Loading...
08 10 2010 Council AgendaT( wtt�of Proud Heritage, Exciting Future WE THE TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS TUESDAY, AUGUST 10, 2010 9:00 A.M. 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda 3. DISCLOSURE OF PECUNIARY INTEREST: 4. MINUTES OF COUNCIL: a) Minutes of Council meeting held on July 14, 2010. 5. MINUTES OF COMMITTEES: 7 -19 a) Minutes of Committee of Adjustment of meeting held on July 15, 2010. 6. RECOGNITION OF ACHIEVEMENTS: None. 7. PUBLIC MEETINGS: None. 8. DEPUTATIONS: None. Page 1 of 285 9. REPORTS OF MUNICIPAL OFFICERS: 20 -28 a) Robin Dunn, Chief Administrative Officer, re: Lake Simcoe Regional Airport Inc. Update. 29 -32 b) Report No. CSI 2010 -01, Donna Hewitt, Director of Corporate & Strategic Initiatives, re: Economic Development Plan & Activities Update. 33 -36 c) Report No. CS 2010 -021, Doug Irwin, Director of Corporate Services, re: Administration Centre & Firehall Photocopier Leases. 37 -39 d) Report No. CS 2010 -022, Doug Irwin, Director of Corporate Services, re: Animal Control Update - January to June 2010. 40 -49 e) Report No. DS 2010 -040, Andria Leigh, Director of Development Services, re: Proposed Official Plan Amendment Application: 2010- OPA -01 Cameron - Van Amelsvoort West Half of Part of Lot 2, Concession 8 (Oro) Township of Oro - Medonte [deferred from July 14, 2010 meeting]. Page 1 of 285 Council Agenda - Tuesday, August 10, 2010 `.r- 9. REPORTS OF MUNICIPAL OFFICERS: 50 -58 f) Report No. DS 2010 -042, Andria Leigh, Director of Development Services, re: Zoning By -law Amendment 2009 - ZBA -18 (Indian Park Association) Huronwoods Drive (Formerly Oro Township) [refer to Item 15e)]. 59 -64 g ) Report No. DS 2010 -043, Glenn White, Manager of Planning, re: Zoning By- law Amendment 2009 - ZBA -13, Barry Leigh PT W '/2 LT 24 CON 7 ORO; PT LT 25 CON 7 ORO AS IN R0662159, EXCEPT PT 1, 51R6080; ORO- MEDONTE & EXCEPT PART 1, 51 R37419, SAVE AND EXCEPT PARTS 1 & 2, 51R-37365, Ridge Road West (Formerly Oro Township) [refer to Item 15 g)]• 65 -73 h) Report No. DS 2010 -045, Andria Leigh, Director of Development Services, re: Indian Park Association Site Plan Agreements and Removal of Holding Provision, Lots 2,3,4,5,13, and 14 [to be distributed at meeting] [refer to Items 15 h), i), j), k), 1), m) and n)]. 74 -79 i) Report No. TES 2010 -13, Jerry Ball, Director of Transportation and Environmental Services, re: Buffalo Springs Development — Street Name Signs. 80 -92 j) Report No. TES 2010 -14, Jerry Ball, Director of Transportation and Environmental Services, re: Access to McCowan Property — 2243 Ridge Road West. 93-99 k) Report No. TES 2010 -15, Jerry Ball, Director of Transportation and Environmental Services, re: Tender Results for Warminster Well and Pumphouse Upgrades. 1) Jerry Ball, Director of Transportation and Environmental Services, re: Update on Entry/Exit/Turning Lanes into Sugarbush. 100 -109 m) Report No. RC 2010 -19, Shawn Binns, Director of Recreation and Community Services, re: Oro - Medonte Rail Trail - Penetanguishene Road to Colborne Street. 110 -120 n) Report No. RC 2010 -20, Shawn Binns, Director of Recreation and Community Services, re: Oro - Medonte 77's Subsidy Request. 10. REPORTS OF MEMBERS OF COUNCIL: 121 -122 a) Mayor H.S. Hughes, correspondence dated July 21, 2010 from Mike MacEachern, Mayor, Town of New Tecumseth, re: Ramifications of the WSI Act to Firefighters. b) Councillor Allison, re: Memorandum of Understanding between the Township of Oro - Medonte, Nottawasaga Valley Conservation Authority and Severn Sound Environmental Association. 123 c) Councillor Agnew, re: Correspondence from Councillor Agnew dated August 4, 2010, Closed Session Discussion. Page 2 of 285 Council Agenda - Tuesday, August 10, 2010 m e 10. REPORTS OF MEMBERS OF COUNCIL: d) Councillors Agnew and Coutanche, re: OMEGA Recognition. e) Councillors Agnew, Allison and Coutanche, Co- Chairs of OMEGA, re: Agenda Items for meeting of OMEGA to be held on Thursday, August 19, 2010. 124 -130 f) Councillor Mel Coutanche, correspondence dated August 8, 2010 from Sabrina Lavigne Wilson, re: Oneida Avenue Drainage. [Addenda] 131 -140 g ) Councillor Coutanche, re: Private Kevin McKay Memorial Golf Tournament, August 24, 2010. [Addenda] 11. CONSENT AGENDA: 141 -154 a) Minutes of Lake Simcoe Region Conservation Authority board meeting held on June 25, 2010 and Highlights of board meeting held on July 23, 2010. Staff Recommendation: Receive. 155 b) Correspondence dated July 9, 2010 from Fred Hahn, President, CUPE Ontario and Tracy Saarikoski, President, OCBCC, re: Request to Declare Wednesday, October 27, 2010 "Child Care Worker & Early Childhood Educator Appreciation Day'. Staff Recommendation: Receive, Proclaim and Post on Township's Website. 156 -171 c) Correspondence dated July 13, 2010 from Megan Price, Lake Simcoe Region Conservation Authority, re: Drinking Water Source Protection - Threats Assessment & Landowner Notification. Staff Recommendation: Receive. 172 -176 d) Correspondence dated July 26, 2010 from Kathi Shropshire, Chair, Orillia & Area Physician Recruitment & Retention Committee, re: Mid -year review and financial performance report of the Orillia & Area Physician Recruitment & Retention Committee. Staff Recommendation: Receive. 177 -178 e) Correspondence dated July 28, 2010 from Elaine Scott, Corresponding Secretary /Director, Coldwater Canadiana Heritage Museum, re: Donation of a copy of "Medonte - A Township Remembered ". Staff Recommendation: Receive, 12. COMMUNICATIONS: 179 a) Correspondence dated July 6, 2010 from Greg Price, re: Oro Line 13 from Highway 11 to Lakeshore Drive, and Carthew Bay up to Line 13. 180 -181 b) Correspondence dated July 6, 2010 from Debby and Graham Western, re: Road Allowance adjacent to 235 Lakeshore Road West. 13. NOTICE OF MOTIONS: Page 3 of 285 Council Agenda - Tuesday, August 10, 2010 E 14. CLOSED SESSION ITEMS: a) Motion to go In Closed Session b) Motion to Rise and Report c) Andria Leigh, Director of Development Services and Shawn Binns, Director of Recreation and Community Services, re: Acquisition /disposition of land (Guthrie Lands). d) Andria Leigh, Director of Development Services, re: Litigation affecting the municipality (Horseshoe Valley Paintball). e) Andria Leigh, Director of Development Services, re: Solicitor - client privilege (Legal Opinion, Lake Simcoe Aeropark). f) Robin Dunn, Chief Administrative Officer, re: Litigation affecting the municipality (NVCA 2009 Levy). g) Robin Dunn, Chief Administrative Officer, re: Acquisition /disposition of land (Pine Ridge). h) Robin Dunn, Chief Administrative Officer, re: Acquisition /disposition of land (Edgar Adult Occupational Centre). i) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (O'Connell Lane). j) Doug Irwin, Director of Corporate Services /Clerk, re: Personal matters about an identifiable individual (Compliance Audit Committee). k) Doug Irwin, Director of Corporate Services, re: Acquisition /disposition of land (Status Update - August 2010). 15. BY -LAWS: 182 -193 a) By -Law No. 2010 -133 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 1198677 Ontario Limited described as lands as follows: Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 2,3,4 &5 Plan 51R37085, Being all of PIN 74053 -0246 (LT) Roll # 4346 -010- 009- 68960, Township of Oro - Medonte, County of Simcoe [deferred from July 14, 2010 meeting]. 194 -195 b) By -Law No. 2010 -134 A By -law to remove the Holding symbol applying to lands located at Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 2,3,4 & 5 Plan 51 837085 Page 4 of 285 Council Agenda - Tuesday, August 10, 2010 e 15. BY -LAWS: Being all of PIN 74053 -0246 (LT) Roll # 4346 -010- 009 -68960 (1198677 Ontario Limited) [deferred from July 14, 2010 meeting]. 196 c) By -Law No. 2010 -140 A By -law to Provide for the Giving and Changing of Names to Highways within the Township of Oro - Medonte, County of Simcoe (Breanna Boulevard). 197 -208 d) By -Law No. 2010 -141 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and the Oro - Medonte 77's Junior Hockey Club. 209 -210 e) By -Law No. 2010 -142 A By -law to amend the zoning provisions which apply to lands within Concession 6, Parts of Lot 2 & 3, Part of Blk A Plan M -9, Part 1 on Plan 51 R- 37479, S/T Easement in LT354320, LT441545 & SC27085 (Former Oro Township) Township of Oro - Medonte (Indian Park Association 2009 - ZBA -18). 211 -214 f) By -Law No. 2010 -143 Being a By -law to authorize the execution of a tax arrears extension agreement. 215 -216 g ) By -Law No. 2010 -145 A By -law to amend the zoning provisions which apply to lands within Part West Half of Lot 24, Concession 7(Former Township of Oro); Part Lot 25, Concession 7 (Former Township of Oro) as in RO662159; Except Part 1, 51R-6080, Oro - Medonte and Except Part 1, 51 R- 37419, Save and Except Part 1 & 2, 51R-37365, Ridge Road West (Leigh 2009 - ZBA -13). 217 -229 h) By -Law No. 2010 -146 Being a By -law to enter into a Site Plan Agreement with the Indian Park Association (Lot 2) [to be distributed at meeting]. 230 -242 i) By -Law No. 2010 -147 Being a By -law to enter into a Site Plan Agreement with the Indian Park Association (Lot 3) [to be distributed at meeting]. 243 -255 ]) By -Law No. 2010 -148 Being a By -law to enter into a Site Plan Agreement with the Indian Park Association (Lot 4) [to be distributed at meeting]. 256 -268 k) By -Law No. 2010 -149 Being a By -law to enter into a Site Plan Agreement with the Indian Park Association (Lot 5) [to be distributed at meeting]. 269 -281 l) By -Law No. 2010 -150 Being a By -law to enter into a Site Plan Agreement with the Indian Park Association (Lot 13) [to be distributed at meeting]. Page 5 of 285 Council Agenda - Tuesday, August 10, 2010 Am 15. BY -LAWS: m) By -Law No. 2010 -151 Being a By -law to enter into a Site Plan Agreement with the Indian Park Association (Lot 14) [to be distributed at meeting]. 282 -284 n) By -Law No. 2010 -152 Being a By -law to Remove Holding Provision for Lots 2, 3, 4, 5, 13, and 14, Indian Park Association [to be distributed at meeting]. 16. CONFIRMATION BY -LAW: 285 a) By -Law No. 2010 -144 Being a By -law to confirm the proceedings of the Council Meeting held on Tuesday, August 10, 2010. 17. ANNOUNCEMENTS OF INTEREST TO THE PUBLIC: 18. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 19. ADJOURNMENT: a) Motion to Adjourn Page 6 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... � Tiaor�t o1' 0 r�onte Proud Henri qr, Exririn_q Future Thursday, July 15, 2010 Present: Bruce Chappell, Chair Roy Hastings Garry Potter Lynda Aiken Michelle Lynch Time: 9:30 a.m. Staff present: Steven Farquharson, Secretary Treasurer /Intermediate Planner Alan Wiebe, Planner Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator 1. OPENING OF THE MEETING BY THE CHAIR Bruce Chappell assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt the agenda. Motion No. CA100715 -1 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment agenda for Thursday, July 15, 2010 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST Member Lynch declared a conflict of interest on Item 5k) 2010 -A -25 — Robert and Patricia Ryersee as the applicants are immediate neighbours. Member Lynch left the table and did not participate in any discussion or vote on this item. 4. ADOPTION OF MINUTES a) Adoption of minutes of meeting held on Thursday, June 17, 2010. Motion No. CA100715 -2 Moved by Aiken, Seconded by Lynch It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, June 17, 2010 be adopted as printed and circulated. Carried. Page 1 of 13 THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Page 7 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes — Thursday, July 15, 2010 5. PUBLIC MEETINGS: a) 2010 -B -04 - Mark Porter 298 Shanty Bay Road, Plan 1, East Part Lot 15 Boundary adjustment. Application is in conjunction with 2010 -A -08. Cameron Sellers, agent, was present. Suzanne Dupuis, neighbour, noted her support for the application as it suited the neighbourhood. Motion No. CA100715 -3 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval for Consent Application 2010 -B -04, being for the conveyance of approximately 20 metres of frontage along Shanty Bay Road, a depth of approximately 66.9 metres and an area of approximately 0. 13 hectares. The subject lands are proposed to be added to the adjacent lands to the east (300/302 Shanty Bay Road), subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with 300 Shanty Bay Road and that the provisions of Subsection 3 or 5 of Section 50 of the Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant's solicitor provides an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the applicant obtains any approvals from the County of Simcoe; 6. That the applicant applies for a change of use for the existing dwelling to an accessory building on the lands municipally known as 298 Shanty Bay Road, and that the septic system be decommissioned; 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice; 8. That the applicant satisfies the conditions of the County of Simcoe as outlined in their July 8, 2010 correspondence; 9. And That Variance Application 2010 -A -08 be approved. Carried. Page 2 of 13 Page 8 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes — Thursday, July 15, 2010 b) 2010-A-08- Mark Porter 298 Shanty Bay Road, Plan 1, East Part Lot 15 Relief from the minimum lot area and lot frontage. Application is in conjunction with 2010 -B -04. Cameron Sellers, agent, was present. Suzanne Dupuis, neighbour, noted her support for the application as it suited the neighbourhood. Motion No. CA100715 -4 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment grants Variance Application 2010 - A-08, being for relief from the Township's Comprehensive Zoning By -law in relation to reducing the minimum required lot frontage and lot area provision in the SR Zone, subject to the following condition: 1. That the minimum lot area for the retained lands (2010 -B -04) be no less than 0.15 hectares and the minimum lot frontage be no less than 23 metres. Carried. c) 2010- B- 07(Revised) - Ridgoro Farms Ltd. 280 Ridge Road East, Part of Lot 23 & 24, Concession 8 (Former Township of Oro) Technical severance to create a lot which once existed as a separate parcel of land. Doug and Lynda Crawford, applicants, and Shirley Partridge, agent, were present. Motion No. CA100715 -5 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment defers Consent Application 2010 - B-07 (Revised) in order to allow the applicants to be in discussion with the County of Simcoe in regards to the entrance, and for the Lake Simcoe Region Conservation Authority to comment. Carried. Page 3 of 13 Page 9 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes — Thursday, July 15, 2010 d) 2010 -B -18 (Revised) -James Partridge Concession 5, Part of Lot 16 (Former Township of Oro) Technical severance to create a lot which once existed as a separate parcel of land. James Partridge, applicant, and Shirley Partridge, agent, were present. Steve Howcraft noted his support for the application. Motion No. CA100715 -6 Moved by Aiken, Seconded by Hastings It is recommended that that the Committee of Adjustment grants provisional approval to Consent Application 2010 -B -18, being for a technical severance to recreate a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage along 15/16 Sideroad West of approximately 356 metres (1,168 feet), with a lot depth of approximately 633 metres (2,077 feet), and a lot area of approximately 20.2 hectares (50 acres). The lands to be retained would have a lot area of approximately 30.3 hectares (74.8 acres), subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer of the Committee of Adjustment; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pays $2,000.00 for the lot created as cash -in -lieu of a parkland contribution; 4. That all municipal taxes be paid to the Township of Oro - Medonte; 5. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 4 of 13 Page 10 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes —Thursday, July 15, 2010 e) 2010 -B -21 - Bryan and Daniel Lambert 839 Ridge Road West, Lot 26, Concession 5 Create a new residential lot. Application is in conjunction with 2010 -A -21. Daniel Lambert, applicant, and Wayne Lambert were present. Chris Iles, neighbour, noted his support for the application. Motion No. CAI 00715-7 Moved by Hastings, Seconded by Potter It is recommended that the Committee of Adjustment defers Consent Application 2010- B -21 in order to obtain comments from the Lake Simcoe Region Conservation Authority. Carried. f) 2010 -A -21 - Bryan and Daniel Lambert 839 Ridge Road West, Lot 26, Concession 5 Relief from the minimum lot area and lot frontage. Application is in conjunction with 2010 -B -21. Daniel Lambert, applicant, and Wayne Lambert were present. Chris Iles, neighbour, noted his support for the application. Motion No. CAI 00715-8 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment defers Variance Application 2010 - A-21 to obtain comments from the Lake Simcoe Region Conservation Authority. Carried. Page 5 of 13 Page 11 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes - Thursday, July 15, 2010 g) 2010-B-22- Paul and Suzanne Dupuis 299 Shanty Bay Road, Part of Lot 15, Plan 1, 51R -27502 Part 7 Create anew residential lot. Application is in conjunction with 2010 -A -23. Paul and Suzanne Dupuis, applicants, were present. Chris Meissner and Eric Cole, neighbours, noted their objection the application, due to restrictions within a covenant registered on title to the property. The Committee received correspondence dated July 15, 2010 from Klaus Jacoby supporting the application. Motion No. CA100715 -9 Moved by Hastings, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to Application 2010 -B -22, being to create a new residential lot fronting onto Shanty Bay Road. The land to be severed would have approximately 22 metres of frontage on Shanty Bay Road, a lot depth of 62 metres and an area of 0.13 hectares, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcels be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the applicants pay $ 2,000.00 for each lot created as cash -in -lieu of a parkland contribution; 3. That the applicants' solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That all municipal taxes be paid to the Township of Oro- Medonte; 5. That Variance Application 2010 -A -23 be approved; 6. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 6 of 13 Page 12 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes — Thursday, July 15, 2010 h) 2010 -A -23 -Paul and Suzanne Dupuis 299 Shanty Bay Road, Part of Lot 15, Plan 1, 51 R -27502 Part 7 Relief from the minimum lot area and lot frontage. Application is in conjunction with 2010 -B -22. Paul and Suzanne Dupuis, applicants, were present. Chris Meissner and Eric Cole, neighbours, noted their objection the application, due to restrictions within a covenant registered on title to the property. The Committee received correspondence dated July 15, 2010 from Klaus Jacoby supporting the application. Motion No. CA100715 -10 Moved by Potter, Seconded by Lynch It is recommended that the Committee of Adjustment grants Variance Application 2010 - A-23, being to create a new residential lot with a total area of approximately 0. 13 hectares and minimum lot frontage of approximately 22 metres onto Shanty Bay Road, subject to the following conditions: 1. That the minimum lot area for the severed lot (2010 -B -22) be no less then approximately 0. 13 hectares, and the minimum frontage be no less then approximately 22 metres; 2. And That the applicants satisfy County of Simcoe By -laws #5544 and #5604. Carried. Page 7 of 13 Page 13 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes — Thursday, July 15, 2010 i) 2010 -B -23 - Michael and Katherine Vandergeest 2555 Dunns Line, Concession 14, Part of Lot 13 (Former Township of Medonte) Boundary adjustment. Michael and Katherine Vandergeest, applicants, were present. Motion No. CA100715-1 Potter, Seconded by Hastings Moved by royal to It is recommended that the Committee o f Adjustment boundarygadjustment to convey Consent Application 2010 -B -23, be for ing Part of Lot 13, approximately 4.8 hectares (12 acres) f i the lotto the The propo retained Concession 14, to the pro ximately 51 8 h (128 acres), subject to the following lot would consist of app conditions: severed 1. That three copies of a RefeOrntarioLland Surveyobbe submitted to Sec etary- parcel be prepared by an Treasurer; ed in title with the 25 acre lot to the north ('(A) ", per 2. That the severed lands be merge Schedule #3), and that the provisions of Subseantio o3transactiontinvo5 ing the Planning Act apply to any subsequent convey subject lands; of the proposed conveyance 3. That the applicants' solicitor prepare and submit a copy for the parcel severed, for review by that the severed lands and the 4. That the applicants' solicit the Municipality; or provides an undertaking lands to be enhanced will merge in title; the Committee be fulfilled within one 5. And That the conditions of consent b Carr y year from the date of the giving the notice. page 8 of 13 Page 14 of 28 — 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes — Thursday, July 15, 2010 j) 2010 -A -24 -Duane Van Dixhoorn 2A Conder Drive, Lot 9, Concession 13, RP 51 R17645 Part 2 (Former Township of Medonte) Relief from maximum height. Duane Van Dixhoorn, applicant, was present. Eric Miller, neighbour, noted his support for the application. Motion No. CA100715 -12 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment grants approval of Variance Application 2010 -A -24, being for the construction of a two- storey detached accessory building with a height of 5.99 metres, subject to the following conditions: 1. That notwithstanding Section 5.1.4 of Zoning By -law 97 -95, the structure shall otherwise comply with all other provisions for detached accessory buildings, as required under Section 5.1 of the Zoning By -law; 2. That the setbacks be in conformity with the dimensions as set out in the application and on the drawings submitted with the application and approved by the Committee; 3. That an Ontario Land Surveyor provides verification to the Township of compliance with the Committee's decision by verifying in writing that the height of the detached accessory structure not exceed approximately 5.99 metres; 4. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 9 of 13 Page 15 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes — Thursday, July 15, 2010 k) 2010 -A -25 - Robert and Patricia Ryersee 2863 Line 11 North, Part of Lot 3, Concession 12 (Former Township of Oro) Relief from setback to EP Zone. Member Lynch declared a conflict of interest on Item 5k) 2010 -A -25 — Robert and Patricia Ryersee as the applicants are immediate neighbours. Member Lynch left the table and did not participate in any discussion or vote on this item. Robert and Patricia Ryersee, applicants, were present. Motion No. CA100715 -13 Moved by Hastings, Seconded by Aiken It is recommended that the Committee of Adjustment grants approval of Variance Application 2010 -A -25, being for the construction of a detached accessory building on a portion of the subject property that is located within the Environmental Protection (EP) Zone, with a 0 metre setback, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That a permit be obtained from the Nottawasaga Valley Conservation Authority under the Conservation Authorities Act; 3. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 10 of 13 Page 16 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes — Thursday, July 15, 2010 1) 2010 -A -26 -Tony and Kristin Clemente 22 Lakeshore Road West, Lot 26, Concession 7, 51 R- 36302, Part 2 Relief from permitted locations for detached accessory buildings and structures in all zones. Tony Clemente, applicant, was present. Motion No. CAI 00715-14 Moved by Lynch, Seconded by Potter It is recommended that the Committee of Adjustment grants approval of Variance Application 2010 -A -26, being for the construction of a detached accessory building in the front yard of the lot, which is to be approximately 6.0 metres from the front lot line, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report so that the detached garage be located no closer than approximately 6.0 metres from the front lot line; 2. That the proposed detached garage be located no closer than approximately 6.0 metres from the front lot line, Lakeshore Road West, in accordance with the sketch submitted with the application; 3. That the proposed detached garage complies with all other provisions for Detached Accessory Buildings, as listed in Section 5.1 of Zoning By -law 97 -95; 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; 5. That the applicants obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority; 6. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 7. And That the entrance at the west side lot line must be removed. Carried. Page 11 of 13 Page 17 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes — Thursday, July 15, 2010 m) 2010-A-27- Brian Sirbovan 237 Eight Mile Point Road, Plan 780, Lot 114 (Former Township of Oro) Relief from setback from average high water mark of Lake Simcoe. Brian Sirbovan, applicant, was present. Motion No. CA100715 -15 Moved by Lynch, Seconded by Potter It is recommended that the Committee of Adjustment grants approval of Variance Application 2010 -A -27, being for the construction of a deck onto the rear of a new dwelling, with a proposed setback of 15 metres from the Average High Water Mark of Lake Simcoe, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that only the proposed deck be located no closer than approximately 15 metres from the average high water mark of Lake Simcoe; 2. That the setback for the proposed deck be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable, and that proper erosion and sediment control measures be in place prior to any site alteration; 4. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 12 of 13 Page 18 of 285 5a) - Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes — Thursday, July 15, 2010 6. NEW BUSINESS: None. 7. NEXT MEETING DATE Thursday, August 19, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to adjourn. Motion No. CA100715 -16 Moved by Aiken, Seconded by Hastings It is recommended that we do now adjourn at 1:05 p.m. Carried. Bruce Chappell, Chair Steven Farquharson, Secretary Treasurer Page 13 of 13 Page 19 of 285 9a) - Robin Dunn, Chief Administrative Officer, re: Lake Simcoe Re... 8/9/2010 1 Page 20 of 285 VISION ■ A Gated Community providing full service, including Maintenance & Repair Organization (MRO) ■ Include a Centre of Aviation Excellence for maintenance, repair, assembly, manufacturing and related services, improving efficiency for the Canadian aerospace industry ■ Accommodate future air traffic growth trends as defined by developments in next 12 months ■ Promote regional economic development through newly created job opportunities New Governance Model Lake Simcoe Regional Airport Municipal Services Corporation GOVERNANCE ■ Reviewed existing agreement and applied valid content for new model ■ Researched and established ground work for a business /governance model that supports growth, operational flexibility, while maintaining accountability to shareholders MUNICIPAL SERVICES CORPORATION ■ City of Barrie and Township of Oro - Medonte created a municipal services corporation pursuant to Municipal Act, section 203 and O. Reg. 599/06 ■ Separate legal entity ■ Annual corporate maintenance actions including: - Annual general meetings - Maintenance and compliance with by -laws - Corporation Information Act - Minute book MUNICIPAL SERVICES CORPORATION ■ Adopted a business case study and engaged in public consultation in compliance with Municipal Act, section 203 ■ Incorporated OBCA corporation: — Barrie — 80% of common shares — Oro- Medonte — 20 % of common shares Unanimous shareholders agreement dealing with: — Financial contributions — Appointment of directors — Admission of new shareholders — Decision that require shareholder consent — (these provisions are in substance, identical to provisions of governance agreement under A) MUNICIPAL SERVICES CORPORATION ■ Policy on asset transfers to corporation adopted by municipal Councils Appointed Board of Directors — First Board of Directors meeting scheduled for Aug. 24 Adopt bylaws Sign organizing resolutions Operational matters — meeting schedules, etc. • Appoint officers — elected annually by the Board (president,. Vice�president, Seuetary/Treasurer) Assets of LSRA to be transferred (in accordance with asset transfer policy) - Courtesy notice of proposed transfers to Feds & Province Dissolve existing non - profit corporation BOARD OF DIRECTORS +■ Township of Oro - Medonte representatives: - John Crawford - Councillor, Oro- Medonte - Len Leach - Citizen representative ■ City of Barrie representatives: - Jeff Lehman - Councillor, City of Barrie - Michael Prowse - Councillor, City of Barrie - Jon Babulic - CAD, City of Barrie - Hany Kirolos - Director, Strategy and Economic Development, City of Barrie - Shawn Murray - Citizen representative ASSET Facility ■ Primary Regional Airport ■ Fully serviced by the Canada Border Service Agency and maintains Commercial Port -of -Entry status to accommodate international passengers and freight ■ Situated on 594 acres with a 5000 foot lit runway (Buttonville can only boast a 4,000 foot runway) ■ Can accommodate small to medium - sized aircraft, including commercial jets SHORT -TERM BUS DEV Challenges /Opportunities ■ Sustain existing revenue while managing forecasted decline (executive travel decline) ■ Grow Hydro, OPP INVESTMENT WP(MTVNITIES in Pursue ORNGE 1-1 W,, 1•cl I— • Ministry of Natural Resources • Life Guard (Sky Service - Toronto) • Buttonville — 243 private planes +9 I,rlrlal�� in Links to rail & other transport /logistics needs DEVELOPMENT PLAN Development Areas ■ Landside Development Area located to the extreme south eastern part of the airport site ■ 9.9 acres available for commercial use, not presently serviced ■ Southwest Development Area is designated an airside development zone (some of these lots have been developed) ■ Phase 1 - five 1 acre serviced lots ■ Phase 2 - ten 1.5 acre unserviced lots ■ North East Commercial Development Area offers the opportunity to develop an extensive commercial development (could include airside maintenance, manufacturers, hangers, repairs...) 9a) - Robin Dunn, Chief Administrative Officer, re: Lake Simcoe Re... 8/9/2010 ryYp•J •hre s.alreryrtr• M1enmrkl GiMVIT IYILIMt vM1Unrnwu•Awman ' Arta [m n cot W Yn Nync Imemal:un.1 a1�All B.oepLn p.Y Wltcnpeat A4fl•tl Inc ���__F" -.7 O,w..w M1OV:nU.l t`d:n Lake ✓ Simcoe Root e..1:. -: n �w�A.ISCImma•port.cem sG�- .I- •I.- -e LakeSimcoe LakeSimcoe I •i ,�� r low BAML o 7 Page 26 of 285 9a) - Robin Dunn, Chief Administrative Officer, re: Lake Simcoe Re... 8/9/2010 Page 27 of 285 Next Steps +■ 1st Board of Directors meeting slated for August 24, 2010 • Completion of asset transfers, dissolve existing corp., etc. • Agreement on who will chase short-term business opportunities (change current reporting if necessary) • Land Sales /Lease Policy review and update • Branding /marketing and sales ■ In context of development in next 6 months, research and evaluate options re feasibility study /business case action plan for 25 year horizon 9b) - Report No. CSI 2010 -01, Donna Hewitt, Director of Corporate ... i' of REPORT (WG " Proud Heritage, Exciting Future Report No. To: Prepared By: CSI 2010 -01 broad cross Donna Hewitt, Director of businesses who make Council Corporate & Strategic the Initiatives Meeting Date: Subject: Motion # August 10, 2010 outreach is necessary. Economic Development Plan & will act Roll #: Activities Update R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only X It is recommended: 1. THAT Report No. CSI 2010 -01 be received. BACKGROUND /ANALYSIS: Economic Development Plan Update: In April 2010 Council received a staff memorandum and presentation from Ms. Cheryl Govier, Ministry of Agriculture, Food & Rural Affairs (OMAFRA) and Ms. Christine Anderson, Ministry of Tourism (MOT) with respect to the progress made and community consultation undertaken in the development of the Township's Economic Development Plan. As identified at that time in order to assist Council and municipal staff in prioritization of actions, two subsequent meetings were to be held in June to further solicit input from the community. These meetings were held and Township staff and Ministry representatives have reviewed the input provided by attendees participating in the process. And while those in attendance have provided valuable input, it was identified that businesses reflecting key sectors and geographic areas of the Township were not well represented throughout the process (i.e. Forest Home Industrial Park; Construction etc.). To ensure that the plan is reflective of the broad cross section of businesses who make up the Township's economic base, further outreach is necessary. This outreach will act CSI Meeting Date August 10, 2010 Report No CSI 2010 -01 Page 1 of 4 Page 29 of 285 9b) - Report No. CSI 2010 -01, Donna Hewitt, Director of Corporate ... as a means to garner additional issues of interest to Township businesses and potentially validate those items identified to date. Municipal staff would conduct 12 to 15 personal on -site interviews with targeted businesses. It should be noted that this outreach program will be ongoing and will form the basis for regular communication with Township businesses. The information gathered during this process would be collated and provided to Ministry staff who would analyze and update the report presented to Council in April. The presentation of this report will focus on common issues, themes and observations of the facilitators. The updated report would be provided to Council and members of senior management team prior to a facilitated priority setting session with Council and senior municipal staff. A final report would be presented to Council prior to the New Year. Early in 2011, municipal staff would meet with other business servicing organizations to present and review with them the approved plan and solicit their feedback and commitment to specific project implementation goals. This would include: Oro - Medonte Chamber of Commerce; Community Development Corp.; County of Simcoe — Tourism and Economic Development; Simcoe Muskoka Workforce Development Board etc. It is recognized that this process will require sufficient time for organizations to both review the report and deal with their appropriate approval processes (Board meetings, Council meetings etc.). Municipal staff will develop an action plan detailing the commitments of others and proposes to monitor implementation of those actions on a semi - annual basis. Economic Development Activities Update: In conjunction with the completion of the Economic Development Plan, there are a number of key actions that are critical to positioning the Township to be ready to begin implementation of the Plan in 2011. These items will be initiated and /or completed by municipal staff in the fall of 2010 and they include: • Update of the Township's Community Profile and uploading to the municipal website; • Development of Terms of Reference for an Economic Development Advisory body; • Development of a Business Directory (potentially in partnership with the Oro - Medonte Chamber of Commerce); • Outreach and partnership development with municipal, county and relevant business servicing organizations to determine roles /responsibilities and minimize duplication of service delivery. CSI Meeting Date August 10, 2010 Report No CSI 2010 -01 Page 2 of 4 Page 30 of 285 9b) - Report No. CSI 2010 -01, Donna Hewitt, Director of Corporate ... FINANCIAL: There will no additional expenses incurred beyond those previously approved by Council. POLICIES /LEGISLATION: n/a CONSULTATIONS: CAO Director, Development Services Director, Recreation & Community Services Ministry of Agriculture, Food, and Rural Affairs Ministry of Tourism ATTACHMENTS: Attachment #1 — Economic Development Strategy — Proposed Work plan CONCLUSION: By the end of 2010, the Economic Development Plan will have been developed and presented to Council and a number of key initiatives will be completed or in process thus positioning the Township for development and implementation of Council's priorities with respect to Economic Development. This report will form one component of the updated Community Strategic Plan currently under development. Respectfully submitted: Donna Hewitt Director Corporate & Strategic Initiatives C.A.O. Approval / Comments: CSI Report No CSI 2010 -01 Meeting Date August 10, 2010 Page 3 of 4 Page 31 of 285 9b) - Report No. CSI 2010 -01, Donna Hewitt, Director of Corporate ... ATTACHMENT #1 Economic Development Plan Work plan Facilitators: - Christine Anderson - Ministry of Tourism — Regional Services Branch - Cheryl Govier - Ministry of Agriculture, Food and Rural Affairs — Economic Development Branch Timeline: Presentation of Plan to Council: end of 4th quarter 2010 Site Requirements: Township to provide meeting space and refreshments for priority setting meeting Description of Work: Task Time Participation Responsibility Frame /Completion Date Business Outreach August 2010 Cheryl Govier — OMAFRA; Survey Development Christine Anderson — MOT; Donna Hewitt — Director CSI Business Survey September 2010 12 — 15 Oro- Donna Hewitt— Director CSI Completion / Data Medonte Collation Township businesses Data Analysis; October 2010 Cheryl Govier — OMAFRA; Results Presentation Christine Anderson — MOT Strategy Prioritization December 2010 Council, Senior Cheryl Govier — OMAFRA; Management Christine Anderson — MOT Team Report to Council January 2011 Cheryl Govier — OMAFRA; Christine Anderson — MOT; Donna Hewitt — Director CSI Action Plan January - March Business Donna Hewitt — Director CSI Development 2011 Servicing Organizations CSI Meeting Date August 10, 2010 Report No CSI 2010 -01 Page 4 of 4 Page 32 of 285 9c) - Report No. CS 2010 -021, Doug Irwin, Director of Corporate Se... Township of REPORT ffi-We Proud Heritage, Exciting Future Report No. CS2010 -21 To: Council Prepared By: Harold Daynard Meeting Date: August 11, 2010 Subject: Administration Centre & Firehall Photocopier Leases Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. CS2010 -21 be received and adopted. 2. That the provisions of the Purchasing and Tendering Procedures By -law be waived to allow the Township to enter into a lease agreement with Xerox, without requesting proposals for photocopier services. 3. That staff be authorized to enter into a 60 month lease agreement with Xerox as outlined in Report No. CS2010 -21. BACKGROUND: The Township existing leases involved in this report are: • Xerox 5675 — Administration front photocopier (black and white print with colour scan capability) • Xerox 5050 — Firehall photocopier (black and white print and scan capability) The Township has been approached by Xerox with a solution that would allow the Township to enhance its technology and workflow processes. CORPORATE SERVICES August 04, 2010 Report No. CS 2010 -21 Page 1 of 4 Page 33 of 285 9c) - Report No. CS 2010 -021, Doug Irwin, Director of Corporate Se... ANALYSIS: The Township's current leased equipment are outlined in the below table: Existing Equipment Xerox 5675 front copier) Xerox 7665 rear copier) Xerox 5050 fire copier) Lease per month $984.50 $838.60 $195.71 B &W Cost per copy $0.0085 $0.0108 $0.0090 Colour Cost per co N/A $0.0108 (first 500) $0.1070 (501+ N/A B &W Volume 18677 60952 8383 Colour Volume N/A 8423 N/A Cost B &W $158.75 $658.28 $75.45 Cost Colour $0 $853.16 $0 Total Cost copies p er month $158.75 $1511.44 $75.45 Total Cost per Month $1143.25 $2350.04 $271.16 Total of three machines Monthly Total: 5675,7665,5050 $3764.45 The Township currently uses software along with these photocopiers. The software includes: image retriever, paperport, and ocr (optical character recognition) modules. These software modules have not been upgraded in many years and are creating extra maintenance and incompatibilities. This software is installed on individual computers. The proposed solution is outlined in the following table. The Xerox 7665 would be relocated from the rear of the building to the front of the building to replace the Xerox 5675. A Xerox 7775 would be brought in to replace the copier being moved to the front. A Xerox 7435 would be brought in to replace the Xerox 5050 fire copier. Scanflow Store would then be added to replace the legacy software modules listed above. Scanflow Store is a Server based software and would provide updated functionality without installing on individual computers. The proposed solution offers the following benefits: • Redundancy in equipment if equipment should go down • Free colour prints included on new copiers • Updated software for scanning • Multiple searchable scan output formats • Server based software easily maintained and updated • Ability to scan and print colour documents at 3 locations CORPORATE SERVICES Report No. CS 2010 -21 August 04, 2010 Page 2 of 4 Page 34 of 285 9c) - Report No. CS 2010 -021, Doug Irwin, Director of Corporate Se... • Ability to print a mixed document containing both black and white and colour without having to hand collate • Enhanced number of colour pages per minute • Ability to print up to 13" x 19" • Ability to staple and 3 hole punch colour copies • Ability to track number of colour and black and white prints by person or group at all locations • Ability to control number of colour prints Proposed Xerox 7665 Xerox 7775 Xerox 7435 Scanflow Equipment front copier-existing) (rear copier) fire copier) Store Lease per month $838.60 $948.38 $278.04 $67.42 B &W Cost per $0.0108 $0.0113 $0.0140 Annual copy support $528 Colour Cost per $0.0108 (first 500) $0 (first 600) $0 (first 375) copy $0.1070 (501 +) $0.085 (601 -2500) $0.095 (376 -1000) $0.080 2501+ $0.090 1001+ B &W Volume 39815 39814 8383 Colour Volume 923 6400 1100 Cost B &W $430.00 $449.90 $117.36 Cost Colour $50.66 $473.50 $68.38 Total Cost copies $708.94 $623.40 $143.83 p er month Total Cost per $1547.54 $1607.90 $339.54 Month Total of three Monthly Total: 7775,7665,7435,Scanflow machines $3722.24 It is recommended that the Township enter into a 60 month (5 year) lease for the Xerox 7775 and Xerox 7435 and Scanflow Store software. There is an estimated reduction in total monthly cost for the existing Xerox 7665 due to shifting print volume to the newly updated machines. The existing Xerox 7665 photocopier lease was executed May 27, 2009 and runs until May 26, 2014. CORPORATE SERVICES August 04, 2010 Report No. CS 2010 -21 Page 3 of 4 Page 35 of 285 9c) - Report No. CS 2010 -021, Doug Irwin, Director of Corporate Se... FINANCIAL: • Based on the estimates provided, The Township of Oro - Medonte can enhance its technology without incurring additional costs. POLICIES /LEGISLATION: • Purchasing and Tendering Procedures By -law No. 2004 -112 CONSULTATIONS: • Director Corporate Services /Clerk • Director Fire & Emergency Services ATTACHMENTS: • None CONCLUSION: The Township computers are configured with Xerox printer settings and software and staff are familiar with the Xerox equipment, thus reducing training needs. Xerox has provided reliable and prompt service, It is therefore recommended that the provisions of the Purchasing and Tendering Procedures By -law be waived to allow the Township to enter into a 60 month (5 year) lease for the Xerox 7775 and Xerox 7435 and Scanflow Store software. Respectfully submitted: Harold Daynard Manager Information Technology S.M.T. Approval / Comments: C.A.O. Approval / Comments: e CORPORATE SERVICES August 04, 2010 Report No. CS 2010 -21 Page 4 of 4 Page 36 of 285 9d) - Report No. CS 2010 -022, Doug Irwin, Director of Corporate Se... Township of REPORT CW`Ot'�" Proud Heritage, Exciting Future Report No. CS 2010 -022 To: Council Prepared By: Doug Irwin Meeting Date: August 10, 2010 Subject: Animal Control Update — January to June 2010 Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. CS2010 -022 be received for information. BACKGROUND: Effective January 1, 2010, the Township of Oro- Medonte Municipal Law Enforcement Officers undertook the enforcement of the Township's Animal Control By -law, which was previously contracted to the Ontario Society for the Prevention of Cruelty to Animals ( OSPCA). The Township's Pound Services are provided by the OSPCA — Orillia Branch, through an 18 month contract. ANALYSIS: Below is a summary of the 2009 OSPCA statistics compared to the 2010 Township statistics for Animal Control. Corporate Services August 10, 2010 Report No. CS2010 -022 Page 1 of 3 Page 37 of 285 9d) - Report No. CS 2010 -022, Doug Irwin, Director of Corporate Se... It needs to be noted that in OSPCA's statistics the "# Complaints Investigated" includes feline and wildlife complaints, while the Township only responds to canine occurrences. So, while the numbers appear similar in nature, we are not able to determine from the OSPCA statistics the total number of canine complaints they received per month, but rather the total number of complaints OSPCA received which included canine, feline and wildlife. Corporate Services Report No. CS2010 -022 ist 10, 2010 Page 2 of 3 Page 38 of 285 2009 OSPCA 2010 Township # Complaints Investigated Occurrences January 16 — complaints 16 — occurrences 1 — dog impounded 4 — dogs impounded 1 —ticket issued 1 — ticket issued 0 — D.O.L.A. Charges 13 — warnings issued February 13 — complaints 11 — occurrences 5 — dogs impounded 3 — dogs impounded 0 — tickets issued 2 — tickets issued 0 — D.O.L.A. Charges 7 — warning issued March 21 — complaints 12 — occurrences 7 — dogs impounded 1 — dog impounded 1 — ticket issued 0 — tickets issued 1 — D.O.L.A. Charge 10 —warnings issued April # of complaints not specified 11 — occurrences 2 — dogs impounded 5 — dogs impounded 0 — tickets issued 0 — tickets issued 1 — D.O.L.A. Charge 4 — warnings issued May # of complaints not specified 8 — occurrences 2 — dogs impounded 2 — dogs impounded 0 — tickets issued 0 — tickets issued 1 — D.O.L.A. Charge 4 — warnings issued June 23 — complaints 21 — occurrences 7 — dogs impounded 5 — dogs impounded 0 — tickets issued 5 — tickets issued 0 — D.O. L.A. Charges 11 — warnings issued Totals 73 — complaints + not specified 79 — occurrences January - June 24 — dogs impounded 20 — dogs impounded 2 — tickets issued 8 — tickets issued 3 — D.O.L.A. Charges 49 — warnin s issued It needs to be noted that in OSPCA's statistics the "# Complaints Investigated" includes feline and wildlife complaints, while the Township only responds to canine occurrences. So, while the numbers appear similar in nature, we are not able to determine from the OSPCA statistics the total number of canine complaints they received per month, but rather the total number of complaints OSPCA received which included canine, feline and wildlife. Corporate Services Report No. CS2010 -022 ist 10, 2010 Page 2 of 3 Page 38 of 285 9d) - Report No. CS 2010 -022, Doug Irwin, Director of Corporate Se... During the first half of 2010, Township Municipal Law Enforcement Officers conducted extensive education of the public with respect to the Township's Animal Control By -law. The officers have frequently returned dogs found at large to their residence, as opposed to impounding the dogs, and have issued warnings to these dog owners. In addition, the Township has been exercising its authority under the Dog Owner's Liability Act (D.O.L.A.) with respect to dogs which have attacked people and other dogs, and as a result have issued charges under the Act. Of the 3 charges laid under D.O.L.A. in the first half of 2010, none of the dogs were ordered to be destroyed. FINANCIAL: • Not applicable POLICIES/LEGISLATION: • Township's Animal Control By -law • Dog Owner's Liability Act CONSULTATIONS: • Chief Municipal Law Enforcement Officer ATTACHMENTS: • None CONCLUSION: Since assuming the enforcement of the Township's Animal Control By -law, the Municipal Law Enforcement Officers have diligently responded to canine occurrences in a timely manner, both day and night, to ensure the safety of our residents and the animals in question. Their dedication has elevated the service level that our residents receive with respect to enforcement of the Township's Animal Control By -law. Di recto r,6f,Corporate Services /Clerk Corporate Services Report No. CS2010 -022 August 10, 2010 Page 3 of 3 Page 39 of 285 9e) - Report No. DS 2010 -040, Andria Leigh, Director of Developmen... � f REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS 2010 -040 Council Steven Farquharson, Intermediate Planner Meeting Date: Subject: Proposed Official Plan Motion # July 14, 2010 Amendment Application: 2010- OPA -01 Roll #: Cameron -Van Amelsvoort R.M.S. File #: D09 40113 4343- 010 - 003 -35410 West Half of Part of Lot 2, Concession 8 (Oro) Township of Oro - Medonte RECOMMENDATION (S): Requires Action® For Information Only It is recommended to Council: 1. THAT Report DS 2010 -040 Re: Official Plan Amendment Application 2010- OPA -01 for Vera Cameron -Van Amelsvoort, West Half of Lot 2, Concession 8, (Oro), Township of Oro - Medonte, be received and adopted. 2. THAT Official Plan Amendment Application 2010- OPA -01 for West Half of Part of Lot 2, Concession 8 (Oro) to re- designate from Rural to Rural Exception be denied. BACKGROUND: The purpose of this report is to consider proposed Official Plan Amendment application 2010- OPA -01 submitted by the property owner. Vera Cameron -Van Amelsvoort (the applicant) is proposing to redesignate the subject lands from "Rural" to "Rural Exception" in order to facilitate a residential severance. ANALYSIS: ', The subject property is located south of Horseshoe Valley Road West and on the east side of Line 7 North. The subject land has a frontage of approximately 123 metres (403 feet) on Line 7 North. The subject lands were created by way of consent in December 2002. The lot area of the applicant's lands is 1.94 hectares (4.8 acres). The applicant is proposing to create one new residential lot by dividing the parcel in half. A statutory public meeting was held on May 12, 2010 regarding the proposed Official Plan Amendment. One of the neighboring residents voiced their objections to the proposed application at the public meeting. Written comments were received by internal staff stating they had no concerns. Subsequent to the public meeting, DEVELOPMENT SERVICES Meeting Date: July 14, 2010 Report No. DS 2010 -040 Page 1 of 7 Page 40 of 285 9e) - Report No. DS 2010 -040, Andria Leigh, Director of Developmen... comments were received from the County of Simcoe, NVCA and neighboring residents. The comments received from the County of Simcoe originally stated that they objected to the application but has since amended their comments and have not stated any objections to the application. The applicant has submitted an Environmental Impact Study (EIS), which was completed by Riverstone Environmental Solutions, concluded that the proposed severance would not have any negative impact on the environmental features of the area. The EIS was submitted to the Nottawasaga Valley Conservation Authority (NVCA), who concurred with the EIS findings and that they have no objections to the proposed application. It is the intent of the applicant to develop the property for residential uses, which will result in the creation a one new lot. A re- designation is necessary to support this proposed development of the site. FINANCIAL: N/A POLICIES /LEGISLATION: Township of Oro- Medonte Official Plan: The Township's Official Plan provides the basis for considering all growth and development in the Township and for protecting the Township's natural heritage system. The Plan contains policies intended to guide land use decisions for the Township for the next twenty years. The Plan establishes a vision for the Township which is intended to preserve the quality of life, protect the rural character and natural heritages features, and maintain the open countryside which makes up the Township. The rural area is considered to be an asset to the community and it is the intent of the Official Plan to protect this by only encouraging development in the rural area that is compatible with the open space and natural character of the area. As the Plan designated sufficient land for residential uses, amendments to the Plan to permit such development, unless specifically anticipated by the policies of this plan, may only be considered by Council if they are the result of a broader policy review. As discussed in more detail in this section, the proposed application is a site specific amendment which was not anticipated by the policies of the Plan and is not the result of a broader policy review. The subject property is designated "Rural" by the Official Plan. The permitted uses within the "Rural" designation include single detached dwellings, home occupations, and Bed and Breakfast establishments. The objectives of the Rural designation are to: - Preserve and promote the rural character of the Township and the maintenance of the open space. DEVELOPMENT SERVICES Meeting Date: July 14, 2010 Report No. DS 2010 -040 Page 2 of 7 Page 41 of 285 9e) - Report No. DS 2010 -040, Andria Leigh, Director of Deveoopmen... - Prevent the intrusion of land uses which are incompatible with the rural character and /or resource activities of the area It is for these purposes that Section C2.3, contain policies which provide direction regarding the creation of new lots for residential purposes in the "Rural" designation. Section C2.3.1 states that only one new lot can be severed from a lot in the Rural designation that has an area of at least 36 hectares or is the whole of an original Township lot provided a lot has not been served from the parcel after March 26, 1973. The subject land does not meet both of these policies which is the purpose of the applicant applying to the Township for consideration of re- designation the lands to permit a residential severance. The total lot size of the lands to be severed is approximately 2.0 hectares. Therefore, any proposed severance of the lands does not meet the intent of the Rural policies. The purpose of establishing a minimum requirement of 36 hectares is to ensure that the rural character is maintained and that future growth is directed towards the settlement areas of the Township. The subject land was created by way of consent in December 2002 and therefore the lands would not meet the second policy for the creation of a new residential lot in the Rural Designation. In terms of road access the subject land front onto Line 7 N, which is a municipally maintained road. Schedule C of the Township's Official Plan identifies Line 7 North as a Haul Route (Limited). Section C12.4.6 of the Official Plan states that in order to protect the function of haul routes identified on Schedule C, the creation of a new lot for residential purposes on any such haul route in the Rural designation is prohibited. Based on the above, the proposed application would not conform with the intent of the policies in Rural designation or the Township Official Plan policies in general. In considering any application for an Official Plan Amendment, consideration of Section E1.7- Amendments to the Official Plan is required. This section states that the Plan is intended to manage change in the Township for the next 20 years and that the Plan identifies enough land for residential, commercial, and industrial uses until the year 2022. On this basis, the policies state that the Plan should only be amended when the policies have been found not to address issues or issues have been raised with a site - specific proposal that are required to be addressed in a comprehensive manner. The proposed application for an Official Plan Amendment proposes the creation of an additional lot for residential purposes. As stated in the Plan, sufficient lands are already designated to accommodate residential development and therefore amendments to the Plan, unless contemplated by the existing policies for this purpose, would not conform with this policy. In addition, the proposed application does not identify any issue which has not already been contemplated by the Plan and does not raise any issue which needs to be addressed in a comprehensive manner. At the time of the adoption of the Official Plan, consideration was provided on a comprehensive basis regarding the lot creation policies. At that time sufficient lands were already designated and available for residential development and therefore it was the intent of Council to protect the rural character and quality of life enjoyed by residents through limited now residential lot creation policies. Should Council consider supporting the proposed Official Plan Amendment application, additional applications for similar proposals would be anticipated. DEVELOPMENT SERVICES Meeting Date: July 14, 2010 Report No. DS 201 0 -040 Page 3 of 7 Page 42 of 285 9e) - Report No. DS 2010 -040, Andria Leigh, Director of Developmen... On the basis of the analysis provided above, the proposed application to amend the Official Plan would not confirm with the intent of the Township Official Plan. Zoning By -law 97 -95 The proposed lot is zoned Agricultural /Rural (A/RU) Zone by Zoning By -law 97 -95. The applicant would be required to verify that the subject and retained lands of a future consent application complies with the minimum lot frontage (45 metres) and lot area (0.2 hectares) requirements of the Agricultural /Rural (A/RU) Zone for a residential use. As the subject lands have 123 metres (403 feet) of frontage and 1.94 hectares (4.8 acres) of lot area it is anticipated zoning compliance can be achieved. County Official Plan In analyzing the Official Plan Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The subject lands are designated Rural in the County Official Plan. The County originally commented on the application stating that the application didn't meet Section 3.8.11 of the County Official Plan. The applicant has since had discussions with the County and provided additional background. On this basis of discussions, the County of Simcoe has amended their comments and have now stated that the application for lot creation is not considered to contribute to strip development. Section 3.4.1 states that where policies of local municipal Official Plan are considered more restrictive to development than the policies of the County Official Plan, the more restrictive policies shall apply. Due to the Township's Official Plan policies being more restrictive for lot creation in the Rural designation, the Township's policies apply. The adopted County Official Plan continues to include the policies discussed above and therefore it is our opinion that the proposed development generally does not conform to the policies of both County Plans (approved and adopted). Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS states in policy 1.1.1(b) and 1.1.2 that the Township will have sufficient land made available to accommodate an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses) recreational and open spaces to meet long term needs. Due to their being sufficient land available throughout the Township within identified settlement areas, the creation of a new residential lot would not meet the intent of this policy. The subject lands have also been identified as adjacent to a natural feature, which policy 2.1.6 does not permit any development or site alteration, unless the ecological function of the adjacent lands has been evaluated and it has demonstrated that there will be no negative impacts on the natural features. The applicant has submitted an DEVELOPMENT SERVICES Meeting Date: July 14, 2010 Report No. DS 2010 -040 Page 4 of 7 Page 43 of 285 9e) - Report No. DS 2010 -040, Andria Leigh, Director of Developmen... Environmental Impact Study to address this policy, which concluded that the proposed development would not have any negative impacts on the ecological functions. The EIS was reviewed by the Nottawasaga Valley Conservation Authority, which concurred with the EIS study. Therefore, it is determined that the proposed development is consistent with policy 2.1.6 of the PPS. Policy 1.1.3 contains policy that state settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. The proposed severance is located outside of a settlement area therefore it is considered not to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Places to Grow policies that have been in place since 2006. In Policy 2.2.2 Managing Growth subsection (i) states that development should be directed to settlement areas. As stated above, the subject lands are not located in a settlement area identified in the County of Simcoe and Township Official Plan and therefore the proposed residential development would not be within a settlement area as required by Places to Grow. Subsection 0) states that growth in settlement areas should offer municipal water and wastewater services. The Township of Oro - Medonte has been identified as a Rural Area in the Places to Grow Plan. In Section 2.2.9, Rural Areas subsection (3), states that new multiple lots and units for residential development will be directed to settlement areas and may be allowed in rural areas in site - specific location with approved zoning or designation that permits this type of development. Given that the proposed residential development is not located within a settlement area and that the designation requires the subject lands to have a minimum of 36 hectares to create one residential lot, the application would not satisfy this policy. Based on the above, the application to amend the Official Plan, would not conform with the Places to Grow Growth Plan. CONSULTATIONS: No concerns from any internal or external departments. Simcoe County District School Board County of Simcoe Nottawasaga Valley Conservation Authority ATTACHMENTS: Schedule #1- Location Map DEVELOPMENT SERVICES Meeting Date: July 14, 2010 Report No. DS 2010 -040 Page 5 of 7 Page 44 of 285 9e) - Report No. DS 2010 -040, Andria Leigh, Director of Developmen... CONCLUSION: On the basis of the analysis provided above, Planning staff do not support the proposed Official Plan Amendment to redesignate the subject lands from "Rural' to "Rural Exception ". The proposed Official Plan Amendment Application is not consistent with the Provincial Policy Statement and does not conform with the Places to Grow, County Official Plan and Township Official Plan. Respectfully submitted: Steve uharson, B.URPL Intermediate Planner Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services SMT Approval / Comments: % i �r� DEVELOPMENT SERVICES Meeting Date: July 14, 2010 Report No. DS 2010 -040 Page 6 of 7 Page 45 of 285 9e) - Report No. DS 2010 -040, Andria Leigh, Director of Developmen... Schedule #1- Location Map V SHOE -VAL - ui z 0 30 BO 120 180 240 M eters DEVELOPMENT SERVICES Meeting Date: July 14, 2010 Report No. DS 2010 -040 Page 7 of 7 Page 46 of 285 9e) - Report No. DS 2010 -040, Andria Leigh, Director of Developmen... PROVISTA GROUP INC. A0, o S into PLANNING AND DEVELOPMENT SERVICES I 0F10- MZ- L':')JNTE Amendment Application # 2010- OPA -01 for West Half of Part of Lot 2, Concession 8 Oro - Medonte Township, Owner: Vera Cameron —Van Amelsvoort Planning Opinion By: Barry Peyton of Provista Group Inc. in reply to Staff Report DS 2010 -040 August 6, 2010 The statutory public meeting was held on May 12, 2010 for the proposed OPA and at this meeting we heard that written comments were received from internal staff stating that they had no objections to this proposal. We assume this would include the Roads Department. It was further stated that Simcoe County have not stated any objections apart from an earlier letter that they had sent in error through a lack of apparent information. After reviewing the submitted EIS the Nottawasaga Conservation Authority concurred with the findings of the EIS and stated that they also had no objections. Oro - Medonte Official Plan We are seeking to amend the Official Plan since certain policies within the plan in the Rural designation would not currently permit such a Consent to take place. One being the minimum lot area of 36ha and the other requiring that the land had not been severed after March 26, 1973. To say that the Official Plan will not support such an amendment for these reasons is precisely why we are applying for an amendment to the plan. We believe that we have addressed policies in the Official Plan by the preparation of an EIS that has been endorsed by the NVCA, proposed a one hectare lot which is more than sufficient to provide a suitable septic system, and have taken steps to amend the Official Plan. The Official Plan does state that no residential lots may be created on a Haul Route as shown on Schedule C of the plan. However this section of road is shown as a Limited Haul Route and would not carry the usual truck traffic expected on most Haul Routes. The staff report states that it is anticipated that Zoning compliance can be achieved. 3344 Green River Drive RRI Washago, Ontario LOK 2BO Ph: (705)689-0852 Fax: (705)689-0853 Email: Provista C rogers.com Page 47 of 285 9e) - Report No. DS 2010 -040, Andria Leigh, Director of Developmen... 2 Simcoe County Official Plan The staff report states that the proposed development generally does not conform to the policies of both County plans ( approved and adopted). However we have a letter on file from the County stating that they did not have any objections. The County OP in Section 3.6.11 states that lots may be created by consent in rural areas according to certain guidelines, all of which conform to the proponents proposal. a) Lots should be restricted to one hectare in area b) Strip development should be avoided c) Small groups of lots may be appropriate in defined geographic areas. Provincial Policy Statement 2005 (PPS) The staff reports states that this proposal is not consistent with the PPS. We do not challenge the fact that the PPS states that settlement areas be the focus of growth and the intensification on existing full services is promoted. However this is only a part of this document and this proposal should not be labeled as being inconsistent with the PPS on this basis alone. The PPS in Section 1.1.4.1x) Rural Areas in Municipalities states that limited residential development is a permitted use. Section 1.6.4.4 also states that 5 lots or less may use individual on -site sewage services and water services where full services are not available. In fact this same section states that more than five lots may be permitted under certain circumstances. Places to Grow In Section 2.2.9 Rural Areas, it is stated that development outside of settlement areas may be permitted in accordance with Section 2.2.2.1(1) which states that development may be directed to rural land uses that cannot be located in Settlement areas. This size lot (1 ha), is certainly not found typically in settlement areas and would fall into this classification. In Section 4.2.1 we have addressed the need to protect a natural heritage system (Oro Moraine) and therefore have complied to this section. Box 31 Green River Drive RR1 0853 Washago ON LOK 2BO 12rovistaap@on.aibn.com Ph: (705)689 -0852 Fax: (705)689- Page 48 of 285 9e) - Report No. DS 2010 -040, Andria Leigh, Director of Developmen... 3 Summary Therefore, having completed an EIS that has been reviewed and endorsed by the NVCA, obtained letters of clearance from various internal Township Departments, received no objections from Simcoe County, conformed to the PPS and Places to Grow documents, we believe that the Official Plan Amendment is appropriate and is good planning. Box 31 Green River Drive RR 0853 Washago ON LOK 2B0 provi stagrp @ on.a ibn. corn Ph: (705)689-0852 Fax: (705)689- Page 49 of 285 9f) - Report No. DS 2010 -042, Andria Leigh, Director of Developmen... CQi�t�•%flca!ant.� Pro,�d Hen7gse, 6'xeflLg Pu1um TOWNSHIP OF ORO- MEDONTE REPORT Report No. To: Council Prepared By: DS 2010 -042 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Zoning By -law Motion # August 10, 2010 Amendment 2009 - ZBA -18 (Indian Park Association) Huronwoods Drive Roll #: R.M.S. Files #: 4346- 010 - 003 -14800 (Formerly Oro Township) D14 39821 RECOMMENDATION(S): Requires Action NX For Information Only It is recommended: 1. THAT Report DS 2010 -042 be received and adopted; 2. THAT Zoning By -law Amendment Application 2009 - ZBA -18 for Indian Park Association, Concession 6, Parts of Lot 2 & 3, Part of Blk A Plan M -9, Part 1 on Plan 51 R- 37479 S/T Easement in LT354320, LT441545 & SC27085 (Former Oro Township) Township of Oro - Medonte, on Schedule A16 on the Zoning By -law 97 -95 (as amended) from the Private Recreation Exception 114 (PR *114) Zone to the Residential One Exception 200 Hold (R1 *200 (H)) Zone be approved; 3. THAT the Clerk bring forward the appropriate By -laws for Council's consideration. BACKGROUND: The purpose of this report is to consider proposed Zoning By -law Amendment submitted by MHBC Planning on behalf of Indian Park Association. As Council is aware the Association is in the process of dissolution. As such they submitted applications to create six residential lots in 2009. All six lots were approved by the Committee of Adjustment; two lots known as Lots 4 and 5 were approved January 29, 2009 and the remaining four lots (Lots 2, 3, 13 and 14) were approved on August 20, 2009. Each lot was approved with a condition requiring a rezoning to permit the intended residential use. Lots 3, 4, 5, 13 and 14 were all rezoned to a residential zone on December 16, 2009, which would permit the lots to have a dwelling constructed on the properties. The rezoning of Lot 2 was not rezoned due to concerns raised at the public meeting, specifically the information that there is potentially an endangered tree species (Butternut) and the possible archaeological findings located on the lot; Lot 2 is the most northerly lot on Huronwoods Drive, Development Services Meeting Date August 10, 2009 Report No. DS 2010 -042 Page 1 of 9 Page 50 of 285 9f) - Report No. DS 2010 -042, Andria Leigh, Director of Developmen... Since the public meeting, the applicant has completed the required studies and it is now appropriate for the application to come before Council for their consideration. The applicant is proposing a residential use on the lot which was previously used for private recreation purposes as part of the lands commonly held by Indian Park Association. ANALYSIS: On November 25 2009, a public meeting was held in accordance with the requirements of the Planning Act to receive comments from members of the public and relevant agencies. Several residents and the applicant's agent made presentations at the meeting. The following discussion summarizes the public meeting comments and those raised through correspondence received prior, and subsequent, to the public meeting. a) Reduced setback from steep slope (23m required, 8m requested) The applicant has reviewed the existing conditions in the subdivision. As stated in their letter dated December 4, 2009, the majority of the existing homes in the subdivision are located closer than 8m (26.2ft) to a steep slope and in some cases the homes are built right into the steep slope. Therefore, given that there have been no known adverse effects to date with the homes being sited near and in some cases within the steep slope, the applicant believes the requested reduced setback is appropriate. The rezoning of Lot 2, will be subject to a Holding provision requiring Site Plan Control, prior to permission being granted for the construction of a dwelling. The applicant has submitted a Site Plan Application to the Township, which proposes to establish a building envelope for which a dwelling can be constructed in (See Schedule 2 attached). Once the landowner is at the building stage there may be a need to further refine /revise their site plan agreement to ensure that it is in compliance with the site plan agreement. Planning staff are not aware of any problems to date as a result of placing a building near or within the slopes of the subdivision, and with the requirement for certified lot grading at the Zoning Certificate stage, it will be ensured that future buildings will be located in a safe manner on the lot despite the reduced setback. b) Are the suggested building envelopes large enough to accommodate a septic system and dwelling unit. The lot size and building envelope were reviewed during the consent process. The building department did not raise any concerns regarding locating a septic system on the lot. Generally, it is accepted that a dwelling and septic system can be accommodated on a 0.2ha (0.5ac) lot area, which is the Residential One (R1) Zone minimum zone requirements for lot area. Development Services Meeting Date August 10, 2009 Report No. DS 2010 -042 Page 2 of 9 Page 51 of 285 9f) - Report No. DS 2010 -042, Andria Leigh, Director of Developmen... c) Request for an Archeological Study. The applicant's consultant prepared a Stage 1 -2 Archaeological Assessment which was reviewed and approved by the Ministry of Culture. The report concluded that there were no archaeological sites found on the property. Staff is satisfied with the comments received from MOC and feel that this issue has been addressed through the approved assessment completed by AMICK Consultants Limited. d) Residents raised concerns regarding tree preservation. Planning Staff and the applicant have recommended that a Holding Provision requiring Site Plan Control be placed on the lot. Through the Site Plan Control process Township Staff have reviewed the proposal for the building envelope to ensure that trees are retained on the lot. Ultimately, the Site Plan Agreement will require approval by Council and an Agreement to be registered on title identifying areas of tree preservation on each lot. Staff have proposed through the Site Plan Agreement that a maximum of 50% tree removal permitted in established building envelope. This will include no trees being removed outside of the immediate area surrounding the proposed dwelling, septic system, amenity space and driveway. e) Council asked Staff to research the covenants of Sugarbush to determine if there were restrictions on future homes. The municipality does not record or track covenants for developments registered by the developer or building, as these are not enforceable by the Municipality. The applicant confirmed at the meeting that, to their knowledge, there were no covenants restricting future residential development. Staff was unable to obtain further information in this regard. Also, as indicated in the Planning Staff report associated with the consent applications, the lands are designated residential thereby permitting the lots which were created. f) Adequate water supply. During the consent and rezoning processes the Engineering Department was circulated. No concerns were raised with regard to the ability of the water system to handle the additional lots. FINANCIAL: Not applicable. Development Services Report No. DS 2010 -042 Meeting Date August 10, 2009 Page 3 of 9 Page 52 of 285 9f) - Report No. DS 2010 -042, Andria Leigh, Director of Developmen... POLICIES /LEGISLATION: This section will review the relevant planning documents and determine if residential uses are appropriate on the subject lands. Township of Oro - Medonte Official Plan The subject lands are located within the Sugarbush settlement and are designated "Residential". Sections A4.2.3 and 014.2.2 of the Official Plan address the Sugarbush settlement area. Section A4.2.3 speaks to the settlement area strategy for Sugarbush. This policy states that some growth on municipally owned water system and private septic systems can occur and that specifically the Sugarbush settlement area is primarily a residential community. Single detached dwellings, home occupations, private recreation facilities, Bed and Breakfast establishments and open space uses are permitted in the "Residential' designation (C14.2.2). This policy also states that new development in this area should be serviced by municipal communal water systems and private septic systems; therefore further residential development was contemplated for this settlement area. It is therefore the opinion of the Planning Department that the proposed rezoning conform to the Official Plan. Zoning By -law 97 -95 The land is currently zoned Private Recreation Exception 114 (PR"114), which permits a recreation center. This exception also set outs a definition of the permitted uses as accessory to the recreation center and the provision for the use. A dwelling unit occupied by a caretaker employed by the owners of lots within the subdivision is permitted. The applicant is proposing to rezone the lands to Residential One (R1) with exceptions. The applicant also requires an exception zone Residential One Hold Exception (R1 (H)) Zone. This exception would impose the same setbacks as the R1 *113 for a single detached dwelling with an additional exception from the provision for setback from a steep slope. Section 5.32 of the Zoning By -law requires that all buildings and structures are setback 23m (75.4ft) from a steep slope. A steep slope is defined as having an incline greater than 3:1 or 33 %. The applicant has had a surveyor verify the location of any slopes on the proposed lots. The proposed lot would have a slope that is greater than 3:1 which starts approximately midway through the property and climbs towards the rear lot line. In order to accommodate an appropriately sized building envelope, the applicant is requesting an 8m (26.2ft) setback from the steep slope. They have justified this request based on a review of the surrounding residences, wherein they are located closer and in some cases on the slopes within this subdivision. Development Services Meeting Date August 10, 2009 Report No. DS 2010 -042 Page 4 of 9 Page 53 of 285 9f) - Report No. DS 2010 -042, Andria Leigh, Director of Developmen... The Residential One Zone requires a minimum lot area of 0.2 hectares and a minimum lot frontage of 30m. The subject lot has an area of 0.2 and 68.0 metres of lot frontage. Therefore, they meet the minimum standards for the requested exception zones. In order to adequately address the concerns raised during the public meeting, Township staff are requesting that a Holding Provision be placed on the lands. The proposed Holding Provision would not be removed until a Site Plan Agreement had been entered into addressing tree retention, and building location before the issuance of a Zoning Certificate. On this basis the proposed rezoning for the Rural Residential Two Exception zone appears to meet the provisions within the Zoning By -law. County Official Plan In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The current County Plan identifies Sugarbush as a settlement area. As per Section 4.1 of the Plan residential uses are permitted in settlement areas and they are to be the focus of growth and development. The County Plan contains General Development Policies and Guidelines which are found in Section 4.3. These policies are focused more on the design and layout of proposed developments. The policies which are applicable in this situation require that proposed developments consider the minimization of removal of natural vegetation, and the scale and pattern of development being compatible with the character of the existing area. The proposed lots are similar in size and scale to the surrounding residential lots. Also with the imposition of a Holding Provision requiring Site Plan Control in the interest of tree preservation the Township has implemented steps to minimize the removal of natural vegetation. The adopted County Plan continues to include the General Development Policies described above. The adopted Land Use schedule identifies Sugarbush as an "urban area ". In this categorization the Plan states that the local level policies apply. Therefore as it has been determined that the proposal conforms with the local Official Plan, it conforms with the adopted County Plan. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS has been reviewed in terms of this proposal; the following policies are pertinent to the application. Policy 1.1.3.1 "Settlement Areas" states that they should be the focus of growth with appropriate services. The proposed lot will be serviced by municipal water and private individual septic systems. These lots are considered development in a settlement area Development Services Meeting Date August 10, 2009 Report No. DS 2010 -042 Page 5 of 9 Page 54 of 285 9f) - Report No. DS 2010 -042, Andria Leigh, Director of Developmen... on appropriate services. Policy 1.1.3.3 requires planning authorities to identify and promote opportunities for intensification where it can be accommodated. As discussed in the Township Official Plan section of this report the Township has identified Sugarbush as a location for additional limited development as it has municipal water and septic systems can be accommodated. The proposed Amendment to the Zoning By -law is considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow Growth Plan for the Greater Golden Horseshoe policies that have been in place since 2006. The Growth Plan calls for creating complete communities with a mix of residential, recreation and commercial uses within settlement areas. Policy 2.2.9 "Rural Areas" of the Growth Plan, directs growth and development to settlement areas, such as the Sugarbush subdivision. Specifically subsection 2.2.9.3 states that new residential units to areas with approved designation or zoning. As this parcel is already designated for residential uses it conforms to the policies of the Growth Plan. CONSULTATIONS: County of Simcoe- No Comment Simcoe County District School Board- No Objection Internal Departments — No Concerns Ministry of Culture- Comments Attached Ministry of Natural Resources- Comments Attached ATTACHMENTS: Schedule 1: Location Map Schedule 2: Applicant's Proposed Building Envelope Lot 2 Development Services Meeting Date August 10, 2009 Report No. DS 2010 -042 Page 6 of 9 Page 55 of 285 9f) - Report No. DS 2010 -042, Andria Leigh, Director of Developmen... CONCLUSION: The Zoning Amendment application proposes to rezone the subject lands from Private Recreation to Residential One 200 Hold (R1 "200 (H)) Zone. The proposed Zoning By- law Amendment conforms to the provincial plans, the County Official Plan, and the Townships Official Plan. On this basis, it is recommended that Zoning By -law Amendment Application 2009- ZBA -18 be approved and adopted by Council. The amending Zoning By -law Amendment, which contains an exception to reduce the setback to steep slopes, and imposes a Holding Provision for the completion of the Site Plan Control Agreement are attached for the Council's reference. Respectfully submitted: Steven Farquharson, B.URPL Intermediate Planner Reviewed by: F°P- Glenn White, MCIP RPP Manager of Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Report No. DS 2010 -042 Meeting Date August 10, 2009 Page 7 of 9 Page 56 of 285 9f) - Report No. DS 2010 -042, Andria Leigh, Director of Developmen... SCHEDULE 1: LOCATION MAP 2009- ZBA -18 (Indian Park Association) d er t; 0 3 : z 0 CHERRYTRA1L SUBJECT LANDS 5#0 20 30 Qo Meters Development Services Meeting Date August 10, 2009 Report No. DS 2010 -042 Page 8 of 9 Page 57 of 285 9f) - Report No. DS 2010 -042, Andria Leigh, Director of Developmen... SCHEDULE 2: PROPOSED BUILDING ENVELOPE Lot 2 2009- ZBA -18 (Indian Park Association) Development Services Meeting Date August 10, 2009 Report No. DS 2010 -042 Page 9 of 9 Page 58 of 285 `_ - \, N. -•.,� � x� t3 XIS i `. l �� � �'' *. c a �. r �_ \ , ' t \ 1 1: � � l L' \. r� \ F � Efi ''� fix. ` t�.• \ '.,9. F V D71 �c "T 1 0 WANc r � #L F17 TGIe d P . i � 1 i 1 CA r fi �. ill( JIG Development Services Meeting Date August 10, 2009 Report No. DS 2010 -042 Page 9 of 9 Page 58 of 285 9g) - Report No. DS 2010 -043, Glenn White, Manager of Planning, re... Q�Yr- ��,L7cu/rrr�e, pwad [ledag" F• Cifaw Frt.rc TOWNSHIP OF ORO- MEDONTE REPORT Report No. To: Council Prepared By: DS 2010 -043 Steven Farquharson, Intermediate Planner Meeting Date: August 10, 2010 Subject: Zoning By -law Amendment 2009 - ZBA -13 Motion # Barry Leigh PT W' /2 LT 24 CON 7 ORO; PT Roll #: R.M.S. File #: 4346 -010- 009 -0010 LT 25 CON 7 ORO AS IN D14 39589 R0662159, EXCEPT PT 1 51 R6080; ORO- MEDONTE & EXCEPT PART 1, 51 837419 SAVE AND EXCEPT PARTS 1 & 2, 51 R -37365 Ridge Road West ( Formerly Oro Townshi RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report DS 2010 -043 be received and adopted; 2. THAT Zoning By -law Amendment Application 2009 -ZBA -13 for Township of Oro - Medonte, being on Schedule `A4' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located in PT W '/2 LT 24 CON 7 ORO; PT LT 25 CON 7 ORO AS IN R0662159, EXCEPT PT 1, 51116080; ORO- MEDONTE & EXCEPT PART 1, 51 R37419, SAVE AND EXCEPT PARTS 1 & 2 51 R- 37365, Ridge Road West, in the former geographic Township of Medonte, now in the Township of Oro - Medonte, from Agricultural /Rural (A/RU) Zone to Agricultural /Rural Exception 201 (A/RU *201) Zone as shown on Schedule `A' attached hereto and forming part of this By -law. 3. THAT the Clerk bring forward the appropriate By -law for Council's consideration. BACKGROUND: The purpose of this report is to consider a proposed Zoning By -law Amendment Application submitted by Barry Leigh. This rezoning application has been submitted to fulfill a condition of approval for Consent Application 2009 -B -12, which was granted by the Committee of Adjustment on June 18, 2009. The applicant is proposing to grow and sell organic market garden produce for the local community. The applicants' lands are Development Services Meeting Date August 10, 2010 Report No. DS 2010 -043 Page 1 of 6 Page 59 of 285 9g) - Report No. DS 2010 -043, Glenn White, Manager of Planning, re... located at Part of West Half of Lot 24 and Part of Lot 25, on the north side of Ridge Road West. ANALYSIS: As part of the Committee of Adjustment Provisional Consent approval, the applicant was required to apply for and obtain a rezoning for the newly created lot by way of consent. The subject lands are currently zoned Agricultural/Rural (A/RU) Zone which permits a specialized agricultural use; however, the Official Plan requires that the proposed use be subject to an amendment to the Zoning By -law to place a site specific zone on the property to prohibit the development of residential uses. A public meeting was held on September 9 2009 to receive comments from members of the public and relevant agencies. Some comments from the public expressed concerns that the applicant was going to place a dwelling on the lot and not use it for agricultural purposes. The applicant addressed these concerns stating that they had no intention to place a dwelling on these lands and that they will be used for the specialized agricultural business. The County of Simcoe provided comments pertaining to the road widening of County Road 20 (Ridge Road). The applicant has since satisfied these conditions of the County and has obtained their approval for the proposed rezoning. FINANCIAL: Not applicab POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan: The subject lands are presently designated "Agricultural' by Schedule "A" of the Official Plan. Permitted uses within the Agricultural designation include single detached dwellings, bed and breakfast establishments, home occupations, greenhouses and agricultural related commercial uses. The objectives of the Agricultural designation are to maintain and preserve the agricultural resource base of the Township and to promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. The rezoning applies to a parcel that was created by way of consent by the Committee of Adjustment. The Official Plan provides that the new lot be placed in a site - specific zone by the implementing Zoning By -law that would prohibit the development of residential uses. The applicant is proposing a market garden agricultural use. The applicant through the consent approval, included with their submission a business plan and Agricultural Impact Assessment (AIA) report prepared by Azimuth Environmental Consulting Inc. as required by the policies contained in the Official Plan. It is the intent of the Official Plan to encourage the expansion, consolidation and development of new agricultural uses since the agricultural sector greatly contributes to the economy in the municipality. The Official Plan defines a specialized agricultural as: Development Services Meeting Date August 10, 2010 Report No. DS 2010 -043 Page 2 of 6 Page 60 of 285 9g) - Report No. DS 2010 -043, Glenn White, Manager of Planning, re... "Means lands where a specialty crop such as tender fruits (peaches, cherries, plum) grapes, other fruit crops, ginseng, vegetable crops, greenhouse crops and crops from agricultural developed organic soil lands are predominantly grown, usually resulting from: • Soils that have suitability specialty crops or lands that are subject to special climatic conditions, or a combination of both and /or • A combination of farmers skilled in the production of specialty crops, and of capital investment in related produce, store or process specialty crops A specialized agricultural use may also consist of a market garden where the products grown on the site are sold. For the purpose of this definition, a specialized agricultural use does not include a fur farm" The Official Plan state: "it is recognized that specialized agricultural uses generally do not require more than 10 hectares of land to be economically viable." The proposed lot is approximately 5.2 hectares. The submitted Agricultural Impact Assessment (AIA) Report concluded that the subject lands contain sandy loam soil, which is classified as Class 1 by the Canada Land Inventory. This soil type has good fertility and drainage, which is well suited for the specialty agricultural such as a market garden crops. The study as showed that the specialized agricultural use will not have any adverse impact on the remnant farm parcel or the continued lands for agriculture in the long term. There are a number of criterions contained in the Official Plan when considering a lot creation for a specialized agricultural use. The submitted Agricultural Impact Assessment report and farm/business plan have addressed these criterion. Surrounding land uses include both residential and agricultural uses and therefore the proposed rezoning would maintain the character of the surrounding area. This zoning application to prohibit a residential use on the subject lands which constitutes conformity to the Agricultural policies of the Official Plan and is consistent with surrounding land uses. Zoning By -law 97 -95: The subject lands are zoned Agricultural/Rural (A/RU) Zone, with the intended use to operate a specialized agricultural use. This application proposes to zone the property Agricultural /Rural Exception 201 (A/RU`201) zone; an exception is also required in order to prohibit the development of the lands for residential uses. The minimum standards for a specialized subject land is zoned Agricultural /Rural Zone (A/RU) in Zoning By -law 97 -95, the minimum requirements for a specialized agricultural use is 4.0 hectares. The subject lands will comply with the minimum lot frontage and minimum lot area of the A/RU Zone as required by the Comprehensive Zoning By -law 97 -95. County Official Plan In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Development Services Meeting Date August 10, 2010 Report No. DS 2010 -043 Page 3 of 6 Page 61 of 285 9g) - Report No. DS 2010 -043, Glenn White, Manager of Planning, re... Council in November 2008. The County Plan also contains General Development Policies and Guidelines which are found in Section 3.6.6. These policies have criteria which must be met for a specialized agricultural use. The proposed zoning application would permit the land for a specialized agricultural use which is consistent with the policies of the County Plan. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 2.3.4 states: "Lot creations in prime agricultural areas is discouraged and may only be permitted for agricultural uses, provided that the lots are of size appropriate for the type of agricultural uses(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations." The proposed specialized agricultural use would be in keeping with the intent of the Provincial Policy Statement. The creation of the new lot for an agricultural use conforms to the Township Official Plan and Zoning By -law in terms of the minimum lot area requirement for a specialized agricultural use and provides for flexibility in the type of specialty crop that may be grown on the subject lands. The proposed Amendment to the Zoning By -law for a specialized agricultural use is considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 — Development outside of settlement areas maybe permitted in rural areas in accordance with Policy 2.2.2.1(i). This policy states that directing development to settlement area, except where necessary for development related to the management of use of resources, resources- based recreational activities, and rural land uses that cannot be located within settlement areas. Due to the size and operation of the specialized agricultural use it cannot be located with the settlement area. Based on the above, the application to amend the Zoning By -law would generally conform with the Place to Grow legislation. CONSULTATIONS: County of Simcoe- No Objection Lake Simcoe Region Conservation Authority- Development Services Meeting Date August 10, 2010 Report No. DS 2010 -043 Page 4 of 6 Page 62 of 285 9g) - Report No. DS 2010 -043, Glenn White, Manager of Planning, re... ATTACHMENTS: Attachment 1: Location Map CONCLUSION: The Zoning By -law Amendment application proposes to rezone the lands to allow for a specialized agricultural use. The exception is intended to prohibit the subject lands from being used for residential purposes. The proposed Zoning By -law Amendment conforms to the general intent of the provincial plan and the Township and County Official Plans and the provisions of the Zoning By -law. On this basis, it is recommended that Zoning By -law Amendment Application 2009- ZBA -13 be approved and adopted by Council. The Zoning By -law Amendment is attached for the Council's reference. Respectfully submitted: Steven Farquharson, B.URPL Intermediate Planner Glenn White, MCIP, RPP Manager of Planning SMT Approval / Comments: Development Services Meeting Date August 10, 2010 Report No. DS 2010 -043 Page 5 of 6 Page 63 of 285 9g) - Report No. DS 2010 -043, Glenn White, Manager of Planning, re... ATTACHMENT 1: LOCATION MAP 2009- ZBA -13 (Leigh) m w rf r z r iu z J i ® PROF OSED LANDS TO BE REZONED L 7 Q 4590 180 27Q 36Q Meters Development Services Meeting Date August 10, 2010 Report No. DS 2010 -043 Page 6 of 6 Page 64 of 285 9h) - Report No. DS 2010 -045, Andria Leigh, Director of Devetopmen... REPORT ro h`p f Proud Heritage, Exciting Future Report No. To: Council Prepared By: DS 2010 -045 Andria Leigh, Director Development Services Meeting Date: Subject: Site Plan Agreement Motion # August 10, 2010 and Removal of Hold 2010- SPA -17 to 2010 - SPA -21 Roll #: 4346- 010 -003 -14800 (Indian Park Association) Part of Lot 1, Concession 4 & R.M.S. File #: and 4346 -010 -003- 5 and Part of the Original Road D11 40698 -40702 14702 Allowance Between Concessions 4 & 5(As Closed by by -law 1169) Former Township of Oro RECOMMENDATION(S): Requires Action N For Information Only It is recommended: 1. THAT Report No. DS 2010 -045 be received and adopted. 2. THAT the Township of Oro - Medonte enters into Site Plan Agreements with Indian Park Association in order to satisfy the condition to remove the Holding provision. 3. THAT the Clerk prepares a By -law for Council's consideration to enter into Site Plan Agreements with Indian Park Association. 4. THAT the Clerk prepare a By -law for Council's consideration to remove the Holding Symbol from the subject lands; and 5. THAT the owner be notified of Council's decision. BACKGROUND: The applicant has applied for site plan approval for 5 lots, referenced as Lots 2, 3, 4, 5, and 13, and shown on Schedule 1 (attached) which are located within the Sugarbush settlement area. The applicant is proposing to have site plan agreements registered on title in order to establish building envelopes for the construction of new dwellings in the future. Lot 2 is the subject of a separate report DS2010 -042 for 2009- ZBA -18 also being considered at the August 10, 2010 Council meeting which proposes to re -zone the property to a Residential One Exception 200 Hold (R1 *200(H)) Zone. Lots 3, 4, 5, and 13 were the subject of previous zoning by -law amendments (By -laws 2009 -182 and 2009 -183) and are zoned Residential One Exception 113 Hold (R1 *187H)) Zone and Residential One Exception 194 Hold (R1 *194(H)) Zone. The Holding provision was required to ensure the landowner entered into the appropriate site plan agreements identifying the building envelopes and the preservation of trees outside of those identified envelopes. As such, the owner must enter into a Site Plan Agreement prior to the removal of the Holding Provision. DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010 -045 Page 1 of 9 Page 65 of 285 9h) - Report No. DS 2010 -045, Andria Leigh, Director of Developmen... ANALYSIS: The subject lands are designated "Residential" by the Township's Official Plan. The subject lands are located within the Sugarbush settlement area on Huronwoods Drive and Algonquin Trail (See Location Map — Schedule 1 attached). As noted above, Lot 2 is the subject of a separate zoning by -law amendment report to be considered by Council at the August 10 meeting. The balance of the lands are zoned Residential One Exception 113 Hold (R1 *113(H)) Zone and Residential One Exception 194 Hold (R1 *194(H)) Zone. As part of the Zoning By -law Amendment applications the properties were subject to the placement of a Holding provision, in order to maximize the tree retention on the lands. Each of the lots will have tree retention of 50% within the viable building envelope as identified on the site plans attached to this report. The Zoning Exception also provided for an 8.0 metre (26.2 feet) setback from the 3:1 slope consistent with surrounding built structures. The Site Plan Agreement contains wording where the owner acknowledges that the lot will be subject to the 50% tree retention within the established building envelope, which includes the location of the dwelling, amenity space, septic location and driveway location. At this current time, the applicant is not proposing a dwelling location, but would like to establish a general area in which a dwelling could be located on each of the lots. With the execution of the Site Plan Agreement, the Holding (H) provision of the Zoning By -law can be removed. When a future landowner wishes to construct a dwelling on the subject lands, they are required to build within the established building envelope to ensure the 50% tree retention is maintained and that the dwelling maintains the required setback to the 3:1 slope. A Site Plan Technical meeting with the applicant and Township departments was held on July 28, 2010 as which time no concerns were raised which required further site plan revisions. The site plan agreements have been drafted and signed by the applicant. FINANCIAL: N /A. POLICIES/LEGISLATION: Township of Oro - Medonte Official Plan and Zoning By -law 97 -95 The Planning Act, Section 36 and 41 CONSULTATIONS: Site Plan Meeting - During the Site Plan circulation no concerns were raised by Township staff. ATTACHMENTS: Schedule 1: Location Map Schedule 2: Lot 2 Schedule 3: Lot 3 Schedule 4: Lot 4 Schedule 5: Lot 5 Schedule 6: Lot 13 DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010 -045 Page 2 of 9 Page 66 of 285 9h) - Report No. DS 2010 -045, Andria Leigh, Director of Developmen... CONCLUSION: The purpose of this application is to register site plan agreements for Lots 2, 3, 4, 5, and 13 in order to establish a building envelope with a minimum 50% tree retention at the time of construction of a single detached dwelling on each of the five lots. It is recommended that Site Plan Applications 2010 - SPA -17 to 2010 - SPA -21 and the Removal of the Holding Provision applying to the subject lands be approved. Respectfully submitted: Andria Leigh, MCI , RPP Director, Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010 -045 Page 3 of 9 Page 67 of 285 9h) - Report No. DS 2010 -045, Andria Leigh, Director of Developmen... SCHEDULE 1: LOCATION MAP 2010- SPA -17 to 2010- SPA -21 (Indian Park Association) TT 0 w 0 a 0 3 Z 0 x w r` PROPOSED LOTS Meters 0 125 250 DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010 -045 Page 4 of 9 Page 68 of 285 9h) - Report No. DS 2010 -045, Andria Leigh, Director of Developmen... Schedule 2: Lot 2 I � '1J rY` `'' k; i q i F1i2i'fiINRC .TiC3_A i A L rz WA t4 f8.' IiT:7`c�'n (f ,A-MV •r, ' allo FFtilif�'L DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010 -045 Page 5 of 9 Page 69 of 285 9h) - Report No. DS 2010 -045, Andria Leigh, Director of Developmen... Schedule 3: Lot 3 4' ti � r r :7 u 1 a +-d r � �zk a � 11 15 d — :fi 3 G DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010 -045 Page 6 of 9 Page 70 of 285 4 � � r r :7 u 1 a +-d r � �zk a � 11 15 d — :fi 3 G DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010 -045 Page 6 of 9 Page 70 of 285 v c,. N \_ S €ur � r r :7 u 1 a +-d r � �zk a � 11 15 d — :fi 3 G DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010 -045 Page 6 of 9 Page 70 of 285 9h) - Report No. DS 2010 -045, Andria Leigh, Director of Developmen... Schedule 4: Lot 4 a Y DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010 -045 Page 7 of 9 Page 71 of 285 9h) - Report No. DS 2010-045, Andria Leigh, Director of Developmen Schedule 5: Lot 5 r. j- ik X, WW A. Al 5p, Z 8H r . I r J i P 1 ii G I F 1 f f i JIG. DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010-045 Page 8 of 9 Page 72 of 285 9h) - Report No. DS 2010 -045, Andria Leigh, Director of Developmen... Schedule 6: Lot 13 5-1 * r I . E W • � ' ' 73 ti i ? r i y 9 f. Kv3 n r 3e C a ry x F. Z; 4 v - v r,• naaI F.FfirF a � ILF 1�3 i DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010 -045 Page 9 of 9 FY.. W i j ? r y tP \ 1 1 i f { a . Page 73 of 285 4 naaI F.FfirF a � ILF 1�3 i DEVELOPMENT SERVICES Meeting Date August 10, 2010 Report No. DS 2010 -045 Page 9 of 9 FY.. W i j ? r y tP \ 1 1 i f { a . Page 73 of 285 9i) - Report No. TES 2010 -13, Jerry Ball, Director of Transportati... Tow�aship o f� REPORT D� Proud Heritage, Exciting Future Report No. TES2010 -13 To: COUNCIL Prepared By: L. McNiven Meeting Date: August 10, 2010 Subject: Buffalo Springs Development — Street Name Signs Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action X For Information Only It is recommended that: 1. THAT Report No. TES2010 -13 be received and adopted. 2. THAT the use of decorative street name blades and posts in the Buffalo Springs Development be permitted. 3. THAT the Developer be required to provide to the Township, a one -time cash contribution of 10% of the capital cost of the signs and posts towards future maintenance and replacement of the signs, in addition to the two year maintenance requirements under the Subdivision Agreement. 4. AND THAT the use of decorative streetscape elements, such as street name signs, streetlights and entrance features, be reviewed and included in the Engineering Standards update scheduled for the fourth quarter of 2010. (BACKGROUND: The Developer of Buffalo Springs, Gargano Development Corp., has requested relief from the street name sign design requirements. The Township's Engineering Standards require that new developments install standard green retro - reflective street name signs with white lettering on a u- channel post (see Drawing No. OM -R5 attached). The Developer has written a formal letter requesting relief from the Township's Engineering Standards in order that they may upgrade to the decorative street name signs to better reflect the proposed architectural theme of their development. Attached is the letter from the Developer, which includes a sketch of the proposed street name sign blade. The Buffalo Springs Development has approved Engineering drawings for Phase 1 of its development and is currently in the process of submitting Engineering drawings for Phase 2 of the development. Transportation and Environmental Services August 10, 2010 Report No. TES2010 -13 Page 1 of 3 Page 74 of 285 9i) - Report No. TES 2010 -13, Jerry Ball, Director of Transportati... The Developer is planning on starting construction under a Pre - Servicing Agreement for Phase 1 of the subdivision in the fall of 2010. Township staff are in the process of updating the Township's Engineering Standards, which were last updated in 1997. ANALYSIS: The cost of the decorative street name signs and posts is more than double the cost of the existing standard street name signs. The decorative street name signs allow for a community to distinguish itself from the surrounding areas. Maintenance will require increased administration due to the addition of a second type of sign blade and post to be ordered and stocked. Research provided two options in use by other municipalities for offsetting maintenance and purchasing costs of decorative street name signs: • Requires the subdivision Developer to make a cash contribution to the future maintenance and replacement costs equal to 10% of the capital costs of the total decorative street signs /posts, in addition to the two year maintenance requirements that are part of the Subdivision Agreement. • Allows for existing neighbourhood groups /associations to purchase decorative street name signs for their neighbourhood with approval from the Township. The Township is to install the signs as time permits. FINANCIAL: The cost for the decorative street name sign, including black post and brackets, is $177.20 plus freight and taxes. The cost of the current standard street name sign, including u- channel post and brackets, is $73.54 plus freight and taxes. POLICIES /LEGISLATION: Township of Oro- Medonte Engineering Standards CONSULTATIONS: Maximum Signs Ivano Manias, M.A.M. Group Inc. Transportation and Environmental Services August 10, 2010 Report No. TES2010 -13 Page 2 of 3 Page 75 of 285 9i) - Report No. TES 2010 -13, Jerry Ball, Director of Transportati... Al Lees, AECOM — Township Engineers ATTACHMENTS: Correspondence from M.A.M. Group Inc. (Developer's Consultant) dated July 15, 2010. Township of Oro - Medonte Street Name Sign Standard (Drawing No. OM -R5) LINKAGE TO COUNCIL STRATEGIC PRIORITIES: The recommendations included in this Staff Report support the following of Council's Strategic Priorities: tA Service Excellence — Promotion of a welcoming, courteous and professional culture of service excellence. ® Sustainability — Oro - Medonte strives to build a sustainable community — with regard for future generations. ® Quality of Life — Oro - Medonte strives natural beauty, planned development, preservation of our rural and recreational character contributes to an enriched quality of life. CONCLUSION: Staff recommends that the use of decorative street name signs be allowed in the Buffalo Springs Development, with the Developer to provide an additional 10% cash contribution for the total value of the signs and posts. The Developer will be required to work with Engineering staff to finalize the font type and colour to comply with applicable legislative requirements and Township branding. Staff will review and finalize the decorative street name sign design and review other decorative streetscape elements for inclusion in the updated Township Engineering Standards, scheduled to be completed by the end of the fourth quarter of 2010. Respectfully submitted: Lisa McNiven, B.Sc., C.E.T. Manager of Engineering and Environmental Services SMT Approval / Comments: Transportation and Environmental Services August 10, 2010 Report No. TES2010 -13 Page 3 of 3 Page 76 of 285 9i) - Report No. TES 2010 -13, Jerry Ball, Director of Transportati... (DOTE: FOR CUL —DE —SACS. A "NO ExirSIGN SHALL 9E PLACED ON THE OPPOSITE SIDE OF THE ROAD AS THE REGULATORY SIGN POST. )MTH 2.Om OFFSET FORM EDGE OF PAVEMENT. I LLQ� ALL REGULATORY SIGNS ARE TO CONFORM WITH THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES. ALL SIGNS ARE TO U71UZE HIGH t INTENSITY RETRO- REFLECTIVE MATERIAL. TRAFFIC LANE " N I 2 -4m u? I W r, 25mm TOWNSHIP OF ORO- MEDONTE i 30mm E 20mm 100mm N TYPICAL STREE 25mm I LENGTH VARIES J THE STREET NAME SIGN SHALL SE PAINTED GREEN WITH WHITE RETRO— REFLECTIVE LETTERING. TOWNSHIP OF ORO- MEDONTE REGULATORY SIGNS AND STREET NAME SIGNS DESIGN: A.M.L. DATE JUNE 47 DWG. No.: C DRAWN: D.R.C. SCALE: OM —RS CHECKED: - ,. N.T.S. Page 77 of 285 .EGUUTORY SIGN W STOP SIGN �R°�'' T 0.30m STREET NAME f SIGN T P/L a/� TRAFFIC LANE N 2 - '4m 0.30m MAJOR EDGE of STREET — — — — — — — — ASPHAIT P P U 2.00m REGULATORY SIGN STREET NAME (Y1ELD OR STOP SIGN) SIGN O Z WARNING SIGN (WO-30 (DOTE: FOR CUL —DE —SACS. A "NO ExirSIGN SHALL 9E PLACED ON THE OPPOSITE SIDE OF THE ROAD AS THE REGULATORY SIGN POST. )MTH 2.Om OFFSET FORM EDGE OF PAVEMENT. I LLQ� ALL REGULATORY SIGNS ARE TO CONFORM WITH THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES. ALL SIGNS ARE TO U71UZE HIGH t INTENSITY RETRO- REFLECTIVE MATERIAL. TRAFFIC LANE " N I 2 -4m u? I W r, 25mm TOWNSHIP OF ORO- MEDONTE i 30mm E 20mm 100mm N TYPICAL STREE 25mm I LENGTH VARIES J THE STREET NAME SIGN SHALL SE PAINTED GREEN WITH WHITE RETRO— REFLECTIVE LETTERING. TOWNSHIP OF ORO- MEDONTE REGULATORY SIGNS AND STREET NAME SIGNS DESIGN: A.M.L. DATE JUNE 47 DWG. No.: C DRAWN: D.R.C. SCALE: OM —RS CHECKED: - ,. N.T.S. Page 77 of 285 9i) - Report No. TES 2010 -13, Jerry Ball, Director of Transportati... July 15, 2010 SM.A.Me Group Inc. Via Email and Regular Mail Township of Oro - Medonte 148 Line 7 South Box 100 Oro, Ontario LOI 2X0 Attention: Ms. Lisa McNiven C.E.T. Manager of Engineering and Environmental Services Dear Ms. McNiven; I t 7 2010 Re: Buffalo Springs Plan of Subdivision 43T -91031 "Decorative Street Sign Blades" — Gargano Development Corp Thank you for your email of July 14, 2010, which was in response to my request contained in my email of July 2, 2010. We are considering to use " Decorative Street Sign Blades" (see attachment) for our development which shall reflect the proposed architectural theme contained within our "Privately Administered Architectural Design Guidelines ". We understand that this proposed street blade is outside the approved engineering standards of the Township and that our request shall require Council approval. We would very much appreciate your consideration of our request, and process this matter to the next available Council meeting. I will be pleased to provide any additional information should the need arise, and will attend when Council is considering this matter. Please advise me when this matter will be scheduled for the Council meeting. Yours truly, GARGANO DEVELOPMENT CORP. by its Development Manager, Trinison Management Corp. Nano Manias, MCIP RPP Development Director, GTA Central IM/mt EncL St3I'INaTl@ TRINISOn TRINIStaT HOME CORPORATION MANAOCMFNI CORP. (ORPONAIION Tel: 416.736.8854 Tel: 416.798.1127 Tel: 416.798.2420 Fax: 905.660.7650 Fax: 416.798.2159 Fa x: 90 5.65 3.40 74 Page 78 of 285 9i) - Report No. TES 2010 -13, Jerry Ball, Director of Transportati... I Coon C Page 79 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... Township of REPORT Proud Heritage, Exciting Future Report No. TES2010 -14 To: COUNCIL Prepared By: Jerry Ball Meeting Date: August 10, 2010 Subject: Access to McCowan Property — 2243 Ridge Road West Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action Z For Information Only It is recommended that: 1. THAT Report No. TES2010 -14 be received and adopted. 2. THAT a new draft plan of survey be completed and registered to recognize the land required for the walking trail within the unopened section of Bay Street. 3. THAT Mr. McCowan be granted an easement over the unopened section of Bay Street to construct a driveway for access to his property and Mr. McCowan be responsible for the required work and materials. 4. THAT the Couchiching Conservancy and Mr. McGowan be responsible for all associated costs. 5. AND THAT the Director of Transportation and Environmental Services notify both parties of Council's decision. BACKGROUND: The McCowan property, located at 2243 Ridge Road West, Lots 1 and 2, Range 2, has utilized a neighbouring laneway by agreement for ingress and egress. Recently, this agreement has been terminated and the access physically blocked by the landowner. Mr. McGowan has now requested to formalize an access to his property by upgrading the unopened portion of Bay Street, identified as Part 5 on the draft plan of survey. In 2007, Mr. McGowan submitted a severance application to the Committee of Adjustment to create two lots from his property. The application was provisionally approved, providing the applicant constructs a municipal road up to Municipal Standards for the severed and retained lands to the satisfaction of Transportation Services. A draft plan of survey, as well as a draft engineered plan to address the road construction and drainage, was completed for this entire road section. Transportation and Environmental Services August 10, 2010 Report No. TES2010 -14 Page 1 of 6 Page 80 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... This road was to be constructed within Parts 1, 3, 4 and 6 of the draft plan of survey, which would require the removal of over 100 mature hardwood trees. Once this road was constructed, the municipality would assume and be responsible for all maintenance. The Couchiching Conservancy also requested that Council consider conveying a portion of this road allowance to the conservancy for the purpose of creating a walking trail. Mr. McCowan has since withdrawn his severance application, which removes the condition to build a road to Municipal Standards. ANALYSIS: Since the termination of the above -noted agreement, there are three options available to resolve the issue of access and property for a walking trail: 1. Mr. McCowan be requested to build a new driveway on Parts 1, 6 and 3 of the draft plan of survey for access to his property. This would require the removal of numerous mature hardwood trees for the construction of the driveway and provide drainage works. Parts 2, 4 and 5 could be conveyed to the Couchiching Conservancy for the purpose of a walking trail. 2. Convey Parts 1 through 6 of the draft plan of survey to the Couchiching Conservancy. Grant an easement to Mr. McCowan over Part 5 of the draft plan of survey for the construction and maintenance of a driveway access to his property. 3. Convey Parts 1, 2, 3, 4 and 6 of the draft plan of survey to the Conservancy. Convey ten (10) feet from the post and wire fence of Part 5 to the Conservancy for the purpose of a walking trail and all maintenance. Grant an easement to Mr. McCowan to allow for the construction and maintenance of a driveway for his property. Both the Conservancy and Mr. McCowan would be responsible for all required maintenance of their respective parcels. FINANCIAL: NIA POLICIES /LEGISLATION: Municipal Act Planning Act Transportation and Environmental Services August 10, 2010 Report No. TES2010 -14 Page 2 of 6 Page 81 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... LINKAGE TO COUNCIL STRATEGIC PRIORITIES: The recommendations included in this Staff Report support the following of Council's Strategic Priorities: ® Sustainability — Oro - Medonte strives to build a sustainable community — with regard for future generations. ® Quality of Life — Oro - Medonte strives natural beauty, planned development; preservation of our rural and recreational character contributes to an enriched quality of life. CONSULTATIONS: Glenn White — Manager of Planning Services Doug Irwin — Director of Corporate Services ATTACHMENTS: Letter from Mr. Ron McCowan r Transportation and Environmental Services August 10, 2010 Report No. TES2010 -14 Page 3 of C Page 82 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... ruw sue - uomar.- .�..� c M 5 ¢ S :. 0 0 0 • � e.e - 97!.3°_! o< (C 0 U N T P R 0 A D 2 D) yrns. wim...e r•.e� ii.s iwo w.a max _ _ �•,�• _ — sn�Dtac a nam I � � c c --y PLAN - OF SURVET'"' or r aim Znur.E2 (OMBA M TDB V ¢eu) TOWNSHIP OF ORO- MEDONTE i COUNTY OF SIMCOE r w y !M•IMI r.i a 1 i � F Rp .0 ¢ ,1• vt S -tl. ... —,.r 1 � i \ • � �� 1b' ' • r I •' I E Fi wof a � ryrl _ _ __ .b�; / a4 . ��. -.� s ^ YYI� 6 !. .rte? �;•'� a �, ' 1 •1 ♦ f �y � r ¢6tMlV 44w OM txb MIN M[ M iYa IN¢ IY. ` / 0 T 1 wDS uxDU WWDDrs CMFCATE C.T. STROw01MN SUMYM LTD. w ..°.Ytiv:....°'...'"•.r. >e...6:. w ".mom'. "' �S 'ZJ°e1°�."w.e c�����`w�.�,o.�,�•�.i• 0¢)etf¢ Laud 5¢nsyon � '" "'°°�.:•<�" a �= °�,....�,..,.�.. ..� '%�- �^,�.ma OIdIUA - ONTARIO a... w. o—ma D f028 Transportation and Environmental Services August 10, 2010 Report No. TES2010 -14 Page 4 of 6 Page 83 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... Coloured air photo of McCowan lot Transportation and Environmental Services August 10, 2010 Report No. TES2010 -14 Page 5 of 6 Page 84 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... CONCLUSION: To resolve the access to the McCowan property and provide a walking trail for the Conservancy with the least environmental impact, Mr. McGowan be advised to proceed with the construction of a driveway over Part 5 of the draft plan of survey. Respectfully submitted: Jerry Ball Director of Transportation and Environmental Services SMT Approval / Comments: C.A.O. Approval / Comments: Transportation and Environmental Services August 10, 2010 Report No. TES2010 -14 Page 6 of 6 Page 85 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... .1, .:HFNEN 6APklr. June 22, 2010 Mr. Jerry Ball Director of Transportation & Environmental Services Township of Oro - Medonte 148 Line 7 South Oro, Ontario LOL 2X0 Dear Mr. Ball, Re. Access to McGowan Property Part of Lots 1 & 2, Range 2 Township of Oro- Medonte, County of Simcoe (former Oro) 2243 Ridge Road West In an effort to resolve the situation regarding access to the above noted property, we would like to formally request access be granted to the property from the Bay Street extension. Mr. McCowan's property has historically been accessed via a neighbouring laneway through agreement. However, this agreement has recently been terminated at the request of the adjacent landowner (see attached correspondence dated February 8, 2010). As of this past weekend, the access has been physically cut off. With this previous means of accessing the property terminated, Mr. McCowan must now formalize access to his property through other means. To resolve this issue, Mr. McCowan proposes to provide access to his property over a portion of the unopened road allowance that abuts his property to the east. Identified as "Part 4` on the enclosed property survey, this unopened road allowance extends south from Ridge Road, east to Bay Street. Specifically, Mr. McCowan proposes to upgrade the eastern portion of this road allowance, the portion extending west from Bay Street to the subject property (as shown on the attached map) in order to access the property. The eastern portion of the road allowance is cleared of significant vegetation and used as a laneway, and therefore is more appropriate to upgrade than the portion of the road allowance that extends south from Ridge Road, which remains wooded. 13 POYNTZ STREE T / BARRIE / ONTARIO / L4M 3N6 / T 705 728 0045 / F 705 728 2010 / WWW.MHBCPLAN.COM Page 86 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... In support of this proposal, the attached letter from Kimberly Beckman of Davis Howe Partners to the Township Clerk, dated November 28, 2007, indicates that this unopened road allowance was transferred to the Township on September 23, 1975 "for all normal road purposes'. The current proposal is consistent with implementing this agreement. We hope the Township supports this proposal and grants access to the property from the Bay Street extension, as outlined above. If you have any questions of require further clarification, please do not hesitate to contact the undersigned. Thank you, MHBC PLANNING Kris Menzies, MCIP RPP Partner cc. Mr. Ron McCowan Ms. Kimberly L. Beckman - Davis Howe Partners 2 Page 87 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... Mary Jane From: Sent: To: Cc: Subject: Mary Jane [mjsedeant @sympatico.caj August 9, 2010 10:29 PM 'Ball, Jerry' Page 1 of 1 L 'harry. g- "V eigh, Andria, rdunn @oro medonte.ca, Irwin, Doug', hughes @oro- medonte.ca'; Iralph.hough @oro- medonte.ca'; 'mel.coutanche @oro- medonte.ca; 'terry_allison@oro- medonte.ca; 'sandy.agnew @oro- medonte.ca'; 'john.crawford @oro- medonte.ca'; 'dwight.eva n s @oro- medonte.ca' FW. Bay Street Road Allowance, Shanty Bay & August 10, 2010 - Council Meeting, Item 9. (j) Report TES 2010 -14 Attachments: road allowance dec 2009.doc; road allowance oct 2009.doc Dear Jerry, Your proposal to council tomorrow morning, Item 9.0) Report TES 2010 -14, conveying Parts 1, 2, 3, 4, and 6 to the Conservancy, as well as a 10 feet wide path of Part 5 to the Conservancy, essentially conveys all of the Bay Street Road Allowance to the Couchiching Conservancy. The Municipal Act, which is Provincial Legislation, prohibits the conveyance of Municipal Property, without proper notification by advertising in local newspapers. As well, the Municipal Act states that when there is a change in use of Municipal Property, neighbours within 400 feet must be notified. Your proposal does not meet either of these legislated criteria. Even more significantly, we are landlocked and this Bay Street Road Allowance is our legal access to a municipal road. Please refer to my attached correspondence with Andria Leigh. It is very disappointing to see that you are presenting a proposal to give away all of this road allowance without any consultation with us, who would be most adversely affected by the conveyance. For all of the foregoing reasons, we are very strongly opposed to this proposal and ask that you reconsider it. Sincerely, Mary Jane From: Mary Jane [ mailto:mjsarjeant @sympatico.ca] Sent: December 9, 2009 9:00 PM To: 'aleigh @oro- medonte.ca' Cc: 'harry.hughes @oro- medonte.ca'; 'Sandy Agnew'; 'rdunn @oro- medonte.ca'; 'dirwin @oro- medonte.ca'; 'Ball, Jerry; 'Tim Crooks'; 'Jane Ball'; 'mbisset @couchconservancy.ca' Subject: Bay Street Road Allowance, Shanty Bay Dear Andria, Please find attached letter regarding the road allowance. Thank you, Mary Jane 09/08/2010 Page 88 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... Ms. Sarjeant R. R. #3 Comp 610 Shanty Bay ON LOL 2LO January 31, 2002 Re: Proposed Road Access, Range 2, Part of Lots 1 and 2 (Oro) Dear Ms. Sarjeant: 4�> 148 Line 7 5., Box 100 Oro, Ontario LOL 2X0 Phone (705) 487 -2171 Fax (705) 487 -0133 www. rownship.oro- medonte.on.ca Council at their Committee of the Whole meeting of January 23, 2002 received and adopted Report PD 2002 -2, a copy of which is attached for your reference. The recommendation adopted by Council reads as follows Motion No. CW -18 Moved by Hough, Seconded by Dickie It is recommended that Report No. PD 2002 -2 by Andria Leigh, Township Planner, re: Proposed Road Access, Range 2, Part of Lots I and 2, 51R- 24937, Part 1 (Oro) be received and adopted, and Ms. Sar eant be provided with the standard conditions noted in the report and that Ms. Sarjeant confirm in writing that the conditions are acceptable, and further, if the conditions are acceptable to Ms. Sarjeant, that a standard License Agreement be draft for formal consideration and execution by Council. Carried. I believe the above resolution is self - explanatory and awaits your response. If your require any further information, please do not hesitate to contact the undersigned. Yours truly, Andria Leigh, MCIP, RPP Planner cc. Jerry Ball, Public Works Superintendent r3 ._i�✓ `o s Page 89 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... F, k, � r d , TOWNSHIP OF ORO- MEDONTE FROM THE TOWNSHIP PLANNER REPORT TO COUNCIL REPORT NO.: PD2002 -2 COUNCIL PREPARED BY DATE: Andria Leigh January 11, 2002 C. OF W. MOTION SUBJECT; Proposed Road Access DATE Range 2, Part of Lots 1 and 2, 5111- 24937, Part 1 (Oro) Roll # 010 -007 -102 BACKGROUND /ANALYSIS In December a request was received from Mary Jane Sarjeant looking for permission from Council to construct a laneway over the unopened portion of Bay Street to access their current dwelling on the above noted property. A copy of the correspondence is attached to this report for Council's review. The subject property is located in Range 2 and has been utilizing an access through the neighbouring property as shown on the attached sketch. The subject property is designated Shoreline in the Township's Official Plan and zoned Residential Limited Service Holding (RLS(H)) in the Township Zoning By -law 97 -95, as amended. The road allowance for Bay Street to be used for this access was dedicated to the Municipality in 1975; however this portion of the road has never been constructed. In order to allow access to the subject property on the unopened road allowance a License Agreement should be entered into with the Municipality. This proposal has been reviewed with Mr. Jerry Ball, Public Works Superintendent, who supports this approach. Page 90 of 285 9j) - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... N"11 ' cam" There are a number of conditions, which need to be fulfilled before a License Agreement is entered into. These conditions are noted below: 1. That the owner provide a site plan to scale detailing the minimum distance required to be upgraded and detailing the intended use in a format which can become a schedule to the agreement. 2. That a portion of the road allowance be constructed at no cost to the municipality to a basic gravel base standard, all to the satisfaction of the Public Works Superintendent. That access, once constructed, be maintained at the expense of the owner. 3. That the owner consents to save harmless and indemnifies the Township from any liability, with supporting liability insurance with the Township named as co- insurer in the amount of five million dollars. 4. That the owner acknowledges and agrees that the Township does not maintain and /or snowplow the road and that the Township will not maintain the road unless the road has been constructed to the full municipal standard in force at the time. 5. That the owner acknowledges and agrees not to request the Township to maintain the road contrary to Clause 4 above. 6. That the owner agrees to post the road allowance with a Highway sign, noting "Road Not Assumed — Use at Own Risk" all to municipal standards approved by the Public Works Superintendent. The sign is to be maintained in good condition during the enforcement of the agreement. 7. That the owner agrees to pay the municipal License Agreement fee of $ 500.00 and to pay the required municipal levy of $ 100.00 per annum for occupying part of the road allowance as a private driveway. 8. That the owner agrees that the Township may terminate the License Agreement without compensation upon thirty days written notice. 9. That the owner agrees that the term of the License Agreement shall be for a period of 10 years and may not be assigned or transferred by the owner. Page 91 of 285 9j} - Report No. TES 2010 -14, Jerry Ball, Director of Transportati... t I X S F. a (RECOMMENDATION It is recommended to Council that: 1. This report be received and adopted; and 2. That Ms. Sarjeant be provided with the standard conditions noted in this report and that she confirm in writing that the conditions are acceptable; and 3. If acceptable, that a standard License Agreement be drafted for formal consideration and execution by Council. Respectfully submitted, Andria Leigh, Hons B.A.,AMCT, MCIP,RPP Township Planner C.A.O. COMMENTS: Z 1 C.A.0 I /I Page 92 of 285 9k) - Report No. TES 2010 -15, Jerry Ball, Director of Transportati... Township of REPORT ( Proud Heritage, Exciting Future Report No. To: COUNCIL Prepared By: TES2010 -15 L. McNiven Meeting Date: Subject: Motion # August 10, 2010 Tender Results for Warminster Roll #: Well and Pumphouse R.M.S. File #: Upgrades RECOMMENDATION(S): Requires Action NX For Information Only It is recommended that: 1. THAT Report No. TES2010 -15 be received and adopted. 2. THAT Western Mechanical be awarded the Warminster Well and Pumphouse Upgrade tender at a cost of $399,849.00. 3. AND THAT the Manager of Engineering and Environmental Services advises Western Mechanical and the Developer for Homire Subdivision of Council's decision. BACKGROUND: In December, 2009, Council entered into a Subdivision Agreement for Homire Subdivision located in Warminster. Part 6 of the Subdivision Agreement identified requirements for the upgrading of the Warminster water system at the Developer's expense. The upgrades were split into two phases with the number of building permits issued for the development dependent on the submission of securities for each phase of the upgrades. The design and contract administration of the upgrades were to be completed by the Township Engineers, with all costs paid for by the Developer. In March, 2010, the Developer requested that the securities for the first phase of the upgrades be pro -rated to $28,000 per lot, to be collected at the time of issuance of the Zoning Certificate and prior to submission of each building permit, rather than the lump sum payment identified in the Subdivision Agreement. Motion No. C100324 -17 approved this proposal, allowing the Developer to continue construction of an additional 15 dwellings in the subdivision. Attached is the Memorandum dated March 24, 2010 for your review. As of July 30, 2010, $196,000.00 has been collected from the issuance of seven (7) Zoning Certificates for the Homire Subdivision. Transportation and Environmental Services August 10, 2010 Report No. TES2010 -15 Page 1 of 3 Page 93 of 285 9k) - Report No. TES 2010 -15, Jerry Ball, Director of Transportati... Tenders for the first phase upgrade - Warminster Well and Pumphouse Upgrades - were issued by invitation the week of July 19 and closed publicly on August 4 2010. The tenders were opened publicly in the conference room of the AECOM Barrie office by Mr. Rick Groves ( AECOM), with representatives from the four tendering contractors present. ANALYSIS: The results of the tender contract opening are as follows: 1 thinster Well ancd.9 - ph0W5 w r€yi ME 95 1) Western Mechanical — Barrie $399,849.00 2) Baseline Contractors - Waterloo $491,000.00 3) Peak Engineering - Brighton $559,877.38 4) H2 Ontario INC. — New Hamburg $561,150.00 The original engineering estimate for the cost of the work was $420,500.00. The tender documents from Western Mechanical have been reviewed by AECOM and were found to be correct. The work is expected to begin in late August and be completed by the end of 2010. FINANCIAL: As of July 30, 2010, the amount of money that has been collected from the "per lot" fees is $196,000.00. The Developer will now be required to submit the balance of $203,849.00 to the Township for the completion of the work. CONSULTATIONS: Rick Groves — AECOM Andria Leigh — Director of Development Services Jerry Ball — Director of Transportation and Environmental Services ATTACHMENTS: AECOM letter dated August 4, 2010 — Warminster Well and Pumphouse Upgrade Tender Evaluation Memorandum dated March 24, 2010 — Amendment to Homire Subdivision Agreement — By -law 2009 -174 Part of Lot 5, Concession 14, Warminster Side Road Transportation and Environmental Services August 10, 2010 Report No. TES2010 -15 Page 2 of 3 Page 94 of 285 9k) - Report No. TES 2010 -15, Jerry Ball, Director of Transportati... CONCLUSION: It is recommended that the tender from Western Mechanical be accepted at a low tender amount of $399,849.00. Respectfully submitted: i L. McNiven, B.Sc., C.E.T. Manager of Engineering and Environmental Services SMT Approval / Comments: C.A.O. Approval / Comments: � =I Transportation and Environmental Services Report No. TES2010 -15 August 10, 2010 Page 3 of 3 Page 95 of 285 9k) - Report No. TES 2010 -15, Jerry Ball, Director of Transportati... - Memorandum correspondence dated March 24, 2010 from Andria L... MEMORANDUM To: Council Township of Proud Heritage, Exciting Future From: Andria Leigh, Director of R.M. File #: D1205050 Development Services and Jerry Ball, Director of Transportation and Environmental Services Date: March 24, 2010 Roll #: 020-004 -14300 Subject: Amendment to Homire Subdivision Agreement — By-law 2009 -174 Part of Lot 5, Concession 14, Warminster Side Road In December 2009, Council entered into a Subdivision Agreement for the above noted development which consisted of 28 residential lots. Part 6 of the agreement identified requirements for the upgrading of the Warminster water system and identified there was a current water system surplus capacity of 23 residential units in the existing system before the upgrades were to be completed. As a result of previous negotiations the Homire development was to be permitted 8 of the available 23 residential units and the other draft approved plan (Warminster Acres) was permitted the additional 15 residential units. The Subdivision Agreement therefore stipulated to permission for the Homire development to submit 8 residential units within the Homire subdivision prior to the water system upgrades being completed and further stated that should the developer intended to obtain additional residential units to the maximum of 23 residential units, the developer was to submit securities in the amount of $ 418,000 for the completion of the pumphouse water supply system upgrades and confirmation of proof of purchase of the Warminster acres plan of subdivision in order to obtain the additional 15 building permits. The Homire developer has provided the land transfer documentation confirming their ownership of the Warminster Acres draft plan lands and has submitted a request for alternate consideration of the submission of the identified securities. The Township received a request from the developer (email attached) proposing to pro -rate the securities to $ 28,000 per lot to be collected at the time of issuance of the zoning certificate and prior to submission of each building permit, rather than the lump sum payment identified in the subdivision agreement. For the 15 additional permits this would total $ 420,000. The proposed revision to the collection of the water system upgrade securities will permit the developer to continue with the construction of additional dwellings in the subdivision in the short term. As noted in their correspondence they currently intend to submit two additional permits. for construction that would be anticipated to be completed in July of this year. Page 96 of 285 9k) - Report No. TES 2010 -15, Jerry Ball, Director of Transportati... - Memorandum correspondence dated March 24, 2010 from Andria L... The pro -rated approach would only permit a maximum of 15 additional building permits to be issued for the total of 23 building permits in the subdivision as this is the available surplus capacity without the water system upgrades being completed. In order for the 24th permit to be submitted and issued, in accordance with the terms of the subdivision agreement, the water system supply system upgrades are required to have been completed and securities in the amount of $ 431,000 are required to be posted by the developer for the water reservoir and fire pumps upgrades. Township Staff and the Township's engineering consultant reviewed the developer's request on March 23 and would not object to Council supporting the request from the developer to submit pro- rated fees on a per lot basis. It is recommended that: 1. This memo be received and adopted; 2. That Council authorize the pro -rated collection of the pumphouse water supply system upgrades at a rate of $ 28,000.00 per lot to be collected at time of zoning certificate issuance; 3. That the developer be advised of Council's decision. Respectfully submitted, ,�- Andria Leigh, MCIP, RPP Director of Development Services -2- Jerry Ball, CRSS Director of Transportation & Environmental Services Page 97 of 285 9k) - Report No. TES 2010 -15, Jerry Ball, Director of Transportati... -COM AECOM 10 Checkloy Sheol Barrie, ON, Canada L4N 1W1 www.aeoDm.com 705 7219222 tel 705 734 0764 faX August 4 2010 (by email only) Mrs. Lisa McNiven, C.E.T., B.Sc, Manager of Engineering and Environmental Services Township of Oro - Medonte 148 Line 7 S. Box 100 Oro, ON LOL 2X0 Dear Mrs. McNiven: Re: Township of Oro- Medonte Warminster Well and Pumphouse Upgrade Tender Evaluation Tenders for Warminster Well Site Upgrades issued by invitation the week of July 19 2010 and were closed publicly at 2:00 pm on August 4 2010. The tenders were opened publicly in the Conference Room of the AECOM Barrie office at approximately 2:15 pm. Mr. Rick Groves, representing AECOM, was in attendance, as well as representatives from four (4) of the tendering contractors. During the tendering process two (2) addenda were issued. A list of the four (4) tenders received in the order of their tendered prices is as follows: Western Mechanical -- Barrie $399,849.00 Baseline Contractors -- Waterloo $491,000.00 Peak Engineering — Brighton $559,877.38 H2 Ontario INC. -- New Hamburg $561,150.00 All four (4) tenders have been checked with respect to completeness of required documentation, unbalanced tendered prices and extension/addition of the unit prices in the Schedule of Items and Prices. The estimate for the tender based upon the time of year was $380,500 to $420,500.00 Page 98 of 285 9k) - Report No. TES 2010 -15, Jerry Ball, Director of Transportati... ACOM We report on our findings as follows: Western Mechanical Page 2 Errort Reference source not found. The tender of western Mechanical Ltd. has been found to be correct in all respects. The tender deposit in the form of a Certified Cheque totalling $5,000.00 has been retained until the Contract documents have been executed. This contractor is local to the area and has an advantage in that they also provide in house electrical services. We have received the Ministry of the Environment amended Certificate of Approval for this project, so we are in a position to award the contract. The tender offer is valid for 90 days from the tender opening (until November 0, 2010). We trust that the information contained in this report is sufficient to allow a decision regarding the awarding of this Contract. We can find no reason not to award the contract to the low bidder. Should you require further clarification, please contact the undersigned. Sincerely, AECOM Canada Ltd. Rick Groves Senior Project Manager RFG:ls Page 99 of 285 9m) - Report No. RC 2010 -19, Shawn Binns, Director of Recreation a... T h REPORT 77 ` 1 f Proud Heritage, Exciting Future Report No. RC2010 -19 To: Council Prepared By: Shawn Binns Meeting Date: August 10, 2010 Subject: Oro - Medonte Rail Trail Penetanguishene Road to Colborne Street Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action NX For Information Only It is recommended that: 1. Report RC2010 -19 be received and adopted. 2. That the partnership with the County of Simcoe to complete the Oro - Medonte Rail Trail from Penetanguishene Road to Colborne Street be approved. 3. That the expenses of $91, 990 be approved and financed through the Recreation Reserve Fund and Rail Trail Fundraising Reserve. 4. That the use of motorized snow vehicles be prohibited on the Rail Trail from Penetanguishene Road to Colborne Street. 5. That the appropriate By -Laws and agreements be amended to reflect the prohibition of motorized snow vehicles on the Rail Trail from Penetanguishene Road to Colborne Street. 6. That the City of Barrie and the County of Simcoe be notified of Council's decision. 7. That a media release be prepared to reflect Council's decision. BACKGROUND: The Uro- Medonte Hail Irail is a 28km trail which runs easterly from the City of Barrie limits to the City of Orillia. The Oro - Medonte Rail Trail was acquired from Canadian National Railroad in 2000, additional private lands were also acquired from Colborne Street to Line 1 to create the trail in its present state. Currently a "Gap" of approximately 300m exists from Colborne Street to Penetanguishene Road where the trail would link to the North Shore Trail in the City of Barrie. At the Committee of the Whole meeting of April 7, 2010 Council received staff report RC2010 -07 and passed motion # CW100407 -23 which: 1. Approved a partnership with the County of Simcoe and preliminary concept to complete the Oro - Medonte Rail Trail from Penetanguishene Road to Colborne Street in principle. 2. Authorized staff to submit a funding application for financial assistance to the County of Simcoe - Trails Connecting Communities program. Recreation and Community Services August 10, 2010 Report No. RC2010 -19 Page 1 of 3 Page 100 of 285 9m) - Report No. RC 2010 -19, Shawn Binns, Director of Recreation a... 3. Requested a follow up report to Council upon completion of the detailed engineering with cost estimates and a partnership agreement for Council's consideration. The following report provides an overview of projected cost estimates and partnership arrangements with the County of Simcoe. ANALYSIS: i ne Vounty of 5imcoe nas retained GG I atham and Associates who have completed a concept design and public consultation process for the extension of the trail. A final construction design has also been completed with input received through community consultations and input from Township of Oro - Medonte, City of Barrie and County of Simcoe Staff. The County of Simcoe has incurred the expenses for the engineering of the proposed project. Currently the road allowance is under the ownership of the Township of Oro - Medonte; however arrangements are being made to transfer the road allowance to the County of Simcoe who have jurisdiction of the Shanty Bay Road. As such the County of Simcoe has agreed to assume responsibility for project and risk management for the construction of the trail extension. While the County of Simcoe would be responsible for the construction and project management, the Township would be responsible for maintenance, operating, and capital replacement costs. The project budget is estimated at $119, 880 exclusive of HST or $121,990 calculating the net impact of HST (1.76 %). Should Council proceed with the proposed project, procurement will be undertaken by the County of Simcoe according to County procurement policies. A detailed estimated budget breakdown is included as (Attachment #1). Financing Strateqv County of Simcoe, Trails connecting communities grant $ 30,000 Oro - Medonte Rail Trail Fundraising Reserve $ 22,000 Recreation Reserve $ 69,990 Total estimated expenses with net impact of HST 1.76% $121,990 The completion of the link would fully complete the linkage to the North Shore Trail in Barrie and Lightfoot Trail in Orillia and have active transportation, recreational and health benefits as well as associated benefits from the enhancement of a tourism asset in Township. Upon completion of the project it is recommended that snowmobile use be prohibited in this section of trail to minimize any damages incurred by use from snowmobiles. Recreation and Community Services August 10, 2010 Report No. RC2010 -19 Page 2 of 3 Page 101 of 285 9m) - Report No. RC 2010 -19, Shawn Binns, Director of Recreation a... FINANCIAL: • The financial impact would be $91,990 funded through the Rail Trail Fundraising Reserve and the Recreation Reserve Fund. • Maintenance requirements will be manageable within the current base budget allocation. POLICIES /LEGISLATION: • County of Simcoe Transportation Plan • County of Simcoe Official Plan • Township of Oro - Medonte Draft Strategic Facility Plan CONSULTATIONS: Consultations tacilitated through the County of Simcoe have taken place with property owners in the immediate vicinity in accordance with County policies. Input was reviewed and incorporated in the development of the design. The Director of Transportation and Environmental Services and Director of Development Services have been involved in input into the design concepts. ATTACHMENTS: 1) Estimated project budget breakdown 2) Detailed design 3) Trails Connecting Communities grant approval CONCLUSION: i ne recreation iviaster Pian and uratt Strategic I- acility Plan indicate the need to increase trail linkages and to work in partnership in the provision of Recreation and Community Services. The proposed project to link the Oro - Medonte Rail Trail achieves both of these objectives. It is recommended that the proposed project be approved for completion in the fall of 2010. Respectfully submitted, 4 Shawn Binns Director, Recreation and Community Services SMT Approval / Comments: C.A.O. Approval /.Comments: Recreation and Community Services Report No. RC2010 -19 August 10, 2010 Page 3 of Page 102 of 285 9m) - Report No. RC 2010 -19, Shawn Binns, Director of Recreation a... 2.4 SCHEDULE OF ITEMS AND UNIT PRICES In the column headed "Spec. No. ", the number refers to the latest issue of the Ontario Provincial Standard Specifications. "S.P. ", refers to the Special Provisions. Item Spec. Description Unit Quantity Unit Price TOTAL PRICE No. 2 SP Mobilization & Demobilization L.S. 1 $500 $5,000 3 Sp Bonding & Insurance Costs L.S. 1 $5,000 $5,000 4 Sp Layout of Work L.S. 1 $1,000 $1,000 5 201 Clearing and Grubbing SP a) Clearing & Grubbing — Trees Less Than 300 mm In L-S. 1 $2,500 $2,500 Diameter & Brush 6 206 Earth Excavation SP a) Earth Excavation (Grading) m' 250 $25.00 $6,250 b) Topsoil Stripping m 3 470 $10.00 $4,700 7 311 HL 3 Miscellaneous (Roadway, SP Driveways, etc.) m 2 170 $25.00 $4,250 8 212 Select Subgrade Material t 1,000 $13.00 $13,000 SP 9 314 Granular A (Roadway and SP Driveway Restoration) t 215 $18.00 $3,870 10 SP Placement of Recycled Asphalt m 2 217 $10.00 $2,170 Pavement (RAP) 11 351 SP Concrete Sidewalk m Z 500 $60.00 $30,000 12 353 Concrete Curb & Gutter SP a) Barrier Curb and Gutter m 151 $65.00 $9,815 b) Concrete Gutter Outlets OPSD 605.030 ea 1 $350.00 $350 13 405 1 150 SP mm Pipe Subdrain m 164 $20.00 $3,280 TOTAL: 2-1 $91,185 Page 103 of 285 9m) - Report No. RC 2010 -19, Shawn Binns, Director of Recreation a... Item Spec. No. Description Unit Quantity Unit Price TOTAL PRICE 14 421 SP 450 mm CSP Pipe Culverts m 23 $200.00 $4,600 15 510 SP Removal of Asphalt Pavement m 2 175 $10.00 $1,750 16 510 SP Removal, Salvage and Placement of Interlocking Paving Stones m 2 115 $25.00 $2,875 17 510 SP Removal of Asphalt Driveway m 2 100 $10.00 $1,000 18 511 SP Rip Rap m 2 38 $55.00 $2,090 19 543 SP Traffic Control Signing L.S. 1 $2,500 $2 20 570 SP Topsoil p a) From Stockpiles m' 75 $5.00 $375 b) Imported (Provisional) m 3 75 $15.00 $1,125 21 571 SP Sodding m 2 750 $4.00 $3,000 22 577 SP Sediment Control a) Light Duty Silt Fence Barriers m 228 $ I5.00 $2,280 b) Straw Bale Flow Checks ea. 3 $150.00 $450 23 SP Relocate Existing Signs ea. 6 $250.00 $1,500 24 SP Relocate Existing Newspaper Box ea. 1 $150.00 $150 25 SP Geotechnical Testing L.S. 1 $5,000.00 $5,000 TOTAL: 2-2 $28,695 Page 104 of 285 9m) - Report No. RC 2010 -19, Shawn Binns, Director of Recreation a... TOTAL PAGE 2 -1 TOTAL PAGE 2 -1 SUB -TOTAL TENDER PRICE H.S.T (13% of above line) TOTAL TENDER PRICE General Notes i) $91,185 $28,695 $119,880 $15,584.40 $129,814.40 Where alternative materials are specified, the Tenderer shall tender a Unit Price for each alternative, but shall extend only the lowest unit price. ii) m denotes Cubic Metre (1,000 litres) m denotes Linear Metre L.S. denotes Lump Sum ea denotes Each n 2 denotes Square Metre t denotes tonne (2,204.6 lbs.) m 3 denotes Compacted Cubic Metre ha denotes Hectare Page 105 of 285 gm) - Report No RC 2010-19, Shawn mnn% Director of Recreation a. Page 106 of 285 ■ _..` ----- � / � ' I m\ | � 4-, 1 I , K � �� � � \ ■ - ! | ■• ! ` I � i ] - — -- I — t � � 9� I � $ -0 k( }\} ( °22 )g � }k k§ ° � ° - �— - - -- , ! , , , , , ! ■ ■ � 3Nn HaWn $ � � | || / ■ƒ °,■ A ■ ��� < | ! , � g ` \ ! Page 106 of 285 CQ CD CO v O_ N Cb (.n 3 O 0 N O 0 cn 0 0 O O C n CD v O L Ell � L ■■■■■■■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ON NONE ■ ■ ■■ ■■ ■ ■ ■ ■ ■ ■■ ■ MONO ' LNM■■■ iiL■■■■■E O■■■■■■■■■■MEN ■..... ■... ■.. MEMO ......... MEMO .. LM■■ E■■ M■■ MMMM■E■ MMM■■■■■ M ■ ■E■ ■E ■ ■M■OMLMM ■ . ■ ■MMO ■ ■■ ■ENEON MEN ................. ...LM ■ ■.... ■ ■ .... ■. ............ ■MOM■■ .........M ■ ■ ■MO ■M ■O■■■ ■■ MM.. ■. ■�O ■MM ■E ■ ■ ■ ■MMMM ■ ■ ■M�a ■OM ■MEMM. ■.■eaunom �!!!!ME■■■ LOi�■ ■■M■ ■■M ■E■E iIM■■w MEN ■■ ■■ ■N f■■ � An ■■MMMEMM■■ 3: �E= C•••■_ OE■ ■ ■M`/ ■i■■■■��riliMM■TiiEI181MM■ SEMEN Im ■MEN ■E^' 9! 'IJM ■ ■1po ■ ■E ■E■■■■m■IEEEL ■ENEM ■ E!m PRIS , ■E ■EM ■ ■ ■ ■ ■ ■ ■i�I ■ ■ ■MM ■ ■ ■ ■LLt C� ■I ■ ■ ■ ■EMM ■E INE 0 M ■MEN D■ ■■ ■MEN ■■■ ■E ■EE■ N■■ eeeee!!eeeee■�JIE ■ ■ ■■� ■Eial1 2ME� ■■■ ia■MM■■■■ , ■E■■■MMEN■■■■ ■E ■F= 0 MM ■Ei1ii�������ii�IM ■ ■MMM ■EE S ! ■ ■M ■ ■EM ■MM NOON ■ ■ ■E ■E ■ ■ ■ ■ ■ ■ ■1"rr'"ii i`i��" irk■■■■■ fl■■■■ �+ ■ ■ ■OiN ■ ■ ■M ■E ., ■�q�;&��11 ■ ■ON ■ ■ ■ ■■ ■ ■ ■E ■ ■OE ■ ■ ■ ■ ■ ■ ■E ■MM ■ ■ ■ ■ ■MM ■E ■■ ■!+BEM ■ ■ ■ ■ ■ ■ ■ ■E ■■MEMO ■E■■■ ■M■ LLLLLLLCLLLLLLLL :: LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL / MON WAV : WAV I ON 3 O 0 N O 0 cn 0 0 O O C n CD v O L 9m) - Report No. RC 2010 -19, Shawn Binns, Director of Recreation a... County of Simcoe cou Y 0 Planning Department S 1MCQE� 1110 Highway 26, Midhurst, Ontario LOL 1X0 June 4, 2010 Mr. Shawn Binns Director of Recreation & Community Services Township of Oro - Medonte Box 100, 148 Line 7 South Oro, ON LOL 2X0 Main Line (705) 726 9300 Toll Free 1 866 893 9300 Fax (705) 727 4276 Web: simcoeza RE: Notice of Successful Application Trails Connecting Communities Program 2010 Oro-Medonte RailTrail Connecting Link Construction Dear Mr. Binns, The County of Simcoe is committed to connecting its communities. As part of this commitment, the County looks to build upon first -hand local knowledge by partnering with its member municipalities to fund infrastructure projects that will enhance our communities. In celebration of International Trails Day, we are pleased to advise that the County of Simcoe will provide $30,000 to the Township of Oro - Medonte in funding assistance from the Trails Connecting Communities Programs (TCCP) for the construction of the RailTrail link with the Barrie North Shore Trail. As noted in the TCCP information sheet and to retain eligibility for the funding assistance, the following obligations area associated with the County's funding contribution: - All projects receiving TCCP funds will be completed by the end of 2010. - Trails will be constructed to ensure accessibility for people with disabilities - All construction activities will occur in accordance with applicable policies, bylaws, standards and regulations. - Required permits shall be obtained prior to commencement of construction. - Funds granted through the TCCP are not transferable. The County of Simcoe must approve, in writing, any significant change in the use of committed funds. - Unused funds, or funds that were spent incorrectly, must be returned to the County of Simcoe. - Permanent trail - related signage (i.e. wayfinding, interpretive, trailhead, etc.) should be in reviewed by TCCP staff. Please contact the undersigned regarding signage specifics. - Signage related to the TCCP will be provided by the County and installed by the applicant. - All applicants will save harmless the County of Simcoe for any liabilities, problems or issues that arise either during or after the TCCP 2010 funding process. Please refer to your TCCP Information Sheet for additional information that is required both during and at project completion. PLC -003 -001 Page 108 of 285 9m) - Report No. RC 2010 -19, Shawn Binns, Director of Recreation a... We thank you for partnering with the County of Simcoe and look forward to working with you in the future. Should you have any questions or require clarification, please do not hesitate to contact the undersigned at 705 - 726 -9300 Ext. 1360 or email Nathan.Westendoma- simcoe.ca Sincerely, The Corporation of the County of Simcoe Nathan Westendorp, MCIP RPP Senior Planner cc. Derek Averell, County of Simcoe (By Email Only) Bryan MacKell, County of Simcoe (By Email Only) Allan Greenwood, County of Simcoe (By Email Only) Page 109 of 285 9n) - Report No. RC 2010 -20, Shawn Binns, Director of Recreation a... Towtlship of REPORT Proud Heritage, Exciting Future Report No. RC2010- 20 To: Council Prepared By: Shawn Binns Meeting Date: August 10, 2010 Subject: Oro - Medonte 77's Subsidy Request Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. RC2010 -20 be received 2. The Oro - Medonte 77's be requested to submit the applicable fee of $4248 for Banquet Hall Rental associated with permit 92748, in accordance with the Township policy. BACKGROUND: I ne Uro- Iviecionte its nave submitted a request for grant/subsidy. They are requesting that Council waive Banquet Hall permit fees of $4248 for a Booster Club during their home games. Council has waived the fees for use of the Banquet Hall during the 2008/2009 and 2009/2010 seasons. Council has reviewed a request from the Oro - Medonte 77's as part of the 2010 Budget and was not able to grant the request at that time. The 77's now under new management have increased their community involvement and support and are requesting a reconsideration of a fee subsidy for their booster club. Permit #2748 indicates a total amount of $4248 for Banquet Hall rentals. The amount will likely be around $3000 as the 77's have yet to determine their 2010 -2011 home game schedule and usage requirements will be reduced. It has been Council's practice /policy that requests from individuals or organizations for grant/subsidies are requested to submit the applicable fee and a grant/subsidy application be submitted for Council's consideration. Recreation and Community Services August 10, 2010 Report No. RC2010 -20 Page 1 of 3 Page 110 of 285 9n) - Report No. RC 2010 -20, Shawn Binns, Director of Recreation a... ANALYSIS: i ne L)ro- ivieaonte 1 rs Junior HOCKey Club is a tranchise of Greater Metro Hockey League. The Oro - Medonte 77's provide many community benefits such as: Economic Benefits — Hockey Games will attract visitors and Oro - Medonte will be promoted by the Oro - Medonte 77's in other locations. Enhancements to Minor Hockey Programs — Opportunities are available for local hockey players to play for the Oro - Medonte 77's. The 77's also provide coaching assistance for minor hockey and assistance with fundraising efforts. (This is being reviewed as currently the G.M.H.L is not sanctioned by Ontario Minor Hockey) Community Benefits- Junior games provide an opportunity for local entertainment and for the community to come together and support "their" team. The 77's also assist local not for profits organizations with fundraising initiatives. The 77's have also sponsored an additional 30 min of public skating on Friday evenings and have assisted the Oro - Medonte Fire Fighters with support. Arena — The Oro - Medonte 77's will also assist in future planning for a possible new /retrofitted facility. The Oro - Medonte 77's would like the Township to consider an "Arena Reserve Fund" where the proceeds from the booster club would be donated for either a new or retrofitted facility. The Oro - Medonte 77's have hosted a number of Booster Club events during the 2008/ 2008/ 2009 and 2009/2010 seasons with no issues being reported. The Oro - Medonte 77's currently booster club / per night: Bartenders and Security - Insurance Banquet Hall Rental Special Occasion Permit Total have the following expenditures for the operation of a $125 $200 $177 $ 75 $577 A detailed agreement is in place with the Oro - Medonte 77's and provides the framework for the club's operation at the Oro - Medonte Community Arena. FINANCIAL: The financial impact would be a maximum of permit #2748 ATTACHMENTS: 1. Application for Grant/Subsidy document 2. Facility Rental Permit Recreation and Community Report No. RC2010 -20 for Banquet Hall rentals associated August 10, 2010 Page 2 of 3 Page 111 of 285 9n) - Report No. RC 2010 -20, Shawn Binns, Director of Recreation a... CONCLUSION: it is recommenaea mat me uro- iweaonte i i's be requested to submit the applicable fee of $4248 for Banquet Hall Rentals, in accordance with the Township policy. Shawn Binns Director, Recreation and Community Services SMT Approval / Comments: C.A.O. Approval / Comments: Recreation and Commu Report No. RC2010 -20 August 10, 2010 Page 3 of 3 Page 112 of 285 9n) - Report No. RC 2010 -20, Shawn Binns, Director of Recreation a... Page 113 of 285 THE CORPORATION OF THE 148 Line 7 S., Box 100 Oro, Ontario LOL 2X0 TOWNSHIP Phone (705) 487 -2171 Fax (705) 487 -0133 — o www.oro- medonte.ca AUG 032010 APPLICATION FOR GRANT /SUBSIDY -- C:.,VN' ,HtP Instructions In order to process the application on fields including Appendix "A" financial information must be completed Note Grants /Subsidies are not automatically renewed annually PART A — ORGANIZATION NAME AND ADDRESS INFORMATION Organization Name Address City ` CS I�`C. Prov. t� � Postal Code �^® t- y T / Contact 6&-V ,, Telephone - 707 - 7� CIS S" E -mail !: ?4 r C CQ +�^(�Or L9 V ��OU Ce,- Fax S� y 7._ 3 3 G PART B - ORGANIZATION GENERAL INFORMATION Number of Out of Town Membership Fee Members Residents If Applicable Geographic Area Date Served mEb Q 0 T Formed D d 1 Outline the mission, purpose and objectives of your organization. + u J 'CL i wl `� p if tl�z 6- n1 c� rya So ) C7 erA�e_r en v^ �o � ✓� p!' i C�� n ��� A ex�u Page 113 of 285 9n) - Report No. RC 2010 -20, Shawn Binns, Director of Recreation a... Previous grants /subsidies from the Township? �- A Amount Requested: $ Amount Approved: $ PART D — SIGNATURE OF AUTHORIZED OFFICIAUS) ame & Position Name & Position Year of Request: Year of Approval: ©i 11 Date: A y j o Date: For office use only Approved: Denied: Amount $ Date: NOTE: Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act, and will be used for the purpose of determining eligibility for grants. Questions about this collection should be directed to the Freedom of Information Co- ordinator, The Corporation of the Township of Oro- Medonte, 148 Line 7 South, Box 100, Oro, Ontario. LOL 2X0 Please use additional sheet ( and attach more if required) to complete the information requested on the Grant/Subsidy Application Form. Page 114 of 285 9n) - Report No. RC 2010 -20, Shawn Binns, Director of Recreation a... CURRENT FISCAL YEAR: Year: REVENUE: Source: TOTAL: EXPENDITURES: Item: TOTAL: Amount: Amount: SUMMARY: Surplus or deficit from previous year: Revenue Sub Total Minus Expenditures BALANCE: atu re: NEXT YEAR PROPOSED: Year: REVENUE: Source: Amount: TOTAL EXPENDITURES: Item: Amount: TOTAL- SUMMARY: Surplus or deficit from previous year: Revenue Sub Total Minus Exp. Expenditures BALANCE: Date:: Page 115 of 285 9n) - Report No. RC 2010 -20, Shawn Binns, Director of Recreation a... I would like to take this opportunity to list some of the benefits the Oro 77's Hockey Club has provided Oro - Medonte -77's have taken on the cost of the Public skating Friday evenings, including an extra % hr of skate time over previous years. This will�nsure the township will be payed in full for ice use regardless of the attendance at public `Stating. -77's have donated $5,000.00 to OMSA to offset costs of Minor Hockey and other sports groups in the township. -77's have made a small donation to the Township in hopes to start a commitment towards funds for a new recreation facility. -77's have donated $2,500.00 to the Oro - Medonte Firefighters to pay for their recreational ice time in hopes of making the community more aware of the effort these volunteers put forth to help our community. -77's have committed to signing as many local kids as possible giving them the opportunity to be given scholarships to U.S. Schools or drafted professionally. -77's are committed to providing Oro - Medonte with a team that will give back to the community as much as they can. I implore upon you to help us in this endeavour by waiving the banquet hall fees all 77's home games. The money saved will be put directly back into the community through one of the endeavours listed previously. Please consider the good this team and its commitment to the community will provide in the way of pride and participation, getting everyone involved to keep sports and recreation here rather than going to Orillia or Barrie to fulfill their needs. Your help in this endeavour is greatly appreciated and much needed. Thank you, Gary Young Oro - Medonte 77's Hockey Club Page 116 of 285 9n) - Report No. RC 2010 -20, Shawn Binns, Director of Recreation a... Page 117 of 285 Printed 05- Aug -10, 09.31 AM Page 1 of 4 ,� Township of Oro - Medonte Acct ID: l 71 Yl > '�. X 411 tU' 148 Line 7 S., Box 100 Phone: (705) 487 -2171 Oro - Medonte, ON LOL 2X0 Fax: (705) 487 -0133 Customer Schedule Permit Number: 2748 Oro - Medonte 77s Gary Young Gary Young 193 Kennedy Ave, RR # 2 Hawkestone, ON LOL ITO Dur. Hourly Other Date Day Complex Facility Event Type St art Time End T (Mi Rate Charg Amount 26- Sep -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 29 -Sep -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 01- Oct -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 O1- Oct -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 03- Oct -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 06- Oct -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 08- Oct -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 08- Oct -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 10- Oct -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 13- Oct -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 15- Oct -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 15- Oct -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 17- Oct -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 20- Oct -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 22- Oct -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 22- Oct -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 24- Oct -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 27- Oct -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 29- Oct -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 29- Oct -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 31- Oct -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 03- Nov -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 05- Nov -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 05- Nov -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 07- Nov -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 10- Nov -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 12- Nov -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 12- Nov -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 14- Nov -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 17- Nov -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 19- Nov -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 19- Nov -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 21- Nov -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 Indicates event spans multiple days. Powered by MaxF-nteprise®, a product of Maximum Solutions, Inc. Page 117 of 285 9n) - Report No. RC 2010 -20, Shawn Binns, Director of Recreation a... Page 118 of 285 Printed 05- Aug -10, 09:31 AM Page 2 of 4 24- Nov -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 26- Nov -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 26- Nov -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 28- Nov -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 01- Dec -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 03- Dec -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 03- Dec -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 05 -Dec-10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 08- Dec -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 10- Dec -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 10- Dec -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 12- Dec -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 15- Dec -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 17- Dec -10 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 17- Dec -10 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 19- Dec -10 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 22- Dec -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 29- Dec -10 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 02 -Jan-11 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 05 -Jan-11 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 07- Jan -11 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 07 -Jan-11 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 09- Jan -11 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 12- Jan -11 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 14 -Jan-11 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 14 -Jan-11 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 16 -Jan-11 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 19- Jan -11 Wed GUTH Pad "A" Game. 7:30 PM 9:20 PM 120 148.00 0.00 296.00 21 Jan- I 1 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 21 -Jan-11 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 23 -Jan-11 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 26 -Jan-11 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 28 -Jan-11 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 28- Jan -11 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 30 -Ian -1 I Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 02- Feb -11 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 04- Feb -11 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 04- Feb -11 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 06- Feb -11 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 09- Feb -1 I Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 13- Feb -11 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 16- Feb -11 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 18- Feb -11 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 18- Feb -I 1 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 20- Feb -I 1 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 * Indicates event spans multiple days. Powered by MaxEnterprise ®, a product of Maximum Solutions, Inc. Page 118 of 285 9n) - Report No. RC 2010 -20, Shawn Binns, Director of Recreation a... Printed 05- Aug -10, 09:31 AM Page 3 of 4 23- Feb -11 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 25- Feb -11 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 25- Feb -11 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 27- Feb -11 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 02 -Mar -I 1 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 04- Mar -I 1 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 04 -Mar -1 I Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 06- Mar -11 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 09- Mar -11 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 11 -Mar -11 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 11- Mar -11 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 13-Mar-1 1 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 16- Mar -11 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 18- Mar -11 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 18- Mar -11 Fri GUTH Pad "A" Game 8:00 PM 10 :50 PM 180 148.00 0.00 444.00 20- Mar -11 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 23- Mar -11 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 25- Mar -11 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 25- Mar -11 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 27- Mar -11 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 30- Mar -11 Wed GUTH Pad "A" Game 7:30 PM 9:20 PM 120 148.00 0.00 296.00 01- Apr -11 Fri GUTH Banquet Hall Tournament 6:00 PM 12:00 AM 360 177.00 0.00 177.00 01- Apr -11 Fri GUTH Pad "A" Game 8:00 PM 10:50 PM 180 148.00 0.00 444.00 03- Apr -11 Sun GUTH Pad "A" Game 8:00 PM 9:50 PM 120 148.00 0.00 296.00 324.0 (hrs) Sub Total $30,888.00 Tag $0.00 Grand Total $30,888.00 CONTRACT SE SIGN AND RETURN ONE COPY OF THIS PERMIT WITH PAYMENT IMMEDIATELY. BOOKINGS ARE ATTVE UNTIL SIGNED PERMIT AND PAYMENT ARE RECEIVED. CHEQUES ARE TO BE MADE PAYABLE TO THE TOWNSHIP OF ORO- MEDONTE. iF cheques must be replaced immediately with either a money order, cash or certified cheque and a $20.00 fee must be added to amount of the dishonoured cheque. Interest will be charged at a rate of 15% per annum on all overdue accounts. Late payments failure to replace NSF cheques may result in cancellation of your booking. is mutually agreed that in the event it becomes necessary for the Parks & Recreation Department, through weather conditions, eakdown of equipment or any other cause, to cancel a sheduled event(s) at one of their facilities, the Parks and Recreation apartment will notify the person signing the permit. Every effort will be made to replace a booking which has been cancelled or a fund will be given. otice of a booking cancellation by permit holders must be given in writing to the Township Office. ancellation in writing more than 7 days in advance of rental date: $20.00 administration charge Full (100 %) refund of rental fee in writing within 7 days of rental date: ¢ imitates event spans muniple Clays. Powered by MaxEnterprise®, a product of Maximum Solutions, Enc. Page 119 of 285 9n) - Report No. RC 2010 -20, Shawn Binns, Director of Recreation a... Printed 05- Aug -10, 09:31 AM Page 4 of 4 - $20.00 administration charge - Full (100%) refund of rental fee if rental time is used by another renter - 50% refund of rental fee if rental time is not used by another renter Cancellation in writing less than 48 hours before rental date: - No refund of rental fee No cancellation notice ( "no- show "): - No refund of rental fee The exchange of booked time between individual teams or organizations is not permitted without proper written permission from the Parks & Recreation Department. No alcoholic beverages are allowed in any Township of Oro- Medonte facility without express permission from the Parks & Recreation Department. NOTE: Failure by any renter /group to adhere to the rental regulation/conditions noted herein may result in the cancellation of the renters /groups entire booking. WAIVER: The permit applicantlorganization agrees to hereby waive and forever discharge and INDEMNIFY AND SAVE HARMLESS the Corporation of the Township of Oro - Medonte, its employees, volunteers, partner organizations, sponsors, officers, and elected officials from all claims, damages, costs and expenses in respect to injury or damage to my /their person or property, however caused, which may occur as a result of my /their participation in the use/uses intended which will be held at the permit location/locations during the period of this permit including any additional dates later added to this permit. Notwithstanding the foregoing, this indemnification shall not apply to claims, damages, costs and expenses which the Corporation of the Township of Oro - Medonte shall or may become liable for by reason of any willful default or negligence of the Corporation of the Township of Oro - Medonte, its officers and employees. SIGNATURE: DATE: If not the named addressee of the permit, please print your name. Personal information contained on this form is collected pursuant to THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT, and will be used for the purpose of this permit. Questions about this collection should be directed to the Freedom of Information Co- ordinator, The Corporation of the Township of Oro - Medonte, 148 Line 7 South, Box 100, Oro, Ontario LOL 2X0 End of Listing * Indicates event spans multiple days. Powered by MaxEnterprise ®, a product of Maximum Solutions, Inc. Page 120 of 285 10a) - Mayor H.S. Hughes, correspondence dated July 21, 2010 f... OVO- k� The Corporation of the Town of Mailing Address: P.O. Box 910 New Tecumseth Alliston,Ontaric L9R lA1 Mike MacEachern, Mayor Administration Centre 10 Wellington SG E. Alliston, Ontario July 21, 2010 JS s 4 i Jul.. 1 9 20V i Web Address: www.town.newtecumseth.on.ca Email: mayor town newteeumseth.on ca Phone: (705) 435 -6219 or (905) 729 -0057 Fax: (705) 440 -1170 Association of Municipalities of Ontario Member Municipalities At its meeting of May 10, 2010, the Council of the Town of New Tecumseth considered the ramifications of the WSI Act as it pertains to the presumptive legislation for firefighters. Council expressed concern in regard to the grave impacts that the legislation will have on small municipalities with volunteer firefighters particularly in view of the retroactivity of claims. This creates a serious financial liability for small municipalities especially as there are no capping provisions in place at this time. It was the direction of Council that these concerns be brought to your attention so that further consideration could be given to reducing the hardship on municipalities with volunteer forces and that the Ontario government consider establishing a cap on the municipal portion to be paid in the event of such claims. We look forward to your favourable consideration in this matter. Yours truly, Mike MacEachern Mayor cc. Members of Council Page 121 of 285 10a) - Mayor H.S. Hughes, correspondence dated July 21, 2010 f... � The Corporation of the Town of New Tecumseth Moved by: Councillor Egan Resolution No: 2010 -108 Seconded by: Deputy Mayor Milne Date: May 10, 2010 BE IT RESOLVED THAT Report #HR- 2010 -01 be received; AND FURTHER THAT the Mayor be requested to send a letter to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario (AMO) member municipalities, and the Organization of Small Urban Municipalities (OSUM) expressing concern with the undeterminable significant financial impact that the policy decision regarding Presumptive Legislation for Fire Fighters may have on all municipalities particularly those which are in Schedule 2 of the WSI Act, and particularly having regard for the retroactivity of the legislation, and requesting that the Province establish a cap on the municipal portion payable for such claims; AND FURTHER THAT staff review whether there is an advantage for the municipality to elect to move to WSIB Schedule 1 from Schedule 2 and bring a report forward to Council at a future meeting. CARRIED 1, Jan Heydon, Deputy Clerk, certify that this is a true and accurate reproduction of Resolution No. 2010 -108, passed by the Council of The Corporation of the Town of New Tecumseth, on May 10, 2010, Meeting No. 2090 -08. Jan Heydon Page 122 of 285 10c) - Councillor Agnew, re: Correspondence from Councillor Agnew d... August 4, 2010 From: Councillor Sandy Agnew AUG 4 1090 R O - MEDONTE O To: Mayor and Members of Council, CAO and Clerk TOWNSHIP Re: Closed Session Discussion At the July 14, 2010 Council meeting Item 14f) was added as an addendum item. I feel strongly that the initial comments made during the closed session discussion of that item had nothing to do with the item as listed and were inappropriate for a closed session. If fact I feel that those same remarks were even inappropriate for discussion at the Council meeting itself. I am respectfully requesting that in future the Chair, Clerk and CAO be mindful of the rules for Closed Session discussion and curtail inappropriate discussion at the onset. Page 123 of 285 1 Of) - Councillor Mel Coutanche, correspondence dated August 8, 201... Marie To: Irwin, Doug Subject: RE: More pictures of continued drainage problems. From: Sabrina Lavigne Wilson [mailto:] Sent: Sunday, August 08, 2010 1:40 PM To: Hughes, Harry; Coutanche, Mel Subject: More pictures of continued drainage problems. Hello again Harry and Mel, As requested I am forwarding you some pictures to desmonstrate the continued drainage problems that have not yet been considered or addressed when dealing with planning an acceptable solution to this drainage problem. Please call us before droping by during the next rain fall, we would like share with you our observation of the rain flow on our cul -de -sac. Sabrina Lavigne Wilson 1 Page 124 of 285 1 Of) - Councillor Mel Coutanche, correspondence dated August 8, 201... Page 125 of 285 A + s 7 f • , s '•.P 1 F1 Yf i� 1... f . � t. Y. 1 ati • I�' l liu / �1 '4 ! (y�,'1� l �• �I ir''� � w li' YL�.1� y1 -n f• n' t � 1 I .f 1 t l c' ➢ 1 , ' � f l y �i•. I 4 �) 1 77 f y A f I N 1� Y }l L L J) I r tFry t Ih 1 ► Ir =n = t y F �y, J I ) y , � t , 1 Of) - Councillor Mel Coutanche, correspondence dated August 8, 201... Page 128 of 285 1 Of) - Councillor Mel Coutanche, correspondence dated August 8, 201... Page 129 of 285 Ate. _ 3' .�� , ,� F _ a..; r Y r 10g) - Councillor Coutanche, re: Private Kevin McKay Memorial Golf ... S .7 Al y . Kevin's life was taken from him by an Improvised Explosive Device just days bef first tour was to end. Kevin was the 144 Canadian casualty of the Afghan mi slon Kevin is survived by his father Fred, his mother Beth and his b i er Riley.' - will go directly , to Camp BUGKO to 17 with burn injuries T -heir re's variety of Weial, recreational and a place, where they can be i Page 131 of 285 10g) - Councillor Coutanche, re: Private Kevin McKay Memorial Golf ... 7fi1 oy l�clofzte 1'mud. NtvifnAt, fixr /ring Eururr 75.00 GUIDELINES —ZONING CERTIFICATE Description Required Submission Comments Status Application ✓ See Over ($75.00 fee) w E Minor Variance Application If applicable L o Site Plan Application If applicable Site Plan' ✓ c Floor Plan(s) ✓ Refer to Guide m a Exterior Elevations ✓ Refer to Guide Certified Lot Grading Approval If applicable ($2 000 lot grading deposit) °' • Refer to the Home Owners Guide for further details. Z "``° • Please note that additional information may be required following a full review of your permit application. • Development Charges may apply 2 COPIES OF ALL DRAWINGS / DOCUMENTS ARE REQUIRED Max. 11" x 17" Planning Division. Sta 'avlll "verify applicably r thorities for the proposed development. All cornments /approvals must be submitted with'4he building permit application to ensure a complete submission ® County of Sint LJ Lake Simcoe Region Conservation Authority .,,rig❑ Ministry of Transportation � r g Q �Jottawasaga Valley Conservatlarl Author i, y t�- ��z ti:v ..:� -•:: � : ���' �,s. 1 Site Plan must display all structures, including any proposed structure(s), displaying setbacks to any other buildings and all property lines. Septic system must also be displayed with its setbacks to any current and/or proposed structure(s). Drainage plan must also be shown. Page 132 of 285 10g) - Councillor Coutanche, re: Private Kevin McKay Memorial Golf ... Page 133 of 285 licable Deposit L:�4 Application for Zoning Certificate For use by Principal Aut hority ;. . _ Certificate application number: a Date received; , Roll number; A. Property information Building number, street name �� f � Unit number Lot/con. -° Municipality 0 d,�,��� Ppstal code y � 4-WI Plan number /other description I 0 Applicant Applicant is: t Qwrt�i r r AuthoriiET a ertt&'$; Last name 9E 7`FL6eS //as7 /7 6. First name Co poration or partnership � a _"" Street address Z n!,< A p �� J Unit number Lot/con. Municipality ®rzv � donEr� Postal code Gvr� �� 8 Province , Onti mil / 7o�.�!r7g jrf% /e /s /os cn Telephone number r (7 ; 3 Fax 73.? -3z 7 Cell number ( - 7,3r) yz,>" C Owner ) if different from a , licant Last name First name Corporation or partnership Street address Unit number Lot/con. Municipality Postal code Province E -mail Telephone number Fax Cell number D . Purpose of application ' s ;. _ _ 0 New construction Y Addition to an O Alteration /repair ❑ Demolition existing building Proposed use of building Current use of building Description of proposed work r q �^ I c7� Ifl./1`A ! 't A/ 7- A W EGA�i �0 X,ec -4 _ �i.... certify that: (print name) 1. The information contained in this application, attached plans and specifications, and other attached documentation is true to the best of my knowledge.. 2. 11 have authontt to bind the corporation or partnership (if applicable . C,titc g L G�JO t1 G� ate Sin of applicant Application for Zoning Certificate Page 133 of 285 10g) - Councillor Coutanche, re: Private Kevin McKay Memorial Golf ... 1 � n hi if Frond Herintge, Exciting Putsre: BUILDING PERMIT GUIDELINES TENTS A tent or group of tents is exempt from the requirements to obtain a permit provided they are: (a) not more than 60m (645 sq. ft.) in aggregate ground area, (b) not attached to a building, and (c) constructed more than 3m (9' -10 ") from other structures. Description Required Submission Comments Status • Zoning Certificate Approval ✓ • Nottawasaga Valley Conservation J Authority (NVCA) If applicable °� • Lake Simcoe Conservation Authority (LSRCA) If applicable CL Q • County of Simcoe If applicable • Ministry of Transportation (MTO) If applicable Building Permit Application W Schedule 1: Designer Information c "Structural" LL General Review Commitment Certificate Note: (Each Professional Engineer and /or Architect If applicable shall comment whether General Review is required for the p roject or under their associated Act N C ' Site Plan (including septic location) ✓ The supporting frame structure and anchora s ✓ .Please note that additional information may be required following a full review of your permit application. 7 4 2 COPIES OF ALL DRAWINGS/DOCUMENTS Page 134 of 285 ARE REQUIRED Page 134 of 285 10g) - Councillor Coutanche, re: Private Kevin McKay Memorial Golf ... Section 3.14. Tints and Al"upported Structures 1 W/ A �b' (See Appendix A-) 3.1.4.1.. Treats 3.14.1.1. Appilcatlo (1) Bxcept as provided in this:Subsection, tents are exctnpted •from complying with the requiretnents of this DjAskmL :1.14.1.2:. General (1) E><cept es pttav3ded in 5etuenoe (2), the rPquirenaettta.of this Subxctionshal[ aPPly to'alI tettt8., r, (2) A.rdoles 3:14A.. S.; 3.14.1:6: and 3:14.1.9. apply w tents trial. (a) do not exceed 325.& in ground ayes, (b) do to exceed 225 tn' in aggregaWground area and an closer than 3 in apart, (e) do no contain bleachers, and (d) are not.enclosed with sidewalls. 3.14.1.3. Means of Egress (1) F-�Pt � P =QV ided In Senter�s -aad {3); ants: sl�il sronfdrm,ta Secdons 3.3: and 3:4. (2) A Venn need not eonfo= to A rWe'14.6a L except where swing type doors are provwed. (3) Where the area between adjacent _tents-cc wont and tits property line is used as a meats of egrets; the miahnum width b&ween: stake lines shall be the width neressary:for mgpu:of egrass, but am less than 3. m: 3.14.1.4. Clearance to tither S#nteturea:: (1) Tents stall not:be erected closer tban 3 m to the property tine. (2) Excepr as, provlded in Senmoes (3);. (4) and (5); rents shall not be erected closer then 3 m to other tents or arueturea ou this same property. (3)' A iivatktvay between a buiA474S a td a tent occupied by die public 1s .permitted provided, fal the tennis -am closer than 3 m from the buflding;;and (b) the w.a&way.confor= (o Article 3.23,19. (4) '2`ettts not occupied by the puhlidnead nr?t be .saireratal frotp:oite: another, and are.petx;rttted: ro be etected.less than other .strumves on the same. property wlie a such closer spewg does as cteato-a hazard to the mtbiia. tSt Cents looated r>n fair groanda.or s'tti3m open spaces;: need imt t $eparat� bvsil pug sutnEer povidet' scr:h glow spacing does not create a hatard.to the'rublic. 3.14.141.- Clearances to Fhnt+riaablle.:N11N11arlat (1). 11e gra nd enclosed by a lest and for met less than 3 m ozWdeof such structure shall be cleared of'an na=mable o asathtrsd rnawxia) or vegeta&xt. bar`will -.C=9 firo. 3.14:4.8. Flume Resistanco (1) Fveq Dept, and tarpaulias,: dccarative materials, fabrics and aims used ink ithtsrsts. sl all .be derftf�d w CANIUMS109, 'Flame Tests of Flame- Res(stam.f'abrics.and Filue, or NFPA 701 a pke Tests fori'lamedtesistaoE Textiles and Films": 2.14.1.7. bleachers; (1) tVltrte #leachrtB. are provided in t�ls. i]sey altalt ]iC iiesigaCd'nt .vi,#it Articles 3 „3.2'. &. 3.3.Z.1(X adA Stirtisectioft 4.1.5x. 3.14.1A Sanitary Facilities (1) Except as provided id Sentence (3). the Minimum nun ter of Vsta t:losMIor tents shall be detertuined in- aceordlaft with Table 3.7.4,3.$: (2} Artic[e3.7.4:Ib., applies to san4tary feciiIties in 8etitcnce (k).. (3) Sanitary privies; cfieutit at closets of artier rneaos for fife disposal of human.waste May be prbvided`in'U of toilet futures. 3.14.1.3. Provision for Fire Fighting (1) Access shall ue provtoed:to'aA ants Emilie gmltoseof £m frog; � d fA 0 � D fb Page 135 of 285 10g) - Councillor Coutanche, re: Private Kevin McKay Memorial Golf ... Page 136 of 285 Application for a Permit to Construct or Demolish This form is authorized under the Building Code Sentence 2.4.1.1A.(2). Pr nci ai Auto Application number. Permit numhdr tCdift� rent i Date.received: Roll number-.. r G 2 0 / Application submitted to: 0 t (Name of municipality, upper -tier municipality, board of health or conservation authority) �tgfeet infarmation - Building number, street name Unit number Lot/con. L/� E f �, k� / Municipality �J�v i"��a6nr: Postal code Plan number /other descri tion �rZ-r Z// - z C_ ,Y" z 1C 301� Project value est. $ Area of work (m') B. Applicant Ap011cant is: O. Owner or ❑ Authorli gent of Dame Last name i �1d ST First name Corporation or partnership E dTGE� S Street address ` Unit number Lot/con. Mu n � ipality (f/ " b Postal cod Pr}�vin E -mail - oE /., Telephone number _ ( b �) 7 33 - ���s Fax Cell number / (7')X33 °�Z (703 ) 7 A - V75 V C,I;• r e>�' otcjlff rer'G:from a :.scant I Pp -- Last name ,. First name Corporation or partnership Street address Unit number Lot/con. Municipality Postal code Province E -mail Telephone number Fax Cell number D. 6bilder' (op tlOnal) Last name ® tl4e /E /�/�pT //V/ Fi t name orp Coration or partnership (if applicable) Street address Unit number Lot/con. Municipality Postal code Province E -mail Telephone number Fax Cell number E. _Purpose ofiaPp�tp`�� "� I ' - ;� �Ifi;� ';, � �- � ' t ❑ New construction ❑ Addition to an ❑ Alteration /repair ❑ Demolition Conditional existing building Permit Proposed use of building Current use of building JC C,—< /0 6 _ a 1 Description of proposed work_ / / &k7 lost, a �� �!✓�6 �.� 16!5 C6_=/ 7 r171� TaribmWarranty Corporation (Ontario New Home Vgarranty Prograrii� i. Is proposed construction for a new home as defined in the Ontario New Home ❑ Yes ❑ No Warranties Plan Act? If no, go to section G. ii. Is registration required under the Ontario New Home Warranties Plan Act? ❑ Yes ❑ No iii. If yes to (ii) provide registration number(s): Page 136 of 285 10g) - Councillor Coutanche, re: Private Kevin McKay Memorial Golf ... G. Attachments s , i. Attach documents establishing compliance with applicable law as set out in Article 1.1.3.3. ii. Attach Schedule 1 for each individual who reviews and takes responsibility for design activities. iii. Attach Schedule 2 where application is to construct on -site, install or repair a sewage system. iv. Attach types and quantities of plans and specifications for the proposed construction or demolition that are prescribed by the by -law, resolution, or regulation of the municipality, upper -tier municipality, board of health or conservation authority to which this application is made. H. Declaration of applicant certify that: (print name) 1. The information contained in this application, eecbed schedules, attached plans and specifications, and other attached documentation is true to the best of my know) e. 2. 11 have authority to bind the corporation or partne a pli le . za1 � !Lit sr Ef ate Si nature of applicant Personal information contained in this form and schedules is collected under the authority of subset i ) of the Building Code Act, 1992, and will be used in the administration and enforcement of the Building Code Act, 1992- Questions about the collection of personal information may be addressed to: a) the Chief Building Official of the municipality or upper -tier municipality to which this application is being made, or, b) the inspector having the powers and duties of a chief building official in relation to sewage systems or plumbing for an upper -tier municipality, board of health or conservation authority to whom this application is made, or, c) Director, Building and Development Branch, Ministry of Municipal Affairs and Housing 777 Bay St„ 2nd Floor. Toronto, M5G 2E5 (416) 585 -6666. Application for a Permit to Construct or Demolish 06/07/05 Page 137 of 285 10g) - Councillor Coutanche, re: Private Kevin McKay Memorial Golf ... Page 138 of 285 Schedule 1: Designer Information Use one form for each individual who reviews and takes resQonsibility for design activities with respect to the ro'ect. iLE 1 5 II a t I - ! 1 iT ry y� • I. tl � l I u 1�i -_.. Building number, street name Unit no. Lot/con. Municipality Postal code Plan number/ other description BlndlydualwFro reviats aid, t�ter;R§spons�ltl. i; = ': Offlw Name .. Firm Street address Unit no. Lot/con. Municipality Postal code Province E -mail Telephone number Fax number Cell number 1 ^� 1nsNia d4ttgk-erCb fn f 1 'C - dWl'cif�a4identit�ect In Se�f'ib B [Bu"OftA�,�i!2., " "91111 ❑ House ❑ HVAC —House ❑ Building Structural ❑ Small Buildings ❑ Building Services ❑ Plumbing — House ❑ Large Buildings ❑ Detection, Lighting and Power ❑ Plumbing —All Buildings ❑ Complex Buildings ❑ Fire Protection ❑ On -site Sewage Systems Description of designer's work declare that (choose one as appropriate): (print name) ❑ 1 review and take responsibility for the design work on behalf of a firm registered under subsection 2.17.4. of the Building Code. I am qualified, and the firm is registered, in the appropriate classes /categories. Individual BCIN: Firm BCIN: ❑ I review and take responsibility for the design work and am qualified in the appropriate category as an "other designer" under subsection 2.17.5. of the Building Code. Individual BCIN: Basis for exemption from registration: ❑ The design work is exempt from the registration and qualification requirements of the Building Code. Basis for exemption from registration and qualification: I certify that: 1. The information contained in this schedule is true to the best of my knowledge. 2. 1 have authority to bind the corporation or partnership (if applicable). Date Signature of Designer "For the purposes of this form, "individual" means the "person" referred to in Clause 2.17.4.7.(1)(d), Article 2.17.5.1. and all other persons who are exempt from qualification under Subsections 2.17.4. and 2.17.5. NOTE: 1. Firm and Individual BCIN numbers are not required for building permit applications submitted prior to January 1, 2006 2. Schedule 1 does not need to be completed by architects, or holders of a Certificate of Practice or a Temporary License under the Architects Act. Application for a Permit to Construct or Demolish Schedule 106107/05 Page 138 of 285 10g) - Councillor Coutanche, re: Private Kevin McKay Memorial Golf ... Schedule 2: Sewage System Installer Information A. Project Informatio Vii, r y Building number, street name Unit number LoUcon. Municipality Postal code Plan numbed other description B. Sewa s stem installer g e Y Is the installer of the sewage system engaged in the business of constructing on -site, installing, repairing, servicing, cleaning or emptying sewage systems, in accordance with Building Code Article 2.18.1.1? ❑ Yes (Continue to Section C) ❑ No (Continue to Section E) ❑ Installer unknown at time of application (Continue to Section E) C. Re (stereo install r 9 oformait! tiQWhere answer to 41* �i _ Name BC I N Street address Unit number Lot/con. Municipality Postal code Province E -mail Telephone number Fax Cell number ni ,"' n;AR ,.. _ _ c .�. _, �� f iii fife su rvisor in #orm wher an ° ' ection; _ Name of qualified supervisor(s) Building Code Identification Number (BCIN) E. Declaration `licant 2 _ declare that: (print name) ❑ I am the applicant for the permit to construct the sewage system. If the installer is unknown at time of application, I shall submit a new Schedule 2 prior to construction when the installer is known; OR ❑ 1 am the holder of the permit to construct the sewage system, and am submitting a new Schedule 2 now that the installer is known. I certify that: 1. The information contained in this schedule is true to the best of my knowledge. 2. 1 have authority to bind the corporation or partnership (if applicable). Date Signature of applicant Application for a Permit to Construct or Demolish Schedule 2 06/07/05 Page 139 of 285 10g) - Councillor Coutanche, re: Private Kevin McKay Memorial Golf ... Building Type: Construction Type: Heating System Building Size: No. of Bedrooms: (i.e. Single Family Dwelling, Accessory Building, Agricultural Building) (i.e. New Construction, Renovation /Alteration) Primary: Secondary: Basement: Main Floor: Second Floor: sq.ft. sq. ft. sq.ft. sq. ft. Attached Garage: No. of Woodstoves / Fireplaces: Deck / Porch / Veranda Size: Fixture Units: (include roughed -in plumbing) Description # of Units per Fixture # of Fixtures Fixture Count Toilet 4 Wash Basin 1.5 Bathtub or Shower 1.5 Bidet 1 Kitchen Sink 1.5 Washing Machine 1.5 Laundry Tub 1.5 Dishwasher 1.5 Other 1.5 'total Fixture Unrts 01!Q1I�. sq. ft. sq. ft. sq. ft. sq. ft. I here -in certify that the above information is correct and corresponds with the permit drawings and documents and shall notify the Chief Building Official of all revisions. Signature (Owner or Agent) Print Name Date Page 140 of 285 11 a) - Minutes of Lake Simcoe Region Conservation Authority board rn Reg n 11A0D° BOARD OF DIRECTORS' MEETING NO. BOD -06 -10 Ahority Conservation Friday, June 25` 2010 120 Bayview Parkway (Boardroom) NEWMARKET, ON MINUTES Board Members Present Councillor V. Hackson, Chair Councillor S. Agnew Mr. E. Bull Councillor G. Campbell Councillor B. Drew, Vice -Chair Councillor K. Ferdinands Mayor R. Grossi Regional Councillor H. Herrema Councillor A. Nuttall Regional Councillor J. Taylor Councillor J. McCallum Councillor J. O'Donnell Councillor J. Rupke Deputy Mayor G. Wauchope Mayor J. Young Regrets: Councillor B. Huson Regional Councillor J. Grant Councillor E. MacEachern Mayor R. Stevens Staff Present D. G. Wood, Chief Administrative Officer R. Jarrett, General Manager, Communications & Education B. Kemp, General Manager, Conservation Lands J. Lee, General Manager, Corporate & Financial Services M. Walters, General Manager, Watershed Management R. Baldwin, Director, Planning & Development Services B. Booth, Manager, Planning, Regulations & Enforcement B. Thompson, Conservation Lands Planner S. Brockman, Enviro. Planning /Customer Services Rep. D. Williams, Manager, Educational Services K. Kennedy, Land Securement Officer G. Casey, Coordinator, BOD /CAO, Projects & Services D. Campbell, GIS Coordinator (Presentation only) J. Milner, LSCF (Presentation only) Guests: G. Hunter, Hill Hunter Losell Law Firm J. Mesquita, Gowlings Lafleur Henderson B. Blacktopp, Zephyr Peat Land Harvesting T. Pickering(re: Zephyr Peat Land Harvesting) K. Dickob(re: Zephyr Peat Land Harvesting) I. DECLARATION OF PECUNIARY INTEREST None noted for the record of this meeting. II. APPROVAL OF THE AGENDA Moved by: J. Rupke Seconded by: E. Bull BOD- 086 -10 RESOLVED THAT the content of the Agenda for the June 25 2010, meeting of the Board of Directors be approved as amended to include the Tabled Item Confidential Staff Report No. 40- 10 -BOD. CARRIED Page 141 of 285 11 a) - Minutes of Lake Simcoe Region Conservation Authority board rn Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -06 -10 June 25 2010 — Minutes Page 2 of 10 III. ADOPTION OF THE MINUTES (a) Board of Directors Councillor Sandy Agnew identified the incorrect spelling of his name on page 4 of the minutes. Moved by: S. Agnew Seconded by: J. O'Donnell BOD- 087 -10 RESOLVED THAT the minutes of the Board of Directors Meeting No. BOD -05 -10 held on May 28 2010, be adopted as amended to reflect the correct spelling of Councillor Agnew's name on page 4. CARRIED (b) Administrative Committee The Board dealt with the minutes of the Administrative Committee meeting held on June 17 2010, regarding the Authority's Budget Assumptions and Timing for 2010. The CAO advised that staff are currently engaged in 2010 budget discussions with both the Regions of Durham and York and further advised staff will be contacted the lower tier municipalities in August to begin such discussions. A further report will be brought to the Board in September which will reflect the results /feedback related to the preliminary discussions. Moved by: B. Drew Seconded by: H. Herrema BOD- 088 -10 RESOLVED THAT the minutes of the Administrative Committee meeting No. AC -04 -10 held on June 17 2010, be received; and FURTHER THAT recommendations contained within the minutes be approved as presented. CARRIED IV. ANNOUNCEMENTS Annual Conservation Awards Chair Hackson reminded the Board Members that nominations for the LSRCA's Annual Conservation Awards are due on July 16 2010. Following are the categories: • Water Conservation • Soil Conservation • Education Page 142 of 285 11a) - Minutes of Lake Simcoe Region Conservation Authority board rn Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -06 -10 June 25 2010 — Minutes Page 3 of 10 • Media Recognition • Conservation Award of Merit • NEW— Ernie Crossland Young Conservationist Award • George R. Richardson Award of Honour Chair Hackson directed the Board to contact staff should they have any questions related to projects completed within their municipalities in terms of meeting the established criteria for each category. The celebration will be held in October, date to be confirmed. General Manager, Communications and Education The CAO introduced Renee Jarrett as the newest member of the LSRCA Executive Management Team having accepted the position of General Manager, Communications and Education effective June 14 2010. Renee joins the Authority from the Ontario Ministry of the Environment where she was the Project Management Coordinator for the Lake Simcoe Protection Plan implementation project. Her prior experience includes more than 25 years with the Toronto Region Conservation Authority leading projects and programs in water resources engineering, planning and regulation, and education and communications. Clean Air Commute Challenge The CAO announced the LSRCA's participation in the Clean Air Commute Challenge the week of June 14 2010; a workplace initiative offered by Smart Commute in an effort to save 1.53 tonnes of pollution. To encourage participation, Pollution Probe donated a Raleigh bicycle as a draw price for those who participated. Judy Milner, Project Assistant, Lake Simcoe Conservation Foundation, was the lucky winner of the bicycle. The CAO extended a special thanks to Rob Wilson, LSRCA for leading this event for staff, and also extened thanks to Smart Commute of York Region and Pollution Probe, and of course to all staff who participated in this event. Staff recognized as contributing the most to the pollution reduction included: • Warren Yerex (219.4 kg) • Jo -Anne Rzadki (163.85 kg) • Darren Campbell (129.12 kg) Page 143 of 285 11 a) - Minutes of Lake Simcoe Region Conservation Authority board rn Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -06 -10 June 25` 2010 — Minutes Page 4 of 10 V. PRESENTATIONS (a) Beaver River Wetland Conservation Area Management Plan The Board dealt with and approved Staff Report No. 33- 10 -BOD regarding the Beaver River Wetland Conservation Area Management Plan and received a presentation from the Authority's Conservation Lands Planner related to the Management Plan. The completion of the Beaver River Wetland Conservation Area Management Plan is one in a series of Management Plans to be completed for the Authority's Conservation Areas as identified in the LSRCA's Business Plan. Moved by: G. Wauchope Seconded by: J. McCallum BOD- 089 -10 RESOLVED THAT Staff Report 33- 10 -BOD regarding the Beaver River Wetland Conservation Area Management Plan be received; and THAT the Management Plan and associated Business Plan be approved; and THAT Conservation Authority staff continue to pursue funding and in- kind support to implement the recommendations of the Management Plan; and FURTHER THAT staff be directed to use the Beaver River Wetland Conservation Area reserve, as and if required, to a maximum of $25,000. CARRIED Chair Hackson, on behalf of the Board, extended thanks and recognition to the General Manager, Conservation Lands and his Team for the great work they are doing with the Authority's properties. VI. HEARINGS (a) Zephyr Peat Land Harvesting (Bruce Blacktopp) Township of Uxbridge, Part Lot 31, Concession 3 Chair Hackson read the Opening Remarks related to the process and purpose of this Hearing. The Authority's Manager, Planning, Regulations and Enforcement provided a presentation related to Staff Report No. 34- 10 -BOD and the application submitted by Zephyr Peat Land Harvesting (Bruce Blacktopp) to excavate twenty (20) finger lakes each measuring up to 60.9 metres (200 feet) in length, 12.2 metres (40 feet) in width and 5.5 Page 144 of 285 11 a) - Minutes of Lake Simcoe Region Conservation Authority board rn Lake 5imcoe Region Conservation Authority Board of Directors Meeting No. BOD -06 -10 June 25 2010 — Minutes Page 5 of 10 metres (18 feet) in depth for the rearing of fish at the East Half Lot 31, Concession 3, 14060 Fourth Concession, Township of Uxbridge, Regional Municipality of Durham. • It was confirmed that while a small portion of the property is outside the wetland, the remainder of the site is within the wetland and the entire area is regulated. • Staff expressed concern that by approving this application a precedent will then be set and the Board will find themselves dealing with more applications involving works within wetlands /peat lands. • The applicant is looking for a way to transition his peat farming business into an aquaculture operation. • The Board approved a permit in 2008/2009 for Mr. Blacktopp to continue harvesting on site indicating that no further disturbances could take place on the property. Mr. Blacktopp had both hydrology and hydraulics studies done for his property. • It is not possible to apply a cut and fill condition to this application as it is not possible to return a wetland to its original state once it has been disturbed or to create a wetland to compensate for the cut. • The responsibility of the LSRCA is to enforce Ontario Regulation 179/06. The issue related to the aquaculture operation rests solely with MNR and the permit must be issued only by MNR. Ms. Jennifer Mesquita, Gowlings, Lafleur, Henderson presented to the Board of Directors on behalf of the applicant. • The overall site is estimated to be 250 acres with 2 -5 acres being used for the purpose of aquaculture. • The applicant received a permit from the Board to develop phase 2 of the operation — the finishing tanks — the current application is for phase 1 of the operation - the rearing tanks. • All sizing and sorting of the fish will be done on site. • Mr. Blacktopp has continuously adhered to the rules and consideration must be given that there has been a lot of movement in the "rules ". Page 145 of 285 11 a) - Minutes of Lake Simcoe Region Conservation Authority board rn Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -06 -10 June 25` 2010— Minutes Page 6 of 10 • Mr. Blacktopp had an EIS done at his own expense which identified that there is enough of a buffer zone between the proposed site and the creek — this would remove the concern around setting precedent. • This is a transitional process — without the requested permit, there will be no opportunity to use the other ponds. • It was confirmed that this application will not expand any further lands for the purpose of peat extraction. LSRCA Board proposed that the applicant register on title the land delineation relative to this application in order that no further applications be brought forward. • Extracted peat takes approximately 8 months to dry. Extracted peat will be stored on the existing property to dry. • Current ponds cannot be used for the rearing ponds as they are too shallow and not large enough to be sub - divided as many times as needed. The rearing ponds are segregated by species. The Board requested a 5 minute recess in order to consult with legal counsel regarding the wording for the resolution. Moved by: J. Rupke Seconded by: G. Wauchope RESOLVED THAT the Board of Directors move to a five minute recess for the purpose of consulting with legal counsel on the wording to be used for this resolution. CARRIED Moved by: H. Herrema Seconded by: J. Rupke BOD- 090 -10 RESOLVED THAT STAFF REPORT NO. 34- 10 -BOD regarding the application of Zephyr Peat Land Harvesting to create finger ponds to allow for completion of fish farming operations in the Township of Uxbridge, Part 31, Concession 3, be received; and FURTHER THAT the application be conditionally approved subject to: (1) The lands subject to the application be defined to the satisfaction of staff by way of reference plan; and Page 146 of 285 11 a) - Minutes of Lake Simcoe Region Conservation Authority board rn Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -06 -10 June 25` 2010 — Minutes Page 7 of 10 (2) The applicant and LSRCA enter into an agreement that the balance of the applicants lands will be subject to a registered restriction prohibiting the lands from further development, as that term as defined in Section 28 of the Conservation Authorities Act, in a form acceptable to LSRCA's solicitor; and (3) THAT the restrictions referred to above be registered on title under the Conservation Lands Act and that the applicant provide an easement to the LSRCA, in a form acceptable to the LSRCA's solicitor, permitting the LSRCA to enter onto the lands for the purposes of enforcing the restrictions; and (4) THAT the applicant shall provide three(3) copies of the necessary reference plan of survey to the LSRCA at the applicant's expense; and (5) THAT the applicant, along with LSRCA staff, develop a monitoring plan for the site acceptable to the LSRCA staff. CARRIED VII. DEPUTATIONS There were no Deputations scheduled for this meeting. VIII. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2 and 5 were identified for separate discussion. IX. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by: G. Campbell Seconded by: R. Grossi BOD- 091 -10 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 3. Monthly Communications Update BOD- 092 -10 RESOLVED THAT the Monthly Communications Update — Summary, for the period May 1 to 31, 2010, be received for information. Page 147 of 285 11a) - Minutes of Lake Simcoe Region Conservation Authority board rn Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -06 -10 June 25` 2010 — Minutes Page 8 of 10 4. Budget Status Report BOD- 093 -10 RESOLVED THAT Staff Report No. 35- 10 -BOD regarding the Authority's Budget Status for the five month period ending May 31 2010, be received. 6. Fees Schedule — Education Services Program BOD- 094 -10 RESOLVED THAT Staff Report 37- 10 -BOD regarding the 2010/2011 Fee Schedule for the Authority's Education Services programs be received for information and approved for implementation starting July 1st, 2010. X. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation 179/06 Councillor O'Donnell requested that the permit summary include the information related to the location of the property. Staff will review this request and advise if this is possible. BOD- 095 -10 RESOLVED THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 179/06 be received for information. CARRIED 2. Correspondence Councillor O'Donnell requested an update on the letter submitted to Minister Gerretsen in relation to the funding request for the implementation of the Lake Simcoe Protection Plan. Chair Hackson responded that the Ministry of the Environment continues to review the funding request and the Board will be advised once communication is received from the Ministry. Moved by: B. Drew Seconded by: J. Taylor BOD- 096 -10 CARRIED RESOLVED THAT the Correspondence listed in the agenda as Item 2 (a) through (b) be received as information. Page 148 of 285 11a) - Minutes of Lake Simcoe Region Conservation Authority board m... Lake Simcoe Region Conservation Authority Board of Directors Meeting No, BOD -06 -10 June 25 2010 — Minutes Page 9 of 10 4. Proposed Water Opportunities — EBR Comments The Board dealt with and approved Staff Report No. 36- 10 -BOD which included the comments of staff in response to the proposed water opportunities as posted on the EBR. Comments will be submitted on behalf of the LSRCA by July 17 2010. Moved by: J. Young Seconded by: R. Grossi BOD- 097 -10 RESOLVED THAT Staff Report No. 36- 10 -BOD regarding comments on Bill 72, the Water Opportunities and Water Conservation Act, 2010 be approved; and FURTHER THAT staff respond to the Environmental Registry, Environmental Bill of Rights (EBR) posting number 010 -9940 by providing the comments contained within this Staff Report prior to the deadline of July 17, 2010. CARRIED XI. CLOSED SESSION Moved by: J. Rupke Seconded by: S. Agnew BOD- 098 -10 RESOLVED THAT the Authority's Board of Directors move to Closed Session to deal with confidential land matters; and FURTHER THAT the LSRCA's Executive Management Team, Manager, Planning, Regulations and Enforcement, Lands Securement Officer and Coordinator, Board /CAO remain in the meeting during the Closed Session Discussion. Moved by: G. Wauchope Seconded by: J. McCallum BOD- 099 -10 RESOLVED THAT the Authority's Board of Directors rise from Closed Session. (a) Land Securement Initiatives Moved by: R. Grossi Seconded by: G. Wauchope BOD- 100 -10 RESOLVED THAT Confidential Staff Report No. 32- 10 -BOD regarding a confidential land securement matter be received; and FURTHER THAT the recommendations contained within this Confidential Staff Report be approved. Page 149 of 285 11 a) - Minutes of Lake Simcoe Region Conservation Authority board rn Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -06 -10 June 25 2010 — Minutes Page 10 of 10 (b) Land Securement Initiatives Moved by: R. Grossi Seconded by: S. Agnew BOD- 101 -10 RESOLVED THAT Confidential Staff Report No. 38- 10 -BOD be received; and FURTHER THAT the recommendations contained within this Confidential Staff Report be approved. CARRIED (c) Legal Report Moved by: J. Young XII III Seconded by: J. Rupke BOD- 102 -10 RESOLVED THAT Confidential Staff Report No. 39- 10 -BOD regarding a confidential legal matter be received; and FURTHER THAT the recommendations contained within this Staff Report be approved. (d) Land Securement Initiatives (Tabled Report) Moved by: J. Rupke Seconded by: J. McCallum BOD- 103 -10 RESOLVED THAT Confidential Staff Report No. 40- 10 -BOD be received; and FURTHER THAT the recommendations contained within this Confidential Staff Report be approved. CARRIED OTHER BUSINESS (a) Cancellation: August Board Meeting The Board Meeting scheduled for August 27` 2010 is cancelled. ADJOURN Meeting adjourned at 12:30 p.m. on a motion by R. Grossi. Original signed by: Councillor V. Hackson Chair Original signed by: D. Gayle Wood, cmm III Chief Administrative Officer Page 150 of 285 11 a) - Minutes of Lake Simcoe Region Conservation Authority board rn Announcements: Administrative Assistant, Watershed Management • The Board welcomed Theresa Vien, Administrative Management. Theresa has over 20 years experienc e Municipality of York. Presentations: Scanlon Creek Bark Park Brian Kemp, General Manager, Conservation Scanlon Creek Bark Park which officially opi 2010. This Park was made possible through i and volunteers. A photo collage was presented to Brenda Foundation and Councillor John McCallum, B Councillor McCallum indicated that the Park received and the complimentary letters to tl congratulations to all those involved for a jol: Neighbourhood Network Mr. John Crowell and Mr. Tom Taylor, at Network in order to share details related to 23, 2010 and to thank Authority staff for thei Authority staff assisted Neighbourhood Netti involvement of local community schools, 900 This will become an annual event every April; Assistant to the General Manager, Watershed in this field, most recently with the Regional Page 151 of 285 11 a) - Minutes of Lake Simcoe Region Conservation Authority board rn Scanlon Creek Outdoor Education Program • The Board dealt with Staff Report No. 41- 10 -BOD and received a presentation from Mr. Fred Galloway, FJ Galloway Associates Inc., regarding the results of the Scanlon Creek Strategic Marketing Plan. • Staff will continue to pursue options for the future of this program and will be providing the Board with their recommendations in early 2011. Source Water Protection • The Board dealt with Staff Report No. 42- 10 -BOD and received a presentation from the Director, Source Protection Planning in relation to the program and the process for the completion and submission of the Technical Assessment Reports. • The Board was reminded that an extension was sought from the Province in regard to the timeline for the submission of this final report and the Province has approved a submission date of December 17th, 2010 with no further extension permitted. • The Director advised of the following process as mandated by the Clean Water Act: ✓ Posting the Draft Proposed Assessment Reports on the Source Protection web site (www.ourwatershed.ca), ✓ Placing advertisements in local newspapers informing the public that the Draft Proposed reports are available for public review and comment and announcing public open houses, ✓ Circulating a notice to municipal clerks, Chiefs of First Nations, neighbouring Source Protection Committees, and local Source Protection Authorities that the Draft Proposed reports are available for review and comment and announcing open houses, ✓ Sending letters to landowners that might be engaged in an activity identified as a significant threat informing of that potential, and encouraging them to attend the open houses to engage in the process, ✓ Compiling all comments received for consideration by the Source Protection Committee, ✓ Revising the Assessment Report as appropriate based on the comments received, ✓ Posting the (revised) Proposed Assessment Reports on the Source Protection web site ( www.ourwatershed.ca), ✓ Placing advertisements in local newspapers informing the public that the Proposed reports are available for public review and comment and announcing public open houses, ✓ Circulating a notice to municipal clerks, Chiefs of First Nations, neighbouring Source Protection Committees, and local Source Protection Authorities that the Proposed reports are available for review and comment and announcing open houses, and ✓ Compiling all comments received. • Two municipal workshops (targeted for municipal staff and elected officials) are planned for the purpose of facilitating a review of the Assessment Reports (September 7 11 and 8 In addition there will be public open houses scheduled for late September. Page 152 of 285 11a) - Minutes of Lake Simcoe Region Conservation Authority board m... Water Reuse — Feasibility Study • The General Manager, Watershed Science, provided a presentation related to the Water Reuse Feasibility Study which was undertaken. • Water reuse involved the reclamation or reuse of treated wastewater from sewage treatment plants for permitted uses. • Conclusions from the study indicate that water reuse represents an opportunity to: ➢ Reduce phosphorus loading to Lake Simcoe; ➢ Reduce the stress on drinking water supplies; ➢ Provide a cost effective alternative solution to conventional waste water treatment. • Municipalities are encouraged to evaluate water reuse opportunities as part of their servicing option for wastewater treatment now and into the future. Staff Reports Budget Status Report - Update • The Board received and approved Staff Report No. 43- 10 -BOD regarding the status of the Authority's budget for the period ending June 30, 2010. • Staff advised that they continue to track expenditures and will provide an updated report on the Authority's budget position at their September 2010 meeting. Annual Conservation Awards • The Board dealt with and approved Staff Report No. 44- 10 -BOD which included the approval of the 2010 Conservation Awards being held on October 6 The event will take place at Madsen's Greenhouse — Newmarket, beginning at approximately 6:30 p.m. Innisfil Hydrology Study — Results of Request for Proposals • The Board dealt with and approved Revised Staff Report No. 47- 10 -BOD regarding the results of the Request for Proposals. • Staff advised they are very pleased with the submissions received and are confident with awarding the contract to URS Canada Inc. Page 153 of 285 11a) - Minutes of Lake Simcoe Region Conservation Authority board rn Peat Farmers of Ontario — Update • The Board dealt with and approved Staff Report No. 48- 10 -BOD regarding a Discussion Document provided by the Peat Farmers of Ontario. • Staff will seek further information /legal opinion from the Ministry of Natural Resources in relation to the Crown Land Patent Grants and will report back to the Board once this information is received. Other Business Beaver River Wetland Conservation Area Management Plan • Regional Councillor John Grant extended thanks to the Board of Directors for their support in the approval of the Beaver River Wetland Conservation Area Management Plan which was presented at the June Board meeting, advising that this is a great step forward in the protection of such valuable assets in the watershed. • R/C Grant advised that he had the honour of Chairing this Committee and thanked all the Committee Members, in particular Authority staff, for their continued dedication and guidance in developing this Plan, which he is pleased to say, reflects the comments and concerns heard during the process. Page 154 of 285 11 b) - Correspondence dated July 9, 2010 from Fred Hahn, President,... JUL 15 1010 SCFP 305 Milner Ave, Suite 801 CJi3t'3 l %: }HF Scarborough, ON M113 3V4 s r;:�'�� � Si-f i F Phone: 416- 299 -9739 . Fax: � - 348i3'�r Ontari Web: cupe.on.ca E -mail: cupeont @web.net July 9, 2010 To Mayors and Councils, We are writing to ask that you and your Council endorse a day of recognition for the many people who work providing care to children in your community. This year will mark the 10` Anniversary of our Awareness Day which recognizes the education, skills, commitment and dedication of Early Childhood Educators and Child Care Staff. The Ontario Coalition for Better Child Care ( OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that Wednesday October 27. 2010 be proclaimed as Child Care Worker & Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible high quality child care. These benefits come from the number of people employed in the child care industry and because the availability of child care allows parents to work and to contribute to the economic life of society. Even if your Council does not issue official proclamations, there are many ways for your municipality to participate in and celebrate this special day. We ask your Council to sponsor public announcements, display our posters and distribute buttons. Many municipalities also organize events and contests for the day or have Councillors or the Mayor participate in events hosted by child care centres within the municipality. A list of ideas and examples is attached. We hope that your proclamation of this day of appreciation, or your active support, will encourage and promote a day of community recognition for child care workers. Please fax the attached order to request posters and buttons to help you raise awareness and celebrate. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating child care workers across Ontario on October 27 Please direct any correspondence on proclamations and/or celebration activities to the attention of Kathy Johnson, by mail: CUPE, 305 Milner Avenue, Suite 800, Scarborough, ON M1B 3V4, or by fax: 416 - 292 -2839. Thank you for your consideration. Fred Hahn President, CUPE Ontario cc: CMSMs/DSSABs 4 1K, ` Tracy Saarikoski President, OCBCC :us/ copeOl Page 155 of 285 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... Brissette, Marie To: Irwin, Doug Subject: RE: [!! SPAM] FW: Drinking Water Source Protection - Threats Assessment & Landowner Notification From: Megan Price [ma I Ito: M.Price @lsrca. on. ca] Sent: July 13, 2010 9:59 AM Cc: Don Goodyear; Idollin @innisfil.ca; Kim Garraway; Ryan Post; keith sherman; Susan Jagminas Subject: Drinking Water Source Protection - Threats Assessment & Landowner Notification DRINKING WATER ' " "`h°`"'�"t S 4URC EP_ kouc oN . �� ��� ��� Wurn Prwc tkm _ j N[riMF ACT FOR CLEAN WATER \ A%' TO: Clerks and CAOs of the South Georgian Bay Lake Simcoe Source Protection Region, This letter is to inform you that the South Georgian Bay Lake Simcoe Source Protection Committee is preparing an assessment report which will identify threats to municipal drinking water in the region. As part of this report, and mandated under the provincial Clean Water Act, the committee is required to mail a notification to landowners that the committee believes are, or could be a threat to drinking water. Some residents in your municipality will be receiving this letter. The Assessment Report will map the areas where drinking water sources are vulnerable to contamination or overuse. It will look at human activity in these vulnerable areas and assess its risk of contaminating the water supply. In a vulnerable area, a parcel of land with a septic system, or one with fuel storage might be considered a threat to a water supply. Other things that might be threats include the application of agricultural material, the spilling of chemicals or waste into the environment and the handling of non - agricultural source material. A complete list of threats can be found on our website at http: / /ourwatershed.ca /documents /assessment report /threatslist.php In the first week of September, approximately 20, 000 letters will be sent to residents in the 52 municipalities which make up the South Georgian Bay Lake Simcoe Source Protection Region. These residents will receive one of two letters: the first to residents who are in an area where a number of things may be considered a "significant threat ", the second to residents whose location dictates that they may only be considered a threat for the use or storage of dense, non - aqueous phase liquids (DNAPLs). The letters can be found online at http: / /ourwatershed.ca /committees /spcmeetings.php Some municipalities straddle two source protection regions, and residents in their municipalities have gotten, or will be getting a similar notification from source protection regions adjacent to the South Georgian Bay Lake Simcoe Region. The region has, and continues to be committed to keeping our municipal partners involved in this process. In 2009, we held 4 workshops for municipal staff and councillors to familiarize themselves with Source Water Protection Planning. We have, and continue to present to municipal councils in the region and the Municipal Working Group, which is made up of municipal representatives from the Source Protection Committee and interested municipalities, works on municipalities' behalf at the Committee. To support municipalities in the coming months, when it is recognized that some members of the public may get their first exposure to source protection planning, the region is offering a number of initiatives. • Staff at each municipality will have the opportunity to review the technical data (including threats enumeration) with consultants and the region's staff prior to its inclusion in the report. 1 Page 156 of 285 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... • Staff will also be forwarded a number of communications documents, also included in this email. • After the release of the draft proposed assessment report to the public, the region will be hosting two additional workshops so that staff and councillors can become more familiar with the results of the assessment report. These sessions will be held on the mornings of the 7 and 8th of September in Wasaga Beach and Beaverton, respectively. They will offer information on planning, communications, threats calculation and other technical information. For those unable to attend in person, the opening and closing plenaries will be webcast. Sign up will be available at the region's website at www.ourwatershed.ca in the coming weeks. As part of the consultation, all clerks of all the regions' municipalities will be receiving an electronic copy of the draft proposed assessment report • During the consultation period, municipalities will have an opportunity to formally comment on the draft. In addition to these events and opportunities for consultation, a number of documents have been prepared to support both members of the public receiving threats notifications, as well as those staff and councillors who may be talking to them. Please find a number of documents attached: 1. Frequently Asked Questions sheet: this should be made available to all those staff and councillors who may speak directly with the public, and who may be asked about the report. 2. Series of four (4) brochures: these are brochures developed to help the public understand both the content of the assessment report as well as the source water process. These can be made available to you in hard copy, should you wish to display them for your residents. 3. Two (2) Landowner Notification letters ( "Threats Letters "): these are copies of the letters which will be sent to residents. No resident will receive both letters. If you have any questions or concerns regarding this information, please do not hesitate to contact myself, or the Chair of the Source Protection committee, Lynn Dollin, at the numbers below, Regards, Don Goodyear Director, Source Water Protection Planning Lake Simcoe Region Conservation Authority 120 Bayview Parkway Newmarket, Ontario L3Y 3W3 905 - 895 -1281 ext. 246 d.goodyea r@ Isrca.on.ca r` P Lynn Dollin Chair, Source Protection Committee South Georgian Bay Lake Simcoe Source Protection Region 705 - 627 -9023 Idol lin @innisfil.ca Megan Price Communications Specialist Source Water Protection Lake Simcoe Region Conservation Authority 120 Bayview Parkway Newmarket, Ontario L3Y 3W3 ig Page 157 of 285 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... Tel: 905.895.1281 ext. 315 Fax: 905.853.5881 1.800.465.0437 E -mail: m.orice(@Isrca.on.ca Web site: www.lsrca.on.ca Proud Winner of the 2009 International Thiess Riverarize 4 0 Consider the environment. Please don't print this e-mail unless you really need to. 9 Page 158 of 285 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... DRINKING WATER " SOURCE PROTECTION ACT FOR CLEAN WATER South Georgian Bay Lake Simcoe Source Protection Region The South Georgian Bay Lake Simcoe Assessment Report Frequently Asked Questions 1. What is Source Water Protection? Six years after the tragedy at Walkerton, the provincial government made a commitment to the citizens of Ontario by passing the Clean Water Act in 2006. Drinking Water Source Protection is the first step in a multi - barrier approach to protecting our sources of drinking water before they become contaminated. Locally, the Source Protection Committee is mapping land activities around sources of drinking water, and putting a plan in place to ensure that these activities do not pose a risk of contaminating the water. You can learn more at www.ourwatershed.ca or by calling 1- 800 - 465 -0437. 2. Am I affected? It depends on how close to a water supply you live and your land use activities. If you received a letter in the mail, you are close to a source of municipal water and you may be affected. To find out, please visit the website and navigate to the interactive map, put in your address and see if you are near a municipal source of drinking water (a well or surface water intake). 3. 1 got a letter that says I am a significant threat. What does this mean? It means that activities (current or historical land uses or conditions) on your property have the potential to pollute a source of municipal water. The Clean Water Act states that all those who have a "significant threat" designation must reduce their risk. At present there are no policies in place. However policies that are currently being developed may restrict land uses near municipal water supplies. You can help shape the policies by getting involved in the process by contact the South Georgian Bay Lake Simcoe Source Protection Region at www.ourwatershed.ca 4. 1 do not think I am a risk /you have my information wrong. The Source Protection Committee welcomes input from landowners. If there is a reason why you think your activity does not pose a risk, please call 1- 800 - 465 -0437 to discuss your situation with the director of Source Protection Planning. S. Are you going to tell me what to do on my land? The Source Protection Plan, when completed and released, may impose land use restrictions. Depending on the type of threat and the proximity of the threat to a municipal drinking water source, your land use may subject to land use policies. 6. Who is going to pay for this? / What is this going to cost me? The responsibility for the cost of lessening risks has not yet been determined. It is possible that the landowner on whose property the threat is located may incur some cost in reducing that risk. 7. What about rural (private) water wells? The Clean Water Act and Source Protection Planning are mandated to protect municipal source water; it does not mandate activities around private wells. There are a number of agencies e.g. your local public health unit, Well Wise and Well Aware that are dedicated to helping residents with private wells. For more information contact Megan Price, Communications Specialist, Source Water Protection at 1- 800 - 465 -0437 ext. 315 or m.price @lsrca.on.ca Page 159 of 285 11c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... DNAPLs? Dense, Non - Aqueous Phase Liquids, or DNAPLs (pronounced dee- napple) are more dense than water and generally do not dissolvereadily in water but remain as a separate phase liquid surface or ground waters. If spilled, they tend to sink into the ground and underlying groundwater and can contaminate the deepest groundwater resources (and those in between). These chemicals are also quite toxic to humans and /or the environment, even at low levels which means that even if only a little dissolves into the water, it would be harmful to consume. Some compounds are persistent in the environment for decades (polychlorinated biphenyls [PCBs], mercury). Others can become more toxic as they break down (chlorinated ethenes). DNAPLs of greatest interest tend to be those products that have been used extensively in commercial and industrial applications. The Clean Water Act stipulates that we pay extra attention to DNAPLs because if they get into the water they are very difficult to get out. DNAPL contaminants may very well be the most difficult groundwater contaminant to deal with. the commonly used DNAPLs? DCM (dichloromethane) Paint stripper, metal cleaning, pharmaceuticals, aerosols. TCM (trichloromethane aka chloroform) Pharmaceuticals, fats, oils, rubber, resins. TCA (trichloroethane) Metal /plastic cleaning, adhesives, aerosols, inks, fats, waxes. CTC (carbontetrachloride) Fats, oils, laquers, varnishes, waxes, resins, seed oil. TCE (trichloroethylene) Metal cleaning, dry cleaning, paint removers, adhesives. PCE (perchloroethylene) Dry cleaning, metal cleaning, intermediates in processes. are DNAPLs so dangerous? DNAPLs' density means that it only takes a small amount to travel deep into the water table. DNAPLs don't dissolve quickly, which means they sink into the ground and create pools which may remain for decades to centuries. You must recover 99.999 % of DNAPL in the ground to successfully clean a spill or release this affect me? Even a small amount of DNAPL can cause a toxic level of contamination for human health. DNAPLS are relatively heavy which means they get into aquifers (where we draw our drinking water) quickly and even get into small fractures and spaces underground where they are difficult to find. DNAPLs are sometimes also called "sinkers" or "toxic blobs" because of these characteristics. DNAPLs can contaminate groundwater over large areas and for a long time (decades to centuries). They can form insoluble and highly mobile pools that defy all conventional cleanup methods ultimately getting into our drinking water and causing a number of serious health issues in humans and the environment. The best way to protect water is make sure that DNAPLs don't get there in the first place. That is what Source Water Protection is all about. Landowners who own property near sources of drinking water and handle or store DNAPLs, or have handled or stored DNAPLs in the past, may pose a significant threat to drinking water. Source Protection Plans are being developed which will have implications for those landowners on whose property activities or conditions have been identified as a threat to municipal drinking water. The Clean Water Act mandates that all these significant threat activities and conditions must be mitigated. We invite you to join the Source Protection Process at www.ourwatershed.ca. N, itrOntario 1-800-465-0437 www.ourwatershed.ca SomL Georg " R, SOU CE RC ECTIOIV S°°r° ^^� ^R ACT FOR CLEAN WATER Region Page 160 of 285 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... Assessment Reports? They are technical documents which describe the local watershed, assess available water supply, map vulnerable areas and determine if there are threats in these vulnerable areas that are risks to our drinking water. A multi - stakeholder Source Protection Committee, with representation from the public sector, farming, business, municipalities and first nations drafted the Assessment Reports for the three areas within the South Georgian Bay -Lake Simcoe Region. What are vulnerable areas? There are four types of vulnerable areas: 1. Wellhead Protection Areas (areas where groundwater travels to a municipal well) 2. Intake Protection Zones (areas around surface water intakes where we get our water) 3. Highly Vulnerable Aquifers (where the underground water source is more susceptible to contamination) 4. Significant Drinking Water Recharge Areas (where a large proportion of water gets absorbed back into aquifers) drinking water threats? There are 21 different types of threats to drinking water under the Clean Water Act. They include: • Waste disposal sites • Sewage systems (including septic) to Agricultural and non - agricultural source material applied to land, stored, handled or managed • Commercial fertilizer applied, handled or stored • Pesticides applied to land, handled or stored • Road salt applied, handled or stored to Snow stored • Fuel handled or stored • Activities taking water from an aquifer (groundwater) or surface water body (lake or river) • Activities reducing recharge of an aquifer's underground water sources (e.g., pavement) • Livestock grazing, pasturing, outdoor confinement areas and farm - animal yards • Organic solvents handled or stored • The handling and storage of a dense non - aqueous phase liquid (DNAPL) (e.g., oil & solvents) • Chemicals used in the de -icing of aircraft How wil i this affect me? Landowners who own property in a vulnerable area and are currently engaged, have been, or could become engaged in activities like the ones listed above may have their activities or property conditions identified as a significant threat to a municipal drinking water source. Source Protection Plans are being developed which will have implications for those landowners on whose property activities or conditions have been identified as a risk to municipal drinking water. The Clean Water Act mandates that all these significant threat activities and conditions must be mitigated. We invite you to join the Source Protection Process at www.ourwatershed.ca. t r�� ) " Ontario 1-800-465-0437 www.ourwatershed.ca DR�NG WATER L•keS�loe me SOURCE PROTECTION sounee.ote .ion ACT FOR GLEAN WATER Rnwn Page 161 of 285 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... Did you know that... • An Assessment of risks to all municipal drinking water sources in your region is available? • Potential threats to municipal water are being mapped? • Your activities might affect the quality of water you drink? • Plans will be put in place to lessen the risks and you have an opportunity to participate in this process! .... Open this guide for more information DRINKING WATE R South Georgian Bay SOURCEPROTECTION Source Protection Sonrce Protection ACT FOR CLEAN WATER Region Page 162 of 285 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... What is source Water Protection? Coming out of Walkerton's tragedy with contaminated water in May of 2000, the Ontario government passed the Clean Water Act into law. The Act aims to protect municipal drinking water in the province with a multi- barrier approach, starting with Source Water Protection. Having scientific information about our water sources is an essential part of this legislation. One of the most critical aspects of the Source Protection process is the Assessment Report. This report tells us where our drinking water sources are located, as well as what people are doing, or have done, near them. This allows us to determine if there is a threat to the source of municipal drinking water that might contaminate, or reduce the supply of drinking water. In 2012, Source Protection Plans will be put into place to mitigate activities or conditions which are found to be threats to municipal drinking water. The multi- barrier approach to Clean Water: NOW Source protection Water Treatment Distribution Testing Drinking Water The province is divided into 19 Source Protection Regions, each with a Source Protection Committee to oversee the development of Source Protection plans. You live in the South Georgian Bay -Lake Simcoe Source Protection Region (SGBLS). It is one of the largest in Ontario with a surface area of more than 10,000 km It is made up of 4 watersheds and 52 municipalities. What does it mean for you? Source protection planning will affect everyone differently: • First of all, it will ensure municipal sources of drinking water are protected and communities will have a healthy source of water now and for the future. • Depending on where you live, the activities and conditions on your land, you may be affected to a greater degree than other people. • If you live within an Intake Protection Zone, a Wellhead Protection Area, a Highly Vulnerable Aquifer or Significant Recharge Area and there are activities or conditions on your property that pose a significant threat to drinking water, you will be affected by having to lessen the threat, or eliminate it altogether. Page 163 of 285 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... In order to properly protect drinking water, we need different kinds of data to understand what is going on in the surrounding watershed - both above ground as surface water and below ground as groundwater. It is also important to understand how and where surface water and groundwater interact as these are vulnerable areas that need special protection. Identifying these vulnerable areas, and the potential threats within these areas, is what the Assessment Report is all about. The Assessment Report will identify activities that pose risks to source water supplies. Are you in a vulnerable area? Find out at www.ourwatershed.ca. Water Budget: Parts of The Assessment Report: Characterization of the Watershed. The introductory part of the Assessment Report is an overview of the watershed. It answers questions such as: What is the land's surface like? Where are the rivers and wetlands? Where are the roads? Where are the drinking water systems? Where do people live? A water budget looks at how much water enters a watershed, how much water is stored and how much water leaves. This information helps determine how much water is available for human uses, while ensuring there is still enough left for natural processes. Vulnerability Analysis: Since we get municipal water from both groundwater (wells) and surface water sources (lakes and rivers), the area around these intakes needs to be mapped as any activity in these sensitive areas has more impact than outside the area. A wellhead protection area (WHPA) is the area around a wellhead where land use activities have the greatest potential to affect the quality of water that flows into the well. Similarly, protecting the area around a surface water intake, known as an intake protection zone, or IPZ, is equally important. The image to the right shows the WHPA around a wellhead. There are two other vulnerable areas: significant groundwater recharge areas (where where precipitation is proportionally more likely to recharge aquifers), and highly vulnerable aquifers (those that are less protected from surface contamination). These are important landscape features that contribute to the quality and quantity of our water. Drinking Water Quality Threats Analysis: This section of the Assessment Report determines where the potential threats to drinking water are. Generally, the closer a threat is to a water source, the riskier it becomes, but it also depends on the type of activity. The formula to calculate the risk score consists of taking the hazard rating of the threat (on a 10 -point scale) and multiplying it by the vulnerability of the water source (on a 10 -point scale). Anything over an 80 is a significant threat. Page 164 of 285 Example of a WHPA The closer you are to a water source, the more impact your land use activities may have on drinking water supplies. 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... drinking water threats? There are 21 different types of threats to drinking water under the Clean Water Act. They include: • Waste disposal sites • Sewage systems (including septic) • Agricultural and non - agricultural source material applied to land, stored, handled or managed • Commercial fertilizer applied, handled or stored • Pesticides applied to land, handled or stored • Road salt applied, handled or stored • Snow stored • Fuel handled or stored • Activities taking water from an aquifer (groundwater) or surface water body (lake or river) • Activities reducing recharge of an aquifer's underground water sources (e.g., pavement) • Livestock grazing, pasturing, outdoor confinement areas and farm - animal yards • Organic solvents handled or stored • The handling and storage of a dense non - aqueous phase liquid (DNAPL) (e.g., oil & solvents) • Chemicals used in the de -icing of aircraft happens next? The public has an opportunity to comment on the proposed draft Assessment Report before it is submitted for approval. Check our website at www.ourwatershed.ca for dates and times of open houses, or to read the Assessment Report. After the Assessment Report is approved by the Ontario Ministry of the Environment, Source Protection Committees have 2 years to develop Source Protection Plans which will outline how activities which have been defined as threats can be mitigated. available for Landowners: Through the Ontario Drinking Water Stewardship Program, there is funding available for landowners who live near municipal sources of water. Contact the stewardship coordinator at 1- 800 - 465 -0437 to find out if you qualify The Drinking Water Source Protection process is an open and public one. Public consultations are held at every step of the process. To see when the next public consultation is, go to www.ourwatershed.ca or call 1- 800 -465 -0437. 1- 800 - 465 -0437 www.ourwatershed.ca �, . Lake Simcoe V ecn SO <1 South Georgian Bay Region a DRINKING WATER Lake Simcoe 1r — SOURCE PROTECTION / "' 1 � Autho lion � Sourc Ontario y ,70_ ACT FOR CLEAN WATER Page 165 of 285 U N R m D N N Calculating threat levels: low, moderate or significant Them are many potential threats m drinkingwaw In our urban and rural areas, but the lased of risk they pose dollends an the nanum of rho Ilimat and it- kreation. The Gain water Ad requires die ellmfadan of die threats that you the greeted atk.'1'hue are called signl"and threats. To docile which threan are significant, Ile Onano hMoiary of the Farimarent has do v..I gsrd a formula to akulate a dill areas ihssnl nn: ter haannl finial; d the unseal on. 10imon stark the wh owleritya the water soutee, on a 10prdtu state How is the risk score calculated? The rhk bare a edmbtnd by mukWag; the ha uird rating by the wdauabllity town. The rmslB will Ise a nadter on a folipnint"Il. risk score = hazard rating x vulnerability score Based on thelesalts or the calculation, rhrears owk ore ploced into one Paaavnn a.wi U.'a O rfhreecareQorrey. MwMnemmnn Ili awe „w now How are possible threats identified? RnarumMe wsvking for aairweion aYlherilk5 a munkip.INb have leer t variety of meamtn kkmi(y delmwible 4ualinn N docam Jueam they him e+amined doauneasnah as ea”, Publi thawl{khk Industrial daabnses.Insalt utsrs, ar i n a inf hersiters. ormaton direeJy from paprry wlm. a 1 home h m,. so nYlu, slabasthat a rural home would hour a septic: syuern. The lazdon Of pmpnlim mnta thong Weawl stialificnnl dean will root be identified in the Aressrnmt Rmiu a . The reopen will only identify IM monbor and type of pntna al threes in ilia .11head And imam praleclmn areas. Individual pmpary owners will be MrlifitM if it is heliese l their land is the limits pormaial signifiramLlhrrnL Ekamples of significant threats Inckumal or to . nor elal A snh'rot Is Wood in a Link done Ina river intake If the unk warm a Ire: IM chemical could gat a the Intake in a short roamed of 6me. The diemtal hero husinl u0rgf of Or Th, vuhoorabPity score rte Ill' Intake 610. Pianists wore (haavel . vubrerahllih) . would be 90, making it a significant three. Rn1deM6A A hsmn enIM.hill. 100 motions of a municipal we'll hu a septic system. The area his a vulattabilRy scare a( IUnnd Illy sewage. has a hared rating of 10. The result h a risk same of 1!10 raking IM wittir slnnm a sigd6rAm threat. ram A Groner quead, manual on his Reich to fen IUe dwm. Them 6 a munit itil well on the inemrty nein doe The vulnewbikty same far the forrell U.16 t 0. The hocusl rating far nurture M a. Tie result h n all score of W. making it a significant threat. page 5 What is the South Georg' ran Bf2y- Lo0_SimroeSourre Protection ReJlorn? This region msers bur watersheds take Simcoe, NOtLUVasalyT Valley, Semen Sound and the Black Seem River. A 22 person mmndnre (plus chain is malsum ble for drvrinping. Sic m. �. Primrction Pkns for these ownwitheclo. The plans will outline Polk +es and pmgantt to alimimne signiftanl thasin m tlhe wall supply as well as nolue, the eq,psrWnily for kw and modest i , throats m he a m e signlOram. I l Who Is the South Georginn Gay -lake Simcoe Source %hiction Committee? The Source Pmtecdnn Committee is an io andent grant minpdsed M! • Fanners • liusir. • Mumormllim, • ReshdmNs • Post "hen, Source Protection Commluees haw bas caablislwd . - . k watersheds acmes CTVado to lead the developmastt ofSODUx Preenkm Plam. available for Landowners Pr otecting Cr7lculating'Threats to Drinking Water .ot A k. y -R for the South Georgian Bay -Lake Simcoe Source ProleCti a im4 n.althe • •• i_ em v •;re..kr !p our r�arel'so'olwM sort It t o l " .con.• The Clean Water Ad was pusrd by the Ontario governmcn1 in 3006 to paled sources of municipal drinking water from mntaminafirm m overuse. Sualies are underway to �fw�•a'1. �• Tv •• ,- I.rlron,. identify the potential threats to municipal drinking water in four, watershedrs lake Simcoe, Nuu.masaga Valley. Seem Sound and OLiCMSewrn River. They make up the South l 1 ve... and Rrorpnn Bayiake S come Source Prdetlion Region. vie. 9t -yi The scud'es arc froseed on,ulnerable areas rrev muNcipal xmIts(AtIlhead Protection 151P'sn: A Ames) and s.rf. water makes (Intake Pmlretio, Zones) These are areas where particular t n n..l YI loss h r. cam mu t be ukn n the use and stout of materials that could euaminate waar. t Ardvi6es on ' notenim'n these vulnerable amas are being a aduat d and makd aaalydng f Fr 11 tl he n. to rulefcleve11 the Oh Oa cited gaI l to wate pd into h one of Ireeategori ries hued on the loss:; of risk, loss moderate drode or significant. . bce lylmr it an The Ontario Thinking Water Stimardship Program pm•ides grant, to prtryt2ny ovrarn to help them eke Am. oa ;heir land to linked drinking uvlet vma,. Crane,.,.- available in, a voice of prnteer re I"! eNgibk neskleml who own unit near mornorial wells and sudaeu water lea ice,. indWlag: • • d ngM Up old f old nyLlc ry r are ant t ng eel privatnwel .n upgralmgw still in use • fare an' contMenual Pollmion Prewnikn W.views Lrt snail and medium tinxl Ixxlrnsa to iMNI(y pruldenu amt Anwlun t+,lnelah5 • or mV! Of go'01.0 MY maa(p•mmu pmctirc la pmtecl eaten qualily To Team rave., go Io wwwuunvalenhrd.ra ad kirk umkr sawad•Idp funding M tontxt Its o wardship rawdlaiM A 1- 800.4I6SMS7. vn S `• \ carutla. h a (��. — DRINKIN T� E {� 6N nor Author" �� aiTaaf0iY3alra`. __ 4e. V'" Ontario page care b at apse house aid kart more bout the a+eumror report- Chuck www r,unva .'JIM.ea for detaih. In addition to a watershed Characedratinn ant wain budget. information an vudarahlr amas o d ryMmial thrrau a heing dmrpilwi icon Awls,mmt ReTem. There is one report loreach weenhed. They are publicly ..,table at witw.muwahnshed.a. Public meetings am bring led in cacti walenMl m W.- people a Chantae 0 rmiew de information and comer on h The bseumnit Rrpub: • give an mon liew of line. rendell, • pnsede a wear ha¢yet; • Identify de wkemNeareas near Its and intakes; • kmv*the typo and amide, of sigrdfirvl rimes to water gwditymar the wall, and makes, • Identify amt- tlYva M haw now. moderate of grifimnt dneab. As the Asse annism Repose are being completed, walk has already started on Sourre Protection Plano, the next phase of dot process. These f wilt outfi a what needs to be done TO reduce the risk fixed bysignlficanx threats and in pmeent new olws from developing. They will be snmpkaM in 2012. V m m V G N N Intake Protection Zone M 1PZ1 = IPZ2 tnxeumu What is vulnerability? the wend unhunablfrty describes how easllya well or inake can became pollumd with a danymrom material. Researchers Race studied each municipal well and intake u, the four watersheds of the South Georgian Bay lake- Simme Raglan to d imerane Ito. vulnerable they am. Plum are approximately 290 .16 and svrfum water intikrs. Wdls draw water from underground amu called aquifer where water file- aaela in betli or spaces between gmins of suxi, grawd or sell. Aquifers are replenished when water from rain and malting over soils Ina the ground. Sometimes, the water alho ones pellurwou. It on take years, or even deader, for water to reach a Nell. The speed depends on the chamaeristimof he toll and bedrock In the area. IAFasOdnO prounAwn; er v0)nerabdriv la desnmhre the ealumodlRly care fm. well, the remartM.'r had to answer hats quedaree • How quckly dress water move honamaaily t the.vquifer to she well? the Wormalion was used to draw VNtailh.ad prot ection them 1k ri around each well. "PA, are divider) inn, rings called Tlme or Travel Lori.. The tantamount aeon !a. I00.me0n rlml. The .her aeon are set at times of hovel of 2 yea.. S yeah se- 10 yeanl and 25 vane • H quickly fleas waxer mac w•tYcally from the suds dawn to the aqulforl This ss allod "Intel The mawn. to the ao questions were comldned to come up with wlnembilfty scares on a ill -paba scale for all the IoM within Wellhead Protectiuh Anus for each wall. • Mama of high vulnertthtliry hasascorc ofBor lU. • Mama of rerdwrate wlmvaMitly dun a sane of h. • nn area nl law wlrmrabilily I>7. a •nvo Me � :uD•aV.ntl ma nio; •:: R,eu maw coo vxuoa0en J of two fe. n Iry n. lhrx are a r•unysla nty ma n Jwuhf ran Marro m ryrajrFlnMmmbt for malndnand Innlr Intake Protection Zones River and lake intakes can be contaminated when dangerous materials are spilled into rite waver or on nearby land. Intake Protection Zone HPZ) am areas where dangnnus muhuials may got in an intake m quieldy. the aperahn of she municipal water heatmenl plan may not has; one* flee: b, shed. down the Intake- before the peril ant madta it. ,bfeasuring sur`oce water vulnerabilRy Rmeumhers Mudied hum• water moves in the area around eadr tattle. or a F of. water )mall they Medled how the rnnwmtont of water it affernd by turret. and winds. For emkn, they identified Mrearm, munkdpil naorre sewers and marl drain, that enter the riwror Lake near the intake. Intake Protection Lanes we re drain around the intakes and aligned vulnerability sfwe ore a 10-podn tell: • dnel FaV ed the in wl . the boo-, on around theiMalm the wlremMBry ore care up 1010. • IPZ2e Theam whrmwater annumbihoinake in . specked dote. lmintmum of hero houn7. For a surface welor intake, some an be as high as q. • IPZ3: Areas where there am rethides fu ih r away from the intake which could haw an repeat aim water gslllly. Vulnerability scores are less than In the IPZ2. page 3 tlVhat are threats? Immarchers have studied the areas around nonlipal wells and infakres W identify the human aclivilles that could threaten municipal water sewpldes. Them are two ategnrias of threats— chemitah and pathogens: Chemical threat; include things Ike soleents, fuels, ferlilfas. Iae ticidas • and other similar prodoota, They on be found In fadit ies, womge depots. Rvwline, Aatimu, fame or other plans • A pathogen w a dangerae iwteria, . nvirus found in human or aNmal wane. Human pathogens o, be fared et sagdlc systems, and animal pathogens on be found in eramne. Ha and rarunJs Not all threats arc equal. The danger fxw•d by particular dtemiok or path gam depends on several farours Including the amount, Its taaidty and how h bete. in the nn:mment The Ont:vlo ABnairy of the Emdree. has ideMiFa•d moray matnrinls tlna could menamtnae warn. B has asairchd a hoard rating to each using a 10 sole hash on the moue, of One nulerial and him it is used or aimed. b loam how thrust levels me rakulaxd and Bow thramb arc idemifwd, see page 5. n nn, •„ nn9.r JrMi page 0 a d m W N 0 O a 3 3 r m Wellhead Protection Area 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... DRINKING WATER SOURCE PROTECTION ACT FOR CLEAN WATER PRIVATE AND CONFIDENTIAL July 13, 2010 «FirstName» «LastName» «MailingAdd1» «City», «Prov» ((PostalCode)> Dear«FirstName» ((LastName)>, REFERENCE # « Pin)> You are receiving this letter because your property, located at «Location» (Roll # uRoll_Num))), is in proximity of a municipal water source. Areas around these sources are defined as "vulnerable areas" under the Clean Water Act. Activities which occur in these "vulnerable areas" have the potential for being a threat to the quality and /or quantity of municipal drinking water. Septic systems, manure or chemical storage, or oil /gas tank storage close to a drinking water source are just a few examples of activities which might be considered a threat. According to our data, you may be engaged in an activity that is listed as a prescribed threat (see enclosed brochure for more information) and therefore your property may be designated as a "significant threat' to drinking water. We will be holding five open houses in the coming weeks to help you understand if you will be impacted by Source Water Protection planning. Please plan to attend. What does this mean? As a result of the Walkerton water tragedy, the Clean Water Act (CWA) was passed into law by the Ontario government in 2006. The CWA requires communities across Ontario to protect municipal sources of drinking water from past, present and future threats. Nineteen Source Protection Committees around the province have been working for the past two years in developing reports which map drinking water sources and track activities and conditions on the land that is close to these sources. The document which contains this technical information is called the Assessment Report. A proposed draft of this document has just been published, and we invite your comments by October 8`", 2010 on the draft. Using the scientific and technical data from the Assessment Report, each Source Protection Committee will develop Source Protection Plans for their watershed which will have implications for landowners on whose properties activities or conditions have been identified that pose a risk to drinking water. The CWA mandates that the risk associated with "significant threats" must be reduced. The Source Protection Plan may also restrict or prohibit activities in vulnerable areas. You can find the complete Assessment Report for the South Georgian Bay -Lake Simcoe Region at www.ourwatershed.ca as well as more information about source water protection. 120 Bayview Parkway ♦ Newmarket ♦ Ontario a BY 4X1 www.ourwatershed.ca ♦ 1- 800 - 465 -0437 South Georgian Bay Lake Simeoe Source Protection Region Page 168 of 285 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... You can also contact Don Goodyear, Director, Source Water Protection at 1- 800 - 465 -0437 ext. 246 or by email at d.goodyear @lsrca.on.ca. You can also contact «SPAT» or Megan Price, Communications Specialist, Source Water Protection at 1- 800 - 465 -0437 ext. 315 or at m.Price()lsrca.on.ca We will be holding five public meetings throughout the watershed and would encourage you to come and learn more about Source Water Protection, the Draft Proposed Assessment Report and how Source Protection Plans may affect you. Technical experts, committee members and representatives from municipalities will be available to help you. Copies of the draft proposed report will be available in hard copy for you to view. The open houses will be held: LOCATION, DATE, TIME LOCATION, DATE, TIME LOCATION, DATE, TIME LOCATION, DATE, TIME LOCATION, DATE, TIME Get involved We rely on people such as you to contribute to our knowledge of the areas around municipal wells and surface water intakes. Accordingly, we are requesting your help in evaluating past and present activities on your property that may adversely affect drinking water. If you would like to book an appointment to ensure you do not wait to talk to us one -on- one at an open house, please call us at the number below or email us at swp(cDourwatershed.ca to make an appointment. Funding available Your proximity to a municipal water source might make you eligible for funding to eliminate or mitigate risk on your property. You can call the Stewardship Coordinator at 1- 800 - 465 -0437 to find out if you qualify. We look forward to working together with you to protect our municipal water supplies. -j&j Lynn Dollin, Chair, Source Protection Committee Don Goodyear, Director, Source Water Protection 120 Bayview Parkway ♦ Newmarket ♦ Ontario ♦ DY 4X1 www.ourwatershed.ca ♦ 1- 800 - 465 -0437 Page 169 of 285 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... DRINKING WATER' SOURCE PROTECTION ACT FOR CLEAN WATER PRIVATE AND CONFIDENTIAL July 13, 2010 «FirstName» «LastName» «MailingAdd1» «City», «Prov» «PostalCode» Dear «FirstName» «LastName», South Georgian Bay Lake Simcoe Source Protection Region REFERENCE # « Pin» You are receiving this letter because your property, located at «Location» (Roll # ((Roll_Num» ), is in proximity of a municipal water source. Areas around these sources are defined as "vulnerable areas" under the Clean Water Act. Activities which occur in these "vulnerable areas" have the potential for being a threat to the quality and /or quantity of municipal drinking water. Because of this, if you use certain kind of chemicals known as DNAPLs or Dense Non - Aqueous Phase Liquids ( i.e. organic solvents, pesticides or mercury) you might pose a significant threat to drinking water (see enclosed brochure for more information). We will be holding five open houses in the coming weeks to help you understand if you will be impacted by Source Water Protection planning. Please plan to attend. What does this mean? As a result of the Walkerton water tragedy, the Clean Water Act (CWA) was passed into law by the Ontario government in 2006. The CWA requires communities across Ontario to protect municipal sources of drinking water from past, present and future threats. Nineteen Source Protection Committees around the province have been working for the past two years in developing reports which map drinking water sources and track activities and conditions on the land that is close to these sources. The document which contains this technical information is called the Assessment Report. A proposed draft of this document has just been published, and we invite your comments by October 8 2010 on the draft. Using the scientific and technical data from the Assessment Report, each Source Protection Committee will develop Source Protection Plans for their watershed which will have implications for landowners on whose properties activities or conditions have been identified that pose a risk to drinking water. The CWA mandates that the risk associated with "significant threats" must be reduced. The Source Protection Plan may also restrict or prohibit activities in vulnerable areas. You can find the complete Assessment Report for the South Georgian Bay Lake Simcoe Region at www.ourwatershed.ca as well as more information about source water protection. 120 Bayview Parkway • Newmarket ♦ Ontario t L3Y 4X1 www.ourwatershed.ca Page 170 of 285 11 c) - Correspondence dated July 13, 2010 from Megan Price, Lake Si... You can also contact Don Goodyear, Director, Source Water Protection at 1- 800 - 465 -0437 ext. 246 or by email at d.goodyear @lsrca.on.ca. You can also contact «SPAT» or Megan Price, Communications Specialist, Source Water Protection at 1- 800 - 465 -0437 ext. 315 or at m. price @Isrca. on. ca. We will be holding five public meetings throughout the watershed and would encourage you to come and learn more about Source Water Protection, the Draft Proposed Assessment Report and how Source Protection Plans will affect you. Technical experts, committee members and representatives from municipalities will be available to help you. Copies of the draft plan will be available in hard copy for you to view. The open houses will be held: LOCATION, DATE, TIME LOCATION, DATE, TIME LOCATION, DATE, TIME LOCATION, DATE, TIME LOCATION, DATE, TIME Get involved We rely on people such as you to contribute to our knowledge of the areas around municipal wells and surface water intakes. Accordingly, we are requesting your help in evaluating past and present activities on your property that may adversely affect drinking water. If you would like to book an appointment to ensure you do not wait to talk to us one -on- one at an open house please call us at the number below or email us at swp(?�ourwatershed.ca to make an appointment. Funding available Your proximity to a municipal water source might make you eligible for funding to eliminate or mitigate risk on your property. You can call the Stewardship Coordinator at 1- 800 - 465 -0437 to find out if you qualify. We look forward to working together with you to protect our municipal water supplies. 114 Lynn Dollin, Chair, Source Protection Committee r Don Goodyear, Director, Source Water Protection 120 Bayview Parkway ♦ Newmarket ♦ Ontario ♦ BY 4X1 www.ourwatershed.ca Page 171 of 285 11 d) - Correspondence dated July 26, 2010 from Kathi Shropshire, Ch... ORILLIA & AREA PHYSICIAN RECRUITMENT & RETENTION COMMITTEE ;n July 26, 2010 �a'bof FirsF Natoo Mayor Hughes and Members of Council Township of Oro - Medonte 148 Line 7 South Oro, Ontario. LOL 2X0 Your Worship and Members of Council: t � g MK j JUL. 2 § flit i Please fund attached the mid -year overview and financial performance report of the Orillia & Area Physician Recruitment & Retention Committee. Please note when reviewing the financial statement that we have received in writing confirmation of funding from the City of Orilllia ($20,000.00) and Chippewas of Rama First Nation ($5,000.00). The committee has also been notified verbally, the approval of a $15,000.00 grant from the Casino Rama Wellness Fund. We are in the process of forming a fundraising committee to cover any shortfall in donations or increase in expenses required to meet our goal of a doctor for every person. Should you require any further information, please contact us a rmor a,orilliacdc.com Yours truly, Kathi Shropshire, Chair KS/p 22 Peter Street South .Orillia, Ontario L3V 7A3 . tel: 705- 325 -4903 . fax: 325 -6817 Page 172 of 285 11 d) - Correspondence dated July 26, 2010 from Kathi Shropshire, Ch... ORILLIA & AREA PHYSICIAN RECRUITMENT & RETENTION COMMITTEE 2010 ACTIVITY OVERVIEW January 1 to June 30 MEDICAL STUDENT TRAINEE AND MEDICAL RESIDENT VISITORS • Hosted 52 medical students /residents in training at the hospital (average stay 4 weeks) • Initial contact before visit to determine interests, personal requirements • Provided personal welcome and community orientation to each student/resident • Responded to inquiries from students about recreation /worship /transportation and cultural events • Hosted 6 social gatherings for students /residents ( "wings night') • Provide pre -paid taxi account for "late -night on call hospital duty" • Provide pre -paid gym passes, downhill /cross country skiing and mountain biking • Committee owns 2.mountain bicycles /helmets for student use on the trails • Casino Rama Entertainment Centre hosted 5 students for evening concert • Follow -up after visit RURAL ONTARIO MEDICAL PROGRAM (ROMP Week) • Procured billets and preceptors for five 1" and 2 "d year medical students • Greeted students at the bus station upon arrival • Committee members provided transportation to and from activities • Hosted welcome reception and barbeque for students, billets and preceptors • Hosted community day involving luncheon cruise on Island Princess and tour of the area • Surveyed students atcompletion of visit RECRUITMENT EDUCATION AND ACTIVITY • Member of the Canadian Association of Staff Physician Recruiters • Project coordinator and SMH medical affairs committee member attended conference in Calgary • Theme — Understanding the impact of cultural differences on the recruiting process • Preregistered to attend 7 medical school job fairs in the fall (PAIRO) Professional Association of Interns and Residents of Ontario • Display booth highlighting the community and the hospital • Representative of the community committee and a local physician will play host in each city (Thunder Bay, Sudbury, Ottawa, Kingston, Toronto, Hamilton, London) Page 173 of 285 11 d) - Correspondence dated July 26, 2010 from Kathi Shropshire, Ch... RETENTION ACTIVITY • Committee hosted and sponsored appreciation reception for local doctors and spouses • Procured declaration of "Physician Appreciation Day" • News releases and media coverage for the event. • Family occasion acknowledgement (illness, births) OUTREACH ACTIVITY • Contact with newly located physicians and their families • Assist with school, recreational, cultural, and worship requirements • Home visits to acknowledge family occasions (moving day, new home, births) LOCAL MEDICAL STUDENT OUTREACH • Congratulatory cards sent to local students accepted to medical school • Assistance provided in sourcing scholarship opportunities GRANT APPLICATIONS • Applied successfully to Community Foundation of Orillia & Area for $1500.00 to offset cost of student activity (gym, skiing) • Applied successfully to Local Initiatives Fund (CDC) for the purchase of examination and diagnostic equipment for the incubation office ($6000.00) • Applied successfully to the Local Initiatives Fund (CDC) for development of business plan ($4000.00) • Applied to Casino Rama Wellness Fund (pending) INCUBATION OFFICE • Partnership with the Orillia Family Health Network • OFHN providing furnished office space and administrative support • Committee purchased examination and diagnostic equipment for the clinic (wall mount blood pressure system, otoscope, opthalmoscope, scales, exam tables and stools) • Clinic facility available to newly graduated physicians for a pre - determined time period • Provides mentorship and support from established physicians • Equipment to be owned by the committee and available to new physicians without upfront cost • Incubation office will also be utilized four evenings a week and once each weekend for non - urgent after hours clinic BUSINESS PLANNING • Vision — Increasing the health and wellbeing of our community and the business climate by striving to provide every person with a doctor • Committee successfully applied for grant to procure services of a business consultant Page 174 of 285 11d) - Correspondence dated July 26, 2010 from Kathi Shropshire, Ch... • With consultant, committee held workshop meetings to develop 3 year business plan • Plan adopted by committee includes development of yearly activities chart, target audience and guiding principles • Current year project involves sub - committee formation and operational plan COMMUNITY ENGAGEMENT • Hosted volunteer information evening (32 attendees) • Monthly newspaper column • Respond to telephone calls and a -mails from community members without a family doctor PHYSICIAN COMMUNITY VISITS • Hosted 10 visits for physicians and their families (2 families visited twice) • Collaborate with hospital staff to coordinate professional site and lifestyle community tour • Hotel reservations /meals /infant and child requirements (most community tours involve 2 days) • Contact priorto visit to determine family interest • Appointments. procured before visit (schools, worship) • Support for spousal employment issues • Project coordinator and hospital staff greet visitors upon arrival • Welcome /orientation packages provided • Itinerary provided to family in advance of arrival (each visit is "tailor- suited. ") • Follow -up after visit • Currently in process of providing assistance to nephrologist and family physician — outcome pending Orientation/Welcome Packages Distributed - 66 PHYSICIANS RECRUITED - JANUARY 1 - JUNE 30, 2010 Gastroenterologist Psychiatrist General Surgeon (Program Medical Director of Surgery) COURTESY CONSULTING Psychiatrist LOCUMS Internist 2 Emergency Medicine .(Canadian Armed Forces physicians) Page 175 of 285 O CO CD V O N 00 CJ1 PHYSICIAN RECRUITMENT & RETENTION COMMITTEE QUARTERLY REVENUE AND EXPENSES Actual Budget Actual Budget March 31 March 31 June 30 June 30 Actual Budget 1ST 1ST 2ND 2ND Six Months QTR QTR QTR QTR Ending June 30 REVENUE HOSPITAL FOUNDATION $ - $ - $ CFOA $ $ - $ 5,000 $ - $ 5,000 ROMP PROGRAM $ - $ $ 1,500 $ 1,500 $ 1 $ 1,500 COMMUNITY PARTNERS & BUSINESSES $ 1,000 $ - $ $ - $ 1,500 $ - $ 1,500 CDC - COMMUNITY DEVELOPMENT FUNDS $ 9,125 $ 25,000 $ - 1,375 $ $ 15,000 $ 1,000 $ 15,000 CITY OF ORILLIA $ - $ - $ $ 10,500 $ 25,000 TOWNSHIP OF ORO MEDONTE $ 3,000 $ - $ - $ 20,000 $ - $ 20,000 TOWNSHIP OF RAMARA $ 5,000 $ - $ - $ 10,000 $ 3,000 $ 10,000 TOWNSHIP OF SEVERN $ - $ - $ 5,000 $ 5,000 $ 5,000 MNJIKANING FIRST NATION $ - $ - $ $ 5,000 $ 5,000 $ 5,000 $ 5,000 - $ 5,000 $ - $ 5,000 $ 18,125 $ 25,000 $ 7,875 $ 68,000 $ 26,000 $ 93,000 EXPENSES MEDICAL SCHOOLS JOB FAIR $ _ $ $ $ RURAL MEDICAL WEEK $ $ $ 1,611 $ 3,500 $ $ 1,611 $ $ 3,500 CORE ROTATION DAY $ _ $ $ $ RETENTION ACTIVITIES $ $ - $ 2,832 $ 5,000 $ $ - 2,832 $ $ 5,000 VISITS - PHYSICANS AND STUDENTS $ 846 $ 2,500 $ 622 $ 2,500 $ 1,468 $ INCUBATION OFFICE $ 6,000 $ 10,000 $ $ - $ 6,000 ' 5,000 COMMUNITY OUTREACH/ INTEGRATION $ $ 10,000 PROMOTIONAL ITEMS $ 400 $ - $ $ BUSINESS PLAN DEVELOPMENT $ 5,000 $ 6,000 $ 60 $ - $ 400 $ PART TIME PROJECT CO- ORDINATOR $ .3,346 $ 8,000 $ 16,604 $ 8,000 $ $ 5,060 19,950 $ $ 6,000 16,000 CASPR - MEMBERSHIP AND CONFERENCE $ 350 $ 5,000 $ 459 $ - $ ADMINISTRATION $ 495 $ 1,000 $ 448 $ 1,000 $ 809 943 $ $ 5,000 2,000 $ 16,437 $ 32,500 $ 22,636 $. 20,000 $ 39,073 $ 52,500 EXCESS I DEFICIT $ 1,688 -$ 7,500 $ 14,761 $ 48,000 $ 13,073 $ 40,500 d n O CD Cn O 0- CD 0 CD 0- CD C1 L O 1 O O N S Cn O Cn CD C7 11 e) - Correspondence dated July 28, 2010 from Elaine Scott, Corres... Wednesday, July 28, 2010 Mayor Hughes and Council 148 Line 7 South, Box 100 Oro, Ontario LOL 2X0 Dear Mayor Hughes and Council: On behalf of the Board of Directors of the Coldwater Canadiana, I would like to express our thanks to you, Mayor Hughes and the Members of Council, for donating a copy of "Medonte - A Township Remembered" to compliment our Genealogy files. In looking at the names listed under "Part VIII - Medonte Families ", a lot of the names are familiar as we do have files on many. We will keep the book with our Genealogy records but on a personal note, I will be borrowing it when the Museum is closed this winter. I would like to insert a sheet in each of the family files we have that are also listed in the book indicating they are also listed in the book and there will be additional information available. We have recently had people looking for information on lumbering, sawmills and ship building, so the other part of the book will also be well used. Again, thank you for your donation and also the kind supportive words in your letter. Best regards J '4-4� it Elaine Scott, Corresponding Secretary/Director On behalf of the Board of Directors Richard Jolliffe, Wayne Scott, Patti Tumour, Rob Root, Diane Beach, Elaine Scott C. Ralph Hough, Deputy Mayor Coldwater Canadiana Heritage Museum 1474 Woodrow Road, P.O. Box 125, Coldwater, Ontario LOK IEO www.coldwaterheritagemuseum.com Page 177 of 285 11 e) - Correspondence dated July 28, 2010 from Elaine Scott, Corres... Proud Heritage, Exciting Future July 19, 2010 Elaine Scott Coldwater Canadiana Heritage Museum 1474 Woodrow Road, P.O. Box 125 Coldwater, Ontario LOK 1E0 Dear Ms. Scott, Thank you very much for your letter and for sharing your story of the gentleman whose family's history was based in our area. It is always a pleasure to hear of stories that relate to the proud heritage of our community. On behalf of Council I am very pleased to provide you with a copy of the book Medonte: A Township Remembered, as requested in your letter. We are happy to be able to contribute to your ongoing efforts to celebrate the history of the region and hope to hear more success stories from your organization in the future. Yours truly, .fW . Mayor H.S. Hughes 148 Line 7 South, Box 100 P: (705) 487 -2171 Oro, Ontario LOL 2X0 F: (705) 487 -0133 www oro- medonte.ca Page 178 of 285 12a) - Correspondence dated July 6, 2010 from Greg Price, re: Oro L... 0 GREG PRICE General & Life Insurance Broker Ltd. 86 Major MacKenzie Dr. E., Richmond Hill, Ontario L4C 1 G9 Phone: (905) 884 -8297 Fax: (905) 884 -9017 JUL 1 2 2010 July 6, 2010 Oro 1! "edonte Tbwrship Mayor and Council. r.e: Oro Line 11, from Hwy 11 to Lakeshore Drive and the road from CarthPw i3gy, up to Linel3th. (� ff�..� ��)J "'hose two st of road are in awful condition and have b por for vaa"S• Wi ±,bout >,ptting into ail the rPasors why ti lpy should be paved properly and not patched up as usual; when does the township plan or looking after this mess? ark vou, Cc, e ! 13700 2327 Lakeshore road, 138 2333 Lakeshore road. P Page 179 of 285 12b) - Correspondence dated July 6, 2010 from Debby and Graham West... From: Sent: Tuesday, July 06, 2010 12:18 PM To: Binns, Shawn Subject: Road allowance Hi Sean, Just to reiterate in regards of the road allowance adjacent to our property at 235 Lakeshore Road West: My wife and I have both witnessed some unusual activity over the nearly 2 years that we have lived here and we are beginning to find it quite distressing. On at least 2 different occasions I have seen a car parked in the accessway with 2 occupants inside. They were obviously engaging in sex and a condom was found on the ground after they had left. We repeatedly have young individuals parking there while drinking beer and playing loud music late at night. Garbage is always left afterwards. The grass has been torn up from spinning car tires on occasion. I'm sure none of these incidents are isolated as we both have full time jobs and consequently are not home the majority of the time. While we both realize that everyone should be able to have access to the Lake, we see that the ability to be able to park there perhaps attracts the wrong sort of influence. In closing, we are asking the Oro - Medonte Council to pass a by -law that would have the allowance closed in some manner that would prevent traffic from accessing the allowance. Regards, Debby and Graham Western. 235 Lakeshore Rd. West Page 180 of 285 ti 1 \ ` _y V i 1 r V Yi r fi OW 1 { (1 f J r is 4� y� f < , r, 4 t 7 15a) - A By -law to Authorize the Execution of a Site Plan Control A... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -133 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte 1198677 Ontario Limited described as lands as follows: Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 2,3,4 &5 Plan 51 R37085 Being all of PIN 74053 -0246 (LT) Roll # 4346- 010 - 009 -68960 Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro- Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A'; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro- Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 14 DAY OF JULY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 182 of 285 15a) - A By -law to Authorize the Execution of a Site Plan Control A... APPENDIX "A" SITE PLAN AGREEMENT - between - 1198677 Ontario Limited -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 2,3,4 & 5 Plan 51 R37085 Being all of PIN 74053 -0246 (LT) Roll # 4346- 010 -009 -68960 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE July 14, 2010 By -Law No. 2010 -133 Page 183 of 285 15a) - A By -law to Authorize the Execution of a Site Plan Control A... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 Page 184 of 285 15a) - A By -law to Authorize the Execution of a Site Plan Control A... SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this 14' day of July, 2010, in accordance with Section 41 of the Planning Act BETWEEN: 1198677 Ontario Limited 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 single detached dwelling with covered porches 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 185 of 285 15a) - A By -law to Authorize the Execution of a Site Plan Control A... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of ail 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 $1,000. 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. 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 single detached dwelling with covered porches described in the Site Plan; Foundation, Main Floor, and Loft Floor Plans; Sections; and Front and Side Elevation drawings. 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. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: Page 186 of 285 15a) - A By -law to Authorize the Execution of a Site Plan Control A... 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) Lightin 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 Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule 'B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) 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. Tree Preservation j) Maximum of 50% tree removal in established building envelope as shown on approved Site Plan Drawing prepared by MHBC Planning, dated June 17, 2010, unless dead or diseased. No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, and driveway. Page 187 of 285 15a) - A By -law to Authorize the Execution of a Site Plan Control A... 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. 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 Creditor 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.O. 2001, c. 25, as amended. Page 188 of 285 15a) - A By -law to Authorize the Execution of a Site Plan Control A... 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 The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub- contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) ) 1198677 Ontario Limited )Owner The Corporation of the Township of Oro - Medonte per: ) H.S. Hughes, Mayor 1 J. Douglas Irvin, Clerk Page 189 of 285 15a) - A By -law to Authorize the Execution of a Site Plan Control A... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and 1198677 Ontario Limited LEGAL DESCRIPTION OF LANDS Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 2,3,4 & Plan 51 R37085 Being all of PIN 74053 -0246 (LT) Roll # 4346- 010 - 009 -68960 Page 190 of 285 15a) - A By -law to Authorize the Execution of a Site Plan Control A... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and 1198677 Ontario Limited SITE PLAN Site Plan Drawings: 51 R -37085 Part 5, Lot 1, Prepared by MHBC Planning dated June 17, 2010 51 R -37085 Part 4, Lot 2, Prepared by MHBC Planning dated June 17, 2010 51 R -37085 Part 3, Lot 3, Prepared by MHBC Planning dated June 17, 2010 51 R -37085 Part 2, Lot 4, Prepared by MHBC Planning dated June 17, 2010 All of the above noted Site Plan Drawings are available from the Township of Oro- Medonte. Page 191 of 285 15a) - A By -law to Authorize the Execution of a Site Plan Control A... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and 1198677 Ontario Limited 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 M 10 Page 192 of 285 15a) - A By -law to Authorize the Execution of a Site Plan Control A... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and 1198677 Ontario Limited ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required $1,000.00 /per lot under the terms of this Agreement, as noted in Section 5 herein. ii Page 193 of 285 15b) - A By -law to remove the Holding symbol applying to lands loca... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -0134 A By -law to remove the Holding symbol applying to lands located at Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by R0659014; Being Part 2,3,4 & 5 Plan 51 R37085 Being all of PIN 74053 -0246 (LT) Roll # 4346 - 010 - 009 -68960 (1198677 Ontario Limited) 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'A15% to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Part of PCL 1 -21 SEC 51- ORO -4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oro Closed by 80659014; Being Part 2,3,4 & Plan 51 R37085 Being all of PIN 74053 -0246 (LT) Roll # 4346- 010 - 009 -68960 (1198677 Ontario Limited)" 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, SECOND AND THIRD TIME, AND PASSED THIS 14 DAY OF JULY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 194 of 285 15b) - A By -law to remove the Holding symbol applying to lands loca... Schedule 'A' to By -Law No. 2010 =134 This Is Schedule 'A' to By -Law 2010 -134 passed the 14 day of July, 2010. Mayor H.S. Hughes Clerk J. Douglas Irwin N HORSESHOE VAL Y Pad i Part 3 j � .�. Pads I SUe.IfCT [ANDS 0 45 9 0 700 270 360 Meters TOWNSHIP OF ORO =MEDONTE Page 195 of 285 15c) - A By -law to Provide for the Giving and Changing of Names to ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -140 A By -law to Provide for the Giving and Changing of Names to Highways within the Township of Oro - Medonte, County of Simcoe (Breanna Boulevard) WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, Section 11(3) authorizes a municipality to pass by -laws with respect to highways. AND WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, Section 61 (1) provides that the municipality may enter upon land lying along a highway to install and maintain a sign setting out the name of a highway. AND WHEREAS the Council of the Township of Oro - Medonte deems it necessary to change the names of specific highways; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: That the highway located within Plan 1501 and named "Uno Drive ", be renamed to "Breanna Boulevard ". 2. That the name for the public highway `Breanna Boulevard" shall be affixed at every affected intersection thereof on public property. Where it is not practical to affix the name on public property, it shall be affixed on private property. 3. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10 DAY OF AUGUST, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 196 of 285 15d) - A By -Law to Authorize the Execution of an Agr... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -141 A BY -LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO- MEDONTE AND THE ORO- MEDONTE 77'S JUNIOR HOCKEY CLUB WHEREAS the Municipal Act, 2001,S.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 a agreement with the Oro - Medonte 77's Junior Hockey Club, during the 2010/2011 hockey season. NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By -Law. 2. THAT This Agreement shall be in force and effect from September 18, 2010 to April 9, 2011 or until the end of The Club's 2010/2011 Hockey season, whichever date occurs first. The date will not go beyond April 8, 2011. 3. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10 DAY OF AUGUST, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 197 of 285 15d) - A By -Law to Authorize the Execution of an Agr... SCHEDULE "A" to BY -LAW N0. 2010 -141 This Agreement made this _ day of BETWEEN: The Township of Oro - Medonte (hereinafter called "the Township ") The Oro - Medonte 77's Junior Hockey Club (hereinafter called "The Club ") WHEREAS The Club has the intention of utilizing the Oro - Medonte Community Arena, hereinafter referred to as "The Arena ", during the 2010/2011 hockey season; AND WHEREAS all parties wish to clarify the conditions affecting use of The Arena; NOW THEREFORE the parties hereto covenant and agree each with the other as follows: 1. Term of Agreement This Agreement shall be in force and effect from September 18, 2010 to April 9, 2011 or until the end of The Club's 2010/2011 Hockey season, whichever date occurs first. The date will not go beyond April 8, 2011. 2. Use of Facility (a) In accordance with this Agreement and the Township Facility Permit, which is issued further to this Agreement, the Club is hereby entitled to use The Arena facilities to play each of its regularly scheduled hockey games of its league schedule and its playoff schedule for the 2010/2011 hockey season. (b) The Arena facilities, which The Club shall be entitled to use for the duration of this Agreement, shall include the following: (i) The ice surface including seating areas for games and practices. (ii) Dressing room 5 and 6 for game nights (Home) Dressing Rooms 1 and 2 (Visitors) 1ofll Page 198 of 285 15d) - A By -Law to Authorize the Execution of an Agr... *Dressing Rooms will be allocated 1 hour prior to the start of ice time. *Equipment is to be removed after game completion and stored in outdoor storage container or other arrangements to be provided by the Club at its expense in consultation with the Township. (iii) Banquet Hall 3. Conditions of the ArenaBanguet Hall Facility Permit (a) The Recreation and Community Services Department may cancel this Agreement and the attached Township Facility Permit (hereinafter "Permit ") upon notice at any time if The Club does not meet the obligations set out therein including timely payment. (b) The Permit holder must comply with all Federal and Provincial laws and Township By -laws, and with all Township policy and procedures. (c) The Permit holder is prohibited from selling or distributing articles in any facility without prior written consent from the Director of Recreation and Community Services. (d) The Permit holder agrees to follow all posted rules and regulations of The Oro - Medonte Community Arena. All activities must be conducted in a professional manner. (e) The Permit holder must be 18 years of age or older and must be present for the duration of times as outlined on the Permit. (f) It is also agreed that no food and/or beverages will be sold on The Arena premises, excluding the Booster Club where alcohol may be served in accordance with Township of Oro - Medonte Municipal Alcohol Policy. (g) The Oro- Medonte is a smoke free facility and all visitors to the facility must abide by the no- smoking regulations in place. (h) Flood Time i) One ice hour ice time will be based upon a 50 minute hour allowing for 10 minute flood time. ii) The Township reserves the right to adjust ice time for additional flood time if required to maintain ice thickness requirements. 2of11 Page 199 of 285 15d) - A By -Law to Authorize the Execution of an Agr... (i) Banquet Hall (i) A booster club will be permitted in the banquet hall on game nights The permit will be subject to applicable fees and the terms and guidelines in the Municipal Alcohol Policy. (ii) No minors will be permitted in the Banquet Hall for a special occasion permit function. The club shall be responsible for ensuring compliance with the Municipal Alcohol Policy. (iii) Set up and take down on the banquet hall shall be the responsibility of the Club. The facility shall be left in a tidy state. The Township reserved the right to add additional cleaning charges if required. 4. Rental Fee (a) The Club hereby agrees to pay $88.00 / hour for non -prime time rental and $148.00 /hour for prime time rental, inclusive of HST, per hour for each hour or portion thereof of ice time scheduled or used by The Club; (b) The club agrees to pay $177.00 for licensed functions in the Banquet Hall (Booster Club) $313.00 for Special Events with LCBO Special Occasion Permit and $31.00/ hour for meetings. (c) The Club hereby agrees to arrange for and to pay directly for the cost of employing all attendants necessary for the sale and retrieval of all tickets required at games, plus the supervision of the building in order to assure the safety of the public and the security of the Arena facility. Adequate attendants are necessary to ensure all entrances are monitored. The Township reserves the right to determine adequate supervision structures and requirements. 5. Friday Evening Public Skating The Oro - Medonte 77's will provide payment in the amount of $1,184 for Friday Night Public Skating as identified on permit #2735 to accommodate the 30 minute change in public skate times. Additionally the Oro - Medonte 77's will provide additional payment of $222.00 (1.5 hours) for Public Skating on Friday evenings when home games are scheduled. In turn the Oro - Medonte 77's will administer the gate and will charge a fee not to exceed $1.00 for Children and Youth and $2.00 for Adults 18 +. The Oro - Medonte 77's will receive all proceeds from the gate on home game public skating evenings and are authorized to discount admission combined with their hockey admission. The Township will be responsible for the management and administration of the Public Skating Program. 3of11 Page 200 of 285 15d) - A By -Law to Authorize the Execution of an Agr... 6. Kevs (a) The Township shall at its discretions supply keys to the Club. (b) Keys cannot be consigned to others unless The Club has obtained the prior written approval of the Township. 7. Building Security and Protection of the Public (a) The number of Police Officers /Security Staff required to be on duty will be determined by The Club in conjunction with the Township, recognizing that it is The Club's responsibility to protect the public, maintain crowd control and ensure that The Arena is being operated in a safe manner during all of The Club's games. (b) Any person who has in his or her possession any intoxicating substance or who appears to be impaired or displaying improper conduct will be removed from the Facility. (c) The Club shall be responsible for providing parking attendants if requested by the Township. S. Adherence to Legislation. By -laws and Policy (a) The Club agrees to assure that its use of the Arena, including the Banquet Hall for Booster Club purposes, shall conform to all relevant Township by -laws and policy, Provincial/Federal legislation and the regulations of the Liquor License Control Board of Ontario. 9. Requirements Regarding Serving Alcohol: (a) In the event The Club wishes to serve alcohol, it is the sole responsibility of The Club to obtain a liquor license and to provide a copy of the license to the Recreation and Community Services Department in advance. (b) All servers must have Smart Serve certificates. (c) Compliance is required with the Township Municipal Alcohol Policy. The Club will be held solely liable for injuries and/or damages arising from failure to adhere to Township policy and regulatory requirements. 10. Fire Safety (a) All announcements will be made by The Club over the Arena public address system regularly before and during each game advising the public that smoking is prohibited in all areas of the Arena. Also, The Club shall 4 of 11 Page 201 of 285 15d) - A By -Law to Authorize the Execution of an Agr... announce the license plate number of vehicle(s) parked in the fire route outside The Arena and request that all vehicles be relocated from the fire route in a timely manner, The Township reserves the right to contact the Ontario Provincial Police, and or Oro - Medonte Fire Department and advise them of any situations that may arise in this regard. (b) The Club shall check the number of people being admitted to each game and ensure that the maximum number does not exceed 400 persons. The distribution of spectators shall be as follows: Bleachers -225 persons Lobby Seated — 35 persons Standing (Lobby and Stands) — 40 persons Banquet Hall - 100 persons Note The maximum occupancy and the following distribution numbers are based on crowd control and functionality of facility. It is understood that the movement of spectators will occur throughout the hockey games. (c) The occupancy in the following areas shall be maintained at all times: Bleachers — 225 Seated and 40 Standing Lobby — 35 Seated and 60 Standing Banquet Hall — 250 without tables and chairs - 200 with tables and chairs The number of people attending shall be provided to the Arena Attendant at the start of each game. (d) The Club shall advise and provide confirmation in writing to the Township at least fourteen days in advance of any planned special event programs for any game. (e) All exits, hallways and public areas must be kept free and clear at all times. Visiting teams shall not be permitted to bring in their equipment until 60min prior to the start of ice time. The Club will advise visiting teams of this requirement. (f) The Club will be required to attend training and carry out all fire evacuation procedures as directed by Township Arena Attendants for which an acknowledgement of undertaking will be signed. 11. Season Scheduling (a) The Club agrees to the schedule of times and dates indicated on the Permit when the Arena will be required throughout the season. Cancellation and 5of11 Page 202 of 285 15d) - A By -Law to Authorize the Execution of an Agr... additional bookings must be confirmed with the Township in writing at least one week in advance of the date in question. The normal hourly rate will be charged in accordance with paragraph 4(a) hereof if cancellations are not received at least one week in advance. Unavoidable emergency cancellations (i.e. road closures) will be accepted by the Township up to two hours before the game time with no penalty or charges to The Club or commitment from the Township to provide alternate ice time. The days and times indicated on the Permit will continue depending on The Club's Hockey season as required but not beyond April 9, 2011. (b) Excluded Dates: Dates excluded will be indicated on the Permit including certain holidays, tournaments and other events. 12. Record Keeping The Club agrees to maintain an accurate count of the number of people admitted for each game. The Club agrees to maintain all necessary records for the duration of this Agreement and to provide a detailed breakdown of attendance to the Township upon request. 13. Removal of Offending Patrons Township employees shall have the right to refuse admission to any person or persons to the Arena, or may require that any person leave or be removed from the Arena. 14. Damage to the Premises The Club agrees to assume responsibility for all costs relating to repairs to The Arena structure and contents resulting from misuse of the facilities by The Club or its guests. 15. Local Hockey Assistance The Club will provide players, coaches and training staff to assist Oro -Minor Hockey with its local hockey program. The Club also agrees to provide additional assistance to the Oro -Minor Hockey League and Oro Skating Club with terms being agreed upon between the parties. 6of11 Page 203 of 285 15d) - A By -Law to Authorize the Execution of an Agr... 16. Use of Banquet Hall The Club shall be entitled to have the use of the Banquet Hall in The Arena subject to availability at the described costs in 4b. The terms of this agreement will also apply to use of the Banquet Hall. 17. Use of Township Symbol or Logo The use of The Township symbol or logo is not permitted and is strictly prohibited without written consent from the Director of Recreation and Community Services. 18. Invoices and Payment (a) Monthly payments of 6,414.40 each for 5 months from The Club to the Township commencing September, 2010 for ongoing ice rental. Payments are due the first business day of each month. The final month will be adjusted to reflect the actual balance due. Monthly statements will be issued. The parties hereto agree to keep proper and complete accounts to enable each party to obtain sufficient information in order to determine what monies are due and payable under the terms of this Agreement. A representative of the Township of Oro - Medonte will be on the Oro - Medonte 77's Executive to act as liaison for the Township and will attend monthly meetings of the Executive. (b) Overdue accounts will be charged interest at a rate of 18% per month; failure to pay accounts promptly may result in Agreement and Permit cancellation. 19. Insurance The Club shall provide an up -to -date copy of its liability insurance policy with coverage of not less than TWO MILLION DOLLARS ($2,000,000.00) showing the Township as an additional named insured. 20. Guarantee (a) The Oro - Medonte 77's Hockey Club, of the Township of Oro - Medonte, County of Simcoe, hereby guarantees all and punctual payment of monies which are, or may become due and owing to the Township by The Club in accordance with the terms of this Agreement. (b) If The Club: (i) shall fail to pay any of its monthly installments for on -going ice rental or other sums payable under this Agreement when due, and allow such default to continue for five (5) days following the 7 of 11 Page 204 of 285 15d) - A By -Law to Authorize the Execution of an Agr... giving by the Township to The Club of written notice of such default; or (ii) if The Club shall fail to perform any of the other covenants or conditions in this Agreement or if The Club fails to observe or perform any of the above, and allows any such default to continue for fifteen (15) days following the giving by the Township to The Club written notice of such default; then, the Term of this Agreement may, at the option of the Township and without notice to The Club, be terminated and the entitlements vested in The Club and any and all other rights of The Club hereunder shall thereupon immediately cease and expire as fully and with like effect as if the entire term of the Agreement had elapsed. (c) If The Club shall default in the performance of any covenant (other than any covenant to pay Rent) on its part to be performed under this Agreement, and if such default shall continue for fifteen (15) days following the giving by the Township to The Club written notice of such default, the Township may enter upon the assigned rental premises and shall not be liable to The Club for any loss or damage to The Club's merchandise or business caused by acts of the Township, acting reasonably in so remedying the default or neglect of The Club. (d) If the Township at any time is compelled or elects to pay any sum of money or do any act which would require payment of any sum of money by reason of the failure of The Club to comply with any provisions of this Agreement or if the Township is compelled or elects to incur any expense, including legal fees, by reason of any default of The Club under this Agreement, the sum or sums, including legal fees on a solicitor and client basis, so paid by the Township with all interest, costs and damages shall be deemed to be Additional Rent hereunder and shall be paid by The Club to the Township forthwith upon demand and upon presentation of proof of payment. (e) If the Township shall re -enter or if the Agreement shall be terminated as set out above, then Rent in the form of the monthly installments shall immediately become due from The Club and be paid up to the time of such re -entry or termination, together with reasonable expenses of the Township.. 21. Termination Upon Notice Without Cause The Township shall have the right to terminate this Agreement, in whole or in part, without liability, upon completion the Term of the said agreement. 8of11 Page 205 of 285 15d) - A By -Law to Authorize the Execution of an Agr... 22. Termination Upon Notice With Cause The Township may terminate this Agreement forthwith, without liability, and without limiting any of its other rights or remedies, upon written notice to The Club if: (a) The Club is in breach of, or attempts to breach, any of its obligations under this Agreement; (b) The Club is unable to pay its debts when due or is insolvent, is ordered or adjudged to be bankrupt, is placed in the hands of a receiver, enters into any scheme or composition with her creditors, is dissolved, liquidated or wound up, or makes any assignment for the benefit of their creditors; or (c) Either party is unable to carry out their obligations under this Agreement by reason of a Force Majeure, meaning any bona fide delay or state of affairs beyond the control of a party (other than as a result of financial incapacity) which shall cause any party to be unable to fulfill or to be delayed or restricted in the fulfillment of an obligation. 23. Assignment The Club may not assign this Agreement or any of its rights hereunder or assign or delegate any of its obligations hereunder without the prior written permission of the Township. Any such assignment shall be null and void. This Agreement and The Club's rights and obligations hereunder may be assigned by the Township. This Agreement shall bind and inure to the benefit of the parties hereto and their respective and permitted successors and assigns. 24. Entire Agreement This Agreement contains the entire agreement between The Club and the Township and supercedes any prior agreement, obligation, statement, representation, understanding, warranty or communication, whether oral or written. No waiver or modification of any provision of this Agreement shall be binding unless it is in writing and signed by each of the parties. 25. Notice Any notice required or permitted to be given hereunder shall be given in writing and shall be deemed to have been received (i) upon personal delivery, or (ii) five 9of11 Page 206 of 285 15d) - A By -Law to Authorize the Execution of an Agr... days after being deposited in the Canadian mail system, whether by registered or certified mail, express mail, or postage prepaid, where addressed to either party at the addresses set forth herein. Either party may change its address for the purpose of notice by giving written notice to the other party of such change. Notice under this Agreement shall be provided to: TO: Oro - Medonte 77's Hockey Club c/o Gary Young 193 Kennedy Ave, RR # 2 Hawkestone, ON LOL 1TO Telephone Number: (705) 487 -7813 AND TO: The Corporation of the Township of Oro - Medonte 148 Line 7 South Box 100, Oro, Ontario Oro, Ontario LOK 1TO Attention: Director, Recreation and Community Services Telephone Number: (705) 487 -2171 Extension 7237 Fax Number: (705) 487 -0133 SIGNED, SEALED and DELIVERED by the parties hereto: Signed in the presence of: The Corporation of the Township of Oro - Medonte Signed in the presence of: Per: Harry Hughes - Mayor Doug Irwin - Clerk The Oro- Medonte 77's Junior Hockey Club Per: Per: 10 of 11 Page 207 of 285 15d) - A By -Law to Authorize the Execution of an Agr... We have the authority to bind The Oro - Medonte 77's Junior Hockey Club 11 of 1.1 Page 208 of 285 15e) - A By -law to amend the zoning provisions which apply to lands... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY- LAW NO. 2010 -142 A By -law to amend the zoning provisions which apply to lands within Concession 6, Parts of Lot 2 & 3, Part of BM A Plan M -9, Part 1 on Plan 51 R- 37479, SIT Easement in LT354320, LT441545 & SC27085 (Former Oro Township) Township of Oro - Medonte (Indian Park Association 2009- ZBA -18) 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 C14 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. Schedule 'A16' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located at Concession 6, Parts of Lot 2 & 3, Part of Blk A Plan M -9, Part 1 on Plan 51R-37479, Sf r Easement in LT354320, LT441545 & SC27085 (Former Oro Township) Township of Oro - Medonte, from the Private Recreation Exception 114 (PR *114) Zone to the Residential One Exception 200 Hold (R1 *200H)) Zone. 2. Section 7 — Exceptions of Zoning By -law 97 -95, as amended is hereby further amended by the addition of the following subsection: "7.194 *200 — Concession 6, Parts of Lot 2 & 3, Part of Blk A Plan M -9, Part 1 on Plan 51R-37479, S/T Easement in LT354320, LT441545 & SC27085 on Huronwoods Drive, known as Lot 2 (former Oro) Notwithstanding any other provision in this By -law, the following provisions apply to lands denoted by the symbol *200 on the schedules to the By -law: a) Minimum required interior side yard 4.5 metres (14.7ft) b) Minimum required rear yard 8.0 metres (26.2ft) c) Minimum setback from a public street 6.0 metres (19.7ft) d) Minimum setback to a steep slope 8.0 metres (26.2ft) 3. The Holding Provision cannot be removed until the appropriate Site Plan Agreement has been entered into with the Township. 4. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10 DAY OF AUGUST, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Schedule 'A' to By -law Page 209 of 285 15e) - A By -law to amend the zoning provisions which apply to lands... No. 2010 -142 This is Schedule 'A' to By -Law 2010 -142 passed the 10"' day of August, 2010. ® LANDS TO BE REZONED TO PRIVATE RECREATION EXCEPTION 114 (PR - 114) ZONE TO RESIDENTIAL ONE EXCEPTION 200 HOLD (R7 (H)) ZONE 0 25 50 100 Meters CHERRY TRAIL Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO- MEDONTE (FILE 2009- ZBA -18) Page 210 of 285 15f) - 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 -143 Being a By -law to authorize the execution of a Tax arrears extension agreement WHEREAS The Corporation of the Township of Oro-Medonte has registered on the V day of October, 2009 a tax arrears certificate against the land described in Schedule "A" attached hereto and forming part of this By -Law. AND WHEREAS Section 378 of the Municipal Act, 2001, S.O., 2001, C.25 as amended provides that a municipality may by By -law authorize an agreement with the owner of such land to extend the period of time, which the cancellation price payable on the land is to be paid. NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. THAT an agreement be entered into by the Corporation with the owners of the land described in Schedule "A" to extend the time period in which the cancellation price payable on this land is to be paid beyond October 1 5 ', 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, second and third time, and passed this 10 day of August, 2010. Mayor,H.S. Hughes Clerk, J. Douglas Irwin Page 211 of 285 15f) - 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. 2010 -143 Description of the land: Roll # 43 46 020 010 05400 Plan 1531 Lot 50 Page 212 of 285 15f) - 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 -143 THIS AGREEMENT made in triplicate the 8th day of July, 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 6th day of July, 2010 in the amount of $13,523.85 and a tax arrears certificate was registered in the Registry Office on the 1s` day of October, 2009 in respect of the said land. AND WHEREAS pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001, C.25 as amended a municipality may by By -law, authorize an extension agreement be entered into by the Corporation with the landowner to extend the period of time in which the cancellation price in respect to the said land is to be paid. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: The Owner agrees to pay to the Corporation the sum of $350.00 (three hundred and fifty) dollars monthly, commencing on the 31st day of July, 2010, to and including the 31st day of July, 2015. 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. 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 213 of 285 15f) - Being a By -law to authorize the execution of a tax arrears e... Page 2 Schedule "B" By -Law No. 2010 - I43 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 sent by registered post to the Owners at the following address: 25 Pine Ridge Trail RR 1 Barrie ON L4M 4Y8 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 Witness Mayor, H.S. Hughes Clerk, J. Douglas Irwin Witness V Owner, Page 214 of 285 15g) - A By -law to amend the zoning provisions which apply to lands... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY- LAW NO. 2010 -145 A By -law to amend the zoning provisions which apply to lands within Part West Half of Lot 24, Concession 7(Former Township of Oro); Part Lot 25, Concession 7 (Former Township of Oro) as in 80662159; Except Part 1, 51 R -6080, Oro - Medonte and Except Part 1, 51 R- 37419, Save and Except Part 1 & 2, 51 R- 37365, Ridge Road West (Leigh 2009- 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 prohibit the development of residential uses, in accordance with Section C1.3 of the Official Plan; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. Schedule 'A4' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part West Half of Lot 24, Concession 7 (Former Township of Oro); Part Lot 25, Concession 7 (Former Township of Oro) as in R0662159; Except Part 1, 51R-6080, Oro - Medonte and Except Part 1, 51R-37419, Save and Except Part 1 & 2, 51R- 37365, Ridge Road West, Township of Oro - Medonte, from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 201 (A/RU *201) Zone as shown on Schedule `A' attached hereto and forming part of this By -law. 2. Section 7 — Exceptions of Zoning By -law 97 -95 as amended is hereby further amended by adding the following subsection: "7.201 *201 — Part West Half of Lot 24, Concession 7 (Former Township of Oro); Part Lot 25, Concession 7 (Former Township of Oro) as in R0662159; Except Part 1, 51 R -6080, Oro - Medonte and Except Part 1, 51 R- 37419, Save and Except Part 1 & 2, 51 R- 37365, Ridge Road West Notwithstanding 'Table Al — Permitted Uses ", a single detached dwelling is not permitted on the lands denoted by the symbol *201 on the schedule to this By -law." 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, SECOND AND THIRD TIME, AND PASSED THIS 10 DAY OF AUGUST, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 215 of 285 15g) - A By -law to amend the zoning provisions which apply to lands... Schedule 'A' to By -law No. 2010 -145 This is Schedule 'A' to By -Law 2010 -145 passed the 10th day of August, 2010. Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO- MEDONTE (FILE 2009- ZBA -13) N W Z J n W Z J RIDGE RppD 7 y �I I LANDS TO BE REZONED TO AGRICULTURALn2URAL EXCEPTION (ArRU'M Page 216 of 285 t) ZONE i 250 500 Meters 0 125 Page 216 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -146 A By-law to Authorize the Execution of Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Indian Park Association described as lands as follows: BILK A PL M9, PART 1 ON PLAN 51 R37479, SIT EASEMENTS IN LT354320, LT441545 & SC27085 BEING ALL OF PIN 74057 -0536 (LT) ROLL# 4346 -010- 003 -1480 (Lot 2) Township of Oro - Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix 'W', 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, SECOND AND THIRD TIME, AND PASSED THIS 10"' DAY OF AUGUST, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 217 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... APPENDIX "A" SITE PLAN AGREEMENT - between - INDIAN PARK ASSOCIATION - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS BLK A PL M9, PART 1 ON PLAN 51 R37479, S/T EASEMENTS IN LT354320, LT441545 & SC27085 BEING ALL OF PIN 74057 -0536 (LT) ROLL# 4346 - 010 - 003 -1480 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE August 10, 2010 By -Law No. 2010 -146 Page 218 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 Page 219 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 10th day of August 2010, in accordance with Section 41 of the Planning Act BETWEEN: Indian Park Association 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 future construction of a dwelling 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 220 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... 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 $ 1000.00. 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. No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, amenity space and driveway, as shown on approved Site Plan Drawing prepared by MHBC, dated July 23, 2010, unless dead or diseased, as determined by a qualified arborist. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the future construction of a dwelling 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 221 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule 'B ". b) Li htin All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and(or roadway, not to cause interference in any way. c) 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 Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule `B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) 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. Page 222 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... Tree Preservation Maximum of 50% tree removal permitted in established building envelope as shown on approved Site Plan Drawing prepared by MHBC Planning, dated June 17, 2010. Maximum of 50 %tree removal does not include the necessary removal of trees that are dead or diseased as determined by a qualified arborist. No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, amenity space and driveway. j) Water Service Connection The owner shall enter into a water service connection agreement with the Township. Water service shall be installed by the owner at the owners cost. 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 or certified cheque 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: b) 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. c) 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. d) 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. e) 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 Page 223 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... 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 466 of the Municipal Act, 2001, S.O.2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. Page 224 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED 1 )Indian Park Association )Owner ) The Corporation of the ) Township of Oro-Medonte per: 1 H.S. Hughes, Mayor 1 ) J. Douglas Irwin, Clerk Page 225 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association LEGAL DESCRIPTION OF LANDS BLK A PL M9, PART 1 ON PLAN 51 R37479, S/T EASEMENTS IN LT354320, LT441545 & SC27085 BEING ALL OF PIN 74057 -0536 (LT) ROLL# 4346- 010 - 003 -1480 Page 226 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Indian Park Association SITE PLAN Site Plan Drawing prepared by MHBC Planning dated July 23, 2010 (Lot 2) Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. 10 Page 227 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association 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 WA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 11 Page 228 of 285 15h) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 12 Page 229 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -147 A By -law to Authorize the Execution of Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Indian Park Association described as lands as follows: BLOCK A, PLAN M9, BEING PART 1 ON PLAN 51 R- 37168; SIT EASEMENT IN LT354320, LT441545 & SC270857; BEING ALL OF PIN 74057 -0536 (LT) ROLL# 4346- 010 - 003 -1480 (Lot 3) Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10 DAY OF AUGUST, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 230 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... APPENDIX " A " SITE PLAN AGREEMENT between - INDIAN PARK ASSOCIATION - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS BLOCK A, PLAN M9, BEING PART 1 ON PLAN 51 R- 37168; S/T EASEMENT IN LT354320, LT441545 & SC270857; BEING ALL OF PIN 74057 -0536 (LT) ROLL# 4346 - 010 -003 -1480 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE August 10, 2010 By -Law No. 2010 -147 Page 231 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction Page 232 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this I& day of August 2010, in accordance with Section 41 of the Planning Act BETWEEN: Indian Park Association 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 future construction of a dwelling 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 233 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... 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. 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 $ 1000.00. 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. No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, amenity space and driveway, as shown on approved Site Plan Drawing prepared by MHBC, dated July 23, 2010, unless dead or diseased , as determined by a qualified arborist. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the future construction of a dwelling 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 234 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule 'B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) 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 #419186, 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 "S" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each 1. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) 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. s Page 235 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... Tree Preservation Maximum of 50% tree removal permitted in established building envelope as shown on approved Site Plan Drawing prepared by MHBC Planning, dated July 23, 2010. Maximum of 50 %tree removal does not include the necessary removal of trees that are dead or diseased as determined by a qualified arborist . No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, and driveway. Water Service Connection The owner shall enter into a water service connection agreement with the Township. Water service shall be installed by the owner at the owners cost. 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 or certified cheque 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) 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. c) 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. d) 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. e) 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 Page 236 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... 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 466 of the Municipal Act, 2001, S.O.2001, c. 25, as amended. iad�Z�I�:7_1�L�li 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 "X, 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 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. Page 237 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) )Indian Park Association )Owner ) The Corporation of the ) Township of Oro - Medonte Per: 1 H.S. Hughes, Mayor 1 ) J. Douglas Irwin, Clerk Page 238 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association LEGAL DESCRIPTION OF LANDS BLOCK A, PLAN M9, BEING PART 1 ON PLAN 51 R- 37168; Sfr EASEMENT IN LT354320, LT441545 & SC270857; BEING ALL OF PIN 74057 -0536 (LT) ROLL# 4346-010 -003 -1480 Page 239 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Indian Park Association SITE PLAN Site Plan Drawing: Site Plan Drawing prepared by MHBC Planning dated July 23, 2010 (Lot 3) Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. 10 Page 240 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association 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 home 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 WA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 7 1 11 Page 241 of 285 15i) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 12 Page 242 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -148 A By -law to Authorize the Execution of Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Indian Park Association described as lands as follows: PART BLOCK B, PLAN M30 ORO, DESIGNATED AS PART 1 ON PLAN 51 R- 37180; S/T EASEMENT AS IN LT354320, S/T EASEMENT AS IN LT441545 BEING ALL OF PIN 74057 -0558 (LT) ROLL# 4346 - 010 - 003 -14702 (Lot 4) Township of Oro - Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A'; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10 DAY OF AUGUST, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 243 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the ... APPENDIX "A" SITE PLAN AGREEMENT - between - INDIAN PARK ASSOCIATION -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS PART BLOCK B, PLAN M30 ORO, DESIGNATED AS PART 1 ON PLAN 51 R- 37180; SIT EASEMENT AS IN LT354320, S/T EASEMENT AS IN LT441545 BEING ALL OF PIN 74057 -0558 (LT) ROLL# 4346-010-003-14702 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE August10,2010 By -Law No. 2010 -148 Page 244 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the ... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule `D" Itemized Estimate of Cost of Construction 7 Page 245 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the ... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 10" day of August 2010, in accordance with Section 41 of the Planning Act BETWEEN: Indian Park Association Hereinafter called the "Owner" PARTY OF THE FIRST PART V.MA . 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 Ora - Medonte to permit the future construction of a dwelling 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 246 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the ... 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 $ 1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C ", as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. i) No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, amenity space and driveway, as shown on approved Site Plan Drawing prepared by MHBC, dated July 23, 2010, unless dead or diseased , as determined by a qualified arborist. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the future construction of a dwelling 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 247 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the .,. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) 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 Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B'. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule `B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) 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. s Page 248 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the ... Tree Preservation Maximum of 50% tree removal permitted in established building envelope as shown on approved Site Plan Drawing prepared by MHBC Planning, dated July 23, 2010. Maximum of 50 %tree removal does not include the necessary removal of trees that are dead or diseased as determined by a qualified arborist . No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, amenity space and driveway. Water Service Connection The owner shall enter into a water service connection agreement with the Township. Water service shall be installed by the owner at the owners cost. 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 or certified cheque 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) 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. c) 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. d) 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 Owners obligations under this Agreement have been completed, the Township will return said Letter of Credit. e) 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 Page 249 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the ... 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 466 of the Municipal Act, 2001, S.O.2001, c. 25, as amended. FAW$i3Tl4;Ilk 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 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 subcontractors. Page 250 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the ... IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED )Indian Park Association )Owner ) The Corporation of the Township of Oro-Medonte per: ) t H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 251 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the .,. 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 Indian Park Association LEGAL DESCRIPTION OF LANDS PART BLOCK B, PLAN M30 ORO, DESIGNATED AS PART 1 ON PLAN 51 R-37180; S/T EASEMENT AS IN LT354320, ST EASEMENT AS IN LT441545 BEING ALL OF PIN 74057 -0558 (LT) ROLL# 4346 -01 D -003 -14702 Page 252 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the ... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Indian Park Association SITE PLAN Site Plan Drawing prepared by MHBC Planning dated July 23, 2010 (Lot 4) Site Plan is not in a registerable form and is available from the Township of pro - Medonte. io Page 253 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association 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 WA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP WA Page 254 of 285 15j) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. rz Page 255 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -149 A By -law to Authorize the Execution of Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Indian Park Association described as lands as follows: PART BLOCK B, PLAN M30 ORO, DESIGNATED AS PART 2 ON PLAN 51 R- 37180; SIT EASEMENT AS IN LT354320, ST EASEMENT AS IN LT441545 BEING ALL OF PIN 74057 -0558 (LT) ROLL# 4346- 010 -003 -14702 (Lot 5) Township of Oro - Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 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, SECOND AND THIRD TIME, AND PASSED THIS 10 DAY OF AUGUST, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 256 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... APPENDIX "A" SITE PLAN AGREEMENT - between - INDIAN PARK ASSOCIATION - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS PART BLOCK B, PLAN M30 ORO, DESIGNATED AS PART 2 ON PLAN 51 R- 37180; S/T EASEMENT AS IN LT354320, ST EASEMENT AS IN LT441545 BEING ALL OF PIN 74057 -0558 (LT) ROLL# 4346- 010- 003.14702 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE August 10, 2010 By -Law No. 2010 -149 Page 257 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule `B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "t7' Itemized Estimate of Cost of Construction z Page 258 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 10 day of August 2010, in accordance with Section 41 of the Planning Act BETWEEN: Indian Park Association 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 future construction of a dwelling 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 259 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... 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 $ 1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C ", as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. i) No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, amenity space and driveway, as shown on approved Site Plan Drawing prepared by MHBC, dated July 23, 2010, unless dead or diseased, as determined by a qualified arborist. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the future construction of a dwelling 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 260 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) 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 Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each 1. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) 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. 5 Page 261 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... Tree Preservation Maximum of 50% tree removal permitted in established building envelope as shown on approved Site Plan Drawing prepared by MHBC Planning, dated July 23, 2010. Maximum of 50 %tree removal does not include the necessary removal of trees that are dead or diseased as determined by a qualified arborist . No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, amenity space and driveway. Water Service Connection The owner shall enter into a water service connection agreement with the Township. Water service shall be installed by the owner at the owners cost. 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. S. 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 or certified cheque 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) 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. c) 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 terns of this Agreement. d) 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. e) 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 Page 262 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... 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 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. r A Ill ' 1 W.' 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 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. Page 263 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED D )Indian Park Association )Owner ) ) The Corporation of the ) Township of Oro-Medonte per: N.S. Hughes, Mayor 1 ) J. Douglas Irwin, Clerk Page 264 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association LEGAL DESCRIPTION OF LANDS PART BLOCK B, PLAN M30 ORO, DESIGNATED AS PART 2 ON PLAN 51 R- 37180; SIT EASEMENT AS IN LT354320, ST EASEMENT AS IN LT441545 BEING ALL OF PIN 74057.0558 (LT) ROLL# 4346- 010.003 -14702 Page 265 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Indian Park Association SITE PLAN Site Plan Drawing prepared by MHBC Planning dated July 23, 2010 (Lot 5) Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. ro Page 266 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association 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.Di7) and the cost of preparation, execution and registration thereof, shall be bome 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 u. 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP WA I Page 267 of 285 15k) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 12 Page 268 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010-150 A By-law to Authorize the Execution of Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Indian Park Association described as lands as follows: BLOCK A, PLAN M30, BEING PART 1 ON PLAN 51 R -37169 BEING ALL OF PIN 74057 -0489 (LT) ROLL# 4346 - 010 - 003 -1480 (Lot 13) Township of Oro - Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A' 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, SECOND AND THIRD TIME, AND PASSED THIS 10 DAY OF AUGUST, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 269 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... APPENDIX "A" SITE PLAN AGREEMENT - between - INDIAN PARK ASSOCIATION -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS BLOCK A, PLAN M30, BEING PART 1 ON PLAN 51 R -37169 BEING ALL OF PIN 74057 -0469 (LT) ROLL# 4346-010- 003 -1480 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE August 10, 2010 By -Law No. 2010 -150 Page 270 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 Page 271 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 10th day of August 2010, in accordance with Section 41 of the Planning Act BETWEEN: Indian Park Association 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 future construction of a dwelling on lands described in Schedule "A ", attached hereto; AND WHEREAS the Township has enacted a By -taw 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 272 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... 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 $ 1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C, as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. i) No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, amenity space and driveway, as shown on approved Site Plan Drawing prepared by MHBC, dated July 23, 2010, unless dead or diseased , as determined by a qualified arborist. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the future construction of a dwelling 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 273 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. c) 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 Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule `B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) 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. Page 274 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... Tree Preservation Maximum of 50% tree removal permitted in established building envelope as shown on approved Site Plan Drawing prepared by MHBC Planning, dated July 23, 2010. Maximum of 50 %tree removal does not include the necessary removal of trees that are dead or diseased as determined by a qualified arborist . No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, amenity space and driveway. Water Service Connection The owner shall enter into a water service connection agreement with the Township. Water service shall be installed by the owner at the owners cost. 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 or certified cheque 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) 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, a will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. c) 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. d) Upon written notification by the Owners 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 Owners obligations under this Agreement have been completed, the Township will return said Letter of Credit. Page 275 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... e) 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 466 of the Municipal Act, 2001, S.O.2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule W, 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 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. Page 276 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) )Indian Park Association )Owner ) The Corporation of the ) Township of Oro-Medonte per: ) H.S. Hughes, Mayor 1 ) J. Douglas Irwin, Clerk Page 277 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association LEGAL DESCRIPTION OF LANDS BLOCK A, PLAN M30, BEING PART 1 ON PLAN 51R -37169 BEING ALL OF PIN 74057 -0489 (LT) ROLL# 4346 - 010 -003 -1480 Page 278 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Indian Park Association SITE PLAN Site Plan Drawing prepared by MHBC Planning dated July 23, 2010 (Lot 13) Site Plan is not in a registerable form and is available from the Township of Ora- Medonte. Jul Page 279 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association 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 ($2.0 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 WA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP WA Page 280 of 285 151) - Being a By -law to enter into a Site Plan Agreement with the ... 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 Indian Park Association ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 12 Page 281 of 285 15n) - Being a By -law to Remove Holding Provision for Lots 2, ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010-152 A By -law to remove the Holding symbol applying to lands located at: BLK A PL M9, PART 1 ON PLAN 51 R37479, S/T EASEMENTS IN LT354320, LT441545 & SC27085, BEING ALL OF PIN 74057 -0536 (LT), ROLL# 4346- 010 -003- 1480 (Lot 2) BLOCK A, PLAN M9, BEING PART 1 ON PLAN 51 R- 37168; S/T EASEMENT IN LT354320, LT441545 & SC270857; BEING ALL OF PIN 74057 -0536 (LT), ROLL# 4346 - 010 -003 -1480 (Lot 3) PART BLOCK B, PLAN M30 ORO, DESIGNATED AS PART 1 ON PLAN 51 R- 37180; SR EASEMENT AS IN LT354320, S/T EASEMENT AS IN LT441545, BEING ALL OF PIN 74057 -0558 (LT), ROLL# 4346- 010 - 003 -14702 (Lot 4) PART BLOCK B, PLAN M30 ORO, DESIGNATED AS PART 2 ON PLAN 51 R- 37180; S/T EASEMENT AS IN LT354320, ST EASEMENT AS IN LT441545, BEING ALL OF PIN 74057 -0558 (LT), ROLL# 4346 - 010 - 003 -14702 (Lot 5) BLOCK A, PLAN M30, BEING PART 1 ON PLAN 51 R- 37169, BEING ALL OF PIN 74057 -0489 (LT), ROLL# 4346- 010- 003 -1480 (Lot 13) (Indian Park Association) 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: Schedule 'A16', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known As 'Blk A PI M9, Part 1 On Plan 51 r37479, S/T Easements In Lt354320, Lt441545 & Sc27085, Being All Of Pin 74057 -0536 (Lt), Roll# 4346- 010 - 003 -1480 (Lot 2), and Block A, Plan M9, Being Part 1 On Plan 51 r- 37168; S/T Easement In Lt354320, Lt441545 & Sc270857; Being All Of Pin 74057 -0536 (Lt), Roll# 4346 - 010 - 003 -1480 (Lot 3), and Part Block B, Plan M30 Oro, Designated As Part 1 On Plan 51 r- 37180; S/T Easement As In Lt354320, S/T Easement As In Lt441545, Being All Of Pin 74057- 0558 (Lt), Roll# 4346- 010 - 003 -14702 (Lot 4), and Part Block B, Plan M30 Oro, Designated As Part 2 On Plan 51 r- 37180; SIT Easement As In Lt354320, St Easement As In Lt441545, Being All Of Pin 74057 -0558 (Lt), Roll# 4346- 010 -003- 14702 (Lot 5), and Block A, Plan M30, Being Part 1 On Plan 51 r- 37169, Being All Of Pin 74057 -0489 (Lt), Roll# 4346- 010 - 003 -1480 (Lot 13), and Part Block D, Plan M8, Being Part 1 On Plan 51 r- 37175; S/T Easement As In Lt354320 & Lt441545, Being All Of Pin 74057 -0551 (Lt), Roll# 4346 - 010 - 003 -2090 (Lot 14) (Indian Park Association)" 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. Page 282 of 285 15n) - Being a By -law to Remove Holding Provision for Lots 2, ... BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10 1-H DAY OF AUGUST, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 283 of 285 15n) - Being a By -law to Remove Holding Provision for Lots 2, ... Schedule 'A' to By -Law No. 2010452 This is Schedule W to By -Law 2010 -152 passed the 10"' day of August, 2010. Mayor H.S. Hughes Clerk J. Douglas Irwin N ❑ ° o i 0 x w U pU � PROPOSED LOTS 0 125 250 Meters TOWNSHIP OF ORO =MEDONTE Page 284 of 285 16a) - Being a By -law to confirm the proceedings of the Council Mee... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -144 BEING A BY -LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON TUESDAY, AUGUST 10, 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 Tuesday, August 10, 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, SECOND AND THIRD TIME, AND PASSED THIS 10 DAY OF AUGUST, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 285 of 285