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12 16 2009 COW AgendaPage 5 10 [Addenda] Proud Heritage, Exciting Future 1. NOTICE OF ADDITIONS a) Motion for additions. 2. ADOPTION OF AGENDA a) Motion to adopt the agenda. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: "IN ACCORDANCE WITH THE ACT" 4. PRESENTATIONS: a) Jacob Steeves, re: "Junior Fire Chief for a Day b) Warminster Public School Choir Presentation. 5. DEPUTATIONS: None. 6. CONSENT AGENDA: None. TOWNSHIP OF ORO- MEDONTE COMMITTEE OF THE WHOLE MEETING AGENDA COUNCIL CHAMBERS Wednesday, December 16, 2009 9:00 a.m. 7. COMMUNICATIONS: a) Mike Galloway, Clerk, Township of Essa, correspondence dated December 4, 2009, re: 2010 NVCA Budget Resolution. 6 -9 b) Minutes of Community Hall Board Association meeting held on November 30, 2009. 8. REPORTS OF MEMBERS OF COUNCIL: a) Deputy Mayor Ralph Hough, re: Town of Niagara -on- the -Lake, Benefit Sharing Agreement with Lower -tier Municipalities. 11 b) Councillor Sandy Agnew, re: Barbara Kane, Clerk, Township of Adjala Tosorontio, correspondence dated December 10, 2009, Regarding NVCA 3rd Party Review. Page 1 of 137 Page Committee of the Whole agenda for the meeting of December 16, 2009. 8. REPORTS OF MEMBERS OF COUNCIL: c) Councillor Sandy Agnew, re: Memorandum of Understanding for Severn Sound Portion of the Township. [Addenda] 9. ADMINISTRATION, FINANCE AND CORPORATE SERVICES: 12-13 a) Report No. FI 2009-20, Paul Gravelle, Director of Finance/Treasurer/Deputy CAO, re: Statement of Accounts, November 30, 2009. 14-17 b) Paul Gravelle, Director of Finance/Treasurer/Deputy CAO, re: Draft By-law 2009-177, Being a By-law to Authorize the Execution of a Tax Arrears Extension Agreement. 18-28 c) Report No. CS 2009-038, Doug Irwin, Director of Corporate Services/Clerk, re: Township Refreshment Vehicle By-Law Review. 29-34 d) Minutes of OMEGA meeting held on November 19, 2009. 35-41 e) Robin Dunn, Chief Administrative Officer, re: Proposed 2010 Budget Overview. f) Doug Irwin, Director of Corporate Services/Clerk, re: Pound Keeping Services. [Addenda] 10. TRANSPORTATION AND ENVIRONMENTAL SERVICES: 42-47 a) Report No. TS 2009-36, Jerry Ball, Director of Transportation and Environmental Services, re: No Parking Zones on Lakeshore Road, East and West of Line 7 South. 11. DEVELOPMENT SERVICES: 48-72 a) Report No. DS 2009-76, Andria Leigh, Director of Development Services, re: Zoning By-law Amendment 2009-ZBA-19 to 2009-ZBA-23 inclusive (Indian Park Association) Huronwoods Drive, Oneida Avenue, Algonquin Trail, (Formerly Oro Township). 73-74 b) Report No. DS 2009-077, Andria Leigh, Director of Development Services, re: Certificate of Maintenance and Final Acceptance (Underground Works) and Certificate of Substancial Completion and Acceptance (Aboveground Works) for Laurel View Homes (HV) Inc. Registered Plan M-741. 75-88 c) Report No. DS 2009-078, Andria Leigh, Director of Development Services, re: Plan of Subdivision and Zoning By-law Amendment 2008-SUB-01 and 2008- ZBA-13 (Andersen) Part of Lot 5, Concession 14, 9733 Highway 12. 89-90 d) Report No. DS 2009-079, Andria Leigh, Director of Development Services, re: Certificate of Maintenance and Final Acceptance (Underground Works) for Heights of Moonstone -Stage 1, Registered Plan M-679 [To be distributed at the meeting]. Page 2 of 137 Page Committee of the Whole agenda for the meeting of December 16, 2009. 11. DEVELOPMENT SERVICES: 91-92 e) Minutes of Site Plan Technical Support Group meeting held on December 9, 2009. 12. EMERGENCY SERVICES: 93-96 a) Memorandum correspondence dated December 7, 2009, Richard Playfair, Director of Fire and Emergency Services, re: Volunteer Fire Fighter Insurance [From December 9, 2009 meeting]. 97-101 b) Report No. FD 2009-10, Richard Playfair, Director of Fire and Emergency Services, re: Fire and Emergency Services Department Request for Master Fire Plan. 102-107 c) Richard Playfair, Director of Fire and Emergency Services, re: By-Law 2009- 175, Being a By-law to Authorize the Execution of an Agreement for Fire Dispatch Services between the Township of Oro-Medonte and the City of Orillia and to Repeal By-Law No. 2005-041 (First and Second Reading received December 9, 2009). 108-111 d) Richard Playfair, Director of Fire and Emergency Services, re: By-Law 2009- 176, Being a By-law to Authorize the Execution of an Agreement between the Township of Oro-Medonte and the City of Orillia for the Provision of 9-1-1 Central Emergency Reporting Bureau (CERB) Services and to Repeal By-Law No. 2007-027 (First and Second Reading received December 9, 2009). 13. RECREATION AND COMMUNITY SERVICES: 112-117 a) Report No. RC 2009-26, Shawn Binns, Director of Recreation and Community Services, re: Ukrainian National Federation Agreement - Hawkestone Park. 118-132 b) Report No. RC 2009-27, Shawn Binns, Director of Recreation and Community Services, re: Oro-Medonte 77's Request for Grant/Subsidy. 133-137 c) Minutes of Recreation Technical Support Group meeting held on December 3, 2009. 14. I N-CAM ERA: a) Motion to Go In-Camera b) Motion to Rise and Report c) Shawn Binns, Director of Recreation and Community Services, re: Property Matter (Community Centre for Craighurst /Horseshoe / Sugarbush). d) Robin Dunn, Chief Administrative Officer, re: Personal Matter (Georgian Valley Advisory Committee). e) Doug Irwin, Director of Corporate Services/Clerk, re: Property Matter (8 Orillia Road). f) Andria Leigh, Director of Development Services, re: Property Matter (TRY Recycling). Page 3 of 137 Page Committee of the Whole agenda for the meeting of December 16, 2009. 14. IN-CAMERA: [Addenda] g) Councillor Sandy Agnew, re: Legal Matter (Horseshoe Valley Paintball) [Addenda] 15. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 16. ANNOUNCEMENTS 17. ADJOURNMENT a) Motion to adjourn Page 4 of 137 Agenda Item 7a) Mike Galloway, Clerk, Township of Essa, correspondence dated... Corporation of the Township of Essc 5786 County Road 21 Utopia, Ontario LOM 1TO December 4, 2009 Mayor Council NVCA Member Municipality Re: 2010 NVCA Budget Resolution At its meeting of December 2, 2009, The Council of The Township of Essa passed the following resolution regarding the draft 2010 NVCA budget for your consideration and support: If you require any additional information, please do not hesitate to contact the undersigned. Yours truly, Mike Galloway, CMG Township CIerk MGrkp WHEREAS the Nottawasaga Valley Conservation Authority (NVCA) Board of Directors circulated the draft 2010 budget to member municipalities for approval; and WHEREAS the draft budget totals S3, 866, 772.05 and has an average 3% general levy increase over 2009; and WHEREAS the Council of the Township of Essa has reviewed the 2010 NVCA preliminary budget proposal; and WHEREAS the Council of the Township of Essa feels that an increase in the overall levy of 3% during these harsh economic times is too high; NOW THEREFORE BE IT RESOLVED THAT Council requests the NVCA revisit their numbers and reduce the overall percentage to less than 2 and further THAT this resolution be circulated to all member municipalities in the 1VVCA watershed fbr consideration and support. When Town and Country Meet Telephone: {705) 424 -9770 Fax: )705) 424 -2367 Web Site: www.essc town ship :on :ca Page 5 of 137 Agenda Item 7b) Minutes of Community Hall Board Association meeting held on 4. Guest Speaker none Minutes Township of Oro Medonte Community Hall Association Meeting Date: Monday, Nov 30, 2009 Time: 7:00 pm Where: Hawkestone Hall Attendance: Dave MacMillan Eady Hall/ Evelyn Reid Eady Hall/ Susan Grant Jarratt Hall/ Sue Britten Jarratt Hall/ Pat Shellswell Edgar Hall/ Sandy Agnew Councillor /Jennifer Alton Warminster Hall /Ron Brown Hawkestone Hall 1. Adoption of Agenda Moved by Susan Grant Seconded by Jennifer Alton That the agenda for the November 30, 2009 meeting be adopted Carried 2. Adoption of Minutes Moved by Sue Britten Seconded by Susan Grant That the minutes of the Community Hall Association Meeting held on November 30, 2009 be adopted. Carried 3. Adoption of Minutes Moved by Dave MacMillan Seconded by Evelyn Reid That the minutes of the Community Hall Association Meeting held on September 23, 2009 be adopted Sandy Agnew asked that the minutes be changed to read councillor and not council Carried 5. Business arising from minutes 1. Fire Safety Plan, Accessibility and WHIMIS Training 30 people attended Fire drill idea was excellent How to use fire extinguishers was great Halls are reviewing with user groups Diagrams of the floor plans need to be reviewed for accurancy Need for posted fire route Training was very beneficial Page 6 of 137 Agenda Item 7b) Minutes of Community Hall Board Association meeting held on 2. Other Training Ideas included volunteer recruitment fundraising First Aid Risk Management meeting with other hall boards out of Township) Should extend to Rugby and Oro Station Halls 6. Announcements and Special Events a /Jarratt Hall made over $2,000.00 in Craft Sale very busy every night b/ Hawkestone Hall 2 nd Annual Artisan Show Decadent desserts downstairs Euchre on Friday afternoons Dec 12 is the Hawkestone Christmas Concert Jan 9 is the passport clinic with Bruce Stanton c/ Edgar Hall Dec 5 is the Bake and Craft Sale Dec 12 Bid Euchre Tournament Bid is the 1 and 3rd Wed Regular Euchre is on Friday Kitchen renovations are underway d/ Eady Hall Coldwater Players use the hall regularly Turkey supper was a success Christmas Concert is Dec 5th No fund raising except rentals 7. Correspondence a) Recreation and Community Services Brochure Winter 2009/2010 to be delivered Dec 1, 2009 Deadline for Spring /Summer content is January 25 Graphic Designer Tammy Reynolds is doing the design and layout Chamber of Commerce is selling the advertising Any groups wishing to advertise please contact Carol Benedetti b) Financial Reports Were circulated Notify Shawn if discrepancies Request for financial statements before year end plus reserve balances Page 7 of 137 Agenda Item 7b) Minutes of Community Hall Board Association meeting held on 8. Staff Report: a) 2010 Budget Update council is reviewing budget. Will probably be ratified early in the New Year. Budget is now broken down into service levels to better communicated services provided and required funding to deliver service Budget this year is a challenge with nearly 3% increase before any adjustments due to Decreased investment income Supplementary Tax revenue /cancelations Decrease building permit revenue And an increased Police budget 9. Other /New Business a) Municipal Alcohol Policy Review of the policy conducted Township will now administer any licensed function to ensure all paperwork is completed and will liaise with booking coordinator. Process if hall receives a inquiry regarding licensed event confirm availability and then forward to Township Recreation and Community Services to follow up on paperwork. Rec. Staff will then liaise with booking coordinator. b) WHIMIS and cleaning supplies ordered through SWISH Benefits are: o Pricing o Coding o Products labeled WHIMIS and MSDS required for Health and Safety o Township would supply catalogues Bring feedback to the next meeting c) Hall Board Manual and Working Group The township is IooOking to start a working group to develop Hall Board operating policies and procedures and orientation and reference manual. The group will work to draft the material. Please forward to halls for interested parties to assist and will be reviewed and the next meeting d) Question re: Donations Tax receipt can be issued for any cash donations exceeding $20 going towards an approved project or work in -kind by licensed business at "market Value" e) Facility Plan has not been completed. Tentatively it will be completed in January Brief discussion re: status of the halls f) H1N1 Posters Please put in the halls Flu Clinic from 2:00 pm to 8:00 pm Dec 1 St and 10 Page 8 of 137 Agenda Item 7b) Minutes of Community Hall Board Association meeting held on 10. Adiournment moved by Sue Britten that we adjourn the meeting at the Administrative Centre Newton Room Next Meeting Eady Community Hall on January 25, 2010 at 7:00 pm. Page 9 of 137 Agenda Item 8a) Deputy Mayor Ralph Hough, re: Town of Niagara -on- the -Lake, B... TELEPHONE 905- 468 -3266 FACSIMILE 905- 468 -2959 Attention: All Ontario Municipalities N The Town of iagara- On- he -je 1593 FOUR MILE CREEKROAD P.O. Box 100 VIRGIL, ONTARIO LOS ITO Niagara -on- the -Lake Motion Approved November 23, 2009 Moved by: Councillor J. Lowrey, Seconded by: Councillor J. Collard Now therefore be it resolved that the Region of Niagara be requested to enter into a benefit sharing agreement with the lower tier municipalities; and That Lord Mayor Gary Burroughs and Regional Councillor Dave Lepp table the attached motion in support of that agreement at Regional Council before the finalization of their 2010 budget; and That this resolution be forwarded to all municipalities within Niagara, including the Region of Niagara, seeking their support; and That this resolution be forwarded to AMO for circulation to all Ontario municipalities for their support and endorsement; and That lower tier municipalities across Ontario be requested to follow the lead of Niagara municipalities and negotiate with their upper tier partners a benefit sharing agreement that distributes the uploading tax room with each municipality in both the upper and lower tiers. Please forward your notification of support to the Town of Niagara -on- the -Lake Clerk's Department and to the Regional Clerk at the Regional Municipality of Niagara (P.O. Box 1042, Thorold, ON L2V 4T7). Region of Niagara Motion Proposed Whereas the Province of Ontario, after consulting with the Association of Municipalities of Ontario (AMO), has seen fit to upload the costs of social services from municipalities; and Whereas these costs were paid for by properties across the region based on property assessment; and Whereas the uploading benefit to the Region of Niagara is anticipated to be $14.3 million in 2010; and Whereas the uploading benefit that has been realized over the last two years will continue until 2018 so that the cumulative impact of the uploading benefit off the Regional tax levy after 10 years is estimated to be $64.386 million; and Whereas upper tier municipalities have not passed the benefit of uploading back to their lower tier partners, despite the compounded savings realized from incremental permanent uploading; and Whereas the 12 lower tier municipalities in Niagara are forecasted to lose the OMPF special assistance funding, totaling $8,477,900 in 2010; and Whereas Niagara Regional Council has approved the following resolution: "That Staff be directed to remove the total upload costs (2010, $14.3M) from the previous year's base budget, such that the replacement of lost OMPF revenues, the inflationary costs of social programs, and the "2010 Guidance Increases" can be transparently reported as the levy increases that they are"; and Now therefore be it resolved that the Region of Niagara be directed to share the gross benefits derived from uploaded social services by passing through those savings to the lower tier Towns /Cities by way of a tax levy restatement in 2010 in order to distribute those 2010 savings to each municipality proportionately based on assessment. DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario (AMO), its subsidiary companies, officers, directors or agents. Page 10 of 137 Agenda Item 8b) Councillor Sandy Agnew, re: Barbara Kane, Clerk, Township of... BY E -MAIL ONLY December 10, 2009 Mr. Wayne Wilson Nottawasaga Valley Conservation Authority 8195 8 Line Utopia, Ontario LOM 1T0 Dear Mr. Wilson: Re: NVCA 3rd nartv review THE CORPORATION OF THE TOWNSHIP OF ADJALA TOSORONTIO 7855 Sideroad 30 R.R. #1 Alliston, Ontario L9R 1V1 Telephone: (705) 434 -5055 Fax: (705) 434 -5051 The Township Council at the meeting Monday December 7, 2009 passed the following resolution. Please be advised that the following motion was made by Deputy Mayor Little, seconded by Councillor Cook: BE IT RESOLVED THAT Council requests the Nottawasaga Valley Conservation Authority to look beyond the scope of the planning requirements in their third party review and incorporate a review of all their mandated programs; THAT the Nottawasaga Valley Conservation Authority increase their budget accordingly for the third party review to ensure a complete and comprehensive report; AND THAT Council request that such report be completed by March 2010; AND THAT a copy of this resolution be forwarded to all member municipalities. Yours truly, Barbara Kane Township Clerk Office of the Clerk Page 11 of 137 Agenda Item 9a) Report No. FI 2009 -20, Paul Gravelle, Director of Finance /Tr... Report No. FI 2009- 20 Meeting Date: Subject: December 16, 2009 Roll It is recommended that: BACKGROUND: Batch No. Cheque Registers: Payroll: PR00433 PR00437 REPORT Statement of Accounts November 30, 2009 Date Amount November 07, 2009 November 21, 2009 117,976.40 126,099.02 AC00569 November 04, 2009 298,880.01 AQ00417 November 06, 2009 1,218.00 AC00570 November 12, 2009 124,300.65 AC00571 November 18, 2009 278,893.33 AQ00418 November 18, 2009 1,900.00 AC00572 November 25, 2009 347,788.04 Proud Heritage, Exciting Future To: Prepared By: Committee of the Whole Janice MacDonald Motion R.M.S. File RECOMMENDATION(S): Requires Action For Information Only X 1. That Report No. FI 2009 -20 is received. 2. The accounts for the month of November 2009 totalling 1,303,712.72 are received. Following is the statement of accounts for the month of November. 1,052,980.03 244,075.42 FINANCE December 16, 2009 Report No. 2009 -020 Page 1 of 2 Page 12 of 137 Agenda Item 9a) Report No. Fl 2009 -20, Paul Gravelle, Director of Finance /Tr... Credit Card Registers: AE00231 November 26, 2009 395.80 AE00232 November 26, 2009 94.81 AE00233 November 26, 2009 395.32 AE00234 November 26, 2009 1,512.63 AE00235 November 26, 2009 3,482.24 AE00236 November 26, 2009 453.48 AE00237 November 26, 2009 322.99 ATTACHMENTS: Cheque Registers. CONCLUSION: That the accounts for the month of November are received. Respectfully submitted: Janice acDonald, Accounting Clerk FINANCE Report No. 2009 -020 SMT Approval Comments: Total: 1.303.712.72 C.A.O. Approval Comments: 6.657.27 December 16, 2009 Page 2 of 2 Page 13 of 137 Agenda Item 9b) Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re:... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2009 -177 Being a By -law to authorize the execution of a Tax arrears extension agreement WHEREAS The Corporation of the Township of Oro Medonte has registered on the 1St day of October, 2009 a tax arrears certificate against the land described in Schedule "A" attached hereto and forming part of this By -Law. AND WHEREAS Section 378 of the Municipal Act, 2001, S.O., 2001, C.25 as amended provides that a municipality may by By -law authorize an agreement with the owner of such land to extend the period of time, which the cancellation price payable on the land is to be paid. NOW THEREFORE the Council of the Corporation of the Township of Oro Medonte hereby enacts as follows: 1. THAT an agreement be entered into by the Corporation with the owners of the land described in Schedule "A" to extend the time period in which the cancellation price payable on this land is to be paid beyond October 1 S 2010. 2. THAT the agreement be substantially the same form and contain the same terms and conditions as set out in Schedule "B" attached hereto and forming part of this by -law. 3. THAT the Mayor and Clerk be authorized to enter into the agreement on behalf of the Corporation. THAT this By -law shall have effect immediately upon final passing. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW READ A FIRST AND SECONDTIME THIS 16TH DAY OF DECEMBER, 2009. BY -LAW READ A THIRD AND FINAL TIME THIS 16TH DAY OF DECEMBER, 2009. Mayor,H.S. Hughes Clerk, J. Douglas Irwin Page 14 of 137 Agenda Item 9b) Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re:... Description of the land: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE SCHEDULE "A" BY -LAW NO. 2009 -177 Roll 43 46 010 001 17600 Con 2 Lot 23 N PT Lot 22 RP 51R18171 Part 1 Page 15 of 137 Agenda Item 9b) Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re:... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE SCHEDULE "B" BY -LAW NO. 2009 -177 THIS AGREEMENT made in triplicate the 16th day of December, 2009. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Corporation" Hereinafter called the "Owner" WHEREAS the owner is the owner of the land in the Township of Oro Medonte described in Schedule "A" attached hereto and forming part of this agreement. AND WHEREAS the said land is in arrears of taxes on the 4th day of December, 2009 in the amount of $14,604.06 and a tax arrears certificate was registered in the Registry Office on the l day of October, 2009 in respect of the said land. AND WHEREAS pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001, C.25 as amended a municipality may by By -law, authorize an extension agreement be entered into by the Corporation with the landowner to extend the period of time in which the cancellation price in respect to the said land is to be paid. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: The Owner agrees to pay to the Corporation the sum of $500.00 (five hundred) dollars monthly, commencing on the 31st day of December, 2009, to and including the 31st day of December, 2014. 2. In addition to paying the amounts provided for in Clause 1, the Owner agrees to pay all taxes levied on the land as they become due during the tenor of this Agreement. 3. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001, S.O. 2001, C.25, as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the collector of taxes of the Corporation, without waiving the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as set out in Clauses 1 and 2, during the time the Agreement is in force so long as the Owner is not in default hereunder. 4. In the event the Owner defaults in any payments required by this Agreement, this Agreement upon notice being given to the Owner by the Corporation, shall be terminated and the Owner shall be placed in the position he or she was before this Agreement was entered into. In the event of a default, this Agreement shall cease to be considered a subsisting agreement on the day that the notice of termination is sent to the Owner. 5. Immediately upon the Owner making all the payments required under paragraphs 1 and 2, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect of the said land. 6. Notwithstanding the provisions of paragraphs 1 and 2, the Owner and any other person may at any time pay the balance of the cancellation price and upon receipt of the aforesaid payment by the Corporation, this Agreement shall terminate and the Treasurer shall forthwith register a tax arrears cancellation certificate. 7. This Agreement shall extend to and be binding upon and ensure to the benefit of the Parties and to their respective heirs, successors and assigns. Page 16 of 137 Agenda Item 9b) Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re:... Page 2 Schedule "B" By -Law No. Qcfo9 /77 8. If any paragraph or part of paragraphs in this Agreement be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in force and effect and shall be binding upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs had never been included. 9. Any notice required to be given to the Owners hereunder shall be sufficiently given if sent by registered post to the Owners at the following address: 1591 Line 1 N RR 2 Shanty Bay ON LOL 2L0 In WITNESS WHEREOF the Owners has hereunto set his hand and seal and the Corporation has caused its Corporate Seal to be hereunto affixed, attested by its proper Officers. SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF Witness Mayor, H.S. Hughes Witness Clerk, J. Douglas Irwin P�. Witness Page 17 of 137 Agenda Item 9c) Report No. CS 2009 -038, Doug Irwin, Director of Corporate Se... Report No. CS 2009 -038 Meeting Date: December 16, 2009 Roll REPORT RECOMMENDATION(S): Corporate Services Report No. CS2009 -038 To: Committee of the Whole Subject: Township Refreshment Vehicle By -Law Review Township of Proud Heritage, Exciting Future Prepared By: Doug Irwin Motion R.M.S. File Requires Action X For Information Only' 1 It is recommended: 1. That Report No. CS 2009 -38 be received and adopted. 2. That the draft By -law to License and to Regulate Refreshment Vehicles be approved. 3. And Further That the Clerk bring forward the by -law for Council's consideration. BACKGROUND: The Municipal Act, 2001, S.O. 2001, c.25, as amended, s.11 authorizes a lower -tier municipality to pass by -laws, respecting health, safety and well -being of persons; protection of persons and property, including consumer protection. S.150 sets out that a municipality may provide for a system of licenses with respect to a business. The Township's by -law to License and to Regulate Refreshment Vehicles (By -Law No. 2003 -032) was passed on April 16, 2003. December 16, 2009 Page 1 of 3 Page 18 of 137 Agenda Item 9c) Report No. CS 2009 -038, Doug Irwin, Director of Corporate Se... ANALYSIS: A review of the Township's by -law to update and streamline the process has been completed for the Corporate Services department. Municipalities throughout and outside Simcoe County were consulted with respect to the process and applicable fees. Fees ranged up to $500.00 per year. All municipalities presently charge one annual fee; no renewal application fee is available. To streamline the process, it is recommended that the Township follow this practice. It was noted during the review that Oro Medonte's fees are considerably lower than other municipalities. FINANCIAL: Increase in Township funds will be dependent upon the number of license applications submitted. In 2009, five refreshment vehicle applications were received. POLICIES /LEGISLATION: Municipal Act, 2001, S.O. 2001, c.25, as amended, By -Law No. 2003 -032. CONSULTATIONS: Simcoe County and outside municipalities. Chief Municipal Law Enforcement Officer ATTACHMENTS: Attachment 1 Draft By -Law No. 2009 -171 Corporate Services December 16, 2009 Report No. CS2009 -038 Page 2 of 3 Page 19 of 137 Agenda Item 9c) Report No. CS 2009 -038, Doug Irwin, Director of Corporate Se... CONCLUSION: The proposed $300 annual fee will be reflective of market comparators and will assist in the recovery of expenses. Respectfully bmitted: Dou /Director n Corporate Services /Clerk C.A.O. Approval Comments: 1 Corporate Services December 16, 2009 Report No. CS2009 -038 Page 3 of 3 Page 20 of 137 Agenda Item 9c) Report No. CS 2009 -038, Doug Irwin, Director of Corporate Se... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2009 -171 Being a By -law to License and to Regulate Refreshment Vehicles and to Repeal By -Law No. 2003 -032 WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, s.11 authorizes a lower tier municipality may pass by -laws, respecting health, safety and well -being of persons; protection of persons and property, including consumer protection. AND WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, s.150 sets out that except as otherwise provided, a municipality may provide for a system of licenses with respect to a business AND WHEREAS Council deems it appropriate to license and to regulate refreshment vehicles. NOW THEREFORE the Council of The Corporation of the Township of Oro Medonte hereby enacts as follows: 1. DEFINITIONS 1.1 For the purpose of this by -law the following definitions shall apply: a) "Council' means the Council of The Corporation of the Township of Oro Medonte. b) "Health Unit" means the Simcoe Muskoka District Health Unit and includes any successor or assign. c) "License" means a refreshment vehicle license as issued pursuant to the provisions of this by -law. d) "Licensed Contractors" means a person or a group of persons that are professionally licensed, bonded, and insured to deal in all aspects of natural or propane gas installs, repairs, sales and service. "Municipal Law Enforcement Officer" means any person appointed by the Township as for the purposes of enforcing the by -laws of a municipality. "Park" means all lands owned by or belonging to The Township of Oro Medonte and as otherwise may be designated for use as a public park, open space, dock or wharf, including any and all buildings, structures, facilities, erections and improvements located in or on such land, save and except where such land is governed by other By -laws of the municipality. g) "Person" shall mean an individual human being, his/her personal agent, heir, successors and assigns, and shall include a corporation with or without share capital. h) "Police Officer" or "Peace Officer" means a Municipal Law Enforcement Officer employed by the Township or an officer who is a member of the Ontario Provincial Police or such other police force as may be contracted from time to time to service the Township. i) "Refreshment Vehicle" shall mean a vehicle as defined herein in accordance with the Highway Traffic Act, R.S.O., 1990, c.H.8, as amended, from which refreshments are sold. Page 21 of 137 Agenda Item 9c) Report No. CS 2009 -038, Doug Irwin, Director of Corporate Se... j) 2. LICENSING 2 "Refreshments" shall mean but shall not be limited to such items as fish, french fries, hot dogs, sausages, hamburgers, ice cream, beverages and similar items which can be sold from a vehicle which conforms with the requirements of this By -law and any other regulations that any other agency or Ministry may impose. k) "Service Club" means a non profit, charitable organization established within the Township of Oro Medonte. 1) `Township" shall mean The Corporation of the Township of Oro Medonte. m) "Trailer" shall mean any vehicle constructed to be attached and propelled by a motor vehicle and that is capable of being used by persons for living, sleeping or eating, even if the vehicle is jacked -up or its running gear is removed. n) "Vehicle" shall mean a motor vehicle, trailer, traction engine, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car. o) "Zone" shall mean a designated area of land use as identified in the Township Zoning By -law 97 -95, as amended. 2.1 No person shall carry on, conduct, operate, lease or maintain a refreshment vehicle within the corporate limits of the Township without a license. 3. APPLICATION FOR LICENSING 3.1 Application for a license under this By -law shall be made to the Clerk in the prescribed form in Schedule "B" attached hereto which forms part of this By -law. 3.2 Each application shall be accompanied by appropnate approvals from the following agencies or ministries: Annual Inspection Report from The Health Unit; ii) Ministry of Transportation Clearance /Permit for Provincial Highways;(if applicable) iii) County of Simcoe Clearance /Permit for County Roads (if applicable). 3.3 Where a vehicle is powered by gas or propane, each application shall be accompanied by an annual Certification of Inspection by an authorized inspector for gas or propane installation by a licensed contractor. 3.4 Each application shall be accompanied by a letter from the Owner's insurance company assuring the refreshment vehicle owner carries a minimum of two million dollars public liability, property damage inclusive, against loss or damage resulting from bodily injury to or the death of one or more persons, or from loss of or damage to, property resulting from any one incident. In addition, all refreshment vehicle owners shall provide the Township of Oro Medonte with a copy of the liability certificate, which covers both the licensee and the municipality in the amount of $2,000,000.00 (Two Million Dollars). Such insurance shall contain an endorsement specifying that the municipality shall be given a minimum (30) thirty days written notice of any change, expiration, or cancellation of such policy. Page 22 of 137 Agenda Item 9c) Report No. CS 2009 -038, Doug Irwin, Director of Corporate Se... 3 3.5 Each application shall be accompanied by a letter of permission from the property owner where the vehicle is to be located when the operator is not the owner of the property. 3.6 Each application shall be circulated by the Clerk's Department to the following for approval: 4. FEES g) i) Fire and Emergency Services Department; ii) Planning Division; iii) Transportation Services; iv) Municipal Law Enforcement. 4.1 Prior to the issuance of a Refreshment Vehicle License, the applicant shall pay such fee as set out in Schedule "A" attached hereto and forming part of this by- law. 5. REQUIREMENTS OF LICENSEE 5.1 Every licensee shall: ensure that all foodstuffs are wrapped or sold in individual packages; a) ensure that every refreshment vehicle is equipped with a metal refuse container with a self closing lid, and such container shall be kept in a clean and sanitary condition and emptied at least once daily; or a disposable litter container which shall be replaced at least'orice daily; and such containers shall be used for the disposal of all refuse. b) ensure that every refuse Container is located in such a position on the vehicle so as to be easily accessible by persons making purchases while the vehicle is stopped; c) ensure that the vehicle and all parts and equipment for use in the dispensing of refreshments are maintained in a clean and sanitary condition and at all times in good repair; d) ensure that hard ice cream and related products are maintained in a hard condition in the vehicle at all times; e) ensure that no thawed or partially thawed products are refrozen, stored or sold from the vehicle; f) ensure that soft ice cream and related products are stored in a refrigerated cabinet suitable for the storage of soft ice cream and related products, as approved by the Health Unit; h) ensure that adequate refrigeration, as approved by the Health Unit, is provided for perishable foodstuffs which shall be kept so refrigerated; Page 23 of 137 Agenda Item 9c) Report No. CS 2009 -038, Doug Irwin, Director of Corporate Se... 4 i) ensure that the date of expiration is clearly and legibly marked on or affixed to the wrapper of all sandwiches or pre packaged food stuffs sold from the vehicle; j) ensure that beverages, which shall include but shall not be limited to, milk, juices, and soft drinks are only sold in individual disposable containers; k) ensure that where a vehicle is powered by propane, the vehicle is inspected and certified at the time of application and on an annual basis by an authorized inspector and such certification shall be filed with the Issuer of Licenses annually in the month of January, or at the time of application, or as may be required; I) ensure that where the vehicle is powered by propane, or as otherwise may be required by the Chief Fire Official or the Issuer of Licenses, a minimum five pound ABC dry chemical fire extinguisher shall be mounted on the vehicle and the operator of such vehicle shall be knowledgeable in the proper use of such fire extinguisher; m) ensure that vehicles from which hot, prepared foods are sold are so equipped as to maintain such foods so heated at a temperature as approved by the Health Unit; n) ensure that no LPG (liquified petroleum gas) LNG (liquified natural gas) or any combustible fueled appliance is operated within 10 feet (3 metres) of any structure, door, window, or opening which shall include an alcove or alleyway; o) ensure that the vehicle is free from holes, crevices or cracks and the surface is readily washable and is kept clean and in good condition; p) ensure that only single service condiments, milk, cream and sugar are used; q) ensure that only single service disposable cups, plates, forks, spoons, knives and containers are used and serviettes shall be provided from a dispenser. r) ensure that a recycling container is available. 5.2 Every person selling or handling refreshments and foodstuffs shall be clean and neat in appearance and shall maintain clean hands at all times. 5.3 No person employed with any licensee under this Section shall be suffering from any form of contagious disease while actively engaged in his work. 5.4 No licensee shall permit any individual other than a bona fide employee to operate the refreshment vehicle. 5.5 Every vehicle shall have posted or painted, in a contrasting colour, on one side, in clearly visible letters, the name of the business. 5.6 Every license issued under this By -law shall be displayed in a conspicuous location on the vehicle and shall be produced on demand by any Police or Peace Officer or an Official of the Township assigned the duties of enforcing this By- law. 5.7 No person shall hinder or obstruct, or attempt to hinder or obstruct, a Municipal Law Enforcement Officer in the exercise of a power or the performance of a duty under this By -law. 5.8 No refreshments shall be sold from a vehicle drawn by an animal. Page 24 of 137 Agenda Item 9c) Report No. CS 2009 -038, Doug Irwin, Director of Corporate Se... 5 5.9 No vehicle licensed under this By -law shall purport to sell or sell refreshments to the public while situated, standing or parked on a public highway, park or playground, or other public property within the corporate limits of the Township, unless having obtained Council authorization. 5.10 No vehicle licensed under this By -law shall be permitted in residential areas. 5.11 Refreshment vehicles licensed under this By -law shall be permitted to operate on commercially zoned private property. 6. EXPIRY 6.1 was obtained from the Township. 6.2 No person shall continue to operate under the authority of an expired license. A license shall terminate on December 31 of each year, regardless of the date it 7. REVOCATION 7.1 The Township may revoke, refuse or cancel any license at any time that does not comply or continue to comply with the provisions of the By -law. Notice of revocation of any license may be given by the' Township by registered letter signed by the Clerk, mailed or delivered to the last known address, and the license shall then cease and terminate, and be of no further effect. 8. ENFORCEMENT FINES 8.1 Every person who contravenes any provision of this By -law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act, R.S.O._1990, Chapter P. 33, and every such fine is recoverable under the Provincial Offences Act. 8. 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 and the Judge or Justice may convict any offender repeatedly for continued or subsequent breaches of the By- law and the provisions of the Municipal Act, S.O. 2001, c.25, as amended, from time to time, shall further apply to any continued or repeated breach of this By- law. 8.3 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 other provisions of the By -law which shall remain in full force and effect. 9. EXEMPTIONS 9.1 Notwithstanding the provisions of this By -law, no person shall be required to submit a license fee when refreshments are offered for sale in conjunction with the Oro World Fair or any Council authorized event for which prior approval of Council has been obtained or where the vehicle is accessory to a permitted use under the Zoning By -law. Page 25 of 137 Agenda Item 9c) Report No. CS 2009 -038, Doug Irwin, Director of Corporate Se... 9.2 Notwithstanding the provisions of this By -law, provided that the primary business is located in another municipality, a license will not be required for a vehicle with a valid license from another Municipality within the County of Simcoe, that sells refreshments that are refrigerated or maintained in a heated state, and sold at construction and business sites within the Township of Oro Medonte. 9.3 Notwithstanding Section 5.11, any refreshment vehicle that applied for a license and operated during 2009, shall be eligible for a license provided that the refreshment vehicle complies with all other provisions of this By -law. 9.4 Notwithstanding Sections 9.2 and 9.3, all other requirements of this by -law shall be met to maintain the safety of the public. 10. ENACTMENT 10.1 This By -law shall come into full force and effect on the date of its final passing. 10.2 This By -law may be referred to as the "Township of Oro Medonte Refreshment Vehicle By -law". 10.3 By -law 2003 -023 of the Council of The Corporation of the Township of Oro- Medonte is hereby repealed in its entirety. 11. GENERAL 11.1 That Schedules "A" and "B" as set out herein and attached hereto form part of this By -law. 6 BY -LAW READ A FIRST AND SECOND TIME THIS 16 DAY OF DECEMBER, 2009. BY -LAW READ A THIRD. AND FINAL TIME THIS DAY OF 2009. THE CORPORATION OF TI.W TOWNSHIP OF ORO- MEDONTE MAYOR, H.S. HUGHES CLERK, J. DOUGLAS IRWIN Page 26 of 137 Agenda Item 9c) Report No. CS 2009 -038, Doug Irwin, Director of Corporate Se... Annual License Fee $300.00 Note: Any change to Schedule "B" to By -Law No. 2009 -171 is subject to a new license.. SCHEDULE "A" TO BY -LAW NO. 2009 -171 FEES Page 27 of 137 Agenda Item 9c) Report No. CS 2009 -038, Doug Irwin, Director of Corporate Se... License Fee: $300.00 APPLICANT IDENTIFICATION: Registered Name of Business Name of Applicant Address of Applicant Operating Business Address Mailing Address Postal Code Telephone Numbers: Residence Contact Person /Position Owne of Property Vehicle to be Located On Address of Property Owner Letter of Permission from Pro perty Owner Inspection Report from Health Unit: OFFICE USE ONLY TOWNSHIP OF ORO- MEDONTE APPLICATION TO OPERATE A REFRESHMENT VEHICLE Name REFRESHMENT VEHICLE INFORMATION Type of Vehicle Being Used Type of Food Being Served Proposed Location of Vehicle Days of Operation Hours of Operation a.m. to Is a "Deep Fryer" Being Installed? OTHER INFORMATION Certificate of Inspectio f rom Lic Contractor. Minis of Trans portation C learance/Per mit: County of Simcoe Cle arance /Pe rmit Business The following approvals must be completed before the license can be jssued. Fire Chief Planning Division 1 Trppsoprtation Division 1 Chief Municipal Law Enforcement Officer Dated this day of Signature of Owner /Agent Date I Date I Date Date Received Received Received Received Received Received BY -LAW NO. 2009-171 SCHEDULE "B" Position Witnessed by Township Staff Page 28 of 137 Agenda Item 9d) Minutes of OMEGA meeting held on November 19, 2009. Township of P/ Proud Heritage, Exciting Future Thursday, November 19, 2009 7:08 p.m. Present: Councillor Mel Coutanche, Co -Chair Councillor Sandy Agnew, Co -Chair Robert Barlow, John Bosomworth, Meryl Drake, David Edwards, Ruth Fountain, Allan Johnson, David Kennedy (left at 7:20p.m.), Josephine Martensson Hemsted, Andy McNiven, Doug Shelswell, Mike Vandergeest Regrets: Councillor Terry Allison, Co -Chair Steve Cromwell, Wilfred McMechan, Gerry Murphy, Jim Purnell, Kimberly Wand Staff Present: Marie Brissette, Committee Coordinator Also Present: John Crawford, Bruce Keeling, Ken Ewens, Harold Roe, Linda Ambrose, Carol Norman, Vanessa Cooper 1. OPENING OF THE MEETING THE TOWNSHIP OF ORO- MEDONTE ORO- MEDONTE ENVIRONMENTAL GROUP ADVISORS (OMEGA) MEETING MINUTES Council Chambers *A digital recording of the meeting is availabe* Councillor Coutanche assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt the agenda. Motion No. OMEGA091119 -01 Moved by Drake, Seconded by Kennedy It is recommended that the agenda for the Oro Medonte Environmental Group Advisors meeting of Thursday, November 19, 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 6 Page 29 of 137 Agenda Item 9d) Minutes of OMEGA meeting held on November 19, 2009. OMEGA minutes of meeting held on Thursday, November 19, 2009. 4. MINUTES OF PREVIOUS MEETING: a) Minutes of the OMEGA meeting held on September 17, 2009. Motion No. OMEGA091119 -02 Moved by Martensson Hemsted, Seconded by Bosomworth It is recommended that the minutes of the OMEGA meeting held on September 17, 2009 be adopted as printed and circulated. 5. PRESENTATIONS: a) Zero Waste Simcoe. Motion No. OMEGA091119 -03 Carried. Moved by Barlow, Seconded by Fountain It is recommended that 1. That the powerpoint presentation presented by Councillor Agnew, re: Zero Waste Simcoe be received. 2. And That Council considers implementing Zero Waste Initiatives at Township facilities. Motion No. OMEGA091119 -04 Carried. Moved by Drake, Seconded by Bosomworth It is recommended that 1. Council establish an OMEGA Zero Waste Working Group. 2. And That Joshepine Martensson Hemsted and Ruth Fountain be appointed to the OMEGA Zero Waste Working Group. Carried. 6. ITEMS FROM PREVIOUS MEETING: None. Page 2 of 6 Page 30 of 137 Agenda Item 9d) Minutes of OMEGA meeting held on November 19, 2009. OMEGA minutes of meeting held on Thursday, November 19, 2009. 7. WORKING GROUP UPDATES: a) Oro Moraine Working Group, re: Oro Moraine Report Card. Motion No. OMEGA091119 -05 Moved by Bosomworth, Seconded by McNiven It is recommended 1. That the update from the Oro Moraine Working Group, re: Oro Moraine Report Card be received. 2. That OMEGA endorses the work to date by the Oro Moraine Working Group. 3. And That OMEGA supports the completion of the recommended indicators. b) Growth Issues None. c) Habitat None. Carried. d) Water Quality Lake Management Working Group, re: Re- vegetation of Ditch on Barrie Terrace. Motion No. OMEGA091119 -06 Moved by Martensson Hemsted, Seconded by Edwards It is recommended that the update from the Water Quality Lake Management Working Group, re: Re- vegetation of Ditch on Barrie Terrace be received. And That OMEGA requests that Council considers funding the project as an environmental initiative in the amount up to $1000.00. e) Sustainable Agriculture None. Carried. Page 3 of 6 Page 31 of 137 Agenda Item 9d) Minutes of OMEGA meeting held on November 19, 2009. OMEGA minutes of meeting held on Thursday, November 19, 2009. 8. COMMUNICATIONS: a) Correspondence dated May 4, 2009 from Holly Lillico, re: Rain Barrels. Motion No. OMEGA091119 -07 Moved by Shelswell, Seconded by Barlow It is recommended that 1. The correspondence dated May 4, 2009 from Holly Lillico, re: Rain Barrels be received. 2. And That the Water Quality Lake Management Working Group investigates the merits of rain barrels. b) Correspondence dated October 19, 2009 from James Waterhouse, Kids for Turtles Environmental Education, re: Bluff's Creek Stream Assessment and Rehabilitation Program. The item was deferred until the January 21, 2010 OMEGA meeting. c) Application for Grant /Subsidy received October 9, 2009 from Bruce Keeling, Director and Committee Chair, Huronia Woodland Owners Association, re: Application for Grant/Subsidy, Huronia Woodland Owners Association. Motion No. OMEGA091119 -08 Motion No. OMEGA091119 -09 Carried. Moved by Vandergeest, Seconded by Johnson It is recommended that 1. The Application for Grant /Subsidy from Bruce Keeling, Director and Committee Chair, Huronia Woodland Owners Association be received. 2. And That the Application for Grant /Subsidy from Bruce Keeling, Director and Committee Chair, Huronia Woodland Owners Association be granted in the amount of $4250.00 as an environmental initiative. Carried. Moved by Barlow, Seconded by Fountain It is recommended that 1. OMEGA receives all Applications for Grants or Subsidies no later than September 1st for consideration at their next scheduled meeting and failing that, applications will not be considered by OMEGA in that calendar year. 2. And That notice of this be printed in the Oro Medonte Recreation Brochure and in the North Simcoe Community News. Carried. Page 4 of 6 Page 32 of 137 Agenda Item 9d) Minutes of OMEGA meeting held on November 19, 2009. OMEGA minutes of meeting held on Thursday, November 19, 2009. d) Correspondence dated October 15, 2009 from the Lake Simcoe Region Conservation Authority and adressed to OMEGA's Water Quality /Lake Management Working Group, re: You're a Watershed Hero! Motion No. OMEGA091119 -10 Moved by McNiven, Seconded by Shelswell It is recommended that the correspondence dated October 15, 2009 from the Lake Simcoe Region Conservation Authority and adressed to OMEGA's Water Quality /Lake Management Working Group, re: You're a Watershed Hero! be received. 9. OTHER BUSINESS QUESTIONS a) Update of lists from October /November 2007. Motion No. OMEGA091119 -11 Moved by Martensson Hemsted, Seconded by Edwards It is recommended that the November 2009 Update of Issues and Opportunities be received. b) Mandatory training, re: Accessibility Standards for Customer Service. Training was provided by Vanessa Cooper, Administrative Assistant and Marie Brissette, Committee Coordinator. 10. NEXT MEETING DATE Thursday, January 21, 2010 at 7:00 p.m. Carried. Carried. Page 5 of 6 Page 33 of 137 Agenda Item 9d) Minutes of OMEGA meeting held on November 19, 2009. OMEGA minutes of meeting held on Thursday, November 19, 2009. 11. ADJOURNMENT a) Motion to adjourn. Motion No. OMEGA091119 -12 Moved by Drake, Seconded by McNiven It is recommended that we do now adjourn at 9:50 p.m. Councillor Mel Coutanche, Co -Chair Absent Councillor Terry Allison, Co -Chair Councillor Sandy Agnew, Co -Chair Carried. Marie Brissette, Committee Coordinator Page 6 of 6 Page 34 of 137 Agenda Item 9e) Robin Dunn, Chief Administrative Officer, re: Proposed 2010 2010 Construction Projects Resurfacing Projects 314,000 Line 7 Tapering 45,000 Line 10 Eady Sd Rd to County Rd 19 345,900.00 Bass Lake Sd Rd Line 8 to Line9 466,000 Line 1 5/6 Sd Rd to Ridge Road 413,000 Line 3 ditch setback 13,400 Mill St Rail Trail to Lake 56,000 Bass Lake Sd Rd at Line 13 85,000 Line 8 Hill north of HST VR 90,000 Total 1,828,300 Line 11 Rail Trail to Lake 126,000 Remove as 1% Capital 2010 Paving Projects Line 11 15/16 Sd Rd to Barrie Rd 210,000 Line 11 Mt Rd to Warminster Sd Rd 233,000 Line 5 Vasey Rd to Peter St 156,000 Line 1 Hwy 11 to 5/6 Sd Rd 246,500 Line 8 Warminster Sd Rd to HVR 210,000 Barrie Terrace 20,000 Huron Woods Drive 198,400 Line 9 Hwy 11 to 15/16 Sd Rd 212,300 Line 9 15/16 Sd Rd to Barrie Rd 233,100 Forest Home Rd 169,400 Line 12 15/ /16 Sd Rd to Hwy 11 154,000 Colborne St 21,000 Dunns Line Hill 27,000 Line 10 Culvert Rehab 388,000 Total cost to date 31,319.85 Total 2,478,700 e Page 35 of 137 Agenda Item 9e) Robin Dunn, Chief Administrative Officer, re: Proposed 2010 MEMORANDUM To: Mayor And Members of Council cc: From: Richard Playfair Fire Chief Director of Fire Emergency Services Date: December 12, 2009 Subject: Personal Protective Gear Maintenance Program INTRODUCTION BACKGROUND Page 36 of 137 Proud Heritage, Exciting Future To better inform Council and provide clarification to the issue of Personal Protective Gear Maintenance Program the following memo has been developed. It will provide the background to how the Fire Emergency Services Department previously maintained the protective gear. The identification as to the deficiency in maintenance of gear and what steps in the process the Fire Emergency Services has done to correct the situation. Turn out Gear Cleanina Repair Early May of 2009 during an unscheduled inspection it was identified that many pairs of turnout gear were in an unacceptable condition. It was evident that cleaning and repairs had not been performed for some time. At that time it also was uncovered that approximately 80% of the Departments turnout gear was being "bagged On further inspection, the condition of the turnout gear in the bags were in even more need of cleaning and repair. Investiaated the previous process of cleanina Once the problem had been uncovered staff reviewed the previous means of maintaining the Personal Protective Gear and found that gear was only cleaned on request of the firefighter, sent to a cleaning firm in Barrie, with no developed program in place. Gear was subsequently cleaned in some cases and returned however in other cases it was cleaned, repaired and failed in the moister barrier test. This sporadic process became very expensive and within a very short time in the year the personal protective cleaning budget became exhausted. Therefore, never at any time did all personal protective gear in the Department receive its annual inspection. Agenda Item 9e) Robin Dunn, Chief Administrative Officer, re: Proposed 2010 Identified the reason for unmaintained aear The reason for unmaintained gear was simply put, there was no policy or program for cleaning and repairing. Firefighters were not informed of the frequency of cleaning or repairing their protective gear and how many times it must be cleaned. Every station developed on their own that placing it in a bag was status -quos and the protective gear was left in the bags from one incident to another without cleaning or inspecting it's condition or cleanliness. Most of the gear in bags were contaminated with remnants of fire and in some cases a great health concern in terms of bloodborne pathogens. Initiated the maintenance process It was quickly identified that we required to develop a program and recall all units for cleaning. The Department purchased a washer and dryer (as specified by the manufacturers cleaning instructions) and commenced to clean all turnout gear in the Department. A total of 118 units were washed as per the manufactures instructions and also complying with NFPA standards. Initiated a third party insoection process Immediately a third party was contacted in order to give us an accurate assessment on the condition of protective gear units. Inservus of North Bay are a highly recognized Company in the business of personal protective gear inspection. The testing process was conducted over a three day process. Representatives of Inservus had positive comments about our methods of maintaining and especially cleaning of the personal protective gear. Comoilation of results Inservus attended Oro Medonte Fire Emergency Services Headquarters to perform a Department wide assessment of the gear. These were the results: Evaluated for repairs to gear 324 pieces (4 pieces per ensemble) Tested 228 pieces (114 units) Failed Vapor Barrier Testing 64 pieces (32 units) INPUT FROM OTHER RESOURCES Section 21 Committee recommendations NFPA Standards (Best Practices) Occupational Health Safety Act Requirements INNOTEC Manufacturers Instructions FINANCIAL The justification for the $51,250 for additional Bunker gear is to replace all units that were failed during the testing process The justification for the $20,000 for Phase I of Bunker Gear Racks to ensure that gear is maintained in proper order. 1 INTERCONNECTING PROGRAMS 1 Bunker Gear Racks for 3 Stations this year in order to maintain and prevent moister barrier breakdown and continued contamination of the garments. 2 Page 37 of 137 Agenda Item 9e) Robin Dunn, Chief Administrative Officer, re: Proposed 2010 CONCLUSION 1 The personal protective gear maintenance program is an important Health Safety issue which requires a constant supervision in order to keep it on track. The cleaning and maintaining of protective gear is the responsibility of the employer and in turn, ensuring the firefighter that we will provide adequate protection while they perform their emergency functions. The Oro Medonte Fire Emergency Services has written documentation on the instructions and the process of maintenance from the Manufacturers and Quality Control Vendors alike. However, in order to be successful in this endeavor I highly recommend that we must provide a method of storage of personal protective gear in order to prevent any future breakdown and contamination that would adversely affect the firefighter. Submitted By: Richard Playfair Fire Chief Director of Fire Emergency Services -3 Page 38 of 137 S v .j MANAGEMENT SYSTEMS Dec. 10, 2009 Chief, Agenda Item 9e) Robin Dunn, Chief Administrative Officer, re: Proposed 2010 Chief Richard Playfair Oro Medonte Fire Dept. 1971 Bond Street. North Bay, Ontario P1B 4V7 Tel.: 705 476 -4022 1- 888- NSERVUS(673 -7887) Fax: 705 476 -6474 inservus @bellnet.ca 24 Hour Emergency Response At your request Inservus Managements Systems has reviewed your procedures and new policies implemented over the past year and have found the Oro Mendonte Fire Department to be compliant to the N.F.P.A. 1851 Standard 2008 Edition. The procedures and policies should follow the N.F.P.A. Standard for Selection, Care and Maintenance of proximity and structural firefighting ensembles with the goal of protecting the firefighters in the performance of their assigned functions; their safety being priority. These procedures have not been followed in the past which is evident by the condition of the bunker gear. Unfortunately, several pieces of gear had to be removed from service or retired prematurely because of poor maintenance and improper storage. The cost to repair some of the pieces would not justify the length of service the department would receive because of the absence of a maintenance program. As an Independent Service Provider (ISP) and Verified By Underwriters Laboratories, we are certified to do the Annual Evaluations required by the N.F.P.A. 1851 Standard. We have reviewed the cleaning policies and procedures, which include washing and drying and they are compliant with the Standard. The maintenance program is on track but the storage issue should be addressed. These procedures are al cost effective in the long term as well. All in all we believe the Oro Medonte Fire Department is on the right track. Yours in Firefighter Safety, Valerie Croghan Inservus Management Systems Page 39 of 137 G/L ACCOUNT NUMBER DEPARTMENT 1.61.611.221.657 1.65.651.214.738 1.66.664.229.862 1.65.651.209.670 1.66.664.227.860 1.69.690.233.744 1.69.690.221.664 1.69.691.231.673 1.69.693.231.673 1.69.696.231.673 1.69.690.211.709 1.80.803.331.653 1.80.803.339.653 1.66.664.227.860 1.67.671.209.849 1.91.603.111.540 1.91.924.211.673 1.92.915.111.530 1.93.919.211.849 1.77.771.223.728 1.77.771.223.801 1.77.772.209.778 1.78.781.234.761 1.63.631.221.669 1.76.761.111.508 1.76.761.209.753 1.61.665.211.669 1.61.665.111.574 2.69.690.281.910 2.69.690.150.574 2.80.801.281.910 2.80.801.150.574 2.91.911.281.910 CAD's Office Council Shared Costs Council Shared Costs Emergency Services Emergency Services Emergency Services Emergency Services Emergency Services Emergency Services Roadways Roadways Roadways Shared Costs History Association Parks sports Fields Parks sports Fields Recreation Facilities Programs Environmental Iniatives Environmental Iniatives Environmental Iniatives Planning Corp. Services /Clerk MLE MLE CAO's Office CAO's Office Emergency Services Emergency Services Roadways Roadways Parks Recreation per draft budget 2009/11/18 Conference fees Promotional items Performance management Meeting expenses Computer Hardware ID card printer Tower rentals Office Supplies Station 1 repairs Station 3 repairs Station 6 repairs Safety equipment cleaning Capital Financing construction Line Painting materials Hardtop shoulder materials Computer Hardware Supplies Ball Diamond Rentals Other parks repairs Ice Rentals Other Community Events NVCA Levy LSRCA Discretionary Expenses Consultant Fees Education/Training Tickets, Fines Pound Services Accessibility Training Transfer from Reserve Vehicle Purchases Transfer from Reserve Vehicle Purchase Transfer from Reserve Vehicle Purchase TOWNSHIP OF ORO- MEDONTE 2010 BUDGET ADJUSTMENTS FROM TO 3,400 2,000 -1,400 6,000 5,000 -1,000 20,000 18,000 -2,000 1,200 1,000 -200 28,250 24,550 -3,700 9,000 8,500 -500 1,400 1,200 -200 3,000 2,400 -600 9,500 7,500 -2,000 3,500 2,500 -1,000 8,000 7,000 -1,000 100,000 15,000 0 15,000 21,000 16,000 -5,000 24,550 19,550 -5,000 1,000 200 -800 13,000 14,000 -1,000 7,500 5,000 -2,500 265,000 270,700 -5,700 7,000 2,000 -5,000 161,218 148,777 12,441 51,222 25,454 25,768 10,000 5,000 -5,000 10,000 8,000 -2,000 13,000 10,833 -2,167 16,000 21,000 -5,000 12,000 17,000 5,000 10,000 5,000 -5,000 10,000 -5,000 5,000 60,000 50,000 10,000 60,000 50,000 10,000 30,000 25,000 -5,000 190,000 185,000 5,000 30,000 25,000 -5,000 784,528 784,028 783,828 783,228 781,228 780,228 779,228 679,228 664,228 659,228 654,228 653,428 652,428 649,928 644,228 639,228 626,787 601,019 596,019 594,019 591,852 586,852 591,852 586,852 591,852 581,852 591,852 586,852 591,852 586,852 To December9 2009 CUMULATIVE TAX LEVY TAX LEVY IMPACT IMPACT INCR. 792,828 7.80% 791,428 7.78% 790,428 7.77% 788,428 7.75% 788,228 7.75% 7.72% 7.71% 7.71% 7.70% 7.68% 7.67% 7.66% 6.68% 6.53% 6.48% 6.43% 6.43% 6.42% 6.39% 6.34% 6.29% 6.16% 5.91% 5.86% 5.84% 5.82% 5.77% 5.82% 5.77% 5.82% 5.72% 5.82% 5.77% 5.82% 5.77% \GIL ACCOUNT NUMBER 2 1.31.3 12.105.460 v 0 W DEPARTM parks Recrea OMPF Corporate Revenues Transfer from Reserve e.. 5 TOWNSH{P OF ORO-MEDON1t 2010 BUDGET ADJUSTMENTS GUM TIV TAX LEVY TAX LEVY INCR. FROM TO IMPACT IMPACT_. nsO 5.52°10. -218,006 -213,000 5,000 Agenda Item 10a) Report No. TS 2009 -36, Jerry Ball, Director of Transportatio... Report No. TES2009 -36 Meeting Date: December 16, 2009 Roll It is recommended that: BACKGROUND: ANALYSIS: REPORT Subject: No Parking Zones on Lakeshore Road, East and West of Line 7 South Proud Heritage, Exciting Future To: Prepared By: COMMITTEE OF THE WHOLE Jerry Ball Motion R.M.S. File RECOMMENDATION(S): Requires Action X For Information Onlyu 1. THAT Report No. TES2009 -36 be received and adopted. 2. THAT the Clerk brings forward the appropriate By -Law to prohibit parking along Lakeshore Road, east and west of Line 7 South. 3. AND THAT the appropriate signage be erected to properly identify these areas. In October, 2009, Report No. CS2009 -030 was presented to Council recommending a "No Parking" zone on Black Forest Lane, as well as offering parking at the Bayview Memorial Park and Line 9 boat launch for winter recreational activities. Staff was also instructed to investigate other areas where parking could be accommodated along roadways during the winter months, so as not to interfere with winter maintenance operations. Upon review of the existing "No Parking" zones on Lakeshore Road both east and west of Line 7 South, as well as the areas where parking is permitted, Transportation staff recommends the following: Black Forest Lane be restricted to a "No Parking Zone" from the intersection of Ridge Road West, south and easterly for a distance of 425 metres. Parking be permitted on the north side of Black Forest Lane, commencing 140 metres from the intersection of Ridge Road West and Black Forest Lane to the cul -de -sac. Transportation and Environmental Services December 16, 2009 Report No. TES2009 -36 Page 1 of 3 Page 42 of 137 Agenda Item 10a) Report No. TS 2009 -36, Jerry Ball, Director of Transportatio... Line 7 South be restricted to a "No Parking Zone" for a distance of 875 metres northerly from Lake Simcoe, on both the east and west sides of the road. Lakeshore Road West be restricted to a "No Parking Zone" on the north side of the road from Line 7, westerly for a distance of 470 metres. Parking be permitted on the north side of Lakeshore Road West for a distance of 930 metres, commencing 150 metres westerly of the 90 degree corner. Lakeshore Road West be restricted to a "No Parking Zone" on the north side of Lakeshore Road from Line 6, south easterly for a distance of 1,720 metres. Parking be permitted on the north side of Line 11 South commencing at the Girl Guide camp entrance, southerly for a distance of 150 metres. Lakeshore Road East be restricted to a "No Parking Zone" on the south side of the road from Line 13, westerly to Line 12. Line 12 South be restricted to a "No Parking Zone" on the west side of the road, from the rail trail south to Lake Simcoe. Line 12 South be restricted to a "No Parking Zone" on the east side of the road, commencing 125 metres north of Lakeshore Road to Lake Simcoe. Lakeshore Road be restricted to a "No Parking Zone" on the north side of the road from the intersection of Line 12, easterly for a distance of 125 metres. Parking be permitted on the north side of Lakeshore Road westerly, commencing 125 metres west of Line 13 to 125 metres east of Line 12. All permitted parking areas will be signed to advise that parking is permitted for recreational purposes during the winter season. FINANCIAL: Signage identifying that parking for winter recreational activities is permitted will need to be erected in the above -noted locations. Additional "No Parking" signs will also be required. POLICIES /LEGISLATION: By -Law to provide for the restriction and regulation of parking on highways under the jurisdiction of The Corporation of the Township of Oro Medonte. CONSULTATIONS: Chief Municipal Law Enforcement Officer Director of Corporate Services Manager of Transportation Services Transportation and Environmental Services December 16, 2009 Report No. TES2009 -36 Page 2 of 3 Page 43 of 137 Agenda Item 10a) Report No. TS 2009 -36, Jerry Ball, Director of Transportatio... ATTACHMENTS: None CONCLUSION: The aforementioned areas along Lakeshore Road, east and west of Line 7 South be included in the By -Law for the restriction and regulation of parking and signed accordingly. Also, signage permitting parking for winter recreational activities be erected in the areas identified within this report. Respectfully submitte Jerryl; C.R.S.S. Director o Transportation and Environmental Services SMT Approval Comments: C.A.O. Approval Comments: Transportation and Environmental Services December 16, 2009 Report No. TES2009 -36 Page 3 of 3 Page 44 of 137 Agenda Item 10a) Report No. TS 2009 -36, Jerry Ball, Director of Transportatio... Page 45 of 137 M. Agenda Item 10a) rN 1 Page 46 of 137 Agenda Item 10a) Report No. TS 2009 -36, Jerry Ball, Director of Transportatio... 1 s Page 47 of 137 T+tchP REPORT Proud Hrrlgpr, ExnNng Fnrurc Report No. DS 2009 -076 Meeting Date: December 12, 2009 Roll 4346 -010- 003 -14800 4346- 010- 003 -14702 BACKGROUND: Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... TOWNSHIP OF ORO- MEDONTE To: Council Subject: Zoning By -law Amendment 2009 ZBA -19 to 2009 ZBA -23 inclusive (Indian Park Association) Huronwoods Drive, Oneida Avenue, Algonquin Trail (Formerly Oro Township) Prepared By: Meghan Keelan, Planner Motion R.M.S. Files D14 39822 D14 39823, D14 39824 D14 39825, D14 39826 RECOMMENDATION(S): Requires Action[] For Information Only[] It is recommended: 1. THAT Report DS 2009 -076 be received and adopted; 2. THAT Zoning By -law Amendment Applications 2009 ZBA -19 to 2009 -ZBA- 23 for Indian Park Association, Concession 6, Parts of Lot 2 3, Part of Blk A Plan M -9, Pt of Blk A Plan M -30, Pt of Blk B Plan M -30, Pt of Blk D Plan M- 8, (Former Oro Township) Township of Oro Medonte, on Schedule A16 on the Zoning By -law 97 -95 (as amended) from the Private Recreation Exception 114 (PR *114) Zone to the Residential One Exception 113 (R1 *113) Holding Zone and Residential One Exception 194 (R1 *194) Holding Zone be approved; and 3. THAT the Clerk bring forward the appropriate By -laws for Council's consideration. The purpose of this report is to consider proposed Zoning By -law Amendments submitted by MHBC Planning on behalf of Indian Park Association. As Council is aware the Association is in the process of dissolution. As such they submitted applications to create six residential lots in 2009. All six lots were approved by the Committee of Adjustment; two lots known as Lots 4 and 5 were approved January 29, 2009 and the remaining four lots (Lots 2, 3, 13 and 14) were approved on August 20, 2009. Each lot was approved with a condition requiring a rezoning to permit the intended residential use. The lots are located within the existing Sugarbush subdivision; four are located on Huronwoods Drive, one on Algonquin Trail, and one on Oneida Ave. The Sugarbush subdivision is located south -west of Horseshoe Valley Road and Line 6. Development Services Meeting Date December 16, 2009 Report No. DS 2009 -076 Page 1 of 16 Page 48 of 137 Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... At this time we are only proposing to proceed with rezoning five of the six lots. Due to concerns raised at the public meeting, specifically the information that there is potentially an endangered tree species (Butternut) located on the lot; Lot 2, the most northerly lot on Huronwoods, will not be considered at this time. The Township and the applicant are investigating this matter further. The applicant is proposing residential uses on the lots which were previously used for private recreation purposes as part of the lands commonly held by Indian Park Association. ANALYSIS: On November 25 2009, a public meeting was held as per the requirements of the Planning Act to receive comments from members of the public and relevant agencies. Several residents and the applicant's agent made presentations at the meeting. The following discussion addresses their public meeting comments and those raised in correspondence received prior, and subsequent, to the public meeting. a) Reduced setback from steep slope (23m required, 8m requested) The applicant has reviewed the existing conditions in the subdivision. As per their letter dated December 4, 2009, the majority of the existing homes in the subdivision are located closer than 8m (26.2ft) to a steep slope and in some cases the homes are built right into the steep slope. Therefore, as there have been no known adverse effects to date with the homes being sited near and in some cases within the steep slope, the applicant believes the requested reduced setback is appropriate. As these lots will be subject to a Holding provision requiring Site Plan Control, the lots will be undergoing scrutiny (including certified lot grading) during the Site Plan process. Planning staff are not aware of any problems to date as a result of placing a building near or within the slopes of the subdivision, and with the requirement for certified lot grading, it will be ensured that future buildings will be located in a safe manner on the lots despite the reduced setback. b) Are the suggested building envelopes large enough to accommodate a septic system and dwelling unit. The lot size and building envelopes were reviewed during the consent process. The building department did not raise any concerns regarding locating a septic system on the lots. Generally, it is accepted that a dwelling and septic system can be accommodated on 0.2ha (0.5ac) of lot area, which is why the Residential One (R1) Zone requires a minimum lot area of 0.2ha. The lot areas of the subject lots range from 0.24ha (0.6ac) to 0.5ha (1.2ac). Therefore they are deemed to have sufficient area to accommodate a dwelling and septic system. This will also be subject further review and scrutiny during the building permit stage. Development Services Meeting Date December 16, 2009 Report No. DS 2009 -076 Page 2 of 16 Page 49 of 137 1 Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... c) Request for an Archeological Study. Staff recommends that a Holding (H) Provision be placed on the subject lands and that an Archaeological Study in accordance with the Ministry of Culture requirements be undertaken prior to the Holding provision being removed. The applicant supports this condition. d) Residents raised concerns regarding tree preservation. Planning Staff and the applicant have recommended that a Holding Provision requiring Site Plan Control be placed on the lots. Through the Site Plan Control process Township Staff will be able to review proposals for new dwellings and ensure that trees are retained on the lots. Ultimately, the Site Plan will be approved by Council and an Agreement registered on title identifying areas of tree preservation on each lot. e) Council raised the possibility of implementing Site Plan Control. At the public meeting, Council suggested that Site Plan Control may be an appropriate mechanism for addressing residents concerns. Both Planning Staff and the applicant agree with this suggestion and therefore it is recommended that the lots be rezoned with a Holding Provision requiring a Site Plan Agreement be entered into and executed prior to the Holding Provision being removed and a building permit applied for. f) Council asked Staff to research the covenants of Sugarbush to determine if there were restrictions on future homes. The municipality does not record or track covenants for communities. The applicant confirmed at the meeting that, to their knowledge, there were no covenants restricting future residential development. Staff was unable to obtain further information in this regard. Also, as indicated in the Planning Staff report associated with the consent applications, the lands are designated residential thereby permitting the lots which were created. g) Adequate water supply. During the consent and rezoning processes the Engineering Department was circulated. No concerns were raised with regard to the ability of the water system to handle the additional lots. Since the Public Meeting, Township staff have received other comments in writing and verbally. These additional concerns are discussed below. h) Proximity of building envelopes on Lots 4 5 to lots on Seneca Lane. Lots 4 and 5 are the largest lots proposed by IPA, while they have requested a reduced setback to the steep slope, they are not reducing the required rear yard setback of 8m (26.2ft). As per the drawings submitted by the applicant, which identify the surveyed toe Development Services Meeting Date December 16, 2009 Report No. DS 2009 -076 Page 3 of 16 Page 50 of 137 Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... of slope, the slope starts approximately midway between the road and the rear lot line. Therefore even with a reduced setback to the steep slope the building envelope is restricted to the front portion of the lot. Staff have reviewed the surveyed elevations on the submitted drawing. Near the road, the lots are approximately 102 meters above sea level. The lots with frontage on Seneca Lane appear to be approximately 120 meters above sea level. Therefore there is approximately 18m (59ft) between the grade at ground level of the building envelope area of Lots 4 and 5 and the lots on Seneca Lane. The maximum building height for dwellings in Zoning By -law is 11m (36ft). Therefore, the lots on Seneca Lane would be above the potential maximum building height. i) Infill in Sugarbush. The Provincial Policy Statement and the Places to Grow Growth Plan considers infill development and intensification in a designated settlement area as appropriate. Sugarbush is considered a designated settlement area. Additional lots in a subdivision with municipal water where septic systems can be accommodated would be a requirement for appropriate development. j) Traffic on Horseshoe Valley Road /County Road 22. The Township cannot comment on the state of traffic on Horseshoe Valley Road, as Horseshoe Valley Road is a County of Simcoe road. The County was circulated during the consent process and no comments were received. k) Access to community mail box. The Township does not have jurisdiction over the location of mail boxes. The location of community mail boxes are addressed by Canada Post. I) Traffic and pedestrian safety on curves of Huronwoods. The Transportation and Engineering Department reviewed the proposed lots during the consent process and again during the rezoning application. This department did not forsee any concerns with access to the roads from the proposed lots. All entrances would be required to meet Township standards. m) Trail system Residents have raised concerns about the possible effect of the lots on the trail system. The trail system is on private land not owned by the Township. The applicant has identified that one portion of the trail will need to be and can be realigned. The applicant has indicated the other proposed lots will not affect any other sections of the private trail system. Through the implementation of the Site Plan Control process the Township's best efforts will be made to ensure as many trees are retained as possible thereby minimizing the impacts to the trails as much as possible. Development Services Meeting Date December 16, 2009 Report No. DS 2009 -076 Page 4 of 16 Page 51 of 137 Summary Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... Several concerns regarding Lot 2 were raised at the public meeting. Both Township staff and the applicant realize that more time is required to address these concerns and therefore the consideration for Lot 2 is not being brought forward at this time. Based on the comments received from agencies and residents as well as Staff's review of the relevant policies (below), it is proposed in order to appropriately address these concerns that the lots be rezoned to R1 *113 and R1 *194 with a Holding Provision. It is recommended that the Holding Provision remain in place until the following conditions have been met: Archeological Studies completed according to the Ministry of Culture requirements; and Site Plan Agreement registered on title addressing tree retention, certified lot grading, and building location. FINANCIAL: Not applicable. POLICIES /LEGISLATION: This section will review the relevant planning documents and determine if residential uses are appropriate on the subject lands. Township of Oro Medonte Official Plan: The subject lands are located within the Sugarbush subdivision and are designated "Residential Sections A4.2.3 and C14.2.2 of the Official Plan address the Sugarbush settlement area. Section A4.2.3 speaks to the settlement area strategy for Sugarbush. This policy states that some growth on municipally owned water system and private septic systems can occur and that specifically the Sugarbush settlement area is primarily a residential community. Single detached dwellings, home occupations, private recreation facilities, Bed and Breakfast establishments and open space uses are permitted in the "Residential" designation (C14.2.2). This policy also states that new development in this area should be serviced by municipal communal water systems and private septic systems; therefore further residential development was contemplated for this settlement area. It is therefore the opinion of the Planning Department that the proposed rezonings conform to the Official Plan. Development Services Meeting Date December 16, 2009 Report No. DS 2009 -076 Page 5 of 16 Page 52 of 137 Zonina By -law 97 -95: Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... The land is currently zoned Private Recreation Exception 114 (PR *114), which permits a recreation center. This exception also set outs a definition of the permitted uses as accessory to the recreation center and the provision for the use. A dwelling unit occupied by a caretaker employed by the owners of lots within the subdivision is permitted. The applicant is proposing to rezone the lands to Residential One (R1) with exceptions. Specifically, Lots 3, 13 and 14 would be placed in the R1 *113 H Zone. Lots 4 and 5 would be placed in the R1*194 H Zone. The requested zones would permit single family detached dwellings, home occupations, private home daycare and residential care homes. The exceptions are required to address the unique situations of this older subdivision. The applicant has requested the existing Residential One Exception 113 (R1 *113) for Lots 3, 13 and 14. The existing dwellings in this portion of the subdivision are zoned R1 *113. This exception sets out specific setbacks for dwellings. The applicant also requires an additional exception zone Residential One Exception 194 (R1*194) for Lots 4 and 5. This exception would impose the same setbacks as the R1 *113 for a single detached dwelling with an additional exception from the provision for setback from a steep slope. Section 5.32 of the Zoning By -law requires that all buildings and structures are setback 23m (75.4ft) from a steep slope. A steep slope is defined as having an incline greater than 3:1 or 33 The applicant has had a surveyor verify the location of any slopes on the proposed lots. Lots 4 and 5 have a slope that is greater than 3:1 which starts approximately midway through the property and climbs towards the rear lot line. In order to accommodate an appropriately sized building envelope, the applicant is requesting an 8m (26.2ft) setback from the steep slope. They have justified this request based on a review of the surrounding residences, wherein they are located closer and in some cases on the slopes within this subdivision. The Residential One Exceptions 113 and 194 Zones require a minimum lot area of 0.2 hectares and a minimum lot frontage of 30m. The subject lots have an area ranging from approximately 0.24 hectares to 0.5 hectares and a range of approximately 37 metres to 96 meters of lot frontage. Therefore, they meet the minimum standards for the requested exception zones. As discussed the detailed location of the dwelling and the required septic system would be regulated through the building permit process. In order to adequately address the concerns raised during the public meeting, Township staff are requesting that a Holding Provision be placed on the lands. The proposed by- laws stipulate that the Holding Provision would not be removed until a Site Plan Agreement had been entered into addressing tree retention, certified lot grading, building location, as well as the completion of an Archaeological Study on the lots. An archaeological study is not a standard requirement of the Site Plan process. However, residents have raised concems regarding the potential for discovering artefacts and therefore it is included, with the applicant's concurrence. Development Services Meeting Date December 16, 2009 Report No. DS 2009 -076 Page 6 of 16 Page 53 of 137 Based on this analysis, the Planning Department has determined that residential uses on the subject lands would be appropriate with the additional conditions. County Official Plan Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The current County Plan identifies Sugarbush as a settlement area. As per Section 4.1 of the Plan residential uses are permitted in settlement areas and they are to be the focus of growth and development. The County Plan contains General Development Policies and Guidelines which are found in Section 4.3. These policies are focused more on the design and layout of proposed developments. The policies which are applicable in this situation require that proposed developments consider the minimization of removal of natural vegetation, and the scale and pattern of development being compatible with the character of the existing area. The proposed lots are similar in size and scale to the surrounding residential lots. Also with the imposition of a Holding Provision requiring Site Plan Control in the interest of tree preservation the Township has implemented steps to minimize the removal of natural vegetation. The adopted County Plan continues to include the General Development Policies described above. The adopted Land Use schedule identifies Sugarbush as an "urban area In this categorization the Plan states that the local level policies apply. Therefore as it has been determined that the proposal conforms with the local Official Plan, it conforms with the adopted County Plan. It is our opinion that the proposed rezonings generally conforms to the policies of both County Official Plans (approved and adopted). Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS has been reviewed in terms of this proposal; the following policies are pertinent to the application. Policy 1.1.3.1 "Settlement Areas" states that they should be the focus of growth with appropriate services. The proposed lots will be serviced by municipal water and private individual septic systems. These lots are considered development in a settlement area on appropriate services. Policy 1.1.3.3 requires planning authorities to identify and promote opportunities for intensification where it can be accommodated. As discussed in the Township Official Plan section of this report the Township has identified Sugarbush as a location for additional limited development as it has municipal water and septic systems can be accommodated. Development Services Meeting Date December 16, 2009 Report No. DS 2009 -076 Page 7 of 16 Page 54 of 137 As per Policy 1.6.4.5 "Sewage and Water Infrastructure" development partial services (such as the subject application) is permitted provided that it is within a settlement area, it is within the reserve capacity and site conditions are suitable for the long term provision of such services. The Township Engineering Department has confirmed that the municipal water system can accommodate the additional dwellings and will be able to continue providing water long term. The proposed lots meet and exceed the minimum lot area standard and therefore are deemed to be of a sufficient size to accommodate septic systems. Therefore the requirements of the PPS to permit development on partial services are met. The proposed Amendment to the Zoning By -law is considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow Growth Plan for the Greater Golden Horseshoe policies that have been in place since 2006. The Growth Plan calls for creating complete communities with a mix of residential, recreation and commercial uses within settlement areas. Policy 2.2.9 "Rural Areas" of the Growth Plan, directs growth and development to settlement areas, such as the Sugarbush subdivision. Specifically subsection 2.2.9.3 directs new residential units to areas with approved designation or zoning. As this parcel is already designated for residential uses it conforms to the policies of the Growth Plan. CONSULTATIONS: County of Simcoe- No Comment Simcoe County District School Board- No Objection Internal Departments No Concerns Public Meeting and Resident Correspondence Comments Recieved ATTACHMENTS: Schedule 1: Schedule 2: Schedule 3: Schedule 4: Schedule 5: Schedule 6: Schedule 7: Development Services Report No. DS 2009 -076 Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... Location Map Applicant's Proposed Building Envelope Lot 3 Applicant's Proposed Building Envelope Lot 4 Applicant's Proposed Building Envelope Lot 5 Applicant's Proposed Building Envelope Lot 13 Applicant's Proposed Building Envelope Lot 14 Letters received Meeting Date December 16, 2009 Page 8 of 16 Page 55 of 137 CONCLUSION: Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... The Zoning Amendment application proposes to rezone five lots created by consent from Private Recreation to Residential One Exception 113 Holding and Residential One Exception 194 Holding, as the properties are suitable for residential uses but require further study and analysis to confirm building envelopes. The proposed Zoning By -law Amendment conforms to the provincial plans, the County Official Plans and the Townships Official Plan. On this basis, it is recommended that Zoning By -law Amendment Applications 2009 ZBA -19, 2009 ZBA -20, 2009 ZBA -21, 2009 ZBA -22 and 2009 ZBA -23 be approved and adopted by Council. The amending Zoning By -law Amendments, which contains an exception to reduce the setback to steep slopes, and imposes Holding Provision are attached for the Council's reference. Res»ectfullsubmitted: Reviewed by: i9 Meghan Keelan, B.E.S Planner Glenn White, MCIP RPP Manager of Planning Services SMT Approval Comments: 1 C.A.O. Approval Comments: Development Services Meeting Date December 16, 2009 Report No. DS 2009 -076 Page 9 of 16 Page 56 of 137 Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... SCHEDULE 1: LOCATION MAP 2009 ZBA -19 to 2009 ZBA -23 (Indian Park Association) Development Services Report No. DS 2009 -076 Meeting Date December 16, 2009 Page 10 of 16 Page 57 of 137 M O J W d O 0 c Z 'v LR O V N Z Q J_ c 5 d m as CO d O Cr is N C11 0 J N 0 W V U) 01 10 o� 0 0 Rezoning Building T 0 01 Lot 3 E tc P Envelope Sketch OP PART Of BLOCK A.I 311iT 11aD PLAN N3 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE Legend: M i i A (±674 ase is 6741 t 7 Pd1q. a) tee 31b (0.]lo na) 1 Re± l d hom PrNm Rea e n OneE r 11 011 4 bnuerrralOrre 119 (R1•1131mre selxbo aeWBW aiaangs wrimmesom Etnared 3:1 33433 Zoning Requirements (R'113) Provision Let Me Lot Frrnrlage interior Side Yard Setback from a public t Setback torn a slope that exceeds 33% or 3:1 f Provided 1 024 ha 1 37.7 m 14Sm 8.0 m 23.0m (General Previiaw Th MHBC o.m04.;1039 r, cars Seals 1:75401 I s 0 5 c w N 2 Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... SCHEDULE 3: PROPOSED BUILDING ENVELOPE Lot 4 2009- ZBA -20 (Indian Park Association) Development Services Report No. DS 2009 -076 L. C m a p 9 3 3 3 3 CD 8 Crl N A�Q iz e r C o r R w O ec,D3go qh b °"1 0Q, Meeting Date December 16, 2009 Page 12 of 16 Page 59 of 137 Development Services Report No. DS 2009 -076 Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... SCHEDULE 4: PROPOSED BUILDING ENVELOPE Lot 5 2009- ZBA -21 (Indian Park Association) ,pg IFW 410 sal II I:1 is a; aA 3 3 3 a p r v' Ixi t OR Meeting Date December 16, 2009 Page 13 of 16 Page 60 of 137 Agenda Item 11 a) Report No. DS 2009 -76, Andria Leigh, Director of Development... Development Services Report No. DS 2009 -076 SCHEDULE 5: PROPOSED BUILDING ENVELOPE Lot 13 2009- ZBA -22 (Indian Park Association) Meeting Date December 16, 2009 Page 14 of 16 Page 61 of 137 p� get B UG PROPOSE B UILDING ENVELOPE Lot 14 g; S CHEDULE 2009- ZBA "23 (Indian Part Association) Developme port N DS 2009 -076 Report N�• 6 6 et 3L m �q e 1 r rD 0 QO cPto Meeting Date December 5 0 °0 6 P 62 of 13 Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... SCHEDULE 7: CORRESPONDENCE RECEIVED 2009 ZBA -19 TO 2009 ZBA -23 (Indian Park Association) Development Services Meeting Date December 16, 2009 Report No. DS 2009 -076 Page 16 of 16 Page 63 of 137 I MHBC Itesiaaal and ;Nana: rt■,,; r. Rvoearer P_r,rl,mmmr 13 Poyntz Street Barrie, Ontario L4M 3N6 T: (705) 728.0045 F: (705) 728.2010 www.mhbcplan.com Ian F. MacNaughton MA, FCIP, RPP Bernard P. Hermsen MUDS, BES, MCIP, RPP Paul R. Britton BES, MCIP, RPP W. Brent Clarkson MA, MCIP, RPP Tames D. Parkin BES, MCIP, RPP l:;:rol M. Wiebe BES Kris Menzies BES, BEd, MCIP, RPP David A. McKay BES, MCIP, RPP Brian A. Zeman BES, MCIP, RPP Offices in: Kitchener Vaughan London Kingston Barrie City, Town and Rural Planning Municipal Plans and Studies Land Development Urban Design Community Planning Landscape Architecture Natural Resource and Aggregate Planning Expert Evidence and Mediation Project Management Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... December 4, 2009 Ms. Meghan Keelan, BES Township of Oro Medonte 148 Line 7 S, Box 100 Oro, Ontario LOL 2X0 Dear Ms. Keelan: Re: Indian Park Association Rezoning Applications 2009 ZBA -18 to 2009 ZBA -23 Further to your memo of December 1, 2009, wherein you requested various matters to be addressed by December 4, 2009, we would like to provide the following responses: 1. With respect to justification for a reduction in setback from the steep slope to 8m, we pre consulted with the Planning Department in the spring of 2009 regarding this matter. As discussed at that time, the pre existing situation of numerous existing residences in Sugarbush being located close to, or within, the defined steep slope has had no known adverse effect thus far. This demonstrates that the slopes in the area are stable and the setback of 8m, which is further than numerous existing residences from the identified steep slope, is therefore appropriate. 2. Regarding the trail relocation, we are uncertain as to why this is a rezoning matter. This matter was examined in detail with the Township during the severance process, at which time a drawing was provided showing the location of the proposed realigned trail adjacent to Lot 3. 3. With respect to the accommodation of homes and septic systems within the proposed building envelopes, this matter was considered at the time of lot creation by the Committee of Adjustment. The Committee of Adjustment and Township's building department examined the proposed building and septic envelopes at the time of severance and did not object to the applications. 4. With respect to tree retention, we would consent to implementing a holding provision to address this issue. However, it should be noted that lot sizes are commensurate with neighbouring lot sizes and that clear cutting of the properties is highly unlikely. Page 64 of 137 Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... 5 6 We will address the issues related to Lot 2 under separate cover. 7. With respect to the Phase 1 Archeology Study, a study of this nature cannot be produced under the current time constraints, however, we would be willing to accommodate this issue through the use of a holding provision. As you are aware, lots 4 and 5 have been conditionally approved subject to re- zoning (among other conditions). You will recall that the conditional period for these lots lapses on January 22, 2010. We are required to complete the appeal period before that time, and as such, we would respectfully request that the municipality address the Zoning By -laws associated with Lot 4 and 5 at the next Council meeting. We would also request lots 3, 13 and 14 be considered by Council. Draft templates of the by -laws were previously provided to the Township to assist in this regard. We understand and acknowledge that lot 2 requires further consideration and are therefore not requesting that this lot be considered by Council at this time. Respectfully submitted, MHBC Planning M71 Kris Menzies, BES, BEd, MCIP, RPP Partner 2 Page 65 of 137 Huron Ouendat VIII Huronia Museum Agenda Item 11 a) Report No. DS 2009 -76, Andria Leigh, Director of Development... Mayor Henry Hughes and Council Township of Oro Medonte 148 Line 7 South P.0 Box 100 Oro, Ontario LOL 2X0 Huronia Museum and Huron Ouendat Village 549 Little Lake Park Road PO Box 638 Midland, Ontario L4R 4P4 Friday, November 06, 2009 Dear Mayor Hughes; RE: Indian Park Association: Sugar Bush lot- severance and rezoning. 705 -526 -2844 Fax: 705 -527 -6622 info@huroniamuseum.com www.huroniamuseum.com G. Nth r■ nuv 1 i 2009 I would like to know if these properties have had an archeological assessment conducted on them to ensure that sites are not threatened or destroyed by these new lots. As you know the Diamond Valley Development applied for and received permission to construct a road right through the middle of the McCarthy site thereby destroying a very valuable and historic Huron Village. Clearly there is something wrong with a municipality that claims it has a proud heritage but does nothing to protect the archeological and historical sites of the Township. Andrew Hunter surveyed both Oro and Medonte Townships at the tum of the century and compiled some 150 know sites that can be easily incorporated into the planning process to ensure that sites are not damaged and destroyed by planning developments and lot severances. I would be delighted to assist Andrea Leigh or the Historical Committee to put many of these sites into an inventory of known historic properties. As well, Huronia Museum will be looking into the designation and development of the Penetanguishene Road Project which will involve heritage properties Dated along this historic corridor. We want to work co- operatively with Council, staff and the community to ensure that our collective heritage is preserved. I hope that 1 can count on your support to see this objective achieved for the Township of Oro- Medonte. I can be reached at 526 -2844 at the Huronia Museum Monday through Friday. I look forward to hearing from you. Yours Sincerely, Jamie Hunter Director /Curator Huronia Museum Page 66 of 137 Agenda Item 11 a) Report No. DS 2009 -76, Andria Leigh, Director of Development... Neil and Brenda Knelsen 142 Huronwoods Rd RR#4 Coldwater, Ontario November 22, 2009 Oro Medonte Council 148 Line 7 South Oro Medonte, Ontario Dear Council: "NOV) 4 LU09 We would like to express our opposition to the proposed zoning bylaw 2009- ZBA -18 to 2009 ZBA-23 Our main concern has to do with the fact that the sugarbush community has only one entrance and exit, located at the intersection of the 6 Line and County road 22. We have lived here for 9 years and on several occasions we have been denied access to sugarbush for various reasons, ranging from car accidents at the 6' line and County rd 22 to slippery roads leading to a backup of vehicles attempting to climb the hill heading west towards Craighurst. We feel very strongly that until there is a secondary year round access road built into this community, it just isn't safe to allow any more development. Can the Township take on this liability and allow more families to move here? Knowing that emergency services such as Fire Police and Ambulance will not be available at all times. Our other main concern has to do with the Municipal water system. We have yet to receive a response to our questions regarding our aquifer levels and water supplies. We requested in our last letter to Council, dated Aug 15` 2009 and received by the Township on the 17 of August 2009 that we receive some assurances that the water supply is adequate and that any new development here would be required to fund any upgrades necessary. We are not against future development here. However, we will examine any and all legal options available to us should the re- zoning of these six lots be allowed, until our questions have been answered and the Township opens another access road. We would also like to request that we be notified of the decision regarding this matter. Thank yo i r yo time. Sincere Neil and Brent- nelsen t\0 t `GYIh� NAi tAtc Page 67 of 137 Agenda Item 11a) Report No. DS 2009 -76, Andria Leigh, Director of Development... 6 „tcinl fit/ Ainef/ A Z o e /i7 1 O 2 /1/1 8' rip c 9' Zeox e /J kicky k e i 7' //t eV u hf `�e a Me 71-/-0'/4V1.5 re (vow 4/, 1447 o� :71:1 'i�,> i ri 4 r/s h 'ILS 7 (f au 1z/ 064 ,,s alfim e/ a a /we (0100,-4J a' (._0J (/"o /ere( 1% i fi 055./e_ r ef /.-f v/' k At ae4/ 7 i4c e o col-- (9 Zola y1,5: mill/ 0-60 f �af "5 ye-Ades e-r-rf z°ii1L�r- M 09,d c7 /1-°n/ c�or eonc,' 0 1 eeeoe_ kee al/ r �741� l v i, s ofri 4/ 7/f i35 93/1 g A L 12v e il (/n wadi Y/' 0 /v., LoKt6D. /t di; aver Page 68 of 137 Fit to Eat Agenda Item 11a)- Report No. DS 2009 -76, Andria Leigh, Director of Development... Ann Budge Ovo- dAkiv-vit C.6,ALA. 0 U pp C7� —CO�t� 1 14,f Lk, I 2001 13 Oneida Ave„ RR #4 Coldwater, ON LOK 1 EO RE :T S$1xz�ED DEC 0 2 2009 O11O-mEDu. i E T OWNSHIP 1-4 4 y .C4 -VTr a 4 40 .t J� ll..) 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Au,t,tiofroiv-Jet"-'6. ,ot etAA-b. .4e4a oKcA-1-"A-1 \a.e, M )..rt a *\k'et detals";k ftot cl(64;!.44-tW Wjjr eD 3 ,,�,,,1 0424 015Le"' t r u,,A tu;•0:..4t J). sk-se. *S-9\nA\Pw."5- 74- ......1,.,„;JA. Ai.k.,-e\. 0,,.) pc).4. vi-likt ik ,y),--e-6 4 ;ek TC;A C i Ise ljA" V J1 t t)I j 4 7 .c ci\Jwkii yo tL.4i.,.a,4( cry nine 72 Report No. DS2009 -077 Meeting Date: December 16, 2009 Roll It is recommended that: BACKGROUND: ANALYSIS: Agenda Item 11b) Report No. DS 2009 -077, Andria Leigh, Director of Developmen... REPORT Proud Heritage, Exciting Future To: Prepared By: Committee of the Whole Andria Leigh Subject: Certificate of Maintenance and Final Acceptance (Underground Works) and Certificate of Substantial Completion and Acceptance (Aboveground Works) for Laurel View Homes (HV) Inc. Registered Plan M -741 Motion R.M.S. File D12 10864 RECOMMENDATION(S): Requires Action X For Information Only 1. THAT Report No. DS2009 -077 be received and adopted; 2. THAT the Township issue the Certificate of Substantial Completion and Acceptance (Aboveground Works) and the Certificate of Maintenance and Final Acceptance (Underground Works) for Landscapes Phase 1 being Laurel View Homes (HV) Inc. both dated December 4, 2009, Registered Plan M -741; 3. THAT the Clerk bring forward the appropriate By -laws for Council's consideration; and 4. THAT the Developer be notified of Council's decision. The Township of Oro Medonte entered into a Subdivision Agreements with Laurel view Homes (HV) Inc. in February 2003 consisting of sixty six (66) lots on Landscapes Drive, Tanglewood crescent, and Oakmont Avenue. In May 2003 the Township authorized the issuance of a Certificate of Substantial Completion and Acceptance (Underground Works). With the issuance of that certificate the Developer's two (2) year maintenance period began. The Township's Engineering Consultant, AECOM, is now recommending the issuance of the Certificate of Maintenance and Final Acceptance (Underground Works). The developer has now completed the required two (2) year maintenance period for the Underground Works in accordance with the Subdivision Agreement. DEVELOPMENT SERVICES December 16, 2009 Report No. DS2009 -077 Page 1 of 2 Page 73 of 137 Agenda Item 11b) Report No. DS 2009 -077, Andria Leigh, Director of Developmen... The Township's Engineering Consultant, Aecom, completed an inspection of the development on October 5, 2009 and is recommending the issuance of the Certificate of Maintenance and Final Acceptance (Underground Works). In addition, AECOM, is recommending the issuance of the Certificate of Substantial Completion and Acceptance for the Aboveground Works. With the issuance of the certificate, the Developer's two (2) year maintenance period will begin in accordance with the Subdivision Agreement. Based on the Township's assumption of the underground works, AECOM, the Township's engineering consultant, is also recommending the reduction in the letter of credit currently being held by the Township from 494,904.72 to 142,694.69 which consists of the required 10% holdback for the completed works. Upon confirmation of receipt of the required Statutory Declaration that all accounts for works and material have been paid, staff will then recommend the reduction in the above securities. FINANCIAL: n/a CONSULTATIONS: Manager of Transportation and Environmental Services AECOM ATTACHMENTS: None CONCLUSION: The above noted certificates for Laurel View Homes (HV) Inc. are in compliance with the subdivision agreement and therefore the issuance of the certificates is considered appropriate. With the issuance of the Certificate for the Underground Works, the Township will be responsible for this maintenance. Respectfully submitted: Andria Leigh, MCIP,'RPP Director of Development Services SMT Approval Comments: C.A.O. Approval Comments: DEVELOPMENT SERVICES Report No. DS2009 -077 t December 16, 2009 Page 2 of 2 Page 74 of 137 Brawl Mndt4,r, L.n tHau Fmam Report No: DS 2009 -078 To: Council Meeting Date: December 16, 2009 Roll 4346- 020 004 -1370 RECOMMENDATION(S): It is recommended that Council: BACKGROUND: Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... TOWNSHIP OF ORO- MEDONTE REPORT Subject: Plan of Subdivision and Zoning By -law Amendment 2008 SUB -01 and 2008 ZBA -13 (Andersen) Part of Lot 5, Concession 14, 9733 Highway 12 Requires Action X For Information Only Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File Di 2 -38706 D14 -38707 1. THAT Report DS 2009 -078 Re: Draft Plan of Subdivision and Zoning By -law Amendment Applications 2008 SUB -01 and 2008 ZBA -13 for Connie Andersen, Part of Lot 5, Concession 14 (Oro), Township of Oro Medonte, be received and adopted; 2. THAT Draft Plan Approval for the lands proposed to be subdivided by Connie Andersen and the draft plan conditions set out in Attachment #2 to this report be granted; 3. THAT cash -in -lieu of parkland as part of the subdivision approval process be accepted by the Township; 4. THAT Zoning By -law Amendment Application 2008 ZBA -13, Part of Lot 5, Concession 14 (Oro), Township of Oro Medonte that would rezone lands from the Agricultural /Rural Exception 15 (A/RU *15) Zone to the Residential One Hold (R1(H)) and Open Space (OS) Zones on Schedule A21 of Zoning By -law 97 -95, be approved; and 5. THAT the Zoning By -law be subject to a Holding (H) Provision, removal of which shall only be completed after execution of the appropriate Subdivision Agreement being entered into with the Township. The purpose of this report is to consider proposed Plan of Subdivision and Zoning By law Amendment applications submitted by Rudy and Associates Ltd and Morgan Planning and Development Inc. on behalf of Connie Andersen, and to make recommendations to Council as to the disposition of the planning matters. This report reviews the comments made by agencies and members of the public with respect to the applications for a proposed plan of subdivision. A further intent of this report is to provide Council with recommendations on the applications for development. Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 1 of 14 Page 75 of 137 Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... As Council will recall, the Andersen application is seeking approval for a Zoning By -law Amendment that places the lands in the Residential One Hold zone, and a Plan of Subdivision application that would allow for the creation of 22 new residential lots. Each of the 22 lots will front on a new public road that extends from the abutting the Draft Plan Approved (Homire) subdivision, which has access to Warminster Sideroad and Townline. The minimum lot frontage is 30 metres and each of the lots will have a minimum lot area of 0.2 hectares (0.49 acres). A reduction of the Plan of Subdivision is attached to this report as Attachment #1. Each of the proposed lots will be serviced by private septic systems and municipal water. Adjacent land uses to the north include an institutional building and municipal park with additional residential lots within the Warminster Settlement Area. The proposed 22 lots are to be accessed via the proposed westerly extension of Merrington Avenue which is currently being constructed through the abutting Homire Subdivision. The total landholding of the proposed plan of subdivision is 5.54 hectares (13.6 acres), located south of Warminster Sideroad having approximately 90 metres of frontage on Highway 12. There is currently an existing dwelling, which the applicant owns at the south -west corner of the property that has access to Highway 12. The proposed plan of subdivision is currently vacant. The proposal for the twenty -two residential lots, is located within a Rural Settlement Area designation as found the Township Official Plan. The lots are proposed to have frontages ranging from 30.0 metres to 75.51 metres and lot areas ranging from 0.20 hectares to 0.30 hectares. ANALYSIS: The subject property is located in the south east quadrant of the Warminster Settlement Area, the draft plan lands are approximately 5.5 hectares (13.6 acres) of land from the total land holding of approximately 5.7 hectares (14.2 acres). The existing dwelling has access and frontage on Highway 12, however, the Ministry of Transportation indicated that no access is permitted from the proposed subdivision to Highway 12. The access to the proposed plan of subdivision will be accessed via the proposed westerly extension of Merrington Avenue which is currently being constructed through the Homire Subdivision. A public meeting was held on March 2, 2009. The plan currently being considered for approval, was the result of revisions made to address the public and Council comments during the public meeting. The comments raised at the public meeting related to: the proposed subdivision including a walkway which would provide connection to the adjacent municipal park to the north. After considering various options, Staff proposed placing the walkway along the north- eastern limit of the proposed subdivision. The future extension of the walkway would not affect the playing area of the baseball diamond, and would end at Warminster Sideroad. It would also allow for the proposed lots to maintain the minimum required frontage and area as required by the Zoning By -law. The proposed walkway location would allow for the creation of the 22 residential lots to be maintained. It is also recommended that the walkway be fenced in order to provide a separation for both the baseball diamond and the residential lot municipally known as 1945 Warminster Sideroad. Council concurred with staff in determining that this opinion for a walkway would be the most beneficial in meeting the needs of the Township and the future residents of the subdivision. Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 2 of 14 Page 76 of 137 FINANCIAL: Not applicable. POLICIES /LEGISLATION: Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... The owners of the abutting Homire Subdivision (2063334 Ontario Inc) submitted written correspondence at the public meeting which stated that they wanted the applicant to enter into a cost sharing agreement to properly address the issues of upgrading to the Warminster water services, stormwater management, and road connection. The applicant has indicated that cost sharing would be arranged with the adjacent developer to ensure that the cost are proportionally paid for joint use of the municipal street. To date, Township Staff are unaware of any specifics related to a cost sharing agreement between the applicant and 2063334 Ontario Inc (Homire). However the applicant has requested that a cost sharing agreement be included as a draft plan condition, which will address the issues of servicing (water and road). A traffic impact report was also completed by Tatham Associates Ltd and reviewed by the Township which indicated that the volume of traffic that will be generated from the proposed 22 lots would have no concerns in relation to increase traffic on municipal roads. The lands are proposed in the future to have a Residential One (R1) Zone, which is consistent with the existing residential lands in the settlement area, all of the proposed lots would comply with the lot frontage and lot area requirements of this zone. Township of Oro Medonte Official Plan: The subject lands are presently designated "Rural Settlement Area" by Schedule "A" of the Official Plan. The Rural Settlement Area designation provides for limited residential growth by Plan of Subdivision on municipal water and private septic services, as proposed by this application. Warminster is a rural service centre and is serviced by a municipal water system that is capable of being expanded at the owner's expense. Permitted uses on lands designated Rural Settlement Area on the schedules to the Official Plan are "low density residential, small scale commercial uses that serve the needs of the settlement area and surrounding rural area, small scale industrial development in the form of repair garages, warehouses, workshops or manufacturing and /or processing fabrication plants, institutional uses such as schools, places of worship, community centres, libraries and similar uses In analyzing the proposed plan of subdivision, Staff reviewed the County of Simcoe Official Plan, Provincial Policy Statement and Places to Grow legislation. With the subject lands being located within an identified settlement area, as such, the proposed plan of subdivision and rezoning constitutes a permitted use in accordance with the Rural Settlement Area policies of the Official Plan and is consistent with the County of Simcoe and Provincial policies. Zoning By -law Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 3 of 14 Page 77 of 137 The subject property is presently zoned Agricultural /Rural Exception 15 (A/RU *15) Zone by Zoning By -law No. 97 -95. The proposed rezoning would rezone the lands from A/RU *15 Zone to Residential One (R1) Zone to reflect the intended use of the lands. It is also proposed to zone the property to Residential One Hold (R1 (H)) Zone. There are no exceptions required to the zone standards for the proposed residential lots. The subject lands are also proposed to have the Open Space (OS) Zone, which will recognize proposed walkway along the north- eastern limited of the proposed subdivision abutting Lot 1. The walkway will provide connection through the municipal park (Danny McHugh Park), abutting to the north and finally leading to Warminster Sideroad. The Holding provision that shall not be lifted until a Subdivision Agreement has been entered into between the Township of Oro Medonte and Developer. Plan of Subdivision A comprehensive review of all of the supporting reports and the agency comments has been undertaken as part of the process of developing a series of draft plan conditions that would apply to the plan of subdivision. While many of the draft plan conditions are standard conditions, there are a number of unique conditions that are intended to ensure that the specific recommendations of the NVCA and Ministry of Transportation and related to stormwater management and servicing are implemented. It should be noted that the conditions require either a 5% land dedication for parkland or cash -in -lieu of parkland. The draft plan has not provided a parkland block. Through consultation with the Director of Recreation and Community Services, Shawn Binns, it would be more appropriate for the Township to collect cash -in -lieu of parkland. Site visits occurred with Township staff and the applicant and it was determined that the municipal park located adjacent to the north of the proposed plan of subdivision would serve as parkland for the subdivision. CONSULTATIONS: Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... Supporting documentation was submitted in support of the proposed development and circulated to internal Township Departments and relevant external agencies. The following are the technical reports completed to support the proposed residential plan of subdivision: Land Use Planning Report (Rudy and Associates Ltd.) Transportation Review (C.C. Tatham Associates Ltd.) Functional Servicing and Stormwater Management Report (C.C. Tatham Associates Ltd.) Draft Plan of Subdivision (C.T. Strongman Surveying Ltd.) Hydrogeological Evaluation (Ian D. Wilson Associates Limited Consulting Hydrogeologists) The Stage 1 -2 Archaeological Assessment (Archaeological Assessments Ltd) The plan of subdivision and related reports were circulated to internal and external agencies with the following written responses having been received: Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 4 of 14 Page 78 of 137 Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... Nottawasaga Valley Conservation Authority No objection to the proposed amendments, permit required prior to final approval of the subdivision. The Township of Oro Medonte relies upon the Nottawasaga Valley Conservation Authority (NVCA) to provide advice and recommendations on environmental matters. As part of their role, the NVCA reviews the majority of applications submitted pursuant to the Planning Act. Following the submission of various revised plans and technical studies, the NVCA provided a commenting letter to the Township of Oro Medonte dated November 24, 2009. This correspondence included draft plan conditions that they requested be included as part of the draft plan approval. On the basis of the above, the NVCA is supportive of the approval of the requested Draft Plan of Subdivision and Zoning By -law Amendment. Ministry of Transportation- Following the submission of various revised plans and technical studies, the MTO provided a commenting letter to the Township of Oro Medonte dated February 17, 2009. No concerns were raised in regards to the proposed plan of subdivision and rezoning on the subject lands. The Ministry of Transportation (MTO) have included that all the lots that are within 45 metres of Highway 12 property limits and within a 180 metres radius of the intersection of Highway 12/Warminster Sideroad will require Building and Land Use permits from MTO. All structures that are above and below ground must be setback a minimum of 8 metres form the Highway 12 property limits. They have also stated that if the existing dwelling on the property is to be severed from the plan of subdivision, that the existing entrance on Highway 12 be abandoned and a new entrance be obtained using the municipal road within the subdivision. On the basis of the above, the MTO is supportive of the approval of the requested Draft Plan of Subdivision and Zoning By -law Amendment. Ministry of Environment- The Township circulated the proposed applications to the Ministry of Environment (MOE) for review and comment. In a correspondence letter received from the MOE on November 17, 2009, they do not review or prepare comments for new planning proposals under the new municipal planning review. On this basis, the MOE did not provide any comments or concerns in relation to the proposed Plan of Subdivision and rezoning applications. AECOM- The Township received comments on December 2, 2009, in regards to the proposed plan of Subdivision. These comments mainly address issues of servicing of municipal water, and pedestrian walkway. These concerns have been included as part of the draft plan conditions for the proposed subdivision. Ministry of Culture- As part of the application process the applicant was required to complete an archaeological assessment on the subject lands to ensure that no archaeological remains are found on the site. In correspondence received from the Ministry of Culture on September 28, 2009, states that they are satisfied with the archaeological assessment and that it meets the Ministry requirements. County of Simcoe Following the submission of various revised plans and technical studies, the County provided a commenting letter to the Township of Oro Medonte dated October 19, 2009, stating they have no comments in regards to the proposed plan of subdivision. Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 5 of 14 Page 79 of 137 On the basis of the above noted agencies commenting on the application and providing their recommendations respecting the Draft Plan of Subdivision and the Zoning By -law Amendment, it is staff's opinion that development can proceed as proposed. All of the issues discussed above have been included within the Draft Plan Conditions (Attachment #2) and the Zoning By -law Amendment, as required. ATTACHMENTS: Attachment #1 Proposed Draft Plan of Subdivision Attachment #2 Proposed Draft Plan Conditions CONCLUSION: The proposed Draft Plan of Subdivision and Zoning By -law Amendment would provide a residential development within the Warminster Settlement Area in accordance with the policies of the Official Plan. The proposed Zoning By -law Amendment would rezone the lands to Residential One Hold (R1 (H)) and Open Space (OS) Zones which meets to the general intent of the Official Plan. On the basis of the above, it is recommended that Council approves the Draft Plan of Subdivision 2008 SUB -01 and associated Draft Plan conditions and also Zoning By -law Amendment 2008- ZBA -13 with a Holding provision. Respectfully submitted: Steven F quharson, B.URPL Intermediate Planner SMT ADDroval Comments: C.A.O. Aooroval Comments: Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... Reviewed by: Glenn White, MCIP, RPP Manager of Planning Services Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 6 of 14 Page 80 of 137 CD fD rt v CD CD v 0 (D (D 3 vD- M N N i V O o i o TOWNSHIP 6k 0RO- UOVNTY OT SU Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... No. Conditions ATTACHMENT 2: PROPOSED DRAFT PLAN CONDITIONS The Township of Oro Medonte's conditions to final plan approval for registration of this Plan of Subdivision are as follows: 1. That this approval applies to the draft plan prepared by RUDY Associates Ltd dated November 30, 2009 in Part of Lot 5, Concession 14, former Medonte, Township of Oro Medonte which shows a total of 22 single detached residential lots, 1 pedestrian walkway block (Block 25), 2 0.3 metre reserves (Block 23 -24). 2. That the owner include in all offers of purchase and sale a clause advising prospective purchasers that pupils from this development attending educational facilities operated by the Simcoe Muskoka Catholic District School Board may be transported to accommodated in temporary facilities out of the neighbourhood school's area. 3. That the owner agrees to include in all offers of purchase and sale a statement that advises the prospective purchaser that the public schools on designated sites in the community are not guaranteed. Attendance at schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities and /or directed to schools outside of the area. 4. That the owner agrees to include in all offers of purchase and sale a statement that advises the prospective purchaser that school busses will not enter cul -de -sacs and pick up points will generally be located on through streets convenient to the Simcoe County District School Board. Additional pick up points will not be located within the subdivision until major construction activity has been completed. 5. That the draft plan approval of the development is for a period of three (3) years. The owner shall apply for any extension at least sixty (60) days prior to the lapsing. 6. That the owner agrees to satisfy all the requirements, financial and otherwise of the Township of Oro Medonte. 7. That the road allowances included within this draft plan of subdivision shall be dedicated as a public highway without monetary consideration and free of all encumbrances. 8. That the 0.3 metre reserve (Block 24) included within this draft plan of subdivision shall be conveyed to the Township of Oro Medonte without monetary consideration and free of all encumbrances. 9. That prior to final approval, a 0.3m reserve extending across the entire highway frontage (with the exception of the existing entrance to severed lot, i.e. Block 23) be conveyed by deed, free and clear of all encumbrances, to the Ministry of Transportation. 10. That the road allowances within this draft plan of subdivision shall be named to the satisfaction of the Township of Oro Medonte. 11. That prior to final approval the appropriate zoning shall be in effect for this subdivision, in accordance with the provisions of the Planning Act. 12. That the owner shall enter into a subdivision agreement with the Township of Oro- Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 8 of 14 Page 82 of 137 Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... Medonte, agreeing to satisfy all conditions, financial and otherwise, of the Township of Oro Medonte. 13. That the subdivision agreement between the owner and the Township contain phasing arrangements to the satisfaction of the Township. 14. That the Owner agree in the Subdivision Agreement to make satisfactory arrangements for the construction of a mail facility, if required, to the satisfaction of the Township of Oro Medonte with confirmation received from Canada Post. 15. That the Owner carries out an appropriate archaeological assessment to the satisfaction of the Ministry of Culture. 16. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 17. That prior to final approval, an amended Certificate of Approval from the Ministry of Environment be obtained with respect to ownership and operation of the storm water facilities. 18. That the Ministry of Environment receive a fully executed copy of the subdivision agreement to ensure that conditions are being fulfilled. 19. That prior to final approval, a plan or plans shall be prepared to the satisfaction of the Township Engineer showing: a) drainage control measures, b) general lot grading including existing and proposed elevations, c) building envelopes d) erosion control measures e) location and type of drinking water supply. These approved plan(s) will form part of the Subdivision Agreement with the Township. The consultant may be required to check the elevations of the building footings, prior to further construction, to ensure conformity with the approved plans noted above. The consultant may be required, prior to the issuance of a Final Inspection Report, to certify in writing that the installed works have been carried out in accordance with the approved plans. 20. That prior to any site alteration and final plan approval, the following shall be prepared to the satisfaction of the Nottawasaga Valley Conservation Authority and the Township of Oro Medonte: A detailed Storm Water Management Report; An Erosion Control Plan; and, A detailed Grading Plan. 21. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to carry out or cause to be carried out the recommendations and measures contained within the plans and reports set out above. 22. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to ensure that any storm water management facilities and sediment and erosion control measures will be in place prior to any site alteration. Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 9 of 14 Page 83 of 137 Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... 23. That the owner shall agree in the Subdivision Agreement to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the Nottawasaga Valley Conservation Authority. 24. That easements required for storm water management and drainage purposes be granted to the appropriate authority. 25. That prior to any site alteration in a regulated area, a permit under the Conservation Authorities Act will be obtained from the Nottawasaga Valley Conservation Authority 26. The owner shall agree, prior to final plan approval, to pay all development fees to the conservation authority as required in accordance with the NVCA's fees policy, under the Conservation Authorities Act. 27. That the Owner agree to either dedicate to the Township at least 5% of the land to be subdivided as public parkland or pay cash -in -lieu of parkland to the satisfaction of Council 28. That all streets shall be designed and constructed in accordance with the Township of Oro Medonte's Engineering Design Standard Specifications and Drawings, to a rural standard (OM -R1). The Developer shall extend Merrington Avenue westerly from the existing Merrington Avenue within the Homire Subdivision, through this plan terminating with a cul -de -sac. The costs of all construction will be at the expense of the Owner. 29. That the Owner shall agree in the Subdivision Agreement, that such easements and land dedications as may be required for access, drainage, servicing, utilities and construction purposes shall be designed to the satisfaction of, and granted to the appropriate agencies or authorities, free and clear of all encumbrances, to the satisfaction of the Township of Oro Medonte and all appropriate agencies or authorities. Such easements shall be dedicated to the appropriate approval authority at no cost to anyone but the Owner. The Township requires an easement from the west end of the cul -de -sac to Highway No. 12 for a watermain servicing connection to the existing system at Warminster Sideroad and Highway No. 12. 30. A 3.0 metre wide walkway (designed and constructed to Township Standards) lined by chain link fencing extending from this development to Warminster Sideroad through a Walkway Block and across Township Parkland, shall be provided. All costs, including but not limited to legal and survey costs, and construction will be borne by the Owner. 31. That the owner shall agree in the Subdivision Agreement, that a pedestrian walkway connecting Merrington Avenue to Warminster Sideroad is required and will be contained within Block 25 and the existing Township Park. This walkway will be 3 metres in width and will be lined with chainlink fencing. 32. That the Owner shall agree in the Subdivision Agreement that the water distribution system for this plan shall be looped from the existing watermain system in the Homire Subdivision, through this Plan to the existing watermain at the intersection of Warminster Sideroad and Highway No. 12, and that allowances shall be made for the future servicing of parcels of land abutting this plan, if deemed appropriate by the Municipality. All costs, including but not limited to legal and survey costs, will be borne by the Owner. 33. That prior to final approval, the Owner shall agree in the Subdivision Agreement to prepare and implement the following to the satisfaction of the Township and all site works shall be in strict accordance with a Landscape Design Plan depicting a treed buffer along the rear of lots 12 and 13, which abut Highway No. 12, and as deemed appropriate by the Municipality. Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 10 of 14 Page 84 of 137 Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... 34. That the Owner shall agree in the Subdivision Agreement that the services installed by the Owner shall be in accordance with the standards and specifications of the Township of Oro Medonte, and shall include stormwater works, adequate pavement widths for roadways, street lighting, regulatory signs, street name signs, water distribution system with hydrants and any other services or facilities as required to meet the Township's Standard. Furthermore, the Subdivision Agreement will stipulate that hydrant markers be placed to the satisfaction of the Municipality. 35. That prior to final approval, the Owner shall agree in the Subdivision Agreement that the streets shall be named and a municipal numbering system be assigned to the satisfaction of the Township of Oro Medonte. 36. That the Owner shall agree in the Subdivision Agreement to install, to the satisfaction of the Township, fencing in accordance with the standards of the Township of Oro Medonte. This may involve, but is not limited to: privacy fencing along the rear of lots which abut Highway No. 12; and chain -link fencing along both limits of the walkways. 37. The Owner shall agree in the Subdivision Agreement to contribute a proportionate share of the actual costs related to the design and construction of a storm water management pond [Block 29] in the adjacent Homire Subdivision. The storm water management pond was designed to accommodate the flows from both developments; rather than each development having their own separate storm water management pond. The Township and Township Engineer will review all costs for inclusion, and determine the proportionate share based on a per lot basis. The Subdivision Agreement shall provide that such costs shall be payable prior to the issuance of any building permits within the Owner's Lands. This payment will be provided to the Homire Developer through the Township. 38. That the Owner shall agree in the Subdivision Agreement to locate a pad for a Canada Post community mailbox, to be identified on the engineered drawings, to the satisfaction of Canada Post and that prior to final approval, the Township be advised, in writing, by Canada Post how this condition has been satisfied. 39. The existing Warminster Water Supply system has current surplus capacity to allow for the connection of 23 additional lots. Two subdivisions within the boundaries of Warminster are currently draft approved. The two Developments are the Homire Subdivision (2063334 Ontario Inc.) and the Warminster Acres Subdivision. Through previous agreement, it was determined that the surplus water capacity would be split amongst the two subdivisions with 8 lots for the Homire Subdivision (206334 Ontario Ltd.) and 15 lots for the Warminster Acres Subdivision. These two Developers have initiated upgrades to the current water supply system. The upgrades will allow for the connection of all proposed lots in these two developments plus other development lands within the Warminster community. The Township Engineer has designed the upgrades to the entire water system for a submission to the Ministry of Environment. The Owner shall agree in the Subdivision Agreement that the Cost Recovery for the Warminster Water Supply System Upgrades shall be incorporated within the Subdivision Agreement. More specifically, the Owner shall agree that in addition to any other fees, levies, and charges payable by it to obtain building permits, the Owner shall pay a proportionate share of the costs of the water supply system upgrades estimated at $418,000; upgrades to water reservoir and fire pumps estimated at $431,500; and the total engineering design and administrative costs, and well upgrades. The current costs including the engineering design, administrative costs, and well upgrades is in excess of $138,000 as of April 2009. Any reimbursement will be on a per lot basis. The Township shall make its best effort to recover funds upon the development of additional properties which shall require connection to upgraded water system, Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 11 of 14 Page 85 of 137 Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... water reservoir and fire pumps. Upon the Township obtaining any cost recovery, this cost recovery shall be provided to the Developer /Owner. 40. That prior to final approval, the owner shall submit to the Ministry of Transportation for review and approval a detailed stormwater management report, in accordance with MTO Stormwater Management Requirements for Land Development Proposals (htto: /www.mto.aov.on.ca/ enalish /enaineerina /drainaae /stormwater/index.shtml). 41. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe County District School Board how conditions 3 4 has been satisfied. 42. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe Muskoka Catholic Separate School Board how condition 2 has been satisfied. 43. That prior to the final approval of this plan, the Township is advised in writing by the Nottawasaga Valley Conservation Authority how conditions 17 through 22 have been satisfied. 44. That prior to the final approval of this plan, the Township is advised in writing by the Ministry of Transportation how conditions 9 39 have been satisfied. 45. That prior to the final approval of this plan, the Township is advised in writing by Canada Post how condition 14 34 has been satisfied. 46. That prior to the final approval of this plan, the Township is advised in writing by the Township of Oro Medonte how conditions 1 through 42 have been satisfied. NOTES TO DRAFT APPROVAL 1. It is the applicant's responsibility to fulfill the conditions of Council's approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Township of Oro Medonte, Planning Department, Administration Centre, 148 Line 7 South, Box 100, Oro, ON LOL 2X0, quoting Township file number 2008 SUB -01. 2. The Land Titles Act requires all new plans be registered in a Land Titles system if the land is situated in a land titles division and there are certain exceptions. 3. The Township of Oro Medonte uses a 0.3 metre reserve to notify the public that access to the Municipal highway will not be granted across the reserve. It should be shown as a block on the final plan outside the road allowance. Deeds in triplicate conveying this reserve to the Corporation of the Township of Oro Medonte together with the proposed final plan should be sent to the municipal Clerk. 4. Inauguration, or extension of a piped water supply, or a storm drainage system, is subject to the approval of the Ministry of Environment under sections 23 and 24 of the Ontario Water Resources Act, R.S.O. 1980. 5. Ministry of Transportation wishes to advise the developer of the following: (a) MTO Building Land Use permits are required for all lots within 45m of Highway 12 property limits and within a 180m radius of Highway 12 Warminster Rd.. MTO permits are also required prior to site grading servicing internal road construction, and for site signs. A new Entrance permit is required for the severed lot, and an Encroachment permit is required for works within the Highway 12 ROW. B &LU, Sign and Entrance permit inquiries applications should be submitted to Ms. Janice Hendrix, Permits Officer in this office (416- 235 5382). (b) All above and below ground structures, including land uses considered integral to site operations, must be setback a minimum of 8m from Highway 12 property limits. Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 12 of 14 Page 86 of 137 Simcoe County District School Board 1170 Highway 26 Midhurst,ON LOL 1X0 Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... 6. Hydro One wishes to advise the developer of the following: a) the costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the developer (c) any easement rights of Hydro One are to be respected (d) the developer should contact the local Hydro One Area Office to verify if any low voltage distribution lines may be affected by the proposal 7. Nottawasaga Valley Conservation Authority wishes to advise the developer of the following: a. The NVCA will require a signed off copy of the subdivision agreement prior to the clearance of draft plan conditions. 8. The final plan approved by the Township must be registered within 30 days or the Township may withdraw the approval under Section 51(59) of the Planning Act, R.S.O. 1990 9. All measurements in the subdivision final plan must be presented in metric units. 8. Clearances are required from the following agencies: Corporation of the Township of Oro Medonte Box 100 Oro Station, Ontario LOL 2X0 Simcoe Muskoka Catholic District School Board 46 Alliance Blvd. Barrie,ON L4M 5K3 Nottawasaga Valley Conservation Authority 8195 8 Line Utopia, Ontario LOM 1TO Ministry of Transportation Central Region Corridor Management Section 7th Floor, Bldg. D 1201 Wilson Avenue Downsview, ON M3M 1J8 Ministry of Culture 400 University Avenue, 4th Floor Toronto, ON, M7A 2R9 If the agency conditions concern conditions in the Subdivision Agreement, a copy of the relevant section of the agreement should be sent to them. This will expedite clearance of the final plan. Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 13 of 14 Page 87 of 137 Agenda Item 11c) Report No. DS 2009 -078, Andria Leigh, Director of Developmen... 9. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse under subsection 51(32) of the Planning Act, R.S.O. 1990, as amended. If the Owner wishes to request and extension to draft approval. a written explanation, must be received by the Township of Oro Medonte Prior to the lapsing date. Please note that an updated review of the plan, and revisions to the conditions of approval, may be necessary if an extension is to be granted. 10. When the Zoning By -law is being prepared, reference to this subdivision application OM -file number should be included in the explanatory note. This will expedite the Township's and other agencies' consideration of the by -law. Please be advised that the approval of this draft plan will lapse on December 16, 2012. This approval may be extended pursuant to subsection 51(33) of the Planning Act, but no extension can be granted once the approval has lapsed. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval will lapse under Section 51(32) of the Planning Act, R.S.O. 1990. If the owner wishes to request an extension to draft approval, a written explanation, must be received by the Township of Oro Medonte sixty (60) days prior to the lapsing date. Subject to the conditions set forth above, this Draft Plan is approved under Section 51 of the Planning Act R.S.O. 1990, Chapterl3, as amended. This day of 2009 Director of Development Services, Township of Oro Medonte Development Services Meeting Date December 16, 2009 Report No. DS2009 -078 Page 14 of 14 Page 88 of 137 Report No DS2009 -079 Meeting Date: December 16, 2009 Roll BACKGROUND: ANALYSIS: Agenda Item 11d) Report No. DS 2009 -079, Andria Leigh, Director of Developmen... REPORT It is recommended that: Proud Heritage, Exciting Future To: Prepared By: Committee of the Whole Andria Leigh Subject: Certificate of Maintenance and Final Acceptance (Underground Works) for Heights of Moonstone —Stage 1, Registered Plan M -679 Motion R.M.S. File D12 5873 RECOMMENDATION(S): Requires Action X I For Information Only 1. THAT Report No. DS2009 -079 be received and adopted; 2. THAT the Township issue the Certificate of Maintenance and Final Acceptance (Underground Works) for Heights of Moonstone (Bachly) Stage 1 being Bachly Investments Inc. dated December 7, 2009, Registered Plan M -679; 3. THAT the Clerk bring forward the appropriate By -law for Council's consideration; and 4. THAT the Developer be notified of Council's decision. The Township of Oro Medonte entered into a Subdivision Agreement with Bachly Investments Inc. in June 2000 (By -law 2000 -58) consisting of 59 residential lots (59) lots on Bachly Avenue, Jennett Drive, Brechin Crescent, and Boyd Crescent. In September 2000, the Township authorized the issuance of a Certificate of Substantial Completion and Acceptance (Underground Works) (By -law 2000 -74). With the issuance of that certificate the Developer's two (2) year maintenance period began. The Township's Engineering Consultant, AECOM, is now recommending the issuance of the Certificate of Maintenance and Final Acceptance (Underground Works). The developer has now completed the required two (2) year maintenance period for the Underground Works in accordance with the Subdivision Agreement. The Township's Engineering Consultant, AECOM, completed an inspection of the development on November 30, 2009 and is recommending the issuance of the Certificate of Maintenance and Final Acceptance (Underground Works). DEVELOPMENT SERVICES December 16, 2009 Report No. DS2009 -079 Page 1 of 2 Page 89 of 137 Respectfully submitted: Agenda Item 11d) Report No. DS 2009 -079, Andria Leigh, Director of Developmen... Based on the Township's assumption of the underground works, AECOM, the Township's engineering consultant, is also recommending the reduction in the letter of credit currently being held by the Township from 205,304.32 to 134,680.01 which consists of the required 10% holdback for the completed works. Upon confirmation of receipt of the required Statutory Declaration that all accounts for works and material have been paid, staff will then recommend the reduction in the above securities. FINANCIAL: n/a CONSULTATIONS: Manager of Transportation and Environmental Services AECOM ATTACHMENTS: None CONCLUSION: The above noted certificate for Heights of Moonstone Bachly Investments Inc. are in compliance with the subdivision agreement and therefore the issuance of the certificate is considered appropriate. With the issuance of the Certificate for the Underground Works, the Township will be responsible for this maintenance. Andria Leigh, MCI P", RPP Director of Development Services SMT Approval Comments: C.A.O. Aooroval Comments: DEVELOPMENT SERVICES December 16, 2009 Report No. DS2009 -079 Page 2 of 2 Page 90 of 137 Agenda Item 11e) Minutes of Site Plan Technical Support Group meeting held on... Toavns49 of Proud Heritcue, Exciting Future Wednesday, December 9, 2009 Present: Staff Present: Also Present: None declared. THE TOWNSHIP OF ORO- MEDONTE SITE PLAN TECHNICAL SUPPORT GROUP MEETING MINUTES Council Chambers Andria Leigh assumed the Chair and called the meeting to order. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: IN ACCORDANCE WITH THE ACT" 8:55 a.m. Mayor H.S. Hughes Councillor Mel Coutanche Councillor John Crawford Andria Leigh, Director of Development Services; Kim Allen, Chief Building Official; Megan Keelan, Planner; Marie Brissette, Committee Coordinator Councillor Sandy Agnew 1. ADOPTION OF AGENDA a) Motion to adopt agenda Motion No. SPTSG091209 -01 Moved by Coutanche, Seconded by Crawford It is recommended that the agenda for the Site Plan Control Technical Support Group meeting of Wednesday, December 9, 2009 be received and adopted. Carried. 3. ADOPTION OF MINUTES OF PREVIOUS MEETING: a) Minutes of meeting held on November 3, 2009. Motion No. SPTSG091209 -02 Moved by Crawford, Seconded by Coutanche It is recommended that the minutes of the Site Plan Control Technical Support Group meeting held on November 3, 2009 be adopted as printed and circulated. Carried. Page 1 of 2 Page 91 of 137 Agenda Item 11e) Minutes of Site Plan Technical Support Group meeting held on... Site Plan Control Technical Support Group minutes of meeting held on December 9, 2009. 4. SITE PLAN APPLICATIONS: a) 2009 SPA -13, Suzanne Caudry 15 Pemberton Lane Site plan agreement for boathouse. Motion No. SPTSG091209 -03 Moved by Coutanche, Seconded by Crawford It is recommended that Application 2009 SPA -13, Suzanne Caudry, 15 Pemberton Lane, being a site plan agreement for a boathouse be received. Carried. 5. ANNOUNCEMENTS None. 6. ADJOURNMENT a) Motion to adjourn Motion No. SPTSG091209 -04 Moved by Crawford, Seconded by Coutanche It is recommended that we do now adjourn at 9:02 a.m. Andria Leigh, Marie Brissette, Director of Development Services Committee Coordinator Carried. Page 2 of 2 Page 92 of 137 Agenda Item 12a) Memorandum correspondence dated December 7, 2009, Richard P... MEMORANDUM To: Mayor and Members of Council cc: Richard Playfair, Fire Chief; R. Dunn CAO From: Hugh Murray; Deputy Fire Chief R.M. File Date: December 7, 2009 Roll Subject: Firefighters Insurance Proud Heritage, Exciting Future The Township of Oro Medonte purchases a Life and Disability insurance plan for the volunteer firefighters. Under this plan the firefighters receive coverage for Accidental Death and Dismemberment as well as Short and Long Term Disability. The plan also includes a "top up" portion to make up for any differences should they be on a Worker's Safety and Insurance Board [WSIB] claim. The plan also has an optional Off Duty program which the firefighters can participate, which the majority of our firefighters do. The current plan is through Volunteer Firemen's Insurance Services[VFIS] which is under written by Chartis Insurance Company of Canada formerly American Home Assurance Company. The renewal of our current plan came in at $11,825.00; with the optional coverage for the firefighters at a cost of $112.00 single or family $175 plus PST. We received information from the McKee Employee Benefits Administration Ltd. [MEBA] representing the Provident Agency which is also large provider of insurance for volunteer firefighters. Provident is under written by Chubb Insurance Company of Canada also a large insurance provider. We asked MEBA to provide a quote giving us the same coverage or better and received back from them a quote $9,346.00, again with the optional Off Duty coverage for the firefighters. The Off Duty rate quote is equal to VFIS at 112.00 for single and $175.00 for family coverage. By switching to the Provident Plan there would be an annual savings of $2,479.00 while still providing the firefighters with the same level of coverage. The cost of the optional coverage is borne by the individual firefighter should they choose to purchase. Page 93 of 137 Hugh Murray Deputy Fire Chief Agenda Item 12a) Memorandum correspondence dated December 7, 2009, Richard P... In summary we would like to pursue the insurance plan proposal submitted by McKee Employee Benefits Administration Ltd. [MEBA] i i r2 Respectful Submitted 2 Page 94 of 137 Agenda Item 12a) Memorandum correspondence dated December 7, 2009, Richard P... Summary of Benefits: f Both VFIS and Provident are large Insurers of Volunteer Firefighters in North America. Provident in Canada is largely in both western and eastern Canada while VFIS is largely in Ontario. VFIS is underwritten by Chats Insurance Company of Canada and Provident is under written by Chubb Insurance Company of Canada. Both are large insurance providers. Both plans provide for Accidental Death and Dismemberment of $200,000 and a weekly Disability Benefit of $1,000 as well as an optional OFF DUTY plan for the firefighters which they may purchase if they choose to do so. When disability lasts more than a year Provident's benefit increases by 5% of pre disability earnings. VFIS indexes by the Consumer Price Index The VFIS definition of disability says that the individual must be "unable to perform all material and substantial duties "all" is a very important word, especially for self employed individuals, when there is no WCB or Group Benefits. With VFIS a disabled individual cannot even answer a business phone. Provident on the other hand pays based upon the accidental incident and lost income. Page 95 of 137 Agenda Item 12a) Memorandum correspondence dated December 7, 2009, Richard P... Below is a comparison of the OFF DUTY benefits Benefits �VFIS. PROVIDENT AD &D YES YES Paralysis 200% of AD &D 290% of AD &D Seat Belt Benefit 15% of Principal 20% of Principal Vision Impairment Yes Yes Time Limit No 12 months Bereavement $2,000 $2,000 Time Limit No Session Limits No Session Limits Funpr I Expense $5,000 $5,000 Child Care /Day Care $5,000 max 4 years $5,000 max 4 years Education $5,000 max 4 years $5,000 max 4 years Identification $10,000 $10,000 Repatriation $15,000 $15,000 Spouse Training $15,000 $10,000 Weekly Disability YES YES Waiting Period 7 Day 7 Day Maximum Time 104 Weeks 104 Weeks Non Income Earner $100 /wk $100 /wk Maximum Time 13 Weeks 13 Weeks Spouse Coverage $100 /wk $100 /wk Maximum Time 13 Weeks 13 Weeks Home Vehicle Mod. $15,000 I $15,000 Psychological Therapy $5,000 I $5,000 Rehabilitation $15,000 $20,000 Family Transportation $15,000 $15,000 Felonious Assault 10% of Principal I Principal Sum 4 2 Page 96 of 137 Agenda Item 12b) Report No. FD 2009 -10, Richard Playfair, Director of Fire an... Report No. FD 2009 -10 Meeting Date: Dec 16/09 Roll REPORT It is recommended that: BACKGROUND: Subject: FIRE EMERGENCY SERVICES DEPARTMENT MASTER FIRE PLAN Proud Heritage, Exciting Future To: Prepared By: Committee of the Whole Richard Playfair Motion R.M.S. File RECOMMENDATION(S): Requires Action X for Information Only 1. Report FD 2009 -10 be received and adopted 2. That Council supports the development of a Five Year Master Fire Plan 3. That Council supports the participation and assistance of the Office of the Fire Marshal in the Master Fire Plan Committee 4. That the Director of Fire and Emergency Services commence the process of the development of Five Year Master Fire Plan for the Oro Medonte Fire and Emergency Services 5. And that the Director of Fire and Emergency Services report back to Council on a quarterly basis with status updates on the development of the Five Year Master Fire Plan. A master fire plan is a strategic blueprint for fire protection and prevention that addresses local needs and circumstances based upon costs the community can afford. The Master Fire Plan should include: A mission statement, values and roles of the Municipality and the Fire Department. The necessary programs or projects approved by Council. Project expenditures that the Public can afford. Schedules for developing, implementing and maintaining appropriate services. The master fire plan is the tool for identifying options to provide the desired fire protection and prevention levels to the community. Ultimately a solid plan will lead to a more fire safe community with less fire deaths, injuries and property loss. Fire and Emergency Services December 16/09 Report No. FD 2009 -10 Page 1 of 4 Page 97 of 137 Agenda Item 12b) Report No. FD 2009 -10, Richard Playfair, Director of Fire an... The master fire plan, presents the programs, the projects, the costs and the schedules for developing and maintaining a fire protection and prevention system based on the most effective and efficient methods of delivery that has been accepted and approved by Council on behalf of the Township of Oro Medonte. Master fire planning itself is not a new concept. Many Municipalities are successfully involved in this process. Master fire planning for both fire protection and prevention allows Council to determine the best allocation of resources to achieve an acceptable level of services. An appropriate plan can only be developed under the following conditions. There must be a clear commitment from Municipal Council of support. There must be a multi- agency involvement. Every possible option must be considered. The community at large must be familiar with the process. The master fire plan forms the basis of the fire protection and prevention annual budget, through identification and description of the time phased programs and projects to be implemented throughout the planning period. The master fire plan must also9 consider the following factors: The current and future fire prevention and protection environment and potential problems by establishing and maintaining a comprehensive data base. The acceptable life and property risks by setting goals and objectives. The fire protective and prevention system which provides the level of service commensurate with the level of risk. The funding required to implement the master fire plan. The assignment of authority and responsibility. The procedures for carrying out and updating the master fire plan. The master fire plan defines the Township fire environment, identifies problems, solutions and provides the future direction of the delivery of fire protection and prevention services. The plan should also confirm a Council commitment to monitor, evaluate, and revise the master fire plan annually to improve the Township fire safety on a continuous basis. In order to keep current with the needs of our community the master fire plan requires continuous updating to provide a current picture of the Emergency Services. There are a number of benefits of developing a master fire plan, such as: Defines by policy of Council the types, level and quality of fire protection and prevention services to be provided to the citizens of the Township of Oro Medonte. Supports risk management objectives by identifying programs and levels of emergency services. Improves public relations and promotes interest and direct involvement by the various stake holders in the Township. Fire and Emergency Services December 16/09 Report No. FD 2009 -10 Page 2 of 4 Page 98 of 137 Agenda Item 12b) Report No. FD 2009 -10, Richard Playfair, Director of Fire an... Sets standards of service in which the Fire and Emergency Services must be capable of providing. Potentially decreases costs for insurance coverage. Contributes to a reduction in the number of fires, fire deaths, fire injuries and property loss. Makes the best use of available resources. Provides a mapping of direction to the future. The overall objective of our Fire Service is to provide the Township of Oro Medonte with the optimum level of protection and prevention from fire and many other emergency and health related hazards, while at the same time, ensuring an appropriate level of health safety for all Oro Medonte firefighters. Research has concluded that a variety of factors impact on a fire service capacity to fulfill this objective while determining how the resources should be deployed. INPUT FROM OTHER RESOURCES: The Office of the Fire Marshal will provide technical support advice or assistance if requested, with the development of a master fire plan. Using the Comprehensive Fire Safety Effectiveness Model which is composed of the following eight (8) criteria: Impact of fire which is reflected in property loss and traumatic injuries. Fire Prevention education program effectiveness. Public attitude towards personal and family protection. Fire risk based on building type, age and usage. Compliance with detection capabilities as identified in codes and bylaws. Built in suppression capabilities. Intervention response times. Fire ground effectiveness. The Fire Marshal's Office in partnership with the following suggested stakeholders could be used in the Fire Services Review. A Fire Services Review Steering Committee may consist of the Mayor, Chief Administrative Officer, Fire Chief, Deputy Fire Chief, a Fire Department member, a public representative, business representative. Master Fire Plan Committee may consist of the Mayor, 1 Member of Council, Chief Administrative Officer, Fire Chief, Deputy Fire Chief, 1 District Chief, 1 Fire Fighter, and support staff as required, as well as representative(s) of the community deemed appropriate to conduct the Fire Services Review and develop a Five (5) Year Master Fire Plan. Fire and Emergency Services December 16/09 Report No. FD 2009 -10 Page 3 of 4 Page 99 of 137 Agenda Item 12b) Report No. FD 2009 -10, Richard Playfair, Director of Fire an... The master fire plan, presents the programs, the projects, the costs and the schedules for developing and maintaining a fire protection and prevention system based on the most effective and efficient methods of delivery that has been accepted and approved by Council on behalf of the Township of Oro Medonte. Master fire planning itself is not a new concept. Many Municipalities are successfully involved in this process. Master fire planning for both fire protection and prevention allows Council to determine the best allocation of resources to achieve an acceptable level of services. An appropriate plan can only be developed under the following conditions. There must be a clear commitment from Municipal Council of support. There must be a multi- agency involvement. Every possible option must be considered. The community at large must be familiar with the process. The master fire plan forms the basis of the fire protection and prevention annual budget, through identification and description of the time phased programs and projects to be implemented throughout the planning period. The master fire plan must also9 consider the following factors: The current and future fire prevention and protection environment and potential problems by establishing and maintaining a comprehensive data base. The acceptable life and property risks by setting goals and objectives. The fire protective and prevention system which provides the level of service commensurate with the level of risk. The funding required to implement the master fire plan. The assignment of authority and responsibility. The procedures for carrying out and updating the master fire plan. The master fire plan defines the Township fire environment, identifies problems, solutions and provides the future direction of the delivery of fire protection and prevention services. The plan should also confirm a Council commitment to monitor, evaluate, and revise the master fire plan annually to improve the Township fire safety on a continuous basis. In order to keep current with the needs of our community the master fire plan requires continuous updating to provide a current picture of the Emergency Services. There are a number of benefits of developing a master fire plan, such as: Defines by policy of Council the types, level and quality of fire protection and prevention services to be provided to the citizens of the Township of Oro Medonte. Supports risk management objectives by identifying programs and levels of emergency services. Improves public relations and promotes interest and direct involvement by the various stake holders in the Township. Fire and Emergency Services December 16/09 Report No. FD 2009 -10 Page 2 of 4 Page 100 of 137 Agenda Item 12b) Report No. FD 2009 -10, Richard Playfair, Director of Fire an... ANALYSIS: Master Fire Planning is an acceptable practice in the Fire Service and a finalized plan is usually designed to project a five -year time frame. It can provide a blueprint for short term operational items as well as long term planning initiatives. It is highly recommended that the Master Fire Plan be reviewed and updated each year to ensure the plan is kept current and considers changing economics, demographics, geography and service delivery needs. The Master Fire Plan will assist the Oro Medonte Fire and Emergency Services and Council in the future direction of the Township's Fire Services as well as the Corporation's budgetary process. FINANCIAL: The Master Fire Planning process will involve a number of meetings and potentially some meeting expenses that can be absorbed in the Fire and Emergency Services budget. Future costs to implement recommendations in the Five (5) Year Master Fire Plan will not be known until the Plan has been formalized and determined by Council. Where possible, implementation costs will be identified in the Master Fire plan. CONCLUSION: The Master Fire Plan defines the Township of Oro Medonte's fire environment, potential problems and provides the future direction of the delivery of Fire Protection and Prevention services. It serves as a solid planning foundation. The commitment and support of Council is necessary for the Master Fire Plan process to be successful. RECOMMENDATION(S): 1. That Council supports the development of a Five (5) Year Master Fire plan. 2. That the Director of Fire and Emergency Services commence the process of developing the Five Year Master Fire Plan for the Oro Medonte Fire and Emergency Services. Respectfully submitted: Richard Playfair Director of Fire and Emergency Services C.A.O. Approval Comments: Fire and Emergency Services December 16/09 Report No. FD 2009 -10 Page 4 of 4 Page 101 of 137 Agenda Item 12c) Richard Playfair, Director of Fire and Emergency Services, r... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2009 -175 Being a By -law to Authorize the Execution of an Agreement for Fire Dispatch Services between the Township of Oro Medonte and the City of Orillia and to Repeal By -Law No. 2005 -041 WHEREAS Section 20(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, provides that municipalities may enter into agreements with other municipalities for joint undertakings; AND WHEREAS Section 116(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, authorizes a municipality may establish, maintain and operate a centralized communication system for emergency response purposes; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 provides that a municipality may, under such conditions as may be specified in the agreement, enter into an agreement to receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality; AND WHEREAS the Township of Oro Medonte and the City of Orillia are desirous of entering into an agreement for Fire Dispatch Services; NOW THEREFORE the Council of The Corporation of the Township of Oro Medonte hereby enacts as follows: 1. That the Township of Oro Medonte enter into an agreement with the City of Orillia for Fire Dispatch Services, a copy of which is attached hereto and forms part of this By -law as Schedule "A 2. That the Mayor and Clerk are hereby authorized to execute the agreement on behalf of the Corporation. 3. That this agreement comes into effect on the 1 day of February, 2010 and shall continue in force until the 31 day of December, 2012. 4. That By -Law No. 2005 -041 is hereby repealed in its entirety effective February, 1, 2010. 5. 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 9 DAY OF DECEMBER, 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 102 of 137 Agenda Item 12c) Richard Playfair, Director of Fire and Emergency Services, r... MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS 9 DAY OF DECEMBER 2009 BETWEEN: AND: THE CORPORATION OF THE CITY OF ORILLIA hereinafter called the "City" OF THE FIRST PART THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE hereinafter called the "Township" OF THE SECOND PART WHEREAS Section 116(1) of the Municipal Act, 2001 authorizes the municipality to establish, maintain and operate a centralized communication system for emergency purposes; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, S.O. 1997, c.4 provides for the entering into of agreements to provide fire protection services as may be specified in the agreement to lands and premises that are situated outside the territorial limits of the municipality; AND WHEREAS the Township and the City are desirous of entering into an Agreement for the City to provide certain fire dispatch services to the Township; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants and conditions herein contracted, the Parties hereto do mutually covenant and agree as follows: 1. The Township agrees to install and maintain in the City's fire dispatch centre at the Township's expense all radio equipment necessary to enable all Township fire fighters to receive radio communications from the City's fire dispatch centre and to enable two -way radio communications between all Township fire vehicles and the City fire dispatch centre. 2. The Township agrees to supply its fire fighters with radio equipment designed to receive fire call communications from the City's fire dispatch centre. 3. FIRE CALLS: The City agrees to answer fire calls for the Township and to transmit such fire calls to the Oro Medonte Township Fire Department. 4. OTHER FIRE SERVICE COMMUNICATION REQUIREMENTS: The City agrees to transmit fire department related messages as required. Page 103 of 137 Agenda Item 12c) Richard Playfair, Director of Fire and Emergency Services, r... -2- 5. The Township agrees to pay the City the 1.74 per capita rate for 2010 beginning February 1, 2010 for the service of dispatching the Township fire fighters and fire apparatus based on the population shown in the current Ontario Municipal Directory and updated annually during the term of this contract. Adjustments will be made each subsequent January 1 as per the Consumers Price Index (annual average published by Statistics Canada each preceding September) until the expiry of the contract on December 31, 2012. 6. The Township agrees that should fire calls come in simultaneously from the City and the Township to the City's Fire Hall, the City's call shall have preference. 7. The Township and the City shall each add the other party as an "additional insured" on their respective General Liability Policies with respect to and arising out of the operations and responsibilities undertaken by either party under this agreement. 8. The Township covenants and agrees that it will at all times indemnify and save harmless the City and the members of the Orillia Fire Department or any other person who may render or attempt to render assistance in the spirit of the Agreement from all and any liability, claims, actions, suits or demands for damages or otherwise for or by reason of or arising in any way from delivery of the fire service communications to the Township. 9. The Township agrees that any cost of any modifications to City dispatching hardware, the radio equipment, radio transmissions tower, or City telephone systems which are required to satisfy the needs of the Township shall be assumed by the Township. 10. In the event that the territory that the fire dispatch services are provided to in the Township is expanded or reduced, the rates contained in this agreement will be renegotiated accordingly. 11. The Township agrees to provide a large detailed scale map, street directory, new subdivision layouts, etc. along with copies of all fire protection agreements made between other municipalities and ambulance for fire and first aid protection coverage. The map will be coloured so that the coverage areas agreed to under the various fire protection agreements mentioned above can be easily identified. This will be updated as required. -3- Page 104 of 137 Agenda Item 12c) Richard Playfair, Director of Fire and Emergency Services, r... 12. The Township agrees to supply in writing the method and level that is required to page fire calls, practices, ambulance assistance or tiered response or other required dispatch protocol. 13. This agreement may be terminated by either party upon 90 days written notice. An appropriate pro- rating of fees would be arranged. This agreement comes into effect on the 1st day of February, 2010 and shall continue in force until the 31 day of December, 2012. Dated at the City of Orillia this day of 20 THE CORPORATION OF THE CITY OF ORILLIA MAYOR CITY CLERK THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE MAYOR, H.S. HUGHES CLERK, J.D. IRWIN H: \Legal Affairs \L04 Contracts \Communications \Comm Agrmt Oro Medonte 10- 12.doc Page 105 of 137 Agenda Item 12c) Richard Playfair, Director of Fire and Emergency Services, r... MEMORANDUM To: Mayor And Members of Council cc: From: Richard Playfair Fire Chief Director of Fire Emergency Services Date: December 14, 2009 Subject: Fire Services Dispatch Changeover INTRODUCTION COMPARISON OF SERVICES Barrie Fire Control Proud Heritage, Exciting Future Provides a 3 step dispatch service Has provided duplicate responses when not necessary Unanswered radio transmissions Constant cost increases (MPAC fee increase of .0137cents per capita) Future dispatch cost increase on new agreement Only 1 weekly test page No additional pages for meetings etc. Nightly all call page at 6:30PM Less ability to control your own radio system 2 pages for calls Firehouse for licensing and records management systems The past several years the Oro Medonte Fire Emergency Services has contracted dispatching through the Barrie Fire Emergency Services. A formidable working relationship has been developed in past years; however the direct dispatch services have changed dramatically. Since the Simcoe County Municipal Agreement to dispatch through the County has placed our Fire Emergency Services in a call cue that is unlike what it was intended designed or developed to work. The Simcoe County CERB was designed for Police, Fire, and Ambulance to be offered and dispatched in that order. At the present, the dispatch in Simcoe County is handled at the County by Paramedics. The calls that are received are then culled in order of Ambulance, Police and Fire and then sending the call to Barrie Fire Control thereby placing Fire at a clear disadvantage through the queue system of order, clearly a 3 step process, placing us behind some 4 -6 minutes in response times. However, the dispatch from Orillia Fire Emergency Services receives the call from 911 calls directly to Orillia Fire and out directly to Oro Medonte Fire Emergency Services a direct 1 step process, saving us approximately 4 -6 minutes in response times. Page 106 of 137 Agenda Item 12c) Richard Playfair, Director of Fire and Emergency Services, r... OriIlia Fire Dispatch Provides a 1 step dispatch service Provides a full service dispatch A 3 year agreement with cost increase (2011 20112) based on CPI Multiple weekly test paging Additional pages for meetings etc., no extra cost Nightly call page at 7:OOPM Man -Down radio call feature connection, no additional costs. 3 pages for calls No duplication of calls with other Departments Crysis Licensing for mapping and records management systems BENEFITS OF CHANGEOVER The benefits of the changeover are as follows: Improved response times Dealing directly with the Chief and Deputy of Orillia Man down alert system Improved Automatic Aid Agreements Improved services and features to the agreement Mutual Aid benefits enhanced through radio contact More control over your radio system and requirements Closer networking with Fire Service neighbors FINANCIAL IMPLICATIONS CONCLUSIONS Submitted y: Richard Playfair Fire Chief Director of Fire Emergency Services 2 Page 107 of 137 Ge All radio equipment is currently owned by Oro Medonte Fire Emergency Services so, no cost is incurred. The cost of moving the radio system equipment in a seamless fashion from Barrie to Orillia is approximately $2,000.The shift to Orillia Fire dispatch will require a onetime license fee for Crysis Program of mapping and records management systems of approximately $27,995 which can be allocated from our 2010 budget line item for Radio's Pagers. The basic dispatching cost for Orillia Fire to dispatch to Oro Medonte Fire Emergency Services is $36,600 as reflected in the 2010 proposed budget is an increase of $4,000 over the 2008 Barrie Fire dispatch control. The cost of radio dispatch from Barrie Fire Control to Orillia Fire Dispatch will greatly improve our ability to respond in a timely fashion. The changeover is predicted to enhance our networking with neighboring departments through Automatic Aid and Mutual Aid agreements in place. The ability to provide an improved service while at the same time ensuring that all responses are addressed and responded to in order to maximize our ability to be of assistance to the public when necessary. It is recommended that this changeover process be supported on the merits provided above. Agenda Item 12d) Richard Playfair, Director of Fire and Emergency Services, r... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2009 -176 Being a By -law to Authorize the Execution of an Agreement between the Township of Oro Medonte and the City of Orillia for the Provision of 9 -1 -1 Central Emergency Reporting Bureau (CERB) Services and to Repeal By -Law No. 2007 -027 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to pass by -laws with respect to the health, safety and well -being of persons; AND WHEREAS Section 20(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, provides that municipalities may enter into agreements with other municipalities for joint undertakings; AND WHEREAS Section 116(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, authorizes a municipality may establish, maintain and operate a centralized communication system for emergency response purposes; AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that it is the role of Council to ensure that the administrative policies, practices and procedures are in place to implement the decisions of Council; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 provides that a municipality may, under such conditions as may be specified in the agreement, enter into an agreement to receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality; AND WHEREAS Bell Canada supplies the Township of Oro Medonte and the City of Orillia with features and services which allow for the operation of a Central Emergency Reporting Bureau (CERB); AND WHEREAS the Township of Oro Medonte wishes to contract with the City of Orillia for the management and operation of the CERB using the features and services supplied by Bell Canada; AND WHEREAS the Township of Oro Medonte and the City of Orillia are desirous of entering into an agreement for 911 Central Emergency Reporting Bureau (C.E.R.B.) services; NOW THEREFORE the Council of The Corporation of the Township of Oro Medonte hereby enacts as follows: 1. That the Township of Oro Medonte enter into an agreement with the City of Orillia for 911 Central Emergency Reporting Bureau (C.E.R.B.) services, a copy of which is attached hereto and forms part of this By -law as Schedule "A 2. That the Mayor and Clerk are hereby authorized to execute the agreement on behalf of the Corporation. 3. That this agreement comes into effect on the 14 day of March, 2010 and shall continue in force until the 31st day of December, 2012. 4. That By -Law No. 2007 -027 is hereby repealed in its entirety effective March 14, 2010. 5. 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 9th DAY OF DECEMBER, 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 108 of 137 Agenda Item 12d) Richard Playfair, Director of Fire and Emergency Services, r... MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS 9 DAY OF DECEMBER, 2009 BETWEEN: AND: THE CORPORATION OF THE CITY OF ORILLIA hereinafter called the "City" OF THE FIRST PART THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE hereinafter called the "Township" OF THE SECOND PART WHEREAS Section 116(1) of the Municipal Act, 2001 authorizes the municipality to establish, maintain and operate a centralized communication system for emergency purposes; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, S.O. 1997, c.4 provides for the entering into of agreements to provide fire protection services as may be specified in the agreement to lands and premises that are situated outside the territorial limits of the municipality; AND WHEREAS the Township and the City are desirous of entering into an Agreement for the City to provide certain 911 Central Emergency Reporting Bureau (C.E.R.B.) services to the Township; AND WHEREAS Bell Canada has installed the 911 equipment and the enhanced 911 system is operational for the City and the Township; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants and conditions herein contracted, the Parties hereto do mutually covenant and agree as follows: 1. The 911 answering bureau (C.E.R.B.) shall be a part of and located in the City of Orillia Fire Department Communications Centre and they shall receive and answer all emergency calls from the public and transfer them to the appropriate police, fire and ambulance services. 2. The basic function of the 911 answering bureau (C.E.R.B.) shall be the initial answering of the 911 calls from the public and transfer of those emergency calls to the appropriate agency. 3. The City shall be responsible for the management and operation of the 911 answering bureau (C.E.R.B.), including equipment and personnel. 4. The City shall operate the 911 answering bureau (C.E.R.B.) twenty -four (24) hours a day, seven (7) days a week. Page 109 of 137 Agenda Item 12d) Richard Playfair, Director of Fire and Emergency Services, r... -2- 5. The City shall staff the 911 answering bureau (C.E.R.B.) at a level appropriate to efficiently handle call lines in a manner suitable for emergency situations. 6. The City shall be responsible for the efficient operation of the 911 answering bureau (C.E.R.B.) and the rapid and accurate discharge of the duties of the 911 bureau operators and the selection and training of personnel. 7. The City shall log and tape- record all 911 calls and retain such logs and recordings as required. The Township shall have reasonable access to review all tape recordings and time records of the 911 answering bureau (C.E.R.B.) pertaining to any 911 situation that relates to that township. 8. The City shall provide a back -up Central Emergency Reporting Bureau (C.E.R.B.) to which 911 calls will be directed in the event that the primary bureau is unable to accept the calls for any reason. 9. The Township shall provide to Bell, in written form, all geographical information, including street names, addresses and borders within their municipal 911 serving area, and shall be responsible for providing Bell with all changes that may occur in any such geographical area during the term of the Agreement. 10. The Township agrees to pay to the City $0.80 per capita for 911 service based on the population shown in the current Ontario Municipal Directory and updated annually during the term of this contract until its expiry on December 31, 2012. 11. The City and the Township and representatives of the 911 emergency services shall meet at least annually and more frequently if required, where issues regarding the 911 answering service (C.E.R.B.) would be discussed. 12. The Township and the City shall each add the other party as an "additional insured" on their respective General Liability Policies with respect to and arising out of the operations and responsibilities undertaken by either party under this agreement. Page 110 of 137 Agenda Item 12d) Richard Playfair, Director of Fire and Emergency Services, r... 13. The Township covenants and agrees that it will at all times indemnify and save harmless the City and the members of the Orillia Fire Department or any other person who may render or attempt to render assistance in the spirit of the Agreement from all and any liability, claims, actions, suits or demands for damages or otherwise for or by reason of or arising in any way from delivery of the 911 answering service (C.E.R.B.) to the Township. 14. This agreement may be terminated by either party upon 90 days written notice. An appropriate pro- rating of fees would be arranged. 15. This agreement comes into effect on the 14 day of March, 2010 and shall continue in force for a two -year period until midnight on the 31st day of December, 2012. Dated at the City of Orillia this -3- day of 20 THE CORPORATION OF THE CITY OF ORILLIA MAYOR CITY CLERK THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE MAYOR, H.S. HUGHES CLERK, J. DOUGLAS IRWIN H: \Legal Affairs \L04 Contracts \Communications \911 Oro Medonte 10- 12.doc Page 111 of 137 Agenda Item 13a) Report No. RC 2009 -26, Shawn Binns, Director of Recreation a... Report No. RC2009- 26 Meeting Date: December 16, 2009 Roll BACKGROUND: ANALYSIS: REPORT To: Committee of the Whole Subject: Ukrainian National Federation Agreement Hawkestone Park Township o Proud Heritage, Exciting Future The agreement is proposed to continue for an additional 10 years. Prepared By: Shawn Binns Motion R.M.S. File RECOMMENDATION(S): Requires Action For Information Onlyn It is recommended that: 1. Report No. RC2009 -26 be received and adopted 2. That the appropriate By -Law be brought forward to execute the agreement 3. That the expenses of $2500 for signage be approved and funded through the Recreation reserve fund. The Township of Oro Medonte has maintained a lease agreement with the Ukrainian National Federation, Toronto Branch since 1999 providing for public use of Part of Lots 23 and 24, Plan 626; Part of Lot 62 Plan 1464 Block A Concession 11 (Attachment 1), Township of Oro- Medonte for Public Parkland Purposes. The 28 acre site abutting the 17.7 acres of Township Parkland bordering the Hawkestone creek contains a baseball diamond and provides access from Line 11 to the Township Parkland. The property also provides a link to the Oro Medonte Rail Trail. The previous lease agreement expired in 2009 and is up for renewal. Staff has worked with the Mr. Slawko Borris, President of the Ukrainian National Federation Toronto Branch to bring forward a new draft agreement for an additional ten (10) year term for Councils consideration. The agreement and partnership with the Ukrainian National Federal permits for the provision of neighbourhood parkland, which is used regularly by the community for a variety of recreational activities and community events. One amendment new to the agreement requested by the Ukrainian Federation is to acknowledge their contribution in the form of a sign. The anticipated expense to produce and install an appropriate sign would be $2,500. Recreation and Community Services December 16, 2009 Report No. RC2009 -26 Page 1 of 2 Page 112 of 137 Agenda Item 13a) Report No. RC 2009 -26, Shawn Binns, Director of Recreation a... FINANCIAL: Continued estimated annual maintenance expenses in the amount of $2,000 Acknowledgement signage of $2,500 ATTACHMENTS: 1. Subject Lands 2. Draft 2010 -2020 Agreement CONCLUSION: The renewal of the agreement and partnership with Ukrainian National Federation will permit for the continued provision of neighbourhood parkland for the Village of Hawkestone. It is recommended that Council consider the renewal of the agreement for an additional ten years 2010 -2020. Respectfully Submitted, Shawn Binns Director, Recreation and Community Services SMT Approval Comments: C.A.O. Approval Comments: Recreation and Community Services December 16, 2009 Report No RC2009 -26 Page 2 of 2 Page 113 of 137 Agenda Item 13a) Report No. RC 2009-26, Shawn Binns, Director of Recreation a... 1 isstis*Wk A0L0 us Alisainsik.worivrousrovrivitatwa **A0**** 11430111101 t ,AA A *,,A03,,A**,•A**,,,*01000,, 0,0A0,,,A0o,,, SHEWCHENKO RO AD 100100 00- SUBJECT LANDS 0 35 70 140 210 200 iiitmai■ ammo Meters 0 w Page 114 of 137 Agenda Item 13a) Report No. RC 2009 -26, Shawn Binns, Director of Recreation a... Section 1: Lands In this Agreement: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the Township -AND- UKRAINIAN NATIONAL FEDERATION OF CANADA Hereinafter called the Federation IN CONSIDERATION of the sum of $10.00 and other valuable consideration now paid by each part to the other the parties agree as follows: DRAFT "Lands" shall mean Part of Lots 23 and 24, Plan 626; Part of Lot 62 Plan 1464 Block A Concession 11, Township of Oro- Medonte (identified as Assessment Roll Number 434601 0011 08000), being approximately 787 feet by 310 feet by 66 feet by 846 feet (as shown on Appendix A). Section 2: Demise The Federation demises and leases the Lands to the Township subject to the terms and conditions set out herein. Section 3: Use The Township covenants with the Federation: a) to use the Lands only for recreational purposes, except as specifically permitted herein; b) not to alter the drainage of the Lands except with the approval of the Federation, which approval shall not be unreasonably withheld; c) to maintain at the Township's expense a structure for crossing the creek situated on the Lands; and d) to maintain and keep said lands in a reasonably clean and tidy condition; Section 4: Co- ooeration The parties acknowledge and agree that the use of the Lands shall be mutually beneficial to both parties and both parties shall do all things necessary to co- operate in this regard. Section 5: Public Use It is understood and agreed between the Township and the Federation that the Lands shall be a public recreational area, and any person, or organization whatsoever shall be permitted to use the lands as long as the use is permitted use in accordance with the Parkland By -law or by provincial or federal laws. Page 115 of 137 Agenda Item 13a) Report No. RC 2009 -26, Shawn Binns, Director of Recreation a... Section 6: Maintenance and Repairs Notwithstanding the provisions of Section 3 a), the Township shall have the right to maintain, install, replace, repair, reconstruct, expand, extend or upgrade any structures, fixtures or chattels upon the Lands, whenever the Township, in its discretion, determines that such maintenance, repair or improvement work is necessary or desirable. Section 7: Indemnity a)The Township shall at all times indemnify and save harmless the Federation from and against any and all manner of claims, actions and other proceedings brought against the Federation in respect of any damage or injury (including fatal injury) to any person or property resulting from the Township's occupation or use of, or any operation in connection with, the Lands or any fixtures or chattels thereon except to the extent attributable to the Federation's negligence. b) The Township shall provide upon execution of this agreement, and at any time during the term of the agreement, as requested by the Federation, proof of liability insurance and indemnification of the Federation as indicated above. Section 8: Annual Rent The Township shall pay to the Federation rent in the sum of one dollar ($1.00) per Annum as a lump sum payment in the amount of ten dollars ($10.00) due upon execution of the agreement, the payment and receipt of which is hereby acknowledged by the parties. Section 9: Right of Wav The Federation shall have a right of way over the Lands for general purposes. Section 10: Termination Either party hereto may terminate this Agreement by providing six (6) month's prior written notice to the other party. Section 11: Term of Agreement This agreement shall be effective for a period of ten (10) years from March 1, 2010 to May 31, 2020 and may be renegotiated or renewed at the end of this term. Section 12: Entire Agreement The parties acknowledge that there are no covenants, representations, warranties, agreements or conditions, express or implied, collateral or otherwise forming part of or in any way affecting or relating to this Agreement other than as set out in this Agreement, which constitutes the entire Agreement between the parties concerning the Lands and which may be modified only by further written agreement. Page 116 of 137 Agenda Item 13a) Report No. RC 2009 -26, Shawn Binns, Director of Recreation a... Section 13: Enurement The provisions of this Agreement shall be binding upon, and enure to the benefit of, the parties and their respective successors and assigns. Section 14 Acknowledament The Township shall establish and maintain a formal recognition of the Federation's contribution of the lands associated with the Hawkestone Park in the form of a Plaque or Sign to be located at the entrance to the park. IN WITNESS WHEREOF the parties have executed this Agreement. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE We have the authority to bind the Corporation UKRAINIAN NATIONAL FE ERATION OF CANADA, TORONTO BRANCH President Name: Secretary Name: Harry Hughes, Mayor J. Douglas Irwin Clerk We have the authority to bind the Corporation Page 117 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Report No. RC2009 -27 REPORT Meeting Date: December 16 2009 Roll BACKGROUND: ANALYSIS: Subject: Oro Medonte 77's Request for Grant/Subsidy Proud Heritage, Exciting Future To: Prepared By: Committee of the Whole Shawn Binns Motion R.M.S. File RECOMMENDATION(S): Requires Action L For Information Only It is recommended that: 1. Report RC2009 -27 be received and adopted. 2. Council grant the request of the Oro Medonte 77's to waive the facility rental fees associated with permit #2484 for use of the Oro Medonte Community Arena Banquet Hall in the amount of $2436. 3. That staff be authorized to establish an Arena reserve fund which would be used for facility repairs or replacement pending direction from Council. 4. The Oro Medonte 77's be notified of Councils decision. The Oro Medonte 77s have submitted a request for grant/subsidy. They are requesting that Council waive banquet hall permit fees of $2,436.00 for a Booster Club. Council has waived the fees for use of the banquet hall during the 2008/2009 season. It has been Council's practice /policy that requests from individuals or organizations for grant/subsidies are requested to submit a grant/subsidy application for Council's consideration. The Oro Medonte 77's Junior "A" Hockey Club is a franchise of Greater Metro Hockey League. A Jr. "A" Hockey Club within the Township has many benefits such as: Economic Benefits Hockey Games will attract visitors and Oro Medonte will be promoted by the Oro Medonte 77's in other locations. Enhancements to Minor Hockey Programs Opportunities are available for local hockey players to play for the Oro Medonte 77's. The 77's also provide coaching assistance for minor hockey and assistance with fundraising efforts. (This is being reviewed as currently the G.M.H.L is not sanctioned by Ontario Minor Hockey) Recreation and Community Services December 16 2009 Report No. RC2009 -27 Page 1 of 3 Page 118 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Community Benefits- Junior games will provide an opportunity for local entertainment and for the community to come together and support "their" team. The 77's also assist local not for profits organizations with fundraising initiatives. Arena Having a Junior "A" Hockey team will also assist in future planning for a possible new /retrofitted facility. The Oro Medonte 77's would like the Township to consider an "Arena Reserve Fund" where the proceeds from the booster club would be donated for either a new or retrofitted facility. The Oro Medonte 77's have hosted a number of Booster Club events during the 2008/2009 season with no issues being reported. The Oro Medonte 77's currently have the following expenditures for the operation of a booster club per night: Bartenders and Security $125 Insurance $200 Banquet Hall Rental $164 Special Occasion Permit 75 Total $564 FINANCIAL: The financial impact would be: 2009/2010 POLICIES /LEGISLATION: By -Law 2009 -056 Fees and Charges CONSULTATIONS: N/A ATTACHMENTS: 1. Grant/Subsidy Application CONCLUSION: $2.436.00 It is recommended that Council grant the request of the Oro Medonte 77's to waive the facility rental fees associated with permit #2484 for use of the Oro Medonte Community Arena Banquet Hall in the amount of $2436. Recreation and Community Services December 16` 2009 Report No. RC2009 -27 Page 2 of 3 Page 119 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Respectfully submitted: Shawn Binns Director, Recreation Community Services SMT ADDroval Comments: C.A.O. ADDrovaI Comments: (0 Recreation and Community Services December 16`", 2009 Report No. RC2009 -27 Page 3 of 3 Page 120 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Dec 02 09 10:01a J S Stack 7057929092 p.1 APPLICATION FOR GRANT /SUBSIDY Instructors: In order to process the application, Appendix "A" Financial Information must be completed PART A ORGANIZATION NAME AND ADDRESS INFORMATION Organization Name Note: Grants/Subsidies are not automatically renewed annually Address F n, .,i L City r 1 r r Prov. ("5. i^. 1 T Contact T— C_t_` A-C4 V Telephone •7 7' 2 2 E -mail S r ft /C O. 3r! ez.4 :fir i7 t :t Fax 7o 79_2- 9'U 9 PART B ORGANIZATION GENERAL INFORMATION TOZ{1t shi_ `7 Df Proud Heritage, Exciting Future Postal Code l ;.L 11,1 1 Number of Out of Town Membership Fee Members =r C 2 Residents 0"' If Applicable Geographic Area Date Served r.. a r f r r Formed ;•1 r) r 1.--. ,1 t Outline the mission, purpose and objectives of your organization. n f C i i i. 1 rt 1 S' Z dd e) J� t �i' i ..�•e'Gc i ;I J.. �et s 'T.*- 4- L .f,it j i A.' ty -t JL.i-/ ick 1�I /rte. C,ir /-4, .r•. 77;i'; j c: /e" 2 <`fY'/ .0 P 7`-r? (f_' /hr f+"a�= 148 Line 7 South, Box 100, Oro, Ontario LOL 2X0 Page 121 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Dec 02 09 10:02a J S Stack of individuals served: 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 Amount Requested: c9 l Previous grants/subsidies from the Township? 7057929092 p.2 Type of Organization (i.e. Registered Charity, Non Profit Organization, no status, etc.) and registration number if applicable. f .S Indicate the products /services 1 benefits provided to the Township of Oro- Medonte by your organization: 2 7 c r Li, t' 774 c-e •7r-G1 /1!' J.' rt=5 C,T 1.1._ eci rY)rYL..v Jar 4 6 J r- d.,-- %Q. a�,'�C_Y y /J q 1 l 4J f .-6,- 4 j /:'rr "..e.--; r.- ice i)...°1. i /f r. 1 ..O e_x/1l 1 PLEASE ATTACH DETAILED ANNUAL BUDGET INFORMATION INDICATING REVUNUES AND EXPENDITURES (Appendix "A Application is for a (please check) Grant Subsidy 2-7 Purpose for which the grant/subsidy, if approved, would be used. Give complete details (i.e. project or event description, time frame, community benefits). r� e r r LL 1I ✓J /GCr :ems 7 46,c% {t- e--e /2( Do you currently receive other grants or subsidies from the Township (facility subsidization, photocopying, secretarial, etc). Page 122 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Dec 02 09 10:02a J S Stack Amount Requested: r.?. f Amount Approved: PART D SIGNATURE OF AUTHORIZED OFFICIAL(S) r k r Name Position For office use only Approved: Name Position Amount 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" 7057929092 p.3 Year of Request -)rte) Year of Approval: Date: t _7,1 2 2z 9 Date: Denied: Page 123 of 137 Agenda Item 13b) Report No. RC 2009-27, Shawn Binns, Director of Recreation a... Dec.02 09 10:02a J S Stack FINANCLAL INFORMATION ORGANIZATION NAME: CURRENT FISCAL YEAR: Yea r. 16 REVENUE: Source: D i(f S Surplus or deficit from precious year: Am aunt: 5 (,9ete‘) 1 0 Cr0 TOTAL: 2,4 cx c BALANCE: i 0 EXPENDITURES:, EXPENDITURES: Item: Amount: Item: 0-tv L1 2)SJ. a-e4 /4 -e (71 I'f i TOTAL: 7 62 I SUM MARY: SUMMARY: 7057929092 p.4 NEXT YEAR PROPOSED: Year: REVEN UE: Source: Amount: TOTAL TOT.P, Surplus or deficit from previous year Revenue 1 4 cr cycz.• Revenue Sub Total '7 Sub Total Minus Expenditures 7 12/ cZ; Minus Exp. Expenditures Amount: BALANCE: Dale: o6; Page 124 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Printed 07- Dec -09, 11:09 AM Township of Oro Medonte 148 Line 7 S., Box 100 Phone: (705) 487 -2171 Oro Medonte, ON LOL 2X0 Fax: (705) 487 -0133 Oro Medonte 77s Mark Cardiff 104 Cumberland Street Barrie, ON L4N 2P7 Acct ID: Page 1 of 4 Customer Schedule Permit Number: 2484 Mark Cardiff Other Phone: 796 -8343 Dur. Hourly Other Date Day Complex Facility Event Type Start Time End Time (Min) Rate Charge Amount 16- Sep -09 Wed GUTH Pad "A" Practice 10:00 PM 11:50 PM 120 130.00 0.00 260.00 22- Sep -09 Tue GUTH Pad "A" Game 3:00 PM 3:50 PM 60 77.00 0.00 77.00 23- Sep -09 Wed GUTH Pad "A" Practice 10:00 PM 11:50 PM 120 130.00 0.00 260.00 25- Sep -09 Fri GUTH Pad "A" Practice 10:00 PM 11:50 PM 120 130.00 0.00 260.00 29- Sep-09 Tue GUTH Pad "A" Practice 3:30 PM 4:20 PM 60 103.50 0.00 103.50 30- Sep -09 Wed GUTH Pad "A" Practice 10:00 PM 11:50 PM 120 130.00 0.00 260.00 02- Oct -09 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 130.00 0.00 390.00 06- Oct -09 Tue GUTH Pad "A" Practice 3:00 PM 4:50 PM 120 103.50 0.00 207.00 06- Oct -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 08- Oct -09 Thu GUTH Pad "A" Practice 3:00 PM 3:50 PM 60 77.00 0.00 77.00 09- Oct -09 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 130.00 0.00 390.00 13- Oct -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 14- Oct -09 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 17- Oct -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 20- Oct -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 27- Oct -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 31- Oct -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 03- Nov -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 04- Nov -09 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 07- Nov -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 10- Nav -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 14- Nov -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 17- Nov -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 24- Nov -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 25- Nov -09 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 01- Dec -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 02- Dec -09 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 05- Dec -09 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 05- Dec -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 08- Dec -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 12- Dec -09 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 12- Dec -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 15- Dec -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 Indicates event spans multiple days. Powered by MaxEnterprise®, a product of Maximum Solutions, Inc. Page 125 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Printed 07- Dec -09, 11:09 AM Page 2 of 4 19- Dec -09 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 19- Dec -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 22- Dec -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 29- Dec -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 02- Jan -10 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 02- Jan -10 Sat GUTH Pad "A" Game 6:30 PM 9:50 PM 210 130.00 0.00 455.00 05- Jan -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 06- Jan -10 Wed GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 06- Jan -10 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 09- Jan -10 Sat GUTH Banquet Hall Reception 5:00 PM 1:00 AM 480 28.00 0.00 224.00 12- Jan -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 13- Jan -10 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 19- Jan -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 25- Jan -10 Mon GUTH Pad "A" Practice 6:00 AM 7:20 AM 90 77.00 0.00 115.50 26- Jan -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 27- Jan -10 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 30- Jan -10 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 30- Jan -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 02- Feb -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 1 30.00 06- Feb -10 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 06- Feb -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 09- Feb -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 10- Feb -10 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 16- Feb -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 17- Feb -10 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 20- Feb -10 Sat GUTH Banquet Hall Reception 4:00 PM 1:00 AM 540 28.00 0.00 252.00 20- Feb -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 23- Feb -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 27- Feb -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 02- Mar -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 06- Mar -l0 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 09- Mar -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 13- Mar -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 16- Mar -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 20- Mar -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 23- Mar -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 27- Mar -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 30- Mar -10 Tue GUTH Pad "A" Practice 8:30 PM 9:50 PM 90 130.00 0.00 195.00 30- Mar -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 03- Apr -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 06- Apr -10 Tue GUTH Pad "A" Game 7:00 PM 9:50 PM 180 130.00 0.00 390.00 06- Apr -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 Indicates event spans multiple days. 217.5 (hrs) Sub Total $19,136.00 Tax $0.00 Grand Total $19,136.00 Powered by MaxEnterprise a product of Maximum Solutions, Inc. Page 126 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Printed 07- Dec -09, 11:09 AM Page 3 of 4 CONTRACT 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 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 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: Indicates event spans multiple days. Powered by MaxEnterprise®, a product of Maximum Solutions, Inc. Page 127 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Printed 07- Dec -09, 11:09 AM Page 4 of 4 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 MaxEnterprise a product of Maximum Solutions, Inc. Page 128 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Printed 03- Dec -09, 03:06 PM Page 1 of 4 Township of Oro Medonte 148 Line 7 S., Box 100 Phone: (705) 487 -2171 Oro Medonte, ON LOL 2X0 Fax: (705) 487 -0133 Acct ID: Customer Schedule Permit Number. 2484 Oro Medonte 77s Mark Cardiff 104 Cumberland Street Barrie, ON L4N 2P7 Mark Cardiff Other Phone: 796 -8343 Dur. Hourly Other Date Day Complex Facility Event Type Start Time End Time (Min) Rate Charge Amount 16- Sep -09 Wed GUTH Pad "A" Practice 10:00 PM 11:50 PM 120 130.00 0.00 260.00 22- Sep -09 Tue GUTH Pad "A" Game 3:00 PM 3:50 PM 60 77.00 0.00 77.00 23- Sep -09 Wed GUTH Pad "A" Practice 10:00 PM 11:50 PM 120 130.00 0.00 260.00 25- Sep -09 Fri GUTH Pad "A" Practice 10:00 PM 11:50 PM 120 130.00 0.00 260.00 29- Sep -09 Tue GUTH Pad "A" Practice 3:30 PM 4:20 PM 60 103.50 0.00 103.50 30- Sep -09 Wed GUTH Pad "A" Practice 10:00 PM 11:50 PM 120 130.00 0.00 260.00 02- Oct -09 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 130.00 0.00 390.00 06- Oct -09 Tue GUTH Pad "A" Practice 3:00 PM 4:50 PM 120 103.50 0.00 207.00 06- Oct -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 08- Oct -09 Thu GUTH Pad "A" Practice 3:00 PM 3:50 PM 60 77.00 0.00 77.00 09- Oct -09 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 130.00 0.00 390.00 13- Oct -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 14- Oct -09 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 17- Oct -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 20- Oct -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 27- Oct -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 31- Oct -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 03- Nov -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 04- Nov -09 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 07- Nov -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 10- Nov -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 14- Nov -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 17- Nov -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 24- Nov -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 25- Nov -09 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 01- Dec -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 02- Dec -09 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 05- Dec -09 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 05- Dec -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 08- Dec -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 12- Dec -09 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 12- Dec -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 15- Dec -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 Indicates event spans multiple days. Powered by MaxEnterprise a product of Maximum Solutions, Inc. Page 129 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Printed 03- Dec -09, 03:06 PM Page 2 of 4 19- Dec -09 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 19- Dec -09 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 22- Dec -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 29- Dec -09 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 02- Jan -10 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 02- Jan -10 Sat GUTH Pad "A" Game 6:30 PM 9:50 PM 210 130.00 0.00 455.00 05- Jan -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 06- Jan -10 Wed GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 06 -Jan-10 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 09- Jan -10 Sat GUTH Banquet Hall Reception 5:00 PM 1:00 AM 480 28.00 0.00 224.00 12- Jan -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 13- Jan -10 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 19- Jan -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 25- Jan -10 Mon GUTH Pad "A" Practice 6:00 AM 7:20 AM 90 77.00 0.00 115.50 26- Jan -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 27- Jan -10 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 30- Jan -l0 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 30- Jan -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 02- Feb -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 06- Feb -10 Sat GUTH Banquet Hall Reception 3:00 PM 1:00 AM 600 28.00 0.00 280.00 06- Feb -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 09- Feb -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 l0- Feb -10 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 16- Feb -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 17- Feb -10 Wed GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 20- Feb -10 Sat GUTH Banquet Hall Reception 4:00 PM 1:00 AM 540 28.00 0.00 252.00 20- Feb -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 23- Feb -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 27- Feb -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 02- Mar -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 06- Mar -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 09- Mar -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 13- Mar -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 16- Mar -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 20- Mar -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 23- Mar -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 27- Mar -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 30- Mar -10 Tue GUTH Pad "A" Practice 8:30 PM 9:50 PM 90 130.00 0.00 195.00 30- Mar -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 03- Apr -10 Sat GUTH Pad "A" Game 6:30 PM 9:20 PM 180 130.00 0.00 390.00 06- Apr -10 Tue GUTH Pad "A" Game 7:00 PM 9:50 PM 180 130.00 0.00 390.00 06- Apr -10 Tue GUTH Pad "A" Game 11:00 PM 11:50 PM 60 130.00 0.00 130.00 217.5 (brs) Sub Total $19,136.00 Tax $0.00 Grand Total $19,136.00 Indicates event spans multiple days. Powered by MaxEnterprise a product of Maximum Solutions, Inc. Page 130 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Printed 03- Dec -09, 03:06 PM Page 3 of 4 CONTRACT 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 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 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: Indicates event spans multiple days. Powered by MaxEnterprise a product of Maximum Solutions, Inc. Page 131 of 137 Agenda Item 13b) Report No. RC 2009 -27, Shawn Binns, Director of Recreation a... Printed 03- Dec -09, 03:06 PM Page 4 of 4 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 MaxEnterprise a product of Maximum Solutions, Inc. Page 132 of 137 Agenda Item 13c) Minutes of Recreation Technical Support Group meeting held o... �Tow n�� laG�i� Thursday, December 3, 2009 7: 05 p.m. Present: Regrets: Proud Heritage, Exciting Future Staff Present: Also Present: THE TOWNSHIP OF ORO- MEDONTE RECREATION TECHNICAL SUPPORT GROUP MEETING MINUTES Council Chambers Councillor Sandy Agnew Councillor John Crawford Ted Duncan, Kelly Skinner Meyer, Linda Murray, Reta Regelink, Carolyn Tripp Mayor H.S. Hughes John Thornton Shawn Binns, Director of Recreation and Community Services; Marie Brissette, Committee Coordinator Peter Dunbar, Christine Richards, Justin Hodgkinson 1. ADOPTION OF AGENDA a) Motion to adopt the agenda. Councillor Crawford assumed the Chair and called the meeting to order. Motion No. RTSG091203 -01 Moved by Duncan, Seconded by Skinner -Meyer It is recommended that the Recreation Technical Support Group agenda for the meeting of Thursday, December 3, 2009 be received and adopted as amended to add: 5f) Oro Medonte Minor Sports Association, minutes of meeting held on November 3, 2009. Carried. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: IN ACCORDANCE WITH THE ACT" None. Page 1 of 5 Page 133 of 137 Agenda Item 13c) Minutes of Recreation Technical Support Group meeting held o... Recreation Technical Support Group minutes of December 3, 2009. 3. ADOPTION OF MINUTES OF PREVIOUS MEETING: a) Minutes of the meeting held on October 20, 2009. Motion No. RTSG091203 -02 Moved by Regelink, Seconded by Tripp It is recommended that the Recreation Technical Support Group minutes of the meeting held on October 20, 2009 be adopted as printed and circulated. Carried. 4. DEPUTATIONS: a) Peter Dunbar, re: Trail Successes and Regional Trail Coordination. Motion No. RTSG091203 -03 Moved by Skinner Meyer, Seconded by Duncan It is recommended that the presentation by Peter Dunbar, re: Trail Successes and Regional Trail Coordination be received. Carried. b) Christine Richards, Sports Administrator, Oro Medonte Minor Sports Association, re: Request for Grant /Subsidy. Motion No. RTSG091203 -04 Moved by Duncan, Seconded by Regelink It is recommended 1. That the presentation from Christine Richards, Sports Administrator, Oro Medonte Minor Sports Association, re: Request for Grant/Subsidy be received. 2. And That the Recreation Technical Support Group recommends that Council considers the Request for Grant/Subsidy as presented by Christine Richards, Sports Administrator, Oro Medonte Minor Sports Association in the amount of $3780.00 in the 2010 budget deliberation. Carried. Page 2 of 5 Page 134 of 137 Agenda Item 13c) Minutes of Recreation Technical Support Group meeting held o... Recreation Technical Support Group minutes of December 3, 2009. 5. COMMUNICATIONS: a) Mandatory Training, re: Accessible Customer Service. Marie Brissette provided the training. Motion No. RTSG091203 -05 Moved by Tripp, Seconded by Duncan It is recommended that the Mandatory Training, re: Accessible Customer Service be received. Carried. b) 2009 -2010 Recreation and Community Services Brochure. Motion No. RTSG091203 -06 Moved by Murray, Seconded by Tripp It is recommended that the 2009 -2010 Recreation and Community Services Brochure be received. Carried. c) Oro Medonte History Association minutes of the meeting held on November 26, 2009. Motion No. RTSG091203 -07 Moved by Tripp, Seconded by Murray It is recommended that the Oro Medonte History Association minutes of the meeting held on November 26, 2009 be received. d) Community Hall Board Minutes of meeting held on November 30, 2009. Carried. Motion No. RTSG091203 -08 Moved by Skinner Meyer, Seconded by Duncan It is recommended that the Community Hall Board Minutes of meeting held on November 30, 2009 be received. Carried. Page 3 of 5 Page 135 of 137 Agenda Item 13c) Minutes of Recreation Technical Support Group meeting held o... Recreation Technical Support Group minutes of December 3, 2009. e) Tourism and Economic Development Strategic Plan. Motion No. RTSG091203 -09 Moved by Murray, Seconded by Skinner -Meyer It is recommended that the verbal information presented by Shawn Binns, Director of Recreation and Community Services, re: Tourism and Economic Development Strategic Plan be received. Carried. f) Oro Medonte Minor Sports Association, minutes of meeting held on November 3, 2009. Motion No. RTSG091203 -10 Moved by Tripp, Seconded by Duncan It is recommended that the Oro Medonte Minor Sports Association minutes of meeting held on November 3, 2009 be received. 6. SUB COMMITTEE UPDATES: None. 7. ANNOUNCEMENTS None. 8. NEXT MEETING DATE To be determined. Carried. Page 4 of 5 Page 136 of 137 Agenda Item 13c) Minutes of Recreation Technical Support Group meeting held o... Recreation Technical Support Group minutes of December 3, 2009. 9. ADJOURNMENT a) Motion to adjourn. Motion No. RTSG091203 -11 Moved by Regelink, Seconded by Duncan It is recommended that we do now adjourn at 9:06 p.m. Marie Brissttee, Committee Coordinator Carried. Councillor John Crawford, Co -Chair Councillor Sandy, Agnew, Co -Chair Page 5 of 5 Page 137 of 137