of Directors meeting #02/09 dated 13 February, 2009 be adopted. Carried; 3. PECUNIARY INTEREST DECLARATION None Declared 4. MINUTES 4.1 Minutes of the Board of Directors Meeting 11/08, dated 9 January, 2009. RES12 MOVED BY: Robert Walker SECONDED BY: Orville Brown RESOLVED THAT: The Minutes of the Board of Directors Meeting 11/08 dated 9 January, 2009 be approved. Carried; 4.2 Minutes of the Board of Directors Meeting 01/09, dated 9 January, 2009. RES43 MOVED BY: Robert Walker SECONDED BY: Orville Brown RESOLVED THAT: The Minutes of the Board of Directors meeting 01/09 dated 9 January, 2009 be approved. Carried; 4.3 Draft Minutes of the Executive Meeting 02/09, dated 23 January, 2009. RES.#4 MOVED BY: Orville Brown SECONDED BY: Robert Walker RESOLVED THAT: The Draft Minutes of the Executive Meeting 02/09, dated 23 January, 2009 be received. Carried; 5. BUSINESS ARISING FROM MINUTES None noted STAFF REPORTS 6.1 Permits for Ratification RESX5 MOVED BY: Rick Archdekin SECONDED BY: Mel Coutanche RESOLVED THAT: The Permits/Approvals issued by staff for the period December 22, 2008 to February 5, 2009 be approved. Carried; BOARD OF DIRECTORS MINUTES MEETING No: 02-09 13 February, 2009 Page 3 of 8 7. REPORT OF THE MANAGER OF ADMINISTRATION AND HUMAN RESOURCES AND THE COMMUNICATION/PR ASSISTANT • December 2008 • January 2009 RES46 MOVED BY: Mel Coutanche SECONDED BY: Rick Archdekin RESOLVED THAT: The Communications report for the months of December 2008 and January, 2009 be received. LO• = 7.2 Summary of 2008 NVCA Media Coverage RES47 MOVED BY: Ron Simpson SECONDED BY: Reg Cowan RESOLVED THAT: The 2008 NVCA Media Coverage Summary Report be received. Carried; 7.3 BOARD OF DIRECTORS 2009 PER DIEM RATE INCREASE RES48 MOVED BY: Ron Simpson SECONDED BY: Reg Cowan RESOLVED THAT: Staff be directed to seek approval of the Ontario Municipal Board (OMB), pursuant to Section 37 of the Conservation Authorities Act, to apply a cost of living increase to NVCA Board of Directors' per diems of 2.3%, which represents the Ontario Consumer Price Index (CPI) averaged inflation rate from December 2007 to November 2008; and that the increase be retroactive to January 1, 2009. Motion Defeated; 7.4 2009 KILOMETER RATE RES.#9 MOVED BY: Ron Simpson SECONDED BY: Rick Milne RESOVLED THAT: The NVCA kilometer rate for Board of Directors and NVCA staff remain at 520 per km for the first 5,000 kms, and 460 for each additional km, for the year 2009, as per the 2009 Department of Finance Canada kilometer rate. Carried; 8. REPORT OF THE CAOISECRETARY TREASURER 8.1 Financial Report - Statement of Operations Summary for the Period ending 31 December, 2008. RES4110 MOVED BY: Rick Milne SECONDED BY: Ron Simpson RESOLVED THAT: The Statement of Operations Summary for the Period ending 31 December, 2008 be received. •• = 8.2 2009 Budget Deliberation Report Wayne Wilson, CAO/Secretary Treasurer provided an overview of the report and advised that staff have been directed by the Executive to prepare a budget option with a 3 percent levy increase. t1 � j, I I Z 01111 ki 0 1 • Iman RES.#1 I MOVED BY: Rick Milne SECONDED BY: Ron Simpson RESOLVED THAT: The report of the CAO/Secretary-Treasurer titled 2009 Budget deliberation dated February 13, 2009 be received for consideration. Carried; 9. 2009 BUDGET VOTE 9.1 Approval of Non-Matching Levy Resolution: MOVED BY: Rick Milne SECONDED BY: Ron Simpson WHEREAS: THE Non-Matching Levy for the proposed and duly circulated 2009 Budget is $1,633,369.77 ; and, WHEREAS: A quorum of members is present, and each member's vote is weighted according to the individual municipal share of the N.V.C.A. Current Value Assessment; therefore, BE IT RESOLVED: The Non-Matching Levy for the N.V.C.A. 2009 Budget be approved at $1,633,369.77 RES4112 MOVED BY: Rick Archdekin SECONDED BY; Joan Sutherland WHEREAS: THE Non-Matching Levy for the proposed and duly circulated 2009 Budget has been amended to $1,580,992.77 ; and, WHEREAS: A quorum of members is present, and each member's vote is weighted according to the individual municipal share of the N.V.C.A. Current Value Assessment; therefore, BE IT RESOLVED: The Non-Matching Levy for the N.V.C.A. 2009 Budget be approved at $1,580,992.77 Recorded vote IN FAVOUR Chair Walter Benotto Garry Matthews Vice Chair Joan Sutherland Rick Milne Rick Archdekin Brian Mullin Orville Brown Cal Patterson Chris Carrier Gerald Poisson Reg Cowan Ron Simpson Tom Elliott Susan Snider Sonny Foley Robert Walker Peter Kmet Percy Way TOTAL IN FAVOUR: 68.45% ABSENT John McKean AGAINST Mel Coutanche Doug Little Terry Dowdall Fred Nix Ron Henderson Barry Ward Ralph Hough TOTAL AGAINST: 31.55% Carried; F-11 LT, RES.#13 MOVED BY: Rick Milne SECONDED BY; Ron Simpson WHEREAS: THE Non-Matching Levy for the proposed and duly circulated 2009 Budget is $1,580,992.77 ; and, WHEREAS: A quorum of members is present, and each member's vote is weighted according to the individual municipal share of the N.V.C.A. Current Value Assessment; therefore, BE IT RESOLVED: The Non-Matching Levy for the N.V.C.A. 2009 Budget be approved at $1,580,992.77 Recorded vote USIM: Chair Walter Benotto Rick Milne Vice Chair Joan Sutherland Brian Mullin Rick Archdekin Fred Nix Orville Brown Cal Patterson Chris Carrier Gerald Poisson Reg Cowan Ron Simpson Tom Elliott Susan Snider Sonny Foley Robert Walker Peter Kmet Barry Ward Garry Matthews Percy Way TOTAL IN FAVOUR: 77.16% ABSENT John McKean AGAINST -5—ei coutanche Ralph Hough Terry Dowdall Doug Little Ron Henderson TOTAL AGAINST: 21.11% Carried; 9.2 2009 NVCA BUDGET - Approval of Matching Levy: RES.#14 MOVED BY: Reg Cowan SECONDED BY: Robert Walker WHEREAS: The Matching Levy for the proposed and duly circulated 2009 Budget is $183,960.00; and, WHEREAS: A quorum of members is present and each member present represents one vote; therefore BE IT RESOLVED: That The Matching Levy for the N.V.C.A. 2009 Budget be approved at $183,960.00 Carried; . 0 - NIX01 Mill I V *001". 1 110111 lyzll� 9.3 General Budget Approval RES415 MOVED BY: Joan Sutherland SECONDED BY: Rick Archdekin WHEREAS: The associated Matching and Non-Matching Levies totaling $1,764,952.77 have been duly approved by the N.V.C.A. Board of Directors for the NVCA 2009 budget; therefore, BE IT RESOLVED: That Staff and the Executive Committee be directed to implement the revised 3.0% levy increase budget (dated January 24/09 — V1.4) including reserve utilization of $180,747.00 and report budget activity on a quarterly basis to the Board of Directors. The Board of Directors recessed at 10:00 a.m. The Board of Directors reconvened at 10:20 a.m. Carried; 10. IN-CAMERA RES416 MOVED BY: Reg Cowan SECONDED BY: Cal Patterson RESOLVED THAT: This meeting of the Board of Directors 02-09 go "in-Camera," at 10:20 am. to address matters pertaining to: a proposed or pending acquisition/disposition/leasing of land for Authority purposes litigation or potential litigation, including matters before administrative tribunals, affecting the Authority; and, THAT: Mayor David Geurgis, Essa Township and the following NVCA staff be in attendance: Wayne R. Wilson, B.Sc., Chief Administrative Officer /Secretary-Treasurer, Bryon Wesson, Director of Land Operations and Stewardship Services, and Laurie Barron, Executive Assistant/Recorder. Carried; Mayor David Guergis and Essa Board Members, Deputy Mayor Terry Dowdall and Councillor Ron Henderson were asked to leave the "In-Camera" session at 10:45 a.m. OUT OF IN-CAMERA RES.#17 MOVED BY: Reg Cowan SECONDED BY: Cal Patterson RESOLVED THAT: This meeting of the Board of Directors No. 02-09 come out of "in Camera" at 11:27 a.m. Carried; Mayor David Guergis and Essa Board Members, Deputy Mayor Terry Dowdall and Councillor Ron Henderson returned to the regular meeting at 11:28 a.m. � BOARD OF DIRECTORS MINUTES MEETING No' 02-09 13 February, 2009 Page 7 o 8 MOVED BY: Reg Cowan SECONDED BY: Cal Patterson WHEREAS: Esea Township has submitted o proposal io enter into co-ownership with the NVCA to ensure the Townships' capital investment is protected in developing and maintaining the Utopia Conservation Area as a public park over the long term, Subie[tbJ 8 satisfactory co-ownership agreement therefore, - BE IT RESOVILED: That the Board of Directors approves the NVCA Executive recommendation to direct staff to report back and without prejudice, the concept Of co- ownership fOrConServ@bOOArea|8nds. 11' NEW BUSINESS None noted. 12. CORRESPONDENCE (0) Friends OfUtopia GhStnliU dated Dec 29/09 n8: copy of letter sent from the Gristmill Committee to the Deputy yWinisber, Ministry of Culture re: Organ�oUonOave|opnoen1(�ranL Heritage /b\ Conservation Authorities Moraine Coalition dated Jan 1S/USre: copy of letter sent from the Coalition to the Minister OfTransportation me: Recapitalizing the {]@k Ridges Moraine Foundation. (c) NVCA letter sent tothe City ofBarrie, Environmental Centre dated Jan 19/09 re: Elevated levels of Sodium observed in Provincial Groundwater Monitoring Network /PGK4yJ\ Well #VV223-1. kj\ The Town of Shelburne dated Jan 14/09 re: Drinking Water Source Protection — adopts the draft two year time uf travel zones. (e) Email from SVVPLiaison, Conservation Ontario received Jan 23/09re: Ontario Low Water Response Program update. /M The Township ofC|een/ievv dated Jan 21/OSre: GVVP2 year time of travel zone. /Q\ The Town ofCo||ingxvood dated Jan 28/USre: 2OO8-2OO9 Ontario Drinking Water Source Protection Stewardship Program. (h) Township of Oro-Medonte copy of letter sent to Severn Sound Source Protection Authority, dated Jan 28/OSre: request for support, expanded 2OOH-2OU9Ontario Drinking Water Source Protection Stewardship Program ([)DVV8P) /il Fisheries and Oceans Canada dated Jan 12/O9re: 2U09 Class Authorizations for the Maintenance of Municipal (Agricultural) Drains under Section 35(2) of the Fisheries Act. - : 0 -111 • 111V to] !RtivAli'LL111 4 Zk g I g Lem .1 .6 II' . a - : • : Township of Tiny copy of letter sent to the Minister of the Environment (Jan 29/09) with a copy of correspondence from the Tiny Cottager's Association (Jan 16/09) re: Extensive Beach Pollution Arising from the Nottawasaga River. RES.#19 MOVED BY: Fred Nix SECONDED BY: Rick Archdekin RESOLVED THAT: Staff review the request made by the Township of Tiny to form a working group to investigate contaminant loadings from the Nottawasaga River; and FURTHER THAT: Staff prepare a report and recommendation regarding this request to the Executive at the February 27/09 meeting. Carried; RES120 MOVED BY: Reg Cowan SECONDED BY: Ron Simpson RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; GUEST SPEAKER Dr. Bill Shotyk, Professor, University of Heidelberg - Topic: Groundwater Science Dr. Shotyk provided an overview of the research he is doing through the University of Heidelberg regarding the direct environmental impacts of groundwater removal and a summary of bottled water cons with respect to metal contaminants. Dr. Shotyk promoted the Elmvale Water Festival organized by the Elmvale Foundation to provide environmental education in the preservation of this important resource. FUTURE MEETINGS EXECUTIVE COMMITTEE — February 27/09 BOARD OF DIRECTORS — March 13/09 ADJOURN RES1211 MOVED BY: Reg Cowan SECONDED BY: Ron Simpson RESOLVED THAT: This meeting adjourn at 12:00 noon to meet again at the call of the Chair. Carried; Walter Benotto, N.V.C.A. Chair Wayne R. Wilson, CAO/Secretary-Treasurer Dated this day of 2009 BY -LAW NO. 2009 -036 A By -Law to Amend By -Law, 2008 -065, "A By -law of The Corporation of the Township of Oro - Medonte to Provide for the Imposition of Fees or Charges" (Fees and Charges By -law) WHEREAS Part X11 of the Municipal Act, 2001, S.O.2001, c. 25, as amended, permits a municipality to pass by -laws imposing fees or charges on any class of persons, for services or activities provided or done by or on behalf of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and for the use of its property including property under its control; AND WHEREAS Section 391(2) of the Municipal Act, 2001, S.O.2001 c.25, as amended, provides that a municipality may impose a fee or charge for capital costs related to services or activities on persons not receiving an immediate benefit from the services or activities but who will receive a benefit at some later point in time; AND WHEREAS Council of the Township of Oro - Medonte did, on the 28th day of May, 2008, enact By -law No. 2008 -065 to provide for the imposition of fees or charges; AND WHEREAS Council deems it necessary to amend Schedule "J" of By -law No. 2008 -065. NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: That Schedule "J" - Water of By -law No. 2008 -065 be deleted in its entirety and replaced by Appendix "A" - entitled "Schedule J to By -Law No. 2008 -065 - Water" attached hereto and forming part of this by -law; 2. That this by -law shall take effect April 1, 2009. BY -LAW READ A FIRST AND SECOND TIME THIS 25TH DAY OF MARCH, 2009. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009. Mayor, H.S. Hughes Clerk, J. Douglas Irwin SCHEDULE "J"TO BY-LAW NO. 2008-065 �. Definitions For the purpose cd this Schedule: 1.1 "Municipal Water Area" shall mean a subdivision within The Corporation of the Township of(]nu'K8odonba. 1.2 "Municipal Water Systems" shall include all water works established within the present Township ofOn+K8edonbs. and shall further include any present or future extensions bo the water works under any Act or under anagreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors. 1.3 ^Cwner" shall mean the assessed mwner(o)ao identified on the Assessment Roll for taxation purposes during the current year, aeamended. 1.4 "Treasurer" shall mean the Treasurer uf The Corporation of the Township of Om~Medonte. 1.5 ^UniC shall mean en assessed or assessable unit within aresidential, commercial or industrial building, and shall include an apartment located within a single family dwelling which ia serviced by the Township Water System, aa permitted under the applicable Zoning By`|aw. 1.6 "Vacant Lot" means any property not connected boa municipal water system $o which water service kaavailable. 1.7 "Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works ho which the Ontario Building Code Act and its regulations apply. 2. Water Charges, Billing and Collection 2.1 As soon am the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for the owner. The owner will then be charged etthe appropriate water rate, uo per Schedule U'. 2.2 Ad the end of each quarter, the duly authorized employee shall read, or cause hobe read, all meters connected b) the Municipal Water System bu determine the amount cf water used during the quarter. 2.3 The Treasurer shall calculate water charges bobe assessed against each unit and vacant lot ina Municipal Water Area, in accordance with the quarterly charges and rates per cubic meter am set out in Schedule U'. 2.4 The Treasurer shall, for each calendar quarter, issue bills to each unit or vacant lot based on the applicable water charge orrate. Water bills shall be due and payable not less than twenty-one (21) days from the date ofmailing. 2.6 Water payments shall be payable 0n The Corporation of the Township ofOro- Medonte and may be paid during office hours in person or by mail at the Oro- Medonte Administration Office, 148 Line Guuth, Box 100. Oro, On LOL2XO. orot most financial institutions. Water payments made edmfinancial institution shall bo deemed hobn paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable 10 the bank. Cheques only can be dropped a1 the drop boxes located *t the Administration Office and Moonstone Fire Hall. ral SCHEDULE "J" TO BY-LAW NO. 2008-065 — WATER continued... 2.6 The Treasurer shall impose a five (5) percent late charge on all unpaid accounts on the day after the due date. 2.7 If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398(2) of the Municipal Act, 2041, c. 25, as amended 3. Water Rates and Charges 3.1 Consumption Charge Each unit shall be assessed a consumption charge at the rate of $1.90 per cubic meter (M). 3.2 Infrastructure Renewal Charge Each unit and vacant lot shall be assessed on infrastructure renewal charge of $50 per quarter ($200 annually). 3.3 Flat Rate — Non-Metered Units Owners on municipal water systems who do not allow access to their homes for the purpose of the installation or repair of water meters will, after three notices, be charged $300 per quarter ($1,200 annually). 3.4 Flat Rate (a) Horseshoe - Oro Plan 1587 $150 per quarter ($600 annually) (b) Horseshoe - Medonte Plan 1531 M-10, M -11 M-23 $150 per quarter ($600 annually) (c) Pine Ridge Ski Club $900 per quarter ($3,600 annually) 3.5 Other Charges (a) Connection Fee Inspection - $200 (b) Disconnection and Reconnection Charge - $50 each �3 k3 - By-Law No. 2009-039 Being a By-Law to Authorize the Execution of the Ontario Small Waterworks Assistance Program — Part 2 (OSWAP-2) Contribution Agreement Between the Township of Oro-Medonte and Her Majesty The Queen in Right of Ontario as Represented by The Minister of Agriculture, Food and Rural Affairs WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it expedient to enter into the Ontario Small Waterworks Assistance Program — Part 2 (OSWAP-2) Contribution Agreement with Her Majesty The Queen in Right of Ontario as Represented by The Minister of Agriculture, Food and Rural Affairs; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Ontario Small Waterworks Assistance Program — Part 2 (OSWAP-2) Contribution Agreement attached hereto as Schedule "A" and forming part of this By-Law. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 25TH DAY OF MARCH, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Schedule "A" to By-Law No. 2009-039 ONTARIO SMALL WATERWORKS ASSISTANCE PROGRAM PART 2 ("OSWAP-2") CONTRIBUTION AGREEMENT Ministry of Agriculture, Food and Rural Affairs File Number: 3116 THIS AGREEMENT made in triplicate as of the day of 2009. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs (referred to herein as the "Ministry") (referred to herein as the "Recipient") WHEREAS many small communities face unique challenges with the financial sustainability and affordability of Drinking Water Systems; AND WHEREAS the Government of Ontario is investing in Drinking Water Systems in small municipalities or Local Services Boards (LSBs) in Ontario; AND WHEREAS the purpose of OSWAP-2 is to address immediate operating pressures on Drinking Water Systems in municipalities or LSBs in Ontario serving 1,001 to 5000 residents; AND WHEREAS municipalities or LSBs receiving OSWAP-2 funding may apply it to one or more of four focus areas: planning; direct costs associated with the operation of Drinking Water Systems; regulatory compliance; or retaining expertise to improve Drinking Water Systems; AND WHEREAS municipalities or LSBs receiving OSWAP-2 funding may not apply it to capital costs to construct or to improve Drinking Water Systems; AND WHEREAS municipalities or LSBs receiving OSWAP-2 funding must undertake one or more specified project(s) for improving system management and operations; AND WHEREAS this Agreement establishes the terms and conditions applicable to OSWAP-2 funding; NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: Affix Corporate Seal 0SWAP-2 Contribution Agreement This Agreement, including: Schedule "A" - General Terms and Conditions Schedule "B" - Operational Overview and Budget Schedule "C" - Eligible & Ineligible Costs Schedule "D" - Additional Provisions Schedule "E" - Report constitutes the entire agreement between the parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. IN WITNESS WHEREOF, the Ministry and the Recipient have respectively executed and delivered this Agreement on the date set out above. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs by: Name: The Honourable Leona Dombrowsky Date Title: Minister of Agriculture, Food and Rural Affairs --TAE- by: Name: Harry S. Hughes Date Title: Mayor Name: Doug Irwin Date Title: Director of Corporate Services/Clerk I/we have authority to bind the Recipient K i x-1 , OSWAP-2 Contribution Agreement 10 � 1 .1 2*4 JA &IFO 0 11 SECTION 1 1.1 Definitions. When used in this Agreement, including the cover and execution pages and all of the schedules, the following terms shall have the meanings ascribed to them below unless the subject matter or context is inconsistent therewith: "Adjust the Financial Assistance" means an increase, reduction or termination of the amount of the Financial Assistance for the Operational Priority of the Recipient under the OSWAP-2 Program, or any other provincial program(s) or initiative(s), either current or future, as the Ministry may determine and which may require repayment by the Recipient of some or all of the Financial Assistance in an amount to be determined by the Ministry and within a period specified by the Ministry, and "Adjustments to the Financial Assistance" shall have a similar meaning. "Agreement" means this agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. "Applicable Laws" means applicable federal, provincial and municipal laws, all rules, regulations, by-laws, notices, orders and approvals. "Budget" means the budget set out in Schedule "B of this Agreement. "Business Day" means any day on which Government of Ontario offices generally are open for business in the Province of Ontario. "Consultant" means any consultant, engineer, contractor or other provider of goods or services, as the case may be, retained or selected by the Recipient in relation to the Operational Priority. "Contract" means a contract between a Recipient and a third party at arm's length whereby the latter agrees to provide a product or service in relation to the Operational Priority. "Documentation" includes but is not limited to invoices, receipts, timesheets, quotations, estimates, work authorizations, payroll records, tenders, proposals, payment certificates, correspondence, memoranda, contracts, amendments thereto and other records of costs, expenses and activities related to the Operational Priority. "Drinking Water System" means one or more publicly owned, residential drinking water systems, as the Ministry may determine. "Eligible Cost" means those costs so described in Schedule "C" of this Agreement. "End of Financial Assistance Date" means March 31, 2012. 3 -,0 OSW0P-2 Contribution Agreement "Event of Default" has the meaning given toitiD Section 14.1Of Schedule ^A"Ofthis Agreement. "Expiration Date" means March 31`2O13. "Financial Assistance" means the funds provided by the Ministry 1Othe Recipient pursuant tO this Agreement. ' "Fiscal Year" means the fiscal year Of the Recipient. "Generally Accepted Accounting Principles" means Canadian Generally Accepted Accounting Principles as adopted by the Canadian Institute of Chartered Accountants. "Government of Ontario" means Her Majesty th8QUeeDiORightOf[}Dt8[io. "Indemnified Parties" means Her Majesty the (]UegD in Right of Ontario, Her yWiDiStHrS' appointees, dirSCtO[S' officers, employees and agents. "Ineligible Costs" means those costs so described in Schedule "C" of this Agreement. "Maximum Financial Assistance" means the utmost amount of Financial Assistance provided by the Ministry to the FlSCipi8Ot during the Term of this /\ur8eDl8Dt, SUhieCt to any Adjustments to the Financial Assistance. "Mimiskry^ [De8DS the K8|Oi81ry of Agriculture, Food and Rural Affairs or such Other MiAiStry as may b8 responsible for the operation and administration Of[)SVVAP-2. "Operational Priority" means the purposes to which the Recipient shall apply the Financial Assistance oS described iD Schedule ^B"hereto. "OSWAp-2^ means the Ontario Small Waterworks Assistance Program Part 2. ^Recipient" has the meaning given &DitOn the cover page Of this Agreement. ^Report" has the meaning given tOiiiO Section O.1Of Schedule "A"Vf this Agreement. "Term" has the meaning given toii in Section 2.1 Uf Schedule "A"Of this Agreement. 1,2 Herein, etc. The words "h9r8in".^her8Of'8Od''h8[8und8r"and other words Ofsimilar import refer to this Agreement as a whole and not to any particular schedule, article, section, paragraph O[ other subdivision Of this Agreement. The words" iDdUde". "{DC|ud8S" and "iDC|UdiDg" shall not denote 8O exhaustive list. 1.3 Currency. Any reference tO currency iStO Canadian currency and any amount advanced, paid O[ calculated iStOb8 advanced, paid OF calculated in Canadian currency. 1.4 Statutes. Any reference tD8 statute iStOsuch statute and to the [8gu|8UOOS made pUCGU8Ot tO such statute @S such statute and regulations may 8t any time be amended O[ modified and in effect and to any statute or regulations that may be passed that have the 4 0SWAP-2 Contribution Agreement effect of supplementing or superseding such statute or regulations. 1.5 Gender, singular, etc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. 1.6 Ministry Approvals. Any reference to, or requirement for, the approval of the Ministry in this Agreement or in any schedule hereto shall be deemed to require the prior and express written approval of the Ministry. SECTION 2 TERM OF AGREEMENT 2.1 Term. Subject to any extension or termination of this Agreement and the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including the Expiration Date. 2.2 End of Financial Assistance Date. Notwithstanding anything in this Agreement, the Ministry shall not be obligated to provide Financial Assistance pursuant to this Agreement after the End of Financial Assistance Date. SECTION 3 ELIGIBLE COSTS 3.1 Eligible Costs. The Recipient shall use the Financial Assistance for costs and expenses related to the Operational Priority in accordance with Schedule "B" and Schedule "C", unless otherwise expressly approved in writing by the Ministry. 3.2 Discretion of Ministry. Subject to Section 3.1 of Schedule "A", the Ministry may determine in its sole discretion whether the Recipient may use the Financial Assistance for any cost or expense not listed in Schedule "B" or Schedule "C" to this Agreement. In the event that the Recipient seeks approval from the Ministry for the use of Financial Assistance for any cost or expense not listed in Schedule "B" or Schedule "C" to this Agreement, the Recipient shall submit a written request to the Ministry with its Report and in advance of any such use of the Financial Assistance. 3.3 Retention of Receipts. The Recipient shall retain all Documentation, related to the Operational Priority and the Recipient shall maintain and make available to the Ministry upon the Ministry's request such Documentation for audit or such other purposes as the Ministry may require for a period of six years from the conclusion of the term of this Agreement. 3.4 Ineligible Costs. Notwithstanding any other provision of this Agreement, the Recipient shall not use the Financial Assistance for any purpose that is specifically excluded from the Operational Priority in accordance with Schedule "B" or is ineligible for Financial Assistance pursuant to Schedule "C" of this Agreement ("Ineligible Costs"). 3.5 Clarification. For clarity, the Recipient hereby expressly acknowledges and agrees that the inclusion of a cost or expense in Schedule "B" does not necessarily mean that such 5 OSWAP-2 Contribution Agreement cost or expense is an Eligible Cost. Where there is a conflict between the Schedule "B", s Section 3 (Eligible Costs) and Schedule "C", the provisions of this Section 3 (Eligible Costs) shall prevail. SECTION 4 FINANCIAL ASSISTANCE 4.1 Payment & Use of Financial Assistance. Subject to the terms and conditions of this Agreement, the Ministry shall provide Financial Assistance on an annual basis for the Term of this Agreement to the Recipient in the amounts set out in Schedule "B". The Recipient shall use the Financial Assistance that it receives in a Fiscal Year in that Fiscal Year. In the event that the Recipient does not use all of the Financial Assistance that the Recipient receives in a Fiscal Year, the Recipient may request in writing from the Ministry as part of the Recipient's Report approval to use the Financial Assistance in the next Fiscal Year, provided that all Financial Assistance shall be used by December 31, 2012. 4.2 Funds advanced. The Financial Assistance, including all interest earned thereon, shall be deemed to be the property of the Ministry. The Recipient shall hold the Financial Assistance in trust for the Ministry in an interest bearing account pending payment of Eligible Costs during a Fiscal Year. The Recipient shall use any interest accruing on the r 'inancial Assistance for Eligible Costs and such interest shall be added to and deemed to be part of the Maximum Financial Assistance. 4.3 Maximum Financial Assistance. In any event, the Ministry shall not provide Financial Assistance to the Recipient that is greater than the sum of all Financial Assistance as set out in Schedule "B" hereto, inclusive of interest accrued in accordance with Section 4.2 of Schedule "A". 4.4 Notice to the Ministry. The Recipient shall immediately notify the Ministry if the Recipient becomes aware of information, errors, omissions or other circumstances that affect the Operational Priority or the Financial Assistance. 4.5 Reduction or Termination of Financial Assistance. The Ministry may reduce or terminate the Financial Assistance where, in the Ministry's sole discretion: (a) the Recipient's actual costs for the Drinking Water System in any Fiscal Year of the Term of the Agreement are less than the Financial Assistance that the Ministry provides for that Fiscal Year; (b) the Recipient notifies the Ministry that the Recipient does not intend to carry out, perform or achieve the Operational Priority in whole or in part as specified in Schedule "B"; or (c) new information, errors, omissions or other circumstances affect the Operational Priority or Financial Assistance. 4.6 Withholding payment Regardless of any other remedy available to the Ministry, the Ministry may, in its sole discretion, withhold any payment of Financial Assistance where 6 0SWAP-2 Contribution Agreement the Recipient is in default of any provisions of this Agreement or any Applicable Laws, including but not limited to the Recipient's obligation to provide any Report or other information to the Ministry. 4'7 Insufficient funds provided by the Legislature. Despite the preceding poragraphS and pursuant b]the provisions Ofthe Financial Administration Act, R.S.O. 1890, C. F.12, 8S amended, if the Ministry does not receive the necessary appropriation from the [}Dt@riO Legislature for any payment the Ministry is obligated to make under the Agreement, the Ministry shall not b8 obligated tO make the payment. SECTION 5 USE OF FINANCIAL ASSISTANCE 5.1 Recipient fully responsible. The Recipient shaUbefoUvregponoibkaforundertakinA. implementing and completing the Operational Priority as described in Schedule "B". Where the Operational Priority is dependent On Consultants, the Recipient shall b8fully responsible for obtaining any contracts, guarantees, security Or other assurances that it may require from any Consultant iD relation b} the Operational Priority. 5'2 Ministry not responsible for implementation. The Ministry shall not be responsible in any way whatsoever for undertaking, implementing or completing the Operational Priority, the operation of the Drinking Water System or the provision of drinking water. �.� Ministry not responsible for costs, etc' The Ministry shall not be responsible for any claims, proceedings or judgments arising from any matter in relation to the Drinking Water System, Operational Priority or the provision of Financial Assistance to the Recipient. 5'4 Behaviour of Recipient The Recipient shall carry out the Operational Priority in8n economical and businesslike manner, with appropriate due diligence, in accordance with this Agreement and in particular, but without |iOlit8tiOO' in accordance with Schedule ''B". 5,5 Policies. The Ministry may from time [Otime establish and, upon receipt ofnotice, the Recipient shall comply with policies and processes with respect to OSWAP-2, including but not limited to the use OfFinancial Assistance. 5.6 Competitive pmmcess' The Recipient shall acquire all goods and services required for the Operational Priority through transparent, competitive processes that promote the best value for money. 5.7 Trade Agreements. K the Recipient iS subject 0Dany provincial or federal trade agreements tOwhich the Government OfOntario is @ party, the Recipient shall cODlpk/ with the @pp|iC8b|8 requirements of such [F8d8 @gr88nl8DtS. In particular, and without limitation, if the Recipient iSsubject tV Annex 50240f the Agreement On Internal Trade, the Recipient ShGU comply with all of the applicable PBqViF8DleOt3 Of that Annex. In the event of any C0DOiCt b81mxeeD the requirements Of Sections 5.6 Of Schedule "A" of this Agreement and the requirements of this Section 5.7' the requirements in this Section 5.7 shall prevail. 7 O3WAP-2 Contribution Agreement 5.8 Contracts. In entering into any Contract in Rakatk]D to the (]per8bOD8| Priority, the Recipient shall: 3\ ensure that terms and conditions are consistent, and dO not conflict, with this Agreement; b) incorporate relevant provisions of this Agreement; C) conform to all policies and procedures issued by the Ministry for the OSWAP-2 d) subject to SeCUUD 5.5' 5.0 and 5.7 of Schedule "A" of this Aor88n0SOt award and manage Contracts in 8 way that i0 traOSp8n3rt. competitive and consistent with value for money principles e) require that the parties thereto comply with all Applicable Laws; and fl authorize the Ministry b] gather data, perform audits and monitor the Operational Priority aS the Ministry iD its sole discretion may determine. 3 1111 L, Lem N apilul RA . 6.1 Reports. The Recipient shall submit 8 Report in the form set out iD Schedule ^E"Cr such other form as the Ministry may require, together with all supporting Documentation, for the K4iDiStn/G approval, C0St review and audit OO or before Ulidv days fO||OvviOg the end of the Fiscal Year iD which the Ministry provides Financial Assistance tOthe Recipient or such later date as the Ministry may in writing D||Ow. The Report shall include: (8) A description O| the Eligible Costs related b] the Operational Priority; /b\ on explanation and accounting Of any Financial Assistance that was not expended iD the Fiscal Year for which the Financial Assistance was provided; (C) details of any changes iO the Operational Priority anticipated iDthe upcoming Fiscal Year; and (d) such further information as the Ministry may from time to time advise. ' 6.2 Additional Reports. Notwithstanding Section 8.1(R8pOrtS)'the Recipient shall submit, upon request by the Ministry, any additional Documentation or report that the Ministry may require from time to time. SECTION 7 RECORDS AND AUDIT 7.1 Separate yecords. The Recipient Sh8U Dl@iO[8in separate rRCO[dS for the Operational Priority and keep all records and Documentation for six (6) years from the end of the Term of this Agreement. Upon the Ministry's request, the Recipient shall submit to the DSWAP-2 Contribution Agreement Ministry all records and Documentation relating to the Operational Priority. The Recipient shall maintain all records and Documentation in accordance with good business practices including but not limited to Generally Accepted Accounting Principl as applicable. I 7.2 Provide records to Ministry. The Recipient shall provide to the MiDistryUpoOreqUest and at the Recipient's expense (including but not limited to photocopying, 8|eCtnoDiC media, transportation and postage, associated staff time, information retrieval and other office expenses), all records and Documentation of the Recipient and its Consultants relating to the (]per@dUn8| Priority or the 0SVVAP-2 Program, O[ any other provincial program(s), BG may be required by the Ministry. The Recipient shall provide such material to the Ministry and other ministries of the Government OfOntario as may be requested from time to time, all in @ fD[Dl and manner satisfactory 03the Ministry and other ministries of the Government OfOntario, as applicable. 7.3 External auditor. The Ministry may require the assistance of an external auditor to carry out an audit Ofrecords and [}UCuOl8DtaUOn referred to in Sections 7.1 and 7.2 Of Schedule "A" of this Ao[88[D8nt. If so, the Recipient Sha|{' Up0O the Ministry's request, retain an eX1erO@| auditor acceptable to the Ministry. If the Ministry P8@SQOab|y believes that a Report or the Documentation contains material inaccuracies, then the eXte[D@| auditor shall be retained at the Recipient's SV|e expense. Otherwise, in the Ministry's SO|e discretion, the Ministry and the Recipient may share the DD3t of the e»tS[n8| auditor. The Recipient shall require any auditor who conducts an audit pursuant to this section of /. the Agp8GDleOt Or otherwise t0 provide a copy of the audit report to the Ministry for its ' consideration 8t the same time that the audit report is given tO the Recipient. 7'4 Review. The Recipient shall allow the Ministry, �its agents and employees and the Ontario Provincial Auditor's Office access to the Recipient's staff and entry to the R8Cipi8OyS premises 8t@/| r88SODab|e hDnRG k3: (i) inspect or review anything F8i8t8d to the Operational Priority; Or/ii\ perform any cost review, audit Vr assessment Ofthe C)per8UOO8| Priority aSthe Ministry may require. 7.5 Information condition precedent yor payment. The Ministry may, in its sole diSC[8tiOO' require the Recipient to comply with any requirement of this Section 7 (Records and Audit) as a condition precedent to any payment in relation to the Operational Priority or any other Operational Priority(ies) of the Recipient under the {}SWAP-2 P[Ogn8Dl. Or any other provincial pn}gm8rD(s) either current or future, and if the Recipient fails to comply with any requirement Ofthis Section 7 /ReCO[dS and Audit), notwithstanding any other provision of this Agreement, the Ministry [n8y, in its SO|O discretion, reduce or terminate the FjO8DCi8/ ASSiSi8OCe for the C}pC[aUoDa| Priority. SECTION 8 OVERPAYMENT 8'1 Repayment of Financial Assistance. The Recipient shall repay to the Ministry, upon F8CSiot of vV[itt8O dSrD@Od and within G period Sp8ChiSd by the K4iDiotn/' that DOdk}O Of Financial Assistance that: (8) exceeds the Maximum Financial Assistance, as the Ministry may determine; 9 \ & OSWAP-2 Contribution Agreement (h) is used for purpose other than that stated in or 8|k]vv8d by the t8rnlS of this Agreement; or m () � r� �� M� earlier of December 31 of the year following the Fiscal Year in which the Financial Assistance is provided or December 31, 2012; Any F|OaOda| Assistance paid by the Ministry tothe Recipient shall not be construed as a DD8| deb)rniDabOO of the Maximum FiO@n[j@| Assistance uDb| the Ministry has received and approved the Recipient's Final Report. 8.2 Deduction of overpayment The Ministry may deduct any overpayment OfFinancial Assistance in8 Fiscal Year pursuant h3 Section 8.1Of Schedule "8" from any Financial Assistance payable in8 subsequent Fiscal Year OrOn any other Operational Priority Of the Recipient under the (]SWAP-2 PnDQngrn or any other pn}viOd8| program(s) either current or future. Any overpayment made by the Ministry Or any other ministry of the Government of Ontario under the (}SWAP-2 Program 0r any other provincial pn}g[8rn(S) either current or future may in tVFD be deducted from any FiD3OCi8| Assistance payable for the Operational Priority. 8.3 Interest mmoverpayment. The Ministry reserves the right k] demand interest onany Ove[p8yrOpOt of Financial A@Si9i@DC8 owing by the Recipient under the t8[DlG of this Agreement 3Lthe then current interest rate charged by the Government Of Ontario On accounts receivable. The Recipient shall pay the amount O[ interest owing upon receipt Of8 written demand and within the period specified by the Ministry. SECTION 9 INSURANCE 9.1 Insurance. The Recipient represents and warrants that ithas, and shall maintain in full force and effect for the term of the Agreement, at its own cost and expense, with insurers having 8 secure A.yW. Best rating OfB+Or greater, Or the equivalent, all the necessary and appropriate insurance that 8 prudent person carrying out a project Sinli|8rtQDle Project would rn8iOt3iD. including COD1019rCi8| general liability insurance OD an OCCU[m8nC8 basis for third party bodily injury, pmrSOn@| injury and property damage, to an inclusive limit Ofnot |eSS than two [Di||i0n dollars ($2.000.000.00) per occurrence. The commercial general liability insurance policy shall include the following: (i) the Indemnified Parties 88 additional insureds with respect k]liability arising iD the course of performance Of the Recipient's obligations under, or otherwise in connection with, the Agreement; (ii) 8 CrOS8 liability clause; (iii) contractual liability coverage; and (vii) a3O day written notice Of cancellation, termination Or material change. 10 OSNAP-2 Contribution Agreement 9.2 Certificates ofInsurance. The Recipient shall provide the Ministry with certificates Of insurance, or other proof as may be requested by the Ministry, that confirms the inSUn8DcG coverage as provided for iD Section 9.1. Upon the request Ofthe Ministry, the Recipient shall [DGkg available to the Ministry copy Vfeach iDsU[@DC8 policy. 10.1 Ministry not liable. In no event shall the Ministry be liable for: 8\ any bodily injury, death Or property damage 0]the Recipient, its emp , agents, or Consultants or for any claim, demand 0action by any third party against the Recipient, its employees, agents, O[ Consultants, arising out OfOrin any way related to this Agreement or the Operational Priority; nor b\ any incidental, indirect, special O[ consequential damages, or any loss of use, revenue or profit b]the Recipient, its employees, agentS,0rCoOSVhantSahSiOg out of or in any way related to this Agreement or the Operational Priority. 10.2 Recipient to indemnify. The Recipient agrees to indemnify and hold harmless Her Majesty the Queen in right of Ontario, Her appointees, directors, OffiCBrs. enOp|OyS8S and agents from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses (including, without limitation, reasonable legal expenses) and for any and all liability for damages tO property and injury b]penSOOS(inC|UdiDg death) which Her Majesty the (]ue8O in Right OfOntario, Her appointees, di[8{tO[S' officers, employees and agents may incur, otherwise than by reason of their own negligence or wilful rnisCODdUCt' as 8 result OfO[arising out of or in rS|8bOD to: (@) the performance Vf this Agreement o[ any breach Ofthe terms Uf this Agreement bythe ReCipieDt, its offic9rS. servants, 8Dnp{OyS8S, agents and CODSU|t8D1s, O[bya third party, and any of its officers, employees, servants or agents; (b) the OOgOiOQ provision, operation, [n8int8O@DC8 and repair Ofthe Recipient's Drinking Water System; or (C) any OnDiSSiOD O[ other wilful or negligent act of the Recipient, 8 third party, Or their P3Sp8Ctime e0p/OyS8S. OffiCenS. servants or agents. 10.3 Further Indemnity. The Recipient further agrees to indemnify and hold harmless Her Majesty the (]UeeD in right OfC)ntahO, Her appointees, dir8CtD[S. OffiQenS' employees and agents, for any incidental, indirect, special or consequential damages, or any loss of use, revenue 0[ profit, which Her Majesty th8C}U88OiR[ightOf{}Dt8ho.He[appOiDtee3. directors, officers, employees and agents may incur, otherwise than by reason of their own negligence or wilful [DisCOOdUCt. as @ result of or arising out of or in relation to: (8) the performance Of this Agreement Or any breach Cf the terms Of this Agreement bythe Recipient, its officers, 88rVBntS, 9[Dp|OyeeS and agents, Q[by8 third party, and any of its officers, employees, servants O[ agents; (b) the ongoing provision, operation, maintenance and repair Ofthe Recipient's Drinking Water System; Or (C) any O[OiSSiOO O[ other wilful or negligent act of the Recipient, 8 third party, their R}SpGCtiv8 e[np|Oy88S. OffiC8[S. SOrv8OtS or agents. 11 V-� 1% OSWAP-2 Contribution Agreement SECTION 11 CONFLICT • INTEREST AND CONFIDENTIALITI 11.1 No conflict of interest. The Recipient and its Consultants and any of their respective advisors, partners, directors, officers, employees, agents and volunteers shall not engage in any activity or provide any services where such activity or the provision of such services creates a conflict of interest (actually or potentially in the sole opinion of the Ministry) with the provision of services under this Agreement. The Recipient acknowledges and agrees that it shall be a conflict of interest for the Recipient, its Consultants and any of their respective advisors, partners, directors, officers, employees, agents and volunteers to use confidential information of Her Majesty the Queen in right of Ontario that is relevant to the Operational Priority or otherwise where the Ministry has not expressly authorized such use in writing. For greater certainty, and without limiting the generality of the foregoing, a conflict of interest includes a situation where anyone associated with the Recipient is able to benefit financially from the Operational Priority or where such a person owns or has an interest in an organization that is carrying out work related to the Operational Priority. 11.2 Disclose potential conflict of interest. The Recipient shall disclose to the Ministry without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. 11.3 Freedom of Information and Protection of Privacy Act. The Recipient I . . acknowledges that the Ministry is bound by the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended. SECTION 12 COMMUNICATION AND RECOGNITION 12.1 Acknowledge the support of the Ministry. The Recipients shall acknowledge the support of the Ministry and OSWAP-2 in such form as the Ministry may approve. 12.2 OSWAP-2 may publicize information. The Recipient acknowledges and agrees that the Ministry may publicize information regarding OSWAP-2 and the Recipient, including but not limited to the Recipient's name, description of the Recipient's Operational Priority and total amount of Financial Assistance. 12.3 Recipients views do not necessarily represent those of the Ministry. The Recipients shall indicate in any acknowledgement pursuant to Section 12.1 of Schedule "A" that the views expressed therein are the views of the Recipients and do not necessarily reflect those of the Ministry or OSWAP-2. SECTION 13 COVENANTS, REPRESENTATIONS AND WARRANTIES 13.1 Covenants, representations and warranties. The Recipient covenants, represents and warrants to the Ministry, and acknowledges and agrees that the Ministry relies on the Recipient's covenants, representations and warranties contained herein in entering M /�3 \ OSNAP-2 Contribution Agreement into this Agreement and providing Financial Assistance' that: 8\ It has authority and any necessary approval ho enter into this Agreement and tOcarry out its terms; . b) it validly exists oS8 legal entity with full power toperform and observe all Of the terms and conditions Of this AoRa8rn8nt Agreement; c\ where applicable, b has passed any by-laws Or resolutions required to undertake the Operational Priority; d\ it has the experience and ability 10 carry out the Operational Priority; e) other than the Financial Assistance being provided pursuant to this Agreement, the Recipient has not and will not use any funds received from Her Majesty theC)ueenin Right Vf Ontario Ora Crown Agency towards any aspect Of the Operational Priority; 0 all information provided in the Recipient's Expression [f Interest ieand remains true, correct and COOlp|gte in every respect; and 0\ it pnOVid8S its residential Drinking VVaterSvstenn(S) to a total population of 1.001 to 5000 residents. 13'2 Representations and warranties true condition precedent @mr payment. Uponthe Ministry's request, the Recipient shall provide the Ministry with proof of the covenants, representations and warranties referred toin this Section 13Covenants, Representations and Warranties. Uiee condition precedent to any payment under this Agreement that the covenants, representations and warranties under Section 13.1 of Schedule "A" are true and correct at the time of any payment of Financial Assistance and that the Recipient is not in default any terms or conditions of this Agreement. VVhena the Recipient's covenants, representations and warranties are not true and correct, the Ministry rnay, in its sole diSCn8tiOn, reduce or terminate the Financial Assistance for the Operational Priority. 13 0SNAf-2 Contribution Agreement SECTION 14 DEFAULT, ENFORCEMENT AND TERMINATION 14.1 Event ofDefault. Each and every one Of the following events i88D "Event OfD8f8Ub": a) if in the opinion of the Ministry, the Recipient fails to comply with any term or condition contained in this Agreement; b) if in the opinion of the K8iOietn/ any cOv8O8D[. rep[8SeDt@bOO or warranty made by the Recipient in this Agreement iS materially untrue iD any respect; c\ if an order U[ resolution iS made O[ passed for the winding up, liquidation or dissolution Qf the Recipient Or the Recipient is otherwise dissolved or ceases to carry on operations; d\ if the Recipient uses any Of the Financial Assistance for 8 purpose not authorized bv this Agreement, without the prior written consent of the Ministry; e\ if the Recipient admits inwriting its inability tO pay its debts generally 8S they become due, voluntarily suspends transactions of its usual business, becomes insolvent, bankrupt, makes an assignment for the benefit of its creditors, or a receiver or manager, court appointed or otherwise, is appointed for its assets or if the Recipient takes the benefit of any statute from time to time in h]K}e Fe|8bDg to bankrupts or insolvent debtors; f) ifiDthe opinion of the MiOistry8materia|adverse change occurs such that the viability of the Recipient as a going concern is threatened; g\ ifkl the opinion Of the Ministry, the Recipient ceases b}own, provide or operate 8 Drinking Water System; h\ if the Recipient is in default in carrying out any of the te[DlS. COOdhk]DS or obligations of this Agreement, except where such failure is due to causes which, in the SO|8 di3CrSUQD of the K8ini61ry, are beyond the CODtn]| of the Recipient; i) if the Recipient has submitted false O[ misleading information O[a false O[ misleading Report to the Ministry; U if the Recipient and/or any Of its Consultants and/or any Of their respective 8dViSO[S, partners, directors, officers, employees, agents and volunteers has breached the requirements of Section 11 (COOOiC[ Of Interest and Confidentiality) of Schedule "A"; or; 14.2 Waiver. The Ministry may, at any time, waive any Event Of Default provided that DV such waiver shall extend to, O[b9 taken iO any manner whatsoever b} affect, any subsequent Event of Default or the Ministry's right to remedies r83U|UOg Ule[efD][O, and that no such waiver shall be, or shall be deemed to constitute, a waiver of such Event of Default unless such waiver iS iD writing from the Ministry. 14 �' � W��8� '� D3N/AP-2 Contribution Agreement 14'3 Remedies on default Notwithstanding any other rights which the Ministry may have under this Agreement O[8[ law, if8O Event 0f Default has occurred, the Ministry shall have the fO|lQvviDg remedies, provided only that in the C8Sg of an Event Of [)Gf8U|t vvhich, in the OpiD|OD of the Ministry in its sO|8 d|sC[ebOU' is curable, the Ministry has first given written notice of the Event Of Default tO the Recipient and the Recipient has failed to cO[PSCt the Event of Default within 30 days or such |OOg8r period of time as the Ministry may consent k}iDwriting: a\ the Ministry shall have no further obligation to provide any Financial Assistance; b\ the Ministry may, at its option, termiOateUlisAoreementimmediately and may, in its SQ|8 discretion, reduce or terminate the Financial Assistance. The Recipient Sh@U immediately pay h]the Ministry any Financial ASSiSt@DCe that the Recipient has received from the Ministry but has not expended as of the date of termination together with interest on the FiUgDCi8| AsSiSt8DC8 at the then-current interest rate charged by the Government OfOntario OO accounts r8CeiV8b|8 from the date that the Ministry paid the Financial Assistance to the Recipient for the FiSC@| Year in which termination VCcU[S to the date Oftermination; and cJ the N8Oistn/ may avail itself Ofany other legal 14,4 Additional remedies. In addition to the remedies described in Section 14.3 of Schedule "A", the Ministry may commence any legal action or proceeding without any additional notice under this Agreement. The rights and remedies Of the Ministry hereunder are cumulative and in addition to, and not in substitution for, all other rights O[remedies otherwise available tOthe Ministry. 14.5 Termination without cause. Notwithstanding anything other provision contained herein, the Ministry reserves the right to terminate this Agreement without cause upon such CODdiUOnS as the Ministry may require, with 8 [niDirDVrn of thirty (30) days written notice to the Recipient. If the Ministry terminates this Agreement prior to its 8xpin@doO' the K8iDiSt[y. 3VbieC1 to all of the Ministry's rights under this Agr88rn8O1' including, without limitation, the Ministry's right to make AchUstrneOƒS to the Financial Assistance prior to its expiration, shall only be responsible for the payment OfFinancial ASSiSt8DD8 in the then current Fiscal Year. SECTION 15 NOTICE 15.1 Notice. Any demand, notice nF communication k]bH made O[ given hereunder shall be in writing and may be made or given by personal delivery or mailed by first class registered [n8i|, postage prepaid or by [[8OSnOitt8| by facsimile, tS|8DOpy. eDn8i| or other electronic means of communication addressed to the respective parties as follows at the 8dd[8SS8S Set out in Schedule ^O" attached hereto or to such other person, 8ddn8SS, facsimile number, i8|8COpy number 0[ email address @S either party may from time b3 time notify the other iD accordance with this Section. Any demand, notice Or communication made or given by personal delivery shall be conclusively deemed to have been given OO the day Of actual delivery thereof. Any demand, notice Or C00[nUnic8dOD made or given by facsimile, 8nl8i| Or other electronic means of 15 (-S to I —� OSNAP-2 Contribution Agreement communication, if made or given at a time when it would be received by the recipient during its normal business hours 0Ua Business Day, shall b8 deemed hJb8 received ad the time itiSsent; CVheDw|Se' such electronic CQOln0UniC@b U ODSh�bedeS0edt0be received OD the first Business Day following the transmittal thereof. Any demand, notice or communication mailed by registered mail shall be deemed to have been received on the third BUSiOeSS Day following the day OD which it was mailed. 15.2 Representatives. The individuals identified pursuant to 8eCUDD 15.1 above will, in the first instance, act 8S the Ministry's O[ the Recipient's representative, 8s the case may be, for the purpose of this Agreement. 16.1 Contribution- This Agreement is a contract for financial assistance only and nothing iO iiO[ done pursuant k} it, shall be construed as, constitute 0[ deem the Recipient b]be the Ministry's 8g8Dt. 80p|OyH8, partner or joint venturer. SECTION 17 MISCELLANEOUS 17.1 Terms binding. The Recipient shall take all reasonable measures tO ensure that its officers, directors, partners, employees, agents and Consultants shall b8 bound tV ObSen/8 all of the ban0S and DDndidOOS of this Agreement, including, but not limited to a|| covenants, representations and warranties set out herein. 17.2 Time of the essence. |n the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as 8 waiver Ofthis provision. The Ministry Sh8|| not be liable for any liquidated damages 8S8 result Of working days extensions. 17'3 Successors and assigns. This Agreement shall endure bz the benefit Of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 17.4 No waiver. The tgi|up8 by the Ministry to insist in one or more instances OD pedb[rDaD0e by the Recipient Of any Df the terms Dr conditions Df this Agreement shall not be construed as a waiver of the Ministry's right to require further performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue iO full force and effect. 17'5 Division of Agreement The division of this Agreement into schedules, ar1ic|ea. sections, clauses, paragraphs and the insertion of headings are for the convenience of reference only and shall not affect the construction Or interpretation Of this Agreement. 17.6 Governing law. This Agreement shall b8 governed by and construed iOaccordance with the |8wS of the PnOv/DCe of Ontario and the |8vvS Of Canada 3pp|iC8b|G in [}D18riO. Em. � � V� ~ ~^ �) u �� DSNAP-2 Contribution Agreement 17.7 Survival. The following schedules, sections and provisions Of this Agreement shall survive the 8Xpi[3tiOD O[ early termination hereof: Sections 4.2, 4.4 and 4.5 (Financial ASSist8OCe)' Section 8(Reporting ReqVireFOeDtS), Section 7 (Records and AUdiO. Section 8(Ov8rpayDlgDi). Section 1O(|DdeDlDitv)' Section 11 (Conflict 0f Interest and Confidentiality), Section 12 (Communication and Recognition), Section 13 (Covenants, Representations and Warranties) and Section 14 (Default, Enforcement and Termination) Of Schedule "A" 17.8 No assignment This Agreement shall not b8 assigned bvthe Recipient. The Ministry may assign this Agreement on written notice to the Recipient. 17.9 No amendment. This Agreement shall not be varied Oramended except by agreement in writing, dated and signed on behalf of the Ministry and the Recipient. 17.10 Consultants. The Ministry acknowledges that, iO connection with carrying OUtthe Operational Priority, the Recipient may engage one 0[more Consultants, employees Or agents. The Recipient shall have the sole authority and responsibility for such Consultants, employees, agents, including their hiring and termination. The Recipient acknowledges and agrees that the Recipient shall b8 responsible for all acts and actions of the Recipient's Consultants, employees and agents and that all such acts and actions shall be treated 8S actions Of the Recipient for the purposes Of this Agreement. - 171� ��.�h�W1iDi�tn/@OdtheR8CipieDtag[e8b]COOpe[ate w�hone another and ^� ` �~-r-~- ��~ will be frank, candid and timely when dealing with one another and will endeavour |D facilitate the implementation of this Agreement. 17.12 Data, The Recipient agrees that the Ministry nlay, in its sole discr8hoD, collect, use and disCk]S8 any data required under this 4mnB8D?eDt, including but not limited to data related to water. 17.13 Priority. Where there iSa conflict between one O[ more 0f the schedules ofthis Agreement, the following order Of priority shall apply: Schedule "4/' Schedule "C". Schedule "B" and all other schedules. - END OF GENERAL TERMS AND CONDITIONS - 17 �/ . %�� t \ ^ OSNAP-2 Contribution Agreement 'ItECIPIENT'S OPERATIONAL PRIORIJ The Township of Oro - Medonte will incur expenditures in the operation of their Drinking Water System related bQ direct costs, regulatory compliance, undertaking a leakage audit/maintenance k] reduce leakage, improving energy 8ffiCi8DCy of water facilities, 8 vv8h8[ meter pFOg[8[D. operator training, integrating administration with other municipal departments/local ud|id8S, implementing Sh3R3d service agreements with neighbouring communities, and/or preparing an asset management plan/implementing broader asset management practices. FINANCIAL ASSISTANCE Ontario's Maximum Financial Assistance: $100,000.00 Calendar Year Financial Assistance 2009 $25,000.00 2010 $25,000.00 2011 $25,000.00 2012 $25,000.00 Total $100,000.00 W. 0SWAf-2 Contribution Agreement C'1 ELIGIBLE COSTS C.1.1 The Recipient shall use Financial Assistance for costs that. iD the opinion Ofthe Ministry, a[8: a\ properly and reasonably incurred bv the Recipient and DO other person; and b\ necessary for the implementation Of the Operational Priority 8S described iO Schedule "E}". C.1.2 Subject t]Section C.1.1 of the Schedule, the Recipient shall use all Financial Assistance for costs directly related to operating its Drinking Water System associated with p|@nDiOg, direct costs, regulatory compliance and retaining expertise. Eligible Costs include but are not limited tOthe fDUOVViOg: a) Costs incurred bv the Recipient OnOr after January 1.2000 but before December 31`2012; b\ Costs incurred by the Recipient for employees, professionals and technical personnel as well as those for consultants and contractors specifically engaged b}operate the Recipient's Drinking Water System, including wages and benefits, overhead and administrative costs; C\ Materials, supplies, UU|ideS and COStS of testing and sampling incurred by the Recipient directly related to the OpSn8d8D of the Recipient's Drinking Water System; d\ Costs for software, hardware and any other IT products incurred by the Recipient to Op8[8t8 its Drinking Water System; ` e) Staff training costs incurred by the ReCipierd, including training [8giSh8UOO fees, travel expenses (aidiDe/trainUCk8i. car neUt8| including the cost Ofgasoline, mileage if staff members' OvVD car is used, hotel stays and meals (excluding alcohol) while attending aCODfeFeDCe/S8[Din8h and any materials that may be required to be purchased in advance of attending a training session, such as books and/or training manuals specifically requested bythe training seminar organizer, [8|@t8d to the Op8r@bnO of the Recipient's Drinking Water System; U Costs iDCU[r8d by the Recipient directly related to data CO||ectiOO. DlOde||iOg' research and data management for the Recipient's Drinking Water System; and g\ Any other costs as approved by the Ministry. C.2 INELIGIBLE COSTS C. 2.1. Notwithstanding any other provision iO this Agreement, Financial Assistance shall not be used for any of the following: a) Any cost Or expense incurred bv the Recipient befUrejanU8[y1'2OO9; b) Any cost or expense incurred by the Recipient after December 31, 2012; o) Lowering water rates; d) Supporting municipal / LSB services, other than those related to the operation of the Recipient's Drinking Water System; 8) Salaries Or other benefits Of any employees Of the Recipient that are not related t0 the operation of its Drinking Water System; 19 C OSWAP-2 Contribution Agreement f) Any travel, gasoline, meal, hotel, material, education and other costs borne by the Recipient that are not directly related to the operation of the Drinking Water System; g) Personal expenses and alcohol; h) Taxes for which the Recipient or a third party is eligible for a tax rebate and all other costs or expenses eligible for rebates (e.g., GST); i) Operating costs of the Recipient's Drinking Water System funded by any other Government of Ontario grant program; j) Financing charges and interest costs on debt; k) Capital costs, including costs of capital leasing of equipment by the Recipient; 1) Legal fees; or m) Matching any funding or grant provided under any Government of Ontario program, including but not limited to the Canada-Ontario Municipal Rural Infrastructure Fund - Asset Management Program (COMRIF - AMP). 20 r mss. in, OSWAP-2 Contribution Agreement Fil 13 $111 E01 0 F-11 M U Nolvi M Eel 0 NJ The Ministry and the Recipient agree to the following additional provisions: 1. Further to Section 15 of Schedule "A" hereto, notice can be given at the following addresses: (a) If to the Ministry: Ministry of Agriculture, Food and Rural Affairs 1 Stone Road West, 4th Floor Guelph, ON N1 G 4Y2 0 Ma- (b) If to the Recipient: Township of Oro - Medonte 148 Line 7 South PO Box 100 Oro, Ontario LOL 2XO Phone: 705-487-2171 Fax: 705-487-0133 E-Mail: Imcniven@oro-medonte.ca Attention: Lisa McNiven, Manager of Engineering and Environmental Services 21 SCHEDULE "E" ANNUAL REPORT rII\,, � !-> Ontario Small Waterworks Assistance Program Pail 2 (OSWAP-2) Annual Report utaio Municipality/Local Services Board: OSWAP-2 Funding–T Spent Telephone: Fax: Email: A. Operating Focus Areas Planning Work For the Period: Enter grant year: January Vt to December 31" Regulatory Compliance Annual OSWAP-2 allocation received by Retaining Expertise the municipality/local services board: $ (See Schedule B of your Contribution Agreement.) I Authorized Official I acknowledge and confirm that the information contained within this report accurate and complete and that funding is dependant on the Province's review and approval of this report: Please complete the following table (as applicable). NOTE: Total OSWAP-2 funding spent on operational priorities should equal annual OSWAP-2 allocation. Operational Priority: —7Allocation OSWAP-2 Funding–T Spent —Description of Eligible Costs Funded by OSWAP-2: A. Operating Focus Areas Planning Work Direct Costs Regulatory Compliance Retaining Expertise 22 I Operational Priority: P-2 Funding Description of Eligible Costs Funded by OSWAP-2: B. Specific Projects Undertaking a leakage audit maintenance to reduce leakage Demand management program Improving energy efficiency of water facilities Water meter program Preparing business plans / full cost reports / capital plans Operator training Integrating administration Implementing shared service agreements with neighbouring communities Preparing an asset management plan / implementing broader asset management practices If your municipality/LSB did not spend its entire annual OSWAP-2 allocation for this year, please explain how you propose to use the remaining funds next year: If applicable, please describe any significant changes hz the municipahty's/LSB'sopenationaipriorities: To the best of your knowledge, please answer the following questions regarding water services: How many residential customers (active accounts) are served by your municipality/LSB? How many industrial, commercial, and institutional (IC&I) customers (active . accounts) are served by your municipality/LSB? |n[year], how much water was: Used by residents Used by IC&I omiuwteuooummeauuromemuoeo(o1],nuoicmeters, !nkear. how much water revenue was: Collected from residents Used by non-revenue sources | Lost due holeakage Collected from IC&I - Lyvdtj, witat wuiu trie tutai expenaiiures nnemomcuy Tor me provision cv water nmwicee? | Does your municipaUty8-GB have o long-term capital plan for water What percentage of your residential customers are metered? What percentage of your IC&| customers are metered? Conservation and Efficiency-Specific Information Is your municipality undertaking universal metering of all its customers on municipal water supply? Does your have a leak detection and repair program? Does your have other water conservation/efficiency programs? (e.g., public information and education programs, rebates to replace existing fixtures with more water-efficient fixtures, lawn watering restrictions) M. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE i bQ By-Law No. 2009-040 Being a By-Law to Authorize the Execution of the Joint Service Board Agreement Between the Township of Oro-Medonte and the Severn Sound Environmental Association WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Section 9 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities; (a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues. AND WHEREAS Section 202 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, allows two or more municipalities may enter into agreements to establish a joint municipal service board and to provide for those matters which, in the opinion of the participating municipalities, are necessary or desirable to facilitate the establishment and operation of the joint municipal service board; WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it expedient to enter into the Joint Service Board Agreement with the Severn Sound Environmental Association; AND WHEREAS the role of the Joint Municipal Service Board, to be known as the Severn Sound Environmental Association (SSEA), is to support the Partner Municipalities in the management of their environmental activities, to continue to coordinate the Long-Term Sustainability Plan and to assume the duties and responsibilities assigned to the Severn Sound Protection Authority pursuant to the CWA, all generally in accordance with the Strategic Plan and the Business Plan as they may be modified and approved by the Municipalities from time-to-time; AND WHEREAS Council enacted Motion CW090318-21 authorizing the Township of Oro-Medonte to enter into the Joint Service Board Agreement with the SSEA effective until December 31, 2009; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1 THAT the Mayor and Clerk be authorized to execute the Joint Service Board Agreement attached hereto as Schedule "A" and forming part of this By-Law. 2. THAT the agreement be effective until December 31, 2009. 3. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 25TH DAY OF MARCH, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Schedule A Severn Sound Environmental Association STRATEGIC PLAN 18 C), 2 October 23, 2008 Severn Sound is located in south - eastern Georgian Bay, and has a watershed of 1,116 km2 (Figure 1). In 1985, Severn Sound was declared one of 43 Great Lakes Areas of Concern due to nutrient enrichment and habitat loss. Severn Sound Environmental Association (SSEA) was formed to clean up sources of water pollution, restore wildlife habitat, and ensure good environmental quality in the watershed. Severn Sound was removed from the list of Areas of Concern in 2003, and SSEA continues to facilitate long -term management of the Severn Sound environment. Members of the Association currently include Environment Canada, the Ontario Ministry of the Environment, and nine municipalities: the City of Orillia, the Towns of Midland and Penetanguishene, and the Townships of Tay, Tiny, Oro - Medonte, Severn, Georgian Bay and Springwater. SSEA Mission Statement: To sustain environmental quality and ensure continued protection through a legacy of wise stewardship of Severn Sound and its tributaries A special meeting of the SSEA was held on December 12, 2007 in order to review the status of the Association and to plan actions leading toward a strategic plan for the SSEA into the next agreement. Cheryl Brine (now Cheryl Grovier), from the Ontario Ministry of Agriculture, Food and Rural Affairs, facilitated a discussion with SSEA members in order to develop a strategic plan for the Association over the next five to ten years. The session considered: • the background of the SSEA (current Agreement; staffing; budget; mandate; legal status) • future legal and mandate requirements and directions • an analysis of the strengths, weaknesses, opportunities and challenges for the Association (SWOC analysis) • prioritization of issues leading to a series of sub - committee meetings to consider each item in detail for future action. Four priority areas were identified for action as described below. PRIORITY #1 MANDATE OF SSEA A meeting was held on January 8, 2008 at the Township of Severn Office to consider the mandate of SSEA. Present at this meeting were Terry Allison, David Parks and Keith Sherman. The current Agreement recognizes major SSEA activities to include: • Completion of the Severn Sound Remedial Action Plan • Habitat Assessment and Management Plans • Sustainability Plan for Severn Sound • Source Water Protection including groundwater and surface water • Rural programs to promote the implementation of Best Management Practices • Plan Review and Input • Public Consultation and Education • Monitoring, analysis and reporting In addition, other emerging commitments and mandates of the Association include the following. I . The agreement currently applies to the Severn Sound Area of Concern boundary (Figure 1) with special projects being conducted outside of this boundary as need arises (e.g. Lake Couchiching survey, Tiny Beaches Study). 2. Recently, the Clean Water Act has recognized SSEA as a Source Protection Authority (under CWA Regulation 284/07) under the South Georgian Bay Lake Simcoe Source Water Protection Region. The protection of municipal drinking water supplies and other water resources in the area is an extension of our mandate. The area covered by this designation includes the immediate watershed area of Severn Sound and all of the Township of Tiny (see Figure 2 and Table 1). There are 35 municipal drinking water systems within the Severn Sound Source Protection Area (Appendix 1). 3. SSEA has entered into an Agreement with the OMOE to facilitate long-term groundwater monitoring including the establishment and maintenance of monitoring wells in the Severn Sound area. This Agreement is being renewed. 4. We have also been approached by DFO for a formal agreement that would allow SSEA to act as a screening agency to facilitate the review of marine construction applications. This would benefit the municipalities and is consistent with our existing mandate. 5. Increasingly, SSEA staff have been called on to comment on development proposals and provide peer review of support documents for the municipalities. This role relates to our capacity to bring together SSEA information on areas of federal, provincial and municipal interest with the extensive SSEA database. The consensus at this meeting was that the Severn Sound area, for the purposes of the revised agreement, must now include all of the Township of Tiny in order to bring the area into line with the Clean Water Act designation (see Table 1). The implications of this boundary change for future agreements is that the municipal funding formula would be revised to include all of the Township of Tiny. Table I Breakdown of municipal areas within the current Severn Sound boundaries (AOC) and the Source Water Protection Authority boundary (SPA). Midland 37,11 3,3% 37.1 2.8% 37.1 100.0% 100,0% Orillia 62 0.6% 62 0.5% 28.7 21.6% 21.6% Oro-Madonte 3071 27.6% 307.9 23.2% 590O 52.2% 52.2% Penetanguishene 26.0 2.3% 26.0 2.0% 26,0 IWO% 100.0% Severn 292.7 262% 292.7 22.1% 557,5 52.5% 52.5% Springwater 111.3 10.0% 111,3 8.4% 541.0 20.6% 20.6% Tay 140.2 12.6% 140,2 10A% 1402 100.0% 100.0% Tiny 125,8 113% 336.1 25.3% 336,1 374% 100.0% 1115.7 1326.0 Note: Excludes Beckwith and Christian Islands PRIORITY #2 LEGAL STATUS OF SSEA A meeting was held on January It, 2008 at the office of the Mayor of the City of Orillia to consider options for the legal status of SSEA. Present at this meeting were Mayor Ron Stevens, David Parks and Keith Sherman. In order to be fully recognized as a Source Protection Authority the Ministry of the Environment requires that the SSEA constitute a legal entity rather than a partnership agreement as is currently the case. The other legal issue is that the SSEA must obtain insurance coverage, including "errors and omissions" that will provide complete protection of the SSEA and staff. This coverage will also ensure eligibility to additional funding from the province and other agencies. We have sought preliminary legal advice from Ted Symons of the Law firm of Hacker, Gignac and Rice prior to our December 12`h meeting. The following is an analysis of options. Option Pro Con 1. No change -Costs remain low -effectiveness of SSEA will decline due - flexible agreement for to lack of access to key funding municipalities -inability to function as an SPA — will likely be taken over by CA - inability to obtain insurance 2. Incorporate - creates the required legal entity -costs as a separate organization would as a private rise non-profit -lack of direct connection to the corporation municipalities -staff benefits would be in jeopardy 3. Create joint - maintains municipal continuity for - lack of precedent in North Simcoe Municipal relationship, staff benefits Services Board - ease of transition (M.A. See - provides incorporation allowing 96,97,201) insurance and access to funding opportunities - satisfies SPA requirements 4. Form a CA - satisfies SPA requirements - increased costs (2 to 5 times more) or amalgamate - adds other mandates not present in - permanent commitment of with a CA Severn Sound (eg. Flood control) municipalities - if amalgamated into an existing CA, focus on Severn Sound area is limited After consideration, the consensus was that the preferred option for SSEA was to form a Municipal Joint Services Board under the Municipal Act (Sec.201). I �, PRIORITY #3 STAFFING & OFFICE NEEDS A meeting was held on March 5, 2008 at the Township of Severn Office to consider SSEA staffing and office needs. Present at this meeting were David Parks, Axel Frandsen and Keith Sherman. The current organization chart for the SSEA Office and staffing were reviewed. Current status: • Vacant positions at present include Water Scientist and sampling/GIS technician • Summer student funding programs have been approached. We had one supported summer contract position from federal government and another summer student position supported from Source Water Protection • All staff have completed Job Fact Sheets for initial review (summaries were reviewed) • Payroll budget for SSEA staff was reviewed. The discussion reached the following conclusions. • The linear structure of the current organization should be changed to incorporated "Team Leader" positions to spread out the supervisory duties • The need for an Office Manager/Executive Assistant was expressed as an immediate need. • As increasing role of SSEA for plan review/plan input to municipalities develops, a planning/GIS technician will be needed. • In order to plan for succession, a senior scientist should be hired to assume a managerial role. • Review of all current Job Fact Sheets and Job Descriptions will be undertaken. An immediate need is to compare the Sampling Technologist position to other equivalent positions for salary adjustment. In addition, the wetland/habitat biologist position should be reviewed and declared permanent status. • Consideration should be given to increasing staff support in those areas that are expected to increase in demand (e.g. plan input and review, source water protection). Salary and benefits for SSEA staff have been partly included within the SSEA operational budget with the majority of costs being tied to short-term, "Special Projects" that allow salaries to be covered within the time-frame of the project. This has meant that all SSEA employees are tied to short-term funding arrangements for part or all of their salaries and benefits. In order to put SSEA staff on a longer-term basis, the salary and benefits costs are gradually being included within the regular SSEA operations budget. In addition, SSEA will require additional staff complement to fulfill the current and future mandates. The benefits of making this transition include a more stable employment base for most SSEA employees which increases our abilities to deliver quality service to our municipalities. The current SSEA Office, located at 67 Fourth Street, is crowded and requires short and long-term consideration for increased space and office upgrade to accommodate SSEA operations under existing and future mandates. Key advantages of the current location are our access to the municipal intemet and email system as well as our modest rental costs ($9,500 per year). PRIORITY #4 FUNDING The SSEA budget (to 2007) has consisted of two revenue and expenditure streams: 1. SSEA operations budget includes revenue sources directly supporting the operation of the SSEA office and expenditures for administration, some labour and benefits for core activities; and 2. SSEA special projects budget includes revenues and expenditures for specific projects. Over the years this budget has amounted to approximately $600,000 per year plus in-kind contributions from various federal, provincial and other agencies. Funding proposals to a variety of federal and provincial agencies, municipalities and private foundations are generated by the SSEA Office staff each year to support these projects. A large proportion of staff salaries and benefits currently come from these project budgets. The budget has been structured to track "deliverables" and was expressly designed to avoid declaring salary and benefits of SSEA employees at Environment Canada's request. With the 2008 budget, salary and benefits costs are shown in quarterly statements as core activities (i.e. coordination, sampling, data management, communications) with "special projects" salary and benefits shown for projects receiving special funding to support SSEA projects. The current operations budget does not reflect the full cost of running the organization. It is estimated that the full cost of running the organization for 2008 will be approximately $500,000.00 including labour, services and materials. In order to put the Association on a more municipal basis with complete financial reporting, the full cost of employee salary and benefits and the administration of the office should be considered part of the operational budget as we move into the future agreement. Funding organizations are increasingly offering program funding that excludes salaries and benefits of regular employees. There is an expectation that salary and benefits are provided by the applicant organization. By internalizing salary and benefits where necessary, SSEA will be able to broaden the number of successful proposals to support the activities to fulfill our mandate. In order to address the staff needs, an increase in operating budget will be required over the next five years. In 2008 the SSEA payroll of $423,000 was represented by only 39% in the SSEA operating budget while 61% of the payroll was covered by Special Projects. Over the next five years, it is proposed to increase payroll within the SSEA operations budget to $370,500 or 701/6 of total SSEA salary and benefits budget. This is reflected in the estimated budget amounts shown in Table 2 and 3. The municipal funding formula for the SSEA has remained the same over the last I I years of operation. We have updated the assessment and parcel information on which to base the percentage share to each municipality for the new Agreement. With the recognition of the SSEA as a Source Water Protection Authority under the Clean Water Act the boundary of the area has changed to include all of the Township of Tiny and essentially the same watershed-based boundary for the other municipalities. With some amalgamation implementation and boundary adjustments, consideration of revising the formula must also include changing the funding share arrangement. A sub-committee which included Dave Parks, Terry Allison and Keith Sherman met on September 4, 2008 at the Township of Severn Office to consider the funding formula and the proposed budget increases. The percentage cost share to each municipality was revised by using the latest available property and assessment information as shown in Table 2. The revised formula starts with a base amount of 5% of the total annual budget. The base amount times the number of municipalities is subtracted from the total municipal revenues for the year. The remainder is apportioned using the cost share percentage to each municipality. The attached Table 2 shows the comparison of the current and potential funding shares as applied to the revised (SPA) boundary. The 2008 municipal share was calculated using the current SSEA agreement formula. Table 3 shows the forecast of expenses and revenues over the next five years. At a special meeting of the SSEA on September 10, 2008, the following motion was passed. Moved by Bob Jeffery, seconded by Axel Frandsen, to endorse the Severn Sound Strategic Plan with the addition of rationale for staffing needs and benefits to the municipalities over the next five years. CARRIED. Table 2 Severn Sound Environmental Association Municipal Sharing of SSEA Agreement Cost sharing under current Agreement SS watershed area compared with SPA area now funding formula Totals: 30493 41819 $4,241,946,000 $8,527,660,659 100 100 $110,864 $170,000 $210,864 $260,864 $310,864 $340,864 Total annual budget $217,831 $264,000 $304,864 $354,864 $404,864 $434,864 Base amount $13,200 $15,243 $17,743 $20,243 $21,743 Note: Determination of Cost Apportionment (as of December 2001 for current agreement and December 2007 for agreement using SPA boundary) 1 the number of properties within the watershed area of each munK3paitty was determined and from that, a percentage for cost shanng was calculated 2 the assessment within the watershed area for each municipality was determined and from that, a percentage for cost sharing was calculated 3 the average of 1. and 2.was used as the %cost share 4 a base amount of 5% of the total annual budget was added to each share and followed by the percent of the remainder of the municipal amount Properties in Wshed Assessment in Watershed % Cost Share 2008 2009 2010 2011 2012 2013 Municipality Current Agt SPA Current Agt SPA Current Agt SPA Budget SPA SPA SPA SPA SPA Georgian Bay 1878 2114 $267,949,200 $478,457,400 6.44 5.33 $7,140 $15,930 $19.172 $23,139 $27,105 $29,485 Midland 5856 6181 $945,254,600 $1,366,966,807 20.71 15,41 $22,960 $21,087 $26,593 $33,329 $40,066 $44,108 Oriflia 1267 1717 $278,588,000 $459,116,304 534 4.74 $5,920 $15,629 $18,739 $22,544 $26,349 $28,632 Oro-Medonte 4287 4256 $659,632,700 $1,112,902,900 14.77 11.61 $16,375 $19,146 $23,800 $29,494 $35,187 $38,604 Penetanguishene 3349 3446 $530,936,000 $734,452,100 11.73 843 $13,004 $17,514 $21,451 $26,269 $31,086 $33,976 Severn 3261 3358 $432,036,700 $687,466,543 10.41 8.05 $11,541 $17,319 $21,171 $25,883 $30,596 $33,424 Spnngwater 2346 2343 $297,007,000 $486,289,200 7.33 5.65 $8,126 $16,094 $19,408 $23,462 $27,517 $29,949 Tay 6146 6101 $564,112,100 $809,898,203 16.70 12.04 $18,514 $19,366 $24,116 $29,928 $35,740 $39,227 Tiny 2103 12303 $266,429,700 $2,392,111,202 6.57 28,74 $7,284 $27,913 $36,414 $46,816 $57,219 $63,460, Totals: 30493 41819 $4,241,946,000 $8,527,660,659 100 100 $110,864 $170,000 $210,864 $260,864 $310,864 $340,864 Total annual budget $217,831 $264,000 $304,864 $354,864 $404,864 $434,864 Base amount $13,200 $15,243 $17,743 $20,243 $21,743 Note: Determination of Cost Apportionment (as of December 2001 for current agreement and December 2007 for agreement using SPA boundary) 1 the number of properties within the watershed area of each munK3paitty was determined and from that, a percentage for cost shanng was calculated 2 the assessment within the watershed area for each municipality was determined and from that, a percentage for cost sharing was calculated 3 the average of 1. and 2.was used as the %cost share 4 a base amount of 5% of the total annual budget was added to each share and followed by the percent of the remainder of the municipal amount Table 3 Severn Sound Environmental Association Expenditure forecast $110,864 $170,000 $210,864 $260,864 $310,864 $340,864 Community/Private 2008 2009 2010 2011 2012 2013 Administration $50,409 $521929 $55,576 $58,355 $61,272 $64,336 Salaries & Benefits (SSEA Operation) $163,422 $211,071 $249,288 $296,509 $343,592 $370,528 Salaries & Benefits (Special Projects) $260,000 $238,929 $230,712 $197,891 $165,640 $153.981 Total SSEA Operations $217,831 $264,()00 $304,864 $354,864 $404,864 $434,864 SSEA Payroll _ $423,422 $450,000 $480,000 $494,400 $509,232 $524,509 Revenue forecast Municipalities $110,864 $170,000 $210,864 $260,864 $310,864 $340,864 Community/Private $4,000 $4,000 $4,000 $4,000 $4,000 $4,000 Projects (3) $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 Recoveries (4) $35,000 $35,000 $35,000 $35,000 $35,000 $35,000 Source Water Protection(5) $15,000 $30,000 $30,000 $30,000 $30,000 $30,000 Provincial $15,000 Federal $9,000 surplusi(deficit) $3,967 Total Revenue $217,831 $264,000 $304,864 $354,864 $404,864 $434,864 (1) Revenues related directly to the Environmental Association wt do not include project funds (cash and in-kind) from partners. (2) Municipal share is based on 2001 assessment. (3) Projects administered by the Association (10%). (4) Work done by the SSEA Office for the Partners and/or others. (5) Administration from Source Water Protection (from LSRCA) (6) Prior year Surplus/(deficit) amount (7) Special Projects Salary & Benefits to SSEA Severn Sound Source Protection Authority Area Draft 2 Terms of Reference Appendix l List of Municipal Residential Drinking Water System(s) This section presents details pertaining to all the specific existing groundwater and surface drinking sources by listing the owner, operating authority drinking water system number, system name, number of wells for groundwater, number of intake cribs for surface water and the source of the water. There are a few groundwater systems that are referred to as GUDI systems, which is groundwater under direct influence of surface water (note * GUDI = groundwater under direct influence of surface water). Intake cribs are onshore structures that collect water from a surface water body. 17 3 Existing CITY OF ORILLIA CITY OF ORILLIA 220001183 ORILLIA WATER SUPPLY SYSTEM (2 in LS-BR SPA and I in 0 Groundwater SS SPA Existing TOWN OF MIDLAND TOWN OF MIDLAND 220001156 MIDLAND WELL 14 0 Groundwater SUPPLY GUDI LEPAGE SUBDIVISION Existing 220406838 (PENETANGUISHENE) 2 0 Groundwater TOWN OF TOWN OF WELL SUPPLY Existing 220041147 PAYETTE (PENETANGUISHENE) 3 0 Groundwater PENETANGUISHENE PENETANGUISHENE WELL SUPPLY Planned TO BE ROBERT STREET WEST 2 0 Groundwater DETERMINED SUPPLY WELL HORSESHOE Existing 250001402 HIGHLANDS 2 0 Groundwater SUBDIVISION WELL TOWNSHIP OF ORO- TOWNSHIP OF ORO- SUPPLY Existing MEDONTE MEDONTE 220003920 MEDONTE HILLS WELL 2 0 Groundwater SUPPLY Existing 220010752 ROBIN CREST WELL 2 0 Groundwater SUPPLY 17 ca.,e.., c.,....w c.,....b Prnrarlinn au,theriN Area Draft 2 Terms of Reference 18 �1 t ty z7 . :.7„r 2`' p . 5a a '�. "a. h ak•"ffiq,, 't � ~ �. '^ #a: „v .'� a I ' t as m k rs? ,. f SUGAR BUSH WELL 3 0 Groundwater Existing 220001518 SUPPLY TOWNSHIP OF ORO- MEDONTE TOWNSHIP OF ORO- MEDONTE WARMINISTER WELL 2 0 Groundwater Existing 220005125 SUPPLY BASS LAKE 220005143 WOODLANDS WELL 3 0 Groundwater Existing TOWNSHIP OF TOWNSHIP OF SUPPLY SEVERN SEVERN COLDWATER WELL 3 0 Groundwater Existing 220001110 SUPPLY ELMVALE WELL 2 0 Groundwater Existing g ONTARIO CLEAN 20000700 SUPPLY TOWNSHIP OF WATER AGENCY, SPRINGWATER GEORGIAN BAY HUB 220003911 SUPP DALE WELL 3 0 Groundwater Existing ROPE SUBDIVISION Existing 220011323 WATER TREATMENT 0 1 Surface Water PLANT TOWNSHIP OF TAY TOWNSHIP OF TAY VICTORIA HARBOUR Existing 220001076 WATER TREATMENT 0 1 Surface Water PLANT 20005269 BLUEWATER WELL 3 0 Groundwater Existing g SUPPLY 220005278 COOKS LAKE WELL 2 0 Groundwater Existing g SUPPLY GEORGIAN BAY Groundwater Existing 220005287 ESTATES WELL 3 0 (GUDI) TOWNSHIP OF TINY TOWNSHIP OF TINY SUPPLY GEORGIAN HIGHLANDS 1 0 Groundwater Existing g 20005296 WELL SUPPLY 20005303 GEORGIAN SANDS 4 0 Groundwater Existing g WELL SUPPLY Existing 220405321 LEFAIVE WELL SUPPLY 2 0 Groundwater 18 �1 t Severn Sound Source Protection Authority Area Existing Existing Existing Existing Existing TOWNSHIP OF TINY TOWNSHIP OF TINY Existing Existing Existing Existing Existing Existing Existing TBD 220006267 LAFONTAINE WELL ISUPPLY Draft 2 Terms of Reference 2 1 0 I Groundwater 1 4 PENNORTH WELL 220005358 SUPPLY 0 PERKINSFIELD WELL 220005544 SUPPLY Groundwater RAYKO WATER 220005367 SYSTEM WELL SUPPLY 2 SAND CASTLE WELL 220005376 SUPPLY 0 SAWLOG BAY WELL 220006259 SUPPLY Groundwater TEE PEE POINT WELL 220005394 SUPPLY 2 THUNDER BAY WELL 220006268 SUPPLY 0 VANIER WOODS WELL 220005401 SUPPLY WHIP -POOR -WILL II 220007481 WELL SUPPLY WOODLAND BEACH 260002330 WELL SUPPLY WYEVALE WELL 220005410 SUPPLY Draft 2 Terms of Reference 2 1 0 I Groundwater 1 4 0 Groundwater 2 0 Groundwater 2 0 Groundwater 2 0 Groundwater 2 0 Groundwater 2 0 Groundwater 2 0 Groundwater 2 0 Groundwater 2 0 Groundwater 5 0 Groundwater TBD TINY COVE ESTATES 2 Groundwater Municipalities i n the Severn Sound Watershed 5 U V Kilometers ete s s r �' SLYC7M,r � � ^, �^, *... `� �� a 7 n' �� '� s � t a ro z •s fir, � F } d� *y w k 4A ail s 5 vx y a r s t; a C Owwattr R i ✓ 4 � � r+ -t n `e x So`. ✓J d I� ter 1 3 w., Z� Pi Araoiebm n lh D 00 suppled Oder 4orw by Mwnb s of the OrOwAo Cis qm" DW Exchange, 2006. 5 CP CA Schedule B Business Plan To the Letter of Agreement the Severn Sound Environmental Association March, 2009 Severn Sound Business Plan 11 -�t- ACKNOWLEDGEMENTS This business plan serves as Appendix 2 to the Letter of Agreement for the Severn Sound Environmental Association (SSEA). The business plan was produced through the efforts of the SSEA Board and staff. Greg Sutcliffe Councilor, Township of Georgian Bay (SSEA Chair) Terry Allison Councilor, Township of Oro-Medonte (SSEA Vice-Chair) Bob Jeffery Councilor, Town of Midland Peggy Breckenridge Mayor, Township of Tiny Ron Stevens Mayor, City of Orillia Tony Hope Deputy Mayor, Township of Springwater Mike Mayotte Councilor, Town of Penetanguishene Axel Frandsen Councilor, Township of Tay Doug Beach Councilor, Township of Sevem Dave Parks Township of Severn (former Chair) Keith Sherman Coordinator, SSEA Michele Locke SSEA Communications Thanks to other municipal Councillors, municipal staff and members of the community who contributed their suggestions to improve this Business Plan. Many thanks to Sue Gignac and Judy Robitaillc of the Town of Midland, for their excellent work in maintaining the accounting system for the SSEA. Thanks also to the staff of the SSEA Office and Project staff for their dedication and professional approach to restoring and sustaining the Severn Sound ecosystem. Severn Sound Business Plan 12 1��IE Severn Sound Environmental Association Business Plan 2009 The community-based mission of the Severn Sound Environmental Association is to sustain environmental quality and to ensure continued protection through implementing a legacy of wise stewardship of Severn Sound and its tributaries. Introduction The Severn Sound Environmental Association (SSEA) is a Joint Service Board under the Municipal Act (Section 201). It was originally founded in 1997 as a partnership between federal, provincial and municipal partners to support the completion of the Severn Sound Remedial Action Plan. As the RAP was completed the community realized the necessity of strengthening the organization to provide a local, community-based environmental office in the Severn Sound area. On behalf of the partners, the SSEA office continues to: • forge cooperative initiatives to address environmental issues - planning, designing, arranging funding and implementing environmental projects • act as liaison between local stakeholders and government agencies • coordinate monitoring of environmental status to follow trends and detect new problems • provide a "neutral informed voice" that assists the community in focusing efforts and assists in planning and infrastructure decisions. • engage the Severn Sound community in remediation, monitoring, conservation and stewardship • provide educational and information services to the member municipalities, other agencies and residents • promote a sustainable Severn Sound community The Severn Sound community is increasingly demanding that environmental decisions make a positive contribution to the health of their environment and their own well being. They want assurances that decisions are based on the best available knowledge and information. They also want to be kept informed about the health of their environment and know that someone is looking after monitoring the environment and providing an "informed voice" to decision makers. The SSEA provides cost effective environmental management that will sustain improvements achieved through the RAP process and continue the long-term goal of sustaining the quality and health of the Severn Sound ecosystem. Severn Sound Business Plan /3 Following a comprehensive process of technical review and public consultation, the Severn Sound Remedial Action Plan Stage 3 Report was completed and submitted to the governments and to the International Joint Commission in late 2002. On January 22, 2003, the Canadian Minister of the Environment and Minister of Foreign Affairs transmitted a letter to the International Joint Commission, formally announcing that Canada has removed Severn Sound from the list of Areas of Concern. In the comments on the document, both the governments and the IJC clearly expressed the importance of maintaining the quality of the Severn Sound area and to maintain and sustain the gains from remedial actions and to monitor to ensure that there was "no slipping back". The Severn Sound area is located in south-eastern Georgian Bay and includes the Towns of Pcnetanguishcne and Midland, the Townships of Tiny, Tay, Oro-Medonte, Springwater, Severn and Georgian Bay, and the City of Orillia. The watershed covers an area of 1,300 km2. Under the Clean Water Act (Ont.Reg.284/07), the SSEA is designated a Source Protection Authority under the South Georgian Bay Lake Simcoe Source Protection Region. Responsibilities include providing technical input to the development of a Source Protection Plan for the Region and coordinating efforts to protect the water resources that provide municipal drinking water supplies in the area. More than twelve years of work through successful partnerships between the public, municipalities and governments to facilitate implementation of the Severn Sound Remedial Action Plan has resulted in the restoration of beneficial uses and the de-listing of Severn Sound as an Area of Concern. This legacy has left both a momentum for cooperation amongst the partners in the area and an excellent base of information on which to move forward on the new focus of sustainability. The SSEA has also completed a comprehensive Sustainability Plan for the area in cooperation with the municipalities, stakeholders and the Severn Sound community. SSEA Mandate Under the Agreement, the areas of activity of the SSEA include the following. • Completion of outstanding commitments from the Severn Sound Remedial Action Plan (coordinating phosphorus control measures, beach monitoring, water quality monitoring, habitat assessment and restoration) • Habitat and natural heritage assessment and the development of Management Plans • Coordinating the implementation of the Sevem Sound Sustainability Plan • Undertaking technical studies of the water resources in the Severn Sound Source Water Protection area and acting as the Severn Sound Source Protection Authority within the South Georgian Bay Lake Simcoe Source Protection Region • Carry out rural programs in cooperation with the landowners to promote the implementation of environmental Best Management Practices in the area • Provide plan input and plan review services through the municipalities Severn Sound Business Plan /4 I N. r • Engage the public in consultation and education of environmental and sustainability issues • Conduct monitoring, analysis and reporting on the status of the Severn Sound ecosystem SSEA will maintain an office in the area which includes staff, space, equipment and services required to carry out the responsibilities under the Agreement. Time frames The time frame of the activities under the Agreement extend until the need for the Agreement has ended with annual review, development and implementation of annual work plans. This business plan provides the basis of work for 2009 and beyond as projects demand. Costs The cost of SSEA Office operations is estimated to be $268,186 for 2009. These costs are summarized in a revenues and expenditures budget (Table 1). Budgets of revenues and expenditures would be developed for each year of the Agreement for approval of the SSEA in accordance with the Severn Sound Strategic Plan (Appendix I of this Agreement). Revenues from municipalities and other sources would be approved on an annual basis as part of each municipality's budget approval process. The proposed funding partnership to support the SSEA Office is shown in Table I for 2009. The municipal component is shown as a total and is divided between participating municipal partners according to the funding cost-share formula described in the Strategic Plan (Appendix 1). In brief the following steps are used in calculating the share for each municipality. 1. Parcels and Assessment from the most recent available property fabric for each municipal area within Severn Sound were totalled and a cost share percent was determined for each municipality 2. A base amount, 45% of the total operating budget, is divided equally between each municipal partner (for 2009 this amount is $13,200 X 9 or $118,800). 3. The remainder of the municipal amount ($51,200 or 19% of the total budget for 2009) is shared by the municipal partners based on the cost share percent (see Table 2 of Strategic Plan) 4. These two amounts are added to give the cost share for each municipality (shown in Table I Revenues for 2009). The SSEA Office will develop implement and/or facilitate individual projects which specifically benefit one or more municipalities or other project partners and which would be funded by those municipalities or partners, through separate agreements arranged by the SSEA Office. A portion of the project funding (101%) would be used to support the operational costs of the SSEA. The target for the "Projects" revenues for 2009 is $25,000 (shown as "Projects" in Table 1). Sevem Sound Business Plan 15 Work carried out directly by the SSEA Office for partners and others includes for example, mapping using SSEA databases, larger plan review and plan input work or portions of special projects. Charges for work on these special projects would be included as direct revenues to support the operational costs of the SSEA Office. The target for the "Recoveries" is $35,000 in 2004 which reflects work performed by SSEA for all partners (shown as "Recoveries" in Table 2). The SSEA Office will also develop strategies to raise funds from other sources such as community groups, organizations or foundations in order to support the operation of the SSEA in the area. The SSEA will charge the costs of producing publications where appropriate (for eg. to consultants). The SSEA can accept donations and provide receipts for tax purposes through the Treasurer Municipality. These revenues will be recorded as "Community and Private" with a target for 2009 of $4,000 (shown as "Community/Private in Table 1). Revenues from the on-going agreements with the Lake Simcoe Region Conservation Authority for administrative support costs for the Source Water Protection activities is estimated at $30,000 for 2009 (Table 1). SSEA Office expenditures and revenues and projects funding would be presented and reviewed by the SSEA four times each year as a financial report. The Board will conduct an annual audit of the SSEA in accordance with municipal practices through the Treasurer municipality. SSEA Activities in 2009 Table 2 shows activities that will be carried out during 2009, under the major areas of activity described above. The SSEA will continue respond to project requests and develop funding proposals that will support these activities through the year and, in some cases will involve multi-year projects. The list of activities will be updated accordingly, as opportunities and changes in priorities arise. Severn Sound Business Plan 16 Table I Severn Sound Environmental Association Revenues Budget (1) as of January 22, 2009 2009 2010 20111 2012 Approved Projected Projected Projected Budget Budget Budget Budget 2013 Projected Budget Georgian Bay $15,929 $19,170 $23,136 $27,102 $29,481 Midland $21,090 $26,597 $33,334 $40,072 $44,115 Orillia $15,627 $18,735 $22,539 $26,342 $28,625 Oro-Medonte $19,144 $23,797 $29,490 $35,182 $38,598 Penetanguishene $17,516 $21,454 $26,272 $31,091 $33,981 Severn $17,322 $21,174 $25,888 $30,602 $33,430 Springwater $16,093 $19,406 $23,460 $27,513 $29,946 Tay $19,364 $24,114 $29,925 $35,736 $39,222 Tinv $27,915 $36,417 $46,821 $57,224 163,467 Community/ Private $4,000 $4,000 $4,000 $4,000 $4,000 Projects (3) $25,000 $25,000 $25,000 $25,000 $25,000 Recoveries (4) $35,000 $35,000 $35,000 $35,000 $35,000 Source Water Protection(5) $30,000 $30,000 $30,000 $30,000 $30,000 Prior Year Surplus/(deficit)(6) $4,186 $0 $0 $0 $0 TOTAL REVENUES $268,186 $304,864 $354,864 $404,864 $434,864 Special Projects (7) $237,000 $230,712 $197,891 $165,640 $17,3781 (1) Revenues related directly to the Environmental Association which do not include project funds (cash and in-kind) from partners. (2) Municipal share is based on 2001 assessment. (3) Projects administered by the Association (10%). (4) Work done by the SSEA Office for the Partners and/or others. (5) Administration from Source Water Protection (from LSRCA) (6) Prior year Surplus/(deficit) amount (7) Special Projects Salary & Benefits to SSEA 23 Table I cont;d. Severn Sound Environmental Association Expenditure Budget (1) as of January 22, 2009 2009 2010 2011 2012 2013 Approved Projected Projected Projected Projected Budget Budget Budget Budget Budget Deliverable $38,000 Administration Treasurer expense $15,000 Meeting expense $1.000 Travel expense $2,500 Conference expense $2,500 Office Supplies & equipment $4.500 Printing&Copying $1,000 Postage and Shipping $1,000 Phones $3.000 Space rental $9,500 SSEA Vehicle $4000 Sampling contracts (sampling boat & analyse $8.000 Health and Safety $1.000 Administration Sub total- $61,000 195,576 $58,355 r61,272 $64,336 Salaries & Benefits Undistributed Salaries & Benefits $38,000 Overall Coordination $60,000 Office administration $15,000 Secretariate to Assoc. $14,000 Database Maintenance $30,000 Natural Heritage & plan review $9,000 Monitoring & Surveillance $20,000 Rural Programs $8,000 Sustainability Plan support Communications $12 Glad" & benefits S, total: $213!1 $249,288 $296,509 $343,592 $370,528 Special Projects Safari" & benefits: $237,000 $230,712 $197,891 $165,640 $153,981 Total Salaries & benefits: $460,30 $480,WO $494,400 $609,232 $524. Less recovered from P 1 1 2 -jjj!I;9I '6 640 *1523192 -1311.3!21;1 elfits, Not Salaries S, Een!! a H24 ir 0 r Capital Capital revenue Total (not Incl. ! � �,c) 29 Table 2 Severn Sound Environmental Association Activities Planned for 2009 (as of February 13, 2009) Administration complete job specs and revise organization of SSEA apply for internships - sustain, SAR, GIS, Wsci Remedial Action /Stewardship Review total phosphorus Caps with each operating munic & MOE Complete Penetanguishene ESR Complete Victoria Harbou EA Support documents Review Biosolids quality and options for handling Encourage stormwater BMP Implementation Review brownfieid cleanup status Promote rural BMP Implementation Including control of pollution sources and restoration of habitat Distribute low cost native trees & shrubs to private landowners Planning Support Habitat Assessments - wetland evaluations (e.g. North R Swamp, Township of Severn) Fish habitat inventories and habitat management plans (Tay, Penetanguishene, Georgian Bay Islands NP,Tmy) Natural heritage/ Woodland assessments (Penetanguishene, Midland, Tay, Severn Sound watersheds) Plan Input & Review OP comments (e.g. Simcoe County, local municipal OPs, OPAs) development proposals through the municipalities marine construction proposals Strategies & Management Plans - little lake (Midland) Management Plan Sustainabiiity Plan implementation and reporting starting in 2009 Coordinate /facliitate specific projects (e.g. Eco Driver Project) Source Water Protection Participate in the partnership to produce the Source Water Protection Plan for our watershed Region provide support to reporting and communication of drinking water source protection issues make presentations, conduct workshops, produce materials to communicate SWP issues Technical studies - coordinate and support studies in the Severn Sound Source Protection Authority (intake protection zone modelling and mapping, WHPA updates and water budget modelling - watershed characterization (base flow, culverts, drainage mapping, producing GIS layers and mapping products to support a better understanding of water resources of our watershed) - coordinate risk assessment studies and support the mapping and estimation of threats, pathways and risks to municipal water supplies in our watershed Public Involvement, Education & Consultation Deliver the Well Aware Program in the area Coordinate the Elmvale Childrens Water Festival in partnership with the Elmvale Water Festival Organizers Work with area schools to provide specific support for ecology units using Severn Sound examples Facilitate a network of shoreline observers in Severn Sound to promote citizen involvement in monitoring activities Monitoring, Analysis and Reporting Conduct monitoring programs for open water quality, stream water quality, groundwater quality, water quantity, water levels, and benthos of the Severn Sound watershed Prepare summaries of open water and stream quality status based on monitoring results (Penetanguishene Bay, Sturgeon Bay, Open Severn Sound) Complete the Lake Couchiching Water Quality Survey assessment for 2008/09 Complete the monitoring of little take with the Town of Midland support Complete an assessment of the water quality status of Honey Harbour area for the Township of Georgian Bay and the District of Muskoka Collaborate with the Simcoe- Muskoka District Health Unit on monitoring and reporting on beach quality Conduct surveillance monitoring for exotic invasive species and species at risk li�2S LETTER OF AGREEMENT TO CREATE A JOINTMUNICIPAL SERVICE BOARD THIS AGREEMENT made this 26th day of March, 2009, 1 0.3 co IMAILIJ THE CORPORATION OF THE TOWN OF MIDLAND (Hereinafter called "Midland ") OF THE FIRST PART, THE CORPORATION OF THE TOWN OF PENETANGUISHENE (Hereinafter called "Penetanguishene ") OF THE SECOND PART, THE CORPORATION OF THE TOWNSHIP OF TAY (Hereinafter called "Tay ") OF THE THIRD PART, THE CORPORATION OF THE TOWNSHIP OF TINY (Hereinafter called "Tiny ") OF THE FOURTH PART, THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (Hereinafter called "Oro- Medonte ") OF THE FIFTH PART, THE CORPORATION OF THE TOWNSHIP OF SEVERN (Hereinafter called "Severn ") OF THE SIXTH PART, THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY (Hereinafter called "Georgian Bay ") OF THE SEVENTH PART, THE CORPORATION OF THE TOWNSHIP OF SPRINGWATER (Hereinafter called "Springwater ") OF THE EIGHTH PART, THE CORPORATION OF THE CITY OF ORILLIA (Hereinafter called "Orillia ") OF THE NINTH PART, Severn Sound Environmental Association /1 WHEREAS the Parties (collectively the Municipalities and individually the Municipality) have cooperated for several years to address water quality issues existing in areas of the Great Lakes, particularly those water quality issues that existed in the Severn Sound area of Georgian Bay, within a partnership framework known as the Severn Sound Environmental Association (SSEA), governed by an agreement entered into for that purpose; (2) AND WHEREAS, following the restoration of the water quality of Severn Sound to an acceptable level, the SSEA developed a long-term sustainability plan intended to provide a vision for the social, economic and environmental health of the communities it serves (the Long-Term Sustainability Plan), which the SSEA continues to implement; (3) AND WHEREAS the sustaining of the Severn Sound environment depends on continued coordination of environmental services, including monitoring, consultation and project management through the SSEA; (4) AND WHEREAS the provision of these services through the Severn Sound Environmental Association is cost-effective and efficient; (5) AND WHEREAS the Municipalities recognize the necessity of working together to restore, protect and sustain a healthy environment in Severn Sound for future generations; (6) AND WHEREAS the Province of Ontario has enacted the Clean Water Act, 2006 (CWA) for the purpose of protecting existing and future sources of drinking water in the Province; (7) AND WHEREAS the administration of the CWA has been assigned to several source protection regions which are subdivided into source protection areas, each source protection area to be governed by a source protection authority administered by a source protection board; (8) AND WHEREAS the SSEA has been recognized as a source protection authority known as the Severn Sound Source Protection Authority for the Severn Sound Source Protection Area, a source protection area within the South Georgian Bay-Lake Simcoe Source Protection Region; (9) AND WHEREAS the Towns of Midland and Penctanguishene, the Townships of Tay, Tiny, Oro-Medonte, Severn, Georgian Bay and Springwater, and the City of Orillia are located within the Severn Sound Source Protection Area; (10) AND WHEREAS the Municipalities wish to establish a joint municipal service board within the meaning of the Municipal Act, 2001, S.O. 2001, c. 25, s.202 (Joint Municipal Severn Sound Environmental Association/2 / 4 i �-' 0---) Service Board) in accordance with the terms of this agreement to continue the coordination of the Long -Term Sustainability Plan for Severn Sound and to assume the responsibilities assigned to the Severn Sound Protection Authority pursuant to the CWA, Regulation 284/07 and such other duties and responsibilities that may be assigned to the SSEA by the Municipalities from time-to-time; 1) AND WHEREAS the Municipalities agree to pass by-laws for entering into this agreement at their joint expense and for their joint benefit within their jurisdiction as provided by the Municipal Act, 2001, s.20; (12) AND WHEREAS the SSEA has developed a strategic plan (the Strategic Plan), a copy of which is attached as Schedule "A" to this agreement, as a guide to the mission and priorities for the SSEA going forward, the tenor of which is intended to guide the SSEA as it continues to respond to the environmental issues and concerns that are common to the Municipalities; (13) AND WHEREAS the SSEA has produced a business plan (the Business Plan), a copy of which is attached as Schedule "B" to this agreement, which is intended to provide an estimate of the cost of the operation of the SSEA and the proportion of the cost to be paid by each of the Municipalities (Funding Formula), it being understood that the Business Plan will be revised from year-to-year and as actual costs become known; (14) AND WHEREAS the joint municipal service board contemplated by this agreement is intended to remain in place, subject to any changes in its mandate that the Municipalities deem advisable from time-to-time, so long as the need for the coordination of the Long- Term Sustainability Plan to ensure the environmental health of Severn Sound and/or the responsibilities imposed on the Municipalities pursuant to the CWA endure. THEREFORE the Municipalities, in consideration of the premises and recognizing the mutual benefits of cooperating on matters of common interest with respect to the Severn Sound area and environmental concerns generally, herein agree to the following: 1.0 Joint Municipal Service Board: 1.1 The Municipalities agree to establish by by-law of each of the Municipalities the Joint Municipal Service Board, to be known as the Severn Sound Environmental Association (SSEA), for the purpose of supporting the Municipalities in the management of their environmental activities, to continue to coordinate the Long-Term Sustainability Plan and to assume the duties and responsibilities assigned to the Severn Sound Protection Authority pursuant to the CWA, all generally in accordance with the Strategic Plan and the Business Plan as they may be modified and approved by the Municipalities from time-to-time. Severn Sound Environmental Association/3 1.2 The SSEA shall act as the Severn Sound Source Protection Authority Board within the meaning of the CWA. 2.0 Composition and Procedures of the Board 2.1 The Board shall be comprised of one member to be appointed by and at the pleasure of each of the Municipalities to hold office for the term of the appointment or until a successor has been appointed, provided that substitutions may be made at any time by an appointing Municipality if, in its discretion, it deems it advisable to do so. 2.2 The Board shall, by resolution, elect a chairperson (the Chair) and a Vice-chair (the Vice- Chair) annually, from among its members, to serve for a term of one year or until his/her appointment by his/her Municipality ends, whichever occurs first. The Vice-Chair shall act in the place of the Chair when the Chair is absent or for the remainder of the term if the office of the Chair is vacant. Where the office of the Vice-Chair is vacant by reason that he/she has assumed the role of the Chair pursuant to this subsection, the Board shall, by resolution, appoint a new Vice-Chair to hold office for the remainder of the term. 2.3 The Board shall meet not less than once every three months and at the call of the Chair in order to properly manage its responsibilities under this agreement. 2.4 The Board shall keep minutes of its meetings which shall be circulated in a timely manner to the member and to the Clerk for each Municipality. 2.5 A quorum for meetings of the Board shall be a simple majority of the representatives of the Municipalities and each member shall have one vote on issues, provided that an issue on which there is a tie vote shall be deemed to be lost. The Chair shall not have an additional, casting vote in the event of a tie. 2.6 Where a quorum is present but the number of members who are disabled from participating in a meeting by reason of a declaration of conflict of interest is such that at that meeting the remaining members are not sufficient to constitute a quorum, then the remaining number of members shall be deemed to constitute a quorum, provided such number is not less than two. 2.7 The Board shall make regulations and rules governing the procedures of the SSEA, 2.8 The Board shall hire employees, including an executive director (the Executive Director) as the Board considers is reasonably required to meet its duties and responsibilities and generally as projected by the Business Plan. 2.9 The Board shall ensure that all Municipalities are properly informed of SSEA activities in a timely manner. Severn Sound Environmental AssociationA 2.10 The scat of a member of the Board shall be considered vacant if the member, (a) is absent from meetings of the Board for three successive regular meetings without being authorized to do so by resolution of the Board, (b) resigns from his or her office by notice in writing filed with the Executive Director, provided that a resignation is not effective if it would reduce the number of members of the Board to less than a quorum, (c) has his or her office declared vacant in any judicial proceeding, (d) forfeits his or her office under the Municipal Act,2001 or any other Act, or (e) dies whether before or after accepting his or her office. 2.11 Where the seat of a member becomes vacant pursuant to subsection 2.9, the Municipality that appointed such member shall appoint a new member within 30 days of the seat becoming vacant. 2.12 The Board shall adopt and maintain policies for the sale or other disposition of land, its hiring of employees and for the procurement of goods and services, provided that the Board may elect to adhere to such policies as adopted and maintained by the Town of Midland in satisfaction of this requirement. 2.13 The Board shall implement the Strategic Plan and the Business Plan as they may be amended or modified by the SSEA and approved by the Municipalities from time-to- time. 2.14 Board members shall serve without remuneration from the SSEA. 3.0 The Executive Director 3.1 The Executive Director shall: 3.1.1 be the Secretary to the SSEA; 3.1.2 prepare an annual budget of anticipated revenues and expenditures for the ensuing calendar year, together with budget projections for the following four years and recommendations for revisions to the Business Plan that the SSEA may consider appropriate, on or before October I of each year for approval by the Board.; 3.1.3 upon approval of the budget each year by the Board, submit the budget, budget projections and recommendations of the Board to the Clerk of each Municipality Severn Sound Environmental Association15 showing each Municipality's budget share in accordance with the funding formula set out in Schedule "A", Table 2 for inclusion in municipal budget deliberations for the ensuing year. 3.1.4 prepare an annual report outlining progress against the objectives of the Business Plan and the Strategic Plan by June 30 of each and every year; 3.1.5 provide progress updates to the Clerk of each Municipality quarterly; 3.1.6 provide briefing notes to any of the Municipalities on an as-required basis on matters within the scope of the duties and responsibilities of the SSEA; 3.1.7 have the authority to recruit and discipline staff and to manage staff, coordinate efforts of the Municipalities and other agencies and to retain the services of consultants, contractors and experts in order to meet the objectives of the Business Plan and the Strategic Plan; 3.1.8 ensure public involvement is maintained as an integral part of the operation of the SSEA; and 3.1.9 speak at meetings or in public on behalf of the SSEA as directed by the SSEA. 4.0 Administration 4.1 The Municipalities agree that all projects and activities undertaken will continue to be guided by the Business Plan and principles of cost-effectiveness. 4.2 Each Municipality agrees to pay its share of the annual budget of the SSEA in accordance with the Funding Formula for each year as approved by the SSEA Board. 4.3 Midland shall act as treasurer for the SSEA (the Treasurer), with that Municipality's approval. The Treasurer shall have the authority to receive and disburse funds on behalf of the SSEA and shall maintain adequate documentation and records of revenues and expenditures of the SSEA in accordance with accepted municipal financial accounting practices. 4.4 The Board is a body corporate and is authorized to enter into contracts, to bring all applications and to take all actions required to give effect to the terms of this agreement. 4.5 The SSEA's fiscal year will be the calendar year, January I to December 31 of each year. 4.6 All contracting activities will be conducted in an open and fair manner in accordance with the standards currently employed by the Town of Midland. Severn Sound Environmental Association16 4.7 Under section 149.1(1) of the Income Tax Act, any recognized municipality in Canada is a "qualified donee" and, as such, can issue official donation receipts for gifts received. The Town of Midland may issue official donation receipts for donated funds designated in support of the works of the SSEA. 4.8 This Agreement shall be in effect from the date that it has been approved by by-law of all of the Municipalities and shall continue in force until terminated by the Municipalities pursuant to subsection 5.1 or, with respect to individual Municipalities, until a Municipality has withdrawn in accordance with subsection 5.2. 5.0 Term 5.1 The Municipalities intend that the term of this Agreement shall continue so long as the mutual need for the coordination of the Long-Term Sustainability Plan and/or the responsibilities imposed on the Municipalities pursuant to the CWA endure, provided that this agreement may be terminated if a two-thirds majority of the Municipalities so determine by by-law of their respective councils. 5.2 Any Municipality to this Agreement may withdraw from the SSEA upon written notice to the SSEA. Any such notice given on or before October I of a given year shall take effect no earlier than December 31 of the calendar year following the year in which the notice was given. Any such notice given after October I of a calendar year will not take effect until December 31 of the second year following the year in which the notice was given. All financial obligations for the withdrawing Municipality will continue to the effective date of the notice. 6.0 Matters not Specifically Addressed in this Agreement 6.1 It is recognized by the Municipalities that issues may arise that have not been contemplated in the negotiation and preparation of this Agreement. In the event that any such issue arises, the Municipalities are resolved that a common solution shall be pursued and the tenor of this Section shall always apply. Severn Sound Environmental Association/? 7.0 Endorsement: 7.1 We the undersigned hereby agree to the terms of this Agreement including Schedule "A" and Schedule "B". The Corporation of the Town of Midland James Downer, Mayor Andrea Fay, Clerk Town of Midland 575 Dominion Ave. Midland, ON. L4R The Corporation of the Town of Penetanguishene Anita Dubcau, Mayor Carey Toby, Clerk Town of Penetanguishene 10 Robert St. W. Penetanguishene, ON. L9M 2G2 The Corporation of the Township of Tay Scott Warnock, Mayor Alison Thomas, Clerk Township of Tay P.O. Box 100 Victoria Harbour, ON. LOK 2A0 Severn Sound Environmental Association/8 The Corporation of the Township of Tiny Peggy Breckenridge, Mayor Douglas Luker, Clerk Township of Tiny, R.R.#1 Perkinsfield, ON. LOL 2J0 The Corporation of the Township of Oro-Mcdonte Harry Hughes, Mayor Douglas Irwin, Clerk Township of Oro-Medonte P.O. Box 100 Oro, ON. LOL 2X0 The Corporation of the Township of Severn Phil Sled, Mayor Henry Sander, Clerk/Treasurer Township of Severn P.O.Box 159 Orillia, ON. L3V 6J3 Severn Sound Environmental Association/9 The Corporation of the Township of Georgian Bay Jim Walden, Mayor Susan Boonstra, CAO/Clerk Township of Georgian Bay RR.#I Port Severn, ON. LOK ISO The Corporation of the Township of Springwater Tony Guergis, Mayor Carol Trainor, Clerk Township of Springwater Simcoe County Administration Centre Midhurst, ON LOL I XO The Corporation of the City of Orillia Ron Stevens, Mayor Gayle Jackson, Acting Clerk City of Orillia 50 Andrew St.S, Suite 300 Orillia, ON L3V 7T5 Severn Sound Environmental Association/i o BY-LAW NO. 2009-037 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, MARCH 25, 2009 1. THAT the action of the Council at its Council Meeting held on Wednesday, March 25, 2009, 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 25h DAY OF MARCH, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25th DAY OF MARCH, 2009. Mayor, H.S. Hughes Clerk, J. Douglas Irwin