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01 13 2010 Council AgendaTOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, JANUARY 13, 2010 TIME: 7:00 P.M. Page 1. OPENING OF MEETING BY THE MAYOR 2. PRAYER/CONTEMPLATION/REFLECTION 3. NOTICE OF ADDITIONS 4. ADOPTION OF AGENDA a) Motion for Adoption. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of Special Council meeting held on December 9, 2009. b) Minutes of Council meeting held on December 9, 2009. c) Minutes of Special Council meeting held on December 14, 2009. d) Minutes of Special Council meeting held on December 16, 2009. 7. RECOGNITION OF ACHIEVEMENTS: 6 a) Janette Teeter, Successful Completion of Municipal Accounting and Finance Program, Association of Municipal Clerks and Treasurers of Ontario. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. REPORTS OF MUNICIPAL OFFICERS: a) Jerry Ball, Director of Transportation and Environmental Services re: 2010 Transportation Construction Projects and 2010 Transportation Paving Projects. 7-8 b) Report No. DS 2010-01, Andria Leigh, Director of Development Services, re: Certificate of Maintenance and Final Acceptance (Aboveground Works) for Sugarbush Phase III, Stage IV, Registered Plan M-367 [Refer to Item 18a)]. Page 1 of 106 Page Council Meeting Agenda - January 13, 2010. 10. REPORTS OF MUNICIPAL OFFICERS: 9-14 c) Report No. DS 2010-02, Andria Leigh, Director of Development Services, re: David and Kelly Borne - Request for Two Dwellings, South Part of Lot 23, Concession 9 (Oro), Township of Oro-Medonte, 744 Ridge Road East [Refer to Item 18c)]. 15-19 d) Report No. DS 2010-03, Andria Leigh, Director of Development Services, re: Zoning By-Law Amendment, 2008-ZBA-13 (Andersen), Part of Lot 5, Concession 14, 9733 Highway 12 [Refer to Item 18e)]. 20-24 e) Report No. CS 2010-01, Doug Irwin, Director of Corporate Services/Clerk, re: 2010 Municipal Election, Draft Policy, POL-ADM-11, Use of Corporate Resources for Election Purposes. 11. REPORTS OF MEMBERS OF COUNCIL: 25 a) Mayor H.S. Hughes, re: Request for Township Pins, Oro Minor Hockey Novice Rep Team, 2010 Silver Stick Tournament, St. Clair Shores, Michigan. b) Mayor H.S. Hughes, re: War of 1812 Celebrations. 12. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on December 16, 2009. 13. CONSENT AGENDA: 26-34 a) Nottawasaga Valley Conservation Authority, Board minutes of November 27 and Board highlights of December 11, 2009 meetings. Staff Recommendation: Receipt. 35-44 b) Lake Simcoe Region Conservation Authority, Board minutes of November 27 and Board highlights of December 17, 2009 meetings. Staff Recommendation: Receipt. 45-49 c) Midland Public Library Board minutes, meeting held on November 12, 2009. Staff Recommendation: Receipt. 50-52 d) Correspondence dated December 23, 2009 from Town of Wasaga Beach re: Minutes of NVCA Meeting, October 9, 2009. Staff Recommendation: Receipt. 14. COMMUNICATIONS: 53 a) Correspondence received January 6, 2010 from Don Nelson re: Sidewalk Maintenance Request, Horseshoe Valley Road West of Highway 93. 54-55 b) 2010 AMO Annual Conference, August 15-18, 2010, Hosted by the City of Windsor and County of Essex. 56 c) Corresondence dated December 9, 2009 from Colleen Fagan, re: Line 6 North and Mount St. Louis Road, Property with Call Letters 4739. Page 2 of 106 Page Council Meeting Agenda - January 13, 2010. 14. COMMUNICATIONS: 57-58 d) Correspondence dated January 5, 2010 from Sharon Lempriere re: Request to Purchase Township Property, O'Connell Lane. 15. NOTICE OF MOTIONS: None. 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17. IN-CAMERA ITEMS: a) Motion to go In-Camera b) Motion to Rise and Report c) Robin Dunn, Chief Administrative Officer, re: Personnel Matter (Transportation and Environmental Services). 18. BY-LAWS 59-60 a) By-Law No. 2010-002 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground Works) for Monica Interior Design Ltd. and Modco Investments Ltd. -Sugarbush Phase III, Stage IV -Section "C" , Registered Plan 51 M-367, 51 R-28207, 51 R-31153. 61-62 b) By-Law No. 2010-003 Being a By-law to Provide for an Interim Tax Levy and to Provide for the Payment of Taxes and to Provide for Penalty and Interest. 63-64 c) By-Law No. 2010-004 Being a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and David and Kelly Borne to Allow for Two Dwellings. 65-69 d) By-Law No. 2010-005 A By-Law to Enter into an Agreement with The Ontario Society for the Prevention of Cruelty to Animals (Ontario Humane Society), A Society Incorporated Under The Ontario SPCA Act to Provide Pound Keeper Services and to Repeal By- Law No. 2008-054. 70-71 e) By-Law No. 2010-006 A By-law to amend the zoning provisions which apply to lands within Part of Lot 5, Concession 14, (Former Township of Medonte), now in the Township of Oro-Medonte (Andersen 2008-ZBA- 13). 72-83 f) By-Law No. 2010-007 A By-law to Repeal By-law 2004-115 and to Authorize the Execution of a Site Plan Control Page 3 of 106 Page Council Meeting Agenda - January 13, 2010. 18. BY-LAWS Agreement between The Corporation of the Township of Oro-Medonte and SUZANNE DAWN CAUDRY described as lands as follows: 15 Pemberton Lane, PT Lot 1 Range 1 Former Township of Oro PTS 1 & 2 51 R19045; S/T & TAN R01064107 Township of Oro-Medonte, County of Simcoe PIN 58554-0100 (LT) Roll# 4346-010-001- 08600. 84-85 g) By-Law No. 2010-008 Being a By-law to remove the Holding symbol applying to lands located at 15 Pemberton Lane PT Lot 1 Range 1 Former Township of Oro PTS 1 & 2 51R19045; S/T & T/W R01064107 Township of Oro-Medonte, County of Simcoe PIN 58554-0100 (LT) Roll# 4346-010-001-08600 (Caudry). 86-89 h) By-Law No. 2010-009 Being a By-Law to Authorize the Execution of a Tax Arrears Extension Agreement. 90-94 i) By-Law No. 2010-010 To Transfer an Easement for a Utility Line as Defined in the Ontario Energy Board Act, 1998, over Part 5, Plan 51 R-36886 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, and To Permanently Close and Sell Part of the Road Allowance known as Part of Monk Street, Plan 1 (PIN #58553-0037 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 2, 3, 4, 5 and 6, Plan 51 R- 36886, Township of Oro-Medonte, County of Simcoe. 95-102 j) By-Law No. 2010-011 A By-law to Authorize the Execution of An Agreement Between the The Corporation of the Township of Oro-Medonte and Verna Smith. 103 k) By-Law No. 2010-012 A By-law to Appoint Representatives to the Georgian Valley Advisory Committee. 104 1) By-Law No. 2010-013 A By-law to Appoint a Representative to the Huronia Hospital Foundation. 105 m) By-Law No. 2010-014 A By-Law to Amend By-Law No. 2007-015, "A By- Law to Appoint Representatives to Various Committees/Organizations" and to Repeal By-Law No. 2008-170. n) By-Law No. 2010-015 A By-law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro-Medonte and The Corporation of the City of Barrie for the establishment of a Page 4 of 106 Page Council Meeting Agenda - January 13, 2010. 18. BY-LAWS Municipal Services Corporation (Lake Simcoe Regional Airport) and to Repeal By-law Nos. 2002- 060 and 2002-061 [to be distributed at the meeting]. 19. CONFIRMATION BY-LAW 106 a) By-Law No. 2010-001 Being a By-Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, January, 13, 2010. 20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT a) Motion for Adjournment. Page 5 of 106 Agenda Item # 7a) - Janette Teeter, Successful Completion of Municipal Accountin... z ~t 2- Q o c c v w U U LLM C!~► ,a " c U Z) ~ vo m p~ ~ s R N 15 15 Page 6 of 106 Agenda Item # 10b) - Report No. DS 2010-01, Andria Leigh, Director of Development... REPORT ~Tot 11r1,,) a~ - Proud -Icrituze, E c>tine Tstare Report No. To: Prepared By: DS2010-001 Council Andria Leigh Meeting Date: Subject: Motion # January 13, 2010 Certificate of Maintenance and Roll Final Acceptance R.M.S. File (Aboveground Works) for Sugarbush Phase III, Stage IV, D1210970 Registered Plan M-367 RECOMMENDATION(S): Requires Action X For Information Only It is recommended that: 1. THAT Report No. DS2010-001 be received and adopted; 2. THAT the Township issue the Certificate of Maintenance and Final Acceptance (Aboveground Works) for Monica Interior Design Ltd. and Modco Investments Ltd., Sugarbush Phase 111, Stage IV -Section "C" dated December 11, 2009, Registered Plan M- 367, 51 R-28207, 51 R-31153; 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. I BACKGROUND: The Township of Oro-Medonte entered into the original Subdivision Agreement with Monica Interior Design Ltd. and Modco Investments Ltd. in 1988, an amended Subdivision Agreement for the construction of the above noted phase was entered into in June 2002 (By-law 2002-81) consisting of fourty eight residential lots (48) lots on Ironwood Trail and Ash Court. ANALYSIS: In December 2007, the Township authorized the issuance of a Certificate of Substantial Completion and Acceptance (Aboveground Works) (By-law 2008-011). 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 (Aboveground Works). The developer has now completed the required two (2) year maintenance period for the Aboveground Works in accordance with the Subdivision Agreement. DEVELOPMENT SERVICES December 23, 2009 Report No. DS2010-001 Page 1 of 2 Page 7 of 106 Agenda Item # 10b) - Report No. DS 2010-01, Andria Leigh, Director of Development... The Township's Engineering Consultant, AECOM, completed an inspection of the development on December 11, 2009 and is recommending the issuance of the Certificate of Maintenance and Final Acceptance (Aboveground Works). The Township is also in receipt of the required Statutory Declaration that all accounts for works and material have been paid, once the Township receives the recommendation from AECOM for the appropriate reduction on the letter of credit, 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 Monica Interior Design Ltd. and Modco Investments Ltd. 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 Aboveground 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 1 Comments: L DEVELOPMENT SERVICES December 23, 2009 Report No. DS2010-001 Page 2 of 2 Page 8 of 106 Agenda Item # 10c) - Report No. DS 2010-02, Andria Leigh, Director of Development... REPORT P"Chip of - R rvr d rit e, Lxcitinf ~aure Report No. To: Prepared By: DS2010-002 Council Andria Leigh Meeting Date: Subject: Motion # January 13, 2010 D id and K ll B - av e y orne Roll Request for Two Dwellings, R.M.S. File South Part of Lot 23, 010-009-08300 Concession 9 (Oro), Township of Oro-Medonte, 744 Ridge Road East I RECOMMENDATION(S): Requires Action X For Information Only It is recommended: 1. THAT Report No. DS 2010-002 be received and adopted. 2. THAT Council authorizes the request of David and Kelly Borne to temporarily reside in the existing dwelling which will be demolished after the completion of the new dwelling to a maximum of eighteen months from the time of issuance of the new dwelling building permit. 3. AND THAT the Clerk bring forward the appropriate by-law authorizing the attached agreement to this effect. I BACKGROUND: The subject property is approximately 10 acres (4.047 ha), and is located on the north-west side of the intersection of Line 9 South and Ridge Road East (See Attachment #1). There is an existing dwelling located on the property, which was constructed in approximately 1960. The applicant is proposing construction of a new dwelling, and is requesting Council's permission (Attachment #2) to temporarily reside in the existing dwelling, which will be demolished after completion of the new home. The applicant's are intending to begin new construction in the summer of 2010 and based on further discussions anticipate the construction to be completed in a period of approximately 18 months. They are requesting permission from the Township to maintain the existing dwelling for the 18 month period. The Township's Comprehensive Zoning By-law 97-95 only permits one dwelling per property, therefore permission is required in order to allow the new permit to be issued prior to demolition of the existing dwelling. I ANALYSIS. The Township has historically allowed owners to temporarily reside in existing dwellings or trailers and allow for a building permit to be issued for a new dwelling. This practice has been DEVELOPMENT SERVICES January 4, 2010 Report No. DS2010-002 Page 1 of 6 Page 9 of 106 Agenda Item # 10c) - Report No. DS 2010-02, Andria Leigh, Director of Development... followed contrary to the Township's Zoning By-law, which only allows one dwelling per property; however is a reasonable compromise to assist owners in these cases. A financial deposit and agreement (see Attachment #3) stipulating the terms of the approval will be required to be executed with the owners which ensures compliance after the new dwelling is complete. Council has established a precedent of granting one-year temporary permissions on other properties in the Township; as noted above, the applicants are requesting consideration for this to be extended to a period of 18 months; should this not be considered favorably by Council it is anticipated that the applicant's will not be completed after the one year time frame and will be back before Council for a 6 month extension to the agreement. As the applicant's are required to post securities in the amount of $ 20,000.00 to ensure the removal of the original dwelling, it is anticipated that the applicant will expedite the demolition if feasible in order to have their securities returned. FINANCIAL: A $20,000 security deposit is required prior to issuance of a building permit for the new dwelling to ensure removal of the existing dwelling once the new dwelling is constructed. POLICIES/LEGISLATION: The Building Code Act CONSULTATIONS: Mr. & Mrs. Borne ATTACHMENTS: Attachment # 1 - Location Map Attachment # 2 - Borne Request to reside in Existing Dwelling Letter Attachment # 3 - Draft By-law and Agreement CONCLUSION: Approval of the attached agreement to permit the landowner to reside in the existing dwelling for a maximum eighteen month period while the new dwelling is being constructed is considered appropriate and should be authorized. Respectfully submitted: Andria Leigh, MCIT~ RPP Director of Development Services SMT Approval / Comments: DEVELOPMENT SERVICES Report No. DS2010-002 iary 4, 2010 Page 2 of 6 Page 10 of 106 Agenda Item # 1Oc) - Report No. DS 2010-02, Andria Leigh, Director of Development... Attachment #1 -Location Map E 1 fy ~ rr.- a+~ e0 SUBJECT LANDS 0 30 60 120 180 240 Meters DEVELOPMENT SERVICES January 4, 2010 Report No. DS2010-002 Page 3 of 6 Page 11 of 106 Agenda Item # 10c) - Report No. DS 2010-02, Andria Leigh, Director of Development... Attachment #2 -Borne Request Letter i v~ 1 ?Maas Andria Leigh I` Director, Development Services - a Township of Oro-Medonte November 9, 2009 Dear Ms. Leigh, RE: 744 Ridge Road East; Lot 23 Concession.9 Roll 4346 010 009 08300 0000 This letter is to request permission to maintain and reside in our current dwelling while we build a new dwelling. We are planning to have our new dwelling ready in approx. I to 2 years from the date we begin building, sometime during the summer of 2010, once it is complete we plan to demolish the current dwelling. In order to salvage as much. material as possible from the old dwelling we estimate the demolition to take at least 30-60 days to complete. We are reachable by email i or by phoneas noted below. Thank you, Kelly & Dave Borne DEVELOPMENT SERVICES January 4, 2010 Report No. DS2010-002 Page 4 of 6 Page 12 of 106 Agenda Item # 10c) - Report No. DS 2010-02, Andria Leigh, Director of Development... Attachment #3 -Draft By-law and Agreement THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-004 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND DAVID AND KELLY BORNE TO ALLOW FOR TWO DWELLINGS WHEREAS the Municipal Act, 2001,S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Ora-Medonte deems it desirable to enter into an agreement dated January 13, 2010, for a 12 month period from the date of building permit issuance, with David and Kelly Borne to temporarily reside in the existing dwelling which will be demolished after the completion of the new dwelling at 744 Ridge Road East, South Part of Lot 23, Concession 9 (Oro), Township of Oro-Medonte. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By-Law; THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J Douglas Irwin DEVELOPMENT SERVICES January 4, 2010 Report No. DS2010-002 Page 5 of 6 Page 13 of 106 Agenda Item # 10c) - Report No. DS 2010-02, Andria Leigh, Director of Development... Attachment #3 -Draft By-law and Agreement (Cont.) Schedule "A" to By-law No. 2010-004 In consideration of receiving a building permit from the Township of Ora-Medonte, We, David and Kelly Borne, of the Township of Oro-Medonte (formerly Township of Oro) in the County of Simcoe, covenant and agree as follows: 1. That we are the registered owners of South Part of Lot 23, Concession 9 being more particularly described as 744 Ridge Road East. 2. That we have applied to the Council of the Corporation of the Township of Oro-Medonte for permission to temporarily reside in our existing dwelling on the above-mentioned lands, at the same time as a new dwelling is under construction on those same lands, wherein such procedure is not provided for under the provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That we hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for the eighteen month period from permit issuance or until completion of the proposed new dwelling, whichever is the lesser period of time; and b) That on completion of the new dwelling, as evidenced by a Provisional Occupancy Certificate, the existing dwelling is to be removed within one month to the satisfaction of the Township's Chief Building Official; and c) That application to the Township of Oro-Medonte for a temporary use permit will be made forthwith (Fee $100.00). 4. That certified funds in the amount of $20,000.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sole discretion. 5. That we hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions asset out herein, shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. 7. We hereby covenant and agree to indemnify and save harmless the Township of Oro-Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. Date David Borne, Owner Mayor, H. S. Hughes Kelly Borne, Owner Clerk, J. Douglas Irwin Witness DEVELOPMENT SERVICES January 4, 2010 Report No. DS2010-002 Page 6 of 6 Page 14 of 106 Agenda Item # 10d) - Report No. DS 2010-03, Andria Leigh, Director of Development... TOWNSHIP OF ORO-MEDONTE REPORT 2uu . w ,r< Report No: DS 2010-003 To: Council Prepared By: Steven Farquharson, B.URPL Intermediate Planner Meeting Date: Subject: Zoning By-law Amendment Motion # January 13, 2010 2008-ZBA-13 (Andersen) Part of Lot 5 Concession 14 Roll , , 9733 Highway 12 R.M.S. File 4346-020-004-1370 D14-38707 RECOMMENDATION(S): Requires Action ❑ For Information y17 It is recommended that Council: 1. THAT Report DS 2010-003 Re: Zoning By-law Amendment Application 2008-ZBA-13 for Connie Andersen, Part of Lot 5, Concession 14 (Oro), Township of Oro-Medonte, be received and adopted; 2. THAT Zoning By-law Amendment Application 2008-ZBA-13, Part of Lot 5, Concession 14 (Oro), Township of Ora-Medonte that would rezone lands from the Agricultural/Rural Exception 15 (A/RU*15) Zone to the Residential One Exception (R1 Zone on Schedule A21 of Zoning By-law 97-95, be approved; and I BACKGROUND: The purpose of this report is to consider proposed Zoning By-law Amendment application submitted by Rudy and Associates Ltd and Morgan Planning and Development Inc. on behalf of Connie Andersen. As Council will recall, the Andersen application was given approval on December 16, 2009 for a Zoning By-law Amendment that places the lands in the Residential One Hold (R1 (H)) Zone, and a Plan of Subdivision application that would allow for the creation of 22 new residential lots. However, as part of the rezoning the existing dwelling (9733 Highway 12) was not included in the approved By-law passed by Council. As such the existing dwelling, will not meet the lot area or frontage requirements of the Agricultural/Rural Exception 15 (A/RU*15) Zone, when the Plan of Subdivision is registered. If the existing lot was given the Residential One Exception (R1 Zone it will meet the lot area or frontage requirements as explained later in this report and be consistant with the draft plan approved subdivision. I ANALYSIS: I The subject property is located in the south east quadrant of the Warminster Settlement Area. The existing dwelling has access and frontage on Highway 12 of approximately 56 metres, and a lot area Development Services Meeting Date January 13, 2010 Report No. DS2010-003 Page 1 of 5 Page 15 of 106 Agenda Item # 10d) - Report No. DS 2010-03, Andria Leigh, Director of Development... of 0.27 hectares. The proposed lot does not meet the minimum lot area requirements of 0.4 hectares in the Agricultural/Rural (A/RU) Zone. However it is consistent with the lot area of the lots within the draft plan approved subdivision, which is zoned Residential One Hold (R1(H)) Zone. The applicant indicated in their original zoning application that they proposed for the existing dwelling to be rezoned to Residential One Exception (R1 which would make it consistent with the draft plan approved plan of subdivision and minimum requirements of the Residential One (111) Zone. FINANCIAL: Not applicable. POLICIES/LEGISLATION: 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". Township Comprehensive Zoning By-law: 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 Exception (R1 Zone to bring into compliance with the required lot area for the Residential One zoning requirements. The required frontage of the Residential One (R1) Zone is 30 metres, where the applicant has a frontage of approximately 56 metres on Highway 12. However, a zoning exception is recommended, to satisfy the Ministry of Transportations (MTO) comments that were received during the abutting subdivision review process. MTO commented that if a new dwelling is constructed on the property, then the existing entrance from Highway 12, would be closed and access would then be from Street A of the Andersen draft plan approved subdivision. Then the frontage would be on Street A. The R1 Zone, requires a frontage of 30 metres. The applicant has indicated that the frontage along Street A would be 29 metres, which is deficient by one metre of the R1 Zone standard. This exception would only be enforced when a new dwelling is being constructed. The proposed lot would meet the lot area requirements of the R1 Zone and is consistent with the surrounding lot sizes as part of the draft plan approved subdivision. CONSULTATIONS: Township of Oro-Medonte Official Plan Township Comprehensive Zoning By-law Planning Act Development Services Meeting Date January 13, 2010 Report No. DS2010-003 Page 2 of 5 Page 16 of 106 Agenda Item # 10d) - Report No. DS 2010-03, Andria Leigh, Director of Development... I ATTACHMENTS: Attachment #1- Location Map Attachment #2 - Draft Plan CONCLUSION: The proposed Zoning By-law Amendment is in accordance with the Warminster Settlement Area policies of the Official Plan. The proposed Zoning By-law Amendment would rezone the lands to Residential One Exception (R1 Zone which meets to the general intent of the Official Plan. On the basis of the above, it is recommended that Council approves the revision to Zoning By-law Amendment 2008-ZBA-13. Respectfully submitted: Steven F~-arg0`6arson, B.URPL Intermediate Planner Reviewed by: Glenn hite, MCIP, RPP Manager of Planning Services SMT Approval f Comments: C.A.O. Approval 1 Comments: Development Services Meeting Date January 13, 2010 Report No. DS2010-003 Page 3 of 5 Page 17 of 106 Agenda Item # 10d) - Report No. DS 2010-03, Andria Leigh, Director of Development... ATTACHMENT 1: LOCATION MAP E G_€AN.DR1 E_ O M1A w Riu INSTE -Sil ERR D1 Y~F 4t t kst t S 1 ~t ~~tts 4t ERA GtJ4 FRa -'I ACC CUII T' u.! 'RURAL EXCEPTION 15 4'%:P J 1S ZONE TC, RE 'E~ITI AL ItIER I )t;`_ "I 0 1a 34 60 90 120 teeters Development Services Meeting Date January 13, 2010 Report No. DS2010-003 Page 4 of 5 Page 18 of 106 Agenda Item # 10d) - Report No. DS 2010-03, Andria Leigh, Director of Development... Development Services Meeting Date January 13, 2010 Report No. DS2010-003 Page 5 of 5 Page 19 of 106 Agenda Item # 10e) - Report No. CS 2010-01, Doug Irwin, Director of Corporate Ser... (WGZ&d"Me., TREPORT Proud Heritage, Exciting Future Report No. To: Prepared By: CS 2010-01 Council Doug Irwin Meeting Date: Subject: Motion # January 13, 2010 2010 Municipal Election, Draft Policy POL-ADM-11 Use of Roll , , Corporate Resources for R.M.S. File Election Purposes RECOMMENDATION(S): Requires Action ❑X For Information Only It is recommended that: 1. Report No. CS 2010-01, Doug Irwin, Director of Corporate Services/Clerk re: 2010 Municipal Election, Draft Policy, POL-ADM-11, Use of Corporate Resources for Election Purposes be received and adopted. 2. And Further That Policy POL-ADM-11, Use of Corporate Resources for Election Purposes be approved. I BACKGROUND: It is necessary to clarify and establish guidelines for all municipal election candidates on the appropriate use of corporate resources during an election period. This will ensure protection of the interests of both the Members of Council and the Corporation. The Municipal Elections Act, 1996, as amended, prohibits a municipality from making a contribution to a candidate. The Act also prohibits a candidate, or someone acting on the candidate's behalf, from accepting a contribution from a person who is not entitled to make a contribution. As a contribution may take the form of money, goods or services, any use by a Member of Council of the Corporation's resources for his or her election campaign would be viewed as a contribution by the municipality to the Member, which is a violation of the Act. Corporate Services January 13, 2010 Report No. CS 2010-01 Page 1 of 5 Page 20 of 106 Agenda Item # 10e) - Report No. CS 2010-01, Doug Irwin, Director of Corporate Ser... ANALYSIS: I Attached for Council's consideration, is a draft policy, POL-ADM-11, Use of Corporate Resources for Election Purposes. FINANCIAL: • None I POLICIES/LEGISLATION: • Municipal Elections Act, 1996, as amended I CONSULTATIONS: • Association of Municipalities of Clerks and Treasurers of Ontario I ATTACHMENTS: • Attachment 1 - Draft POL-ADM-11 I CONCLUSION: The recommendations contained in the draft policy will ensure appropriate use of corporate resources during an election period to protect the interests of both Council and the Corporation of the Township of Oro-Medonte. Respectfully bmitted: r t f' J. us irector of rporate Services/Clerk C.A.0. Approval 1 Comments: l-s --I Corporate Services Report No. CS 2010-01 January 13, 2010 Page 2 of 5 Page 21 of 106 Agenda Item # 10e) - Report No. CS 2010-01, Doug Irwin, Director of Corporate Ser... Attachment 1 W h' Proud Heritage, Exciting Future DRAFT Policy DepartmentlSection Policy # Administration POL-ADM-11 Subject Enacted by Council: Use of Corporate Resources for Election Purposes Motion # C_ Rationale and Legislative Authority: It is necessary to establish guidelines on the appropriate use of corporate resources during an election period to protect the interests of both the Members of Council and the Corporation. The Municipal Elections Act, 1996, as amended, prohibits a municipality from making a contribution to a candidate. The Act also prohibits a candidate, or someone acting on the candidate's behalf, from accepting a contribution from a person who is not entitled to make a contribution. As a contribution may take the form of money, goods or services, any use by a Member of Council of the Corporation's resources for his or her election campaign would be viewed as a contribution by the municipality to the Member, which is a violation of the Act. General Policy Statement The purpose of this policy is to clarify that all election candidates, including members of Council, are required to follow the provisions of the Municipal Elections Act, 1996, as amended, and that: • No candidate shall use any equipment, supplies, services or other resources of the Municipality (including newsletters and budgets) for any election campaign or campaign related activities. No candidate shall undertake campaign-related activities on municipal property during regular working hours. No candidate shall use the services of persons during hours in which those persons receive any compensation from the municipality. Corporate Services January 13, 2010 Report No. CS 2010-01 Page 3 of 5 Page 22 of 106 Agenda Item # 10e) - Report No. CS 2010-01, Doug Irwin, Director of Corporate Ser... Application: This policy is applicable to all candidates, including members of Council. Specific Policy: That, in accordance with the provision of the Municipal Elections Act, 1996, as amended: a) Corporate resources and funding may not be used for any election-related purposes. b) Staff may not canvass or actively work in support of a municipal candidate or party during normal working hours unless they are on a leave of absence without pay, lieu time, float day or vacation leave. C) Members of Council may not use their constituency office or any municipally- provided facilities for any election-related purposes. Neither campaign related signs nor any other election-related material will be displayed in any municipally- provided facilities. Candidates may rent municipally-owned facilities that are regularly available for rent. d) Members of Council may not: Print or distribute material paid by municipal funds that illustrates that a Member of Council or any other individual is registered in any election or where they will be running for office. Profile (name or photograph) or make reference to, in any material paid by municipal funds, any individual who is registered as a candidate in any election. iii. Print or distribute any material using municipal funds that makes reference to, or contains the names or photographs, or identifies registered candidates for municipal elections. e) Any communications material, including printed, hosted or distributed by the municipality will not be election-related. f) Candidates may not print or distribute any election-related material using municipal equipment. g) In any material printed or distributed by the Township of Oro-Medonte, with the exception of the Township website, it will not: Illustrate that an individual (either a Member of Council or any other individual) is a candidate registered in any election; Identify where they, or any other individual, will be running for office; or iii. Profile or make reference to candidates in any election. Corporate Services Report No. CS 2010-01 January 13, 2010 Page 4 of 5 Page 23 of 106 Agenda Item # 10e) - Report No. CS 2010-01, Doug Irwin, Director of Corporate Ser... h) Websites or domain names that are funded by the municipality may not include any election-related campaign material. i) The Municipality's voice mail system may not be used to record election related messages or the computer network (including the Municipality's email system) to distribute election related correspondence. j) The Municipality's logo, crest, slogan, etc., may not be printed or distributed on any election materials or included on any election campaign related website, except in the case of a link to the Municipality's website to obtain information about the municipal election. k) Photographs produced for and owned by the Township of Oro-Medonte may not be used for any election purpose. The above recommendations also apply to an acclaimed Member or a Member not seeking re-election. That, in accordance with the Municipal Elections Act, 1996, as amended, the Clerk be authorized and directed to take the necessary action to give effect to this Policy. Limitation: Nothing in this Policy shall preclude a Member of Council from performing their duties as a member of Council, nor inhibit them from representing the interests of the constituents who elected them. Implementation: This policy shall become effective immediately upon approval. Corporate Services Report No. CS 2010-01 January 13, 2010 Page 5 of 5 Page 24 of 106 Agenda Item # 11 a) - Mayor H.S. Hughes, re: Request for Township Pins, Oro Minor From: jocur Sent: Wednesday, January 06, 2010 6:37 PM To: Hughes, Harry Subject: request for oro township pins Dear Mayor, The Oro Novice Rep team has qualified for the International Silver Stick tournament in St Clair Shores Michigan. We would like to request 75 Oro township pins to take with us for trading purposes. We are leaving on Jan 21 st 2010. Please let me know if this would be possible - and I would be happy to pick them up. Curt Phillips Oro Novice Rep Coach Page 25 of 106 Agenda Item # 13a) - Nottawasaga Valley Conservation Authority, Board minutes of t*n5 q NOTTAWASAGA VALLEY CONSERVATION AUTHORITY BOARD OF DIRECTORS MEETING 10109 Friday November 27/09 MINUTES Location:Tiffin Centre for Conservation - John L. Jose Environmental Learning Centre PRESENT: Chair: Walter Benotto Town of Shelburne Vice Chair: Joan Sutherland Town of New Tecumseth MEMBERS: Rick Archdekin Town of Wasa a Beach Ma Brett Township of Adjala-Tosorontio Orville Brown Township of Clearview Re Cowan Township of S rin water Ter Dowdall Township of Essa Tom Elliott Township of S rin water Ron Henderson Township of Essa Ralph Hough Township of Oro-Medonte Harry Hughes Township of Oro-Medonte Garry Matthews Township of Melancthon Rick Milne Town of New Tecumseth Gord Montgomery Town of Mulmur Brian Mullin Municipality of the Grey Highlands Fred Nix Town of Mono Cal Patterson Town of Wasa a Beach arrived 9:20 a.m. Gerald Poisson City of Barrie Ron Simpson Town of Bradford West Gwillimbu Bill Van Berkel Town of Innisfil Bar Ward City of Barrie REGRETS: Chris Carrier Town of Collin wood Sonny Foley Town of Collin wood John McKean Town of the Blue Mountains Robert Walker Township of Clearview Percy Way Township of Amaranth STAFF PRESENT: CAO/Secretary-Treasurer Manager of Administration and Human Resources Communications/Public Relations Assistant Director of Land Operations & Stewardship Services Manager of Stewardship Services Director of Planning Director of Engineering and Technical Services RECORDER: Laurie Barron, Executive Assistant Wayne Wilson Susan Richards Kim Garraway Byron Wesson Fred Dobbs Chris Hibberd Glenn Switzer Page 26 of 106 Agenda Item # 13a) - Nottawasaga Valley Conservation Authority, Board minutes of BOARD OF DIRECTORS MINUTES MEETING No.10-09 27 November, 2009 Page 2 of 8 1. CALL TO ORDER Chair Walter Benotto called the meeting to order at 9:13 a.m. ANNOUNCEMENTS • Chair Benotto welcomed Mayor Harry Hughes from Oro-Medonte. Mayor Hughes will be joining the NVCA Board of Directors replacing Mel Coutanche, past member from Oro- Medonte. Chair Benotto advised the Board members that the Ministry of Natural Resources, Ministry of Municipal Affairs and Housing and the Ministry of Energy and Infrastructure have posted an updated version of the draft Policies and Procedures for Conservation Authority Plan Review and Permitting Activities (also known as the CA Liaison Committee (CALC) report on the Environmental Registry for public comment EB( R #010- 8243). NVCA staff will circulate this document to the municipalities to help with municipal consideration of the draft NVCA Planning Streamlining Agreement. 2. MOTION TO ADOPT AGENDA Items added under New Business: 10.1 2010 Schedule of Board of Directors, Executive and NVSPA meetings. 10.2 Item moved from the in-camera session at the request of Mayor Harry Hughes, member representing Oro-Medonte re: October 19/09 letter sent to Mayor Hughes from NVCA Chair Walter Benotto at the request of the NVCA Board of Directors RES#1 MOVED BY: Ron Simpson SECONDED BY: Bill Van Berkel RESOLVED THAT: The Agenda for Board of Directors Meeting #10/09 dated 27 November 2009, be adopted as amended. Carried; 3. PECUNIARY INTEREST DECLARATION None declared 4. MINUTES 4.1 Minutes of the Board of Directors Meeting 09/09, dated 3 October, 2009. Amendment to Page 8 paragraph #3, at the request of Harry Hughes, member representing Oro-Medonte. Amendment to read. Further discussion ensued regarding the dissolution of a Conservation Authority (CA), and the redrawing of boundaries which was discussed at the mediation process. RES#2 MOVED BY: Ron Simpson SECONDED BY: Bill Van Berkel RESOLVED THAT: The Minutes of the Board of Directors Meeting 09/09 dated 3 October, 2009 be approved as amended. Carried; Page 27 of 106 Agenda Item # 13a) - Nottawasaga Valley Conservation Authority, Board minutes of BOARD OF DIRECTORS MINUTES MEETING No.10-09 27 November, 2009 Page 3 of 8 4.2 Minutes of the Executive Committee Meeting 12109, dated 23 October, 2009. RES#3 MOVED BY: Ron Simpson SECONDED BY: Bill Van Berkel RESOLVED THAT: The Minutes of the Executive Committee Meeting 12/09 dated 23 October, 2009 be received. Carried; 4.3 Draft Minutes of the Executive Committee Meeting 13/09, dated 13 November, 2009. RES#4 MOVED BY: Gord Montgomery SECONDED BY: Mary Brett RESOLVED THAT: The Draft Minutes of the Executive Committee Meeting 13/09 dated 13 November, 2009 be received. Carried; 5. BUSINESS ARISING FROM MINUTES None noted 6. REPORT OF THE DIRECTOR OF PLANNING 6.1 Permits for Ratification for the period October 1, 2009 to November 17, 2009. RES#5 MOVED BY: Mary Brett SECONDED BY: Gord Montgomery RESOLVED THAT: The Permits/Approvals issued by staff for the period October 1, 2009 November 17, 2009 be approved. Carried; 7. REPORT OF THE MANAGER OF ADMINISTRATION AND HUMAN RESOURCES AND THE COMMUNICATION/PR ASSISTANT 7.1 Communications Report for the month of October, 2009 Harry Hughes, member representing Oro-Medonte asked what standards were being used in the preparation of the communications report and expressed concern with media articles being included in the communications report on the NVCA agenda. Past Chair Fred Nix noted that the communication report was added at the request of the board of directors in order to keep them apprised of media coverage in the NVCA watershed where they would not normally receive the newspapers. Chair Walter Benotto advised that the communications report would be discussed at the next meeting of the Executive. RES#6 MOVED BY: Gord Montgomery SECONDED BY: Rick Archdekin RESOLVED THAT: The Communications report for the month of October, 2009 be received. Carried; Page 28 of 106 Agenda Item # 13a) - Nottawasaga Valley Conservation Authority, Board minutes of BOARD OF DIRECTORS MINUTES MEETING No.10-09 27 November, 2009 Page 4 of 8 8. REPORT OF THE MANAGER OF ADMINISTRATION AND HUMAN RESOURCES 8.1 Cellular Phones & Wireless Communication Devices, HS-2, Policy & Procedure Ralph Hough, member representing Oro-Medonte requested an amendment to the first bullet under Policy Practice to include `while on NVCA business". RES#7 MOVED BY: Brian Mullin SECONDED BY: Orville Brown RESOLVED THAT: The Cellular Phones & Wireless Communication Devices, HS-2 Policy & Procedure be approved by the Board of Directors as amended. Carried; 8.2 Human Resources Emergency Measures Plan - Pandemic Response, HR-10, Policy & Procedure RES#8 MOVED BY: Orville Brown SECONDED BY: Brian Mullin RESOLVED THAT: The Human Resources Emergency Measures Plan--Pandemic Response, HR-10, Policy and Procedure be approved by the Board of Directors. Carried; 8.3 Board of Directors Administration Regulations, FA-2 RES#9 MOVED BY. Garry Matthews SECONDED BY: Terry Dowdall RESOLVED THAT: The Board of Directors Administration Regulations, FA-2, be approved by the Board of Directors. Carried; 9. REPORT OF THE CAO/SECRETARY-TREASURER 9.1 Oro-Medonte Severn Portion 2010 Budget Considerations RES#10 MOVED BY: Brian Mullin SECONDED BY: Orville Brown WHEREAS: Given the complex nature of establishing a three party Memorandum of Understanding (MOU) on service delivery between the NVCA, Oro Medonte and Severn Sound Environmental Association (SSEA); and WHEREAS: Given that to date there has not been a completed MOU, a service delivery agreement, or "joint staff report"; therefore, BE IT RESOLVED: that the Board of Directors supports the recommendation of the NVCA Executive, that for the 2010 budget year a budget be developed assuming the same service delivery programs are in place as in 2009; and, THAT: Staff be directed to continue to work with Oro-Medonte staff to prepare a "joint staff report" with recommendations regarding an MOU between the NVCA, SSEA and Oro-Medonte, containing recommendations regarding integration of the approved MOU with the current and future budgets, including seeking Board member direction on any budget or work plan adjustments for the 2010 budget year. Carried; Page 29 of 106 Agenda Item # 13a) - Nottawasaga Valley Conservation Authority, Board minutes of BOARD OF DIRECTORS MINUTES MEETING No.10-09 27 November, 2009 Page 5 of 8 9.2 Third Party Review of NVCA Planning Services RES#11 MOVED BY: Rick Milne SECONDED BY: Barry Ward RESOLVED THAT: The Board of Directors direct the Executive Committee and the CAO/Secretary-Treasurer to undertake an independent third party consultant review of the processes used by the NVCA Planning program to deliver the NVCA plan input and review program including but not limited to: fees, timelines, practices and procedures, comparison with adjacent Conservation Authorities, staff capacity, client assessments and recommendations for improved effectiveness and efficiency, and THAT: The Planning Review report be completed by August 31, 2010 for consideration of the Board, and the 2011 budget and business plan, and FURTHER: That the review be authorized to a maximum of $15,000 funded through the NVCA reserves. Carried; 9.3 Draft NVCA 2010 Budget VIA RES#12 MOVED BY: Barry Ward SECONDED BY: Rick Milne WHEREAS: The Executive Committee has reviewed and supported the NVCA Draft 2010 Budget V1.1 dated Nov. 13th 2009; therefore, BE IT RESOLVED: That the NVCA recommends that the Draft 2010 budget V1.1, totaling $3,866,772.05 requiring $1,817,897.06 of general levy, an average 3.0% general levy increase over the 2009 year, be circulated for municipal review; and, FURTHER THAT: The 2010 NVCA budget vote be held at the regular Board Meeting on Friday February, 12, 2010. Carried; 11. NEW BUSINESS 11.1 2010 Schedule of Board of Directors, Executive and NVSPA meetings RES#13 MOVED BY: Terry Dowdall SECONDED BY: Garry Matthews RESOLVED THAT: The 2010 Board of Directors and Executive Schedule of meetings be received. Carried; Page 30 of 106 Agenda Item # 13a) - Nottawasaga Valley Conservation Authority, Board minutes of BOARD OF DIRECTORS MINUTES MEETING No.10-09 27 November, 2009 Page 6 of 8 11.2 Item moved from the in-camera session at the request of Oro Medonte Mayor Harry Hughes re: October 19/09 letter sent to Mayor Hughes from NVCA Chair Walter Benotto at the request of the NVCA Board of Directors RES#14 MOVED BY: Harry Hughes SECONDED BY: Ralph Hough RESOLVED THAT: The letter dated October 19, 2009 to Mayor Harry Hughes, Township of Oro-Medonte from Chair of NVCA be withdrawn. Recorded Vote: In Favour Terry Dowdall, Township of Essa Ron Henderson, Township of Essa Ralph Hough, Township of Oro-Medonte Harry Hughes, Township of Oro-Medonte Rick Milne, Town of New Tecumseth Cal Patterson, Town of Wasaga Beach Ron Simpson, Town of Bradford West Gwillimbury Bill Van Berke[, Town of Innisfil Against Rick Archdekin, Town of Wasaga Beach Walter Benotto, Town of Shelburne Mary Brett, Township of Adjala-Tosorontio Orville Brown, Township of Clearview Reg Cowan, Springwater Township Tom Elliott, Springwater Township Garry Matthews, Township of Melancthon Gord Montgomery, Township of Mulmur Brian Mullin, Municipality of Grey Highlands Fred Nix, Township of Mono Gerald Poisson, City of Barrie Joan Sutherland, Town of New Tecumseth Barry Ward, City of Barrie 21 members present TOTAL: In Favour 8 Against 13 Motion Defeated; 12. CORRESPONDENCE (a) Central Lake Ontario Conservation letter to Dick Hibma, Chair of Grey Sauble Conservation Authority dated Sept 22/09 re: Source Protection Plan Implementation Funding. RES#15 MOVED BY: Mary Brett SECONDED BY: Gord Montgomery RESOLVED THAT: All NVCA member municipalities be forwarded the letter from J.R. Powell dated September 22/09 asking each municipality to respond to this letter to the Association of Municipalities of Ontario and CA in that the implementation of the Source Protection Plan be fully funded by the province. Carried; Page 31 of 106 Agenda Item # 13a) - Nottawasaga Valley Conservation Authority, Board minutes of BOARD OF DIRECTORS MINUTES MEETING No.10-09 27 November, 2009 Page 7 of 8 (b) Minister Donna Cansfield, MNR letter to Oro-Medonte Mayor Harry Hughes dated September 29/09 re: NVCA and SSEA environmental service provision. (c) Conservation Ontario 2010 proposed operating budget presented to the Conservation Ontario Budget and Audit Committee on October 15/09. Ralph Hough, member representing Oro-Medonte questioned the percentage increase that Conservation Ontario has proposed in their draft 2010 budget (17.4%). Chair Walter Benotto advised that a revised budget has been presented by Conservation Ontario with a 9.62% increase. The Executive provided direction to Chair Benotto and Wayne Wilson, CAO/Secretary-Treasurer to support the lowest percentage increase (below 9.6%) presented at the Conservation Ontario budget meeting(s). (Res#7 - item 8.1 of the Executive Committee meeting No. 13/09) (d) Trees Ontario thank you for a successful tree plant, dated Sept 18/09 with acknowledgement from NVCA. (e) Bruce Trail Conservancy welcome to new Landowner Relations Directors, dated Oct 15/09. Introduction letter from Jasie and Denman Lawrenson dated Oct 2109. (f) Township of Tiny dated Sept 30/09 re: Township representation - Nottawasaga Watershed Improvement Program (N-WIP) Steering Committee. (g) Credit River Anglers Association dated Oct 5109 re: Threat to NVCA and their mandate from Mayor David Guergis, Township of Essa. (h) Letter sent to Mayor David Guergis and Council, Township of Essa from the Blue Mountain Watershed Trust Foundation dated Oct 6/09 re: Resolution for dissolution of the Nottawasaga Valley Conservation Authority. (1) Email: J. Saunders, Town of New Tecumseth dated Oct 3/09 re: Supporting the Vital Role of the NVCA. 0) Report of the Clerk of Essa Township C13-2009 re: October 7/09 Resolution. Appeared on the October 21/09 Essa Council Agenda. (k) Township of Mulmur letter to Minister Cansfield, MNR dated Nov 4/09 re: Role and Responsibilities of Conservation Authorities (1) Report of NVCA Past Chair Fred Nix dated November 13/09 re: Past attempts to develop a NVCA/Severn Sound Environmental Association (NVCA) MOU. Provide cao correspondence to the board of directors. RES#16 MOVED BY: Terry Dowdall SECONDED BY: Garry Matthews RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; Page 32 of 106 Agenda Item # 13a) - Nottawasaga Valley Conservation Authority, Board minutes of BOARD OF DIRECTORS MINUTES MEETING No.10-09 27 November, 2009 Page 8 of 8 FUTURE MEETINGS BOARD OF DIRECTORS - December 11/09 NOTTAWASAGA VALLEY SOURCE PROTECTION AUTHORITY - December 11/09 (11:00 a.m.) EXECUTIVE COMMITTEE - December 18/09 ADJOURN TO BOARD OF DIRECTORS PLANNING AND REGULATION WORKSHOP RES#17 MOVED BY: Terry Dowdall SECONDED BY: Garry Matthews RESOLVED THAT: This meeting adjourn at 10:36 a.m. to meet again at the call of the Chair. Carried; Page 33 of 106 Agenda Item # 13a) - Nottawasaga Valley Conservation Authority, Board minutes of Io NOTTAWASAGA VALLEY CONSERVATION AUTHORITY HIGHLIGHTS FROM MEETINGS OF DECEMBER 11T", 2009 NVCA BOARD OF DIRECTORS MEETING -No. 19109 December 11, 2009 ROLE OF CONSERVATION AUTHORITIES ADDRESSED IN PROVINCIAL REPORT AND SUPPORTED BY NVCA BOARD OF DIRECTORS The Board of Directors voted unanimously in support of the draft report titled Policies and Procedures for Conservation Authority Plan Review and Permitting Activities. The report was written to clarify the roles of conservation authorities in development plan review and Conservation Authorities Act (Section 28) regulatory permitting processes. The report was written by the Conservation Authority Liaison Committee (CALC), which includes members from the Ministry of Natural Resources, Ministry of Municipal Affairs and housing, Ministry of Energy and Infrastructure, Conservation Ontario, select conservation authorities, the development industry, municipal sector and environmental groups. Overall, the recommendations in the CALC report support the planning and permitting activities currently being implemented by the NVCA. The role of conservation authorities as environmental planning specialists pertaining to natural hazards, and as watershed management agencies with expertise in natural heritage matters, is noted throughout the report. The CALC report is posted on the government of Ontario's Environmental Registry. The comment period is open until January 11, 2010. NVCA staff made 3 recommendations for report clarification. To read the NVCA staff report or link to the Environmental Registry, please go to http://www.nvca.on.ca/LatestNews/index.htm. NOTTA WASAGA VALLEY SOURCE PROTECTION AUTHORITY (NVSPA) MEETING - No. 03109, December 11, 2009 SOURCE PROTECTION COMMITTEE CHAIR, LYNN DOLL/N, UPDATES NVSPA BOARD ON UPCOMING ASSESSMENT REPORTS Chair Dollin advised that the deadline for the NVSPA Assessment Report is July 13`h, 2010. An Assessment Report will be completed for each of the three SPA'S in the South Georgian Bay Lake Simcoe Source Protection Region. They will be the foundation for the Source Protection Committee to consider risk reduction strategies and land use planning policies in the Source Protection Plan. Each property owner with an activity on their property that is identified as a significant threat to sources of municipal drinking water will be contacted. Source Protection staff will host a workshop for municipal politicians and staff in advance of letters being sent out. In additon, at least 3 public consultation sessions will be held pertaining to the Assessment Reports. Future Meetings and Events For more information contact: Board meeting 12/09 - Jan. 8, 2010 Wayne Wilson Board meeting 01/10 (Annual Meeting & elections) - Jan. 8, 2010 CAO/Secretary-Treasurer Executive Committee 01/10 - Jan. 22, 2010 (705) 424-1479, ext. 225 Family Day Fun at Tiffin - Feb. 15, 2010 wwilson(a)nvca.on.ca Page 34 of 106 Agenda Item # 13b) - Lake Simcoe Region Conservation Authority, Board minutes of ❑ ,k smrr BOARD OF DIRECTORS' MEETING NO. BOD-11-09 FRIDAY, November 27t", 2009 .-.i:?3vritl 120 BAYVIEW PARKWAY NEWMARKET, ON MINUTES Board Members Present Councillor V. Hackson, Chair Councillor B. Drew, Vice-Chair Councillor T. Allison Councillor G. Campbell Mr. E. Bull Councillor K. Ferdinands Regional Councillor J. Grant Mayor R. Grossi Councillor B. Huson Councillor E. MacEachern Councillor J. McCallum Councillor A. Nuttall Councillor J. O'Donnell Regional Councillor J. Taylor Deputy Mayor G. Wauchope Mayor J. Young Staff Present D. Gayle Wood, Chief Administrative Officer B. Kemp, Director, Conservation Lands K. Neale, A/Director, Corporate Services M. Walters, Director, Watershed Management P. Davies, Manager, Watershed Stewardship J. Lee, Manager, Finance G. Casey, Coordinator, BOD/CAO, Projects & Services Guest: M. Geist, Liaison, BILD Regrets: Regional Councillor H. Herrema Councillor J. Rupke Mayor R. Stevens Chair Hackson opened the meeting by welcoming Councillor Terry Allison to the meeting as the new representative for the Township of Oro-Medonte. Councillor Allison is replacing Councillor Agnew on the Authority's Board. In addition, Chair Hackson requested a letter be sent to Councillor Agnew on behalf of the Board to thank him for his dedication and support of the LSRCA during his time with the Board. DECLARATION OF PECUNIARY INTEREST None reported for the record of this meeting. II. APPROVA OF THE AGENDA Moved by: J. McCallum Seconded by: G. Campbell BOD-159-09 RESOLVED THAT the content of the Agenda for the November 27t", 2009 meeting of the Board of Directors be approved as amended to include the Tabled Items Agenda. CARRIED Page 35 of 106 Agenda Item # 13b) - Lake Simcoe Region Conservation Authority, Board minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD-11-09 November 27th, 2009- Minutes Page 2 of 7 III. ADOPTION OF THE MINUTES (a) Board of Directors Moved by: A. Nuttall Seconded by: B. Huson BOD-160-09 RESOLVED THAT the minutes of the Board of Directors Meeting No. BOD-10- 09, held on October 23rd, 2009, be adopted and approved as printed and circulated. CARRIED (b) Administrative Committee Minutes dealt with in "Closed Session". (c) Conservation Ontario Council The CAO responded to the Board's inquiries related to the resolutions that were defeated by Council as noted in the minutes advising that the defeated motions dealt with an increased budget request from Conservation Ontario to the 36 conservation authorities. As the membership on Council is comprised of the Chairs from the conservation authorities, the increase was considered substantial and CO was asked to review their budget in order to present a more acceptable increase for the consideration of the conservation authorities. Moved by: J. Grant Seconded by: G. Wauchope BPD-161-09: RESOLVED THAT the minutes of the meeting of Conservation Ontario Council held on October 5th, 2009, be a received for information. IV. ANNOUNCEMENTS (a) Ernie Crossland Receives the Pioneer Award Chair Hackson advised that she had the pleasure of attending the Pioneer Luncheon at the Latornell Conference on November 19th, 2009, where Ernie Crossland was presented with the Pioneer Award. The Pioneer Award is in recognition of those who have demonstrated life-long, outstanding contributions to the field of conservation. Chair Hackson advised that Ernie will be invited to the December Board where he will be formally congratulated on this achievement. (c) Change of Meeting Date - December Board Meeting The Board was reminded that the next meeting of the Authority's Board of Directors will be held on Thursday, December 17th, 2009. (d) LSRCA's Annual General Meeting The Board was reminded that the Authority's 59th Annual General Meeting will be held on Friday, January 22d, 2010. Details to follow. Page 36 of 106 Agenda Item # 13b) - Lake Simcoe Region Conservation Authority, Board minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD-11-09 November 27t", 2009- Minutes Page 3 of 7 V. PRESENTATIONS There were no Presentations for this meeting. VI. HEARINGS There were no Hearings for this meeting. VII. DEPUTATIONS There were no Deputations for this meeting. VIII. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 5, 6,7,9, and 10 were identified for separate discussion. In addition, the Board requested that Item 7 of the Agenda, Staff Report No. 75-09-BOD be moved to Closed Session for discussion. IX. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by: J. Young Seconded by: R. Grossi BOD-162-09 RESOLVED THAT the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the Board and staff be authorized to take all necessary action required to give effect to same. CARRIED 1. Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation 179/06 BOD-163-09 RESOLVED THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 179/06 be received for information. 2. Correspondence BOD-164-09 RESOLVED THAT the correspondence listed in the agenda as item (a) through (b) be received. 3. Monthly Communications Update BOD-165-09 RESOLVED THAT the Monthly Communications Update - Summary, for the period October 1 to 31, 2009, be received for information. 4. Chair's Quarterly Report BOD-166-09 RESOLVED THAT Chair's Report No. 05-09-Chair which outlines the activities of the Authority's Chair for the period July 1 to September 30, 2009, be received for information. 8. Watershed Showcase on the Road BOD-167-09 RESOLVED THAT Staff Report No. 76-09-BOD, which provides an update on the Watershed Excellence Showcase on the Road activities undertaken in the Fall of 2009, be received. Page 37 of 106 Agenda Item # 13b) - Lake Simcoe Region Conservation Authority, Board minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD-11-09 November 27t", 2009- Minutes Page 4 of 7 11. Project Funding Update - Lake Simcoe Conservation Foundation BOD-168-09 RESOLVED THAT Staff Report No. 71-09-BOD which provides an update regarding the 2009 Foundation funding expenditures in relation to the delivery of LSRCA projects; and FURTHER THAT the Foundation Board be formally thanked for their continued support. 12. Tender Award - Keffer Marina Habitat Restoration Project (Tabled Items & Other Business) BOD-169-09 RESOLVED THAT Staff Report No. 79-09-BOD detailing the records of tenders for the Keffer Marina Habitat Restoration Porject be received for information; and FURTHER THAT the tender CL 2009-004 be awarded to Steve's Bobcat 1728259 Ontario Inc. CARRIED X. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISUCSSION 5. Budget Status Report -October 31. 2009 The Board dealt with Staff Report No. 73-09-BOD regarding the status of the Authority's budget for the period ending October 31st, 2009. Moved by: B. Drew Seconded by: G. Wauchope BOD-170-09 RESOLVED THAT Staff Report No. 73-08-BOD regarding the Authority Budget Status for the ten month period ending October 31, 2009, be received. CARRIED 6. Hazard Tree Management Strategy The Board dealt with Staff Report No. 74-09-BOD regarding the Authority's Hazard Tree Maintenance Guidelines for Forested Properties Managed by the Lake Simcoe Region Conservation Authority. Staff provided further information related to the "Red Pine Decline" which is being noticed in some areas advising that staff are aware of the situation and are monitoring and taking appropriate steps in relation to fallen trees and addressing those that need to removed before they fall. In response to the potential impact on the Authority's budget in relation to having to outsource work to professional tree cutters, staff advised that in most cases Authority staff will be doing the work and it is not expected that a great deal of work, if any, would be outsourced. Moved by: G. Wauchope Seconded by: T. Allison BOD-171-09 RESOLVED THAT Staff Report No. 74-09-BOD regarding the Hazard Tree Maintenance Guidelines for Forested Properties Managed by the Lake Simcoe Region Conservation Authority be received for information; and FURTHER THAT it be adopted to guide the assessment, management, and abatement of hazard trees on LSRCA owned and managed properties. CARRIED Page 38 of 106 Agenda Item # 13b) - Lake Simcoe Region Conservation Authority, Board minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD-11-09 November 27t", 2009- Minutes Page 5 of 7 9. Lake Simcoe Protection Plan The Board dealt with Staff Report No. 77-09-BOD which provided an update regarding the Lake Simcoe Protection Plan. Councillor O'Donnell advised that the Province will be making a presentation to their Council on December 21St, 2009, and requested that Authority staff meet with staff from Ramara to review the implementation roles and responsibilities prior to this meeting. The Board requested an update regarding the status of funding for the Authority's work on the implementation of the Plan. The CAO responded that funding has been provided for the Phosphorus Reduction Strategy and that the dialogue with the Province continues to address where the CA is expected to be involved in the implementation of the Plan. This information, once provided, will be presented to the Board for their consideration and approval. Councilor Nuttall, City of Barrie, requested that LSRCA staff attend a future meeting of Council in order to review the programs and services of the LSRCA as there continue to be concern regarding the duplication of efforts between the Province and the LSRCA/municipalities. The CAO confirmed that there is no duplication of efforts between the LSRCA and the municipalities however there is some level of duplication between the Province and the LSRCA in the areas of stewardship, natural heritage and the coordination of the Lake Simcoe initiative which was done by the LSRCA for 15 years. The CAO reminded the Board that duplication was an area of concern identified by the LSRCA's Board throughout the process related to the development of the Lake Simcoe Protection Act and Plan. Moved by: J. Taylor Seconded by: B. Huson BOD-172-09 RESOLVED THAT Staff Report No. 77-09-BOD regarding the November Update on the Lake Simcoe Protection Plan Implementation be received, approved and forwarded to the Ministry of the Environment's Lake Simcoe Team for their information. CARRIED The Board had a discussion regarding the LSRCA's involvement in floodplain regulations and planning advice. The CAO clarified that the CA is mandated under the Conservation Authorities Act to regulate the floodplain. However, in relation to Planning advice, this is negotiated with each municipality. The Board requested a discussion at a future meeting on floodplain mapping, regulation, and providing advice/comments on planning matters. 10. Thiess-Twinning Initiative The Board dealt with Staff Report No. 78-09-BOD which provided information related to the Twinning component of winning the 2009 International Thiess Riverprize. The Board requested the Internal Working Committee include the Chair and two additional Board Members. Page 39 of 106 Agenda Item # 13b) - Lake Simcoe Region Conservation Authority, Board minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD-11-09 November 27t", 2009- Minutes Page 6 of 7 The following members put their name forward for consideration: Regional Councillor John Taylor Councillor John McCallum Councillor Bobbie Drew Councillor John O'Donnell Councillor Barbara Huson Councillor Jack Rupke In addition, staff were asked to add the complexity of inter-jurisdictional issues (ie in relation to Verde River, Mexico) to the list of criteria and to also add a potential Canadian project to the list for consideration and measurement with the criteria. (ie. A First Nations site) Moved by: J. Taylor Seconded by: G. Wauchope BOD-173-09 RESOLVED THAT the Internal Committee be expanded to include the LSRCA's Chair and two additional Board Members; and CARRIED Moved by: B. Huson Seconded by: G. Wauchope BOD-174-09 RESOLVED THAT Staff Report No. 78-09-BOD regarding the "Twinning" component of the Thiess 2009 International Thiess Riverprize Award which was presented to the Lake Simcoe Region Conservation Authority on September 22"d, 2009, be received; and THAT the criteria as outlined in this report be revised to include the addition of complexity of inter-jurisdictional issues; and FURTHER THAT this Staff Report be approved as revised for submission to the International Riverfoundation for their information. CARRIED XI. CLOSED SESSION Moved by: B. Drew Seconded by: J. Young BOD-174-09 RESOLVED THAT the Authority's Board of Directors will move to Closed Session to discuss confidential legal and human resource matters; and FURTHER THAT the following Authority staff be present for these discussions: For Item 7 of the Agenda: D. Gayle Wood, Chief Administrative Officer, Brian Kemp, Director, Conservation Lands, Ken Neale, A/Director, Corporate Services, Mike Walters, Director, Watershed Management, and Gina Casey, Coordinator, Board/CAO, Projects and Services. For Item XI(a) only D. Gayle Wood, Chief Administrative Officer will remain in the meeting. CARRIED Page 40 of 106 Agenda Item # 13b) - Lake Simcoe Region Conservation Authority, Board minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD-11-09 November 27t", 2009- Minutes Page 7 of 7 Moved by: J. Grant Seconded by: B. Drew BOD-175-09 RESOLVED THAT the Authority's Board of Directors rise from Closed Session and report their progress. CARRIED 7. Scanlon Creek Outdoor Environmental Program - Marketing Strategy The Board dealt with Staff Report No. 75-09-BOD detailing the records of tenders for the Strategic Marketing Plan for the Outdoor/Environmental Education Program at Scanlon Creek. Moved by: R. Grossi Seconded by: J. Grant BOD-176-09 RESOLVED THAT Staff Report No. 75-09-BOD detailing the records of tenders for the Strategic Marketing Plan for the Outdoor/Environmental Education Program at Scanlon Creek (CL 2009-002) be deferred to the December 17tH, 2009, meeting of the Board for further consideration. CARRIED (a) Minutes - Administrative Committee Meeting Moved by: R. Grossi Seconded by: J. Grant BOD-177-09 RESOLVED THAT the minutes of the Administrative Committee Meeting held on November 13th, 2009, be approved as printed and circulated; and FURTHER THAT Confidential Staff Report No. 27-09-BOD regarding Organizational Enhancements be received and forwarded to the December 17th, 2009, meeting of the Board for further review and discussion. CARRIED XII OTHER BUSINESS No Other Business identified. XII. ADJOURN Meeting adjourned at 11:50 a.m. on a motion by B. Drew. Original signed by: Councillor V. Hackson Chair Original signed by: D. Gayle Wood, CMM III Chief Administrative Officer Page 41 of 106 Agenda Item # 13b) - Lake Simcoe Region Conservation Authority, Board minutes of Presentations: (a) Oak Ridges Moraine Foundation (ORMF) Ms. Kim Gavine, Executive Director, Oak Ridges Moraine Foundation, presented the Authority's Board of Directors with a framed print in recognition of the partnership between the Authority and the ORMF, giving specific mention of the Authority's involvement in the "Caring for the Moraine" initiative. Ms. Gavine advised the ORMF and the Authority have worked together for many years and applauds the leadership the Authority has shown and the projects completed. (b) Ernie Crossland 2009 Pioneer Award on behalf of the Authority's Board of Directors, Chair Hackson congratulated Mr. Crossland on his receiving the 2009 Pioneer Awards presented at the Latornell Conference in November 2009 and presented Mr. Crossland with a donation to his Environmental Education Scholarship Fund. Mr. Crossland addressed the Board advising that he was pleased to accept this award on behalf of everyone who has contributed to making his vision for the protection of the environment a reality. Mr. Crossland provided information on the purpose of his Scholarship Fund and encouraged everyone around the table to please consider making a donation. L-R: Virginia Hackson, Chair, Brian Kemp, LSRCA, Kim Gavin, ORMF, Councillor Bobbie Drew, Vice Chair L-R: Virginia Hackson, Chair, Mr. Ernie Crossland, Councillor Bobbie Drew, Vice Chair, Regional Councillor John Taylor, Town of Newmarket. Regional Councillor John Taylor, Newmarket, took the ' opportunity to thank Mr. Crossland and to recognize him as an outstanding individual who is all about the environment and conservation. Councillor Taylor echoed Mr. Crossland's words of encouragement that everyone consider making a donation to this very worthwhile endowment that will continue as a legacy in years to come. Lake Simcoe Region Conservation Authority, 120 Bayview Parkway, Newmarket, ON L3Y 3W3 E-mail: info;c'1)-t Isrca.on.ca Web site- vPmw.lsrca.on ca Page 42 of 106 Agenda Item # 13b) - Lake Simcoe Region Conservation Authority, Board minutes of (c) Councillor Sandy Agnew on behalf of the Board of Directors, Chair Hackson made a presentation to Councillor Sandy Agnew, Township of Oro- Medonte, and thanked him for his dedication and commitment while a member of the Authority's Board for the . ° past three years. L-R: Virginia Hackson, Chair, Councillor Sandy Agnew, Township of Oro-Medonte, Councillor Bobbie Drew, Vice Chair. Delegations: • The Board received a delegation from Ms. Debbie Schaeffer, Chair, Concerned Citizens of King Township and Ms. Katherine Parsons, Director, Global Environmental Action Group. Their combined presentation related to concerns associated with the proposed gas fired peaking generating plant by York Energy Centre LP, in the Township of King. Their presentation can be found at www.lsrca.on.ca (click on Board of Directors meeting at the left side of the home page) • The Board received a delegation from Mr. Jeff Myers, President and CEO, York Energy Centre, LP, regarding the application submitted by Pristine Power on their behalf to build and operate a natural gas fired peaking generating plant in the Township of King, Regional Municipality of York. A copy of this presentation can be found at www.lsrca.on.ca (click on Board of Directors meeting at the left side of the home page) • The Board received Staff Report No. 84-09-BOD titled Pristine Power Peaker Plant Proposal - Update and passed the following resolution: BOD-182-09 RESOLVED THAT Staff Report No. 84-09-BOD regarding the development of a gas fired peaking generating plant by York Energy Centre, LP, in the Township of King be received; and FURTHER THAT the Board have a meeting with the Authority's legal counsel to discuss the application in relation to the Provincial Policy Statement. Lake Simcoe Region Conservation Authority, 120 Bayview Parkway, Newmarket, ON L3Y 3W3 E-mail: info;c'1)-t Isrca.on.ca Web site: vPmw.lsrca.on ca Page 43 of 106 Agenda Item # 13b) - Lake Simcoe Region Conservation Authority, Board minutes of Staff Reports: The Board dealt with Staff Report No. 8S-09-BOD regarding the Authority's participation in the federally run program Lake Simcoe Clean Up Fund. Councillor O'Donnell requested clarification regarding the Lake Simcoe Septic System Funding Program and the Ramara Creeks Stewardship BMPs. The Board dealt with Staff Report No. 86-09-BOD entitled LSRCA Board Agendas - Paperless. Some members expressed concern with accessing the Board Agendas digitally given their limited access to the i nternet. It is understood that this may not be the most suitable venue for all Members and this will be addressed as the initiative moves forward and is put in place as a pilot project for the Board's trial and comment. Other Business: Next meeting of the Authority's Board of Directors is the Annual General Meeting to be held on Friday, January 22nd, 2010, at Madsen's Greenhouse, Newmarket, beginning at 9:00 a.m. Lake Simcoe Region Conservation Authority, 120 Bayview Parkway, Newmarket, ON L3Y 3W3 E-mail: info;c'1)-t Isrca.on.ca Web site- vPmw.lsrca.on ca Page 44 of 106 Agenda Item # 13c) - Midland Public Library Board minutes, meeting held on Novemb... F_. MIDLAND PUBLIC LIBRARY BOARD MEETING 4P pe 1 ofj5 DATE: November 12, 2009 LOCATION: Midland Public Librar B~e, rdroom i PRESENT: A. Campbell, G.A. Walker, J. Swick, V. Nihill, R. Hackney, J. LeFeb P. File REGRETS: B. Desroches, V. Barycky, C. Moore STAFF: G. Griffith, Recording Secretary, B. Molesworth, CEO ITEM 2. 3. 4. Call to Order G.A. Walker called the meeting to order at 7:00 p.m. Approval of the agenda Moved by: J. LeFebvre Seconded by: R. Hackney That the agenda be approved, as circulated. Approval of the minutes of the previous meeting Moved by: V. Nihill Seconded by: J. Swick That the minutes of the Board meeting held on October 8, 2009 be approved. Business arising from the minutes 4.1 IFOA B. Molesworth reported that the International Festival of Authors, that was held November 1St to the 3rd, was very successful. 164 tickets were sold overall. The Toronto organization were very impressed with the turn out and suggested that, if you looked at the numbers proportional to Toronto, we would have filled the Roger's Centre. They asked if we would be interested in hosting again next year. B. Molesworth responded in the affirmative. He will check with Barrie and Orillia to see if they are interested. 4.2 BUDGET 2010 B. Molesworth informed the Board that he attended Council's budget meeting on Tuesday evening to discuss the 2nd draft of the 2010 budget. Council is in a very difficult position this year due to increased costs over which they have no control. ACTION CARRIED CARRIED Page 45 of 106 Agenda Item # 13c) - Midland Public Library Board minutes, meeting held on Novemb... MIDLAND PUBLIC LIBRARY BOARD MEETING Page 2 of 5 DATE: November 12, 2009 LOCATION: Midland Public Library Boardroom ITEM ISSUE ACTION 4. Business arising from the minutes - continued B. Molesworth went on to say that he understands this, but with the expansion doubling our space, we will need the new positions to handle the expected increase in use. B. Molesworth has since met with Town CAO, T. Walker and Treasurer, S. Gignac about the Library's position. They both feel that the two new Library positions should be withdrawn. There seemed to be some voices at Council that could see hiring the part-time janitorial position. The increase in the collections budget has been dropped from 30% to 15%. B. Molesworth asked the Board if they had any comments. V. Nihill asked if we know, for sure, that we will need the positions. B. Molesworth responded that, from what he has read, every other Library that has built new, or expanded, has experienced increases of 30% to 50%. He went on to say that, due to technological enhancements, we may be able to absorb the Circulation position but the public will be expecting new programmes and services and we will need someone to help promote same. J. Swick asked if there was a formula that calculates staffing vs. circulation. B. Molesworth mentioned the space needs assessment that was done a few years ago that laid out the space vs. staffing. It indicated that we should have 22 staff. In speaking to building security, J. Swick wondered if security cameras could be used to help replace the extra Staff. B. Molesworth stated that we do have an outdated security system now and that there is money in the budget for wiring for a new system. V. Nihill said that, since the new space doesn't open until half way through the year, perhaps we can wait and see how things go. A. Campbell remarked that clients will put pressure on us to provide service. We will hear from them. J. Swick said the new Library building will be a draw for people looking at moving to Midland. R. Hackney stated that it is a tough year for the Town with the Professional Firefighter's settlement and other increased costs. Taxes will have to increase, but they are trying to keep the increase as low as possible. Given the discussion, B. Molesworth will tell CAO, T. Walker and Treasurer, S. Gignac to go ahead with their suggested cuts. Page 46 of 106 Agenda Item # 13c) - Midland Public Library Board minutes, meeting held on Novemb... MIDLAND PUBLIC LIBRARY BOARD MEETING Page 3 of 5 DATE: November 12, 2009 LOCATION: Midland Public Library Boardroom ITEM ISSUE ACTION 5. Approval of the accounts A. Campbell commented that, of the total expenditures for the month of October, approximately $260,000.00 is for the building project. Moved by: A. Campbell Seconded by: J. Swick That the accounts for the month of October 2009 totalling $298,698.52 be approved. 6. Reports of Board Committees 6.1 Finance Committee Finance Chair, A. Campbell distributed the Library's financial statement for the ten months ending October 31, 2009. He commented that the net operating position is not far from where it should be. The Finance report was adopted. 6.2 Fundraising Committee - Community Campaign Launch B. Molesworth reported that the Committee is meeting every two weeks. F. Kemp is continuing to make her approaches to organizations and individuals. The Committee is looking into establishing a brokerage fund. F. Kemp went to a meeting this morning with the Township of Oro-Medonte. We don't know yet how that went. F. Kemp is also looking at holding a kick-off event for the community campaign sometime in January. The community campaign should run while the building is still under construction. It would be held, probably, at the NSSRC with a special event planned. B. Molesworth has connections with publishers and authors due to the author series, so perhaps we could host an afternoon with authors possibly on the Sunday afternoon of the weekend of January 16", 17t". B. Molesworth asked for the Board's thoughts. P. File suggested that perhaps there could be a children's component. You might need to hold a bigger event that would have broader appeal to attract a larger group. B. Molesworth stated that invitations would be sent out to individuals and organizations in order to bring people in. CARRIED Page 47 of 106 Agenda Item # 13c) - Midland Public Library Board minutes, meeting held on Novemb... MIDLAND PUBLIC LIBRARY BOARD MEETING Page 4 of 5 DATE: November 12, 2009 LOCATION: Midland Public Library Boardroom ITEM ISSUE ACTION 6. Reports of Board Committees - continued P. File went on to say that organizing anything in January is difficult. B. Molesworth will speak to F. Kemp about beefing up the event and possibly moving it back in January. 6.3 Building Committee - Progress/Schedule G.A. Walker mentioned that she has had complaints from business owners about the number of times Elizabeth St. has been closed with no notice. Could there be notice in advance? B. Molesworth will speak with the site manager about this issue. B. Molesworth reported good progress on the stonework. The roof testing has been completed with no problems. Library Staff are receiving all kinds of positive comments about how the expansion looks. 6.4 Report from the Friends of the Midland Public Library The Friends have not met recently, so no report. 7. New business 7.1 Christmas Schedule As New Years falls on a Friday this year, B. Molesworth asked if the Board would agree to the Library staying closed for Saturday, January 2, 2010. Staff that are normally scheduled to work that day would have to use vacation or banked time. After some discussion, the Board agreed. Moved by: A. Campbell Seconded by: J. LeFebvre That the Library be closed on Saturday, January 2, 2010. 7.2 December Schedule C. Moore has offered her house, once again, for the December Board meeting, which this year will be on Thursday, December 10t". As usual, there will be a short Board meeting with finger food to follow. G. Griffith will send out the particulars with the Board packages. Two Board members expressed their regrets as they will not be able to attend. CARRIED Page 48 of 106 Agenda Item # 13c) - Midland Public Library Board minutes, meeting held on Novemb... MIDLAND PUBLIC LIBRARY BOARD MEETING Page 5 of 5 DATE: November 12, 2009 LOCATION: Midland Public Library Boardroom ITEM ISSUE ACTION 8. Information 8.1 Chief Librarian's Report B. Molesworth spoke to the item in his report on RFID. We are deferring a decision until we are sure there are no compatibility issues with the new ILS. 9. Adjournment Moved by: R. Hackney That the meeting be adjourned at 7:45 p.m. r an of a Board c Librarian Page 49 of 106 Agenda Item # 13d) - Correspondence dated December 23, 2009 from Town of Wasaga B... O,F,NASAGq O~ e~2 7 yr ^9~ OR,RA~O December 23, 2009 Township of Oro-Medonte, 148 Line 7 South, Box 100 Oro, Ontario LOL 2X0 Attn: Mr. Doug Irwin, Clerk Dear Mr. Irwin: Re: Minutes of NVCA meeting - 9 October 2009 30 LEWIS STREET WASAGA BEACH, ONTARIO CANADA L9Z 1A1 www.wasagabeach.com J 0~ Your resolution with respect to the Township's request to reduce the CA Jurisdiction was presented to Council on December 22nd, 2009 The following resolution was tabled and defeated. `Resolved That Council does hereby support the Resolution from the Township of Oro- Medonte with respect to altering the `Oro-Medonte' boundaries back to their `original watershed basis'; And Further That it supports Oro-Medonte's request for clear and accurate identification of the Mediation Resolution between the NVCA and Oro-Medonte, in all public documentation and meeting minutes of the NVCA'. Yours truly, Pam Archdekin, Deputy Clerk. Administration: (705) 429-3844 Fax: 429-6732 Building: 429-3847 By-Law: 429-2511 Recreation: 429-3321 Arena: 429-0412 Public Works: 429-2540 Fax: 429-8226 Fire Department: 429-5281 Page 50 of 106 Agenda Item # 13d) - Correspondence dated December 23, 2009 from Town of Wasaga B... Township of December 10, 2009 Proud Heritage, Exciting Future Wayne Wilson, CAO1Secretary Treasurer Nottawasaga Valley Conservation Authority 8195 8th Line Utopia, ON LOM 1T0 Re: Minutes of Nottawasaga Conservation Authority meeting held on October 9, 2009 Dear Mr. Wilson, At its regular Council meeting of December 9, 2009 Council of the Township of Oro-Medonte received the minutes of the Nottawasaga Valley Conservation Authority meeting of October Stn, 2009 and the following motion was carried through a recorded vote: "Be it resolved that: Whereas the Nottawasaga Valley Conservation Authority (NVCA) communications and meeting minutes up to and including October 9, 2009, state "Ora-Medonte Request to Reduce CA Jurisdiction"; And Whereas public agencies, such as municipalities and conservation authorities, strive to ensure transparency and avoid the use of potentially misleading statements; Now Therefore the Township of Oro-Medonte formally requests the NVCA avoid abbreviating the Mediation Resolution of April 8, 2009, and ensures that all public documentation and meeting minutes clearly reflects the Mediation Resolution statement which reads: "Nottawasaga Valley Conservation Authority representatives hereby request that The Corporation of the Township of Ora-Medonte put a resolution before the Board of the Nottawasaga Valley Conservation Authority to alter the "Oro-Medonte" boundaries back to their "original watershed basis"....' And That all NVCA municipalities be requested to support.©ro-Medonte's request for clear and accurate identification of the Mediation Resolution between NVCA and Oro- Medonte, in allpublic 'documentation and meeting minutes of the NVCA" 148 Line 7 South, Box 100 P: (705) 487-2171 www oro-medonte.ca Oro, Ontario LOL 2X0 F: (705) 487-0133 Page 51 of 106 Agenda Item # 13d) - Correspondence dated December 23, 2009 from Town of Wasaga B... A recorded vote was requested by Councillor Crawford. Nay - Councillor Agnew Yea - Councillor Allison Yea - Councillor Coutanche Yea - Councillor Crawford Yea - Councillor Evans Yea - Deputy Mayor Hough Yea - Mayor Hughes Should you require further information, please contact the undersigned. Yours truly, oug I Clerk /ii cc: Nottawasaga Valley Conservation Authority Watershed Municipalities Mayor and Members of Council Robin Dun, CAO Andria Leigh, Director of Development Services Page 52 of 106 Agenda Item # 14a) - Correspondence received January 6, 2010 from Don Nelson re: From: dnelson Sent: Wednesday, January 06, 2010 1:56 PM To: Ball, Jerry Subject: Sidewalk - Winter Maintenance Good day Mr. Ball; In following up to a voicemail I left for you yesterday, 06 Jan 2010; 1 live on Procee Circle in the village of Craighurst. A number of community members are curious to know if the sidewalk that runs parallel to Horseshoe Valley Rd at the top of the subdivision could be maintained and cleared of snow and ice during the Winter Maintenance season. This sidewalk is heavily relied upon all year-round for pedestrians making their way up to and back from the "business section" of Craighurst. As it stands, we are forced to walk on the side of the road and are exposed to the dangers of passing traffic. Thank you for any attention you can afford to this matter. Don J. Nelson Page 53 of 106 Agenda Item # 14b) - 2010 AIVIO Annual Conference, August 15-18, 2010, Hosted by th... 200 University Avenue, Suite 801 AMO A1ln1a1 Toronto, ON., M5H 3C6 Conference/AGM • P: 416-917-9856 Association of Municipalities of Ontario August 15-18,2010 F:416-971-6191 E: amo@amo.on.ca Caesars Windsor _ _r _ Please note: 1. Caesars Windsor will release AMO rate guest rooms for reservations on Monday, .January, 2010 at 10:00 a.m. A link to the online booking page will be made available on the AMO website. If you prefer to phone in on Monday, January 4t', 2010 at 10:00 a.m. the Caesars Reservations number is 1-800-991-8888. 2. A non-refundable cancellation fee will be implemented at the main conference hotel (Caesars Windsor) for conference room reservations in order to deter the practice of overbooking guest rooms. 3. AMO also has a block of rooms reserved at the Hilton, Radisson and Travelodge hotels. Guest room rates for these hotels as well as other hotels in the area can be found on the AMO website www.amo.on.ca under the AMO Conference link. Please take note of overflow hotel deposit policies. 4. This document is two pages in length please read carefully as it contains information that may affect your stay if you select Caesars Windsor. Things to, Note Prior to Making Your Booking at Caesars ■ Hotel Towers: There are two hotel towers at Caesars: the Forum Tower located adjacent to the Casino and the Augustus Tower located in the Convention Centre. Due to being located in the Gaming Area, the Forum Tower is restricted to guests 19 years of age and older. Please keep this in mind when booking your hotel room. • Minors: Minors are permitted access to the Augustus Tower hotel, Augustus Cafe and convention space but not to any other location, including the pool and fitness room. An adult must accompany minors at all times while staying on the property. ■ Photo Identification: You must be 19 years of age or older to enter the non-Convention portion of Caesars Windsor and may be requested to show proof of age with acceptable identification. If you appear to be 30 years of age or younger, you will be asked for one piece of photo identification. If you are between the ages of 19 and 21, you will be asked for two-pieces of identification and may be asked to wear a hand stamp or bracelet. Security officers can request a second piece of identification regardless of age, at any time, which must be produced before entry can be permitted. o Government issued identification such as a driver's license or passport is considered your main and primary piece of identification. o If a second piece of identification is requested the following pieces of identification will be accepted: a credit card with signature, bank card with signature, social security card, student identification with photo and signature, birth certificate, employee identification cards, etc. The Booking Process The 2010 block of guest rooms at Caesars Windsor will be released for booking on January 4'd, 2010 at 10:00 a.m. Municipalities will be given the opportunity to make individual bookings at this time. All guest rooms must be booked using a credit card and must be assigned individual names; any multiple bookings under one guest name will be cancelled. We are therefore requesting your co-operation with the 2010 booking process: Page 54 of 106 Agenda Item # 14b) - 2010 AMO Annual Conference, August 15-18, 2010, Hosted by th... ■ Upon booking, the hotel will charge a three-night deposit to all reservations, securing rooms over the peak conference dates of August 15 - 17, 2010. ■ Should you cancel your reservation before June 30', 2010 you will be charged a one-night non-refundable cancellation fee and have the remainder of the deposit credited back to your credit card. ■ After June 30'`, 2010, if you cancel the guest room reservation or reduce the number of nights you plan on staying at the hotel then none of the deposit will be refunded. ■ You may change names on the reservation without penalty at any time. We hope that this process will encourage municipalities to book only those guest rooms that are actually needed so that more delegates will have the opportunity to stay at the official conference hotel. Guest rooms will still be available at overflow hotels and for those bookings requiring deposits please review the individual hotels policy on refunds. If you have any questions about the booking and cancellation policy, please contact Nav Dhaliwal at 416-971-9856, toll free 1-877-426-6527 or by email at ndhaliwal@amo.on.ca. Page 55 of 106 Agenda Item # 14c) - Corresondence dated December 9, 2009 from Colleen Fagan, re:... December 9, 2009 Mayor and members of Counsel " Box 100 DEC 7 7 2011 Oro-Medonte, Ont. Oft r ice, w1 LOL 2X0 Re: Property with call letters 4739 To Whom It May Concern: I am writing in the hope that a major problem I am having at my property in the township of Oro- Medonte can be addressed this winter and a plan of action can be implemented next spring. I own property on the corner of the 6th concession and Mount St. Louis Road. This property has been in the family for as long as can be remembered. My driveway is and always has been on the 6th concession close to the bottom of the big hill. My problem is that the during heavy rains the gravel washes out my driveway and fills the culvert and often flows over into the yard leaving large amounts of the gravel on the lawn. This has been ongoing for some time, but seems to be getting worse. Mr. Gerry Ball will attest to the many calls I have placed to him and the township office to have it dug out. Mr. Ball and his staff have tried their best to keep up, but can only come so often too clean it up. It is very frustrating as I spend a large amount of money to keep the property well maintained and looking well kept. It is also frustrating not to know if I will be able to actually get in the driveway on returning home after a rain. I must also consider who will be responsible for removing the large amounts of gravel. This road is being used more; the grader and other large vehicles accessing the hill do travel up and down the hill more often, perhaps causing the gravel to loosen. My neighbors also notice the more frequent floods we are having sometimes right down to Mount St Louis road and around the corner. There for e it would, be appreciated if at your council, meeting this could be discussed and perhaps a plan could be developed to aid in a solution to this matter. Thank You for your consideration, Colleen Fagan G f~~ Page 56 of 106 Agenda Item # 14d) - Correspondence dated January 5, 2010 from Sharon Lempriere r... Shaa on Lemplz i e2e RE 59 Lakezhone Road E. G Lo,t 48 949 Plan 798 Con. 8 JAN - 6 2010 ARCS-MEDONTE a. Doug.eaz lAw-in ;an. 5 2010 Di2ec.toA o/ Corzpona.te Service 0,, o-l' edon.te l w,~p. Dzafz viz, &e, the a&u.tt.ing ownen.z, ( Sharon & Kim Lerrpaiie ze, Ro,.in Lee, gany Aown, Sha zon & D za.in V,ikaanek) wou.id 9e veIzy .in.te/z.ezied in paAcha,6.ing the zect.ion o~e hand commen-ig known az O'Conn,-,U Lane ge.tween Sophia five, and Baizgaiza Ave. yourz con.aidezatioa and heZp in .th.iz ma.t.te2 would ,e gAealZy app,zec.ia.ted. A chzque in the Gam of $250.00 a,6 pzA izeque.ted .iz enciozed. %hank you Shatz 6n Lem~z z ieize Page 57 of 106 Agenda Item # 14d) - Correspondence dated January 5, 2010 from Sharon Lempriere r... Page 58 of 106 Agenda Item # 18a) - Being a By-Law to Authorize the Issuance of the Certificate THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-002 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptable (Aboveground Works) for Monica Interior Design Ltd. and Modco Investments Ltd. -Sugarbush Phase III, Stage IV -Section "C" , Registered Plan 51 M-367, 51 R-28207, 51 R-31153 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered into an amended Subdivision Agreement with Monica Interior Design Ltd. and Modco investments Ltd. in June 2002 to construct the final phase of a residential development consisting of fourty eight (48) lots on Ironwood Trail and Ash Court. AND WHEREAS the requirements of this Subdivision Agreement with respect to the aboveground works have now been met; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: That the Certificate of Maintenance and Final Acceptance (Aboveground Works) for Monica Interior Design Ltd. and Modco Investments Ltd., Registered Plan M- 367, Phase III, Stage IV -Section "C", 51 R-28207, 51 R-31153 may now be issued by the Township Engineers (AECOM) in compliance with the Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Monica Interior Design Ltd. and Modco Investments Ltd. Sugarbush Phase III- Stage IV -Section "C. That the attached Schedule "A", Certificate of Maintenance and Final Acceptance (Aboveground Works) shall form part of this By-Law. 3. That this By-law shall come into force and take effect on the final date of passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 59 of 106 Agenda Item # 18a) - Being a By-Law to Authorize the Issuance of the Certificate SCHEDULE "A" TO BY-LAW NO. 2010-002 Dat Page 60 of 106 Agenda Item # 18b) - Being a By-law to Provide for an Interim Tax Levy and to Pro THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-003 Being a By-law to provide for an interim tax levy and to provide for the payment of taxes and to provide for penalty and interest WHEREAS Section 317(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, provides that the Council of a local municipality may before the adoption of the estimates for the year pass a by-law levying amounts on the assessment of property in the local municipality rateable for local municipality purposes; AND WHEREAS Section 317(3) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, provides that the amount levied on a property shall not exceed 50% (percent) of the total amount of taxes for municipal and school purposes levied on the property for the previous year; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it expedient to enact such a by-law; NOW THEREFORE the Council of the Corporation of the Township of Oro- Medonte enacts as follows: 1. There shall be levied and collected upon all properties having rateable assessment in the Corporation of the Township of Oro-Medonte an amount of 50% of the total amount of taxes for municipal and school purposes levied on the property for the previous year. 2. The said interim tax levy shall be due and payable in two equal installments on or before Friday February 26t", 2010 and Friday April 30t", 2010. 3. The Treasurer is hereby authorized to mail or cause to be mailed the notice of taxes due to the address of the residence or place of business of the person to whom such notice is required to be given as shown on the latest revised Assessment Roll. 4. A penalty for non-payment of taxes shall be imposed not exceeding 1 on the first day of default, and on the first day of each calendar month thereafter during the year 2010, until taxes are paid. 5. That there be added an interest charge of 1 '/4% on the first day of each month on any outstanding tax arrears from the 31St day of December in the year in which the taxes were levied until the taxes are paid. 6. Taxes are payable at the Township of Oro-Medonte Administration Office or at most financial institutions which accept and process payments on behalf of customers, with the onus on the financial institution to remit payments on time. 7. That the Treasurer be authorized to accept part payment from time to time on account of any taxes due and to give a receipt for such part payment, provided that acceptance of any such payment shall not affect the collection of any penalty or interest or any other levies, rates, charges or collections imposed, collectable and due in respect to any non-payment. Page 61 of 106 Agenda Item # 18b) - Being a By-law to Provide for an Interim Tax Levy and to Pro By-law No. 2010-003 interim Tax Levy By-law No. 2009-005 is hereby repealed. That this by-law comes into force and takes effect on and from the date of the final passing. BY-LAW READ A FIRST AND SECOND TIME THIS 13th DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 62 of 106 Agenda Item # 18c) - Being a By-Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-004 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND DAVID AND KELLY BORNE TO ALLOW FOR TWO DWELLINGS WHEREAS the Municipal Act, 2001,S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it desirable to enter into an agreement dated January 13, 2010, for a 12 month period from the date of building permit issuance, with David and Kelly Borne to temporarily reside in the existing dwelling which will be demolished after the completion of the new dwelling at 744 Ridge Road East, South Part of Lot 23, Concession 9 (Oro), Township of Oro-Medonte. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By-Law; 2. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 63 of 106 Agenda Item # 18c) - Being a By-Law to Authorize the Execution of an Agreement Be... Schedule "A" to By-law No. 2010-004 AGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, We, David and Kelly Borne, of the Township of Oro-Medonte (formerly Township of Oro) in the County of Simcoe, covenant and agree as follows: 1. That we are the registered owners of South Part of Lot 23, Concession 9 being more particularly described as 744 Ridge Road East. 2. That we have applied to the Council of the Corporation of the Township of Oro-Medonte for permission to temporarily reside in our existing dwelling on the above-mentioned lands, at the same time as a new dwelling is under construction on those same lands, wherein such procedure is not provided for under the provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That we hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for the eighteen month period from permit issuance or until completion of the proposed new dwelling, whichever is the lesser period of time; and b) That on completion of the new dwelling, as evidenced by a Provisional Occupancy Certificate, the existing dwelling is to be removed within one month to the satisfaction of the Township's Chief Building Official; and c) That application to the Township of Oro-Medonte for a temporary use permit will be made forthwith (Fee $100.00). 4. That certified funds in the amount of $20,000.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sole discretion. 5. That we hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. 7. We hereby covenant and agree to indemnify and save harmless the Township of Oro- Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. Date David Borne, Owner Kelly Borne, Owner Witness Mayor, H. S. Hughes Clerk, J. Douglas Irwin Page 64 of 106 Agenda Item # 18d) - A By-Law to Enter into an Agreement with The Ontario Society THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-005 A By-Law to Enter into an Agreement with The Ontario Society for the Prevention of Cruelty to Animals (Ontario Humane Society), A Society Incorporated Under The Ontario SPCA Act to Provide Pound Keeper Services and to Repeal By-Law No. 2008-054 WHEREAS pursuant to Section 11(3)9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, Council is empowered to pass by-laws respecting animals; WHEREAS pursuant to Section 5(1) of the Pounds Act, R.S.O. 1990, Chapter PA 7, a Municipality is empowered to impound animals deemed to be running at large; WHEREAS the Council of The Corporation of the Township of Oro-Medonte has enacted a By-Law to Regulate, License and Control Animals within The Township of Oro-Medonte, "Animal Control By-Law"; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it expedient to provide for Pound Keeping Services under Agreement with The Ontario Society for the Prevention of Cruelty to Animals (OSPCA), Orillia Branch; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte, at its November 25, 2009 meeting, passed Motion No. C091125-9 that the Pound Keeping Services be awarded to the OSPCA - Orillia Branch, for a period of 18 months, at the annual fee of $18,000, commencing January 1, 2010. NOW THEREFORE be it resolved that the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Agreement, attached hereto as Schedule "A" which forms part of this By-law; 2. That the said Agreement take effect January 15t, 2010 and remain in force for a period of 18 months. 3. That By-law No. 2008-054 is hereby repealed; 4. That this By-law come into full force and effect on its final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 65 of 106 Agenda Item # 18d) - A By-Law to Enter into an Agreement with The Ontario Society This AGREEMENT made in duplicate this I7 day of eCe-1 be r _ , 20 Oci r BETWEEN: The Corporation of the Township of Oro-Medonte (the "Corporation") - AND - OF THE SECOND PART WHEREAS the Poundkeeper has the facilities and is prepared to act as Poundkeeper for the Corporation; NOW THEREFORE this Agreement witnesses the consideration of the mutual covenants hereinafter contained, the parties hereto agree each with the other as follows: The Corporation agrees: 1. to appoint Ontario SPCA - Orillia Branch as the Poundkeeper for the Corporation for an 18 month term, commencing January 1, 2010. 2. to pay to the Poundkeeper, remuneration for his/her services an annual sum of $18,000.00, to be paid to the OSPCA monthly ($1,500.00). 3. to ensure the Poundkeeper is provided with a copy of the Corporation's most current Animal Control By-Law. 4. to grant to the Poundkeeper the right to collect dog licensing fees in accordance with the scale of fees authorized by the Corporations By-laws, said fees to be retained by the Township of Oro-Medonte, minus a $2.00 commission fee per licensing dog tag to be retained by the Poundkeeper. 5. to permit the Poundkeeper to retain all fees charged, in accordance with Schedule "A" attached hereto and forming part of this agreement, in relation to Claimed Dogs. 6. to be responsible for retrieving and transporting injured dogs to a veterinarian for medical attention prior to delivery to the pound, as well as during the 5 day period while the dog is in the pound. The Corporation shall be responsible for the medical expenses incurred in these matters. 7. to reimburse the OSPCA for costs incurred as a result of their involvement, at the request of the Corporation, in a Provincial Offences investigation. OF THE FIRST PART Ontario Society for the Prevention of Curelty to Animals (OSPCA) - Orillia Branch (the "Pound" or "Poundkeeper") Page 66 of 106 Agenda Item # 18d) - A By-Law to Enter into an Agreement with The Ontario Society... The Poundkeeper agrees: To provide the Corporation with Pound Services pursuant to the Township's current Animal Control By-Law as follows; 1. to provide an animal shelter or adequate arrangements for a shelter capable of providing suitable accommodation for animals impounded, and meeting the requirements for this type of building, and of meeting the requirements of all applicable Provincial legislation. 2. to receive, impound and hold for claim by the owners, any dogs delivered to the Pound by the Municipal Law Enforcement Officers or other duly authorized persons, including residents of the Township of Oro-Medonte, or to dispose of same in accordance with provisions of the Corporation's By-laws. 3. to accept deceased dogs only when delivered to the Pound by the Township's Municipal Law Enforcement Officers. 4, to dispose of all dogs impounded which become the property of the Corporation, in accordance with the Animal Control By-laws of the Corporation and the laws of the Province of Ontario. 5. to dispose of all carcasses of all dogs lawfully impounded and lawfully destroyed in accordance with the Corporation's By-laws and the laws of the Province of Ontario. 6. to provide or to ensure all equipment necessary is available for the proper operation of the pound, and to provide or to ensure all equipment necessary is available to humanely destroy unwanted or unclaimed animals. 7. to ensure the Pound is kept open and in operation on such days and at such hours to allow the owners of impounded dogs reasonable opportunity to reclaim such animals. A list, being Schedule "A" attached hereto and forming part of this agreement, containing the days open and hours of operation shall be provided to the Corporation and may be amended as necessary from time to time. 8. to charge such Pound Fees or other fees as may be approved by the Corporation. The Corporation shall be provided with a list of all such rates, being Schedule "A" attached hereto and forming part of this agreement, that are applicable for pound or other services provided for Pound Services, that have been mutually agreed upon by the Poundkeeper and the Corporation, and as may be amended from time to time. 9. to deliver a monthly written statement and invoice, no more than 30 days after the end of the month, of the operations of the Pound as it relates to work done or undertaken on behalf of the Corporation through this Agreement. Such statement should provide information as it relates to the number of impounded dogs received, how the dog arrived at the pound, the length of time detained, if claimed by the owners or once in the control of the Poundkeeper, of their ultimate disposition if possible. 10. to indemnify and save harmless the Corporation with respect to all charges, costs, expenses and claims whatsoever, in connection with the operation of the Pound. Page 67 of 106 Agenda Item # 18d) - A By-Law to Enter into an Agreement with The Ontario Society 11. to keep any and all buildings, equipment and vehicles insured for fire and shall keep themselves and the Corporation properly insured with respect to public liability and property damage, including claims in respect to injury or loss and/or death of any animals while in their care, to the following amounts; Public Liability $3,000,000 Property Damage $ 25,000 Proof of such insurance coverage shall be supplied to the Corporation. 12. to release dog owner's information to the Corporation as needed. 13. to provide telephones at the pound for the purpose of the public to be able to phone the pound and to provide a twenty four (24) hour answering service to assist the public. 14. to provide twenty four (24) hour Poundkeeping as required. 15. to pay all costs of operating and maintaining the said pound. This Agreement shall only apply to dogs and shall not apply to any other domestic animals or wildlife. This Agreement shall be for an 18 month period commencing January 1, 2010, and may be terminated by either party upon ninety (90) days written notice of intention to terminate. IN WITNESS WHEREOF this Agreement was executed and signed this /7 day of (beeemr'vl .200q . The Corporation of the Township of Oro-Medonte; The Poundkeeper Ontario Society r the Prevention of Cruelty to Animals (OSPCA) Chief Financial Officer Page 68 of 106 Agenda Item # 18d) - A By-Law to Enter into an Agreement with The Ontario Society... Schedule "A" - Poundkeeper Services Pound Name: Ontario SPCA - Orillia Branch Address: 467 West Street North Orillia ON L3V 5G1 Telephone: (705) 325-1304 The Poundkeeper shall locate the owner of a dog through rabies tags or license tags not issued by the Corporation and the owner pays all costs associated to retrieve the dog from the pound. The Municipal Law Enforcement Officer will locate the owner of a dog wearing a license tag issued by the Corporation and the owner pays all costs associated to retrieve the dog from the pound. CLAIMED DOGS Admission/Administration fee per animal admitted to Pound $ 50.00/dog Daily Board $ 25.00/day Euthanize and Disposal $ 155.00 Disposal only $ 50.00 Rabies Suspect/Isolation fee HOURS $ 300.00/animal for 10 days Regular Pound Hours: Mon. 11:00 am - 5:00 pm Thurs. 11:00 am - 5:00 pm Tues. 11:00 am - 5:00 pm Fri. 11:00 am - 5:00 pm Wed. 11:00 am - 5:00 pm Sat. 11:00 am - 5:00 pm Sun. 11:00 a.m.-2:00 pm Days Closed: Statutory Holidays Page 69 of 106 Agenda Item # 18e) - A By-law to amend the zoning provisions which apply to lands... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2010-006 A By-law to amend the zoning provisions which apply to lands within Part of Lot 5, Concession 14, (Former Township of Medonte), now in the Township of Oro-Medonte (Andersen 2008-ZBA-13) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of residential uses, in accordance with Section C3 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A21' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 5, Concession 14, in the former geographic Township of Medonte, now in the Township of Oro-Medonte, from Agricultural/Rural Exception 15 (A/RU'15) Zone to the Residential One Exception 195 (R1'195) Zone as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. Section 7 EXCEPTIONS is hereby amended by adding subsection 7.195 as follows: "7.195 "195- Part of Lot 5, Concession 14 (Medonte) If and when a new residential dwelling is constructed on the subject lands, the minimum lot frontage shall be 29 metres (95 feet) abutting Street A of Draft Plan of Subdivision File 2008-SUB-01. The existing driveway access onto Highway 12 shall be removed and the highway ROW be restored to the satisfaction of the Ministry of Transportation Until such time when the new dwelling is constructed, the existing access and frontage will remain on Highway 12, to the satisfaction of the Township of Oro-Medonte and the Ministry of Transportation 3. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 70 of 106 Agenda Item # 18e) - A By-law to amend the zoning provisions which apply to lands... Schedule `A' to By-law No. 2010-006 This is Schedule 'A' to By-Law 2010-006 passed the 13`h day of January, 2010. Mayor H.S. Hughes Clerk J. Douglas Irwin t TOWNSHIP OF ORO-MEDONTE (FILE 2008-ZBA-13) Page 71 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-007 A By-law to Repeal By-law 2004-115 and to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and SUZANNE DAWN CAUDRY described as lands as follows: 15 Pemberton Lane PT Lot 1 Range 1 Former Township of Oro PTS 1 & 2 51 R19045; S/T & T/W R01064107 Township of Oro-Medonte, County of Simcoe PIN 58554-0100 (LT) Roll# 4346-01 0-0 01-08600 WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By-Law; 4. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 72 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... APPENDIX "A" SITE PLAN AGREEMENT - between - SUZANNE DAWN CAUDRY - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS PT Lot 1 Range 1 Former Township of Oro PTS 1 & 2 51819045; SIT & T/W R01064107 15 Pemberton Lane PIN 58554-0100 (LT) Roll# 4346-010-001-08600 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE January 13, 2010 By-Law No. 2010-007 Page 73 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section S Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 Page 74 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 1 e day of January 2010, in accordance with Section 41 of the Planning Act. BETWEEN: SUZANNE DAWN CAUDRY Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit the construction of a boathouse on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: Page 75 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be NIA. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment, if applicable. i) The Owner acknowledges that the lot does not front on an improved public road, that the Township does not or is not required to maintain or snowplow the said road, that the Township will not take over or assume the private road as a Township public road or street unless it has been built according to the Township standards, then in force, and that the Township is not liable for any injuries, losses or damages as a consequence of the Township issuing a Building Permit. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the construction of a boathouse, accessory to a single detached dwelling as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. Page 76 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... 3. The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. e) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work'), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. Page 77 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.Q. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS Page 78 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duty authorized in that behalf. SIGNED, SEALED AND DELIVERED } Suzanne Dawn Caudry } Owner } } The Corporation of the Township of Oro-Medonte } per: } } H.S. Hughes, Mayor } i ) J. Douglas Irwin, Clerk Page 79 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Suzanne Dawn Caudry. LEGAL DESCRIPTION OF LANDS 15 Pemberton Lane PT Lot 1 Range 1 Former Township of Oro PTS 1 & 2 51 R19045; S/T & T/W R01064107 Township of Oro-Medonte, County of Simcoe PIN 58554-0100 (LT) Roll# 4346-010-001-08600 Page 80 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... SCHEDULE"B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Ora-Medonte and Suzanne Dawn Gaudry. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Page 81 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Suzanne Dawn Caudry. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A to Page 82 of 106 Agenda Item # 18f) - A By-law to Repeal By-law 2004-115 and to Authorize the Exec... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Suzanne Dawn Caudry. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT N/A Letter of Credit to be provided by the owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 83 of 106 Agenda Item # 18g) - Being a By-law to remove the Holding symbol applying to land... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-008 Being a By-law to remove the Holding symbol applying to lands located at 15 Pemberton Lane PT Lot 1 Range 1 Former Township of Oro PTS 1 & 2 51 R19045; S/T & T/W R01064107 Township of Oro-Medonte, County of Simcoe PIN 58554-0100 (LT) Roll# 4346-010-001-08600 (Caudry) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1.Schedule 'Al', to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "15 Pemberton Lane PT Lot 1 Range 1 Former Township of Oro PTS 1 & 2 51 R19045; S/T & T/W R01064107 Township of Oro-Medonte, County of Simcoe PIN 58554-0100 (LT) Roll# 4346-010-001-08600" as shown on Schedule `A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 84 of 106 Agenda Item # 18g) - Being a By-law to remove the Holding symbol applying to land... Schedule 'A' to By-Law No. 2010-008 This is Schedule 'A' to By-Law 2010-008 passed the day of January, 2010. -ti 141 ii ~ a~4 is Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE Page 85 of 106 Agenda Item # 18h) - Being a By-Law to Authorize the Execution of a Tax Arrears E THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-009 Being a By-law to authorize the execution of a Tax arrears extension agreement WHEREAS The Corporation of the Township of Ora-Medonte has registered on the 16t 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 1St, 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 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD AND FINAL TIME THIS 13TH DAY OF JANUARY, 2010. Mayor,H.S. Hughes Clerk, J. Douglas Irwin Page 86 of 106 Agenda Item # 18h) - Being a By-Law to Authorize the Execution of a Tax Arrears E THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE"A BY-LAW NO. 2090-008 Description of the land: Roll # 43 46 030 012 13828 Plan M22 Lot 7 Page 87 of 106 Agenda Item # 18h) - Being a By-Law to Authorize the Execution of a Tax Arrears E... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE"B" BY-LAW NO. 2010-009 THIS AGREEMENT made in triplicate the 13th day of January, 2010. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Corporation" -and 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 $15,420.78 and a tax arrears certificate was registered in the Registry Office on the 15r 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: 1. The Owner agrees to pay to the Corporation the sum of $500.00 (five hundred) dollars monthly, commencing on the 1st day of January, 2010, to and including the 1st day of December, 2015. 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 88 of 106 Agenda Item # 18h) - Being a By-Law to Authorize the Execution of a Tax Arrears E Page 2 Schedule "B" By-Law No. Coro-coq 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: 1185 Woodland Drive RR 1 Oriliia ON L3V 6H1 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 fitness Owrier, Page 89 of 106 Agenda Item # 18i) - To Transfer an Easement for a Utility Line as Defined in the THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-010 To Transfer an Easement for a Utility Line as Defined in the Ontario Energy Board Act, 1998, over Part 5, Plan 51 R-36886 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, and To Permanently Close and Sell Part of the Road Allowance known as Part of Monk Street, Plan 1 (PIN #58553-0037 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 2, 3, 4, 5 and 6, Plan 51R-36886, Township of Oro-Medonte, County of Simcoe. WHEREAS pursuant to Section 11(2) of the Municipal Act 2001, S.O. 2001, c.25, as amended, Council is empowered to pass by-laws respecting highways; AND WHEREAS Section 34 of the Municipal Act, S.O. 2001, c.25, as amended, provides procedures for highway closing; AND WHEREAS the part of the road allowance know as Part of Monk Street, Plan 1, (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 2, 3, 4, 5 and 6, Plan 51 R-36886, Township of Oro-Medonte, County of Simcoe, is no longer required for municipal purposes; AND WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to sell or otherwise dispose of land in accordance with policies adopted and maintained by the municipality in respect thereof; AND WHEREAS Council passed By-law No. 2007-083 on the 181h day of July, 2007, being a By-law to establish a policy/procedure with respect to the sale and other disposition of land; AND WHEREAS Council of The Corporation of the Township of Oro-Medonte deems it necessary to transfer to Bell Canada an easement for a utility line as defined in the Ontario Energy Board Act, 1998, be established and reserved over Part 5, Plan 51R- 36886, and any sale of these lands would be subject thereto; AND WHEREAS Council has previously caused notice to be given of its intention to permanently close and sell the lands described in Schedule "A" attached hereto and forming part of this by-law, in accordance with the requirements set out in By-law 2007- 083, as amended; AND WHEREAS Council has determined that the said lands are not required for municipal purposes, and has by resolution declared the lands designated as part of the road allowance know as Part of Monk Street, Plan 1, (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 2, 3, 4, 5 and 6, Plan 51R-36886, Township of Oro-Medonte, County of Simcoe, described in Schedule "A" attached hereto, to be surplus to the needs of the municipality; AND WHEREAS Council has received no notice of objection to the proposed road closure of the proposed sale of land from any party; AND WHEREAS pursuant to procedural By-law 2007-083, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed by-law to permanently close and sell Part of the Road Allowance known as Part of Monk Street, Plan 1 (PIN #58553-0037 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 2, 3, 4, 5 and 6, Plan 51 R-36886, Township of Oro-Medonte, County of Simcoe, to be published in newspapers of local circulation, a copy of which is attached as Schedule "B" and forms part of this by-law; Page 90 of 106 Agenda Item # 18i) - To Transfer an Easement for a Utility Line as Defined in the AND WHEREAS the proposed by-law came before Council of The Corporation of The Township of Oro-Medonte for consideration at its meeting on the 13th day of January, 2010, and at that time Council received no notice of objection to the proposed road closure or proposed sale of land from any party; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: Transfer of Easement for a Utility Line as Defined in the Ontario Energy Board Act, 1998 - That a transfer to Bell Canada of an easement for a utility line as defined in the Ontario Energy Act, 1998 be established and reserved over Part 5, Plan 51 R-36886, and any sale of these lands would be subject thereto. Permanently Close - Council does hereby permanently close Part of the Road Allowance known as Part of Monk Street, Plan 1 (PIN #58553-0037 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 2, 3, 4, 5 and 6, Plan 51 R-36886, Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" attached hereto, and forming part of this by-law. 3. Authorization of Sale - Council does hereby authorize the sale of Part of the Road Allowance known as Part of Monk Street, Plan 1 (PIN #58553-0037 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 2, 3, 4, 5 and 6, Plan 51 R-36886, Township of Oro-Medonte, County of Simcoe, to the registered owners from time to time of the abutting lands as follows and that the title to the transferred lands merge with those lands owned by the respective abutting owners: Owner Land to be Transferred Terrace Hill Homes Inc. Part 1, Plan 51R-36886 (PIN #58553-0031 (LT)) Elliott, Marion Kathleen Part 2, Plan 51 R-36886 Stauffert, Dean Rudolf Stauffert, Kurt Heinrich (PIN #58553-0104 (LT)) Poirier, Roy Albert Part 3, Plan 51 R-36886 Poirier, Freda Bernice 360 Shanty Bay Road (PIN #58553-0105 (LT)) Sperling, Stephen David Parts 4, 5 and 6, Plan 51 R-36886 Sperling, Marsha Mae 364 Shanty Bay Road (PIN #58553-0030 (LT)) Upon registration of the Transfer, the respective owners be required, at their expense, to bring an Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the parcels with their abutting property to one Property Identifier Number. Page 91 of 106 Agenda Item # 18i) - To Transfer an Easement for a Utility Line as Defined in the... 4. Sale Price and Consideration - In accordance with By-law 2007-083, as amended, Council hereby sets the sale price for land designated as Part of the Road Allowance known as Part of Monk Street, Plan 1 (PIN #58553-0037 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 2, 3, 4, 5 and 6, Plan 51 R-36886, Township of Oro-Medonte, County of Simcoe, as follows: Description of Land Land Sale Price Part 1, Plan 51R-36886 $ 2,630.00 Part 2, Plan 51 R-36886 $ 975.00 Part 3, Plan 51 R-36886 $ 2,025.00 Parts 4, 5 and 6, Plan 51 R-36886 $ 2,370.00 In addition to the land sale price the respective registered owners are responsible for the administrative costs incurred by the Township of Oro- Medonte, associated with the transfers. Such administrative costs include cost of survey, appraisal, advertising, legal fees and disbursements. 5. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 92 of 106 Agenda Item # 18i) - To Transfer an Easement for a Utility Line as Defined in the... Schedule "A" to By-law No. 2010-010 for The Corporation of the Township of Oro-Medonte Part of the Road Allowance known as Part of Monk Street, Plan 1 (PIN #58553-0037 (LT)), (geographic Township of Oro), Township of Oro-Medonte, described as Parts 1, 2, 3, 4, 5 and 6, Plan 51 R-36886, Township of Oro-Medonte, County of Simcoe. Page 93 of 106 Agenda Item # 18i) - To Transfer an Easement for a Utility Line as Defined in the... Schedule "B" to By-law No. 2010-010 for The Corporation of the Township of Oro-Medonte NOTICE OF PROPOSED SALE OF LAND BY-LAW TAKE NOTICE that the Township of Oro-Medonte proposes to pass a By-law to permanently close and sell a part of a road allowance, in the Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" hereto. AND FURTHER TAKE NOTICE that the proposed By-Law will come before the Council of the Township of Oro-Medonte at its regular meeting to be held at the Council Chambers on the 13`x' day of January, 2010 at 7:00 p.m. and at that time Council will hear in person or by his/her counsel, solicitor or agent, any person who claims that his/her land will be prejudicially affected by the By-law. Any person wishing to be heard or make comment on the proposed sale shall provide the undersigned with either a written application to be heard or written comment no later than 12:00 noon on January 7, 2010. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 31ST DAY OF DECEMBER, 2009. J. Douglas Irwin, Clerk, Township of Oro-Medonte 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Fax: (705) 487-0133 SCHEDULE"A" Closure and Sale: Part of the Unopened Road Allowance known as Monk Street, Plan 1 between Colborne Street and O'Brien Street (Part of PIN #58553-0037 (LT)), (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 1, 2, 3, 4, 5, and 6, Plan 51 R-36886, Township of Oro-Medonte, County of Simcoe. X 1 r r i f r !t ~ "~~tt It f w f Page 94 of 106 Agenda Item # 18j) - A By-law to Authorize the Execution of An Agreement Between THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-011 A By-law to Authorize the Execution of An Agreement Between the The Corporation of the Township of Oro-Medonte and Verna Smith WHEREAS Council of the Township of Oro-Medonte did on the 19th day of May 1999, enact By-law No. 99-50, Being a By-law to provide policy for encroachments on road allowances and municipally owned property; AND WHEREAS Council of the Township of Oro-Medonte did enact By-law No. 2004- 119, as amended, being a By-law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro-Medonte; AND WHEREAS the Township, pursuant to By-law No. 99-50, has granted permission to maintain the said Encroachment(s) upon the condition of entering into an Encroachment and License Agreement; AND WHEREAS the Municipal Act, 2001,S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it desirable to enter into an Encroachment and License Agreement with Verna Smith; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By-Law. 2. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 95 of 106 Agenda Item # 18j) - A By-law to Authorize the Execution of An Agreement Between ENCROACHMENT AND LICENSE AGREEMENT made this day of August, 2009. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (the "Township") OF THE FIRST PART - and - VERNA SMITH (the "Owner") OF THE SECOND PART WHEREAS the Owner is the owner of certain lands and premises situated in the Township of Oro-Medonte, which lands are more particularly described in Schedule "A" attached hereto (the "Owner's Lands"); AND WHEREAS the Township is the owner of the Road Allowance shown as Lakeshore Promenade in accordance with Registered Plan 626, in the Township of Oro-Medonte (the "Township's Lands"); AND WHEREAS the Owner maintains encroachments on the Township's Lands to the extent described in Schedule "B" attached hereto (hereinafter collectively referred to as "the Encroachment(s)"); AND WHEREAS as Council has exercised its option to close a Part of the Road Allowance to vehicular traffic, and has passed By-law (#2004-119, as amended) being a By-law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro-Medonte with respect to the lands upon which the said Encroachment(s) is located; AND WHEREAS the Township, pursuant to By-law No. 99-50, being a By-law to Provide Policy for Encroachments on Road Allowances and Municipally Owned Property, has granted to the Owner permission to maintain the said Encroachment(s) upon the condition that the Owner enters into this Agreement, which the Owner has agreed to do; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises, and of the covenants and agreements hereinafter contained on the part of the Owner to be observed, fulfilled and performed, the Township hereby grants to the Owner permission to maintain the said Encroachment(s) automatically terminating at the earlier of: (i) the date of removal of the Encroachment(s) from the Township's Lands; or (ii) the sale or transfer of the Owner's Lands; or (iii) five (5) years from the date of execution of this Agreement. In the event the Owner wishes to renew this Agreement upon the expiry of the five (5) year term herein granted, the Owner may, provided he is not in default of his obligations hereunder and upon sixty (60) days prior written notice to the Township, apply to renew same, taking all necessary steps and paying all appropriate fees in effect at the time to do so. Such Application shall be considered in accordance with the Township's policies and practices in place at that time. Page 96 of 106 Agenda Item # 18j) - A By-law to Authorize the Execution of An Agreement Between Upon the sale or transfer of the Owner's Lands, the Owner shall forthwith notify the Township in writing thereof and shall provide the Township with the name and address of such Transferee or Purchaser who shall be required to enter into a new Agreement with the Township (and which Agreement shall be in like form and content as herein) and pay all appropriate fees as are required by the Township in entering into such replacement Agreement. In the event the Transferee or Purchaser fails to enter into a replacement Agreement with the Township, the Encroachment(s) shall forthwith be removed by the Owner at his sole expense; and failing which the Township may do so, and the Owner and Purchaser or Transferee shall be jointly and severally liable to the Township for the cost of demolition or removal. In no case shall this Agreement be assignable by the Owner. 2. During the term of this Agreement, all open air structures located on the Township's Lands remain subject to the public's right of access. IN CONSIDERATION OF the granting by the Township of such permission, the Owner hereby covenants and agrees with the Township as follows: 1. The Owner agrees to pay to the Township an annual fee as stipulated in the Township's current Fees and Charges Bylaw for Encroachment Agreements. The annual fee will be payable no later than the 1 st day of May in each year, and may be added to the tax roll for the Owner's Lands, if required, by the Township. 2. The Owner shall, forthwith upon execution of this Agreement, provide the Township with an independent Engineer's report as to the structural integrity of the encroaching structure(s) to the satisfaction of the Township's Chief Building Official. Such report shall include clear photographic evidence of the Encroachment(s) identified thereon. 3. The Owner will at its own expense and to the satisfaction of the Township's Chief Building Official, keep and maintain the said Encroachment(s) in good and proper state of repair and will not make any related modifications to the Encroachment(s), without first obtaining the consent of the Township, which consent may be arbitrarily withheld. Should the Owner fail or neglect in maintaining the Encroachment(s) in a good and safe state of repair to the satisfaction of the Township's Chief Building Official, on thirty (30) days prior written notice to the Owner, the Owner will, at its own expense, notwithstanding any other provision in this Agreement, remove the said Encroachment(s) from the Township's Lands, without being entitled to any compensation whatsoever for such removal and the permission given herein for the maintenance of the Encroachment(s) shall be revoked and shall be deemed at an end. If the Encroachment(s) are not removed by the Owner as aforesaid, the Township may do so, and the cost of demolition and removal shall be at the sole expense of the Owner. 4. Nothing herein contained shall be construed as giving to the Owner anything more than permission to maintain the said Encroachment(s) until such time as the removal of such Encroachment(s) from the Township Lands. The Owner agrees that under no circumstances shall additional Encroachment(s) be constructed or placed on the Township's Lands. 5. The Owner hereby releases, waives and forever discharges the Township and its respective agents, officials, servants, contractors, representatives, elected and appointed officials, successors and assigns, of and from all claims, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damage to the person or any property of the Owner howsoever caused, arising or to arise by reason of the permission granted pursuant to this Agreement. Page 97 of 106 Agenda Item # 18j) - A By-law to Authorize the Execution of An Agreement Between 6. Notwithstanding any consent or approval given by the Township with respect to any plans, specifications or other construction-related matters, the Township will not be in any way liable for the design or construction of any structure, and the party that has obtained the consent or approval of the Township shall be wholly liable for such design and construction. The Owner shall facilitate the construction of any and all utilities over or under the said Encroachment(s), as may be required from time to time. The parties acknowledge and agree that the permission granted in this Agreement does not in any way whatsoever diminish the rights of the Township, or any gas, telephone, telegraph, electric light or other public utility company, their respective officers, servants, workers, employees, agents, and contractors, to enter at all times upon the Encroachment(s) for the purpose of constructing, repairing, maintaining, replacing or removing any sewers, mains, culverts, drains, water pipes, gas pipes, poles, wires or other services and installations and appurtenances thereto. The Owner shall not be entitled to any damages or compensation as a result of the reasonable exercise of the Township's or utility company's rights contained in this paragraph. 8. The Owner will from time to time and at all times hereafter will and truly save, defend and keep harmless and fully indemnify the Township, its officers, directors, servants, workers, employees, agents, and contractors, and any other corporations, boards, commissions or bodies having utilities or services which may in any manner be affected by the having utilities or services which may in any manner be affected by the erection or maintenance of the said Encroachment(s) and their respective officers, directors, servants, workers, employees, agents, and contractors, from and against all actions, suits, claims and demands whatsoever which may be brought against or made upon any or all of them and from and against all loss, costs, charges, damages and expenses whatsoever which may be sustained, incurred or paid by any or all of them, regardless of whether or not they be parties hereto, for or by reason of or on account of the granting by the Township to the Owner of the permission hereby granted and/or the exercise by the Owner of such permission and/or the erection and maintenance of the said Encroachment(s) and appurtenances thereto and/or anything in any manner relating thereto should any such action, suit, claim or demand be brought against or made upon the Township, or any of its officers, servants, workers or employees, the Township may, upon written notice to the Owner, and if not forbidden by the Owner within fourteen days thereafter, if the Township shall see fit, compromise any such actions, suits, claims or demands on such terms as the Township shall see fit, and the Owner shall thereupon forthwith pay to the Township the sum or sums to be paid together with such sum as shall represent the reasonable costs of the Township or its Solicitor in defending or settling any such actions, suits, claims or demands, but if the Owner forbids such compromise within the said period, or if no such compromise be effected, then the Owner may be made a party to such actions, suits, claims or demands and will in every case fully indemnify the Township, its respective officers, servants, workers or employees. 9. The construction, installation, occupation, operation and maintenance of the Encroachment(s) shall comply with all applicable statutes, by-laws and regulations including, but not limited to, the issuance of a building permit(s). 10. The Owner shall obtain and maintain public liability (personal injury and property damage) insurance covering the maintenance of the Encroachment(s) in the amount of at least Two Million Dollars ($2,000,000.00), naming the Township of Oro-Medonte as additional named insured. The Owner will provide evidence of such insurance annually, to the Township no later than the 1" day of May in each year, naming the Township as an additional named insured. In the event the Owner's insurer is unable or unwilling to add the Township as an additional named insured to the Owner's policy, the Township agrees to add the Owner as an additional insured to its public liability policy, and any incurred premium, surcharge or administration fee occasioned thereby shall be the responsibility of and paid by the Owner in addition to those fees set out in paragraph 1. Page 98 of 106 Agenda Item # 18j) - A By-law to Authorize the Execution of An Agreement Between 11. In addition, all such sums and costs so paid, sustained or incurred by the Township, as aforesaid, and all such annual fees, or further or other fees to be paid by the Owner as set out herein, shall form and constitute a charge or lien on the Owner's Lands until fully discharged by payment thereof and may be collected in a like manner as taxes. 12. The Township, its officers, servants, workers, employees, agents and contractors under its control or supervision shall have the right from time to time and at all reasonable times during the currency of this Agreement, to enter in and upon the said lands or any part thereof, with all necessary workers, plant, equipment and material for the purpose of inspecting the said Encroachment(s) provided that such inspection shall not free or relieve the Owner in any way whatsoever from the liability under the covenant hereinbefore set forth to keep and maintain the said Encroachment(s) in good and proper repair and condition. 13. (a) All notices, consents, approvals or other communications permitted or required to be given under this Agreement (collectively "Notices") shall be in writing, shall not be unreasonably withheld or delayed unless otherwise specifically provided for in this Agreement, and shall be: personally delivered; sent by prepaid registered mail (except during a postal disruption or threatened postal disruption), or; sent by facsimile, in each case to the applicable address set out below: (i) in the case of the Township: 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Attention: Clerk (ii) in the case of the Owner: Verna Smith 15 Myrtle Avenue, RR#2 Nawkestone, ON LOL 1T0 (b) Any Notice shall be deemed to have been validly and effectively given and received: if personally delivered, on the date of delivery; if sent by prepaid registered mail, on the third (T) business day next following the date of mailing, provided, however, that during any postal disruption or threatened postal disruption, delivery shall be in person; and if sent by facsimile, on the business day next following the day on which it was sent. (c) Either party under this Agreement may from time to time by Notice to the other party change its address for service under this Agreement. 14. Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Township of all of its rights and obligations as a municipality (whether discretionary or mandatory), or imposes any obligations on the Township in its role as a municipality, and the Township shall not be prevented from or prejudiced in carrying out its statutory rights and responsibilities, including its planning rights and responsibilities. Nothing in this Agreement derogates from, interferes with, or fetters the exercise by the Township's officers, employees, agents, representatives or elected and appointed officials of all of their rights, or imposes any obligations on the Township's officers, employees, agents, representatives or elected and appointed officials, other than as expressly set out in this Agreement. 15. This Agreement may be registered on title to the Owner's Lands and the cost of preparation as stipulated in the Township's current Fees and Charges By-law as the application fee for encroachment agreements, and registration of the same shall be borne by the Owner. Page 99 of 106 Agenda Item # 18j) - A By-law to Authorize the Execution of An Agreement Between 16. This Agreement is not assignable by the Owner and shall not enure to the benefit of the successor and assigns of the Owner. IN WITNESS WHEREOF the Township has caused to be affixed its corporate seal under the signatures of its duly authorized officers. EXECUTED at this day of THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: Name: H.S. Hughes Title: Mayor Per: Name: J. Douglas Irwin Title: Director of Corporate Services/Clerk I/We have authority to bind the Corporation. IN WITNESS WHEREOF the Owner hereto has hereunto affixed its hand. EXECUTED at this ~t day of zca> 2. lZd Witness U P17 `fb[ Verna Smith Page 100 of 106 Agenda Item # 18j) - A By-law to Authorize the Execution of An Agreement Between SCHEDULE "A" Owner's Lands Lt 54 P1626 Oro; Oro-Medonte, 58561-0173 (LT), Municipally known as 15 Myrtle Avenue. MYRTLE - ®15 MYRTLE AVENUE LAKE SlMCOE ~f r' 0 5 10 20 30 40 ® Meters Page 101 of 106 Agenda Item # 18j) - A By-law to Authorize the Execution of An Agreement Between SCHEDULE "B" Township Lands Part of the Lake Shore Promenade North-East of Owen Road, Registered Plan 626, designated as Part 19, Plan 51 R-36152 (Geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, being Part of PIN # 58561-0002 (LT) Existing Encroachments as approved by Township of Oro-Medonte Chief Building Official 1. Stairs 2. Wood Deck All as shown on Plan of Survey 51 R-36152 designated as Part 19 thereon. Page 102 of 106 Agenda Item # 18k) - A By-law to Appoint Representatives to the Georgian Valley A... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-012 A By-law to Appoint Representatives to the Georgian Valley Advisory Committee WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS Council of the Township of Oro-Medonte appoints representatives to various committees/organizations and technical support groups; AND WHEREAS Council enacted Motion CW091007-18 authorizing the Township of Tay, Township of Oro-Medonte and Skyline International Development Inc. to enter into the Memorandum of Understanding to provide a framework for establishing a public/private partnership that will enable the development of infrastructure; AND WHEREAS Council now deems it expedient to appoint members to the Georgian Valley Advisory Committee. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the following Members of Council be appointed to the Georgian Valley Advisory Committee for the remaining term of Council: • Mayor H.S. Hughes • Councillor Mel Coutanche 2. That the following public representatives be appointed to the Georgian Valley Advisory Committee for the remaining term of Council: • John Thornton • Frederick Beck 3. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 103 of 106 Agenda Item # 181) - A By-law to Appoint a Representative to the Huronia Hospital... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-013 A By-law to Appoint a Representative to the Huronia Hospital Foundation WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS Council of the Township of Oro-Medonte appoints representatives to various committees/organizations and technical support groups; AND WHEREAS Council now deems it expedient to appoint a member of Council to the Huronia Hospital Foundation. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That Councillor Sandy Agnew be appointed to the Huronia Hospital Foundation for the remaining term of Council: This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 104 of 106 Agenda Item # 18m) - A By-Law to Amend By-Law No. 2007-015, "A By-Law to Appoint THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-014 A By-Law to Amend By-Law No. 2007-015, "A By-Law to Appoint Representatives to Various Committees/Organizations" and to Repeal By-Law No. 2008-170 WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS Council of the Township of Oro-Medonte is requested to appoint representatives to various external organizations; AND WHEREAS Council of the Township of Oro-Medonte did, on the 24`x' day of January, 2007, enact By-Law No. 2007-015 to appoint representatives to various committees/organizations; AND WHEREAS Council deems it necessary to amend By-Law No. 2007-015. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. The portion of Section 1 which reads, • "Lake Simcoe Region Conservation Authority Councillor Sandy Agnew" be deleted and the following be inserted: a) That the following representative be appointed to the respective committees/organizations for the remainder term of Council: • Lake Simcoe Region Conservation Authority Councillor Terry Allison". 2. The portion of Section 1 which reads, • "Nottawasaga Valley Conservation Authority Councillor Sandy Agnew Councillor John Crawford" be deleted and the following be inserted: 1 b) That the following representatives be appointed to the respective committees/organizations for the remainder term of Council: • Nottawasaga Valley Conservation Authority Deputy Mayor Hough MayorH.S. Hughes". 3. That By-Law No. 2008-170 be repealed in its entirety. 4. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 105 of 106 Agenda Item # 19a) - Being a By-Law to Confirm the Proceedings of the Council Mee... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-001 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, JANUARY 13, 2010 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, January 13, 2010, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 13th DAY OF JANUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 13th DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 106 of 106