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10 28 2009 Council AgendaA 0 A; Proud Heritage, Exciting Future Page TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, OCTOBER 28, 2009 TIME: 7:00 P.M. 1. OPENING OF MEETING BY THE MAYOR 2. PRAYER/CONTEMPLATION/REFLECTION 3. NOTICE OF ADDITIONS a) Motion for Additions. b) Motion to Suspend Procedural By-Law No. 2008-109. [Addenda] 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 Council meeting held on October 14, 2009. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: 7-10 a) 7:00 p.m. Dr. David Jones, Co-President, Huronia Hospital Foundation, North Simcoe Hospital Alliance, Re: Our Best Care Campaign Project and Foundation Priorities. 11 b) 7:10 p.m. Gary Young re: Community Partnership Fundraising Committee Initiative. Page 1 of 133 Council Agenda - October 28, 2009. Page 9. DEPUTATIONS: 12 c) Montgomery Childs, General Manager, Horseshoe Valley Paintball, re: Site Plan Report 2009-SPA-04, 3193 Line 7 North, Oro Station. [Addenda] 10. REPORTS OF MUNICIPAL OFFICERS: 13-24 a) Report No. DS 2009-67, Andria Leigh, Director of Development Services, re: Certificate of Maintenance and Final Acceptance (Aboveground Works) and (Underground Works) for Woodland Estates (Sinton/Orsi) Registered Plan M- 726, Maplehill Estates Phase 2, Registered Plan M-633, Huronia Homes (Phase 1), Registered Plan M-676, Huronia Homes (Phase 2), Registered Plan M-807 [Refer to Items 18 c), d), e), f)]. 25-26 b) Report No. CAO 2009-13, Samah Othman, Executive Assistant/Corporate Communications Specialist re: Request for Exemption - Warminster Annual Remembrance Day Parade. 27-34 c) Report No. RC 2009-20, Shawn Binns, Director of Recreation and Community Services, re: Shanty Bay Firefighter Subsidy Request. 35-41 d) Report No. RC 2009-21, Shawn Binns, Director of Recreation and Community Services, re: Request for Exemption - Warminster Annual Santa Claus Parade. 42-50 e) Report No. RC 2009-22, Shawn Binns, Director of Recreation and Community Services, re: Draft Policy PR-011 Municipal Playground Policy. 51-52 f) Report No. RC 2009-23, Shawn Binns, Director of Recreation and Community Services, re: Old Town Hall Roof. 53-55 g) Tamara Obee, Manager Health & Safety, Employee Relations, re: Policy AODA-01, Accessibility Standards for Customer Service. [Addenda] 11. REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, re: Moonstone Wind Storm. [Addenda] 56 b) Mayor H.S. Hughes, re: Bill 196, An Act Respecting the Adjustment of the Boundary Between the City of Barrie and the Town of Innisfil. [Addenda] 57 c) Councillor Coutanche, re: Media Coverage - Committee Members. [Addenda] Page 2 of 133 Council Agenda - October 28, 2009. Page 11. REPORTS OF MEMBERS OF COUNCIL: d) Councillor Coutanche, re: Revision of Letter from Nottawasaga Valley Conservation Authority Chair. [Addenda] 58 e) Mayor H.S. Hughes, re: Oro Station Hall Sign Permit. [Addenda] 12. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on October 21, 2009. 59-64 b) Minutes of Committee of Adjustment meeting held on October 15, 2009. 65-69 c) Minutes of Oro-Medonte Environmental Group Advisors meeting held on September 17, 2009. 13. CONSENT AGENDA: 70-75 a) Minutes of Nottawasaga Valley Conservation Authority meeting held on September 11, 2009. Staff Recommendation: Receipt. 76 b) Correspondence from Virginia Hackson, Chair, Gayle Wood, CAO, Lake Simcoe Region Conservation Authority re: 2009 International Thiess Riverprize Awards. Staff Recommendation: Receipt. 14. COMMUNICATIONS: 77-80 a) Correspondence dated October 19, 2009 from James Waterhouse, Kids for Turtles Environmental Education re: Bluff's Creek Stream Assessment and Rehabilitation Program. 81-84 b) Correspondence received October 23, 2009 from Monty Childs, re: Horseshoe Valley Paintball. 85 c) Correspondence dated October 26, 2009 from Roger Graham, Mike Armstrong, Eva Young, Cindy Armstrong, Martha Ziegler re: Horseshoe Valley Paintball. [Addenda] 86-92 d) Correspondence dated October 27, 2009 from Deane Ewart, re: Horseshoe Valley Paintball Business, By-Law No. 2009-84. [Addenda] Page 3 of 133 Council Agenda - October 28, 2009. Page 14. COMMUNICATIONS: 93 e) Correspondence dated October 27, 2009 from Jane Ball, Gordon Ball, Hartley Woodside, Kathy Clarke, Vera Cameron-van Amelsvoort, Gerry van Amelsvoort, Eva Young, Roger Graham, Martha Ziegler re: Horseshoe Valley Paintball. [Addenda] 15. NOTICE OF MOTIONS: None. 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) Shawn Binns, Director of Recreation and Community Services re: Property Matter (Warminster Community Hall). d) Doug Irwin, Director of Corporate Services/Clerk, re: Property Matter (Request to Purchase, Unopened Road Allowance Abutting 89 Greenwood Avenue). e) Andria Leigh, Director of Development Services, re: Property Matter (TRY Recycling). [Addenda] f) Robin Dunn, Chief Administrative Officer, re: Personnel Matter (Staffing Update). [Addenda] g) Richard Playfair, Director of Fire & Emergency Services/Fire Chief re: Personnel Matter (Firefighters). [Addenda] 18. BY-LAWS: 94 a) By-Law No. 2009-131 Being a By-Law to Amend By-law No. 2004-028 To Authorize a Decrease in the Speed Limit on Certain Roads Within the Township of Oro-Medonte. Page 4 of 133 Council Agenda - October 28, 2009. Page 18. BY-LAWS: 95-106 b) By-Law No. 2009-141 A By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Evans and Deborah Stone. 107-108 c) By-Law No. 2009-143 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground Works) for Woodland Estates (Sinton/Orsi), Registered Plan 51 M-726. 109-110 d) By-Law No. 2009-144 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground Works) for Maplehill Estates - Phase 2, Registered Plan 51 M-633. 111-112 e) By-Law No. 2009-145 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground Works) for Huronia Homes - Phase 1, Registered Plan 51 M-676. 113-115 f) By-Law No. 2009-146 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground and Underground Works) for Huronia Homes -Phase 2, Registered Plan 51 M-807. 116 g) By-Law No. 2009-147 A By-law to Repeal By-Law No. 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, Tracey Elizabeth Childs described as lands as follows: West Half of lot 2, Concession 8, Oro, Except Part 1, 51R-31876, Oro-Medonte Being all of PIN 58532-0015 (LT) 3193 Line 7 North Roll # 4346- 010-003-35400 Township of Oro-Medonte, County of Simcoe. 117-124 h) By-Law No. 2009-148 A By-law to Authorize the Execution of An Agreement Between the The Corporation of the Township of Oro-Medonte and Karen Anne Baldock. 125-132 i) By-Law No. 2009-149 A By-law to Authorize the Execution of An Agreement Between the The Corporation of the Township of Page 5 of 133 Council Agenda - October 28, 2009. Page 18. BY-LAWS: Oro-Medonte and Jerry Popiuk and Diane Jean Popiuk. 19. CONFIRMATION BY-LAW 133 a) By-Law No. 2009-139 Being a By-Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, October 28, 2009. 20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT a) Motion for Adjournment. Page 6 of 133 Agenda Item # 9a) - 7:00 p.m. Dr. David Jones, Co-President, Huronia Hospital F 10/23/2009 Huronia Hospital Foundation Connecting the people of North Simcoe and our hospital so solutions can be provided HERE at HOME that strengthen our hospital for today and tomorrow With donations we have: • Innovative Technology - Scope diagnostic technology - CT Scan in 1998 - Electronic medical records - PXIS electronic medication dispensing system • New Services - Video Conferencing - Dialysis unit - Digital x-ray and PALS • New Doctors - Laser ophthalmology equipment - Operating Room anesthetic upgrade - Portable ultrasound for emergency department • Education for physicians and health care professionals 1 Page 7 of 133 Agenda Item # 9a) - 7:00 p.m. Dr. David Jones, Co-President, Huronia Hospital F 10/23/2009 Who is the Foundation? • Individuals and Families • Hospital Volunteers and Family • Industry, Business and Financial Services Community • Municipalities and other levels of Government • Service Clubs • Associations and Community Groups Our Best Care Project Status • Digital X-ray and Picture Archiving and Communications System (PACS) - COMPLETE • Emergency Department redevelopment - on Ministry of Health and Long-Term Care small project list - Agnew Peckham supporting planning - Request for Proposal for project management • Rehabilitation program - Part of Clinical Services planning following hospital Strategic Plan 2 Page 8 of 133 Agenda Item # 9a) - 7:00 p.m. Dr. David Jones, Co-President, Huronia Hospital F 10/23/2009 Fundraising Continues 2009/2010 Goal of $773,000 for: - Cardiac Monitoring System ($360,000 project) - Patient monitor/defibrillator (2 $18,000) - Emergency Department central monitoring system upgrade ($14,460) - dialysis machine ($32,000) - Colonoscope ($43,000) - video laryngoscope in emergency department ($10,000) - pressure relief mattress for long term care unit ($4,600) - hydraulic eye exam table for ambulatory care ($1,500) - portable blood pressure monitors (2 @ $2,100) - OR surgical instrument sterilizer ($32,500) - Laboratory and pharmacy equipment ($34,000) Foundation's role in the future Major transformational projects with a focus on technology and innovative medicine Patient centered equipment and projects advancing quality care Responding to future emergencies and health care crises Page 9 of 133 Agenda Item # 9a) - 7:00 p.m. Dr. David Jones, Co-President, Huronia Hospital F 10/23/2009 New Beginnings Hn HURONIA HOSPITAL FOUNDATION Our Home... Our Hospital Connecting the people of North Sinicoe and our hospital so solutions can be provided HERE at HOME that strengthen our hospital for today and tomorrow Planning together • Hospital fundraising must continue • All levels of community need to be involved • Collaboration on meeting future needs is critical • We need your input, your guidance, and your partnership 4 Page 10 of 133 Agenda Item # 9b) - 7:10 p.m. Gary Young re: Community Partnership Fundraising From: Gary Young Sent: Sunday, October 16, 2009 6:57 PM To: Teeter, Janette Cc: jon auger Subject: Re: Deputation Request Hi Janette, got your phone mess. Basically going to ask council to approve and support a "community partnership" fundraising committee, committed to raising funds for the "oro arena". Funds will be held until such time as there is a commitment to build a new recreation facility then diverted to there. Our goal is to help our community (council) towards commitment to a new rec facility with a jumpstart in fundraising. Jon Auger or Gary Young will speak to this affect, with support from the Oro Lions who will have a rep there and OMMSA represented by Christine Richards who may be called upon to give testimony to the need for a new facility. If this needs altering reach me at as I will be without access to email all week. Thank You REGARDS Page 11 of 133 Agenda Item # 9c) - Montgomery Childs, General Manager, Horseshoe Valley Paintba... MIFAE TMO S R RECEIVED _ OCT 18 Z009 ORO-MCDONTE September 17, 2009 To Oro Medonte Council & Planning Department, This letter is formal request to present a verbal and written deputation to address the Site Plan Report 2009-SPA-04, 3193 Line 7 North Oro Station ON. LOL 2E0 and the recommendations made to Council submitted on October 22"d 2009. I was informed on October 20th the report was completed and it would be voted on, on October 21St the following day. I obtained this report from Mel Coutanche who sent it to me in an email and went on to tell me that the report was to be voted upon the next day. As I read the report the Planning Department outlined an action to be taken against Horseshoe Valley Paintball due to infractions of specific bylaws that the Site Plan Agreement be revoked. It was not until October 20th we had any idea we had broken these bylaws, although we knew there were a few in our community who opposed the park we didn't have any indication of specific violations. As a matter of fact from all that we heard was that we were within the guidelines of the bylaw. We have received many positive reviews from the OPP, who see Horseshoe as a great park that keeps kids off the streets, and from the video games. We have been told by Canadian Military personnel being shipped out to Afghanistan they love the park and its realism. We have numerous emails and telephone calls from parents and families all over our community that they love Horseshoe and their kids have not stopped raving about the time they had. Horseshoe Valley Resort and Carriage Ridge Resort have contacted us and told us they think the park is a wonderful idea, and are planning on using the park for their patrons. Horseshoe has been open now for only 7 weeks, and we are just starting out and although it has drawn some opposition, there are very many families, and businesses who have told us it is long overdue, and is great idea for the community, and wish us all the best. We are a family owned business, and we got into this business to make a life for our selves, and offer something positive back to families and the community. We ask Council to give us 60 days to resolve these issues, and the opportunity to grow with our community. Montgomery Childs General Manager Horseshoe Valley Paintball 3193 Line 7 North Oro Station ON. LOL2EO Page 12 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... REPORT T(ownslup of Certificate of Maintenance and Roll Final Acceptance R.M.S. File (Aboveground Works) and (Underground Works) for Woodland Estates (Sinton/Orsi) Registered Plan M-726, Maplehill Estates Phase 2, Registered Plan M-633, Huronia Homes (Phase 1), Registered Plan M-676, Huronia Homes (Phase 2), Registered Plan M-807 RECOMMENDATION(S): Requires ActionxX For Information Only It is recommended that: 1. THAT Report No. DS2009-067 be received and adopted; 2. THAT the Township issue the Certificate of Maintenance and Final Acceptance (Aboveground Works) for 1091402 Ontario Ltd. (Woodland Estates (Sinton/Orsi)) dated October 8, 2009, Registered Plan M-726; 3. THAT the Township issue the Certificate of Maintenance and Final Acceptance (Aboveground Works) for 1091402 Ontario Ltd. (Maplehill Estates Phase 2) dated October 8, 2009, Registered Plan M-633; 4. THAT the Township issue the Certificate of Maintenance and Final Acceptance (Aboveground Works) for Huronia Homes Ltd. - Phase 1 dated October 8, 2009, Registered Plan M-676; 5. THAT the Township issue the Certificate of Maintenance and Final Acceptance (Aboveground and Underground Works) for Huronia Homes Ltd. - Phase 2 dated October 8, 2009, Registered Plan M-807; 6. THAT the Clerk bring forward the appropriate By-laws for Council's consideration; and 7. THAT the Developer be notified of Council's decision. DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 1 of 12 Page 13 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... BACKGROUND: The Township of Oro-Medonte entered into the following Subdivision Agreements which are the subject of this report: 1. 1091402 Ontario Ltd. (Orsi- Woodland Estates) in July 2002 consisting of forty nine (49) lots on Mapleview Road south of Bidwell Road; 2. 1091402 Ontario Ltd. (Maplehill Estates - Phase 2) in May 1999 (By- law 2002-080), consisting of thirty two (32) lots on Pineview Drive and Northwood Court; 3. Huronia Homes Ltd. (Phase 1) in May 2000 (By-law 2002-080), consisting of twenty four (24) lots on White Pine Drive; and 4. Huronia Homes Ltd. (Phase 2) in January 2005 (By-law 2002-080), consisting of twenty (20) lots on Hemlock Crescent. ANALYSIS: Woodland Estates- Sinton/Ors! (M-726) In October 2002 the Township issued the Certificate of Substantial Completion and Acceptance for the Underground Works, the Certificate for the Aboveground Works was issued in January 2006. With the issuance of those certificates the Developer's two (2) year maintenance period began. The Certificate of Maintenance and Final Acceptance (Underground Works) was issued in January 2006. The developer has now completed the required two (2) year maintenance period and satisfied all conditions of the Subdivision Agreement. The Township's Engineering Consultant, Aecom, completed an inspection of the development and is now recommending the issuance of the Certificate of Maintenance and Final Acceptance (Attachment #1 -Aboveground Works). Upon the issuance of this Certificate, the Township will be assuming responsibility for the development. Maplehill Estates - Phase 2 (M-633) In October 2001 the Township issued the Certificate of Substantial Completion and Acceptance for the Underground Works, the Certificate for the Aboveground Works was issued in January 2006. With the issuance of those certificates the Developer's two (2) year maintenance period began. The developer has now completed the required two (2) year maintenance period and satisfied all conditions of the Subdivision Agreement. The Certificate of Maintenance and Final Acceptance (Underground Works) was issued by the Township in January 2006. The Township's Engineering Consultant, Aecom, completed an inspection of the development and is now recommending the issuance of the Certificate of Maintenance and Final Acceptance (Attachment #2 -Aboveground Works). Upon the issuance of this Certificate, the Township will be assuming responsibility for the development. Huronia Homes Ltd.-Phase 1 (M-676) In October 2001 the Township issued the Certificate of Substantial Completion and Acceptance for the Underground Works, the Certificate for the Aboveground Works was issued in December 2005. With the issuance of those certificates the Developer's two (2) year maintenance period DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 2 of 12 Page 14 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... began. The developer has now completed the required two (2) year maintenance period and satisfied all conditions of the Subdivision Agreement. The Certificate of Maintenance and Final Acceptance (Underground Works) was issued by the Township in January 2006. The Township's Engineering Consultant, Aecom, completed an inspection of the development and is now recommending the issuance of the Certificate of Maintenance and Final Acceptance (Attachment #3 -Aboveground Works). Upon the issuance of this Certificate, the Township will be assuming responsibility for the development. Huronia Homes Ltd.-Phase 2 (M-8071 In December 2005 the Township issued the Certificate of Substantial Completion and Acceptance for the Underground Works, the Certificate for the Aboveground Works was issued in November 2006. With the issuance of those certificates the Developer's two (2) year maintenance period began. The developer has now completed the required two (2) year maintenance period and satisfied all conditions of the Subdivision Agreement. The Township's Engineering Consultant, Aecom, completed an inspection of the development and is now recommending the issuance of the Certificate of Maintenance and Final Acceptance (Attachment #4 -Aboveground and Underground Works). Upon the issuance of this Certificate, the Township will be assuming responsibility for the development. Based on the Township's assumption of the subdivisions the Township's engineering consultant is also recommending the reduction/release of the balance of the letter of credits currently being held by the Township as follows: Huronia Homes - Phase 1 in the amount of $ 22,372.00 Huronia Homes - Phase 2 in the amount of $ 37,226.86 Maplehill Estates - Phase 2 in the amount of $ 107,445.50 Upon confirmation of receipt of the required Statutory Declaration that all accounts for works and material have been paid, staff will then recommend the release of the above securities. FINANCIAL: n/a CONSULTATIONS: Director of Finance/Treasurer/Deputy CAO Manager of Transportation and Environmental Services AECOM ATTACHMENTS: # 1 - By-law Authorizing the Issuance of Certificate of Maintenance and Final Acceptance (Aboveground Works) -Woodland Estates (Sinton/Orsi) DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 3 of 12 Page 15 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... # 2 - By-law Authorizing the Issuance of Certificate of Maintenance and Final Acceptance (Aboveground Works) -Maplehill Estates Phase 2 # 3 - By-law Authorizing the Issuance of Certificate of Maintenance and Final Acceptance (Aboveground Works) -Huronia Homes Phase 1 # 4 - By-law Authorizing the Issuance of Certificate of Maintenance and Final Acceptance (Aboveground and Underground Works) -Huronia Homes Phase 2 CONCLUSION: The above noted certificates for Woodland Estates, Maplehill Estates Phase 1, Huronia Homes Phase 1, and Huronia Homes Phase 2 are in compliance with the subdivision agreement and therefore the issuance of the certificates is considered appropriate. With the issuance of these Certificates, the Township will be responsible for all maintenance of the Woodland Estates, Maplehill Estates Phase 1, Huronia Homes Phase 1, and Huronia Homes Phase 2 developments. Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 4 of 12 Page 16 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... Attachment #1 -By-law Authorizing the Issuance of Certificate of Maintenance and Final Acceptance (Aboveground Works) -Woodland Estates (Sinton/Ors!) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-143 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground Works) for Woodland Estates (Sinton/Orsi), Registered Plan 51M-726 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into a Subdivision Agreement with 1091402 Ontario Ltd. (Woodland Estates -Sinton/Orsi) in July 2002 to construct a residential development consisting of forty nine (49) lots on Mapleview Road south of Bidwell Road. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Certificate of Maintenance and Final Acceptance (Aboveground Works) for BestPro Corp., Registered Plan M-726 may now be issued by the Township Engineers (Aecom) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro- Medonte and 1091402 Ontario Ltd. (Woodland Estates (Sinton/Orsi)). That the attached Schedule "N', Certificate of Maintenance and Final Acceptance (Aboveground Works) shall form part of this By-Law. 3. That this By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF OCTOBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF OCTOBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 5 of 12 Page 17 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... SCHEDULE "A" AECOM AECOM. 10 Choddey Street, Banta, ON, Canada UN M 7706:721.:8222 F701734:0764 www.aecornxom TOWNSHIP ENGINEERS CERTIFICATE OF MAINTENANCE AND FINAL, ACCEPTANCE fABOVEGROUND WORKS) MUNICIPALITY Townshinof Oro-Medonte PROJECT Woodland Estates f5intonlorsit Subdivision Plan 51 M, - 726 DEVELOPER 1091402 Ontario Ltd, FILE NO. 12-90076-51 WMA43T-910231: Description of the Works; Roadways in the Woodland Estates (SintonlOrsi) Subdivision consisting of • QIj,2nle Ridge Road from Bidwell Road south, then east to limit of Lot 35; a distance of 1,283 metres (4,209 feet); • Oak Ridue Road from Maple Ridge Road south. to cuWe-sac; a distance of 580 metres (1,902 feet), Fire Water Reservoir and Park Land in Block 54; We, AECOM, notify the Municipality that the above mentioned works were inspected an October 8, 2009, and to the best of our knowledge and judgement are complete in accordance with the Subdivision Agreement, except for the deficiencies below: • NIL We, AECOM, notify the Municipality that to the best of our knowledge and judgment: 1. The Developer named herein has completed the required maintenance work,. has rectified known deficiencies and has fulfilled the other terms of the Subdivision Agreement 2_ TT+h1%e period of maintenance of this Subdivision Agreement expires on the issuance of this Certificate, date;_t X Signature: ~/Y F1~1- AbovgwM1M8 F, 0. PR 1 DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 6 of 12 Page 18 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... Attachment # 2 - By-law Authorizing the Issuance of Certificate of Maintenance and Final Acceptance (Aboveground Works) -Maplehill Estates Phase 2 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-144 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground Works) for Maplehill Estates - Phase 2, Registered Plan 51 M-633 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into a Subdivision Agreement with 1091402 Ontario Ltd. in May 1999 to construct a residential development consisting of thirty two (32) lots on Pineview Drive and Northwood Court. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Certificate of Maintenance and Final Acceptance (Aboveground Works) for 1091402 Ontario Ltd., Registered Plan M-633 may now be issued by the Township Engineers (Aecom) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro- Medonte and 1091402 Ontario Ltd. Maplehill Estates - Phase 2. 2. That the attached Schedule "A", Certificate of Maintenance and Final Acceptance (Aboveground Works) shall form part of this By-Law. 3. That this By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF OCTOBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF OCTOBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 7 of 12 Page 19 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... SCHEDULE "A" AaaoM 10 Chochlay Street. Barrie, ON, Canada L4N 1W1 T705.721.0222 F705.734.0704 Www.aacom.mm TOWNSHIP ENGINEERS CERTIFICATE OF MAINTENANCE' AND FINAL ACCEPTANCE (ABOVEGROUND WORKS) MUNICIPALITY Townshio of Oro-Medonte PROJECT Maolehill Estates - Phase 2 Plan 51M-633 DEVELOPER 1091402 Ontario Ltd. FILE NO. 12-90042-53 (MMA&H 43T-900551 Descriation of the Works,. AECOM Roadways in the Maplehill Estates - Phase .2 Subdivision consisting of Pineview Drive from Bidwell Road: North to Northwood Court, a distance of 658 metres (2,159 feet). Northwood Court from Pineview Drive easterly and then south to the cul-de-sac, a distance of 354 metres (1,161 feet). Northwood Court from Pineview Drive westerly to the cul-de-sac, a distance of 414 metres (1,358 feet). We, AECOM, notify the Municipality thatthe above mentioned works were inspected on October 8, 2009, and to the best of our knowledge and judgement are complete in accordance with the Subdivision Agreement except for the deficiencies below: • NIL We, AECOM, notify the Municipality that to the. best of our knowledge and judgment 1. The Developer named herein has completed the required maintenance work, has rectified known deficiencies and has fulfilled the other terms of the Subdivision Agreement. 2. The period of maintenance of this Subdivision Agreement ex q'n he i ssuan of thisCertificate. Date: f Z90 Signature: xuwromwa ras F. x.. tm. a DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 8 of 12 Page 20 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... Attachment # 3 - By-law Authorizing the Issuance of Certificate of Maintenance and Final Acceptance (Aboveground Works) -Huronia Homes Phase 1 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-145 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground Works) for Huronia Homes -Phase 1, Registered Plan 51 M-676 WHEREAS Section 51, Subsection (26) of the PlannfngAct, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into a Subdivision Agreement with Huronia Homes Ltd. in May 2000 to construct a residential development consisting of 24 lots on White Pine Drive. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: 3. That the Certificate of Maintenance and Final Acceptance (Aboveground Works) for Huronia Homes Ltd., Registered Plan M-676 may now be issued by the Township Engineers (Aecom) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro- Medonte and Huronia Homes Ltd., Huronia Homes - Phase 1. 2. That the attached Schedule "A", Certificate of Maintenance and Final Acceptance (Aboveground Works) shall form part of this By-Law. 3. That this By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF OCTOBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF OCTOBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 9 of 12 Page 21 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... SCHEDULE "A" AECOM 10 Cheddey Street, Barrie, ON, Canada LAN 1W1 T706.721',9222 F705.734.0764. wwwaeeom.aom. TOWNSHIP ENGINEERS CERTIFICATE OF MAINTENANCE AND FINAL ACCEPTANCE 1A90VEGROUND'WORKS) MUNICIPALITY Townshio of Oro-Medonte PROJECT Huronia Homes Subdivision,-Phase 1 Plan51M-676 DEVELOPER Huronta Homes Ltd. FILE NO. 12.8911-51 fMMA 43T-910161 Description of the Works:. AECOM Roadways in the'HuroniaHomes Subdivision- Phase I consisting of. White Pine Drive from Mapiehill Drive easterly to Pineview Drive, a distance of 389 metres (1,276 feet). We, AECOM; notify the Municipality that the above mentioned works were inspected on October 8, 2009,. and to the best of our knowledge and judgement are complete in accordance with the Subdivision Agreement, except for the deficiencies below, NIL We, AECOM, notify the Municipality that tothe best of our knowledge and judgment 1. The Developer named herein has completed the required maintenance work, has rectified known deficiencies and has fulfilled the other terms of the. Subdivision Agreement. 2. The period of maintenance of this Subdivision Agreemen pre n the issuan oo this Certificate. y'Q L~-J- Date:~r Signature: r :.Wmyiwsd M6f: A': Po:1~ DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 10 of 12 Page 22 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... Attachment # 4 - By-law Authorizing the Issuance of Certificate of Maintenance and Final Acceptance (Aboveground and Underground Works) -Huronia Homes Phase 2 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-146 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground and Underground Works) for Huronia Homes -Phase 2, Registered Plan 51 M-807 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into a Subdivision Agreement with Huronia Homes Ltd. in January 2005 to construct a residential development consisting of twenty (20) lots on Hemlock Crescent. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground and underground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: 4. That the Certificates of Maintenance and Final Acceptance (Aboveground and Underground Works) for Huronia Homes Ltd., Registered Plan M-807 may now be issued by the Township Engineers (Aecom) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Huronia Homes Ltd., Huronia Homes - Phase 2. 5. That the attached Schedule "A", Certificate of Maintenance and Final Acceptance (Aboveground Works) shall form part of this By-Law. 6. That the attached Schedule "B", Certificate of Maintenance and Final Acceptance (Underground Works) shall form part of this By-Law. 7. That this By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF OCTOBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF OCTOBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 11 of 12 Page 23 of 133 Agenda Item # 10a) - Report No. DS 2009-67, Andria Leigh, Director of Development... SCHEDULE "A" AECOM 10 Choddey Street, Sande, ON, Canada, 1.4141 W1 T706.721:0222 -FT00.734.0704 w ,aewnnxonn TOWNSHIP ENGINEERS' CERTIFICATE OF MAINTENANCE AND FINAL ACCEPTANCE (ABOVEGROUND WORKS) MUNICIPALITY Townshin of.Oro-Medonte PROJECT Huronia Homes Subdivision - Phase 2' Plan 51 M - 807, DEVELOPER Huronia Homes Ltd. FILE NO. 12-8911.51 (MMA 43T-910181 Descriotion of the Works: AECOM Roadways in the Huronia Homes Subdivision Phase "2'consisting of: r Hemlock Crescent from Bidwell Road to Bidwell Road, adistance of 736 metres (4,411 feet):.. We, AECOM, notify the Municipality that the above mentioned works were inspected on October 8, 2069, and to the best of our knowledge and judgement are complete in- accordance with the Subdivision Agreement, except for the deficiencies below: • NIL We, AEGOM, notify the Municipality that to the best of our knowledge and,judgment'. 1: The Developer named herein has completed the required maintenance work, has rectified known deficiencies and has fulfilled the other terms of the Subdivision Agreement, 2. The period of maintenance of this Subdivision Agreement exp' on theassuance of this Certificate. Date, 0) f Signature: I" DEVELOPMENT SERVICES October 28, 2009 Report No. DS2009-067 Page 12 of 12 Page 24 of 133 Agenda Item # 10b) - Report No. CAO 2009-13, Samah Othman, Executive Assistant/Co... 1MV rtslUP p f ~ REPORT Proud.1-kr%trage, Exciting Fioture Report No. To: CAO 2009-13 Council Meeting Date: Subject: October 28, 2009 Request for Exemption - Warminster Annual Roll Remembrance Day Parade RECOMMENDATION(S): Requires Action XI It is recommended that: Prepared By: Samah Othman Motion # R.M.S. File For Information Only 1-1 1. That Report No. CAO 2009-13 be received and adopted. 2. That an exemption to By-law No. 2006-38 be granted to The Royal Canadian Legion of Branch 619, Warminster to hold a Remembrance Day Parade on November 8, 2009 commencing at 1:30 p.m. 3. And Further That the applicant be notified of Council's decision. BACKGROUND: By-law No. 2006-38 regulates the holding of parades or processions/events in the municipality. Section 8 of the above mentioned by-law permits that in a situation where a parade or procession/event will last for less than 24 hours, Council may dispense with any or all of the requirements of the by-law. The Royal Canadian Legion of Branch 619, Warminster plan to hold a Remembrance Day Parade on Sunday, November 8, 2009 at 1:30 p.m. This parade is a yearly event and the Legion has received Council permission to hold the parade in the past and waive the conditions of By-law 2006-38. The parade route begins at 1:30 p.m. in the village forming up on Demont Drive, marches along the Hwy. 12 to the Legion Cenotaph where the Remembrance Day Ceremonies will commence. FINANCIAL: None CAO Report No. CAO 2009-13 October 28, 2009 Page 1 of 2 Page 25 of 133 Agenda Item # 10b) - Report No. CAO 2009-13, Samah Othman, Executive Assistant/Co... POLICIES/LEGISLATION: By-law No. 2006-38 CONSULTATIONS: Verbal consultations with Mary Thompson, Secretary, The Royal Canadian Legion, Cahiague Branch (Ontario #619) and Gladys Daley. ATTACHMENTS: CONCLUSION: The Royal Canadian Legion, Cahiague Branch (Ontario #619) will be responsible in ensuring OPP and Fire and Emergency Services are notified accordingly and that insurance arrangements have been made. Res ec y sub~litt d: Samah hma Executive Assistant/Corporate Communications Specialist SMT Approval / Comments: C.A.O. Approval / Comments: CAO October 28, 2009 Report No. CAO 2009-13 Page 2 of 2 Page 26 of 133 Agenda Item # 10c) - Report No. RC 2009-20, Shawn Binns, Director of Recreation a... REPORT Report No. To: RC2009- 20 Council r~ Tawrash - of Meeting Date: Subject: October 28, 2009 Shanty Bay Firefighter Roll Subsidy Request RECOMMENDATION(S): Requires Action X❑ Proud Heritage, Exciting Future Prepared By: Shawn Binns Motion # R.M.S. File For Information Only It is recommended that: 1. Report No. RC2009-20 be received and adopted 2. That Council grant the request of the Shanty Bay Firefights to waive the rental fees of the Shanty Ball Diamond in the amount $260.00 for the 2009 season 3. That the Shanty Bay Firefighters be notified of Council's decision BACKGROUND: The Shanty Bay Firefighters are local volunteers that work out of the Shanty Bay Fire Hall. The Firefighters are involved in numerous community activities and were instrumental in the development of the Shanty Bay Park. ANALYSIS: It is Council's policy/practice that requests for subsidy be forwarded to Council for consideration. Council has historically waived the rental fees for the Shanty Bay Firefighters. POLICIES/LEGISLATION: By-Law 2009-056 - Fees and Charges ATTACHMENTS: 1. Application for Grant/Subsidy document 2. Copy of permit # 2374 for the 2009 ball season Recreation and Community Services Report No. RC2009-20 October 28, 2009 Page 1 of 2 Page 27 of 133 Agenda Item # 10c) - Report No. RC 2009-20, Shawn Binns, Director of Recreation a... CONCLUSION: The Shanty Bay Firefighters provide essential community service and have been an instrumental partner in the development of Recreational Facilities in Shanty Bay. It is recommended that Council grant the request to waive facility rental fees in the amount of $260. Shawn Binns Director, Recreation and Community Services SMT Approval / Comments: C.A.O. Anaroval /-Comments: Recreation and Community Services October 28, 2009 Report No. RC2009-20 Page 2 of 2 Page 28 of 133 Agenda Item # 10c) - Report No. RC 2009-20, Shawn Binns, Director of Recreation a... Instructions: In order to process the application, Appendix "A" Financial Information must be completed Note: Grants/Subsidies are not automatically renewed annually PART A - ORGANIZATION NAME AND ADDRESS INFORMATION Organization Name Address 5 0111A~'LI s s.o G2- City Prov. ~sr/ y Postal Code Z L v Contact ~SD/4 Telephone ;2 2 z -f34 /;7 E-mail ~G~/ X e' 4946 ,eX - Cowl Fax PART B - ORGANIZATION GENERAL INFORMATION Number of Out of Town Membership Fee Members Residents If Applicable Geographic Area Date Served Formed 4~;eO-LY - ^I/'p 701 Outline the mission, purpose and objectives of your organization. GO wpl-eee lwi 7' Te _ 148 Line 7 South, Box 100, Oro, Ontario LOL 2X0 Page 29 of 133 Agenda Item # 10c) - Report No. RC 2009-20, Shawn Binns, Director of Recreation a... Type of Organization (i.e. Registered Charity, Non-Profit Organization, no status, etc.) and registration number if applicable. it/or/ r"ti°vF~ 7 Indicate the products / services / benefits provided to the Township of Oro-Medonte by your organization: r L 7' /f sF L e-- # of individuals served: PLEASE ATTACH DETAILED ANNUAL BUDGET INFORMATION INDICATING REVUNUES AND EXPENDITURES (Appendix 'W') PART C - DETAILS OF REQUEST Grant is a request for a financial contribution from Council Subsidy is a request for a reduction or waiving of fees Application is for a (please check) Grant Subsidy Amount Requested: Purpose for which the grant/subsidy, If approved, would be used. Give complete details (i.e. project or event description, time frame, community benefits). S© W, K 44/,` CBit/Tiic/u~ 'i'O LCSc Ttll t=7- A~i34-,e- vfiJ~J~tJn u"C T c,eJ / Ti,e:eu J' c tY.,Y °_6 c- Do you currently receive other grants or subsidies from the Township (facility subsidization, photocopying, secretarial, etc). ,~v Previous grants/subsidies from the Township? Ala Page 30 of 133 Agenda Item # 10c) - Report No. RC 2009-20, Shawn Binns, Director of Recreation a... Amount Requested: ~~r/d let5l /St r `z-- Z.Year of Request: Amount Approved: PAC-~hLNATUROF AUTHORIZED OFFICIALIS) Name & Position Name & Position For office use only Approved: Amount $ Year of Approval: Date: Date: Denied: Date: NOTE: Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act, and will be used for the purpose of determining eligibility for grants. Questions about this collection should be directed to the Freedom of Information Co-ordinator, The Corporation of the Township of Oro-Medonte,148 Line 7 South, Box '100, Oro, Ontario. LOL 2X0 Please use additional sheet (and attach more if required) to complete the information requested on the Grant/Subsidy Application Form. APPENDIX "A" Page 31 of 133 Agenda Item # 10c) - Report No. RC 2009-20, Shawn Binns, Director of Recreation a... FINANCIAL. HWORMATION ORGANIZATION NAME: -5vvg -/1/`r~ A~ / CURRENT FISCAL YEAR: Year. REVENUE: Source: Amount: TOTAL: EXPENDITURES: Item: TOTAL: Amount: SUMMARY. Surplus or deficit from previous year: Revenue Sub Total Minus Expenditures BALANCE: NEXT YEAR PROPOSED: Year: REVENUE: Source: Amount: EXPENDITURES: Item: TOTAL Amount: TOTAL: SUMMARY: Surplus or deficit from previous year: Revenue Sub Total Minus Exp. Expenditures BALANCE: Signature: ' Date: Page 32 of 133 Agenda Item # 10c) - Report No. RC 2009-20, Shawn Binns, Director of Recreation a... Printed 15-Oct-09, 12:55 PM Township of Oro-Medonte 148 Line 7 S., Box 100 Phone: (705) 487-2171 Oro-Medonte, ON LOL 2X0 Fax: (705) 487-0133 Customer Schedule Shanty Bay Fire Fighters Mr. Robert Bowman 5 Melissa Cr Shanty Bay, ON LOL 2LO Date Day Complex Facility 03-May-09 Sun SHANT Shanty Bay 10-May-09 Sun SHANT Shanty Bay 17-May-09 Sun SHANT Shanty Bay 24-May-09 Sun SHANT Shanty Bay 31-May-09 Sun SHANT Shanty Bay 07-Jun-09 Sun SHANT Shanty Bay 14-Jun-09 Sun SHANT Shanty Bay 21-Jun-09 Sun SHANT Shanty Bay 28-Jun-09 Sun SHANT Shanty Bay 05-Jul-09 Sun SHANT Shanty Bay Page I of 2 Acct ID: Permit Number: 2374 Mr. Robert Bowman Dur. Hourly Other Event Type Start Time End Time (Min) Rate Charge Amount Game 10:00 AM 12:00 PM 120 13.00 0.00 26.00 Game 10:00 AM 12:00 PM 120 13.00 0.00 26.00 Game 10:00 AM 12:00 PM 120 13.00 0.00 26.00 Game 10:00 AM 12:00 PM 120 13.00 0.00 26.00 Game 10:00 AM 12:00 PM 120 13.00 0.00 26.00 Game 10:00 AM 12:00 PM 120 13.00 0.00 26.00 Game 10:00 AM 12:00 PM 120 13.00 0.00 26.00 Game 10:00 AM 12:00 PM 120 13.00 0.00 26.00 Game 10:00 AM 12:00 PM 120 13.00 0.00 26.00 Game 10:00 AM 12:00 PM 120 13.00 0.00 26.00 20.0 (hrs) Sub Total $260.00 Tax $0.00 Grand Total $260.00 CONT RACT PLEASE SIGN AND RETURN ONE COPY OF THIS PERMIT WITH PAYMENT IMMEDIATELY. BOOKINGS ARE TENTATIVE UNTIL SIGNED PERMIT AND PAYMENT ARE RECEIVED. ALL CHEQUES ARE TO BE MADE PAYABLE TO THE TOWNSHIP OF ORO-MEDONTE. NSF cheques must be replaced immediately with either a money order, cash or certified cheque and a $20.00 fee must be added to the amount of the dishonoured cheque. Interest will be charged at a rate of 15% per annum on all overdue accounts. Late payments or failure to replace NSF cheques may result in cancellation of your booking. It is mutually agreed that in the event it becomes necessary for the Parks & Recreation Department, through weather conditions, breakdown of equipment or any other cause, to cancel a sheduled event(s) at one of their facilities, the Parks and Recreation Department will notify the person signing the permit. Every effort will be made to replace a booking which has been cancelled or a refund will be given. Notice of a booking cancellation by permit holders must be given in writing to the Township Office. Cancellation in writing more than 7 days in advance of rental date: $20.00 administration charge Full (100%) refund of rental fee Cancellation in writing within 7 days of rental date: - $20.00 administration charge - Full (100%) refund of rental fee if rental time is used by another renter - 50% refund of rental fee if rental time is not used by another renter * Indicates event spans multiple days. Powered by MaxEnterprise®, a product of Maximum Solutions, Inc. Page 33 of 133 Agenda Item # 1Oc) - Report No. RC 2009-20, Shawn Binns, Director of Recreation a... Printed 15-Oct-09, 12:55 PM Cancellation in writing less than 48 hours before rental date: - No refund of rental fee No cancellation notice ("no-show"): - No refund of rental fee Page 2 of 2 The exchange of booked time between individual teams or organizations is not permitted without proper written permission from the Parks & Recreation Department. No alcoholic beverages are allowed in any Township of Oro-Medonte facility without express permission from the Parks & Recreation Department. NOTE: Failure by any renter/group to adhere to the rental regulation/conditions noted herein may result in the cancellation of the renters/groups entire booking. WAIVER: The permit applicant/organization agrees to hereby waive and forever discharge and INDEMNIFY AND SAVE HARMLESS the Corporation of the Township of Oro-Medonte, its employees, volunteers, partner organizations, sponsors, officers, and elected officials from all claims, damages, costs and expenses in respect to injury or damage to my/their person or property, however caused, which may occur as a result of my/their participation in the use/uses intended which will be held at the permit location/locations during the period of this permit including any additional dates later added to this permit. Notwithstanding the foregoing, this indemnification shall not apply to claims, damages, costs and expenses which the Corporation of the Township of Oro-Medonte shall or may become liable for by reason of any willful default or negligence of the Corporation of the Township of Oro-Medonte, its officers and employees. SIGNATURE: DATE: If not the named addressee of the permit, please print your name. Personal information contained on this form is collected pursuant to THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT, and will be used for the purpose of this permit. Questions about this collection should be directed to the Freedom of Information Co-ordinator, The Corporation of the Township of Oro-Medonte, 148 Line 7 South, Box 100, Oro, Ontario LOL 2X0 End of Listing * Indicates event spans multiple days. Powered by MaxEnlerprise%, a product of Maximum Solutions, Inc. Page 34 of 133 Agenda Item # 10d) - Report No. RC 2009-21, Shawn Binns, Director of Recreation a... REPORT ~ .~`f o JZ -,e~ ~ Proud Heritage, Exciting Future Report No. To: RC2009-21 Council Prepared By: Shawn Binns Meeting Date: Subject: Motion # October 28, 2009 Request for Exemption - Warminster Annual Santa Roll Claus Parade R.M.S. File RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. RC2009-21 be received and adopted. 2. An exemption to By-law 2006-38 be granted for the Warminster Santa Claus Parade to be held on Sunday, December 20, 2009 at 2pm. 3. That the organizing committee be advised of Council's decision. BACKGROUND: By-Law No. 2006-38 regulates the holding of parades or processions/events in the municipality. Section 8 of the above mentioned By-law permits that in a situation where a parade or procession/event will last less than 24 hours, Council may dispense with any or all of the requirements of the By-Law. The Warminster Hall Board has requested that Council waive the requirements of the By-Law for the Warminster Santa Claus Parade to be held on Sunday, December 20, 2009, at 2pm ANALYSIS: Mr. Dennis Barkley (Parade Marshall and organizing committee Member) has submitted a request for exemption to the conditions of By-Law 2006-38. Section 8 of the afore- mentioned By-law permits that in a situation where a parade or procession/event will last less than 24 hours, Council may dispense with any or all of the requirements of the By-Law. Specifically the organizing committee is requesting exemptions to section 3 (Provision of Liability Insurance) and section 6 (Provision of Damage Deposit) to permit the annual parade. Recreation and Community Services Report No. RC2009-21 October 28, 2009 Page 1 of 2 Page 35 of 133 Agenda Item # 10d) - Report No. RC 2009-21, Shawn Binns, Director of Recreation a... Risk Management • The organizing committee will have volunteers assisting with the parade • Emergency personnel (O.P.P and Oro-Medonte Fire and Emergency Services) have been notified and will be in attendance. The Warminster Santa Claus Parade is an annual event, which Council has historically waived the conditions of the By-Law 2006-38 to permit the event. FINANCIAL: N/A POLICIES/LEGISLATION: Highway Traffic Act R.S.O 1990 By-Law 2006-038 CONSULTATIONS: Director Transportation and Environmental Services Director, Fire and Emergency Services ATTACHMENTS: 1) Request for exemption attachment 1 2) By- Law 2006-38 CONCLUSION: The Santa Claus Parade an annual community event and draws significant community involvement and participation. The organizing group has taken all precautions to ensure that the event will be run safely and associated risks will be properly managed. It is recommended that Council grant this request to allow this event to occur again in 2009. Respectfully submitted: > Shawn Binns Director, Recreation and Community Services SMT Approval / Comments: C.A.O. Approval / Comments: Recreation and Community Services Report No. RC2009-21 October 28, 2009 Page 2 of 2 Page 36 of 133 Agenda Item # 10d) - Report No. RC 2009-21, Shawn Binns, Director of Recreation a... RUG-31-2009(MON) 07;09 WESTBURNE (FRX)705 645 6074 P.0011002 Westburuc Ruddy , 4► 440 Eccelstone Dr, Tel: (705) 645-8288 Sracebridge, Ontario Fax- (745) 645-6074 IT F1L 1Z6 Toll l~'ree 7.-877-645-8288 FAX MESSAGE FRbM: Dennis Barkley DATE: Email: TO- IMAGE: REFERENCE: LEE .h 1 c r V /Yvz C~.~'► L.~ , Cl G . C_ rrr,,+, , , I /Y,, t / r ri L?j ~1F ~I r-D133 r" Page 37 of 133 Agenda Item # 10d) - Report No. RC 2009-21, Shawn Binns, Director of Recreation a... RUG-31-2009(MON) 07:09 WESTBURME (FAX)705 645 6074 P.002/002 Warminster Santa Claus Par ade bec.20/09 2PM Start Put A Float Together And Join Us Dennis 325-3915 Harold 325-7729 Page 38 of 133 Agenda Item # 10d) - Report No. RC 2009-21, Shawn Binns, Director of Recreation a... ~r e- L ma nJ E U r v ,s Ef z Page 39 of 133 Agenda Item # 10d) - Report No. RC 2009-21, Shawn Binns, Director of Recreation a... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2006-038 A By-law to Regulate the Holding of Parades or Processions/Events on Highways within the Township of Oro-Medonte and to Repeal By-law 99-41 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, defines spheres of jurisdiction under which a municipality may pass by-laws; AND WHEREAS the spheres of jurisdiction include highways, including parking and traffic on highways; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it expedient to regulate the holding of parades or processions/events on highways within the Township of Oro-Medonte; is i" NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Before any person, persons, corporations, organizations or associations may hold or conduct a parade or procession/event on a municipal highway within the limits of the Township of Oro-Medonte, they shall obtain a permit therefore and comply with the provisions of this by-law. 2. No permit shall be granted under this by-law unless and until a letter of confirmation from the Police Services, in effect at the time of application, is provided to the Township of Oro-Medonte, to ensure that adequate police protection is available during the period of the parade or procession/event or any or all of them, during which such police protection shall, in the opinion of the Police Services, be necessary. All costs associated with the required police protection shall be the responsibility of the applicant. i; 3. No permit shall be granted under this by-law unless and until the applicant has provided, to the Township of Oro-Medonte, proof of insurance indemnifying the j Township against damage to public and private property, as well as, indemnification for general property damage to public and private property, as well as, indemnification for general property damage and public liability. 4. No permit shall be granted under this by-law unless the applicant has deposited, at the discretion of the Township Clerk, a certificate in writing from the Medical Officer of Health or the local Heath Unit, that all health and sanitation requirements for the parade or procession/event have been provided 5. No permit shall be granted under this by-law unless the applicant has deposited, with the Township Clerk, an approved outline of the routes of travel for the f parade or procession/event. 6. No permit shall be granted under this by-law until the applicant has deposited, with the Manager of Recreation and Community Services, a damage deposit, in II the amount in effect at the time of application, for the applicable municipal f building, to repair minor damages, cleaning of buildings and grounds, after such parade or procession/event has terminated. 7, All other costs incurred, so that municipal property shall be restored to its previous state, without cost to the Corporation for the administration of such public property, shall be the responsibility of the applicant. 8. In the case of any parade or procession/event which would last for a lesser period than twenty-four (24) hours, the Council may, at its discretion, dispense with any or all of the requirements of this by-law. Page 40 of 133 Agenda Item # 10d) - Report No. RC 2009-21, Shawn Binns, Director of Recreation a... 9. Every person, persons, corporation, organization or association 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, A.S.O. 1990, c. P.33, and every such fine is recoverable under the Provincial Offences Acf. 10. If any court of competent jurisdiction finds that any of the provisions of this by-law are ultra vires the jurisdiction of Council, or are invalid for a reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the by-law which shall remain in full force and effect. 11. Bylaw No. 99-41 is hereby repealed in its entirety. 12. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 19'" DAY OF APRIL, 2006, BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 19.. DAY OF APRIL, 2006. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 0 Maybr, J. Neil Craig c>tfng Clerk Jerlrifff7r Melenlewski Page 41 of 133 Agenda Item # 10e) - Report No. RC 2009-22, Shawn Binns, Director of Recreation a... REPORT (NGZ Proud Heritage, Exciting Future Report No. To: Prepared By: RC2009-22 Council Shawn Binns Meeting Date: Subject: Motion # October 28, 2009 Draft Policy PR -011 Municipal Playground Policy Roll R.M.S. File RECOMMENDATION(S): Requires Action r For Information Only It is recommended that: 1. Report No. RC2009-22 be received 2. Policy PR - 011 be approved and implemented immediately 3. The expenses for required signage and surface resilience testing be included in the 2010 Recreation and Community Services Budget BACKGROUND: The Township of Oro-Medonte currently provides and maintains nine playgrounds throughout the Municipality. Playgrounds provide opportunities for creative and stimulating play for children of all ages. While there are many benefits to providing playgrounds there are also potential hazards which require proper management to ensure safety such as: Protective surfacing - Vandalism Insufficient equipment spacing Lack of adequate guardrails or barriers Protrusion and entanglement hazards Entrapment openings Trip hazards Lack of age appropriate play components Crush, shear and sharp edge hazards To minimize the potential of risks the Township of Oro-Medonte has been proactive to develop a draft playground policy using CSAZ614 guidelines to provide a framework for playground development, maintenance and risk management. Recreation and Community Services October 28, 2009 Report No. RC2009-22 Page 1 of 3 Page 42 of 133 Agenda Item # 10e) - Report No. RC 2009-22, Shawn Binns, Director of Recreation a... ANALYSIS: Review of the CSA -Z614 - Plavaround Standard The Canadian Standards Association CSA Z614 playground standard requires that all owner/operators of public use playground equipment complete specific types of playground inspections at certain time intervals (weekly, monthly and annually) with varying levels of detail and documentation. Should these inspections not be completed, an owner/operator and an inspector bring risk of injury to users and potential liability to their organization. There is no specific law or governing body to monitor the completion of playground inspections. It is only in the unfortunate event of a significant injury that issues of inspection and employee training are brought forward. To ensure that equipment is in safe working order and to avoid exposure to unforeseen liability risks, the insuring agency may request to see copies of playground inspection and maintenance reports prior to renewing an insurance policy. This is often the case with municipalities, school boards, housing co-operatives, condominium complexes or campgrounds. The Canadian Playground Safety Institute recommends that all playground owners have at least one certified playground inspector at their disposal (on staff or through an outside agency/consultant). Whenever possible, staff completing inspection and maintenance work on playground equipment should be certified inspectors. Draft Playground Policy The draft playground policy has been developed to reflect municipal best practices relating to the CSA-Z614 Standard and the following principles: • The commitment of the township to provide the highest possible level of community service and safety within the confines of staffing and budget • Acknowledgement of the value of play for all children regardless of age, gender or ability; and • The commitment to provide interesting and stimulating play experiences to meet community needs The draft policy provides a framework for design, installation, accessibility, safety, maintenance and a written documentation and inspection protocol to ensure due diligence. Currently the Recreation and Community Services Department has one facility operator certified as a playground inspector. Inspections are conducted visually routinely and formally written 1 x per month. Additionally in 2010 it is recommended that surface resilience testing occur 1 x per year. The expense to conduct this testing at all sites Recreation and Community Services October 28, 2009 Report No. RC2009-22 Page 2 of 3 Page 43 of 133 Agenda Item # 10e) - Report No. RC 2009-22, Shawn Binns, Director of Recreation a... would be approximately $2,500. Signage reflecting the playground regulations is also required at an expense of approximately $4000 FINANCIAL: Surface Resilience Testing - $2500 Signage for all sites - $4000 POLICIES/LEGISLATION: CSA- Z614 CONSULTATIONS: Recreation Technical Support Group Cowan Insurance ATTACHMENTS: 1. POL-PR-011 Draft Municipal Playground Policy 2. Playground Equipment Maintenance Checklist 3. Sample Playground Regulations Sign CONCLUSION: The draft playground policy will ensure the Township continue to provide a variety of playgrounds while ensuring safety at play. Respectfully submitted: Shawn Binns Director, Recreation and Community Services SMT Aaaroval / Comments: C.A.O. Arwroval / Comments: r-~ Recreation and Community Services October 28, 2009 Report No. RC2009-22 Page 3 of 3 Page 44 of 133 Agenda Item # 10e) - Report No. RC 2009-22, Shawn Binns, Director of Recreation a... Oro-Medonte Township Policy Section Subject Number of Policy/Procedure Recreation and Municipal Playground Policy Paqes 2 # POL-PR- 011 Community Services Enacted By Council 1.0 PREAMBLE Principles upon which the policy statements have been prepared involve: • The commitment of the township to provide the highest possible level of community service and safety within the confines of staffing and budget • Acknowledgement of the value of play for all children regardless of age, gender or ability; and • The commitment to provide interesting and stimulating play experiences to meet community needs. 2.0 PROVISION OF PLAYGROUNDS 2.1: Playgrounds will be provided and maintained throughout the township based on a range of factors and will primarily meet identified community needs. 2.2:. Continuous asset monitoring, refurbishment and replacement will optimize provision of safe playgrounds. 3.0 DESIGN OF PLAYGROUND 3.1: Playgrounds will be designed with a range of creative play opportunities and adequate infrastructure to meet user needs. 3.2: All playgrounds shall be designed to meet relevant safety standards. 4.0 ACCESSIBILITY 4.1: All playgrounds will offer reasonable access to a diverse range of children and families. 4.2: Accessibility shall be assessed on an ongoing basis as community needs develop. 4.3 Playgrounds will be developed will to have varying degree of accessible elements and designed according to accessibility standards. Township of Oro-Medonte Municipal Playground Policy Page 45 of 133 Agenda Item # 10e) - Report No. RC 2009-22, Shawn Binns, Director of Recreation a... 5.0 SAFETY IN PLAY 5.1: All playgrounds will comply with relevant Standards. 5.2: Playground environments will be open and secure. 5.3: Council will ensure that other activities do not compromise safety in and near playgrounds. (Traffic speed, dogs, smoking, construction activities and the like) 5.4: Playgrounds shall be inspected and records of these inspections shall be available on a regular basis. 5.5: Playground Regulation signs will be posted at each playground location. 5.6: All equipment is to be signed indicating age appropriate guidelines. 6.0 MAINTENANCE 6.1: All playgrounds on Township property will be maintained and inspected by the Township of Oro-Medonte. Records of Maintenance and inspections shall be recorded on inspection forms (Appendix A) and filed accordingly. 6.2: The minimum standard of maintenance shall be the condition as constructed. 6.3: Maintenance shall be performed based on inspections. Playgrounds will be closed if conditions exist that have potential to cause injuries. 6.4: Due to staffing limitations there shall be no winter maintenance of playgrounds and they shall be considered closed at these times and signed to indicate the same. 6.5: Any additions or modifications to playgrounds shall be done to current standards. 6.6: Inspections shall include a yearly detailed inspection of each playground. There shall be regular detailed inspections of each playground during months of operation; and weekly visual inspections. 6.7 Surface resilience testing will be conducted 1 x per year in the spring prior to opening. 6.8 Playground inspections will be conducted by a staff trained as a certified playground inspector. 7.0 SMOKING 7.1: It shall be prohibited to smoke within or near any Township playground. 8.0 DEFINITIONS OF EVENTS 8.1: Playgrounds will be promoted to the local and broader community. Township of Oro-Medonte Municipal Playground Policy Page 46 of 133 v (D JNI A O h W W Play Ground Equipment - Recommended Maintenance Checklist Location: ® - Satisfactory Inspected By: Requires Attention Date: Time: Equipment Swings Slides Rocking Teeter Climbers Merry Creative General Action Equip. Totters Go-round Play Site Taken Structure Condition Chains S-hooks Hanger Bearings Grease Fittings Stability in Ground Exposed Concrete Tilting End/Centre Fittings Chain Pipe Covers Fastening Points Side Walls Entrapment Point Areas Sharp Edges/Points Stairs of Slides Tube Slides Date Finished D cc O Q v O 3 0 O ZJ O O Z O ~(7 n N O O CO N N Cn S v W CD 0 0 1 O X (D n n CD 9 0 Sv (D CD O h W W Equipment Swings Slides Rocking Teeter Climbers Merry Creative Equip. Totters Go-round Play Structure Cracking/Damage Spring and Bar Handles Pivot Points for Wear Nuts and Bolts Ground Clearance Locking Devices - Internal/external Wood Checking - Max width Protrusions Protection Caps/Plugs Surface below Equipment Wooden Borders Debris/Broken Glass Asphalt Paths Etc. Lighting Sign(s) Fencing General Action Date Site Taken Finished Condition D c~ O Q sv O 3 O O ~J O O Z O ~J n N O 0 CO N N Cn W cn CD n O n O ;7 CD n n CD O W v (D JNI O h W W Location: Inspected by: EQUIPMENT & MANUFACTURER I General Comments DEFICIENCY DESCRIPTION _ j DATE: _ Conditions: CSA REFERENCE PHOTO RECOMMENDED REFERENCE ACTION 1 APPROXIMATE HAZARD CLASS COST Site Totals D cc O Q sv CD 3 O O O O Z O ~I7 n N O O CO N N CO S !y W CD 0 O O X (D n n CD 0 Agenda Item # 10e) - Report No. RC 2009-22, Shawn Binns, Director of Recreation a... owrah' of Proud Heritage, Exciting Future NOTICE UNSUPERVISED PLAYGROUND • Parents and Guardians must supervise children using the play equipment. • All users assume all risks and responsibilities for the proper use of age-appropriate equipment. • Play Equipment is not intended for winter use. • Dogs are not permitted in playground area • Inspect the park each visit for any damage or hazards and report to: TOWNSHIP OF ORO-MEDONTE-RECREATION AND COMMUNTY SERVICES (705)487-2171 Page 50 of 133 Agenda Item # 1 Of) - Report No. RC 2009-23, Shawn Binns, Director of Recreation a... REPORT Report No. RC2009-23 Meeting Date: October 28, 2009 Roll Totrmship of To: Council Proud Heritage, Exciting Future Prepared By: Shawn Binns Subject: Old Town Hall Roof RECOMMENDATION(S): Requires Action X❑ Motion # R.M.S. File For Information Only It is recommended that: 1. Report RC2009-23 be received and adopted 2. Council approve the additional expenses in the amount of $13,025 for the Old Town Hall roof repair 3. The expenses be funded from the Recreation reserve fund BACKGROUND: The Old Town Hall consists of two roof sections, a peak section which covers the main hall and a 800 ft2 flat roof which covers the addition housing the added bathrooms and storage areas. In 2007 the steel roof was replaced on the peaked section. The flat roof which was installed in approximately 1985 was not repaired at this time although problems with water penetration were noticeable. In 2008 with increased snow loads on the flat section, water penetration became an increasing concern and funding in the amount of $4000 was included in the 2009 budget to repair the flat roof. ANALYSIS: A roof asset management assessment was conducted by Garland Canada to review the best and most economical solution to repairing the 800ft2 roof section. The assessment revealed the following conditions with the existing roof: • Deterioration of the perimeter flashings • Deterioration of the asphalt surfacing and membrane • Roof deck is rotted and not structurally sound with the possibility of structural failure with snow loads • Interior water penetration and mold in insulation Recreation and Community Services Report No. RC2009-23 October 28, 2009 Page 1 of 2 Page 51 of 133 Agenda Item # 1 Of) - Report No. RC 2009-23, Shawn Binns, Director of Recreation a... Two options were reviewed to repair/replace flat roof section: 1) Remove and replace with flat roof section (estimated cost $18,000+) 2) Replace with a peaked steel roof which would be more economical to install and maintain. Engineered drawings were prepared and quotes obtained as follows: GRC Contracting $18,427 Les Bertram ad Sons Construction $23,950 Thom Win Construction $12,100 Additionally the replacement of existing insulation is required. FINANCIAL: Engineering and inspection Roof Construction Building Permit Insulation Contingency (10%) Total CONSULTATIONS: • Garland Canada • Gerrits Engineering CONCLUSION: $ 2,700 $12,100 $ 225 $ 500 $ 1,500 $17,025 It is recommended that Council approve the additional expenditures in the amount of $13,025 and that Thom Win be awarded the contract for the roof repair. Respectfully submitted, Shawn Binns Director, Recreation and Community Services SMT Approval / Comments Recreation and Community Services Report No. RC2009-23 C.A.O. Aanroval / Comments: 04X--" October 28, 2009 Page 2 of 2 Page 52 of 133 Agenda Item # 10g) - Tamara Obee, Manager Health & Safety, Employee Relations, re... cc: From: Tamara Obee R.M. File Date: October 28, 2009 Roll Subject: Accessibility Standards for Customer Service Council adopted and enacted Policy and Procedures # POL-AODA-01 Accessibility Standards for Customer Service on October 14, 2009. Subsequent to the Policy and Procedures being enacted the following changes to Appendix "A" and Appendix "F" (attached) are submitted for Council's consideration: Appendix "A" - outlines that audio playback is available on the Township Website for Committee of Adjustment (COA), Oro-Medonte Environmental Group Advisors (OMEGA), and public meetings. Appendix "F" - indicates that a selection must be made for the "Accessibility Plan" and the "Accessibility Standards for Customer Service Policy and Procedures" in order to request an alternate format. It is recommended that Appendix "A" and Appendix "F" in POL-AODA-01 enacted on October 14, 2009 be replaced with Appendix "A" and Appendix "F" attached to this memo effective immediately. Re tfully Submitted', W amara Obee Manager Health & Safety, Employee Relations -q) A-,, Page 53 of 133 Agenda Item # 10g) - Tamara Obee, Manager Health & Safety, Employee Relations, re... APPENDIX "A" TOWNSHIP FACILITY AVAILABLE ASSISTIVE DEVICES Location Administrative Office 148 Line 7 S 149 Line. south, Roo 100 Oro, Ontario U)L 2 O Devices • Magnifiers at front counters • Audio playback for Committee of Adjustment (COA), Oro-Medonte Environmental Group Advisors (OMEGA), and public meetings - available on website www.oro-medonte.ca • Voice Amplifiers in Council Chambers P; ('705) 487-2171 wV d. 0 ' F: (705) 487-0133 ~ Page 54 of 133 Agenda Item # 10g) - Tamara Obee, Manager Health & Safety, Employee Relations, re... i x APPENDIX F Totvrashi of , - Proud I eritr,fie, Exciting Future REQUEST FORM DOCUMENTATION IN ALTERNATE FORMAT Indicate which document is required in an alternate format: ❑ Accessibility Plan ❑ Accessibility Standards for Customer Service Policy and Procedures Format Requested: (e.g. Braille, html, text, etc. - include any specific technical needs) Additional information regarding the request or document (i.e. time factors such as a set public consultation period) Thank you for your interest in the Corporation of the Township of Oro-Medonte. Requested by & Phone Personal information on this form is collected under the authority of section 367(1) of the Municipal Act R.S.O. 1990, c. M.45. It will be used to provide a document or information produced by the Township of Oro-Medonte as requested. Costs of the document shall be as per the Township's Fees and Charges By-law, and all additional costs incurred due to the conversion will be absorbed by the Office of the Chief Administrative Officer. The timeframe attached to the conversion process will vary depending on the media chosen, the size, the complexity and quantity of documents to be converted. For questions or additional information contact the Chief Administration Office, Township of Oro-Medonte, 148 Line 7 S, Box 100, Oro, Ontario. LOL 2X0. Internal Use -To Be Cotnpleted by Chief Adimriistrttive Office: Date Received: Document's Originating Date Completed: Cost: Depart ment/Contact; 148 Lire: 7south,Box 100 P: (705) 487-2171 Oro, Ontario LOL 2X0 F: (705) 487-0133 Page 55 of 133 Agenda Item # 11 b) - Mayor H.S. Hughes, re: Bill 196, An Act Respecting the Adjus... Bill 196, An Act respecting the adjustment of the boundary between the City of Barrie an... Page 1 of 1 Bill 196, An Act respecting the adjustment of the boundary between the City of Barrie and the Town of Innisf ill Projet de loll 196, Loll concernant la modification des limites territoriales entre la cite de Barrie et la ville d'Innisfil The Standing Committee on Justice Policy will meet to consider Bill 196, An Act respecting the adjustment of the boundary between the City of Barrie and the Town of Innisfil. The Committee intends to hold public hearings on November 5, 2009. Interested people who wish to be considered to make an oral presentation on Bill 196 should contact the Committee Clerk by 5:00 p.m. on Thursday, October 29, 2009. Those who do not wish to make an oral presentation but wish to comment on the Bill may send written submissions to the Committee Clerk at the address below by 5:00 p.m. on Thursday, November 5, 2009. An electronic version of the Bill is available on the Legislative Assembly website at: www.ontla.on.ca. Lorenzo Berardinetti, MPP Chair/Pr6sident Susan Sourial Clerk/Greffiere Room 1405, Whitney Block/Bureau 1405, Edifice Whitney Queen's Park, Toronto ON M7A 1A2 Telephone/T616phone: Facsimile/T616copieur: TTY/ATS: 416-325-7352 416-325-3505 416-325-3538 Collect calls will be accepted./Nous acceptons les appels a frais vir6s. Ces renseignements sont disponibles en frangais sur demande. ht.tn://www.ontla.on.calcommittee-nroccedings/committee-hearings-notices/files html/Ri 10/?.7/?,OOQ Page 56 of 133 oro SCr IPS. cil cow- . • STAFF 8Y F►tANg ~~S' Oro Iviedonte council has dissolved thetowuship's plan- ning advisory committee. o tees Its five citize, a func-servmg ate no longer nsidex.-essential Lion many co for sound Plitnnmg' though a former member of the now questions -~mmirtee th a Uow disagreement ~UUMI , st. i a was not "IsP4e1 • the com- IRO-111D0"TE defunct group ` whether counemots ever ual ued their work' "Our most significant accomplishment was_ trying our staff in Une with to keep „one said 'Q (D 4 O W W r the commfliee. what they ° member sai bitsy unified in terms ven "itsy . [o Betweenthem 3 should he said mitts was be doing, were sttong y n 'by staff they think''h "Some of them wex develop- council) and d d pposed to hearing ( W the answers an o d some lications, an ~ they ~o ~l ns." meat m said that what oafT .was f them ted10. ear -Fj th didu C 1 will now review licatians p they really Waa were those views toms development ap thoten- ff studies the P> t So a a ber brought ne them a ile s wh ivorking gro ups to ` mat o riding co rflo on- a lion rec°mme ttee an nu tial for ut on Planning k public ink cil disband the cam At with members it' mattersnc}Pates, one of li. reform who will adhere . of the public set out by would focus On se u groups Ucations,. to the mandate development app embers of the lost, comic was. t motion - and said m committee dvisory Tha vote to 16 former a the Official Plan, on condition of ano COW~ Was I11~~lF it~~ 'rMe g o in t flee dissolve ft comma woti court But residents axe council's d S~g nymity not the t _ Nd 10, tows of INn►' current foi7nnew W as the lone Sandy om` to be beating o of the neW ou~ to pin ber ,Well, W e are . .I.Nt ey 3 ' _„W oppose the c councillor to QPP > door one mem advisory . . bod'tes> " ?olice. cil will now e o biP coon of Bevel-' W~~ tIOYt~ niittee'sdissolution• «I wanted to maintain the ning that the claiminw treated poorly in up ~vexsee the review s while T Harty HUgh~s iblic input "'to the Plan gro nt monms• ifically , n m apphcatio MO p~ Said Agnew. hcouncilwoU ldbewelcometo30' ' eY its u " h mber spec )PM- otcuual use staff studies the p k if "woxkmg groups, Official )ublic input on d other initia' >lan review an Ives.. . me cam "We ' dissolved diner) with the inte t Y ,structuring it, May, lughes told OritliaToday ughes matntamsthe grow H within the group. ,as created largely to work Official Process' ment and The we gow develop dited an instance where t e on. the township'. s matters are dealt With committee was plan, Which remalns m related ma to be Seens advisory b . letter for a decision on the in future remains "reprimanded. Y Pending county's Offi~~ ~owledged 'he added* view there was However, he ~ In,. MY ublic them- to dissolve Was value in having p the motion concern partially driven by . bets onjWe„ J Hack of unity see CCouscit on P g over an aPP?r~ P the xesuthe f group over hoW within issue $hould be a planning handled' a warn` The ~ttex is lucould dismiss ins mat coup on-adherence" membersfor"n date. to the committee s man .war "Who would step foxer now, and why would you • member asked- the former Mayo Ron OTlllia, input on Stevens says Public plOwn isjuvalua b he wheat "They separate of get- from the chaff the terms of the to tine doment) application (develop ce of and the imporw c.1 will at said. That a coup advi- with an ® times disagree is not unusu- 'I Y1ew sory committee In WY al,headded.. esainPle, Vtb Orillia s pxC> for triple tower con- • t Support a merit at a/ ium 619, deii die a4~► ~~erS 011 L3rcbardFoint an un trop ended u? ~OUII. Sandy p#new not. The aPPh taro MuniolP, before the On o follow its mandate, Board and was accepted' failing t Agenda Item # 1 le) - Mayor H.S. Hughes, re: Oro Station Hall Sign Permit. -1 b" . C O M M U N I T Y E N T R E 31 Ridge Road East, Oro Statlon, ON LOL 2E0 October 28`,2009 Township of Oro-Medonte Box 100 Oro Station, On LOL 2X0 Attention: Mayor Hughes and Council Re: Sign Permit Dear: Mayor Hughes wCT The Oro Station Community Hall recently received permit approval from the County of Simcoe to put up a sign on County Rd. # 20. in accordance with the By-Law #4620. and paid $150.00 for the permit. We were under the understanding after reading the Oro-Medonte Road sign by-laws that you applied to the road that your property was situated on for the permit. Therefore that is what we did. On Monday we received a call from the By-Law Enforcer saying that we also have to have a permit for $75.00 from the Township to erect the sign. We feel in all fairness that being a self supporting non-profit Community Hall that we should be exempt from this fee. Our only intent of advertising on our sign is for the Community to be aware of what is available to them to enjoy. We trust that you will give this matter your consideration. Yours truly, Susan Leigh Oro Station Community Hall Board of Director Member Tqi&1w, , ••t TIMkAUM Special thanks to the Ontario Trillium Foundation Page 58 of 133 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on October 1 ` Draft THE TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES 0 Township ofCouncil Chambers Proud Heritage, Exciting Future Thursday, October 15, 2009 9:30 a.m. Present: Michelle Lynch, Chair, Lynda Aiken, Bruce Chappell, Garry Potter, Rick Webster Staff Present: Steven Farquharson, Secretary Treasurer/intermediate Planner; Marie Brissette, Deputy Secretary Treasurer/Committee Coordinator 1. OPENING OF THE MEETING BY THE CHAIR Michelle Lynch assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion for Adoption. Motion No. CA091015-01 Moved by Chappell, Seconded by Webster It is recommended by the Committee of Adjustment that the agenda for the meeting of Thursday, October 15, 2009 be received and adopted as amended to include: 6a) Correspondence dated October 13, 2009 from Harold and Linda Roe, re: Variance Application 2009-A-08. 6b) Cancellation of December 17, 2009 meeting. Carried. Page 1 of 6 Page 59 of 133 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on October 1 l Draft Minutes of the October t5, 2009 meeting of Committee of Adjustment. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None declared. 4. ADOPTION OF MINUTES a) Minutes of the meeting held on September 17, 2009. Motion No. CA091015-02 Moved by Aiken, Seconded by Potter It is recommended that the Committee of Adjustment minutes of the meeting held on September 17, 2009 be adopted as printed and circulated. Carried. Page 2 of 6 Page 60 of 133 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on October 1 Draft) Minutes of the October 15, 2009 meeting of Committee of Adjustment. 5. PUBLIC MEETINGS: a) 2009-B-34, Wayne Ross 4917 Line 4 North, West Part of Lot 11, Concession 5 (Medonte) Boundary Adjustment Gary and Wayne Wilson, applicants, were present. Motion No. CA091015-03 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to Consent application 2009-B-34 being to permit a lot addition/boundary adjustment. The subject land is municipally known as 4917 Line 4 North, and also has a frontage of approximately 21 metres on Mount St Louis Road West, with a depth of approximately 85 metres and an area of approximately 0.18 hectares. The subject lands are proposed to be added to the adjacent lands to the east (730 Mount St. Louis Road West). No new building lot is proposed to be created as a result of the lot addition. Subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the severed lands be merged in title with 730 Mount St. Louis Road West and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 3 of 6 Page 61 of 133 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on October 1 DraffJ Minutes of the October 15, 2009 meeting of Committee of Adjustment. b) 2009-B-35, Alice, Barry and Susan Cockburn 389 Horseshoe Valley Road East, North Part of Lot 1, Concession 9 (Oro) Boundary Adjustment. Alice Cockburn, applicant, was present. Motion No. CA091015-04 Moved by Webster, Seconded by Chappell That the Committee of Adjustment grants provisional approval to Consent application 2009-B-35 being to permit a lot addition/boundary adjustment. The subject land is municipally known as 389 Horseshoe Valley Road East, having a frontage of approximately 4.8 metres on Horseshoe Valley Road East, a depth of approximately 140 metres and an area of approximately 0.05 hectares. The subject lands are proposed to be added to the adjacent lands to the west (351 Horseshoe Valley Road East). No new building lot is proposed to be created as a result of the lot addition. Subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the severed lands be merged in title with 351 Horseshoe Valley Road East and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 4 of 6 Page 62 of 133 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on October 1 ( Draff Minutes of the October 15, 2009 meeting of Committee of Adjustment. c) 2009-A-25, Fercan Developments Inc. 2921 Highway 11, Part Lot 21, Concession 7 (Oro) Variance for Relief from the Definition of "Custom Workshop". Ray Duhamel, agent, and Bruce Bateman, pending purchaser, were present. Don Atkinson, current tenant within the subject building, questioned the management of fumes. Motion No. CA091015-05 Moved by Potter, Seconded by Aiken That the Committee of Adjustment approve Variance application 2009-A-25 for Fercan Development Inc, for relief from the definition of "Custom Workshop" found in Zoning By-law 97-95, in order to operate the establishment of a woodworking and furniture manufacturing use. The business also proposes to have a retail component. Subject to the following condition: 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. And that the manufacturing area be limited to approximately 10,000 square feet (929 square metres). Carried. Page 5of6 Page 63 of 133 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on October 1 [Draft] Minutes of the October 15, 2009 meeting of Committee of Adjustment. 6. NEW BUSINESS: a) Correspondence dated October 13, 2009 from Harold and Linda Roe, re: Variance Application 2009-A-08. Motion No. CA091015-06 Moved by Aiken, Seconded by Webster It is recommended that the correspondence dated October 13, 2009 from Harold and Linda Roe, re: Variance Application 2009-A-08 be received. Carried. b) Cancellation of December 17, 2009 meeting. Motion No. CA091015-07 Moved by Webster, Seconded by Chappell It is recommended that the Committee of Adjustment cancels the December 17, 2009 meeting. Carried. 7. NEXT MEETING DATE November 19, 2009. 8. ADJOURNMENT a) Motion for Adjournment. Motion No. CA091015-08 Moved by Chappell, Seconded by Aiken It is recommended that we do now adjourn at 11:10 a.m. Carried. Steven Farquharson, Secretary Treasurer Michelle Lynch, Chair Page 6 of 6 Page 64 of 133 Agenda Item # 12c) - Minutes of Oro-Medonte Environmental Group Advisors meeting TOWNSHIP OF ORO-MEDONTE ORO-MEDONTE ENVIRONMENTAL GROUP ADVISORS MINUTES Township of Council Chambers Proud Heritage, Exciting Future Thursday, September 17, 2009 7:35 p.m. A diaital recordina of the meetina is available. Present: Mayor H.S. Hughes Councillor Mel Coutanche, Co-Chair Councillor Sandy Agnew, Co-Chair Robert Barlow, John Bosomworth, Meryl Drake, David Edwards, Josephine Martensson- Hemsted, Andy McNiven, Gerry Murphy, Doug Shelswell, Mike Vandergeest, Kim Wand Regrets: Councillor Terry Allison, Co-Chair Steve Cromwell, Ruth Fountain, Allan Johnson, Wilf McMechan, David Kennedy, Jim Purnell Staff Present: Marie Brissette, Committee Coordinator OPENING OF THE MEETING Councillor Coutanche assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt agenda. Motion No. OMEGA090917-01 Moved by Mike Vandergeest, Seconded by Andy McNiven It is recommended that the agenda for the meeting of Thursday, September 17, 2009 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None declared. Page 1 of 5 Page 65 of 133 Agenda Item # 12c) - Minutes of Oro-Medonte Environmental Group Advisors meeting Minutes of the OMEGA meeting held on September 17, 2009. 4. MINUTES OF PREVIOUS MEETING: a) Motion to adopt minutes of previous meeting. Motion No. OMEGA090917-02 Moved by Meryl Drake, Seconded by Doug Shelswell It is recommended that the minutes of the meeting held on Thursday, June 18, 2009 be adopted as printed and circulated. Carried. 5. PRESENTATIONS: None. 6. ITEMS FROM PREVIOUS MEETING: None. 7. WORKING GROUP UPDATES: a) Oro Moraine i) Update for Report Card / NVCA and LSRCA Input. Motion No. OMEGA090917-03 Moved by Bob Barlow, Seconded by John Bosomworth It is recommended that the verbal update from the Oro-Moraine Working Group, re: Update for Report Card / NVCA and LSRCA Input be received. Carried. b) Growth Issues i) Input into Township Official Plan Process. Motion No. OMEGA090917-04 Moved by John Bosomworth, Seconded by Gerry Murphy It is recommended that the verbal update from the Growth Issues Working Group, re: Input into Township Official Plan Process be received. Carried. c) Habitat None. Page 2 of 5 Page 66 of 133 Agenda Item # 12c) - Minutes of Oro-Medonte Environmental Group Advisors meeting Minutes of the OMEGA meeting held on September 17, 2009. d) Water Quality / Lake Management i) Stormwater Management Opportunities. ii) Nomination of the OMEGA Water Quality / Lake Management Working Group for the Lake Simcoe Region Conservation Authority Education Award for the Protecting Your Water & Shoreline Property brochure. Motion No. OMEGA090917-05 Moved by Josephine Martensson-Hemsted, Seconded by Gerry Murphy It is recommended that the verbal update from the Water Quality / Lake Management Working Group, re: Stormwater Management Opportunities be received. Carried. Motion No. OMEGA090917-06 Moved by Bob Barlow, Seconded by John Bosomworth It is recommended that the verbal update from the Water Quality / Lake Management Working Group, re: Nomination of the OMEGA Water Quality / Lake Management Working Group for the Lake Simcoe Region Conservation Authority Education Award for the Protecting Your Water & Shoreline Property brochure be received. Carried. e) Sustainable Agriculture None. 8. COMMUNICATIONS: a) Mayor H.S. Hughes, correspondence dated June 1, 2009 from City of Woodstock, re: Mayor's Conservation Challenge. The Co-Chairs were asked to send a letter to the City of Woodstock requesting that any future correspondence regarding this event be sent out earlier in the year in order to allow for the information to reach the members in a more timely fashion. Motion No. OMEGA090917-07 Moved by Kim Wand, Seconded by John Bosomworth It is recommended that the correspondence dated June 1, 2009 from City of Woodstock, re: Mayor's Conservation Challenge be received. Carried. Page 3 of 5 Page 67 of 133 Agenda Item # 12c) - Minutes of Oro-Medonte Environmental Group Advisors meeting Minutes of the OMEGA meeting held on September 17, 2009. b) Correspondence dated August 13, 2009 from Keith Sherman, Coordinator, Severn Sound Environmental Association, re: Tree Distribution Program 2010. Motion No. OMEGA090917-08 Moved by Meryl Drake, Seconded by Kim Wand It is recommended that the correspondence dated August 13, 2009 from Keith Sherman, Coordinator, Severn Sound Environmental Association, re: Tree Distribution Program 2010 be received. Carried. c) Attendance / representation at the Annual Provincial Environmental Advisory Committee Symposium - date to be determined (held in Oshawa in 2008). Motion No. OMEGA090917-09 Moved by Josephine Martensson-Hemsted, Seconded by Doug Shelswell It is recommended that the verbal update from Councillor Coutanche, re: Attendance / representation at the Annual Provincial Environmental Advisory Committee Symposium - date to be determined (held in Oshawa in 2008) be received. Carried. 9. OTHER BUSINESS / QUESTIONS a) Issues / opportunities from Council i) Local Food Procurement and Zero Waste. Motion No. OMEGA090917-10 Moved by Andy McNiven, Seconded by Mike Vandergeest It is recommended that the verbal update from Councillor Agnew, re: Issues / opportunities from Council i) Local Food Procurement and Zero Waste, be received. Carried. Page 4 of 5 Page 68 of 133 Agenda Item # 12c) - Minutes of Oro-Medonte Environmental Group Advisors meeting Minutes of the OMEGA meeting held on September 17, 2009. b) 2010 Initiatives. Suggestions to be brought forward by the members at the next meeting. c) Review of Issues and Opportunities. The members noted that some items of interest were now redundant due to Provincial Legislation and Simcoe County initiatives having come into force. Motion No. OMEGA090917-11 Moved by John Bosomworth, Seconded by Gerry Murphy It is recommended that the Review of Issues and Opportunities be received. Carried. 10. NEXT MEETING DATE Thursday, November 19, 2009 at 7:00 p.m. 11. ADJOURNMENT a) Motion to adjourn. Motion No. OMEGA090917-12 Moved by Mike Vandergeest, Seconded by John Bosomworth It is recommended that we do now adjourn at 9:03 p.m. Carried. Councillor Mel Coutanche, Co-Chair Councillor Sandy Agnew, Co-Chair Absent Councillor Terry Allison, Co-Chair Marie Brissette, Committee Coordinator Page 5 of 5 Page 69 of 133 Agenda Item # 13a) - Minutes of Nottawasaga Valley Conservation Authority meeting... NOTTAWASAGA VALLEY CONSERVATION AUTHORITY BOARD OF DIRECTORS MEETING 08/09 Friday September 11, 2009 MINUTES Location:Tiffin Centre for Conservation - John L. Jose Environmental Learning Centre PRESENT: Chair: Walter Benotto Vice Chair: Joan Sutherland I MEMBERS: Mary Brett Orville Brown Rhonda Campbell Moon Chris Carrier Mel Coutanche Reg Cowan Terry Dowdall Tom Elliott Sonny Foley Ralph Hough Garry Matthews John McKean Fred Nix I Cal Patterson I Gerald Poisson I Ron Simpson Bill Van Berkel Robert Walker I Barry Ward I Percy Way -REGRETS: Rick Archdekin Ron Henderson Rick Milne Gord Montgomery Brian Mullin Town of Shelburne Town of New Tecumseth Township of Adjala-Tosorontio Township of Clearview Township of Mulmur (attended for Gord Montgomery) Town of Collinqwood Township of Oro-Medonte Township of Sprinqwater Township of Essa Township of Sprinqwater Town of Collinqwood Township of Oro-Medonte Township of Melancthon Town of the Blue Mountains Town of Mono Town of Wasaqa Beach City of Barrie Town of Bradford West Gwillimbury Town of Innisfil Township of Clearview City of Barrie Township of Amaranth Town of Wasaqa Beach Township of Essa Town of New Tecumseth Town of Mulmur (sent replacement R. Campbell Moon) Municipality of the Grey Highlands GUEST Don Pearson, Chair Conservation Ontario STAFF PRESENT: CAO/Secretary-Treasure r Manager of Administration and Human Resources Communications/Public Relations Assistant Director of Land Operations & Stewardship Services Manager of Stewardship Services Director of Planning Director of Engineering and Technical Services Water Resource Technologist Wayne Wilson Susan Richards Kim Garraway Byron Wesson Fred Dobbs Chris Hibberd Glenn Switzer Brian Smith Page 70 of 133 Agenda Item # 13a) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS MINUTES MEETING No: 08-09 11 September, 2009 Page 2 of 6 RECORDER: Laurie Barron, Executive Assistant Page 71 of 133 Agenda Item # 13a) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS MINUTES MEETING No: 08-09 11 September, 2009 Page 3 of 6 CALL TO ORDER Chair Walter Benotto called the meeting to order at 9:05 a.m. 1. MOTION TO ADOPT AGENDA RES#1 MOVED BY: Reg Cowan SECONDED BY: Fred Nix RESOLVED THAT: The Agenda for Board of Directors Meeting #07/09 dated 28 August 2009, be adopted. Carried; 2. PECUNIARY INTEREST DECLARATION None declared MINUTES 3.1 Minutes of the Board of Directors Meeting 07/09, dated 28 August, 2009. RES#2 MOVED BY: Reg Cowan SECONDED BY: Fred Nix RESOLVED THAT: The Minutes of the Board of Directors Meeting 07/09 dated 28 August, 2009 be approved as amended. Carried; 3.2 Draft Minutes of the Executive Committee Meeting 10/09, dated 28 August, 2009. RES#3 MOVED BY: Reg Cowan SECONDED BY: Fred Nix RESOLVED THAT: The Draft Minutes of the Executive Committee Meeting 10/09 dated 28 August, 2009 be received as amended. Carried; 4. BUSINESS ARISING FROM MINUTES None noted STAFF REPORTS 5. REPORT OF THE WATER RESOURCE TECHNOLOGIST AND THE DIRECTOR OF ENGINEERING Staff received oral direction from the Board of Directors to amend the table contained in the report to two columns, column one to be entitled Recommendations and column two entitled NVCA Status 5.1 Ontario Low Water Response Policy Revision RES#4 MOVED BY: Reg Cowan SECONDED BY: Fred Nix WHEREAS: The Ministry of Natural Resources (MNR) has released a draft policy revision for the Ontario Low Water Response program on the Environmental Bulletin Board; and, WHEREAS: The Ministry of Natural Resources is planning to conduct a complete policy review on Ontario Low Water Response in late fall 2009; therefore, Page 72 of 133 Agenda Item # 13a) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS MINUTES MEETING No: 08-09 11 September, 2009 Page 4 of 6 BE IT RESOLVED THAT: Staff support continued improvements to the Ontario Low Water Response program; and, THAT: The NVCA Board of Directors request the Province to seriously consider implementing the 19 recommendations of the NVCA Innisfil Creek Low Water Pilot Project in the scheduled full policy review, including changes to the declaration of a level three drought condition to a two phased approach as follows: (a) the Local Conservation Authority and MNR confirm the Level 3 technical drought conditions; and, (b) the Low Water Response team provides recommendations regarding water conservation actions to the Provincial Low Water Committee for provincially directed Level 3 restrictions/actions. Carried; 6. REPORT OF THE DIRECTOR OF PLANNING 6.1 Simcoe Area: A Strategic Vision of Growth RES#5 MOVED BY: Reg Cowan SECONDED BY: Fred Nix RESOLVED THAT: That the Simcoe Area: A Strategic Vision for Growth staff report dated September 11/09 be received; and, THAT: The Board of Directors endorse staffs comments contained in the correspondence sent to the Ministry of Energy and Infrastructure, Assistant Deputy Minister dated September 1, 2009. Carried; REPORT OF THE MANAGER OF ADMINISTRATION AND HUMAN RESOURCES AND THE COMMUNICATIONS/PR ASSISTANT 7.1 Communications Report - August 2009 RES#6 MOVED BY: Ralph Hough SECONDED BY: Mel Coutanche RESOLVED THAT: The Communications report for the month of August, 2009 be received. Carried; 8. REPORT OF THE CAO/SECRETARY-TREASURER 8.1 Review of the Township of Essa's motion, at their Council meeting of September 2, 2009, to dissolve the NVCA. RES#7 MOVED BY: Chris Carrier SECONDED BY: Sonny Foley. WHEREAS: Mayor David Guergis, Township of Essa brought forward a motion to dissolve the NVCA at the September 2/09 Essa Council meeting; and WHEREAS: Council deferred the motion requesting Essa staff provide the September 16/09 Council meeting with background information; therefore, Page 73 of 133 Agenda Item # 13a) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS MINUTES MEETING No: 08-09 11 September, 2009 Page 5 of 6 BE IT RESOLVED: The NVCA Board of Directors support Chair Walter Benotto and Wayne Wilson, CAO/Secretary-Treasurer attending the September 16/09 Essa Council meeting to provide relevant background information regarding this matter. Carried; NEW BUSINESS 9.1 Oro-Medonte's request to reduce Conservation Authority jurisdiction update. Wayne Wilson, CAO/Secretary-Treasurer provided an oral update regarding the meeting he attended on September 10/09 with staff at the Township of Oro Medonte and Severn Sound Environmental Association. A draft report will be presented at the October 9/09 Board of Directors meeting outlining what options have been considered with respect to Oro-Medonte's request to reduce Conservation Authority jurisdiction. Past Chair Fred Nix requested a copy of the meeting notes from the July 21/09 meeting with NVCA, Oro-Medonte and Severn Sound Environmental Association. Wayne Wilson, CAO/Secretary-Treasurer advised that the notes from that meeting would be included in the September 25109 Executive agenda under correspondence. 9.2 Update on Conservation Authorities Liaison Committee (CALC) regarding a review of current CA planning permitting policies and procedures. Don Pearson, Chair of Conservation Ontario provided an oral update on the status of the CALC report. Don advised the Ministry of Natural Resources is reviewing the document and that the Minister of Natural Resources had indicated that a committee may be reestablished in September, although at the time of this update a date had not been determined. In the interim the current CA planning mandates will be enforced. 10. CORRESPONDENCE (a) Friends of Utopia Gristmill dated August 17, 2009 re: August 2009 Newsletter (b) Conservation Ontario dated August 31, 2009 re: Ontario Drinking Water Stewardship Program early response concept paper. RES#8 MOVED BY: Robert Walker SECONDED BY: Orville Brown RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; FUTURE MEETINGS NVSPA MEETING - September 11, 2009 - 12:30 p.m. EXECUTIVE MEETING -September 25, 2009 BOARD OF DIRECTORS - October 9, 2009 UPCOMING EVENTS NVCA EVENING OF THANK (save this date) Tuesday, November 3109 - 7:00 p.m. - John L. Jose Building Page 74 of 133 Agenda Item # 13a) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS MINUTES MEETING No: 08-09 11 September, 2009 Page 6 of 6 ADJOURN TO ADVISORY COMMITTEES RES.#9 MOVED BY: Orville Brown SECONDED BY: Robert Walker RESOLVED THAT: This meeting adjourn at 9:54 a.m. to meet again at the call of the Chair. Carried; Walter Benotto, N.V.C.A. Chair Wayne R. Wilson, CAO/Secretary-Treasurer Dated this day of 2009 Followina the meetina of the Advisorv Committees - 11:30 a.m. OFFICIAL OPENING OF THE `NEEVA GAYLE HIX GREENWAY' The covered boardwalk at Tiffin has been completed as a result of the generous donation received from John & Neeva Gayle Hix. Chair Benotto and the Board of Directors, along with NVCA staff and guests of John and Neeva Gayle Hix acknowledged the Hix's contribution with a grand opening celebration and unveiling of the "NEEVA GAYLE HIX GREEN WAY' plaque. Page 75 of 133 Agenda Item # 13b) - Correspondence from Virginia Hackson, Chair, Gayle Wood, CAO... October 81h, 2009 Tel: 905.895.1281 1.800.465.0437 Fax: 905.853.5881 Mayor Harry Hughes & Members of Council F,Mail: nfb@Jsrca.on..ca Township of Oro-Medonte Web: www.1srca.on.ca Box 100 120 sayviewParkway (off #11 on Line 7-#148) Box 282 Oro, ON LOL 2X0 Newmarket, Ontario QY 4X1 A Watershed For Life Dear Mayor Hughes & Members of Council RECEIVED OCT 19 2009 ORO-MEDONTE TOWNSHIP It is with great honour and pride that we write to you today to share with you some very exciting news! On September 22"d, 2009, the Lake Simcoe Region Conservation Authority was announced as the recipient of the much esteemed 2009 International Thiess Riverprize award. The International Riverprize, now in its 11th year, is the most highly regarded and valued river management award in the world. This prize is awarded to organizations that are engaged in the very best practices in watershed management. Only one other Canadian organization has won the Riverprize in its 11 year history. We, at the Lake Simcoe Region Conservation Authority, are very proud of the achievements this award recognizes, achievements that could not have been realized without the continued support from all of our partners. While our work is far from done, we wish to take this opportunity to thank you and your municipality for the support given to the Authority over the years. This success is so much more meaningful when it is shared with those that have played a pivotal role in our achievements. We will continue in our efforts to restore and protect the Lake Simcoe Watershed and we know we will benefit from your continued support! Sincerely, - 7~ Virginia H~fcson $ D. Gayle Wood, CMM III Chair Chief Administrative Officer Page 76 of 133 Agenda Item # 14a) - Correspondence dated October 19, 2009 from James Waterhouse,... Kids for Turtles z - ErMronmental Educatim Ridsforturtles com P.O. Box 2497 450 Athcrley Road Orillia, ON L3V 7A3 Monday, October 19~, 2009 ORO TOWNSHIP CLERK TREASURER BOX 100 ORO ON LOL 2X0 RE: Bluffs Creek Stream Assessment and Rehabilitation Program Dear Sir/Madam: Y' .rte _ D OCT 2 2 7000 `st,AN7 NllSHiP The purpose of this letter is to request your participation in an exciting new partnership initiative spearheaded by Kids for Turtles Environmental Education and North Simcoe Stewardship. In 2008 KPTEE received funding through Environment Canada's Lake Simcoe Clean-up Fund to complete the Bluff's Creek Water Quality Improvement Plan targeting the area east of Highway 11 to the lake. Thanks to funding secured in the spring of 2009 KPTEE now has the opportunity to build on this effort by completing a similar plan for the remainder of the watershed west of Highway 11 to the headwaters of the creek. According to our records your property located at CON 14 PT LOT 17;RP 51R13567 PT OF PART 6 falls within the area of undertaking for this project. With that we request your permission to access the property to assess habitat conditions and identify priorities for remedial action projects in the development of our plan. This site visit will take a maximum of two hours and you will be notified in advance of entry. As another part of this project KFTEE is interested in providing you with an opportunity to access support and funding to undertake environmental projects on your property. We are hosting a workshop for Bluffs Creek residents on Tuesday, November 17th from 6:30 - 9:00 pm at the Brian Orser Arena - Tom Brandel Room in Orillia (see attached map) and hope that you can participate. You will have an opportunity to meet experts in the field and hear presentations on the Lake Simcoe Community Stewardship Program as well as other initiatives targeting both non-farm and agricultural landowners within the watershed. We appreciate any assistance you are able to offer us in meeting our objectives. If you would like to participate in our program kindly RSVP to James Waterhouse at Kids for Turtles Environmental Education at 705.325.5386 or via email at infoakidsforturtles.com. The attached background document will provide you with more information relevant to our program and we would be happy to answer any questions that you may have. Yours truly, James Waterhouse Kids for Turtles Environmental Education North Simcoe 41 S.19,Stewardship Page 77 of 133 Agenda Item # 14a) - Correspondence dated October 19, 2009 from James Waterhouse,... Kids For Turtles North Simcoe Environmental Education Stewardship kid sforturtles.c-.. BLUFF'S CREEK STREAM ASSESSMENT AND REHABILITATION PROGRAM Kids For Turtles Environmental Education Kids For Turtles Environmental Education is a charitable organization dedicated to increasing public awareness relevant to environmental issues and habitat conservation by providing a forum for community engagement in outreach and stewardship initiatives. The group provides an opportunity for young people and their families to interact with nature in a positive learning environment that endorses a healthy active lifestyle. North Simcoe Stewardship North Simcoe Stewardship is an active group sharing a strong commitment to the Ministry of Natural Resources' Ontario Stewardship Program. The role of the Stewardship Council is to provide a non-partisan forum to recognize and influence community involvement in responsible land and resource stewardship. The Stewardship Council achieves its objectives by coordinating a broad range of community projects and programs and forging partnerships with organizations within its network in support of common efforts. Bluff's Creek Bluff's Creek is a coldwater stream within the Lake Simcoe Watershed that originates in the Oro- Moraine in the Township of Oro Medonte and extends into the City of Orillia where it drains into the lake at Shingle Bay. The watercourse flows through approximately 14 km of predominantly agricultural land interspersed with wooded areas and a complex of wetland habitats. The coldwater fishery in Bluff's Creek supports a diversity of species including, among others, brook trout and rainbow trout. Bluff's Creek Stream Assessment and Rehabilitation Program In 2008 KFT received funding through Environment Canada's Lake Simcoe Clean-up Fund to complete the Phase 1: Bluff's Creek Water Quality Improvement Plan targeting the area east of Highway 11 to the lake. The purpose of this plan was to assess habitat conditions and identify priorities for remedial action with the overall intent being to decrease phosphorous levels and improve water quality and habitat conditions within the system. This project was jointly administered by Kids for Turtles Environmental Education and North Simcoe Stewardship in partnership with Ontario Streams, the Township of Oro-Medonte, the Ministry of Natural Resources, the Lake Simcoe Region Conservation Authority, and the Ontario Federation of Anglers and Hunters Community Stream Steward Program. Since completing the plan an implementation team involving several community partners has been formed to address key priorities in partnership with Bluff's Creek landowners. By the end of 2010 a total of five remedial action projects will have Page 78 of 133 Agenda Item # 14a) - Correspondence dated October 19, 2009 from James Waterhouse,... been implemented on three private properties at virtually no cost to the landowners. Priority activities include pond de-commissioning, culvert enhancement, erosion control measures, and in- stream and riparian habitat enhancements. In an effort to build on the accomplishments of the Phase 1 study KFTEE submitted another successful proposal to the Lake Simcoe Clean-up Fund in early 2009 to secure the resources necessary to complete a water quality improvement plan for the remainder of the Bluff's Creek Watershed. The Phase 2 assessment effort will target the area west of Highway 11 to the headwaters of the creek. Additional remedial action priorities and project opportunities will be identified through this process. Funding Opportunities Bluff's Creek has been designated as a sub-watershed pilot project under the Lake Simcoe Community Stewardship Program. As a result of this designation specialized funding is available to support environmental projects on both rural non-farm and agricultural properties. Above and beyond the specialized pilot project funding rural non-farm landowners can access up to $1,500.00 in incentives through the Lake Simcoe Community Stewardship Program. Agricultural landowners are eligible for additional funding through an enhanced Environmental Farm Plan Program for the Lake Simcoe Watershed. All landowners are also eligible for funding opportunities through other partners involved in the Bluff's Creek initiative. If you are interested in learning more about the Bluff's Creek Stream Assessment and Rehabilitation Program and associated funding opportunities sign up for the workshop. Page 79 of 133 Agenda Item # 14a) - Correspondence dated October 19, 2009 from James Waterhouse,... 433 Gill St, Orillia, ON Canada - Google Maps G . S( MapS Address 433 Gill St Orillia, ON p5herley 1 > Akier ey T co sue`-,5i• °a=. L``'~'' `rv +~m~, " . - . 12 , `n,~: i 4 _ ~2 w - 1.?--r ~~~5 1. a~- 41 f ~ '`u= yes.::;: i.-s'.-~~.< - -~'t...~.-_- - _ .r~~D.ady:. ..r~^• -SB-~. =-.E... ~yt_o•o'., b.~,k".`=~=•.y~.::.',~i&.",r e.,t. '~:,y.>,;: ~i i.. "s 3eb :..a - 'n`~; „~Y%riw ,~1•~'> ~:J - - - - - - - i': - - - - e~. ~-'.q - - - --.'6.m <:s - -;?ELI', - ~,~:a'~- d'=~•. - - - - - - ".'a. - -.'i:`~ - can.; , - 4-1 v 3,.., K~:.:~~•• ":.e~i:'- •.~u,b~':.°`- "'~2~1'. ~`ata ' 009434~0 "T~t8dR5 Page 1 of 1 http://maps. google.ca/maps?hl=en&q=433+Gill+St,+Orillia,+ON+Canada&ie=UTF 8&hq=&hnear=433+... 20/10/2009 Page 80 of 133 Agenda Item # 14b) - Correspondence received October 23, 2009 from Monty Childs, HORSESHOE VALLEY September 17, 2009 Dear Oro Medonte Council, RECEIVED* OCT 2 3 2009 ORO-MEDONTE - TOWNSHIP I would like to take this opportunity to address the concerns presented to Council on October 212009, and ask Council to consider the following in the course of their decision regarding the future of Horseshoe Valley Paintball and the Zoning of the property. Although, we are in agreement that at sometime in the future re-zoning of the property would likely be beneficial to both the community, and Horseshoe Valley Paintball; it is our view that due to the late start in the season, the recent launch of the park, and the financial return it has initially returned that a demand to re-zone the property be stayed until such times as was originally agreed that Horseshoe has grown to the extent it requires this and can financially take on that responsibility. In the report tabled to Council on October 21St 2009 it was noted that Horseshoe Valley Paintball is in violation of the site plan. However, until we received the report on October the 20th from Mel Coutanche we were not aware of these claims, nor were we aware we were in violation of the site plan. As discussed with Council members and with the Township Development Department, we stated that if at any time it was deemed we were in fact breaking a bylaw that we would be glad to work with the Township and rectify the issue. It is our intent to provide a recreational venue for the community for all to enjoy, and with the feedback we have received from many in the community, Horseshoe is a wonderful park where youth, birthday parties, groups , and families love to come for the team oriented recreation paintball provides. All of those who have come wish us the very best, and hope the park can grow. However, like any business, it will take time. We recognize there are a few in our community who oppose the park, but there are many hundreds who believe it is a wonderful park, are glad to have it in our community, and believe it long overdue. Regarding the claims; it is our view that not all the claims are valid and require discussion with the planning department prior to proceeding with a demand to re-zone. Also, we fail to see the connection between these claims and the requirement to have the property re-zoned. Our interpretation is that Bylaw compliance is not a zoning issue, and that if a bylaw is being broken action to rectify the issue is required. We are certain there have been many infractions of Bylaws over the years, but that compliance was required, not a re-zoning of property. Page 81 of 133 Agenda Item # 14b) - Correspondence received October 23, 2009 from Monty Childs, HORSESHOE VALLEY Specifically, the following requires consideration in the Report DS 2009-065 The Corooration Documents not submitted: The incorporation of Horseshoe Valley Paintball was done subsequent to the agreement, and for financial, and liability reasons, not to escape any responsibility toward Oro Medonte, we will submit these to the Township Office. Please note that ownership will be changed over the next few months to reflect a split between Josh, Paul and myself; all family members, but at this time Paul and Josh are the two primary shareholders OR owners. Reizardin¢ speedball: The speedball field is used as a warm up area prior to going out to the other fields and is used in the same fashion as the other fields and like the other fields we did not submit the fields names nor each fields specific location or the type of paintball game to be played on each field in the park at the time of the site plan application. This was not a requirement at the time; only the general area where the park will be situated. It should be noted that we did submit the stable, and parking areas as areas to be used in the same correspondence we submitted with the "map" or site plan drawing but did not draw on the map were each particular field within the total area would be placed. The correspondence we received from the Planning Department indicated they would produce the final site plan map with all these things shown. It appears this is a minor oversight on behalf of both parties. Should an amendment or correction to the drawing be required, due to the recent report, we would be glad to work with the planning department toward compliance. Reizardine the motor(less) vehicles: It should be noted that these vehicles were purposely prepared by the removal of engines, transmissions, and fuel tanks for the park as an essential element in the park, and that conversations with the Planning Department had been discussed and the Planning Department knew we would put these obstacles in the park as an essential element of the theme, and serve an important purpose toward that end. These vehicles are insured and finance capital was obtained through a Commercial Financial institution, backed by the Federal Stimulus package and recognized as an important element in the theme of the park. We ask that Council consider this, and determine an amendment to the site plan. These props are not "Junkers" laying in our yard, or in our driveway, they serve a valuable and important aspect to the park. Emolovees: It was mentioned in the report that I stated we have 3-4 part time employees in a previous meeting. As I was not prepared to answer the question at the time, I stated I was not certain in that previous meeting. To clarify; the number of part time employees is 2. According to the agreement we are allowed 1 full time employee, and 3 part time employees. We have no full time employees. We are in compliance with the bylaw. Page 82 of 133 Agenda Item # 14b) - Correspondence received October 23, 2009 from Monty Childs, HORSESHOE VALLEY The Front Shen: It appears there may be a misunderstanding, as we did obtain all of the permits required to have a sign, and we are not certain what this is referring to, unless it requires and update to the Site Plan drawing to reflect the approval we received from the Township. If this is the case we would be glad to comply. Parkine: Again, as discussed on previous occasions, if extra parking was required, it could be placed on the corn field. If an amendment to the bylaw or an update to the site plan drawing is required to provide for parking in this area we would be glad to comply. Summarv: It is our view that all of the above mentioned items can be easily resolved by discussion and updating the current site plan without re-zoning the property. However, if it is Council's decision to require a re-zoning, we will comply with their request, but ask that we be allowed to continue our business while we work through the re-zoning, and all that pertains to such a change, as this would put a heavy financial burden on us at a time when the park has just opened. It should be noted that we are aware of large commercial operations much bigger than Horseshoe Valley Paintball. They have many full and part time employees and have been conducting their commercial business in the Township of Oro Medonte for many years. They have not applied for any re- zoning, nor do they have permits to conduct these operations on the land they own, according to the bylaw governing Home businesses. Some of these families have been in the area for many generations, and it is not our intent to cause any consternation regarding this, but only to make note of this for the record and look toward a fair and reasonable evaluation of our situation. We hope that those in our community who oppose the park understand that Horseshoe Valley Paintball is not an "amusement" park. Horseshoe Valley Paintball is a Sports, and Recreational park which young and older people from our community come, and participate in the fastest growing sport in the world. Our Police recommend it for youth, as it gets them out participating in organized teams and gets them off of the streets. Parents love it because their kids are not sitting in front of the TV playing video games. It demands good athletic abilities, but only demands as much as they want to give. It is one of the only sports where parents and kids can play together and enjoyed by ages from 10 years and up by over 7 million people in North America alone. Page 83 of 133 Agenda Item # 14b) - Correspondence received October 23, 2009 from Monty Childs, HORSESHOE VALLEY Paintball is good for the environment as the paint is organic and eatable. Running a premier paintball park demands good property maintenance and management. Horseshoe has and will continue to provide jobs for young people, economic opportunities to local businesses, and local contractors. Horseshoe Valley Paintball is in its infancy; we have been open for only 7 weeks, and although there has been much media coverage, the revenue reflects a small start up operation. We are confident it will grow, but unless the numbers improve significantly, it will not grow much beyond its current size. Please take all of these things into consideration during your deliberation concerning our future. A vote to stop operations will mean bankruptcy both personally and for the company. Best Regards, Monty Childs Page 84 of 133 Agenda Item # 14c) - Correspondence dated October 26, 2009 from Roger Graham, Mik... From: Roger Graham, Mike Armstrong, Eva Young, Cindy Armstrong, and Martha Ziegler Attn: Doug Irwin, Clerk, Oro-Medonte To: Mayor Harry Hughes, Members: Oro-Medonte Council RECEIVED Date: October 26, 2009 OCT 2.6 2009 ORO-MEDONTE TOWNSHIP We, as neighbouring residents of the controversial "Horseshoe Valley Paintball" facility existing on the 7th Line in Oro-Medonte, formally register our opposition to this site. As indicated by the contraventions cited in Andria Leigh's recent report as well as those raised by local residents, the proposed site is clearly not a 'home business' but a commercial venture in every respect, and therefore should be treated as such. We also feel that this business, described as a recreational park by the owners, is military in appearance, offering military- type activity 12 hours daily / 7 days a week and therefore is not in keeping with several existing zoning restrictions or the nature of the surrounding homes or properties. We agree with and support the recommendation that it needs to be shut down and urge council to do so as quickly as possible. It is much easier to correct a known problem now, when it is still in its infancy, than it will be later, as was shown with the Willy's Acres precedent. Sincerely, for: Roger Graham, Mike Armstrong, Eva Young, Cindy Armstrong, Martha Ziegler Page 85 of 133 Agenda Item # 14d) - Correspondence dated October 27, 2009 from Deane Ewart, re: OEANE EWART-LAWYER Fax:705-325-4195 Oct 27 2009 02:42pm P002/008 Deane Ewart Law Office 69 0--alssaga Street West, Qrillia, ON UV 3,47 P (705) 325-4100, C: 305-3326, P 325-4995 dean®wardaw@bellnet. ca Oct 27, 2009 BY FAX to 487-0133 The Mayor and Members of Council The Township of Oro-Medonte 148 Line 7 South Oro, ON LOL 2XQ re: Horseshoe Valley Paintball business By-law 2009-84, My file 0-395 Your Worship, Members of Council I represent Gerry and Vera van Amelsvoort and others and made a presentation to Council on Sept. 16 regarding the use of the.Childs property and the application of the zoning by-law and the site plan agreement- I have reviewed the Staff Report and the Sept. 17 submission by Monty Childs (received on Oct 23 by the Township). The following is a summary of the position of my clients. 1. My clients support the termination of the site plan agreement 2. The present use clearly contravenes the zoning by-law- I have attached a copy of the "home occupation" provisions of the by-law. As noted in detail on Sept. 16, the by-law establishes the conditions which must be met before a business use qualifies as a home occupation. This use fails the test in many ways and is not a home occupation. 3. It is not possible to circumvent the zoning by-law by way of a site plan agreement. A use not permitted by the by-law may not be allowed in a site plan agreement- This issue was dealt with in detail on Sept 16. The final sentence of the Report is key: alt is further recommended... that an application for a zoning by-law amendment is required.,, to continue the use.-." This clearly recognizes that the use is illegal, 4_ On this basis, the agreement should not have been approved and the use should not have been established by the ownersltenants or sanctioned in any way by the Township. 5. The letter recently submitted by Mr. Childs does not address any of these Issues in a meaningful way- It adds little to the debate other than to state that if the zoning by-law has been violated he would like to be allowed to continue the violation until he is satisfied that the venture will be successful. Surely, this is putting the cart before the horse. He offers to "work with" staff regarding site plan agreement violations - which apparently came as a surprise to him. To plead ignorance of the provisions of the by-law is one thing but to plead ignorance of an agreement which he signed is quite another. To Page 86 of 133 Agenda Item # 14d) - Correspondence dated October 27, 2009 from Deane Ewart, re: DEANE EWART-LAWYER Fax:705-325-4195 Oct 27 2009 02:42pm P003/008 state that there are only 2 part-time employees while apparently (see attached) advertising for 5 on the internet raises suspicion at best- These comments are intended to address the fundamental issue at hand - compliance with the zoning by-law. The concerns of my clients regarding Building Code violations, the sign by-law violation, the compatibility of the use with neighbourhood uses, cars not in working order, the approval process and compliance with the site plan agreement continue. My clients urge Council to terminate the site plan agreement and instruct the property owners that the paint-ball park use should cease- If the use does not cease my clients urge Council to instruct staff to lay the appropriate charges. Yours very truly, Deane Ewart z;.WRAC7ceCUENTSZO9iYANAM.15vO0R7'REPnWr Lf OCT272"40C Page 87 of 133 Agenda Item # 14d) - Correspondence dated October 27, 2009 from Deane Ewart, re: DEANE EWART-LAWYER Fax:705-325-d195 Oct 27 2009 02:42pm P004/008 5.12 SOME OCCUPATIONS Where a home occupation is permitted W a Zone, the horse occupation: a) shall clearly be a secondary use of the lot; b) shall be conducted entirely witl-iin a detached accessory building and/or the main building on the lot; c) shall be condocted by at least one of the residents of a dwelling unit located on the same lot; d) shall. not occupy mote than 35 percent of the gross floor area of the dwelling unit, if the horse occupation is contained in, a dwelling unit in the main building on the lot; e) shall not occupy more than 50 percent of the gross floor area of a detached accessory building in the Residential One (RI), Residential Two (R2), RuraI lResideutial Cite (KMI), Rural Residential (RU12.2), Shoreline Residerxtial (5R) and the Residential Limited Service (M) Zones and 100% of a detached accessary building in the Agricultural/Rural (AlRq .Zone, if the home occupation is contained within a detached accessory. building- f) shall not create noise, vibration, fumes, odour, dust, glare cT radiation which is evident outside the dwelling unit; g) shall not employ more than one employee who is not a resident of the dwelling unit, h) shall not havolve the outdoor storage or outdoor display of materials or fmished products; i) shall not involve the repair or maintenance of motor vehicles; j) shall not consist of an occupation that involves the We of a commodity not produced on the premises, except that telephone or mail order sales of goods is pmTriitted, and, k) shall rrot tequire receipt or delivery of rmembandise, gcxxis or equipment by other than a passenpr motor vehicle or by parcel or letter carrier mail seryice usi motor vehicles typically employed in residential deliveries. Page 88 of 133 Agenda Item # 14d) - Correspondence dated October 27, 2009 from Deane Ewart, re: DEANE EWART-LAWYER Fax:705-325-4195 Oct 27 2009 02:42pm P005/008 Jobs Open Lw ,w.,.. All Horseshoe Valley ocus: Count v, ' Fainthaii Inc. o~nnortunities in South Simcoe County, ON N f h;2 positions for a etailt sal erk (retail Sales Clerk For Paint Ball Company) izx Oro Station, Ontario to start as soon as possible Sorry! This jab in no longer available Terms: This is a seasonal, part time job, which reqires working days and weekends. Salary; will be negotiated and depends on the skills and experience of the applicant. Education: The applicant should have completed high school. Experience: is an asset. Page 89 of 133 Agenda Item # 14d) - Correspondence dated October 27, 2009 from Deane Ewart, re: DEANE EWART-LAWYER Fax:705-325-4195 Oct 27 2009 02:42pm POOE/OOA Work Setting: Specialty shop Type of Experience, Salesperson/clerk Product Experieuce/Knowledge: Sports equipment and clotb ng Specific Skills: Operate cash register, Set up displays of merchandise in windows or display cases, process money, cheque and credit/debit card payment, Providc advice about merchandise, promote and sell memberships, Work with minimal. supervision, Perform minor repairs to products or equipment Security and Safety: Bondable, Criminal record check Transportation/Travel Information: own transportation, Valid driver's licence Essential Skills: Reading text, Document use, Numeracy, Writing, Oral communication, Working with others, Decision making, Job task planning and Organizing, Computer use This job in no longer available The contact information has been retnoved Order Number: 4593719 Post dater 2009-08-25 0 '.1 source HRSDC Page 90 of 133 Agenda Item # 14d) - Correspondence dated October 27, 2009 from Deane Ewart, re: DEANE EWART-LAWYER Fax:705-325-4195 Oct 27 2009 02:42Pm P007/008 Jobs Open Horseshoe Valley ocus. Em-olovment Paintba C. ovoorhmities in South Simcoe County. ON 3 positions for Customer service cashier (paint Ball Referee) in Barrie, Ontario to start as soon as possible R. ' X-. cur Sorry! 'i'bis job '.n no longer available Terim: This is a seasonal, part time job, which. regires working days, evenings, and weekends. Salary: will be negotiated anal depends on the skills and experience of the applicant. Education: The applicant should have completed high school. Experience: is an asset. Page 91 of 133 Agenda Item # 14d) - Correspondence dated October 27, 2009 from Deane Ewart, re: DEANE EWART-LAWYER Fax:705-325-4195 Oct 27 2009 02:42pm P008/008 Work Setting: Retail establishment Specific Skills: Customer service oriented Security and Safety: Bondable Transportation/Travel Information: Own transportation, Valid driver's licence Work Conditions and Physical Capabilities: Fast-paced enviroument, Physically demanding, Combination of sitting, stapiding, walking, Standing for extended periods, Betiding, crouching, kneeling Essential. Skills: Document use, Oral couanunication, Working with others, Decxsion_making, Critical thinking, Continuous learning This job in no longer available The contact infonnation has been removed Order Number- 4588279 Post date: 2009-08-26 source HRSDC Page 92 of 133 Agenda Item # 14e) - Correspondence dated October 27, 2009 from Jane Ball, Gordon... October 27, 2009 RECEIVED OCT 2 7 2009 ORO-MEDONTE TOWNSHIP To: Mayor Harry Hughes and Members of Oro-Medonte Township Council From: Jane Ball, Gordon Ball, Hartley Woodside, Kathy Clarke, Vera Cameron-van Amelsvoort, Gerry van Amelsvoort, Eva Young, Roger Graham, Martha Ziegler Re: Horseshoe Valley Paintball We are writing to indicate our full support to Council as it ratifies the motion made at the Committee of the Whole meeting of October 21 to withdraw the Site Plan Agreement for Horseshoe Valley Paintball. We hope Council will not be swayed by any suggestion that acting on this decision should be postponed or delayed in any way. The operation is simply illegal and should be shut down immediately upon ratification of the bylaw. Should the proponents decide to apply for re-zoning, that is their decision. There need not be any invitation or encouragement from Council in this regard. If they so decide, they invite strong opposition from their community. The unfortunate Willys Acres precedent has taught us all that an illegal business operation, once it becomes established over time, can be difficult to stop. Furthermore, conditions are not enforced. We believe that Monty and Tracey Childs have built a relationship with the Township, and with their neighbours, based on deception. The latest example is their statement in their most recent letter: "The incorporation of Horseshoe Valley Paintball was done subsequent to the agreement." Their date of incorporation was June 17, 2009. The date of the Site Plan Agreement was June 29, 2009. This foundation of deception is not one on which to build trust or agreement. Please hold fast to your Oct. 21 decision. Page 93 of 133 Agenda Item # 18a) - Being a By-Law to Amend By-law No. 2004-028 To Authorize a D... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-131 Being a By-Law to Amend By-law No. 2004-028 To Authorize a Decrease in the Speed Limit on Certain Roads Within the Township of Oro-Medonte WHEREAS the Highway Traffic Act, R.S.O., 1990, Chapter H.8, as amended, Section 128(2), authorizes the Council of a municipality to pass By-laws to prescribe a lower rate of speed for motor vehicles on a highway or portion of highway under its jurisdiction; AND WHEREAS it is deemed necessary and expedient that the speed limit for motor vehicles on certain portions of highways under the jurisdiction of the Township of Oro- Medonte be decreased; AND WHEREAS the Council of The Township of Oro-Medonte did, on the 16th day of June, 2004 enact By-law No. 2004-028 to decrease the speed limit on certain roads within the Township of Oro-Medonte; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT Schedule "C" of By-law No. 2004-028 be amended to add as follows: Name of Highway From To Line 4 North Mount St. Louis Road Southerly 1.1 West kilometers 2. THAT this By-law shall come into force and take effect on its final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF OCTOBER, 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 94 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-141 A By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Evans and Deborah Stone WHEREAS Section 11 of the Municipal Act 2001, S.O. 2001, c. 25, as amended, authorizes the Council of a Municipality to pass a by-law respecting water distribution; AND WHEREAS the Applicants have requested permission from the Municipality to connect to a municipal water system (Robincrest); AND WHEREAS the Municipality is prepared to grant permission to connect to a municipal water system (Robincrest) upon certain terms and conditions; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Water Service Connection Agreement, shown as Schedule "A" attached hereto and forming part of this By- law. 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 28TH DAY OF OCTOBER, 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 95 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement Schedule "A" to By-Law No. 2009-141 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in triplicate, this 28th day of October 2009. BETWEEN: Evans and Deborah Stone Hereinafter referred to as the "Registered Owner" - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter referred to as the "Municipality" A description of the land affected by this Agreement is as follows: 62 Moonstone Road East Conc. 8 W Pt Lot 16 The Municipality has entered into this Agreement on the28 day of October , 2009. The Registered Owner agrees to comply with all the terms and conditions as set out in the Corporation of the Township of Oro-Medonte By-law No. 2009-082 (a By-law to regulate Municipal Water Systems within the Township of Oro-Medonte),asamanded, and Schedule "J"- "Water" of By-law No. 2009-056, as amended, attached hereto. The Registered Owner acknowledges and agrees that all costs to connect to the municipal water system shall be at their cost, including, but not limited to, all labour, material and water meter. The Registered Owner acknowledges and agrees that future repairs or upgrades to the water service line located on private property are the responsibility of the Registered Owner. The Registered Owner acknowledges and agrees that the Township of Oro-Medonte does not guarantee water pressure and that either now or in the future, the Registered Owner may be required to install and maintain equipment to satisfy pressure. fLz Evans and Deborah Stone, Owner THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Harry Hughes, Mayor Doug Irwin, Clerk Page 96 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement THE CORPORATION OFTHETOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-082 Being a By-law to Regulate Municipal Water Systems within The Township of Oro- Medonte and to Repeal By-law No.'s 2003-25 and 2004-024 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass By-laws respecting matters related to water production, treatment, storage and distribution; AND WHEREAS Section 79 of the Municipal Act, 2001, c.25, as amended, provides that if a municipality has the consent of an Owner or occupant to connect a public utility to a part of a building and other parts of the building belonging to different Owners, or are in possession of different occupants, the municipality may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery, and other works necessary to make the connection; AND WHEREAS Section 80 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may, at reasonable times, enter on land to which it supplies a public utility; • To inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply the public utility; • To inspect, install, repair, replace or alter a public utility meter; • To shut off the supply of the public utility and remove any property of the municipality if the customer discontinues the use of a public utility on land, or a municipality lawfully decides to cease supplying the public utility to the land; • To determine whether the public utility has been or is being unlawfully used. AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it desirable and necessary to pass a By-law to regulate the Municipal Water Systems within the Township; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 11 Definitions For the purpose of this By-law: 1.1 "Council" shall mean the Council of The Corporation of the Township of Oro- Medonte. 1.2 "Fire Chief' shall mean the Fire Chief of the Township of Oro-Medonte Fire and Emergency Services Department. 1.3 "Municipal Water Area" shall mean a subdivision or designated area within The Corporation of the Township of Oro-Medonte, serviced by a Municipal Water System. 1.4 "Municipal Water Supply" shall mean the water supplied from a Municipal Water System. 1.5 "Municipal Water Systems" shall include all water works established within the present Township of Oro-Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its pred...:..w„ rs, but shall not include any private waterworks which have not been acquired, established, maintained or operated by the Township or its predecessors. Page 97 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement 1.6 "Owner" shall mean the assessed Owner(s) as identified on the Assessment Roll for Taxation Purposes during the current year, as amended. 1.7 "Person" shall mean an individual human being, his/her personal agent, heir, successors and assigns, and shag include a corporation with or without share capital. 1.8 'Director of Transportation and Environmental Services' shall mean the Director of Transportation and Environmental Services of the Township of Oro-Medonte and/or his designate. 1.9 "Duly Authorized Employee" shall mean any employee authorized by Council. 1.10 "Township" shall mean The Corporation of the Township of Oro-Medonte. 1.11 "Unit" shall mean an assessed or assessable unit within a Residential, Commercial or Industrial building and shall include an apartment located within a single family dwelling, which is serviced by the Township Water System, as permitted under the applicable Zoning By-law. 1.12 "Water Works" means any works for the collection, production, treatment, storage, supply, and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. GENERAL PROVISIONS 2.1 This By-law shall apply to all Municipal Water Systems located within the geographical boundaries of the Township. 2.2 No person shall lay, or cause to be laid, any pipe or main to communicate with any pipe or main of the Municipal Water System, or in any way obtain or use the Municipal Water Supply without consent of the Township. 2.3 Any extensions or connections to a Municipal Water System shall be constructed in accordance with the Township of Oro-Medonte Engineering Standards. 2.4 No person, being an Owner, tenant, occupant or Inmate of any house or building or other place supplied with water from the Municipal Water System, shall improperly waste water or, without the consent of the Director of Transportation and Environmental Services, lend, sell or dispose of water, give water away, permit water to be taken or carried away, use or apply water to the use or benefit of another, or to any use and benefit other than the person's own, or increase the supply of water. This shall include the furnishing of water from one building connected to the Municipal Water System, to another building. 2.5 All pipes, valves, fittings and other equipment between the water main and the street line shall remain the property of the Township. 2.6 The Township does not guarantee the continuous supply, quality, or pressure of water from a Municipal Water System. The Township is not liable for damage caused by the breaking of any services pipe or attachment, or for shutting off of water to repair or to tap mains, if reasonable notice of the intention to shut off the water is given. The Township is not liable for damage caused by emergency water main breaks or service breaks or attachments for shutting water off to repair the emergency situation. No notice of intention to shut water off is required during emergency repair activities. 2.7 The Director of Transportation and Environmental Services shall be responsible for the operation and maintenance of all Municipal Water Systems, including required testing, servicing, and the removal of snow from around all hydrants, as deemed necessary. Page 98 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement 2.8 The Director of Transportation and Environmental Services, or other duly authorized employee, in the case of an emergency, which may imperil the supply or quality of water, may shut off the Municipal Water Supply and take such remedial action as may be necessary. Such remedial action may include limiting or stopping up the supply of water in any area or restricting the use of water for any specific purpose. 3. REQUIREMENT FOR CONNECTION TO AND REGULATION OF MUNICIPAL WATER SYSTEM 3.1 Every Owner of property located within a Municipal Water Area who wishes to connect an existing building to the Municipal Water System may apply, in writing, to the Director of Transportation and Environmental Services. 3.2 Every new residence constructed on a property located within a Municipal Water Area shall be connected to the Municipal Water System. An application for connection to the Municipal Water System shall be filed prior to the issuance of a building permit, and shall be accompanied by the connection fee as established by By-law. 3.3 The Township reserves the right to refuse any application for connection to the Municipal Water System I the existing system is at capacity, or where excess capacity has been allocated to other properties within the Municipal Water Area. 3.4 An Owner may apply, in writing, to Council for an exemption from connection to a Municipal Water System. Council shall consider all requests and may grant an exemption, unless such exemption would be at variance to any written requirement, order or approval by a Medical Officer of Health, Public Health Inspector, the Ministry of the Environment, or Ontario Building Code Act. Any exemption granted under this Section shall not relieve the Owner from the payment of any minimum rate under this By-law. 3.5 Notwithstanding Section 3.4, no Owner of a property located within a Municipal Water Area and connected to the Municipal Water Supply shall be granted an exemption in order to disconnect from the Municipal Water System. 3.6 Every building connected to a Municipal Water System shall have a single separate connection, with the exception of a building which contains multiple units. 3.7 Any Owner of a building connected, or to be connected, to a Municipal Water System shall install the connection, as per Township Engineering Standard. 3.8 Every Person who, by act, default, neglect or omission, occasions any loss, damage or injury to any public utility works, or to any plant, machinery, fitting or appurtenances thereof, Is liable to the Township therefore. Every Person who willfully or maliciously damages, or causes or knowingly suffers to be damaged, any meter, service pipe, conduit, wire, rod or fitting belonging to the Township, or willfully impairs or knowingly suffers the same to be altered or impaired, so that the meter indicates less than the actual amount of the public utility that passes through It, is guilty of an offence and on conviction, is liable to a fine, to the use of the Township, and for the expenses of repairing or replacing the meter, service pipe, conduit, wire, rod, or fitting and double the value of the surplus public utility so consumed, all of which is recoverable under the Provincial Offences Act, R.S.O. 1990, C.P. 33, as amended. 3.9 Any Owner who desires a change in the location, arrangement or size of a Municipal Water Supply Service, shall apply, in writing, to the Director of Transportation and Environmental Services. If a request is granted by the Director of Transportation and Environmental Services, costs incurred by the Township shall be payable as a condition of the granting of the request and shall be collectable by the Township as a charge against the benefiting lands. Page 99 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement 3.10 Where any auxiliary water supply exists in any building connection to a Municipal Water System, approved backflow protection shall be installed. This requirement shall include the handling of processed waters, and waters originating from the Municipal Water system, which may have been, or may be subjected to, deterioration in sanitary quality. Backflow protection devices shall be installed where internal cross connections exist. All property Owners with swimming pools, in ground or above ground, shall install a backflow prevention device on all outside water taps. 3.11 Any Owner desiring to have the Municipal Water Supply turned off or on for any reason whatsoever, shall apply, in writing, to the Director of Transportation and Environmental Services, who may direct that the water be turned on or off. 3.12 A Disconnection/Re-Connection Fee, as established by By-law, shall be charged by the Township for turning off or on the Municipal Water Supply, where such action is necessitated by: 3.12.1 - a written request by the Owner; or 3.12.2 - non-payment of a water bill; or 3.12.3 - failure to provide access to a meter 4. WATER USEAGE AND RESTRICTIONS 4.1 No Person shall willfully let off or discharge water so that the water runs waste or useless out of the Municipal Water System. 4.2 The Township reserves the right to turn off the Municipal Water Supply to any house, building or other place supplied with water from the Water Works, as deemed necessary by the Director of Transportation and Environmental Services, to stop and prevent waste. 4.3 Failure to comply with any requirements relative to the protection of a Municipal Water Supply shall be sufficient reason for immediate discontinuance of water service by the Township, until such time as it is determined that the requirements of the Township, Ontario Building Code Act, any order or approval by a Medical Officer of Health, Public Health Inspector, or Ministry of the Environment, have been met. 4.4 The Director of Transportation and Environmental Services, or other duly authorized employee, may take such measures, as it is deemed necessary, to regulate or suspend any or all use of water distributed through a hose, or any other attachment, for street, lawn or garden watering, or for any fountain or object, or for any other similar purpose. The watering of lawns or gardens, or filling of swimming pools, are not deemed to be a domestic use under the terms of the By-law and may be prohibited, from time to time, by Resolution of Council, and the Director of Transportation and Environmental Services is hereby authorized to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System in the event of a breach of such an order. 4.5 No person shall, from a Municipal Water System, water or sprinkle, or cause or permit the watering or sprinkling of any lawn, garden, tree, shrub or other outdoor plant, or fill swimming pools, in the Township of Oro-Medonte through a hose or other attachment except between the hours of 7:00 p.m. -11:00 p.m. subject to the following: a) Owners or tenants of properties with a municipal address with an even number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on even-numbered days of the month; b) Owners or tenants of properties with a municipal address with an odd number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on odd-numbered days of the month; c) Owners of newly seeded and/or sodded lawns, upon proof of installation and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for fourteen (14) consecutive days regardless of the day designated under these water restrictions; Page 100 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement d) Owners of properties which have been sprayed for insects, upon proof of such spraying and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for seven (7) consecutive days regardless of the day designated under these water restrictions. e) Owners of properties with mechanized automated irrigation systems may, subject to 4.5 a) and b), be exempt from watering between 7:00 p.m. and 11:00 p.m. and by written request to the Director of Transportation and Environmental Services be permitted to water between the hours of 12:01 a.m and 4:00 a.m. 5. METERS 5.1 The Township shall require meters for the purpose of measuring the supply of water to any building, subject to the following; 5.1.1 Meters shall be required for all new Residential, Commercial and Industrial buildings to be constructed on properties lying within a Municipal Water Area at the cost of the Owner. 5.1.2 Meters shall be required for all existing Residential, Commercial and Industrial buildings located within a Municipal Water Area. (i) When the Township determines that water meters shall be installed in existing buildings located within a Municipal Water Area, meters shall be installed by the Township and the cost, therefore, shall be charged to the applicable Municipal Water Area. 5.1.3 One (1) meter shall be required for each unit within any Residential, commercial and/or Industrial building. The Director of Transportation and Environmental Services may waive the requirement for separate meters where, in the opinion of the Director of Transportation and Environmental Services, the existing water service prevents the installation of multiple meters. The waiving of this requirement does not relieve the Owner from any minimum rate which may be assessed against each unit under this By-law. 5.2 Interior and exterior meters shall remain the property of the Township and shall not be boxed in such a manner as to prohibit them from being read, examined or removed. 5.3 Interior meters shall be located in a safe and convenient space, free from charge or rent, in a heated room suitable for this purpose, as close as possible to the entrance of the service pipe into the building. The inside meter shall be mounted in such a manner as to be fully braced to prevent movement. 5.4 Free access shall be afforded to such meters and their connections for Persons authorized by the Township whenever such access is required. 5.5 Where the Township has reason to believe that a meter is inoperable and is unable to gain access thereto for inspection and repair, the following steps will be taken; 1) Written notice will be left at the premises requesting access to the meter 2) A phone call will be made requesting access to the meter 3) A Registered letter will be sent requesting access to the meter Upon confirmation of receipt of the registered letter the property will be moved to an annual flat rate of $1200/unit until such time as access is granted and the meter operable. Page 101 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement 5.6 The owner shall be responsible for the security of the meter, and other Township equipment, and shall pay the Township the value of such meter and equipment should any damage or loss occur which is, in the opinion of the Director of Transportation and Environmental Services, due to circumstances beyond normal wear and tear. 5.7 No Person other than an authorized employee or agent of the Township shall be permitted to remove, inspect or repair the meter or other equipment of the Township's Water Works. 5.8 No Person shall willfully alter a meter placed on any service pipe or connected therewith, within or outside any building or other place, so as to lessen or alter the amount of water registered. 6. FIRE HYDRANTS 6.1 No Person shall use hydrants connected to any Municipal Water System, other than; 6.1.1 employees or volunteer firefighters authorized by the Fire Chief; 6.1.2 employees authorized by the Director of Transportation and Environmental Services. 6.1.3 persons having written permission from the Township to use the hydrants, under the supervision of the Director of Transportation and Environmental Services. 6.2 No Person shall, without approval of the Director of Transportation and Environmental Services or Fire Chief, willfully open or close any hydrant. 6.3 No Person shall, obstruct the access to any hydrant; curb stop, chamber, pipe or hydrant or sample station. 7. OFFENCES AND PENALTIES 7.1 Every Person is guilty of an offence and upon conviction, shall be liable to the fines and penalties prescribed by the Provincial Offences Act; 7.1.1 who willfully hinders or interrupts, or causes or procures to be hindered or interrupted, the Township, its officers, contractors, agents, servants or workers in the exercise of any of the powers conferred under this By-law; or; 7.1.2 who contravenes or fails to comply with any provision of this By-law 7.2 The conviction of an offender upon the breach of any provisions 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. Section 442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended from time to time, shall further apply to any continued or repeated breach of this By-law. 7.3 If any court of competent jurisdiction finds that any of the provisions of this By- law are ultra vires the jurisdiction of council, or are invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the By-law, which shall remain in full force and effect. 8. MISCELLANEOUS 8.1 If any provision of this By-law Is inconsistent with the Municipal Act, or any other Act, the Provisions of the applicable Act shall prevail. 8.2 A word interpreted in the singular number has a corresponding meaning when used in the plural. Where a word references the masculine gender it shall also include female. 8.3 That this By-law may be cited as the "Water Regulation By-law". Page 102 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement 9. REPEAL 9.1 That the Township of Oro-Medonte hereby repeals By-law No.'s 2003-25 and 2004-024. 10. ENACTMENT That this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 29TH DAY OF JUNE, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 29TH DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H. H hes CI k J. D u Irwin Page 103 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement SCHEDULE'J' TO BY-LAW NO. 2009-056 WATER 1. Definitions For the purpose of this Schedule: 1.1 "Municipal Water Area" shall mean a subdivision within The Corporation of the Township of Oro-Medonte. 1.2 "Municipal Water Systems" shall include all water works established within the present Township of Oro-Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors. 1.3 "Owner" shall mean the assessed owner(s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 1.4 "Treasurer" shall mean the Treasurer of The Corporation of the Township of Oro-Medonte. 1.5 "Unit" shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shall include an apartment located within a single family dwelling which is serviced by the Township Water System, as permitted under the applicable Zoning By-law. 1.6 "Vacant Lot" means any property not connected to a municipal water system to which water service is available. 1.7 "Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. Water Charges, Billing and Collection 2.1 As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for the owner. The owner will then be charged at the appropriate water rate, as per Schedule W. 2.2 At the end of each quarter, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to determine the amount of water used during the quarter. 2.3 The Treasurer shall calculate water charges to be assessed against each unit and vacant lot in a Municipal Water Area, in accordance with the quarterly charges and rates per cubic meter as set out in Schedule W. 2.4 The Treasurer shall, for each calendar quarter, issue bills to each unit or vacant lot based on the applicable water charge or rate. Water bills shall be due and payable not less than twenty-one (21) days from the date of mailing. 2.5 Water payments shall be payable to The Corporation of the Township of Oro- Medonte and may be paid during office hours in person or by mail at the Oro- Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2X0, or at most financial institutions. Water payments made at a financial institution shall be deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. Page 104 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement SCHEDULE "J" TO BY-LAW NO. 2009-056 - WATER continued... 2.6 The Treasurer shall impose a five (5) percent late charge on all unpaid accounts on the day after the due date. 2.7 If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398(2) of the Municipal Act, 2001, c. 25, as amended. 3. Water Rates and Charges 3.1 Consumption Charge Each unit shall be assessed a consumption charge at the rate of $1.90 per cubic meter (m). 3.2 Infrastructure Renewal Charge Each unit and vacant lot shall be assessed on infrastructure renewal charge of $50 per quarter ($200 annually). 3.3 Flat Rate- Non-Metered Units Owners on municipal water systems who do not allow access to their homes for the purpose of the installation or repair of water meters will, after three notices, be charged $300 per quarter ($1,200 annually). 3.4 Flat Rate (a) Horseshoe - Oro Plan 1587 $150 per quarter ($600 annually) (b) Horseshoe - Medonte Plan 1531. M-10. M-11. M-23 $150 per quarter ($600 annually) (c) Pine Ridae Ski Club $900 per quarter ($3,600 annually) 3.5 Other Charges (a) Connection Fee Inspection - $200 (b) Disconnection and Reconnection Charge - $50 each os..e on -4 oq Page 105 of 133 Agenda Item # 18b) - A By-law to Enter into a Water Service Connection Agreement THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-115 A By-Law to Amend By-Law, 2009-056, "A By-law of The Corporation of the Township of Oro-Medonte to Provide for the Imposition of Fees or Charges" (Fees and Charges By-law) WHEREAS Part XII of the Municipai Act, 2001, S.O. 2001, c. 25, as amended, permits a municipality to pass by-laws imposing fees or charges on any class of persons, for services or activities provided or done by or on behalf of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and for the use of its property including property under its control; AND WHEREAS Council of the Township of Oro-Medonte did, on the 13th day of May, 2009, enact By-law No. 2009-056 to provide for the imposition of fees or charges; AND WHEREAS Council deems it necessary to amend Schedule "J" of By-law No. 2009-056. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That Schedule "J" to By-law No. 2009-056 Water" be amended to add: "3.6 Where no quarterly water meter reading can be obtained, the unit shall be automatically charged a consumption charge of $100.00, per quarter, until the meter reading is obtained or the requirements under Section 3.3 have been completed by the municipality". 2. That Schedule "J" of By-law No. 2009-056 is hereby amended. 3. That this By-law shall take effect April 1, 2009. BY-LAW READ A FIRST AND SECOND TIME THIS 9TH DAY OF SEPTEMBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 9T" DAY OF SEPTEMBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE y A Mayor, H.S. ughes Berk, J. o s Irwin Page 106 of 133 Agenda Item # 18c) - Being a By-Law to Authorize the Issuance of the Certificate THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-143 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground Works) for Woodland Estates (Sinton/Orsi), Registered Plan 51M-726 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into a Subdivision Agreement with 1091402 Ontario Ltd. (Woodland Estates - Sinton/Orsi) in July 2002 to construct a residential development consisting of forty nine (49) lots on Mapleview Road south of Bidwell Road. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Certificate of Maintenance and Final Acceptance (Aboveground Works) for BestPro Corp., Registered Plan M-726 may now be issued by the Township Engineers (Aecom) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro-Medonte and 1091402 Ontario Ltd. (Woodland Estates (Sinton/Orsi)). That the attached Schedule "A", Certificate of Maintenance and Final Acceptance (Aboveground Works) shall form part of this By-Law. That this By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF OCTOBER, 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 107 of 133 Agenda Item # 18c) - Being a By-Law to Authorize the Issuance of the Certificate SCHEDULE"A" Page 108 of 133 Agenda Item # 18d) - Being a By-Law to Authorize the Issuance of the Certificate THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-144 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground Works) for Maplehill Estates - Phase 2, Registered Plan 51 M-633 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into a Subdivision Agreement with 1091402 Ontario Ltd. in May 1999 to construct a residential development consisting of thirty two (32) lots on Pineview Drive and Northwood Court. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Certificate of Maintenance and Final Acceptance (Aboveground Works) for 1091402 Ontario Ltd., Registered Plan M-633 may now be issued by the Township Engineers (Aecom) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro-Medonte and 1091402 Ontario Ltd. Maplehill Estates - Phase 2. That the attached Schedule "A", Certificate of Maintenance and Final Acceptance (Aboveground Works) shall form part of this By-Law. That this By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF OCTOBER, 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 109 of 133 Agenda Item # 18d) - Being a By-Law to Authorize the Issuance of the Certificate SCHEDULE"A" now, G - a - I y I Page 110 of 133 Agenda Item # 18e) - Being a By-Law to Authorize the Issuance of the Certificate THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-145 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground Works) for Huronia Homes -Phase 1, Registered Plan 51M-676 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into a Subdivision Agreement with Huronia Homes Ltd. in May 2000 to construct a residential development consisting of 24 lots on White Pine Drive. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Certificate of Maintenance and Final Acceptance (Aboveground Works) for Huronia Homes Ltd., Registered Plan M-676 may now be issued by the Township Engineers (Aecom) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Huronia Homes Ltd.. Huronia Homes - Phase 1. That the attached Schedule "A", Certificate of Maintenance and Final Acceptance (Aboveground Works) shall form part of this By-Law. That this By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF OCTOBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin SCHEDULE"A" Page 111 of 133 Agenda Item # 18e) - Being a By-Law to Authorize the Issuance of the Certificate 11"M Page 112 of 133 Agenda Item # 18f) - Being a By-Law to Authorize the Issuance of the Certificate THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-146 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground and Underground Works) for Huronia Homes -Phase 2 , Registered Plan 51M-807 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into a Subdivision Agreement with Huronia Homes Ltd. in January 2005 to construct a residential development consisting of twenty (20) lots on Hemlock Crescent. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground and underground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the Certificates of Maintenance and Final Acceptance (Aboveground and Underground Works) for Huronia Homes Ltd., Registered Plan M-807 may now be issued by the Township Engineers (Aecom) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro- Medonte and Huronia Homes Ltd., Huronia Homes - Phase 2. 2. That the attached Schedule "A", Certificate of Maintenance and Final Acceptance (Aboveground Works) shall form part of this By-Law. 3. That the attached Schedule "B", Certificate of Maintenance and Final Acceptance (Underground Works) shall form part of this By-Law. 4. That this By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF OCTOBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin SCHEDULE"A" Page 113 of 133 Agenda Item # 18f) - Being a By-Law to Authorize the Issuance of the Certificate ~Wml MON& SCHEDULE"B" Page 114 of 133 Agenda Item # 18f) - Being a By-Law to Authorize the Issuance of the Certificate ~,Ml Page 115 of 133 Agenda Item # 18g) - A By-law to Repeal By-Law No. 2009-084, "A By-Law to Authori... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-147 A By-law to Repeal By-Law No. 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, Tracey Elizabeth Childs described as lands as follows: West Half of lot 2, Concession 8, Oro, Except Part 1, 51 R-31876, Oro-Medonte Being all of PIN 58532-0015 (LT) 3193 Line 7 North Roll # 4346-010-003-35400 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; AND WHEREAS Council of the Township of Oro-Medonte did on the 29th day of June 2009, enact By-law No. 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, Tracey Elizabeth Childs; AND WHEREAS the Site Plan Control Agreement was registered on title on July 28, 2009, receipted as SC754133; AND WHEREAS Council of the Township of Oro-Medonte did on the 21St day of October 2009 pass Motion No. CW091021-14 to withdraw the current Site Plan Agreement; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That By-law No. 2009-084 be repealed in its entirety. 2. And That this by-law shall take effect on the final passing thereof BY-LAW READ A FIRST AND SECOND TIME THIS 28TH OF OCTOBER, 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 116 of 133 Agenda Item # 18h) - A By-law to Authorize the Execution of An Agreement Between THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-148 A By-law to Authorize the Execution of An Agreement Between the The Corporation of the Township of Oro-Medonte and Karen Anne Baldock 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 Karen Anne Baldock; 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 28TH DAY OF OCTOBER, 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 117 of 133 Agenda Item # 18h) - A By-law to Authorize the Execution of An Agreement Between 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 - KAREN ANNE BALDOCK (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 "Owners 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 (#2004-119, 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. 1A Page 118 of 133 Agenda Item # 18h) - 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. 2. During the term of this Agreement, and any renewal thereof, the Owner shall have the exclusive use and possession to the interior of the 2 sheds; provided however that all other 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: 1. 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 1 s` day of May in each year, and may be added to the tax roll for the Owner's Lands, if required, by the Township. 2. 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. 3. 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. 4. 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. 5. 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 119 of 133 Agenda Item # 18h) - A By-law to Authorize the Execution of An Agreement Between 6. 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 party that has obtained the consent or approval of the Township shall 6e 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. a. 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 D I ars ($2,000,000.00), naming the Township of Oro-Medonte as additional nsured. The Owner will provide evidence of such insurance annually, to the Township no later tha the 1 st day of May in each year, naming the Township as an additionalnsured. In the event the Owner's insurer is unable or unwilling to add the Township as an additional ~ed 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 10 Page 120 of 133 Agenda Item # 18h) - A By-law to Authorize the Execution of An Agreement Between and paid by the Owner in addition to those fees set out in paragraph 1. 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: Karen Anne Baldock 2100 Blacksmith Lane Oakville, ON L6M 3A3 (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 parry 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. Y6 Page 121 of 133 Agenda Item # 18h) - 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.1 di1/P t/u this ~h/k day of 200 5. wifhess Karen Anne Baldock f615 Page 122 of 133 Agenda Item # 18h) - A By-law to Authorize the Execution of An Agreement Between SCHEDULE"A" Owner's Lands Lt 45 PI 626 Oro; Oro-Medonte, 74040-0111 (LT), Municipally known as 33 Owen Road. i ` q,. 4 Hf f~ ~J~_r LAKE SIMCOE MYRTLE ® 33OWENROAD 0 6 10 20 30 40 Maters 0 Page 123 of 133 Agenda Item # 18h) - A By-law to Authorize the Execution of An Agreement Between SCHEDULE"B" Township Lands Part of the Lake Shore Promenade between Kempenfeldt Avenue and Owen Road, Registered Plan 626, designated as Part 16, Plan 51 R-36152, (Geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, being Part of PIN #74040- 0003(LT); and Part of the Lake Shore Promenade north-east of Owen Road, Registered Plan 626, designated as Part 25, Plan 51 R-36152, (Geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, being Part of PIN #58561-0002(LT); and Part of Owen Road between Charlotte Avenue and the Lake Shore Promenade, Registered Plan 626, designated as Part 29, Plan 51 R-36152, (Geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, being Part of PIN #58561- 0191(LT). Existing Encroachments as approved by Township of Oro-Medonte Chief Building Official 1. Frame Shed 2. Aluminum Shed 3. 2 sets of Stairs 4. Concrete Pad All as shown on Plan of Survey 51 R-36152 designated as Parts 16, 25 and 29 thereon. Page 124 of 133 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. 2009-149 A By-law to Authorize the Execution of An Agreement Between the The Corporation of the Township of Oro-Medonte and Jerry Popiuk and Diane Jean Popiuk 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 Jerry Popiuk and Diane Jean Popiuk; 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 28TH DAY OF OCTOBER, 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 125 of 133 Agenda Item # 18i) - A By-law to Authorize the Execution of An Agreement Between 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 - JERRY POPIUK and DIANE JEAN POPIUK (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 Lake Shore 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 126 of 133 Agenda Item # 18i) - 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. 2. During the term of this Agreement, and any renewal thereof, the Owner shall have the exclusive use and possession to the interior of the boathouse; provided however that all other 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: 1. 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 1St day of May in each year, and may be added to the tax roll for the Owner's Lands, if required, by the Township. 2. 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. 3. 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. 4. 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. 5. 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 127 of 133 Agenda Item # 18i) - A By-law to Authorize the Execution of An Agreement Between 6. 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 party 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. 8. 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 D II rs ($2,000,000.00), naming the Township of Oro-Medonte as additional Zmnsured. The Owner will provide evidence of such insurance annually, to the Township no late t an the 1t day of May in each year, naming the Township as an additional insured. In the event the Owner's insurer is unable or unwilling to add the Township as an additional 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 128 of 133 Agenda Item # 18i) - 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: Jerry Popiuk and Diane Jean Popiuk 51 Stanley Avenue Hawkestone, ON LOL ITO (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 129 of 133 Agenda Item # 18i) - 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: Clerk I/We have authority to bind the Corporation. IN WITNESS WHEREOF the Owner hereto has hereunto affixed its hand. EXEC UTEDat040-01clAO4)7-1 this /ST day of 455C'7_0 ~®9 Wit4ss ~Jopidk Witn ss Diane Jean P " iuk Page 130 of 133 Agenda Item # 18i) - A By-law to Authorize the Execution of An Agreement Between SCHEDULE "A" Owner's Lands Lt 23 PI 626 Oro; Lt 119 PI 626 Oro; Lt 120 PI 626 Oro; Pt Lt 22 PI 626 Oro; Pt 121 PI 626 Oro as in R0999721; Oro-Medonte, 74040-0139 (LT), Municipally known as 51 Stanley Avenue, .q1 NUE Page 131 of 133 LAKE SIMCOE 0 5 10 20 30 40 _ iMeters Agenda Item # 18i) - A By-law to Authorize the Execution of An Agreement Between SCHEDULE"B" Township Lands Part of Lake Shore Promenade between Kempenfeldt Avenue and Owen Road, Registered Plan 626, designated as Part 3, Plan 51 R-36143, (Geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, being Part of PIN #74040-0003(LT) Existing Encroachments as approved by Township of Oro-Medonte Chief Building Official 1. Frame Boathouse 2. Concrete Pad 3. Stairs All as shown on Plan of Survey 51 R-36143 designated as Part 3 thereon. Page 132 of 133 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. 2009-139 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, OCTOBER 28, 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, October 28, 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 28th DAY OF OCTOBER, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 28th DAY OF OCTOBER, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 133 of 133