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09 23 2009 Council Agenda
TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Township of DATE: WEDNESDAY, SEPTEMBER 23, 2009 Prorrd Her-itea~e, Exciting Future TIME: 7:00 P.M. Page 1. OPENING OF MEETING BY THE MAYOR 2. PRAYER/CONTEMPLATION/REFLECTION 3. NOTICE OF ADDITIONS a) Motion for Additions. 4. ADOPTION OF AGENDA a) Motion for Adoption. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of September 9, 2009 Council meeting. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: 7-15 a) 7:00 p.m. Michael Coulton, re: 2273 Lakeshore Road East. 10. REPORTS OF MUNICIPAL OFFICERS: 16-22 a) Report No. DS 2009-60, Andria Leigh, Director of Development Services, re: Zoning By-law Amendment Application, Rezoning of Poplar Road Allowance (Jim Roth), 2009-ZBA-09, Part of Registered Plan 985 and also Lot 23 of Registered Plan 985, 117 Poplar Crescent, Township of Oro-Medonte [Refer to Item 18d)]. Page 1 of 186 Council Agenda, September 23, 2009 Meeting. Page 10. REPORTS OF MUNICIPAL OFFICERS: 23-27 b) Report No. DS 2009-61, Andria Leigh, Director of Development Services, re: Zoning By-Law Amendment 2009-ZBA-12 (911214 Ontario Ltd.), Part of Lot 15, Concession 1, 5219 Highway 11 (Orillia), Township of Oro-Medonte [Refer to Item 18f)]. 28-33 c) Report No. DS 2009-62, Andria Leigh, Director of Development Services, re: Temporary Use By-law Application 2009-ZBA-014, 576487 Ontario Limited, 241 Line 7 South & 229 Line 8 South Concession 8, Part of Lot 22 and Concession 9, West Part of Lot 22 (Oro), Township of Oro-Medonte [Refer to Item 18e)]. 34 d) Memorandum correspondence dated September 23, 2009 from Andria Leigh, Director of Development Services, re: Development Application Review Process. 35-38 e) Memorandum from Jerry Ball, Director of Transportation and Environmental Services re: Speed Reduction and Traffic Calming [to be distributed at meeting]. 39-47 f) Doug Irwin, Director of Corporate Services/Clerk, re: Sign-By-Law [from September 16, 2009 meeting, to be distributed at meeting]. 48 g) Doug Irwin, Director of Corporate Services/Clerk, re: Motion No. C090513-16 49-53 h) Report No. CAO 2009-11, Robin Dunn, Chief Administrative Officer and Andria Leigh, Director of Development Services, re: Township Strategic Plan Consultation Process [to be distributed at meeting]. 54-80 i) Report No. CAO 2009-12, Robin Dunn, Chief Administrative Officer, re: Grant Application through Ministry of Tourism/Draft Memorandum of Understanding with Townships of Oro-Medonte, Tay and Skyline International [to be distributed at meeting]. 81-95 j) Robin Dunn, Chief Administrative Officer and Shawn Binns, Director of Recreation and Community Services, re: Employee Satisfaction and Engagement Survey. [Add enda] 96-99 k) Memorandum correspondence dated September 22, 2009 from Richard Playfair, Director of Fire & Emergency Services, re: Live at the Creek - Burl's Creek Family Event Park - Fees for Services. [Add enda] Page 2 of 186 Council Agenda, September 23, 2009 Meeting. Page 11. REPORTS OF MEMBERS OF COUNCIL: 100 a) Councillors Allison and Agnew, Nottawasaga Valley Conservation Authority, Conservation Champion Awards, Advocacy for Natural Heritage Protection Catagory Nomination. 101-102 b) Councillor Agnew, Correspondence dated September 13, 2009 from Peter Lamprey, re: Unopened Road Allowance Abutting Bay Street in Shanty Bay. c) Mayor H.S. Hughes, re: Delegation Invitations. [Addenda] 12. REPORTS OF COMMITTEES: 103-107 a) Minutes of Committee of Adjustment meeting held on September 17, 2009. 108-111 b) Minutes of Site Plan Technical Support Group meeting held on September 10, 2009 [Refer to Items 18 a), b), 1), m)]. c) Minutes of Committee of the Whole meeting held on September 16, 2009. 112-115 d) Minutes of Recreation Technical Support Group meeting held on September 10, 2009. 13. CONSENT AGENDA: 116-121 a) Correspondence dated September 16, 2009 from Peter Maxwell, re: Application for Consent 2009-B-33, Technical Severance. Staff Recommendation: Receipt. 14. COMMUNICATIONS: 122-124 a) Correspondence dated September 9, 2009 from Hartley Woodside, Kathleen Clarke, Jane Ball, Gordon Ball, Jon Oelrichs, Gerry van Amelsvoort, Vera Cameron-van Amelsvoort, Ronnie Therrien, Joy Mitchell, Brian Holmes re: By- Law 2009-084, A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Montgomery William Childs and Tracey Elizabeth Childs. 125 b) Correspondence dated September 9, 2009 from Gerry van Amelsvoort and Vera Cameron-van Amelsvoort re: Site Plan Review Meeting on Thursday, September 10 at 2:00 p.m. with respect to the newly created paintballing park. 15. NOTICE OF MOTIONS: None. Page 3 of 186 Council Agenda, September 23, 2009 Meeting. Page 126-137 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17. IN-CAMERA ITEMS: a) Motion to go In-Camera b) Motion to Rise and Report c) Andria Leigh, Director of Development Services, re: Property Matter (TRY Recycling). [Addenda] 18. BY-LAWS: a) By-Law No. 2009-122 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and John Stewart McClymont and Catherine McClymont described as lands as follows: 73 Healey Beach Road, Part of Lots A and B, Plan 461, (formerly Township of Orillia), Being all of PIN 58531-0420 (LT) Roll # 4346-030-010-11500 Township of Oro-Medonte, County of Simcoe. 138-139 b) By-Law No. 2009-121 Being a By-law to remove the Holding symbol applying to lands located at 73 Healey Beach Road, Part of Lots A and B, Plan 461, Township of Orillia (formerly Township of South Orillia), County of Simcoe, Being all of PIN 58531-0420 (LT) Roll # 4346-030-010-11500 (McClymont). 140 c) By-Law No. 2009-124 A By-law to Repeal By-law No. 2007-004, A By-law to Appoint a Planning Advisory Committee And To Amend By-law No. 2007-021, A By-law to Appoint Representatives to Various Committees / Organizations and Technical Support Groups. 141-142 d) By-Law No. 2009-125 A By-law to amend the zoning provisions which apply to lands within Part of Road Allowance known as Poplar Crescent, Part of Registered Plan 985, and Lot 23 of Registered Plan 985, municipally known as 117 Poplar Crescent, (Former Township of Oro), now in the Township of Oro-Medonte (Township-Roth 2009-ZBA-09). Page 4 of 186 Council Agenda, September 23, 2009 Meeting. Page 18. BY-LAWS: 143-144 e) By-Law No. 2009-126 A By-law to authorize a Temporary Use of certain lands for a use not permitted by Zoning By-law 97-95 on lands described as Concession 8, Part of Lot 22 and Concession 9, West Part of Lot 22 (Former Township of Oro), now in the Township of Oro- Medonte, and municipally known as 241 Line 7 South & 229 Line 8 South (576487 Ontario Limited -Burl's Creek 2009-ZBA-14). 145-146 f) By-Law No. 2009-127 A By-law to amend the zoning provisions which apply to lands within Part of Lot 15, Concession 1, 5219 Highway 11 North (Former Township of Orillia), now in the Township of Oro-Medonte (911214 Ontario Ltd 2009-ZBA-12. 147 g) By-Law No. 2009-128 A By-law to Amend By-law No. 2009-022, Being a By-law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of The Township of Oro-Medonte. 148-149 h) By-Law No. 2009-129 Being a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Tammy Reynolds to Allow for Two Dwellings. 150-160 i) By-Law No. 2009-130 A By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and The Oro-Medonte 77's Junior Hockey Club. 161-163 j) By-Law No. 2009-132 Being a By-Law to Authorize the Execution of a Contract Between The Township of Oro-Medonte and The Oro-Medonte Chamber of Commerce. 164-171 k) By-Law No. 2009-133 A By-law to Authorize the Execution of An Agreement Between the The Corporation of the Township of Oro-Medonte and Joseph Donald Bosse and Pauline Ann Bosse. 172-183 1) By-Law No. 2009-134 A By-law to Repeal By-law 2007-057 and to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and PAUL MURRAY LANE and SUSAN LORRAINE LANE described as lands as follows: 113 Brambel Road, Lot 13 Plan Page 5 of 186 Council Agenda, September 23, 2009 Meeting. Page 18. BY-LAWS: 819 Former Township of Oro T/W R0812804; Township of Oro-Medonte, County of Simcoe PIN 58556-0117 (LT) Roll# 4346-010-008-08400 Township of Oro-Medonte, County of Simcoe. 184-185 m) By-Law No. 2009-135 Being a By-law to remove the Holding symbol applying to lands located at 113 Brambel Road Lotl3 Plan 819 Former Township of Oro T/W R0812804; Township of Oro-Medonte, County of Simcoe PIN 58556-0117 (LT) Roll# 4346-010-008- 08400 (Lane). 19. CONFIRMATION BY-LAW 186 a) By-Law No. 2009-120 Being a By-Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, September 23, 2009. 20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT a) Motion for Adjournment. Page 6 of 186 Agenda Item # 9a) - 7:00 p.m. Michael Coulton, re: 2273 Lakeshore Road East. As you may or may not know the Township of Oro-Medonte is trying to remove our community docks from the lake. The Township is enforcing By-Law No.99-50. I've included a copy of it. A regular Township Council meeting is scheduled for 7pm on September 23, 2009. At this time, I, Michael Coulton will be asking the council for permission to store the docks at their existing location for the winter. If time permits I would like to make a request to allow us to continue using the docks at the same location during the summer. Each presenter is only allowed 10 minutes so I don't know if I'll be able to make a request. Some of the points I'd like to make at the presentation are: 1. I don't think the By-Law has anything to do with the docks; it targets permanent objects such as buildings, bridges and fences. These docks are not encroaching on Township Property and are removable structures. 2. The docks have been safely used for over a decade without one single incident. 3. The Township has done nothing to maintain the area or access point; this has been carried out by the users and a kind neighbour who cuts the grass. 4. The majority of the docks are in waters that are not regulated by the Township. Only a fraction of the dock touches Township Property. 5. For 50 years the access area was for the exclusive use of a number of Lakeshore residences. It's only been the last few years that the Township has taken over ownership. Perhaps the land should revert back to those households. 6. The access area cannot be seen from the road. Only those individuals who know about its location use it. The Township doesn't have to worry about hoards of people from other locals using the location. 7. I don't believe the Township knew of the location or the fact that there were docks at the site. Perhaps they acted on a tip from a "neighbour" who has a grudge. This isn't fair to those people who use & maintain the area and have no direct dealings with the individual who contacted the Township. 8. If the Township is worried about a liability issue then a sign could be posted stating '`use at own risk; Oro-Medonte assumes no responsibility". This is done all the time when a new road goes into a sub-division, so why can't the docks be treated the same way? 9. Have the users sign a waiver; "use at own risk; Oro-Medonte assumes no responsibility". 10. The access area is limited to swimming & walking on the ice; no boat access / launchings or snowmobiles use the location. 11. If the Council is concerned with a liability issue then why is it okay in winter time for Snowmobiles and ATVs to access ice huts via the 12th Line or Little Road? If an accident occurred, isn't Oro-Medonte liable (because the Lake was accessed via Township land)? How is this different from our docks? In both examples individuals are crossing Township land to access the Lake. This area will always be used by a few residences, primarily for swimming. Oro-Medonte should make the right choice and work with us and allowing the docks to be used for summertime fun. Page 7 of 186 Agenda Item # 9a) - 7:00 p.m. Michael Coulton, re: 2273 Lakeshore Road East. SAVE OUR SUMMER FUN. SAVE OUR DOCK! To: Mr. Harry Hughes - Mayor-Township of Oro Medonte CC: Mr. Dwight Evens-Township of Oro Medonte - Councillor Ward 5. CC: Mr. Doug Irwin - Director of Corporate Services -Township of Oro Medonte CC: Members of Oro - Medonte Township Council. Thank you for taking the time to read this petition. We know it will meet with a positive response. It has come to our attention that the Township of Oro-Medonte is contemplating the removal of a communal dock at an access point between 2271 & 2275 Lakeshore Road East. Is this dock in Township waters? The undersigned use and maintain the public access point between 2271 & 2275 Lakeshore Road East. The upkeep of the point & dock are carried out by local users (with no intervention or cost to the Township) and the dock is safely stored during the winter season. This dock has provided and continues to provide a great sense of enjoyment & relaxation for multiple families and individuals. Only households within walking distance use the dock (no liability to the Township). To remove the dock would deprive local participants the pleasures of; letting our children experience beautiful Lake Simcoe, the ability to safely enter & exit the water, enjoy the company of neighbours and soaking up sum summer-time ray's by Simcoe's waters edge. From our knowledge there has never been a claim of liability and to remove the dock (due to a possible liability issue) is wrong! We ask the council this: when is enjoying the outdoors on a communal dock (maintained by those that only use it) a public liability? Page 8 of 186 Agenda Item # 9a) - 7:00 P.m. Michael Coulton, re: 2273 Lakeshore Road East. 1 01) t" r4xo~~v ~~ak~ < TD ~ 36d- ~a~~376dJ ~3 9x 5'~ l SbR a•Fa ~ ICL-e f1 U JA's i tdE Nei Cq2k yaw Aka 5*, L-t S -30V3 a 45k'7_ ? c~ ? 1c i~~ ko.4. / r yl ~~f o~ t Page 9 of 186 Agenda Item # 9a) - 7:00 p.m. Michael Coulton, re: 2273 Lakeshore Road East. `4. a... rJI THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 99-50 Being a By-law to provide policy for encroachments on road allowances and municipally owned property. WHEREAS Section 314(1) of the Municipal Act, R.S.O., 1990, c.M.45, as amended, provides that the councils of all municipalities may pass by-laws for prohibiting or regulating the obstructing, encumbering, injuring or fouling ofhighways or bridges; AND WHEREAS Section 314(4) ofthe Municipal Act, R.S.O., 1990, c.M.45, as amended, provides that the councils of all municipalities may pass by-laws for prohibiting the building or maintaining of fences on any highway; AND WHEREAS Section 2 of the Trespass to Property Act, R.S.O., 1990, c,T.21, provides that every person who engages in an activity on premises when the activity is prohibited may be guilty of an offence. AND WHEREAS Council of the Township of Oro-Medonte deems it appropriate to adopt a policy for encroachments on road allowances and municipally owned property; NOW THEREFORE Council of The Corporation of the Township of Oro-Medonte hereby enact as follows: 1. That Schedule "A" attached hereto forms part of this by-law. 2. That Schedule "A" attached hereto shall be the policy of the Township of Oro-Medonte with respect to encroachment on municipal land. 2. That this By-law shall come into full force and effect on its final passing thereof By-law read a first and second time this 19th day of May, 1999. By-law read a third time and finally passed this 19th day of May, 1999. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ,_.,/1 / v Mayor, Ian Beard _ Clerk, Cynda Aiken Page 10 of 186 Agenda Item # 9a) - 7:00 p.m. Michael Coulton, re: 2273 Lakeshore Road East. "17.i , so TOWNSHIP OF ORO-MEDONTE POLICY FOR ENCROACHMENTS ON ROAD ALLOWANCES AND MUNICIPALLY OWNED PROPERTY EVERY MUNICIPAL ROAD ALLOWANCE AND MUNICIPALLY OWNED PROPERTY SHALL BE FREE AND CLEAR OF ALL ENCROACHMENTS, IN ACCORDANCE WITH THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO.99- . EXISTING ENCROACHMENTS WILL BE DEALT WITH ON AN INDIVIDUAL BASIS BY ONE OF THE FOLLOWING OPTIONS: I, a) THE OWNER SHALL BE NOTIFIED OF THE ENCROACHMENT, BY REGISTERED MAIL, AND REQUESTED TO REMOVE SAME, AT THE OWNER'S EXPENSE, WITHIN THIRTY (30) DAYS, FROM DATE ON NOTICE. THIS TIME FRAME FOR REMOVAL OF THE ENCROACHEMENT, MAY CHANGE AT THE MUNICIPALITY'S DISCRETION. I. b) FAILING REMOVAL OF THE ENCROACHMENT BY THE OWNER WITHIN THE SPECIFIED TIME FRAME, THE ENCROACHMENT WILL BE REMOVED BY THE MUNICIPALITY WITH ALL ASSOCIATED COSTS TO BE BORNE BY THE OWNER. FAILURE TO REIMBURSE THE MUNICIPALITY WITHIN TWENTY- ONE (21) DAYS FROM THE DATE OF BILLING, WILL RESULT IN THESE COSTS BEING ADDED TO THE TAX ROLL, IN ACCORDANCE WITH THE MUNICIPAL ACT. 2. IF COUNCIL HAS DETERMINED THAT FUTURE USAGE OF THE ROAD ALLOWANCE OR MUNICIPALITY OWNED PROPERTY IS NOT REQUIRED BY THE MUNICIPALITY, COUNCIL MAY PASS A BY-LAW TO STOP UP AND CLOSE THE ROAD ALLOWANCE OR DEEM THE LANDS AS SURPLUS, AT THE OWNER'S EXPENSE, AND IN ACCORDANCE WITH THE REQUIREMENTS OF THE MUNICIPAL ACT, AND SELL THAT PORTION OF LAND TO THE OWNER, AT A PRICE TO BE DETERMINED BY COUNCIL. 3. THE MUNICIPALITY MAY CHOOSE TO ENTER INTO A LICENSE AGREEMENT WITH THE ENCROACHMENT OWNER AT A FEE TO BE DETERMINED BY THE MUNICIPALITY, WITH ANY ASSOCIATED COSTS TO BE BORNE BY THE OWNER Page 11 of 186 Agenda Item # 9a) - 7:00 p.m. Michael Coulton, re: 2273 Lakeshore Road East. Page 12 of 186 Agenda Item # 9a) - 7:00 p.m. Michael Coulton, re: 2273 Lakeshore Road East. I Page 13 of 186 Agenda Item # 9a) - 7:00 p.m. Michael Coulton, re: 2273 Lakeshore Road East. Page 14 of 186 Agenda Item # 9a) - 7:00 p.m. Michael Coulton, re: 2273 Lakeshore Road East. Page 15 of 186 Agenda Item # 10a) - Report No. DS 2009-60, Andria Leigh, Director of Development... T' REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS2009-060 Council Glenn White, Manager of Planning Services Meeting Date: Subject: Zoning By-law Motion # September 23, 2009 Amendment Application Rezoning of Poplar Road Roll Allowance (Jim Roth), 2009- R.M.S. File 010-010-08500 ZBA-09, Part of Registered D14- 039571 Plan 985 and also Lot 23 of Registered Plan 985,117 Poplar Crescent, Township of Oro-Medonte RECOMMENDATION(S): It is recommended: Requires Action For Information Only 1. THAT Report DS 2009-060 be received and adopted; and 2. THAT Zoning By-law Amendment Application 2009-ZBA-09 (Jim Roth), Part of Road Allowance known as Poplar Crescent, Part of Registered Plan 985, be zoned Shoreline Residential Exception (SR*) Zone and Lot 23 of Registered Plan 985, municipally known as 117 Poplar Crescent (Oro), Township of Oro-Medonte on Schedule A5 of Zoning By-law 97-95, as amended, be rezoned from Residential Limited Service Hold (RLS (H)) Zone to Shoreline Residential Exception (SR*190) Zone be approved; and 3. THAT the Clerk bring forward the appropriate By-law for Council's consideration. BACKGROUND: The purpose of this report is to consider the proposed amendment to the Township's Zoning By-law regarding the subject lands. The subject lands are part of a road allowance known as Poplar Crescent, being Part of Registered Plan 985 and also include Lot 23 of Registered Plan 985, municipally known as 117 Poplar Crescent, Township of Oro-Medonte. The lands are located north of Lakeshore Road, west of Line 10 and east of Poplar Crescent. DEVELOPMENT SERVICES Report No. DS2009-060 September 23, 2009 Page 1 of 7 Page 16 of 186 Agenda Item # 10a) - Report No. DS 2009-60, Andria Leigh, Director of Development... Council received a request to purchase the road allowance adjacent to 117 Poplar Crescent. Area residents whose property abutted the unopened road allowance were contacted and asked to advise the Township if they had any comments in regard to the request. No comments or objections were received and it was determined that the road allowance was surplus. On September 9, 2009, Council passed By-law 2009-115, a By-law to permanently close and sell part of the Poplar Crescent road allowance As indicated on the zoning schedules of Zoning By-law 97-95, as amended, road allowances are not zoned, thus the need to zone the lands. The subject road allowance is intended to be added the abutting lot, 117 Poplar Crescent, therefore the necessity to zone both parcels the same residential zoning, Shoreline Residential Exception (SR") Zone. ANALYSIS: On September 9, 2009, a Public Meeting was held to obtain comments on the proposed Zoning By-law Amendment Application 2009-ZBA-09. No one spoke at the Public Meeting in opposition or in support. As noted above, the land being part of the road allowance will be added to the lands of Lot 23, Registered Plan 985, known as 117 Poplar Crescent. By-law 2009-115, contains a clause which states that the road allowance lands will be merge with the abutting lands being 117 Poplar Crescent. The registered owner of 117 Poplar Crescent (Jim Roth and Beverly Dunnett) are required to bring an Application under the Land Titles Act, R.S.O. 1990, as amended, to consolidate the parcels to one property Identifier Number, thus the need to zone both parcels with the same residential zone, Shoreline Residential Exception (SR*190) Zone. It is noted that at this time, 117 Poplar Crescent does not had direct frontage onto a public road. The addition of the road allowance to their property would provide them with the required lot frontage onto a public road as per Section 5.10 of the Zoning By- law 97-95, as amended. It is further noted that the size of the road allowance parcel is approximately 20m frontage by 50m depth resulting in an area of 1,000sq.m. or 0.1 hectare. The Zoning By-law requires a minimum lot frontage of 30 metres and lot area of 0.2 hectares. The road allowance parcel by itself does not conform with the minimum lot frontage and lot area requirement of the Zoning By-law. Once merged with 117 Poplar, the resulting lot will exceed the minimum lot area, however will still not meet the minimum lot frontage requirement of 30 metres. An exception to the minimum lot frontage requirement (20m rather than 30m) will be required in the amending Zoning By-law. The purchasers (Jim Roth and Beverly Dunnett) have proposed to build a 9.1m by 12.2m (30ft x 40ft) garage located at the easterly end of the road allowance parcel. The resulting floor area of garage is 111.5 sq.m. (1,200 sq.ft.). The maximum floor area of detached garage contained in the Zoning By-law is 70 sq.m. (753.5 sq.ft.). This would require a zoning exception in the amending Zoning By-law. Once the two parcels are merged together, the proposed garage location would also be located in the front yard. DEVELOPMENT SERVICES September 23, 2009 Report No. DS2009-060 Page 2 of 7 Page 17 of 186 Agenda Item # 10a) - Report No. DS 2009-60, Andria Leigh, Director of Development... This is contrary to the Zoning By-law requirement and requires another exception to the Zoning By-law. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Township of Oro-Medonte Official Plan: The subject lands are designated "Shoreline" by the Township of Oro-Medonte Official Plan. The "Shoreline" designation permits single detached dwellings and accessory structures associated with the residential use. The resulting residential lot will still be in character with other lots in the "Shoreline" designation. Zoning By-law 97-95: Zoning Amendment Application 2009-ZBA-09 proposes the Shoreline Residential (SR) zoning category for the resulting lot to be consistent with the "Shoreline" Official Plan designation. The road allowance parcel would be zoned Shoreline Residential (SR) zone where it is not zoned by the existing Zoning By-law and the existing residential lands, 117 Poplar Crescent will be rezoned from Residential Limited Service Hold (RLS (H)) Zone to Shoreline Residential (SR) Zone. As noted above, the resulting lot will require exceptions to the Shoreline Residential (SR) Zone. The resulting lot will have appropriately 20 metre frontage onto Poplar Crescent, where the Zoning By-law requires a minimum lot frontage of 30 metres. Also, the applicant is proposing a detached garage having a floor area of 111.5 sq.m. (1200 sq.ft.) rather than the maximum floor area for an accessory building which is 70 sq.m. (753.5 sq.ft.). Finally, given the resulting L-shaping of the new lot, the proposed garage location would be in the front yard which is not permitted by Section 5.1.3 of the Zoning By-law. Given the location and design of the existing dwelling it would be difficult to locate a detached garage to the side or at the rear of the dwelling. The proposed garage location would take advantage of the driveway location from Poplar Crescent to the garage. Finally, the applicant is also requesting the building height of the garage to be 5.48 metres (18 feet) rather than the required 4.5 metres (14.7 ft.). Planning staff have no objections or concerns with the exception to allow the proposed garage location in the front yard or the exception to recognize the existing width of the road allowance as the lot frontage or the proposed building height of 5.48 metres. However, staff has concerns regarding the proposed garage floor area of 111.5 sq.m. (1200 sq.ft.) rather than the maximum floor area permitted by the Zoning By-law being 70 sq.m. (753.5 sq.ft.). Planning staff suggest that a maximum floor area of 92.9 sq.m (1,000 sq.ft.) for the detached garage is a more appropriate maximum floor area for this lot in this residential neighbourhood. This represents 9.23 percent lot coverage of the road allowance parcel instead of the 11.1 percent lot coverage of the applicant's DEVELOPMENT SERVICES September 23, 2009 Report No. DS2009-060 Page 3 of 7 Page 18 of 186 Agenda Item # 10a) - Report No. DS 2009-60, Andria Leigh, Director of Development... proposed garage floor area. The recommended 92.9 sq.m. floor area for the new detached garage plus an existing detached garage located on 117 Poplar Crescent results in approximately 7% lot coverage for both garages on the total new resulting lot. Zoning By-law 97-95, as amended states that the maximum lot coverage of all detached accessory buildings and structures on a lot excluding boathouses, is 5 percent. The calculation of the existing garage is approximate so staff recommend 7.5% lot coverage exception be included in the amending By-law to provide so flexibility for the approximation in floor area of the existing garage. CONSULTATIONS: Clerks Department ATTACHMENTS: Attachment #1 Location Map Attachment #2 Site plan of the Proposed Garage Attachment #3 Garage building front and side elevation CONCLUSION: The proposed Zoning By-law Amendment conforms to the general intent of the Official Plan. Planning staff supports the zoning of the resulting lot to Shoreline Residential Exception (SR*) Zone and the required exceptions to the Zoning By-law to facilitate the addition of the road allowance to 117 Poplar Crescent and the proposed detached garage except for the proposed floor area of 111.5 sq.m. Planning staff recommend a maximum floor area for the detached garage to be 92.9 sq.m. (1,000 sq. ft.). Respectfully submitted: Glenn White, MCI PP Manager of Planning Services SMT Approval / Comments: ,r -zee C.A.O. Approval / Comments: -1 DEVELOPMENT SERVICES Report No. DS2009-060 September 23, 2009 Page 4 of 7 Page 19 of 186 Agenda Item # 10a) - Report No. DS 2009-60, Andria Leigh, Director of Development... ATTACHMENT 1: LOCATION MAP LU Z J € OPLAF.-CRES.GENT i i {yam Lands to be rezoned to Shoreline Residential Exception 190 (SR*190) DEVELOPMENT SERVICES September 23, 2009 Report No. DS2009-060 Page 5 of 7 Page 20 of 186 Agenda Item # 1Oa) - Report No. DS 2009-60, Andria Leigh, Director of Development... ATTACHMENT 2: GARAGE SITE PLAN . ~ zo z 4. ~ H wt 5. `iQ Y,.y fiWiY~sED 3ox4o rrA4q~'i4'. l2.iq~ S\m Qd-YS-1 111 FoP44'R>A C,t~.. s sg t p.9 3 v 31,b`,n L G kil S ,Y z:o. o ~nA aP t vG Cwt.: ~aT DEVELOPMENT SERVICES September 23, 2009 Report No. DS2009-060 Page 6 of 7 Page 21 of 186 Agenda Item # 10a) - Report No. DS 2009-60, Andria Leigh, Director of Development... ATTACHMENT 3: GARAGE BUILDING FRONT & SIDE ELEVATIONS DEVELOPMENT SERVICES September 23, 2009 Report No. DS2009-060 Page 7 of 7 Page 22 of 186 Agenda Item # 10b) - Report No. DS 2009-61, Andria Leigh, Director of Development... Ioe:»x;;ip u; , CSl~; c~r1`z t, cr, Pro~cd f/=rituyr. Exi~iery Pu!att Report No. DS 2009-061 Meeting Date: September 23, 2009 Roll 4346-030-012-0220 TOWNSHIP OF ORO-MEDONTE REPORT To: Council Subject: Zoning By-law Amendment 2009-ZBA-12 (911214 Ontario Ltd) Part of Lot 15, Concession 1 5219 Highway 11 (Formerly Orillia Township) Prepared By: Steven Farquharson, Intermediate Planner Motion # R.M.S. File D14 39570 RECOMMENDATION(S): It is recommended: Requires Action For Information Only 1. THAT Report DS 2009-061 be received and adopted; 2. THAT Zoning By-law Amendment Application 2009-ZBA-12 for 911214 Ontario Ltd, Part of Lot 15, Concession 1, Township of Oro-Medonte, (Former Orillia Township) on Schedule All on the Zoning By-law 97-95 (as amended) from Agricultural/Rural (A/RU) Zone to General Commercial (GC) be approved; and THAT the Clerk brings forward the appropriate By-law for Council's consideration. BACKGROUND: The purpose of this report is to consider a proposed Zoning By-law Amendment Application submitted by 911214 Ontario Ltd. This rezoning application has been submitted to fulfill a condition of approval for Consent Applications 2009-B-13, which was granted by the Committee of Adjustment on May 21, 2009. The applicant's lands are located at, Part of Lot 15, Concession 1, east of Line 14 South, and on the south side of Highway 11, municipally known as 5219 Highway 11 North. The purpose of the lot addition (Consent Application 2009-B-13), was that the current property is mostly occupied by the septic system, which does not allow for an expansion of the existing commercial buidings. The applicant wishes to utilize the subject lands for a commercial use which has not been determined at this time. ANALYSIS: As part of the Committee of Adjustment Provisional Consent approval, the applicant was required to apply for a rezoning for the portion of land that was added to 5219 Highway 11. The conveyed 0.46 hectares of land is currently zoned AgriculturaU Rural Development Services Report No. DS 2009-061 Meeting Date September 23, 2009 Page 1 of 5 Page 23 of 186 Agenda Item # 10b) - Report No. DS 2009-61, Andria Leigh, Director of Development... (A/RU) Zone, and is required to be rezoned General Commercial (GC) Zone to be consistent with the enhanced lands. A public meeting was held on September 9th, 2009 to receive comments from members of the public and relevant agencies. No one spoke at the public meeting. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Township of Oro-Medonte Official Plan: The proposed area in which the applicant is proposing to utilize for a commercial use is located in the "Commercial" and "Restricted Rural" designation. Due to the subject lands having a split designation in the Official Plan, Section E1.8, applies to the lands. This Section of the Official Plan states: "Where the general intent of the document is maintained, minor adjustments to boundaries will not require amendment to this Plan" An objective of the Restricted Rural designation is to discourage the development of scattered residential, commercial and industrial uses in the area surrounding Barrie and Orillia. The subject property is located in a concentration of commercial activities along Highway 11. The proposed rezoning would add lot area to the existing commercial land use, and therefore the general intent of the Official Plan is maintained. Section C9 of the Official Plan lists the objectives of the Commercial designation: To ensure that commercial uses are advantage of existing infrastructure To ensure that new commercial uses corridor or designated settlement areas. sited at appropriate locations that take are directed towards the Highway 11 The permitted uses within the Commercial designation include service stations, new vehicle dealerships, restaurants, retail stores, personal service shops, financial service establishments, commercial nurseries and building supply establishments. As such, the application to rezone the lands to permit a future intended commercial use, constitutes a permitted use in accordance with the Commercial policies of the Official Plan. Zoning By-law 97-95: The proposed lands are zoned Agricultural/Rural Zone (A/RU), however the remaining portions of the property are zoned General Commercial (GC) Zone. To be consistent, the lands, conveyed as a result of Consent Application 2009-B-13, should be rezoned to General Commercial (GC) Zone to reflect the future intended commercial use. This commercial zone would be in keeping with the character of the surrounding land uses. Development Services Report No. DS 2009-061 Meeting Date September 23, 2009 Page 2 of 5 Page 24 of 186 Agenda Item # 10b) - Report No. DS 2009-61, Andria Leigh, Director of Development... With respect to the requirements of the General Commercial (GC) Zone, the minimum frontage required in the GC Zone is 60 metres, and the minimum lot area is 0.37 hectares. The resulting lot after the two parcels were merged complies with the minimum lot frontage and minimum lot area of the General Commercial (GC) Zone as required by the Comprehensive Zoning By-law 97-95. Countv Official Plan In analyzing this Zoning By-law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The County Plan also contains General Development Policies and Guidelines which are found in Section 4.3. These policies are focused more on the design and layout of proposed developments. The policies require that proposed developments consider: the minimization of removal of natural vegetation, and the scale and pattern of development being compatible with the character of the existing area. The proposed rezoning of the lands has been determined that it conforms to the policies of the County Plan. The adopted County Plan continues to include the policies discussed above and therefore, it is our opinion that the proposed development general conforms to the policies of both County Official Plans (approved and adopted). Provincial Policv Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 1.3 states that Planning authorities shall promote economic development and competitiveness by providing for an appropriate mix of range of employment (including industrial, commercial and institutional uses) to meet long-term needs. Since the lands are located along the Highway 11 corridor, the proposed lands would encompass the long term commercial needs as directed within the PPS. In Policy 1.6, "Infrastructure and Public Service Facilities", addresses issues such as the use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. The applicant is proposing to have the lot serviced by an individual well and private septic system. The proposed Amendment to the Zoning By-law is considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.6 Employment Lands subsection (2a), states that municipalities will promote economic development and competitiveness by a) providing an appropriate mix of employment uses including industrial, commercial and institutional uses to meet long term needs. Due to the lands being located along the Development Services Report No. DS 2009-061 Meeting Date September 23, 2009 Page 3 of 5 Page 25 of 186 Agenda Item # 10b) - Report No. DS 2009-61, Andria Leigh, Director of Development... Highway 11 Corridor, which includes residential, commercial, industrial and institutional uses, the proposed rezoning of the lands satisfies this policy. Also, within 2.2.6 subsection (2b) states that the municipality will provide opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment use which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses. Policy 2.2.6 subsection (2c) states that municipalities will plan for, protecting and preserving employment area for current and forecasted employment needs. Both policies, allow for the municipality to move forward in preserving employment lands for commercial uses. The applicant has indicated that a type of commercial use has not been determined to date, but would like to have the appropriate zoning in place for the future intended commercial use. Given that the proposed commercial development is located in a concentration of commercial activities along Highway 11, the application would satisfy this policy. Based on the above, the application to amend the Zoning By-law, would generally conform with the Place to Grow legislation. CONSULTATIONS: County of Simcoe- No Comment Simcoe County District School Board- No Objection (See Attached) Lake Simcoe Region Conservation Authority- No Comment Ministry of Transportation- No objection in principle (See Attached) ATTACHMENTS: Schedule 1: Proposed Zoning Map CONCLUSION: The Zoning Amendment application proposes a commercial use for the subject lands municipally known as 5219 Highway 11 North. The proposed Zoning By-law Amendment conforms to the general intent of the Official Plan and the provisions of the Zoning By-law. On this basis, it is recommended that Zoning By-law Amendment Application 2009-ZBA-12 be approved and adopted by Council. The Zoning By-law Amendment is attached for the Council's reference. Respectfully submitted: Steven arquharson, B.URPL Intermediate Planner Reviewed by: Glenn White, , Manager, Planning Services SMT Approval / Comments: ~n Development Services Report No. DS 2009-061 C.A.O. Approval / Comments: Meeting Date September 23, 2009 Page 4 of 5 Page 26 of 186 Agenda Item # 10b) - Report No. DS 2009-61, Andria Leigh, Director of Development... SCHEDULE 1: LOCATION MAP 2009-ZBA-12 (911214 Ontario Ltd) z LANDS TO BE REZONED ENHANCED LOT Development Services Report No. DS 2009-061 4 20 40 80 120 160 00:3~ esters Meeting Date September 23, 2009 Page 5 of 5 Page 27 of 186 Agenda Item # 10c) - Report No. DS 2009-62, Andria Leigh, Director of Development... REPORT Proud Heritage, Exciting Future Report No. DS2009-062 Meeting Date: September 23, 2009 Roll 4346-010-009-05200 4346-010-009-07500 To: Council Subject: Temporary Use By- law Application 2009-ZBA-014, 576487 Ontario Limited, 241 Line 7 South & 229 Line 8 South Concession 8, Part of Lot 22 and Concession 9, West Part of Lot 22 (Former Township of Oro), Township of Oro-Medonte RECOMMENDATION(S): It is recommended: Prepared By: Andria Leigh, Director of Development Services Motion # R.M.S. File D14 39643 Requires ActionX For Information Only 1. THAT Report DS 2009-062 be received and adopted; and 2. THAT Temporary Use By-law Application 2009-ZBA-014 for 576487 Ontario Limited, 241 Line 7 South & 229 Line 8 South Concession 8, Part of Lot 22 and Concession 9, West Part of Lot 22 on Schedule A18 of Zoning By-law 97-95, as amended, to permit overnight camping and overflow parking from September 25, 2009 through to September 26, 2009 be received; and 3. THAT the Clerk bring forward the appropriate By-law for Council's consideration BACKGROUND: The purpose of this report is to consider the proposed Temporary Use By-law Application to permit overnight camping and overflow parking associated with the adjacent special events park property from September 25-26, 2009. The lands are located east of Line 7 South and Line 8 South, being Part of Lot 22, Concession 8 and Part of Lot 22, Concession 9 respectively as identified on Attachment #1 of this report. Onsite parking and overnight camping are proposed to occur on the identified lands in addition to the uses occurring on the adjacent special events park use for a country festival occurring on September 25, 2009. DEVELOPMENT SERVICES Report No. DS2009-062 September 23, 2009 Page 1 of 6 Page 28 of 186 Agenda Item # 10c) - Report No. DS 2009-62, Andria Leigh, Director of Development... The country festival takes place at Burl's Creek Event Park on Friday September 25 with the initial band beginning at 2:30 p.m. and the headline act taking the stage at 8:00 p.m. It is anticipated that there will be approximately 50,000 event attendees. Overnight camping is being provided for this event and given the scale of the event the applicant has requested a temporary use to permit overnight camping and overflow parking on the adjacent lands identified in Attachment #1. ANALYSIS: The entrance to the music festival is proposed to be located at the north-east section of the property with driveway access from Line 14 North. This area of the property will contain the main entrance and security point along with designated parking area. The music stage, camping area, charity and food vendors and beer garden will be located at the westerly end of the property. The main stage is rented through True North Music and is a trailer that folds out to be a stage. The existing dwelling, barn and accessory buildings will be off limits to people attending the festival. On-site camping is being encouraged to reduce the amount of incoming and outgoing traffic. A $5.00 parking charge is proposed at the designated parking area and a $ 20.00 overnight camping charge is proposed. Both the camping and parking area will have security present at all times. It is proposed that there will be no parking on any local streets, and only within the designated parking areas on the site. Planning staff have circulated the application internally and none of the departments have indicated a concern with the proposed temporary uses for overflow parking and overnight camping for the lands identified in Attachment #1. FINANCIAL: Not applicable. POLICIES&EGISLATION: Township of Oro-Medonte Official Plan: The subject lands are designated "Agricultural" by the Township of Oro-Medonte Official Plan. The Agricultural designation does not recognize the proposed temporary uses including overflow parking and overnight camping accessory to the adjacent special events park. However, Section E1.2 "Temporary Use By-laws" provides the municipality with the authority to pass temporary use by-laws permitting temporary housing, temporary accommodation facilities, tourist uses and facilities, parking lots, and events. The proposed overflow parking and overnight camping associated with a permitted special DEVELOPMENT SERVICES September 23, 2009 Report No. DS2009-062 Page 2 of 6 Page 29 of 186 Agenda Item # 10c) - Report No. DS 2009-62, Andria Leigh, Director of Development... event generally conforms to the intent of the Official Plan as it relates to a Temporary Use By-law. These temporary uses may be authorized for a specific time period up to three years and should be applied where it is considered inappropriate by the municipality to permit the proposed use on a permanent or continuing basis and where alternatives such as relocation are not practical. Subsequent by-laws granting extensions of up to three years may be passed by Council. The Official Plan policies further state that prior to the approval of a Temporary Use By- law, Council shall be satisfied that the following principles and criteria are met: a) The proposed use shall be of a temporary nature and shall not entail any major construction or investment on the part of the owner; - No structures are required or proposed with the temporary use of the lands for overflow parking and overnight camping. b) The proposed use shall be compatible with adjacent land uses and the character of the surrounding neighbourhood; - The special event that is associated with the temporary use proposed is permitted under the Towsnhip's zoning by-law and includes the temporary uses for parking and camping proposed on the subject lands. The additional lands owned by the applicant are required at such time as larger events are proposed on the special events park. c) The proposed use shall not require the extension or expansion of existing municipal services; Existing roads will be utilized for access to and from the event, parking, and camping locations for extension or expansion of municipal services is required. d) The proposed use shall not create any traffic circulation problems within the area nor shall it adversely affect the volume and/or type of traffic serviced by the area's roads; - On- site parking will be provided with on-site camping to encourage that cars remain on site, the proposed temporary use is intended to provide additional lands for parking to occur to ensure that traffic congestion is minimized. Food vendors will also be present to encourage people to stay on site for meals. e) Parking facilities required by the proposed use shall be provided entirely on-site. - Parking facilities are already contained on the special events park property, additional parking is proposed through this temporary use by- law to ensure all parking can be accommodated on site for this larger scale event f) The proposed use shall not warrant the need for road improvements during the term of the use; Both Line 7 South and Line S South are improved and accommodate existing special events in the area; no road improvements are proposed or necessary for the temporary use to include overflow parking and overnight camping. DEVELOPMENT SERVICES September 23, 2009 Report No. DS2009-062 Page 3 of 6 Page 30 of 186 Agenda Item # 10c) - Report No. DS 2009-62, Andria Leigh, Director of Development... g) The proposed use shall generally be beneficial to the neighbourhood or the community as a whole. - The temporary use provides for overflow parking and overnight camping associated with special events. These special events support local business and encourage event participant to utilize local services over a two day period. Food vendors within the special event park support local businesses. The Temporary Use By-law which proposed overflow parking and overnight camping accessory to the adjacent special events park generally conforms to above noted policies Zonin❑ By-law 97-95: The subject parcels of land are presently zoned AgriculturaURural (A/RU) Zone. The proposed use for overnight camping, overflow parking and ancillary uses associated with the adjacent special events park are not recognized as permitted uses in the A/RU Zone and therefore requires the Temporary Use By-law to be considered by Council. The Temporary Use By-law would allow the proposed uses music festival for this one time and then provide Council and the community the opportunity to evaluate the event and determine if it is appropriate in this format on these lands. Council could choose to allow the temporary use to continue for up to three additional years before the applicant would have to apply for permanent land use permission under the Zoning By-law, thus requiring full review and the holding of a public meeting under the Planning Act. CONSULTATIONS: Township Departments: Building Division, Transportation & Environmental Services, Fire and Emergency Services. ATTACHMENTS: Attachment #1 Location Map DEVELOPMENT SERVICES September 23, 2009 Report No. DS2009-062 Page 4 of 6 Page 31 of 186 Agenda Item # 10c) - Report No. DS 2009-62, Andria Leigh, Director of Development... CONCLUSION: The proposed Temporary Use By-law request generally conforms to the intent Official Plan and would be ancillary to the existing permitted use on the adjacent special events park property. The long term use of these lands for these uses should be evaluated subsequent to the initial temporary use permission to determine their appropriateness. On this basis, it is recommended that Zoning By-law Amendment Application 2009- ZBA-014, be approved by Council. Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services SMT Aaaroval / Comments: DEVELOPMENT SERVICES Report No. DS2009-062 C.A.O. Armroval / Comments: September 23, 2009 Page 5 of 6 Page 32 of 186 Agenda Item # 10c) - Report No. DS 2009-62, Andria Leigh, Director of Development... ATTACHMENT 1: LOCATION MAP 2009-ZBA-014 III I PROPOSED LOCATION FOR TEMPORARY CAMPING co [J.9' F~ 1~ fL ICY ~I LL- . l f { f C Fr- r 0 170 340 680 '1,020 1,360 2. TUf~HOPE B0 LEVA# D Meters ~LI 111-1-1111-1-1 1111-I T (old DEVELOPMENT SERVICES September 23, 2009 Report No. DS2009-062 Page 6 of 6 Page 33 of 186 Agenda Item # 10d) - Memorandum correspondence dated September 23, 2009 from Andr... Township of MEMORANDUM Proud I-.tH tage, Exciting Future To: Council From: Andria Leigh, Director of R.M. File Development Services Date: September 23, 2009 Roll Subject: Development Application Review Process This memo is intended to follow up from the Council resolution adopted September 9 which determined that the development application review function would be conducted by Council. In order to provide for an efficient and streamlined review process it is recommended that dedicated time be identified each month for consideration of planning matters. This would include consideration of planning reports, delegations by applicants, statutory public meetings, amongst other matters. A dedicate time allows for both Council members and staff to plan appropriately for items to be brought forward at these schedule meetings. It is recommended by staff that this meeting be scheduled prior to the Council meeting held on the 4t" Wednesday of the month between 5-7 p.m. This would allow the scheduling of public meetings at a time when residents are in a position to attend after their work hours but would not provide additional delay to the current Council meeting matters with the scheduling of public meetings on the current meeting schedule. Should there be specific planning matter which is time sensitive this could be brought forward on a site specific basis earlier in the month at the regularly scheduled meetings. It is recommended that this memo be received and that staff proceed with the scheduling of planning matters at a meeting scheduled for the 4th Wednesday of each month beginning at 5 p.m. Respectfully submitted, Andria Leigh, MCI , RPP Director of Development Services Page 34 of 186 Agenda Item # 10e) - Memorandum from Jerry Ball, Director of Transportation and E... 115 Sandfoid Flening D~iue. 511 1 e 2G0 Collingwoad. Ontano LOY 5A6 C.C.Tatham & Associates Ltd. Consulting Engineers cc%ingv)ooq Btacelmdye O ~IIc; Bciriy September 23, 2009 Jerry Ball Director of Transportation and Environmental Services Township of Oro-Medonte 128 Line 7 South, PO Box 100 Oro, ON LOL 2X0 Re: Speed Limit Study Proposed Study Framework & Methodology Dear Jerry: 1eL iM5) 441-2665 Fax. (7051 441-2321 Email_ lnfo~acct~than (,o,n Web' v;wrv celLdWaui co,n via email: j ball @oro-medon te.ca CCTA File 109000 Further to our discussions and meeting, we understand that there have been numerous resident concerns expressed with respect to travel speeds on Township roads following their upgrade from a gravel to paved surface. Although not specifically posted, the speed limit within the Township is 80 km/h unless otherwise posted (eg. community safety zones are posted at 40 km/h). Following the paving of certain gravel roads, travel speeds are reported to have increased. In response to this, the Township wishes to review the current speed limits and determine what measures, if any, are appropriate to ensure that travel speeds are maintained at previous levels leg. measures to ensure the current 80 km/h speed limit is followed). In addition, the review would address the need to consider reducing the speed limit as dictated by various factors as discussed below. The scale of this undertaking could be significant in consideration of the Township's 615 km of road system and thus we have established several approaches that could be employed. Approach 1: Establish Basic Guidelines & Criteria Only Under Approach 1, we would establish and document guidelines and criteria to review road sections and determine the appropriateness of the existing speed limit and need for additional measures. Such a review could be done as resident concerns are identified, following the paving of a gravel road and/or on a Township wide basis as a future task. Guidelines and criteria would focus on the following: • actual travel speeds; Consulting t'rokssianal Engineers Authorized by the Association of Professional Engneers of Ontario to offer F rofessianal engineering services. ~ Engineers of ( lnrarin Onto ria Page 35 of 186 Agenda Item # 10e) - Memorandum from Jerry Ball, Director of Transportation and E... design speed of the existing road, as dictated by the horizontal and vertical geometry; • sight lines along the road and at intersections; • consultation with the OPP regarding enforcement; • accident records; abutting land uses and densities; and • range of road users (eg. pedestrians, cyclists, automobiles and trucks). The above would reflect standard design practices and thus would be limited to a "desk-top" exercise, with the report containing the recommended guidelines being completed for $2,500. Approach 2: Establish Basic Guidelines & Criteria + Limited Study Approach 2 would include the development of the guidelines and criteria as detailed in Approach 1, followed by the application of such to a limited number of road sections. The road sections to be addressed would be determined in conjunction with the Township and should include those road sections recently resurfaced for which resident complaints have been received, Under this approach, the following additional tasks would be completed for each identified road section: inventory the road section to include its vertical and horizontal alignment and development nature and density; • conduct traffic and speed counts (it is assumed that these would be completed by the Township using appropriate counters); • determine the existing design speed and comparison to the otherwise assumed 80 km(h speed limit; • assess the existing sight lines along the road in consideration of traffic volumes, and the number of intersecting driveways and roads; • compile and review accident history; and provide a report with a recommendation regarding the suitability of the existing speed limit and the need for additional measures (eg. reduced speed limits, additional signage, traffic calming, etc.). The associated cost to complete Approach 2 would be dependent upon the number of road sections to be considered. However, we are confident a representative sample across the Township could be evaluated and reported on for a budget of $12,500. Jerry Ball Page 2 of 4 Township of Oro-Medonte September 23, 2009 Page 36 of 186 Agenda Item # 10e) - Memorandum from Jerry Ball, Director of Transportation and E... Approach 3: Establish Basic Guidelines & Criteria + Full Study Approach 3 would include development of the guidelines and criteria and application of such to the entire 615 kilometre Township road system (ie. review and assessment of each Township road). Following completion of the review, the study would outline recommendations for improvements and summary of speed limits as dictated primarily by actual travel speeds, road alignment, sight lines and road users. In consideration of the final recommendations, the appropriateness of a "Township wide" recommendation would be reviewed (ie. reduce the speed limit throughout the Town to a common speed) as opposed to separate recommendations for individual road sections. Further to the road section reviews, this approach would also include the following: • further consultation with the OPP to address enforcement issues (excessive speeds are in essence a matter of enforcement and should not otherwise be addressed through reductions in speed limits, particularly in areas where effective enforcement is not possible or cost effective); • public information centre to solicit public input on the study recommendations; and • presentation to Township Council. We estimate a budget of $40,000 would be required for Approach 3 given the extensive field work and alignment reviews necessary to encompass the entire Township road system. Closing It is apparent the underlying issue is increased travel speeds (ie. beyond 80 km/h) on those roads that have been recently paved. As there were no resident complaints received prior to the paving, it can be assumed that there are no issues with the existing 80 km/h speed limit (which was effectively controlled by the gravel road surface) - only speeds in excess of this. The problem is therefore motorist behaviour, with the most appropriate solution being increased enforcement. While reducing the speed limit may appease resident concerns, motorists are likely to travel at speeds dictated by the road geometry. Therefore, a reduction to a posted speed of 60 km/h for example is unlikely to result in actual travel speeds of 60 km/h, unless accompanied by appropriate enforcement. However, some reduction is likely in that motorists will only exceed the posted speed by a finite amount. One further note is that based on our knowledge of the Township's road system, there are likely to be numerous road sections and intersections whose current alignments do not comply with the standard design criteria for an 80 km/h speed limit, or possibly even 60 km/h. These will become apparent during this study and upon identification, may warrant appropriate mitigation through reconstruction to address public safety and liability. Jerry Ball Page 3 of 4 Township of Oro-Medonte September 23, 2009 Page 37 of 186 Agenda Item # 10e) - Memorandum from Jerry Ball, Director of Transportation and E... It would be our suggestion that the Township consider Approach 2 at this time, which should provide the initial answers to solving the problem without initiating the more significant and costly Township wide study. We would very much appreciate the opportunity to work with the Township on this assignment and are available to develop a more detailed work program and fee estimate as required. In the meantime, should you have any comments or questions, please do not hesitate to contact us. Yours truly, C.C. Tatham & Associates Ltd. Michael Cullip, P.Eng Director, Manager - Transpbrtation Engineering MJC:m}c (.12009 Projeots1109000 - GenerallProposalslTransportation~Oro-Medonte speed Ilrrit study docx Jerry Ball Page 4 of 4 Township of Oro-Medonte September 23, 2009 Page 38 of 186 Agenda Item # 1 Of) - Doug Irwin, Director of Corporate Services/Clerk, re: Sign-B... Township of REPORT Proud Heritage, Exciting Future Report No. To: CS 2009-029 Council Meeting Date: Subject: September 23, 2009 Sign By-law Roll RECOMMENDATION(S): It is recommended that: Requires Action 1. Report No. CS2009-029 Be received and adopted. Prepared By: Doug Irwin Motion # R.M.S. File For Information Only 2. That the Township place the appropriate signage at Line 3 North and Bass Lake Sideroad to identify the jog in the road. 3. And that the business owner be encouraged to seek a permanent sign location on private property, and advised to discontinue the placement of signs on Township property. BACKGROUND: The Township's current Sign By-law No. 2005-118 was enacted on the 16th day of November 2005. Section 6.4 of the By-law provides the regulations with respect to Home Occupation Signs permitted by permit in Residential Zones. Section 5 of the By-law identifies Prohibited Signs. This section contains the following provisions: • Signs on or over public property or public rights-of-way, unless erected and approved in writing by a government agency having jurisdiction. • Signs painted on, attached to, or supported by a tree, stone, or other natural object, or utility pole located on a Township road allowance and/or public lands. Corporate Services - Clerk's Office Report No. CS2009-029 September 23, 2009 Page 1 of 3 Page 39 of 186 Agenda Item # 1 Of) - Doug Irwin, Director of Corporate Services/Clerk, re: Sign-B... The Sign By-law contains a section that requires permits to be obtained to erect, display, repair, or alter a sign, except for the signs permitted without a permit in the By- law. Over the past month, the Township's Municipal Law Enforcement Officers have removed approximately 400 signs which were located on Township property and attached to poles and trees or on stakes in the ground. At its meeting of September 16, 2009, Council conveyed concern from a resident operating a Home Occupation who wanted to place sandwich board type signs on municipal roads to direct customers to their business. ANALYSIS: The Chief Municipal Law Enforcement Officer spoke with the business owner when they were found placing one of their sandwich board signs on the shoulder of Bass Lake Sideroad and Line 3 North. The Chief Municipal Law Enforcement Officer advised the business owner that they could not place the signs on Township property. The business owner stated that their customers had problems getting to their business as Line 3 North jogs at Bass Lake Sideroad and the Township road signs do not identify this jog in the road, so their customers become confused and get lost trying to locate their business. The Chief Municipal Law Enforcement Officer did suggest to the business owner to contact property owners in the area to determine if the business owner would be able to place a permanent sign on their property. The Chief Municipal Law Enforcement Officer allowed the business owner to leave the signs for the day. The business owner advised the Chief Municipal Law Enforcement Officer that they would not put the signs out again. Some weeks after the conversation with the business owner, the Municipal Law Enforcement Officer observed the signs be placed at the same locations. The business owner indicated to the Chief Municipal Law Enforcement Officer that signage at Line 3 North and Bass Lake Sideroad identifying the jog in the road, would meet the business owner's concerns. It should be noted that the business owner also places sandwich board type signs on Horseshoe Valley Road across from Line 3 North, Old Barrie Road and Line 3 North, and Old Barrie Road and Penetanguishene Road. Horseshoe Valley Road, Old Barrie Road and Penetanguishene Road are the under the jurisdiction of the County of Simcoe. As information, the Township did advise a refreshment vehicle located on Penetanguishene Road that they were not allowed to place a sandwich board type sign at the edge of the roadway, and they have complied. Corporate Services - Clerk's Office September 23, 2009 Report No. CS2009-029 Page 2 of 3 Page 40 of 186 Agenda Item # 1 Of) - Doug Irwin, Director of Corporate Services/Clerk, re: Sign-B... Should an exemption be granted to allow the business owner to place sandwich board type signs on the Township roads, a precedent will be created which will allow others to request exemptions, thus making the Sign By-law difficult to enforce. FINANCIAL: • Not applicable. POLICIES/LEGISLATION: • By-law No. 2005-118, Being a By-law to Regulate Signs and other Advertising Devices CONSULTATIONS: • Chief Municipal Law Enforcement Officer • Director of Transportation and Environmental Services ATTACHMENTS: • By-law No. 2005-118, Being a By-law to Regulate Signs and other Advertising Devices CONCLUSION: Staff are in the process of preparing an updated Sign By-law for Council's consideration. It is recommended that the Township place the appropriate signage at Line 3 North and Bass Lake Sideroad to identify the jog in the road, and that the business owner be encouraged to seek a permanent sign location on private property, and advised to discontinue the placement of signs on Township property. Respec lJbmit. I ou a i irector evelopment Services/Clerk C.A.O. Approval / Comments: Corporate Services - Clerk's Office Report No. CS2009-029 September 23, 2009 Page 3 of 3 Page 41 of 186 Agenda Item # 1 Of) - Doug Irwin, Director of Corporate Services/Clerk, re: Sign-B... - . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-118 Being a By-Law to Regulate Signs and other Advertising Devices And to Repeal By-laws No. 99-2 and 2005-054 WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, s. 11(1)7 authorizes a municipality to pass by-laws respecting signs; AND WHEREAS Council deems it appropriate to regulate signs and other advertising devices and the posting of notices on buildings, vacant lots, or property of public utilities within the municipality; THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Title and Scope This By-law shall be known and cited as the "Sign By-law" and shall apply to the entire area of the Township of Oro-Medonte. 2. Definitions Alter - means any change to the sign structure or sign face, with the exception of a change in the message being displayed or repair and maintenance. Building Code - means the Building Code Act, 1992, Regulation 403197 as amended Council - means the Council of the Corporation of the Township of Oro-Medonte. Frontage - means the horizontal distance between the side lot lines, with such distance being measured perpendicularly to the line joining the mid-point of the front lot line with the mid-point of the rear lot line at a point on that line eight metes (26.2 ft.) from the front lot line. In the case of a lot with no rear lot line, the point where two (2) side lot lines intersect shall be the point from which a line is drawn to the mid-point of the front lot line. In the case of a corner lot with a daylighting triangle, the side lot line shall be deemed to extend to its hypothetical point of intersection with the extension of the front lot line for the purposes of calculating lot frontage. Internal Signs - means signs contained within the interior of a building, usually not visible from off the premises on which the sign is located. Public Highway - means a highway as defined under the Highway Traffic Act, as amended from time to time. Sign - means any visual medium, including its structure and component parts, which is used or is capable of being used to draw attention to a specific matter for identification, information, advertising, service, activity, person, business, product, good, or location thereof. Sign area - means the total area in square metres of the surface of a sign including the border and/or frame. Township - means the Township of Oro-Medonte. Trailer - means anything which can be or was at one time towed by a motor vehicle, has or had at one time wheels, and can be or was at one time used to haul goods. Zone - means a zone established by the Township's Comprehensive Zoning By-law, as amended from time to time. Page 42 of 186 Agenda Item # 1 Of) - Doug Irwin, Director of Corporate Services/Clerk, re: Sign-B... 3. Administration of the By-law 3.1 Permits Reauired Except for signs referred to in Section 4, no person shall erect, display, repair, or alter a sign unless a permit is obtained from the Chief Building Official. 3.2 Application for Permit The applicant for a sign permit shall submit: a) an application on a prescribed form prepared for that purpose; b) scale drawings and specifications of sufficient detail and quality as is necessary to ascertain whether or not the sign and its structure will be in compliance with this By-law and/or the Ontario Building Code; c) the approval of other authorities having jurisdiction (i.e. Ministry of Transportation, County of Simcoe); and d) existing utilitles should be plotted on the scale drawings, i.e. overhead hydro and Bell Telephone 3.3 Revocation of Permit A permit may be revoked by the Township under the following circumstances: a) where the sign does not conform to this By-law; b) where the sign does not conform to any regulation, law, or requirements of any government authority having jurisdiction over the area where the sign is situated; c) where the permit has been issued as the result of false or misleading statements, or undertakings, in the application; or d) where the permit has been issued in error. 3.4 Fees A fee as approved in the Township of Oro-Medonte Fees and Charges By-law shall be paid to the Township of Oro-Medonte at the time of application for a sign permit. 3.5 Removal of Illegal Sions If such a sign is erected or displayed In contravention of the provisions of this By- law, the sign may be removed immediately without notice, at the owner's expense. Where a sign has been removed by the Municipality, such sign may be destroyed or otherwise disposed of. 3.6 Penaltv Every person who contravenes any provision of this By-law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, Chapter P.33, and every such fine is recoverable under the Provincial Offences Act. The conviction of an offender upon the breach of any provision of this By-law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision, and a Judge/Justice may convict any offender repeatedly for continued or subsequent breaches of the By-law, and the provisions of the Municipal Act, 2001, S.O. 2001, c.25, Section 442, as amended from time to time, shall further apply to any continued or repeated breach of this By-law. Page 43 of 186 Agenda Item # 1 Of) - Doug Irwin, Director of Corporate Services/Clerk, re: Sign-B... 3.7 Severability If any court of competent jurisdiction finds that any of the provisions of this By-law are ultra vires the jurisdiction of the Township, or are invalid for any other reason, such provisions shall be deemed to be severable and shall not invalidate any other provision of this By-law which shall remain in full force and effect. 4. Signs Permitted without a Permit The following signs shalt be exempt from the requirement of a permit: "No Trespassing" signs, or other such signs regulating the use of a property, of no more than 0.5 square metres (5.4 sq. ft.) in area. Real estate signs which advertise the sale, rental, or lease of the premises or lot upon which said signs are located, of no more than 0.5 square metres (5.4 sq. ft.) in area in residential zones and 2 square metres (21.5 sq. ft.) in area in all other zones. Signs identifying an architect, engineer or other professional consultant, contractor, or subcontractor, of no more than 0.5 square metres (5.4 sq. ft.) in area in residential zones and 2 square metres (21.5 sq. ft.) in area in all other zones. • Identification signs bearing municipal address, estate names, or names of occupants of the premises of no more than 0.25 square metres (2.8 sq. ft.) in area in residential zones and 1 square metre (10.8 sq. ft.) In area in all other zones. • Signs directing and guiding traffic, parking, and public safety, but bearing no advertising matter. • Signs erected by a government or municipal agency or under the direction of such agency and bearing no advertising, such as traffic signs and signals, safety signs, signs identifying public schools and facilities, or signs to assist commerce and the tourist trade, • Election proclamations or notices under any legislation pertaining to elections and election signs on private property during any election campaign providing all such signs are erected and removed in accordance with the provisions as contained in the Municipal Election Act, as amended from time to time. • Signs that are used in conjunction with patriotic, religious, or charitable organizations. • Temporary signs that are used in conjunction with special events provided they are displayed a maximum of fourteen (14) days prior to the event and removed within one (1) week after the event. • Signs that are used to advertise the sale of fresh farm products; of no more than 2 square metres (21.5 sq. ft.) in area. • Internal signs. Page 44 of 186 Agenda Item # 1 Of) - Doug Irwin, Director of Corporate Services/Clerk, re: Sign-B... 5. Prohibited Signs No person shall erect, install, post, display, maintain or keep on a premises any of the following types of signs: • Signs which incorporate in any manner any flashing or moving illumination which varies in intensity or which varies in colour, and signs which have any visible moving parts visible mechanical movement, or other apparent movement, other than that involving the time or temperature. Signs which, by reason of size, location, content, or colouring obstruct the vision of drivers or detract from the visibility or effectiveness of any traffic sign on public highways. Signs located so as to obstruct or impede any required fire escape, fire exit, walkway, door, or window or so as to prevent or impede free access of firefighters to any part of a building. Signs on or over public property or public rights-of-way, unless erected and approved in writing by a government agency having jurisdiction. • Signs painted on, attached to, or supported by a tree, stone, or other natural object, or utility pole located on a Township road allowance and/or public lands. • Signs painted on or attached to trailers and/or any part of a dismantled motor vehicle whether or not it is licensed or on wheels. 6. General Provisions 6.1 Comoliance with Site Plan Aareements Where an approved site plan agreement provides standards for signage, and the signs for development comply therewith, such signs shall be deemed to comply with this By-law. 6.2 Compliance with the Zonino By-law No person shall erect or maintain a sign upon a parcel of land or building unless it is accessory to a use that is lawfully being operated on such land in accordance with the Township's Comprehensive Zoning By-law, as amended. 6.3 Signs Permitted by Permit in Commercial and Industrial Zones a) Building Sign - a sign which is erected against the wall of a building. Building signs may be erected on each wall of a building but shall cover no more than five (5) percent of the total area of a building face, unless otherwise approved by the appropriate authority. b) Canopy Sign - a sign applied to the surface of a canopy; not necessarily attached to a building, which does not extend horizontally or vertically past the limits of the awning. c) Ground Standing Sign - a freestanding vertical sign which may be supported by a permanent column(s) and foundation in the ground, d) Illuminated Sign - a sign that provides artificial light directly or through transparent or translucent material, from either a source of light incorporated within the sign or by a light focused at the surface of the sign. A business is limited to one or more illuminated signs which do not exceed 4 square metres (43 sq. ft.) in size in total. Page 45 of 186 Agenda Item # 1 Of) - Doug Irwin, Director of Corporate Services/Clerk, re: Sign-B... e) Mobile Sign - a sign not permanently attached to a building, structure, or the ground surface and is capable of being moved or relocated, and may display lighted directional arrows. A business is limited to one (1) mobile sign. 6.4 Sians Permitted by Permit in Residential Zones Home Occupation Sign - a sign used to advertise an occupation conducted for gain in a dwelling unit by the resident(s) of that dwelling unit. • The home occupation use must be approved by the Municipality as complying with the Township's Comprehensive Zoning By-law, as amended. • A residence is limited to one (1) Home Occupation Sign. • A Home Occupation Sign is limited in size to 0.5 square metres (5.4 sq. ft.) in area. 6.5 Sians Permitted by Permit in the Aaricultural/Rural WRU) Zone a) Ground Standing Sign - a freestanding vertical sign which may be supported by a permanent column(s) and foundation in the ground. b) Canopy Sign - a sign applied to the surface of a canopy; not necessarily attached to a building, which does not extend horizontally or vertically past the limits of the awning. c) Billboard Sign - a sign which advertises goods, products, services, or facilities, not necessarily sold on the premises or lands upon which the sign is located. • Only one (1) Billboard Sign is permitted per lot. • A Billboard Sign is limited in size to 1 (one) square metre (10.8 sq. ft.) per each 1 (one) metre (3.3 ft.) of frontage of the property on which the sign is to be erected up to a maximum of 60.39 square metres. • Billboard Signs are considered to be structures and shall be set back from lot lines no less than the minimum required distance for the main use on the lot in accordance with the Township's Comprehensive Zoning By-law, as amended, and a distance in accordance with the setback standards as established by any other authority (Ministry of Transportation, County of Simcoe, etc.), whichever is greater. 7. Non-Conforming Signs Any sign lawfully erected or displayed before the day this by-law comes into force may remain and be maintained notwithstanding that it does not conform with the by-law, provided that such sign shall not be altered, unless the same shall either conform or be made to confirm in all respects with this by-law. 8. Compliance with Other Authorities In addition to any provisions contained within this by-law, where a sign is to be erected on a property abutting a public highway maintained by the County of Simcoe, such sign must also be erected in accordance with any provisions as specified by the County of Simcoe, or where a sign is to be erected on a property abutting a public highway maintained by the Province of Ontario, such sign must also be erected in accordance with any provisions as specified by the Ministry of Transportation. In the case where such sign falls under more than one provision, the more restrictive provisions shall apply. Page 46 of 186 Agenda Item # 1 Of) - Doug Irwin, Director of Corporate Services/Clerk, re: Sign-B... 9. Maintenance The owner, or agent, of the lands or premises upon which any sign or advertising device is located shall maintain or cause such sign or advertising device to be maintained in a proper state of repair so that such sign or advertising device does not become unsafe or dangerous. r 10. Materials and Structural Requirements All materials incorporated into a sign shall comply with the relevant requirements of the Ontario Building Code. Signs and their structural members shall be designed to have structural capacity to resist safely and effectively all effects of loads and influences from the environment that may be expected, and shall in any case satisfy the requirements of the Ontario Building Code. 11. Liability for Damages The provisions of this by-law shall not be construed as relieving or limiting the responsibility or liability of any person erecting or owning any sign from personal injury or property damage resulting from the placing of such sign, or resulting from the negligence or willful acts of such person, or their agent, in the construction, erection, maintenance, repair, or removal of any sign erected in accordance with a permit hereunder. Further, the provisions of this by-law cannot be construed as imposing upon the Municipality, or its officers or employees, any responsibility or liability by reason of the approval of any signs under the provisions of this by-law. 12. That By-law No. 99-2 and By-law No. 2005-054 be repealed in its entirety. 13. That this By-law shall come into full force and effect on its final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF NOVEMBER, 2005. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF NOVEMBER, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Pffyor, J. Neil Craig (J e J~' Clerk, Maril Pennycook 0 Page 47 of 186 Agenda Item # 10g) - Doug Irwin, Director of Corporate Services/Clerk, re: Motion... Council Meeting Minutes - May 13, 2009. Motion No. C090513-16 Moved by Agnew, Seconded by Crawford Be it resolved that Motion No. OMEGA 090416-11 which reads, "it is recommended that OMEGA meets every third Thursday of every second month with meetings starting at 7:30 p.m. from May to September and 7:00 p.m. from October to April", be deferred until September 23, 2009. Carried. a) aga Valley Conservation Authority, highlights of meeting held on 2009. ommendation: Receipt. 13. \PublicLibra NT AGENDA: b) le son, Chair, Gilda's Club Barrie, Ontario, correspondence dated 200 e: Letter of Appreciation. omme dation: Receipt. c) blic Libra minutes, meetings held on February 26 and March 26, ommendation: Receipt. d) Orillia Public Library Board, inutes of meeting held on March 25, 2009 and 2008 Annual Report. Staff Recommendation: Recei Motion No. C090513-17 Moved by Coutanche, Seconded by A 'son Be it resolved that the staff recommendat ns with respect to the items listed under "Consent Agenda Correspondence" adopted as printed: a) Nottawasaga Valley Conservation Authority, hi \2nd ld on April 17, 2009. Received. b) Michael Gleason, Chair, Gilda's Club Barrie, Oe dated April 28, 2009 re: Letter of Appreciation. Received. C) Barrie Public Library minutes, meetings held orch 26, 2009. Received. d) Orillia Public Library Board, minutes of me etin009 and 2008 Annual Report. Received. Page 7 of 14 Page 48 of 186 Agenda Item # 1 Oh) - Report No. CAO 2009-11, Robin Dunn, Chief Administrative Off... ~vavnsha'p ?f REPORT - Proud Heritage, Exciting Future Report No. To: Prepared By: CAO 2009-011 Robin Dunn, CAO and Council Andria Leigh, Director of Development Services Meeting Date: Subject: Motion # September 23, 2009 Township Strategic Plan- Roll Community Consultation Process R.M.S. File RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report No. CA02009-011 be received and adopted. 2. THAT Staff proceed with a community consultation process facilitated by Ms. Christine Anderson and Ms. Cheryl Govier as identified in Attachment #1 to Report No. CA02009- 011; 3. AND THAT the Community Consultation process and summary report form background for preparation of an updated Community Strategic Plan; 4. AND FURTHER THAT Ms. Christine Anderson, Ministry of Tourism and Ms. Cheryl Govier, Ministry of Agriculture, Food, and Rural Affairs be notified of Council's decision. BACKGROUND/ANALYSIS: Council through their mandate and the Corporate Strategic Directives, and the work directives for the CAO have identified that an updated Oro-Medonte Strategic Plan is necessary and is anticipated to be completed in 2010. Council at the beginning of their term in 2007 established Corporate Strategic Objectives, including goals related to Quality of Life, Safe and Healthy Community, Service Excellence, Sustainability, and Financial Stewardship., Priorities related to Tourism and Economic Development have also been identified for 2009-2010. The original Township community strategic plan was completed in 1994 and involved input from residents of Oro-Medonte including strategic planning committee members and members of Council. This process involved the need to seek public support and input, and to develop partnerships with both community groups and individuals. CAO Report No. CAO 2009-011 Meeting Date September 23, 2009 Page 1 of 5 Page 49 of 186 Agenda Item # 1 Oh) - Report No. CAO 2009-11, Robin Dunn, Chief Administrative Off... The outcome was a Strategic Plan developed from the grass roots, beginning with community consultation and the establishment of a Strategic Planning Advisory Committee (SPAC) with membership from residents of the community. The process involved a number of Phases including: Establishment of the Committee, preparation of a Situation Audit/Background Data Collection, Conducting Visioning Workshops with members of the Community, Preparation of Strategic Plan, and Development of an Action/Implementation Plan. Given the time since the completion of the Township's first Strategic Plan and in order to implement the mandate of the current Council, an updated Strategic Plan is required. In order to meet Council and the CAD's strategic objectives regarding the preparation of an updated Township Strategic Plan, Township staff have conducted several meetings with representatives from the Ministry of Tourism, the Ministry of Agriculture, Food, and Rural Affairs, and the Community Development Corporation in order to determine what expertise was available to assist with this endeavour. Attachment #1 is a proposal submitted by the two Ministry representatives, Ms. Christine Anderson and Ms. Cheryl Govier identifying an initial plan for community consultation. This community consultation would form background to assist the Township in future preparation of an updated Community Strategic Plan. The consultation process would be conducted by the Ministry representatives at no cost to the Township; however the Township would be responsible for the provision of meeting facilities and refreshments for the proposed 3-5 consultation sessions. The intent of the community consultation process would be to seek input from businesses, community leaders, and residents in regard to a strategy for tourism and economic development including assessment of the Strategic Objectives/Principles established by Council. The final summary report would be utilized in the preparation of an updated Community Strategic Plan. This process would include 3-5 focus group sessions facilitated by Ms. Anderson and Ms. Govier through the fall of 2009 which would seek public input regarding the Township's assets, our current challenges, the Community Vision and Goals of the Township. In addition to the focus group sessions, a survey would also be posted on the Township's website and available through the Township Recreation Guide and at the Township Administration Building for residents to provide additional input and feedback. Ministry staff would then proceed with preparation of a report which summarizes the findings from the consultation, identifies the common issues and priorities from the public, and presents these to Council. The report would be prepared and presented to Council by the Spring of 2010. This report would form the background for the next steps in the formulation of work plan for the updated strategic plan. During the fall, a work plan for the strategic plan will be established and presented to Council for consideration. This work plan will include the timing and budget for completion of the Strategic Plan. CAD Report No. CAO 2009-011 Meeting Date September 23, 2009 Page 2 of 5 Page 50 of 186 Agenda Item # 1 Oh) - Report No. CAO 2009-11, Robin Dunn, Chief Administrative Off... FINANCIAL: There is no charge for the community consultation work by the Ministries of Tourism and Agriculture and Rural Affairs; there will be costs for the facility rentals and refreshments associated with the 3-5 facilitated sessions. POLICIES/LEGISLATION: n/a CONSULTATIONS: SMT Director, Recreation & Community Services Ministry of Tourism Ministry of Agriculture, Food, and Rural Affairs Orillia Area Community Development Corporation ATTACHMENTS: Attachment #1 - Ministry of Tourism and Ministry of Agriculture, Food, and Rural Affairs - Proposed Community Facilitation Outline CONCLUSION: The Community Facilitation process would be completed by the Ministry representatives during the Fall of 2009 and will permit the initial public input necessary for the initiation of an updated Township Community Strategic Plan. The anticipated Community Consultation summary report to be presented to Council in the Spring of 2010 will provide background for the preparation of the final work plan and the subsequent preparation of an updated Community Strategic Plan. Respectfully submitted: Robin unn, Chief Administrative Officer Andria Leigh, MCIP, RPP Director of Development Services SMT Approval / Comments: CAO Report No. CAO 2009-011 C.A.O. Approval / Comments: Meeting Date September 23, 2009 Page 3 of 5 Page 51 of 186 Agenda Item # 1 Oh) - Report No. CAO 2009-11, Robin Dunn, Chief Administrative Off... ATTACHMENT #1 Communitv Facilitation Outline - Proposed by Christine Anderson. Ministrv of Tourism and Chervl Govier, Ministry of Aariculture. Food, and Rural Affairs) Purpose: To capture community and business input to assist Oro Medonte in the development of an Economic Development Strategy Facilitators: - Christine Anderson - Ministry of Tourism - Regional Services Branch - Cheryl Govier - Ministry of Agriculture, Food and Rural Affairs - Economic Development Branch Timeline: Consultations: Fall, 2009 Presentation of Findings: Spring, 2010 Number of Focus Group Sessions: 3-5 sessions, 2 hours in length Site Requirements: Township to provide meeting space and refreshments for all focus groups Description of Work: 1. Conduct Focus Groups • Council and Municipal Staff • Service Clubs and Residential Associations • Business Sectors (To be determined) Focus Group Agenda: Assets Physical assets Business assets Tourism assets Quality of life assets Quality of environmental assets CAO Report No. CAO 2009-011 Meeting Date September 23, 2009 Page 4 of 5 Page 52 of 186 Agenda Item # 1 Oh) - Report No. CAO 2009-11, Robin Dunn, Chief Administrative Off... Challenaes Physical challenges Business challenges Tourism challenges Demographic challenges Political challenges Vision Economic & tourism phrases Quality of life phrases Goals Physical development Economic & tourism development goals Township improvement goals 2. Prioritize Answers Focus group attendees will be asked to prioritize answers relating to: assets, challenges, vision and goals. 3. Identify Common Issues Top issues within each focus group, as well as common issues spanning several focus groups will be compared. 4. Present Findings Findings of focus group sessions, including priorities and common issues will be presented to Council. CAO Report No. CAO 2009-011 Meeting Date September 23, 2009 Page 5 of 5 Page 53 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Zn Township REPORT Proud Heritage, Exciting Future Report No. To: CAO 2009-12 Council Meeting Date: Subject: September 23, 2009 Grant Application through Ministry of Tourism / Draft Roll MOU - Townships of Tay & Oro-Medonte and Skyline International RECOMMENDATION(S): Requires Action 1XI It is recommended that: Prepared By: Robin Dunn CAO & Andria Leigh Director Development Services Motion # R.M.S. File For Information Only 1. Report CAO 2009-12 be received and adopted; and 2. The staff be authorized to submit the application to the Ministry of Tourism for the Tourism Development Grant Application on behalf of the Township of Oro- Medonte; 3. That Council authorizes the funding commitment for participation in the Tourism Development Grant Application in 2009 for an upset limit of $12,500.00; 4. That Council authorize the financial contribution to a maximum of $ 30,000.00 to retain the services of OEB Enterprises as defined through the Memorandum of Understanding; 5. That the Tourism Development Grant Application funding and the financial contribution to retain OEM Enterprises be considered an overrun to the 2009 budget; 6. That the requirements of the Township's Purchasing By-law No. 2004-112 be waived; and 7. That the Clerk bring forward the appropriate by-law for Council's consideration authorizing the execution of the Memo of Understanding between the Township of Oro-Medonte, the Township of Tay, and Skyline International. BACKGROUND: On June 3, 2009, Council received a presentation from Mr. Paul Ward, Vice President Skyline International Development (Horseshoe Valley) Inc. with respect to the preliminary Master Concept Plan created from the design charette for the Georgian Valley Development projects of Horseshoe Valley and Port McNicoll. CAO Report No. CAO 2009-12 September 23, 2009 Page 1 of 5 Page 54 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... At the June 17th Committee of the Whole meeting the following motion was passed: "It is recommended that: Whereas the Council of the Township of Oro-Medonte has received a delegation from Skyline Development (Horseshoe Valley) Inc. on June 3, 2009 requesting that the municipality enter Into an agreement to acquire consulting services with respect to its development, And Whereas the scope of the proposed project will require coordination and approvals that may require professional assistance to achieve approvals in a timely manner. Now Therefore it is recommended that: 1. The Council of the Township of Oro-Medonte support, in principle, investigation of a potential partnership between the Township of Oro- Medonte, the Township of Tay, and Skyline International Development for an Initial work phase which shall include: establishment of a project steering committee, development of a written partnership agreement including respective roles and responsibilities within the partnership, research on available funding opportunities, and identification of a community consultation process; and 2. That staff report back to Council for future consideration." The purpose of this report is to update Council with results of the meetings held following the above direction. During the summer, a number of joint meetings and teleconferences were held with staff from The Township's of Oro-Medonte and Tay and representatives from Skyline and OEB Enterprise. The purpose of these meetings was to determine; the scope of the work for OEB Enterprise, identification of required financial contributions, and the form of a memorandum of understanding. The meetings held were to discuss, not only specific clauses in the Memorandum of Understanding, but also to understand how the hiring of OEB could assist the municipality, as well as the developer, to determine the project deliverables and to substantiate the use of public funds for this purpose. To provide background for Council, the following items are included in Appendix I: 1. July 3, 2009 letter from Paul Ward of Skyline outlining the process used to select OEB Enterprise as the preferred candidate. 2. Information regarding OEB Enterprise and Greg Black, obtained from the OEB Enterprise website. 3. August 26, 2009 email from Paul Ward of Skyline identifying areas where professional expertise is required. CAO September 23, 2009 Report No. CAO 2009-12 Page 2 of 5 Page 55 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... A meeting was held in late August, at the Township of Oro-Medonte, with representatives from the Ministry of Tourism, Ontario Ministry of Agriculture, Food and Rural Affairs, North Simcoe Community Futures Development Corporation, Orillia Area Community Development Corporation, and staff from Oro-Medonte and Tay. The purpose of the meeting was to discuss the Georgian Valley projects, to clarify the roles of the parties and to determine how we could work together effectively. It was recognized that the issues surrounding the scope of the Georgian Valley project went beyond the existing staff resources and experience. In addition, it was recognized that it is difficult to detail, in an agreement, roles and responsibilities that, at this time have not been fully defined. The end result of the meeting was as follows: Role Clarification It was agreed that a Project Coordinator (Planning Consultant) was required, to assist the municipalities in both project management and planning review and support. It was recognized that the scope of issues were much greater than simply funding requests and identifying infrastructure needs. The role of OEB Enterprise would be to assist with some of the strategic planning, to find partners for specific projects, to identify bottlenecks in approval processes, and to bring to the forefront of the Provincial and Federal Government, the significance of the Project with respect to the economic impact to Simcoe County and the Province of Ontario. Tourism Development Fund Application - Proiect Coordinator Current fiscal year, ending March 31, 2010, Tourism Development Funding has been allocated. However, Ministry representatives indicated they would support a joint request for $25,000.00 (Ministries of; Tourism and Agriculture Food and Rural Affairs) to start the process. The $25,000.00 Ministry funding would be matched by the two municipalities (Oro-Medonte and Tay $12,500.00 each) and $25,000.00 by the Community Futures ($12,500.00 each from North Simcoe Community Futures Development Corp. and from Orillia Area Community Futures Development Corp). Pending appropriate project results, a further application could be made in the next fiscal period. Ministry of Tourism representative, Ms. Christine Anderson, has completed the bulk of the application, and is awaiting approval from both municipalities before submitting the application. A copy of the draft application is included under Appendix II. 1. Ministry of Tourism -Draft Tourism Development Fund Application CAO September 23, 2009 Report No. CAO 2009-12 Page 3 of 5 Page 56 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... The application is a partnership of Tay and Oro-Medonte and must be applied for under one municipality. Pending approval of both Councils, the CAO for the Township of Oro-Medonte will advance the grant application and its administration on behalf of the two Municipalities. Subsequent to the meeting with the Ministries of; Tourism, Agriculture Food and Rural Affairs and the CDC's, a follow-up meeting was held to update Mr. Paul Ward of Skyline with respect to the scope of the draft MOU, and the pending Tourism Development Fund application. Mr. Ward was in agreement with the direction that the municipalities were taking with respect to the need for municipal project coordination. He did express a concern that the MOU, as written, may need to be taken back to Council in the future. Mr. Ward indicated that, as strategic planning takes place, the short term role covered in the draft MOU may need to be expanded. He was confident, that as the work progresses, all partners to the agreement will have a better understanding of issues by working through them. His primary focus continues to be: the recognition of Georgian Valley at the Provincial and Federal level as a Tourism Destination, the need for senior level government support to move the project in order that the economic benefits can be more quickly realized, and the need to have cooperation at all levels of government in order to identify and remove barriers. A copy of the draft MOU is included under Appendix III. 1. Township's of Oro-Medonte & Tay / Skyline International - Draft Memorandum of Understanding. FINANCIAL: The total request for allocation of funds requested is as follows: Tourism Development Fund Application $12,500.00 Memorandum of Understanding - Township's of Oro-Medonte & Tay/Skyline International $30,000.00 The Director of Finance/Treasurer/Deputy CAO has identified funds be allocated to support this project by a 2009 budget overrun. The Treasurer has confirmed a projected favourable year end variance. POLICIES/LEGISLATION: N/A CAO September 23, 2009 Report No. CAO 2009-12 Page 4 of 5 Page 57 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... CONSULTATIONS: Paul Ward, Vice President Skyline International Ms. Simone Latham, CAO, Tay Township Ministry of Tourism Ministry of Agriculture Food and Rural Affairs - Economic Development Branch North Simcoe Community Futures Development Corp. Orillia Area Community Futures Development Corp. ATTACHMENTS: Appendix I - Background Appendix II - Ministry of Tourism - Draft Tourism Development Fund Application Appendix III - Township's of Oro-Medonte & Tay / Skyline International - Draft Memorandum of Understanding CONCLUSION: Oro-Medonte and Tay staff are in agreement that the joint hiring of a Project Coordinator for both municipalities is a necessity as we do not have staff capacity for a project of this magnitude. The initial investment is $12,500.00, and staff request authorization from Council to proceed with the application for the Tourism Development Fund. Staff from both municipalities are also in agreement that there is a requirement for a Public/Private Partnership to hire a professional consultant that would assist Provincial and Federal government relationships and identify funding sources and investment from both public and private sectors. Staff request authorization from Council to proceed with execution of the MOU and an allocation of $30,00.00. Respectfully submitted: Robi Dunn, Chi Administrative Officer SMT Approval / Comments: CAO Report No. CAO 2009-12 4,t 41J Andria Leigh, MCIP, RPP Director of Development Services C.A.O. Approval / Comments: September 23, 2009 Page 5 of 5 Page 58 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Appendix • July 3, 2009 letter from Paul Ward of Skyline, outlining the process used to select OEB Enterprise as the preferred candidate. • Information regarding OEB Enterprise, and Greg Black, obtained from the OEB Enterprise website. • August 26, 2009 letter from Paul Ward of Skyline, identifying areas where professional expertise is required. Page 59 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... skyline INTERNATIONAL DEVELOPMENT INC. Memorandum July 3, 2009 To: Simone Latham, Township of Tay Robin Dunn, Township of Oro-Medonte From: Paul Ward, Skyline International Development Inc. Re: Selection Process for OEB Enterprise Further to our meeting June 26, 2009, we are responding with information concerning the selection process for OEB Enterprise. The required qualifications consisted of: • Solid government connections and relationships with lobbying municipal, provincial and federal governments. • Knowledge of the types of funding mechanisms available and the ways and means to access them. • Experience working with municipalities on renewal projects, infrastructure expansion funding and/or municipal support as an outsourced consultant. • Proven track record of successfully obtaining grants and funding from senior levels of government, particularly with complicated multifaceted infrastructure projects. • Broad range of services covering community communications and reporting, government relation building, administration of applications, and liaising with stake holders and mediating solutions to problems and issues. • Competitive rate and fees • Additionally, but not absolutely necessary it was preferred to engage a firm that had worked with and had knowledge of local communities within the Georgian Bay area. Skyline began speaking with the Provincial Government in December 2008 leading up to the open design charrettes that were held for both Port McNicoll and Horseshoe Valley. Through the evolution of the plan, the Ministry of Tourism became very interested in assisting to make these projects successful. As well as assisting to analyze and assess the economic impacts of the projects, they provided advice on positioning the projects to qualify for funding for infrastructure, civic and culture spaces and tourism/recreation components. 154 UNIVERSITY AVENUE, SUITE 200 TORONTO, ONTARIO * MSH 3Y9 TEL: 416.368.2565 * FAX: 416.368.2572 Page 60 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Coincidentally, at the same time the master plans were being developed, both the Provincial and Federal governments initiated several major stimulus initiatives. As a result, Skyline began interviewing firms that could assist building relations with senior levels of government to promote private/public partnerships. It became clear through the search that there was a wide range of services available from individual consultants to divisions of large law firms. We interviewed six firms and while most had strong connections with the various levels of government, few had direct experience applying for funding and fewer yet had direct experience with tourism developments. OEB Enterprise met all of the criteria above and provided strong referrals from municipal clients they have worked with. Skyline hired OEB Enterprise initially to provide advice on funding and financing strategies and we are recommending they be engaged in the next steps of sourcing and applying for funding from senior levels of Government. Sincerely, c' Pau and Vice President, Land Development Skyline International Developments Inc. 154 UNIVERSITY AVENUE., SUITE 200 TORONTO, ONTARIO * MSH 3Y9 TEL: 416.368.2565 . FAX: 416.368.2572 Page 61 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... OEB Enterprise : Our Firm Page I of 2 What is OEB Enterprise? We are a leading strategic communications, public relations and government relations firm with a national reputation for delivering results. We offer experience, expertise and a proven track record of excellence in helping clients achieve their goals. Full Range of Services With more than 35 consultants and support staff in offices in Toronto, Ottawa and Niagara, OEB Enterprise delivers a full range of award-winning strategic communications, government relations, public relations, branding and marketing communications services. Ontario Public Relations Agency Pool We have been a member firm since 1997, participating in a rigorous review process in an open competition every three years to demonstrate our expertise, as well as our ability to deliver a full range of communications services including strategic planning and online communications in addition to public relations and media relations. Government ministries and agencies are able to use our services without going through the standard RFP process. International Reach We can cost-effectively deliver public relations and other services through the Worldcom Group of Public Relations Companies, the largest E network of its kind in the world with more than loo members on six WORL,DCOM continents. We can also access international expertise and information rubric Relariom Group on best practices in branding, public relations and strategic communications in biomedical research, healthcare and other sectors. Award Winning Firm We deliver a full suite of award winning services. Read. more about other awards we've won. More Than 60 Years Experience The firm's roots reach back to the 19406 when the Ontario Editorial Bureau was created as one of Canada's first public relations companies in 1946. In 1999, OEB joined the Enterprise Canada Group, which was founded in 1986 and had grown into one of Ontario's leading strategic communications and government relations firms. Read more. http://www.oebenterprise.com/firm.php 11/09/2009 Page 62 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... OEB Enterprise : Our Firm Page 2 of 2 Community Involvement We support the communities in which we work financially, with in-kind donations and by encouraging our employees to volunteer. React more. Lou Cahill Scholarship OEB founder Lou Cahill is one of the fathers of public relations in Canada. To mark the 6oth anniversary of the founding of OEB in 2oo6, we established the Lou Cahill scholarship to encourage and support rising stars in our industry. Read more. http://www.oebenterprise.com/firm.php 11/09/2009 Page 63 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... OEB Enterprise : Our Team : Greg Black Page 1 of 2 Who is on our team? Greg Black Director of Project Development Well known as an excellent communicator, Greg Black has very strong planning and analytical skills, and a proven track record in building client relationships and developing creative business solutions that successfully address client needs. Greg has been Director of Project Development for OEB Enterprise since the spring of 2008, having rejoined the company after three years with Ontario's Ministry of Health and Long- Term Care. He was previously an executive with Enterprise Canada from 2000 to 2004, serving as President of Enterprise Canada Research, Director of Government Relations for Enterprise Canada Consultants, and Managing Director of OEB International, the firm's public relations division. (In 2007, Enterprise Canada and OEB International joined to form OEB Enterprise.) During this time, Greg provided project management services on a number of major initiatives involving private and public sector partners - including municipal, provincial and federal governments, private sector developers and broad-based community organizations. He spearheaded the initial concept development and project financing and planning activities for the Muskoka Wharf project in Gravenhurst, and a unique recreational and educational complex in Bracebridge involving the school board, the municipality and a private sector developer. From 2005-2007, Greg was with the Ontario Ministry of Health & Long-Term Care, as a Strategic Communications Advisor to the Minister. In addition to providing liaison between the Minister's political staff and the public service, he played a key role in developing the communications framework and key messaging for numerous major new health care initiatives. Prior to joining Enterprise Canada, Greg was the principal of a small but dynamic consulting firm offering communications, government relations, strategic planning, research, marketing and sales, public relations, stakeholder consultations and project management services. Founded in 1989 and working from a base in Muskoka, the company successfully completed a broad range of innovative projects and contracts for national corporations, smaller private sector operators, government agencies, non-governmental organizations, municipal governments, community-based organizations and political entities. http://www.oebenterprise.com/GregBIack.php 11/09/2009 Page 64 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... OEB Enterprise : Our Team : Greg Black Page 2 of 2 Before that, he spent nearly ten years working in increasingly senior positions with one of the world's largest marketing research companies, A.C. Nielsen. During that period he managed the development of new information products and services being delivered to Canada's major food and drug retailers, and managed sales/service teams responsible for a broad range of packaged goods manufacturers and retailers. Greg has had hands-on experience with many business, community and political organizations. He served for seven years on the Board of Directors of VIA Rail Canada, and as the Treasurer of the Muskoka Community Y.W.C.A.. He has served on the Board of Directors of the Ontario Soccer Association, and was Vice-President, Communications of the Ontario Liberal Party for four years. He has also worked on numerous political election campaigns and party leadership campaigns at the local riding, provincial and federal levels. http://w,~vw.oebenterprise.com/GregBIack.php 11/09/2009 Page 65 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Dunn, Robin From: Paul Ward [paulw@skylineinvestments.comj Sent: Wednesday, August 26, 2009 3:07 PM To: Simone Latham; Dunn, Robin Cc: Greg Black; Mara Burton; Leigh, Andria Subject: Georgian Valley Agreement - draft to go to townships Dear Simone and Robin, In understanding the importance of aligning ourselves to seek support from upper levels of Government, I believe the article below is very relevant to our initiatives in creating "Georgian Valley". httr)://www.vieux.montreal.oL.c en /comm 04/comm 04a.hsm Although the City of Montreal was predominantly interested in preserving the heritage of the City rather than creating a tourism destination, I believe the results are comparable to the benefits that can be expected in our region. As I mentioned to Simone yesterday afternoon, I'm also assembling some case studies to illustrate the role that senior levels of government played in developments such as Blue Mountain, Whistler, and Temblant; and Greg is compiling information from Gravenhurst and other projects. We hope this will help answer some of questions being asked by staff and anticipated by council. In the meantime, I've listed some of the benefits, challenges and opportunities. Tangible Benefits The benefits of the proposed developments clearly center around the creation of tourism and the economic benefits associated with them. Specifically, based on the research done to date and an analysis of our master plans, the following is an account of the real and tangible impact that set us apart from other developments and subsequently make cooperation from senior levels of government possible: - Increase of visitation to the region thereby stabilizing existing commercial business and attraction of new businesses to the area, - By increasing the economic stability of the communities and addition of amenities there will be improvements to the quality of life, - By nurturing a tourism destination, there is greater opportunity to rationalize additional civic and cultural amenities that would otherwise not be possible. - Increase in commercial and residential tax base through the development of these under-utilized properties and the addition of support and spin off businesses within the region. - Provision of new business opportunities and job creation through the establishment of hotel rooms food and beverage and recreation and other tourism products. - Increase in property values and net worth of residents without necessarily resulting in increased property taxes. - Attract and maintain tourism spending in these communities (outside of our sites). - Be the catalyst to allow regional attributes such as trail networks to be established and harmonized with various uses such as hiking, cycling, snowmobiling, ATV'ing. These can potentially spawn additional business opportunities. - Be the catalyst to allow transportation linkages and transit - Create an opportunity for training and education facilities to establish and expand, - Millions of dollars in commercial building permit fees and residential development charges. - The strategic development of the village main street is intended to kick start the revitalization of the existing village core by allowing prosperity and renewal to spread. in the case of Horseshoe it will be the creation of village base for the local residents. Additionally there are many physical amenities that will result from the creation of tourism destinations, - Creation and harmonizing of new and existing recreation trails, promenades, and walkways, and park systems - a public wharf and waterfront parks, public accessible docks, and a multitude of waterfront venues, - museums, - development of a sustainable commercial boating harbour, - A cruise ship facility, with support facilities. Page 66 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... - recreation facilities above and beyond the requirements of our development obligations, - public gathering spaces for festivities and events, - markets and shops to support the existing and new neighbourhoods, - performance centers for the arts, - artist's villages, and educational facilities, - Preservation of hundreds of acres of wetlands and natural space and woodlands - cleanup of hundreds acres of inaccessible'brownfield lands' transformed into public accessible waterfront neighbourhoods - conference and business centres to attract business to the area, - public access to enhanced commercial recreation facilities - public gathering spaces for festivities and events, community recreation spaces, and the preservation of vast areas of natural space and woodlands. In order to realize these benefits, however we need to be totally honest with ourselves; that individually we do not have the resources or the means to prepare and execute these initiatives without help that is available from senior levels of government. Furthermore, there is an opportunity to join forces and cooperate beyond the requirements and bounds of development approvals to ensure we are all winners and that the ultimate economic success is realized throughout the entire region, anchored by our two projects. Challenges and opportunities: Cooperatively plan and provide for the external infrastructure necessary to support the responsible phasing of these projects to allow for economic success, without excluding other developments in the townships. Petition for density allocation to allow the economic success of the projects, without being at the expense of other developments and therefore a burden on the municipality. Cooperatively plan and fund the various civic and cultural spaces envisioned to create a successful destination region . Without proactive planning, funding and programming of these spaces, they simply won't be possible through regular commercial and residential development. These include museums, performance centre, aquatic centre, community centre, artist villages, education facilities, wildlife interpretive centre, and cruise ship support facilities to name a few. While some of these may be argued to be unnecessary, they are all felt to be great attributes in creating a tourism destination. Identify and seek funding and approvals of tourism components to allow success of the revitalization of the harbour and village cores to ensure success. Identify and seek funding and support for community and social infrastructure that may otherwise be stressed due to the size and phasing of the site, and the tourism implications of the project. Cooperatively facing the approval challenges of these complicated sites with the agencies and authorities and protect the viability of the site from changing legislation. This includes brownfield remediation, wetlands, and fisheries concerns to name a few. - Staffing to allow the expeditious processing of applications and approvals from multiple applications from this site and other developments that will be brought on as a result of tourism growth. - Preparation and support for creation of tourism programs. This will include advertising and branding of the region, wayfinding and signage, support for small business development, and business improvement initiatives. - Allow the municipality's involvement to extend beyond the traditional development approvals to have an active voice in creating the tourism components within the sites and the region. - Finally, although there are mechanisms such as development charges to deal with impacts due to development expansion, these do not necessarily deal with impacts from increased number of visitors that will result when these destinations are developed. You do not want to be scrambling later to deal with managing the impacts. - In short, we need the senior levels of government to champion the tourism development of this region and provide the support necessary to allow it to happen. Questions and Answers Why is it necessary to start this process now? Page 67 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... We are at unique point in time. The Federal and Provincial governments are anxiously looking for stimulus opportunities that will result in job creation and economic growth. The ministry of tourism is particularly becoming more involved in initiatives that increase the tourism competitiveness of the province through the development of tourism regions and partnerships. While these initiatives will always get some measure of recognition, there has probably never been a greater opportunity to harness the various resources and support from upper levels of government. It is paramount that these initiatives be recognized and supported from the outset to ensure there is the cooperation needed to make these developments a success. There is also an incredible amount of work to do in establishing the tourism component. From a phasing perspective, the tourism components will be developed during the formative years of the projects, consistently adding amenities and attractions. We will not succeed if this component is added on in the last phase. Why would a municipality get involved with this type of support to private development. These are not traditional land development projects. They are uniquely designed and planned to realize the greatest degree of tourism and economic growth. As a result, there are huge benefits to the public. While we fully expect to prosper from them as well, traditional residential development won't support the large degree of civic, culture amenities and public spaces. Furthermore, since we are talking about development of a destination region, the opportunities and challenges extend far beyond the boundaries of our sites. While we see the merits of cooperating to establish an entire region, this is not something that is feasible or even possible to do on our own. The Municipality and public will benefit regardless of whether there is cooperation. Why pledge public funds if we don't need to, and risk public criticism? The fact of the matter is that the projects and the region will not succeed to the fullest extent without a cooperative and collaborative approach with the municipalities being on board to approach senior levels of government for assistance. In order to be recognized, the provincial and federal governments will want to see the municipalities as stakeholders with vested interest. How are we going to find the time and resources for this initiative. There is no doubt there will be an investment in time and resources to deal with senior levels of government. However, there will be huge investments of time and resources to design, approve and develop these projects whether there is a cooperative agreement or not. We have the opportunity to work together, solve problems, and realize success with the support of senior levels of government. By setting up this region for success, the time and resources spent today will be small compared to the potential benefits, and the potential amount of time otherwise needed to go it alone. In closing, I hope these points answer more questions than they raise. We also encourage you to speak with leaders from other municipalities such as Gravenhurst and Blue Mountain as well as the province to help guide your decisions. Sincerely, Paul Ward Vice President, Land Development Tel: 416-368-2565 ext 2225 Fax:416-368-2572 Cell:416-616-6475 pau iw(a7s kvl i n e i n vestm ents . co m. 154 University Avenue, Suite 200 Toronto, Ontario, M5H 3Y9 Canada. THIS MESSAGE IS INTENDED ONLY FOR THE ADDRESSEE, IT MAY CONTAIN PRIVILEGED OR CONFIDENTIAL INFORMATION. ANY UNAUTHORIZED DISCLOSURE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE Page 68 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... NOTIFY US IMMEDIATELY SO THAT WE MAY CORRECT OUR INTERNAL RECORDS. PLEASE THEN DELETE THE ORIGINAL MESSAGE. THANK YOU. Print only if necessary/N'imprimer que sl n6cessalre. Page 69 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Appendix II • Ministry of Tourism - Draft Tourism Development Fund Application Page 70 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Tourism Development Fund 1. project Desertion: • Outline the need or rationale for your proposed project. • Describe your project and the work that will be undertaken using the Tourism Development Fund grant. • Outline how the project will stimulate economic growth, enhance future tourism development or improve a visitor's experience. • Provide projections of how the proposed project will benefit tourism in the local area, region, or province (dollars spent in the community, staff hired, training offered, hotel rooms rented, tour packages sold, new partnerships developed etc.) • Provide an outline of key project stages (including start date, milestones and completion date). • Identify persons/companies targeted to conduct the project. • Please attach any additional information to support the application e.g. case studies, financial projects, strategic plans, current and specific letters of support, market research etc. The mumicipalities of Tay Township and Oro Medonte Township are requesting assistance from the Tourism Development Fund to: Develop a Destination Master Plan to assist the municipalities of Tay and Oro Medonte in building strong, prosperous destinations in a strategic way that meets the needs of the community. Rationale: A private developer recently acquired 800 acres in the village of Port McNicoll (450 acres of waterfront property and 350 acres of lands under the harbour) to redevelop the community into a 4-season destination village. In addition, the same developer has acquired Horseshoe Resort and will also be redeveloping this community into the destination village of Horseshoe Valley. Upon completion, it is anticipated that the destination combining both communities known as the "Georgian Valley" will become a new international destination for the Province of Ontario. Estimated economic impact of the project: • The creation of over 9000 jobs • 200,000 square feet of commercial space • Creation of over $1,000,000,000 in GDP for the Province • Generation of over $400,000,000 in tax revenue In addition, there are several small businesses and developers driving new economic development opportunities within the communities. Neither municipality have economic development and tourism staff. Due to the size and scope of both of the new developments, the municipalities have identified a need to develop a Destination Master Plan that will insure they are well-prepared to manage the community's expectations and preserve the quality of life; while growing and nurturing new tourism economic development opportunities. The Destination Master Plan will create the foundation both municipalities require. It will provide the 'Tay and Oro Medonte Townships with a plan that will put the municipalities in the "drivers' seat" regarding important development-related decisions. 0433 (2009103) Page 2 of 5 Page 71 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Tourism Development Fund Phase 1: (2009/2010) ■ Creation of the Destination Master Plan Deliverables: ■ Identify what is required by the planning department to respond to planning processes in a timely and strategic manner including: o Additional resources (staff, financial) o Enhanced cormnunications with local provincial staff within partner ministries involved in the planning process o Possible changes to current planning processes and/or planning documents ■ Identify what is required to prepare the community in becoming a successful tourism destination o Review design concepts for both properties and assess impact on the municipality from a resource and infrastructure perspective o Assess best practises and lessons learned in other communities o Identify components that need be addresses in an economic development and tourism strategy ■ Prioritize municipal infrastructure needs, associated costs and timelines II. Project Comeatibility and Aooeal • Provide a brief profile of tourism in your region in which the project will take place and demonstrate how the project fits with tourism development in the region e.g. Has the project been identified as a local or regional priority through planning or a public consultation that shows community support and commitment? Provide details on the applicant organization and project partners including associations, government and private sector. Port McNicoll is located in Tay Township. Horseshoe Valley is located in Oro Medonte Township. Both are located in the County of Simcoe; which has been in the Provincial top 5 census divisions for visitor spending and visitor numbers for the past 5 years. Both municipalities have exceptional natural assets from a tourism development perspective. Port McNicoll is located on Georgian Bay; while Horseshoe Valley is located in the Copeland Forest; providing a backdrop for a myriad of tourism activities in all 4 seasons. The development of a Destination Master Plan will help both communities harness this potential in a strategic and meaningful way. Both municipalities have identified the need for a Destination Master Plan to guide municipal decisions. Realizing the importance of working together; the intent is to create an overall destination plan encompassing both municipalities; as well as specific recommendations for each community. Project partners providing support include: 0433 (2009103) Page 3 of 5 Page 72 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Tourism Development Fund Tay Township: CAO, Director of Planning, Director of Public Works Oro Medonte Township: COA, Director of Planning, Director of Public Works, Director of Recreation Province of Ontario: OMAFRA Rural Economic Development Consultant, MTOUR Toursim Industry Advisor Community Futures Development Corporations (CFDCs): Orillia Community Development Corp. North Simcoe Community Futures With input from: Skyline International 111. Financial Infoffnation: • Using the table provided below outline: the type and value of all costs, levels and sources of anticipated funding and in-kind contributions from private and public sector partners (including your own financial contribution) and the amount that you are seeking from the Tourism Development Fund. • Provide a detailed explanation on the financial sustainability of the project Project Expenses Ministry of Tourism Township of Oro Medonte Township of Tay Orillia Community Development Corp. North Simcoe Community Futures (TOTAL TDF Applicant Partners Partners Total Request Amount (Financial) (In-kind) $ 25,000 I $ 50,000 Is I $75,000 .5,25.000 I I I $25.000 $12.500 I I $12.500 $12,500 I I 512.500 $12,500 I $12,500 512,500 I I $12,500 $75,000 IV. Performance Measures: • Provide quantitative and qualitative evidence of how your project supports one or more of the following performance measures: • Improved visitor experience (e.g. visitor surveys) • Increased tourism investment • Increased visitation • Increased visitor spending The project is intended to create a positive environment nurturing tourism investment. The intent of the Destination Master Plan is undertake appropriate planning to assist in minimizing red tape and in making development-related decisions strategically in a timely manner. This is an important first step to insure the long-term growth and development of their business community. If appropriate planning is done at the beginning of this project, upon completion of the in 10-15 years, the community will derive ongoing economic benefit from additional municipal tax revenue, new jobs, youth retention and enterpreurship due to a significant increase in current tourism visitation numbers to the region. 0433(2009/03) Page 4 of 5 Page 73 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Appendix III • Township's of Oro-Medonte & Tay /Skyline International Draft Memorandum of Understanding Page 74 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Developing the Georgian Valley Memorandum of Understanding Framework for Establishing a Private/Public Partnership that will Enable the Development of Public Infrastructure and Facilities for this Unique Project 1. Purpose The purpose of the Partnership is to ensure there is a continuous an. &operAtive working relationship between the two municipalities and the private sector partner. Tht tnership is intended to facilitate the following: • Recognition by the Provincial and Federal governmeri to recd Tay Township, Oro- Medonte Township and Georgian Valley as a To urrsm Destination • Facilitate coordination and cooperation betw.ii the lower tier mumcip es and the Provincial Agencies, • Secure funding to allow the timely developme p the 46h, including pub infrastructure and facilities that are vital elements of this project This Memorandum of Understanding pro~ta framework foF 1l#iating the partnership and commencing preliminary work in the laun a Project, as out#}d in the Short-Term Goals in Section 5. Among the key short-term goals r tfii p of work w~ ° e to access government funding. 2. The Partners The following two pubh€c corporado' s and one prate corporation agree in principle to become partners for the purposes of pursuir* funding oppofties to assist with the development of the Georgian Valley project:._ ,w 450 148 Line 7 Sou Oro, ON LOL Skyline Investments 154 University Avenue Suite 200 Toronto, ON M5H 3Y9 Page 75 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Draft Memorandum of Understanding 3. The Proiect ,the Georgian Valley is a major tourism destination and economic development project, with a primary focus on new recreation and lifestyle opportunities that will attract new and existing residents and visitors. Combined developments at Port McNicoll in the Township of Tay, and Horseshoe Valley in the Township of Oro-Medonte, anchor the historic connection and are the two main attractions within the Georgian Valley project. These anchors are intended to spawaeconomic development in the two townships and Simcoe County through complimentary tourrM and commercial businesses. This impact is additional to the projected economic impts of the projects themselves. The development of the Georgian Valley will deliver municipalities involved in this partnership, and a host Georgian Bay area. These benefits will also accrue, and Canada. ? The project will provide significant short-term and long-tee well as being a key component in pursuing,, a potential for Georgian Bay area as a world-class destina460_,,, Page 2 of 6 to both ijties across the is impact and growth as ng development of the The development as a global Tourism Destination set Putt McNico and Horseshoe Valley apart from a typical residential and/or commercial velo rent It't ` bi this reason that they require the cooperation of both To Oii~as well as th'enior leveW~of Provincial and Federal government to provide pport tw them to tce place. Support from senior levelW, ove. ent will inclu~ the assistance necessary to the Townships to prepare for, an4 deal with t ts. While a very significant amount of this assistance istypical $.the fo funding frastructure, it will extend further to include assistance. with regional tg"ism ation programs, advertising, as well as community infrastructure that would otjtwise be , nd the means driven by typical projected growth, in short, providing the means na ssarymake these economic generators happen. 4. Uniqueness of vate/Public Partnership The Georgian Valley cgpkept is a unique project that will develop major tourism destinations in two neighbouring municipalities, and deliver substantial economic benefits across the County and beyond. Projects of this magnitude need to involve both private and public sector partners in order to maximize the opportunities and benefits that can be realized. Projects of this magnitude, in terms of geographic scope, overall level of investment and requirements for public infrastructure, need to involve both private and public partners to maximize the opportunities and benefits that can be realized. Page 76 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Draft Memorandum of Understanding Page 3 of 6 This project will contain both public & private elements: a. Municipal lands and facilities, i.e. roads, parks, buildings b. Municipally owned infrastructure, i.e. water, sewer c. Related facilities - other stakeholders, i.e. trails, buildings, etc., managed by other organizations d. Private lands and facilities - commercial and residential Extensive elements of land involved in the project development will remain in public hands, and some private lands may be deeded to the public, through the municipal partners. The Project Master Plan identifies an extensive amount of tourism, culture and open"space that will contribute greatly to the quality of lifestyle of the communities, in arScantly different fashion than any other developments within the municipalities The Georgian Valley project also involves two to be addressed, but with common interests, pa opportunities and benefits that can be realized 1 n rerAtion to the subs joint atid coordinated 5. Short-Term Project Goals and Obiectives The initial goals and objectives over the t~ ➢ Establish the Private/Public Partnersh Partnership Committee is anticipated t of Council, the Project Coordinator (hi Sector Partner. )i;- Begin immediate dialg,ueurt senior ➢ Begin immediate diIogue wifil ienior various levels of, g&~irnment ' ➢ Source and engage Gowemmen ~ g,eni with the Proiect and establlsliw&kiII$ ➢ Finalizc~oje„ ➢ Identy sources At the end of this F appropriate P2ii' shi Committee(s). The e ed of muni " taff, designated members nic ~alities)and the Private distinct needs g r3-6 months wouq a the following: omt u , levegovernm regarding funding opportunities levels < government regarding co-ordination between -s and ate Partners that can assist the Committee e}ati9hip with the Committee nt public agencies term funding Municipal Partners will be in a position to make ises of the Project, in conjunction with committed partners ark realistic fundii opportunities. 6. General Contributioiii pf EacJh'6f the Partners, Private Sector (SkyliWill: a. Continue to refine the Concept Master Plan for the Project, in consultation with the Partnership Committee, toward a public planning process. b. Provide Technical Project Management for the physical development of the Georgian Valley, as approved. c. In consultation with the municipal partners, work toward identifying the required infrastructure to allow the project to move forward in a timely manner. d. Provide funding support for the consultant identified in Section 7. Page 77 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Draft Memorandum of Understanding Page 4 of 6 Municipal Partners Will: 1. In consultation with the private sector partners, work toward identifying the required infrastructure to allow the project to move forward in a timely manner. 2. Provide funding support for the consultant identified in Section 7. 3. Working with the Project Coordinator and the private sector partner, provide technical assistance to determine the needs of the Project 4. Involve elected officials in Partnership Committee(s), and outreach public and senior levels of government 7. Retaining Exuert Resources to Reuresent the Partnershiu, The Partners (being Township of Tay, Township of Oro-146dpnte, and Skg#") agree to retain OEB Enterprise to provide the expert resources to furl the development ollt„Project . In particular, OEB Enterprise will deal with the follow for all Partners: a. Identifying/accessing senior government funding r.0, b. Co-ordination of Government relations - multiple I6v c. Liaise with Partnership Committee h Retaining the services of OEB Enterprise September, 2009. The fee sharing arrange r Y The upset limit for total fees payable to Tay and for the Township of Oro-Medont travel expenses. Y The fees will be spli equally ` een the i of the municipal :pirs, on a ~~mbursen ➢ OEB Enterprise will b4gi im4hately to County and the„Provincial aqd F&de~el basis wilt` effective as of mid- i OEB Entetp,e is as follows: will be~60,000 for the Township of 0 of applicable taxes and direct ners, to an upset limit of $30,000 for each Hunding opportunities through Simcoe government. 8. a. Nothl' this Agreem'fderogat from, or interferes with or fetters the exercise by the Township all of its ri and responsibilities as a municipality, or imposes any obligations on the To , in its rod` as a municipality, and the Township shall not be prevented from or prejudiced rryin "k ` t its statutory rights and responsibilities, including (whether discretionary or'rir , . ` ry) rights and responsibilities. Nothing contained in this Agreement derogates from or i 'rferes with or fetters the exercise by the Township's officers, employees, agents;"representatives or elected and appointed officials of all of their rights and responsibilities, or imposes any obligations on the Township's officers. b. Nothing contained in this Agreement shall derogate from the obligations and the rights of the Township as a planning authority pursuant to the Planning Act, including obligations of the parties complying with all other Township policies and by-laws in effect from time to time with respect to any matter whatsoever. c. The parties acknowledge that all information, documents and correspondence provided to the Township in connection with this Agreement will become the property of the Township, Page 78 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Draft Memorandum of Understanding Page 5of6 subject to the Municipal Freedom of Information and Protection of Privacy Act (Ontario) as amended ("MFIPPA") and subject to any other obligations of the Township to disclose information in its possession or control. d. Except as expressely provided for above, the parties expressly disclaim any intention to create a partnership or joint venture or to constitute the other party as its agent. Nothing in this Agreement shall constitute the parties partners or joint ventures, nor constitute one party the agent of the other party. e. No waiver of any provision of this Agreement is binding unless it is in writing and signed by both parties to this Agreement, except that any provision which doe4;pot give rights or benefits to particular parties may be waived in writing, signed onl by'tlle party which has rights under, or holds the benefit of, the provision being waived ithat party promptly sends a copy of the executed waiver to the other party. No failure tq p5c6h4k, and no delay in exercising, any right or remedy under this Agreement will,(e deem4taci be a waiver of that right or remedy. No waiver of any breach of any proyi#9 of this Agrftuent will be deemed to be a waiver of any subsequent breach of that pr `lion Orr of any similar j*ovision. f. Each party will promptly execute and deliver all rther documents and take"r~bfurtk►er action reasonably necessary or appropriate to give el et he pros, ions and intent 4this Agreement and to complete the matters contemplat t ' eement. g. The rights and remedies under this Agreement are cum ve and are in addition to and not in substitution for any other rights andXemedies available w or in equity or otherwise. No single or partial exercise by a party t3f anyy right or reme cludes or otherwise affects the exercise of any other right or remed*, to i ch that party m entitled. h. No amendment, supplement, restatement tlr termnl2ttqu of any provision of this Agreement is binding unless it is in writing and signed bJ eac# part' to 3,Agreement at the time of the amendment, suppleme4 s ment or terr*t tion. This Agreement enures to tM enefit a nd binds the Wic and their respective successors and permitted assigns. AN, 9. Termination It is ,d that each of th' rtners hright to terminate this partnership, on one month's advance notice for any reasa Page 79 of 186 Agenda Item # 10i) - Report No. CAO 2009-12, Robin Dunn, Chief Administrative Off... Draft Memorandum of Understanding Signatures: Township of Tay: Mayor Clerk Township of Oro-Medonte: Mayor Clerk Sky Nan Date: Page 6 of 6 Page 80 of 186 Date: Agenda Item # 101) - Robin Dunn, Chief Administrative Officer and Shawn Millet), W +1 r *16 0 • Page 81 of 186 get THE BE . CD CD ilr CuSto--T-"-,Prs. t that we provide QUI ers trus nize the pur Gusto a manner to rec°g Services 'vidual while serving the indi itiz . en interest of the c greater good Customer t ion Statemen _Nledonte is Nii Township Of Oro i hest quality The .0-vide the h g rsonal Jr ZI. dedicated to Service through es ect• of customer integrity and r p ri accountability dlineSs and p ~eliv de tO ed with friers our customers ensur ST Our Ern, to ee f Oro_Medonte is ship ° employees The TOwn r ortuovide our inmitted top nity for contin ous co u equal opP rOwth with and personal g learning and eMP Wee ? V~. y parry out ntSUrVell ction and gageM sat. sfa anumber ~f pas-' t~'o has undertaken over the P . The Township deTtaken improvement initsa e~ Program ~ years Health and ablishm ement program lan for a of eerform nce manag . Action P ent o P Est Process development Improved budget eT service and Enhanced focus on custom of vision and values 1 to lV ~ Wee out and eMP y carry sat' sfact on and eng ageM nt survl=y es « else ) °f emp choice the p toof of e and Z'ake be an emp ~ employe • e.nt to b f Cornrnltm oal feedback rom towards thls g . To move tial eme at is eSsen involy • And 1 to CD sCl ,am ,Customer ,Productivity ,profitability *Morale '.Commfitment ,.public Image I anon ~`Motiv .#Burn~Ut I ~.TuTnoVer 'S ealy" v~- carve Peo ple T he ~-ittee (y e-/ comet of a .worldia - ormati°n ° Office t F vention Assistan - Fire Pre . Services u h Murray ec and C°m ustodian Sanadie Spattrz _ R nance C S it -Malnte - F acil Y ier I AA- or jolie. Cooper - Cash oordinat joe Coop ittee CVanessa . to - Com-in munlcati°n arie Briset - E .A I C°m M thman ks Sainal1 blic wor finer Va Orr - Pu ans JaA~'S E-amlerie rth - Pl om~,vo Supervis°r Bos or _ Water and toped ques Fre bons cg r eg deved Ma ~ ntal scarvet then g°Vernmee Review o r o _~Iedon to O I 1 r.rP[~_ _ ! 1 * ■ Ni _ Agree to Ver. Strongl -rVe h a sliding Scale from developed Wit A series of z9 Statements with 1 Disagree dealing strong Y with co-workers ervisor Worizing relationship with immediate sup king relationship anceme onb t well done Wor - ortunities fOr ad for a l e ' ob Opp reCOgnltron training on th l - Emptorueenities for learning Opp° conditions • ob responsibilities physical w°rking s to carry out l - Adequate time resour ce Council supportior Management addressed) Leadership Sen own vole/position emposition cerns are wn Department) E con o loyee ee fit with is o f the Township, o - mploy unications U ward m role) - p cOm n1n1unications Ce•gs f oaunctions Dowlyward cO er Department C ork s ,here I work) e o f oth uality of to tell other t and _ Knowledgentlsupp°rt for q i Ce•g• proud out t0 ft ~ p commitm ith the Townsh p ough mall entification w - . ne and -thr Id roistered on 1 -SurVeY adm L ~„r f;re serV1C e - Survey ResuAs ~ The responses were grouped into io key factors. Z/3 or more expressed satisfaction in 7 of the io factors Factor % Satis. v (Q CD 00 00 0 h 00 rn Working relations with co-workers, 87 immediate supervisor Learning and training on the job 82 Satisfaction, personal fit with own 82 role/position Adequate resources, time to complete 70 work Commitment/support for quality of 67 work Downward communications 65 Employee identification with the 64 organization Average 74 _ e ~tS R. of the _ -SAtrvey o in1On on 3 fixed p ~t1On or a m d dissatisf a % Dissat.l .mplOyees e -preSSe Mixed Lo factOrs Factor Opinion 1 CD 45 for advancement, opportunity employee recognition 43 and support, Senior Leadership a and Council Management 41 and communications e 43 Upw pverag •elwateithd having a ex dissatisfaet1Onr Ad staff em loyeeS preSSed artments and ditionally ding p of other dep ¢04d underStan e day co nitl°n r!~~- to ee re Re.c' t Em ~aceme_ ram • for ad - e.nent pro g ortunA ce manag nd tj er form.an ests a Huh into p late to inter r or anon ate tralning should re • W vl the c° p it rid ,Integr onent ent , of the g . . n Comp ovem h the top ve Staf f .Tralnl .g r osslble m .who reac lie we ha sslon f o p for staff . ficatlons succe Incentive Certl luti°n . ck tralning we do it So stein to tra ed nal~Can w .IRIS sy at is untapp 1 (Eater ingy o f dept alning th ccor d lth tr and tram a nowledge w a ps ~ed to k ~ ,onog ~lst (llnl taf f . nternally ortunities e terest, use s 1 what opp al •I<.n° voles) cel~ pet s°n funct In • ons and . ons - lie e l fining sessl nch tra le Tx -~of the pa on ~niter -a ee reco in 1a adVane~east nit for • • n awards 0 ortu recognltl° n » ice u • d on serV at e recognltlo H 1 Excellence. lnue to bu1 to corpor d ISerVlce serVlce' .Coast nlt fllon 11oYnlnate . er cost°m ize) ' e rec°g am h _ ea (P-r .Llnk r oyee to eon cess . e a empl lunc t to Of .Instltut of Holiday rovemen rds as part mlcA imp ewsletter Aga sa f ety7 c° rl staff n alth and . n carte y he 1 ~ ~ st°rles -hl lzllg hts 'staff the ( ~ alth an g d ,Team e vvlth st nt to He mmunlcat ~ n comml dtme • ° 11 recognltl° time urles ay off .Counc o lost tim bonus become rds f o N t lunch' nd7 can ead etc. -Re~,,ja artrnen and be-YO m dept h - l.e ep • n above letter fro saf etY . • n f or gol g l toff ee 7 _ Recognltlo be lnforYna can e e coy ncl W th pe d nd- nt a -a~ Marra% S aTt d CAO d WVO , ent an Rem ramiagem • cation, ea~erslz~~ ith sensor commune ~-V~anessa an open door poliow rd down ward .Malntaln f meetings for upwa istal~es and foster the staf cAO allow rn the g°als .Neon ~ arded to as a coach owards the datlons ill sites forv~ taff I act a ributlons to-War men .meet of s ual cont. commen over . t indlvv tonal re E n1p hl hhgh d ro f ess ng, g p • ors ar leaf ni rtl~e of staff an u erVis ~ er ye and S p orate l p *Be suppo ers r p and cop , ion . forun~ ain g Manag its ubllc In for eal WO-v1~ sin co mmanlcat t . *Le adersh1pi. r oth later. u ward p et pro .Tearnb cess ildng b .municatl°nsee b g u and ud 36° C°m t decisi°ns .F team lnpu Allow f°r I nl+~ te_a ll~- Re •1es , t° aiscuss unet c(Mavige~ O PP and mmuw eetings PP w rocess' ward co tea staff m cts ~ revieP ocum.en ke d ~My Probe (36o) .Rg e ular d discuss Y discuss keY • d resolve iSSues until an budget) to an fo from co ining (Post discuss en tra taf f meetings 'datives etc' AnnualStaff orate ine do s i t items c°rP tier • ects and to budge aff newsle 'review Prod cts Qu arterlY st eetings to s and Probe ent Team. M rotes e a g inforfnal reviewing P• collectly ch to . on - .vvetl~ln .Team g aPProa resolute .PolicY for issue cO CD CD CD nl+~ te_a Re de artments. f other and understanding o de t and dge a outllnin wle Kno e artment and g p nd StafOf-re-J hart by dp s tional ofg• c tact loll of insl e staff functl taff t° .Funs , ons, and con Include or1entat ft _ s new ~ ocus on one • ntatlon ( ocatlon etc, F .prle . ce Versa 1 1•e staff tside and slVl r upd Sta •Sta fates °u tter - Co p f aps done f f Ne~'e and 11 ht 1 I pe d rh high g epartraent to Indude tour Of Townsh p arlentation dept and org• here artment w 1 Xerclse ct annua dep • to erson l y uilding e al Teamb t o f coma per roprla p ~nnu one porn hate to app -Need to have ed to C-vice) forward rV1Ce) cells can be gtomer se _ c0 CD CD f-- text 5tepin, - dations and recommen to finalize cil for consideration .people team Cl Coun easures fo-rwav to SMT an Witoutcome m d .Implementation plaii and 1St half of 201-0 developed th uarteT 2o09 .Implement in 4 q informed • remain ~ ~ review Progress staff will 201o rocess develops contact your depaTtment c0 .As this P ed, please lf ut is encourag or mYSe a d representative CD s?. CD Agenda Item # 10k) - Memorandum correspondence dated September 22, 2009 from Rich... own Township OJ MEMt~RA11DUM To: Committee of the Whole cc: Hugh Murray From: Richard Playfair Date: September 22, 2009 Proust Heritage, Exciting Future R.M. Fife Roll Subject: live at the Creek Concert - Burls Creek Fees for Services As Council is aware the "Live at the Creek" concert, staring Toby Keith, is being held on Friday September 25, 2009 at Burls Creek from 13:30 hrs to 23:30 hrs. All parties are desirous in forming a partnership to ensure Fire Protection and Fire Safety is provided at this event. After speaking with the organizers, we have agreed to the Memorandum of Agreement, which is enclosed for your viewing. Resp illly, Richard layfair Fire Chief Encls. q~-~ Page 96 of 186 Agenda Item # 10k) - Memorandum correspondence dated September 22, 2009 from Rich... MEMORANDUM OF AGREEMENT made this 22nd, day of Seotember, 2009 BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ("the Township") OF THE FIRST PART -And- LIVE AT THE CREEK OF THE SECOND PART WHEREAS it is understood that LIVE AT THE CREEK is a registered corporation in its own right and operates independently from the Corporation of the Township of Ora-Medonte; AND WHEREAS both parties are desirous in forming a partnership to ensure Fire Protection and Fire Safety is provided at an optimum level during the Toby Keith Live At The Creek event to be held at Burl's Creek Family Event Park in the Township of Oro-Medonte ; AND WHEREAS it is mutually agreed to that The Ora-Medonte Fire & Emergency Services will provide Fire Protection standby and Fire Safety response during the event to be held September 25th from 13:30hrs, to 23:30hrs. to "Live At The Creek" for fees for services. THEREFORE the parties here signed do agree to the following conditions: 1. Term of the Memorandum of Agreement f"MOA") 1.1 The term of the Memorandum of Agreement ("MOA") shall commence on September 25, 2009 and shall expire within 30 days of written agreement. 1.2 If the "township or Live at the Creek fail to perform or observe any covenant, condition or agreement to the performed or observed herein and such default continues un- remedied after written notice from either party may terminate this agreement within 30 days of receipt notice of such intent to terminate without prejudice to any other rights it may have in law or equity. Page 97 of 186 Agenda Item # 10k) - Memorandum correspondence dated September 22, 2009 from Rich... 2. Conditions: 2.1 The Township of Ora-Medonte will be responsible for the following- • Providing an immediate response to any fires at the Event. • Providing any Fire Safety assistance to the vendors, bands or general public in attendance. • Providing Fire Code Inspections and ensuring compliance. • Ensuring that 7 emergency personnel are available on site in a readiness position • Ensuring that a Pumper, Rescue and are in the readiness position to be used if required. • Ensuring that the Emergency Operations location is available if necessary. 2.2 Live At The Creek will be responsible for the following: • Ensuring that all Fire & Emergency Personnel are supplied with 1 lunch and 1 supper per emergency person along with drinks for the 10 hrs. during the event. • Ensuring that a means of egress is cleared for rapid response to Highway 11 by all Fire Emergency Vehicles. • Ensure that no campfires or BBQ's are allowed to be utilized at the event on Burl's Creek property. • Must provide an announcing system in order to facilitate an evacuation of persons in attendance. • Pryo Techniques, devices or Displays of any kind including fireworks are allowed to be used on the site during the event only if all documents are submitted and approved by Fire Prevention Inspector and the Fire Chief. • Ensure that NO open flame is being utilized anywhere in the Park. • To ensure that NO bonfires are to be lit in the Park during the event. • Ensure that Security personnel are briefed by the Fire & Emergency Procedures before the event commences. • Ensure that all vendors comply with the Fire Inspections provided by the Fire & Emergency Services Fire Inspector... • Report any contraventions to the Fire Inspector. 2.3 Fees for Services: • A total of 7 Emergency Services personnel will be continually be on stand-by during the event on September 25`h, 2009. • The requirement of 7 personnel for 10 hours during the day of the event will be supplied for Fire Services response only, • The costing of personnel is at the rate of $25.00 per person per hour, • Vehicle costing per day is a flat rate of $350 per vehicle per day, Pumper & Rescue). Page 98 of 186 Agenda Item # 10k) - Memorandum correspondence dated September 22, 2009 from Rich... • All fees for services must be paid in full before the conclusion of the event. • Then total fees for services to be made payable to the Township of Oro-Medonte and will be the responsibility of Live At The Creek to be paid before the conclusion of the event. • Total fees for services of Emergency Personnel $1,750.00 • Total fees for Emergency Vehicles 5 700.00 • Total fees for l=ire & Emergency Services $2,450.00 IN WITNESS WHEREOF the parties have hereto executed this Memorandum of Agreement; Township of Oro-Medonte: Mayor H.S. Hughes 1. Douglas Irwin, Clerk We have the authority to bind the Corporation Live At The Creek: Jack Dawson Page 99 of 186 Agenda Item # 11 a) - Councillors Allison and Agnew, Nottawasaga Valley Conservati... AWARDS Each year, the MICA recognizes 3 Conservation Champions and 1 Young Conservation Champion (19 years old or younger'). Champions can be individuals, community groups, businesses, and agencies who have undertaken pMects such as: • environmental restoration tree planting and forest management environmental education donation of conservation land or easement • implementation of environmental plans or policies advocacy for natural heritage protection '40W 4D Visit www.nvca.an.ca to get a nomination form or call the INCA office at (705) 424-1479, ext. 244. The deadline for nominations is Friday, October 9th, 2009. Conservat an Champions and their accomplishments will be celebrated at the annua) NVCA Evereteag of Thanks it) November Also, when you are visiting our web site, check out the latest issue of our quarterly newsletter, which can be found at the link below: httD://www.nvca.on.ca/LatestNews/index.htm Thanks and have a great weekend. Kim Garraway Communications and Public Relations Assistant Nottawasaga Valley Conservation Authority Tel 705-424-1479 ext. 244 Fax 705-424-2115 www. nvca. on.ca Consider the environment. Please don't print this e-mail unless you really need to. This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. Please contact the sender and destroy all copies of the original message. Thank you. Page 100 of 186 Agenda Item # 11 b) - Councillor Agnew, Correspondence dated September 13, 2009 fr... Peter Lamprey RECEIVED 3 Annwood Copse R.R. #3 SEP 17 1009 Shanty Bay, ON LOL 2LO ORO-MEDONTE TOWNSHIP September 13, 2009 Township of Oro-Medonte Box 100, Oro, ON LOL 2X0 Attention: Mayor Harry Hughes Councillor Sandy Agnew Roads Superintendent, Township of Oro-Medonte Ms. Andrea Leigh Dear Sirs: Re: Road Allowance abutting Bay Street in Shanty Bay As a taxpayer and long term resident of Shanty Bay, I wish to bring to your attention certain recent activity which has been occurring on the unopened road allowance which links the west end of Bay Street in Shanty Bay to Ridge Road. As you are aware, this road allowance abuts lands owned or controlled by Mr. Ronald McCowan, among others. You may recall a previous observation that an old driveway along the road allowance at its Bay Street end was being used by persons unknown as an access route for heavy equipment being used on Mr. McCowan's property. This observation resulted in the placing of large stones or boulders across the driveway to prevent the road allowance from being used for other than pedestrian traffic. It was recently observed that the stones have been removed, the unopened road allowance is currently being used for vehicular traffic, and a gate has been erected at the westerly end of what is now a clearly defined driveway terminating at Mr. McCowan's property. At a meeting between Mr. Tim Crooks, Mr. Peter Lamprey, and Mr. Ron McCowan at the location of the gate on September 13, 2009, Mr. McCowan admitted that he had erected the gate and claimed that he has a legal right to use the driveway, and claimed that the title to his property includes a registered right of way over the portion of the road allowance between the gate and the westerly end of Bay Street, which he says was granted to a predecessor in title in 1972. I have reviewed this conveyance and the deed to the Township, and they do not contain any such right- of-way or easement. L_ _ _ _ _ _ _ It. is entirely possible that the. driveway. is.being_used_by Mr. McCowan for-access. to-his property- _ _ _ - - Page 101 of 186 Agenda Item # 11 b) - Councillor Agnew, Correspondence dated September 13, 2009 fr... and that the purpose of the gate is to restrict other vehicular access along the driveway. This has been directly observed by a neighbouring property owner. . Upon being told that the gate was on Township property (i.e. the road allowance), Mr. McCowan advised that his surveyor, Mr. Alan Worobec, had led him to believe that the gate was on his own property, but that he would verify this with the surveyor. He further undertook to remove the gate if in fact it is found to be on Township property. As you are aware, it is the expressed interest of many residents of Shanty Bay that this land remain in as natural and undeveloped a condition as possible and that no farther use be made which is inconsistent with this aim. I wish to express my deep concern that an attempt appears to have been made to use the unopened road allowance as a private access road, apparently without the approval of the Township of Oro-Medonte and in direct opposition to the wishes of the residents. I ask you to immediately take all appropriate action to (a) ensure that Mr. McCowan honours his undertaking to forthwith remove the gate, and (b) to prevent this portion of the road allowance from being used as anything other than a walking trail. cc. - Mr. Tim Crooks Page 102 of 186 Agenda Item # 12a) - Minutes of Committee of Adjustment meeting held on September... Draft Township of Proud Heritage, Exciting Future Thursday, September 17, 2009 THE TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers 9:35 a.m. 2006 - 2010 COUNCIL Present: Michelle Lynch, Chair Lynda Aiken Bruce Chappell Garry Potter Regrets: Rick Webster Staff Present: Steven Farquharson, Intermediate Planner/ Secretary Treasurer; Meghan Keelan, Planner; Marie Brissette, Committee Coordinator/ Deputy Secretary Treasurer 1. OPENING OF THE MEETING BY THE CHAIR Michelle Lynch assumed the Chair and called the meeting to order at 9:35 a.m. 2. ADOPTION OF AGENDA a) Motion to adopt agenda. Motion No. CA090917-01 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment that the agenda for the meeting of Thursday, September 17, 2009 be received and adopted. Carried. Page 1 of 5 Page 103 of 186 Agenda Item # 12a) - Minutes of Committee of Adjustment meeting held on September... ~Dr* Minutes of the September 17, 2009 meeting of the Committee of Adjustment. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None declared. 4. ADOPTION OF MINUTES a) Minutes of the August 20, 2009 meeting. Motion No. CA090917-02 Moved by Aiken, Seconded by Chappell It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, August 20, 2009 be adopted as printed and circulated. Carried. 5. PUBLIC MEETINGS: a) 2009-A-24, Catherine Martin 46 Ward Avenue, Plan 979, West Part Lot 20, (Former Township of Oro) Variance for minimum first storey floor area. Catherine Martin and Anne-Marie Dean, applicants, were present Motion No. CA090917-03 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment approves Variance Application 2009-A-24, Catherine Martin, to permit the construction of single detached dwelling with a minimum first storey floor area of approximately 80 square metres, subject to the following conditions: 1. 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. 2. That the applicant meet all requirements set out to them by the Nottawasaga Valley Conservation Authority, if applicable. 3. That the applicant apply for a demolition permit prior to the issuance of a building permit. Carried. Page 2 of 5 Page 104 of 186 Agenda Item # 12a) - Minutes of Committee of Adjustment meeting held on September... Draft»; Minutes of the September 17, 2009 meeting of the Committee of Adjustment. b) 2009-13-33, David & Kathleen Levison Range 1, Pt of Lot 2, (Former Township of Oro), RP 51 R22929 Pt 1 to 3 Technical severance. Joy and David Levison, applicants, were present. A letter of objection from Peter Maxwell was read into the record. Motion No. CA090917-04 Moved by Chappell, Seconded by Aiken It is recommended the Committee of Adjustment grants provisional approval to Consent application 2009-B-33 for a technical severance to create a new lot which once existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage along Range Road of approximately 65.8 metres, a lot depth of approximately 172.2 metres and a lot area of approximately 5.2 hectares. The lands to be retained would have a lot area of approximately 8.9 hectares, 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 and submitted to the Secretary-Treasurer. 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; Furthermore, the legal description of the severed lot be identical to that contained in the original deed- and must be so designated on a Reference Plan to be provided by the Applicant. 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 4. That as per the request of the County of Simcoe, the applicant shall transfer to the Corporation of the County of Simcoe, at no cost, a fee simple, unencumbered interest in the following: A daylight (sight) triangle measuring 15 metres eat-west x 15 metres north-south west corner of the property adjacent to Councy Road 20 (Ridge Road) and the 5/6 Side Road. Carried. Page 3 of 5 Page 105 of 186 Agenda Item # 12a) - Minutes of Committee of Adjustment meeting held on September... ~`tft Minutes of the September 17, 2009 meeting of the Committee of Adjustment. c) 2009-B-24, Terence and Mary Hunter 5696 Concession 4 North Creation of a new lot. Mary Hunter, applicant, was present. Motion No. CA090917-05 Moved by Potter, Seconded by Chappell It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2009-B-24, being to permit the creation of a residential lot. The lot to be severed is proposed to have approximately110 metres of frontage on Line 4 North, and a lot area of approximately 0.87 hectares. The proposed retained lot would contain approximately 259 metres of frontage on Line 4 North, and a lot area of approximately 47 hectares, subject to following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; 2. That the maximum total lot area for the severed lot be no greater than approximately 0.87 hectares; 3. That the appropriate permit(s) and any other necessary approval(s) be obtained from the Nottawasaga Valley Conservation Authority 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's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That the applicant apply for a zoning amendment of the severed land to accurately reflect the proposed residential land use; 6. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 7. That all municipal taxes be paid to the Township of Oro-Medonte; 8. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 4 of 5 Page 106 of 186 Agenda Item # 12a) - Minutes of Committee of Adjustment meeting held on September... (Diol Minutes of the September 17, 2009 meeting of the Committee of Adjustment. 6. NEW BUSINESS: None. 7. NEXT MEETING DATE Thursday, October 15, 2009 at 9:30 a.m. 8. ADJOURNMENT a) Motion to adjourn. Motion No. CA090917-06 Moved by Aiken, Seconded by Potter It is recommended that we do now adjourn at 11:05 a.m. Carried. Michelle Lynch, Chair Steven Farquharson, Secretary Treasurer Page 5of5 Page 107 of 186 Agenda Item # 12b) - Minutes of Site Plan Technical Support Group meeting held on... wnsh%p of 5i To Proud Heritage, Exciting Future September 10, 2009 2:21 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough, arrived at 2:41 p.m. Councillor Mel Coutanche Councillor John Crawford Staff Present: Andria Leigh, Director of Development Services; Sherri Moore, Deputy Chief Building Official; Jerry Ball, Director of Transportation and Environmental Services; Meghan Keelan, Planner; Marie Brissette, Committee Coordinator. Also Present: Monty Childs, William Timpano, Hartley Woodside, Gordon Ball ADOPTION OF AGENDA a) Motion to adopt agenda. Motion No. SPTSG090910-01 Moved by Coutanche, Seconded Crawford It is recommended that the agenda for the Site Plan Control Technical Support Group meeting of September 10, 2009 be received and adopted. Carried. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None declared. *0 THE TOWNSHIP OF ORO-MEDONTE SITE PLAN TECHNICAL SUPPORT GROUP MEETING MINUTES Council Chambers Page 1 of 4 Page 108 of 186 Agenda Item # 12b) - Minutes of Site Plan Technical Support Group meeting held on... Wj Minutes of the September 10, 2009 meeting of the Site Plan Technical Support Group. 3. ADOPTION OF MINUTES OF PREVIOUS MEETING: a) Minutes of the Site Plan Control Technical Support Group meeting held on June 8, 2009. Motion No. SPTSG090910-02 Moved by Crawford, Seconded by Coutanche It is recommended that the minutes of the Site Plan Control Technical Support Group meeting held on June 8, 2009 be adopted as printed and circulated. Carried. 4. SITE PLAN APPLICATIONS: a) 2009-SPA-08, John McCymont 73 Healey Beach Road Removal of Hold on Private Road. Motion No. SPTSG090910-03 Moved by Coutanche, Seconded by Crawford It is recommended that Application 2009-SPA-08, John McCymont, 73 Healey Beach Road be received; and that application be forwarded to Council for consideration. Carried. b) 2009-SPA-09, Paul and Lorraine Lane 113 Brambel Road Amendment to Site Plan Agreement. Motion No. SPTSGO90910-04 Moved by Crawford, Seconded by Coutanche It is recommended that Application 2009-SPA-09, Paul and Lorraine Lane, 113 Brambel Road, be received; and that application be forwarded to Council for consideration. Carried. Page 2 of 4 Page 109 of 186 Agenda Item # 12b) - Minutes of Site Plan Technical Support Group meeting held on... *110 Minutes of the September 10, 2009 meeting of the Site Plan Technical Support Group. c) 2009-SPA-12, Solex Enterprises (William Timpano) 2877 Highway 11 North Site Plan Agreement for Commercial Storage Building. Motion No. SPTSG090910-05 Moved by Coutanche, Seconded by Crawford It is recommended that Application 2009-SPA-12, Solex Enterprises (William Timpano), 2877 Highway 11 North be received. Carried. d) 2009-SPA-04 (Montgomery W. Childs) 3193 Line 7 North, Lot 2, Concession 8 Roll #010-003-354-0000 Motion No. SPTSG090910-06 Moved by Crawford, Seconded by Coutanche It is recommended that Application 2009-SPA-04, Montgomery W. Childs, 3193 Line 7 North, Lot 2, Concession 8 be received. Carried. Motion No. SPTSG090910-07 Moved by Crawford, Seconded by Coutanche It is recommended that the correspondence dated September 9, 2009 from Hartley Woodside, Kathleen Clarke, Jane Ball and Gordon Ball be received. Carried. 5. ANNOUNCEMENTS None. Page 3 of 4 Page 110 of 186 Agenda Item # 12b) - Minutes of Site Plan Technical Support Group meeting held on... Minutes of the September 10, 2009 meeting of the Site Plan Technical Support Group. ADJOURNMENT a) Motion to adjourn. Motion No. SPTSG090910-08 Moved by Coutanche, Seconded by Crawford It is recommended that we do now adjourn at 3:18 p.m. 1, Carried. Andria Leigh, Marie Brissette, Director of Development Services Committee Coordinator Page 4 of 4 Page 111 of 186 Agenda Item # 12d) - Minutes of Recreation Technical Support Group meeting held THE TOWNSHIP OF ORO-MEDONTE RECREATION TECHNICAL SUPPORT GROUP MEETING MINUTES Council Chambers 7:06 p.m. Present: Regrets: Staff Present: ADOPTION OF AGENDA 2006 - 2010 COUNCIL Mayor H.S. Hughes, arrived at 7:15 p.m. Councillor Sandy Agnew, left at 7:55 p.m. Councillor John Crawford Ted Duncan Kelly Skinner-Meyer Linda Murray Reta Regelink Carolyn Tripp John Thornton Shawn Binns, Director of Recreation and Community Services; Marie Brissette, Committee Coordinator a) Motion to adopt the agenda. Motion No. RTSG090910-01 Moved by Tripp, Seconded by Skinner-Meyer It is recommended that the agenda for the Recreation Technical Support Group meeting of Thursday, September 10, 2009 be received and adopted as amended. Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None declared. Page 1 of 4 Page 112 of 186 Agenda Item # 12d) - Minutes of Recreation Technical Support Group meeting held Minutes of the September 10, 2009 meeting of Recreation Technical Support Group. 3. ADOPTION OF MINUTES OF PREVIOUS MEETING: a) Minutes of the Recreation Technical Support Group meeting of June 17, 2009. Motion No. RTSG090910-02 Moved by Duncan, Seconded by Regelink It is recommended that the Recreation Technical Support Group meeting held on June 17, 2009 be adopted as printed and circulated. Carried. 4. DEPUTATIONS: None. 5. COMMUNICATIONS: a) Shawn Binns, Director of Recreation and Community Services, re: Draft Strategic Facility Plan. Motion No. RTSG090910-03 Moved by Sinner-Meyer, Seconded by Tripp It is recommended that the verbal update provided by Shawn Binns, Director of Recreation and Community Services, re: Draft Strategic Facility Plan be received. Carried. b) Shawn Binns, Director of Recreation and Community Services, re: Line 4 Park update. Motion No. RTSG090910-04 Moved by Tripp, Seconded by Regelink It is recommended that the verbal update provided by Shawn Binns, Director of Recreation and Community Services, re: Line 4 Park be received. Carried. Page 2 of 4 Page 113 of 186 Agenda Item # 12d) - Minutes of Recreation Technical Support Group meeting held 04 Minutes of the September 10, 2009 meeting of Recreation Technical Support Group. c) Shawn Binns, Director of Recreation and Community Services, re: Fall 2009 Recreation Guide. Motion No. RTSG090910-05 Moved by Skinner-Meyer, Seconded by Duncan It is recommended that the verbal update provided by Shawn Binns, Director of Recreation and Community Services, re: Fall 2009 Recreation Guide be received. Carried. d) Shawn Binns, Director of Recreation and Community Services, re: Warminster Park "Danny McHugh Memorial Park" Opening Celebration - September 27, 2009. Motion No. RTSG090910-06 Moved by Skinner-Meyer, Seconded by Tripp It is recommended that the verbal update provided by Shawn Binns, Director of Recreation and Community Services and Ted Duncan, re: Warminster Park "Danny McHugh Memorial Park" Opening Celebration - September 27, 2009. Carried. e) Shawn Binns, Director of Recreation and Community Services, re: Bayview Memorial Park Creek Opening Celebration - September 24, 2009. Motion No. RTSG090910-07 Moved by Tripp, Seconded by Regelink It is recommended that the verbal update provided by Shawn Binns, Director of Recreation and Community Services, re: Bayview Memorial Park Creek Opening Celebration - September 24, 2009 be received. Carried. Page 3 of 4 Page 114 of 186 Agenda Item # 12d) - Minutes of Recreation Technical Support Group meeting held 60 Minutes of the September 10, 2009 meeting of Recreation Technical Support Group. f) Shawn Binns, Director of Recreation and Community Services, re: Draft Agreement with the Oro-Medonte Chamber of Commerce for Production and Printing of Three (3) Seasonal Issues of the Recreation and Community Services Brochure. Motion No. RTSG090910-08 Moved by Regelink, Seconded by Duncan It is recommended that the Draft Agreement with the Oro-Medonte Chamber of Commerce for Production and Printing of Three (3) Seasonal Issues of the Recreation and Community Services Brochure presented by Shawn Binns, Director of Recreation and Community Services be received and forwarded to Council for their consideration. Carried. 6. SUB-COMMITTEE UPDATES: None. 7. ANNOUNCEMENTS None. 8. NEXT MEETING DATE To be determined. 9. ADJOURNMENT a) Motion to adjourn. Motion No. RTSG090910-09 Moved by Skinner-Meyer, Seconded by Regelink It is recommended that we do now adjourn at 9:04 p.m. Carried. Councillor John Crawford, Shawn Binns, Director of Chair Recreation and Community Services Page 4 of 4 Page 115 of 186 Agenda Item # 13a) - Correspondence dated September 16, 2009 from Peter Maxwell, From: Peter Maxwell Sent: Wednesday, September 16, 2009 10:48 PM To: Keelan, Meghan Cc: Hughes, Harry Subject: Application for Consent 2009-B-33. Re: Technical Severance Dear Meghan, Thank you for your email. My telephone number, as per my previous phone messages and emails is not ( If you could please reply to my previous email, it would be greatly appreciated. I attach my submission to the Committee of Adjustment. If you could ensure that colour copies are provided to the members of the Committee of Adjustment, as well as the Mayor and Council, it would be appreciated. While the notice posted on site was almost 30 feet from the road, on the other side of a 10 foot wide weed filled ditch, surrounded by poison ivy, on an 8 1/2"x11" sheet of paper, I would not want to overstate the degree to which the notice was neither properly visible, nor legible. Printed colour photographs will give a clearer indication of the actual state of affairs than would a black and white facsimile. Again, thank you for your assistance in providing same to the Committee. While I am sure that there is a perfectly reasonable explanation as to why the notice was posted at the end of a dead-end road (only passed by three civic addresses: 1033, 1007 and 995 Range Road) rather than along the exponentially higher travelled Ridge Road West or 5/6 Side Road which comprise 95% of the public road perimeter of the subject property, the reasoning completely escapes me. I would be very interested to hear what I am sure was a well thought out decision in terms of locating the notice to best inform the ratepayers of the Township of Oro-' Medonte. Attached is a map providing context for the location of the notice. Again, if you could have colour copies of this map and a copy of this email provided to the Committee of Adjustment, the Mayor and Council for their reference, it would be appreciated. Thank you for your assistance. Again, if you have any questions, please feel free to contact me at 416 972-9810. Regards, Peter Maxwell Page 116 of 186 Agenda Item # 13a) - Correspondence dated September 16, 2009 from Peter Maxwell, VIA FACSIMILE, 4 PAGES September 16, 2009 Committtee of Adjustment Oro-Medonte Township 148 Line 7 S., Box 100 Oro, Ontario LOL 2X0 Phone: (705) 487-2171 Fax: (705) 487-0133 Attention: Steven Farquharson, Secretary Treasurer, Committee of Adjustment For Distribution to the Committee of Adjustment, the Mayor and Council Re: Application for Consent 2009-13-33 Dear Steven, Please ensure that this correspondence is provided to the Committee of Adjustment, the Mayor and Council prior to the Committee of Adjustment meeting of September 17, 2009 at 9:30AM It has come to my attention that there are at least two potential issues regarding the proposed application for Consent 2009-B-3 submitted by David and Kathleen Levison: 1) Posting of proper notice as per Planning Act: The planning act regulations (Planning Act, ONTARIO REGULATION 545/06 ZONING BY--LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS) stipulate that: " 4 Notice shall be given, (a) by personal service or ordinary mail, to every owner of land within 120 metres of the subject land, subject to subsections (5) and (6); and (b) by posting a notice, clearly visible and legible from a public highway or other place to which the public has access, at every separately assessed property within the subject land or, if posting on the property is impractical, at a nearby location chosen by the clerk of the municipality or the secretary-treasurer of the planning board. O. Reg. 545/06, s. 5 (4): ' httn://wwwe-laws.gov.on.ca/html/yeas/enOish/claws refAs 060545 e.htin In this case, the only notice provided was on an 8.5"xl1" yellow shcet, placed at the most inaccessible portion of the subject property, approximately 27 back from the Range Road, on the opposite side of a I O` wide ditch, behind a extremely large field of Poison Ivy. As can been seen from the attached photographs, the posted notice clearly fails the test of being legible. In addition, the regulations stipulate that this notice be posted "at every separately assessed property Page 117 of 186 Agenda Item # 13a) - Correspondence dated September 16, 2009 from Peter Maxwell, within the subject land" As the Application states, there are two assessment role numbers for this property: Westernmost parcel: 2533 Ridge Road West PIN# 585520158, ARN: 434601000706600 Easternmost parcel: No Civic Address PIN# 585520087, ARN: 434601000706410 After having thoroughly scoured the perimeter of the subject property, we were only able to locate the one, illegible, posted notice. Without the proper posted notice I would submit that the Committee of Adjustment lacks the authority to reach a decision on this application. 2) There seems to be some question as to the chain of title of the Easternmost parcel of the subject property. It may be the case that at the time the residential lot at the south-eastem most corner of the eastern parcel was severed, (2420 Ridge Road West: Lot 2, lst Range, Oro Township PIN# 585520157 ARN 434601000706400) that as a condition of severance the easternmost parcel be merged with the westernmost title so that there would be no new lot created. The planning report does not seem to contain the title search. One is underway, but will not be completed in time for the Committee of Adjustment Meeting September 17, 2009 at 9:30AM. I would object to the application for consent being granted at this time due to the reasons stated above. I would respectfully ask the Committee of Adjustment to defer any decision on this application until the following scheduled meeting, after proper posted public notice on both assessed. parcels, of a size and location that is of sufficient size so as to be visible clearly, and clearly legible from the public road. I would also ask that the Committee of Adjustment, the Mayor, and Council clearly convey to the Planning Department that proper posted public notice be provided for all applications as required by the planning act so that the ratepayers of Oro-Medonte Township may be fully informed of proposed development plans for their communities. I would ask that you stress that the point is to inform the ratepayers, so the notices should be placed in the most prominent locations possible. My apologies to the Committee for the last minute nature of this submission, but due to the lack of proper posted notice, I was not made aware of the matter until this past Monday. Page 118 of 186 Two Attachments follow Agenda Item # 13a) - Correspondence dated September 16, 2009 from Peter Maxwell, Vitw 0~ ter its - cpn~ n52 rzoad Page 119 of 186 Agenda Item # 13a) - Correspondence dated September 16, 2009 from Peter Maxwell, vt2 W o (~~~i(2, I~Ot~ i viS COn f'2~~ Page 120 of 186 p ~ic 6v\ Ar C&\Seo 2.U q-E -33 ~f,, / Q~~, ~ PrintPmview( is A~. we OS a° 9, ~r (os 1~~-~. V'-f s s.Umapss,mxa/GIS/WebPage~s7print/PrintPreviewPageaspx w Iz. y►,luch rn u~z h > 1,l eve l lOO( eld C2 " Wei ; d- or 5/:6 ' ii dz ~ra Z indkab sv c~ (D N O_ OD I of 3 .1 16109/09 10:32 PM bluc ~1a~mek~ raU, A V Agenda Item # 14a) - Correspondence dated September 9, 2009 from Hartley Woodside... September 9, 2009 To: Members of the Site Plan Committee Members of Council Oro-Medonte Planning Staff We first learned that our neighbour, the Childs, were about to open a paint ball amusement park less than two weeks ago. The opening for "Horseshoe Valley Paint Ball" was Saturday September 51h. We learned about the bylaw document 2009-084 just prior to the facility opening. We are opposed to the use of this land for this purpose. Various conversations have occurred with planning staff and some councillors to try to piece together an understanding of what is occurring. We understand the following. Mr. Childs applied to council to run a paint ball as a home occupation (home industry in his words) on his property. Because it would be a home occupation council did not have to rezone the property or enter into any discussion or consultation with the neighbours affected. Council then entered into a site plan agreement with the Childs, the terms of which violate the home occupation by-law. They also circumvent a rezoning. This has left us with a commercial enterprise on land zoned for no more than home occupation. On Tuesday Sept. 8th the planning staff informed us that on Thursday Sept 10 the Site Plan Committee would review and re- assess the agreement and the owners operation to "determine if the site plan agreement continues to be appropriate or if a rezoning is required.". This review is provided for in the site plan by-law(pg 6). We believe it affords councillors a unique opportunity. We believe that council members might not have fully understood the implications of what they were agreeing to when this bylaw was passed. We believe that council has mistakenly permitted a stealth rezoning for this commercial venture. We believe that residents with quiet rural property in Oro would be horrified (as we are) to know that they could wake up tomorrow to be faced by an amusement park on a neighbour's property and that the amusement park was Page 122 of 186 Agenda Item # 14a) - Correspondence dated September 9, 2009 from Hartley Woodside... being built without recourse, rezoning or consultation of any sort. We also believe that many commercial operators would be surprised to learn that a competing commercial venture can so easily be permitted without recourse, rezoning or consultation. To add insult the new business would have the tax advantage of being taxed as a home business. We ask the site plan committee to reconsider and withdraw bylaw 2009-084. We ask council to recommend and or support this withdrawal. A far as we can understand from our conversations with our councillor this business has been permitted under the home business zoning by-law, despite being in contravention of most of the provisions of that bylaw. It is already of a clearly commercial scale and the owners and lessees are intending to expand to become the biggest paint ball in the area. (Packet & Times, Tues. Sept. 8). The mandated review of bylaw 2009-084 offers members of council and the site plan review committee the opportunity to withdraw from this unfortunate adventure. We sincerely hope you take advantage of this opportunity. We are asking the site plan review committee and members of council to review this by-law and at the next council meeting withdraw bylaw 2009-084. Yours truly, Har.ley Woodside (16 Row anwood Rd) Kathleen Clarke (16 Rowanwood Rd) k.c(C. U J all (19 Ro anwood Rd) Gordon Ball (19 Rowanwood Rd) 01) 1 Page 123 of 186 Agenda Item # 14a) - Correspondence dated September 9, 2009 from Hartley Woodside... Jon Oelrichs (17 Rowanwood Rd t~ ie caj taS~ rn 3 Page 124 of 186 Agenda Item # 14b) - Correspondence dated September 9, 2009 from Gerry van Amelsv... Sept. 9, 2009 To: Members of the Site Plan Committee Re: Site Plan Review Meeting on Thursday Sept. 10 @ 2pm with respect to the newly created Paintballing Park We are the owners of the 5 acre parcel (severed off the Coulson Castle property - converted to a paintballing park) immediately to the north of said property. The closing date of our property was on March 31, 2009. At that point in time information pertaining to any paintballing park creation next to our lot had been withheld from us. We are shocked and outraged that land zoned with a rural - agricultural designation has literally overnight accomodated what appears to be a full scale commercial operation. Up until 10 days ago we were not made privy to this change in land use. Given the short time frame we have had to be made aware of this venture and the time of the site plan review meeting identified above, we ask for an adjournment of the site plan review meeting. Our community is horrified as to what has transpired and we believe that this matter must be brought in front of council so that a formal deputation can be made to voice our opposition to the creation of such an amusement park. Please advise us as to the date and time of the next council meeting. Sincerely, '_1 Gerry van Amelsvoort Vera Cameorn-van Amelsvoort Page 125 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-122 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and John Stewart McClymont and Catherine McClymont described as lands as follows: 73 Healey Beach Road, Part of Lots A and B, Plan 461, (formerly Township of Orillia), Being all of PIN 58531-0420 (LT) Roll # 4346-030-010-11500 Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062 a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By-Law; 4. THAT this By-Law shall take effect on the final passing thereof BY-LAW READ A FIRST AND SECOND TIME THIS 23RD OF SEPTEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF SEPTEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 126 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... APPENDIX "A" SITE PLAN AGREEMENT - between - JOHN STEWART McCLYMONT and CATHERINE McCLYMONT -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of Lots A and B, Plan 461, Part 7 & 8, 51 R28351 Township of Orillia (formerly Township of South Orillia), County of Simcoe 73 Healey Beach Road TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE September 23, 2009 By-Law No. 2009-122 Page 127 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 Page 128 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 23 day of September 2009, in accordance with Section 41 of the Plannina Act. BETWEEN: JOHN STEWART McCLYMONT and CATHERINE McCLYMONT Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit an addition to a single detached building on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: Page 129 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be N/A. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. i) The Owner acknowledges that the lot does not front on an improved public road, that the Township does not or is not required to maintain or snowplow the said road, that the Township will not take over or assume the private road as a Township public road or street unless it has been built according to the Township standards, then in force, and that the Township is not liable for any injuries, losses or damages as a consequence of the Township issuing a Building Permit. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the construction of an addition to a single detached dwelling as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. Page 130 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) Li htin All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parkino Areas and Drivewavs All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storaoe No outside storage shall be permitted between any buildings on the premises and any street. e) Garbage Storaae The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan f) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: Page 131 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.O.2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. Page 132 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) 1 1~ H.S. Hughes, Mayor J. Douglas Irwin, Clerk O n r: John Steward M ont Owner: Catherine McClymont' The Corporation of the Township of Oro-Medonte per: Page 133 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Stewart McClymont and Catherine McClymont LEGAL DESCRIPTION OF LANDS Part of Lots A and B, Plan 461, Part 7 & 8, 51 R28351 Township of Orillia (formerly Township of South Orillia), Township of Oro-Medonte County of Simcoe 73 Healey Beach Road Page 134 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Stewart McClymont and Catherine McClymont SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Page 135 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... SCHEDULE"C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Stewart McClymont and Catherine McClymont DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A Io Page 136 of 186 Agenda Item # 18a) - A By-law to Authorize the Execution of a Site Plan Control A... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Stewart McClymont and Catherine McClymont ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT WA Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. ii Page 137 of 186 Agenda Item # 18b) - Being a By-law to remove the Holding symbol applying to land... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-121 Being a By-law to remove the Holding symbol applying to lands located at 73 Healey Beach Road, Part of Lots A and B, Plan 461, Township of Orillia (formerly Township of South Orillia), County of Simcoe, Being all of PIN 58531-0420 (LT) Roll # 4346-030-010-11500 (McClymont) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1.Schedule 'At 9', to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "73 Healey Beach Road, Part of Lots A and B, Plan 461, Township of Orillia (formerly Township of South Orillia), County of Simcoe, Being all of PIN 58531-0420 (LT), Roll # 4346-030-010-11500" as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF SEPTEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF SEPTEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 138 of 186 Agenda Item # 18b) - Being a By-law to remove the Holding symbol applying to land... Schedule 'A' to By-Law No. 2009-121 This is Schedule W to By-Law 2009-121 passed the day of September, 2009. Mayor Clerk H.S. Hughes J. Douglas Irwin TOWNSHIP OF ®R®-ME®®NTE Page 139 of 186 \ I 1 Lands Subject to Removal of Holding Provision 73 Healey Beach Road ~i I Agenda Item # 18c) - A By-law to Repeal By-law No. 2007-004, A By-law to Appoint THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-124 A By-law to Repeal By-law No. 2007-004, A By-law to Appoint a Planning Advisory Committee And To Amend By-law No. 2007-021, A By-law to Appoint Representatives to Various Committees/Organizations and Technical Support Groups WHEREAS Section 8, subsection 1 of the Planning Act R.S.O. 1990, Chapter P.13, as amended, provides that the Council of a municipality may appoint a Planning Advisory Committee composed of such persons as the Council may determine; AND WHEREAS Council of the Township of Oro-Medonte did on the 10th day of January 2007, enact By-law No. 2007-004, A By-law to Appoint a Planning Advisory Committee; AND WHEREAS Council of the Township of Oro-Medonte did on the 14th day of February 2007, enact By-law No. 2007-021, A By-law to Appoint Representatives to Various Committees/Organizations and Technical Support Groups; AND WHEREAS Council of the Township of Oro-Medonte has determined that the Planning Advisory Committee, in the form established in By-law No. 2007-004, be dissolved; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That By-law No. 2007-004 be repealed in its entirety. That By-law No. 2007-021 be amended by the deletion of Schedule "A" in its entirety. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF SEPTEMBER, 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 Page 140 of 186 Agenda Item # 18d) - A By-law to amend the zoning provisions which apply to lands... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2009-125 A By-law to amend the zoning provisions which apply to lands within Part of Road Allowance known as Poplar Crescent, Part of Registered Plan 985, and Lot 23 of Registered Plan 985, municipally known as 117 Poplar Crescent, (Former Township of Oro), now in the Township of Oro-Medonte (Township-Roth 2009-ZBA-09) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of residential uses, in accordance with Section C5.3 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A5' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Road Allowance known as Poplar Crescent, part of Registered Plan 985 and Lot 23 of Registered Plan 985, municipally known as 117 Poplar Crescent, in the former geographic Township of Oro, now in the Township of Oro-Medonte, from unzoned road allowance lands and Residential Limited Service Holding (RLS(H) Zone to the Shoreline Residential Exception (SR'190) Zone as shown on Schedule `A' attached hereto and forming part of this By-law. 2. Section 7 - Exceptions of Zoning By-law 97-95 as amended is hereby further amended by the addition of the following subsection: 7.190 `190 - Part of Road Allowance known as Poplar Crescent, part of Registered Plan 985 and Lot 23 of Registered Plan 985, municipally known as 117 Poplar Crescent, (Former Oro) (a) Notwithstanding the provisions of Section 5.1 ACESSORY BUILDING, STRUCTURE AND USES, the following provisions is permitted on the lands denoted by the symbol "190 on the schedule to this By-law." as shown on Schedule "A" to this By-law; (i) Section 5.1.3 a) One detached garage is permitted in the front yard. (ii) Section 5.1.4 Maximum height - The maximum height of the detached garage in the front yard is 5.48 metres (18 feet). (iii) Section 5.1.5 Maximum lot coverage - The maximum lot coverage of all detached accessory buildings and structures on a lot, excluding boathouses, is 7.5 percent. (iv) Section 5.1.6 Maximum floor area - The maximum floor area of the detached garage in the front yard is 92.9 square metres (1,000 square feet). In addition the following provision applies: (b) Minimum lot frontage 20 metres (66 feet) 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 23T" DAY OF SEPTEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS TH DAY OF SEPTEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 141 of 186 Agenda Item # 18d) - A By-law to amend the zoning provisions which apply to lands... Schedule `A' to By-law No. 2009-125 This is Schedule 'A' to By-Law 2009-125 passed the day of , 2009. ;y f P_CR_l_Ap, CkRESGENS / i r T4 IR Lands to be rezoned to Shoreline Residential Exception 190 (SR*190) Mayor H.S. Hughes Clerk J. Douglas Irwin W Z TOWNSHIP OF ORO-MEDONTE (FILE 2009-ZBA-09) Page 142 of 186 Agenda Item # 18e) - A By-law to authorize a Temporary Use of certain lands for a... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2009-126 A By-law to authorize a Temporary Use of certain lands for a use not permitted by Zoning By-law 97-95 on lands described as Concession 8, Part of Lot 22 and Concession 9, West Part of Lot 22 (Former Township of Oro), now in the Township of Oro-Medonte, and municipally known as 241 Line 7 South & 229 Line 8 South (576487 Ontario Limited -Burl's Creek 2009-ZBA-14) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS an application has been submitted to the Township of Oro-Medonte to establish a Temporary Use; AND WHEREAS Council deems it appropriate to grant a Temporary Use in accordance with Section E1.2 of the Official Plan; AND WHEREAS Section 39 of the Planning Act, R.S.O. 1990 c.P.13, as amended, in accordance with Section 34, provides the authority to establish temporary uses; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Notwithstanding the permitted uses of By-law 97-95 as they apply to 241 Line 7 South, being Part of Lot 22, Concession 8 and 229 Line 8 South, being West Part of Lot 22, Concession 9 (Former Township of Oro), as shown on Schedule "A" attached hereto, these lands may be temporarily used for accessory overnight camping, parking, and ancillary uses to the adjacent special events park on Friday September 25, 2009. 2. Schedule "A", attached forms part of this By-law. 3. This By-law is enacted by Council in accordance with the Planning Act, will take effect on Friday September 25, 2009 and is in effect until Saturday September 26 and is hereby repealed after that date. BY-LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF SEPTEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 23 RD DAY OF SEPTEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 143 of 186 Agenda Item # 18e) - A By-law to authorize a Temporary Use of certain lands for a Schedule `A' to By-law No. 2009-126 This is Schedule 'A' to By-Law 2009-126 passed the 23rd day of September, 2009. Lands Subject to Temporary Use By-law u L, ASS RFD tj' 0i LW Z J L I ' S J ' 0 170 340 680 1.020 1.360 001~ ~ Meters Mayor H.S. Hughes Clerk J. Douglas Irwin vl~z_ _ rti - P UC7HO E~B©ULIF A RD TOWNSHIP OF ORO-MEDONTE (FILE 2009-ZBA-14) Page 144 of 186 Agenda Item # 18f) - A By-law to amend the zoning provisions which apply to lands... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2009-127 A By-law to amend the zoning provisions which apply to lands within Part of Lot 15, Concession 1, 5219 Highway 11 North (Former Township of Orillia), now in the Township of Oro-Medonte (911214 Ontario Ltd 2009-ZBA-12) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of commercial uses, in accordance with Section C9 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A11' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 15, Concession 1, municipally known as 5219 Highway 11 North, in the former geographic Township of Orillia, now in the Township of Oro-Medonte, from Agricultural/Rural (A/RU) Zone to the General Commercial (GC) Zone as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 23 RD DAY OF SEPTEMBER, 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 Page 145 of 186 Agenda Item # 18f) - A By-law to amend the zoning provisions which apply to lands... Schedule `A' to By-law No. 2009-127 This is Schedule W to By-Law 2009-127 passed the day of , 2009. f i _w Lands to he Rezoned fi om the Agricultural Rural (A)RU) tothe General Commercial (GC) Mayor H.S. Hughes Clerk J. Douglas Irwin 0 28 40 80 128 188 Inters TOWNSHIP OF ORO-MEDONTE (FILE 2009-ZBA-12) Page 146 of 186 I I Agenda Item # 18g) - A By-law to Amend By-law No. 2009-022, Being a By-law to pro... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-128 A By-law to Amend By-law No. 2009-022, Being a By-law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of The Township of Oro-Medonte WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25 states a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the following spheres of jurisdiction: highways including parking and traffic on highways; AND WHEREAS Council for the Township of Oro-Medonte did on the 25th day of February 2009, enact By-law No. 2009-022. Being a By-law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro-Medonte; AND WHEREAS Council for the Township of Oro-Medonte does now find it expedient to amend By-law No. 2009-022; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That Schedule "A" COLUMN 1 HIGHWAY Line 7 South Line 8 South Line 9 South to By-law No. 2009-022 be I COLUMN 2 I SIDE I East and West Sides East and West Sides East and West Sides amended by adding: COLUMN 3 FROM - TO Hwy #11 to Ridqe Road Hwy #11 to Ridqe Road Hwy #11 to Ridqe Road This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF SEPTEMBER, 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 Page 147 of 186 Agenda Item # 18h) - Being a By-Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-129 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND TAMMY REYNOLDS TO ALLOW FOR TWO DWELLINGS 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 desirable to enter into an agreement dated September 9, 2009, for a 12 month period from the date of building permit issuance, with Tammy Reynolds to temporarily reside in the existing dwelling which will be demolished after the completion of the new dwelling at 1184 15/16 Side Road East, West Part of Lot 15, Concession 11 (Oro), Township of Oro-Medonte. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the 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 23RD DAY OF SEPTEMBER, 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 Page 148 of 186 Agenda Item # 18h) - Being a By-Law to Authorize the Execution of an Agreement Be... Schedule "A" to By-law No. 2009-129 AGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, I, Tammy Reynolds, of the Township of Oro-Medonte (formerly Township of Oro) in the County of Simcoe, covenant and agree as follows: 1. That I am the registered owner of West Part of Lot 15, Concession 11 being more particularly described as 1184 15/15 Sideroad East. 2. That I have applied to the Council of the Corporation of the Township of Oro-Medonte for permission to temporarily reside in our existing dwelling on the above-mentioned lands, at the same time as a new dwelling is under construction on those same lands, wherein such procedure is not provided for under the provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That I hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for the twelve month period from permit issuance or until completion of the proposed new dwelling, whichever is the lesser period of time; and b) That on completion of the new dwelling, as evidenced by a Provisional Occupancy Certificate, the existing dwelling is to be removed within one month to the satisfaction of the Township's Chief Building Official; and c) That application to the Township of Oro-Medonte for a temporary use permit will be made forthwith (Fee $100.00). 4. That certified funds in the amount of $20,000.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sole discretion. 5. That I hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. 7. 1 hereby covenant and agree to indemnify and save harmless the Township of Oro- Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. Date Tammy Reynolds, Owner Mayor, H. S. Hughes Clerk, J. Douglas Irwin Witness Page 149 of 186 Agenda Item # 18i) - A By-Law to Authorize the Execution of an Agreement Between THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-130 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND THE ORO-MEDONTE 77'S JUNIOR HOCKEY CLUB WHEREAS the Municipal Act, 2001,S.0. 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 desirable to enter into a agreement with the Oro-Medonte 77's Junior Hockey Club, during the 2009/2010 hockey season. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By-Law. 2. THAT This Agreement shall be in force and effect from September 16, 2009 to April 6, 2010 or until the end of The Club's 2009/2010 Hockey season, whichever date occurs first. The date will not go beyond April 9, 2010. 3. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF SEPTEMBER, 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 Page 150 of 186 Agenda Item # 18i) - A By-Law to Authorize the Execution of an Agreement Between This Agreement made this _ day of BETWEEN: The Township of Oro-Medonte (hereinafter called "the Township") - and - The Oro-Medonte 77's Junior Hockey Club (hereinafter called "The Club") WHEREAS The Club has the intention of utilizing the Oro-Medonte Community Arena, hereinafter referred to as "The Arena", during the 2009/2010 hockey season; AND WHEREAS all parties wish to clarify the conditions affecting use of The Arena; NOW THEREFORE the parties hereto covenant and agree each with the other as follows: Term of Aureement This Agreement shall be in force and effect from September 16, 2009 to April 6, 2010 or until the end of The Club's 2009/2010 Hockey season, whichever date occurs first. The date will not go beyond April 9, 2010. 2. Use of Facility (a) In accordance with this Agreement and the Township Facility Permit, which is issued further to this Agreement, the Club is hereby entitled to use The Arena facilities to play each of its regularly scheduled hockey games of its league schedule and its playoff schedule for the 2009/2010 hockey season. (b) The Arena facilities, which The Club shall be entitled to use for the duration of this Agreement, shall include the following: (i) The ice surface including seating areas for games and practices. (ii) Dressing room 5 and 6 for game nights *Equipment is to be removed after game completion and stored in outdoor storage container to be provided by the Club at its expense in consultation with the Township. 1of10 Page 151 of 186 Agenda Item # 18i) - A By-Law to Authorize the Execution of an Agreement Between (iii) Banquet Hall (under Separate Permit) 3. Conditions of the Arena/Banauet Hall Facilitv Permit (a) The Recreation and Community Services Department may cancel this Agreement and the attached Township Facility Permit (hereinafter "Permit") upon notice at any time if The Club does not meet the obligations set out therein including timely payment. (b) The Permit holder must comply with all Federal and Provincial laws and Township By-laws, and with all Township policy and procedures. (c) The Permit holder is prohibited from selling or distributing articles in any facility without prior consent from the Director of Recreation and Community Services. (d) The Permit holder agrees to follow all posted rules and regulations of The Oro-Medonte Community Arena. All activities must be conducted in a professional manner. (e) The Permit holder must be 18 years of age or older and must be present for the duration of times as outlined on the Permit. (f) It is also agreed that no food and/or beverages will be sold on The Arena premises, excluding the Booster Club where alcohol may be served in accordance with Township of Oro-Medonte Municipal Alcohol Policy. (g) The Oro-Medonte is a smoke free facilitv and all visitors to the facilitv must abide by the no-smokine regulations in place. (h) Flood Time: i) One ice hour ice time will be based upon a 50 minute hour allowing for 10 minute flood time. ii) The Township reserves the right to adjust ice time for additional flood time if required to maintain ice thickness requirements. (i) Banquet Hall (i) A booster club will be permitted in the banquet hall on game nights under separate permit. The permit will be subject to the terms and guidelines in the Municipal Alcohol Policy. (ii) No minors will be permitted in the Banquet Hall for a special occasion permit function. The club shall be responsible for ensuring compliance with the Municipal Alcohol Policy. 2of10 Page 152 of 186 Agenda Item # 18i) - A By-Law to Authorize the Execution of an Agreement Between 4. Rental Fee (a) The Club hereby agrees to pay $77.00 / hour for non-prime time rental and $130.00 /hour for prime time rental, inclusive of GST, per hour for each hour or portion thereof of ice time scheduled or used by The Club; (b) The club agrees to pay $164.00 for licensed functions in the Banquet Hall (Booster Club) $290.00 for Special Events with LCBO Special Occasion Permit and $28.00/ hour for meetings. (c) The Club hereby agrees to arrange for and to pay directly for the cost of employing all attendants necessary for the sale and retrieval of all tickets required at games, plus the supervision of the building in order to assure the safety of the public and the security of The Arena facility. Adequate attendants are necessary to ensure all entrances are monitored. Kevs (a) The Township shall at its discretion supply keys to the Club. (b) Keys cannot be consigned to others unless The Club has obtained the prior written approval of the Township. 6. Buildine Securitv and Protection of the Public (a) The number of Police Officers/Security Staff required to be on duty will be determined by The Club in conjunction with the Township, recognizing that it is The Club's responsibility to protect the public, maintain crowd control and ensure that The Arena is being operated in a safe manner during all of The Club's games. (b) Any person who has in his or her possession any intoxicating substance or who appears to be impaired or displaying improper conduct will be removed from the Facility. (c) The Club shall be responsible for providing parking attendants if requested by the Township. 3of10 Page 153 of 186 Agenda Item # 18i) - A By-Law to Authorize the Execution of an Agreement Between Adherence to Legislation. By-laws and Policv (a) The Club agrees to assure that its use of the Arena, including the Banquet Hall for Booster Club purposes, shall conform to all relevant Township by-laws and policy, Provincial/Federal legislation and the regulations of the Liquor License Control Board of Ontario. 8. Requirements Regarding Serving Alcohol: (a) In the event The Club wishes to serve alcohol, it is the sole responsibility of The Club to obtain a liquor license and to provide a copy of the license to the Recreation and Community Services Department in advance. (b) All servers must have Smart Serve certificates. (c) Compliance is required with the Township Municipal Alcohol Policy. The Club will be held solely liable for injuries and/or damages arising from failure to adhere to Township policy and regulatory requirements. 9. Fire Safetv (a) All announcements will be made by The Club over the Arena public address system regularly before and during each game advising the public that smoking is prohibited in all areas of the Arena. Also, The Club shall announce the license plate number of vehicle(s) parked in the fire route outside The Arena and request that all vehicles be relocated from the fire route in a timely manner, The Township reserves the right to contact the Ontario Provincial Police, and or Oro-Medonte Fire Department and advise them of any situations that may arise in this regard. (b) The Club shall check the number of people being admitted to each game and ensure that the maximum number does not exceed 400 persons. The distribution of spectators shall be as follows: Bleachers -225 persons Lobby Seated - 35 persons Standing (Lobby and Stands) - 40 persons Banquet Hall - 100 persons Note: The maximum occupancy and the following distribution numbers are based on crowd control and functionality of facility. It is understood that the movement of spectators will occur throughout the hockey games. 4 of 10 Page 154 of 186 Agenda Item # 18i) - A By-Law to Authorize the Execution of an Agreement Between (c) The occupancy in the following areas shall be maintained at all times: Bleachers - 225 Seated and 40 Standing Lobby - 35 Seated and 60 Standing Banquet Hall - 250 without tables and chairs - 200 with tables and chairs The number of people attending shall be provided to the Arena Attendant at the start of each game. (d) The Club shall advise and provide confirmation in writing to the Township at least fourteen days in advance of any planned special event programs for any game. (e) All exits must be kept free and clear at all times. (f) The Club will be required to attend training and carry out all fire evacuation procedures as directed by Township Arena Attendants for which an acknowledgement of undertaking will be signed. (g) The dressing room hallway must be kept clear at all times. The Club will advise visiting teams of this requirement. 10. Season Scheduling (a) The Club agrees to the schedule of times and dates indicated on the Permit when the Arena will be required throughout the season. Cancellation and additional bookings must be confirmed with the Township in writing at least one week in advance of the date in question. The normal hourly rate will be charged in accordance with paragraph 4(a) hereof if cancellations are not received at least one week in advance. Unavoidable emergency cancellations (i.e. road closures) will be accepted by the Township up to two hours before the game time with no penalty or charges to The Club or commitment from the Township to provide alternate ice time. The days and times indicated on the Permit will continue depending on The Club's Hockey season as required but not beyond April 9, 2010. (b) Excluded Dates: Dates excluded will be indicated on the Permit including certain holidays, tournaments and other events. 5 of 10 Page 155 of 186 Agenda Item # 18i) - A By-Law to Authorize the Execution of an Agreement Between 11. Record Keening The Club agrees to maintain an accurate count of the number of people admitted for each game. The Club agrees to maintain all necessary records for the duration of this Agreement and to provide a detailed breakdown of attendance to the Township upon request. 12. Removal of Offending Patrons Township employees shall have the right to refuse admission to any person or persons to the Arena, or may require that any person leave or be removed from the Arena. 13. Damage to the Premises The Club agrees to assume responsibility for all costs relating to repairs to The Arena structure and contents resulting from misuse of the facilities by The Club or its guests. 14. Stored E ui ment It is understood and agreed that any equipment left or stored at the Arena shall be the responsibility of The Club and The Club agrees to indemnify and save harmless The Township for any claim or claims against such equipment so left or stored. The Club agrees to remove all equipment from The Arena, including equipment belonging to its hockey players, immediately at the end of the hockey season. The Club is obligated to ensure that storage is neatly organized and not in contravention of fire codes or health standards. The Township reserves the right to inspect the rooms used by The Club and stipulate requirements to ensure health & safety. 15. Local Hockev Assistance The Club will provide players, coaches and training staff to assist Oro-Minor Hockey with its local hockey program. The Club also agrees to provide additional assistance to the Oro-Minor Hockey League and Oro Skating Club with terms being agreed upon between the parties. 16. Use of Banquet Hall The Club shall be entitled to have the use of the Banquet Hall in The Arena subject to availability under separate permit at the described costs in 4b. The terms of this agreement will also apply to use of the Banquet Hall. 6 of 10 Page 156 of 186 Agenda Item # 18i) - A By-Law to Authorize the Execution of an Agreement Between 17. Use of Township Svmbol or Loao The use of The Township symbol or logo is not permitted and is strictly prohibited without written consent from the Director of Recreation and Community Services. 18. Invoices and Pavment (a) Monthly payments of 2198.33 for 6 months from The Club to the Township commencing September, 2009 for ongoing ice rental. Payments are due the last business day of each month. The final month will be adjusted to reflect the actual balance due. Monthly statements will be issued. The parties hereto agree to keep proper and complete accounts to enable each party to obtain sufficient information in order to determine what monies are due and payable under the terms of this Agreement. A representative of the Township of Oro-Medonte will be on the Oro- Medonte 77's Executive to act as liaison for the Township and will attend monthly meetings of the Executive. (b) Overdue accounts will be charged interest at a rate of 18% per month; failure to pay accounts promptly may result in Agreement and Permit cancellation. 19. Insurance The Club shall provide an up-to-date copy of its liability insurance policy with coverage of not less than TWO MILLION DOLLARS ($2,000,000.00) showing the Township as an additional named insured. 20. Guarantee (a) The Oro-Medonte 77's Hockey Club, of the Township of Oro-Medonte, County of Simcoe, hereby guarantees all and punctual payment of monies which are, or may become due and owing to the Township by The Club in accordance with the terms of this Agreement. (b) If The Club: (i) shall fail to pay any of its monthly installments for on-going ice rental or other sums payable under this Agreement when due, and allow such default to continue for five (5) days following the giving by the Township to The Club of written notice of such default; or (ii) if The Club shall fail to perform any of the other covenants or conditions in this Agreement or if The Club fails to observe or 7 of 10 Page 157 of 186 Agenda Item # 18i) - A By-Law to Authorize the Execution of an Agreement Between perform any of the above, and allows any such default to continue for fifteen (15) days following the giving by the Township to The Club written notice of such default; then, the Term of this Agreement may, at the option of the Township and without notice to The Club, be terminated and the entitlements vested in The Club and any and all other rights of The Club hereunder shall thereupon immediately cease and expire as fully and with like effect as if the entire term of the Agreement had elapsed. (c) If The Club shall default in the performance of any covenant (other than any covenant to pay Rent) on its part to be performed under this Agreement, and if such default shall continue for fifteen (15) days following the giving by the Township to The Club written notice of such default, the Township may enter upon the assigned rental premises and shall not be liable to The Club for any loss or damage to The Club's merchandise or business caused by acts of the Township, acting reasonably in so remedying the default or neglect of The Club. (d) If the Township at any time is compelled or elects to pay any sum of money or do any act which would require payment of any sum of money by reason of the failure of The Club to comply with any provisions of this Agreement or if the Township is compelled or elects to incur any expense, including legal fees, by reason of any default of The Club under this Agreement, the sum or sums, including legal fees on a solicitor and client basis, so paid by the Township with all interest, costs and damages shall be deemed to be Additional Rent hereunder and shall be paid by The Club to the Township forthwith upon demand and upon presentation of proof of payment. (e) If the Township shall re-enter or if the Agreement shall be terminated as set out above, then Rent in the form of the monthly installments shall immediately become due from The Club and be paid up to the time of such re-entry or termination, together with reasonable expenses of the Township.. 21. Termination Uaon Notice Without Cause The Township shall have the right to terminate this Agreement, in whole or in part, without liability, upon completion the Term of the said agreement. 8of10 Page 158 of 186 Agenda Item # 18i) - A By-Law to Authorize the Execution of an Agreement Between 22. Termination Uvon Notice With Cause The Township may terminate this Agreement forthwith, without liability, and without limiting any of its other rights or remedies, upon written notice to The Club if: (a) The Club is in breach of, or attempts to breach, any of its obligations under this Agreement; (b) The Club is unable to pay its debts when due or is insolvent, is ordered or adjudged to be bankrupt, is placed in the hands of a receiver, enters into any scheme or composition with her creditors, is dissolved, liquidated or wound up, or makes any assignment for the benefit of their creditors; or (c) Either party is unable to carry out their obligations under this Agreement by reason of a Force Majeure, meaning any bona fide delay or state of affairs beyond the control of a party (other than as a result of financial incapacity) which shall cause any party to be unable to fulfill or to be delayed or restricted in the fulfillment of an obligation. 23. Assignment The Club may not assign this Agreement or any of its rights hereunder or assign or delegate any of its obligations hereunder without the prior written permission of the Township. Any such assignment shall be null and void. This Agreement and The Club's rights and obligations hereunder may be assigned by the Township. This Agreement shall bind and inure to the benefit of the parties hereto and their respective and permitted successors and assigns. 24. Entire Agreement This Agreement contains the entire agreement between The Club and the Township and supercedes any prior agreement, obligation, statement, representation, understanding, warranty or communication, whether oral or written. No waiver or modification of any provision of this Agreement shall be binding unless it is in writing and signed by each of the parties. 21. Notice Any notice required or permitted to be given hereunder shall be given in writing and shall be deemed to have been received (i) upon personal delivery, or (ii) five days after being deposited in the Canadian mail system, whether by registered or certified mail, express mail, or postage prepaid, where addressed to either party at the addresses set forth herein. Either party may change its address for the purpose of notice by giving written notice to the other party of such change. 9of10 Page 159 of 186 Agenda Item # 18i) - A By-Law to Authorize the Execution of an Agreement Between Notice under this Agreement shall be provided to: TO: Oro-Medonte 77's Hockey Club c/o Mark Cardiff 104 Cumberland St. Barrie, ON L4N 2P7 Telephone Number: (705) 796-8343 AND TO: The Corporation of the Township of Oro-Medonte 148 Line 7 South Box 100, Oro, Ontario Oro, Ontario LOK 1TO Attention: Director, Recreation and Community Services Telephone Number: (705) 487-2171 Extension 7237 Fax Number: (705) 487-0133 SIGNED, SEALED and DELIVERED by the parties hereto: Signed in the presence of: The Corporation of the Township of Oro- Medonte Per: Harry Hughes - Mayor Per: Doug Irwin - Clerk Signed in the presence of: The Oro-Medonte 77's junior Hockey Club Per: Per: We have the authority to bind The Oro- Medonte 77's Junior Hockey Club 10 of 10 Page 160 of 186 Agenda Item # 18j) - Being a By-Law to Authorize the Execution of a Contract Betw... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2009-132 Being a By-Law to Authorize the Execution of a Contract Between The Township of Oro-Medonte and The Oro-Medonte Chamber of Commerce 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 Council deems it expedient to enter into a contract with the Oro- Medonte Chamber of Commerce for the production of the recreation and Community Services Brochures; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Contract 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 23RD DAY OF SEPTEMBER, 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 Page 161 of 186 Agenda Item # 18j) - Being a By-Law to Authorize the Execution of a Contract Betw... CONTRACT between THE TOWNSHIP OF ORO-MEDONTE (hereinafter referred to as "the Township") OF THE FIRST PART And THE ORO-MEDONTE CHAMBER OF COMMERCE (hereinafter referred to as "the Contractor") ON THE SECOND PART THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual covenants and agreements herein contained and subject to the terms and conditions hereinafter set out, the parties hereto covenant and agree as follows: The contractor will provide the following services: 1. The production and printing of 3 seasonal issues of the Recreation and Community Services brochure. One for the winter, spring/summer and fall 2010 sessions respectively. 2. The guide will be printed with the following specifications: • Format: Halftab • Files supplied: as PDFs • Bleeds: Yes • Stocks: Text - 301b standard newsprint and Cover - 701b coated • Colour: all process • Page size: stitched and trimmed to 8 1/8" x 10 5/8" • Folding: same as page size • Delivery: 32 pages of content plus 4 page cover, 12,000 copies 3. The graphic design and production of all 3 issues; including cover art, formatting and inclusion of any required graphics and images. 4. Delivery of the guide to the Post Office located at 2921 HWY 11 N ORO ON LOL 2X0 by the following deadlines: • Winter Guide: November 23, 2009 • Spring/Summer Guide: February 15, 2010 • Fall Guide: August 9, 2010 5. The allotment and selling of advertisement space within each issue, the collection of said fees and the associated revenue generated as a result. The township will provide: 1. Brochure content in text format and any pictures to be included. 2. A copy of the last guide as a graphic file for reference. Page 162 of 186 Agenda Item # 18j) - Being a By-Law to Authorize the Execution of a Contract Betw... 3. $1,800.00 per seasonal issue as payment to the contractor. 4. Additional pages will be paid for by the Township of Oro-Medonte at the rate charged by the printer. 5. The Township will have the final approval of guide content prior to it being sent to the printer. 6. A maximum of 24 pages allotted as advertisement space the dimensions of which are 2" x 7 5/16" as well as the inside cover front and back and exterior back cover. Termination Upon Notice Without Cause Either party shall have the right to terminate this Agreement, in whole or in part, without liability, upon: 1. Completion of this agreement. 2. Terms agreed upon by both parties. Termination Upon Notice With Cause The Township may terminate this Agreement forthwith, without liability, and without limiting any of its other rights or remedies, upon written notice to The Contractor if: (a) The Contractor is in breach of, or attempts to breach, any of its obligations under this Agreement or Recreation and Community Services Policies and Procedures; (b) Either party is unable to carry out their obligations under this Agreement by reason of a Force Majeure, meaning any bona fide delay or state of affairs beyond the control of a party (other than as a result of financial incapacity) which shall cause any party to be unable to fulfill or to be delayed or restricted in the fulfillment of an obligation Upon the termination of this agreement, the Contractor will return to the Township any and all data, manuals, notes, records, plans or other documents held by the Contractor, as well as any keys, equipment, photocopies or reproductions thereof, concerning the business, processes, know-how and developments of the Township of Oro-Medonte. TOWNSHIP OF ORO-MEDONTE J. Douglas Irwin Director, Corporate Services/Clerk ORO-MEDONTE CHAMBER OF COMMERCE x,1'4 Carol Benedetti Executive Director H. S. Hughes Mayor Date Da e Page 163 of 186 Agenda Item # 18k) - A By-law to Authorize the Execution of An Agreement Between THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-133 A By-law to Authorize the Execution of An Agreement Between the The Corporation of the Township of Oro-Medonte and Joseph Donald Bosse and Pauline Ann Bosse WHEREAS Council of the Township of Oro-Medonte did on the 19th day of May 1999, enact By-law No. 99-50, Being a By-law to provide policy for encroachments on road allowances and municipally owned property; AND WHEREAS Council of the Township of Oro-Medonte did enact By-law No. 2004- 119, as amended, being a By-law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro-Medonte; AND WHEREAS the Township, pursuant to By-law No. 99-50, has granted permission to maintain the said Encroachment(s) upon the condition of entering into an Encroachment and License Agreement; AND 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 desirable to enter into an Encroachment and License Agreement with Joseph Donald Bosse and Pauline Ann Bosse; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By-Law. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF SEPTEMBER, 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 Page 164 of 186 Agenda Item # 18k) - A By-law to Authorize the Execution of An Agreement Between Schedule "A" to By-law No. 2009-133 ENCROACHMENT AND LICENSE AGREEMENT made this day of August, 2009. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (the "Township") OF THE FIRST PART and - JOSEPH DONALD BOSSE and PAULINE ANN BOSSE (the "Owner") OF THE SECOND PART WHEREAS the Owner is the owner of certain lands and premises situated in the Township of Oro-Medonte, which lands are more particularly described in Schedule "A" attached hereto (the "Owner's Lands"); AND WHEREAS the Township is the owner of the Road Allowance shown as Lakeshore Promenade in accordance with Registered Plan 626, in the Township of Oro-Medonte (the 'Township's Lands"); AND WHEREAS the Owner maintains encroachments on the Township's Lands to the extent described in Schedule "B" attached hereto (hereinafter collectively referred to as 'the Encroachment(s)"); AND WHEREAS as Council has exercised its option to close a Part of the Road Allowance to vehicular traffic, and has passed By-law (42004-119, as amended) being a By-law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro-Medonte with respect to the lands upon which the said Encroachment(s) is located; AND WHEREAS the Township, pursuant to By-law No. 99-50, being a By-law to Provide Policy for Encroachments on Road Allowances and Municipally Owned Property, has granted to the Owner permission to maintain the said Encroachment(s) upon the condition that the Owner enters into this Agreement, which the Owner has agreed to do; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises, and of the covenants and agreements hereinafter contained on the part of the Owner to be observed, fulfilled and performed, the Township hereby grants to the Owner permission to maintain the said Encroachment(s) automatically terminating at the earlier of: (i) the date of removal of the Encroachment(s) from the Township's Lands; or (ii) the sale or transfer of the Owner's Lands; or (iii) five (5) years from the date of execution of this Agreement. In the event the Owner wishes to renew this Agreement upon the expiry of the five (5) year term herein granted, the Owner may, provided he is not in default of his obligations hereunder and upon sixty (60) days prior written notice to the Township, apply to renew same, taking all necessary steps and paying all appropriate fees in effect at the time to do so. Such Application shall be considered in accordance with the Township's policies and practices in place at that time. Page 165 of 186 Agenda Item # 18k) - A By-law to Authorize the Execution of An Agreement Between Upon the sale or transfer of the Owner's Lands, the Owner shall forthwith notify the Township in writing thereof and shall provide the Township with the name and address of such Transferee or Purchaser who shall be required to enter into a new Agreement with the Township (and which Agreement shall be in like form and content as herein) and pay all appropriate fees as are required by the Township in entering into such replacement Agreement. In the event the Transferee or Purchaser fails to enter into a replacement Agreement with the Township, the Encroachment(s) shall forthwith be removed by the Owner at his sole expense; and failing which the Township may do so, and the Owner and Purchaser or Transferee shall be jointly and severally liable to the Township for the cost of demolition or removal. In no case shall this Agreement be assignable by the Owner. During the term of this Agreement, all open air structures located on the Township's Lands remain subject to the public's right of access. IN CONSIDERATION OF the granting by the Township of such permission, the Owner hereby covenants and agrees with the Township as follows: The Owner agrees to pay to the Township an annual fee as stipulated in the Township's current Fees and Charges Bylaw for `Encroachment Agreements. The annual fee will be payable no later than the 1s` day of May in each year, and may be added to the tax roll for the Owner's Lands, if required, by the Township. The Owner shall, forthwith upon execution of this Agreement, provide the Township with an independent Engineer's report as to the structural integrity of the encroaching structure(s) to the satisfaction of the Township's Chief Building Official. Such report shall include clear photographic evidence of the Encroachment(s) identified thereon. The Owner will at its own expense and to the satisfaction of the Township's Chief Building Official, keep and maintain the said Encroachment(s) in good and proper state of repair and will not make any related modifications to the Encroachment(s), without first obtaining the consent of the Township, which consent may be arbitrarily withheld. Should the Owner fail or neglect in maintaining the Encroachment(s) in a good and safe state of repair to the satisfaction of the Township's Chief Building Official, on thirty (30) days prior written notice to the Owner, the Owner will, at its own expense, notwithstanding any other provision in this Agreement, remove the said Encroachment(s) from the Township's Lands, without being entitled to any compensation whatsoever for such removal and the permission given herein for the maintenance of the Encroachment(s) shall be revoked and shall be deemed at an end. If the Encroachment(s) are not removed by the Owner as aforesaid, the Township may do so, and the cost of demolition and removal shall be at the sole expense of the Owner. Nothing herein contained shall be construed as giving to the Owner anything more than permission to maintain the said Encroachment(s) until such time as the removal of such Encroachment(s) from the Township Lands. The Owner agrees that under no circumstances shall additional Encroachment(s) be constructed or placed on the Township's Lands. The Owner hereby releases, waives and forever discharges the Township and its respective agents, officials, servants, contractors, representatives, elected and appointed officials, successors and assigns, of and from all claims, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damage to the person or any property of the Owner howsoever caused, arising or to arise by reason of the permission granted pursuant to this Agreement. Page 166 of 186 Agenda Item # 18k) - A By-law to Authorize the Execution of An Agreement Between Notwithstanding any consent or approval given by the Township with respect to any plans, specifications or other construction-related matters, the Township will not be in any way liable for the design or construction of any structure, and the parry that has obtained the consent or approval of the Township shall be wholly liable for such design and construction. The Owner shall facilitate the construction of any and all utilities over or under the said Encroachment(s), as may be required from time to time. The parties acknowledge and agree that the permission granted in this Agreement does not in any way whatsoever diminish the rights of the Township, or any gas, telephone, telegraph, electric light or other public utility company, their respective officers, servants, workers, employees, agents, and contractors, to enter at all times upon the Encroachment(s) for the purpose of constructing, repairing, maintaining, replacing or removing any sewers, mains, culverts, drains, water pipes, gas pipes, poles, wires or other services and installations and appurtenances thereto. The Owner shall not be entitled to any damages or compensation as a result of the reasonable exercise of the Township's or utility company's rights contained in this paragraph. The Owner will from time to time and at all times hereafter will and truly save, defend and keep harmless and fully indemnify the Township, its officers, directors, servants, workers, employees, agents, and contractors, and any other corporations, boards, commissions or bodies having utilities or services which may in any manner be affected by the having utilities or services which may in any manner be affected by the erection or maintenance of the said Encroachment(s) and their respective officers, directors, servants, workers, employees, agents, and contractors, from and against all actions, suits, claims and demands whatsoever which may be brought against or made upon any or all of them and from and against all loss, costs, charges, damages and expenses whatsoever which may be sustained, incurred or paid by any or all of them, regardless of whether or not they be parties hereto, for or by reason of or on account of the granting by the Township to the Owner of the permission hereby granted and/or the exercise by the Owner of such permission and/or the erection and maintenance of the said Encroachment(s) and appurtenances thereto and/or anything in any manner relating thereto should any such action, suit, claim or demand be brought against or made upon the Township, or any of its officers, servants, workers or employees, the Township may, upon written notice to the Owner, and if not forbidden by the Owner within fourteen days thereafter, if the Township shall see fit, compromise any such actions, suits, claims or demands on such terms as the Township shall see fit, and the Owner shall thereupon forthwith pay to the Township the sum or sums to be paid together with such sum as shall represent the reasonable costs of the Township or its Solicitor in defending or settling any such actions, suits, claims or demands, but if the Owner forbids such compromise within the said period, or if no such compromise be effected, then the Owner may be made a party to such actions, suits, claims or demands and will in every case fully indemnify the Township, its respective officers, servants, workers or employees. 9. The construction, installation, occupation, operation and maintenance of the Encroachment(s) shall comply with all applicable statutes, by-laws and regulations including, but not limited to, the issuance of a building permit(s). 10. The Owner shall obtain and maintain public liability (personal injury and property damage) insurance covering the maintenance of the Encroachment(s) in the amount of at least Two Million Dollars ($2,000,000.00), naming the Township of Oro-Medonte as additional named insured. The Owner will provide evidence of such insurance annually, to the Township no later than the 1 st day of May in each year, naming the Township as an additional named insured. In the event the Owner's insurer is unable or unwilling to add the Township as an additional named insured to the Owner's policy, the Township agrees to add the Owner as an additional insured to its public liability policy, and any incurred premium, surcharge or administration fee occasioned thereby shall be the responsibility of and paid by the Owner in addition to those fees set out in paragraph 1. Page 167 of 186 Agenda Item # 18k) - A By-law to Authorize the Execution of An Agreement Between 11. In addition, all such sums and costs so paid, sustained or incurred by the Township, as aforesaid, and all such annual fees, or further or other fees to be paid by the Owner as set out herein, shall form and constitute a charge or lien on the Owner's Lands until fully discharged by payment thereof and may be collected in a like manner as taxes. 12. The Township, its officers, servants, workers, employees, agents and contractors under its control or supervision shall have the right from time to time and at all reasonable times during the currency of this Agreement, to enter in and upon the said lands or any part thereof, with all necessary workers, plant, equipment and material for the purpose of inspecting the said Encroachment(s) provided that such inspection shall not free or relieve the Owner in any way whatsoever from the liability under the covenant hereinbefore set forth to keep and maintain the said Encroachment(s) in good and proper repair and condition. 13. (a) All notices, consents, approvals or other communications permitted or required to be given under this Agreement (collectively "Notices") shall be in writing, shall not be unreasonably withheld or delayed unless otherwise specifically provided for in this Agreement, and shall be: personally delivered; sent by prepaid registered mail (except during a postal disruption or threatened postal disruption), or; sent by facsimile, in each case to the applicable address set out below: (i) in the case of the Township: 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Attention: Clerk (ii) in the case of the Owner: Joseph Donald, Pauline Ann Bosse 746 Lakeshore Road, RR#2 Hawkestone, ON LOL 1T0 (b) Any Notice shall be deemed to have been validly and effectively given and received: if personally delivered, on the date of delivery; if sent by prepaid registered mail, on the third (3'd) business day next following the date of mailing, provided, however, that during any postal disruption or threatened postal disruption, delivery shall be in person; and if sent by facsimile, on the business day next following the day on which it was sent. (c) Either parry under this Agreement may from time to time by Notice to the other party change its address for service under this Agreement. 14. Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Township of all of its rights and obligations as a municipality (whether discretionary or mandatory), or imposes any obligations on the Township in its role as a municipality, and the Township shall not be prevented from or prejudiced in carrying out its statutory rights and responsibilities, including its planning rights and responsibilities. Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Township's officers, employees, agents, representatives or elected and appointed officials of all of their rights, or imposes any obligations on the Township's officers, employees, agents, representatives or elected and appointed officials, other than as expressly set out in this Agreement. 15. This Agreement may be registered on title to the Owner's Lands and the cost of preparation as stipulated in the Township's current Fees and Charges By-law as the application fee for encroachment agreements, and registration of the same shall be borne by the Owner. Page 168 of 186 Agenda Item # 18k) - A By-law to Authorize the Execution of An Agreement Between 16. This Agreement is not assignable by the Owner and shall not enure to the benefit of the successor and assigns of the Owner. IN WITNESS WHEREOF the Township has caused to be affixed its corporate seal under the signatures of its duly authorized officers. EXECUTED at this day of THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: Name: H.S. Hughes Title: Mayor Per: Name: J. Douglas Irwin Title: Director of Corporate Services/Clerk I/We have authority to bind the Corporation. IN WITNESS WHEREOF the Owner hereto has hereunto affixed its hand. EXECUTED at &L w , fe this d day of ~1 C~ idn /7/ ~d.49 a 11 Joseph Donald Bosse Pauline Ann Bosse Page 169 of 186 Agenda Item # 18k) - A By-law to Authorize the Execution of An Agreement Between SCHEDULE"A" Owner's Lands Lt 51 PI 626 Oro; Pt Lt 50 PI 626 Oro; Pt Lt 59 PI 626 Oro Pts 1 & 3, 51 R26973; Oro- Medonte, 58561-0009 (LT), Municipally known as 9 Myrtle Avenue. F O I d 2 . V ZN `t MYRTLE r _ _ ® 9 MYRTLEAVENUE LAKE SIMCOE 0 5 10 20 30 40 Meters Page 170 of 186 Agenda Item # 18k) - A By-law to Authorize the Execution of An Agreement Between SCHEDULE "B" Existing Encroachments as approved by Township of Oro-Medonte Chief Building Official 1. Stairs 2. Deck As confirmed in the correspondence dated December 4, 2008, from C.T. Strongman (on file) confirming the structures are in the approximate position of the remains of a rotted wood deck as shown on Plan of Survey 51 R-36152 designated as Part 24 thereon. ~~~rta~u) j l i3 1 39V cSET) la~ 7 Q Q7• ~g PART 29 Ir ,7 77.10 ~ 157.10' ' rn v, cn aQ v' J PPAT SIB (o U) #ZAr C), iU-) r,co EO 0"E 2 6 SSIB _ V FFMAtN (WIT) ~RD.~IEID LA~ 4000 +yG N38" 14'50"E 73.10' STI z " le W~C 135 134 13 $1 f3 Page 171 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-134 A By-law to Repeal By-law 2007-057 and to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and PAUL MURRAY LANE and SUSAN LORRAINE LANE described as lands as follows: 113 Brambel Road Lot13 Plan 819 Former Township of Oro T/W R0812804; Township of Oro-Medonte, County of Simcoe PIN 58556-0117(LT) Roll# 4346-010-008-08400 Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By-Law; 4. THAT this By-Law shall take effect on the final passing thereof BY-LAW READ A FIRST AND SECOND TIME THIS 23RD OF SEPTEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF SEPTEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 172 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... APPENDIX "A" SITE PLAN AGREEMENT - between - PAUL MURRAY LANE and SUSAN LORRAINE LANE -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Lot13 Plan 819 Former Township of Oro T/W R0812804; Township of Oro-Medonte County of Simcoe 113 Brambel Road PIN 58556-0117 (LT) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE September 23, 2009 By-Law No. 2009-134 Page 173 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 Page 174 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 23`d day of Septmeber 2009, in accordance with Section 41 of the Planning Act. BETWEEN: PAUL MURRAY LANE & SUSAN LORRAINE LANE Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit the construction of a detached accessory building on lands described in Schedule "A" attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 175 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be N/A. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. i) The Owner acknowledges that the lot does not front on an improved public road, that the Township does not or is not required to maintain or snowplow the said road, that the Township will not take over or assume the private road as a Township public road or street unless it has been built according to the Township standards, then in force, and that the Township is not liable for any injuries, losses or damages as a consequence of the Township issuing a Building Permit. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the construction of an addition to a single detached dwelling as described on the Site Plan. That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. Page 176 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. C) Parkina Areas and Drivewavs All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storaae No outside storage shall be permitted between any buildings on the premises and any street. e) Garbaae Storaae The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: Page 177 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S. 0. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. Page 178 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) Paul Mur ay ane Owner Susan Lorraine Lane Owner: The Corporation of the Township of Oro-Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 179 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Paul Murray Lane & Susan Lorraine Lane LEGAL DESCRIPTION OF LANDS Lot13 Plan 819 Former Township of Oro T/W R0812804; Township of Oro-Medonte County of Simcoe 113 Brambel Road PIN 58556-0117 (LT) Page 180 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... SCHEDULE"B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Paul Murray Lane & Susan Lorraine Lane SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Page 181 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Paul Murray Lane & Susan Lorraine Lane DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 Page 182 of 186 Agenda Item # 181) - A By-law to Repeal By-law 2007-057 and to Authorize the Exec... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Paul Murray Lane & Susan Lorraine Lane ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT N/A Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 183 of 186 Agenda Item # 18m) - Being a By-law to remove the Holding symbol applying to land... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-135 Being a By-law to remove the Holding symbol applying to lands located at 113 Brambel Road Lot13 Plan 819 Former Township of Oro T/W RO812804; Township of Oro-Medonte, County of Simcoe PIN 58556-0117 (LT) Roll# 4346-010-008-08400 (Lane) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1.Schedule 'A19', to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "113 Brambel Road, Lot13 Plan 819 Former Township of Oro TAN RO812804; Township of Oro-Medonte, County of Simcoe being PIN 58556-0117 (LT) Roll# 4346-010-008-08400" as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 23RD DAY OF SEPTEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF SEPTEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 184 of 186 Agenda Item # 18m) - Being a By-law to remove the Holding symbol applying to land... Schedule 'A' to By-La No. 2®®9-135 This is Schedule 'A' to By-Law 2009-135 passed the day of September, 2009. Z I ~ IV Lands Subject to Removal of Holding Provision 113 Brambel Road 0 36 70 Mayor Clerk H.S. Hughes J. Douglas Irwin 140 210 280 Meters TOWNSHIP OF ORO-MEDONTE Page 185 of 186 Agenda Item # 19a) - Being a By-Law to Confirm the Proceedings of the Council Mee... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-120 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 23, 2009 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, September 23, 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 23`d DAY OF SEPTEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF SEPTEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 186 of 186